Bill 36, Election Statute Law Amendment Act, 1998

[36] Bill 36 Original (PDF)

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Bill 36 1998

An Act to amend the Election Act and the Election Finances Act, and to make related amendments to other statutes

CONTENTS

Election Act Amendments

Election Finances Act Amendments

Amendments to Other Statutes

Corporations Tax Act

Income Tax Act

Transitional Provision

Commencement

Short title

Sections

1-50

51-79

80

81

82

83

84

Modification de la Loi électorale

Modification de la Loi sur le financement des élections

Modification d'autres lois

Loi sur l'imposition des corporations

Loi de l'impôt sur le revenu

Disposition transitoire

Entrée en vigueur

Titre abrégé

Articles

1-50

51-79

80

81

82

83

84

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

AMENDMENTS TO THE ELECTION ACT

1. (1) The French version of the definition of "Board" in section 1 of the Election Act is repealed and the following substituted:

"

Commission" La Commission de régie interne visée à l'article 87 de la Loi sur l'Assemblée législative. ("Board")

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 28, section 2, is further amended by adding the following definition:

"

by-election" means an election other than a general election. ("élection partielle")

(3) The definitions of "registered candidate" and "registered party" in section 1 of the Act are amended by striking out "Commission on Election Finances" wherever it appears and substituting in each case "Chief Election Officer".

(4) The definition of "residence" in section 1 of the Act is repealed.

2. The Act is amended by adding the following section:

Residence

1.1 (1) For the purposes of this Act, a person's residence is the permanent lodging place to which, whenever absent, he or she intends to return.

Rules

(2) The following rules apply in determining a person's residence:

1. A person may only have one residence at a time.

2. The place where a person's family resides is also his or her residence, unless he or she moves elsewhere with the intention of changing his or her permanent lodging place.

3. If a person has no other permanent lodging place, the place where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns is his or her residence.

4. In the case of a person who is an inmate in a penal or correctional institution under sentence of imprisonment, the place where he or she last resided before being imprisoned shall be deemed to be his or her residence.

Rules if no permanent lodging place

(3) If a person has no permanent lodging place as described in subsections (1) and (2), the following rules apply in determining his or her residence:

1. The place to which the person most frequently returned to sleep or eat during the five weeks preceding the determination is his or her residence.

2. If the person returns with equal frequency to one place to sleep and to another to eat, the place to which he or she returns to sleep is his or her residence.

3. Multiple returns to the same place during a single day, whether to eat or sleep, shall be considered one return.

4. A person's affidavit regarding the places to which he or she returned to eat or sleep during a given time period is conclusive, in the absence of evidence to the contrary.

3. Subsection 3 (1) of the Act is amended by striking out "deputy returning officers and poll clerks" in the seventh and eighth lines and substituting "all election officers appointed by the returning officer".

4. The Act is amended by adding the following section:

Testing voting and vote-counting equipment, alternative voting methods

4.1 (1) At a by-election, the Chief Election Officer may direct the use of voting equipment, vote-counting equipment or alternative voting methods that are different from what this Act requires, if an agreement authorizing their use is in effect.

Agreement

(2) The following rules apply to the agreement mentioned in subsection (1):

1. The parties to the agreement shall be the Chief Election Officer and the leader of every political party that has a recognized membership of 12 or more persons in the Assembly.

2. The agreement 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.

3. The agreement shall be unanimous.

Validity of election

(3) An election held in accordance with an agreement under this section is not invalid by reason of any non-compliance with this Act that is authorized by the agreement.

Report to Speaker

(4) Within 12 months after polling day in the election, the Chief Election 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.

5. Subsection 6 (1) of the Act is repealed and the following substituted:

Application

(1) Subsection (1.1) applies in respect of an employee who is a returning officer or has been appointed by a returning officer to be a poll official.

Leave

(1.1) Every employer shall, on an employee's request made at least seven days before the leave is to begin, grant the employee leave to perform his or her duties under this Act; the employer shall not dismiss or otherwise penalize the employee because the employee has exercised the right to be granted leave.

6. Subsection 7 (11) of the Act is amended by striking out "at any time during an election period" in the first and second lines.

7. Subsection 8 (2) of the Act is amended by striking out "without the prior approval of the Chief Election Officer" in the fourth and fifth lines.

8. Clause 9 (a) of the Act is repealed and the following substituted:

(a) for the close of nominations and the grant of a poll where required, which day shall be a Thursday that is not more than 42 days and not less than 14 days after the date of the writs of election.

9. Section 11 of the Act is repealed and the following substituted:

Notice of Election

Notice by returning officer

11. (1) Forthwith after receiving the writ of election, the returning officer shall prepare a notice of election that states,

(a) the dates and times during which and the place where the list of electors may be revised;

(b) the date, place and time fixed for the close of nominations of candidates and for the granting of a poll, if required; and

(c) the days and times fixed for holding the advance polls and the general poll.

Posting, etc., of notice

(2) The returning officer shall cause the notice to be printed and copies to be posted in conspicuous places in the electoral district.

Publication

(3) The Chief Election Officer shall publish the notice,

(a) in The Ontario Gazette\; and

(b) on a website on the Internet.

10. Section 13 of the Act is amended by adding the following subsection:

Same

(4.1) A municipality, school board or provincially funded institution that makes premises available under subsection (4) shall do so free of charge.

11. (1) Clause 15 (1) (c) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed.

(2) Section 15 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding the following subsections:

Intention to return to Ontario

(1.1) Despite clause (1) (d), a person who ceased to reside in the electoral district within the two years before polling day is entitled to vote there if,

(a) he or she resided in Ontario for at least 12 consecutive months before ceasing to reside in Ontario;

(b) he or she intends to reside in Ontario again; and

(c) his or her last Ontario residence was in the electoral district.

Exceptions to two-year limitation

(1.2) The two-year limitation in subsection (1.1) does not apply to,

(a) a person who is absent from Ontario,

(i) on active military duty as a member of the armed forces of Canada,

(ii) in the service of the Government of Ontario, or

(iii) to attend an educational institution;

(b) a person who is absent from Canada in the service of the Government of Canada; or

(c) a person who is absent from Ontario as a member of the family of a person to whom clause (a) or (b) applies.

(3) Subsection 15 (3) of the Act is amended by striking out "under the provisions of section 51" in the fourth and fifth lines and substituting "under this Act".

12. The Act is amended by adding the following section:

Applications re Permanent Register of Electors

Self-registration

15.1 (1) An elector may apply to have his or her name added to or removed from the permanent register of electors maintained under section 17.1.

Supporting information

(2) The application shall be accompanied by information establishing the elector's identity, as required by the Chief Election Officer.

Where application is made

(3) The application may be made,

(a) during the period that begins with the issue of a writ for an election and ends on the day before polling day, at an office of the returning officer;

(b) at all other times except on polling day, at the office of the clerk of any municipality with territorial jurisdiction in the electoral district.

Polling day

(4) On polling day, an elector may not make an application under this section, but may apply to the deputy returning officer under section 18.3 to be added to the list of electors.

13. Section 16 of the Act is repealed.

14. Subsections 17 (1) and (4) of the Act are repealed and the following substituted:

Appointment of proxy

(1) An elector who has reason to believe that he or she will, for any reason, be unable to vote at the advance poll or on polling day may apply in writing to vote by proxy and appoint some other elector in the electoral district to vote for him or her at the election.

. . . . .

Certificate

(4) On any day up to and including the day before polling day, a person appointed as a proxy voter under subsection (1) may present the application to vote by proxy and the appointment in the prescribed form to the returning officer or a revision assistant of the electoral district.

15. The Act is amended by adding the following sections:

Permanent Register of Electors

Duty of Chief Election Officer

17.1 (1) The Chief Election Officer shall establish and maintain a permanent register of electors for Ontario.

Updating

(2) The Chief Election Officer shall verify the accuracy of the permanent register and take any steps that he or she considers necessary to ensure that it is as accurate as reasonably possible.

Same

(3) The following rules apply to updating under subsection (2):

1. The permanent register shall be updated with respect to all of Ontario,

i. at least once in each calendar year, and

ii. as soon as possible after a writ is issued for a general election, unless the most recent previous updating was done within two months before the day the writ is issued.

