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Municipal Elections Act
R.S.O. 1990, CHAPTER M.53
Note: This Act was repealed on December 19, 1996. See: 1996, c. 32, s. 1 (2).
Amended by: 1991, c. 3, s. 3; 1992, c. 15, ss. 91, 92; 1994, c. 1, s. 23; 1994, c. 27, ss. 50, 110; 1994, c. 34; 1996, c. 32, s. 1.
CONTENTS
Part |
Sections |
||
I |
1-137 | ||
II |
138-162 | ||
III |
163-211 | ||
______________ | |||
PART I
Definitions
1. In this Act,
“advance poll” means a poll held under section 72; (“vote par anticipation”)
“assessment commissioner” in relation to a municipality means the assessment commissioner appointed under the Assessment Act for the assessment region in which the municipality is situate; (“commissaire à l’évaluation”)
“assistant returning officer” means a person appointed by the clerk to assist in the conduct of the election; (“directeur adjoint du scrutin”)
“assistant revising officer” means a person appointed by the clerk to assist in the revision of the list of electors; (“réviseur adjoint”)
“candidate” means a person who is nominated for election to office in accordance with this Act and whose nomination is certified by the clerk; (“candidat”)
“clerk” with respect to a municipality means the clerk of the municipality; (“secrétaire”)
“Commission” means the Commission on Election Finances continued under the Election Finances Act; (“Commission”)
“constable” means a police officer or a person appointed by the clerk or the deputy returning officer to maintain peace and order at an election; (“constable”)
“corrupt practice” means any act or omission in connection with an election in respect of which an offence is provided under the Criminal Code (Canada) or which is a corrupt practice under this Act; (“manoeuvre frauduleuse”)
“deputy returning officer” means a deputy returning officer appointed for a polling place under this Act; (“scrutateur”)
“election” means an election governed by this Act; (“élection”)
“election assistant” means a person appointed by the clerk to assist in the conduct of an election; (“membre du personnel électoral suppléant”)
“election year” means a year in which a regular election is held in accordance with this Act; (“année d’élection”)
“elector” means a person entitled under this Act to vote in an election; (“électeur”)
“enumeration” means the latest enumeration under the Assessment Act; (“recensement”)
“enumeration list” means the most recent list of electors prepared by the assessment commissioner under section 21; (“liste de recensement”)
“holiday” means a holiday as defined in the Interpretation Act; (“jour férié”)
“local board” means a local board as defined in the Municipal Affairs Act; (“conseil local”)
“locality” means territory without municipal organization that is deemed a district municipality under the Education Act; (“localité”)
“Minister” means the Minister of Municipal Affairs; (“ministre”)
“municipality” means a city, town, village or township; (“municipalité”)
“new election” means an election other than a regular election; (“nouvelle élection”)
“nomination day” means the last day for filing nominations; (“jour de déclaration de candidature”)
“normal office hours” means those days and hours that an office is open to the public; (“heures normales de bureau”)
“oath” includes an affirmation; (“serment”)
“office” means an office, the election to which is governed by this Act; (“poste”)
“owner or tenant” means a person enumerated as owner or tenant of land separately assessed or liable to be separately assessed under the Assessment Act; (“propriétaire ou locataire”)
“polling day” means the day on which the poll is to be taken under this Act; (“jour du scrutin”)
“polling list” means the list of electors for each polling subdivision revised and certified by the clerk; (“liste électorale”)
“polling place” means the area designated by the clerk in which the facilities for the conduct of the poll are situate; (“bureau de vote”)
“polling subdivision” means a polling subdivision established by the clerk under this Act; (“section de vote”)
“preliminary list” means an enumeration list of electors which has been corrected under section 26 and printed or reproduced under clause 27(a); (“liste électorale préliminaire”)
“prescribed” means prescribed by the Minister; (“prescrit”)
“public school elector” means an elector who is not a separate school elector or an elector of the public sector or the Roman Catholic sector of The Ottawa-Carleton French-language School Board; (“électeur des écoles publiques”)
“quorum” means a majority of the members of council or of a local board or the trustees of a police village, as the case may be; (“quorum”)
“regional municipality” means a regional, metropolitan and district municipality and the County of Oxford; (“municipalité régionale”)
“regular election” means an election required to be held under section 11 of this Act; (“élection ordinaire”)
“scrutineer” means any person appointed as a scrutineer by a candidate or by a council under section 7; (“représentant”)
“separate school elector” means an elector who is a Roman Catholic separate school supporter or who is a Roman Catholic and the spouse of such supporter and any person entitled to be a separate school elector under the Education Act; (“électeur des écoles séparées”)
“spouse” means a person of the opposite sex,
(a) to whom the person is married, or
(b) with whom the person is living outside marriage in a conjugal relationship, if the two persons,
(i) have cohabited for at least one year,
(ii) are together the parents of a child, or
(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act. (“conjoint”) R.S.O. 1990, c.M.53, s.1.
Definition of residence and similar expressions
2. (1) In this Act, “residence” and similar expressions used in relation to a person means the true, fixed, permanent home or lodging place to which whenever the person is absent he or she has the intention of returning, subject to the following rules:
1. The place where a person’s family resides is that person’s residence unless he or she takes up or continues his or her residence at some other place with the intention of remaining there, in which case he or she shall be deemed to be a resident of such other place.
2. The place where a person occupies a room or part of a room as a regular lodger or to which he or she habitually returns not having any other permanent lodging place shall be deemed to be his or her residence.
Idem
(2) Despite subsection (1), if a person does not have a residence described in subsection (1), the residence of that person means the place to which the person most frequently returns to sleep, or the place to which the person most frequently returns to eat, whichever is more frequented by that person or if frequented equally, the place in which the person sleeps, subject to the following rules:
1. Multiple returns to the same place during a single day whether to eat or to sleep shall be considered one return.
2. In determining whether a person should be enumerated as a resident or added to the preliminary list of electors under section 29, regard shall be had to the places the person slept and ate over the immediately preceding five-week period.
3. In determining whether a person should be issued a certificate to vote under section 36 or the name of a person should be entered on the polling list under section 61, regard shall be had to the places the person slept and ate during the qualification period under section 13.
4. In the absence of evidence to the contrary, an affidavit of a person regarding the places the person slept or ate during any time period is conclusive. R.S.O. 1990, c.M.53, s.2.
Application of Act
Application of Act
3. Despite any other Act, this Act applies to and governs all elections,
(a) to the offices of,
(i) member of the council of a municipality,
(ii) member of the council of a regional municipality where such office is required to be filled by a vote of the electors of one or more area municipalities,
(iii) trustee of a police village,
(iv) trustee, commissioner or other member of a local board whose members are to be elected at elections required by law to be conducted by the same officers and in the same manner as elections of members of the council of a municipality,
(v) chair of the council of The Regional Municipality of Hamilton-Wentworth,
(vi) chair of the council of The Regional Municipality of Ottawa-Carleton;
(b) to obtain the assent of electors on any by-law required or authorized by law to be submitted for their assent at an election; and
(c) to obtain the opinion of the electors on any question required or authorized by law to be submitted to the electors at an election. R.S.O. 1990, c.M.53, s.3; 1991, c.3, s.3(1).
Election Officials
Returning and revising officer
4. (1) Except as otherwise provided in this section, the clerk of a municipality is the returning officer and revising officer for the purpose of the conduct of elections within the municipality or a part thereof.
Returning officer in police village
(2) For the purpose of elections of trustees of a police village, the clerk of the municipality in which the police village is located shall be the returning officer for the election and where the police village is located in two or more municipalities,
(a) the nominations for trustees shall be filed with the clerk of the municipality having the largest number of electors of the police village who shall send to the clerk of each municipality concerned by registered mail within forty-eight hours after the closing of nominations the names of the candidates; and
(b) the clerk of each other municipality in which part of the police village is located shall be the returning officer for the vote to be recorded in his or her municipality and he or she shall forthwith report the vote recorded to the returning officer referred to in clause (a) who shall prepare the final summary and announce the vote.
Returning officer for school board
(3) The clerks specified in the regulations under the Education Act shall be the returning officers for the election of the members of a school board.
Returning officer, Hamilton-Wentworth
(4) The clerk of the area municipality with the greatest number of electors shall be the returning officer for the election to the office of chair of the council of The Regional Municipality of Hamilton-Wentworth. R.S.O. 1990, c.M.53, s.4.
Returning officer—Ottawa-Carleton
(5) The clerks specified in the Regional Municipality of Ottawa-Carleton Act and in the regulations made under that Act shall be the returning officers for the election to the offices of chair and regional councillor of the council of The Regional Municipality of Ottawa-Carleton. 1994, c. 1, s. 23.
D.R.O. and poll clerk
5. (1) The clerk of every municipality shall for the purposes of an election appoint a deputy returning officer and a poll clerk for each polling place established in the municipality and, as far as is practicable, the deputy returning officers and poll clerks shall be appointed for polling places for the polling subdivisions in which they reside but no candidate or spouse of a candidate is eligible to be appointed as a deputy returning officer or poll clerk.
Where unable to act
(2) If a deputy returning officer or poll clerk signifies to the clerk that he or she will not act, the clerk shall appoint another person to act in his or her place.
Non-attendance of D.R.O., poll clerk
(3) If a deputy returning officer or poll clerk does not attend at the opening of the poll, the clerk shall appoint another person to act in his or her place.
Where D.R.O. or poll clerk unable to perform duties
(4) If a deputy returning officer or a poll clerk through illness or for any other reason becomes unable to perform his or her duties on polling day, the clerk shall appoint another person to act in his or her place.
Assistants
(5) The clerk may appoint election assistants, assistant returning officers and assistant revising officers to assist the clerk in the performance of his or her duties and provide for such clerical and other assistance as is necessary for such purpose, but no candidate or spouse of a candidate is eligible for any such appointment.
Delegation by clerk
(6) The clerk may in writing delegate to the assistant returning officers and assistant revising officers appointed under subsection (5) such of the clerk’s statutory rights and duties in relation to the preparation for and conduct of the election as he or she considers necessary.
Duties of poll clerk
(7) The poll clerk and an election assistant, if any, shall assist the deputy returning officer in the performance of the duties of his or her office and shall obey his or her orders.
Oath
(8) Every returning officer, deputy returning officer, poll clerk, election assistant, assistant returning officer, assistant revising officer, scrutineer, constable and other person authorized to attend at a polling place shall, before entering upon his or her duties, take and subscribe an oath in the prescribed form.
Oath of D.R.O.
(9) The appointment and oath of the deputy returning officer under subsection (8) shall be endorsed upon or attached to the polling list maintained by the poll clerk for the polling place for which he or she is appointed.
Age of persons appointed
(10) No person shall be appointed under this section who has not attained the age of eighteen years. R.S.O. 1990, c.M.53, s.5.
Who may administer oaths
6. (1) Except where otherwise provided, an oath may be administered by any person authorized by law to administer oaths in Ontario.
Idem
(2) The clerk may administer any oath required by this Act, and deputy returning officers, assistant returning officers and poll clerks may administer any such oath except an oath to be taken by the clerk.
No charge
(3) Every person administering an oath under or for the purposes of this Act shall administer the oath without charge. R.S.O. 1990, c.M.53, s.6.
Scrutineers appointed by candidate
7. (1) Each candidate may appoint in writing such number of persons who are at least sixteen years of age as he or she considers advisable as scrutineers to represent the candidate in a polling place and at the counting of votes under this Act.
Limit on number present
(2) Not more than one scrutineer representing each candidate may be present for any of the purposes specified in subsection (1) at any time.
Scrutineers appointed by council
(3) The council of a municipality may by resolution appoint as scrutineers in relation to voting on any by-law or question submitted to the electors at an election two persons to attend at the final summing up of the votes by the clerk and two persons to attend at each polling place, one such person in each case on behalf of the persons interested in and desirous of promoting the proposed by-law or voting in the affirmative on the question and the other such person on behalf of the persons interested in and desirous of opposing the proposed by-law or voting in the negative on the question. R.S.O. 1990, c.M.53, s.7.
Production of appointment
8. A person appointed as a scrutineer under section 7 before being admitted to a polling place shall, if so requested, produce and show his or her appointment to the deputy returning officer for the polling place. R.S.O. 1990, c.M.53, s.8.
Costs of Election
Cost of election
9. (1) Except where otherwise specifically provided by this or any other Act, the cost of an election shall be borne by the municipality in which it is held and all costs shall be paid on certification of the clerk.
Expenses of officers
(2) The reasonable expenses incurred by a clerk or any other officer for printing, providing ballot boxes, ballot papers, materials for marking ballot papers, and balloting compartments, and for the transmission of packets, and reasonable fees and for allowances for services rendered under this Act or otherwise on account of an election shall be paid by the treasurer of the municipality to the persons entitled thereto.
Expenses of by-election of local board
(3) If the clerk of a municipality is required to conduct an election of a member or members of a local board other than at a regular election, the local board shall reimburse the treasurer of the municipality for the reasonable expenses incurred by the clerk in conducting the election.
Payment
(4) The local board shall pay the expenses under subsection (3) as soon as practicable after receiving a certificate verifying the amount of the expenses signed by the clerk of the municipality. R.S.O. 1990, c.M.53, s.9.
Term of Office
Three-year term
10. (1) Despite any other Act and except where otherwise specifically provided in this Act, the term of office of all offices, the election to which is governed by this Act, shall be three years, commencing on the 1st day of December in an election year.
Until new council organized
(2) The holders of offices hold office until their successors are elected and the newly elected council or local board is organized. R.S.O. 1990, c.M.53, s.10.
Triennial Elections
Election year
11. (1) An election shall be held in accordance with this Act in each municipality in the year 1991 and in every third year thereafter for the purpose of electing persons to offices.
Vote on question, etc.
(2) Where a by-law requires the assent or a question is authorized or required to be submitted to obtain the opinion of the electors, the vote thereon shall be taken at the next regular election unless otherwise provided by order of the Ontario Municipal Board or in the case of a question submitted under the Liquor Licence Act, unless the Liquor Licence Board approves the taking of the vote on some other day. R.S.O. 1990, c.M.53, s.11.
Polling Day
Polling day
12. (1) Polling day in a regular election shall be the second Monday in November in each election year.
Idem
(2) Where polling day as specified in subsection (1) falls on a holiday, polling day shall be the next succeeding day that is not a holiday, but the day for the undertaking of any other proceeding pertaining to the election shall not be affected thereby. R.S.O. 1990, c.M.53, s.12.
Qualification of Electors
Electors, resident
13. (1) A person is entitled to be an elector in a municipality if he or she is not disqualified under this or any other Act or otherwise prohibited by law from voting in the election and if, at any time during the period commencing on the Tuesday following the first Monday in September in an election year and ending on the Friday in October that precedes polling day by thirty-one days, he or she,
(a) is a resident in such municipality;
(b) is a Canadian citizen; and
(c) has attained the age of eighteen years or on or before polling day will attain the age of eighteen years.
Deeming provision
(2) A person whose name is on the preliminary list is deemed to be entitled to be an elector unless there is evidence to the contrary. R.S.O. 1990, c.M.53, s.13.
Electors, non-resident
14. (1) A person is entitled to be an elector in a municipality if he or she is not disqualified under this or any other Act or otherwise prohibited by law from voting in the election and is not resident in such municipality at any time during the period commencing on the Tuesday following the first Monday in September in an election year and ending on the Friday in October that precedes polling day by thirty-one days, but at any time during such period, he or she,
(a) is the owner or tenant of land in the municipality or the spouse of such an owner or tenant;
(b) is a Canadian citizen; and
(c) has attained the age of eighteen years or on or before polling day will attain the age of eighteen years.
Deeming provision
(2) A person whose name is on the preliminary list is deemed to be entitled to be an elector unless there is evidence to the contrary. R.S.O. 1990, c.M.53, s.14.
Disqualification
15. Every person who is an inmate in a penal or correctional institution under sentence of imprisonment is disqualified from voting. R.S.O. 1990, c.M.53, s.15.
Ineligibility to vote
16. No corporation, executor, trustee or, except as otherwise provided in this Act, any person acting in a representative capacity is eligible to vote in any election. R.S.O. 1990, c.M.53, s.16.
Evidence of citizenship
17. For the purpose of sections 13 and 14, a statutory declaration by a person claiming that he or she is a Canadian citizen is proof, in the absence of evidence to the contrary, of the fact declared to. R.S.O. 1990, c.M.53, s.17.
QUALIFICATION OF ELECTORS TO VOTE
On Money by-laws
Who may vote on money by-laws
18. Every person entitled to be an elector in a municipality is entitled to be an elector to vote on a money by-law submitted for the assent of the electors of the municipality. R.S.O. 1990, c.M.53, s.18.
Polling Subdivisions
Polling subdivisions
19. The clerk, on or before the date prescribed by the Minister of Revenue under the Assessment Act, shall divide or, when necessary for the purposes of section 20, redivide the municipality into polling subdivisions and, to enable the assessment commissioner to prepare the list referred to in section 21, the clerk shall forthwith after any such division or redivision inform the assessment commissioner of the boundaries of each subdivision. R.S.O. 1990, c.M.53, s.19.
Size
20. A polling subdivision shall not contain more than 500 electors or extend beyond the boundaries of one ward. R.S.O. 1990, c.M.53, s.20.
Preparation of Enumeration List of Electors
Enumeration list
21. An assessment commissioner shall, on or before the 31st day of July in an election year, from the latest enumeration and from data received from other sources, compile for each polling subdivision in each municipality and locality in the assessment region an enumeration list containing the name and address of each person who meets the requirements for an elector under subsection 13(1) or subsection 14(1) and such list shall signify opposite the name of an elector,
(a) who does not reside in the municipality, that he or she does not so reside;
(b) who is enumerated as a Roman Catholic separate school supporter, that he or she is a separate school elector;
(c) who is a Roman Catholic and the spouse of a Roman Catholic separate school supporter, that such spouse is a separate school elector;
(d) who is enumerated as a separate school elector in accordance with the Education Act, that he or she is a separate school elector;
(e) who is an owner or tenant of land in the municipality, that he or she is such an owner or tenant;
(f) who is a separate school elector or a public school elector, that the elector has chosen to vote to elect members of the French-language section, or the English-language section, of a board under Part XIII of the Education Act;
(g) who is an elector for the Roman Catholic or public sector of The Ottawa-Carleton French-language School Board under the Ottawa-Carleton French-Language School Board Act, that the elector is such an elector. R.S.O. 1990, c.M.53, s.21.
For polling subdivision where no wards
22. (1) In a municipality or locality that is not divided into wards, the name of an elector shall be entered on the enumeration list,
(a) for the polling subdivision in which the elector resides; or
(b) if the elector does not reside in the municipality or locality, for the polling subdivision in which the elector or the elector’s spouse is owner or tenant of land.
For one polling subdivision only
(2) The name of an elector shall not be entered under this section on the enumeration list for more than one polling subdivision. R.S.O. 1990, c.M.53, s.22.
For polling subdivision where wards
23. (1) In a municipality that is divided into wards, the name of an elector shall be entered on the enumeration list,
(a) where the elector resides in the municipality, for the polling subdivision in which he or she resides; or
(b) where the elector does not reside in the municipality, for a polling subdivision of a ward in which the elector or the elector’s spouse is the owner or tenant of land.
For one polling subdivision
(2) The name of an elector shall not be entered under this section in the enumeration list for more than one polling subdivision. R.S.O. 1990, c.M.53, s.23.
Delivery of enumeration list
24. (1) The assessment commissioner shall deliver the enumeration list to the clerk and, in respect of a locality, to the secretary of the school board on or before the 31st day of July in an election year.
Proviso
(2) Nothing in this or any other Act requires the assessment commissioner to enumerate a person whose residence is described under subsection 2(2).
Format
(3) At the written request of the clerk, the assessment commissioner may deliver the enumeration list under subsection (1) or an extract of the enumeration list under subsection (4) in a format that will facilitate the use of mechanical or electronic means in the printing or reproduction of the list. R.S.O. 1990, c. M.53, s. 24 (1-3).
Provision of extracts of list
(4) No later than August 31 in an election year, the assessment commissioner shall provide the secretary of every school board with extracts of the enumeration list based on the school support of electors in that election.
Copy to registered candidate
(5) A board shall, upon request, provide a copy of the extracts to any person who is a registered candidate as defined in section 138 or 163 and is registered to run in an election for the office of a member of a school board.
Status of list
(6) Extracts of the enumeration list are not official enumeration lists and are not subject to any revision. 1994, c. 27, s. 110 (1).
(7)-(10) Repealed: 1994, c. 27, s. 110 (1).
Supplementary enumeration list
25. (1) The assessment commissioner may, before the 30th day of September in an election year, prepare and deliver a supplementary enumeration list to the clerk.
Contents
(2) The supplementary enumeration list shall be restricted to residents of on-campus residences of post-secondary educational institutions and to residents of a psychiatric hospital.
Format
(3) At the written request of the clerk, the assessment commissioner may deliver the supplementary enumeration list in a format that will facilitate the use of mechanical or electronic means in the printing or reproduction of the list.
Name on supplementary list
(4) A name on the supplementary enumeration list shall be deemed to be an application to include the name on the preliminary list filed with the clerk under section 30, and, in the absence of evidence to the contrary, the clerk shall treat it as a successful application and add the name to the preliminary list.
Correction of list
(5) Where it is apparent to the clerk that the list or part thereof delivered to the clerk under subsection (1) is not in conformity with the requirements for the polling subdivisions or that the list contains gross or manifest errors, the clerk may, before amending the preliminary list of electors under subsection (4), correct the list or part thereof and shall immediately notify the assessment commissioner of the corrections.
Limitation
(6) Sections 26, 27 and 28 do not apply to a supplementary enumeration list under this section. R.S.O. 1990, c.M.53, s.25.
Correction of list if manifest errors in it
26. (1) Where it is apparent to the clerk or the secretary of the school board that the list or part thereof delivered to him or her under section 24 is not in conformity with the requirements for the polling subdivisions or that the list contains gross or manifest errors, the clerk or the secretary, as the case may be, may, prior to the printing or reproduction of the list required under section 27, correct the list or part thereof and shall forthwith notify the assessment commissioner of such corrections.
Revision of list
(2) The list, as corrected under subsection (1), shall be revised in the office of the clerk or secretary, as the case may be, during normal office hours during the revision period under section 28, and at such other places and times as the clerk or secretary may determine.
Mailing of notice of electoral status
(3) On or before the 31st day of August in an election year, the assessment commissioner shall mail to each elector on the preliminary list, at the address shown in the list,
(a) a notice in the form prescribed by the Minister of Revenue under the Assessment Act, stating the electoral status of the person, and stating that revisions to the list may be made in the office of the clerk or secretary, as the case may be, during normal office hours during the revision period under section 28; and
(b) an application for revision of the list in the form prescribed.
One mailing per address
(4) If there is more than one elector at any address, only one notice is required to be sent to that address. R.S.O. 1990, c.M.53, s.26.
Preliminary List of Electors
Printing of list
27. Immediately after receipt of the list of electors delivered by the assessment commissioner under section 24, the clerk or secretary of the school board referred to in the said section 24, after making corrections, if any, under section 26, shall,
(a) cause the list to be printed or reproduced and such list shall be the preliminary list of electors;
(b) where the clerk or secretary considers it appropriate, establish places at which and the times when revision of the list will be undertaken in addition to those described in subsection 26(2);
(c) post notice of the date of the posting of the list, the last day for filing applications for revision of the list for the purpose of including names of electors who have not been included or of making additions or corrections to or deletions from the list, and the places and times at which the revision of the list will be undertaken in at least two conspicuous places in the municipality, and where there is a newspaper having general circulation in the municipality, publish the notice in the newspaper. R.S.O. 1990, c.M.53, s.27.
Revision of Preliminary List of Electors
Revision of list
28. (1) Immediately after the printing or reproduction of the preliminary list of electors, the clerk shall post one copy of the list in a conspicuous place in the clerk’s office and in at least two other conspicuous public places in the municipality.
Posting of list
(2) On or before the first day of the revision period under subsection (3), copies of the preliminary list shall be posted and notice given under section 27.
Revision period
(3) The period for revision of the preliminary list of electors commences on the Tuesday following the first Monday in September in an election year and ends at 5 p.m. on the Friday in October that precedes polling day by thirty-one days.
Notice affixed to list
(4) The clerk shall affix to the outside or cover of each copy of the preliminary list of electors for an election a notice in prescribed form, over the clerk’s name,
(a) stating that the list is a preliminary list of all electors for the election or is a preliminary list of all electors for the polling subdivision, as the case may be, prepared as required by this Act;
(b) setting forth the date on which the list was posted up in the office of the clerk;
(c) giving notice to all electors to examine the list for the purposes of making additions or corrections to or deletions from the list; and
(d) stating the last day for filing applications concerning inclusions, additions, corrections or deletions.
Copies of list
(5) At the time of posting a notice under subsection (1), the clerk shall deliver or mail one copy of the preliminary list to,
(a) the assessment commissioner;
(b) the secretary of every local board the members of which are required to be elected at an election to be conducted by the clerk;
(c) the clerk of the municipality responsible for conducting the elections in any combined area for school board purposes.
Copies upon request
(6) If the member of the House of Commons or the member of the Assembly representing the electoral district in which the municipality or any part thereof is situate makes a written request for the preliminary list, the clerk shall deliver or mail one copy of the list to that person.
Registered candidate entitled to copies
(7) Every registered candidate, as defined in section 138 or 163, is entitled to be provided by the clerk with two printed copies of that portion of the preliminary list of electors containing the names of the electors who are entitled to vote in the election for the office for which that registered candidate is registered.
Format of list
(8) At the written request of a registered candidate, the clerk may furnish the preliminary list of electors under subsection (7) in a format that will facilitate the use of mechanical or electronic means in the printing or reproduction of the list. R.S.O. 1990, c.M.53, s.28.
Revision of list
29. (1) The clerk or an assistant revising officer shall attend at the revision of the preliminary list and shall continue to do so from day to day or as required until all applications filed on or before the last day for filing applications for revision of the list have been disposed of.
When applications may be considered
(2) Although the time for filing applications for revision of the preliminary list under section 28 has not expired, the clerk may proceed to consider such applications as from time to time may be received and may determine and dispose of them. R.S.O. 1990, c.M.53, s.29.
