[38] Bill 176 Original (PDF)
Bill 176 2005
An Act to amend
the Election Act,
the Election Finances Act and
the Legislative Assembly Act,
to repeal the Representation Act, 1996
and to enact the
Representation Act, 2005
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Election Act
1. (1) The definition of "electoral district" in section 1 of the Election Act is amended by striking out "Representation Act, 1996" and substituting "Representation Act, 2005".
(2) Sections 7.1 and 7.2 of the Act are repealed and the following substituted:
New Electoral Districts
Appointment of returning officers for new electoral districts
7.1 (1) During the transitional period described in subsection (2), the Lieutenant Governor in Council may appoint returning officers under subsection 7 (1) for the electoral districts established by subsection 2 (1) of the Representation Act, 2005 as well as for the existing electoral districts referred to in subsection 2 (4) of that Act.
Same
(2) The transitional period begins on the date of Royal Assent and ends on the day of the first dissolution of the Legislature that follows the date of Royal Assent.
Same
(3) Any appointments of returning officers for the existing electoral districts that are still in effect expire on the last day of the transitional period.
Definition
(4) In this section,
"date of Royal Assent" means the day the Election Statute Law Amendment Act, 2005 receives Royal Assent.
(3) Section 9 of the Act is repealed and the following substituted:
Four-Year Terms
General elections at four-year intervals
Powers of Lieutenant Governor
9. (1) Nothing in this section affects the powers of the Lieutenant Governor, including the power to dissolve the Legislature, by proclamation in Her Majesty's name, when the Lieutenant Governor sees fit.
First Thursday in October
(2) Subject to the powers of the Lieutenant Governor referred to in subsection (1),
(a) a general election shall be held on Thursday, October 4, 2007, unless a general election has been held, after the day on which the Election Statute Law Amendment Act, 2005 receives Royal Assent and before October 4, 2007, because of a dissolution of the Legislature; and
(b) thereafter, general elections shall be held on the first Thursday in October in the fourth calendar year following polling day in the most recent general election.
Dates for Writs, Close of Nominations
and Polling Day
Dates for writs, close of nominations and polling day
Application to all elections
9.1 (1) This section applies to all elections.
Powers of Lieutenant Governor in Council
(2) When an election is to be held, the Lieutenant Governor in Council may,
(a) order that the writ or writs for the election be issued; and
(b) appoint and proclaim a day,
(i) for the close of nominations and the grant of a poll where required, and
(ii) as polling day.
Date of writ
(3) A writ for an election shall be dated on a Wednesday.
Day for close of nominations and grant of poll
(4) The day for the close of nominations and the grant of a poll where required shall be the third Thursday after the date of the writ.
Polling day
(5) Polling day shall be the fifth Thursday after the date of the writ.
Alternate day
(6) If the Chief Election Officer is of the opinion that a Thursday that would otherwise be polling day is not suitable for that purpose because it is a day of cultural or religious significance, the Chief Election Officer shall choose another day in accordance with subsection (7) and recommend to the Lieutenant Governor in Council that polling day should be that other day, and the Lieutenant Governor in Council may make an order to that effect.
Same
(7) The alternate day shall be one of the seven days following the Thursday that would otherwise be polling day.
Regular general election, time for order
(8) In the case of a general election under subsection 9 (2), an order under subsection (6) shall not be made after August 1 in the year in which the general election is to be held.
(4) Subparagraph 2 iv of subsection 17.1 (4) of the Act is repealed and the following substituted:
iv. any municipality in Ontario and its local boards.
(5) Clause 17.2 (b) of the Act is repealed and the following substituted:
(b) any municipality in Ontario and its local boards.
(6) The Act is amended by adding the following sections:
Representative Bodies of Electors
Definition
17.7 In sections 17.8 to 17.10,
"Minister" means the Minister Responsible for Democratic Renewal.
Regulations
17.8 (1) The Lieutenant Governor in Council may, by regulation,
(a) provide that the Minister shall assemble a representative body of electors to consider specified matters relating to the reform, in the context of democratic renewal, of the statutes for which the Minister has responsibility;
(b) specify the terms of reference of the representative body, including,
(i) the matters described in clause (a) that it shall consider,
(ii) with respect to each matter, whether the representative body shall make a recommendation or a decision,
(iii) the manner in which the representative body shall meet, deliberate, gather information and conduct hearings,
(iv) the date by which the representative body shall complete its work and submit a report to the Minister;
(c) specify the number of members, and the number of alternates, if any, who shall compose the representative body, and prescribe eligibility criteria for members, and for alternates, if any;
(d) specify the date by which the Chief Election Officer shall provide the list and personal information to the Minister under paragraph 6 of section 17.9;
(e) permit the Chief Election Officer to enter into a memorandum of understanding with the Minister;
(f) deal with any other matter that is necessary or desirable to allow the representative body to perform its functions.