2. The permanent register shall be updated with respect to an individual electoral district as soon as possible after a writ is issued for a by-election to be held there, unless the most recent previous updating was done within two months before the day the writ is issued.

3. The permanent register shall be updated with respect to all of Ontario at a registered party's request. However, in that case the costs of updating, as determined by the Chief Election Officer, shall be paid by the party.

Sources of information

(4) For the purposes of subsections (1) and (2), the Chief Election Officer may obtain information in any combination of the following ways:

1. In accordance with section 15.1.

2. By obtaining it from any source that he or she considers reliable, including, without limiting the generality of "any source",

i. the Chief Electoral Officer of Canada,

ii. the Government of Canada and its agencies,

iii. the Government of Ontario and its agencies,

iv. any municipality in Ontario (including regional and district municipalities and the County of Oxford) and its local boards.

3. By having an enumeration conducted under section 18.

Obligation to provide information

(5) When the Chief Election Officer, for the purposes of subsections (1) and (2), requests information from an entity mentioned in subparagraph iii or iv of paragraph 2 of subsection (4), the entity is required to provide the information.

Provision of information by Chief Election Officer

17.2 The Chief Election Officer may, for electoral purposes, provide information from the permanent register of electors to,

(a) the Chief Electoral Officer of Canada; and

(b) any municipality in Ontario (including regional and district municipalities and the County of Oxford) and its local boards.

Access by registered parties and MPPs to updated permanent register

17.3 (1) Whenever the permanent register of electors has been updated under paragraph 1 or 2 of subsection 17.1 (2),

(a) the Chief Election Officer shall notify every registered party and every member of the Assembly that updating is complete;

(b) a registered party is entitled to receive, on request,

(i) a copy of the permanent register, if it was updated with respect to all of Ontario, or

(ii) a copy of the part of the permanent register that relates to an electoral district, if the updating was done with respect to the electoral district; and

(c) a member of the Assembly is entitled to receive, on request, a copy of the part of the permanent register that relates to his or her electoral district, if the updating was done in respect to all of Ontario or in respect to the electoral district.

Exception, updating at party's request

(2) When the permanent register is updated under paragraph 3 of subsection 17.1 (2), only the party that made the request and its members of the Assembly are entitled to receive copies of the permanent register from the Chief Election Officer.

Printed or electronic format

(3) A copy of the permanent register may be provided in printed or electronic format, at the Chief Election Officer's option.

Restrictions on use of information

17.4 (1) A person who obtains information, directly or indirectly, from the permanent register or from a list of electors prepared from the permanent register,

(a) shall use it only for electoral purposes;

(b) shall not use it for commercial purposes; and

(c) may disclose it to others only after obtaining their written acknowledgment that they are bound by the restrictions in this subsection.

Scope

(2) Subsection (1) applies,

(a) whether the information was obtained under section 17.3, under subsection 19 (3) or in some other way; and,

(b) whether the person obtained it in printed or electronic format or examined it in either format without obtaining a copy.

Downloading

(3) A person who obtains information from the permanent register in electronic format shall not reproduce, store or transmit any part of the information by electronic means for any purpose.

Exception

(4) Subsection (3) does not apply to,

(a) a person or party who obtains the information under section 17.3; or

(b) a person or entity who obtains the information from a person or party described in clause (a), if there is compliance with clause (1) (c).

Guidelines

17.5 The Chief Election Officer may provide guidelines for compliance with section 17.4 and publish them,

(a) in The Ontario Gazette\; and

(b) on a website on the Internet.

Policy re information from permanent register or list of electors

17.6 (1) Every registered party shall develop and implement a policy to ensure that its candidates, members of the Assembly, employees and agents comply with section 17.4 and any guidelines provided under section 17.5.

Disclosure of policy to Chief Election Officer

(2) The party shall disclose the policy to the Chief Election Officer on his or her request.

Publication of policy and discrepancies

(3) The Chief Election Officer is entitled to make public,

(a) a policy disclosed under subsection (2);

(b) any discrepancies among,

(i) the policy,

(ii) the guidelines, if any, provided under section 17.5, and

(iii) the actual practices of the party and of its candidates, members of the Assembly, employees and agents.

Independent candidates and members

(4) Subsections (1), (2) and (3) also apply to independent candidates and members of the Assembly, with necessary modifications.

16. (1) Subsections 18 (1), (2) and (3) of the Act are repealed and the following substituted:

Application

(1) Subsection (2) applies if the Chief Election Officer is of the opinion that the register of electors will not be sufficiently complete and accurate with respect to an electoral district if updating is based only on information obtained under paragraphs 1 and 2 of subsection 17.1 (4).

Enumeration

(2) The Chief Election Officer may cause an enumeration to be conducted and, in that case, shall designate the period during which it shall take place.

Part or all of electoral district

(3) An enumeration may be conducted,

(a) for the entire electoral district; or

(b) for any part of the electoral district, including a building with multiple dwelling units.

Appointment of enumerators

(3.1) The returning officer shall appoint two persons as enumerators for each polling division affected by the enumeration.

Political interests

(3.2) The enumerators for each polling division shall, as far as possible, represent two different political interests.

Age

(3.3) Only a person who is of voting age may be an enumerator, unless the Chief Election Officer authorizes the returning officer to appoint persons who are at least 16 years of age.

Nomination by constituency associations

(3.4) When an enumeration is to be conducted, the following entities shall give the returning officer lists of nominations for appointment as enumerators:

1. The constituency association endorsed by the registered party represented by the government of the day.

2. The constituency association endorsed by the registered party whose candidate received the highest or next highest number of votes, as the case may be, at the previous election.

(2) Subsection 18 (5) of the Act is repealed and the following substituted:

Candidates

(5) No person who apparently will be a candidate at the next election for the electoral district shall be an enumerator.

(3) Section 18 of the Act is amended by adding the following subsections:

Same

(15) The forfeiture referred to in subsection (14) is in addition to any penalty that may be imposed on conviction under section 93.

Preparation and delivery of list

(16) Immediately after completing the canvass of their polling division the enumerators shall,

(a) prepare from their records of the canvass a list of electors, in the prescribed form and as directed by the returning officer;

(b) certify the total number of names contained in the list; and

(c) deliver the list, together with all used and unused material, to the returning officer or to the person the returning officer designates.

Deadline

(17) The enumerators shall complete the performance of all their duties under this section within four days after their appointment.

Notice of enumeration

(18) The returning officer shall ensure that a notice of enumeration is delivered to each elector whose name appears in the list.

17. Sections 18.1 and 18.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 7, section 1, are repealed.

18. (1) Subsection 18.3 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 7, section 1, is repealed and the following substituted:

Addition on polling day

(1) On polling day, an elector whose name is not on the list may apply to the deputy returning officer or to a revision assistant to have it added.

(2) Clause 18.3 (2) (b) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 7, section 1, is amended by inserting after "deputy returning officer" in the second and third lines "or revision assistant".

(3) Subsection 18.3 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 7, section 1, is amended by inserting after "deputy returning officer" in the first line "or revision assistant".

19. Section 19 of the Act is repealed and the following substituted:

List of Electors

Duty of Chief Election Officer

19. (1) As soon as possible after a writ of election is issued, the Chief Election Officer shall,

(a) provide the returning officer with a copy of a list of electors, prepared from the permanent register of electors; and

(b) advise the returning officer of the date on which the permanent register was most recently updated.

Same

(2) If subparagraph ii of paragraph 1 or paragraph 2 of subsection 17.1 (3) (updating for election) applies, the Chief Election Officer shall provide the returning officer with a copy of the resulting list of electors, prepared from the newly updated permanent register, as soon as possible.

Disposition of list

(3) As soon as possible after receiving a copy of the list of electors under subsection (1) or (2), the returning officer shall arrange for,

(a) one copy of the list to be retained in the returning office and made available for public examination;

(b) one copy of the list to be furnished as soon as possible to the clerk of each municipality with territorial jurisdiction in the polling division;

(c) two printed copies and one electronic version of the list to be furnished to each candidate in the electoral district.

Duty of municipal clerk

(4) A municipal clerk who receives a copy of the list under clause (3) (b) shall ensure that it is retained and made available for public examination in an office of the municipality.

Printed or electronic format

(5) A copy referred to in clause (3) (a) or (b) may be provided in printed or electronic format, at the Chief Election Officer's option.

