Ontario Bill 254 (42nd Parliament, 1st Session)

Bill 254, 42-1

Ontario — Bills

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Bill 254, Protecting Ontario Elections Act, 2021

Downey, Hon. Doug Attorney General

Royal Assent received. Statutes of Ontario 2021,

chapter 5

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Bill 254 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 254 and does not form part of the law.

Bill 254 has been enacted as

Chapter 5 of the Statutes of Ontario, 2021.

The

Election Act and the Election

Finances Act are amended. Among the changes:

1. The

Chief Electoral Officer (“the CEO”) is to establish an advisory committee on

voting equipment and vote counting equipment.

2. The

powers of the CEO with respect to designating advance polls are expanded.

3. Independent

members of the Assembly are allowed to endorse constituency associations.

4. The

amounts of authorized contributions are increased.

5. The

quarterly allowances to registered parties are continued until January 1, 2025.

Their amounts are increased and adjustments are made to their timing.

6. Adjustments

are made to the rules respecting collusion with third parties.

7. Administrative

penalties for certain contraventions are provided for.

The

Members’ Integrity Act, 1994 is amended to provide

with any matters a member wishes to bring to the attention of the public,

including partisan matters, subject to any applicable rules, guidelines and

legislation, and may be continued after the dissolution of the Assembly and

during and after an election period. Members of the Executive Council will also

be subject to any additional rules or guidelines approved by the Executive

Council.

Multiple

amendments are made to the Municipal Elections Act, 1996 .

Some of the more significant amendments are outlined below.

Section

14 is amended to provide an exception for filing documents under

section 33, 44

or 88.6 bearing only original signatures if the clerk has provided for

electronic filing of the document. Sections 33 and 88.6 are amended to allow

the clerk to provide for electronic filing under these sections.

Section

33 is further amended to provide that endorsements of a nomination that is

filed electronically must still be collected as original signatures and that a

person who files a nomination that must be endorsed shall retain the copy of

the document bearing the original endorsement signatures.

Section

88.6 is further amended to provide that a registered third party may withdraw

their registration by filing a written withdrawal in the clerk’s office during

the time for filing a notice of registration, and to provide that if a

registered third party files a nomination under

section 33, the party’s

registration is deemed to have been withdrawn at the time the nomination is

filed.

Bill 254 2021

Act to amend various Acts with respect to elections and members of the Assembly

Contents

of this Act

Commencement

Short

title

Schedule 1

Election

Act

Schedule 2

Election

Finances Act

Schedule 3

Members’

Integrity Act, 1994

Schedule 4

Municipal

Elections Act, 1996

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and (3), this

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

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Protecting

Ontario Elections Act, 2021 .

Schedule 1

Election Act

The Election Act is amended by adding the following

section:

Advisory

committee, voting equipment and vote counting equipment

4.5.1

(1) The

Chief Electoral Officer shall establish an advisory committee on voting

equipment and vote counting equipment consisting of,

(

a) one

or two members appointed by each registered party represented in the Assembly; and

(

b) at

least one and not more than three members who do not represent a registered

party.

Mandate

(2) The

advisory committee shall provide recommendations, when consulted by the Chief

Electoral Officer, concerning standards for voting equipment and vote counting

equipment used in elections under this Act.

Subsection 9.1 (7) of the Act is amended by adding “but shall not be a Saturday,

Sunday or a day that is a public holiday as defined in the Employment Standards Act, 2000 ” at the end.

Section 17.2 of the Act is amended by striking out “and” at the end of clause

(b), by adding “and” at the end of clause (c), and by adding the following

clause:

(

d) any

district social services administration board established under the District Social Services Administration Boards Act .

Subsection 27.2 (5) of the Act is repealed and the following substituted:

Certificate

(5) When

the nomination paper has been accepted for filing, the Chief Electoral Officer may

issue a certificate to the prospective candidate, indicating that,

(

a) he

or she will be a candidate in the election; and

(

b) that

during the period before the date the writ of election is issued, he or she may

be referred to as a pre-certified candidate, and after the writ of election is

issued, as a candidate.

Expiry

(5.1) A

certificate under subsection (5) ceases to be valid if a writ of election is

not issued within six months after the issuance of the certificate.

Certificate

final

(5.2) Subject

to subsection (5.1), a certificate under subsection (5) is final, and the

validity of the nomination is not open to question upon any ground whatsoever.

(1) Clause 44 (2) (

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

(

c) at

designated other locations as determined under subsection (2.1).

(2) Section

44 of the Act is amended by adding the following subsection:

Same

(2.1) The

Chief Electoral Officer shall determine, in consultation with the returning

officer, the dates and times when advance polls shall be open at designated

other locations, subject to the following rules:

1. The

hours during which advance polls are open at designated other locations may

vary from one location to another.

2. During

the 10-day period provided for in clause (2) (b), at least one advance poll at

a designated other location in the electoral district shall be open for some

part of each day.

3. It

is not necessary for a particular designated other location to have an advance poll

that is open on all 10 days.

(3) The

French version of subsection 44 (5) of the Act is amended by striking out

“endroits désignés” and substituting “emplacements désignés”.

