[38] Bill 148 Original (PDF)

Bill 148 2004

An Act respecting
the recall of members of the
Legislative Assembly

CONTENTS

PART I RECALL PETITION, RECALL REFERENDUM AND BY-ELECTION
1.	Definitions
Recall Petition
2. 3. 4. 5. 6. 7. 8. 9. 10.	Application for recall petition Issue of recall petition Who may sign a recall petition Who may canvass for signatures Requirements for recall petition Death or resignation of member Requirement for submission of recall petitions Time limit for determination Result of successful recall petition
Recall Referendum
11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.	Recall referendum Referendum question Writ of referendum Duty to register Prohibition, receiving campaign contributions Limit on campaign contributions Campaign advertising as contribution Period for campaign advertising Limit on campaign expenses Financial report Application of Election Finances Act Application of Election Act Offences
By-Election
24. 25. 26.	By-election Prohibition on multiple by-elections with respect to the same electoral district Application of Election Act
PART II RECALL PETITION FINANCING
Financial Agent
27. 28. 29. 30. 31.	Authorized participants Financial agents of authorized participants Appointment of financial agent General obligations of financial agent Assistant financial agent
Recall Contributions and Expenses
32. 33. 34. 35. 36.	Recall contributions Recall contributions through loans and debts Recall contributions through fundraising functions Recall expenses General valuation rules
Making and Accepting Recall Contributions
37. 38. 39. 40. 41.	Restrictions on making recall contributions Restrictions on accepting recall contributions Limits on anonymous contributions Prohibited contributions to be returned Financial agent to record each recall contribution
Recall Expenses
42. 43. 44.	Restrictions on who may incur recall expenses Recall expenses in excess of limit prohibited Recall expenses limit
Reporting
45. 46. 47.	Reporting of information regarding recall contributions Recall financing report Publication of financing summary
Penalties for Failure to Comply
48. 49. 50. 51. 52.	Publication of failure to comply Effect of incurring expenses over limit Court order for relief from expenses limit Failure to file recall financing report False or misleading reports relating to a recall petition
PART III RECALL PETITION COMMUNICATIONS
General
53. 54. 55. 56. 57.	Recall advertising Sponsorship of recall advertising No indirect sponsorship of recall advertising Recall advertising shall identify sponsor Restriction on rates charged for recall advertising
Registration of Sponsors
58. 59. 60. 61.	Recall advertising sponsors shall be registered Registration with Chief Election Officer Obligations of registered sponsor Limit on registration
Disclosure of Independent Recall Advertising
62. 63. 64. 65. 66.	Independent sponsors to file disclosure reports Contents of disclosure report Failure to file reports Obligation to maintain records Publication of recall advertising summary
PART IV OFFENCES
67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78.	Prosecution of organizations and their directors and agents Defence of due diligence Signature and vote buying offences Intimidation offences Wrongful signing and voting Offences in relation to canvassing for signatures Offences in relation to financing Offences in relation to recall advertising and promotion Offences in relation to false or misleading information Offence in relation to disclosure or use of information Penalties under this Part are in addition to any others Limitation
PART V GENERAL
79. 80. 81. 82. 83. 84. 85. 86. 87.	Delivery of notices Filing documents with Chief Election Officer Access to and use of information in records Enforcement of Act by Chief Election Officer Emergencies and other extraordinary circumstances Regulations by L.G. in C. Additional powers of the Chief Election Officer Commencement Short title
___________

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

PART I
RECALL PETITION, RECALL REFERENDUM
AND BY-ELECTION

Definitions

1.  (1)  In this Act,

"authorized participant" means an authorized participant within the meaning of section 27; ("participant autorisé")

"contribution", in relation to recall advertising, means a contribution of money provided to a sponsor of such advertising, whether given before or after the individual or organization acts as a sponsor; ("contribution")

"expenses limit" means the applicable limit established under section 44 for recall expenses; ("plafond des dépenses")

"financial agent" means a financial agent under section 29; ("agent financier")

"incur" means, in relation to a recall expense, using property or services in a manner that the value of the property or services is such an expense; ("engager")

"member" means a member of the Legislative Assembly of Ontario; ("député")

"personal recall expenses" means personal recall expenses within the meaning of section 35; ("dépenses personnelles liées à la révocation")

"petition" means a recall petition; ("pétition")

"proponent" means the registered voter who applied for the issuance of the recall petition, and, in relation to Parts II and III, includes an individual who intends to become a proponent or who was a proponent; ("promoteur")

"recall advertising" means recall advertising within the meaning of section 53; ("publicité liée à la révocation")

"recall contribution" means a recall contribution within the meaning of Part II; ("contribution liée à la révocation")

"recall expense" means a recall expense within the meaning of Part II; ("dépense liée à la révocation")

"recall petition" means a petition issued by the Chief Election Officer under this Act for the recall of a member; ("pétition en révocation")

"recall petition period" means the period starting on the day on which a recall petition application is approved in principle by the Chief Election Officer and ending,

(a) on the last day under subsection 3 (2) for signing the petition, or

(b) if this is earlier, on the day on which the petition is submitted to the Chief Election Officer in accordance with section 6; ("période de signature d'une pétition")

"registered sponsor" means a sponsor registered under Part III in relation to recall advertising; ("parrain inscrit")

"registered voter" means a voter who is registered as an elector on the permanent register of electors under the Election Act for an electoral district; ("votant inscrit")

"value", in relation to recall advertising, means,

(a) the price paid for preparing and conducting the advertising, including publishing it, or

(b) the market value of preparing and conducting the advertising, including publishing it, if no price is paid or if the price paid is lower than the market value. ("valeur")

Same

(2)  Subject to subsection (1), words and expressions used in this Act have the meanings given to them in the Election Act.

Recall Petition

Application for recall petition

2.  (1)  A registered voter for an electoral district may apply under subsection (2) for the issuance of a petition for the recall of the member for that electoral district.

Contents of application

(2)  The application for the issuance of a recall petition shall be made to the Chief Election Officer and contain,

(a) the name of the member;

(b) the name and residential address of the applicant;

(c) a statement, not exceeding 250 words, setting out why, in the opinion of the applicant, the recall of the member is warranted;

(d) a declaration of the applicant that he or she is not disqualified under this Act from making the application; and

(e) any other information that may be prescribed.

Fee

(3)  The application for the issuance of a recall petition shall be accompanied by a processing fee of $50.

Time for application

(4)  No application for the issuance of a recall petition may be made during the 12 months following the day of the general election at which the member was last elected.

Same

(5)  No application for the issuance of a recall petition may be made more than 48 months following the day of the general election at which the member was last elected.

Only one petition

(6)  Once a recall petition has been issued for an electoral district, no other recall petition may be issued until the recall petition has been the subject of a determination under section 9.

Issue of recall petition

3.  (1)  If satisfied that the requirements of section 2 have been met, the Chief Election Officer shall,

(a) notify the proponent, the member in relation to whom the petition is to be issued and the Speaker that the application has been approved in principle; and

(b) issue the petition in the form set out in the regulations within seven days after notice is given in accordance with clause (a).

Time for obtaining signatures

(2)  A recall petition shall be signed within 60 days from the date on which it is issued by the Chief Election Officer.

Inspection of application

(3)  Once an application has received approval in principle, it may be inspected at the office of the Chief Election Officer during its regular office hours.

Who may sign a recall petition

4.  (1)  In order to sign a recall petition, an individual shall be a registered voter for the electoral district to which the petition relates on the date he or she signs the petition.

Only one signature

(2)  An individual may sign any one recall petition only once.

Address

(3)  An individual who signs a recall petition shall also indicate his or her residential address on the petition.

Who may canvass for signatures

5.  (1)  A registered voter may canvass for signatures on a recall petition if, before the date on which he or she begins canvassing,

(a) the voter has been resident in Ontario for at least six months; and

(b) the voter has registered his or her name and residential address with the Chief Election Officer.

Accepting inducement prohibited

(2)  A person shall not directly or indirectly accept any inducement for canvassing for signatures on a recall petition.

Offering inducement prohibited

(3)  A person shall not directly or indirectly pay, give, lend or procure any inducement for a person who canvasses for signatures on a recall petition.