Application to enter name in or delete name from list or correct information
30. (1) A person whose name has not been included in the preliminary list for a polling subdivision in a municipality or whose name has been included therein but the information relating to the person set out therein is incorrect or whose name has been included therein as a non-resident and who is qualified to be an elector in more than one ward in the municipality may apply to the clerk or assistant revising officer of the municipality on or before the last day for filing applications for revision of the list to have the person’s name included on the list or to have such information corrected, including having his or her name deleted from any list where it is incorrectly included, or to have his or her name deleted from the list and to have it entered in the list of another ward in which the person or the person’s spouse is the owner or tenant of land.
Application and declaration
(2) Every person applying under this section shall sign an application in the prescribed form in which all the information shall be sufficiently filled in, either by the applicant personally or by the clerk or assistant revising officer at the applicant’s request, and shall declare that he or she understands the effect of the statements in the application and that the person is an elector entitled to have his or her name included on the list or to have the list corrected pursuant to his or her request before the clerk or assistant revising officer enters his or her name on the list or corrects the preliminary list, as the case may be.
Filing
(3) An application made under this section and duly signed by the applicant may be filed by the applicant in person or by mail or by his or her agent in person.
Where application filed by agent
(4) An application filed by the agent of the applicant shall be signed by both the applicant and the agent and, upon the request of the clerk, the agent shall provide proof satisfactory to the clerk of the identity of the agent.
Interpreter
(5) When the language of an applicant under this section is not understood by the clerk or assistant revising officer, an interpreter provided by the applicant may be sworn and may act, but in the event of inability to secure an interpreter, the application shall be refused.
Decision to amend list
(6) If it appears to the clerk or assistant revising officer that an applicant under this section understands the effect of the statements in the application and that the applicant is an elector whose name should be included in the polling list or that the amendment thereof that the applicant requests should be made, the clerk or assistant revising officer shall certify accordingly by signing the application.
Refusal to amend list
(7) If, in the opinion of the clerk or assistant revising officer, the statements made by an applicant in an application under this section do not show that the applicant is an elector entitled to have his or her name included in the polling list or to have the list amended as requested, the clerk or assistant revising officer shall inform the applicant that the application is refused, stating the reasons for such refusal, which reasons he or she shall endorse on the application form. R.S.O. 1990, c.M.53, s.30.
Application for deletion of name
31. (1) At any time after the posting of the preliminary list of electors for a municipality and until the last day for filing applications for revision thereof, any person may file with the clerk an application, in the prescribed form, for deletion from the list of the name of a person who is not entitled as an elector to have his or her name entered thereon.
Notice to person where name objected to
(2) The clerk, upon receipt of an application under this section, shall forthwith cause to be served personally on or sent by registered mail to the person concerning whom the application is made at the address given in the preliminary list and at such other address, if any, as may be mentioned in the application a notice of hearing requiring such person to appear in person or by his or her representative on a day and at a time to be fixed in the notice.
Copy of application to be served
(3) A copy of the application shall accompany a notice served or sent under subsection (2).
Notice to applicant
(4) The clerk shall notify the applicant of the time and place of the hearing.
Decision of clerk, etc.
(5) On the day for the hearing fixed in a notice given under this section, the person filing the application may attend before the clerk or assistant revising officer to establish the validity of such application and the clerk or assistant revising officer, after reviewing an explanation of the facts alleged and after hearing what is alleged by the person concerning whom the application was made or by his or her representative, may delete the name from the preliminary list if the clerk is satisfied of the validity of the application.
Where person objected to does not appear
(6) Where a person concerning whom an application has been made under this section or his or her representative does not attend before the clerk or assistant revising officer on the day of hearing fixed in the notice and the clerk or assistant revising officer is satisfied that due notice of application has been given to the person or that the person could not be found and the registered notice could not be delivered, the clerk or assistant revising officer may delete the name of such person from the preliminary list of electors but shall not do so except upon evidence under oath which satisfies him or her that the name should not have been included in the list.
Where name deleted from preliminary list
(7) Where, under this section, for any reason the name of a person is deleted from a preliminary list of electors, the clerk shall forthwith cause to be served personally on or sent by mail to that person at the address given in the preliminary list a notice indicating the reasons for which the person’s name was deleted from the preliminary list and advising of the voting procedures under sections 36 and 61, but if the clerk is satisfied that the person cannot be found at the address in the preliminary list, or that the notice cannot be delivered to the person, no notice need be given.
Special deletions
(8) Subsections (2) to (7) do not apply to applications under subsection (1) to delete from the list a person’s own name or the name of a deceased person.
Deletions
(9) If the clerk receives an application to delete from the list a name of a person described in subsection (8) and the clerk is satisfied of the validity of the application, the clerk may delete the name. R.S.O. 1990, c.M.53, s.31.
Decision final
32. Subject to section 36 or 61, the decision of the clerk or assistant revising officer to enter on or delete the name of a person as an elector from the preliminary list of electors is final for the purposes of this Act. R.S.O. 1990, c.M.53, s.32.
Statement of changes
33. (1) Upon the determination of all applications for revision of the preliminary list filed on or before the last day for filing applications, the clerk shall compile a statement of changes to the list including deletions and additions.
Idem
(2) The statement shall set out the full name and address of each person who is the subject of the addition, change or deletion.
Distribution of statement
(3) The clerk shall, within ten days after nomination day, send a certified copy of the statement to each person who was provided with a copy of the preliminary list under subsection 28(5) or (6) and shall provide two certified copies of the statement to every candidate for office. R.S.O. 1990, c.M.53, s.33.
Polling List
Polling list
34. After compilation of the statement of additions, changes and deletions required under section 33, the clerk shall prepare the polling list of electors for each polling subdivision in his or her municipality by making the appropriate changes in the preliminary list in accordance with the statement and shall certify the list as so revised. R.S.O. 1990, c.M.53, s.34.
Only persons in list entitled to vote
35. Except as provided in sections 36, 56 and 61, no person is entitled to vote at an election unless the person’s name appears on the polling list certified under section 34 for the polling subdivision in which the person tenders his or her vote. R.S.O. 1990, c.M.53, s.35.
Entry of name on list by D.R.O.
36. (1) If a person whose name is omitted from a polling list certified under section 34, at any time after preparation of the polling list and prior to the closing of the poll, satisfies the clerk of the municipality on oath that the person was entitled to be an elector under section 13 or 14 and to have his or her name entered on the preliminary list for the municipality, the clerk may issue a certificate in the prescribed form authorizing the deputy returning officer for the proper polling subdivision to enter the name of the elector on the polling list for the subdivision and to permit such person to vote, but the vote must be cast before the closing of the poll.
Idem
(2) Where the name of a person is omitted from the polling list as finally revised and the person satisfies the clerk of the municipality on oath that the person was under section 13 or 14 otherwise entitled to be an elector and to be entered on the preliminary list except that he or she was not a Canadian citizen, if the person produces for the inspection of the clerk a certificate of naturalization or other conclusive evidence that he or she is a Canadian citizen, the clerk may issue a certificate authorizing the proper deputy returning officer to enter the name of the person on the polling list to entitle the person to vote as if his or her name had been entered thereon before the list was revised.
Identification
(3) For the purpose of establishing the identity of a person under subsection (1) or (2), the clerk may require the person to provide personal identification satisfactory to the clerk and, in the absence of that identification, the clerk may refuse to issue a certificate.
Certificate to be produced
(4) A person is not entitled to vote under this section unless at the time the person requests a ballot he or she produces and files with the deputy returning officer the certificate given by the clerk under subsection (1) or (2).
Entry on polling list
(5) The deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of the person voting under the authority of a certificate issued under this section.
Certificates to be kept in separate envelope
(6) The deputy returning officer shall enclose all certificates to which this section applies in one envelope. R.S.O. 1990, c.M.53, s.36.
Nominations
Who may be nominated
37. Any person, who is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold an office, may be nominated as a candidate for that office if he or she,
(a) is qualified to hold that office under an Act constituting the office; and
(b) is registered for that office under section 139 or 168 of this Act. R.S.O. 1990, c.M.53, s.37.
Nomination day
38. (1) Nomination day for a regular election is Friday, the thirty-first day before polling day.
Period for nomination
(2) Persons may be nominated as candidates in an election between 9 a.m. and 5 p.m. on nomination day, but nothing in this section prevents a person from filing a nomination paper with the clerk during normal office hours during the period from Tuesday to Thursday inclusive immediately preceding nomination day.
Notice of time for filing nominations
(3) The clerk shall, at least seven days prior to nomination day, post in at least two conspicuous places in the municipality notice of the date and times for filing nominations and of the offices for which persons may be nominated as candidates in the election, and, where there is a newspaper having general circulation in the municipality, publish at least seven days prior to nomination day the notice in the newspaper. R.S.O. 1990, c.M.53, s.38.
How nominated
39. (1) A person who is qualified under section 37 may be nominated as a candidate for an office by filing, either personally or through his or her agent, in the office of the clerk, on the days and during the hours specified in subsection 38(2), a nomination paper in prescribed form which,
(a) shall be signed by at least ten electors whose names are entered on the preliminary list of electors or who have made application to have their names included on the list and who are entitled to vote in the election to such office;
(b) shall state the name and address of the person nominated in such manner as will identify the person and the office for which he or she is nominated; and
(c) shall state the name and address of each elector signing the nomination paper and, where the office for which the person is nominated is a member of a school board, that such nominator is a public school elector, a separate school elector, an English language public school elector, an English language separate school elector, a French language public school elector or a French language separate school elector, as the case may be.
What address to be shown
(2) The address referred to in clauses (1)(b) and (c) shall be the address within the municipality of the person nominated or the elector signing the nomination paper, as the case may be.
Consent and declaration to be filed
(3) No nomination is valid unless there is filed with the nomination paper a consent in writing to the nomination and a declaration of qualification in the prescribed form by the person nominated.
Separate nomination papers
(4) Each person to be nominated for election to an office shall be nominated by a separate nomination paper, but an elector may sign more than one nomination paper for the same person and the nomination papers of more than one person.
Possession of nomination paper by clerk
(5) After a nomination paper is certified by the clerk, it shall remain in the possession of the clerk but shall be open to inspection by any person during the normal office hours of the clerk.
Onus on person nominated
(6) The onus is on the person nominated for election to an office to file a nomination paper.
Determination as to type of elector
(7) For the purposes of this section, the determination as to whether an elector is a public school elector, a separate school elector, an English language public school elector, an English language separate school elector, a French language public school elector or a French language separate school elector shall be in accordance with the electoral status indicated on the enumeration list delivered to the clerk under section 24, as revised under section 28. R.S.O. 1990, c.M.53, s.39.
Endorsation by clerk
40. (1) Where a nomination paper is filed in the office of a clerk, the clerk or the clerk’s assistant returning officer shall endorse upon it the date and time of its filing.
Certificate of clerk
(2) Where a nomination paper is filed in the office of a clerk prior to nomination day, the paper shall be examined by the clerk and, if satisfied that the requisite number of the nominators whose signatures appear on the nomination paper are electors entitled to vote for the office, the clerk shall so certify in writing.
Posting
(3) When the nomination papers have been certified, the clerk shall cause the name, mailing address and qualifying address of each candidate nominated and office for which the candidate is nominated,
(a) to be posted in the office of the clerk or in a conspicuous place open to inspection by the public; and
(b) if Part III applies to the election of the members to the office, to be sent to the Commission.
Definition
(4) In this section, “qualifying address” means the address which qualifies the candidate to be an elector under clause 13(1)(a) or 14(1)(a).
Where filed on nomination day
(5) Where a nomination paper is filed in the office of a clerk on nomination day,
(a) the clerk shall accept the nomination paper and cause the name of the person nominated to be posted up in accordance with subsection (3);
(b) the clerk shall examine the nomination paper before 4 p.m. on the first day following nomination day that is not a Saturday or a holiday and if it appears to the clerk that the requisite number of nominators whose signatures appear on the nomination paper are not electors entitled to vote for the office, the clerk shall reject the nomination and give notice of the rejection immediately by registered mail to the person nominated and all candidates for that office, but if the clerk is satisfied that the nominators meet such requirements, he or she shall so certify in writing.
Where number of candidates nominated insufficient
(6) Where, at 5 o’clock in the afternoon of the first day following nomination day that is not a Saturday or a holiday, the number of candidates who have been nominated for an office and have not withdrawn under subsection 42(1) is not sufficient to fill the number of vacancies to which candidates may be elected, subsection 43(1) respecting acclamation applies to those candidates, but additional nominations for the remaining vacancies in the office in respect of which there was an insufficient number of candidates may be filed in the office of the clerk on the Wednesday following nomination day between the hours of 9 o’clock in the forenoon and 5 o’clock in the afternoon and the provisions of subsection (5) of this section and subsection 42(1) apply with necessary modifications.
Certification by clerk
(7) Certification by the clerk in accordance with subsection (2) or (5) with respect to a nomination paper shall be conclusive evidence of the facts certified and shall not be open to challenge thereafter.
List of candidates
(8) The clerk shall establish and maintain in his or her office a list setting out the name, mailing address and qualifying address of every candidate whose nomination has been certified under this section for the respective offices for which persons may be nominated in the order of certification and copies of this list shall be prominently displayed in one or more locations.
Completion of list
(9) The list under subsection (8) shall be completed no later than 4 p.m. on the first day following nomination day that is not a Saturday or a holiday but, where the clerk has received additional nominations under subsection (6), a list showing the names of the additional candidates nominated shall be completed and posted by the clerk no later than 4 p.m. on the Thursday following nomination day. R.S.O. 1990, c.M.53, s.40.
Death of a Candidate
Election on death of candidate
41. (1) If as a result of a candidate nominated for election to an office dying before the close of the poll for the election,
(a) a person would be elected by acclamation to the office, the election to such office is void and a new election shall be held to fill the office; or
(b) no person would be elected by acclamation to the office, the name of the deceased candidate shall be omitted from the ballots or, if the ballots have already been printed, the clerk shall cause notice of the death of the candidate to be posted up in a conspicuous place in every polling place and the election shall be proceeded with as if the deceased candidate had not been nominated.
Death of candidate for head of council
(2) Despite subsection (1), if a candidate nominated for election to the office of the head of the council of a municipality dies before the close of the poll for the election and,
(a) prior to 5 o’clock on the afternoon of nomination day, additional nominations for the office may be filed in the office of the clerk on the Wednesday following nomination day between the hours of 9 o’clock in the forenoon and 5 o’clock in the afternoon and the provisions of subsection 40(5) apply with necessary modifications as though the additional nomination papers had been filed on nomination day; or
(b) after 5 o’clock on the afternoon of nomination day, the election to the office is void and a new election shall be held to fill the office. R.S.O. 1990, c.M.53, s.41.
Withdrawal of Nominations
Withdrawal
42. (1) A person nominated as a candidate in an election may withdraw his or her nomination by instrument in writing, verified by his or her affidavit, and delivered to the clerk before 5 p.m. on the first day following nomination day that is not a Saturday or a holiday.
Where nominated for more than one office
(2) A person who has been nominated for more than one office may withdraw from one or more offices by filing a written withdrawal with the clerk in his or her office before 5 p.m. on the first day following nomination day that is not a Saturday or a holiday and in default the person shall be deemed to be nominated for the office for which he or she was first nominated and to have withdrawn the nomination for any other office. R.S.O. 1990, c.M.53, s.42.
Acclamations
Acclamation
43. (1) If no more candidates are nominated at the end of nomination day for any office than the number to be elected, the clerk shall immediately after 5 p.m. on the first day following nomination day that is not a Saturday or a holiday declare the candidate or candidates duly elected.
Idem
(2) In the case where additional nominations have been filed under subsection 40(6) and the additional number of candidates nominated is not more than the remaining number of vacancies for which the additional candidates were nominated, the clerk shall forthwith after 5 o’clock in the afternoon of the Thursday following nomination day declare that candidate or those candidates duly elected.
Idem
(3) If more candidates are nominated for an office than the number to be elected but one or more candidates withdraws his or her nomination so that the number remaining is no more than the number required to be elected, the clerk shall promptly after 5 p.m. on the first day following nomination day that is not a Saturday or a holiday declare the remaining candidate or candidates to be duly elected. R.S.O. 1990, c. M.53, s. 43 (1-3).
Vacancy
(4) In the case of an election to offices other than the office of a member of a school board, if the number of candidates declared to be elected under subsection (1), (2) or (3) is less than the number to be elected to the office so that there is a vacancy, the vacancy shall be filled,
(a) by holding a new election under section 108, if the number of candidates declared to be elected is insufficient to form a quorum; or
(b) in accordance with section 45 of the Municipal Act, if the number of candidates declared to be elected is sufficient to form a quorum.
Same
(4.1) In the case of an election to the office of member of a school board, if the number of candidates declared to be elected under subsection (1), (2) or (3) is less than the number to be elected to the office so that there is a vacancy among the members representing an electoral group, the vacancy shall be filled,
(a) by holding a new election under section 108, if the number of candidates declared to be elected is insufficient to fill the majority of positions on the school board for the electoral group; or
(b) by holding a new election under section 108 or in accordance with section 43.1, if the number of candidates declared to be elected is sufficient to fill the majority of positions on the school board for the electoral group.
Electoral group
(4.2) In subsection (4.1), “electoral group” means an electoral group as defined in subsection 230 (1) of the Education Act. 1994, c. 27, s. 110 (2).
Where quorum not elected
(5) Where in any election the total number of members of the council of a municipality or of a local board, as the case may be, declared elected under this section and those elected as a result of the poll in the election is less than a quorum of the council or of the local board, the council or local board in office for the preceding year shall continue in office until a new election under subsection (4) or (4.1) is held and the number of members of the council or local board equals or exceeds the quorum. R.S.O. 1990, c. M.53, s. 43 (5); 1994, c. 27, s. 110 (3).
Quorum
(6) A quorum under subsections (4) and (5) means a quorum of all members of a body, including persons who are members by virtue of office. R.S.O. 1990, c. M.53, s. 43 (6).
Appointments to School Board Vacancies
Filling vacancies by appointment
43.1 (1) If a vacancy occurs in the circumstances described in clause 43 (4.1) (b), the members declared to be elected under subsection 43 (1), (2) or (3) to represent the electoral group may appoint a person to fill the vacancy at a meeting of the members representing the electoral group called for that purpose.
Qualifications of appointee
(2) A person appointed under subsection (1) must be qualified to be elected as a member of the school board representing the electoral group and must, prior to the appointment, have consented to accept the office if he or she is appointed.
Where vote required
(3) If more than one person is nominated to fill a vacancy, the secretary of the school board shall take a vote to determine which person shall fill the vacancy.
Right to vote
(4) No member other than a member declared to be elected to represent the electoral group within which the vacancy occurred shall vote in a vote held under subsection (3), (6) or (7).
Majority vote required
(5) If a vote is held under subsection (3), the person who receives the most votes shall fill the vacancy so long as the person receives more than half the votes.
If no majority vote obtained
(6) If the person who received the greatest number of votes does not receive more than half the votes, the secretary of the school board shall take another vote to fill the vacancy and exclude the person who received the fewest number of votes in the previous vote as a candidate in the subsequent vote.
Same
(7) Subsequent votes shall be held in accordance with subsection (6) until the candidate receiving the greatest number of votes has also received more than half of the votes.
If tie vote
(8) If a vote under this section results in an equal number of votes being given to all remaining persons nominated to fill the vacancy, the secretary of the school board shall,
(a) select one person by lot to be excluded from the subsequent vote, if there are three or more persons remaining as candidates to fill the vacancy; or
(b) select the person to fill the vacancy by lot, if only two persons remain as candidates to fill the vacancy.
Selection by lot
(9) For the purposes of subsection (8), the secretary shall select a person by lot by placing the names of the persons remaining as candidates to fill a vacancy on equal size pieces of paper, placing the pieces of paper in a box and choosing a person to draw one of the pieces of paper from the box. 1994, c. 27, s. 110 (4).
Notice of Poll
Poll required
44. (1) Where more candidates are nominated for election to an office than the number required to fill that office, the clerk shall hold a poll to elect the holder of that office.
Notice of poll
(2) Notice of the time and the date for the holding of the poll in an election, including the advance poll, and notice of the last day for making application to the clerk for a certificate to vote by proxy shall be given by the clerk forthwith after it has been determined that a poll is required by posting the notice in at least two conspicuous places in the municipality and, where there is a newspaper having general circulation in the municipality, by publishing the notice in the newspaper. R.S.O. 1990, c.M.53, s.44.
Voting by Ballot
Voting by ballot
45. If a poll is held in an election, the votes shall be given by ballot. R.S.O. 1990, c.M.53, s.45.
Use of Voting Devices
Use of voting devices
46. (1) The council of a municipality may, by by-law passed on or before the 1st day of April in an election year, authorize the use at elections of voting machines, voting recorders, optical scanning vote tabulators or other voting devices for the purposes of voting or counting votes and a copy of the by-law shall be forwarded by the clerk of the municipality to the Minister promptly after it is passed.
Repealing of by-law
(2) A by-law passed under subsection (1) or a predecessor thereof shall remain in force until repealed by the council of the municipality, but no such repealing by-law shall take effect for the purposes of the election next following its passage unless the repealing by-law is passed on or before the 1st day of April in the year in which the election is held.
Order of Minister
(3) Despite any other provision of this Act, if a municipality passes a by-law under subsection (1), the Minister may by order provide for those matters which, in the opinion of the Minister, are necessary to conduct the election by the use of the equipment described in the by-law, including,
(a) the form of the ballot;
(b) directions for the marking of a ballot by an elector;
(c) directions for the voting procedures to be used including the procedures for,
(i) the taking of the votes,
(ii) the examination of the ballots, by machine or otherwise, to determine which ballots or votes should be rejected,
(iii) the counting, by machine or otherwise, of the votes, and
(iv) the recounting, by machine or otherwise, of the votes.
Conflicts
(4) An order under subsection (3) may establish different procedures and mechanisms for carrying out the elections than are established under this Act and, in the event of a conflict between the order and this Act, the order shall prevail. R.S.O. 1990, c.M.53, s.46.
Application to court
47. (1) If, in any election, an elector has reasonable grounds for believing that the validity of the election is in doubt because of problems related to the use of equipment described in an order under subsection 46(3), the elector may make an application to a judge of the Ontario Court (Provincial Division) for a determination as to whether a recount should be held.
Procedures
(2) Subsections 93(2) to (8) apply with necessary modifications to an application under subsection (1).
Contents of order
(3) An order of a judge requiring a recount to be held shall provide that the recount be conducted by equipment in accordance with an order under subsection 46(3) or manually in accordance with this Act.
Idem
(4) Despite subsection (3), the judge may require that the recount be conducted in such manner and on such terms as specified in the order and these requirements may differ from the method of conducting a recount established in an order under subsection 46(3) or established under this Act.
Restriction
(5) Except as provided in this section, no proceedings may be commenced to request a recount due to problems related to the use of equipment described in an order under subsection 46(3). R.S.O. 1990, c.M.53, s.47.
Preparation and Form of Ballot
Ballots
48. (1) A clerk who is required to hold a poll under section 44 shall prepare and cause to be printed a sufficient number of ballots in the prescribed form for use in the election.
Special ballots
(2) The council of a municipality may by by-law, passed before nomination day, require the clerk under subsection (1) to prepare and cause to be printed a sufficient number of ballots in the prescribed form for use by visually impaired electors in the election.
Nomination of candidate must be certified
(3) The name of a person shall not be included in a ballot as a candidate for office unless his or her nomination as a candidate for such office has been certified by the clerk under section 40.
Order of names
(4) Subject to subsection (6), the names of the candidates shall be shown on a ballot in order of their surnames alphabetically arranged and, if the candidates have identical surnames, in order of their given names alphabetically arranged, with given names preceding the surnames, and with the surnames in bold type.
Where addresses to be shown
(5) Where there are two or more candidates for election to an office whose given and surnames are identical or so nearly identical as to create the possibility of confusion, the address, being the qualifying address within the municipality, of all candidates for election to such office shall be shown on the face of the ballot for such office immediately under their names and in sufficient detail as to identify each candidate.
Nicknames and titles
(6) Except as provided in subsection (5), no identification such as a title, honour, decoration or degree shall be included with any candidate’s name on a ballot to be used in an election, but a name commonly called a nickname or any other name by which a candidate is commonly known may be used on the ballot as the name or part of the name of the candidate.
Space for indicating vote
(7) There shall appear on the ballot to the right of each candidate’s name a circle or a circular space suitable for the marking of the ballot.
Ballots for same office to be alike
(8) All ballots for election to the same office shall be of the same description and as nearly alike as possible, and the names, and the addresses if given, of the candidates, the circle or circular space, the instructions referred to in subsection (9) and any lines on the ballot shall be in one colour and the remainder of the face of the ballot shall be another colour, but different colours may be used for ballots to be used for election to different offices.
Number of candidates and name of office
(9) A ballot shall contain instructions as to the number of candidates for which an elector may vote and the name of the office for which the election is being held.
Information on ballot in regional municipalities
(10) In a regional municipality, a ballot shall contain information showing the name of the office for which the election is being held and the name of any office on any other council which will be held as a result of the election to such office.
Ballots re questions
(11) The ballot papers for voting to obtain the assent or the opinion of electors on any by-law or question shall be in the prescribed form. R.S.O. 1990, c.M.53, s.48.
Wards in municipality
49. (1) For an election in a municipality in which the members of council are elected by wards, there shall be prepared one set of ballots for all the polling subdivisions containing the names of the candidates for the office of mayor, another set for all the polling subdivisions containing the names of the candidates for the office of reeve, or reeve and deputy reeve, and another set for each ward containing the names of the candidates for the office of alderman or councillor for the ward.
General vote in city or town
(2) For an election in a city or town in which the members of council are elected by general vote, there shall be prepared for all the polling subdivisions one set of ballots containing the names of the candidates for the offices of mayor, or mayor and reeve, or mayor, reeve and deputy reeve, and another set containing the names of the candidates for the office of alderman or councillor.
Borough in Metropolitan Toronto
(3) For an election in a township that constitutes a borough within The Municipality of Metropolitan Toronto, one set of ballots shall be prepared for all the polling subdivisions containing the names of the candidates for the office of mayor and another set of ballots for each ward containing the names of the candidates for the office of alderman or councillor.
Village or township
(4) For an election in a village or township there shall be prepared one set of ballots containing the names of the candidates for the office of reeve or of reeve and deputy reeve, and for the office of councillor.
By-law providing for separate sets
(5) The council of a town may by by-law provide that the ballots for an election to the offices of mayor, reeve and deputy reeve shall be prepared in separate sets and the council of a village or township may by by-law provide that the ballots for an election to the offices of reeve, deputy reeve and councillor shall be in separate sets.
