Chantry office project could face binding vote depending on turnout
RIDEAU LAKES — Rideau Lakes council has taken a procedural step toward placing a question about the Chantry office project on the October 2026 municipal election ballot, a move that could have legal implications for the next term of council depending on voter turnout.
At the Jan. 12 committee of the whole meeting, council voted to direct staff to advance the recommended steps and schedule required to consider a ballot question related to the Chantry office project. The motion passed with one councillor opposed.
According to a report from township clerk Mary Ellen Truelove, council is permitted under the Municipal Elections Act to place a question on the ballot through a bylaw passed on or before March one, 2026.
“If council decides to proceed with placing a question on the ballot, there are legislative processes that must be followed,” Truelove wrote in her report. “The question must be clear, concise and neutral and must be capable of being answered by a yes or no.”
The clerk is responsible for determining whether the wording complies with the Act and for administering the question as part of the election process.
Truelove also emphasized the voter turnout requirement that determines whether the result is binding.
“At least 50 per cent of the eligible electors have to vote on the question, and more than 50 per cent of the voters have to be in favour of the question,” Truelove said during the meeting.
Under the Municipal Elections Act, if those thresholds are met and a majority votes yes, the municipality is required to implement the result within 14 to 180 days after voting day, even if a new council has been elected. If a majority votes no, the municipality is prohibited from implementing the matter for four years following voting day.
If turnout is below 50 per cent, the result is not binding and council is not legally required to act.
Truelove’s report also outlined Rideau Lakes’ voter turnout history, noting that turnout has not reached the 50 per cent threshold in recent elections. Voter turnout was 44.78 per cent in 2014, 41.4 per cent in 2018 and 32.8 per cent in 2022.
That history factored into council debate.
Coun. Marcia Maxwell, who opposed the motion, questioned the value of the process given past turnout levels.
“We haven’t hit 50 per cent of the eligible voting in the past,” Maxwell said. “I think this looks like a lot of work for staff and it’s not going to have any real impact.”
Other councillors argued that the question should still be put to voters.
Coun. Debbie Hutchings said the issue ultimately belongs to residents.
“What is the big deal about asking people a yes or no on a ballot?” Hutchings said. “We have to let it go and let the people have their say.”
Coun. Jeff Banks said the outcome of a ballot question would still represent a decision, regardless of turnout.
“There’s always a decision on these questions,” Banks said. “If we get 50 per cent, it will end. If we don’t, that will also be the decision.”
The stated intent of placing a question on the ballot, as outlined in the clerk’s report, is to give electors an opportunity to express their views on whether the Chantry office project should proceed to the tender stage.
Before a bylaw can be passed, council must hold a public meeting, with at least 10 days’ notice provided to the public and to the Minister of Municipal Affairs and Housing. Once the bylaw is passed, the wording of the question cannot be amended, although it may be appealed on limited grounds.
Council is expected to continue deliberating later this month regarding what wording should be proposed.
Ballot question or referendum? What is the difference?
The Municipal Elections Act distinguishes between a council initiated question on the ballot and a provincially authorized referendum.
A ballot question is allowed under the Municipal Elections Act and is initiated by council through a bylaw. The result is binding only if at least 50 per cent of eligible electors vote on the question and a majority supports the outcome.
If turnout is below 50 per cent, the result is advisory only.
A referendum is a formal vote that must be specifically authorized by provincial legislation. Municipalities do not have general authority to call referendums on their own. When held, the result is binding by law, regardless of turnout.
Rideau Lakes council is considering a question on the ballot, not a referendum.
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