Direction of the Minister under a Declared State of Emergency
(Section 14 of the Emergency Management Act)
Under my authority in Section 14 of the Emergency Management Act, I order that this Direction (20-011) repeal and replace the Direction (20-007) regarding village commissions issued on May 26, 2020.
During the Provincial State of Emergency declared on March 22, 2020, and under the authority provided to me in Section 14 of the Emergency Management Act, in addition to any other directives I have issued and not repealed or otherwise terminated, I direct that, effective upon signature of this Direction:
- In this Direction, "Health Protection Order" refers to the Restated Order of the Chief Medical Officer of Health under s.32 of the Health Protection Act, as amended from time to time.
- A village commission is permitted to hold a meeting of electors and an election of village commissioners during the State of Emergency, on the condition that all applicable requirements of the Health Protection Order can be followed during the meeting and election.
- If a meeting of electors and election of village commissioners cannot be held while following the applicable requirements of the Health Protection Order or if, in the discretion of the village commission, it is preferable not to proceed with a meeting and election during the State of Emergency, the village commission may continue to postpone a meeting of electors and election of village commissions, provided that a meeting of electors is held within a period of 90 calendar days after the last date of the State of Emergency.
- The following provisions will continue to apply, whether a meeting of electors originally postponed under Direction 20-007 is rescheduled to be held during or after the State of Emergency:
- When a postponed meeting is rescheduled, notice of the date, time and place of the rescheduled meeting must be given in the manner and with the amount of advance notice which would have been required for the meeting if it had not been postponed.
- If a village commission has not, by by-law, provided for the village commissioners to be elected on a day within one week following the annual meeting of the village commission, the election of village commissioners is postponed to the date of the rescheduled annual meeting.
- If a village commission has, by by-law, provided for the village commissioners to be elected on a day within one week following the annual meeting of the village commissioners, the election of the village commissioner is postponed to such date as may be established by the village commission by resolution, which must be within one week following the rescheduled annual meeting.
- If a village commission has, by by-law, provided for the nomination of candidates on a day preceding the day on which the election is to be held, the nomination day is postponed to such date as may be established by the village commission by resolution.
- The term of office of a village commissioner holding office as of the May 20, 2020 is extended to the date on which the village commissioner's successor takes office or, if there is no successor, until the date on which the village commissioner's successor would have taken office if there was a successor.
- The term of office of a village commissioner elected at a postponed election shall run from the date on which the election would have been held if it had not been postponed.
Please note that these directions are in addition to any requirements established in a Medical Officer's order under the Health Protection Act.
A failure to comply with this direction could result in a summary conviction with fines between $500 to $10,000 for individuals and up to $100,000 for a corporation per incident.
This direction will remain in place for the duration of the Provincial State of Emergency unless it is terminated in writing by me earlier.
Dated August 20, 2020.
Original Signed By
Hon. Chuck Porter
Minister of Municipal Affairs and Housing