Recall Act, 2004 Barrett, Toby — Bill 39 (38th Parliament, 1st Session)

Bill 39, 38-1

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Bill 39, Recall Act, 2004

Barrett, Toby

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[38] Bill 39 Original (PDF)

Bill 39 2004

An Act to amend

the Election Act

respecting the recall of

Members of the Assembly

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

1. The Election Act is amended by adding the following sections:

Application for Approval of

Petition to Recall a Member

Definition

111.1

(1) In this

section and in

section 111.2,

"petitioner" means a person who applies to the Integrity Commissioner to approve the issuing of a recall petition.

Qualified elector may apply for recall petition

(2) A petitioner may apply to the Integrity Commissioner to approve the issuing of a petition to recall a member of the Assembly for conduct unbecoming a member if, on the day the application is made, the petitioner would be

qualified under

section 15 to vote in an election in the electoral district represented by the member.

When no application may be made

(3) No application may be made in respect of a member within the first 12 months after the date on which the member was last elected to the Assembly.

Form of application

(4) The application for the issuing of a recall petition shall contain,

(

a) the name and residential address of the petitioner;

(

b) the name and electoral district of the member; and

(

c) a statement setting out the grounds for which the member should be recalled for conduct unbecoming a member.

Same

(5) When making an application for the issuing of a recall petition, the petitioner shall,

(

a) serve the member named with a copy of the application; and

(

b) include with the application proof of service given under clause (a).

Integrity Commissioner to conduct hearing

(6) Subject to subsections (7) and (8), within 60 days of receiving an application under this section, the Commissioner shall conduct a hearing to determine whether, on a balance of probabilities, the member has engaged in conduct

unbecoming a member.

When no hearing to be conducted

(7) If the Commissioner is of the opinion that the application is frivolous, vexatious or not made in good faith, or that there are insufficient grounds for a hearing, the Commissioner shall not conduct a hearing and shall provide

written reasons for not doing so.

Same

(8) The Integrity Commissioner shall not conduct a hearing if, in the period of time since the last preceding general election, he or she has,

(

a) conducted a hearing under this

section in respect of the member; or

(

b) approved the issuing of a recall petition in the electoral district to which the application relates.

Commissioner to give determination in writing

(9) The Commissioner shall release written reasons as to whether, on a balance of probabilities, the member has engaged in conduct unbecoming a member, and the Commissioner shall make every reasonable effort to provide those reasons

within 60 days after the end of the hearing.

When recall petition approved

(10) If the Commissioner determines that the member has engaged in conduct unbecoming a member, the Commissioner shall approve the issuing of a recall petition and shall state so in his or her written reasons.

Commissioner to notify Chief Election Officer

(11) When releasing written reasons in which the Commissioner approves the issuing of a recall petition, the Commissioner shall notify the Chief Election Officer by providing him or her with a copy of those reasons.

Determination not reviewable

(12) No decision or determination made by the Commissioner under this

section is reviewable by any court or tribunal.

Recall Petition

Form of recall petition

111.2

(1) A recall petition shall be in a form prescribed by the Chief Election Officer and shall include the following:

1. A cover sheet that explains who is qualified to sign the recall petition.

2. A means by which a signer declares that he or she is qualified to sign the recall petition.

3. Sufficient space for the signatures of no less than the total number of qualified electors the permanent register indicates reside in the electoral district.

4. A means by which a registered canvasser declares on every page of signatures that the signatures on that page were signed in his or her presence and the date on which those signatures were canvassed.

When recall petition to be issued

(2) The Chief Election Officer shall issue a recall petition to the petitioner within 14 days of the date on which he or she is notified by the Commissioner under subsection 111.1 (11) that the issuing of the recall petition has been

approved.

Application to be a canvasser

(3) A person may apply to the Chief Election Officer for registration as a canvasser of signatures at any time after the Commissioner approves the issuing of a recall petition.

Registration of canvassers

(4) The Chief Election Officer shall register as a canvasser and issue identification to every applicant under subsection (3) who, on the day the Chief Election Officer is notified that the issuing of the recall petition has been

approved, would be qualified under

section 15 to vote in an election in the electoral district represented by the member to whom the petition relates.

No unregistered canvassers

(5) No person other than a registered canvasser may canvass for signatures on a recall petition.

Duties of registered canvassers

(6) The following duties apply to a registered canvasser:

1. The canvasser shall not solicit or accept any valuable consideration for canvassing for signatures on a recall petition.

2. The canvasser shall carry the identification issued by the Chief Election Officer and produce it to any person who requests to see it.

3. The canvasser shall not knowingly make any false or misleading statements about the petition or about the member who is the subject of the petition.

4. The canvasser shall not use information obtained while canvassing for signatures for a purpose other than one contemplated by this Act.

