Wilmot council reviews potential ‘lame-duck’ restrictions ahead of municipal election

By Galen Simmons

Wilmot council received an informational report May 25 outlining the possibility the township could enter a restricted-acts, or “lame duck,” period ahead of or immediately following this year’s municipal election.

Presented by township clerk Amelia Jaggard, the report explained the restrictions imposed under Ontario’s Municipal Act when it becomes apparent fewer than three-quarters of the current council members will return for the next term of office. Under the legislation, a municipality enters a restricted-acts period if enough incumbent councillors either choose not to run again or are defeated during the election process, creating what is commonly referred to as a “lame-duck” council.

“In Wilmot’s case, that means fewer than five members of council returning,” Jaggard said. “If triggered, council remains in power to continue governing and conducting regular municipal business, however, the act does temporarily remove authority for a limited number of decisions, specifically certain hiring decisions, disposition of property over $50,000 and expenditures or liabilities over $50,000 outside of the adopted budget.”

For Wilmot council, the restricted period could begin either Aug. 21, nomination day, or Oct. 26 following election day, depending on the number of incumbent councillors running for re-election or the makeup of the incoming council respectively.

According to the report, the province allows municipalities to prepare for a potential lame-duck period by delegating certain powers to staff ahead of time to maintain continuity of municipal operations.

As part of the report, staff recommended council direct staff to prepare a bylaw delegating limited authority to the township’s CAO should a restricted acts period occur. The proposed delegation would allow the CAO to make certain operational decisions related to staffing, expenditures, property transactions and funding agreements where matters are considered time-sensitive, operationally necessary or legally required and cannot reasonably wait until the new council is sworn in.

“It’s essentially so that a council who no longer has the will of the people, whether that be through the election or not choosing to remain in office, can’t be making huge decisions impacting the municipality,” Mayor Natasha Salonen said.

The report notes similar delegations were approved by council during previous election years, including the 2022 municipal election, and are considered a precautionary measure to ensure township services and operations continue uninterrupted if a lame-duck period is triggered.

Coun. Stewart Cressman noted that, unlike previous election years, Wilmot’s head of council now has strong mayor powers. He asked staff how those powers impact lame-duck restrictions.

“The province has proposed amendments to (strong mayor powers legislation) to expand on the rules in an election year on strong mayor powers,” Jaggard said. “The ministry is proposing to limit outgoing heads of council in strong-mayor municipalities from proposing the budget for the year following, as well, they are proposing restricted-act rules for heads of council with regards to their powers and duties.

“The comment period for those proposed changes just closed on May 17 and, at this time, I’m not aware of when that’s coming forward or when it will come into effect.”

Coun. Kris Wilkinson also pointed out that two members of council are running for the same seat as both he and Salonen are running for mayor. He asked whether that may have an impact on how a lame-duck period is decided.

To that, Jaggard said the fact only one of those two members of council could possibly be re-elected to council for the next term is factored into the calculation.