Number of electors

(6) A list of electors provided under subsection (1) or (2) shall include a statement of the total number of names it contains.

20. Section 20 of the Act is amended by adding the following subsection:

Signature of complainant

(1.1) The complaint shall identify the complainant and bear his or her signature.

21. Subsection 21 (3) of the Act is amended by striking out "who were missed by the enumerators" in the last two lines and substituting "whose names do not appear on the list of electors".

22. Subsection 22 (2) of the Act is amended by inserting after "subsection (1)" in the second line "or subsection 23 (1.1), 24 (1) or 24 (2.1)".

23. Section 23 of the Act is amended by adding the following subsection:

Who may apply

(1.1) An application referred to in subsection (1) may be made by the elector or by another person acting on the elector's behalf.

24. Section 24 of the Act is amended by adding the following subsections:

Restricted mobility

(1.1) Subsection (1) also applies, with necessary modifications, to an elector who could vote more conveniently in another polling division because his or her mobility is impaired by disability or by some other cause.

. . . . .

Who may apply

(2.1) An application referred to in subsection (2) may be made by the elector or by another person acting on the elector's behalf.

25. (1) Subsection 27 (5) of the Act is repealed and the following substituted:

Deposit

(5) A deposit of $200 shall be handed to the returning officer at the time the nomination paper is filed.

Same

(5.1) The deposit may be paid in cash, by money order or by certified cheque made payable to the Chief Election Officer.

(2) Subsection 27 (9) of the Act is amended by striking out "Commission on Election Finances" in the sixth and seventh lines and substituting "Chief Election Officer".

26. (1) Subsection 33 (1) of the Act is amended by striking out "manufactured to contain a special thread or watermark so placed as to run through each ballot" in the fourth, fifth and sixth lines and substituting "manufactured to contain a security feature so placed as to run through each ballot".

(2) Subsection 33 (2) of the Act is amended by striking out "cause the number of sheets received to be counted" in the sixth and seventh lines and substituting "cause the quantity received to be accounted for".

27. Subsection 35 (2) of the Act is amended by striking out "number of sheets of ballot paper received" in the fifth and sixth lines and substituting "quantity of ballot paper received".

28. Subsections 39 (1) and (2) of the Act, and subsection 39 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, are repealed and the following substituted:

Appointment by R.O.

(1) The returning officer shall appoint a deputy returning officer and a poll clerk for each polling place.

Rules

(2) The following rules apply to the appointment of deputy returning officers and poll clerks:

1. They shall be appointed so as to represent two different political interests.

2. They shall be electors in the electoral district and shall not be candidates.

3. If possible, the deputy returning officer shall be appointed from a list of persons provided by the candidate of the registered party represented by the government of the day, and the poll clerk from a list of persons provided by the candidate of a different political interest the candidate for which at the most recent election received the highest or next highest number of votes, as the case may be.

4. The returning officer shall make the appointments on the 10th day before polling day, but may do so earlier if the candidate who would be entitled to provide a list advises the returning officer that the right to provide the list will not be exercised.

5. Nothing in this section requires the returning officer to appoint a person who, in the returning officer's opinion, is unlikely to perform the duties of the office in a satisfactory manner.

29. Section 42 of the Act is amended by adding the following subsection:

Communications devices

(3.1) No person shall operate a communications device in a polling place unless he or she does so with the permission of the returning officer, obtained in advance.

30. (1) Clauses 44 (1) (a) and (b) of the Act are repealed and the following substituted:

(a) at an office of the returning officer, provided the ballots have been printed, on the 12th, 10th and 9th days before polling day; and

(b) at an office of the returning officer and at designated other locations on the 8th, 7th and 6th days before polling day.

(2) Subsection 44 (3) of the Act is amended by striking out "from 11 a.m. to 8 p.m." in the second line and substituting "from 10 a.m. to 8 p.m.".

31. Subsections 47 (3), (4), (5) and (6) of the Act are repealed and the following substituted:

Statutory declaration

(3) A deputy returning officer shall require a person offering to vote to execute the prescribed statutory declaration if,

(a) the deputy returning officer has reason to believe that the person,

(i) is not an elector,

(ii) has already voted,

(iii) is attempting to vote under a false name, or

(iv) is falsely representing himself or herself as being on the list; or

(b) a candidate or scrutineer who is an elector requests that the deputy returning officer require the person to execute the statutory declaration.

Alleged personation

(4) A person who has executed the prescribed statutory declaration and otherwise established his or her identity to the deputy returning officer's satisfaction is entitled to receive a ballot, even if another person has already voted under the first-named person's name.

Poll record

(5) When a person is required to execute the prescribed statutory declaration under subsection (3), a note shall be made in the poll record,

(a) indicating whether he or she executed the statutory declaration or refused to do so;

(b) confirming that the person received a ballot, if that is the case;

(c) stating that another person had already voted under the first-named person's name, if that is the case;

(d) stating any objections made on behalf of a candidate and, if so, which candidate.

Effect of refusal

(6) An elector who refuses to execute the prescribed statutory declaration when required to do so forfeits the right to vote.

32. Subsection 48 (2) of the Act is repealed and the following substituted:

Verification of ballot

(2) The elector shall then refold the ballot so that the initials on the back are visible and hand it to the deputy returning officer who shall, without unfolding it,

(a) ascertain by examining his or her initials that it is the same ballot that was issued to the elector; and

(b) return it to the elector.

Deposit in ballot box

(2.1) The elector shall immediately and in full view of all present place the ballot in the ballot box, whereupon the poll clerk shall indicate in the poll record that the elector has voted.

33. Section 49 of the Act is repealed and the following substituted:

Certificate of error

49. (1) If satisfied that a person's name was added at the revision but omitted from the polling list in error, the returning officer may issue a certificate of the fact.

Information for candidates

(2) The returning officer shall furnish each candidate with a list of certificates issued under subsection (1).

34. Section 54 of the Act is repealed and the following substituted:

Cancelled Ballot

Replacement of ballot

54. (1) The deputy returning officer may replace a ballot with another one if,

(a) it has been improperly printed;

(b) it has inadvertently been dealt with in such a manner that it cannot be used; or

(c) it has been returned as described in subsection (2).

Return by elector

(2) An elector is entitled to return the ballot that was issued to him or her to the deputy returning officer and receive another one if,

(a) the elector objects to the ballot for any reason; or

(b) the elector has marked the ballot issued to him or her otherwise than he or she intended.

Ballot marked in error

(3) Before returning a ballot described in clause (2) (b) to the deputy returning officer, the elector shall make it unusable by placing a mark or cross in all the circular spaces.

Poll record

(4) When a ballot is replaced under subsection (1), the deputy returning officer shall,

(a) immediately write "cancelled" or "annulé" on the back of the replaced ballot;

(b) keep the replaced ballot to be returned to the returning officer; and

(c) cause an entry to be made in the poll record stating the reasons for cancelling the ballot.

35. Section 57 of the Act is amended by adding the following subsection:

Ballot not initialed at time of issue

(3.1) Without limiting the generality of subsection (3), if the deputy returning officer is satisfied that a ballot lacking the initials required by subsection 47 (2) was nevertheless duly issued, he or she shall initial it and accept it as a valid ballot.

36. Section 64 of the Act is amended by striking out "and to the Commission on Election Finances" in the seventh and eighth lines.

37. Subsection 67 (2) of the Act is repealed and the following substituted:

Difference less than 25

(2) If the difference between the number of votes cast for the candidate with the largest number of votes and the candidate with the next largest number is less than 25, the returning officer shall apply for a recount under section 71.

38. (1) Subsection 71 (1) of the Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of it clause (b) and by adding the following clause:

(c) subsection 67 (2) applies.

(2) Section 71 of the Act is amended by adding the following subsections:

Time for recount

(1.1) The recount shall be held within 10 days after the judge's hearing of the application.

. . . . .

Exception

(3) Subsection (2) does not apply if the returning officer is the applicant.

39. Subsection 73 (5) of the Act is repealed and the following substituted:

Procedure

(5) At the appointed time and place, the judge shall supervise the recount.

Same

(6) The recount may be made from the original statements of the poll or from the actual ballots, for which purpose the sealed envelopes referred to in section 58 may be opened.

