Bill 39, Recall Act, 2004

Versions

Bill 39 2004

An Act to amend
the Election Act
respecting the recall of
Members of the Assembly

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

1. The Election Act is amended by adding the following sections:

Application for Approval of
Petition to Recall a Member

Definition

111.1 (1) In this section and in section 111.2,

"petitioner" means a person who applies to the Integrity Commissioner to approve the issuing of a recall petition.

Qualified elector may apply for recall petition

(2) A petitioner may apply to the Integrity Commissioner to approve the issuing of a petition to recall a member of the Assembly for conduct unbecoming a member if, on the day the application is made, the petitioner would be qualified under section 15 to vote in an election in the electoral district represented by the member.

When no application may be made

(3) No application may be made in respect of a member within the first 12 months after the date on which the member was last elected to the Assembly.

Form of application

(4) The application for the issuing of a recall petition shall contain,

(a) the name and residential address of the petitioner;

(b) the name and electoral district of the member; and

Same

(5) When making an application for the issuing of a recall petition, the petitioner shall,

(a) serve the member named with a copy of the application; and

(b) include with the application proof of service given under clause (a).

Integrity Commissioner to conduct hearing

(6) Subject to subsections (7) and (8), within 60 days of receiving an application under this section, the Commissioner shall conduct a hearing to determine whether, on a balance of probabilities, the member has engaged in conduct unbecoming a member.

When no hearing to be conducted

(7) If the Commissioner is of the opinion that the application is frivolous, vexatious or not made in good faith, or that there are insufficient grounds for a hearing, the Commissioner shall not conduct a hearing and shall provide written reasons for not doing so.

Same

(8) The Integrity Commissioner shall not conduct a hearing if, in the period of time since the last preceding general election, he or she has,

(a) conducted a hearing under this section in respect of the member; or

(b) approved the issuing of a recall petition in the electoral district to which the application relates.

Commissioner to give determination in writing

(9) The Commissioner shall release written reasons as to whether, on a balance of probabilities, the member has engaged in conduct unbecoming a member, and the Commissioner shall make every reasonable effort to provide those reasons within 60 days after the end of the hearing.

When recall petition approved

(10) If the Commissioner determines that the member has engaged in conduct unbecoming a member, the Commissioner shall approve the issuing of a recall petition and shall state so in his or her written reasons.

Commissioner to notify Chief Election Officer

(11) When releasing written reasons in which the Commissioner approves the issuing of a recall petition, the Commissioner shall notify the Chief Election Officer by providing him or her with a copy of those reasons.

Determination not reviewable

(12) No decision or determination made by the Commissioner under this section is reviewable by any court or tribunal.

Recall Petition

Form of recall petition

111.2 (1) A recall petition shall be in a form prescribed by the Chief Election Officer and shall include the following:

1. A cover sheet that explains who is qualified to sign the recall petition.

2. A means by which a signer declares that he or she is qualified to sign the recall petition.

3. Sufficient space for the signatures of no less than the total number of qualified electors the permanent register indicates reside in the electoral district.

4. A means by which a registered canvasser declares on every page of signatures that the signatures on that page were signed in his or her presence and the date on which those signatures were canvassed.

When recall petition to be issued

(2) The Chief Election Officer shall issue a recall petition to the petitioner within 14 days of the date on which he or she is notified by the Commissioner under subsection 111.1 (11) that the issuing of the recall petition has been approved.

Application to be a canvasser

(3) A person may apply to the Chief Election Officer for registration as a canvasser of signatures at any time after the Commissioner approves the issuing of a recall petition.

Registration of canvassers

(4) The Chief Election Officer shall register as a canvasser and issue identification to every applicant under subsection (3) who, on the day the Chief Election Officer is notified that the issuing of the recall petition has been approved, would be qualified under section 15 to vote in an election in the electoral district represented by the member to whom the petition relates.

No unregistered canvassers

(5) No person other than a registered canvasser may canvass for signatures on a recall petition.

Duties of registered canvassers

(6) The following duties apply to a registered canvasser:

1. The canvasser shall not solicit or accept any valuable consideration for canvassing for signatures on a recall petition.

2. The canvasser shall carry the identification issued by the Chief Election Officer and produce it to any person who requests to see it.

3. The canvasser shall not knowingly make any false or misleading statements about the petition or about the member who is the subject of the petition.

4. The canvasser shall not use information obtained while canvassing for signatures for a purpose other than one contemplated by this Act.

Petition may be divided

(7) The petitioner may divide and group the sheets of a recall petition to facilitate the collection of signatures if a copy of the cover sheet accompanies every such group during canvassing for signatures.

Signers of a petition

(8) A person is qualified to sign a recall petition if, on the day the Chief Election Officer is notified that the issuing of the recall petition has been approved, the person would be qualified under section 15 to vote in an election in the electoral district represented by the member to whom the petition relates.

Same

(9) No person shall sign a recall petition without first reading the cover sheet and verifying that he or she is qualified to sign.

Same

(10) No person shall sign a recall petition more than once.

Successful petition requirements

(11) A recall petition shall result in a recall referendum when it meets the following requirements:

1. The completed recall petition is submitted to the Chief Election Officer within 12 months of the date on which it was issued.

2. The number of qualified signatures on the petition is equal to or greater than 25 per cent of the total number of votes cast in the last preceding election in the electoral district to which the petition relates.

Verification of petition

(12) The Chief Election Officer shall determine whether a recall petition meets the requirements set out in subsection (11) within seven days of receiving the submitted petition.

Publication of determination

(13) The Chief Election Officer shall promptly publish a determination made under subsection (12) in The Ontario Gazette.

