Election Statute Law Amendment Act, 2005 Bountrogianni, Hon. Marie Minister Responsible for Democratic Renewal — Bill 176 (38th Parliament, 1st Session)

Bill 176, 38-1

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Bill 176, Election Statute Law Amendment Act, 2005

Bountrogianni, Hon. Marie Minister Responsible for Democratic Renewal

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[38] Bill 176 Original (PDF)

Bill 176 2005

An Act to amend

the Election Act,

the Election Finances Act and

the Legislative Assembly Act,

to repeal the Representation Act, 1996

and to enact the

Representation Act, 2005

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca

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

Election Act

(1) The definition of "electoral district" in

section 1 of the Election Act is amended by striking out " Representation Act, 1996 " and substituting

" Representation Act, 2005 ".

(2) Sections 7.1 and 7.2 of the Act are repealed and the following substituted:

New Electoral Districts

Appointment of returning officers for new electoral districts

7.1

(1) During the transitional period described in subsection (2), the Lieutenant Governor in Council may appoint returning officers under subsection 7 (1) for the electoral districts established by

subsection 2 (1) of the Representation Act, 2005 as well as for the existing electoral districts referred to in subsection 2 (4) of that Act.

Same

(2) The transitional period begins on the date of Royal Assent and ends on the day of the first dissolution of the Legislature that follows the date of Royal Assent.

Same

(3) Any appointments of returning officers for the existing electoral districts that are still in effect expire on the last day of the transitional period.

Definition

(4) In this section,

"date of Royal Assent" means the day the Election Statute Law Amendment Act, 2005 receives Royal Assent.

(3) Section 9 of the Act is repealed and the following substituted:

Four-Year Terms

General elections at four-year intervals

Powers of Lieutenant Governor

(1) Nothing in this

section affects the powers of the Lieutenant Governor, including the power to dissolve the Legislature, by proclamation in Her Majesty's name, when the Lieutenant Governor sees

fit.

First Thursday in October

(2) Subject to the powers of the Lieutenant Governor referred to in subsection (1),

(

a) a general election shall be held on Thursday, October 4, 2007, unless a general election has been held, after the day on which the Election Statute Law Amendment Act, 2005 receives Royal Assent and before October 4, 2007, because

of a dissolution of the Legislature; and

(

b) thereafter, general elections shall be held on the first Thursday in October in the fourth calendar year following polling day in the most recent general election.

Dates for Writs, Close of Nominations

and Polling Day

Dates for writs, close of nominations and polling day

Application to all elections

9.1

(1) This

section applies to all elections.

Powers of Lieutenant Governor in Council

(2) When an election is to be held, the Lieutenant Governor in Council may,

(

a) order that the writ or writs for the election be issued; and

(

b) appoint and proclaim a day,

(

i) for the close of nominations and the grant of a poll where required, and

(ii) as polling day.

Date of writ

(3) A writ for an election shall be dated on a Wednesday.

Day for close of nominations and grant of poll

(4) The day for the close of nominations and the grant of a poll where required shall be the third Thursday after the date of the writ.

Polling day

(5) Polling day shall be the fifth Thursday after the date of the writ.

Alternate day

(6) If the Chief Election Officer is of the opinion that a Thursday that would otherwise be polling day is not suitable for that purpose because it is a day of cultural or religious significance, the Chief Election Officer shall

choose another day in accordance with subsection (7) and recommend to the Lieutenant Governor in Council that polling day should be that other day, and the Lieutenant Governor in Council may make an order to that effect.

Same

(7) The alternate day shall be one of the seven days following the Thursday that would otherwise be polling day.

Regular general election, time for order

(8) In the case of a general election under subsection 9 (2), an order under subsection (6) shall not be made after August 1 in the year in which the general election is to be held.

(4) Subparagraph 2 iv of subsection 17.1 (4) of the Act is repealed and the following substituted:

iv. any municipality in Ontario and its local boards.

(5) Clause 17.2 (

b) of the Act is repealed and the following substituted:

(

b) any municipality in Ontario and its local boards.

(6) The Act is amended by adding the following sections:

Representative Bodies of Electors

Definition

17.7 In sections 17.8 to 17.10,

"Minister" means the Minister Responsible for Democratic Renewal.

Regulations

17.8

(1) The Lieutenant Governor in Council may, by regulation,

(

a) provide that the Minister shall assemble a representative body of electors to consider specified matters relating to the reform, in the context of democratic renewal, of the statutes for which the Minister has responsibility;

(

b) specify the terms of reference of the representative body, including,

(

i) the matters described in clause (

a) that it shall consider,

(ii) with respect to each matter, whether the representative body shall make a recommendation or a decision,

(iii) the manner in which the representative body shall meet, deliberate, gather information and conduct hearings,

(iv) the date by which the representative body shall complete its work and submit a report to the Minister;

(

c) specify the number of members, and the number of alternates, if any, who shall compose the representative body, and prescribe eligibility criteria for members, and for alternates, if any;

(

d) specify the date by which the Chief Election Officer shall provide the list and personal information to the Minister under paragraph 6 of

section 17.9;

(

e) permit the Chief Election Officer to enter into a memorandum of understanding with the Minister;

(

f) deal with any other matter that is necessary or desirable to allow the representative body to perform its functions.

