Recall Act, 2004 Flaherty, Jim — Bill 148 (38th Parliament, 1st Session)

Bill 148, 38-1

Ontario — Bills

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Bill 148, Recall Act, 2004

Flaherty, Jim

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[38] Bill 148 Original (PDF)

Bill 148 2004

An Act respecting

the recall of members of the

Legislative Assembly

CONTENTS

PART I

RECALL PETITION, RECALL REFERENDUM

AND BY-ELECTION

Definitions

Recall Petition

Application for recall petition

Issue of recall petition

Who may sign a recall petition

Who may canvass for signatures

Requirements for recall petition

Death or resignation of member

Requirement for submission of recall petitions

Time limit for determination

Result of successful recall petition

Recall Referendum

Recall referendum

Referendum question

Writ of referendum

Duty to register

Prohibition, receiving campaign contributions

Limit on campaign contributions

Campaign advertising as contribution

Period for campaign advertising

Limit on campaign expenses

Financial report

Application of Election Finances Act

Application of Election Act

Offences

By-Election

By-election

Prohibition on multiple by-elections with respect to the same electoral district

Application of Election Act

PART II

RECALL PETITION FINANCING

Financial Agent

Authorized participants

Financial agents of authorized participants

Appointment of financial agent

General obligations of financial agent

Assistant financial agent

Recall Contributions and Expenses

Recall contributions

Recall contributions through loans and debts

Recall contributions through fundraising functions

Recall expenses

General valuation rules

Making and Accepting Recall Contributions

Restrictions on making recall contributions

Restrictions on accepting recall contributions

Limits on anonymous contributions

Prohibited contributions to be returned

Financial agent to record each recall contribution

Recall Expenses

Restrictions on who may incur recall expenses

Recall expenses in excess of limit prohibited

Recall expenses limit

Reporting

Reporting of information regarding recall contributions

Recall financing report

Publication of financing

summary

Penalties for Failure to Comply

Publication of failure to comply

Effect of incurring expenses over limit

Court order for relief from expenses limit

Failure to file recall financing report

False or misleading reports relating to a recall petition

PART III

RECALL PETITION COMMUNICATIONS

General

Recall advertising

Sponsorship of recall advertising

No indirect sponsorship of recall advertising

Recall advertising shall identify sponsor

Restriction on rates charged for recall advertising

Registration of Sponsors

Recall advertising sponsors shall be registered

Registration with Chief Election Officer

Obligations of registered sponsor

Limit on registration

Disclosure of Independent Recall Advertising

Independent sponsors to file disclosure reports

Contents of disclosure report

Failure to file reports

Obligation to maintain records

Publication of recall advertising

summary

PART IV

OFFENCES

Prosecution of organizations and their directors and agents

Defence of due diligence

Signature and vote buying offences

Intimidation offences

Wrongful signing and voting

Offences in relation to canvassing for signatures

Offences in relation to financing

Offences in relation to recall advertising and promotion

Offences in relation to false or misleading information

Offence in relation to disclosure or use of information

Penalties under this Part are in addition to any others

Limitation

PART V

GENERAL

Delivery of notices

Filing documents with Chief Election Officer

Access to and use of information in records

Enforcement of Act by Chief Election Officer

Emergencies and other extraordinary circumstances

Regulations by L.G. in C.

Additional powers of the Chief Election Officer

Commencement

Short title

___________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

RECALL PETITION, RECALL REFERENDUM

AND BY-ELECTION

Definitions

(1) In this Act,

"authorized participant" means an authorized participant within the meaning of

section 27; ("participant autorisé")

"contribution", in relation to recall advertising, means a contribution of money provided to a sponsor of such advertising, whether given before or after the individual or organization acts as a sponsor; ("contribution")

"expenses limit" means the applicable limit established under

section 44 for recall expenses; ("plafond des dépenses")

"financial agent" means a financial agent under

section 29; ("agent financier")

"incur" means, in relation to a recall expense, using property or services in a manner that the value of the property or services is such an expense; ("engager")

"member" means a member of the Legislative Assembly of Ontario; ("député")

"personal recall expenses" means personal recall expenses within the meaning of

section 35; ("dépenses personnelles liées à la révocation")

"petition" means a recall petition; ("pétition")

"proponent" means the registered voter who applied for the issuance of the recall petition, and, in relation to Parts II and III, includes an individual who intends to become a proponent or who was a proponent; ("promoteur")

"recall advertising" means recall advertising within the meaning of

section 53; ("publicité liée à la révocation")

"recall contribution" means a recall contribution within the meaning of

Part II; ("contribution liée à la révocation")

"recall expense" means a recall expense within the meaning of

Part II; ("dépense liée à la révocation")