Alteration to petition by canvasser

(4)  A person who canvasses for signatures on a recall petition shall not alter the names and addresses provided by the persons who sign a recall petition except that the person may strike out a signature and address where the person signing has made an error, for the purpose of having the person sign the petition correctly.

Access to permanent register of electors

(5)  The Chief Election Officer shall allow a person who is canvassing for signatures on a recall petition under this section to have access to the permanent register for electors for the electoral district, if the person provides a signed oath that he or she will protect and maintain the confidentiality of the register.

Requirements for recall petition

6.  (1)  A recall petition shall,

(a) be submitted to the Chief Election Officer within 60 days after the date on which the petition was issued under section 3;

(b) be signed by more than 25 per cent of the total number of individuals who are entitled to sign the recall petition under section 4.

Address and witness signature

(2)  To be counted for the purpose of clause (1) (b), a signature on the petition shall be accompanied by the residential address of the individual who signed and shall be witnessed by the individual who canvassed the signature.

Death or resignation of member

7.  If the member who is the subject of the recall petition dies or resigns his or her seat during the period after the recall petition is issued and before a determination has been made with respect to the holding of a recall referendum, the petition is considered cancelled.

Requirement for submission of recall petitions

8.  All recall petitions issued by the Chief Election Officer shall be submitted for a determination under section 9.

Time limit for determination

9.  (1)  When a recall petition is submitted to the Chief Election Officer, he or she shall determine within 42 days and in accordance with subsection (2) and the regulations, if any, whether the petition meets the requirements of section 6.

Verification of signatures

(2)  In determining whether the petition meets the requirements of section 6, the Chief Election Officer shall,

(a) verify that the individuals who signed the petition meet the requirements of subsection 4 (1); and

(b) contact directly a random sample of the individuals who signed the petition to verify that their signatures are valid.

Result of successful recall petition

10.  If the Chief Election Officer determines that,

(a) the recall petition meets the requirements of section 6; and

(b) the proponent has complied with Part II,

a recall referendum shall be held in accordance with this Act, and the Chief Election Officer shall report to the member and to the Speaker of the Legislative Assembly with respect to the determination.

Recall Referendum

Recall referendum

11.  (1)  A recall referendum shall be conducted in accordance with sections 12 to 22.

Effect

(2)  If more than 50 per cent of the votes cast in the referendum are cast in favour of recalling the member, the member ceases to hold office and the seat of the member becomes vacant.

Referendum question

12.  The recall referendum question shall be in the following form:

Are you in favour of recalling .......................... (Member's name) as the member of the Legislative Assembly for the electoral district of ..................? Yes .........No..........

Writ of referendum

13.  (1)  The Lieutenant Governor in Council may issue a writ of referendum and shall fix the date of the recall referendum.

Date

(2)  The date of the referendum shall be at least 28 days and not more than 56 days after the day on which the writ is issued, and shall fall on a Thursday.

Duty to register

14.  (1)  Every person or entity who wishes to organize a campaign to solicit votes in favour of a particular result or to promote a particular result in a recall referendum shall apply to the Chief Election Officer for registration as a campaign organizer.

Same

(2)  Every person or entity who wishes to advertise in order to solicit votes in favour of a particular result or to advertise to promote a particular result in a recall referendum shall apply to the Chief Election Officer for registration as a campaign organizer.

Exception

(3)  A person or entity is not required to apply for registration if the following requirements are met:

1. The person or entity shall not spend more than $1,000 on the campaign to solicit votes or promote a particular result.

2. The person or entity shall not combine their money with that of another person or entity and then spend it on the campaign to solicit votes or promote a particular result.

Same

(4)  A broadcaster or publisher is not required to apply for registration solely because they broadcast or publish advertisements described in subsection (2) in the ordinary course of business.

Contents of application

(5)  The application shall contain such information as the Chief Election Officer requires and shall be accompanied by the application fee set by him or her.

Prerequisite

(6)  No application may be made until the applicant has appointed a chief financial officer and an auditor licensed under the Public Accountancy Act.

Registration

(7)  The Chief Election Officer shall register an applicant upon receipt of the application and fee unless the name of the applicant so closely resembles the name of another registered campaign organizer that the two are likely to be confused.

Register

(8)  The Chief Election Officer shall maintain a register containing the names of all registered campaign organizers and the information set out in their respective applications for registration, as that information may be revised.

Duty to notify

(9)  A registered campaign organizer shall notify the Chief Election Officer within a reasonable time if there is any change to the information provided in the application for registration, and the Chief Election Officer shall revise the register accordingly.

Change of name

(10)  If the change relates to the name of the campaign organizer, the Chief Election Officer shall not revise the register if the changed name would so closely resemble the name of another registered campaign organizer that the two are likely to be confused, and in those circumstances, the name of the campaign organizer shall not be changed.

Prohibition, receiving campaign contributions

15.  (1)  After a writ of referendum is issued, no person or entity shall accept a contribution to a campaign to solicit votes in favour of a particular result or to promote a particular result in the recall referendum unless the person or entity is, or is acting on behalf of, a registered campaign organizer.

Same

(2)  After a writ of referendum is issued, no registered campaign organizer shall knowingly accept directly or indirectly contributions from an individual who usually resides outside Ontario, a corporation that does not carry on business in Ontario or a trade union that does not engage in activities in Ontario.

Limit on campaign contributions

16.  (1)  No person or entity shall contribute more than $7,500, multiplied by the indexation factor determined under section 40.1 of the Election Finances Act, to one or more campaign organizers who are soliciting votes in favour of the same result or are promoting the same result in a recall referendum.

Campaign organizer's funds

(2)  If a campaign organizer spends their own money on a campaign, the money shall be considered to be a contribution.

Records

(3)  If a registered campaign organizer, or a person or entity acting on behalf of one, receives contributions from a person or entity that, in the aggregate, exceed $25 in connection with the same referendum question, the campaign organizer's chief financial officer shall record the contributions and, if the contributions in the aggregate exceed $100, shall record the person's or entity's name and address.

Campaign advertising as contribution

17.  (1)  In this section,

"campaign advertising" includes printing documents, but does not include news reporting.

Threshold

(2)  If a person or entity engages in campaign advertising with the knowledge and consent of a campaign organizer and the aggregate cost of the advertising exceeds $100, the cost is a contribution to the campaign organizer and is a campaign expense of the campaign organizer.

Authorization

(3)  All campaign advertising shall indicate the campaign organizer, if any, who has authorized it and the persons or entities sponsoring it.

Identification

(4)  No person or entity shall cause any campaign advertising to be broadcast or published unless he, she or it gives the broadcaster or publisher, in writing, the person's or entity's name and the name of the persons or entities sponsoring the advertising.

Records

(5)  The broadcaster or publisher shall keep the following information for at least two years and shall make it available for inspection by the public on request:

1. A copy of the campaign advertising.

2. The dates and, if applicable, the times when the advertising was broadcast or published.

3. The names given to the broadcaster or publisher under subsection (4).

4. The amount charged to broadcast or publish the advertising.

5. The amount that the broadcaster or publisher would ordinarily have charged to broadcast or publish the advertising, if the amount is different from the amount actually charged.

Period for campaign advertising

18.  (1)  In this section,

"blackout period" means,

(a) the period that begins when the writ of referendum is issued and ends on the 22nd day before the day on which the recall referendum is held, and

(b) the day on which the referendum is held, and the preceding day.

Same

(2)  No person or entity shall arrange for or consent to campaign advertising that appears during the blackout period.

Same

(3)  No broadcaster or publisher shall allow campaign advertising to appear during the blackout period.

Exceptions

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

1. The publication of campaign advertising on the day on which the referendum is held or the preceding day in a newspaper that is published once a week or less often and whose regular day of publication falls on that day.

2. A campaign advertisement on the Internet or in a similar electronic medium, if it is posted before and not altered during the blackout period.

3. A campaign advertisement in the form of a poster or billboard, if it is posted before and not altered during the blackout period.

