65 (1) The clerk shall conduct by-elections in accordance with this section. 1996, c. 32, Sched., s. 65 (1). No by-election after March 31 in year of regular election (2) Despite any Act, no by-election shall be held to fill an office that becomes vacant after March 31 in the year of a regular election and no by-election shall be held with respect to a question or by-law after March 31 in the year of a regular election unless it is held in conjunction with a by-election for an office. 1996, c. 32, Sched., s. 65 (2); 2002, c. 17, Sched. D, s. 24 (1). Act applies (3) Subject to subsections (4) and (5), by-elections shall be conducted as far as possible in the same way as regular elections. 1996, c. 32, Sched., s. 65 (3). Rules, by-election to office (4) If a by-election is to be held for an office, the following rules apply: 1.  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, i.  the expiry of the appeal period with respect to a by-election ordered by a court, if no appeal has been filed, i.1  the final disposal of an appeal of a by-election ordered by a court, ii.  the council of the clerk’s municipality passes a by-law indicating a by-election is required, or the clerk receives a copy of such a by-law from another municipality whose elections he or she is responsible for conducting, iii.  the clerk receives from a local board whose elections he or she is responsible for conducting a copy of a resolution indicating a by-election is required, iv.  the Minister makes an order under subsection 266 (1) of the Municipal Act, 2001
or subsection 211 (1) of the City of Toronto Act, 2006
declaring all of the offices of the members to be vacant, v.  a candidate for the office dies or becomes ineligible to hold the office under the circumstances described in clause 39 (b), or vi.  the last acclamations are declared under section 37, if the by-election is required by subsection 37 (3) or (4). 2.  Nominations may be filed during the period that begins on the date of the event described in paragraph 1 and ends at 2 p.m. on nomination day. 2.1  If the by-election for an office is being held as a result of the death or ineligibility of a candidate or insufficient nominations in a regular election, a person may, despite section 29, only be nominated for the office if the person meets the requirements of clauses 29 (1) (a) and (b) both on nomination day of the regular election and on the day the person is nominated for the by-election. 3.  Voting day shall be 45 days after nomination day. 4.  The voters’ list shall be prepared as follows: i.  the clerk shall notify the Chief Electoral Officer that a by-election is required, ii.  the clerk shall, at least 21 days before nomination day, obtain the preliminary list or the part of it that is required for the by-election, iii.  the clerk shall make corrections to the preliminary list as soon as possible after obtaining the list, and iv.  the corrected list constitutes the voters’ list. 5.  Applications to revise the voters’ list may be made under section 24 or 25 during the period that begins when the clerk has made corrections as described in subparagraph iii of paragraph 4 and ends at the close of voting on voting day. 5.1  Within 30 days after voting day, the clerk shall, i.  prepare a final list of the changes to the voters’ list approved under sections 24 and 25, and ii.  give a copy of the final list of changes to the Chief Electoral Officer. 6.  Despite paragraph 7, a voting proxy appointed under section 44 may be any person entitled to be an elector if a regular election was held on the day of the by-election. 7.  A person is not eligible to vote in a by-election for an office if the person could not vote for that office if a regular election was held on the day of the by-election. 1996, c. 32, Sched., s. 65 (4); 2002, c. 17, Sched. D, s. 24 (2-7); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 34 (6); 2006, c. 33, Sched. Z.3, s. 18 (5, 6); 2009, c. 33, Sched. 21, s. 8 (25-27); 2016, c. 15, s. 42 (1); 2020, c. 23, Sched. 4, s. 11 (1, 2). Rules, question or by-law (5) If the by-election relates to a question or by-law, the following rules apply: 1.  The clerk shall fix the date of voting day, to be a day not less than 60 days and not more than 90 days after, i.  the council of the clerk’s municipality passes a by-law indicating a by-election is required, or the clerk receives a copy of such a by-law from another municipality whose elections he or she is responsible for conducting, ii.  the clerk receives from a local board whose elections he or she is responsible for conducting a copy of a resolution indicating a by-election is required, iii.  the clerk receives an order from the Minister indicating a by-election is required. 2.  Despite rule 1, in the case of a question under section 53 or 54 of the Liquor Licence Act, as it read immediately before it was repealed, or under any successors to those provisions in a regulation made under the Liquor Licence and Control Act, 2019, the date of voting day is fixed by the council of the municipality with the approval of the board of the Alcohol and Gaming Commission of Ontario under section 55 of the Liquor Licence Act, as it read immediately before it was repealed, or under any successor to that provision in a regulation made under the Liquor Licence and Control Act, 2019. 2.1  Despite rules 1 and 2, in the case of a question authorized by a by-law under clause 8 (1) (b) or (c), the date of voting day shall be a day at least 180 days after the day the by-law is passed. 