Nomination Deposits for Candidates in Civic Election

ADMINISTRATIVE REPORT

Date: August 25, 1999
Author/local: R. Drennan/6678
RTS No. 957
CC File No. 1102

Council: September 14, 1999

TO: Vancouver City Council

FROM: City Clerk

SUBJECT: Nomination Deposits for Candidates in Civic Election

RECOMMENDATION

A. THAT a bylaw be prepared, requiring that all persons nominated for the offices of mayor and councillor be required to provide a $100 refundable deposit in the form of cash, certified cheque or bank draft.

B. THAT a letter be sent to the Vancouver School Board advising that Council is considering the adoption of a bylaw requiring $100 refundable nomination deposits for the offices of mayor and councillor pursuant to Bill 88, and suggesting that the Board consider a similar bylaw for the office of trustee.

C. THAT a letter be sent to the Vancouver Park Board advising that Council is considering the adoption of a bylaw requiring $100 refundable nomination deposits for the offices of mayor and councillor pursuant to Bill 88, and requesting that the Board take similar action.

D. THAT the nomination deposit requirement be evaluated at the conclusion of this year's election by the Chief Election Officer, and a report submitted to Council, School Board and Park Board.

CITY MANAGER'S COMMENTS

The City Manager RECOMMENDS approval of A, B, C and D.

COUNCIL POLICY

No existing policy.

PURPOSE

Bill 88, Local Government Statutes Amendment Act, 1999 has now received Royal Assent and been proclaimed into law. The provisions of Bill 88 concerning general local election have retroactively taken effect on June 29, 1999. The Mayor and City Clerk have both written to the Ministry of Municipal Affairs concerning frivolous or nuisance candidates, and their letters and the response to Mayor Owen from the former Minister of Municipal Affairs Jenny Kwan are attached to this report for background information.

The purpose of this report is to address the issue of nomination deposits. The new Section 44.1 of the Vancouver Charter states that Council may, by bylaw, requires that nomination for mayor or councillor or both, be accompanied by a nomination deposit, and further that such deposit may be different for the offices of mayor and councillor, but must not be greater than $100. A copy of Section 44.1 from Bill 88 is attached to this report.

DISCUSSION

Nomination deposits were discussed during and following the 1993 and 1996 elections because of the number of so-called "frivolous" candidates. Prior to 1993, the Vancouver Charter made provision for a $300 nomination deposit for the office of mayor only. The Election Reform Act of 1993 removed that authority. Council now has the power to require, and to vary the deposit for the offices of mayor and councillor; however the deposit cannot exceed $100 in each instance. As the maximum allowable deposit is nominal, it should be set at $100 for each candidate for each of these offices for the 1999 election.

Bill 88 amends the School Act to give the Board the same power as Council concerning nomination deposits. Therefore the School Board should be asked to make a policy decision on this matter and advise the Chief Election Officer of its decision.

The Corporate Policy Branch of the Ministry of Municipal Affairs has confirmed that there is the authority to require a nomination deposit for the office of Park Commissioner. Section 486(1) of the Charter states, "The members of the Board shall be nominated and elected at the same time and in the same manner as Councillors and, for these purposes, Part I applies". The Park Board should be asked to pass a bylaw requiring a $100 nomination deposit from each candidate for the office of Park Commissioner. A nomination deposit bylaw can be prepared requiring a standard deposit of $100 from every candidate seeking the offices of mayor and councillor.

CONCLUSION

The nomination deposit is the only mechanism given to us by the Provincial Government to deal with the issue of frivolous candidates. No mention has been made of increasing the number of nominators required. As it presently stands, two nominators (who must be electors) are required to support each candidate's nomination for all political offices. Following this year's election, a report will be submitted to council by the Chief Election Officer on the impact of this new bylaw on curtailing frivolous candidates.

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