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Bill 78, Commissioner for Democratic Rights Act, 2025

Glover, Chris

Current status:

Second Reading Vote

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Bill 78 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Commissioner for Democratic Rights Act,

2025 . The Act provides that there shall be a Commissioner for Democratic

Rights who is an officer of the Assembly. The Assembly shall, by order, appoint

the Commissioner. An order appointing the Commissioner shall be made only

after, unless decided otherwise by unanimous consent of the Assembly, the

person to be appointed has been selected by unanimous agreement of a panel

composed of one member of the Assembly from each recognized party, chaired by

the Speaker who is a non-voting member. The Commissioner shall hold office for

a five-year term and may be reappointed for one further term. The Commissioner

may appoint a Deputy Commissioner.

The

Commissioner for Democratic Rights shall monitor barriers to voting; review

legislation, regulations and government actions with respect to their effects

on democratic rights and processes; review and report on provincial

interventions into local government structures, councils and elections and

promote civic education, encourage democratic participation and support special

reports to the Assembly regarding the state of democracy in Ontario. The

Commissioner may make recommendations for legislative or policy reforms to

strengthen democratic processes and to ensure fair and equal access to voting

for all Ontarians.

relation to these functions, the Commissioner for Democratic Rights may examine

any person on oath, may conduct an inquiry within the meaning of

section 33 of

the Public Inquiries Act, 2009 and may conduct

investigations.

Bill 78 2025

Act establishing a Commissioner for Democratic Rights

His

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

Province of Ontario, enacts as follows:

Commissioner

for Democratic Rights

(1) There

shall be a Commissioner for Democratic Rights who is an officer of the

Assembly.

Appointment

(2) The

Assembly shall, by order, appoint the Commissioner for Democratic Rights.

Same,

conditions

(3) An

order appointing the Commissioner for Democratic Rights shall be made only

after, unless decided otherwise by unanimous consent of the Assembly, the

person to be appointed has been selected by unanimous agreement of a panel

composed of one member of the Assembly from each recognized party, chaired by

the Speaker who is a non-voting member.

Office

of the Commissioner for Democratic Rights

(1) The

Office of the Commissioner for Democratic Rights consists of the Commissioner

for Democratic Rights, the Deputy Commissioner for Democratic Rights and such

other employees as the Commissioner may require for the proper conduct of the

business of the Office.

Remuneration

and expenses

(2) The

Legislature may determine the remuneration and expenses of any person referred

to in subsection (1).

Appropriation

required

(3) Subsection

(2) does not apply unless money has been appropriated by the Legislature for

the purpose of that subsection.

Term

of office

(1) The

Commissioner for Democratic Rights shall hold office for a term of five years

and may be reappointed for one further five-year term in accordance with

subsections 1 (2) and (3).

Continuation

in office

(2) By

order of the Assembly, the Commissioner for Democratic Rights may continue to

hold office after the expiry of their term of office until a successor is

appointed.

Restrictions

re other work, etc.

(1) The

Commissioner for Democratic Rights shall not be a member of the Assembly and

shall not, without prior approval by the Assembly, hold any other office or

employment.

Exception

(2) Despite

subsection (1), the Commissioner for Democratic Rights may hold more than one

office to which he or she has been appointed by the Assembly.

Deputy

Commissioner

(1) The Commissioner for

Democratic Rights may appoint a person to act as Deputy Commissioner for

Democratic Rights.

Same

(2) The

Deputy Commissioner for Democratic Rights, under the direction of the Commissioner

for Democratic Rights, shall assist in the exercise of the powers and the

performance of the duties of the Commissioner and, in the absence or inability

to act of the Commissioner, shall act in the place of the Commissioner.

Functions

(1) The

Commissioner for Democratic Rights shall perform the following functions:

1. Monitor

barriers to voting.

2. Review

legislation, regulations and government actions with respect to their effects

on democratic rights and processes.

3. Review

and report on provincial interventions into local government structures,

councils and elections.

4. Promote

civic education, encourage democratic participation and support special reports

to the Assembly regarding the state of democracy in Ontario.

Same

(2) The

Commissioner for Democratic Rights may make recommendations for legislative or

policy reforms to strengthen democratic processes and to ensure fair and equal

access to voting for all Ontarians.