40. Section 74 of the Act is amended by striking out "conduct" in the first line and substituting "supervise".

41. Subsection 84 (1) of the Act is amended by striking out "but excluding those related to enumeration which shall be destroyed" in the last three lines.

42. Section 86 of the Act is amended by adding the following subsection:

Exception

(2.1) Subsection (2) does not prohibit the Chief Election Officer or an authorized member of his or her staff from inspecting ballots in the course of investigating a possible corrupt practice.

43. Section 93 of the Act is amended by striking out "deputy returning officer or poll clerk" in the second and third lines and substituting "deputy returning officer, poll clerk or enumerator".

44. The Act is amended by adding the following section:

Bribery

96.1 No person shall, directly or indirectly,

(a) offer, give, lend, or promise or agree to give or lend any valuable consideration in connection with the exercise or non-exercise of an elector's vote;

(b) advance, pay or cause to be paid money intending that it be used to commit an offence referred to in clause (a), or knowing that it will be used to repay money used in the same way;

(c) give, procure or promise or agree to procure an office or employment in connection with the exercise or non-exercise of an elector's vote;

(d) apply for, accept or agree to accept any valuable consideration or office or employment in connection with the exercise or non-exercise of an elector's vote;

(e) give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy.

45. Section 97.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 46, is amended by striking out "or 96" in the second line and substituting "96 or 96.1".

46. Subsection 99 (5) of the Act is repealed and the following substituted:

Special requirements, plaintiff other than C.E.O.

(5) When an action is commenced by a person other than the Chief Election Officer,

(a) 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; and

(b) after the security has been given, the local registrar of the Ontario Court (General Division) shall notify the Chief Election Officer by registered mail.

Purpose of security

(5.1) The security given under subsection (5) is to be applied towards payment of the costs, charges and expenses, if any, that become payable by the plaintiff, including the costs and charges of the returning officer incurred under subsection (7).

47. Section 102 of the Act is repealed.

48. (1) Subsection 114 (1) of the Act is amended by striking out "and the Chief Election Officer shall present annually to the Board estimates of the sums of money that will be required for these purposes" in the last four lines.

(2) The French version of subsection 114 (1) of the Act is amended by striking out "du Conseil" in the first and second lines and substituting "de la Commission", and by striking out "au Conseil" in the second-last line and substituting "à la Commission".

(3) Section 114 of the Act is amended by adding the following subsection:

Estimates

(1.1) The Chief Election Officer shall present annually to the Board estimates of the sums of money that will be required,

(a) for the purposes mentioned in subsection (1); and

(b) for the performance of the Chief Election Officer's functions under the Election Finances Act.

(4) Subsection 114 (2) of the Act is repealed and the following substituted:

Review of estimates by Board

(2) The Board shall review and may alter as it considers proper the estimates referred to in subsection (1.1), and the chair of the Board shall cause the estimates as altered by the Board to be laid before the Assembly, which shall refer them to one of its committees for review.

49. The French version of subsection 116 (1) of the Act is amended by striking out "Le Conseil ou une personne autorisée en vertu d'un ordre du Conseil" in the tenth, eleventh and twelfth lines and substituting "La Commission ou une personne autorisée en vertu d'un ordre de la Commission".

50. The French version of subsection 117 (4) of the Act is amended by striking out "La Commission" in the twelfth line and substituting "La Commission des griefs de la fonction publique".

AMENDMENTS TO THE ELECTION FINANCES ACT

51. (1) The English version of clause (e) of the definition of "campaign expense" in subsection 1 (1) of the Election Finances Act is amended by striking out "function" and substituting "activity".

(2) The definition of "campaign expense" in subsection 1 (1) of the Act is amended by striking out "and" at the end of clause (j) and by repealing clause (k) and substituting the following:

(k) child care expenses of a candidate and other expenses not of partisan value that are set out in guidelines provided by the Chief Election Officer under clause 2 (1) (j);

(l) expenses relating to research and polling; and

(m) travel expenses.

(3) Subsection 1 (1) of the Act is amended by adding the following definition:

"

Chief Election Officer" means the Chief Election Officer appointed under subsection 4 (1) of the Election Act. ("directeur général des élections")

(4) The definition of "Commission" in subsection 1 (1) of the Act is repealed.

(5) The definition of "leadership contest period" in subsection 1 (1) of the Act is repealed and the following substituted:

"

leadership contest period" means the period commencing with the date of the official call for a leadership contest as set forth in the statement filed by a registered party under subsection 14 (2) and terminating 14 months after the date of the leadership vote. ("période de campagne de désignation du chef d'un parti")

(6) The definition of "leadership contestant" in subsection 1 (1) of the Act is amended by striking out "convention" in the third line and substituting "contest".

(7) The definition of "leadership vote" in subsection 1 (1) of the Act is amended by striking out "convention" in the third line and substituting "contest".

(8) The definitions of "news reporting" and "outdoor advertising facilities" in subsection 1 (1) of the Act are repealed.

(9) Subsection 1 (1) of the Act is amended by adding the following definition:

"

political advertising" means advertising in any broadcast, print, electronic or other medium with the purpose of promoting or opposing any registered party or the election of a registered candidate, and "political advertisement" has a corresponding meaning. ("publicité politique", "annonce politique")

(10) Subsection 1 (3) of the Act is amended by striking out "campaigns and conventions carried on or held" in the first and second lines and substituting "contests".

(11) The English version of clause 1 (4) (b) of the Act is amended by striking out "function" in the third line and substituting "activity".

52. Sections 2, 3, 4 and 5 of the Act are repealed and the following substituted:

Powers and Duties of Chief Election Officer

Powers and duties

2. (1) The Chief Election Officer, in addition to his or her other powers and duties under this Act and the Election Act, shall,

(a) assist political parties, constituency associations, candidates and leadership contestants registered under this Act in the preparation of returns required under this Act;

(b) ensure that every registered constituency association, registered candidate and registered leadership contestant has appropriate auditing services in order to properly comply with this Act;

(c) examine all financial returns filed with him or her under this Act;

(d) conduct periodic investigations and examinations of the financial affairs and records of registered parties, registered constituency associations, registered candidates and registered leadership contestants in relation to election campaigns;

(e) reimburse candidates and political parties for election expenses in accordance with section 44;

(f) recommend any amendments to this Act that he or she considers advisable;

(g) report to the Attorney General any apparent contravention of this Act;

(h) prescribe forms and their contents for use under this Act and provide for their use;

(i) prepare, print and distribute forms for use under this Act;

(j) provide such guidelines for the proper administration of this Act as he or she considers necessary for the guidance of auditors, political parties, constituency associations, candidates and leadership contestants and any of their officers;

(k) publish the guidelines provided under clause (j),

(i) in The Ontario Gazette, and

(ii) on a website on the Internet; and

(l) publish, in respect of each campaign period, a joint summary of the income and campaign expenses of each candidate, and of any reimbursement under section 44, together with the income and campaign expenses of the constituency association endorsing his or her candidacy,

(i) in The Ontario Gazette, and

(ii) on a website on the Internet.

Internet publication

(2) Information published under subclause (1) (l) (ii) shall remain available for at least six years after the date of original publication.

Prohibition

(3) The addresses of contributors shall not be published under subclause (1) (l).

Annual report

(4) The Chief Election Officer shall make an annual report on the affairs of his or her office in relation to this Act to the Speaker of the Assembly.

Recommendations to Speaker

(5) The Chief Election Officer shall, within 12 months after polling day in each general election, make recommendations to the Speaker of the Assembly with respect to,

(a) changes in limits on contributions to registered constituency associations, candidates or political parties;

(b) changes in limits on campaign expenses that may be incurred during a campaign period by candidates or political parties;

(c) changes in levels of public funding of candidates or political parties;

(d) changes in public funding of auditor's fees charged to constituency associations, candidates, political parties and leadership contestants; and

(e) any other changes in monetary limits that the Chief Election Officer considers appropriate.

Tabling

(6) The Speaker shall lay annual reports received under subsection (4) and recommendations received under subsection (5) before the Assembly if it is in session or, if not, at the next session.

Powers under Public Inquiries Act

3. For the purpose of carrying out any investigation or examination under this Act, the Chief Election 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.