Exceptions subject to guidelines

(5)  Subsections (2) and (3) do not apply with respect to the following activities if they are done in accordance with the guidelines of the Chief Election Officer:

1. Advertising public meetings.

2. Announcing the location of a registered campaign organizer's headquarters.

3. Advertising for volunteer campaign workers.

4. Announcing services to be provided by a registered campaign organizer in connection with enumeration and the revision of lists of voters.

5. Announcing services to be provided by a registered campaign organizer on the day the referendum is held.

Limit on campaign expenses

19.  (1)  Subject to subsection (2), no campaign organizer, or a person or entity acting on behalf of one, shall incur campaign expenses in an electoral district that exceed the amount that is the aggregate of $0.96, multiplied by the indexation factor described in subsection (3), for each of the eligible voters in the electoral district, as certified by the Chief Election Officer.

Same

(2)  In such northern electoral districts as may be prescribed, the amount calculated under subsection (1) is increased by $7,000, multiplied by the indexation factor described in subsection (3).

Indexation

(3)  The indexation factor is the factor determined under section 40.1 of the Election Finances Act.

Regulation

(4)  The Lieutenant Governor in Council may by regulation prescribe northern electoral districts for the purposes of subsection (2).

Financial report

20.  The chief financial officer for a registered campaign organizer shall file the following documents with the Chief Election Officer within six months after the recall referendum is held:

1. The campaign organizer's financial statements with respect to the referendum campaign.

2. The information required by subsection 16 (3) in connection with the campaign.

3. The auditor's report on the financial statements and on the information required by subsection 16 (3).

Application of Election Finances Act

21.  (1)  The Election Finances Act applies with necessary modifications, including the modifications set out in this Act, in respect of a recall referendum campaign unless the context requires otherwise.

Definition

(2)  For the purposes of this Act,

"person", in the Election Finances Act, shall be deemed to include a corporation and a trade union.

Application of Election Act

22.  The Election Act applies with necessary modifications, including the modifications set out in this Act, in respect of a recall referendum unless the context requires otherwise.

Offences

23.  (1)  Every person or entity who contravenes or fails to comply with any of the following provisions is guilty of an offence:

1. Subsection 14 (1) or (2) (registration, campaign organizer).

2. Subsection 15 (1) or (2) (receiving campaign contributions).

3. Subsection 16 (1) (limit on campaign contributions).

4. Subsection 17 (4) (restriction on campaign advertising).

5. Subsection 18 (2) or (3) (period for campaign advertising).

6. Section 20 (financial report re campaign).

Same

(2)  If a chief financial officer fails to comply with section 20, his or her registered campaign organizer is guilty of an offence, whether or not the chief financial officer has been prosecuted or convicted for the failure to comply.

Penalty

(3)  Upon conviction for an offence, an individual is liable to a fine of not more than $25,000 or imprisonment for a term of not more than one year, or both.

Same

(4)  Upon conviction of an offence, a corporation, trade union or other entity is liable to a fine of not more than $100,000.

By-Election

By-election

24.  When a member's office becomes vacant as the result of a recall referendum, a by-election shall be held to fill the vacancy.

Prohibition on multiple by-elections with respect to the same electoral district

25.  Only one election for any electoral district may be held under this Act during the period between general elections.

Application of Election Act

26.  The Election Act applies to a by-election under this Act.

PART II
RECALL PETITION FINANCING

Financial Agent

Authorized participants

27.  The authorized participants for a recall petition are,

(a) the proponent of the petition; and

(b) the member who is the subject of the petition.

Financial agents of authorized participants

28.  (1)  An authorized participant may only accept recall petition contributions and incur recall petition expenses through his or her financial agent.

Exception

(2)  Subsection (1) does not apply with respect to the personal recall expenses of an authorized participant.

Appointment of financial agent

29.  (1)  For the purposes of this Part, an authorized participant may act as his or her own financial agent or may appoint another individual as financial agent.

Disqualification of individuals

(2)  An individual is disqualified from acting as financial agent if the individual is,

(a) an election official, a voter registration official or an individual who is otherwise a member of the staff of the Chief Election Officer;

(b) an individual who does not have full capacity to enter into contracts;

(c) an individual who is disqualified under section 49 or 51;

(d) an individual who, at any time within the previous seven years, has been convicted of an offence under this Act or the Election Act.

Form and content of appointment

(3)  The appointment of a financial agent shall be made in writing and shall,

(a) include the name, mailing address and telephone number of the individual appointed and the effective date of the appointment; and

(b) be accompanied by,

(i) a signed consent of the individual appointed to act as financial agent, and

(ii) a signed statement of the individual appointed that he or she is not disqualified from acting as a financial agent.

Delivery to Chief Election Officer

(4)  As soon as practicable, there shall be delivered to the Chief Election Officer,

(a) a statement as to whether or not the proponent or member is acting as his or her own financial agent;

(b) if the proponent or member is not acting as his or her own financial agent, a copy of the appointment and the consent and statement referred to in clause (3) (b);

(c) an address to which notices under this Act may be delivered to the financial agent or the authorized participant, as referred to in section 79.

Change of financial officer

(5)  If there is any change in who is the financial agent for an authorized participant, the authorized participant shall, as soon as possible, notify the Chief Election Officer of that change and, for these purposes, shall deliver notice in accordance with subsection (4).

General obligations of financial agent

30.  (1)  Without limiting the obligations of a financial agent of an authorized participant under any other provision of this Act, a financial agent shall,

(a) ensure that all recall contributions, recall expenses and other income and expenditures in relation to the recall petition are properly recorded to allow compliance with the reporting requirements of this Act;

(b) ensure that all money received by or on behalf of the authorized participant in relation to a recall petition is deposited in an account in a savings institution and that all expenditures of the authorized participant are paid from an account in a savings institution;

(c) ensure that all records required to be kept for the purposes of this Act by the authorized participant are maintained in Ontario;

(d) ensure that all financial records and receipts of the authorized participant in relation to this Act are retained for at least five years from the date of filing of any report under this Act required in relation to them; and

(e) make every reasonable effort to ensure that every expenditure greater than $25 that is incurred by the authorized participant in relation to the recall petition is documented by a statement setting out the particulars of the expenditure.

Liability

(2)  A financial agent is not personally liable for any liability of the authorized participant for whom the financial agent is acting unless the liability is personally guaranteed by the financial agent.

Assistant financial agent

31.  (1)  A financial agent may authorize one or more individuals to accept recall contributions and incur recall expenses on behalf of the financial agent.

Same, power and duties

(2)  An individual who is authorized under subsection (1) to accept recall contributions and incur recall expenses has, for those purposes, all the powers, duties and protections of the financial agent.

Delivery of authorization to Chief Election Officer

(3)  As soon as practicable after an authorization under subsection (1) is made, a copy of the authorization shall be delivered to the Chief Election Officer.

Recall Contributions and Expenses

Recall contributions

32.  (1)  Subject to this Part, a recall contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to an authorized participant in relation to a recall petition.

Same

(2)  If property or services are provided to an authorized participant at less than market value or acquired from an authorized participant at greater than market value, the difference between the market value of the property or services at the time provided and the amount charged is a recall contribution.

Same

(3)  The amount of any money, but not the value of any property or services, provided in relation to a recall petition by an authorized participant is a recall contribution.

What is not a recall contribution

(4)  Recall contributions do not include the value of,

(a) services provided by a volunteer;

(b) property of a volunteer if the property is provided or used in relation to the services of the individual as a volunteer;

(c) property or services provided by an election official, a voter registration official or any other member of the staff of the Chief Election Officer in that official capacity;

(d) publishing, without charge, news, an editorial, an interview, a column, a letter or a commentary in a genuine periodical publication or a radio or television program;

(e) broadcasting time provided, without charge, as part of a genuine public affairs program;

(f) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the petition.

Recall contributions through loans and debts

33.  (1)  A loan to an authorized participant is not a recall contribution unless it is forgiven or written off.

Same

(2)  If a loan to an authorized participant is made at a rate of interest that is less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is set, the benefit of the difference between the amount of interest that would be payable at that prime rate and the amount of interest being charged for the loan is a recall contribution.

Same

(3)  The amount of a debt owed by an authorized participant in relation to recall expenses is a recall contribution if it remains unpaid for six months after becoming due and no legal proceedings to recover the debt have been commenced by the creditor.

