REPORT
REPORT TO:
Mayor Bonnette and Members of Council
REPORT FROM:
Suzanne Jones, Town Clerk
DATE:
June 2, 2015
REPORT NO.:
CS-2015-0038
RE:
Regional Representation
RECOMMENDATION:
THAT Report No. CS-2015-0038, dated June 2, 2015 regarding Regional
Representation, be received;
AND FURTHER THAT staff be provided with direction regarding Council‟s
determination of conditions and criteria for regional representation, without loss of
current regional representation.
BACKGROUND:
Halton Region has seen substantial growth since its formation in 1974. Initially,
Burlington had the largest population followed by Oakville, Halton Hills and Milton. The
population distribution at the time reflected the following regional seat distribution –
Burlington, 9 seats; Oakville, 7 seats; Halton Hills, 5 seats; Milton, 3 seats. During the
1990‟s the population shifted resulting in the size of Burlington and Oakville being
almost equal, as were Milton and Halton Hills. A change to the regional council
representation was approved in May 1996 (which came into effect in 1997) to reflect the
population shift. Both Burlington and Oakville were provided 7 seats each, Milton and
Halton Hills with 3 seats each. This representation is still in place today.
In 2007 the Region established a Regional Representation Review Sub-Committee.
The work of the sub-committee ceased when, on March 26, 2008, the Regional Council
adopted a resolution requesting that additional research be undertaken, and further
acknowledged that there will be no change in Regional representation prior to the 2014
election.
On February 27, 2105 Region of Halton Council passed the following resolution;
“THAT the question of Regional representation be referred to the Local Councils
to discover under what conditions and criteria, in addition to no loss of
representation, the Local Councils would consider changes to Regional
representation, given that they have the say due to the “triple majority”
requirement; with a response requested within a four-month time period.”
The motion was approved through a recorded vote – 12 in favour, 9 Opposed.
This report and the associated resolution adopted by Town Council will form the Town
of Halton Hills response to the Regional Council.
COMMENTS:
The 1991 Supreme Court of Canada “Carter Decision” established an ethical base that
is used to guide representation reviews at all levels of government in Canada and has
been referenced in numerous municipal council representation studies, and Ontario
Municipal Board decisions. The Court decision maintained that electors are entitled to
“effective representation” recognizing that variances from the normal representationby-population objectives are legitimate and often necessary, but at the same time noted
that representation variances should be corrected - not perpetuated. The Court noted
that effective representation could be achieved by “relative parity of voting power”,
modified where necessary to take into account numerous valid factors such as
geography, community history, community interest, and minority representation.
In order to measure and balance the right to “effective representation” against the
common principles of “voter equality”, representation reviews often apply a standard
that allows a 25% variance from an electoral quota, meaning typically an average that is
determined by dividing the total electors in an area by the number of members to be
elected in that area. The 25% variance is also a standard of variation that is required
by the Federal Electoral Boundaries Readjustment Act (EBRA) and is also used by the
Province to balance “effective representation”.
As a Council not only represents the voting public, but rather the population across its
municipality, it‟s important to base data per population statistics. Population figures in
this report have been determined through the estimated population based on the
Region‟s Best Planning Estimates. The Best Planning Estimates (BPE) reflect the
population allocated to Halton through the Provincial Growth Plan and the distribution of
that population among the four local municipalities as reflected in the Sustainable
Halton Plan (ROPA 38). Each regional municipality will be using these figures in the
report brought forward to their local council.
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The region‟s local Councils have been requested by Regional Council to determine
conditions and criteria, without loss of current representation, under which they would
consider changes to regional representation. Local Councils have influence over these
decisions due to the “triple majority” approval requirement (a majority of local Councils,
a majority of Regional Councillors and a majority of the represented Regional
population must be in favour of the decisions).
The current composition of Halton Region Council falls short of representation-bypopulation objectives. Further disparity is indicated by the variance from the average
population number per member of Regional Council, which is 27,811. When
considering the 25% variance rule, the following table shows Milton and Halton Hills
well outside of the 25% range. Oakville‟s numbers reflect very little variance from the
average.
TABLE 1 – 2016 Representation by Population and Variance from Average
Oakville
Burlington
Milton
Halton Hills
Halton
Population
(2016)
Regional
Council
Members
Pop-per
Member
(2016)
% of
Pop.
% of
Seats
Variance from
Avg.