Powers

(1) The

Commissioner for Democratic Rights has the following powers in relation to the

functions set out in

section 6:

1. The

Commissioner may examine any person on oath.

2. The

Commissioner may conduct an inquiry within the meaning of

section 33 of the Public Inquiries Act, 2009 .

3. The

Commissioner may conduct investigations.

Investigations

(2) Section

18 of the Ombudsman Act applies to an investigation

under paragraph 3 of subsection (1), with necessary modifications.

Commencement

This Act comes into force on the day that is 12 months after the day this Act receives

Royal Assent.

Short

title

The

short title of this Act is the Commissioner for

Democratic Rights Act, 2025 .

Date Bill stage Event Outcome Committee

December 11, 2025

Second Reading

Vote

Lost on division

December 10, 2025

Second Reading

Question put

Vote deferred

December 10, 2025

Second Reading

Debated

November 25, 2025

First Reading

Ordered for Second Reading

November 25, 2025

First Reading

Vote

Carried

First Reading

November 25, 2025

Carried

Ordered for Second Reading

Second Reading

December 10, 2025

Fife, Catherine

Waterloo

Glover, Chris

Spadina—Fort York

Hsu, Ted

Kingston and the Islands

Rae, Matthew

Perth—Wellington

Smith, Dave

Peterborough—Kawartha

Smyth, Stephanie

Toronto—St. Paul's

Vaugeois, Lise

Thunder Bay—Superior North

Wong-Tam, Kristyn

Toronto Centre

Question put

December 11, 2025

Lost on division

Vote on second reading - Lost (December 11, 2025)

Ayes

(35) Teresa J. Armstrong

Doly Begum

Jessica Bell

Stephen Blais

Guy Bourgouin

Aislinn Clancy

Lucille Collard

Lee Fairclough

Catherine Fife

John Fraser

Jennifer K. French

Wayne Gates

France Gélinas

Alexa Gilmour

Chris Glover

Lisa Gretzky

Andrea Hazell

Ted Hsu

Terence Kernaghan

Sol Mamakwa

Karen McCrimmon

Catherine McKenney

Mary-Margaret McMahon

Chandra Pasma

Tom Rakocevic

Peggy Sattler

Mike Schreiner

Adil Shamji

Stephanie Smyth

Jennifer (Jennie) Stevens

Marit Stiles

Peter Tabuns

John Vanthof

Tyler Watt

Kristyn Wong-Tam

Nays

(62) Tyler Allsopp

Deepak Anand

Aris Babikian

Ric Bresee

Hon. Paul Calandra

Hon. Raymond Sung Joon Cho

Hon. Stan Cho

Monica Ciriello

Hon. Steve Clark

Michelle Cooper

Hon. Stephen Crawford

Rudy Cuzzetto

George Darouze

Billy Denault

Jess Dixon

Andrew Dowie

Hon. Doug Downey

Hon. Jill Dunlop

Hon. Victor Fedeli

Mohamed Firin

Hon. Rob Flack

Hon. Doug Ford

Dawn Gallagher Murphy

Hardeep Singh Grewal

Silvia Gualtieri

Hon. Mike Harris

Hon. Kevin Holland

Hon. Sylvia Jones

Hon. Trevor Jones

John Jordan

Logan Kanapathi

Hon. Andrea Khanjin

Anthony Leardi

Hon. Stephen Lecce

Hon. Todd J. McCarthy

Hon. Caroline Mulroney

Hon. Sam Oosterhoff

Billy Pang

Hon. Michael Parsa

Hon. David Piccini

Natalie Pierre

Steve Pinsonneault

Hon. George Pirie

Hon. Nolan Quinn

Joseph Racinsky

Matthew Rae

Brian Riddell

Sheref Sabawy

Amarjot Sandhu

Hon. Prabmeet Singh Sarkaria

Stéphane Sarrazin

Brian Saunderson

Dave Smith

David Smith

Hon. Graydon Smith

Hon. Nina Tangri

Hon. Lisa M. Thompson

Hon. Michael A. Tibollo

Effie J. Triantafilopoulos

Paul Vickers

Daisy Wai

Hon. Charmaine A. Williams

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