Amendment
(2) A regulation made under subsection (1) may be amended from time to time.
Duty of Chief Election Officer
17.9 When a regulation has been made under section 17.8, the Chief Election Officer shall prepare the list of members, and of alternates, if any, and the necessary personal information in accordance with the following rules:
1. The Chief Election Officer shall draw from the permanent register of electors a number of names that is large enough, in his or her opinion, to compose a pool of sufficient size for the purposes of paragraph 4.
2. The sampling methodology used under paragraph 1 shall be consistent with the prescribed eligibility criteria. In all other respects, the Chief Election Officer has discretion to establish the sampling methodology.
3. The Chief Election Officer shall contact each person whose name is in the pool, at the address shown in the permanent register of electors, to ask whether the person,
i. wishes to participate in the work of the representative body, and
ii. consents to the collection of the personal information that is necessary to,
A. determine eligibility in accordance with the prescribed eligibility criteria, and
B. allow the Minister to contact the person for the purpose of clause 17.8 (1) (a).
4. Once the persons whose names are in the pool and who have responded in the affirmative to both questions under paragraph 3 have all been identified, the Chief Election Officer shall select from among them the members, and the alternates, if any, who will compose the representative body, in accordance with the prescribed eligibility criteria.
5. The selection methodology used under paragraph 4 shall be consistent with the prescribed eligibility criteria. In all other respects, the Chief Election Officer has discretion to establish the methodology.
6. The Chief Election Officer shall prepare a list of the persons selected under paragraph 4, together with the personal information described in subparagraph 3 ii, and shall provide the list and personal information to the Minister.
Duty of Minister
17.10 The Minister shall, for the purpose of complying with the regulations made under section 17.8, collect, use and disclose the list and personal information mentioned in paragraph 6 of section 17.9.
Conflict
17.11 In the event of conflict between sections 17.1 to 17.6 on the one hand and sections 17.7 to 17.10 on the other, sections 17.7 to 17.10 prevail, but only to the extent of any inconsistency.
Repeal
17.12 Sections 17.7 to 17.11 are repealed on October 4, 2007.
Report by Chief Election Officer
17.13 After the repeal of sections 17.7 to 17.11, the Chief Election Officer shall prepare a report on the operation of section 17.9 and shall submit it to the Speaker of the Assembly, who shall cause the report to be laid before the Assembly.
(7) The Act is amended by striking out "Ontario Court (Provincial Division)" wherever it appears in the following provisions and substituting in each case "Ontario Court of Justice":
1. Definition of "judge" in section 70.
2. Subsection 71 (2).
3. Section 79.
(8) The Act is amended by striking out "Ontario Court (General Division)" wherever it appears in the following provisions and substituting in each case "Superior Court of Justice":
1. Subsection 78 (2).
2. Subsections 80 (2), (3), (5), (6), (7), (8) and (9).
3. Subsections 86 (2) and (5).
4. Section 87.
5. Subsection 99 (1) and clause 99 (5) (b).
6. Subsection 100 (1).
7. Subsection 101 (1).
8. Subsection 104 (3).
9. Section 105.
10. Subsections 106 (1) and (2).
11. Section 109.
12. Subsection 110 (1).
(9) The French version of subsection 80 (4) of the Act is amended by striking out "de la Cour de l'Ontario (Division générale)".
Election Finances Act
2. (1) Subsection 2 (1) of the Election Finances Act is amended by adding the following clause:
(j.2) publish, on a website on the Internet, the reports filed under section 34.1 or the information contained in those reports;
(2) Subsection 2 (2) of the Act is amended by striking out "under subclause (1) (l) (ii)" and substituting "under clause (1) (j.2) or subclause (1) (l) (ii)".
(3) Subsection 2 (3) of the Act is amended by striking out "under subclause (1) (l)" and substituting "under clause (1) (j.2) or (l)".
(4) The Act is amended by adding the following section:
Disclosure of contributions
Application, amounts over $100
34.1 (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.
Disclosure
(2) A contribution shall be disclosed in accordance with subsection (3) if it is accepted,
(a) on behalf of a registered political party,
(i) in any year, excluding any campaign period all or part of which falls in that year, or
(ii) in any campaign period; or
(b) on behalf of a registered leadership contestant, in the leadership contest period.
