Bill 72, Senatorial Selection Act, 2004

Versions

Bill 72 2004

An Act to provide
for the election in Ontario
of nominees for appointment
to the Senate of Canada

Preamble

In the 1987 Constitutional (Meech Lake) Accord, the First Ministers of Canada agreed, as an interim measure until Senate reform is achieved, that any person summoned to fill a vacancy in the Senate is to be chosen from among persons whose names have been submitted by the government of the province to which the vacancy relates, and that persons whose names are submitted to the Queen's Privy Council for Canada for appointment to the Senate should be determined by the people of Ontario by democratic election.

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

Interpretation

1. (1) In this Act,

"candidate" means a person,

(a) who is nominated as a candidate,

(b) who is nominated by a registered political party for endorsement as the official candidate of that party, or

(c) who, on or after the date of issue of a writ for an election, declares himself or herself to be an independent candidate at the election; ("candidat")

"council" means a council of a local municipality or of an upper-tier municipality, or a local board; ("conseil")

"Senate nominee" means a person declared elected under this Act. ("candidat au Sénat")

Same

(2) For the purposes of this Act, a document that is required to be filed with the Chief Election Officer is filed when it is actually received by the Chief Election Officer.

Same

(3) Except as provided in this Act, words and phrases used in this Act have the meanings given to them in the Election Act.

PART I
GENERAL

Definitions

2. In this Part,

"polling day" includes voting day as defined in the Municipal Elections Act, 1996; ("jour du scrutin")

"returning officer" includes a clerk as defined in the Municipal Elections Act, 1996. ("directeur du scrutin")

Submission to Privy Council

3. (1) The Government of Ontario shall submit the names of the Senate nominees to the Queen's Privy Council for Canada as persons who may be summoned to the Senate of Canada for the purpose of filling vacancies relating to Ontario.

End of status of Senate nominee

(2) A person remains as a Senate nominee until the first to occur of,

(a) the day the person is appointed to the Senate of Canada;

(b) the day the person resigns as a Senate nominee by submitting a resignation in writing to the Minister responsible for this Act;

(d) the day the person takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign power, or does an act whereby the person becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power;

(e) the day the person is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter;

(f) the day the person is convicted of treason or convicted of a felony or of any infamous crime; or

(g) the day the person ceases to be eligible to be nominated as a candidate under section 8.

Application of Election Act

4. The Lieutenant Governor in Council may make regulations prescribing those provisions of the Election Act that apply or do not apply for the purposes of this Part and indicating, if necessary, to what extent they apply or do not apply.

Authorization to commence election

5. (1) An election under this Act may be commenced at any time by the passing of an order of the Lieutenant Governor in Council,

(a) setting out whether the election under this Act is to be held,

(i) in conjunction with a general election under the Election Act,

(ii) separately on a date provided for in the order, or

(iii) in conjunction with a regular election under the Municipal Elections Act, 1996;

(b) authorizing the Lieutenant Governor to issue a writ of election in the prescribed form addressed to the Chief Election Officer and prescribing the date of the writ;

(d) appointing nomination day;

(e) appointing the day on which voting is to take place if voting is necessary.

Election in conjunction with provincial election

(2) Where an election under this Act is to be held in conjunction with a general election under the Election Act,

(a) the order under subsection (1) shall be made not later than three days after the issue of the writ of election under the Election Act;

(b) nomination day shall be the same day as nomination day for the general election under the Election Act; and

(c) polling day, if voting is necessary, shall be the same day as the day on which voting is to take place for the general election under the Election Act.

Election to be held separately

(3) Where an election under this Act is to be held separately on a date provided for in the order under subsection (1), the order,

(a) shall appoint the 14th day after the date of the writ issued under clause (1) (b) as nomination day; and

(b) shall provide that, if voting is necessary, the 14th day after nomination day or, if the 14th day is a holiday, then the next following day not being a holiday, shall be the day on which voting is to take place.

Election to be held in conjunction with municipal election

(4) Where an election under this Act is to be held in conjunction with a regular election under the Municipal Elections Act, 1996, the order under subsection (1),

(a) shall be made not later than 14 days before nomination day;

(b) shall appoint nomination day as the day determined in accordance with section 31 of the Municipal Elections Act, 1996; and

(c) shall appoint polling day as the day set out in section 5 of the Municipal Elections Act, 1996, if voting is necessary.

