With Ward 8 Councillor John-Paul Danko running for federal office, the question arises of what Hamilton City Council will do if he wins, leaving his council seat vacant.
The Municipal Act prescribes the steps and timelines that City Council must follow in the event of a vacancy.
I’m going to quickly describe the Council’s choice between calling a by-election or filling the seat by appointment, then discuss the timelines available, and why September 19 is the leading choice for voting day.
Appointment or By-Election
The Municipal Act requires municipal councils to fill vacancies by either appointment or by-election.
Since amalgamation, there have been six council vacancies. Three have been filled by appointment and three have been filled by election.
History of Vacancies on City Council Post-Amalgamation
In 2004, there were two Council vacancies. On May 13, then-Ward 2 Councillor Andrea Horwath was elected to the Legislative Assembly in a by-election. On June 28, then-Ward 13 Councillor Russ Powers was elected to Parliament in a general election.
With more than two years remaining in the three-year council term, by-elections were called, and the voting date for both was Friday, October 1.
In 2015, then-Ward 7 Councillor Scott Duvall was elected to Parliament during a general election. With three years remaining in the four-year council term, a by-election was called.
On January 14, 2014, Ward 3 Councillor Bernie Morelli died after a long illness. With the regular municipal election occurring later in 2014, Council appointed former old City of Hamilton Mayor Bob Morrow to fill the seat.
In June 2018, then-Ward 7 Councillor Donna Skelly was elected to the Legislative Assembly mere months before the regular municipal election. Former old City of Hamilton Alderman Terry Anderson was appointed to fill the seat. (Skelly had been elected in the 2016 by-election that followed Duvall’s election to Parliament)
In September 2021, then-Ward 5 Councillor Chad Collins was elected to Parliament. With a year remaining in the term, Council opened nominations for appointment. 21 people applied, with Council voting 8-6 to appoint former Councillor Russ Powers over former Mayor Larry Di Ianni.
Timelines for By-Election if Council Chooses
In the event Danko wins and Council chooses to call a byelection, the following are the possible timelines:
Vacancy Occurs (Day 1 to 29 – April 29 to May 27): One of two events must occur for a council seat to become vacant. The member must resign in writing or become ineligible. Following a federal election, a council member becomes ineligible under the Municipal Act following the publication of the return of members in the Canada Gazette.
Danko can submit a resignation letter as soon as the day following the April 28 election, or wait for the Gazette publication.
By-Election Call by City Council (Day 9 to 89 – May 7 to July 26): Section 263 of the Municipal Act gives Council up to 60 days to fill a vacancy by appointment or pass a by-law calling a by-election. Note: May 7 is the first scheduled Council meeting following the federal election.
Nomination Period Closes (Day 39 to 149 – June 6 to September 24): Section 65 of the Municipal Elections Act states, “the clerk shall fix the date of nomination day to be a day not less than 30 days and not more than 60 days” after Council passes a by-election bylaw.
Election Period of 45 Days (Day 84 to 194 – July 21 to November 8): The Municipal Elections Act states, “voting day shall be 45 days after nomination day.”
Voting Day Possible Between July 21 to November 8 – Likely to Fall in Late September or Early October – September 19 Most Likely
On paper, City Council determines when a by-election is called and, by extension, the date for voting day.
In practice, the City Clerk will determine a feasible date for voting. They’ll weigh their staffing, tradition, and availability of voting facilities.
The first two weeks of September are not ideal because of the transition from summer to fall, including children returning to school and the City Council resuming its regular schedule.
Friday, September 19, is a good candidate for voting day because the public and catholic school boards have a professional activity day scheduled. This makes schools available as voting locations without the safety concerns of needing to keep voters attending the school separate from children attending classes.
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Published: March 31, 2025
Last updated: March 31, 2025
Author: Joey Coleman
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