Report to Chief Election Officer
(3) Within five days after the contribution is deposited in accordance with subsection 16 (3), the chief financial officer of the political party or leadership contestant shall file with the Chief Election Officer a report about the contribution.
Publication on website
(4) Within five days after the report is filed, the Chief Election Officer shall ensure that the report or the information it contains is published on a website on the Internet in accordance with clause 2 (1) (j.2).
Counting days
(5) For the purposes of subsections (3) and (4), Saturdays, Sundays and days that are public holidays as defined in the Employment Standards Act, 2000 shall not be counted.
Separate treatment
(6) Contributions to which subclause (2) (a) (i) applies shall be dealt with separately from those to which subclause (2) (a) (ii) applies.
Contributions deposited on and after January 1, 2004 included
(7) This section applies to contributions that are deposited in accordance with subsection 16 (3) on or after January 1, 2004.
Transition
(8) In the case of a contribution that is deposited in accordance with subsection 16 (3) before the effective date,
(a) subsections (3) and (4) do not apply;
(b) within 60 days after the effective date, the chief financial officer of the political party or leadership contestant shall file a report about the contribution with the Chief Election Officer, unless the contribution has already been included in a financial statement filed under section 41 or 42; and
(c) within 30 days after the report is filed under clause (b), the Chief Election Officer shall ensure that the report or the information it contains is published on a website on the Internet in accordance with clause 2 (1) (j.2).
Definition
(9) In this section,
"effective date" means the day on which subsection 2 (4) of the Election Statute Law Amendment Act, 2005 comes into force.
(5) Subsections 38 (3.3), (3.4), (3.5) and (3.6) of the Act are repealed and the following substituted:
Increase for candidates in certain northern electoral districts
(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. Algoma-Manitoulin.
2. Kenora-Rainy River.
3. Nickel Belt.
4. Thunder Bay-Atikokan.
5. Thunder Bay-Nipigon.
6. Timiskaming-Cochrane.
7. Timmins-James Bay.
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.
(6) Clause 43 (2) (a) of the Act is amended by striking out "38 (2)" and substituting "38 (3)".
(7) Section 44.1 of the Act is repealed and the following substituted:
New constituency associations due to readjustment
Definitions
44.1 (1) In this section and in section 44.2,
"effective date" means the date on which the Representation Act, 2005 comes into force; ("date de prise d'effet")
"new", when used in connection with electoral districts or constituency associations, refers to the electoral districts described in subsection 2 (1) of the Representation Act, 2005 and to their constituency associations; ("nouvelles")
"old", when used in connection with electoral districts or constituency associations, refers to the electoral districts described in subsection 2 (4) of the Representation Act, 2005 and to their constituency associations. ("anciennes")
Registration of new constituency associations
(2) After the effective date, the Chief Election Officer shall register new constituency associations in the register mentioned in subsection 11 (2).
Formal requirements of application
(3) The Chief Election Officer shall register a new constituency association only if its application complies with subsection 11 (2) and is accompanied by a document, in a form prescribed by the Chief Election Officer, indicating the approval of the registered political party concerned.
Automatic dissolution of old associations
(4) Except for the purposes of this section, every old constituency association is dissolved on,
(a) December 31, 2006; or
(b) the day the Legislature is dissolved, if it is dissolved on a day that falls before December 31, 2006.
Earlier dissolution at party's request
(5) The Chief Election Officer shall, if the registered political party concerned so requests in writing, make an order dissolving an old constituency association as of a specified date before December 31, 2006.
Assets and liabilities
(6) Every old constituency association shall transfer its assets and liabilities to one or more new registered constituency associations, to the registered political party concerned or to both, subject to any written direction by the registered political party concerned,
(a) in the case of dissolution under clause (4) (a) or under subsection (5), before it is dissolved;
(b) in the case of dissolution under clause (4) (b), within 10 days after being dissolved.
Filing of direction
(7) A direction referred to in subsection (6) shall be filed with the Chief Election Officer.
Authority to act on party's behalf
(8) Each registered political party shall provide the Chief Election Officer with a document identifying the person or persons who have authority to perform the functions referred to in subsections (3), (5) and (6).
Report
(9) Within 90 days after being dissolved, every old constituency association shall file with the Chief Election Officer a statement setting out the assets and liabilities it still held, if any,
(a) on the day it was dissolved, in the case of dissolution under clause (4) (a) or under subsection (5);
(b) on the 11th day after being dissolved, in the case of dissolution under clause (4) (b).
