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Updated: York regional chair election remains shelved, top job voted in by council members

Judge's ruling today for Toronto council has no local impact
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Regional Municipality of York headquarters on Yonge Street in Newmarket

Confusion may still reign in Toronto after a judge this morning overturned Premier Doug Ford’s legislation to reduce the number of local councillors there from 47 to 25. But, according to Superior Court Justice Edward Belobaba, what would have been York Region’s first election of its regional chair by voters remains shelved for now.

“I make no ruling in relation to the provisions in Bill 5 that change the selection process for the regional chairs in York, Peel, Niagara and Muskoka from election to appointment,” Justice Belobaba wrote in his 20-page judgment. “A more complete legal and evidentiary basis would be needed before this court could comfortably consider a challenge to the provisions in Bill 5 that deal with the appointment of the four regional chairs.”

Bill 5, the controversial legislation that quickly passed by Ontario’s new Conservative government in August, marries Toronto’s municipal wards to its federal counterparts. This came months after candidates had already kicked off campaigns leading up to the Oct. 22 municipal election.

York Region's current regional chair, Wayne Emmerson, withdrew from the local race just prior to the Ford government announcement, which left former Liberal cabinet minister MPP Steven Del Duca​​​​​ and former Thornhill MPP and Vaughan councillor Mario Racco vying for the region’s top job.

The regional chair will be elected by members of York Regional Council at its first meeting on Dec. 6, 2018, as it has done in years past. Regional council is made up of 21 local politicians from York’s nine municipalities. Local mayors automatically earn a seat at the regional table, along with additional elected officials from the larger areas, including Newmarket, Vaughan and Markham.

An early afternoon statement released by the Regional Municipality of York said "the Ontario Superior Court of Justice decision of Justice Belobaba reflects the issue of the size of City of Toronto Council, and not the election of the position of the Regional Chair in four municipalities, including York Region.

"Justice Belobaba refers to the provisions that are being challenged – that is, the provisions that change the number of wards and councillors from 47 to 25. Additionally, Justice Belobaba makes no ruling in relation to the provisions in Bill 5 that change the selection process for the regional chairs in York, Peel, Niagara and Muskoka. As such, the Municipal Act and the Municipal Elections Act will continue to reflect the process that was in place in 2014."

York Regional Council has debated the issue of governance since the province created regional government in 1971, corporate communication director Patrick Casey said in an emailed statement.

"Reviews have focused on composition and appropriate representation of Regional Council, and the approach of election of the position of Regional Chair and CEO. Council both this term and, in previous terms, has been very clear. Council has repeatedly voted in favour of maintaining the current approach, whereby the 20 elected members of Regional Council, as one of their first acts, elects the Regional Chair. Council’s most recent decision on this topic was February 2016," he added.