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Bill 150, Ensuring Transparency and Integrity in Political Party Elections Act, 2019

Karahalios, Belinda C.

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Acts affected

Original

Bill 150 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Ensuring Transparency and Integrity in

Political Party Elections Act, 2019 . The Act provides rules relating to

the election of an official party candidate for an electoral district, the

election of a leader of a political party and the election of a president of a

political party.

The

Act requires a report to be filed with the Chief Electoral Officer within seven

days after an election and the report must set out, among other things, the

number of persons who were eligible to vote in the election, the number of

person who voted and the number of votes that each candidate received. The

Chief Electoral Officer must publish the information in the report on the

Internet. It is an offence not to file a report or to make a false statement

in a report.

The

Act permits a candidate to contest the validity of an election by commencing an

action in the Superior Court of Justice.

The

Act sets out various offences relating to voting in an election, including

voting when not being eligible to vote or voting more than once, mishandling

ballot papers, furnishing false or misleading information to an election

official, or inducing or procuring an unqualified person to vote. The penalty

for these offences is a fine of not more than $5,000. If any of those offences

is committed knowingly, the person is liable to a fine of not more than $25,000

or to imprisonment for a term of not more than two years less a day, or to both.

It is also an offence to wilfully miscount ballots and the penalty is a fine of

not more than $25,000 or imprisonment for a term of not more than two years

less a day, or to both.

Provisions

in the Election Finances Act that require the

reporting and publication of information relating to nomination contests are

repealed. Those requirements are re-enacted in the Ensuring

Transparency and Integrity in Political Party Elections Act, 2019 .

Bill 150 2019

Act to enact the Ensuring Transparency and Integrity in Political Party

Elections Act, 2019

Her

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

Province of Ontario, enacts as follows:

Interpretation

Definitions

(1) In

this Act,

“ballot”

means a ballot used for the conduct of an election; (“bulletin de vote”)

“election”

means,

(

a) the

selection, by vote, of an official party candidate for an electoral district,

(

b) an

election of the leader of a registered party, or

(

c) an

election of the president or of an equivalent position of a registered party. (“election”)

Interpretation

(2) Expressions

used in this Act that are not otherwise defined have the same meaning as in the

Election Finances Act .

Reporting

Requirements

Reporting,

nomination contest

(1) When

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

district, the leader of the registered party, shall, within seven days after

the candidate is selected, file with the Chief Electoral Officer a report

setting out the following:

1. The

name of the electoral district, the registered constituency association and the

registered party that the nomination concerns.

2. The

date on which the contest for the nomination began and the date on which the

candidate was selected.

3. The

name and address of each nomination contestant as of the date the candidate was

selected, and of their chief financial officer.

4. The

name of the candidate who was selected.

5. The

number of persons who were eligible to vote in the contest.

6. The

number of persons who voted in the contest.

7. The

number of votes each registered nomination contestant received.

Notice

and publication

(2) The

Chief Electoral Officer shall,

(

a) communicate

to each nomination contestant the information that was reported with respect to

that contestant under subsection (1); and

(

b) publish

on a website on the Internet a notice containing the information referred to in

subsection (1).

Reporting,

appointed candidates

(3) Promptly

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

electoral district, the leader of the registered party shall notify the Chief Electoral

Officer of the name of the candidate who was selected.

Reporting,

leadership contest

(1) When

a person is elected as leader of a registered party, the chief financial

officer of the party shall, within seven days after the person is elected, file

with the Chief Electoral Officer a report setting out the following:

1. The

name of the registered party that the election concerns.

2. The

date on which the contest for the election began and the date of the leadership

vote.

3. The

name and address of each leadership contestant as of the date of the leadership

vote.

4. The

name of the person who was elected as leader.

5. The

number of persons who were eligible to vote for a registered leadership

contestant, based on the registered party’s rules governing the leadership

contest.

6. The

number of persons who voted in the leadership contest.

7. The

number of votes that each registered leadership contestant received.

8. If

more than one ballot was required to elect the leader, the report must set out

the information required by paragraphs 6 and 7 for each ballot.