Recall Referendum

When a recall referendum is triggered

111.3 (1) If the Chief Election Officer determines that a recall petition meets the requirements set out in subsection 111.2 (11), a writ for a recall referendum shall issue for the appropriate electoral district on the day the determination is published in The Ontario Gazette under subsection 111.2 (13).

Application of this Act

(2) Unless the context requires otherwise, the provisions of this Act that pertain to an election apply with necessary modifications to a recall referendum.

Same

(3) In the case of a recall referendum, the Chief Election Officer may direct the use of voting equipment, vote-counting equipment or alternative voting methods that are different from what this Act requires.

Date of recall referendum

(4) The recall referendum shall be,

(a) on a date fixed by the Chief Election Officer;

(b) at least 28 days and not more than 56 days after the day on which the writ is issued; and

Recall referendum question

(5) The Chief Election Officer shall set a referendum question respecting the recall of the member that is clear, concise and capable of being answered in the affirmative or the negative.

Effect of the recall referendum

(6) If more than 50 per cent of the votes cast in the referendum are in favour of the recall, the member ceases to hold office and his or her seat becomes vacant.

Recall of a Member who is the Premier and President of the Executive Council

Recall of a member who is the Premier

111.4 (1) In addition to the recall processes described in sections 111.1 to 111.3, a member who is the Premier and President of the Executive Council is subject to a recall process by the qualified voters of all electoral districts in the province and sections 111.1 to 111.3 apply, with necessary modifications, to any such recall.

Same

(2) Without limiting the generality of the foregoing, the following are necessary modifications for the purposes of subsection (1):

1. For the purposes of subsection 111.1 (2), a reference to the electoral district represented by the member shall be construed as a reference to any electoral district in the province.

2. For the purposes of clause 111.1 (8) (b), a reference to the issuing of a recall petition in the electoral district to which the application relates shall be construed as a reference to the issuing of a province-wide recall petition to recall the member who is the Premier and President of the Executive Council.

3. For the purposes of paragraph 3 of subsection 111.2 (1), a reference to the total number of qualified electors in the electoral district shall be construed as a reference to the total number of qualified electors in the province, according to the permanent register.

4. For the purposes of subsections 111.2 (4) and (8), a reference to the electoral district represented by the member to whom the petition relates shall be construed as a reference to any electoral district in the province.

5. For the purposes of paragraph 2 of subsection 111.2 (11), a reference to the last preceding election in the electoral district to which the petition relates shall be construed as a reference to the last preceding general election.

6. For the purposes of subsection 111.3 (1), a reference to the appropriate electoral district shall be construed as a reference to all electoral districts in the province.

Recall Processes During a
General Election

Effect of election call on recall processes

111.5 The dissolution of the Assembly has the following effects in relation to the recall processes described in sections 111.1 to 111.4:

1. An application to the Integrity Commissioner to approve the issuing of a recall petition is cancelled.

2. A hearing to determine whether a member has engaged in conduct unbecoming a member is terminated.

3. If a hearing has been completed but the Commissioner has not yet released reasons, he or she shall not release the reasons.

4. A recall petition that has been issued by the Chief Election Officer is cancelled.

5. A recall referendum is cancelled.

Regulations Respecting
Recall Referenda

Regulations

111.6 The Lieutenant Governor in Council may make regulations,

(a) requiring a person or entity who wishes to organize a campaign to solicit votes in favour of a particular result or to promote a particular result during a recall referendum to apply for registration as a campaign organizer with the Chief Election Officer;

(b) prescribing the qualifications required for registration as a campaign organizer;

(c) respecting and governing campaigns to solicit votes in favour of a particular result or to promote a particular result during a recall referendum, including, but not limited to,

(i) campaign expenses,

(ii) campaign contributions,

(iii) campaign advertising, and

(iv) records to be kept by a campaign organizer;

(d) prescribing fees and expenses incurred in relation to a recall referendum that are to be allowed to a member when less than 50 per cent of the votes cast in the referendum are in favour of the recall.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

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

EXPLANATORY NOTE

The Bill amends the Election Act to establish processes by which members of the Assembly may be recalled.

Under the Bill, a qualified voter in a member's electoral district may apply to the Integrity Commissioner to approve the issuing of a recall petition with respect to the member on the ground of conduct unbecoming a member.

The Commissioner must hold a hearing within 60 days unless he or she is of the opinion that the application is frivolous or that there are insufficient grounds for a hearing. No hearing is held if the member has been subject to a hearing since the last general election or if a petition has issued in the member's electoral district since the last general election.

If the Commissioner determines that the member has, on a balance of probabilities, engaged in conduct unbecoming a member, the Commissioner will approve the issuing of a recall petition and the Chief Election Officer will issue one in the member's electoral district. Persons who are qualified voters in the district may register as canvassers to collect signatures.

A signed recall petition must be returned to the Chief Election Officer within 12 months. If the petition is signed by a number of qualified voters in the electoral district that equals or exceeds 25 per cent of the total votes cast in the last preceding election in that district, the petition is successful and results in a recall referendum. The Chief Election Officer organizes the recall referendum. If more than 50 per cent of the votes cast in the referendum are in favour of the recall, the member ceases to hold office.

In addition to being subject to the usual recall processes, a member who is the Premier and President of the Executive Council is subject to a province-wide recall process that is similar to the electoral district recall but in which all the qualified voters in the province may participate.

The Bill establishes rules that apply to recall processes upon the dissolution of the Assembly and it authorizes the Lieutenant Governor in Council to make regulations with respect to recall referenda.