53. (1) Section 6 of the Act is amended by striking out "a representative of the Commission, upon production of an authorization from the Commission" in the second, third and fourth lines and substituting "a representative of the Chief Election Officer, on producing that person's authorization".

(2) The French version of section 6 of the Act is amended by striking out "convenable" in the sixth line and substituting "raisonnable".

54. Section 7 of the Act is repealed and the following substituted:

Information

7. (1) If information with respect to the affairs of a party, constituency association, candidate or leadership contestant that is registered under this Act is reasonably necessary for the performance of the Chief Election Officer's duties under this Act, he or she may request the information and the registered entity or person shall provide it.

Same

(2) The information shall be provided within 30 days after a written request is received, or within the longer period fixed by the Chief Election Officer.

55. Sections 8 and 9 of the Act are repealed and the following substituted:

Audit

8. The accounts and financial transactions of the Chief Election Officer in relation to this Act shall be audited annually by the Provincial Auditor.

56. Subsections 10 (4) and (5) of the Act are repealed and the following substituted:

Registration by Chief Election Officer

(4) On receiving an application for registration of a political party, the Chief Election Officer shall,

(a) examine the application and determine if the party can be registered;

(b) if the party can be registered, enter it in the register of political parties and so inform the party;

(c) if the party cannot be registered, so inform the party, with written reasons for the determination.

Name of political party

(5) The Chief Election Officer shall not register a political party if,

(a) its name includes the word "independent" or "indépendant" in any form; or

(b) in his or her opinion, the resemblance between the name or abbreviation of the name of the party and the name, abbreviation of the name or nickname of another political party or political organization that is active anywhere in Canada is so close that confusion is likely.

57. Subsection 11 (3) of the Act is repealed and the following substituted:

Registration by Chief Election Officer

(3) On receiving an application for registration of a constituency association, the Chief Election Officer shall,

(a) examine the application and determine if the constituency association can be registered;

(b) if the constituency association can be registered, enter it in the register of constituency associations and so inform the constituency association;

(c) if the constituency association cannot be registered, so inform the constituency association, with written reasons for the determination.

58. (1) Subsections 12 (3) and (4) of the Act are repealed and the following substituted:

Notice of proposal to deregister

(3) Where the Chief Election Officer proposes to deregister a political party under subsection (2), he or she shall send notice of the proposal, with written reasons, to the political party by registered mail.

Same

(4) Where the Chief Election Officer proposes to deregister a constituency association under subsection (2), he or she shall send notice of the proposal, with written reasons, to the constituency association and to the political party concerned, by registered mail.

Request for review

(4.1) A political party or constituency association that receives notice under subsection (3) or (4) may, within 30 days after the notice is sent, make a written request to the Chief Election Officer to review the proposal.

Review

(4.2) On receiving the request, the Chief Election Officer shall review the proposal and give the political party or constituency association an opportunity to make representations to him or her.

Same

(4.3) Following the review, the Chief Election Officer may decide to withdraw the proposal or to carry it out, and shall give written notice of the decision,

(a) in the case of a proposal to deregister a political party, to the party;

(b) in the case of a proposal to deregister a constituency association, to the constituency association and to the political party concerned.

(2) Subsections 12 (7) and (8) of the Act are repealed and the following substituted:

Disposition of party's funds on deregistration

(7) When a political party is deregistered, all its funds that are not required to pay outstanding debts shall be paid to the Chief Election Officer, who shall hold them in trust for the political party; if the party does not become registered under this Act within two years after its deregistration, the funds become the property of the Chief Election Officer, who shall use them in carrying out his or her functions under this Act.

Disposition of constituency association's funds on deregistration

(8) When a constituency association is deregistered, subsection (7) applies with necessary modifications, except that if the constituency association does not become registered within two years after its deregistration, the funds become the property of the political party concerned.

Duty of chief financial officer

(9) The chief financial officer of a political party or constituency association that applies for deregistration under subsection (1) shall, at the same time, file with the Chief Election Officer,

(a) financial statements of the party's or association's income and expenses, for the period commencing with the day immediately following the most recent period for which a financial statement has been filed under section 41 or under this clause and ending on the last day on which any financial activity of the party or association occurred;

(b) financial statements of the party's or association's assets and liabilities, as of the last day of the period for which financial statements of income and expenses are filed under clause (a); and

(c) an auditor's report on the financial statements, in accordance with subsection 40 (4).

59. (1) Subsection 14 (2) of the Act is repealed and the following substituted:

Notice of leadership contest

(2) A registered party that proposes to hold a leadership contest shall file with the Chief Election Officer a statement setting out the date of the official call of the leadership contest and the date fixed for the leadership vote.

(2) Subsection 14 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Application for registration

(3) The Chief Election Officer shall maintain a register of leadership contestants in relation to each leadership contest and, subject to this section, shall register in it any leadership contestant who files an application for registration setting out,

. . . . .

(3) Subsection 14 (4) of the Act is repealed and the following substituted:

Time for filing application

(4) An application under subsection (3) shall not be filed with the Chief Election Officer before the date of the official call of the leadership contest, and shall not be filed unless the registered party that proposes to hold the leadership contest has filed with the Chief Election Officer the statement referred to in subsection (2).

(4) Section 14 of the Act is amended by adding the following subsection:

Contestant's funds considered contribution

(7) Any money used for a registered leadership contestant's campaign out of the contestant's own funds shall be considered to be a contribution for the purposes of this Act and every registered leadership contestant shall submit to his or her chief financial officer a statement in writing setting forth all leadership contest expenses paid or to be paid out of the contestant's own funds, together with all receipts and claims therefor, within three months after the date of the leadership vote.

60. Subsection 16 (1) of the Act is repealed and the following substituted:

Who may contribute

(1) Contributions to parties, constituency associations, candidates and leadership contestants registered under this Act may be made only by,

(a) persons individually;

(b) corporations that are not registered charities within the meaning of paragraph 248 (1) of the Income Tax Act (Canada); and

(c) trade unions.

61. Subsections 18 (1) and (2) of the Act are repealed and the following substituted:

Maximum contributions of persons, corporations and trade unions to parties, constituency associations and candidates

(1) The contributions a person, corporation or trade union makes to parties, constituency associations and candidates registered under this Act shall not exceed what is set out in the following rules:

1. To each party, $7,500, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar,

i. in any calendar year, and

ii. in any campaign period, as if it were a separate calendar year.

2. To each constituency association, $1,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, in any calendar year, subject to paragraph 3.

3. To constituency associations of any one party, in any calendar year, an aggregate amount of $5,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar.

4. To each candidate, $1,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, in any campaign period, subject to paragraph 5.

5. To candidates endorsed by any one party, in any campaign period, an aggregate amount of $5,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar.

By-elections

(2) If writs for two or more by-elections bear the same date and provide for the same polling day, all the by-elections shall be deemed to be one election for the purposes of this section.

62. Section 22 of the Act is repealed and the following substituted:

Advertising as contribution

22. (1) Political advertising constitutes a contribution for the purposes of this Act if,

(a) it promotes a registered party or the election of a registered candidate;

(b) it is provided or arranged for by a person, corporation or trade union with the knowledge and consent of the party or candidate; and

(c) its value as determined under section 21 is more than $100.

Cost

(2) Clause (1) (c) applies to,

(a) a single campaign advertisement whose value is more than $100;

(b) two or more campaign advertisements whose aggregate value is more than $100, if they,

(i) appear during the same calendar year (excluding any campaign period) or during the same campaign period, and

(ii) are provided or arranged for by the same person, corporation or trade union.

Campaign expense

(3) A contribution described in subsection (1) that is made during an election campaign constitutes a campaign expense of the party or candidate promoted.

Exception

(4) Subsection (1) does not apply to political advertising that is provided by a broadcasting undertaking without charge in accordance with the Broadcasting Act (Canada).

Identification

(5) No person, corporation, trade union, registered party or registered constituency association shall cause a political advertisement to appear without providing the following information to the broadcaster or publisher, in writing:

1. The name of the person, corporation, trade union, registered party or registered constituency association who is causing the political advertisement to appear.

2. The name, business address and telephone number of the individual who deals with the broadcaster or publisher on behalf of the person or entity mentioned in paragraph 1.

3. The name of any other person, corporation, trade union, registered party or registered constituency association who is sponsoring or paying for the political advertisement.