Commencement

This

Schedule comes into force on the day the Protecting

Ontario Elections Act, 2021 receives Royal Assent.

Schedule 2

election Finances Act

(1) The definition of “constituency association” in subsection 1

(1) of the Election Finances Act is repealed and the

following substituted:

“constituency

association”, in an electoral district, means the association or organization

endorsed by a registered party or an independent member as the official

association of that party or that member in the electoral district;

(“association de circonscription”)

(2) Subsection

1 (1) of the Act is amended by adding the following

definitions:

“independent

member” means a member of the Assembly who is not affiliated with a registered

party in the Assembly; (“député indépendant”)

“pre-certified

candidate” means an individual whose nomination paper has been accepted for

filing and who has been issued a certificate by the Chief Electoral Officer

under subsection 27.2 (5) of the Election Act

before the date a writ of election is issued; (“candidat doté d’une attestation

préalable”)

(1) Clause 2 (1) (

a) of the Act is amended by striking out

“nomination contestants”.

(2) Clause

2 (1) (

b) of the Act is amended by striking out “registered nomination

contestant”.

(3) Clause

2 (1) (

d) of the Act is amended by striking out “registered nomination

contestant”.

(4) Subsection

2 (1) of the Act is amended by adding the following clause:

(d.1) use

administrative penalties to promote compliance with this Act and the Election Act ;

(5) Clause

2 (1) (

j) of the Act is amended by striking out “nomination contestants” .

(6) Subsection

2 (1) of the Act is amended by adding the following clause:

(j.3) assist

persons and entities who sell advertising to comply with requirements under this

Act;

(7) Section

2 of the Act is amended by adding the following subsection:

Returns

not to be re-examined

(1.1) For

the purposes of clause (1) (c), where the Chief Electoral Officer has examined

the financial return of a registered candidate, registered leadership

contestant, registered constituency association or registered party and

provided an approval letter, the Chief Electoral Officer shall not subsequently

re-examine that return.

(1) Subsection 11 (1) of the Act is repealed and the following

substituted:

Registration

of constituency associations

(1) No

constituency association of a registered party or an independent member and no

person, organization or entity acting on behalf of the constituency association

shall accept contributions for the purposes of the constituency association or

for the purposes of the registered party or independent member or for the

candidacy of any person at an election or for an election campaign of any

person unless the constituency association is registered under this Act.

(2) Subsection

11 (2) of the Act is amended by adding “or an independent member” after

“registered party” in the portion before clause (a).

(3) Clause

11 (2) (

a) of the Act is amended by adding “or independent member” after

“registered party”.

(1) Clause 12 (1) (

b) of the Act is amended by adding “or

independent member” after “registered party”.

(2) Section

12 of the Act is amended by adding the following subsection:

Same

(2.2) The

Chief Electoral Officer shall promptly deregister the constituency association

of an independent member and shall send it notice of the deregistration, by

registered mail, if the member,

(

a) commences

representing a registered party in the Assembly;

(

b) is

nominated as a candidate of a registered party; or

(

c) at

an election, is not re-elected as a member of the Assembly.

(3) Subsection

12 (4) of the Act is amended by adding “or independent member” after

“political party”.

(4) Clause

12 (4.3) (

b) of the Act is amended by adding “or independent member” after

“political party”.

Subsection 13 (3) of the Act is repealed and the following substituted:

Registration

(3) The

Chief Electoral Officer shall, for each election, maintain a register of

persons in respect of whom a certificate has been issued under

section 27.1 or

27.2 of the Election Act , and for the purposes of

this Act,

(

a) a

prospective candidate who has submitted a nomination paper under one of those

sections is deemed to have filed an application for registration as a candidate

with the Chief Electoral Officer; and

(

b) a

person is deemed to have been registered as a candidate on and from the day

such a certificate has been issued, or in the case of a pre-certified candidate,

upon the issuance of the writ.

Information

(4) As

part of maintaining the register under subsection (3), the Chief Electoral

Officer shall maintain the following information for person:

1. The

full name of the person.

2. The

address of the place or places in Ontario where records of the person’s

candidacy are maintained and of the place in Ontario to which communications

may be addressed.

3. The

names of the principal officers, including the chief financial officer and

auditor, of the person in respect of their candidacy.

4. The

names of all persons authorized by the person to accept contributions in

respect of their candidacy.

5. The

name and address of every financial institution that is lawfully entitled to

accept deposits to be used by or on behalf of the person as the depositories

for all contributions made to that person in respect of their candidacy.

6. The

names of the persons responsible for each depository referred to in paragraph

Section 17 of the Act is amended by adding the following subsection:

Pre-certified

candidate

(1.1) For

greater clarity, a pre-certified candidate may not receive a contribution

outside of a campaign period, and the chief financial officer of a

pre-certified candidate shall, within 30 days after learning that the

contribution was made contrary to this Act and upon obtaining the contributor’s

copy of the receipt issued under this Act, or cancelling the receipt and giving

the contributor notice of the cancellation, return the contribution or an

amount equal to the sum contributed.

(1) Subsections 18 (1) to (1.4) of the Act are repealed and the

following substituted:

Maximum

contributions

Registered

parties

(1) The

contributions that a person makes to any one registered party shall not exceed,

in a calendar year, $3,300 plus $25 for each calendar year that has begun on or

after January 1, 2022.