When to be passed
(6) A by-law for the purposes mentioned in subsection (5) shall be passed not later in the election year than the 1st day of October and remains in force until repealed and while in force the prescribed ballots shall be prepared accordingly. R.S.O. 1990, c.M.53, s.49(1-6).
Separate sets for controller, local board, by-laws, etc.
(7) There shall also be separate sets of ballots,
(a) containing the names of the candidates for the office of,
(i) controller,
(ii) trustee, commissioner or other member of a local board,
(iii) trustee of a police village,
(iv) member of the council of a regional municipality,
(v) member of the council of both an area municipality and a regional municipality,
(vi) chair of the council of The Regional Municipality of Hamilton-Wentworth, or
(vii) chair of the council of The Regional Municipality of Ottawa-Carleton;
(b) for obtaining the assent of the electors on any by-law or the opinion of the electors on any question required or authorized to be submitted to them at an election. R.S.O. 1990, c.M.53, s.49(7); 1991, c.3, s.3(2).
More than one by-law, etc.
(8) Where more than one by-law or question is to be submitted to the electors at one election, all of such by-laws or questions may be placed on one ballot paper. R.S.O. 1990, c.M.53, s.49(8).
Composite ballots
50. (1) In place of using separate ballots under this Act, the council of a municipality may, by by-law passed prior to the 1st day of October in an election year, authorize the use at a municipal election of composite ballots in such form, subject to subsections 48(1) to (9), as the by-law prescribes.
Contents
(2) A composite ballot may contain,
(a) the names of candidates for the offices of member of council, member of a school board, member of a public utility commission or member of any other board, commission or body the members of which are required to be elected by the electors of the municipality or for any one or more of such offices; and
(b) any by-law or question authorized or required by law to be submitted to the electors for their assent or opinion.
Not to be given to elector not entitled to vote for office on ballot
(3) No elector shall be given a composite ballot containing the names of candidates for an office or containing a question or by-law for which the elector is not entitled to vote.
By-law in force until repealed
(4) A by-law passed under this section remains in force from year to year until repealed. R.S.O. 1990, c.M.53, s.50.
Polling Places
Polling place
51. (1) Subject to section 52, the clerk shall provide for each election at least one polling place for each polling subdivision in a place that is most central or most convenient for the electors, allows easy access to persons who have a physical disability or a mobility impairment and is furnished with light and heat and such other accommodation and furniture as may be required, but the polling place may be provided outside the limits of the polling subdivision.
Additional polling places
(2) If, in the opinion of the clerk, it is necessary to ensure that the maximum number of electors have access to conveniently located polling places, the clerk may request, not less than fourteen days before polling day, that premises be made available as a polling place that are under the control of,
(a) a landlord of a building containing 100 or more dwelling units;
(b) a municipality, including a regional municipality;
(c) a school board; or
(d) a provincially funded institution.
Compliance
(3) A landlord, municipality, school board or institution receiving a request under subsection (2) shall provide a space, other than a space actually being used as a dwelling, acceptable to the clerk for use as a polling place.
Space provided without charge
(4) A municipality, school board or institution receiving a request under subsection (2) shall make its premises available as a polling place free of charge.
Location
(5) Every polling place for an election in a municipality shall be situate in the municipality, except that where a polling subdivision in a township adjoins an urban municipality, the polling place for the polling subdivision may be within the limits of the urban municipality.
Compartments
(6) Every polling place shall be furnished with compartments in which electors may mark their ballots without other persons being able to see how they are marked and it is the duty of the clerk and the deputy returning officer respectively to ensure that a sufficient number of compartments is provided at each polling place.
United subdivisions
(7) The clerk may unite two or more adjoining polling subdivisions and provide one polling place for the united subdivisions.
Additional places
(8) The clerk may provide such additional polling places in any polling subdivisions as are required having regard to the extent of the subdivision, the remoteness of any number of its electors from the polling place and number of electors that may conveniently vote at one polling place.
Designation of places
(9) Where there are two or more polling places in a polling subdivision, each polling place shall be designated by the numbers of the lots and concessions or the numbers and names of the streets at which the electors reside or that designate the properties in respect of which the electors are qualified to vote therein, or by the initial letters of the surnames of the electors who are qualified to vote therein, that is to say, A to M and N to Z, or as the case may be, and an elector is entitled to vote at the appropriate polling place designated accordingly.
Notice of date and time of polling and of location of polling place
(10) In municipalities having more than 5,000 electors, the clerk shall advise each elector of the date and time of polling including advance polls and the location of the polling place in which the elector is to vote,
(a) in the case of a resident elector, by mailing or causing to be delivered to the elector a notice of the date and time of polling and of the location of such polling place; and
(b) in the case of a non-resident elector, by mailing to the elector a notice of the date and time of polling and of the location of such polling place.
Idem
(11) Despite clause (10)(a), the council of a municipality having more than 5,000 electors may, by by-law passed not later than the 1st day of September in an election year, provide that the clerk shall advise each resident elector of the date and time of polling, including advance polls, and of the location of the polling place at which that elector is to vote by mailing or causing to be delivered to the address of the elector a notice of the date and time of polling and of the location of such polling place, which notice shall be directed to all the electors at that address.
Idem
(12) In municipalities having not more than 5,000 electors, the clerk shall post a notice in two conspicuous places within the municipality and, where there is a newspaper having general circulation in the municipality, publish a notice once in the newspaper, advising the date and time of polling, including advance polls, and the location of the polling places.
Repeal of by-law
(13) A by-law passed under subsection (11) shall remain in effect until repealed but shall not be repealed in an election year later than the 1st day of September.
Where postal service disrupted
(14) Where, by reason of a disruption in mail delivery service, it is not possible to comply with subsection (10) or (11), the clerk shall publish a notice at least once in a newspaper having general circulation in the municipality advising the date and time of polling, including advance polls, and the location of the polling place in which each elector is to vote, or the clerk shall take such other steps that he or she considers necessary to provide the information to the electors. R.S.O. 1990, c.M.53, s.51.
Special polling places
52. (1) A polling place shall be provided in or upon the premises of an institution located in a municipality that is,
(a) an institution for the reception, treatment or vocational training of persons who have served or are serving in the Canadian Forces;
(b) an institution which has twenty or more beds occupied by persons who are disabled;
(c) an institution, including a hospital, a psychiatric facility, a home for the aged and a nursing home, which has twenty or more beds occupied by persons who are chronically ill or infirm; or
(d) a retirement home which has fifty or more beds occupied.
Interpretation
(2) In subsection (1), a bed shall be deemed to be occupied if it is occupied on nomination day.
Attendance upon patients to take vote
(3) Where a patient of the hospital or other institution is bed-ridden or is unable to walk, it is lawful for the deputy returning officer and poll clerk with the candidates or their scrutineers to attend upon the person for the purpose of receiving his or her ballot, but no candidate or scrutineer shall be present where the ballot of any such voter is marked under section 69. R.S.O. 1990, c.M.53, s.52.
Supplies and Equipment for Polling Places
Supplies for polling place
53. (1) The clerk shall, before polling day, cause to be delivered to every deputy returning officer in the clerk’s municipality,
(a) a ballot box for his or her polling place;
(b) a sufficient number of ballots to supply the electors on the polling list of his or her polling place;
(c) a sufficient number of the prescribed directions for the guidance of electors for the purposes of the polling place;
(d) two copies of the polling list for the polling place;
(e) all materials necessary for electors to mark their ballots; and
(f) such other materials as are prescribed.
Ballot box
(2) A ballot box shall be made of durable material and constructed so that the ballots can be deposited therein and cannot be withdrawn without the box being unsealed or being unsealed and unlocked, as the case may be.
Clerk to certify number of ballots
(3) When delivering the ballots for a polling place to a deputy returning officer, the clerk shall certify the number of ballots so delivered and upon receiving them the deputy returning officer shall make a count of the ballots and forward the prescribed receipt therefor to the clerk, and shall keep the certificate for return to the clerk with the other documents required to be returned to the clerk under section 84.
Directions to be placarded
(4) Every deputy returning officer before opening the poll or immediately after he or she has received the printed directions from the clerk, if they were not received before opening the poll, shall cause them to be placarded outside the polling place and in every compartment of the polling place, and shall see that they remain so placarded until the close of the polling. R.S.O. 1990, c.M.53, s.53.
Where and How Often Electors May Vote
Number of votes that may be given by an elector
54. (1) An elector whose name appears on the polling list for a polling subdivision or who presents a certificate to vote there under section 36, 55 or 61 is entitled to vote in an election in that subdivision in accordance with the following rules:
1. The elector is entitled to vote once only for one candidate for mayor, reeve or deputy reeve.
2. The elector is entitled to vote for as many candidates for controller as there are controllers to be elected but once only for each candidate.
3. In The Regional Municipality of Hamilton-Wentworth, the elector is entitled to vote once only for one candidate for chair of the Regional Council.
3.1 In The Regional Municipality of Ottawa-Carleton, the elector is entitled to vote once only for one candidate for chair of the Regional Council.
4. Where the election of aldermen, councillors, trustees or members of local boards is by general vote, the elector is entitled to vote for as many candidates for such offices as there are candidates to be elected but once only for each candidate.
5. Where the aldermen, councillors, trustees or members of local boards are elected by wards, the elector is entitled to vote,
i. if resident in the municipality, in the polling subdivision in which he or she resides, or
ii. if not resident in the municipality, in the polling subdivision in which his or her name appears on the polling list,
for as many candidates for such offices as there are candidates to be elected for the ward but once only for each candidate.
6. Where the election is to the office of member of a school board to be elected by public school electors in a municipality or a part thereof, or in a combination of municipalities, in which the polling subdivision is located, a public school elector is entitled to as many votes as there are members to be elected by the public school electors in such municipality or part, or combination of municipalities, as the case may be, but may not give more than one vote to any one candidate.
7. Where the election is to the office of member of a school board to be elected by separate school electors in a municipality or in a part thereof, or in a combination of municipalities, in which the polling subdivision is located, a separate school elector is entitled to as many votes as there are members to be elected by the separate school electors in such municipality or part, or combination of municipalities, as the case may be, but may not give more than one vote to any one candidate.
8. Where the election is to the French-language section, or the English-language section, of a board under Part XIII of the Education Act, an elector is entitled to as many votes as there are members of the French-language section or the English-language section, as the case may be, of the board but may not give more than one vote to any one candidate.
9. Where the election is to the office of member of the Roman Catholic or public sector of The Ottawa-Carleton French-language School Board under the Ottawa-Carleton French-Language School Board Act, to be elected by electors entitled to elect members of that sector in a municipality or in a part thereof, or in a combination of municipalities in The Regional Municipality of Ottawa-Carleton, a public sector or Roman Catholic sector elector is entitled to as many votes as there are members of that sector to be elected by such electors in such municipality or part, or combination of municipalities, as the case may be, but may not give more than one vote to any one candidate.
10. An elector who is entitled to vote in respect of any by-law or question authorized or required by law to be submitted for the assent or opinion of the electors is entitled to vote once only with respect to that by-law or question. R.S.O. 1990, c.M.53, s.54(1); 1991, c.3, s.3(3).
Restriction
(2) Despite subsection (1), an elector whose name appears on the polling list for more than one polling subdivision in a regional municipality or in a school board jurisdiction shall not vote in more than one of the polling subdivisions in an election for the office of a member of a regional council or of a school board, respectively.
Employees to have three consecutive hours for voting
(3) Where, by reason of the hours of his or her employment, an employee who is a qualified elector will not have three consecutive hours to vote while the polls are open on a polling day at an election, his or her employer shall, at the convenience of the employer, allow the employee such time for voting as is necessary to provide the three consecutive hours.
Deduction from pay prohibited
(4) No employer shall make any deduction from the pay of any such employee or exact from the employee any penalty by reason of absence from work during the time allowed by the employer for voting.
Determination of status
(5) For the purposes of this section, the determination as to whether an elector is a public school elector, a separate school elector, an English language public school elector, an English language separate school elector, a French language public school elector or a French language separate school elector shall be in accordance with the electoral status indicated on the list certified under section 34. R.S.O. 1990, c.M.53, s.54(2-5).
Voting of D.R.O., poll clerk, etc., where employed
55. (1) Subject to subsection (2), at the request of a person whose name is entered on the polling list for a polling place in a municipality who has been appointed a deputy returning officer, poll clerk, election assistant or constable at another polling place, the clerk of the municipality shall give the person a certificate in the prescribed form that he or she is entitled to vote at the polling place at which the person is stationed during the polling day.
Where municipality divided into wards
(2) No certificate shall be issued under this section entitling an elector in a municipality that is divided into wards to vote at a polling subdivision in a ward different from the ward in which the polling place at which the elector is otherwise entitled to vote is situate.
When certificate may be given
(3) The clerk shall not give a certificate under this section until he or she has ascertained by reference to the polling list or to a certificate under section 36 that the applicant is entitled to vote, and the person to whom the certificate has been given is not thereafter entitled to vote at the polling place at which, by the polling list or certificate under section 36, he or she had been entitled to vote.
Certificate
(4) The certificate shall designate the polling place at which the person is to be permitted to vote. R.S.O. 1990, c.M.53, s.55.
Certificate entitles person to vote
56. (1) A person who produces a certificate given to him or her under section 55 is entitled to vote at the polling place designated therein, but the certificate does not entitle the person to vote there unless he or she has been actually engaged there as a deputy returning officer, poll clerk, election assistant or constable during polling day.
Entry on polling list
(2) The deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of the person voting under the authority of a certificate issued under section 55.
Certificate, to be given to D.R.O.
(3) A person voting under the authority of a certificate shall deliver it to the deputy returning officer before receiving a ballot.
to be kept in envelope
(4) The deputy returning officer shall enclose all certificates to which this section applies in one envelope. R.S.O. 1990, c.M.53, s.56.
Procedure at Poll
Hours poll to be open
57. (1) Every polling place shall be open for the purpose of taking the poll at every election from 10 o’clock in the forenoon until 8 o’clock in the afternoon of polling day.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57 (1) is repealed and the following substituted:
Hours poll to be open
(1) Every polling place shall be open for the purpose of taking the poll at every election from 8 o’clock in the forenoon until 8 o’clock in the afternoon of polling day.
See: 1994, c. 34, ss. 1, 2.
Closing of polling place
(2) Despite subsection (1), the returning officer may close a polling place located in an institution or upon the premises of an institution described in subsection 52(1) any time after 1 p.m. if the polling place is only for the use of residents and patients of the institution and all of the electors on the polling list for that polling place have voted or have indicated in response to the inquiry of the deputy returning officer that they do not intend to vote. R.S.O. 1990, c.M.53, s.57.
When D.R.O. to attend poll
58. (1) A deputy returning officer shall attend at the polling place for which he or she was appointed at least fifteen minutes before the hour fixed for opening the poll.
Inspection of ballots before opening of poll
(2) During the period of fifteen minutes before the opening of the poll, the scrutineers who are entitled to be present in a polling place during polling hours are entitled to inspect the ballots and all other papers, forms and documents relating to the poll if the inspection does not impede the opening of the poll on time. R.S.O. 1990, c.M.53, s.58.
Inspection, sealing of ballot box
59. A deputy returning officer shall,
(a) immediately before opening the poll at his or her polling place, show the ballot box to the persons present in the polling place so that they may see it is empty;
(b) seal the box or seal and lock the box in such a manner as to prevent it from being opened without breaking the seal;
(c) keep the box on a desk, counter or table or otherwise so that it is raised above the floor in full view of all present; and
(d) keep the box sealed or sealed and locked until the box is required to be opened to count the votes under section 77. R.S.O. 1990, c.M.53, s.59.
Duties of D.R.O. on tender of vote
60. (1) Where a person enters the polling place and requests a ballot paper, the deputy returning officer shall proceed as follows:
1. He or she shall ascertain that the name of that person or a name apparently intended for it is entered on the polling list for the polling subdivision or that the person is entitled to vote under a certificate issued by the clerk pursuant to section 36 or 55 and the poll clerk shall, on a separate polling list, delete the name of that person on the polling list.
2. The poll clerk shall indicate on the polling list maintained by the poll clerk opposite the person’s name the numerical order in which the person was given a ballot paper.
3. If voting by that person is objected to by any candidate or scrutineer, the deputy returning officer shall enter the objection or cause it to be entered on the polling list maintained by the poll clerk by noting, opposite the person’s name, the fact that an objection was made and the name of the candidate on whose behalf it was made. The deputy returning officer shall require the person in respect of whom the objection was made to take the prescribed oath.
4. If the deputy returning officer is not satisfied that that person is the person designated in the polling list or in a certificate mentioned in paragraph 1 and is otherwise entitled to vote, although no candidate or scrutineer has objected, he or she may require the person to take the prescribed oath.
5. If such person having been required to take the oath refuses to do so, the deputy returning officer shall note or cause to be noted, opposite the person’s name on the polling list maintained by the poll clerk, the fact that the person refused to be sworn or to affirm, as the case may be, and a ballot paper shall not be delivered to that person.
6. If such person takes the oath, the deputy returning officer shall note or cause to be noted, opposite that person’s name on the polling list maintained by the poll clerk, the fact that the person was sworn or affirmed, as the case may be. The deputy returning officer shall put his or her initials on the back of the ballot paper, so placed that when the ballot is folded they can be seen without opening it, and shall deliver the ballot paper to that person.
7. If the deputy returning officer is satisfied that such person is the person designated in the polling list or in a certificate mentioned in paragraph 1 and is otherwise entitled to vote and if no candidate or scrutineer objects to voting by that person, the deputy returning officer shall initial the back of a ballot paper so that when the ballot is folded the initials can be seen without opening it and shall deliver the ballot paper to that person.
8. The deputy returning officer may, and upon request shall, either personally or through the poll clerk, explain to the elector as concisely as possible the mode of voting.
Elector in polling place at closing
(2) Every elector qualified to vote at a polling place who is inside the polling place at the time fixed for closing the poll is entitled to vote. R.S.O. 1990, c.M.53, s.60.
Entry of name on polling list by D.R.O.
61. (1) If a person representing himself or herself to be an elector applies to a deputy returning officer at a polling place for a ballot and the person’s name does not appear on the polling list or in a certificate issued under section 36 or 55 as entitled to vote at the polling place, the person is entitled to have his or her name entered on such polling list and to receive a ballot and to vote if he or she takes a declaration in the prescribed form and otherwise establishes his or her identity to the satisfaction of the deputy returning officer.
Idem
(2) The deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of the elector. R.S.O. 1990, c.M.53, s.61.
Where it appears person voted in place of elector, etc.
62. Where an elector entitled to vote at a polling place applies for a ballot paper and it appears that another person has voted as that elector or that an entry has been made in the polling list in error that such elector has polled his or her vote, if the elector takes an oath in the prescribed form and otherwise establishes his or her identity to the satisfaction of the deputy returning officer, he or she is entitled to receive a ballot paper and the deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of that elector. R.S.O. 1990, c.M.53, s.62.
Identification
63. For the purpose of establishing the identity of a person under section 61 or 62, the deputy returning officer may require the person to provide personal identification. R.S.O. 1990, c.M.53, s.63.
Inquiry
64. No inquiry shall be made of an elector who is required to take the oath under section 60 or 62 except with respect to the matters required to be stated in the oath or to ascertain if he or she is the person intended to be designated on the polling list. R.S.O. 1990, c.M.53, s.64.
Procedure on receipt of ballot
65. Upon delivery to him or her of a ballot paper by a deputy returning officer, the person receiving it shall,
(a) forthwith proceed into the compartment provided for the purpose and shall then and there mark the ballot paper with a cross or other mark with a pen or pencil within the circle or circular space to the right of the name of a candidate for whom he or she intends to vote;
(b) then fold the ballot paper so as to conceal the names of the candidates and the marks upon the face of it and so as to expose the initials of the deputy returning officer;
(c) then leave the compartment without delay, and without showing the face of the ballot paper to anyone, or so displaying it as to make known how he or she has marked it; and
(d) then deliver the ballot paper so folded to the deputy returning officer. R.S.O. 1990, c.M.53, s.65.
Duty of D.R.O. on receipt of ballot
66. (1) Upon delivery of a ballot paper to him or her by an elector, the deputy returning officer, without unfolding the ballot paper, or in any way disclosing the names of the candidates or the marks made by the elector, shall verify his or her own initials, and at once deposit the ballot paper in the ballot box in the presence of all persons entitled to be present and then present in the polling place, and the elector shall forthwith leave the polling place.
Person deemed to have voted
(2) A person whose ballot has been placed in the ballot box by the deputy returning officer shall be deemed to have voted. R.S.O. 1990, c.M.53, s.66.
Person not to take ballot from polling place
67. (1) A person who has received a ballot from a deputy returning officer shall not take it out of the polling place, and a person who receives a ballot and leaves the polling place without returning it to the deputy returning officer, or returns the ballot declining to vote, forfeits the right to vote, and the deputy returning officer shall make an entry on the polling list maintained by the poll clerk “Forfeited Vote” opposite the person’s name, and in the case where a person returns the ballot declining to vote, the deputy returning officer shall immediately write the word “Declined” upon the ballot and preserve it to be returned to the clerk.
Ballot accidentally spoiled
(2) An elector who has inadvertently dealt with his or her ballot in such a manner that it cannot be conveniently used, upon returning it to the deputy returning officer, is entitled to obtain another ballot, and the deputy returning officer shall immediately write the word “Cancelled” upon the first-mentioned ballot and preserve it to be returned to the clerk. R.S.O. 1990, c.M.53, s.67.
No other person in compartment while elector marking ballot
68. Subject to section 69, while an elector is in a compartment for the purpose of marking the ballot paper, no other person shall be allowed to enter the compartment or to be in a position from which he or she can see how the elector marks the ballot paper. R.S.O. 1990, c.M.53, s.68.
Elector illiterate, blind or handicapped
69. (1) On the application of any elector who is illiterate or is blind or is handicapped by other physical cause from voting in accordance with the other provisions of this Act, the deputy returning officer shall require the elector making the application to take an oath of inability to vote without assistance, and shall thereafter assist the elector by marking his or her ballot in the manner directed by the elector in the presence of the poll clerk and of no other person and place the ballot in the ballot box.
Handicapped elector’s ballot marked by friend
(2) The deputy returning officer shall either deal with an elector mentioned in subsection (1) in the manner provided therein or, at the request of any such elector who has taken the prescribed oath and is accompanied by a friend, shall permit the friend to accompany the elector into the voting compartment and mark the elector’s ballot for him or her.
Oath of friend
(3) Any friend who is permitted to mark the ballot of an elector under subsection (2) shall first be required to take the prescribed oath that he or she will keep secret the manner in which the elector voted.
May act as friend only once
(4) No person shall be allowed to act as the friend of more than one elector at any polling place other than a polling place established under section 52. R.S.O. 1990, c.M.53, s.69.
Elector who cannot understand English
70. Where the deputy returning officer does not understand the language of the elector, an interpreter provided by the elector may be sworn in the prescribed form to translate the necessary oaths as well as any lawful questions necessarily put to the elector and his or her answers, but in the event of inability to secure an interpreter, the elector shall be refused a ballot. R.S.O. 1990, c.M.53, s.70.
Who may remain in polling place
71. (1) The returning officer, the assistant returning officer, the deputy returning officer, the poll clerk, the election assistant, the constable or constables, any candidate or, in his or her absence, the candidate’s scrutineer, any scrutineer appointed by the council in relation to any by-law or question, and no others, shall be permitted to remain in the polling place during the time the poll is open or to be in the polling place at the counting of the votes.
No campaign literature in polling place
(2) No campaign material or literature of any nature whatsoever of any candidate in the election shall be displayed within the polling place. R.S.O. 1990, c.M.53, s.71.
Advance Polls
Advance poll
72. (1) The clerk shall hold an advance poll in accordance with this section on the Saturday nine days before polling day and on the Wednesday immediately before polling day for the purpose of receiving votes of electors who expect to be unable to vote on polling day in the polling subdivision for which their names appear on the polling lists or who are entitled to vote either under a certificate issued by the clerk under section 36 or who become entitled to vote under section 61.
Additional advance poll
(2) The council of a municipality may by by-law passed before nomination day provide for the holding by the clerk of additional advance polls for the same purpose as provided in subsection (1).
When poll to be open
(3) The advance poll shall be open from 10 o’clock in the forenoon until 8 o’clock in the afternoon on each day it is held and polling shall be held so far as possible in the same manner as polling at a regular election.
Polling places
(4) The clerk shall provide as many polling places for an advance poll as he or she considers necessary, shall select locations that allow easy access to persons who have a physical disability or a mobility impairment and shall appoint a deputy returning officer and poll clerk for each polling place.
List of persons voting
(5) Immediately after the close of the advance poll, the deputy returning officer shall deliver to the clerk a list of the names of all persons who have voted showing in each case the number of the polling subdivisions in which the elector is entered on the polling list and the clerk shall, at the request of any candidate, give him or her a copy of the list of names of all persons who have voted at the advance poll.
Duties of clerk on receiving list
(6) Upon receiving the list mentioned in subsection (5), the clerk shall,
(a) make an entry in the polling list to be supplied to each deputy returning officer on polling day opposite the name of each elector whose name appears on such list and whose vote has been received at an advance poll, showing that such elector has voted; or
(b) make a certificate in the prescribed form for each polling subdivision, showing the name and address of each elector listed on the polling list for such polling subdivision who has voted at an advance poll, and shall furnish such certificate before the opening of the poll on polling day to the deputy returning officer of the polling subdivision, and the deputy returning officer shall before opening the poll make an entry in the polling list supplied to him or her, opposite the name of each elector whose name appears on the certificate, showing that such elector has voted.
Sealing of box
(7) Forthwith after the close of the advance poll on each day it is held, the deputy returning officer and any candidate or scrutineer present who desires to do so shall affix his or her seal to the ballot box in such a manner that it cannot be opened or any ballots be deposited in it without breaking the seals and the deputy returning officer shall forthwith deliver it, along with all other election documents used at the poll, personally to the clerk for safekeeping.
Opening of ballot boxes for advance poll
(8) On the regular polling day for an election, after the close of polling, the deputy returning officer shall, in the presence of the poll clerk and such candidates for office at the election or their scrutineers as are present at the hour fixed for the closing of the poll, open the ballot boxes for the advance poll, count the votes and perform all other duties required of deputy returning officers by this Act. R.S.O. 1990, c.M.53, s.72.