Issue of writ

6. On receipt of a writ under section 5, the Chief Election Officer shall endorse on it the date on which the Chief Election Officer received it and shall,

(a) advise each returning officer that a writ has been issued; and

(b) transmit a copy of the writ to each returning officer.

Eligibility as election officials

7. A member of the Senate of Canada may not be appointed as an election official for the purpose of conducting an election under this Act.

Eligibility for nomination

8. A person is eligible to be nominated as a candidate in an election under this Act if,

(a) on the day the nomination paper is filed, the person,

(i) meets the qualifications set out in section 23 of the Constitution Act, 1867,

(ii) is not a member of the House of Commons or Senate of Canada, and

(iii) is not a member of the Legislative Assembly;

(b) in the case of an election under this Act that is being held in conjunction with a general election under the Election Act, the person is not a candidate at the general election under that Act;

(c) in the case of an election under this Act that is being held in conjunction with the regular election under the Municipal Elections Act, 1996, the person is not a candidate at the regular election under that Act;

(d) the person is not prohibited from being a candidate for an election under the Election Act;

(e) the person is not prohibited from being a candidate for an election under this Act under any provisions of the Election Act, as those provisions apply to this Act; and

(f) the person is and has been ordinarily resident in Ontario for at least six months immediately preceding polling day.

Nomination of candidates

9. (1) At any time following publication of the proclamation referred to in section 34 or 45 and prior to 2 p.m. of the date fixed for the closing of nominations, 500 or more electors may nominate a person eligible to be a candidate as a candidate by signing a nomination paper in the prescribed form and filing it with the Chief Election Officer.

Witness

(2) The signatures of the electors nominating a candidate shall be witnessed by another elector who shall complete the required affidavit prior to the filing of the nomination papers.

Failure to file nomination papers in time

(3) A person who is a candidate by virtue of clause (b) or (c) of the definition of "candidate" in subsection 1 (1) and who does not file the person's nomination papers prior to the time set for the closing of nominations ceases to be a candidate on the closing of nominations.

Official agents of candidates

10. (1) Each person being nominated as a candidate shall appoint an elector to be the person's official agent on the person's nomination and shall include the name, address and telephone number of the person so appointed in the appropriate place on the nomination form.

Duties of agent

(2) The duties of an official agent are those prescribed by the candidate.

Restriction

(3) The official agent shall not perform the duties of the chief financial officer unless the official agent is the candidate's chief financial officer.

New official agent

(4) If it becomes necessary to appoint a new official agent, the candidate shall immediately notify the Chief Election Officer in writing of the name, address and telephone number of the person so appointed.

Filing nomination papers

11. (1) A nomination paper is not valid unless,

(a) it states an address within Ontario at which documents may be served and notices given respecting the candidate;

(b) it contains the appointment, name, address and telephone number of the official agent of the person being nominated;

(i) is eligible under section 8 for nomination, and

(ii) consents to the person's nomination;

(d) it states whether the person being nominated is an independent candidate or is the officially endorsed candidate of a registered political party;

(e) it is accompanied with an affidavit in the prescribed form of each elector who witnessed the signatures of the electors nominating the candidate;

(f) the candidate is a registered candidate under the Election Finances Act for the purposes of an election under this Act;

(g) it is accompanied with a deposit of $4,000;

(h) it is signed by the candidate; and

(i) it is filed with the Chief Election Officer prior to 2 p.m. of the date fixed for the closing of nominations.

Certificate, candidate of registered party

(2) If the person being nominated is the candidate of a registered political party, the person shall, at the time of filing the person's nomination paper, file a certificate in the prescribed form stating that the person is a candidate for that registered political party.

Receipt

(3) On the filing of a valid nomination paper, the Chief Election Officer shall give a receipt in the prescribed form, which is proof of receipt of the deposit and of the filing of the nomination paper.

Deposit of candidate

12. (1) The Chief Election Officer shall not accept a deposit tendered under clause 11 (1) (g) unless it consists of,

(a) Bank of Canada notes;

(b) a certified cheque or certified bill of exchange;

(d) a combination of any of those forms.

Refund

(2) The deposit shall be refunded to the candidate if the candidate,

(a) is elected;

(b) obtains a number of votes equal to at least one-half of the total number of votes obtained by the candidate elected with the least number of votes; or

Death of candidate

(3) If a candidate dies after being nominated and prior to the closing of the polling places on polling day, the deposit shall be refunded to the candidate's personal representative.