Deemed transfer to party
(10) Any assets and liabilities that an old constituency association still held on the day referred to in clause (9) (a) or (b), as the case may be, are deemed to have been transferred to the registered political party on that day; the party may then transfer them to its new constituency associations as it sees fit.
Combining filings
(11) The Chief Election Officer may allow an old constituency association to combine any reports and statements required to be filed under this Act with the previous calendar year's reports and statements.
Postponing filings
(12) The Chief Election Officer may allow a new constituency association to postpone the filing of any reports and statements required under this Act until the end of the following calendar year.
(8) Section 44.2 of the Act is repealed and the following substituted:
By-election during transition period
44.2 (1) If a writ is issued for an election in an old electoral district after a registered constituency association has been dissolved under section 44.1, but before the first dissolution of the Legislature that occurs after the effective date, the registered political party concerned may,
(a) establish a provisional constituency association for the old electoral district;
(b) designate a new constituency association to act in the place of the old constituency association; or
(c) conduct the electoral campaign directly without interposing a provisional or designated constituency association.
Application of Act
(2) With respect to the campaign period, this Act applies to the provisional constituency association, designated constituency association or registered political party, as the case may be, as if it were a registered constituency association for the electoral district.
Same, campaign expenses
(3) Without limiting the generality of subsection (2), a registered political party that conducts an electoral campaign directly is entitled to incur campaign expenses under subsection 38 (2), to the same extent as a constituency association, in addition to its expenses under subsection 38 (1).
(9) The Act is amended by adding the following section:
Failure to deposit contribution, file report
46.1 If the chief financial officer of a party or leadership contestant registered under this Act knowingly contravenes subsection 34.1 (3),
(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 or leadership contestant is also guilty of an offence and on conviction is liable to a fine of not more than double the amount of the contribution with respect to which no report was filed.
Legislative Assembly Act
3. (1) Section 1 of the Legislative Assembly Act is repealed and the following substituted:
Composition of Assembly
1. The Assembly is composed of the number of members that is determined under the Representation Act, 2005.
(2) Section 3 of the Act is repealed.
(3) Subsection 9 (2) of the Act is amended by striking out "section 82" and substituting "section 83".
(4) The Act is amended by striking out "Ontario Court (General Division)" wherever it appears in the following provisions and substituting in each case "Superior Court of Justice":
1. Subsection 17 (3).
2. Section 22.
3. Section 45.
4. Section 58.
5. Paragraph 6 of subsection 99 (11).
(5) The Act is amended by striking out "Treasurer of Ontario" wherever it appears in the following provisions and substituting in each case "Minister of Finance":
1. Section 54.
2. Section 81.
3. Subsections 82 (1) and (2).
4. Subsection 84 (2).
Representation Act, 2005
Representation Act, 2005
4. (1) The Representation Act, 2005, as set out in Schedule 1, is hereby enacted.
Repeal
(2) The Representation Act, 1996 is repealed.
Commencement and Short Title
Commencement
5. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Subsections 2 (1), (2), (3), (4) and (9) come into force on the later of the day this Act receives Royal Assent and April 1, 2005.
Short title
6. The short title of this Act is the Election Statute Law Amendment Act, 2005.
SCHEDULE 1
REPRESENTATION ACT, 2005
Definition
1. In this Act,
"federal electoral districts" means the federal electoral districts that were established under the Electoral Boundaries Readjustment Act (Canada) and were in effect on September 1, 2004.
Redistribution
2. (1) For the purpose of representation in the Legislative Assembly, Ontario is divided into the following electoral districts:
1. The 11 northern electoral districts listed in section 4, with the same boundaries as were in effect on October 2, 2003, subject to subsection (2).
2. In the part of Ontario that lies outside the 11 northern electoral districts, 96 southern electoral districts whose names and boundaries are identical to those of the corresponding federal electoral districts.
Boundary adjustment
(2) In accordance with the process by which the federal electoral districts were established, the Municipality of Algonquin Highlands forms part of the southern electoral district of Haliburton-Kawartha Lakes-Brock rather than part of the northern electoral district of Parry Sound-Muskoka.
Effective date
(3) The redistribution described in subsection (1) takes effect immediately after the first dissolution of the Legislature that follows the day on which the Election Statute Law Amendment Act, 2005 receives Royal Assent.