Amendment

(2) A regulation made under subsection (1) may be amended from time to time.

Duty of Chief Election Officer

17.9 When a regulation has been made under

section 17.8, the Chief Election Officer shall prepare the list of members, and of alternates, if any, and the necessary personal information in accordance with the

following rules:

1. The Chief Election Officer shall draw from the permanent register of electors a number of names that is large enough, in his or her opinion, to compose a pool of sufficient size for the purposes of paragraph 4.

2. The sampling methodology used under paragraph 1 shall be consistent with the prescribed eligibility criteria. In all other respects, the Chief Election Officer has discretion to establish the sampling methodology.

3. The Chief Election Officer shall contact each person whose name is in the pool, at the address shown in the permanent register of electors, to ask whether the person,

i. wishes to participate in the work of the representative body, and

ii. consents to the collection of the personal information that is necessary to,

A. determine eligibility in accordance with the prescribed eligibility criteria, and

B. allow the Minister to contact the person for the purpose of clause 17.8 (1) (a).

4. Once the persons whose names are in the pool and who have responded in the affirmative to both questions under paragraph 3 have all been identified, the Chief Election Officer shall select from among them the members, and the alternates, if

any, who will compose the representative body, in accordance with the prescribed eligibility criteria.

5. The selection methodology used under paragraph 4 shall be consistent with the prescribed eligibility criteria. In all other respects, the Chief Election Officer has discretion to establish the methodology.

6. The Chief Election Officer shall prepare a list of the persons selected under paragraph 4, together with the personal information described in subparagraph 3 ii, and shall provide the list and personal information to the Minister.

Duty of Minister

17.10 The Minister shall, for the purpose of complying with the regulations made under

section 17.8, collect, use and disclose the list and personal information mentioned in paragraph 6 of

section 17.9.

Conflict

17.11 In the event of conflict between sections 17.1 to 17.6 on the one hand and sections 17.7 to 17.10 on the other, sections 17.7 to 17.10 prevail, but only to the extent of any inconsistency.

Repeal

17.12 Sections 17.7 to 17.11 are repealed on October 4, 2007.

Report by Chief Election Officer

17.13 After the repeal of sections 17.7 to 17.11, the Chief Election Officer shall prepare a report on the operation of

section 17.9 and shall submit it to the Speaker of the Assembly, who shall cause the report to

be laid before the Assembly.

(7) The Act is amended by striking out "Ontario Court (Provincial Division)" wherever it appears in the following provisions and substituting in each case "Ontario Court of Justice":

1. Definition of "judge" in

section 70.

2. Subsection 71 (2).

Section 79.

(8) The Act is amended by striking out "Ontario Court (General Division)" wherever it appears in the following provisions and substituting in each case "Superior Court of Justice":

1. Subsection 78 (2).

2. Subsections 80 (2), (3), (5), (6), (7), (8) and (9).

3. Subsections 86 (2) and (5).

Section 87.

5. Subsection 99 (1) and clause 99 (5) (b).

6. Subsection 100 (1).

7. Subsection 101 (1).

8. Subsection 104 (3).

Section 105.

10. Subsections 106 (1) and (2).

Section 109.

12. Subsection 110 (1).

(9) The French version of subsection 80 (4) of the Act is amended by striking out "de la Cour de l'Ontario (Division générale)".

Election Finances Act

2. (1) Subsection 2 (1) of the Election Finances Act is amended by adding the following clause:

(j.2) publish, on a website on the Internet, the reports filed under

section 34.1 or the information contained in those reports;

(2) Subsection 2 (2) of the Act is amended by striking out "under subclause (1) (l) (ii)" and substituting "under clause (1) (j.2) or subclause (1) (l) (ii)".

(3) Subsection 2 (3) of the Act is amended by striking out "under subclause (1) (l)" and substituting "under clause (1) (j.2) or (l)".

(4) The Act is amended by adding the following section:

Disclosure of contributions

Application, amounts over $100

34.1 (1) Subsection (2) applies in respect of a single contribution in excess of $100 and contributions from a single source that in the aggregate exceed $100.

Disclosure

(2) A contribution shall be disclosed in accordance with subsection (3) if it is accepted,

(

a) on behalf of a registered political party,

(

i) in any year, excluding any campaign period all or part of which falls in that year, or

(ii) in any campaign period; or

(

b) on behalf of a registered leadership contestant, in the leadership contest period.

Report to Chief Election Officer

(3) Within five days after the contribution is deposited in accordance with subsection 16 (3), the chief financial officer of the political party or leadership contestant shall file with the Chief Election Officer a report about the

contribution.

Publication on website

(4) Within five days after the report is filed, the Chief Election Officer shall ensure that the report or the information it contains is published on a website on the Internet in accordance with clause 2 (1) (j.2).

Counting days

(5) For the purposes of subsections (3) and (4), Saturdays, Sundays and days that

Document details

Collection	Ontario — Bills
Citation	Bill 176, 38-1
Type	bill
Volume / chapter	p38 s1 bill 176 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3af2aaea99fabc94176a45568e2f47245e2eb74f

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