Deposit not refunded

(4) A deposit that is not refunded under this section shall be deposited in the Consolidated Revenue Fund.

Information to be provided to candidate

13. The Chief Election Officer, on filing the nomination paper of a candidate, shall provide to the candidate the name, address and telephone number of each returning officer.

Election by acclamation

14. If the number of candidates nominated by the closing of nominations equals or is less than the number of persons to be elected, the Chief Election Officer shall,

(a) immediately declare the candidate or candidates elected; and

(b) make the Chief Election Officer's return in the prescribed form certifying the election of the candidate or candidates.

Necessity of election

15. An election under this Act is necessary if the number of candidates nominated by the closing of nominations exceeds the number of persons to be elected.

Withdrawal of candidate

16. (1) At any time after the filing of a candidate's nomination paper but not later than 96 hours before the opening of the polls on polling day, the candidate may withdraw by filing with the Chief Election Officer a declaration to that effect signed by the candidate and having the candidate's signature witnessed.

Same

(2) If, after a candidate withdraws, the number of candidates equals or is less than the number of persons to be elected, the Chief Election Officer shall proceed in accordance with section 14.

Same

(3) If a candidate withdraws after the ballots are printed and there remain more candidates than the number of persons to be elected,

(a) the Chief Election Officer shall advise each returning officer of the withdrawal; and

(b) if there is sufficient time, the returning officer shall prepare a notice of withdrawal and distribute a copy to each deputy returning officer, who shall post it in a conspicuous location in the deputy returning officer's polling place.

Insufficient time for notice of withdrawal

(4) When there is insufficient time to prepare and distribute a notice of withdrawal under subsection (3), the Chief Election Officer, when advising the returning officers of the withdrawal, shall instruct each of them to cause a notice of the withdrawal to be prepared by hand, and each deputy returning officer shall post the notice in a conspicuous location in the deputy returning officer's polling place.

Death of candidate

17. (1) If a candidate dies after being nominated and prior to the closing of the polling places on polling day, the election under this Act is cancelled.

Effect of cancellation on nominations previously filed

(2) Nominations of candidates previously filed remain valid for a period of six months following the date the election is cancelled.

Close of nominations

18. (1) At 2 p.m. on the date fixed for the closing of nominations, the Chief Election Officer shall, at the place fixed for the filing of nominations,

(a) declare the nominations closed;

(b) announce the names of all officially nominated candidates;

(d) announce the polling date and the place, date and time at which the official results of the election will be announced.

Duties of Chief Election Officer

(2) On complying with subsection (1), the Chief Election Officer shall, as soon as possible,

(a) make available a list of the candidates to each candidate or each candidate's official agent; and

(b) publish in the prescribed form the names and addresses of the candidates' official agents in one or more newspapers of general circulation,

(i) in each electoral district, in the case of an election held in accordance with Part II, and

(ii) in each local municipality, in the case of an election held in accordance with Part III.

Contents of ballots

19. (1) Every ballot used in an election shall contain a brief explanatory note stating the maximum number of candidates who can be voted for in order not to make the ballot void.

Candidates' names

(2) The name of each candidate shall be printed on each ballot together with,

(a) the name of the registered political party for which the candidate is the candidate; or

(b) the word "Independent" or "Indépendant" if the candidate is not a candidate for a registered political party.

Arrangement of names

(3) The names of the candidates shall be printed on the ballot in alphabetical order by surname, with each candidate's given name, initials or nickname, or any combination of them following their respective surnames, and without the addition of any titles, degrees, prefixes or suffixes.

Form of ballot

(4) The ballot shall be in the prescribed form unless the ballot is prescribed pursuant to a by-law made under section 42 of the Municipal Elections Act, 1996 that was approved pursuant to section 44 of this Act.

Printing of ballots

20. (1) The Chief Election Officer shall have the ballots for use in the election printed.

Printer's affidavit

(2) The printer shall deliver to the Chief Election Officer with the printed ballots a completed and executed affidavit of printer in the prescribed form.

Number of ballots

(3) The Chief Election Officer shall provide each returning officer with a sufficient quantity of ballots and shall maintain a record of the number provided.

Record of ballots

(4) Each returning officer shall maintain a record of the quantity of ballots provided to the deputy returning officers.

