Fewer Politicians Act, 1996
EXPLANATORY NOTE
Ontario's Representation Act divides the province into 130 provincial electoral districts and sets out detailed descriptions of their boundaries. At the federal level, Ontario is divided into only 99 electoral districts. This number will increase to 103 when the forthcoming federal readjustment takes effect, at the first dissolution of Parliament after January 7, 1997.
The Bill is intended to achieve savings by reducing the number of Ontario's provincial electoral districts. Beginning with the forthcoming federal readjustment and continuing as future federal readjustments take place, the number, names and boundaries of Ontario's provincial electoral districts will be identical to those of its federal electoral districts.
The Representation Act is replaced by a new Representation Act, 1996 that in effect adopts the federal electoral districts by reference. (See section 1 of Bill and Schedule.) Consequential amendments are made to the Election Act (section 2 of Bill), the Election Finances Act (section 3 of Bill) and the Legislative Assembly Act (section 4 of Bill).
The Bill is to come into force in two stages. First, the Bill (except for the new Representation Act and the Legislative Assembly Act amendments) is to be proclaimed. Second, the new Representation Act and the Legislative Assembly Act amendments are to come into force, in time for the first general election that occurs after the first anniversary of the proclamation date.
Two sets of transitional provisions are necessary.
The first set of transitional provisions will be needed once only, to deal with the transition from the old to the new Representation Act. (See section 7.2 of the Election Act in subsection 2 (2) of the Bill and section 44.3 of the Election Finances Act in section 3 of the Bill.)
The second set of transitional provisions will remain in place permanently, to be used whenever future federal readjustments take place. (See section 7.1 of the Election Act in subsection 2 (2) of the Bill and sections 44.1 and 44.2 of the Election Finances Act in section 3 of the Bill.)
Bill 811996
An Act to reduce the number of members of the Legislative Assembly by making the number and boundaries of provincial electoral districts identical to those of their federal counterparts and to make consequential amendments to statutes concerning electoral representation
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
REPRESENTATION ACT, 1996
New Act
1. (1) The Representation Act, 1996, as set out in the Schedule, is hereby enacted.
Repeals
(2) The Representation Act, the Representation Amendment Act, 1991, the Representation Amendment Act, 1993 and the Representation Amendment Act, 1993 (No. 2), are repealed.
ELECTION ACT
2. (1) The definition of "electoral district" in section 1 of the Election Act is repealed and the following substituted:
"electoral district" means an electoral district as determined under the Representation Act, 1996. ("circonscription électorale")
(2) The Act is amended by adding the following sections:
READJUSTMENT OF ELECTORAL DISTRICTS
Application
7.1 (1) This section applies when there is a federal readjustment as defined in the Representation Act, 1996.
Appointment of returning officers for new electoral districts
(2) During the transitional period described in subsection (3), the Lieutenant Governor in Council may appoint returning officers under subsection 7 (1) for the electoral districts set out in the draft representation order as well as for the existing electoral districts.
Same
(3) The transitional period begins on the proclamation date of the draft representation order under the Electoral Boundaries Readjustment Act (Canada) and ends on the day of the first dissolution of the Legislature that occurs after the first anniversary of the proclamation date.
Same
(4) Any appointments of returning officers for the existing electoral districts that are still in effect expire on the last day of the transitional period.
Transition, Representation Act, 1996
7.2 (1) During the transitional period described in subsection (2), the Lieutenant Governor in Council may appoint returning officers under subsection 7 (1) for the electoral districts determined under the Representation Act, 1996 as well as for the electoral districts set out in the Representation Act.
Same
(2) The transitional period begins on the day named by proclamation under subsection 5 (1) of the Fewer Politicians Act, 1996 and ends on the day of the first dissolution of the Legislature that occurs after the first anniversary of the day named by proclamation.
Same
(3) Any appointments of returning officers for the electoral districts set out in the Representation Act that are still in effect expire on the last day of the transitional period.
ELECTION FINANCES ACT
3. The Election Finances Act is amended by adding the following sections:
READJUSTMENT OF ELECTORAL DISTRICTS
Application
44.1 (1) This section and section 44.2 apply when there is a federal readjustment as defined in the Representation Act, 1996.
Definitions
(2) In this section and in section 44.2,
"anniversary date" means the first anniversary of the proclamation date; ("date d'anniversaire")
"new", when used in connection with electoral districts or constituency associations, refers to the electoral districts deemed to be established under the Representation Act, 1996 asa result of the federal readjustment and to their constituency associations; ("nouvelle")
"old", when used in connection with electoral districts or constituency associations, refers to the electoral districts that existed before the federal readjustment and to their constituency associations; ("ancienne")
"proclamation date" means the proclamation date of the draft representation order under the Electoral Boundaries Readjustment Act (Canada). ("date de la proclamation")
Registration of new constituency associations
(3) After the proclamation date, the Commission shall register new constituency associations in the register mentioned in subsection 11 (2).
Formal requirements of application
(4) The Commission shall register a new constituency association only if its application complies with subsection 11 (2) and is accompanied by a document, in a form prescribed by the Commission, indicating the approval of the registered political party concerned.