Constituency

associations, nomination contestants

(1.1) The

contributions that a person makes to registered constituency associations and

registered nomination contestants of any one registered party or to the

constituency association of any independent member shall not exceed, in a

calendar year, $3,300 plus $25 for each calendar year that has begun on or

after January 1, 2022.

Candidates

of party

(1.2) The

contributions that a person makes to registered candidates of any one

registered party shall not exceed, in a campaign period, $3,300 plus $25 for each

calendar year that has begun on or after January 1, 2022.

Non-party

candidates

(1.3) The

contributions that a person makes to all registered candidates not endorsed by

a registered party shall not exceed, in a campaign period, $3,300 plus $25 for

each calendar year that has begun on or after January 1, 2022.

Leadership

contestants

(1.4) The

contributions that a person makes to any one registered leadership contestant

of a registered party shall not exceed, in a calendar year that falls during a

leadership contest period or during which the contestant is required to be

registered by virtue of subsection 14 (2.1), $3,300 plus $25 for each calendar

year that has begun on or after January 1, 2022.

(2) Subsection

18 (4) of the Act is amended by striking out “$5,000” and substituting

“$10,000”.

(3) Subsection

18 (5) of the Act is amended by striking out “$25,000” and substituting

“$50,000”.

(1) Subsection 23 (2) of the Act is amended by striking out

“nomination contestant”.

(2) Section

23 of the Act is amended by adding the following subsection:

Where

charge may be considered not a contribution

(2.1) Where

a charge by the sale of tickets or otherwise is made for a fund-raising event,

all or any portion of such charge, up to a maximum of $30, may, at the option

of the party, constituency association, nomination contestant, candidate or

leadership contestant by whom or on whose behalf the activity was held, be

considered not to be a contribution for the purposes of this Act.

(3) Subsection

23 (6) of the Act is repealed and the following substituted:

Timing

(6) The

registered party shall post the information described in subsection (5) at

least three days before the date of the fund-raising event.

Section 24 of the Act is amended by striking out “nomination contestant”

wherever it occurs.

Section 25.2 of the Act is amended by adding the following subsection:

Principles

(8) In

ensuring compliance in accordance with subsection (7), the Chief Electoral

Officer shall be guided by the principles that real time disclosure of

information permits record merging when appropriate evidence is submitted, and

that merged records shall not be considered to be a new contribution or subject

to prosecution for late submission.

Section 27 of the Act is amended by adding the following subsection:

Same,

independent candidates

(2) The

registered constituency association of a registered candidate who is an

independent candidate and that candidate may transfer or accept funds, goods

and services to or from each other and all such funds, goods, other than goods

held in inventory for the candidate for use during a campaign period, and

services accepted by the constituency association or candidate, shall be

considered not to be contributions or campaign expenses for the purposes of

this Act but shall be recorded as to source and any funds accepted shall be

deposited in the appropriate depository on record with the Chief Electoral

Officer.

(1) Subsection 32.1 (2) of the Act is repealed and the following

substituted:

How

allowance calculated

(2) For

the 2021 calendar year and subsequent calendar years, each registered party’s

allowance for a quarter is the amount calculated by multiplying $0.636 by the

number of valid votes cast for the party’s candidates in the election referred

to in subsection (1), whether or not the quarter ended on or after the day the Protecting Ontario Elections Act, 2021 received Royal

Assent.

(2) Section

32.1 of the Act is amended by adding the following subsection:

Adjusted

payment

schedule for 2022 and 2023

(2.1) The

following adjustments are made respecting the payment of the allowances under

subsection (1):

1. The

first payment for the 2022 calendar year shall be the amount otherwise

calculated for the first quarter of that year.

2. The

second payment for the 2022 calendar year shall be the amount calculated for

the three remaining quarters of that year, plus the amount calculated for the

first quarter of the 2023 calendar year.

3. No

further payment shall be made for the remainder of the 2022 calendar year or

for the first quarter of the 2023 calendar year.

4. Commencing

with the second quarter of the 2023 calendar year, the payments shall be made

as otherwise provided under subsection (1).

(3) Subparagraph

1 i of subsection 32.1 (5) of the Act is amended by striking out “December 31,

2020” and substituting “December 31, 2023”.

(4) Subparagraph

1 ii of subsection 32.1 (5) of the Act is repealed and the following

substituted:

ii. two

thirds of the amount determined under subparagraph i for the calendar year

2023, if the calendar year is 2024.

(5) Paragraph

2 of subsection 32.1 (5) of the Act is amended by striking out “Subject to

paragraphs 3 and 4” at the beginning and substituting “Subject to paragraphs 3,

3.1, and 4”.

(6) Subsection

32.1 (5) of the Act is amended by adding the following paragraph:

3.1 In the case of an independent member,

i. an

amount is payable to the member’s registered constituency association based on

the percentage of the total number of valid votes the member received as a

candidate in the electoral district at the most recent election, and

ii. in

addition, if the independent member was elected as a candidate of a registered

party, the registered constituency association of the registered party remains

entitled to the amount it would otherwise receive.