Non-application of section

(5) This section does not apply if a by-law has been made under section 42 of the Municipal Elections Act, 1996 and approved under section 44 of this Act.

Conduct of official tabulation

21. (1) Each returning officer shall, within four days after the vote has taken place, submit to the Chief Election Officer the statement of official results prepared by the returning officer.

Determination of winning candidates

(2) The Chief Election Officer shall add together the results of the counts set out in the statements of official results prepared by the returning officers in order to determine which candidate or candidates received the most votes.

Notice

(3) The Chief Election Officer shall give written notice to each candidate or each candidate's official agent of the place, date and hour of commencement of the addition referred to in subsection (2).

Procedure in case of tie vote

(4) If it appears on the addition of the votes that two or more candidates received the same number of votes, and if it is necessary for determining which candidate is elected, the Chief Election Officer shall,

(a) write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture;

(b) fold the sheets of paper in a uniform manner so that the names are concealed;

(d) declare the candidate whose name appears on the drawn sheet to have one more vote than the other candidate or candidates, as the case may be.

Same

(5) The drawn sheet shall be sealed in an envelope marked with the words "Declared Vote" and kept separate from the other ballots.

Certificate and return

(6) On completing the addition, the Chief Election Officer shall provide to each candidate or each candidate's official agent a certificate and return in the prescribed form indicating the number of votes for each candidate and the name of the candidate or candidates to be declared elected pursuant to section 22.

Tabulation of official results

(7) On complying with subsection (6), the Chief Election Officer shall prepare the tabulation of official results.

Announcement of official results

22. (1) The Chief Election Officer shall attend at the place, date and time stated in the election proclamation to announce the official results of the election under this Act and declare which candidate or candidates are elected.

One person to be elected

(2) Where only one person is to be elected, the candidate with the highest number of votes shall be declared elected.

More than one person to be elected

(3) Where more than one person is to be elected, the candidate with the highest number of votes shall be declared elected and the candidate with the next highest number of votes shall be declared elected and so on until the number of candidates to be elected at the election under this Act are declared elected.

Retention of statements and tabulation of official results

(4) The Chief Election Officer shall retain the statements of official results and the tabulation of official results for a period of 10 days after announcing the official results of the election under this Act to allow for possible appeals or applications for a recount of the votes.

Disclaimer

23. (1) A candidate who has been declared elected under this Act may, by filing a disclaimer in the prescribed form with the Chief Election Officer, request,

(a) that the candidate's name not be submitted to the Queen's Privy Council for Canada; or

(b) that, if the candidate's name has been submitted, the submission of the candidate's name be withdrawn.

Effect of disclaimer

(2) Subject to subsection (3), if a disclaimer is filed under subsection (1), the election of that candidate is void and a new election shall be held to elect another person.

No effect on application for appeal or recount

(3) The filing of a disclaimer under subsection (1) does not affect any application for an appeal or recount by another candidate or the right of that other candidate to be declared elected if that application or appeal is successful.

Appeal and recount

24. (1) Despite any provision of the Election Act, for the purposes of this Act,

(a) an appeal may be commenced within eight days after the date the Chief Election Officer announces the results of the official count and declares one or more candidates elected;

(b) an appeal from a decision of the Chief Election Officer may also be made in relation to the addition of the results contained in the tabulation of official results;

(c) the Chief Election Officer shall also be given notice of the time and place appointed for hearing and determining the appeal.

Same

(2) Despite any provision of the Election Act, for the purposes of this Act,

(a) where a recount of the votes is required, the Chief Election Officer shall attend at the place, date and time appointed for hearing and determining the appeal but the court shall determine which election officers, if any, are required also to attend;

(b) where the application is limited to a decision of a returning officer, only the returning officer and the Chief Election Officer are required to attend;

(c) the Chief Election Officer shall bring all the ballot boxes and documents required for the purposes of disposing of the matter.

Same

(3) Despite any provision of the Election Act, for the purposes of this Act, the judge shall also hear and determine appeals from the decision of the Chief Election Officer.

Verification and amendment

(4) The judge shall verify and, if necessary, amend the tabulation of official results.

