Staff recommend January 2022 byelection to fill vacant Ottawa council seat in Kanata North

Ottawa City Hall. (File photo)

OTTAWA -

Voters in Kanata North could be heading to the polls twice in 2022 to elect a councillor.

The City Clerk is recommending the city of Ottawa hold a byelection to fill the vacant seat following the departure of Jenna Sudds as councillor for Kanata North.

A municipal byelection to fill the vacant seat would cost Ottawa taxpayers $566,676.

Sudds resigned her seat on Sept. 23 after winning the federal election in Kanata-Carleton to become a new Member of Parliament. Sudds had represented the riding of Kanata North since the 2018 municipal election.

On Wednesday, council will declare the Kanata North seat vacant, and decide on how to fill the vacancy for the final year of the term.  Under the Municipal Act, council has two options to fill the vacant seat in Kanata North until the next municipal election in October 2022 – hold a byelection or appoint a new councillor.

In a report for Wednesday's Council meeting, City Clerk Rick O'Connor recommends council call a byelection for Jan. 24, 2022, to fill the seat. If Council were to appoint a new councillor for Kanata North, the councillor would be in place on Nov. 10, in time for the 2022 budget deliberations.

"Given that the vacancy has occurred with approximately 13 months left in the 2018- 2022 Term of Council, the City Clerk is recommending a byelection be held to fill the vacancy in order to provide residents with the opportunity to elect the Member that will represent them for the remainder of the term," says the report.

If council decides to hold a byelection, the nomination period would begin on Oct. 13 and end on Dec. 10. Advance voting day would take place on Jan. 14, 2022, with voting day on Jan. 24.

The City Clerk does say the shortest permitted calendar under the Municipal Elections Act could see a byelection held on Dec. 27, but warns staffing, "could become increasingly difficult should voting days occur in December due to annual leave, holiday commitments, and travel selections."

Ottawa Public Health has advised the city that a byelection can be conducted in a manner that is "as safe as possible."

Staff estimate the cost of a byelection for Ward 4 Kanata North will cost $566,676 due to the COVID-19 pandemic and ward specific delivery model for voting. The costs include hiring only city staff for voting places, the implementation of special mail-in ballot processes, increased communications efforts, PPE requirements, as well as additional cleaning and staff requirements.

APPOINTMENT TO KANATA NORTH

Council could also decide to fill the vacant seat through an appointment. Under the Municipal Act, council has the authority to appoint a new councillor who meets the requirements: 18 years of age or older, a Canadian citizen, a resident of the city of Ottawa, or an owner or tenant of land in the city or the spouse of such an owner or tenant.

The appointment process could include application forms, and interviews of candidates at a separate meeting of a committee or council, where candidates have five minutes to make a presentation and members can ask questions of each candidate. After, council would vote to appoint a candidate.

"It should be noted that City Council cannot appoint someone on the condition that they not run in the next election," says the report.

Staff say the appointment process will take 28 days to complete, allowing council to appoint a new councillor for Kanata North on Nov. 10 during a special meeting.

"In doing so, the residents of Ward 4 (Kanata North) will have a new City Councillor to represent them at Committee and City Council meetings during this fall’s heavy legislative agenda," says the city clerk.

"In addition, the new City Councillor would be able to formally participate when City Council considers the 2022 Budget report on December 8, 2021."

Staff estimate there would be "some modest costs" for advertising if council decided to appoint a new councillor for Ward 4.

Sudds is the third councillor to resign their seat at Ottawa City Hall during the current term.

In January 2019, Tobi Nussbaum resigned as Rideau Rockcliffe councillor to accept the role of Chief Operating Officer with the National Capital Commission. A byelection was held on April 5, 2019.

In March 2020, Stephen Blais resigned as councillor for Cumberland after being elected an MPP for the riding of Orleans. A byelection was held on Oct. 5, 2020.

Staff looked at how council vacancies have been filled in municipalities across Ontario in 2021. Two vacancies were filled by holding byelections, while 30 vacancies were filled by appointment.