(7) Section

32.1 of the Act is amended by adding the following subsection:

Exception

(7) Despite

subsection (6), where a registered constituency association has been endorsed by

an independent member who was elected as a candidate of a registered party, an

allowance is payable to the registered constituency association for a quarter

if all the documents it is required to file with the Chief Electoral Officer

have been filed and are complete.

Subsection 34 (1) of the Act is amended by striking out “that in the aggregate

exceed $100” at the end and substituting “that in the aggregate exceed $200”.

(1) Subsection 34.1 (1) of the Act is amended by striking out “that

in the aggregate exceed $100” at the end and substituting “that in the

aggregate exceed $200”.

(2) Subsection

34.1 (3) of the Act is amended by striking out “10 days” and substituting “15

days”.

(1) Clause 37.10.1 (2) (

a) of the Act is amended by striking out “six-month

period” and substituting “12-month period”.

(2) Clause

37.10.1 (2) (

b) of the Act is amended by striking out “six-month period” and

substituting “12-month period”.

(3) Subsection

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

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.

The Act is amended by adding the following section:

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.

Section 37.12 of the Act is amended by striking out “report” wherever it

appears and substituting in each case “final report”.

(1) Subsections 40 (1) and (1.1) of the Act are repealed and the

following substituted:

Auditors

(1) Every

registered candidate, registered leadership contestant, registered party and registered

constituency association shall appoint an auditor or firm who meets the

qualifications described in subsection (1.1) within 30 days of receiving at

least $10,000 in contributions or incurring expenses of at least $10,000, with

respect to an election or leadership contest as the case may be, and shall promptly

advise the Chief Electoral Officer of the name and address of the auditor or

firm.

Qualifications

(1.1) An

auditor or firm appointed under subsection (1) must be an auditor licensed

under the Public Accounting Act, 2004 or a firm

whose partners resident in Ontario are licensed under that Act.

(2) Subsection

40 (2) of the Act is amended by striking out “or (1.1)” and “nomination

contestant”.

(3) Subsection

40 (3) of the Act is amended by striking out “nomination contestant” wherever

it appears.

(4) Subsection

40 (4) of the Act is amended by,

(

a) striking

out “subsection (1), (1.1)” and substituting “subsection (1)”; and

(

b) striking

out “nomination contestant”.

(5) Subsection

40 (6) of the Act is amended by,

(

a) striking

out “subsection (1), (1.1)” and substituting “subsection (1)”; and

(

b) striking

out “nomination contestant”.

(6) Subsection

40 (7) of the Act is repealed and the following substituted:

Auditor’s

subsidy

(7) The

Chief Electoral Officer shall subsidize the cost of auditors’ services for

political parties, constituency associations, candidates and leadership

contestants by paying, in respect of audits required by subsection (4) in the

amount that is the lesser of the following:

1. The

amount of the auditor’s account to the political party, constituency

association, candidate or leadership contestant.

2. $2,000.

Section 41.1 of the Act is repealed and the following substituted:

Reporting,

appointed candidates

41.1 Promptly after a

candidate is appointed with respect to a registered party for an electoral

district, the registered party shall notify the Chief Electoral Officer of the

name of the candidate who was selected.

Constituency

associations and parties

41.2 Every registered

constituency association of a registered party shall disclose its financial

statements to the chief financial officer of the registered party on a

quarterly basis, or upon request.

Clause 43 (2) (

b) of the Act is amended by striking out “subsection 41.1 (3) or

section 42, as the case may be” and substituting “section 42”.

Clause 44 (5) (

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

(

b) in

the case of an independent candidate,

(

i) to

their registered constituency association, if the candidate has been elected as

an independent member and has endorsed a registered constituency association,

and

(ii) to

the Chief Electoral Officer in all other cases.

The Act is amended by adding the following section:

Administrative

Penalties

Administrative

penalties

45.1

(1) Where

the Chief Electoral Officer believes on reasonable grounds that a person or

entity has contravened one of the following provisions of this Act, the Chief

Electoral Officer may make an order requiring the person or entity to pay an

administrative penalty:

1. Subsection

12.1 (1).

2. Subsection

14 (1).

Section

4. Subsection

22 (9).

Section

6. Subsection

36.1 (1).

7. Subsections

37 (2) and (3).

8. Subsections

37.5 (1) and (5).

9. Subsections

37.10.1 (1) and (2).

10. Subsections

37.10.2 (1) and (5).

11. Subsections

37.12 (1) and (8).

12. Subsections

38 (1), (2), (3) and (3.1).

Section

38.1.

Section

41.1.

Section

41.2.

Purpose

(2) The

purpose of an administrative penalty is to promote compliance with this Act and

the Election Act .

Limitation

(3) The

Chief Electoral Officer shall not make an order requiring the payment of an

administrative penalty more than two years after the date on which the Chief

Electoral Officer became aware of the contravention.

Payment,

etc.

(4) An

administrative penalty shall be paid into the Consolidated Revenue Fund, and

shall be in an amount determined by the Chief Electoral Officer in accordance

with this section.

