Senatorial Selection Act, 2004 Runciman, Robert W. — Bill 72 (38th Parliament, 1st Session)

Bill 72, 38-1

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Bill 72, Senatorial Selection Act, 2004

Runciman, Robert W.

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[38] Bill 72 Original (PDF)

Bill 72 2004

An Act to provide

for the election in Ontario

of nominees for appointment

to the Senate of Canada

Preamble

In the 1987 Constitutional (Meech Lake) Accord, the First Ministers of Canada agreed, as an interim measure until Senate reform is achieved, that any person summoned to fill a vacancy in the Senate is to be chosen from among persons whose names

have been submitted by the government of the province to which the vacancy relates, and that persons whose names are submitted to the Queen's Privy Council for Canada for appointment to the Senate should be determined by the people of Ontario by

democratic election.

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

Interpretation

(1) In this Act,

"candidate" means a person,

(

a) who is nominated as a candidate,

(

b) who is nominated by a registered political party for endorsement as the official candidate of that party, or

(

c) who, on or after the date of issue of a writ for an election, declares himself or herself to be an independent candidate at the election; ("candidat")

"council" means a council of a local municipality or of an upper-tier municipality, or a local board; ("conseil")

"Senate nominee" means a person declared elected under this Act. ("candidat au Sénat")

Same

(2) For the purposes of this Act, a document that is required to be filed with the Chief Election Officer is filed when it is actually received by the Chief Election Officer.

Same

(3) Except as provided in this Act, words and phrases used in this Act have the meanings given to them in the Election Act .

PART I

GENERAL

Definitions

2. In this Part,

"polling day" includes voting day as defined in the Municipal Elections Act, 1996 ; ("jour du scrutin")

"returning officer" includes a clerk as defined in the Municipal Elections Act, 1996 . ("directeur du scrutin")

Submission to Privy Council

(1) The Government of Ontario shall submit the names of the Senate nominees to the Queen's Privy Council for Canada as persons who may be summoned to the Senate of Canada for the purpose of filling

vacancies relating to Ontario.

End of status of Senate nominee

(2) A person remains as a Senate nominee until the first to occur of,

(

a) the day the person is appointed to the Senate of Canada;

(

b) the day the person resigns as a Senate nominee by submitting a resignation in writing to the Minister responsible for this Act;

(

c) the day the person's term as a Senate nominee expires;

(

d) the day the person takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign power, or does

an act whereby the person becomes a subject or citizen, or entitled to the rights or privileges of

a subject or citizen, of a foreign power;

(

e) the day the person is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter;

(

f) the day the person is convicted of treason or convicted of a felony or of any infamous crime; or

(

g) the day the person ceases to be eligible to be nominated as a candidate under

section 8.

Application of Election Act

4. The Lieutenant Governor in Council may make regulations prescribing those provisions of the Election Act that apply or do not apply for the purposes of this Part and indicating, if necessary, to what

extent they apply or do not apply.

Authorization to commence election

(1) An election under this Act may be commenced at any time by the passing of an order of the Lieutenant Governor in Council,

(

a) setting out whether the election under this Act is to be held,

(

i) in conjunction with a general election under the Election Act ,

(ii) separately on a date provided for in the order, or

(iii) in conjunction with a regular election under the Municipal Elections Act, 1996 ;

(

b) authorizing the Lieutenant Governor to issue a writ of election in the prescribed form addressed to the Chief Election Officer and prescribing the date of the writ;

(

c) setting out the number of persons to be elected;

(

d) appointing nomination day;

(

e) appointing the day on which voting is to take place if voting is necessary.

Election in conjunction with provincial election

(2) Where an election under this Act is to be held in conjunction with a general election under the Election Act ,

(

a) the order under subsection (1) shall be made not later than three days after the issue of the writ of election under the Election Act;

(

b) nomination day shall be the same day as nomination day for the general election under the Election Act; and

(

c) polling day, if voting is necessary, shall be the same day as the day on which voting is to take place for the general election under the Election Act .

Election to be held separately

(3) Where an election under this Act is to be held separately on a date provided for in the order under subsection (1), the order,

(

a) shall appoint the 14th day after the date of the writ issued under clause (1) (

b) as nomination day; and

(

b) shall provide that, if voting is necessary, the 14th day after nomination day or, if the 14th day is a holiday, then the next following day not being a holiday, shall be the day on which voting is to take place.

Election to be held in conjunction with municipal election

(4) Where an election under this Act is to be held in conjunction with a regular election under the Municipal Elections Act, 1996 , the order under subsection (1),

(

a) shall be made not later than 14 days before nomination day;

(

b) shall appoint nomination day as the day determined in accordance with

section 31 of the Municipal Elections Act, 1996 ; and

(

c) shall appoint polling day as the day set out in

section 5 of the Municipal Elections Act, 1996 , if voting is necessary.