Proxy Voting
Who may vote by proxy
73. (1) Any person whose name is entered on the polling list for a polling subdivision or who has obtained a certificate under section 36 may vote by proxy in the polling subdivision.
Who may be proxy
(2) Any person who is entitled to vote by proxy under subsection (1) may appoint in writing in the prescribed form as his or her voting proxy any other person who is eligible as an elector in the municipality.
Limitation
(3) A voting proxy may act as a voting proxy only for,
(a) one person who is not a relative; or
(b) one or more persons who are relatives.
Definition
(4) In subsection (3), “relative” means the parent, grandparent, child, grandchild, brother, sister or spouse of the voting proxy.
Term of appointment
(5) An appointment of a person as a voting proxy is not valid unless it is made after nomination day and the appointment does not remain in force after polling day.
Application for proxy certificate
(6) A person who has been appointed a voting proxy shall complete an application in the prescribed form, including a statutory declaration that the person is the person appointed as a voting proxy, and shall appear before the clerk in person for this purpose at the clerk’s office,
(a) during normal office hours; or
(b) during the period from 12 noon to 5 p.m. on the Saturday of the advance poll held under section 72.
Certificate of proxy
(7) Where an application is completed under subsection (6) and the clerk is satisfied that the person who appointed the voting proxy is qualified to appoint a voting proxy under this Act and the voting proxy is qualified to be a voting proxy under this Act, the clerk shall give a certificate in the prescribed form across the face of the appointment of the voting proxy to that effect.
Not more than one proxy
(8) Not more than one voting proxy may be appointed on behalf of any person at any election.
Oath on voting
(9) A ballot shall not be delivered to a person who claims to vote as a voting proxy unless the person produces his or her appointment as a voting proxy to the deputy returning officer with the certificate of the clerk thereon as provided in subsection (7) and takes the prescribed oath.
Record of voting proxy
(10) Where a voting proxy has voted, the deputy returning officer shall file the appointment of the voting proxy and the certificate of his or her appointment given by the clerk with the election papers and return them to the clerk in the envelope provided for that purpose.
Proxy may vote in own right
(11) A person who has been appointed as a voting proxy is entitled to vote in his or her own right in the municipality although the person has voted as a voting proxy. R.S.O. 1990, c.M.53, s.73.
Keeping of Peace: Emergency Situations
Assistance of constables
74. A clerk or a deputy returning officer may require the assistance of constables and other persons to aid in maintaining peace and order at the election and may swear in as many of those persons as he or she considers necessary. R.S.O. 1990, c.M.53, s.74.
Declaration of emergency by clerk
75. (1) If any circumstances arise in the municipality, that, in the opinion of the clerk are of such a nature as to prevent or delay the opening of any polling place or cause the discontinuance of polling at any polling place, the clerk may declare an emergency situation to be in effect and such emergency situation shall continue until the clerk otherwise declares.
Arrangements by clerk
(2) Where an emergency situation is declared under subsection (1), the clerk shall make such arrangements as he or she considers advisable for the conduct of the poll, the safekeeping of the ballot boxes and all election documents and the counting of the votes.
Not open to question
(3) The arrangements made by the clerk under subsection (2), in good faith, shall not be open to question, or be quashed, set aside or declared invalid on account of their unreasonableness or supposed unreasonableness. R.S.O. 1990, c.M.53, s.75.
Counting the Votes
Duties of D.R.O. after close of poll
76. Immediately after the close of the poll, the deputy returning officer at each polling place shall,
(a) place all the cancelled, declined and unused ballots in separate sealed envelopes;
(b) count the number of electors whose names appear on the polling list maintained by the poll clerk to have voted, make an entry at the end of the list showing the number of electors who voted at the election in the polling place and sign the entry. R.S.O. 1990, c.M.53, s.76.
Counting of votes
77. (1) After compliance with section 76, the deputy returning officer shall, in the presence and in full view of the persons entitled to be present, open the ballot box for the polling place and proceed to count the numbers of votes for each candidate, giving full opportunity to those present to examine each ballot.
Rejection of ballots
(2) In counting the votes, the deputy returning officer shall reject all ballots,
(a) that have not been supplied by the deputy returing officer;
(b) that contain the names of candidates for one office only and in which votes have been cast for more candidates than are to be elected to the office;
(c) that are separate ballots submitting a by-law for the assent or a question for the opinion of the electors, and votes are cast for both the affirmative and the negative on the by-law or question; or
(d) upon which there is any writing or mark by which the elector may be identified, or that has been so torn, defaced or otherwise dealt with by the elector that he or she may thereby be identified,
but no word, letter or mark written or made or omitted to be written or made by the deputy returning officer on a ballot voids it or warrants its rejection.
Idem
(3) In counting the votes, the deputy returning officer shall reject any vote that is not marked within the circle or circular space to the right of the name of a candidate.
Idem
(4) Where a ballot contains the names of candidates for more than one office and votes are cast on such ballot for more candidates for any office than are to be elected to such office, such votes are void and shall be rejected, but unless such ballot is rejected under subsection (2), the votes for any other office in respect of which the elector has not voted for more candidates than are to be elected shall be counted.
Composite ballots
(5) Where in a composite ballot,
(a) votes are cast for more candidates for any office than are to be elected to such office; or
(b) votes are cast for both the affirmative and negative on any by-law or question,
the votes for such candidates or with regard to the by-law or question, as the case may be, are void and shall be rejected but, unless such ballot is rejected under subsection (2), the votes for any other offices, by-law or question in respect of which votes are correctly indicated shall be counted.
Where part of votes rejected
(6) If part of the votes cast in any ballot are rejected under this section, the deputy returning officer shall note that fact on the back of the ballot and initial the note and if all the votes on the ballot are rejected under this section, the ballot shall be treated as a rejected ballot.
Recount
(7) This section, except subsection (1), applies with necessary modifications to the counting of votes in a recount under this Act. R.S.O. 1990, c.M.53, s.77.
Objection by candidate, etc.
78. (1) A candidate or a scrutineer at a polling place may object to a ballot or to the counting of votes in any ballot in whole or in part on the ground that the ballot or such votes should be rejected under section 77 and the deputy returning officer at the polling place shall decide the objection, subject to review on a recount or in a proceeding questioning the validity of the election.
Objections to be listed
(2) The deputy returning officer shall list all objections under subsection (1) to the counting of ballots or of votes therein and number such objections and shall place the number of an objection on the back of the ballot objected to and initial the number. R.S.O. 1990, c.M.53, s.78.
How votes counted
79. The deputy returning officer shall count all votes cast at the polling place that are not rejected and shall keep an account of the number of votes so cast and allowed for each candidate and with respect to each by-law or question. R.S.O. 1990, c.M.53, s.79.
Ballots to be placed in separate packets
80. Following count of the votes at the polling place, a deputy returning officer shall place in separate sealed packets,
(a) all used ballots that have not been objected to and have been counted in whole or in part;
(b) all used ballots that have been objected to but which have been counted in whole or in part;
(c) all rejected ballots;
(d) all ballots used but unmarked. R.S.O. 1990, c.M.53, s.80.
D.R.O. to endorse packets
81. The deputy returning officer shall endorse every packet of ballots made up under clause 76(a) or section 80 so as to indicate its contents and any candidate or scrutineer present may write his or her name on the packet. R.S.O. 1990, c.M.53, s.81.
Oath of poll clerk
82. The poll clerk, immediately after the completion of the counting of the votes, shall take and subscribe the prescribed oath. R.S.O. 1990, c.M.53, s.82.
Statement and Materials Returned to Clerk
Statement of D.R.O.
83. (1) The deputy returning officer shall make out a statement in duplicate of the number of,
(a) ballots received from the clerk;
(b) votes given for each candidate;
(c) votes given for and against a by-law or question;
(d) used ballots that have not been objected to and have been counted;
(e) ballots that have been objected to in whole or in part but which have been counted;
(f) rejected ballots;
(g) cancelled ballots;
(h) ballots used but unmarked;
(i) declined ballots;
(j) unused ballots.
Statement attached to polling list
(2) The duplicate statement shall be attached to the polling list maintained by the poll clerk and the original statement enclosed in a special packet shall be delivered to the clerk as provided herein.
Statement signed by D.R.O., etc.
(3) The statement shall be signed by the deputy returning officer and the poll clerk and such of the candidates or their scrutineers as are present and desire to sign it.
Certificate re ballots counted and rejected
(4) The deputy returning officer shall deliver to such of the candidates or their scrutineers as are present, if requested to do so, a certificate of the number of ballots counted for each candidate, and of the rejected ballots. R.S.O. 1990, c.M.53, s.83.
What to be placed in ballot box
84. (1) The deputy returning officer shall place in the ballot box, the polling lists, the packets containing the ballots and all other documents or packets that served at the election, except,
(a) the original statement;
(b) the oath of the poll clerk;
(c) the oath of the person, if any, chosen to deliver the ballot box to the clerk.
Box to be locked, etc.
(2) The deputy returning officer shall then lock and seal the ballot box and, except where otherwise directed by the clerk, forthwith deliver it and the documents enumerated in subsection (1) personally to the clerk.
Oath of D.R.O.
(3) Forthwith thereafter, the deputy returning officer shall take and subscribe the prescribed oath and shall personally deliver it or transmit it by registered mail to the clerk.
Delivery of ballot box, etc., to clerk
(4) If the deputy returning officer is unable personally to deliver the ballot box and documents enumerated in subsection (1) owing to illness or other cause, he or she shall deliver them to the poll clerk for delivery to the clerk, or, where the poll clerk is unable to act, to some person chosen by the deputy returning officer for the purpose of delivering them to the clerk, who shall take the prescribed oath to do so and the deputy returning officer shall thereon, or on a ticket attached thereto, write the name of the person to whom the box was delivered and shall take a receipt therefor, and the poll clerk or person so chosen shall except where otherwise directed by the clerk forthwith personally deliver them to the clerk and shall take before the clerk the prescribed oath.
Right of candidate, etc., to be present
(5) The candidates, or their scrutineers, are entitled to be present when the ballot box and documents for a polling place are delivered to the clerk under this section.
Where D.R.O. to take ballot box
(6) Subject to section 75, a deputy returning officer, after the close of the poll, shall not under any circumstances take, or allow to be taken, the ballot box to any place except the office of the clerk, or to such other place as the clerk has in writing directed. R.S.O. 1990, c.M.53, s.84.
Clerk to add up votes
85. (1) The clerk, after receiving the ballot boxes and other documents referred to in section 84, shall, without opening any of the ballot boxes, cast up from the original statements showing the number of votes for each candidate and for the affirmative or negative on any by-law or question at each polling place the total number of votes for each candidate and the total number of votes for the affirmative or negative on any by-law or question.
Declaration of result
(2) After casting up the total number of votes cast at an election, the clerk shall, at the town hall or, if there is no town hall, at the clerk’s office at noon on the Thursday following the day on which the polling is held, publicly declare to be elected the candidate or candidates having the highest number of votes, and declare the result of the vote with respect to any by-law or question and the clerk shall also post up in some conspicuous place a statement under his or her hand showing the number of votes for each candidate and for the affirmative or negative on the by-law or question.
Delay in adding up votes
(3) If for any cause the clerk cannot, at the day and hour appointed by him or her for adding up the votes, ascertain the number of votes given for each candidate, or for the affirmative or negative on any by-law or question, the clerk may adjourn to a future day and hour the adding up of the votes and so on from time to time, such adjournment or adjournments not in the aggregate to exceed fourteen days. R.S.O. 1990, c.M.53, s.85.
Safekeeping of box and documents
86. (1) Except as provided in this section, the clerk, upon the receipt of a ballot box, and the documents referred to in section 84, shall take every precaution for their safekeeping and for preventing any other person from having access to them, and shall immediately on receipt of the ballot box seal it with the clerk’s own seal in such a way that it cannot be opened without his or her seal being broken, and that any other seals affixed to it are not effaced or covered.
Opening box when documents omitted from or placed in box in error, etc.
(2) Despite section 105, where the documents specified in subsection 84(1) are in error omitted from or placed in the ballot box, or where the clerk considers it necessary to ascertain the meaning of a statement, the clerk may open such ballot box or boxes in the presence of the deputy returning officer concerned, and having corrected the error or after having recovered or ascertained the meaning of the statement, as the case may be, the box shall be resealed by the deputy returning officer in the presence of the clerk and by the clerk.
Where D.R.O. fails to deliver statement
(3) If a deputy returning officer has not delivered the statement of the ballots counted by him or her to the clerk as required by section 84, the clerk shall after notification to the candidates or their scrutineers, who may be present, open the appropriate ballot box for the purpose of counting the votes and shall count the votes. R.S.O. 1990, c.M.53, s.86.
Where ballot box lost, etc.
87. If a ballot box for any polling place has been destroyed or lost or, for any other reason, is not forthcoming by the time fixed for adding up the votes, the clerk shall ascertain the cause and, if the statement of the votes cast and certificates, or any of them or copies of them, cannot be procured, the clerk shall ascertain by such evidence as he or she is able to obtain the total number of votes given for each candidate at the polling place and for the affirmative or negative on any by-law or question, and may summon any deputy returning officer, poll clerk, election assistant or other person to appear before the clerk at a time and place to be named by him or her, and the clerk shall notify the candidates of the intended proceedings and may examine on oath such deputy returning officer, poll clerk, election assistant or other person respecting the matter in question. R.S.O. 1990, c.M.53, s.87.
Recounts
Recount officer
88. (1) Subject to subsection (2), the clerk of a municipality is the recount officer for all elections for which the clerk is the returning officer.
Substitution for clerk
(2) The clerk may appoint a person as recount officer to act in place of the clerk and, if the clerk is disqualified under subsection (4), the clerk shall make the appointment.
Idem
(3) If the person appointed recount officer refuses or is unable to act, the clerk may appoint another person as recount officer to act in place of the clerk.
Disqualification
(4) No person shall be appointed as a recount officer who,
(a) is a candidate or the spouse of a candidate;
(b) is less than eighteen years of age; or
(c) has participated in the actual counting of the ballots for a polling subdivision in the election.
Limitation
(5) Clause (4)(c) does not apply if the recount does not involve the examining and counting of ballots for the polling subdivision in respect of which the person who is to be recount officer participated in the actual counting of the ballots. R.S.O. 1990, c.M.53, s.88.
Duty of recount officer
89. (1) The recount officer is responsible for the proper preparation for and conduct of a recount in the election and, for this purpose, shall direct the training of persons appointed under this section and supervise their work.
Assistants
(2) The recount officer may appoint assistant recount officers and may provide for such clerical and other assistance as is necessary to conduct a recount.
Disqualification
(3) No person shall be appointed under this section who,
(a) is a candidate or the spouse of a candidate;
(b) is less than eighteen years of age; or
(c) has participated in the actual counting of the ballots for a polling subdivision in the election.
Exception
(4) Clause (3) (c) does not apply if the recount does not involve the examining and counting of ballots for the polling subdivision in respect of which the person who is to be appointed an assistant recount officer participated in the actual counting of the ballots.
Delegation by recount officer
(5) The recount officer may in writing delegate to the assistant recount officers such rights and duties in relation to the preparation for and conduct of a recount as the recount officer considers necessary, but such delegation does not preclude the continued exercise of those rights and performance of those duties by the recount officer.
Other appointments
(6) The recount officer may appoint persons to aid in maintaining peace and order at the recount.
Oath
(7) Every recount officer, assistant recount officer, scrutineer and any other person authorized to attend and serve at a recount shall, before performing any duties, take the oath in the prescribed form.
Who may administer oaths
(8) The recount officer may administer any oath required in relation to a recount, and assistant recount officers may administer any such oath except an oath to be taken by the recount officer.
Remuneration and expenses
(9) The municipality shall pay to persons appointed under this section reasonable remuneration and the expenses incurred in attending the recount, but if the recount has been held at the request of a school board or a local board or at the request of a candidate for election to a school board or local board, the school board or local board, as the case may be, shall pay the remuneration and expenses.
Certification of expenses
(10) The expenses under subsection (9) shall be paid out only upon presentation of a certificate signed by the clerk of the municipality verifying the amount payable. R.S.O. 1990, c.M.53, s.89.
Tie votes, recount
90. (1) If,
(a) two or more candidates nominated for the same office have an equal number of votes and both or all of the candidates cannot be declared elected to the office; or
(b) the votes for the affirmative and negative on a by-law or question are equal,
the recount officer shall, after the tied vote has been publicly announced, immediately appoint a time and place to hold a recount of the votes cast for those candidates or on the by-law or question.
When recount to be held
(2) The time appointed by the recount officer for a recount under subsection (1) shall be no later than twenty days after the declaration of the results of the election under subsection 85(2) or (3). R.S.O. 1990, c.M.53, s.90.
Where vote is close
91. (1) The recount officer shall hold a recount,
(a) if a candidate who was not declared elected requests it in writing; and
(b) if the number of votes separating a candidate who was not declared elected and a candidate who was declared elected or, for an office to which more than one person may be elected, who was declared elected with the least number of votes is less than the greater of,
(i) ten votes, and
(ii) one-half of one vote for each polling subdivision in the election for that office or 0.25 per cent of the total number of votes cast for that office, whichever is the lesser.
Results
(2) Where there is a close vote entitling a candidate to request a recount under subsection (1), the clerk shall include the results of the close vote calculations in the statement required under subsection 85(2) or (3).
When request for recount to be made
(3) A request for a recount under subsection (1) shall be made to the recount officer not later than seven days after the declaration of the results of the election under subsection 85(2) or (3).
Time and place for recount
(4) Upon receiving a request for a recount under this section, the recount officer shall appoint a time and place for the recount.
When recount to be held
(5) The time appointed by the recount officer for a recount under subsection (4) shall be no later than twenty days after the request for the recount is received. R.S.O. 1990, c.M.53, s.91.
Recount resolution
92. (1) Following an election for the members of the council of a municipality or regional municipality or of a school board or of a local board, where a recount of the votes for the office or for the affirmative or negative on any by-law or question is considered to be in the public interest, the council, school board or local board, as the case may be, may pass a resolution requiring the recount officer to hold a recount.
When resolution to be passed
(2) A resolution for a recount under subsection (1) shall be passed no later than thirty days after the declaration of the results of the election under subsection 85(2) or (3).
Time and place for recount
(3) If a resolution for a recount is passed under subsection (1) within the time period set out in subsection (2), the recount officer shall appoint a time and place for the recount.
When recount to be held
(4) The time appointed by the recount officer for a recount shall be no later than twenty days after the passing of the resolution under subsection (1). R.S.O. 1990, c.M.53, s.92.
Application for recount by elector
93. (1) If, in any election, an elector has reasonable grounds for believing that,
(a) the votes have been improperly counted or any ballot has been improperly rejected;
(b) an incorrect statement of the number of votes for any candidate or for or against any by-law or question has been made; or
(c) the votes have been improperly added up,
the elector may apply to a judge of the Ontario Court (Provincial Division) sitting in the county or district in which the municipality or part thereof or the administrative or head office of the school board or local board is situate for a determination whether a recount should be held.
Affidavit and deposit to accompany application
(2) An application for a recount under subsection (1) shall be commenced no later than thirty days after the declaration of the results of the election under subsection 85(2) or (3) and shall be accompanied by,
(a) an affidavit or affidavits setting out the grounds for the recount and the facts in support of those grounds; and
(b) a deposit in the sum of $100 as security for the costs in connection with the application.
Contents of affidavit
(3) An affidavit under clause (2)(a) shall be confined to facts within the personal knowledge of the person making the affidavit or to other evidence that this person could give if testifying as a witness in court.
Form of deposit
(4) A deposit under clause (2)(b) shall be in the form of cash or in the form of a money order or certified cheque made payable to a clerk of the Ontario Court (Provincial Division) in the county or district in which the municipality or part thereof or the administrative or head office of the school board or local board is situate, or in any combination thereof.
Parties to be served
(5) Copies of the notice of application, the application for a recount and affidavits in support of the application shall be served by the applicant,
(a) where the application concerns an election to office, upon each candidate for that office; and
(b) upon the recount officer.
Disposition of application, etc.
(6) The judge, if satisfied that there are sufficient grounds for a recount, shall order that a recount be held by the recount officer and may determine which ballot boxes, if any, shall be opened for the purpose of the recount.
Where recount ordered
(7) If the judge orders a recount, the judge shall immediately notify the recount officer in writing and the recount officer shall appoint a time and place to hold the recount.
When recount to be held
(8) The time appointed by the recount officer for a recount shall be no later than twenty days following the date the recount officer receives the notice from the judge. R.S.O. 1990, c.M.53, s.93.
Notice of recount
94. (1) The recount officer shall give by personal service or registered mail at least six days notice in writing of the time and place of the recount to,
(a) the candidate who requested the recount, the council or school board or local board which passed the resolution for the recount, or the elector who applied to the judge for the recount, as the case may be;
(b) the candidates for the office which is the subject of the recount;
(c) if the recount officer is not the returning officer of the municipality, the returning officer of the municipality; and
(d) if the recount concerns the election of chair of a regional municipality, the trustees of a police village or the members of a school board, the clerk of any other municipality who was the returning officer for the vote to be recorded in that clerk’s municipality.
Attendance of recount officer
(2) The recount officer shall attend the recount and bring the ballot boxes and all documents relating to the election.
Where recount officer not returning officer
(3) If the recount officer is not the returning officer of the municipality, the returning officer of the municipality, or a person appointed by the returning officer, shall attend the recount and bring the ballot boxes and all documents relating to the election.
Regional chair, police village and school board elections
(4) If the recount concerns the election of chair of a regional municipality or of trustees of a police village or of members of a school board, the clerk of any other municipality who was the returning officer for the vote to be recorded in that clerk’s municipality, or a person appointed by the clerk, shall attend the recount and bring the ballot boxes and all documents relating to the election.
Who may be present
(5) Each candidate for an office to which the recount relates and the elector, if any, who applied for the recount are entitled to be present and to be represented by counsel and to appoint and have present one scrutineer for each recount station established by the recount officer, and, where the recount relates to a by-law or question, such persons as the council may appoint as scrutineers are entitled to be present, but no other person, except with the permission of the recount officer, is entitled to be present at the recount.
Application of certain provisions
(6) Subsection 5(8) and sections 7 and 8 apply with necessary modifications to scrutineers appointed under subsection (5). R.S.O. 1990, c.M.53, s.94.
What ballots involved in recounts
95. (1) If a recount relates to the election of a candidate, the recount shall be of the votes cast,
(a) where subsection 90(1) applies, for the two or more candidates who have an equal number of votes;
(b) where subsection 91(1) applies, for the candidate declared elected when only one is to be elected or, in the case of an office to which more than one is to be elected, for the candidate who received the lowest number of votes of those declared elected and for the defeated candidate or candidates who received enough votes for the same office to fall within the margin of votes prescribed by that subsection; and
(c) in all other cases, for the candidate declared elected when only one is to be elected or, in the case of an office to which more than one is to be elected, for the candidate who received the lowest number of votes of those declared elected by the returning officer and for the defeated candidate who received the highest number of votes for the same office.
Recount of votes cast for other candidates
(2) Despite subsection (1), the recount officer may conduct a recount of the votes cast for any other candidate whose election or right to any other office may be affected by the recount conducted under subsection (1). R.S.O. 1990, c.M.53, s.95.
Procedure at recount
96. (1) At the time and place appointed for the recount, and in the presence of those persons who are entitled to be present and who have attended, the recount officer shall add the votes from the statements returned to the returning officer by the deputy returning officers, or shall count the ballots received by the returning officer from the deputy returning officers and the number of votes counted at the election, or both, as the recount officer considers appropriate, and for this purpose shall open the sealed envelopes containing,
(a) the ballots that were not objected to and were counted;
(b) the ballots that were objected to but were counted;
(c) the rejected ballots;
(d) the cancelled ballots;
(e) the ballots that were used but were unmarked;
(f) the declined ballots; and
(g) the unused ballots.
Verification of statement of the vote
(2) The recount officer, in conducting the recount, shall determine the validity of ballots, and shall verify or correct the statement of the vote for each polling subdivision.
Duties of recount officer after recount
(3) Upon completion of the recount, the recount officer shall,
(a) announce the result, including the number of disputed ballots, to the persons present at the recount;
(b) calculate the result excluding the disputed ballots in the envelope described in clause (d);
(c) subject to clause (d), seal the ballots in their original envelopes and the original statements in a separate envelope clearly marked so as to indicate its contents; and
(d) write the number of the polling subdivision on the back of and initial any disputed ballots and seal them in a separate envelope clearly marked so as to indicate its contents.
Certification
(4) The recount officer shall certify in writing the result of the recount and promptly give the returning officer a certified copy of the result.
Tied vote
(5) In the case of a tied vote under section 99, the recount officer shall determine the successful candidate by lot under that section and give a certified copy of the result of the lot to the returning officer together with the certified copy of the result of the recount under subsection (4).
After certification
(6) After the certification of the result of the recount, the returning officer shall declare the candidate or candidates, as the case may be, having the greatest number of votes or being a successful candidate in a lot under subsection (5) to be elected or certify to the council the result of the vote with respect to a by-law or question, as applicable, unless within fifteen days following the completion of the recount, an application is made under subsection 97(1). R.S.O. 1990, c.M.53, s.96.
Application for recount
97. (1) A candidate who disputes the validity of a ballot or of the counting of votes in any ballot may, within fifteen days following the completion of the recount by the recount officer, make an application to a judge of the Ontario Court (Provincial Division) for a recount limited to the disputed ballots.
Service
(2) The applicant shall serve notice of the application upon the recount officer and, if the application concerns an election to office, upon each candidate for that office.
Procedures
(3) Subsection 123(1) applies with necessary modifications to an application under subsection (1).
Documents to be provided by recount officer
(4) If an application is made under subsection (1), the recount officer shall attend the hearing of the application and provide the judge with,
(a) a certified copy of the result of the recount conducted by the recount officer;
(b) a certified copy of the result of the recount conducted by the recount officer excluding the disputed ballots;
(c) the sealed envelope containing the disputed ballots from the recount conducted by the recount officer; and
(d) any other documents relating to the election that are relevant to the application.
Determination by judge
(5) The judge, in the presence of the persons entitled to be present at the recount conducted by the recount officer and who have attended the hearing, shall,
(a) determine the validity of the disputed ballots or the counting of votes in any disputed ballots and for this purpose shall open the sealed envelope containing the disputed ballots;
(b) recalculate the result of the election using the determinations the judge made in clause (a) and the certified results provided by the recount officer in clause (4)(b); and
(c) calculate the result of the election excluding the ballots disputed under subsection (6).