Same

(6) No broadcaster or publisher shall allow a political advertisement to appear without ensuring compliance with subsection (5).

Records

(7) The broadcaster or publisher of a political advertisement shall maintain records for a period of two years after the date the political advertisement appeared and shall permit the public to inspect the records during normal office hours.

Same

(8) A record maintained under subsection (7) shall contain the following:

1. The information provided under subsection (5).

2. A copy of the political advertisement, or the means of reproducing it for inspection.

3. A statement of the charge made for its appearance.

Information to be included in political advertisement

(9) A political advertisement in any medium shall name,

(a) the person, corporation, trade union, registered party or registered constituency association who is causing it to appear; and

(b) any other person, corporation, trade union, registered party or registered constituency association who is sponsoring or paying for it.

63. (1) Subsections 23 (1) and (2) of the Act are repealed and the following substituted:

Fund-raising activities

(1) In this section, "

fund-raising activity" means an event or activity held for the purpose of raising funds for the party, constituency association, candidate or leadership contestant registered under this Act by whom or on whose behalf the activity is held.

Income to be reported

(2) The gross income from any fund-raising activity shall be recorded and reported to the Chief Election Officer by the chief financial officer of the party, constituency association, candidate or leadership contestant registered under this Act that held or on whose behalf the activity was held.

(2) The English version of subsection 23 (3) of the Act is amended by striking out "function" in the second and third lines and in the seventh line and substituting in each case "activity".

(3) Subsection 23 (4) of the Act is amended by striking out "goods or services" in the first line and substituting "goods or services, other than advertising services".

(4) The English version of subsection 23 (4) of the Act is amended by striking out "function" in the second line and substituting "activity".

(5) Section 23 of the Act is amended by adding the following subsection:

Same, advertising

(5) Any amount paid for advertising services offered for sale in connection with a fund-raising activity shall be considered to be a contribution for the purposes of this Act.

64. Section 25 of the Act is amended by adding the following subsection:

Return of forms

(2) A registered party or constituency association to which and a registered candidate or leadership contestant to whom the Chief Election Officer has issued official receipt forms shall return them, whether used or unused, to the Chief Election Officer immediately on receiving a written request to do so.

65. (1) Section 26 of the Act is amended by adding the following subsection:

Copy to chief financial officer

(1.1) A copy of the record made under subsection (1) shall be provided to the chief financial officer of the person or entity receiving the contribution.

(2) Subsection 26 (3) of the Act is repealed and the following substituted:

Contribution by affiliated political organization

(3) An affiliated political organization may make a contribution to,

(a) the political party with which it is affiliated;

(b) a constituency association with which it is affiliated; and

(c) a candidate endorsed as an official candidate by an entity referred to in clause (a) or (b).

Restriction, contributions to affiliated political organizations

(3.1) No affiliated political organization shall accept a contribution from any person or entity other than,

(a) a political party; or

(b) a constituency association.

Same

(3.2) No person or entity other than a political party or a constituency association shall make a contribution to an affiliated political organization.

66. Clause 33 (4) (a) of the Act is repealed and the following substituted:

(a) proper records are kept of all amounts received and all expenditures.

67. Section 34 of the Act is repealed and the following substituted:

Application, amounts over $100

34. (1) Subsection (2) applies in respect of a single contribution in excess of $100 and contributions from a single source that in the aggregate exceed $100.

Recording of contributions

(2) A contribution shall be recorded if it is accepted,

(a) on behalf of a registered political party or constituency association,

(i) in any year, excluding any campaign period all or part of which falls in that year, or

(ii) in any campaign period;

(b) on behalf of a registered candidate, in the campaign period;

(c) on behalf of a registered leadership contestant, in the leadership contest period.

Separate recording

(3) Contributions to which subclause (2) (a) (i) applies shall be recorded separately from those to which subclause (2) (a) (ii) applies.

68. Sections 35 and 36 of the Act are repealed and the following substituted:

Loans and Guarantees

Permitted borrowing

35. (1) A political party, constituency association, candidate or leadership contestant registered under this Act may, if subsection (2) is complied with, borrow money from,

(a) a bank listed in Schedule I or II to the Bank Act (Canada) or any other recognized lending institution in Ontario; or

(b) a registered party or constituency association.

Report to Chief Election Officer

(2) The borrower shall keep a record of the loan and its terms, including the name of any guarantor, and report the recorded information to the Chief Election Officer.

Prohibition, receiving loan

(3) No party, constituency association, candidate or leadership contestant registered under this Act shall receive any support in the form of a loan, except as provided in subsection (1).

Prohibition, receiving support in form of guarantee, etc.

(4) No party, constituency association, candidate or leadership contestant registered under this Act shall receive any support in the form of a guarantee or collateral security, except from,

(a) a person or entity that would be entitled to make a loan to the party, constituency association, candidate or leadership contestant under subsection (1); or

(b) a person, corporation or trade union that would be entitled to make a contribution under this Act.

Prohibition, making loan

(5) No person or entity, other than one listed in clause (1) (a) or (b), shall make a loan to a party, constituency association, candidate or leadership contestant registered under this Act.

Prohibition, giving guarantee, etc.

(6) No person or entity, other than a person, corporation or trade union that would be entitled to make a contribution under this Act, shall guarantee or provide collateral security for a loan to a party, constituency association, candidate or leadership contestant registered under this Act.

Loan as contribution

(7) A loan referred to in subsection (1) is not a contribution for the purposes of this Act, except as follows:

1. If the lender waives the right to recover the loan, the amount to which the waiver applies is a contribution and is subject to the applicable limits in section 18.

2. If the loan is made at a rate of interest below the applicable market rate, the interest foregone by the lender is a contribution and is subject to the applicable limits in section 18.

Payment by guarantor as contribution

(8) A payment made by a guarantor in respect of a guarantee is not a contribution for the purposes of this Act, except that if the guarantor waives the right to recover the payment from the principal debtor, the amount to which the waiver applies is a contribution and is subject to the applicable limits in section 18.

Pre-1986 loans

36. (1) A party or constituency association may waive the repayment of any amounts owing under a loan made before January 1, 1986.

No contribution or expense

(2) An amount whose repayment is waived under subsection (1) does not constitute a contribution or campaign expense for the purposes of this Act.

Two-year limitation

(3) Subsection (2) applies only to waivers given on or before the second anniversary of the day the Election Statute Law Amendment Act, 1998 comes into force.

69. Section 37 of the Act is repealed and the following substituted:

Definition

37. (1) In this section,

"

blackout period" means,

(a) the period that begins when the writ of election is issued and ends on the 22nd day before polling day, and

(b) polling day and the day before polling day.

No political advertising during blackout period

(2) No party, constituency association or candidate registered under this Act, and no person, corporation or trade union, whether acting with or without the party's, association's or candidate's consent, shall arrange for or consent to political advertising that appears during a blackout period.

Same

(3) No broadcaster or publisher shall allow a political advertisement to appear during a blackout period.

Exceptions

(4) Subsections (2) and (3) do not prohibit the following:

1. Genuine news reporting.

2. The publication of political advertising, on polling day or the day before polling day, in a newspaper that is published once a week or less often and whose regular day of publication falls on that day.

3. A political advertisement on the Internet or in a similar electronic medium, if posted before and not altered during a blackout period.

4. A political advertisement in the form of a poster or billboard, if posted before and not altered during a blackout period.

Exceptions subject to guidelines

(5) Subsections (2) and (3) do not prohibit the following if done in compliance with the Chief Election Officer's guidelines:

1. Advertising public meetings in constituencies.

2. Announcing the location of candidates' and constituency associations' headquarters.

3. Advertising for volunteer campaign workers.

4. Announcing services for electors, respecting enumeration and the revision of electors' lists, that are offered by candidates or constituency associations.

5. Announcing services for electors that are offered by candidates or constituency associations on polling day.

6. Anything respecting administrative functions of constituency associations.

Rates to be charged during election campaign

(6) During an election campaign, no person or corporation shall charge a party, constituency association or candidate registered under this Act, or any person, corporation or trade union acting with the party's, association's or candidate's consent, a rate for making campaign advertising available in any broadcast, print, electronic or other medium that exceeds the lowest rate the person or corporation charges anyone else for the same amount of equivalent advertising space or time during that period.