Issue of writ

6. On receipt of a writ under

section 5, the Chief Election Officer shall endorse on it the date on which the Chief Election Officer received it and shall,

(

a) advise each returning officer that a writ has been issued; and

(

b) transmit a copy of the writ to each returning officer.

Eligibility as election officials

7. A member of the Senate of Canada may not be appointed as an election official for the purpose of conducting an election under this Act.

Eligibility for nomination

8. A person is eligible to be nominated as a candidate in an election under this Act if,

(

a) on the day the nomination paper is filed, the person,

(

i) meets the qualifications set out in

section 23 of the Constitution Act, 1867 ,

(ii) is not a member of the House of Commons or Senate of Canada, and

(iii) is not a member of the Legislative Assembly;

(

b) in the case of an election under this Act that is being held in conjunction with a general election under the Election Act , the person is not a candidate at the general election under that Act;

(

c) in the case of an election under this Act that is being held in conjunction with the regular election under the Municipal Elections Act, 1996 , the person is not a candidate at the regular election under that Act;

(

d) the person is not prohibited from being a candidate for an election under the Election Act;

(

e) the person is not prohibited from being a candidate for an election under this Act under any provisions of the Election Act , as those provisions apply to this Act; and

(

f) the person is and has been ordinarily resident in Ontario for at least six months immediately preceding polling day.

Nomination of candidates

(1) At any time following publication of the proclamation referred to in

section 34 or 45 and prior to 2 p.m. of the date fixed for the closing of nominations, 500 or more electors may nominate a person

eligible to be a candidate as a candidate by signing a nomination paper in the prescribed form and filing it with the Chief Election Officer.

Witness

(2) The signatures of the electors nominating a candidate shall be witnessed by another elector who shall complete the required affidavit prior to the filing of the nomination papers.

Failure to file nomination papers in time

(3) A person who is a candidate by virtue of clause (

b) or (

c) of the definition of "candidate" in subsection 1 (1) and who does not file the person's nomination papers prior to the time set for the closing of nominations ceases to

be a candidate on the closing of nominations.

Official agents of candidates

(1) Each person being nominated as a candidate shall appoint an elector to be the person's official agent on the person's nomination and shall include the name, address and telephone number of the

person so appointed in the appropriate place on the nomination form.

Duties of agent

(2) The duties of an official agent are those prescribed by the candidate.

Restriction

(3) The official agent shall not perform the duties of the chief financial officer unless the official agent is the candidate's chief financial officer.

New official agent

(4) If it becomes necessary to appoint a new official agent, the candidate shall immediately notify the Chief Election Officer in writing of the name, address and telephone number of the person so appointed.

Filing nomination papers

(1) A nomination paper is not valid unless,

(

a) it states an address within Ontario at which documents may be served and notices given respecting the candidate;

(

b) it contains the appointment, name, address and telephone number of the official agent of the person being nominated;

(

c) it states that the person being nominated,

(

i) is eligible under

section 8 for nomination, and

(ii) consents to the person's nomination;

(

d) it states whether the person being nominated is an independent candidate or is the officially endorsed candidate of a registered political party;

(

e) it is accompanied with an affidavit in the prescribed form of each elector who witnessed the signatures of the electors nominating the candidate;

(

f) the candidate is a registered candidate under the Election Finances Act for the purposes of an election under this Act;

(

g) it is accompanied with a deposit of $4,000;

(

h) it is signed by the candidate; and

(

i) it is filed with the Chief Election Officer prior to 2 p.m. of the date fixed for the closing of nominations.

Certificate, candidate of registered party

(2) If the person being nominated is the candidate of a registered political party, the person shall, at the time of filing the person's nomination paper, file a certificate in the prescribed form stating that the person is a

candidate for that registered political party.

Receipt

(3) On the filing of a valid nomination paper, the Chief Election Officer shall give a receipt in the prescribed form, which is proof of receipt of the deposit and of the filing of the nomination paper.

Deposit of candidate

(1) The Chief Election Officer shall not accept a deposit tendered under clause 11 (1) (

g) unless it consists of,

(

a) Bank of Canada notes;

(

b) a certified cheque or certified bill of exchange;

(

c) a bank or postal money order; or

(

d) a combination of any of those forms.

Refund

(2) The deposit shall be refunded to the candidate if the candidate,

(

a) is elected;

(

b) obtains a number of votes equal to at least one-half of the total number of votes obtained by the candidate elected with the least number of votes; or

(

c) withdraws within 48 hours after the filing of the candidate's nomination paper.

Death of candidate

(3) If a candidate dies after being nominated and prior to the closing of the polling places on polling day, the deposit shall be refunded to the candidate's personal representative.

Deposit not refunded

(4) A deposit that is not refunded under this

section sh

Document details

Collection	Ontario — Bills
Citation	Bill 72, 38-1
Type	bill
Volume / chapter	p38 s1 bill 72 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a7a253d3d98877d978a2d4d77233a3a457845991

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