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Bill 99, Fair and Free Elections Act, 2026

Fraser, John

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Bill 99 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Election Act and the Election Finances Act with respect to various electoral

matters.

Currently,

returning officers are appointed under the Election Act

by the Lieutenant Governor in Council. The amendments make the Chief Electoral

Officer responsible for appointing these returning officers. In addition, the

amendments allow polling day to be chosen from a range of dates, instead of

having it fall on the fifth Thursday after the date of the writ. The existing

power in subsections 9.1 (6) and (7) to recommend and choose an alternate day

for polling day are repealed.

The

Election Finances Act is amended to require

political advertisements that have been generated in whole or in part through

the use of artificial intelligence to include a specified statement. A new

prohibition is added that prohibits the transmission or publication of certain

false or misleading content about an election. The Chief Electoral Officer is

empowered to issue directions that stop, discontinue, remove or destroy

transmissions or publications that contravene one of the provisions of the Act.

A failure to comply with this direction may be subject to an administrative

penalty.

Bill 99 2026

Act to amend the Election Act and the Election Finances Act with respect to

electoral matters

His

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

Province of Ontario, enacts as follows:

Election

Act

(1) Subsection 7 (1) of the Election Act

is repealed and the following substituted:

Returning

officers

(1) The

Chief Electoral Officer shall appoint a returning officer for each electoral

district.

(2) Subsection

7 (3) of the Act is repealed and the following substituted:

Appointments

during transitional period

(3) During

the transitional period, the Chief Electoral Officer may appoint returning

officers under subsection (1) for both new electoral districts and old

electoral districts.

(3) Subsections

9.1 (5), (6) and (7) of the Act are repealed and the following substituted:

Polling

day

(5) Polling

day must be no earlier than the 36 th day and no later than the 42 nd

day after the date of the writ.

(4) Subsection

44 (4) of the Act is repealed.

Election

Finances Act

(1) Section 22 of the Election Finances Act

is amended by adding the following subsection:

Information

to be included in political advertisement generated using artificial

intelligence

(10) In

addition to the requirements of subsection (9), a political advertisement that

has been generated, in whole or in part, through the use of artificial

intelligence must include a statement identifying that it has been generated

using artificial intelligence.

(2) The

Act is amended by adding the following sections:

Prohibition

on false or misleading content about administration of electoral process

37.8.1 No person or

organization shall knowingly transmit or publish any false or misleading

content about,

(

a) the

eligibility of candidates;

(

b) any

dates that are relevant to an election;

(

c) the

location of any polling place; or

(

d) the

results of any election.

Direction

to remove non-compliant transmissions or publications

37.8.2

(1) If the

Chief Electoral Officer believes on reasonable grounds that a transmission or

publication is contravening one of the provisions of this Act, the Chief

Electoral Officer may issue a direction to the person or organization who is making

the transmission or publication to do any of the following:

1. Stop

or discontinue the transmission or publication.

2. Remove

or destroy the publication.

Contents

of direction

(2) The

direction referred to in subsection (1) must,

(

a) describe

the transmission or publication that the Chief Electoral Officer believes is

not in compliance with this Act;

(

b) identify

the provisions of this Act that the Chief Electoral Officer believes are being

contravened;

(

c) advise

that a monetary penalty may be imposed if the person or organization does not

comply with the direction within 12 hours after receiving it.

Compliance

(3) Any

person or organization that receives a direction under subsection (1) shall comply

with it within 12 hours after receiving the notice.

(3) Subsection

45.1 (1) of the Act is amended by adding the following paragraph:

8.1 Subsection

37.8.2 (3).

(4) Paragraph

2 of subsection 45.1 (5) of the Act is amended by adding the following

subparagraph:

ix.1 subsection

37.8.2 (3).

Commencement

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

Short

title

The

short title of this Act is the Fair and Free Elections

Act, 2026 .

Date Bill stage Event Outcome Committee

May 4, 2026

Second Reading

Vote

Lost on division

April 23, 2026

Second Reading

Question put

Vote deferred

April 23, 2026

Second Reading

Debated

March 30, 2026

First Reading

Ordered for Second Reading

March 30, 2026

First Reading

Vote

Carried

First Reading

March 30, 2026

Ordered for Second Reading

Second Reading

April 23, 2026

Questions and Responses

Cerjanec, Rob

Ajax

Ciriello, Monica

Hamilton Mountain

Fraser, John

Ottawa South

Hsu, Ted

Kingston and the Islands

Smyth, Stephanie

Toronto—St. Paul's

Tabuns, Peter

Toronto—Danforth

April 23, 2026

Question put

May 4, 2026

Lost on division