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Bill 307, Protecting Elections and Defending Democracy Act, 2021

Downey, Hon. Doug Attorney General

Royal Assent received. Statutes of Ontario 2021,

chapter 31

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Bill 307 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 307 and does not form part of the law.

Bill 307 has been enacted as

Chapter 31 of the Statutes of Ontario, 2021.

The

Election Finances Act is amended to re-enact

certain provisions. The Act is declared to operate despite sections 2 and 7 to

15 of the Canadian Charter of Rights and Freedoms

and despite the Human Rights Code.

Bill 307 2021

Act to amend the Election Finances Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section 37.0.1 of the Election Finances Act is

repealed and the following substituted:

Considerations

re political advertising

37.0.1 In determining whether

an advertisement is a political advertisement, the Chief Electoral Officer

shall consider, in addition to any other relevant factors,

(

a) whether

it is reasonable to conclude that the advertising was specifically planned to

coincide with the period referred to in

section 37.10.1;

(

b) whether

the formatting or branding of the advertisement is similar to a registered

political party’s or registered candidate’s formatting or branding or election

material;

(

c) whether

the advertising makes reference to the election, election day, voting day, or

similar terms;

(

d) whether

the advertisement makes reference to a registered political party or registered

candidate either directly or indirectly;

(

e) whether

there is a material increase in the normal volume of advertising conducted by

the person, organization, or entity;

(

f) whether

the advertising has historically occurred during the relevant time of the year;

(

g) whether

the advertising is consistent with previous advertising conducted by the

person, organization, or entity;

(

h) whether

the advertising is within the normal parameters of promotion of a specific program

or activity; and

(

i) whether

the content of the advertisement is similar to the political advertising of a

party, constituency association, nomination contestant, candidate or leadership

contestant registered under this Act.

Subsections 37.10.1 (2), (3) and (3.1) of the Act are repealed and the

following substituted:

Same,

non-election period

(2) No

third party shall spend,

(

a) more

than $24,000 in any electoral district for the purpose of third party political

advertising in that district during the 12-month period immediately before the

issue of a writ of election for a general election held in accordance with

subsection 9 (2) of the Election Act , multiplied by

the indexation factor determined under

section 40.1 for the calendar year in

which the election period begins and rounded to the nearest dollar; or

(

b) more

than $600,000 in total for the purposes of third party political advertising

during the 12-month period immediately before the issue of a writ of election

for a general election held in accordance with subsection 9 (2) of the Election Act , multiplied by the indexation factor

determined under

section 40.1 for the calendar year in which the election

period begins and rounded to the nearest dollar.

combination to exceed limit

(3) No

third party shall circumvent, or attempt to circumvent, a limit set out in this

section in any manner, including by,

(

a) acting

in collusion with another third party so that their combined political

advertising expenses exceed the applicable limit;

(

b) splitting

itself into two or more third parties;

(

c) colluding

with, including sharing information with, a registered party, registered

constituency association, registered candidate, registered leadership

contestant, or registered nomination contestant or any of their agents or

employees for the purpose of circumventing the limit;

(

d) sharing

a common vendor with one or more third parties that share a common advocacy,

cause or goal;

(

e) sharing

a common set of political contributors or donors with one or more third parties

that share a common advocacy, cause or goal;

(

f) sharing

information with one or more third parties that share a common advocacy, cause

or goal; or

(

g) using

funds obtained from a foreign source prior to the issue of a writ for an election.

Contributions

(3.1) Any

contribution from one third party to another third party for the purposes of

political advertising shall be deemed as part of the expenses of the

contributing third party.

election

(3.2) With

respect to the general election to be held in 2022 in accordance with

subsection 9 (2) of the Election Act , the relevant

period for the purposes of subsection (2) of this

section commences on the day

the Protecting Elections and Defending Democracy Act, 2021

receives Royal Assent.

Section 37.10.2 of the Act is repealed and the following substituted:

Interim

reporting requirements

37.10.2

(1) Every

third party shall promptly file the following interim reports with the Chief

Electoral Officer, in the prescribed form:

1. When

it has paid or committed to any person or entity to spend any funds on paid

political advertising, it shall report the amount spent or committed, with a

separate report being required each time its aggregate spending increases by an

amount of at least $1,000.

2. When

it has reached the applicable spending limit under

section 37.10.1, it shall

report that fact.

Posting

(2) The

Chief Electoral Officer shall publish every report filed under subsection

(1) on the website of the Chief Electoral Officer within two days of receiving it.

Percentage

(3) Based

on the interim reports, the Chief Electoral Officer shall determine the amounts

spent or committed to be spent by each third party as a percentage of the

maximum spending that is permitted for a third party under

section 37.10.1, and

publish the percentages on the website of the Chief Electoral Officer.