9. If

the registered party’s rules governing the leadership contest provide for a

special formula for determining the number of votes that each registered

leadership contestant received after each ballot, the report must set out, in

addition to setting out the number of votes as required by paragraph 7, the

number of votes that each registered leadership contestant received after the

special formula was applied for each ballot.

Notice

and publication

(2) The

Chief Electoral Officer shall,

(

a) communicate

to each leadership contestant the information that was reported with respect to

that contestant under subsection (1); and

(

b) publish

on a website on the Internet a notice containing the information referred to in

subsection (1).

Reporting,

appointed candidates

(3) Promptly

after a candidate is appointed as leader of a registered party, the chief

financial officer of the party shall notify the Chief Electoral Officer of the

name of the candidate who was appointed.

Reporting,

party president contest

(1) When

a person is elected as president, or the equivalent, of a registered party, the

chief financial officer of the party shall, within seven days after the person

is elected, file with the Chief Electoral Officer a report setting out the

following:

1. The

name of the registered party that the election concerns.

2. The

date on which the contest for the election began and the date on which polling

took place in respect of the election.

3. The

name and address of each candidate as of the date on which polling took place

in respect of the election.

4. The

name of the person who was elected.

5. The

number of persons who were eligible to vote in the contest.

6. The

number of persons who voted in the contest.

7. The

number of votes each candidate received.

Notice

and publication

(2) The

Chief Electoral Officer shall,

(

a) communicate

to each candidate the information that was reported with respect to that candidate

under subsection (1); and

(

b) publish

on a website on the Internet a notice containing the information referred to in

subsection (1).

Reporting,

appointed candidates

(3) Promptly

after a candidate is appointed as president, or the equivalent, of a registered

party, the chief financial officer of the party shall notify the Chief

Electoral Officer of the name of the candidate who was appointed.

Forms

All information

required to be filed with the Chief Electoral Officer shall be filed in the

form prescribed therefor by the Chief Electoral Officer.

Information

on file with Chief Electoral Officer

Section

15 of the Election Finances Act applies with

respect to reports filed with the Chief Electoral Officer under this Act.

Contested

Elections

Validity

of election, determination by action

(1) The

validity of an election shall be tried and determined by an action commenced in

the Superior Court of Justice.

Who

may commence action

(2) A

candidate at an election may commence an action.

Time

for commencing action

(3) No

action shall be commenced after the expiration of 30 days following the date of

the election.

Special

requirements

(4) When

an action is commenced, security shall be given on behalf of the plaintiff in

the amount of $2,000, in accordance with the practice in cases where a

plaintiff resides out of Ontario.

Purpose

of security

(5) The

security given under subsection (4) is to be applied towards payment of the

costs, charges and expenses, if any, that become payable by the plaintiff.

Practice

and procedure

(1) Subject

to the rules of court, the practice and procedure of the Superior Court of

Justice apply to an action commenced under

section 7.

Judge

without jury

(2) The

action shall be tried by a judge without a jury.

Appeals

to Court of Appeal

(1) An

appeal lies from the judgment of the Superior Court of Justice to the Court of Appeal.

Appeal

to be heard speedily

(2) The

appeal shall be heard as speedily as practicable.

Judgment

or new trial

(3) The

Court of Appeal may give any judgment that ought to have been pronounced or may

grant a new trial for the purposes of taking evidence or additional evidence

and may remit the case to the trial judge or to another judge and, subject to

any directions of the Court of Appeal, the case shall thereafter be proceeded

with as if there had been no appeal.

Appeal

from decision on new trial

(4) An

appeal lies from the decision of the trial judge to whom the case was remitted

by the Court of Appeal in accordance with the provisions of this section.

Offences

Offence

for false statement in report

person shall knowingly make a false statement in any report filed with the

Chief Electoral Officer under this Act.