Clarification

(4)  For certainty, nothing in subsection (3) affects the rights of a creditor in relation to a debt that becomes a recall contribution under that subsection.

Recall contributions through fundraising functions

34.  (1)  Except as provided in this section or if received as anonymous contributions under clause 37 (1) (f), funds raised by a recall fundraising function held by or on behalf of an authorized participant are not recall contributions.

Same

(2)  If a charge per individual is made for a recall fundraising function,

(a) the payment of the charge by an organization is a recall contribution;

(b) if the per individual charge is greater than $50, or a higher amount established by regulation, the payment of the charge by an individual is a recall contribution;

(c) if the per individual charge is the amount referred to in clause (b) or less,

(i) the payment by an individual of more than $250, or a higher amount established by regulation, is a recall contribution, and

(ii) the payment by an individual of the amount referred to in subclause (i) or less, in respect of one or more charges, is not a recall contribution.

Same

(3)  If the amount paid for property or services offered for sale at a recall fundraising function is greater than their market value, the difference between the amount paid and the market value at the time it is agreed to be paid is a recall contribution.

Same

(4)  The value of property or services, or both, donated by an organization or individual for sale at a recall fundraising function is a recall contribution unless the property or services or both, as applicable,

(a) are used for sale at the recall fundraising function; and

(b) have a total value that is not greater than $250 or a higher amount established by regulation.

Recall expenses

35.  (1)  Subject to this Part, a recall expense is the value of property or services used during a recall petition period to promote or oppose directly or indirectly the recall of the member who is the subject of the recall petition.

Same

(2)  A deficit incurred in holding a recall fundraising function during a recall petition period is a recall expense.

What is not a recall expense

(3)  Recall expenses do not include the value of,

(a) property and services referred to in subsection 32 (4);

(b) goods produced by an individual as a volunteer from the property of the individual;

(c) goods produced by an authorized participant from the property of the authorized participant.

Personal recall expenses

(4)  Personal recall expenses of an authorized participant are, if they are reasonable, recall expenses incurred by the authorized participant if the expenses represent,

(a) payments for care of a child or other family member for whom the authorized participant is normally directly responsible;

(b) the cost of travelling to or within the electoral district;

(c) the cost of lodging, meals and incidental charges while travelling to or within the electoral district;

(d) the cost of renting a temporary residence if it is necessary for the recall petition;

(e) recall expenses incurred as a result of any disability of the authorized participant, including the cost of any individual required to assist the authorized participant in performing the functions necessary for supporting or opposing the recall petition;

(f) any other recall expenses specified by regulation.

Report of personal recall expenses

(5)  If an authorized participant is not acting as his or her own financial agent, within 14 days after the end of the recall petition period, the authorized participant shall provide to the financial agent a report of the authorized participant's personal recall expenses.

Same

(6)  A report under subsection (5) shall set out the details of the personal recall expenses incurred by the authorized participant.

General valuation rules

36.  (1)  The rules in this section apply for the purpose of determining the value of a recall contribution or recall expense unless otherwise expressly provided in this Part.

Calculation of value

(2)  The value of any property or services is,

(a) the price paid for the property or services; or

(b) the market value of the property or services, if no price is paid or if the price paid is lower than the market value.

Same

(3)  If the property is a capital asset, the value of the property is the market value of using the property.

Value of advertising and broadcast time

(4)  The value of free advertising space in a periodical publication and free broadcasting time provided to an authorized participant for a recall petition is nil if the space or time is made available on an equitable basis to both authorized participants.

Making and Accepting Recall Contributions

Restrictions on making recall contributions

37.  (1)  An individual or organization shall not,

(a) make a recall contribution to an authorized participant except by making it to the financial agent;

(b) make a recall contribution without disclosing to the financial agent the information required to be recorded under section 41;

(c) make a recall contribution of money in an amount greater than $100 or a higher amount established by regulation, except by means of,

(i) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(ii) a money order with the name of the contributor legibly shown on it and signed by the contributor, or

(iii) a credit card in the name of the contributor, evidenced by an authorization for the payment with the name of the contributor legibly shown on it and signed by the contributor;

(d) make a recall contribution with the money, other property or services of another;

(e) make a recall contribution indirectly by giving money, other property or services to an individual or organization,

(i) for that individual or organization to make as a recall contribution, or

(ii) as consideration for that individual or organization making a recall contribution;

(f) make an anonymous recall contribution unless the contribution,

(i) is provided in response to a general solicitation for funds at a function held on behalf of or in relation to the affairs of the authorized participant to whom the contribution is provided, and

(ii) has a value of less than $50 or a higher amount established by regulation.

Exception

(2)  As an exception to clause (1) (d), an individual or organization may make a recall contribution indirectly by providing compensation to an individual who provides services that are a recall contribution, in which case the individual or organization providing the compensation is the contributor for the purposes of this Act.

Prohibition on charitable organization

(3)  A charitable organization shall not make a recall contribution.

Restrictions on accepting recall contributions

38.  (1)  A financial agent shall not accept a recall contribution that the financial agent has reason to believe is made in contravention of this Act.

Duty to inform

(2)  If an individual authorized under section 31 becomes aware that a recall contribution may have been made in contravention of this Act, the individual shall immediately inform the financial agent.

Limits on anonymous contributions

39.  (1)  A financial agent shall not accept, in relation to a recall petition, more than 50 per cent of $3,000 or a higher amount established by regulation, in permitted anonymous contributions under clause 37 (1) (f) of this Act.

Where acceptance prohibited

(2)  A financial agent shall not accept an anonymous recall contribution if this will exceed the limit under subsection (1).

Prohibited contributions to be returned

40.  (1)  If a financial agent becomes aware that a recall contribution was made or accepted in contravention of this Act, the financial agent shall, within 14 days after the financial agent becomes aware of the contravention, return to the contributor,

(a) the recall contribution; or

(b) an amount equal to the value of the recall contribution.

Consolidated Revenue Fund

(2)  If a financial agent is not able to comply with subsection (1), as soon as practicable the financial agent shall instead pay the amount referred to in that subsection to the Chief Election Officer for payment to the Consolidated Revenue Fund.

Insufficient funds

(3)  If an account maintained by a financial agent for an authorized participant contains insufficient funds to make a payment required under subsection (1) or (2), the authorized participant is liable to provide the necessary funds to meet the deficiency.

Financial agent to record each recall contribution

41.  (1)  For the purposes of complying with the reporting requirements of this Part, a financial agent shall record for each recall contribution made to the authorized participant,

(a) the value of the contribution;

(b) the date the contribution was made;

(c) the full name and address of the contributor;

(d) the class of the contributor as described in subsection (2);

(e) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least two individuals,

(i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal officers or principal members of the organization.

Classes of contributors

(2)  Contributors shall be classified as,

(a) individuals;

(b) corporations;

(c) unincorporated organizations engaged in business or commercial activity;

(d) trade unions;

(e) non-profit organizations;

(f) other contributors.

Record in case of exception

(3)  As an exception in the case of anonymous contributions permitted under clause 37 (1) (f), the financial agent shall record,

(a) a description of the function at which the contributions were collected;

(b) the date of the function;

(c) the number of people in attendance at the function; and

(d) the total amount of anonymous contributions accepted.

Record in case of loan

(4)  In the case of a loan referred to in section 33, at the time the loan is made the financial agent shall record,

(a) the information referred to in clauses (1) (b) to (e);

(b) the amount of the loan;

(c) the rate of interest charged for the loan.

Record in case of fundraising event

(5)  For a recall fundraising function held by or on behalf of an authorized participant, the financial agent shall record,

(a) a description of the function;

(b) the date of the function;

(c) the cost, the gross income and the net income or loss arising from the function.

Recall Expenses

Restrictions on who may incur recall expenses

42.  (1)  An individual or organization who is not an authorized participant shall not incur a recall expense other than a recall advertising expense.

Prohibition on payment of recall expense

(2)  The financial agent of an authorized participant shall not pay a recall expense unless the payment is made out of the property of the authorized participant for whom it is incurred.

Recall expenses in excess of limit prohibited

43.  (1)  An authorized participant shall not incur a recall expense if incurring the expense will result in the recall expenses exceeding the expenses limit determined under section 44.