Disputed ballots
(6) If a party to the application requests the judge to do so, the judge shall initial any ballots the validity of which, despite any order to the contrary made by the judge under this section, is disputed by the party.
Order
(7) Upon completion of the recount, the judge shall make an order providing for those matters described in subsection (5) and shall,
(a) announce the result of the recount, including the number of disputed ballots, to the persons present at the recount;
(b) seal any ballots the validity of which is disputed under subsection (6) in a separate envelope clearly marked so as to indicate its contents;
(c) except for the ballots described in clause (b), seal the disputed ballots from the recount conducted by the recount officer in their original envelope;
(d) give the envelope referred to in clause (b) to the recount officer; and
(e) return the envelopes referred to in clause (c) along with any documents relating to the election that were provided to the judge by the recount officer, to the recount officer.
Certified copy of order
(8) The judge shall give a certified copy of the order to the recount officer who shall promptly give it to the returning officer.
Tied vote
(9) In the case of a tied vote under section 99, the recount officer shall determine the successful candidate by lot under that section and give a certified copy of the result of the lot to the returning officer together with the order under subsection (8).
Results declared or certified by returning officer
(10) After receipt of the order, the returning officer shall declare the candidate or candidates, as the case may be, having the greatest number of votes or being a successful candidate in a lot under subsection (9) to be elected or certify to the council the result of the vote with respect to a by-law or question, as applicable, unless within fifteen days following the completion of the recount, an appeal is made under subsection 98(1). R.S.O. 1990, c.M.53, s.97.
Appeal
98. (1) Any party to the recount under section 97 may, within fifteen days following the completion of the recount of the judge under that section, appeal the decision of the judge to the Ontario Court (General Division).
Nature of appeal
(2) The appeal under subsection (1) shall be a recount limited to the disputed ballots in the envelope described in clause 97(7)(b).
Service
(3) The appellant shall serve the notice of appeal upon the recount officer and, if the appeal concerns an election to office, upon each candidate for that office.
Procedures
(4) Subsection 123(1) applies with necessary modifications to an appeal under subsection (1).
Documents to be provided by recount officer
(5) If an appeal is made under subsection (1), the recount officer shall attend the appeal and provide the court with,
(a) a certified copy of the order of the judge under section 97;
(b) the sealed envelope described in clause 97(7)(b) containing the disputed ballots from the recount conducted by the judge under section 97; and
(c) any other documents relating to the election that are relevant to the appeal.
Determination
(6) One judge of the Ontario Court (General Division) shall, in the presence of the parties who have attended the appeal,
(a) determine the validity of the disputed ballots or of the counting of votes in any disputed ballots and for this purpose shall open the sealed envelope containing the disputed ballots; and
(b) recalculate the result of the election using the determinations made in clause (a) and the calculations of the judge of the Ontario Court (Provincial Division) described in clause 97(5)(c).
Order
(7) Upon completion of the recount, the judge shall make an order providing for those matters described in subsection (6) and shall,
(a) announce the result of the recount to the persons present at the recount;
(b) seal the disputed ballots in their original envelope; and
(c) return the envelope referred to in clause (b) along with any documents relating to the election that were provided to the judge by the recount officer, to the recount officer.
Certified copy of order
(8) The judge shall give a certified copy of the order to the recount officer who shall promptly give it to the returning officer.
Tied vote
(9) In the case of a tied vote under section 99, the recount officer shall determine the successful candidate by lot under that section and give a certified copy of the result of the lot to the returning officer together with the order under subsection (8).
Declaration or certification by returning officer
(10) After receipt of the order, the returning officer shall declare the candidate or candidates, as the case may be, having the greatest number of votes or being a successful candidate in a lot under subsection (9) to be elected or certify to the council the result of the vote with respect to a by-law or question, as applicable. R.S.O. 1990, c.M.53, s.98.
Tied votes
99. (1) In the case of a tied vote for candidates for any office for which one person only is to be elected, or for which the holding of any other office is to be determined as a result of a recount, the successful candidate shall be determined by lot conducted by the recount officer.
Method of conducting lot
(2) The lot shall be conducted by placing the names of the candidates on equal size pieces of paper in a box, and the name drawn by the recount officer shall be the successful candidate. R.S.O. 1990, c.M.53, s.99.
Costs of recount
100. (1) Unless a court otherwise orders, the costs, including the costs of the candidates, of a recount under this Act whether conducted by a recount officer or a judge shall be borne by the municipality, school board or local board to which the recount relates.
Frivolous proceedings
(2) Despite subsection (1), if a court finds that an application or appeal is frivolous or vexatious, the court may order that the costs of the application or appeal be paid by the person who made the application or appeal.
Discretion of court not restricted
(3) Nothing in subsection (2) limits or restricts the discretion of a court in awarding costs. R.S.O. 1990, c.M.53, s.100.
Records to be returned
101. After the returning officer makes a declaration of the results of an election under subsection 96(6), 97(10) or 98(10), the recount officer shall return all election records to the returning officer. R.S.O. 1990, c.M.53, s.101.
Right to sit
102. A candidate declared elected is entitled to sit on the council, school board or local board even if a request or application for a recount has been filed or a resolution for a recount has been passed and is entitled to continue to sit and vote until the recount and all applications and appeals under this Act have been disposed of and a different candidate has been declared elected. R.S.O. 1990, c.M.53, s.102.
Decisions not affected
103. A decision of a council, school board or local board reached with the participation of a member who is subsequently declared not to be entitled to sit on the council, school board or local board is not affected by that participation. R.S.O. 1990, c.M.53, s.103.
Disposition of Election Records
Disposition of ballots
104. (1) The clerk shall retain in his or her possession for ninety days from the date of the poll for an election all the ballots in the election and, subject to subsection (2), shall then destroy them in the presence of two witnesses, who shall make a statutory declaration that they witnessed the destruction of them and such declaration shall be filed in the office of the clerk.
Retention of ballots
(2) The clerk shall not destroy the ballots under subsection (1),
(a) if a judge or officer having jurisdiction to inquire as to the validity of the election issues an order requiring the ballots to be retained; or
(b) if the recount proceedings, including appeal periods, regarding the election have not yet been completed.
Disposition of other documents
(3) Subject to subsection (1), the clerk shall retain in his or her possession all oaths, nominations, qualification documents, statements of the votes cast, and other documents relating to an election until the successors to the persons elected at such election have taken office, and may then destroy them.
Clerk to forward certain documents
(4) After polling day, within the time prescribed by the Minister of Revenue under the Assessment Act, the clerk shall send to the assessment commissioner the certificates filed under subsection 36(4) and the declarations taken under subsection 61(1). R.S.O. 1990, c.M.53, s.104.
Inspection of ballots
105. (1) No person shall be allowed to inspect the contents of a ballot box in the custody of the clerk except under the order of a judge.
Order of judge
(2) The order may be made on the judge being satisfied by affidavit or other evidence that the inspection is required for the purpose of maintaining a prosecution for an offence, or corrupt practice, or of taking proceedings for contesting the election or return. R.S.O. 1990, c.M.53, s.105.
Production of documents by clerk
106. Where an order is made for the production by the clerk of any document in his or her possession relating to an election, the production of it by the clerk in such manner as may be directed by the order is evidence that the document relates to the election, and any endorsement appearing on any packet of ballots so produced is evidence that the contents are what they are stated to be by the endorsement. R.S.O. 1990, c.M.53, s.106.
Prohibition respecting use of lists
107. (1) No person shall use an enumeration list, a preliminary list, a polling list or any other list of electors prepared as part of the election process under this Act for commercial purposes.
Prohibition respecting sale of lists
(2) No person shall knowingly sell an enumeration list, a preliminary list, a polling list or any other list of electors prepared as part of the election process under this Act to any person who intends to use the list for commercial purposes. R.S.O. 1990, c.M.53, s.107.
New Elections
New election
108. (1) Where a new election is required under this or any other Act to fill a vacancy in any office by an election, other than a regular election, the clerk of the municipality who is the returning officer with whom nominations may be filed shall set the date of the nomination day which shall be within sixty days of the day on which,
(a) an order to hold a new election is given in any judicial proceedings;
(b) the council of the municipality passes a by-law to hold a new election;
(c) the clerk receives from the secretary of a school board a copy of a resolution of the board indicating a new election is required;
(d) an order to hold a new election is given by the Minister under section 48 of the Municipal Act;
(e) a candidate for the office of the head of council dies under the circumstances described in clause 41(2)(b); or
(f) if a new election is required to be held under subsection 43(4), the last acclamations for that office are made under section 43.
Procedure
(2) The procedure including the period for filing nominations at a new election shall be the procedure and period applicable at a regular election of the municipality and polling day shall be twenty-eight days after nomination day.
Polling
(3) The polling required to fill a vacancy in an office by this section shall so far as possible be held in the same manner and by the same officers and take place at the same places, in so far as practicable, at which the polling took place at the last regular election.
Preliminary list of electors
(4) The preliminary list to be used for a new election shall be prepared as follows:
1. The clerk shall notify the assessment commissioner by registered mail or personal service of the requirement for a new election.
2. The assessment commissioner shall deliver to the clerk the enumeration list updated under section 15 of the Assessment Act to the date of receiving the notice under paragraph 1.
3. Upon receipt of the enumeration list, the clerk, after making corrections under section 26, shall cause the list to be printed or reproduced, whereupon the list shall be the preliminary list.
Posting of list
(5) The preliminary list shall be posted in accordance with subsections 28(1) and (2).
Revision of preliminary list
(6) The preliminary list is subject to revision for fifteen days before nomination day and sections 28 to 33 apply to the revision with necessary modifications.
Qualifications
(7) The requirements for the qualification of electors are the same as those set out in subsection 13(1) or 14(1) but electors may meet the requirements at any time during the fifteen days before nomination day.
Procedures
(8) If a by-law or question is to be submitted to the electors at an election, other than a regular election, in compliance with an order of the Ontario Municipal Board given under subsection 130(4) of the Municipal Act, unless the Board otherwise directs,
(a) the clerk of the municipality shall set a date for polling day which shall be within sixty days of the effective date of the Board’s order;
(b) the clerk shall prepare, correct, print or reproduce and post the preliminary list in accordance with subsections (4) and (5);
(c) the preliminary list shall be subject to revision for a period commencing twenty-one days after the effective date of the Board’s order and ending thirty-six days thereafter; and
(d) the period during which a person may qualify as an elector entitled to vote on the by-law or question shall be the period commencing twenty-one days after the effective date of the Board’s order and ending thirty-six days later.
Certification of list
(9) The preliminary list for a new election, when revised, shall be subject to certification by the clerk under section 34 and to entry of names in the list under sections 36 and 61.
Eligibility of member to be candidate for other office
(10) Where a vacancy occurs in any office and an election is to be held to fill such vacancy, a person holding any other office is not eligible to be a candidate for the vacant office unless he or she has, before the nomination day for the new election, filed with the clerk a certified copy of his or her resignation from the office that the person then holds with evidence satisfactory to the clerk that such resignation has been filed as required by legislation governing the office that he or she then holds.
Vacancy after March 31st of election year
(11) Despite anything in this or any other Act, a new election shall not be held to fill a vacancy where the vacancy occurs after the 31st day of March of an election year.
Revision of partial list
(12) If election to the office for which a new election is required is to be by ward or other form of division of the municipality, it is necessary to revise only that portion of the preliminary list applicable to such ward or other part of the municipality. R.S.O. 1990, c.M.53, s.108.
Council may meet notwithstanding vacancy
109. Although a new election becomes necessary, meetings of the council may be held if a quorum of the council is present. R.S.O. 1990, c.M.53, s.109.
Effect of Irregularities
Irregularities not to offset result
110. No election shall be declared invalid,
(a) by reason of any irregularity on the part of the clerk or in any of the proceedings preliminary to the poll;
(b) by reason of a failure to hold a poll at any place appointed for holding a poll;
(c) by reason of non-compliance with the provisions of this Act as to the taking of the poll, as to the counting of the votes or as to limitations of time; or
(d) by reason of any mistake in the use of the prescribed forms,
if it appears to the court having cognizance of the matter that the election was conducted in accordance with the principles of this Act and that the irregularity, failure, non-compliance or mistake did not affect the result of the election. R.S.O. 1990, c.M.53, s.110.
Secrecy of Proceedings
Secrecy of proceedings
111. (1) Every person in attendance at a polling place or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting.
Interference with elector
(2) No person shall interfere or attempt to interfere with an elector when marking his or her ballot paper, or obtain or attempt to obtain at the polling place information as to how an elector is about to vote or has voted.
Communication as to voting
(3) No person shall communicate any information obtained at a polling place as to how an elector at such polling place is about to vote or has voted.
Inducing person to show ballot
(4) No person shall, directly or indirectly, induce or attempt to induce an elector to show his or her ballot paper after the elector has marked it so as to make known to any person how he or she has voted.
Voter not to show ballot
(5) Subject to section 69, an elector shall not show his or her ballot paper, when marked, to any person so as to make known how the elector voted.
No one compellable to disclose his vote
(6) No person who has voted at an election shall, in any legal proceeding to question the election or return, be required to state how or for whom he or she has voted. R.S.O. 1990, c.M.53, s.111.
Offences, Penalties and Enforcement
Voting when not qualified, etc.
112. Every person who, at an election,
(a) not being qualified to vote, votes;
(b) being qualified to vote, votes more times than authorized to vote by this Act; or
(c) votes in a polling subdivision other than one in which he or she is entitled to vote by this Act,
is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.112; 1994, c. 27, s. 50 (1).
Improper voting by proxy
113. Every person who,
(a) having appointed a voting proxy to vote at an election, attempts to vote at the election otherwise than by means of that voting proxy while the voting proxy is in force; or
(b) having been appointed a voting proxy at an election, votes or attempts to vote at the election under the authority of the proxy when the appointment has been cancelled or the elector who made the appointment is no longer entitled to vote or is dead,
is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.113; 1994, c. 27, s. 50 (2, 3).
Wilful miscount of ballots
114. Every deputy returning officer or poll clerk who wilfully miscounts the ballots or otherwise wilfully makes up a false statement of the poll is guilty of a corrupt practice and is liable to a fine of not more than $5,000, or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c.M.53, s.114.
Initialling false ballot
114.1 Every deputy returning officer who knowingly puts his or her initials on the back of any paper that purports to be, but is not, a ballot capable of being used as such at an election is guilty of a corrupt practice and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 1994, c. 27, s. 50 (4).
Neglect of duties
115. Every clerk, returning officer, deputy returning officer or poll clerk who wilfully refuses or neglects to perform any of the duties imposed upon him or her by this Act is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.115.
Offences relating to ballot papers
116. Every person who,
(a) without authority, supplies a ballot to any person;
(b) places in a ballot box a paper other than the ballot that he or she is authorized by law to place therein;
(c) delivers to the deputy returning officer to be placed in the ballot box any other paper than the ballot given to him or her by the deputy returning officer;
(d) takes a ballot out of the polling place;
(e) without authority, takes, opens or otherwise interferes with a ballot box or books or packet of ballots or a ballot in use or used for the purpose of an election;
. . . . .
(g) attempts to commit any offence mentioned in this section,
is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. M.53, s. 116; 1994, c. 27, s. 50 (5, 6).
Furnishing false information
117. Every person who furnishes false or misleading information to any person whom this Act authorizes to obtain information is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 1994, c. 27, s. 50 (7).
Inducing unqualified person to vote, etc.
118. Every person who,
(a) induces or procures any person to vote who has no right to vote; or
(b) before or during an election publishes a false statement of the withdrawal of a candidate,
is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 1994, c. 27, s. 50 (7).
Bribery;
119. (1) Every person who,
bribing elector or procuring bribery by money
(a) directly or indirectly, himself or herself or by any other person on his or her behalf, gives, lends or agrees to give or lend, or offers or promises any money or valuable consideration, or promises to procure or to endeavour to procure any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector, or to or for any person in order to induce any elector to vote or refrain from voting, or corruptly does any such act on account of any elector having voted or refrained from voting at an election; or
by gift or offer or promise of employment
(b) directly or indirectly, himself or herself or by any other person on his or her behalf, gives or procures or agrees to give or procure, or offers or promises any office, place or employment, or promises to procure or to endeavour to procure any office, place or employment to or for any elector, or to or for any other person in order to induce any elector to vote or refrain from voting, or corruptly does any such act on account of any elector having voted or refrained from voting at an election; or
to induce anyone to procure return of candidate or endeavour to procure
(c) directly or indirectly, himself or herself or by any other person on his or her behalf, makes any such gift, loan, offer, promise, procurement or agreement, to or for any person, in order to induce such person to procure or endeavour to procure the return of any candidate, or the vote of any elector at an election; or
receiving bribe to procure return of candidate
(d) upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to procure the return of any candidate, or the vote of any elector at an election; or
advancing money to be spent in corrupt practices
(e) advances or pays, or causes to be paid, money to or to the use of any other person, with the intent that such money or any part of it shall be expended in corrupt practices at an election, or who knowingly pays or causes to be paid money to any person in discharge or repayment of money wholly or in part expended in corrupt practices at an election; or
applying for money or employment in consideration of voting
(f) directly or indirectly, himself or herself or by any other person on his or her behalf, on account of and as payment for voting or for having voted, or for illegally agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for having illegally assisted or agreed to assist any candidate at an election, applies to such candidate for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration, or for any office, place or employment, or the promise of any office, place or employment; or
receiving money, office, etc., for having voted
(g) before or during an election, directly or indirectly, himself or herself or by any other person on his or her behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself, herself, or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at an election; or
receiving money corruptly after election
(h) after an election, directly or indirectly, himself or herself or by any other person on his or her behalf, receives any money or valuable consideration for having voted or refrained from voting, or for having induced any other person to vote or refrain from voting at an election; or
giving or promising office to candidate to stand or withdraw
(i) in order to induce a person to allow himself or herself to be nominated as a candidate, or to refrain from becoming a candidate, or to withdraw if he or she has become a candidate, gives or procures any office, place or employment, or agrees to give or procure or offers or promises to procure, or endeavours to procure any office, place or employment for such person, or for any other person,
is guilty of bribery, and on conviction is liable to a fine of $5,000, or to imprisonment for a term of not more than six months, or to both, and is disqualified from voting at any election for four years.
Posting of provisions as to corrupt practices
(2) The clerk shall furnish every deputy returning officer with at least two copies of this section, and the deputy returning officer shall post them in conspicuous places at the polling place. R.S.O. 1990, c.M.53, s.119.
General offence
120. Every person who contravenes any of the provisions of this Act for which contravention no penalty is otherwise provided, or who contravenes an order of the Minister made under section 46, is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.120.
Corrupt practice
120.1 If, when a person is convicted of an offence under section 112, 113, 116, 117 or 118, the presiding judge finds that the offence was committed knowingly, the person is also guilty of a corrupt practice and, in addition to any other penalty, is liable to imprisonment for a term of not more than six months. 1994, c. 27, s. 50 (8).
Bribery or corrupt practice, effect of conviction
121. (1) A person who is convicted of bribery or a corrupt practice,
(a) shall forfeit any office to which he or she was elected; and
(b) is ineligible to be nominated for, elected to or appointed to hold any office until the sixth anniversary of the date of the poll.
Office vacant
(2) When clause (1) (a) applies, the forfeited office is vacant.
Exception
(3) If the presiding judge finds that an act constituting a corrupt practice was committed without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 1994, c. 27, s. 50 (9).
Controverted Elections
Validity of election, etc., determined in Ont. Ct. (Gen. Div.)
122. (1) The validity of an election or of the election of any person to any office at such an election shall be tried and determined by an action commenced in the Ontario Court (General Division). R.S.O. 1990, c. M.53, s. 122 (1); 1994, c. 27, s. 50 (10).
(2) Repealed: 1994, c. 27, s. 50 (11).
Who may commence action
(3) Any elector entitled to vote at an election referred to in subsection (1) may commence an action under this section in relation to such election.
Time for commencing action
(4) No action shall be commenced after the expiration of ninety days following the date of the poll at the election referred to in subsection (1). R.S.O. 1990, c. M.53, s. 122 (3, 4).
Mode of trial
123. (1) The judge shall, in a summary manner and without formal pleadings, hear and determine the questions raised by or upon an action under section 122 and may give directions as to the conduct thereof and may inquire into the facts on affidavit, by oral testimony, or by trying an issue framed by the judge, or by one or more of those means.
Idem
(2) Subject to subsection (1) and where not otherwise provided in this Act, the practice and procedure of the Ontario Court (General Division) apply to an action commenced under section 122.
Judge without jury
(3) The action shall be tried by a judge without a jury. R.S.O. 1990, c.M.53, s.123.
Security for costs
124. (1) At the time of the commencement of an action, security shall be given on behalf of the plaintiff to be applied towards payment of all costs, charges and expenses, if any, that may become payable by the plaintiff, including the costs and charges of the clerk incurred in the publication of notices in the municipality in respect of the action or proceedings therein.
Idem
(2) The security shall be in the amount of $400 and shall be given in accordance with the practice in cases where a plaintiff resides out of Ontario. R.S.O. 1990, c.M.53, s.124.
Abatement of action
125. (1) An action abates on the death of a sole plaintiff or the survivor of several plaintiffs.
Liability for costs
(2) The abatement of an action does not affect any liability for costs previously incurred.
Substitution of plaintiff
(3) On the abatement of an action, any person who might have been a plaintiff may apply to a judge of the court or, during the trial, to the trial judge to be substituted as the plaintiff. R.S.O. 1990, c.M.53, s.125.
Substitution for unqualified person
126. Where a plaintiff is not qualified to be a plaintiff in an action under this Act, the action shall not on that account be dismissed if, within such time as a judge of the court or, during the trial, the trial judge allows for that purpose, another plaintiff is substituted and substitution shall be made on such terms and conditions as the judge considers proper. R.S.O. 1990, c.M.53, s.126.
Removal of candidate
127. (1) Where the election of a person is declared void, the court may order that he or she be removed from office and, if it is determined that another person would have been elected but for the reasons leading to the election being declared void, that the other person be admitted to take his or her seat on the council or board or, if it is determined that no other person is elected, a new election shall be held.
Affecting result of election
(2) Where it is determined that a person’s act or omission unlawfully affected the result of the election, the court may declare the election void and a new election shall be held.
Compensation
(3) Where a new election is to be held, the court may make such order as it considers just against a person whose act or omission unlawfully affected the result of the election that has been declared void, for the compensation of candidates at that election, not exceeding $2,000 per candidate.
Judgment forwarded to clerk
(4) The registrar of the court shall forward the judgment and the reasons for judgment to the clerk of the municipality. 1994, c. 27, s. 50 (12).
Where election set aside and appeal entered
128. (1) If the court determines that a member was not duly elected, although an appeal from the decision is pending, he or she is not entitled to sit or vote on the council or board until the appeal is disposed of and the judgment of the court on appeal is received by the council or local board, but where the court determines that some other person was elected or is entitled to the seat, that other person is, although an appeal is pending, entitled to take his or her seat and to sit and vote until the appeal is disposed of and the judgment of the court on appeal is received by the council or local board.
Decisions of council not affected by reason of subsequent disqualification
(2) The decisions of a council reached with the participation of a member or members who is or are subsequently declared to be not entitled to sit on council shall not in any way be affected on the grounds of the participation of that member or members. R.S.O. 1990, c.M.53, s.128.
New election not to be held pending appeal
129. A new election shall not be held until after the expiration of the time limited for appeal from the determination of the court that the election is void and, if an appeal is brought, the election shall not be held pending the appeal. R.S.O. 1990, c.M.53, s.129.
Appeal to Divisional Court
130. (1) An appeal lies from the judgment of the Ontario Court (General Division) to the Divisional Court in accordance with the rules of court.
Judgment or new trial
(2) The Divisional Court may give any judgment that ought to have been pronounced or may grant a new trial for the purpose of taking evidence or additional evidence and may remit the case to the trial judge or to another judge and, subject to any directions of the Divisional Court, the case shall thereafter be proceeded with as if there had been no appeal.
Appeal from decision on new trial
(3) An appeal lies from the decision of the trial judge to whom the case was remitted by the Divisional Court in accordance with this section. R.S.O. 1990, c.M.53, s.130.
Disclaimer before complaint
131. Any person elected may, at any time after the election and before it is complained of, deliver to the clerk of the municipality a disclaimer, signed by the person, to the following effect:
“I, A.B., hereby disclaim all right to the office of .................................................... for the ....................................................... of .............................................................. in the .......................... of ......................... and all defence of any right I may have to the same. Dated ................................... day of ...................., 19..... A.B.” |
R.S.O. 1990, c.M.53, s.131.
Disclaimer after complaint
132. A person whose election is complained of, unless it is complained of on the ground of bribery or of a corrupt practice on his or her part, may, within one week after service on the person of the statement of claim or notice of action, transmit by registered mail, or deliver to the judge of the court, and to the applicant or the applicant’s solicitor, a disclaimer signed by the person to the following effect:
“I, A.B., upon whom a statement of claim or notice of action, authorized by the Municipal Elections Act, has been served for the purpose of contesting my right to the office of ..................................................., in the county (or district, etc.) of ......................................., hereby disclaim the office, and all defence of any right I may have to the same. |
Dated ........................................................ day of ...................., 19..... A.B.” |
R.S.O. 1990, c. M.53, s. 132.
Duplicate of disclaimer to clerk
133. (1) A person disclaiming shall deliver a duplicate of the disclaimer to the clerk of the municipality, and the clerk shall forthwith communicate it to the council or to the secretary of the local board, as the case requires.
Operates as resignation
(2) A disclaimer in accordance with section 131 or 132 operates as a resignation.
Relief from costs
(3) A disclaimer in accordance with section 132 relieves the person making it from all liability for costs in an action under section 122. R.S.O. 1990, c.M.53, s.133.
Proceedings for removal from office
134. Proceedings for the removal from office of a person whose election is alleged to have been undue or illegal, or who is alleged not to have been duly elected, and proceedings to have the right of a person to sit in a council or as trustee of a police village or as member of a local board, as the case may be, shall be determined and taken only under this Act. R.S.O. 1990, c.M.53, s.134.
Forms
135. (1) The Minister may by order prescribe the forms required for the purposes of this Act.
Notices in French language
(2) Any notices required to be posted, published or mailed under this Act may, in addition to being printed in the English language, be printed in the French language.
Determination by council of French-language forms, etc.