Existing electoral districts maintained until effective date
(4) Until the redistribution described in subsection (1) takes effect, Ontario is divided into 103 electoral districts with the names and boundaries that were in effect on October 2, 2003.
One member per district
3. One member shall be returned to the Assembly for each electoral district.
11 northern electoral districts
4. The 11 northern electoral districts referred to in paragraph 1 of subsection 2 (1) are:
1. Algoma-Manitoulin.
2. Kenora-Rainy River.
3. Nickel Belt.
4. Nipissing.
5. Parry Sound-Muskoka.
6. Sault Ste. Marie.
7. Sudbury.
8. Thunder Bay-Atikokan.
9. Thunder Bay-Superior North.
10. Timiskaming-Cochrane.
11. Timmins-James Bay.
Commencement
5. This Schedule comes into force on the day the Election Statute Law Amendment Act, 2005 receives Royal Assent.
Short title
6. The short title of the Act set out in this Schedule is the Representation Act, 2005.
EXPLANATORY NOTE
The Bill makes amendments to the Election Act, the Election Finances Act and the Legislative Assembly Act, and replaces the Representation Act, 1996 with the Representation Act, 2005.
The substantive changes made by the Bill fall into four categories: amendments relating to fixed dates for provincial general elections; amendments relating to the Representation Act, 2005; amendments to authorize the selection of representative bodies of electors; and amendments relating to the disclosure of contributions.
Fixed dates for provincial general elections
The Election Act is amended to provide for fixed dates for provincial general elections and terms of approximately four years, subject to the Lieutenant Governor's existing power to dissolve the Legislature whenever he or she sees fit.
New section 9 of the Election Act provides for regular general elections. The next general election will be held on Thursday, October 4, 2007 (unless a general election has been held sooner because the Lieutenant Governor has dissolved the Legislature). Thereafter, regular general elections will always be held on the first Thursday in October in the fourth calendar year following the most recent general election.
New section 9.1 of the Act deals with the timing of the various steps in all provincial elections (by-elections, regular general elections under section 9 and early general elections following early dissolution). An election writ will always be dated on a Wednesday, the day for close of nominations will always be the third Thursday after the date of the writ, and polling day will normally be the fifth Thursday after the date of the writ. (In certain circumstances, polling day may be moved to one of the seven days following that fifth Thursday.) The usual length of the election campaign will thus be 28 clear days.
Section 3 of the Legislative Assembly Act, which sets out the current rule that the Legislature shall continue for five years unless sooner dissolved by the Lieutenant Governor, is repealed.
Representation Act, 2005
The existing Representation Act, 1996 divides Ontario into electoral districts whose number, names and boundaries are identical to those of its federal electoral districts, and requires redistribution whenever a readjustment takes place at the federal level under the Electoral Boundaries Readjustment Act (Canada). The proposed Representation Act, 2005, set out in Schedule 1 to the Bill, takes a different approach. Beginning with the next provincial general election, Ontario is divided into 107 electoral districts: 11 northern electoral districts that are identical (except for a minor boundary adjustment) to the ones that existed on October 2, 2003, and 96 southern electoral districts that are identical to their federal counterparts, as they existed on September 1, 2004. This electoral map would remain in place until it is replaced by new legislation.
Consequential amendments are made to the Election Act, the Election Finances Act and the Legislative Assembly Act.
Selection of representative bodies of electors
The Bill also makes amendments to the Election Act to authorize the selection of representative bodies of electors to consider specified matters relating to democratic renewal. Under proposed section 17.8, the Lieutenant Governor in Council would make a regulation providing for the setting up of a particular representative body and specifying its terms of reference. Proposed section 17.9 details how the Chief Election Officer is to draw names from the permanent register of electors, contact those persons to determine whether they are willing to participate, set up a list and provide it to the Minister Responsible for Democratic Renewal.
The amendments relating to the selection of representative bodies have a limited life and are automatically repealed on October 4, 2007.
Disclosure of contributions
The Election Finances Act is amended to require disclosure of certain political contributions. When a contribution exceeding $100 is made to a registered political party or to a registered leadership contestant, the chief financial officer must file a report with the Chief Election Officer within five business days after the contribution is deposited. The Chief Election Officer in turn publishes the information on a website. Failure to file the report is an offence that may result in a fine of up to double the amount of the unreported contribution.
The Bill also makes technical amendments to the Election Act for consistency with the terminology of the Municipal Act, 2001, and amends the Election Act, the Election Finances Act and the Legislative Assembly Act to update terminology and correct errors.