Purpose

(4) The

purpose of the percentages determined under subsection (3) is to permit persons

or entities that sell advertising to be aware that the third party is at risk

of exceeding its spending limit, and to make informed decisions about selling

advertising to the third party.

selling over limit

(5) No

person or entity shall sell advertising to a third party when the person should

reasonably be aware, based on the reporting under this section, that the sale

would cause the third party to exceed a limit imposed by

section 37.10.1.

The Act is amended by adding the following section:

Application

of Charter and Human Rights Code

53.1

(1) Pursuant

to subsection 33 (1) of the Canadian Charter of Rights and

Freedoms , this Act is declared to operate notwithstanding sections 2 and

7 to 15 of the Canadian Charter of Rights and Freedoms.

Human

Rights Code

(2) This

Act applies despite the Human Rights Code .

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The short

title of this Act is the Protecting

Elections and Defending Democracy Act, 2021 .

Bill 307 Original (PDF)

EXPLANATORY

NOTE

The

Election Finances Act is amended to re-enact

certain provisions. The Act is declared to operate despite sections 2 and 7 to

15 of the Canadian Charter of Rights and Freedoms

and despite the Human Rights Code.

Bill 307 2021

Act to amend the Election Finances Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section 37.0.1 of the Election Finances Act is

repealed and the following substituted:

Considerations

re political advertising

37.0.1 In determining whether

an advertisement is a political advertisement, the Chief Electoral Officer

shall consider, in addition to any other relevant factors,

(

a) whether

it is reasonable to conclude that the advertising was specifically planned to

coincide with the period referred to in

section 37.10.1;

(

b) whether

the formatting or branding of the advertisement is similar to a registered

political party’s or registered candidate’s formatting or branding or election

material;

(

c) whether

the advertising makes reference to the election, election day, voting day, or

similar terms;

(

d) whether

the advertisement makes reference to a registered political party or registered

candidate either directly or indirectly;

(

e) whether

there is a material increase in the normal volume of advertising conducted by

the person, organization, or entity;

(

f) whether

the advertising has historically occurred during the relevant time of the year;

(

g) whether

the advertising is consistent with previous advertising conducted by the

person, organization, or entity;

(

h) whether

the advertising is within the normal parameters of promotion of a specific

program or activity; and

(

i) whether

the content of the advertisement is similar to the political advertising of a

party, constituency association, nomination contestant, candidate or leadership

contestant registered under this Act.

Subsections 37.10.1 (2), (3) and (3.1) of the Act are repealed and the

following substituted:

Same,

non-election period

(2) No

third party shall spend,

(

a) more

than $24,000 in any electoral district for the purpose of third party political

advertising in that district during the 12-month period immediately before the

issue of a writ of election for a general election held in accordance with

subsection 9 (2) of the Election Act , multiplied by

the indexation factor determined under

section 40.1 for the calendar year in

which the election period begins and rounded to the nearest dollar; or

(

b) more

than $600,000 in total for the purposes of third party political advertising

during the 12-month period immediately before the issue of a writ of election

for a general election held in accordance with subsection 9 (2) of the Election Act , multiplied by the indexation factor

determined under

section 40.1 for the calendar year in which the election

period begins and rounded to the nearest dollar.

combination to exceed limit

(3) No

third party shall circumvent, or attempt to circumvent, a limit set out in this

section in any manner, including by,

(

a) acting

in collusion with another third party so that their combined political

advertising expenses exceed the applicable limit;

(

b) splitting

itself into two or more third parties;

(

c) colluding

with, including sharing information with, a registered party, registered

constituency association, registered candidate, registered leadership

contestant, or registered nomination contestant or any of their agents or

employees for the purpose of circumventing the limit;

(

d) sharing

a common vendor with one or more third parties that share a common advocacy,

cause or goal;

(

e) sharing

a common set of political contributors or donors with one or more third parties

that share a common advocacy, cause or goal;

(

f) sharing

information with one or more third parties that share a common advocacy, cause

or goal; or

(

g) using

funds obtained from a foreign source prior to the issue of a writ for an

election.

Contributions

(3.1) Any

contribution from one third party to another third party for the purposes of

political advertising shall be deemed as part of the expenses of the contributing

third party.

election

(3.2) With

respect to the general election to be held in 2022 in accordance with

subsection 9 (2) of the Election Act , the relevant

period for the purposes of subsection (2) of this

section commences on the day

the Protecting Elections and Defending Democracy Act, 2021

receives Royal Assent.