70. Subsections 38 (1), (2) and (3) of the Act are repealed and the following substituted:

Limitation of campaign expenses: political party

(1) The total campaign expenses incurred by a registered party and any person, corporation, trade union, unincorporated association or organization acting on behalf of the party during a campaign period shall not exceed the amount determined by multiplying the applicable amount by,

(a) in relation to a general election, the number of electors in the electoral districts in which there is an official candidate of that party; and

(b) in relation to a by-election in an electoral district, the number of electors in that electoral district.

Applicable amount

(2) For the purposes of subsection (1), the applicable amount is 60 cents, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest cent.

Limitation of campaign expenses: candidate, constituency association

(3) The total campaign expenses incurred by a registered candidate, the constituency association endorsing that candidate and any person, corporation, trade union, unincorporated association or organization acting on behalf of the candidate or constituency association during a campaign period shall not exceed the amount determined by multiplying the applicable amount by the number of electors in the candidate's electoral district.

Applicable amount

(3.1) For the purposes of subsection (3), the applicable amount is 96 cents, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest cent.

Number of electors

(3.2) In subsections (1) and (3), "number of electors" refers to the number of electors entitled to vote, as determined by the Chief Election Officer under the Election Act.

Increase for certain candidates

(3.3) The amount determined under subsection (3) shall be increased by the applicable amount in relation to candidates in the following electoral districts:

1. In the case of an election campaign before the first federal readjustment as defined in the Representation Act, 1996 that takes place after January 1, 1999, the electoral districts listed in the Schedule to this subsection.

2. In the case of an election campaign after the federal readjustment mentioned in paragraph 1, the electoral districts listed in the Schedule then in effect, made by a regulation under subsection (3.5).

SCHEDULE

Kenora-Rainy River

Thunder Bay-Nipigon

Thunder Bay-Atikokan

Timmins-James Bay

Algoma-Manitoulin

Nickel Belt

Timiskaming-Cochrane

Applicable amount

(3.4) For the purpose of subsection (3.3), the applicable amount is $7,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar.

Replacement of Schedule

(3.5) When there is a federal readjustment as defined in the Representation Act, 1996, the Lieutenant Governor in Council may make a regulation replacing the Schedule to subsection (3.3), or the Schedule then in effect that is made by a regulation under this subsection, as the case may be, with a new Schedule listing the new electoral districts whose geographic area overlaps substantially the geographic area of the former electoral districts listed in the previous Schedule.

Same

(3.6) The regulation comes into force on the day the readjustment becomes effective under section 3 of the Representation Act, 1996.

71. Subsection 40 (7) of the Act is repealed and the following substituted:

Auditor's subsidy

(7) The Chief Election Officer shall subsidize the cost of auditors' services for political parties, constituency associations, candidates and leadership contestants by paying, in respect of audits required by subsection (4),

(a) to the auditor of a party, the lesser of,

(i) $1,200, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor's account to the party;

(b) to the auditor of a constituency association, the lesser of,

(i) $600, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor's account to the association;

(c) to the auditor of a candidate, the lesser of,

(i) $1,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor's account to the candidate; and

(d) to the auditor of a leadership contestant, the lesser of,

(i) $800, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor's account to the leadership contestant.

72. The Act is amended by adding the following section:

Indexation factor

40.1 (1) For the purposes of subsection 18 (1), subsections 38 (2), (3.1) and (3.4), and subsection 40 (7), the indexation factor is,

(a) in the five-year period consisting of the calendar years 1999 to 2003, 1;

(b) in each subsequent five-year period, beginning with the period consisting of the calendar years 2004 to 2008, the percentage change in the Consumer Price Index for Canada for prices of all items for the 60-month period ending October 31 of the last year of the previous five-year period, as published by Statistics Canada, rounded to the nearest two decimal points.

Publication

(2) As soon as possible after January 1, 2004, and as soon as possible after the beginning of every fifth calendar year after 2004, the Chief Election Officer shall publish, in accordance with subsection (3), statements of,

(a) the indexation factor for the current five-year period;

(b) all applicable amounts for the current five-year period under subsection 18 (1), subsections 38 (2), (3.1) and (3.4), and subsection 40 (7).

Same

(3) The statements shall be published,

(a) in The Ontario Gazette\; and

(b) on a website on the Internet.

Two five-year periods

(4) If a campaign period falls partly in one five-year period and partly in the next it shall, for the purposes of determining an applicable amount under section 38, be deemed to fall entirely in the earlier one.

73. Section 41 of the Act is amended by adding the following subsection:

Report to Chief Election Officer

(2) A party or constituency association that waives repayment of an amount under subsection 36 (1) shall include the details in the annual financial statement filed under this section.

74. Subsections 42 (4) and (5) of the Act are repealed and the following substituted:

Filing of financial statements relating to leadership contest

(4) The chief financial officer of every registered leadership contestant shall file financial statements in accordance with the following rules:

1. Within six months after the date of the leadership vote, a statement shall be filed with respect to the period that begins on the date of the official call for the leadership contest and ends two months after the date of the leadership vote.

2. Within 20 months after the date of the leadership vote, a statement shall be filed with respect to the 12-month period that begins two months after the date of the leadership vote.

3. Each statement shall show all income received and expenses incurred during the relevant period and all information required to be recorded under subsection 34 (1) in respect of that period.

4. Each statement shall be accompanied by the auditor's report required by subsection 40 (4).

Surplus, second statement

(5) Any surplus that is shown in the second financial statement shall forthwith be paid over to the registered party that held the leadership contest.

75. (1) Subsection 44 (1) of the Act is repealed and the following substituted:

Partial reimbursement of campaign expenses

(1) Every registered candidate who receives at least 15 per cent of the popular vote in his or her electoral district is entitled to be reimbursed by the Chief Election Officer for the lesser of,

(a) 20 per cent of the candidate's campaign expenses for the campaign period, as shown on the statement of income and expenses filed under section 42, together with the auditor's report referred to in subsection 40 (4); and

(b) 20 per cent of the maximum expenditure limit under subsection 38 (3).

(2) Subsection 44 (2) of the Act is repealed and the following substituted:

Increase for certain candidates

(2) In relation to candidates in electoral districts listed in the Schedule to subsection 38 (3.4), the amount determined under subsection (1) shall be increased by the applicable amount determined under subsection 38 (3.5).

(3) Subsection 44 (3) of the Act is repealed and the following substituted:

Conditions for reimbursement

(3) A candidate is not entitled to be reimbursed under subsection (1) unless,

(a) the financial statements and auditor's report required by section 42 and subsection 40 (4) in respect of the candidate have been filed, and the Chief Election Officer is satisfied that they meet the requirements of this Act; and

(b) in the case of a candidate with party affiliation, the requirements of clause (a) have also been met with respect to the constituency association that endorses the candidate.

(4) Subsection 44 (7) of the Act is repealed and the following substituted:

Filing of financial statements required

(7) Subject to subsection (7.1), a political party is not entitled to be reimbursed for expenses under subsection (6) unless its chief financial officer has filed the financial statements required by section 42, together with the auditor's report on them as required by subsection 40 (4), and the Chief Election Officer is satisfied that such statements meet the requirements of this Act.

Interim payment to party

(7.1) The Chief Election Officer may, on receiving the financial statements and auditor's report, make an interim payment to the party of up to 50 per cent of the amount to which it will be entitled when the requirements of subsection (7) are met.

(5) The definition of "independent candidate" in subsection 44 (8) of the Act is repealed.

76. Sections 46, 47 and 48 of the Act are repealed and the following substituted:

Failure to file financial statements

46. If the chief financial officer of a party, constituency association, candidate or leadership contestant registered under this Act knowingly contravenes section 41 or 42,

(a) the chief financial officer is guilty of an offence and on conviction is liable to a fine of not more than $5,000; and

(b) the party, constituency association, candidate or leadership contestant is also guilty of an offence and on conviction is liable to a fine of $50 for each day that the default continues.

Offence by corporation or trade union

47. A corporation or trade union that knowingly contravenes any of the provisions of this Act is guilty of an offence and on conviction is liable to a fine of not more than $50,000.

General offence

48. A person, political party or constituency association that knowingly contravenes a provision of this Act for the contravention of which no other penalty is provided is guilty of an offence and on conviction is liable to a fine of not more than $5,000.

