Tillsonburg council in lame duck status until after election

Jeff Helsdon, Editor

When nominations for this fall’s municipal election closed, Tillsonburg council officially entered lame duck mode.

Lame duck refers to a restriction on the actions a council can take when less than 75 per cent of the current council will be returning after the election. Lame duck legislation has two phases under the Ontario Municipal Act. The first phase runs from the day nominations close, Aug. 21, to election day, Oct. 26, when the 75 per cent restriction applies. The second phase applies between Oct. 26 and when the new council is sworn in on Nov. 15. Again, if less than 75 per cent of those who are elected were from the previous council, the legislation kicks in.

In Tillsonburg’s case this year, with two councillors not returning and only one of the two mayoral candidates currently on council possibly returning, only three of seven positions could be from the previous council.

With council in lame duck status, council cannot remove or appoint, hire or fire, any officer or employee of the municipality. Council also cannot sell any property with a value of more than $50,000, or make any expenditures or incur a liability with a value exceeding $50,000. The exception applies if an item was previously budgeted. For instance, if completing a roads project was approved in the budget and the tenders came in during the lame duck period, council can approve the tender.

With lame duck legislation in play, the CAO makes decisions on restricted matters.

“It is at the discretion of the CAO whether they will choose to make use of the delegate authority,” explained Trisha McKibbin, Manager of Legislative Services/Clerk. “If the CAO chooses not to use the delegated authority, the newly-elected council will make the decision.”

Asked if there are upper limits to what a CAO could spend, McKibbin answered, “A CAO always takes the delegated authority seriously and may choose never to use it. There is no upset limit, but consideration will always be given as to whether the expenditure can wait until the new council takes office.”