What is not a recall expense

(2)  For the purpose of determining whether an authorized participant has complied with the applicable expenses limit, recall expenses do not include,

(a) fees charged by the Chief Election Officer under this Act;

(b) costs incurred for producing copies of the petition in accordance with the regulations;

(c) personal recall expenses;

(d) legal or accounting services provided to comply with this Act or the regulations;

(e) services provided by a financial agent in that capacity;

(f) expenses incurred in holding a fundraising function if no deficit is incurred;

(g) interest on a loan for recall expenses to an authorized participant;

(h) expenses prescribed for the purposes of this section by regulation.

Same

(3)  A recall expense that is not included for the purpose of calculating whether there has been compliance with a limit under this Part remains a recall expense and is subject to all other provisions of this Act.

Recall expenses limit

44.  (1)  For the purpose of determining a recall expenses limit, the number of voters for an electoral district is the number of registered voters in the electoral district as of general voting day for the last election of the member.

Limit, fewer than 25,000 electors

(2)  In the case of an electoral district for which there are 25,000 or fewer registered voters, the total value of recall expenses incurred by an authorized participant during a recall petition period shall not exceed the total of the applicable amount under clause (6) (a) or subsection (7).

Limit, more than 25,000 electors

(3)  In the case of an electoral district for which there are more than 25,000 registered voters, the total value of recall expenses incurred by an authorized participant during a recall petition period shall not exceed the total of,

(a) the amount permitted by subsection (2); and

(b) the applicable amount under clause (6) (b) or subsection (7) for each registered voter for the electoral district in excess of 25,000.

Calculation of limit

(4)  Subject to subsection (5), if an electoral district has an average of fewer than two registered voters for each square kilometre, the limit on recall expenses under subsection (2) or (3), as applicable, is increased by the amount calculated by multiplying,

(a) the applicable amount under clause (6) (c) or subsection (7); and

(b) the total number of square kilometres in the electoral district.

Same

(5)  The maximum increase in the limit on recall expenses under subsection (4) is 25 per cent of the limit determined under subsection (2) or (3), as applicable.

Same

(6)  For a recall petition that is issued during the period beginning on January 1, 2005 and ending on December 31, 2005, the amounts to be used for determining the limits on recall expenses are,

(a) under subsection (2), $50,000;

(b) under subsection (3), $0.50;

(c) under subsection (4), $0.30.

Same

(7)  For each recall petition period that begins on or after January 1, 2006, the Chief Election Officer shall adjust the amounts under subsection (6) in accordance with the consumer price index for Canada for the previous year to determine the limits on recall expenses.

Publication of adjusted amount

(8)  The Chief Election Officer shall,

(a) have notice of an adjusted amount under subsection (7) published in The Ontario Gazette; and

(b) give notice of the amount to the authorized participants.

Reporting

Reporting of information regarding recall contributions

45.  (1)  Where this Act requires that recall contributions be disclosed in a report, the report shall include,

(a) for each contributor who made one or more recall contributions that in total have a value of more than $250, or a higher amount established by regulation, the information required to be recorded under subsection 41 (1), other than the address of an individual;

(b) for anonymous contributions, the information required to be recorded under subsection 41 (3);

(c) for contributions not referred to in clause (a) or (b), the aggregate value of the contributions received and the total number of contributors from whom they were received.

Filing of declaration

(2)  On request by the Chief Election Officer, a contributor shall file with the Chief Election Officer a declaration that the contributor has not contravened this Act or the regulations.

Recall financing report

46.  (1)  Within 28 days after the end of the recall petition period, the financial agent of an authorized participant shall file with the Chief Election Officer a financing report in accordance with this section.

Content of financing report

(2)  A financing report shall include,

(a) the recall expenses incurred by the authorized participant, showing separately those expenses that are not included for the purposes of determining whether the expenses limit was exceeded;

(b) the recall contributions accepted by the authorized participant reported in accordance with section 45;

(c) any loans or guarantees received by the authorized participant for recall expenses and any conditions attached to them, including, for loans referred to in section 33, the information recorded under section 41 (4), other than the address of an individual;

(d) for recall fundraising functions held by or on behalf of the authorized participant, the information recorded under section 41 (5);

(e) any income received and any expenditures made or incurred by the authorized participant in relation to the recall petition, if these are not otherwise disclosed in the report;

(f) any recall contributions received but returned or otherwise dealt with in accordance with section 40.

Supplementary report

(3)  A supplementary report shall be filed with the Chief Election Officer,

(a) by the financial agent within 14 days after the financial agent or the authorized participant becomes aware of a change to any of the information required to be disclosed in a report filed under this section;

(b) by the financial agent within 14 days after the financial agent or authorized participant becomes aware of the fact that a report under this section did not completely and accurately disclose the information required to be disclosed in the report.

Principles for preparing report

(4)  A report under this section shall be prepared in accordance with generally accepted accounting principles and shall be filed with a declaration of the financial agent as to its accuracy.

Audit

(5)  After examining a report under this section, the Chief Election Officer may require the report to be audited in accordance with the directions of the Chief Election Officer at the expense of the authorized participant, and may establish a time limit by which the financial agent shall provide the report to the Chief Election Officer.

Inspection

(6)  A report under this section shall be available for public inspection at the office of the Chief Election Officer during its regular office hours until one year after general voting day for the next general election.

Clarification

(7)  For certainty, a report under this section is required even if the recall petition is not submitted to the Chief Election Officer in accordance with section 6.

Publication of financing summary

47.  As soon as practicable after a report under subsection 46 (1) is received, the Chief Election Officer shall publish a report including,

(a) the name of the authorized participant on whose behalf the financing report is filed;

(b) an identification of the relevant recall petition;

(c) a summary of the information included in the financing report for that petition;

(d) a statement of the applicable expenses limit;

(e) a statement as to whether the authorized participant complied with the applicable expenses limit.

Penalties for Failure to Comply

Publication of failure to comply

48.  (1)  The Chief Election Officer shall have a notice published in The Ontario Gazette that gives,

(a) the name of an authorized participant for whom a recall financing report is not filed in accordance with section 46;

(b) the name of an authorized participant for whom a required recall financing report is not filed;

(c) the name of an authorized participant who exceeds the expenses limit;

(d) the name of an authorized participant in relation to whom there was a conviction under section 75 in relation to a recall financing report.

Same

(2)  Publication under subsection (1) shall take place as soon as possible after the Chief Election Officer becomes aware of the applicable circumstances referred to in that subsection.

Effect of incurring expenses over limit

49.  (1)  Unless relief is granted by a court under section 50,

(a) if the proponent exceeds the expenses limit,

(i) the recall petition fails, and

(ii) the proponent shall pay to the Chief Election Officer a penalty of double the amount by which the expenses exceed the limit; and

(b) if the member exceeds the expenses limit, the member shall pay to the Chief Election Officer a penalty of 10 times the amount by which the expenses exceed the limit.

When penalties effective

(2)  The penalties referred to in subsection (1) are effective,

(a) if no application under section 50 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 50, the court refuses to grant relief from the penalty, at the time of that determination.

Effect of failure to pay penalty

(3)  In all cases, until the applicable penalty under subsection (1) is paid, an authorized participant who exceeds the recall expenses limit is not eligible,

(a) to apply for the issuance of a petition under section 2; or

(b) to act as a financial agent in relation to a recall petition.

Consolidated Revenue Fund

(4)  A penalty received by the Chief Election Officer under this section shall be paid into the Consolidated Revenue Fund.

Court order for relief from expenses limit

50.  (1)  An authorized participant may apply to the Superior Court of Justice in accordance with this section for relief from section 49 for failing to comply with an expenses limit.

Timing for application

(2)  An application may be made only,

(a) within 58 days after the end of the recall petition period; or

(b) if the failure to comply is disclosed by a supplementary report under section 46 (3), within 14 days after the day on which the supplementary report is filed.

Service

(3)  Within seven days after it is filed, the application shall be served on the other authorized participant, by service on that authorized participant or on the financial agent of that authorized participant, and on the Chief Election Officer.

Parties

(4)  The applicant, the other authorized participant and the Chief Election Officer are parties to the application.