77. Section 53 of the Act is repealed and the following substituted:

Consent of Chief Election Officer

53. (1) No prosecution shall be instituted under this Act without the Chief Election Officer's consent.

Limitation

(2) No prosecution shall be instituted more than two years after the facts on which it is based first came to the Chief Election Officer's knowledge.

78. The Act is amended by adding the following section:

Commission dissolved

54. (1) The Commission on Election Finances is dissolved.

Chief Election Officer in place of Commission

(2) The Chief Election Officer stands in the place of the Commission for all purposes.

Same

(3) Without limiting the generality of subsection (2),

(a) all the assets and liabilities of the Commission pass to the Chief Election Officer on the day the Election Statute Law Amendment Act, 1998 comes into force;

(b) for the purposes of subsection 53 (2), anything that came to the Commission's knowledge on or before that day shall be deemed to have come to the Chief Election Officer's knowledge.

79. The following provisions of the Act are amended by striking out "Commission" where indicated and substituting "Chief Election Officer" in each case:

1. Subsection 1 (4), clauses (c), (f) and (g).

2. Clause 10 (2) (b), third line, seventh line and second-last line.

3. Subsection 10 (3), first line and sixth line.

4. Clause 10 (6) (a), third line, fifth line and eighth line.

5. Clause 10 (6) (b), second and third lines and fifth line.

6. Subsection 10 (7), second line, fifth line and seventh line.

7. Subsection 10 (8), first line and seventh line.

8. Subsection 11 (2), first line and sixth line.

9. Subsection 11 (4), fourth and sixth lines.

10. Subsection 12 (1), first line.

11. Subsection 12 (2), first line.

12. Subsection 12 (6), last line.

13. Subsection 13 (1), second line.

14. Subsection 13 (3), first line and fifth line.

15. Subsection 13 (5), second line.

16. Subsection 13 (6), eleventh line.

17. Subsection 13 (7), fourth line and fifth line.

18. Subsection 14 (6), fourth line and sixth line.

19. Subsection 15 (1), second line and fourth line.

20. Subsection 15 (2), fifth line.

21. Subsection 15 (3), third line.

22. Subsection 16 (3), fifth and sixth lines.

23. Subsection 17 (2), seventh and eighth lines, and in both instances in the ninth line.

24. Section 20, last line.

25. Section 24, twelfth line.

26. Section 25, last line.

27. Section 27, last line.

28. Section 32, fifth line.

29. Subsection 33 (1), fourth line.

30. Subsection 33 (2), fourth line.

31. Subsection 33 (3), second-last line.

32. Clause 33 (4) (d), fourth line.

33. Clause 39 (1) (c), first and second lines.

34. Subsection 40 (1), tenth line.

35. Subsection 40 (2), twelfth and thirteenth lines.

36. Section 41, fifth line.

37. Subsection 42 (1), fifth line.

38. Subsection 42 (3), ninth line.

39. Subsection 43 (1), second-last and last lines.

40. Subsection 43 (2), first line after clause (b).

41. Clause 43 (3) (b), fourth and fifth lines.

42. Clause 44 (5) (b), second line.

43. Subsection 44 (6), fourth and fifth lines and eighth line.

44. Subsection 44.1 (3), first and second lines.

45. Subsection 44.1 (4), first line and fifth line.

46. Subsection 44.1 (6), first line.

47. Subsection 44.1 (8), second line.

48. Subsection 44.1 (9), second line.

49. Subsection 44.1 (10), third line.

50. Subsection 44.1 (12), first line.

51. Subsection 44.1 (13), first line.

52. Section 45, third line and fourth and fifth lines.

53. Section 50, last line.

AMENDMENTS TO OTHER STATUTES

Corporations Tax Act

80. (1) Subclause 36 (1) (a) (iii) of the Corporations Tax Act is repealed and the following substituted:

(iii) $15,000, multiplied by the indexation factor determined under section 40.1 of the Election Finances Act and rounded to the nearest dollar.

(2) Subsection 36 (2) of the Act is amended,

(a) by striking out "Commission on Election Finances" in the second line of the definition of "recorded agent", and in the fifth and sixth lines of the definition of "registered candidate" and substituting in each case "Chief Election Officer"\; and

(b) by striking out "Commission" in the eighth line of the definition of "registered candidate" and substituting "Chief Election Officer".

Income Tax Act

81. (1) The definition of "recorded agent" in subsection 8 (1) of the Income Tax Act is amended by striking out "Commission on Election Finances" in the second line and substituting "Chief Election Officer".

(2) The definitions of "registered candidate", "registered constituency association" and "registered party" in subsection 8 (1) of the Act are repealed.

(3) Despite subsection (2), the definitions of "registered candidate", "registered constituency association" and "registered party" in subsection 8 (1) of the Act, as they read on December 31, 1998, continue to apply in respect of taxation years ending before January 1, 1999.

(4) Subsection 8 (9) of the Act, as amended by the Statutes of Ontario, 1992, chapter 25, section 3, is repealed and the following substituted:

Political contribution tax credit

(9) Every individual resident in Ontario on the last day of a taxation year may, subject to subsection (9.3), deduct from tax otherwise payable for the taxation year by the individual under this Act an amount in respect of contributions he or she made in the taxation year to candidates, constituency associations or parties registered under the Election Finances Act that is equal to the amount determined under subsection (9.1).

Amount

(9.1) The amount determined under this subsection for a taxation year is,

(a) if the total amount contributed in the taxation year does not exceed the first contribution level for the taxation year, 75 per cent of the total amount contributed;

(b) if the total amount contributed in the taxation year exceeds the first but not the second contribution level for the taxation year, the sum of,

(i) 75 per cent of the first contribution level for the taxation year, and

(ii) 50 per cent of the amount by which the total amount contributed in the taxation year exceeds the first contribution level for the taxation year;

(c) if the total amount contributed in the taxation year exceeds the second contribution level for the taxation year, the lesser of,

(i) the tax credit limit for the taxation year, and

(ii) the amount determined according to the following formula:

(0.75 x A) + [0.50 x (B - A)] + [0.333 x (C - B)]

Where: "

A" is the first contribution level for the taxation year; "

B" is the second contribution level for the taxation year; and "

C" is the total amount contributed in the taxation year.

Definitions

(9.2) In subsection (9.1) and in this subsection, "

first contribution level" means $300, multiplied by the indexation factor determined under section 40.1 of the Election Finances Act and rounded to the nearest dollar; ("premier niveau de contribution")

"

second contribution level" means $1,000, multiplied by the indexation factor determined under section 40.1 of the Election Finances Act and rounded to the nearest dollar; ("deuxième niveau de contribution")

"

tax credit limit" means $1,000, multiplied by the indexation factor determined under section 40.1 of the Election Finances Act and rounded to the nearest dollar. ("crédit d'impôt maximal")

Receipts

(9.3) Payment of each amount included in the total amount contributed shall be proved by filing with the Minister receipts that,

(a) contain the information in the official receipt form provided by the Chief Election Officer; and

(b) are signed by a recorded agent of the candidate, constituency association or party, as the case may be.

(5) Subsection 8 (9) of the Act, as re-enacted by subsection (4), and subsections 8 (9.1) to (9.3) of the Act, as enacted by subsection (4), apply in respect of taxation years ending after December 31, 1998.

Transition, s. 38 (3) of Election Finances Act

82. (1) If the Legislature is dissolved after the day this Act receives Royal Assent but before January 1, 1999, subsection 38 (3) of the Election Finances Act shall be deemed to read as follows for the purposes of the general election:

Increase for certain candidates

(3) In relation to candidates in the electoral districts of Kenora-Rainy River, Thunder Bay-Nipigon, Thunder Bay-Atikokan, Timmins-James Bay, Algoma-Manitoulin, Nickel Belt and Timiskaming-Cochrane, the amount determined under subsection (2) shall be increased by $5,000.

Repeal

(2) Subsection (1) is repealed on January 1, 1999.

Commencement

83. (1) Subject to subsection (2), this Act comes into force on January 1, 1999.

(2) Subsection 82 (1) comes into force on the day this Act receives Royal Assent.

Short title

84. The short title of this Act is the Election Statute Law Amendment Act, 1998.

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.