Maximum

amounts

(5) The

maximum amount of an administrative penalty under this

section shall be

determined as follows:

1. For

a contravention of

section 18 is an amount equal to twice the amount that was

contributed in contravention of that section, plus $1,500, in the case of an

individual, and plus $5,000, in the case of a corporation or other entity.

2. For

a contravention of subsection 22 (9), 37 (2) or 37.10.2 (1) or (5), $10,000 in

the case of an individual, and $100,000 in the case of a corporation or other

entity.

3. For

a contravention of subsection 37.5 (1), 37.5 (5) or 37.12 (8), $10,000.

4. In

all other cases, $1,500, in the case of an individual, and $5,000 in the case

of a corporation or other entity.

Criteria

for penalty

(6) The

amount of an administrative penalty is to be determined taking into account,

(

a) the

degree of intention or negligence on the part of the person or entity that

committed the contravention;

(

b) the

harm done by the contravention;

(

c) whether

the person or entity derived any advantage from the contravention;

(

d) whether

the person or entity made reasonable efforts to mitigate or reverse the contravention’s

effects;

(

e) whether

the person or entity has taken steps to avoid committing the contravention in

the future;

(

f) whether

the person or entity has provided all reasonable assistance to the Chief

Electoral Officer with respect to the contravention, including reporting it and

providing any relevant information;

(

g) the

person’s or entity’s history of compliance with the provisions of this Act;

(

h) the

person’s or entity’s ability to pay the penalty;

(

i) any

aggravating and mitigating circumstances; and

(

j) any

other factor that, in the opinion of the Chief Electoral Officer, is relevant.

Notice

(7) The

Chief Electoral Officer may take into account a factor under clause (6) (

j) only if a notice that sets out the factor has been published on the website of

the Chief Electoral Officer.

Consultation

(8) Before

publishing a notice under subsection (7), the Chief Electoral Officer shall

publish for the purpose of public consultation, a notice that sets out the

proposed factor for at least 30 days on the website of the Chief Electoral

Officer.

Procedure

(9) An

order requiring a person or entity to pay an administrative penalty shall be

served on the person or entity and shall,

(

a) contain

a description of the contravention to which the order relates, including the

date of the contravention;

(

b) specify

the amount of the penalty, and warn about the increasing amounts for subsequent

contraventions;

(

c) give

particulars respecting the time for paying the penalty and the manner of

payment; and

(

d) provide

details of the person or entity’s right of appeal.

Appeal

(10) A

person or entity who is served with an order to pay an administrative penalty

may appeal the Chief Electoral Officer’s decision by filing an application with

the Superior Court of Justice within 30 days from the date the order was

served, and the following applies to such an appeal:

1. The

application must be accompanied with a copy of the order and state the reasons

for the appeal.

2. A

copy of the application must be served on the Chief Electoral Officer not less

than 30 days before the appeal is to be heard.

3. The

Superior Court of Justice may, on application, extend the 30 day period for

making an appeal, if it considers it appropriate to do so.

4. On

hearing the appeal, the Superior Court of Justice may confirm, rescind or vary

the amount of the administrative penalty.

Failure

to pay

(11) If

a person or entity who is required to pay an administrative penalty fails to

comply with the requirement, the Chief Electoral Officer may file the order

that requires payment with a local registrar of the Superior Court of Justice

and the order may be enforced as if it were an order of the court.

Restoring

Trust, Transparency and Accountability Act, 2018

Subsection 7 (2) of

Schedule 13 to the Restoring Trust,

Transparency and Accountability Act, 2018 is amended by striking out

“2022” at the end and substituting “2025”.

Commencement

This

Schedule comes into force on the day the Protecting

Ontario Elections Act, 2021 receives Royal Assent.

Schedule 3

Members’ Integrity Act, 1994

The Members’ Integrity Act, 1994 is amended by

adding the following section:

Social

media

9.1

(1) Nothing

in this Act prevents members of the Assembly from having one or more social

media accounts in their individual names.

Content

(2) Subject

content respecting such matters as the member wishes to bring to the attention

of their followers, including matters described in subsection (3), as long as

the content is created, posted and maintained in a manner consistent with,

(

a) any

rules or guidelines that may be established or approved by the Assembly; and

(

b) the

requirements of sections 2, 3 and 4 of this Act.

Executive

Council members

(3) A

Executive Council may include content respecting matters related to the

member’s portfolio as a Minister or matters related to the policies, programs

and initiatives of the Government of Ontario as long as the content is created,

posted and maintained in a manner consistent with,

(

a) any

rules or guidelines that may be established or approved by the Executive

Council or a committee of the Executive Council; and

(

b) the

requirements of the Public Service of Ontario Act, 2006

and its regulations governing the permissible activities of public servants.

Partisan

material

(4) Subject

partisan material.

Continuation

(5) A

dissolution of the Assembly and the issuance of a writ for a general election,

both during the campaign period and after the election.

Definition

(6) In

this section,

“partisan

material” means material that supports or opposes a particular candidate, party

or issue and is not related to the Government of Ontario’s work for the public

at large or a member of the Assembly’s work for their constituency at large.

Commencement

This

Schedule comes into force on the day the Protecting Ontario Elections Act, 2021 receives Royal

Assent.