Automatic dissolution of old associations
(5) Except for the purposes of this section, every old registered constituency association is dissolved on the anniversary date.
Earlier dissolution at party's request
(6) The Commission shall, if the registered political party concerned so requests in writing, make an order dissolving an old registered constituency association as of a specified date before the anniversary date.
Assets and liabilities
(7) Before being dissolved under subsection (5) or (6), every old registered constituency association shall transfer its assets and liabilities to one or more new registered constituency associations, to the registered political party concerned or to both, subject to any written direction by the registered political party concerned.
Filing of direction
(8) A direction referred to in subsection (7) shall be filed with the Commission.
Authority to act on party's behalf
(9) Each registered political party shall provide the Commission with a document identifying the person or persons who have authority to perform the functions referred to in subsections (4), (6) and (7).
Report
(10) Within 90 days after the anniversary date, every old registered constituency association shall file with the Commission a statement setting out the assets and liabilities it still held, if any, on the day it was dissolved.
Deemed transfer to party
(11) Any assets and liabilities that an old constituency association still held on the day it was dissolved are deemed to have been transferred to the registered political party concerned on that day; the party may then transfer them to its new constituency associations as it sees fit.
Combining filings
(12) The Commission may allow an old constituency association to combine any reports and statements required to be filed under this Act with the previous calendar year's reports and statements.
Postponing filings
(13) The Commission may allow a new constituency association to postpone the filing of any reports and statements required under this Act until the end of the following calendar year.
By-election during transition period
44.2 (1) If a writ is issued for an election in an old electoral district after a registered constituency association has been dissolved under section 44.1, but before the first dissolution of the Legislature that occurs after the anniversary date, the registered political party concerned may,
(a) establish a provisional constituency association for the old electoral district;
(b) designate a new constituency association to act in the place of the old constituency association; or
(c) conduct the electoral campaign directly without interposing a provisional or designated constituency association.
Application of Act
(2) With respect to the campaign period, this Act applies to the provisional constituency association, designated constituency association or registered political party, as the case may be, as if it were a registered constituency association for the electoral district.
Same, campaign expenses
(3) Without limiting the generality of subsection (2), a registered political party that conducts an electoral campaign directly is entitled to incur campaign expenses under subsection 38 (2), to the same extent as a constituency association, in addition to its expenses under subsection 38 (1).
Transition, Representation Act, 1996
44.3 (1) Subject to subsection (2),
(a) section 44.1 also applies during the transitional period described in subsection (3);
(b) section 44.2 also applies when a writ is issued for an election during the transitional period described in subsection (3).
Same
(2) For the purposes of this section, the definitions of "new", "old" and "proclamation date" in subsection 44.1 (2) shall be read as follows:
"new", when used in connection with electoral districts or constituency associations, refers to the electoral districts established under the Representation Act, 1996; ("nouvelle")
"old", when used in connection with electoral districts or constituency associations, refers to the electoral districts set out in the Representation Act; ("ancienne")
"proclamation date" means the day named by proclamation under subsection 5 (1) of the Fewer Politicians Act, 1996. ("date de la proclamation")
Same
(3) The transitional period begins on the day named by proclamation under subsection 5 (1) of the Fewer Politicians Act, 1996, and ends on the day of the first dissolution of the Legislature that occurs after the first anniversary of the day named by proclamation.
LEGISLATIVE ASSEMBLY ACT
4. Section 1 of the Legislative Assembly Act is repealed and the following substituted:
Composition of Assembly
1. The Assembly is composed of the number of members that is determined under the Representation Act, 1996.
Commencement
5. (1) Subject to subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(2) Section 1, subsection 2 (1), section 4 and the Schedule come into force on the day of the first dissolution of the Legislature that occurs after the first anniversary of the day named under subsection (1).
Short title
6. The short title of this Act is the Fewer Politicians Act, 1996.
SCHEDULE
REPRESENTATION ACT, 1996
Definition
1. In this Act,
"federal Act" means the Electoral Boundaries Readjustment Act (Canada); ("Loi fédérale")
"federal electoral district" means an electoral district established under the federal Act; ("circonscription électorale fédérale")
"federal readjustment" means any establishment of federal electoral districts under the federal Act that occurs after this Act comes into force. ("révision fédérale")
Provincial electoral districts
2. (1) For the purpose of representation in the Legislative Assembly, Ontario is divided into electoral districts whose number, names and boundaries are identical to those of its federal electoral districts.
One member per district
(2) One member shall be returned to the Assembly for each electoral district.
Effect of federal readjustment
3. When there is a federal readjustment, new provincial electoral districts are deemed to be established in accordance with subsection 2 (1), in place of the existing provincial electoral districts that are affected, immediately after the first dissolution of the Legislature that follows the first anniversary of the proclamation date of the draft representation order under the federal Act.
Effect of federal change of name
4. (1) If only the name of a federal electoral district is changed, the name of the corresponding provincial electoral district undergoes the same change at the same time.
Exception
(2) However, if the federal change of name takes place after a writ for an election is issued in the corresponding provincial electoral district, the provincial change of name does not take place until the day after polling day.
Publication of notice
5. The Chief Election Officer shall publish in The Ontario Gazette notice of federal readjustments and of name changes described in section 4.