Election Statute Law Amendment Act, 2007 Bountrogianni, Hon. Marie Minister Responsible for Democratic Renewal — Bill 218 (38th Parliament, 2nd Session)

Bill 218, 38-2

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Bill 218, Election Statute Law Amendment Act, 2007

Bountrogianni, Hon. Marie Minister Responsible for Democratic Renewal

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[38] Bill 218 Royal Assent (PDF)

Bill 218 2007

Act to amend the Election Act and the Election Finances Act and to make related

amendments to other Acts

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca .

Her

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

Amendments to Election Act

Election Act is amended by striking out "Acting Chief Election Officer"

wherever it appears and substituting in each case "Acting Chief Electoral

Officer".

2. The

Act is amended by adding the following sections:

Powers

under Public Inquiries Act

4.0.1 For

the purpose of carrying out any investigation or examination under this Act,

the Chief Electoral Officer has the powers of a Commission under

Part II of the

Public Inquiries Act , which Part applies to the

investigation or examination as if it were an inquiry under that Act.

Report

to Attorney General

4.0.2 The

Chief Electoral Officer shall report to the Attorney General any apparent contraventions

of this Act.

Section

4.1 of the Act is repealed and the following substituted:

Testing

voting and vote-counting equipment, alternative voting methods

4.1

(1) At

a by-election, the Chief Electoral Officer may direct the use of voting

equipment, vote-counting equipment or alternative voting methods that are

different from what this Act requires.

Direction

(2) The Chief Electoral Officer's direction shall describe

the voting equipment, vote-counting equipment or alternative voting methods in

detail and refer to the provisions of this Act that will not be complied with.

Notice

(3) No later than 21 days before polling day, the Chief

Electoral Officer shall,

(

a) provide

copies of the direction to the Speaker of the Assembly and to the leader of

each registered party; and

(

b) publish

the direction on a website on the Internet.

Validity

of election

(4) An election held in accordance with this

section is

not invalid by reason of any non-compliance with this Act that is authorized by

the Chief Electoral Officer's direction.

Report

to Speaker

(5) Within four months after polling day in the election,

the Chief Electoral Officer shall,

(

a) make

a report to the Speaker of the Assembly on the voting equipment, vote-counting

equipment or alternative voting methods used at the election; and

(

b) make

recommendations to the Speaker with respect to amending this Act so as to adopt

the voting equipment, vote-counting equipment or alternative voting methods on

a permanent basis.

Identification

4.2

(1) The Chief Electoral Officer shall,

(

a) determine

what document or class of document constitutes, for the purposes of each of the

provisions listed in subsection (2),

(

i) proof

of a person's identity, and

(ii) proof

of a person's place of residence; and

(

b) publish

the determination on a website on the Internet.

Same

(2) Clause (1) (

a) applies with respect to:

1. Clauses 17 (4) (a), (4) (b),

(6) (

b) and (6) (c).

2. Paragraph 1 of subsection

17.1.2 (1).

3. Clause 21 (10) (b).

4. Subsection 22 (1.1).

5. Clauses 47 (2) (

a) and (3)

(a).

6. Clause 47.1 (2) (b).

7. Subclause 51 (1) (b) (ii).

Advisory

committee

4.3

(1) The

Chief Electoral Officer shall establish an advisory committee consisting of one

or two members appointed by each registered party.

Mandate

(2) The advisory committee may provide recommendations,

when consulted by the Chief Electoral Officer, on the administration of this

Act and the Election Finances Act .

4. Subsections

13 (1), (2) and (3) of the Act are repealed and the following substituted:

Polling

places

(1) Subject to subsections (2), (3), (3.1) and (5) and to

section 14, the returning officer shall arrange for at least one polling place

for each polling division, furnished with light, heat and any other

accommodation and furniture that may be required.

Same

(2) The returning officer may unite two or more adjoining

polling divisions and provide one polling place for the resulting united

polling division.

Same

(3) With the Chief Electoral Officer's approval,

(

a) a

polling place may be provided outside the limits of its polling division; and

(

b) one

polling place may be provided for two or more polling divisions.

Criteria

re location of polling places

(3.1) In the selection of polling places under subsections

(1) and (6), the following factors shall be considered:

1. A

location's convenience for electors.

2. A

location's capacity.

3. The

extent to which electors are likely to be familiar with a location.

4. Any

significant geographic barriers that electors will encounter in reaching a

location.

5. Any

other factors that may be relevant to the proper conduct of the election.

Same

(3.2) A polling place may be situated in any public

building or on private property.

Saving

(3.3) Nothing in subsection (3.1) affects the obligation

Section

15.1 of the Act is repealed.

6. Subsections

17 (4), (5) and (6) of the Act are repealed and the following substituted:

Certificate

(4) On any day up to and including the day before polling

day, but not after 8 p.m. on the day before polling day, a person appointed as

a proxy voter under subsection (1) may present, to the returning officer or a

revision assistant of the electoral district,

(

a) the

application to vote by proxy and the appointment, both in the prescribed form,

together with proof of the appointing elector's identity in accordance with

section 4.2; and

(

b) proof

of the proxy voter's identity in accordance with

section 4.2.