Schedule 4

Municipal Elections Act, 1996

Section 14 of the Municipal Elections Act, 1996 is

amended by adding the following subsection:

Exception

— electronic filing

(2) Subsection

(1) does not apply if the clerk has provided for electronic filing of the

document.

(1) Subsection 33 (1) of the Act is repealed and the following

substituted:

Filing

of nomination

(1) A

person may be nominated for an office by filing a nomination,

(

a) in

the clerk’s office, in person or by an agent; or

(

b) if

the clerk has provided for electronic filing under subsection (6),

electronically.

(2) Section

33 of the Act is amended by adding the following subsections:

Same

(1.2.1) For

greater certainty, endorsements of a nomination under subsection (1.1) shall be

collected as original signatures even if the clerk has provided for electronic filing.

Same

(1.2.2) A

person who electronically files a nomination for an office on a council that

must be endorsed by at least 25 persons shall retain the copy of the document

bearing the original endorsement signatures.

. . . .

Electronic

filing

(6) The

clerk may provide for electronic filing under this

section and may establish

conditions and limits with respect to electronic filing.

Subsection 33.0.1 (1) of the Act is amended by striking out “Upon” at the

beginning and substituting “As soon as practicable upon”.

Subsection 33.0.2 (1) of the Act is amended by striking out “Upon” at the

beginning and substituting “As soon as practicable upon”.

(1) Subsection 88.6 (1) of the Act is amended by striking out “may,

in person or by an agent, file” and substituting “may, in accordance with

subsection (1.1), file”.

(2) Section

88.6 of the Act is amended by adding the following subsections:

Same

(1.1) A

notice of registration may be filed,

(

a) in

person or by an agent; or

(

b) if

the clerk has provided for electronic filing under subsection (12.1),

electronically.

. . . .

Electronic

filing

(12.1) The clerk may provide for electronic filing under this

section and may establish conditions and limits with respect to electronic

filing.

(3) Subsection

88.6 (13) of the Act is amended by adding “as soon as practicable” before “upon

filing” in the portion before paragraph 1.

(4) Section

88.6 of the Act is amended by adding the following subsections:

Withdrawal

of registration

(15) A

registered third party may withdraw their registration by filing a written

withdrawal in the clerk’s office during the time for filing a notice of

registration set out in subsection (7).

Same

(16) If

a registered third party files a nomination under

section 33, the party’s registration

is deemed to have been withdrawn at the time the nomination is filed.

Paragraph 1 of subsection 88.24 (1) of the Act is amended by striking out “the

day on which he or she files a nomination for the office” and substituting “the

day on which the clerk receives his or her nomination for the office”.

Section 88.28 of the Act is amended by adding the following paragraph:

2.1 Despite

paragraph 2, the campaign period ends,

i. on

the day the third party’s registration is withdrawn under subsection 88.6

(15) or deemed to be withdrawn under subsection 88.6 (16), or

ii. on

the day the third party advertiser files the documents under

section 88.29, as

long as the documents are filed after voting day and before December 31 in the

year of a regular election.

Section 88.29 of the Act is amended by adding the following subsection:

Same

(1.1) If

a third party’s campaign period ends as described in paragraph 2.1 of

section

88.28, the financial statement and auditor’s report must reflect the third

party’s campaign finances as of the day the campaign period ended.

Commencement

This

Schedule comes into force on the day the Protecting

Ontario Elections Act, 2021 receives Royal Assent.

Bill 254 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

The

Election Act and the Election

Finances Act are amended. Among the changes:

1. The

Chief Electoral Officer (“the CEO”) is to establish an advisory committee on

voting equipment and vote counting equipment.

2. The

powers of the CEO with respect to designating advance polls are expanded.

3. Independent

members of the Assembly are allowed to endorse constituency associations.

4. The

amounts of authorized contributions are increased.

5. The

quarterly allowances to registered parties are continued until January 1, 2025.

Their amounts are increased and adjustments are made to their timing.

6. Adjustments

are made to the rules respecting collusion with third parties.

7. Administrative

penalties for certain contraventions are provided for.

The

Members’ Integrity Act, 1994 is amended to provide

with any matters a member wishes to bring to the attention of the public,

including partisan matters, subject to any applicable rules, guidelines and

legislation, and may be continued after the dissolution of the Assembly and

during and after an election period. Members of the Executive Council will also

be subject to any additional rules or guidelines approved by the Executive

Council.

Multiple

amendments are made to the Municipal Elections Act, 1996 .

Some of the more significant amendments are outlined below.

Section

14 is amended to provide an exception for filing documents under

section 33, 44

or 88.6 bearing only original signatures if the clerk has provided for

electronic filing of the document. Sections 33 and 88.6 are amended to allow

the clerk to provide for electronic filing under these sections.

Section

33 is further amended to provide that endorsements of a nomination that is

filed electronically must still be collected as original signatures and that a

person who files a nomination that must be endorsed shall retain the copy of

the document bearing the original endorsement signatures.

Section

88.6 is further amended to provide that a registered third party may withdraw

their registration by filing a written withdrawal in the clerk’s office during

the time for filing a notice of registration, and to provide that if a

registered third party files a nomination under

section 33, the party’s

registration is deemed to have been withdrawn at the time the nomination is

filed.