(3) The use in a municipality of forms prescribed in the French language or the printing of notices in the French language under subsection (2) shall be determined by by-law of the council of the municipality.
Other use of French and English
(4) A person required to use particular words by paragraph 3, 5 or 6 of subsection 60(1) or section 67, 76, 131 or 132 may use either the English words or the French words. R.S.O. 1990, c.M.53, s.135.
Election information in languages other than English
136. The council of a municipality may by by-law provide that any election related information, in addition to being printed in the English language, be printed in any other language reasonable in the circumstances. R.S.O. 1990, c.M.53, s.136.
Holidays
137. (1) Subject to subsection 12 (2), where any day specified in this Act for the undertaking of any proceeding pertaining to an election falls on a holiday, the day specified shall be deemed to be the immediately preceding day which is not a Sunday or a holiday.
Daylight saving time
(2) For the purpose of any proceedings under this Act, so long as the time commonly observed in the municipality or locality where the proceedings take place is one hour in advance of standard time, the time mentioned in this Act shall be reckoned in accordance with the time so commonly observed and not standard time. R.S.O. 1990, c.M.53, s.137.
PART II
Definitions
138. (1) In this Part,
“campaign expense” means an expense incurred for goods or services in relation to an election by or on behalf of a registered candidate for use in whole or in part for the purpose of the election of the registered candidate at the next election including the value of goods held in inventory, fees or expenses for services for any registered candidate and contributions of goods and services to the registered candidate, but does not include,
(a) audit and accounting fees,
(b) interest on loans under section 145,
(c) an expense incurred in holding a fund-raising function referred to in section 143,
(d) an expense incurred for victory parties held and appreciation notices published after the closing of the poll,
(e) an expense relating to a recount in respect of the election, and
(f) an expense relating to an action commenced under section 122; (“dépenses liées à la campagne électorale”)
“campaign period” means,
(a) in the case of a regular election, the period commencing on the 1st day of January of an election year and ending on the 31st day of March in the year following the election year, and
(b) in the case of a new election, the period commencing the day on which,
(i) an order to hold a new election is given in any judicial proceeding,
(ii) the council of the municipality passes a by-law to hold a new election,
(iii) the clerk receives from the secretary of a school board notice that a new election is required,
(iv) an order to hold a new election is given by the Minister under the Municipal Act, or
(v) the clerk sets the nomination day for a new election required by section 41 or 43,
and ending 135 days after the closing of the poll; (“période de campagne électorale”)
“contribution” means a contribution made to a person or representative of the person for purposes of the election of that person at the next election but does not include,
(a) any goods produced for a person by voluntary unpaid labour, and
(b) any service voluntarily performed for a person by an individual if the individual does not receive from any person or trade union, under an arrangement with the individual’s employer, compensation in excess of what the individual would normally receive during the period the service was performed; (“contribution”)
“municipality” means a city, town, village, police village, township or regional municipality; (“municipalité”)
“registered candidate” means a candidate registered under section 139; (“candidat inscrit”)
“trade union” means a trade union as defined in the Labour Relations Act or the Canada Labour Code (Canada) that holds bargaining rights for employees in Ontario to whom those Acts apply and includes any central, regional or district labour council in Ontario. (“syndicat”)
Associated corporations
(2) Corporations that are associated with one another under section 256 of the Income Tax Act (Canada) shall be considered as a single corporation for the purposes of this Act. R.S.O. 1990, c.M.53, s.138.
Registration
Registration of candidate
139. (1) Every person who proposes to be a candidate shall, no earlier than the 1st day of January of the election year and no later than nomination day, file with the clerk of the municipality who is responsible for the conduct of the election a notice of registration in the prescribed form setting out,
(a) the name of the office for which the candidate has been or proposes to be nominated;
(b) the name of the municipality in which the election is to be held or which is responsible for the conduct of the election;
(c) the full name and address of the registered candidate;
(d) the address of the place or places in the municipality or locality where records of the registered candidate are maintained and of the place in the municipality or locality to which communications may be addressed;
(e) the full names and addresses of the auditor and the chief financial officer, if any, of the registered candidate;
(f) the full names and addresses of all persons authorized by the registered candidate to accept contributions;
(g) the name and address of every bank, trust corporation or other financial institution in Ontario that is used by or on behalf of the registered candidate for the deposit of any contributions; and
(h) the full names and addresses of the persons, if any, responsible for making the deposits referred to in clause (g).
Registration in new elections
(2) In the case of a new election, the notice of registration referred to in subsection (1) shall be filed with the clerk no earlier than the day on which,
(a) an order to hold a new election is given in any judicial proceedings;
(b) the council of the municipality passes a by-law to hold a new election;
(c) the clerk receives from the secretary of the school board a copy of a resolution of the board indicating that a new election is required;
(d) an order to hold a new election is given by the Minister under the Municipal Act; or
(e) the clerk sets the nomination day for a new election required by section 41 or 43,
and no later than nomination day.
When candidate registered
(3) A person who files a notice of registration under subsection (1) becomes a registered candidate on the day of filing.
No contributions to unregistered candidate
(4) No person and no individual, corporation or trade union acting on behalf of any person shall solicit or accept contributions or incur expenses for the purposes of the election of that person at the next election at any time unless the person is a registered candidate.
Register
(5) The clerk shall keep a register of all notices of registration filed under this section.
Effective date of registration
(6) A notice of registration under subsection (1) may be filed with the clerk by registered mail in which case it shall be deemed to be filed on the day it is mailed.
Where registered candidate withdraws, etc.
(7) The campaign period with respect to a registered candidate shall be deemed to expire,
(a) where the nomination is withdrawn, on the day of the withdrawal; and
(b) where a nomination paper is not filed or the nomination is rejected by the clerk, on nomination day,
and the registered candidate or the chief financial officer shall file with the clerk the statement referred to in section 150.
Variation of register
(8) If the information referred to in subsection (1) is altered, the registered candidate shall immediately notify the clerk in writing of the alteration and, upon receipt of the notice, the clerk shall vary the register accordingly.
Change of office
(9) If a registered candidate changes the office for which he or she is registered under this section to another office on the same council, school board or local board, as the case may be, the registered candidate shall be deemed to be registered for the new office effective from the date the registered candidate was originally registered for an office on the council, school board or local board, as the case may be.
Onus
(10) The onus is on the person who proposes to be registered under this section to file a complete and accurate notice of registration. R.S.O. 1990, c.M.53, s.139.
Chief Financial Officers
Chief financial officer
140. (1) Every person who proposes to be a candidate may appoint a chief financial officer before or after filing the notice of registration with the clerk.
Replacement
(2) If the chief financial officer ceases to hold office, the registered candidate shall immediately appoint another chief financial officer and shall immediately give notice in writing to the clerk of the full name and address of the new chief financial officer.
Duties of chief financial officer
(3) The chief financial officer shall be responsible for ensuring that,
(a) proper records are kept of all receipts and expenses;
(b) one or more campaign accounts at financial institutions registered with the clerk under subsection 139(1) are opened exclusively for election campaign purposes in the name of the election campaign of the registered candidate;
(c) all money contributions are deposited into the accounts described in clause (b) and all payments for campaign expenses are made from the accounts described in clause (b);
(d) proper receipts are completed;
(e) the financial statements required under section 150 and the auditor’s report on the statements are filed with the clerk;
(f) contributions consisting of goods or services are valued and recorded; and
(g) proper direction is given to persons authorized to incur expenses.
Where no chief financial officer appointed
(4) If a registered candidate has not appointed a chief financial officer, the registered candidate is the chief financial officer. R.S.O. 1990, c.M.53, s.140.
Contributions
Contributions
141. (1) Contributions may be made only by individuals, corporations and trade unions and shall be made only to persons who are registered under this Part.
Restriction
(2) No person and no individual, corporation or trade union acting on behalf of a person shall solicit or accept a contribution except for persons who are registered under this Part.
How contributions of money to be made
(3) Money contributions to registered candidates in amounts in excess of $25 shall be made only by,
(a) a cheque having the name of the contributor legibly printed on it and drawn on an account in the contributor’s name;
(b) a money order signed by the contributor; or
(c) in the case of money contributions by an individual, the use of a credit card having the name of the individual contributor imprinted or embossed on it.
Deposit of funds
(4) All money accepted by or on behalf of a registered candidate shall be paid into an account registered with the clerk under section 139.
Refund of contributions
(5) If the registered candidate or the chief financial officer learns that any contribution received by or on behalf of the registered candidate was made or received in contravention of this Part, the registered candidate or the chief financial officer shall, within thirty days after so learning and upon obtaining the contributor’s copy of the receipt issued under section 142 in respect of that contribution, return the contribution or an amount equal to the sum contributed.
Change of office
(6) If a registered candidate changes the office for which he or she is registered under section 139 to an office other than an office on the same council, school board or local board, as the case may be, the registered candidate or the chief financial officer shall, within thirty days after the change and upon obtaining the contributor’s copy of the receipt issued under section 142 in respect of a contribution made to the registered candidate on or before the date of the change, return the contribution or an amount equal to the sum contributed.
Anonymous contributions payable to municipality
(7) Any contributions not returned to the contributor under subsection (5) or (6) or any anonymous contribution received by a registered candidate shall not be used or spent, but shall be paid over to the clerk and become part of the general funds of the municipality.
Limitation on contributions
(8) No individual, corporation or trade union shall, during any campaign period, make contributions in money, goods and services,
(a) to any registered candidate which in total exceeds $750 in value; or
(b) to any number of registered candidates registered for office on the same council, school board or local board, as the case may be, which in total exceeds $5,000 in value.
Registered candidate’s funds, spouses’s funds
(9) Any money used for an election campaign by a registered candidate out of the registered candidate’s own funds or those of the spouse of the registered candidate shall be considered to be a contribution for the purposes of this Part, but the limit on the total amount of contributions established under subsection (8) does not apply in respect of those funds. R.S.O. 1990, c.M.53, s.141.
Contributor to contribute only funds belonging to contributor
142. (1) No individual, corporation or trade union shall contribute to any registered candidate funds not actually belonging to that individual, corporation or trade union.
Exception
(2) Subsection (1) does not apply to the personal representative of the estate of a person who has died leaving a will where the deceased person has directed in the will that the personal representative make a contribution to a named registered candidate out of the funds of the estate.
Prohibition
(3) No registered candidate and no individual, corporation or trade union on behalf of the registered candidate shall solicit or accept any contribution contrary to subsection (1).
No funds from political parties, etc.
(4) No registered candidate shall accept funds from,
(a) a federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by such federal political party; or
(b) a provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act.
Receipts
(5) A registered candidate shall issue or cause to be issued receipts in the prescribed form for every contribution accepted.
Group contributions
(6) A contribution to a registered candidate made through an unincorporated association, including a partnership but excluding a trade union, shall be recorded by the association as to the individual sources and the amounts making up the contribution and a list of the individual sources and amounts shall be given to the registered candidate.
Application to amounts making up contribution
(7) The amounts making up a contribution under subsection (6) that are attributable to an individual, corporation or trade union are contributions of that individual, corporation or trade union for the purposes of subsection 141(8).
Receipt of excess contributions prohibited
(8) No registered candidate and no individual, corporation or trade union acting on behalf of the registered candidate shall solicit or accept any contributions in excess of the limits imposed under subsection 141(8).
Restriction on contributions
(9) No registered candidate shall directly or indirectly solicit or accept contributions from,
(a) an individual normally resident outside Ontario;
(b) a corporation that does not carry on business in Ontario; or
(c) a trade union other than a trade union as defined in this Part.
Trade unions, contributions
(10) Contributions of not more than 15 cents per month by a member of a bargaining unit represented by a trade union through payroll deductions shall not be considered contributions from an individual for the purpose of section 141 and this section, but any amount contributed to a registered candidate shall be deemed to be a contribution from the trade union.
Record of contributions
(11) A registered candidate shall keep a record of the value of every contribution, whether in the form of money, goods or services, and of the name and address of the contributor. R.S.O. 1990, c.M.53, s.142.
Definition
143. (1) In this section, “fund-raising function” means events or activities held for the purposes of raising funds for the election campaign of the person by whom or on whose behalf the function is held.
When fund-raising function to be held
(2) A fund-raising function shall be held only for a person who is registered under this Part.
Income to be reported
(3) The gross income from a fund-raising function shall be recorded and reported to the clerk by the registered candidate or the chief financial officer.
Charges as contribution
(4) Any charge made for a fund-raising function by the sale of tickets or otherwise shall be considered a contribution.
Where amounts to be considered contributions
(5) Any amount paid for goods or services offered for sale at a fund-raising function in excess of current market value shall be considered a contribution.
Collection of money at meetings
(6) If a meeting is held on behalf of or in relation to the affairs of a registered candidate and money is given in response to a general collection of money solicited from the persons in attendance at the meeting, no amount shall be given anonymously by any person in excess of $10 and the amounts so given shall be considered not to be contributions, but the gross amount collected shall be recorded and reported to the clerk by the registered candidate or the chief financial officer. R.S.O. 1990, c.M.53, s.143.
Restrictions respecting advertising
144. Sections 177 and 189 apply with necessary modifications to elections under this Part. R.S.O. 1990, c.M.53, s.144.
Borrowing
Borrowing
145. (1) A registered candidate may borrow from any bank or other recognized lending institution in Ontario, if the loan and its terms, including the name of any guarantor of a loan, are recorded by the registered candidate and reported to the clerk in the financial statement filed under subsection 150(1).
Limitation
(2) No registered candidate shall receive a loan from any individual, corporation, trade union or unincorporated association, other than from a bank or other recognized lending institution as set out in subsection (1). R.S.O. 1990, c.M.53, s.145.
Loan Guarantee
Guarantee of loan to registered candidates prohibited
146. (1) Subject to subsection (2), no individual, corporation, trade union or unincorporated association shall sign, co-sign or provide collateral security for any loan, monetary obligation or indebtedness for or on behalf of any registered candidate.
Exception
(2) An individual, corporation or trade union that is eligible to make a contribution may guarantee any loan referred to in subsection 145(1).
Guarantee as contribution
(3) A guarantee or a payment made by a guarantor in respect of a loan referred to in subsection 145(1) is considered to be a contribution under section 141. R.S.O. 1990, c.M.53, s.146.
Campaign Expenses
Authority to incur campaign expenses
147. (1) The campaign expenses of a registered candidate shall be incurred only under the direction of the registered candidate by persons authorized by the registered candidate.
Certificate of authority
(2) Every person authorized to incur a campaign expense shall, upon request, show a certificate, in the prescribed form, signed by the registered candidate as proof of the authority.
Record of campaign expenses
(3) Every registered candidate shall keep a record of all campaign expenses.
Limitation on campaign expenses
(4) The total campaign expenses incurred by a registered candidate in an election for the office of head of council of a municipality and any individual, corporation, trade union or unincorporated association acting on behalf of that registered candidate during the period commencing with the date of registration and ending on polling day shall not exceed the aggregate amount of $5,500 plus $0.50 per elector entitled to vote for the head of council.
Idem
(5) Subject to subsection (6), the total campaign expenses incurred by a registered candidate in an election for the office of,
(a) member of council, other than head of council, of a municipality;
(b) member of council of a regional municipality if this office is required to be filled by the vote of the electors of one or more area municipalities; or
(c) member of a school board or of a local board whose members are to be elected at elections required to be conducted by the same officers and in the same manner as elections of members of the council of a municipality,
and any individual, corporation, trade union or unincorporated association acting on behalf of the registered candidate during the period commencing with the date of registration and ending on polling day in the election shall not exceed the amount of $3,500 plus $0.50 per elector entitled to vote for that office.
Limitation on campaign expenses, ward elections
(6) If the municipality or the school board or local board jurisdiction is divided into wards and the election is for an office to represent the electors of one or more of the wards, the number of electors to be used in the calculation of the maximum amount of total campaign expenses that may be incurred by a registered candidate for the office shall be the total number of electors in the ward or wards, as the case may be.
Determination of number of electors by returning officer
(7) For the purpose of this section, the number of electors in a municipality or a school board or local board jurisdiction or a ward of the municipality or the school board or local board jurisdiction shall be determined by the clerk on the basis of information obtained from the polling list.
Calculation and certification of maximum campaign expenses by returning officer, etc.
(8) After determining the number of electors under subsection (7), the clerk shall calculate, for each office, the maximum amount of campaign expenses that may be incurred by a registered candidate under subsection (4), (5) or (6), as applicable, certify this amount in the prescribed form and, no later than ten days after nomination day, deliver or send by registered mail a copy of the certificate to each registered candidate for the office.
Certificate conclusive
(9) Certification of the maximum amount of total campaign expenses that may be incurred by a registered candidate for the office by the clerk under subsection (8) shall be conclusive evidence of that fact and shall not be open to challenge. R.S.O. 1990, c.M.53, s.147.
Time for submission of claims for payment
148. (1) Every individual, corporation or trade union that has any claim for payment in relation to a campaign expense shall submit the claim after polling day to the registered candidate who incurred the expense,
(a) in the case of a regular election, no later than the 31st day of March in the year following the election year; or
(b) in the case of a new election, no later than 135 days after polling day.
Payment of expenses by registered candidate
(2) Every payment of a campaign expense shall be made by the registered candidate or the chief financial officer who incurred or on whose behalf the campaign expense was incurred and, except where the campaign expense is less than $25, a receipt shall be obtained setting out the particulars and proof of payment.
Method of payment
(3) Payment of any campaign expense shall be made by cheque drawn on an account registered with the clerk under section 139.
Disputed claims
(4) If the registered candidate disputes or refuses to pay any claim for payment in relation to a campaign expense, that claim shall be considered to be a disputed claim. R.S.O. 1990, c.M.53, s.148.
Auditors
Appointment of auditor
149. (1) If contributions received by a registered candidate exceed $10,000 or expenses incurred by the registered candidate exceed $10,000 during the campaign period, the registered candidate shall appoint an auditor licensed under the Public Accountancy Act and shall immediately inform the clerk of the full name and address of the auditor.
Report of auditor
(2) The auditor shall make a report to the registered candidate or the chief financial officer of the registered candidate who appointed the auditor in respect of the financial statements, as required by section 150, and shall make such examination of the financial statements and supporting documentation as is necessary to enable the auditor to report on them in accordance with generally accepted auditing standards.
Change of auditors
(3) If an auditor appointed under subsection (1) ceases to hold office, ceases to be qualified under subsection (1) or becomes ineligible under subsection (4), the candidate shall immediately appoint another auditor licensed under the Public Accountancy Act and shall immediately notify the clerk of the full name and address of the auditor.
Persons not eligible to be auditors
(4) No election official and no registered candidate or chief financial officer of a registered candidate shall act as the auditor for the candidate, but nothing in this subsection makes ineligible the partners with whom or the firm with which this person is associated from acting as an auditor for the registered candidate.
Report of auditor
(5) If,
(a) the auditor has not received from the registered candidate or the chief financial officer all the information and explanation that is required to make the report; or
(b) proper accounting records have not been kept by the registered candidate or the chief financial officer,
the auditor shall make a statement to that effect in the report made under subsection (2).
Right of access
(6) An auditor appointed under subsection (1) shall have access at all reasonable times to the records, documents, books, accounts and vouchers of the registered candidate.
Co-operation required
(7) The registered candidate or the chief financial officer shall provide such information and explanation as is necessary to enable the auditor to make the report under subsection (2). R.S.O. 1990, c.M.53, s.149.
STATEMENTS, REPORTS AND
Statutory Declarations
Filing of financial statement
150. (1) Subject to subsections (3) and (4), every registered candidate shall file with the clerk who was the returning officer in the election a financial statement and auditor’s report in the prescribed form which shall contain,
(a) all income received and expenses incurred in the campaign period;
(b) a list of contributions in the form of goods or services and the value of them received by or on behalf of the registered candidate during the campaign period;
(c) the name, address and contribution of each individual, corporation or trade union that made one or more contributions, whether in the form of money, goods or services, if the total value of all contributions received from that contributor was more than $100; and
(d) a list of campaign expenses, paid and outstanding, incurred in a campaign period and a statement of disputed claims.
Idem
(2) The financial statement and auditor’s report under subsection (1) shall be filed,
(a) in the case of a regular election, no later than the 30th day of June in the year following the election year; or
(b) in the case of a new election, no later than 225 days after polling day.
Where report sufficient
(3) If the contributions received by or on behalf of a registered candidate do not exceed $10,000 and expenses incurred by or on behalf of the registered candidate do not exceed $10,000, the registered candidate may, instead of filing the financial statement required under subsection (1), file a report in the prescribed form containing the information required in subsection (1).
Where statutory declaration sufficient
(4) If the contributions received by or on behalf of a registered candidate do not exceed $2,000 and expenses incurred by or on behalf of such registered candidate do not exceed $2,000, the registered candidate may, instead of filing the financial statement required under subsection (1), file a statutory declaration, which includes the information described in clause (1)(c), to that effect.
Clerk to prepare statement
(5) After the time for the filing of a statement, report or declaration under subsection (1), (3) or (4) has expired, the clerk shall immediately prepare a statement in the prescribed form disclosing,
(a) the information received under this section; and
(b) the name of the registered candidate, if any, who failed to file a statement, report or declaration under this section,
and submit the statement to the council of the municipality, school board or local board, as the case may be.
Demand to candidate to file
(6) After the time prescribed for making full disclosure under subsection (1) has expired, the clerk shall immediately send by registered mail or deliver to a registered candidate who has failed to file a statement, report or declaration, a notice in the prescribed form demanding that the registered candidate file a statement, report or declaration within thirty days from the date of the notice.
Contents of demand notice
(7) The notice under subsection (6) shall state that the registered candidate, if elected, shall forfeit the office and that the registered candidate, whether elected or not elected, shall be ineligible to hold any office up to and including the next regular election if the registered candidate fails to file the statement, report or declaration within thirty days of the date of the notice.
Publishing notice of non-compliance
(8) The clerk shall post a notice of non-compliance in the prescribed form in two conspicuous places in the municipality and, where there is a newspaper having general circulation in the municipality, by publishing the notice in the newspaper.
Clerk to prepare supplementary statement
(9) After the thirty day period for the filing of a statement, report or declaration has expired, the clerk shall immediately prepare a supplementary statement in the prescribed form disclosing,
(a) any additional information received under this section; and
(b) the name of the registered candidate, if any, who failed to file a statement, report or declaration under this section, within the thirty day period allowed by subsection (6),
and submit the statement to the council of the municipality, school board or local board, as the case may be. R.S.O. 1990, c.M.53, s.150.
Surplus
151. (1) If the financial statement, report or statutory declaration of a registered candidate filed under section 150 shows a surplus, the surplus shall be immediately paid over to the clerk who was responsible for the conduct of the election who shall hold it in trust for the registered candidate for use in whole or in part by the registered candidate in the next regular election.
Release of funds
(2) The clerk shall not release the surplus held in trust for a candidate under subsection (1) to the candidate for use in whole or in part in the next regular election until the candidate has become registered under this Part for that election.
Idem
(3) If the candidate for whose benefit the surplus is held in trust under subsection (1) becomes registered under this Part for a new election that precedes the next regular election, the clerk shall release the surplus to the candidate for use in whole or in part in that new election.
Interest
(4) The amount released to the candidate under subsection (2) or (3) shall include the interest earned on the surplus while it was held in trust. R.S.O. 1990, c.M.53, s.151(1-4).
Surplus
(5) In any election, a surplus is the amount by which the total of,
(a) the contributions to the registered candidate; and
(b) the amount released to the registered candidate under subsection (2) or (3),
exceeds the total of,
(c) the campaign expenses of the registered candidate; and
(d) any deficit of the registered candidate carried forward from the immediately preceding election, if the office in respect of which the deficit was produced was an office on the same council, school board or local board, as the case may be, as the office in respect of which the surplus was produced. R.S.O. 1990, c.M.53, s.151(5); 1992, c.15, s.91(1).
Interpretation
(5.1) Despite the definition of “campaign expense” in subsection 138(1), for the purposes of subsection (5), “campaign expenses” include,
(a) auditing and accounting fees;
(b) interest on loans under section 145;
(c) expenses incurred in holding a fund-raising function referred to in section 143; and
(d) expenses incurred for victory parties held and appreciation notices published after the closing of the poll.
Idem
(5.2) For the purposes of subsection (5), a contribution includes,
(a) collections of money at meetings referred to in subsection 143(6);
(b) contributions by the registered candidate or the spouse of the registered candidate;
(c) interest income earned on campaign accounts; and
(d) revenue from the sale of election materials. 1992, c.15, s.91(2).
Deficit
(6) A deficit under clause (5)(d) is the amount by which, in respect of that preceding election, the total of the amounts described in clauses (5)(c) and (d) exceeds the total of the amounts described in clauses (5)(a) and (b).
Restriction
(7) No surplus shall be released under subsection (2) or (3) to the registered candidate for whose benefit it is held in trust if the office for which the candidate has been or will be nominated in the election is not on the same council, school board or local board, as the case may be, as the office in respect of which the surplus was produced.
Disposal of surplus
(8) The surplus shall be paid into the general funds of the municipality, school board or local board, as the case may be, if, in the next regular election, the candidate for whose benefit the surplus is held in trust under subsection (1),
(a) notifies the clerk in writing that the candidate does not intend to seek nomination;
(b) fails to be nominated;
(c) is ineligible to be nominated; or
(d) fails to become registered.
Idem
(9) Upon the passage of any by-law passed under section 164 or any resolution under section 165 or 166, any surplus held by the clerk under this section shall be paid into the general funds of the municipality, school board or local board, as the case may be. R.S.O. 1990, c.M.53, s.151(6-9).
Ineligibility respecting future elections
152. (1) If a registered candidate,
(a) fails to file a financial statement, a report or statutory declaration as required by section 150 within thirty days of the date of the notice sent under subsection 150(6); or
(b) on the face of the financial statement, report or statutory declaration filed as required by section 150, has incurred campaign expenses in excess of the amount permitted under section 147,
the registered candidate, in addition to any other penalty, is ineligible to be elected to or to hold any office up to and including the next regular election.
Forfeiture of office
(2) If a registered candidate fails to file the documents referred to in clause (1)(a), or on the face of the financial statement, report or statutory declaration has exceeded the amount referred to in clause (1)(b), the clerk shall within five days of the default give written notice of the default by registered mail or personal service to the registered candidate and the council, school board or local board, as the case may be, for which the registered candidate was registered to run for office, and any office to which the registered candidate was elected shall be deemed vacant and the registered candidate shall forfeit the office.