Section 37.10.2 of the Act is repealed and the following substituted:

Interim

reporting requirements

37.10.2

(1) Every

third party shall promptly file the following interim reports with the Chief

Electoral Officer, in the prescribed form:

1. When

it has paid or committed to any person or entity to spend any funds on paid

political advertising, it shall report the amount spent or committed, with a

separate report being required each time its aggregate spending increases by an

amount of at least $1,000.

2. When

it has reached the applicable spending limit under

section 37.10.1, it shall

report that fact.

Posting

(2) The

Chief Electoral Officer shall publish every report filed under subsection

(1) on the website of the Chief Electoral Officer within two days of receiving it.

Percentage

(3) Based

on the interim reports, the Chief Electoral Officer shall determine the amounts

spent or committed to be spent by each third party as a percentage of the

maximum spending that is permitted for a third party under

section 37.10.1, and

publish the percentages on the website of the Chief Electoral Officer.

Purpose

(4) The

purpose of the percentages determined under subsection (3) is to permit persons

or entities that sell advertising to be aware that the third party is at risk

of exceeding its spending limit, and to make informed decisions about selling

advertising to the third party.

selling over limit

(5) No

person or entity shall sell advertising to a third party when the person should

reasonably be aware, based on the reporting under this section, that the sale

would cause the third party to exceed a limit imposed by

section 37.10.1.

The Act is amended by adding the following section:

Application

of Charter and Human Rights Code

53.1

(1) Pursuant

to subsection 33 (1) of the Canadian Charter of Rights and

Freedoms , this Act is declared to operate notwithstanding sections 2 and

7 to 15 of the Canadian Charter of Rights and Freedoms.

Human

Rights Code

(2) This

Act applies despite the Human Rights Code .

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The short

title of this Act is the Protecting

Elections and Defending Democracy Act, 2021 .

Date Bill stage Event Outcome Committee

June 14, 2021

Royal Assent

Royal Assent received

June 14, 2021

Third Reading

Vote

Carried on division

June 14, 2021

Third Reading

Debated

June 14, 2021

Second Reading

Ordered for Third Reading pursuant to the Order of the House

June 14, 2021

Second Reading

Vote

Carried on division

June 14, 2021

Second Reading

Question put

June 14, 2021

Second Reading

Time allocated

June 12, 2021

Second Reading

Debated

June 10, 2021

First Reading

Vote

Carried on division

Debates and Progress

First Reading

June 10, 2021

Carried on recorded division.

Committee

Second Reading

June 12, 2021

Principal Debaters :

Hon. Doug Downey, Ms. Peggy Sattler, Mr. Wayne Gates, Ms. Sara Singh, Ms. Judith Monteith-Farrell, Mr. Faisal Hassan, Ms. Marit Stiles, Mr. Michael Coteau, Mr. Stephen Blais, Mr. Terence Kernaghan, Mr. Mike Schreiner, Ms. Bhutila Karpoche, Mr. John Fraser, Ms. Jill Andrew, Mr. Sol Mamakwa, Ms. Rima Berns-McGown, Ms. Jessica Bell, Mrs. Belinda C. Karahalios, Mr. Tom Rakocevic, Hon. Paul Calandra

Questions and Comments :

Mr. John Vanthof, Mr. David Piccini, Jill Dunlop, Mrs. Robin Martin, Ms. Goldie Ghamari, Hon. Lisa MacLeod, Mr. Rudy Cuzzetto, Mr. Jeremy Roberts, Mr. Stephen Crawford, Mr. Robert Bailey, Mr. Logan Kanapathi, Mr. Michael Mantha, M. Guy Bourgouin, Ms. Jane McKenna, Mr. Rick Nicholls, Mrs. Jennifer (Jennie) Stevens, Ms. Christine Hogarth, Mr. Kevin Yarde, Hon. Bill Walker, Mrs. Nina Tangri, Mr. Chris Glover, Hon. Ross Romano

June 12, 2021 (Continued)

Time Allocation

June 13, 2021

Ms. Andrea Khanjin, Mrs. Lisa Gretzky, Ms. Mitzie Hunter, Ms. Doly Begum, Mr. Roman Baber, Mr. Ian Arthur, Ms. Laura Mae Lindo, Ms. Teresa J. Armstrong, Mr. Joel Harden, Ms. Suze Morrison, Mr. Taras Natyshak, Miss Monique Taylor, Hon. Paul Calandra

Vote deferred.

Time Allocation

June 14, 2021

Carried on recorded division.

June 14, 2021

Carried on recorded division. Ordered for third reading pursuant to the order of the House.

Committee

Third Reading

June 14, 2021

Principal Debaters :

Hon. Doug Downey, Ms. Andrea Horwath

Carried on recorded division.

Royal Assent

Monday, June 14, 2021

Acts affected - Bill 307

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Election Finances Act

Legislative Assembly of Ontario

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