Powers of court

(5)  On the hearing of an application, the court may,

(a) grant relief if the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith; or

(b) refuse to grant relief.

Failure to file recall financing report

51.  (1)  If a recall financing report is not filed with the Chief Election Officer within the time given for doing so,

(a) in the case of a report by the proponent,

(i) the recall petition fails, and

(ii) the proponent shall pay a penalty of $100 or a higher amount established by regulation to the Chief Election Officer for each day after the last day on which it may be filed up to the date on which it is in fact filed;

(b) in the case of a report for the member, the member shall pay a penalty of $500 or a higher amount established by regulation to the Chief Election Officer for each day after the last day on which it may be filed up to the date on which it is in fact filed.

When penalties effective

(2)  The penalties referred to in subsection (1) are effective immediately.

Effect of failure to pay penalty

(3)  In all cases, until the applicable penalty under subsection (1) is paid and the report is filed, an authorized participant who fails to file a recall financing report is not eligible,

(a) to apply for the issuance of a petition under section 2; or

(b) to act as a financial agent in relation to a recall petition.

False or misleading reports relating to a recall petition

52.  (1)  In addition to the penalty referred to in section 75,

(a) if the proponent of a recall petition is convicted under that section in relation to a report under this Part relating to the recall petition, at the end of the applicable time under subsection (3) that recall petition fails; or

(b) if a member is convicted under that section in relation to a report under this Part relating to a recall petition, at the applicable time under subsection (3) the member ceases to hold office and the seat of the member becomes vacant.

Report to Speaker

(2)  The Chief Election Officer shall present a report to the Speaker respecting a member who may be subject to the penalty under clause (1) (b) as soon as possible after the conviction to which it relates.

Application of subs. (1)

(3)  Subsection (1) applies,

(a) if no appeal of the conviction is made, at the end of the period for making such an appeal;

(b) if the conviction is upheld on its final determination on appeal, at the time of that determination.

PART III
RECALL PETITION COMMUNICATIONS

General

Recall advertising

53.  For the purposes of this Act, recall advertising is advertising used during a recall petition period to promote or oppose directly or indirectly the recall of the member who is the subject of the petition.

Sponsorship of recall advertising

54.  (1)  For the purposes of this Part, the sponsor of recall advertising is, as the case may be,

(a) the individual or organization who pays for the recall advertising to be conducted, including its publishing;

(b) if the services of conducting the advertising, including its publishing, are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(c) if the individual or organization who is the sponsor within the meaning of clause (a) or (b) is acting on behalf of another individual or organization, the other individual or organization.

Sponsor information

(2)  Where this Part requires the inclusion of a mailing address or telephone number at which a sponsor can be contacted,

(a) any mailing address given shall be within Ontario;

(b) any telephone number given shall be that of a place within Ontario; and

(c) the sponsor shall ensure that there is an individual at the address or telephone number who is responsible for answering questions from the public.

Elements of identification

(3)  Where this Part requires a sponsor to be identified, for a numbered corporation or an unincorporated organization the identification shall include both,

(a) the name of the organization; and

(b) the name of an individual director or, if there are no individual directors, an individual who is a principal officer or principal member of the organization.

Declaration

(4)  On request of the Chief Election Officer,

(a) an individual identified as a sponsor; or

(b) an individual identified as a director, principal officer or principal member of an organization identified as a sponsor,

shall file with the Chief Election Officer a declaration that the identified sponsor is in fact the sponsor and that the sponsor has not contravened this Part.

No indirect sponsorship of recall advertising

55.  An individual or organization shall not sponsor recall advertising with the property of any other individual or organization or indirectly through any other individual or organization.

Recall advertising shall identify sponsor

56.  An individual or organization shall not sponsor or conduct any recall advertising, including its publishing, unless the advertising,

(a) identifies the name of the sponsor or, in the case of an authorized participant, the name of the financial agent;

(b) if applicable, indicates that the sponsor is a registered sponsor under this Act;

(c) indicates that it was authorized by the identified sponsor or financial agent; and

(d) gives a telephone number or mailing address at which the sponsor or financial agent may be contacted regarding the advertising.

Restriction on rates charged for recall advertising

57.  An individual or organization shall not charge a rate for recall advertising in a periodical publication or on radio or television that exceeds the lowest rate charged by the individual or organization for equivalent advertising in the same medium during the same recall petition period.

Registration of Sponsors

Recall advertising sponsors shall be registered

58.  (1)  Subject to subsection (2), an individual or organization who is not registered under sections 59 to 61 shall not sponsor recall advertising.

Registration of authorized participant not required

(2)  An authorized participant is not required to be registered to sponsor recall advertising in relation to a recall petition for which the individual is an authorized participant.

Registration with Chief Election Officer

59.  (1)  An individual or organization who wishes to become a registered sponsor in relation to a recall petition shall file an application in accordance with this section with the Chief Election Officer.

Contents of application

(2)  An application shall include,

(a) the full name of the applicant and, in the case of an applicant organization that has a different usual name, this usual name;

(b) the full address of the applicant;

(c) in the case of an applicant organization, the names of the principal officers of the organization or, if there are no principal officers, of the principal members of the organization;

(d) an address at which notices and communications under this Act and other communications will be accepted as served on or otherwise delivered to the individual or organization;

(e) a telephone number at which the applicant can be contacted;

(f) identification of the recall petition in relation to which the applicant wishes to be registered as a sponsor;

(g) any other information required by regulation to be included.

Application formalities

(3)  An application shall,

(a) be signed, as applicable, by the individual applicant or, in the case of an applicant organization, by two principal officers of the organization or, if there are no principal officers, by two principal members of the organization; and

(b) be accompanied by a declaration of an individual who signed the application under clause (a) that the applicant is not prohibited from being registered by section 61.

Form of applications

(4)  The Chief Election Officer may require applications to be in a specified form.

Registration as registered sponsor

(5)  As soon as practicable after receiving an application, if satisfied that the requirements of this section are met by an applicant, the Chief Election Officer shall register the applicant as a registered sponsor in the register maintained by the Chief Election Officer for this purpose.

Change of information

(6)  If there is any change in the information referred to in subsection (2) for a registered sponsor, the sponsor shall file with the Chief Election Officer written notice of the change within 15 days after it occurs.

Deemed delivery of notice

(7)  A notice or other communication that is required or authorized by or under this Act to be given to a sponsor is deemed to have been given if it is delivered to the applicable address filed under this section with the Chief Election Officer.

Obligations of registered sponsor

60.  (1)  The identification of a registered sponsor referred to in section 56 shall be a name filed by the sponsor under section 59 with the Chief Election Officer.

Record

(2)  An individual or organization who is registered or required to be registered as a sponsor shall maintain a record, in respect of contributions received by the sponsor, of,

(a) in the case of anonymous contributions, the date on which the contributions were received, the total amount received on each date and, if applicable, the event at which they were received;

(b) in other cases, the information referred to in clauses 37 (1) (a) to (e), with the class of contributor recorded in accordance with section 63.

Limit on registration

61.  An individual or organization who is subject to a penalty under this Part or for whom a required report under this Part is not filed is not entitled to be registered as a sponsor until all such outstanding reports are filed and all such outstanding penalties are paid.

Disclosure of Independent Recall Advertising

Independent sponsors to file disclosure reports

62.  (1)  Subject to subsection (2), if an individual or organization sponsors, during a recall petition period, recall advertising that has a total value of $500 or a higher amount established by regulation, the sponsor shall file with the Chief Election Officer a recall advertising disclosure report in accordance with this section and section 63.

Timing of filing

(2)  A recall advertising disclosure report under subsection (1) shall be filed with the Chief Election Officer within 28 days after the end of the recall petition period to which it relates.

Authorized participant not required to file

(3)  An authorized participant for the recall petition is not required to file a report under this section.

Supplementary report

(4)  A sponsor shall file a supplementary report with the Chief Election Officer if any of the information required to be disclosed in a recall advertising disclosure report changes or if the sponsor becomes aware that the report does not accurately and completely disclose that information.

Filing of supplementary report

(5)  A supplementary report under subsection (4) shall be filed within the equivalent period under subsection 46 (3) after the sponsor becomes aware of the facts in relation to which the report is required.