Petition may be divided

(7) The petitioner may divide and group the sheets of a recall petition to facilitate the collection of signatures if a copy of the cover sheet accompanies every such group during canvassing for signatures.

Signers of a petition

(8) A person is qualified to sign a recall petition if, on the day the Chief Election Officer is notified that the issuing of the recall petition has been approved, the person would be qualified under

section 15 to vote in an

election in the electoral district represented by the member to whom the petition relates.

Same

(9) No person shall sign a recall petition without first reading the cover sheet and verifying that he or she is qualified to sign.

Same

(10) No person shall sign a recall petition more than once.

Successful petition requirements

(11) A recall petition shall result in a recall referendum when it meets the following requirements:

1. The completed recall petition is submitted to the Chief Election Officer within 12 months of the date on which it was issued.

2. The number of qualified signatures on the petition is equal to or greater than 25 per cent of the total number of votes cast in the last preceding election in the electoral district to which the petition relates.

Verification of petition

(12) The Chief Election Officer shall determine whether a recall petition meets the requirements set out in subsection (11) within seven days of receiving the submitted petition.

Publication of determination

(13) The Chief Election Officer shall promptly publish a determination made under subsection (12) in The Ontario Gazette .

Recall Referendum

When a recall referendum is triggered

111.3

(1) If the Chief Election Officer determines that a recall petition meets the requirements set out in subsection 111.2 (11), a writ for a recall referendum shall issue for the appropriate electoral

district on the day the determination is published in The Ontario Gazette under subsection 111.2 (13).

Application of this Act

(2) Unless the context requires otherwise, the provisions of this Act that pertain to an election apply with necessary modifications to a recall referendum.

Same

(3) In the case of a recall referendum, the Chief Election Officer may direct the use of voting equipment, vote-counting equipment or alternative voting methods that are different from what this Act requires.

Date of recall referendum

(4) The recall referendum shall be,

(

a) on a date fixed by the Chief Election Officer;

(

b) at least 28 days and not more than 56 days after the day on which the writ is issued; and

(

c) on a Thursday.

Recall referendum question

(5) The Chief Election Officer shall set a referendum question respecting the recall of the member that is clear, concise and capable of being answered in the affirmative or the negative.

Effect of the recall referendum

(6) If more than 50 per cent of the votes cast in the referendum are in favour of the recall, the member ceases to hold office and his or her seat becomes vacant.

Recall of a Member who is the Premier and President of the Executive Council

Recall of a member who is the Premier

111.4

(1) In addition to the recall processes described in sections 111.1 to 111.3, a member who is the Premier and President of the Executive Council is subject to a recall process by the qualified voters

of all electoral districts in the province and sections 111.1 to 111.3 apply, with necessary modifications, to any such recall.

Same

(2) Without limiting the generality of the foregoing, the following are necessary modifications for the purposes of subsection (1):

1. For the purposes of subsection 111.1 (2), a reference to the electoral district represented by the member shall be construed as a reference to any electoral district in the province.

2. For the purposes of clause 111.1 (8) (b), a reference to the issuing of a recall petition in the electoral district to which the application relates shall be construed as a reference to the issuing of a province-wide recall petition to

recall the member who is the Premier and President of the Executive Council.

3. For the purposes of paragraph 3 of subsection 111.2 (1), a reference to the total number of qualified electors in the electoral district shall be construed as a reference to the total number of qualified electors in the province, according

to the permanent register.

4. For the purposes of subsections 111.2 (4) and (8), a reference to the electoral district represented by the member to whom the petition relates shall be construed as a reference to any electoral district in the province.

5. For the purposes of paragraph 2 of subsection 111.2 (11), a reference to the last preceding election in the electoral district to which the petition relates shall be construed as a reference to the last preceding general election.

6. For the purposes of subsection 111.3 (1), a reference to the appropriate electoral district shall be construed as a reference to all electoral districts in the province.

Recall Processes During a

General Election

Effect of election call on recall processes

111.5 The dissolution of the Assembly has the following effects in relation to the recall processes described in sections 111.1 to 111.4:

1. An application to the Integrity Commissioner to approve the issuing of a recall petition is cancelled.

2. A hearing to determine whether a member has engaged in conduct unbecoming a member is terminated.

3. If a hearing has been completed but the Commissioner has not yet released reasons, he or she shall not release the reasons.

4. A recall petition that has been issued by the Chief Election Officer is cancelled.

5. A recall referendum is cancelled.

Regulations Respecting

Recall Referenda

Regulations

111.6 The Lieutenant Governor in Council may make r

Document details

Collection	Ontario — Bills
Citation	Bill 39, 38-1
Type	bill
Volume / chapter	p38 s1 bill 39 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	484b28d66dae5a2715f8eaaa56d44a36a82f023d

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