Russell Township council is preparing for potential “lame duck” restrictions during the 2026 municipal election period. (File photo)
Russell Township council is preparing for the possibility of entering a restricted decision-making period, commonly referred to as a “lame duck” council, during the 2026 municipal election process.
During its May 25 meeting, council received a report outlining proposed delegated authority measures that would allow the township’s Chief Administrative Officer (CAO) to exercise certain powers if council becomes restricted under Ontario’s Municipal Act, 2001.
Council was also asked to approve a by-law delegating authority to the CAO during any potential restricted period following the 2026 municipal election.
According to the report, legislative changes introduced through Bill 218 shifted Nomination Day for regular municipal elections to the third Friday in August. As a result, a municipality could officially enter a “lame duck” position as early as August 24, 2026.
Under provincial legislation, a council is considered to be in a restricted position if fewer than 75 per cent of incumbent council members are expected to return following the election process.
The determination occurs twice during the election cycle.
The first period runs from August 24 to October 25, 2026, after nomination papers have been certified by the municipal clerk. If the certified nominations show that less than three-quarters of the current council members will return, restrictions automatically apply.
The second possible restricted period occurs between October 27 and November 16, 2026, after election results are officially declared. If fewer than 75 per cent of incumbent councillors are re-elected, the restrictions remain in effect until the new council is sworn in.
During a “lame duck” period, council is prohibited from taking several major actions under Section 275 of the Municipal Act.
Those restrictions include appointing or removing municipal officers, hiring or dismissing municipal employees, disposing of municipal property valued at more than $50,000, or approving expenditures or liabilities exceeding $50,000.
However, the legislation includes exceptions for projects and contracts already approved within the municipality’s most recent budget before Nomination Day. Emergency actions are also permitted if required under the Emergency Management and Civil Protection Act.
The proposed by-law would allow the CAO to exercise delegated authority during any restricted period to ensure municipal operations continue without interruption.
The report also noted that the CAO already holds authority to hire and dismiss employees below the department head level.
If approved, the delegated authority by-law would remain in effect until the inaugural and first regular meeting of the newly elected council, scheduled for November 16, 2026.