Contents of disclosure report

63.  (1)  A recall advertising disclosure report shall be in the form prescribed by regulation and shall include,

(a) the value of the recall advertising sponsored by the sponsor, reported by class as required by regulation;

(b) the amount of the contributions accepted by the sponsor during the period beginning six months before the recall petition was issued and ending at the end of the recall petition period, reported in accordance with subsections (2) to (4);

(c) any amount of the sponsor's assets, other than assets received by way of contribution reported under clause (b), that was used to pay for the recall advertising sponsored by the sponsor;

(d) any other information required by regulation to be included.

Manner of reporting

(2)  For the purposes of clause (1) (b), amounts accepted from contributors shall be reported separately, by each class, for,

(a) individuals;

(b) corporations;

(c) unincorporated organizations engaged in business or commercial activity;

(d) trade unions;

(e) non-profit organizations;

(f) other identifiable contributors; and

(g) anonymous contributors.

Contents of report, amount higher than $250

(3)  If the records of the sponsor indicate that, during the period for which contributions are required to be reported, a contributor made one or more contributions of money that, in total, have a value of more than $250 or a higher amount established by regulation, the report under this section shall include,

(a) the full name of the contributor;

(b) the class of the contributor as referred to in subsection (2);

(c) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least two individuals,

(i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal officers or principal members of the organization;

(d) the value of each contribution and the date on which it was made.

Anonymous contributions

(4)  For anonymous contributions, the report under this section shall include the dates on which the contributions were received, the amounts received on each date and, if applicable, the events at which they were received.

Declaration as to accuracy

(5)  A report under this section shall be accompanied by a signed declaration of the individual sponsor or, in the case of an organization, by a principal officer of the organization or, if there are no principal officers, by a principal member of the organization, as to the accuracy of the report.

Reasonable efforts to comply

(6)  As a limit on the reporting obligations under this section, the obligation of a sponsor in relation to contributions accepted before the recall petition period to which the report relates is that reasonable effort shall be made to report the information required under this section.

Failure to file reports

64.  (1)  If a recall advertising disclosure report is not filed with the Chief Election Officer within the period for doing so, the sponsor,

(a) is deregistered as a sponsor under sections 59 to 61 of this Part; and

(b) shall pay to the Chief Election Officer a penalty of $500 or a higher amount established by regulation for each day after the last day on which it may be filed up to the date on which it is in fact filed.

Unincorporated organization

(2)  In the case of a sponsor that is an unincorporated organization, the members of the organization are jointly and separately liable to pay the penalty under clause (1) (b).

When penalties effective

(3)  The penalties referred to in subsection (1) are effective immediately.

Obligation to maintain records

65.  An individual or organization who is or has been a sponsor of recall advertising shall,

(a) ensure that the records required for the purposes of this Part are maintained in Ontario; and

(b) retain those records for at least five years, or a longer period specified by the Chief Election Officer, from the date of filing of a required report in relation to those records.

Publication of recall advertising summary

66.  As soon as practicable after a recall advertising disclosure report is received, the Chief Election Officer shall publish a report including,

(a) the name of the sponsor for whom it is filed;

(b) an identification of the relevant recall petition;

(c) a summary of the information included in the report.

PART IV
OFFENCES

Prosecution of organizations and their directors and agents

67.  (1)  An act or thing done or omitted by an officer, director, employee or agent of an organization within the scope of the individual's authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.

Same

(2)  If an organization commits an offence under this Act, an officer, director, employee or agent of the organization who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the organization is convicted of the offence.

Same

(3)  A prosecution for an offence under this Act may be brought against an unincorporated organization in the name of the organization and, for the purposes of the prosecution, the unincorporated organization is deemed to be a person.

Defence of due diligence

68.  An individual or organization is not guilty of an offence under this Act if the individual or organization exercised due diligence to prevent the commission of the offence.

Signature and vote buying offences

69.  (1)  An individual or organization shall not pay, give, lend or procure an inducement,

(a) to induce an individual to sign a petition or refrain from signing a petition;

(b) to reward an individual for having signed a petition or having refrained from signing a petition; or

(c) to procure or induce an individual to attempt to procure the vote of a voter or the failure of a voter to vote.

Prohibition on accepting inducements

(2)  An individual shall not accept an inducement,

(a) to sign a petition or refrain from signing a petition;

(b) as a reward for having signed a petition or refrained from signing a petition;

(c) to vote or refrain from voting;

(d) as a reward for having voted or refrained from voting as described in clause (c).

Same

(3)  An individual or organization shall not advance, pay or otherwise provide an inducement, or cause an inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section.

Same

(4)  An individual shall not offer, agree or promise to do anything otherwise prohibited by this section.

Same

(5)  An individual or organization prohibited from doing something by this section shall not do the prohibited act directly, indirectly or by another individual or organization on behalf of the individual or organization who is subject to the prohibition.

Offence

(6)  An individual or organization who contravenes this section commits an offence and is liable to a fine of not more than $10,000 or imprisonment for a term not longer than two years, or both.

Intimidation offences

70.  (1)  An individual or organization shall not intimidate an individual,

(a) to persuade or compel an individual to sign a petition or refrain from signing a petition;

(b) to punish an individual for having signed a petition or having refrained from signing a petition.

Same

(2)  An individual or organization shall not, by abduction, duress or fraudulent means,

(a) impede, prevent or otherwise interfere with an individual's right to sign a petition; or

(b) compel, persuade or otherwise cause an individual to sign a petition or refrain from signing a petition.

Same

(3)  An individual or organization prohibited from doing something by this section shall not do the prohibited act directly, indirectly or by another individual or organization on behalf of the individual or organization who is subject to the prohibition.

Offence

(4)  An individual or organization who contravenes this section commits an offence and is liable to one or more of the penalties referred to in subsection 69 (6).

Wrongful signing and voting

71.  (1)  An individual commits an offence if the individual,

(a) signs a petition when not entitled to do so;

(b) signs the same petition more than once;

(c) signs a petition in the name of another individual, whether the name is of a living or dead individual or of a fictitious individual.

Penalty

(2)  An individual who commits an offence under subsection (1) is liable to one or more of the penalties referred to in subsection 69 (6).

Offences in relation to canvassing for signatures

72.  (1)  An individual or organization commits an offence if the individual or organization,

(a) canvasses for signatures on a petition when not entitled to do so under this Act;

(b) contravenes subsection 5 (2) or (3) respecting inducement in relation to canvassing for signatures on a petition;

(c) falsely represents that a document is a petition issued by the Chief Election Officer or a copy of one issued by the Chief Election Officer;

(d) canvasses for signatures on a petition in a time period other than that during which the petition may be signed under this Act;

(e) does not comply with any regulations respecting the conduct of individuals who canvass for signatures on petitions.

Penalty

(2)  An individual or organization who contravenes this section commits an offence and is liable to a fine of not more than $5,000 or imprisonment for a term not longer than one year, or both.

Offences in relation to financing

73.  (1)  An individual or organization commits an offence if the individual or organization,

(a) consents to be appointed as a financial agent under this Act when not entitled to be appointed to the position;

(b) contravenes section 37, 38 or 39 regarding making or accepting a recall contribution;

(c) contravenes section 40 regarding prohibited recall contributions;

(d) contravenes section 42 regarding incurring recall expenses;

(e) contravenes section 43 by incurring a recall expense in excess of the applicable expenses limit, unless relief has been granted under section 50.

Penalty

(2)  An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $5,000 or imprisonment for a term not longer than one year, or both.

Offences in relation to recall advertising and promotion

74.  (1)  An individual or organization commits an offence if the individual or organization,

(a) contravenes section 55 respecting a restriction on recall advertising;

(b) contravenes section 56 respecting identification of the sponsor of recall advertising;

(c) contravenes section 57 respecting a rate charged for recall advertising;

(d) contravenes section 58 respecting the requirement to be registered as a sponsor;

(e) fails to record information as required by subsection 60 (2).

Penalty

(2)  An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $5,000 or imprisonment for a term not longer than one year, or both.