(100% = 27,811)
198,205
175,438
124,645
57,922
556,210
7
7
3
3
20
(excl. Chair)
28,315
25,063
41,548
19,307
27,811
35.6%
31.5%
22.4%
10.4%
100%
35%
35%
15%
15%
100%
101.8%
90.1%
149.4%
69.4%
Table 2 further, noted below, further outlines the variance trend from the average, by
including 2016 and 2021 population projections.
TABLE 2 – 2016 Representation Variance and 2021 Population Forecast
Pop-per
Member
(2016)
Oakville
Burlington
Milton
Halton Hills
Halton
28,315
25,063
41,548
19,307
27,811
Variance
from Avg.
(2016)
(100% =
27,811)
101.8%
90.1%
149.4%
69.4%
Population
Forecast
(2021)
Pop-perMember
(2021)
% of
Pop
(2021)
% of
Seats
(2021)
221,826
178,847
161,750
61,672
624,094
31,689
25,550
53,917
20,557
31,205
35.5%
28.7%
25.9%
9.9%
100%
35%
35%
15%
15%
100%
Variance from
Avg.
(2021)
(100% = 31,205)
101.6%
81.9%
172.8%
65.9%
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Section 218 and 219 of the Municipal Act, 2001 provides Councils with the authority to
change the composition of Council. Previous population growth caused the rebalancing of Regional Council in 1997. Further substantial population growth continued
and still continues. Population projections indicate that this imbalance of representation
regionally will continue to worsen, which leads to the question – does Halton Regional
Council conform to the equitable standard for representation by population, and fair and
effective representation?
In addition to equity, the appropriate overall size and representation of Regional Council
must be taken into account. The chart below outlines the size of other regional councils
in the Province. The average population representation per member is 32,329 amongst
the noted municipalities;
TABLE 3 – Representation by Population in other Ontario Municipalities
Region
Population
(2011 Census)
1,296,814
1,032,542
608,031
427,421
507,096
556,210
(2015 BPE)
Peel
York
Durham
Niagara
Waterloo
Halton
Size of Council
(including Chair)
25
21
29
31
16
21
Population per
Member
51,873
49,167
20,967
13,788
31,694
26,486
Currently, both the Towns of Milton and Oakville have brought forward their regional
representation reports to Council. The City of Burlington will be presenting their report
later in June. Within Milton and Oakville‟s reports it is stated that because Regional
Council has required that „there be no loss of representation‟, the representation to
population ratio of 1:19,307 (1 member for every 19,307 citizens - Halton Hills
representation ratio) should be considered the base for formulating optimum
representation.
If this ratio was imposed upon the other area municipalities, the number of regional
council members would be as follows;
TABLE 4 – Representation based on Halton Hills Numbers
Oakville
Burlington
Milton
Halton Hills
Halton
2016
Pop.
198,205
175,438
124,645
57,922
556,210
# members @
19,307 per member
10.3 = 10
9.1 = 9
6.5 = 7
3.0 = 3
29
(excluding Chair)
2021
Pop.
221,826
178,847
161,750
61,672
624,094
# members @
19,307 per
11.5 = 12
9.3 = 9
8.4 = 8
3.2 = 3
32
(excluding Chair)
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Although this model reflects fair representation by population, a number of factors need
to be taken into account. The growing size of Regional Council; financial and other
impacts for the local municipalities that are assigned the additional members; and as
well continued growth beyond the 2021 figures.
Another approach may be to consider weighted voting. Weighted voting is already in
place in a number of upper tier municipalities in Ontario and Canada. Instead of
increasing the number of members to Regional Council, instead increase the number of
votes as shown in the table below;
TABLE 5 – Weighted Votes based on the Halton Hils Population per Member
Oakville
Burlington
Milton
Halton Hills
Halton
2016
Pop.
198,205
175,438
124,645
57,922
556,210
# of votes @
19,307 per member
10.3 = 10
9.1 = 9
6.5 = 7
3.0 = 3
29
(30 incl. Chair)
2021
Pop.
221,826
178,847
161,750
61,672
624,094
# of votes @
19,307 per
11.5 = 12
9.3 = 9
8.4 = 8
3.2 = 3
32
(33 incl. Chair)
While weighted voting does provide each municipality with vote equity, it is a very
complex system that may not be perceived as transparent to the public. Because of the
complexity of a weighted voting system, regional staff would need to research and
recommend to Regional Council an “understandable” weighted voting method for
Halton, for Council‟s consideration.