Bill 254 2021

Act to amend various Acts with respect to elections and members of the Assembly

Contents

of this Act

Commencement

Short

title

Schedule 1

Election

Act

Schedule 2

Election

Finances Act

Schedule 3

Members’

Integrity Act, 1994

Schedule 4

Municipal

Elections Act, 1996

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and (3), this

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

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Protecting

Ontario Elections Act, 2021 .

Schedule 1

Election Act

The Election Act is amended by adding the following

section:

Advisory

committee, voting equipment and vote counting equipment

4.5.1

(1) The

Chief Electoral Officer shall establish an advisory committee on voting

equipment and vote counting equipment consisting of,

(

a) one

or two members appointed by each registered party represented in the Assembly; and

(

b) at

least one and not more than three members who do not represent a registered

party.

Mandate

(2) The

advisory committee shall provide recommendations, when consulted by the Chief

Electoral Officer, concerning standards for voting equipment and vote counting

equipment used in elections under this Act.

Subsection 9.1 (7) of the Act is amended by adding “but shall not be a Saturday,

Sunday or a day that is a public holiday as defined in the Employment Standards Act, 2000 ” at the end.

Section 17.2 of the Act is amended by striking out “and” at the end of clause

(b), by adding “and” at the end of clause (c), and by adding the following

clause:

(

d) any

district social services administration board established under the District Social Services Administration Boards Act .

Subsection 27.2 (5) of the Act is repealed and the following substituted:

Certificate

(5) When

the nomination paper has been accepted for filing, the Chief Electoral Officer may

issue a certificate to the prospective candidate, indicating that,

(

a) he

or she will be a candidate in the election; and

(

b) that

during the period before the date the writ of election is issued, he or she may

be referred to as a pre-certified candidate, and after the writ of election is

issued, as a candidate.

Expiry

(5.1) A

certificate under subsection (5) ceases to be valid if a writ of election is

not issued within six months after the issuance of the certificate.

Certificate

final

(5.2) Subject

to subsection (5.1), a certificate under subsection (5) is final, and the

validity of the nomination is not open to question upon any ground whatsoever.

(1) Clause 44 (2) (

c) of the Act is repealed and the following

substituted:

(

c) at

designated other locations as determined under subsection (2.1).

(2) Section

44 of the Act is amended by adding the following subsection:

Same

(2.1) The

Chief Electoral Officer shall determine, in consultation with the returning

officer, the dates and times when advance polls shall be open at designated

other locations, subject to the following rules:

1. The

hours during which advance polls are open at designated other locations may

vary from one location to another.

2. During

the 10-day period provided for in clause (2) (b), at least one advance poll at

a designated other location in the electoral district shall be open for some

part of each day.

3. It

is not necessary for a particular designated other location to have an advance

poll that is open on all 10 days.

(3) The

French version of subsection 44 (5) of the Act is amended by striking out

“endroits désignés” and substituting “emplacements désignés”.

Commencement

This

Schedule comes into force on the day the Protecting

Ontario Elections Act, 2021 receives Royal Assent.

Schedule

election Finances Act

(1) The definition of “constituency association” in subsection 1

(1) of the Election Finances Act is repealed and the

following substituted:

“constituency

association”, in an electoral district, means the association or organization

endorsed by a registered party or an independent member as the official

association of that party or that member in the electoral district;

(“association de circonscription”)

(2) Subsection

1 (1) of the Act is amended by adding the following

definitions:

“independent

member” means a member of the Assembly who is not affiliated with a registered

party in the Assembly; (“député indépendant”)

“pre-certified

candidate” means an individual whose nomination paper has been accepted for

filing and who has been issued a certificate by the Chief Electoral Officer

under subsection 27.2 (5) of the Election Act

before the date a writ of election is issued; (“candidat doté d’une attestation

préalable”)

(0.1) Clause 2 (1) (

a) of the Act is amended by striking out “nomination contestants”.

(0.2) Clause 2 (1) (

b) of the

Act is amended by striking out “registered nomination contestant”.

(0.3) Clause 2 (1) (

d) of the

Act is amended by striking out “registered nomination contestant”.

(1) Subsection

2 (1) of the Act is amended by adding the following clause:

(d.1) use

administrative penalties to promote compliance with this Act and the Election Act ;

(1.1) Clause 2 (1) (

j) of the Act is amended by

striking out “nomination contestants” .

(1.2) Subsection 2 (1) of the

Act is amended by adding the following clause:

(j.3) assist persons and entities who sell advertising

to comply with requirements under this Act;

(2) Section

2 of the Act is amended by adding the following subsection:

Returns

not to be re-examined

(1.1) For

the purposes of clause (1) (c), where the Chief Electoral Officer has examined

the financial return of a registered candidate, registered leadership

contestant, registered constituency association or registered party and

provided an approval letter, the Chief Electoral Officer shall not subsequently

re-examine that return.

(1) Subsection 11 (1) of the Act is repealed and the following

substituted:

Registration

of constituency associations

(1) No

constituency association of a registered party or an independent member and no

person, organization or entity acting on behalf of the constituency association

shall accept contributions for the purposes of the constituency association or

for the purposes of the registered party or independent member or for the

candidacy of any person at an election or for an election campaign of any

person unless the constituency association is registered under this Act.