Certification by judge

(5) Despite any provision of the Election Act, for the purposes of this Act,

(a) on conclusion of the appeal, the judge shall immediately certify the result to the Chief Election Officer, who shall declare elected the candidate or candidates who, taking into account all appeal results, received the highest number of votes;

(b) on conclusion of a recount, the judge shall immediately certify the result to the Chief Election Officer, who shall, on the third day after that certification, unless the Chief Election Officer is served with a notice of appeal within that period, declare elected the candidate or candidates who received the highest number of votes pursuant to the recount;

(c) if on a recount an equality of votes exists for two or more candidates, the vote drawn pursuant to subsection 21 (4) shall be counted.

Other rules

(6) Despite any provision of the Election Act, for the purposes of this Act,

(a) the Chief Election Officer shall also be served with a notice of appeal and shall be notified of the date of the hearing;

(b) clause (5) (c) applies;

(c) on determination of the appeal, the Registrar of the Court of Appeal shall immediately certify the result to the Chief Election Officer, who shall then declare elected the candidate or candidates who received the highest number of votes pursuant to the appeal; and

(d) if a decision of the Court of Appeal is successfully appealed to the Supreme Court of Canada, then on receipt by the Chief Election Officer of a certified copy of the judgment of that Court, the Chief Election Officer shall declare elected the candidate or candidates who received the highest number of votes pursuant to the appeal.

Publication of elected candidates

25. (1) Subject to subsection (2), eight days after the candidate or candidates are declared elected, the Chief Election Officer shall submit a notice of the name of the candidate or candidates declared elected under this Act for publication in the next issue of The Ontario Gazette.

Timing of publication after appeal

(2) If there is an appeal, the names of the persons declared elected shall be published after the expiration of the appeal period.

Application of Election Act, contested elections

26. For the purposes of this Act, the provisions of the Election Act with respect to contested elections apply with necessary modifications.

Candidate's contributions

27. For the purposes of this Act, a candidate may lawfully contribute to the candidate's election campaign an amount from the candidate's personal funds to any limit prescribed for a contributor under the Election Finances Act and if the candidate's personal expenses paid exceed the maximum limit allowed for a contributor, the excess amount shall be reimbursed to the candidate from the candidate's campaign account.

Archives

28. The Chief Election Officer shall provide a copy of the writ, the tabulation of official results and the statements of official results to the Archives of Ontario after each election under this Act.

Regulations

29. (1) The Lieutenant Governor in Council may make regulations,

(a) respecting the amounts of honoraria and fees that may be payable to election officers conducting a vote under Part II;

(b) respecting amounts that are payable to local municipalities conducting a vote under Part III;

Same

(2) The Lieutenant Governor in Council may make regulations respecting any matter not provided for in this Act, but any regulation made under this subsection ceases to have effect after the last day of the next session of the Legislature.

Same, Senate nominees

(3) The Lieutenant Governor in Council may make regulations,

(a) fixing the term of a Senate nominee;

(b) respecting the duties and functions of a Senate nominee;

(d) respecting the performance and accountability of a Senate nominee.

Validity of combined forms, Election Act

(4) Where an election under this Act is held in conjunction with a general election under the Election Act, a form, oath or notice prescribed under that Act may be combined with a form, oath or notice, as the case may be, prescribed under this Act, and the form, oath or notice is valid for both the general election under the Election Act and the election under this Act.

Validity of combined forms, Municipal Elections Act, 1996

(5) Where an election under this Act is held in conjunction with a regular election under the Municipal Elections Act, 1996, a form, oath, statement or notice prescribed under that Act may be combined with a form, oath, statement or notice, as the case may be, prescribed under this Act, and the form, oath, statement or notice is valid for both the regular elections under the Municipal Elections Act, 1996 and the election under this Act.

Application of regulations

(6) Regulations made under the Municipal Elections Act, 1996 apply to an election held in accordance with Part III as if it were a regular election under that Act.

PART II
ELECTION HELD IN CONJUNCTION WITH PROVINCIAL ELECTION OR ON DATE
FIXED BY ORDER

Application of this Part

30. Where an election under this Act is to be held in conjunction with a general election under the Election Act or separately on a date provided for in an order under section 5, Part I and this Part apply to the election under this Act.

Application of Election Act

31. The Lieutenant Governor in Council may make regulations prescribing those provisions of the Election Act that apply or do not apply for the purposes of this Part and indicating, if necessary, to what extent they apply or do not apply.

List of electors

32. The permanent register of electors compiled and revised under the Election Act is to be the permanent register for an election under this Act.