Failure

to file reports

If a chief

financial officer of a registered party or a leader of a registered party knowingly

contravenes

section 2, 3 or 4,

(

a) the

chief financial officer or the leader, as the case may be, is guilty of an

offence and on conviction is liable to a fine of not more than $5,000; and

(

b) the

registered party is also guilty of an offence and on conviction is liable to a

fine of $50 for each day that the default continues.

Voting when not qualified, etc.

Every

person who, at an election,

(

a) not

being eligible to vote, votes; or

(

b) being

eligible to vote, votes more than once,

guilty of an offence and on conviction is liable to a fine of not more than

$5,000.

Wilful

miscount of ballots

Any

person responsible for counting the ballots for an election who wilfully

miscounts the ballots or otherwise wilfully makes up a false statement of the poll

is guilty of an offence and on conviction is liable to a fine of not more than

$25,000 or to imprisonment for a term of not more than two years less a day, or

to both.

Offences

relating to ballot papers

Every

person who,

(

a) without

being authorized to do so by a registered party or registered constituency

association, as the case may be,

(

i) supplies

a ballot to any person,

(ii) places

in a ballot box anything other than an official ballot, or

(iii) is

found to be in possession of, takes, opens or otherwise interferes with, a

ballot box, a ballot or books or a packet of ballots provided for use at, in

use at, or used for the purpose of an election;

(

b) gives

any paper other than a ballot for the purposes of being placed in the ballot

box;

(

c) takes

a ballot out of the polling place;

(

d) being

authorized by a registered party or registered constituency association, as the

case may be, to print the ballots for an election, prints more than he, she or

it is authorized to print; or

(

e) attempts

to commit any offence mentioned in this section,

guilty of an offence and on conviction is liable to a fine of not more than

$5,000.

Furnishing

false information

Every

person who furnishes false or misleading information to any person who is

authorized by the registered party or registered constituency association, as

the case may be, to act as an election official is guilty of an offence and on

conviction is liable to a fine of not more than $5,000.

Inducing

unqualified person to vote, etc.

Every

person who induces or procures any person to vote who has no right to vote is

guilty of an offence and on conviction is liable to a fine of not more than $5,000.

Penalty

if offence committed knowingly

If,

when a person is convicted of an offence under

section 12, 14, 15 or 16, the

presiding judge finds that the offence was committed knowingly, the person is

liable to one or both of the following:

1. A

fine of not more than $25,000, instead of the fine that would otherwise apply.

2. Imprisonment

for a term of not more than two years less a day.

General

offence

Every

person who contravenes any of the provisions of this Act, for which

contravention no penalty is otherwise provided, is guilty of an offence and on

conviction is liable to a fine of not more than $5,000.

Style

of prosecution

prosecution for an offence under this Act may be instituted against a registered

political party or registered constituency association in its own name and, for

the purposes of the prosecution, the registered political party or registered

constituency association is deemed to be a person.

Vicarious

responsibility

Anything

done or omitted by an officer, official or agent of a registered political

party or registered constituency association within the scope of his or her

authority to act on its behalf is deemed to be a thing done or omitted by the registered

political party or registered constituency association.

Consequential

Amendment, Commencement and

Short Title

Election

Finances Act

Subsections 41.1 (1), (2) and (2.1) of the Election

Finances Act are repealed.

Commencement

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

Short

title

The

short title of this Act is the Ensuring Transparency

and Integrity in Political Party Elections Act, 2019 .

Date Bill stage Event Outcome Committee

December 12, 2019

Second Reading

Ordered referred to Standing Committee

Standing Committee on General Government

December 12, 2019

Second Reading

Vote

Carried on division

December 12, 2019

Second Reading

Debated

November 26, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

November 26, 2019

Committee

Second Reading

December 12, 2019

Mrs. Belinda C. Karahalios, Mr. Taras Natyshak, Ms. Sandy Shaw, Ms. Peggy Sattler, Mr. John Fraser, Hon. Paul Calandra

December 12, 2019

December 12, 2019

Carried on recorded division. Referred to the Standing Committee on General Government.

Committee

Referred to the Standing Committee on General Government

Third Reading

Royal Assent

Acts affected - Bill 150

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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