Service
(3) A notice served by registered mail under subsection (2) shall be deemed to be received on the fifth day after the day of mailing.
Effective date
(4) The penalties and disabilities under subsections (1) and (2) take effect,
(a) if the registered candidate does not apply under subsection (5), on the seventh day after the day the registered candidate receives notice under subsection (2); or
(b) if the registered candidate applies under subsection (5) and the application is refused, on the day the application is refused.
Application to judge
(5) A registered candidate who receives a notice under subsection (2) may, within six days after the day of receiving the notice, apply to a judge of the Ontario Court (Provincial Division) for an order declaring that the failure to file the documents referred to in clause (1)(a) or exceeding the amount referred to in clause (1)(b) was done through inadvertence or by reason of an error in judgement made in good faith.
Consequence of order
(6) If the judge grants the order under subsection (5), the registered candidate is not subject to the penalties and disabilities under subsections (1) and (2). R.S.O. 1990, c.M.53, s.152.
Offence
153. (1) A registered candidate who,
(a) files a financial statement, a report or a statutory declaration as required by section 150 that is either incorrect or does not comply with section 150 and fails to file a correction statement, report or declaration, as the case may be, within thirty days from the date the clerk files the statement under subsection 150(5); or
(b) incurs campaign expenses in excess of the amount permitted under section 147,
is guilty of an offence and on conviction, in addition to any other penalty, any office to which the registered candidate was elected shall be deemed vacant, the registered candidate shall forfeit the office and the registered candidate is ineligible to be elected to or to hold any office up to and including the next regular election.
Relief
(2) If the convicting court finds that the offence under subsection (1) was committed through inadvertence or by reason of an error in judgment made in good faith, the registered candidate is not subject to the penalties and disabilities under subsection (1). R.S.O. 1990, c.M.53, s.153.
Ineligibility
154. (1) If the financial statement, report or statutory declaration of a registered candidate who is not declared elected shows a surplus and the candidate fails to pay over the surplus to the clerk as required by section 151, the candidate is, in addition to any other penalty, ineligible to be nominated for or elected to any office or to hold any office for a period up to and including the next regular election, unless the candidate or chief financial officer has paid the surplus to the clerk.
Office declared vacant
(2) If the financial statement, report or statutory declaration of a registered candidate shows a surplus and the candidate fails to pay over the surplus to the clerk as required by section 151, the clerk shall notify in writing the candidate and the council, school board or local board, as the case may be, for which the candidate was registered to run for office, of the default and any office to which the candidate was elected shall be immediately declared vacant.
Penalties unaffected by vacancy
(3) The declaring of an office vacant does not relieve the candidate from any other penalty that may be imposed under this Act. R.S.O. 1990, c.M.53, s.154.
Access to Documents
Inspection of documents
155. (1) Documents, financial statements, reports and declarations filed with the clerk under this Part are public records and may be inspected by any person upon request at the office of the clerk during normal office hours.
Extracts and copies
(2) Any person may make extracts from the statements, reports or declarations referred to in subsection (1) and is entitled to copies thereof upon payment for the preparation of the copies at such rate as the clerk charges for the preparation of copies of other documents.
Not to be used for commercial solicitation
(3) No individual, corporation or trade union shall use any of the information contained in any document filed with the clerk under this Part for the purposes of commercial solicitation.
Section applicable to certain statements
(4) This section applies to a statement prepared by the clerk that is required to be submitted to the council of the municipality, the school board or local board under subsection 150(5) or (9). R.S.O. 1990, c.M.53, s.155.
Compliance Audit
Audit requested
156. (1) If, after the time for the filing of financial statements, reports or statutory declarations under section 150 has expired, an elector has reasonable grounds for believing that a registered candidate has contravened this Part, the elector may apply, in the prescribed form, to the clerk of the municipality with whom the registered candidate was registered under section 139, requesting that a compliance audit of the election campaign finances of the registered candidate be conducted.
Service
(2) Within five days of receiving an application under subsection (1), the clerk of the municipality shall, by personal service or registered mail, deliver a copy of the application to the clerk of the municipality or the secretary of the school board or of the local board, as the case may be, for which the registered candidate was registered as a candidate for office.
Consideration of request
(3) Within thirty days of receiving a copy of an application under subsection (2), the council of the municipality, the school board or the local board, as the case may be, shall consider the application and decide whether or not to appoint an auditor licensed under the Public Accountancy Act to conduct a compliance audit of the election campaign finances of the registered candidate.
Resolution required
(4) An appointment of the auditor under subsection (3) shall be in the form of a resolution.
Appeal to Commission
(5) If an application for a compliance audit is refused or the council, school board or local board, as the case may be, refuses or neglects to make a decision thereon within the thirty-day period under subsection (3), the elector may appeal to the Commission and the Commission shall consider the appeal and may appoint an auditor licensed under the Public Accountancy Act to conduct a compliance audit of the election campaign finances of the registered candidate. R.S.O. 1990, c.M.53, s.156.
Compliance audit
157. (1) Upon being appointed by the council of a municipality, a school board, a local board or the Commission under section 156, the auditor shall immediately conduct an audit of the election campaign finances of the registered candidate in order to determine whether or not the registered candidate has complied with this Part.
Idem
(2) A compliance audit under subsection (1) shall include an investigation and audit of,
(a) the financial statement, report or statutory declaration filed under section 150;
(b) the contribution receipts issued under subsection 142(5);
(c) the campaign expenses records under subsection 147(3);
(d) the records related to the campaign account registered with the clerk under section 139; and
(e) any other books, papers, documents or things relevant to the compliance audit.
Report of auditor
(3) Upon completion of the compliance audit, the auditor shall prepare a report outlining the apparent contraventions, if any, of this Part by the registered candidate and submit it to,
(a) the Commission;
(b) the registered candidate;
(c) the council of the municipality, the school board or the local board, as the case may be, for which the registered candidate was registered to run for office under section 139; and
(d) the clerk of the municipality who registered the registered candidate under section 139.
Powers of auditor
(4) For the purpose of performing a compliance audit under this Part, the auditor,
(a) has the right of access, at all reasonable hours, to all books, papers, documents or things of the registered candidate and of a municipality, school board or local board relevant to the compliance audit; and
(b) has the powers of a commission under Part II of the Public Inquiries Act which Part applies to the compliance audit as if it were an inquiry under that Act.
Costs
(5) The costs of the auditor incurred in performing a compliance audit shall be paid by the municipality, school board or local board, as the case may be, for which the registered candidate who was the subject of the compliance audit was registered to run for office.
Frivolous applications
(6) Despite subsection (5), if the Commission finds that an application under section 156 is frivolous or vexatious, the Commission may order all or any part of the costs paid by the municipality, school board or local board, as the case may be, to be recovered from the person who made the application and an action may be brought by the municipality, school board or local board to make the recovery.
Immunity respecting audit
(7) No action or other proceeding for damages shall be instituted against an auditor appointed under section 156 for any act done in good faith in the execution or intended execution of a compliance audit or for any alleged neglect or default in the execution in good faith of the compliance audit. R.S.O. 1990, c.M.53, s.157.
Legal proceeding
158. (1) The council of the municipality, the school board or the local board, as the case may be, shall within thirty days of receiving a report under clause 157(3)(c) consider the findings of the report and may, if it considers it appropriate, initiate legal proceedings against the registered candidate in respect of any contraventions of this Act which the report may reveal.
Commission to be notified
(2) If the council of the municipality, the school board or the local board, as the case may be, refuses to initiate legal proceedings under subsection (1), or refuses or neglects to make a decision thereon within thirty days of receiving the report, the clerk of the municipality or the secretary of the school board or of the local board, as the case may be, shall immediately notify the Commission in writing by registered mail of that fact.
Legal proceedings
(3) The Commission, after receiving the notice under subsection (2), shall consider the report and, if it considers it appropriate, initiate legal proceedings against the registered candidate in respect of any contraventions of this Act which the report may reveal. R.S.O. 1990, c.M.53, s.158.
Powers of Commission
Application of Election Finances Act
159. (1) Except as otherwise provided in this Part, the provisions of the Election Finances Act, relating to the powers and duties of the Commission apply with necessary modifications to the Commission acting under this Part.
Guidelines
(2) The Commission shall provide such guidelines for the proper administration of this Part as it considers necessary for the guidance of clerks.
Legal proceedings
(3) The Commission may initiate legal proceedings against any person in respect of a contravention of this Part. R.S.O. 1990, c.M.53, s.159.
Offences
Offence by corporation or trade union
160. (1) A corporation or trade union that contravenes any of sections 139 to 155 is guilty of an offence and on conviction is liable to a fine of not more than $25,000.
Offence
(2) An individual who contravenes any of sections 139 to 155, except subsection 141(8), is guilty of an offence and on conviction is liable to a fine of not more than $5,000.
Additional penalty
(3) If the total campaign expenses incurred by a registered candidate or any individual, corporation or trade union acting on behalf of the candidate during the campaign period exceeds the amount determined under section 147 for the office subject to election, the candidate, in addition to the fine set out in subsection (2), is liable to a fine equal to the amount by which the total campaign expenses of the candidate exceeded the amount determined under section 147. R.S.O. 1990, c.M.53, s.160.
One year limitation
161. No prosecution shall be instituted for a contravention of any of sections 139 to 155 more than one year after the facts upon which the prosecution is based first came to the knowledge of the informant. R.S.O. 1990, c.M.53, s.161.
Obstructing investigation, etc.
162. (1) No person shall obstruct a person making an investigation or examination under this Act or withhold or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation or examination.
False statements
(2) No person shall knowingly make a false statement in any application, return, financial statement or other document filed with the clerk under section 150 or 152. R.S.O. 1990, c.M.53, s.162.
PART III
Definitions
163. (1) In this Part,
“broadcasting undertaking” means a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada); (“entreprise de radiodiffusion”)
“campaign expense” means an expense incurred for goods or services in relation to an election by or on behalf of a registered candidate for use in whole or in part for the purpose of the election of the registered candidate at the next election including the value of goods held in inventory, fees or expenses for services for any registered candidate and contributions of goods and services to the registered candidate but not including,
(a) auditor’s and accounting fees,
(b) interest on loans authorized under section 187,
(c) an expense incurred in holding a fund-raising function referred to in section 178,
(d) an expense incurred for victory parties and appreciation notices published after closing of the poll,
(e) an expense relating to a recount in respect of the election,
(f) an expense relating to an action commenced under section 122, and
(g) other expenses not of partisan value that are set out in guidelines provided by the Commission; (“dépenses liées à la campagne électorale”)
“campaign period” means,
(a) in the case of a regular election, the period commencing on the 1st day of January of an election year and ending on the 31st day of March in the year following the election year, and
(b) in the case of a new election, the period commencing on the day on which,
(i) an order to hold a new election is given in any judicial proceeding,
(ii) the council of the municipality passes a by-law to hold a new election,
(iii) the clerk receives from the secretary of a school board notice that a new election is required,
(iv) an order to hold a new election is given by the Minister under the Municipal Act, or
(v) the clerk sets the nomination day for a new election required by section 41 or 43,
and ending 135 days after the closing of the poll; (“période de campagne électorale”)
“contribution” means a contribution made for the purposes of the election of a person but does not include,
(a) any goods produced for a person by voluntary unpaid labour, and
(b) any service voluntarily performed for a person by an individual if the individual does not receive from any person or trade union, under an arrangement with the individual’s employer, compensation in excess of what the individual would normally receive during the period the service was performed; (“contribution”)
“municipality” means a city, town, village, police village, township or regional municipality; (“municipalité”)
“news reporting” means interviews, commentaries or other works prepared for and published by any newspaper, magazine or other periodical publication or broadcast on the facilities of any broadcasting undertaking without charge to any candidate registered under this Part; (“reportage”)
“outdoor advertising facilities” means outdoor facilities provided by any person that is in the business of providing these facilities on a commercial basis for advertising purposes but does not include radio, television, newspaper, magazine or other periodical publications; (“moyen de publicité extérieure”)
“registered candidate” means a candidate registered under section 168; (“candidat inscrit”)
“trade union” has the same meaning as in Part II. (“syndicat”)
Associated corporations
(2) Corporations that are associated with one another under section 256 of the Income Tax Act (Canada) shall be considered as a single corporation for the purposes of this Act. R.S.O. 1990, c.M.53, s.163.
Application
Council may by by-law adopt this Part
164. (1) Despite Part II, the council of a municipality may pass a by-law to have this Part apply to elections for the office of member of council including the head of the council of the municipality.
Application of Part
(2) If a by-law is passed under subsection (1), this Part applies to the election of members of council.
By-laws to be sent to Commission and clerk
(3) If the council of a regional municipality passes a by-law under subsection (1), the clerk of the regional municipality shall send a copy of the by-law to the Commission and to the clerk of any area municipality who is responsible for the conduct of any election to the council of the regional municipality.
By-laws to be sent to Commission
(4) Where the council of a municipality, other than a regional municipality, passes a by-law under subsection (1), the clerk of the municipality shall send a copy of the by-law to the Commission. R.S.O. 1990, c.M.53, s.164.
School board may adopt this Part
165. (1) Despite Part II, where members of a school board are to be elected at elections to be conducted by the same officers and in the same manner as elections of members of the council of a municipality, the school board may pass a resolution to have this Part apply to elections of members of the board.
Application of Part
(2) If a resolution is passed under subsection (1), this Part applies to elections of members of the board.
Resolution of school board to be sent to Commission and clerk
(3) Where a school board passes a resolution under subsection (1), the secretary of the board shall send a copy of the resolution to the Commission and to the clerk of the municipality who is responsible for the conduct of the elections of the board. R.S.O. 1990, c.M.53, s.165.
Local board may adopt this Part
166. (1) Despite Part II, where members of a local board are to be elected at elections to be conducted by the same officers and in the same manner as elections of members of the council of a municipality, the local board may pass a resolution to have this Part apply to elections of members of the board.
Application of Part
(2) If a resolution is passed under subsection (1), this Part applies to elections of the board.
Resolution of local board to be sent to Commission and clerk
(3) Where a local board passes a resolution under subsection (1), the secretary of the local board shall send a copy of the resolution to the Commission and to the clerk of the municipality who is responsible for the conduct of the elections of the board. R.S.O. 1990, c.M.53, s.166.
When by-laws or resolution to be passed or repealed
167. (1) A by-law under section 164 or a resolution under section 165 or 166 shall be passed prior to the 1st day of January of an election year and, once passed, shall remain in force until repealed by a by-law of the council of the municipality or by a resolution of the school board or the local board, as the case may be, but no such repealing by-law or resolution shall be passed or take effect in an election year.
O.M.B. approval not required
(2) A by-law or resolution under this Part adopting Part III for the 1991 regular election or any subsequent election does not require the approval of the Ontario Municipal Board. R.S.O. 1990, c.M.53, s.167.
Registration
Application for registration
168. (1) Where the council of a municipality passes a by-law under section 164 or a school board or local board passes a resolution under section 165 or 166, every person seeking election to office on the council, school board or local board, as the case may be, shall, no earlier than the 1st day of January of the election year and no later than nomination day file with the clerk of the municipality who is responsible for the conduct of the election an application for registration in the form prescribed by the Commission.
Application, new elections
(2) In the case of a new election, the application for registration referred to in subsection (1) shall be filed with the clerk no earlier than the day on which,
(a) an order to hold a new election is given in any judicial proceedings;
(b) the council of the municipality passes a by-law to hold a new election;
(c) the clerk receives from the secretary of a school board a copy of a resolution of the board indicating that a new election is required;
(d) an order to hold a new election is given by the Minister under the Municipal Act; or
(e) the clerk sets the nomination day for a new election required by section 41 or 43,
and not later than nomination day.
Documents to Commission
(3) A copy of all documents filed with the clerk under this section shall be sent by prepaid registered mail to the Commission immediately upon their receipt.
No contributions to unregistered candidate
(4) No person and no individual, corporation or trade union acting on behalf of any person shall solicit or accept contributions or incur expenses for the purposes of the election of that person at the next election at any time unless the person is a registered candidate.
Register
(5) The Commission shall maintain a register of candidates in relation to each election and shall register in it any candidate whose application for registration is received from the clerk setting out,
(a) the name of the office for which the candidate has been or proposes to be nominated;
(b) the name of the municipality in which the election is to be held or which is responsible for the conduct of the election;
(c) the full name and address of the registered candidate;
(d) the address of the places in the municipality or locality where records of the registered candidate are maintained and of the place in the municipality or locality to which communications may be addressed;
(e) the full names and addresses of the auditor and the chief financial officer of the registered candidate;
(f) the full names and addresses of all persons authorized by the registered candidate to accept contributions;
(g) the name and address of every bank, trust corporation or other financial institution in Ontario that is used by or on behalf of the registered candidate for the deposit of any contributions; and
(h) the full names and addresses of the persons responsible for making the deposits referred to in clause (g).
Timing
(6) After the Commission has completed the registration or a variation of registration under this section, the registration or variation shall be deemed to have occurred on the day the application under subsection (1) or notice under subsection (8) was filed with the clerk, as the case may be.
Expiry of campaign period
(7) The campaign period with respect to a registered candidate shall be deemed to expire,
(a) where the nomination is withdrawn, on the day of the withdrawal; and
(b) where a nomination paper is not filed or the nomination is rejected by the clerk, on nomination day,
and the chief financial officer for that registered candidate shall file with the Commission the statement referred to in section 194 and at the same time file a copy of it with the clerk.
Notice of alteration
(8) If the information referred to in subsection (5) is altered, the candidate shall immediately file notice of the alteration with the clerk in writing and, upon receipt of the notice from the clerk, the Commission shall vary the register accordingly.
Change of office
(9) If a registered candidate changes the office for which he or she is registered under this section to another office on the same council, school board or local board, as the case may be, the registered candidate shall be deemed to be registered for the new office effective from the date the registered candidate was originally registered for an office on the council, school board or local board, as the case may be.
Onus
(10) The onus is on the person who proposes to be registered under this section to file a complete and accurate application for registration. R.S.O. 1990, c.M.53, s.168.
Notification by Commission to clerk
169. (1) After registering a candidate under section 168, the Commission shall notify in writing the clerk of the municipality who is responsible for the conduct of the election and indicate to the clerk,
(a) the full name and address of the registered candidate; and
(b) the name of the office for which the registered candidate has been, or will be nominated.
Clerk to maintain list of candidates
(2) The clerk shall maintain a list of all registered candidates and the office for which the registered candidate has been, or will be, nominated.
Notification of changes
(3) Where the full name and address of a registered candidate is varied by the Commission under subsection 168(8), the Commission shall immediately notify the clerk in writing of the variation, and, upon receipt of the notice, the clerk shall vary the list of registered candidates accordingly. R.S.O. 1990, c.M.53, s.169.
Chief Financial Officers
Chief financial officer
170. (1) Every person who is applying for registration under this Part, before filing an application with the clerk, shall appoint a chief financial officer.
Replacement
(2) If the chief financial officer ceases to hold office, the registered candidate shall immediately appoint another chief financial officer.
Duties of chief financial officer
(3) The chief financial officer shall be responsible for ensuring that,
(a) proper records are kept of all receipts and expenses;
(b) one or more campaign accounts at financial institutions registered with the Commission under section 168 are opened exclusively for election finance purposes in the name of the election campaign of the registered candidate;
(c) all money contributions are deposited into the accounts described in clause (b) and all payments for campaign expenses are made from the accounts described in clause (b);
(d) proper receipts are completed and dealt with in accordance with this Part;
(e) the financial statements as required by section 194 together with the auditor’s report on those statements, are filed with the Commission in accordance with this Part;
(f) contributions consisting of goods or services are valued and recorded in accordance with this Part; and
(g) proper direction is given to persons authorized to incur expenses. R.S.O. 1990, c.M.53, s.170.
Contributions
Contributions
171. (1) Contributions may be made only by individuals, corporations and trade unions and shall be made only to persons who are registered under this Part.
How contributions of money to be made
(2) Money contributions to registered candidates in amounts in excess of $25 shall be made only by,
(a) a cheque having the name of the contributor legibly printed or typed on it and drawn on an account in the contributor’s name;
(b) a money order signed by the contributor; or
(c) in the case of money contributions by an individual, the use of a credit card having the name of the individual contributor imprinted or embossed on it.
Deposit of funds
(3) All money accepted by or on behalf of a registered candidate shall be paid into an account on record with the Commission. R.S.O. 1990, c.M.53, s.171.
Refund of contributions
172. (1) If the chief financial officer learns that any contribution received by or on behalf of the registered candidate was made or received in contravention of this Part, the chief financial officer shall, within thirty days after so learning and upon obtaining the contributor’s copy of the receipt issued under section 180 in respect of that contribution, return the contribution or an amount equal to the sum contributed.
Where change of office
(2) If a registered candidate changes the office for which he or she is registered under section 168 to an office other than an office on the same council, school board or local board, as the case may be, the registered candidate or the chief financial officer shall, within thirty days after the change and upon obtaining the contributor’s copy of the receipt issued under section 180 in respect of a contribution made to the registered candidate on or before the date of the change, return the contribution or an amount equal to the sum contributed.
Anonymous contributions
(3) Any contributions not returned to the contributor in accordance with subsection (1) or (2) or any anonymous contribution received by a registered candidate shall not be used or spent, but shall be paid over to the Commission and become part of the general funds of the Commission to be used by the Commission in carrying out its responsibilities under this or any other Act. R.S.O. 1990, c.M.53, s.172.
Limitation on contributions
173. (1) No individual, corporation or trade union shall, during any campaign period, make contributions in money, goods and services,
(a) to any registered candidate which in total exceeds $750 in value; or
(b) to any number of registered candidates registered for office on the same council, school board or local board, as the case may be, which in total exceeds $5,000 in value.
Registered candidate’s funds, spouse’s funds
(2) Any money used for an election campaign by a registered candidate out of the candidate’s own funds or those of the spouse of the registered candidate shall be considered to be a contribution for the purposes of this Part, but the limit on the total amount or value of contributions established under subsection (1) does not apply in respect of those funds. R.S.O. 1990, c.M.53, s.173.
Contributor to contribute only funds belonging to contributors
174. (1) Subject to section 184, no individual, corporation or trade union shall contribute to any registered candidate funds not actually belonging to the individual, corporation or trade union.
Exception
(2) Subsection (1) does not apply to the personal representative of the estate of a person who has died leaving a will where the deceased person has directed in the will that the personal representative make a contribution to a named registered candidate out of the funds of the estate.
Prohibition
(3) No registered candidate and no individual, corporation or trade union on behalf of the candidate, shall solicit or accept any contribution contrary to subsection (1). R.S.O. 1990, c.M.53, s.174.
No funds from political parties, etc.
175. No registered candidate shall accept funds from,
(a) a federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or candidate at a federal election endorsed by that federal political party;
(b) a provincial political party, constituency association, candidate or leadership contestant registered under the Election Finances Act. R.S.O. 1990, c.M.53, s.175.
Determination of value of goods and services
176. (1) The value of goods and services provided as a contribution to a registered candidate is,
(a) where the contributor is in the business of supplying these goods and services, the lowest amount charged by the contributor for an equivalent amount of similar goods and services at or about the time and in the same market area;
(b) where the contributor is not in the business of supplying these goods or services, the lowest amount charged, at or about the time the goods or services are provided, by any other individual, corporation or trade union providing similar goods or services on a commercial retail basis in the same market area.
Where goods or services provided at less than value
(2) Where goods or services are provided to a registered candidate for a price that is less than the value of the goods or services as determined under subsection (1), the amount that the price is less than that value shall be a contribution for the purpose of this Part. R.S.O. 1990, c.M.53, s.176.
Political advertisements
177. (1) Where any individual, corporation or trade union, with the knowledge and consent of a registered candidate, promotes the election of the candidate or opposes the election of any other registered candidate by advertising on the facilities of any broadcast undertaking, by publishing an advertisement in a newspaper, magazine or other periodical publication, by printing leaflets, pamphlets or other documents or by the use of any outdoor advertising facility, the cost of the advertisement shall be considered to be a contribution and, if done during the campaign period, a campaign expense of the candidate with whose knowledge and consent the political advertising was done.
Idem
(2) Despite subsection (1), where political advertising is provided on the facilities of any broadcasting undertaking without charge to registered candidates in a particular municipality or school board or local board jurisdiction in accordance with the Broadcasting Act (Canada) and the regulations made and guidelines issued thereunder, such political broadcasts shall not be considered a contribution or a campaign expense.
Identity of sponsor of advertisement to be known
(3) No individual, corporation or trade union shall cause any political advertisement to be broadcast on the facilities of any broadcasting undertaking or published in any newspaper, magazine or other periodical publication or through the use of any outdoor advertising facility unless the broadcaster or publisher of the political advertisement is furnished with the identification, in writing, of the individual, corporation or trade union sponsoring the political advertisement.
Recordstobe maintained of political advertisement
(4) A broadcaster who broadcasts or a publisher who publishes a political advertisement shall maintain records for a period of two years after the date of the broadcast or publication setting out the advertisement, the charge for it and any material relating to identification furnished to the broadcaster or publisher in connection with the advertisement and shall permit the public to inspect these records during normal office hours.
Name of sponsor to be included in political advertising
(5) All political printed advertising, handbills, placards, posters and broadcast or telecast advertisements shall bear or make reference to the name of the individual, corporation or trade union sponsoring the political advertising.
Definitions
(6) In this section, “political advertisement” and “political advertising” mean any matter promoting or opposing the election of any registered candidate for which a fee is paid, but does not include news reporting. R.S.O. 1990, c.M.53, s.177.
Definition
178. (1) In this section, “fund-raising function” means events or activities held for the purposes of raising funds for the election campaign of the person by whom or on whose behalf the function is held.
When fund-raising function to be held
(2) A fund-raising function shall be held only for a person who is registered under this Part.
Income to be reported to Commission
(3) The gross income from any fund-raising function shall be recorded and reported to the Commission by the chief financial officer of the registered candidate who held the function or on whose behalf the function was held.
Charges as contributions
(4) Any charge made for a fund-raising function by the sale of tickets or otherwise shall be considered a contribution.
Excess payments considered contributions
(5) Any amount paid for goods or services offered for sale at a fund-raising function in excess of the highest amount charged, at or about the time the goods or services are provided, by any other person providing similar goods on a commercial basis in the same market area shall be considered a contribution. R.S.O. 1990, c.M.53, s.178.
Collections at meeting
179. (1) Where, at a meeting held on behalf of a registered candidate, money is given in response to a general collection of money solicited, no amount shall be given anonymously by any person in excess of $10.
