What happens if Sandra Masters resigns?
A closer look at the surprising sequence of events that would unfold following a shocking announcement.
People across Canada were shocked and caught off-guard when John Tory, recently re-elected as Mayor of Toronto, suddenly resigned. What seemed like it would be a steady, predicable and unexciting term of City Council quickly turned into a political thriller — a story complete with a comeback, a good deal of suspense, and a twist ending.
Meanwhile, rumours are circulating that Regina Mayor Sandra Masters is not planning on seeking re-election in 2024. Masters, whose election as Mayor was historic, has so far had a controversy-laden tenure and has been described as “embattled”.
Only time will tell whether Sandra Masters follows in John Tory’s footsteps. But, in the interest of always being prepared, we decided to take a look at the series of events that would unfold in such a situation.
Step 1. Regina City Council Names an Acting Mayor
According to Saskatchewan’s Cities Act, at Section 70.1(1), “[i]f a vacancy arises in the office of mayor, the council shall, at its next meeting, appoint a councillor to act as mayor […]”.
This means that someone among the current crop of Regina City Councillors would acquire the powers of the mayor.
Council-watchers can take a guess as to whom among the remaining members of Regina City Council might find the support to become mayor-for-the-moment (I think I know who it might be).
Step 2. A By-election is Set… Maybe
The acting mayor doesn’t necessarily lose their council seat. This is a crucial detail, because a by-election would, in most circumstances, be held to fill the top job on a permanent basis.
The Cities Act continues, rather ambiguously: “If a by-election is held and a person is elected as mayor…” (This section would seem to preclude the election of dogs or famous cartoon mice).
Eagle-eyed readers would have noticed that word in the legal language — If. Readers would have also noticed that the title of this section of the article includes the word “maybe”. Meaning a by-election is not necessarily a done deal in the case of a vacancy.
So how would Council decide? What powers do they have? Where are we going?
Step… 1 and-a-half. Council decides whether to hold a by-election at all!
Let’s backtrack a little.
At section 2(1)(c) of the Act, we discover that the word ‘“by-election” means a by-election as defined in The Local Government Election Act, 2015.
Let’s assume it’s New Year’s Day, 2024, and we have groggily opened up our phones and read the shocking announcement — that Sandra Masters has resigned! What happens now?
Regina City Council hurriedly gathers for its first meeting of the new year. The first order of business? Dealing with the aftermath of this shocking vacancy. As they debate, their cheeks reddened at once from the cold weather and the intensity of their conviction, the mayor’s chair looms empty over the remaining Councillors and the many media and spectators who are gathered in Henry Baker Hall to witness the city’s next step forward in history.
Arising in an impassioned oratory, one City Councillor (let’s say it’s John Findura) grasps his copy of the Revised Statutes of Saskatchewan, its corners dog-eared from frequent use. “My colleagues,” he roars, “it is as clear as day in Section 15 of the Local Government Election Act, 2015, that —
[I]f a vacancy occurs on a council or board on or after January 1 in the year in which a general election is to be held, the council or board may:
(a) proceed to fill the vacancy by a by-election in accordance with those sections; or
(b) decide not to fill the vacancy until the next general election.”
The Council is silent. Stunned. The audience is in awe. A pin drops, and it is heard by all present.
Having recently handed the Chain of Office, the Mayor’s Pin, the Executive Squashroom key, and Burger King Crown to the acting mayor, could we really see the acting mayor, gain an advantage in future elections from the incumbency of their new position — all due to merely winning the votes of perhaps five people?
According to the Act, yes.
But this time, Council decides that the residents of Regina must have a say as soon as possible, and opts to hold a mayoral by-election.
First, they would have to run this idea past the school boards located within the City of Regina, according to Section 13. After getting their feedback, Council would set a date for the election, which would have to be held within six months of the vacancy, as mandated by Section 11(1).
When is the deadline for candidates to sign up to run? This would be at 4:00 pm on nomination day — the fifth Wednesday before election day. That’s what section 73 tells us.
Step 3. Campaign Spending Limits?
Saskatchewan’s elections are outliers in Canada, not having followed the lead of other provinces or the federal level in limiting an individual’s total amount of donations, restricting their geographic provenance, or prohibiting corporate and union donations.
The rules on Saskatchewan’s local elections are similarly threadbare, laid out in Section 34 in all their glory —
At least 60 days before an election, a council, by bylaw […] may do either or both of the following:
(a) establish disclosure requirements respecting campaign contributions and expenses;
(b) establish election campaign spending limits.
That’s it. They can do spending limits, and/or require disclosure of donations and expenses. But they don’t have to do either one!
Regina’s election regulations are set out in By-Law 2007-34, The Regina Municipal Election Expenses By-Law, which is curiously nowhere to be found on the City of Regina website or the open data portal (very mysterious!).
Presumably, Council could set new spending limits ahead of a mayoral by-election, or even get rid of the spending limits altogether.
Step 4. A New Mayor
Depending on the date they’re sworn into office, the new mayor had better not pack away the Rolodex just yet. Another general election campaign is coming up in November of 2024.
Mayors (and readers) would have a bumpy road ahead in 2024.
It is worth pointing out that so far we’ve had no indication that Sandra Masters intends to resign as mayor. But, if you love elections and can’t wait to get the running shoes out (or snowshoes, depending on the time of year), it’s always good to be ready.