DISTRICT OF MUSKOKA COUNCIL COMPOSITION REVIEW PRELIMINARY REPORT. Dr. Andrew Sancton Dr. Timothy Cobban Dr. Zachary Spicer

Transcription

1 DISTRICT OF MUSKOKA COUNCIL COMPOSITION REVIEW PRELIMINARY REPORT Dr. Andrew Sancton Dr. Timothy Cobban Dr. Zachary Spicer

2 Scope Size and composition of District Council Use of weighted and non-weighted voting by members of District Council Principle of representation-by-population with particular regard to seasonal population

3 Context 1967 Muskoka District Local Government Review Led by Donald M. Paterson Recommended that representation on District Council be distributed according to population, with seasonal population being given approximately half the weight of permanent population Composition remained unchanged since 1982 Provincial requirement to review upper-tier council composition

4 Purpose Provide an initial assessment of the current composition of District Council Introduce and assess possible alternative approaches to determining the size and composition of District Council

5 Outline Explanation of the provincial regulatory framework governing changes to the composition of regional council Examination of rep-by-pop and how the principle might apply in areas with such high seasonal populations Explore use of weighted voting

6 Outline We present five options 1. Status Quo 2. 50% weighting for seasonal (19 member council) 3. Resident and non-resident electors (19 member council) 4. Fully weighting seasonal residents (15 member council) 5. Weighted voting on District Council

7 Regulatory Framework 1. Changes to composition of upper-tier councils are subject to special approval provisions by members of District Council & area municipal councils 2. Certain changes will also likely require subsequent changes to area councils Relevant legislation: Section 218 & 219 of Municipal Act

8 Regulatory Framework Process Pass a resolution requesting the Minister authorize a change of council composition Must be posted on Regulatory Registry for 45 days, after which Minister considers any comments received and makes final recommendation If approved, Council must give notice of intent to pass and hold a public meeting

9 Regulatory Framework Requirement of Triple Majority approval Majority of upper-tier council vote in favour of by-law Majority of lower-tier municipalities must also pass resolutions supporting it Those municipalities must also have a majority of the electors in the upper-tier municipality

10 Regulatory Framework What this means for Muskoka District Any changes must be supported by at least 4 of the 6 lower-tier councils If these changes are to be in effect following the 2018 municipal election, this process must be completed by December 31, 2017

11 Representation by Population Usually seen as a desirable objective in any legislative body Under new provincial legislation, regional governments will be required to review the composition of their councils following every second regular municipal election

12 Representation by Population A question of multiple residences Census figures? Significantly undercounts those with secondary homes Electoral lists? Imperfect list of those living in a municipality

13 Rep-by-Pop and the OMB Dingwall v. Kearney (2009) seasonal Weiner v. Kingston (2013) students In both cases, OMB argued atypical populations need to be included fully

14 Weighted Voting Simcoe County Each local municipality is entitled to a minimum of 3 votes Each local municipality is entitled to one additional vote for every 2,000 electors over 5,000 Grey County Each municipality receives one vote per 1,000 electors or part thereof Mayor & Deputy Mayor split the votes

15 Weighted Voting Vote weighting used infrequently in Ontario Simcoe: Only 4 between Oct 11, 2016 and Sept. 12, 2017 (span of 20 council meetings) Grey: In 2017, 2 both in the same meeting

16 Weighted Voting BC Regional Districts A voting unit is established for the district (for example, one vote per 1,000 population) Number of votes a municipality or electoral area is entitled to is determined by dividing the population of the political unit by the voting unit, with result raised to next whole number Number of electors for each political unit is determined by dividing the number of votes by the number five

17 Weighted Voting

18 Weighted Voting Can account for community size without adding representatives to council Fewer representatives More complicated and confusing than one-member-onevote

19 Council Size There is no academic evidence to suggest that one size of council is better than another We should search for the size of council that best meets the needs of the citizens of Muskoka District. Cost should be secondary

20 Options 1. The Status Quo Difficult to identify the principle of representation currently at work Some will consider the decision of giving only partial weight to seasonal residents as questionable

21 Options 2. Partially Weighting (50%) Seasonal Residents and a 19 member council 2016 seasonal population estimate based on extrapolating the results of the 2013 Muskoka Second Home Study

22 Options

23 Options 3. Resident and Non-resident Electors and a 19-member Council MPAC voters list Advantage: eliminates some of the problems associated with trying to estimate seasonal population

24 Options

25 Options 4. Fully Weighting Seasonal Residents (100%) with a 15 member council Based on population, including families using seasonal properties, not only the owners of the property

26 Options

27 Options 5. Weighted Voting Application of Simcoe and Grey County models Based upon electors

28 Options

29 Options

30 Next Steps Consultations with District Council We welcome your comments Final report presented to council on October 16, 2017