3.  The voters’ list shall be prepared as follows: i.  the clerk shall notify the Chief Electoral Officer that a by-election is required and, A.  for a by-law under clause 8 (1) (a) or a question under subsection 8 (2) or (3), the clerk shall, within 10 days after the clerk notifies the Chief Electoral Officer that a by-election is required, obtain the preliminary list that is required for the by-election, or B.  for a question under clause 8 (1) (b) or (c), the clerk shall, at least 60 days before voting day, obtain the preliminary list that is required for the by-election, ii.  the clerk shall make corrections to the preliminary list under section 22 as soon as possible after obtaining the list, and iii.  the corrected list constitutes the voters’ list. 3.1  Applications to revise the voters’ list may be made under section 24 or 25 during the period that begins when the clerk has made corrections as described in subparagraph 3 ii and ends at the close of voting on voting day. 3.2  Within 30 days after voting day, the clerk shall, i.  prepare a final list of the changes to the voters’ list approved under sections 24 and 25, and ii.  give a copy of the final list of changes to the Chief Electoral Officer. 4.  The rule set out in paragraph 6 of subsection (4) applies to voting proxies. 5.  A person is not eligible to vote in a by-election relating to a question or by-law if the person could not vote with respect to that question or by-law if a regular election was held on the day of the by-election. 1996, c. 32, Sched., s. 65 (5); 2000, c. 5, s. 32 (1); 2002, c. 17, Sched. D, s. 24 (8, 9); 2016, c. 15, s. 42 (2-5); 2019, c. 15, Sched. 22, s. 100 (2); 2020, c. 23, Sched. 4, s. 11 (3, 4). (6) Repealed: 2016, c. 15, s. 42 (6). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 32 (1, 2) - 08/06/2000 2002, c. 17, Sched. D, s. 24 (1-10) - 01/01/2003; 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 34 (6) - 01/01/2007; 2006, c. 33, Sched. Z.3, s. 18 (5, 6) - 01/01/2009 2009, c. 33, Sched. 21, s. 8 (25-27) - 01/01/2010 2016, c. 15, s. 42 (1-6) - 09/06/2016 2019, c. 15, Sched. 22, s. 100 (2) - 29/11/2021 2020, c. 23, Sched. 4, s. 11 (1-4) - 01/01/2023 66 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 43 - 09/06/2016 67 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (28-30) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 68 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 33 - 08/06/2000 2002, c. 17, Sched. D, s. 25 - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (31-33) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 69 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 26 (1, 2) - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (34) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 70 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 43 (4, 5) - 01/03/2000 2002, c. 17, Sched. D, s. 27 - 01/01/2003 2005, c. 5, s. 46 (4, 5) - 13/06/2005 2016, c. 15, s. 43 - 09/06/2016 70.1 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 10 - 01/01/2007; 2006, c. 32, Sched. D, s. 11 - 01/01/2007 2016, c. 15, s. 43 - 09/06/2016 71 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 43 (6) - 01/03/2000 2005, c. 5, s. 46 (6) - 13/06/2005 2009, c. 33, Sched. 21, s. 8 (35, 36) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 72-74 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 43 - 09/06/2016 75 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 43 (7, 8) - 01/03/2000 2005, c. 5, s. 46 (7, 8) - 13/06/2005 2016, c. 15, s. 43 - 09/06/2016 76 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (37-39) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 77 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 34 - 08/06/2000 2002, c. 17, Sched. D, s. 28 - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (40) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 78 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 35 (1, 2) - 08/06/2000 2002, c. 17, Sched. D, s. 29 (1-4) - 01/01/2003 2004, c. 8, s. 46, Table - 01/11/2005 2009, c. 33, Sched. 21, s. 8 (41-43) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 79 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 43 (9) - 01/03/2000 2000, c. 5, s. 36 - 08/06/2000 2002, c. 17, Sched. D, s. 30 - 01/01/2003 2005, c. 5, s. 46 (9) - 13/06/2005 2009, c. 33, Sched. 21, s. 8 (44) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 79.1 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (44) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 80 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 31 (1-4) - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (44) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 81 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 32 (1-3) - 01/01/2003 2004, c. 8, s. 46, Table - 01/11/2005 2009, c. 33, Sched. 6, s. 74 - no effect - see 2009, c. 33, Sched. 21, s. 8 (44) - 01/01/2010; 2009, c. 33, Sched. 21, s. 8 (44) - 01/01/2010; 2009, c. 33, Sched. 21, s. 8 (45) - 14/03/2016 CTS 25 AU 10 - 2 2016, c. 15, s. 43 - 09/06/2016 81.1 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (44) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 82 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 33 (1-4) - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (46) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 82.1 Repealed: 2016, c. 15, s. 43. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 38 - 08/06/2000 2009, c. 33, Sched. 21, s. 8 (47, 48) - 01/01/2010 2016, c. 15, s. 43 - 09/06/2016 Controverted Elections