Same

(5) The returning officer or revision assistant,

(

a) shall

examine the documents presented under subsection (4);

(

b) on

being satisfied as to the eligibility and qualifications of the appointing

elector and the proxy voter, shall require the proxy voter to make a statutory

declaration in the prescribed form; and

(

c) on

receiving the completed declaration, shall give the proxy voter a signed

certificate to vote.

Certificate

and identification

(6) In order to receive a ballot and to vote, a person

appointed as a proxy voter must present to the deputy returning officer at the

polling place,

(

a) a

certificate to vote, signed by the returning officer or revision assistant;

(

b) proof

of the proxy voter's identity in accordance with

section 4.2; and

(

c) if

the proxy voter is not named on the same polling list as the appointing

elector, proof of the proxy voter's place of residence in accordance with

section

4.2.

(1) Paragraph

1 of subsection 17.1 (4) of the Act is amended by striking out "section 15.1"

and substituting "section 17.1.2".

(2) Paragraph 3 of subsection 17.1 (4) of the Act is

repealed and the following substituted:

3. By

having research carried out by registration agents appointed under subsection

(4.1), including without limitation mailings, telephone calls, e-mails and

personal visits to the homes of persons who may be electors who are not named,

or not correctly named, in the permanent register.

4. By

having information packages distributed at locations where they are likely to

come to the attention of electors who are not named, or not correctly named, in

the permanent register.

5. By

having an enumeration conducted under

section 18, if the Chief Electoral

Officer is of the opinion that the permanent register will not be sufficiently

complete and accurate if updating is based only on information obtained under

paragraphs 1 to 4.

6. By

using any other technique that the Chief Electoral Officer considers will

assist in updating the permanent register.

(3) Section 17.1 of the Act is amended by adding the

following subsections:

Registration

agents

(4.1) The Chief Electoral Officer may appoint persons as

registration agents for the purpose of updating under this section.

Same

(4.2) Every registration agent, on being appointed, shall

take the prescribed oath or affirmation.

8. The

Act is amended by adding the following sections:

Electronic

system for confirmation of information

17.1.1

(1) The

Chief Electoral Officer shall establish and maintain an electronic system to

allow electors to verify and confirm information about themselves in the

permanent register of electors.

Access

(2) The electronic system shall be available for access by

electors on and after the later of the following days:

1. The

day the Election Statute Law Amendment Act, 2007 receives Royal Assent.

2. August

1, 2007.

Application

re permanent register

17.1.2

(1) An

elector may apply to have his or her name added to or removed from the

permanent register of electors in accordance with the following rules:

1. The

application shall be accompanied by proof of the elector's identity and place

of residence in accordance with

section 4.2.

2. During

the period that begins with the issue of a writ for an election and ends on the

day before polling day, the application may be submitted at an office of the

returning officer.

3. At

all other times except on polling day, the application may be,

i. submitted at the

office of the clerk of any municipality with territorial jurisdiction in the

electoral district, or

ii. sent

to the office of the Chief Electoral Officer.

Polling

day

(2) On polling day, an elector may not make an application

under this section, but may apply to the deputy returning officer or to a

revision assistant under

section 47.1 to be added to the list of electors.

Section

17.4 of the Act is amended by adding the following subsection:

Same

(5) Subsections (1) to (3) do not apply to a person with

respect to information about himself or herself that he or she obtains from the

permanent register under

section 17.1.1 or in some other way.

10. The

Act is amended by adding the following section:

Targeted Registration

Targeted

registration programs in years of regular general elections

17.14

(1) In

every calendar year in which a general election is to be held under subsection

9 (2), the Chief Electoral Officer shall conduct a targeted registration

program, which shall be completed before the writs are issued.

Purpose

(2) The purpose of a targeted registration program is to

improve the accuracy of the permanent register with respect to the following

criteria:

1. The

mobility of electors.

2. The

number of persons who have become electors because they have reached the age of

18, but are not yet named in the permanent register.

3. The

number of persons who have become electors because they have become citizens of

Canada, but are not yet named in the permanent register.

4. The

number of electors who have died but are still named in the permanent register.

5. Any

other matter that the Chief Electoral Officer considers relevant.

Target

areas

(3) A targeted registration program may be conducted for

any electoral district or any part of an electoral district, including a

building with multiple dwelling units, as the Chief Electoral Officer considers

desirable.

Registration

agents

(4) The Chief Electoral Officer may appoint persons as

registration agents for the purposes of a targeted registration program under

this section.

Same

(5) Every registration agent, on being appointed, shall

take the prescribed oath or affirmation.

Techniques

(6) In a targeted registration program, the following

techniques for obtaining information may be used, separately or in any

combination, as the Chief Electoral Officer considers desirabl

Document details

Collection	Ontario — Bills
Citation	Bill 218, 38-2
Type	bill
Volume / chapter	p38 s2 bill 218 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f9ca93c8f9b4356381a6b126cb3c5a8f388fdeec

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