Offences in relation to false or misleading information

75.  (1)  An individual or organization commits an offence if the individual or organization,

(a) provides false or misleading information when required or authorized by this Act or the regulations to provide information;

(b) makes a false or misleading statement or declaration when required by this Act or the regulations to make a statement or declaration.

Defence

(2)  An individual or organization is not guilty of an offence under this section if, at the time the information was given or the statement or declaration was made, the individual or organization did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

Penalty

(3)  An individual or organization who commits an offence under this section is liable to a fine of not more than $10,000 or imprisonment for a term not longer than two years, or both.

Offence in relation to disclosure or use of information

76.  (1)  An individual or organization who discloses or uses personal information referred to in section 81 except as authorized by that section commits an offence.

Penalty

(2)  An individual or organization who commits an offence under this section is liable to a fine of not more than $10,000 or imprisonment for a term not longer than two years, or both.

Penalties under this Part are in addition to any others

77.  Any penalty under this Part is in addition to and not in place of any other penalty to which an individual or organization may be liable in respect of the same matter.

Limitation

78.  A prosecution under this Act shall be commenced within one year of the time when the subject-matter of the prosecution arose.

PART V
GENERAL

Delivery of notices

79.  A notice that is required or authorized under this Act to be given to an individual or organization is deemed to be given if it is delivered to the applicable address provided for this purpose under this Act.

Filing documents with Chief Election Officer

80.  Where this Act or a regulation requires or authorizes a document or other record to be filed with or submitted to the Chief Election Officer, this may be done by delivering the record,

(a) to the office of the Chief Election Officer during its regular office hours; or

(b) to the Chief Election Officer or an agent of the Chief Election Officer at another place and time authorized by the Chief Election Officer.

Access to and use of information in records

81.  (1)  A record that is required or authorized by or under this Act to be filed with or submitted to the Chief Election Officer shall, subject to this section, be available for public inspection in the office of the Chief Election Officer during its regular office hours for one year from the time it is filed or submitted.

When inspection possible

(2)  Unless the Chief Election Officer permits earlier inspection, an application for the issuance of a petition is not available for public inspection until after the Chief Election Officer has determined whether or not the petition is to be issued.

No public inspection of petition

(3)  A petition that has been submitted to the Chief Election Officer is not available for public inspection.

Payment for copying

(4)  If a record is available for public inspection in the office of the Chief Election Officer, subject to this section, a member of the public may obtain a copy of the record on payment of the reasonable costs of reproduction.

Hiding certain information

(5)  If a record available for public inspection as referred to in subsection (1) contains information that is and is identified as the residential address or telephone number of a specific individual, on request of that individual, that information shall be obscured in the documents available for public inspection and, for these purposes, the Chief Election Officer may make a copy rather than the original available for public inspection.

Use of personal information

(6)  Where this Act permits or requires the disclosure, public inspection or other use of or access to records containing personal information within the meaning of the Freedom of Information and Protection of Privacy Act, the personal information may be used only for the purposes of this Act or,

(a) to enable members of the Legislative Assembly to communicate with voters; or

(b) to revise lists of voters.

Powers of Chief Election Officer

(7)  The Chief Election Officer or a member of the staff of the Chief Election Officer may require an individual who wishes to inspect or obtain a copy of a record referred to in subsection (5) to,

(a) satisfy the official that any purpose for which personal information is to be used is permitted by that subsection; and

(b) provide a signed statement that the individual, and any individual or organization on whose behalf the first individual is inspecting or obtaining the record, will not use personal information included in the record except for a purpose permitted by or under this Act.

Power of Archivist

(8)  The Archivist of Ontario may require that records under the control of the Chief Election Officer be given into the custody of the archives after the end of the applicable retention period under this Act and, for these purposes, the Chief Election Officer shall give notice to the Archivist before the end of each such period.

Conflict with Freedom of Information and Protection of Privacy Act

(9)  To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, this Act applies despite that Act.

Enforcement of Act by Chief Election Officer

82.  (1)  The Chief Election Officer may conduct,

(a) audits of the accounts of financial agents and authorized participants; and

(b) investigations of any matter that might constitute a contravention of this Act or a regulation under this Act.

Same

(2)  For the purposes of subsection (1), the Chief Election Officer or a representative of the Chief Election Officer may inspect and make copies of the records of an individual or organization,

(a) who is or was a financial agent at any time during the previous five years;

(b) who is or was an authorized participant at any time during the previous five years;

(c) who is or was required to file a recall advertising disclosure report at any time during the previous five years.

Application of certain rules

(3)  The following rules apply in relation to the authority under subsection (2):

1. The Chief Election Officer or a representative of the Chief Election Officer may enter at any reasonable time the premises where the records of the individual or organization are kept.

2. An individual or organization occupying premises referred to in paragraph 1 shall produce and permit copies or extracts to be made of all records required by the Chief Election Officer or his or her representative and provide all information that they may reasonably require.

3. The authority under paragraph 1 shall not be used to enter a dwelling house except with the consent of the occupant or the authority of a warrant under paragraph 4.

4. On being satisfied on evidence on oath or affirmation that there are reasonable and probable grounds to believe that there are in a place records or other things relevant to matters referred to in this section, a justice may issue an order authorizing the Chief Election Officer, his or her representative or a peace officer to enter the place and search for and seize any records or other things relevant to the matter in accordance with the warrant.

Emergencies and other extraordinary circumstances

83.  (1)  The Chief Election Officer may, by specific or general order, make exceptions to this Act and the regulations under this Act in accordance with the purposes of this Act if, in the opinion of the Chief Election Officer, this is necessary because of an emergency, a mistake or extraordinary circumstances in relation to proceedings under this Act.

Same, extension of time

(2)  Without limiting subsection (1), the Chief Election Officer may make orders extending a time period or establishing a new date in place of one set by or under this Act and giving any other direction the Chief Election Officer considers appropriate in relation to this.

Regulations by L.G. in C.

84.  On the recommendation of the Attorney General, after consultation with the Chief Election Officer, the Lieutenant Governor in Council may make regulations,

(a) governing the duties and powers of the Chief Election Officer under this Act;

(b) setting out procedures for the verification of signatures and governing eligibility to sign a petition under this Act;

(c) governing the conduct of individuals who canvass for signatures on petitions;

(d) prescribing forms for the purposes of this Act and prescribing information that may be included on them;

(e) prescribing fees for the purposes of this Act;

(f) specifying recall expenses that are to be included as personal recall expenses under clause 35 (4) (f);

(g) specifying expenses that are not to be included when determining whether an organization or individual has complied with an expenses limit;

(h) prescribing information that shall be included in,

(i) an application under section 59, or

(ii) a recall advertising disclosure report under section 62;

(i) prescribing classes of advertising for the purposes of clause 63 (1) (a);

(j) prescribing amounts higher than amounts set out in this Act in provisions where reference is also made to the establishing of higher amounts by regulation.

Additional powers of the Chief Election Officer

85.  (1)  The powers, duties and functions given to the Chief Election Officer under the Election Act apply for the purposes of this Act except that if there is a conflict or inconsistency between the Election Act and this Act, this Act applies.

Public awareness campaigns

(2)  The Chief Election Officer may conduct public awareness campaigns as he or she considers appropriate for the purpose of informing electors about recall petitions.

Commencement

86.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

87.  The short title of this Act is the Recall Act, 2004.

EXPLANATORY NOTE

The purpose of the Bill is to provide for a process by which members of the Legislative Assembly may be recalled and a by-election held to fill the vacant seat.

The first step in the process is the issuing of a recall petition. If the petition is signed by more than 25 per cent of the total number of individuals who are entitled to sign it and the petition otherwise meets the requirements for a successful recall petition, the Chief Election Officer shall hold a referendum to decide whether the member should be recalled. Sections 11 to 22 describe the referendum process, in particular with respect to financing and advertising of referendum campaigns. If more than 50 per cent of those entitled to vote on the referendum answer "yes" to the referendum question, then the member is recalled and his or her seat in the Assembly becomes vacant. A by-election is then held to fill the vacancy. The recalled member is free to be a candidate at the by-election.

Parts II and III of the Bill set out detailed rules respecting the financing and advertising of recall petitions. Part IV sets out the offences under the Act and Part V deals with other miscellaneous matters.