Idem, reporting of amount
(2) The amounts given under subsection (1) shall be considered not to be contributions but the gross amount collected shall be recorded and reported to the Commission by the chief financial officer. R.S.O. 1990, c.M.53, s.179.
Receipts to be issued for contributions
180. (1) Every registered candidate shall issue or cause to be issued receipts in the form prescribed by the Commission for every contribution accepted.
Form of receipt
(2) A receipt prescribed by the Commission under subsection (1) shall provide, on its face, for the acknowledgment of the contribution accepted by or on behalf of the registered candidate and, on its back, for an application to the clerk of the municipality who was responsible for conducting the election for a tax credit that the contributor is eligible to receive under this Part on account of the contribution. R.S.O. 1990, c.M.53, s.180.
Group contributions
181. (1) A contribution to a registered candidate made through an unincorporated association, including a partnership but excluding a trade union, shall be recorded by the association as to the individual sources and the amounts making up the contribution and a list of the individual sources and amounts shall be given to the chief financial officer of the registered candidate.
Idem
(2) The amounts making up a contribution under subsection (1) that are attributable to any individual, corporation or trade union are contributions of that individual, corporation or trade union. R.S.O. 1990, c.M.53, s.181.
Prohibition
182. No registered candidate and no individual, corporation or trade union on behalf of the candidate shall solicit or accept any contributions in excess of the limits imposed by this Part. R.S.O. 1990, c.M.53, s.182.
Restriction on contributions
183. No registered candidate shall directly or indirectly solicit or accept contributions from,
(a) any individual normally resident outside Ontario;
(b) any corporation that does not carry on business in Ontario; or
(c) a trade union other than a trade union as defined in this Part. R.S.O. 1990, c.M.53, s.183.
Contributions by payroll deduction
184. Contributions of not more than 15 cents per month by any member of a bargaining unit represented by a trade union through payroll deductions shall not be considered contributions from an individual for the purpose of this Part, but any amounts contributed to a registered candidate from these funds shall be considered to be a contribution from the trade union. R.S.O. 1990, c.M.53, s.184.
Contributions not to be accepted by candidate directly
185. No contribution shall be accepted by a registered candidate except through the chief financial officer or other person on record with the Commission as authorized to accept contributions. R.S.O. 1990, c.M.53, s.185.
Record of contributions
186. Every registered candidate shall keep a record of the name and address of each contributor and the amount of each contribution whether in the form of money, goods or services received from each contributor. R.S.O. 1990, c.M.53, s.186.
Borrowing
Borrowing
187. (1) A registered candidate may borrow from any bank or other recognized lending institution in Ontario, if the loan and its terms, including the name of any guarantor of a loan, are recorded by the candidate and reported to the Commission.
Limitation
(2) No registered candidate shall receive a loan from any individual, corporation, trade union or unincorporated association, other than from a bank or other recognized lending institution as set out in subsection (1). R.S.O. 1990, c.M.53, s.187.
Loan Guarantee
Guarantee of loans to registered candidates prohibited
188. (1) Subject to subsection (2), no individual, corporation, trade union or unincorporated association shall sign, co-sign or provide collateral security for any loan, monetary obligation or indebtedness for or on behalf of any registered candidate.
Exception
(2) An individual, corporation or trade union that is eligible to make a contribution under this Part may guarantee any loan referred to in subsection 187(1).
Guarantee as contribution
(3) A guarantee or a payment made by a guarantor in respect of a loan referred to in subsection 187(1) is considered to be a contribution under section 173. R.S.O. 1990, c.M.53, s.188.
Campaign Advertising
Restriction on advertising
189. (1) No registered candidate and no individual, corporation or trade union acting with the candidate’s knowledge and consent shall, except during the period of twenty-eight days immediately preceding the day before polling day,
(a) advertise on the facilities of any broadcasting undertaking; or
(b) procure for publication, cause to be published or consent to the publication of an advertisement in a newspaper, magazine or other periodical publication or through the use of outdoor advertising facilities,
for the purposes of promoting or opposing the election of a registered candidate.
Idem
(2) No individual or corporation shall, during the period referred to in subsection (1), broadcast on the facilities of any broadcasting undertaking or publish in a newspaper, magazine or other periodical publication or through the use of outdoor advertising facilities an advertisement promoting or opposing the election of a registered candidate on behalf of any registered candidate or any individual, corporation or trade union acting with the candidate’s knowledge or consent.
Exemptions
(3) Subsections (1) and (2) do not apply to,
(a) advertising public meetings in the municipality or the jurisdiction of the school board or local board, as the case may be;
(b) announcing the location of the campaign headquarters of a candidate;
(c) advertising for volunteer campaign workers;
(d) announcing services for electors by candidates respecting the revision of the preliminary list and additions to the polling list;
(e) announcing services for electors on polling day; or
(f) any other matter respecting administrative functions of a candidate’s campaign headquarters,
if the advertisements, announcements and other matters are done in accordance with the guidelines of the Commission.
Idem
(4) Nothing contained in subsection (1) prohibits news reporting done in good faith during the period referred to in subsection (1) or the procuring for publication or the publishing of,
(a) an advertisement referred to in subsection (1) on the day immediately preceding polling day in a newspaper which is published in the municipality or in the jurisdiction of the school board or local board, as the case may be, not more frequently than once a week if the day of regular publication falls on the day immediately preceding polling day; or
(b) an advertisement referred to in subsection (1) on the day immediately preceding polling day and on polling day through the use of any outdoor advertising facility.
Idem, broadcasting
(5) Nothing in subsection (1) prohibits the broadcasting on the facilities of a broadcasting undertaking of news reporting done in good faith in accordance with the Broadcasting Act (Canada) and the regulations made and guidelines published thereunder during the period referred to in subsection (1).
Limitations on charges for broadcasting, publishing
(6) No individual or corporation shall,
(a) charge a registered candidate, or any person acting with the candidate’s knowledge and consent, a rate for broadcasting time on any broadcasting undertaking in the period beginning on the twenty-eighth day before the day immediately before polling day at an election and ending on the second day before polling day, that exceeds the lowest rate charged by the individual or corporation for an equal amount of equivalent time on the same facilities made available to any other person in that period; or
(b) charge a registered candidate, or any person acting with the candidate’s knowledge and consent, a rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in clause (a) that exceeds the lowest rate charged by the individual or corporation for an equivalent amount of advertising space in the same issue of the periodical or in any issue published or distributed and made public in that period. R.S.O. 1990, c.M.53, s.189.
Campaign Expenses
Authorized expenses
190. (1) The campaign expenses of a registered candidate shall be incurred only under the direction of the chief financial officer of the candidate by persons authorized by the chief financial officer.
Proof of authority
(2) Every person authorized to incur a campaign expense by a chief financial officer under subsection (1) shall, upon request, show a certificate, in the form prescribed by the Commission, signed by the chief financial officer as proof of the authority. R.S.O. 1990, c.M.53, s.190.
Limitation on campaign expenses, head of council
191. (1) The total campaign expenses incurred by a registered candidate in an election for the office of head of council of a municipality and any individual, corporation or trade union acting on behalf of that registered candidate during the period commencing with the date of registration and ending on polling day shall not exceed $5,500, plus $0.50 per elector entitled to vote for the head of council.
Idem, members of council, etc.
(2) Subject to subsection (3), the total campaign expenses incurred by a registered candidate in an election for the office of,
(a) member of council, other than head of council, of a municipality;
(b) member of council of a regional municipality where this office is required to be filled by the vote of the electors of one or more area municipalities;
(c) member of a school board if the members are to be elected at elections conducted by the same officers and in the same manner as elections of members of the council of a municipality; or
(d) member of a local board if the members are to be elected at elections conducted by the same officers and in the same manner as elections of members of the council of a municipality,
and any individual, corporation or trade union acting on behalf of that candidate during the period commencing with the date of registration and ending on polling day shall not exceed $3,500, plus $0.50 per elector entitled to vote for that office.
Campaign expenses, ward system
(3) Where the municipality, school board or local board jurisdiction is divided into wards and the election is for an office to represent the electors of one or more of those wards, the number of electors to be used in the calculation of the maximum amount of total campaign expenses that may be incurred by or on behalf of a registered candidate for the office shall be the total number of electors in the ward or wards, as the case may be.
Determination of number of electors
(4) For the purposes of this section, the number of electors in a municipality or a school board or local board jurisdiction or a ward of the municipality or the school board or local board jurisdiction shall be determined by the clerk on the basis of information obtained from the polling list.
Duties of clerk
(5) After determining the number of electors under subsection (4), the clerk shall calculate, for each office, the maximum amount of total campaign expenses that may be incurred by or on behalf of a registered candidate for an office under subsection (1) or (2), and certify this amount in the prescribed form and, no later than ten days after nomination day, deliver or cause to be delivered personally or send or cause to be sent by registered mail a copy of the certificate to each registered candidate for the office and to the Commission.
Clerk’s certificate conclusive
(6) Certification of the maximum amount of total campaign expenses that may be incurred by or on behalf of a registered candidate for the office by the clerk under subsection (5) is conclusive evidence of the fact. R.S.O. 1990, c.M.53, s.191.
Submission of payment claims
192. (1) Every individual who or corporation or trade union which has any claim for payment in relation to a campaign expense shall submit the claim to the chief financial officer of the registered candidate who incurred the expense,
(a) in the case of a regular election, no later than the 31st day of March in the year following the election year; or
(b) in the case of a new election, no later than 135 days after polling day.
Payment of claims
(2) Every payment of a campaign expense shall be made by the chief financial officer of the registered candidate who incurred the campaign expense and, except where the campaign expense is less than $25, the chief financial officer shall set out the particulars of payment.
Disputed claims
(3) Where the chief financial officer of a registered candidate disputes or refuses to pay any claim for payment in relation to a campaign expense, that claim shall be considered to be a disputed claim. R.S.O. 1990, c.M.53, s.192.
Auditors
Appointment of auditor
193. (1) Every candidate, at the time of appointing a chief financial officer, shall appoint an auditor licensed under the Public Accountancy Act.
Change of auditors
(2) If an auditor appointed under subsection (1) ceases to hold office, ceases to be qualified under subsection (1) or becomes ineligible under subsection (3), the candidate shall immediately appoint another auditor licensed under the Public Accountancy Act.
Persons not eligible to be auditors
(3) No election official and no registered candidate or chief financial officer of a registered candidate shall act as the auditor for the candidate, but nothing in this subsection makes ineligible the partners with whom or the firm with which this person is associated from acting as an auditor for the registered candidate.
Report of auditor
(4) The auditor shall make a report to the chief financial officer of the registered candidate who appointed the auditor in respect of the financial statements, as required by section 194, and shall make such examination of the financial statements and supporting documentation as is necessary to enable the auditor to report on them in accordance with generally accepted auditing standards.
Idem
(5) If,
(a) the auditor has not received from the chief financial officer all the information and explanation that is required; or
(b) proper accounting records have not been kept by the chief financial officer so far as appears from the auditor’s examination,
the auditor shall make a statement to that effect in the report made under subsection (4).
Right of access
(6) An auditor shall have access at all reasonable times to the records, documents, books, accounts and vouchers of the registered candidate.
Co-operation required
(7) The chief financial officer of the candidate shall provide such information and explanation as is necessary to enable the auditor to make the report under subsection (4). R.S.O. 1990, c.M.53, s.193.
Financial Statements
Filing of financial statements with Commission
194. (1) The chief financial officer of every registered candidate shall file with the Commission,
(a) a financial statement setting out,
(i) all income received and expenses incurred in the campaign period,
(ii) all campaign expenses, paid and outstanding, incurred in a campaign period and a statement of all disputed claims,
(iii) all contributions in the form of goods or services and the values of them received by or on behalf of the registered candidate during the campaign period, and
(iv) the name, address and contribution of each individual, corporation or trade union that made one or more contributions, whether in the form of money, goods or services, if the total value of all contributions received from that contributor is more than $100; and
(b) the auditor’s report on the financial statement.
Idem
(2) The financial statement and auditor’s report under subsection (1) shall be filed,
(a) in the case of a regular election, no later than the 30th day of June in the year following the election year; or
(b) in the case of a new election, no later than 225 days after polling day.
Filing of financial statements with clerk of municipality
(3) The chief financial officer shall, at the time of filing with the Commission, file a copy of the financial statement and the auditor’s report referred to under subsection (1) with the clerk of the municipality who was responsible for the conduct of the election for which the registered candidate was registered.
Commission to prepare statement
(4) After the time for the filing of a financial statement and auditor’s report has expired, the Commission shall immediately prepare a statement disclosing,
(a) the information received under this section; and
(b) the name of the registered candidate, if any, who failed to file a statement or report under this section,
and submit the statement to the council of the municipality, school board or local board, as the case may be.
Demand to candidate to file
(5) After the time for the filing of the financial statement and auditor’s report has expired, the Commission shall immediately send by registered mail or deliver to a registered candidate who has failed to file a statement and report, a notice in the form prescribed by the Commission demanding that the registered candidate file a financial statement and auditor’s report within thirty days from the date of the notice.
Contents of demand notice
(6) The notice under subsection (5) shall state that the registered candidate, if elected, shall forfeit the office and that the registered candidate, whether elected or not, is ineligible to hold any office up to and including the next regular election if the registered candidate fails to file the financial statement and auditor’s report within thirty days of the date of the notice.
Publication of notice
(7) The Commission shall publish the notice under subsection (5) in a newspaper having general circulation in the municipality.
Commission to prepare supplementary statement
(8) After the thirty day period for the filing of a statement and report has expired, the Commission shall immediately prepare a supplementary statement disclosing,
(a) any additional information received under this section; and
(b) the name of the registered candidate, if any, who failed to file a financial statement and auditor’s report within the thirty day period allowed under subsection (5),
and submit the statement to the council of the municipality, school board or local board, as the case may be. R.S.O. 1990, c.M.53, s.194.
Surplus
Surplus funds
195. (1) Where the financial statement of a registered candidate filed under section 194 shows a surplus, the surplus shall be immediately paid over to the clerk who was responsible for the conduct of the election who shall hold it in trust for the registered candidate for use in whole or in part by the registered candidate in the next regular election.
Release of funds, regular elections
(2) The clerk shall not release the surplus held in trust for a candidate under subsection (1) to the candidate for use in whole or in part in the next regular election until the clerk has been notified by the Commission under section 169 that the candidate has become registered under this Part for that election.
Idem, new elections
(3) Where the candidate for whose benefit the surplus is held in trust under subsection (1) becomes registered under this Part for a new election that precedes the next regular election, the clerk, upon being so notified by the Commission, shall release the surplus to the candidate for use in whole or in part in that new election. R.S.O. 1990, c.M.53, s.195(1-3).
Surplus
(4) In any election, a surplus is the amount by which the total of,
(a) the contributions to the registered candidate; and
(b) the amount released to the registered candidate under subsection (2) or (3),
exceeds the total of,
(c) the campaign expenses of the registered candidate; and
(d) any deficit of the registered candidate carried forward from the immediately preceding election if the office in respect of which the deficit was produced was an office on the same council, school board or local board, as the case may be, as the office in respect of which the surplus was produced. R.S.O. 1990, c.M.53, s.195(4); 1992, c.15, s.92(1).
Interpretation
(4.1) Despite the definition of “campaign expense” in subsection 163(1), for the purposes of subsection (4), “campaign expenses” include,
(a) auditor’s and accounting fees;
(b) interest on loans authorized under section 187;
(c) expenses incurred in holding a fund-raising function referred to in section 178; and
(d) expenses incurred for victory parties and appreciation notices published after closing of the poll.
Idem
(4.2) For the purposes of subsection (4), contribution includes,
(a) collections of money at meetings referred to in subsection 179(1);
(b) contributions by the registered candidate or the spouse of the registered candidate;
(c) interest income earned on campaign accounts; and
(d) revenue from the sale of election materials. 1992, c.15, s.92(2).
Deficit
(5) A deficit under clause (4) (d) is the amount by which, in respect of that preceding election, the total of the amounts described in clauses (4) (c) and (d) exceed the total of the amount described in clauses (4)(a) and (b).
Interest
(6) The amount released to the registered candidate under subsection (2) or (3) shall include the interest earned on the surplus while it was held in trust.
Restriction
(7) No surplus shall be released under subsection (2) or (3) to the registered candidate for whose benefit it is held in trust under subsection (1) where the office for which the candidate has been, or will be, nominated in the election is not on the same council, school board or local board, as the case may be, as the office in respect of which the surplus was produced.
Disposal of surplus
(8) Where the candidate for whose benefit the surplus is held in trust under subsection (1),
(a) notifies the clerk in writing that the candidate does not intend to seek nomination;
(b) fails to be nominated;
(c) is ineligible to be nominated; or
(d) fails to become registered,
in the next regular election, the surplus shall be paid into the general funds of the municipality, school board or local board, as the case may be.
Idem
(9) Upon the repeal of any by-law passed under section 164 or any resolution passed under section 165 or 166, any surplus held by the clerk under this section shall be paid into the general funds of the municipality, school board or local board, as the case may be. R.S.O. 1990, c.M.53, s.195(5-9).
Ineligibility respecting future elections
196. (1) If a registered candidate,
(a) fails to file a financial statement and auditor’s report within thirty days of the date of the notice sent under subsection 194(5);
(b) files a financial statement and auditor’s report that is either incorrect or does not comply with section 194 and fails to file a correction statement and report within thirty days from the date that the Commission files the statement under subsection 194(5); or
(c) incurs campaign expenses in excess of the amount permitted under section 191,
the registered candidate, in addition to any other penalty, is ineligible to be elected a member of the council, school board or local board or to hold office as a member thereof or to hold any other office up to and including the next regular election.
Forfeiture of office
(2) If a registered candidate fails to file the documents referred to in clause (1)(a) or (b) or has exceeded the amount referred to in clause (1)(c), the Commission shall within five days of the default notify in writing the registered candidate and the council, school board or local board, as the case may be, for which the registered candidate was registered to run for office of the default and any office to which the registered candidate was elected shall be deemed vacant and the registered candidate shall forfeit the office. R.S.O. 1990, c.M.53, s.196.
Ineligibility
197. (1) Where the financial statement of a registered candidate who is not declared elected shows a surplus and the chief financial officer of the candidate fails to pay over the surplus to the clerk as required by section 195, the candidate, in addition to any other penalty, is ineligible to be nominated for or elected to any office or to hold any office for a period up to and including the next regular election, unless the candidate or the chief financial officer has paid over the surplus to the clerk.
Office declared vacant
(2) If the financial statement of a registered candidate shows a surplus and the chief financial officer of the candidate fails to pay over the surplus to the clerk as required under section 195, the Commission shall notify in writing the candidate and the council, school board or local board, as the case may be, for which the candidate was registered to run for office of the default and any office to which the candidate was elected shall be immediately declared vacant.
Penalties unaffected by vacancy
(3) The declaring of an office vacant does not relieve the candidate from any other penalty that may be imposed under this Act. R.S.O. 1990, c.M.53, s.197.
Tax Credit
Tax credit
198. (1) Every individual who and every corporation or trade union which made a contribution to a candidate registered under this Part during the campaign period of an election may within one year of polling day apply, in the form prescribed by the Commission, to the clerk of the municipality who was responsible for conducting the election to receive a tax credit.
Amount of tax credit
(2) The tax credit which a contributor is eligible to receive under subsection (1) is an amount equal to,
(a) 75 per cent of the total amount contributed by the contributor to all candidates if the amount contributed does not exceed $100;
(b) $75 plus 50 per cent of the amount by which the total amount contributed by the contributor to all candidates exceeds $100 and does not exceed $400; or
(c) the lesser of,
(i) $225 plus 33 1/3 per cent of the amount by which the total amount contributed by the contributor to all candidates exceeds $400 if the total amount contributed exceeds $400, and
(ii) $350,
if payment of each amount that is included in the total amount contributed by the contributor to all registered candidates is proven by receipts in the form prescribed by the Commission that are signed by a recorded agent of the candidate.
Reduction of tax credits
(3) A tax credit under subsection (2),
(a) shall first be applied by the clerk to reduce any arrears in taxes or other debts then owing to the municipality by the contributor; and
(b) may be applied to offset current taxes, at the request of the contributor.
Payment of rebates
(4) Where the contributor does not owe any taxes or other debts to the municipality or does not make the request under clause (3)(b), the clerk shall pay to the contributor an amount equal to the amount of the tax credit which the contributor is eligible to receive under subsection (2).
Recovery of tax credit
(5) If the contribution upon which the application for a tax credit under subsection (1) is based was made to a registered candidate in an election for the office of chair or member of the council of a regional municipality and the member if elected would not be a member of council of an area municipality, the clerk shall recover the amount of the tax credit provided to any contributor under subsection (3) or (4) from the regional municipality by billing the regional municipality for that amount.
Idem
(6) If the contribution upon which the application for a tax credit under subsection (1) is based was made to a registered candidate in an election in which the registered candidate, if elected, would be a member of the council of a regional municipality and of an area municipality, the clerk shall recover from the regional municipality,
(a) where only the council of the regional municipality has adopted this Part, the amount of the tax credit provided to any contributor under subsection (3) or (4); and
(b) where the councils of the regional municipality and the area municipality have adopted this Part, one-half the amount of the tax credit provided to any contributor under subsection (3) or (4).
Recovery of tax credit from school board
(7) Where the contribution upon which the application for a tax credit under subsection (1) is based was made to a registered candidate in a school board election, the clerk shall recover the amount of the tax credit provided to any contributor under subsection (3) or (4) from the school board by billing the school board for that amount.
Recovery of tax credit from local board
(8) Where the contribution upon which the application for a tax credit under subsection (1) is based was made to a registered candidate in a local board election, the clerk shall recover the amount of the tax credit provided to any contributor under subsection (3) or (4) from the local board by billing the local board for that amount.
Condition for giving tax credits
(9) No tax credit shall be provided to a contributor under subsection (3) or (4) until the Commission has notified the clerk in writing that all of the financial statements and auditor’s reports filed with it by the chief financial officers of the registered candidates in the election as required by section 194 have been examined.
Time restriction
(10) Tax credits shall be issued to contributors only during the one-year period following receipt of the notice given by the Commission under subsection (9).
Refusal of tax credit
(11) No tax credit shall be provided to a contributor under subsection (3) or (4) for a contribution to a registered candidate where the chief financial officer of the candidate has failed to file the financial statement and auditor’s report required by section 194 or where the financial statement and auditor’s report of the candidate have been found by the Commission to be unsatisfactory.
Definition
(12) In this section, “tax credit” includes a rebate of contributions. R.S.O. 1990, c.M.53, s.198.
Access to Documents
Inspection of documents
199. (1) Documents filed with the Commission or the clerk of a municipality under this Part are public records and may be inspected by any person upon request at the office of the Commission or of the clerk during normal office hours.
Extracts and copies
(2) Any person may make extracts from the documents referred to in subsection (1) and is entitled to copies of the documents upon payment for the preparation of the copies at such rate as the Commission may determine or at such rate as the clerk charges for the preparation of copies of other documents.
Not to be used for commercial solicitation
(3) No individual, corporation or trade union shall use any of the information contained in any document filed with the Commission or the clerk under this Part for the purpose of commercial solicitation. R.S.O. 1990, c.M.53, s.199.
Forms
Form
200. All applications, returns, statements and other documents to be filed with the Commission shall be filed in the form prescribed by the Commission. R.S.O. 1990, c.M.53, s.200.
Powers and Duties of Commission
Powers and duties of Commission
201. (1) Except as otherwise provided in this Part, the provisions of the Election Finances Act, relating to the powers and duties of the Commission apply with necessary modifications to the Commission in the administration of this Part.
Guidelines
(2) The Commission shall provide such guidelines for the proper administration of this Part as it considers necessary for the guidance of clerks. R.S.O. 1990, c.M.53, s.201.
Offences
Offence, chief financial officer
202. (1) The chief financial officer of a registered candidate who contravenes section 194 is guilty of an offence and on conviction is liable to a fine of not more than $5,000.
Idem, candidate
(2) Where any contravention of this Part that is an offence by virtue of subsection (1) is committed by a chief financial officer of a registered candidate, the candidate for which the chief financial officer acts is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.202.
Offence, candidate
203. Where the total campaign expenses incurred by a registered candidate and any individual, corporation or trade union acting on behalf of the candidate during the campaign period exceeds the amount determined under section 191 for the office subject to election, the registered candidate is guilty of an offence and on conviction is liable to a fine of not more than $5,000 plus the amount by which the total campaign expenses of the candidate exceeded the amount determined under section 191. R.S.O. 1990, c.M.53, s.203.
Offence, candidate
204. Where the financial statement of a registered candidate shows a surplus and the surplus is not paid over to the clerk as required by section 195, the candidate is guilty of an offence and on conviction is liable to a fine of not more than $5,000 plus the amount of the surplus. R.S.O. 1990, c.M.53, s.204.
Offence, corporations, trade union
205. Every corporation or trade union that contravenes any of sections 168 to 199 is guilty of an offence and on conviction is liable to a fine of not more than $25,000. R.S.O. 1990, c.M.53, s.205.
Offence, individuals
206. Every individual who contravenes any of sections 168 to 199, except subsection 173(1), is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.206.
Obstruction prohibited
207. No person shall obstruct a person making an investigation or examination under this Part or withhold, conceal or destroy or alter any books, papers, documents or things relevant to the subject-matter of the investigation or examination. R.S.O. 1990, c.M.53, s.207.
Prohibition, false statements
208. No person shall knowingly make a false statement in any application, return, financial statement or other document filed with the Commission under this Part. R.S.O. 1990, c.M.53, s.208.
Prohibition, false information
209. No person shall knowingly give false information to a chief financial officer or other person authorized to accept contributions. R.S.O. 1990, c.M.53, s.209.
Prosecution of trade unions
210. (1) A prosecution for an offence under this Part may be instituted against a trade union in the name of the trade union and, for the purposes of any prosecution, the trade union shall be deemed to be a person.
Trade union liable for acts of agents
(2) Any act or thing done or omitted by an officer or agent of a trade union within the scope of the officer’s or agent’s authority on behalf of the trade union shall be deemed to be an act or thing done or omitted by the trade union. R.S.O. 1990, c.M.53, s.210.
Consent of Commission
211. No prosecution shall be instituted under this Part without the consent of the Commission and no prosecution shall be instituted more than one year after the facts upon which the prosecution is based first came to the knowledge of the Commission. R.S.O. 1990, c.M.53, s.211.
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