(2) Subsection

11 (2) of the Act is amended by adding “or an independent member” after

“registered party” in the portion before clause (a).

(3) Clause

11 (2) (

a) of the Act is amended by adding “or independent member” after

“registered party”.

(1) Clause 12 (1) (

b) of the Act is amended by adding “or

independent member” after “registered party”.

(2) Section

12 of the Act is amended by adding the following subsection:

Same

(2.2) The

Chief Electoral Officer shall promptly deregister the constituency association

of an independent member and shall send it notice of the deregistration, by

registered mail, if the member,

(

a) commences

representing a registered party in the Assembly;

(

b) is

nominated as a candidate of a registered party; or

(

c) at

an election, is not re-elected as a member of the Assembly.

(3) Subsection

12 (4) of the Act is amended by adding “or independent member” after

“political party”.

(4) Clause

12 (4.3) (

b) of the Act is amended by adding “or independent member” after

“political party”.

Subsection 13 (3) of the Act is repealed and the following substituted:

Registration

(3) The

Chief Electoral Officer shall, for each election, maintain a register of

persons in respect of whom a certificate has been issued under

section 27.1 or

27.2 of the Election Act , and for the purposes of

this Act,

(

a) a

prospective candidate who has submitted a nomination paper under one of those

sections is deemed to have filed an application for registration as a candidate

with the Chief Electoral Officer; and

(

b) a

person is deemed to have been registered as a candidate on and from the day

such a certificate has been issued, or in the case of a pre-certified

candidate, upon the issuance of the writ.

Information

(4) As

part of maintaining the register under subsection (3), the Chief Electoral

Officer shall maintain the following information for person:

1. The

full name of the person.

2. The

address of the place or places in Ontario where records of the person’s

candidacy are maintained and of the place in Ontario to which communications

may be addressed.

3. The

names of the principal officers, including the chief financial officer and

auditor, of the person in respect of their candidacy.

4. The

names of all persons authorized by the person to accept contributions in

respect of their candidacy.

5. The

name and address of every financial institution that is lawfully entitled to

accept deposits to be used by or on behalf of the person as the depositories

for all contributions made to that person in respect of their candidacy.

6. The

names of the persons responsible for each depository referred to in paragraph

Section 17 of the Act is amended by adding the following subsection:

Pre-certified

candidate

(1.1) For

greater clarity, a pre-certified candidate may not receive a contribution

outside of a campaign period, and the chief financial officer of a

pre-certified candidate shall, within 30 days after learning that the

contribution was made contrary to this Act and upon obtaining the contributor’s

copy of the receipt issued under this Act, or cancelling the receipt and giving

the contributor notice of the cancellation, return the contribution or an

amount equal to the sum contributed.

(1) Subsections 18 (1) to (1.4) of the Act are repealed and the

following substituted:

Maximum

contributions

Registered

parties

(1) The

contributions that a person makes to any one registered party shall not exceed,

in a calendar year, $3,300 plus $25 for each calendar year that has begun on or

after January 1, 2022.

Constituency

associations, nomination contestants

(1.1) The

contributions that a person makes to registered constituency associations and

registered nomination contestants of any one registered party or to the

constituency association of any independent member shall not exceed, in a

calendar year, $3,300 plus $25 for each calendar year that has begun on or

after January 1, 2022.

Candidates

of party

(1.2) The

contributions that a person makes to registered candidates of any one

registered party shall not exceed, in a campaign period, $3,300 plus $25 for

each calendar year that has begun on or after January 1, 2022.

Non-party

candidates

(1.3) The

contributions that a person makes to all registered candidates not endorsed by

a registered party shall not exceed, in a campaign period, $3,300 plus $25 for

each calendar year that has begun on or after January 1, 2022.

Leadership

contestants

(1.4) The

contributions that a person makes to any one registered leadership contestant

of a registered party shall not exceed, in a calendar year that falls during a

leadership contest period or during which the contestant is required to be

registered by virtue of subsection 14 (2.1), $3,300 plus $25 for each calendar

year that has begun on or after January 1, 2022.

(2) Subsection

18 (4) of the Act is amended by striking out “$5,000” and substituting

“$10,000”.

(3) Subsection

18 (5) of the Act is amended by striking out “$25,000” and substituting

“$50,000”.

8 (0.1) Subsection 23 (2) of the Act is amended

by striking out “nomination contestant”.

(1) Section

23 of the Act is amended by adding the following subsection:

Where

charge may be considered not a contribution

(2.1) Where

a charge by the sale of tickets or otherwise is made for a fund-raising event,

all or any portion of such charge, up to a maximum of $30, may, at the option

of the party, constituency association, nomination contestant, candidate or

leadership contestant by whom or on whose behalf the activity was held, be

considered not to be a contribution for the purposes of this Act.

(2) Subsection

23 (6) of the Act is repealed and the following substituted:

Timing

(6) The

registered party shall post the information described in subsection (5) at

least three days before the date of the fund-raising event.

8.1

Section 24 of the Act is amended by striking out

“nomination contestant” wherever it occurs.