Hamilton City Clerk Matthew Trennum states he’ll bring to Council committee on June 11 a report to “present the options to Council as to whether or not to proceed with an appointment process or a by-election.”
As noted on TPR yesterday (May 27), Hamilton is the only municipality in Ontario that hasn’t yet decided on how to fill a post-federal election vacancy. Belleville, East Ferris, Guelph, Markham, Milton, and Toronto have already decided between an appointment and a by-election.
Ten of Hamilton’s remaining fifteen Council members have declared they will vote to call a by-election.
Based on the Clerk’s statement, City Council is now poised to enact the bylaw declaring a by-election on June 18.
By-Election Timelines Under the Municipal Act
Upon the enactment of the bylaw, the Municipal Elections Act (MEA) prescribes the following timelines for the nomination period, the election period [sometimes referred to as the campaign period], and the Election Date.
Nomination Period (30 to 60 Days)
Section 65 of the MEA 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 a Council enacts a bylaw calling for a by-election.
This means nominations can close as early as July 18 or as late as August 18.
(Day 60 falls upon Sunday, August 17. Ontario’s Interpretation Act extends the deadline to the next business day.)
Nomination Day (Between July 18 and August 18) Sets Voting Day (Between September 1 and October 2)
The final date for filing nominations is known as Nomination Day. This day is significant because it determines the voting day.
The MEA states, “voting day shall be 45 days after nomination day.”
Based upon a bylaw enactment date of June 18, the City Clerk will be able to choose any date between September 1st and October 2nd.
The date will be chosen based upon numerous logistical factors, including the availability of voting locations, the feasibility of potential advanced voting dates, and public convenience.
September 1st is Labour Day. Nothing in the MEA prohibits conducting voting on a holiday; however, practical considerations, such as the need to provide holiday pay for poll workers and increased rental costs, effectively rule out this date.
The first two weeks of September are not ideal due to the transition from summer to fall, including the return of children to school and the resumption of the City Council’s 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 impacting children attending class (by using gymnasiums, for example) and eliminates security concerns about using school buildings.
Advanced polls can be open during the weekend of September 13-14.
This date also enables the City to complete certification of the results in time for the newly elected Ward 8 councillor to be sworn in at the October 8 Council Ratification meeting.
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Published: May 28, 2025
Last updated: May 28, 2025
Author: Joey Coleman
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