A weighted voting system may be considered “a stop gap” solution while the region
undertakes a comprehensive review to consider the optimal structure of its Council.
Towns of Milton and Oakville‟s Resolutions re. Regional Representation
The Town of Milton Council passed the following resolution related to Regional
Representation;
(ES-015-15)
1.THAT Halton Region be urged to implement a solution to the current regional
representation imbalance to be in effect no later than the start of the 2018-2022
term of Council;
2.THAT Halton Region be requested to contract a qualified, outside consultant to
undertake a comprehensive representation review including determination of its
optimum size in accordance with the guiding principles outlined in this report;
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3.THAT, until Halton Region undertakes such a review, Halton Region increase
the size of Regional Council by two – both assigned to the Town of Milton - to be
in effect no later than the start of the 2018-2022 term of Council;
4.THAT the Government of Ontario be requested to approve legislation that will
require all municipalities in Ontario to undertake substantive representation
reviews at least once in every three terms of Council (12 years) and to implement
the measures necessary to maintain fair and effective representation;
5.THAT, should it appear Halton Region is unwilling or unable to correct the
current regional representation imbalance for the start of the 2018-2022 term of
Council, that the Town of Milton petition the Government of Ontario to impose a
fair, effective, and efficient representation solution on the Regional Municipality
of Halton;
6.THAT this report be forwarded to the Regional Clerk for distribution to all
members of Regional Council with a request that its recommendations be fully
endorsed at the earliest possible opportunity;
7.THAT this report be circulated to lower-tier municipal councils in Halton
Region, and to Halton area MP and MPPs, for their information.
The Town of Oakville Council passed the following resolution;
1. THAT Halton Regional Council be requested to increase regional
representation to include one additional member for Oakville and two
members for Milton, based on the 2016 and 2021 population forecast which
shows all municipalities falling within the 25 per cent variance rule and is
also in keeping with the past decision of Oakville Town Council to move to
seven wards;
2. THAT staff revisit the ward boundaries to address the current inequities in
representation within Oakville in keeping with future regional decisions on
regional representation that were not considered in 2012;
3. THAT Halton Regional Council not consider weighted voting as a criteria
for regional representation; and
4. THAT staff proceed to review a seven ward boundary configuration upon
Halton Regional Council’s approval of an additional member for Oakville,
alternatively, should no change in representation be approved by Halton
Regional Council for Oakville, staff evaluate a new six ward system of fair
representation to balance ward representation for Oakville Town Council.
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Next Steps
In order for any changes to take effect for the next regular election, changes to Council
composition must be finalized by December 31st of the year prior to the election.
Therefore, in order to be in effect for the October 2018 election, any changes agreed
upon through the triple majority requirements (as outlined in sections 218 and 219 of
the Municipal Act) must be completed by December 31, 2017.
RELATIONSHIP TO STRATEGIC PLAN:
This report is in keeping with the Town‟s strategic Direction; “To provide responsive,
effective municipal government.”
FINANCIAL IMPACT:
There are no financial impacts associated with this report.
COMMUNICATIONS IMPACT:
This report and Council‟s recommendation will be circulated to the Towns of Milton and
Oakville, the City of Burlington, and the Region of Halton for their information.
SUSTAINABILITY IMPLICATIONS:
As this report is administrative in nature, there are no sustainability implications.
CONSULTATION:
The Town Clerk has consulted with Clerks within the lower-tier municipalities in
preparing this report.
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CONCLUSION:
The Town of Halton Hills Council is asked to bring forward a recommendation regarding
changes to Regional Representation.
Staff recommend that whether Halton Hills Council agree to the increase in Regional
Council size to include 2 additional members for Milton; or 2 additional members for
Milton and 1 additional member for Oakville; or any other recommendation - it is
important that the Region be requested to contract a qualified, outside consultant to
undertake a comprehensive representation review to determine the optimal size of a
regional council to provide fair and effective representation across all its local
municipalities. Additionally, the Region be requested to recommend a system for
regular review of regional representation, for Regional Council‟s consideration.
Until such time that the weighted voting system can be determined as transparent, fair
and understandable by the voting public; staff recommend that this method not be
considered as a stop gap measure.
Staff respectfully seek Council‟s direction on this matter.
Respectfully submitted,
Suzanne Jones
Town Clerk
David Smith
Chief Administrative Officer
Terry Alyman
Commissioner of Community and
Corporate Services
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