"recall petition" means a petition issued by the Chief Election Officer under this Act for the recall of a member; ("pétition en révocation")

"recall petition period" means the period starting on the day on which a recall petition application is approved in principle by the Chief Election Officer and ending,

(

a) on the last day under subsection 3 (2) for signing the petition, or

(

b) if this is earlier, on the day on which the petition is submitted to the Chief Election Officer in accordance with

section 6; ("période de signature d'une pétition")

"registered sponsor" means a sponsor registered under

Part III in relation to recall advertising; ("parrain inscrit")

"registered voter" means a voter who is registered as an elector on the permanent register of electors under the Election Act for an electoral district; ("votant inscrit")

"value", in relation to recall advertising, means,

(

a) the price paid for preparing and conducting the advertising, including publishing it, or

(

b) the market value of preparing and conducting the advertising, including publishing it, if no price is paid or if the price paid is lower than the market value. ("valeur")

Same

(2) Subject to subsection (1), words and expressions used in this Act have the meanings given to them in the Election Act .

Recall Petition

Application for recall petition

(1) A registered voter for an electoral district may apply under subsection (2) for the issuance of a petition for the recall of the member for that electoral district.

Contents of application

(2) The application for the issuance of a recall petition shall be made to the Chief Election Officer and contain,

(

a) the name of the member;

(

b) the name and residential address of the applicant;

(

c) a statement, not exceeding 250 words, setting out why, in the opinion of the applicant, the recall of the member is warranted;

(

d) a declaration of the applicant that he or she is not disqualified under this Act from making the application; and

(

e) any other information that may be prescribed.

Fee

(3) The application for the issuance of a recall petition shall be accompanied by a processing fee of $50.

Time for application

(4) No application for the issuance of a recall petition may be made during the 12 months following the day of the general election at which the member was last elected.

Same

(5) No application for the issuance of a recall petition may be made more than 48 months following the day of the general election at which the member was last elected.

Only one petition

(6) Once a recall petition has been issued for an electoral district, no other recall petition may be issued until the recall petition has been the subject of a determination under

section 9.

Issue of recall petition

(1) If satisfied that the requirements of

section 2 have been met, the Chief Election Officer shall,

(

a) notify the proponent, the member in relation to whom the petition is to be issued and the Speaker that the application has been approved in principle; and

(

b) issue the petition in the form set out in the regulations within seven days after notice is given in accordance with clause (a).

Time for obtaining signatures

(2) A recall petition shall be signed within 60 days from the date on which it is issued by the Chief Election Officer.

Inspection of application

(3) Once an application has received approval in principle, it may be inspected at the office of the Chief Election Officer during its regular office hours.

Who may sign a recall petition

(1) In order to sign a recall petition, an individual shall be a registered voter for the electoral district to which the petition relates on the date he or she signs the petition.

Only one signature

(2) An individual may sign any one recall petition only once.

Address

(3) An individual who signs a recall petition shall also indicate his or her residential address on the petition.

Who may canvass for signatures

(1) A registered voter may canvass for signatures on a recall petition if, before the date on which he or she begins canvassing,

(

a) the voter has been resident in Ontario for at least six months; and

(

b) the voter has registered his or her name and residential address with the Chief Election Officer.

Accepting inducement prohibited

(2) A person shall not directly or indirectly accept any inducement for canvassing for signatures on a recall petition.

Offering inducement prohibited

(3) A person shall not directly or indirectly pay, give, lend or procure any inducement for a person who canvasses for signatures on a recall petition.

Alteration to petition by canvasser

(4) A person who canvasses for signatures on a recall petition shall not alter the names and addresses provided by the persons who sign a recall petition except that the person may strike out a signature and address where the person

signing has made an error, for the purpose of having the person sign the petition correctly.

Access to permanent register of electors

(5) The Chief Election Officer shall allow a person who is canvassing for signatures on a recall petition under this

section to have access to the permanent register for electors for the electoral district, if the person provides a

signed oath that he or she will protect and maintain the confidentiality of the register.

Requirements for recall petition

(1) A recall petition shall,

(

a) be submitted to the Chief Election Officer within 60 days after the date on which the petition was issued under

section 3;

(

b) be signed by more than 25 per cent of the total number of individuals who are entitled to sign the recall petition under

section 4.

Address and witness signature

(2) To be counted for the purpose of clause (1) (b), a signature on the petition shall be accompanied by the residential address of the individual who signed and shall be witnessed by the individual who canvassed the signa

Document details

Collection	Ontario — Bills
Citation	Bill 148, 38-1
Type	bill
Volume / chapter	p38 s1 bill 148 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	09a5b753df3ef7635a6709e8c1e4dd1c677082c2

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