Appointment of returning officers

33. The returning officers appointed under the Election Act are to be the returning officers for the purposes of an election under this Act.

Publication of election proclamation

34. (1) The Chief Election Officer shall, as soon as possible following the making of the order referred to in section 5, publish by proclamation in the prescribed form in respect of each electoral district,

(a) the place, dates and hours for considering applications for revisions to the permanent register;

(b) the place and hours fixed for the nomination of candidates and the date fixed for the closing of nominations;

(d) the date of polling day and the hours at which the polling places will open and close if voting is necessary;

(e) the place, date and time for announcing the results of the official tabulation, that date being the 10th day after polling day; and

(f) the name, address and telephone number of the returning officer.

Publication

(2) The proclamation referred to in subsection (1), a map of the electoral district indicating the numbered polling divisions and a list of the locations of the polling places shall be published by,

(a) posting a copy of each in the office of the returning officer; and

(b) publishing a copy of each in one or more newspapers of general circulation within the electoral district.

Posting of additional copies

(3) A returning officer may post additional copies of the proclamation, map and list of locations at any other places in the electoral district where the returning officer considers they will be reasonably safe from damage and will serve to provide information to the public.

Corrections

(4) If the information as published is or becomes inaccurate for any reason, the Chief Election Officer shall,

(a) publish details of the correction in the newspapers in which the proclamation was published under subsection (2); and

(b) immediately provide to all candidates or their official agents written details of the correction.

Voting procedure

35. (1) The deputy returning officer shall, without inquiring or ascertaining for whom a voter intends to vote, instruct the voter to,

(a) proceed to one of the polling booths and there, with the marker provided, mark the voter's ballot by placing an "X" in the space opposite the name of the candidate or candidates of the voter's choice;

(b) refold the ballot so that the initials, the words "Senatorial Selection" and the year of the election on the back of the ballot and the number on the back of the counterfoil can be seen without unfolding it; and

Restriction

(2) An elector may not vote for more than the number of persons to be elected.

Depositing ballot in ballot box

(3) The deputy returning officer, without unfolding the ballot, shall in full view of the voter and all present,

(a) ascertain that it is the same ballot that the deputy returning officer provided to the voter by examining the initials and the number on the counterfoil;

(b) remove and tear up the counterfoil; and

Where ballot to be rejected

36. Despite any provision of the Election Act, for the purposes of this Part, the deputy returning officer shall reject and place in a rejected ballot envelope any ballot that contains votes for more candidates than the number of persons to be elected.

What voter may mark

37. Despite any provision of the Election Act, a voter may mark only the name of the candidate or candidates, as the case may be.

PART III
ELECTION HELD IN CONJUNCTION WITH MUNICIPAL ELECTIONS

Application of this Part

38. Where an election under this Act is to be held in conjunction with a regular election under the Municipal Elections Act, 1996, Part I and this Part apply to the election under this Act.

Application of Municipal Elections Act, 1996

39. (1) The Lieutenant Governor in Council may make regulations prescribing those provisions of the Municipal Elections Act, 1996 that apply or do not apply for the purposes of this Part and indicating, if necessary, to what extent they apply or do not apply.

Interpretation

(2) Despite subsection 1 (3) of this Act, words and phrases used in this Part have the meanings given to them in the Municipal Elections Act, 1996.

Councils to conduct vote

40. (1) Where an election under this Act is to be held in accordance with this Part, every council shall conduct a vote of the electors residing in the local municipality for the purposes of the election under this Act.

Vote required even if general election not required

(2) The council shall conduct the vote even if a regular election under the Municipal Elections Act, 1996 is not required in that local municipality on that day.

Vote conducted by local board

(3) If the council has entered into an agreement with one or more local authorities in the same area for the conduct of a general election under the Municipal Elections Act, 1996, the local authority that is responsible for the conduct of the general election under the agreement shall conduct the vote for the purposes of the election under this Act and has all the rights, powers and duties of the council to conduct the vote.

Vote conducted by responsible Minister

(4) The Minister responsible for the Municipal Elections Act, 1996 is responsible for conducting the vote of the electors residing in an improvement district or Indian reserve or a park as defined in the National Parks Act (Canada) and for the purposes of an election under this Act has all the rights, powers and duties of a council to conduct the vote including the authority to appoint returning officers and other election officers.

Agreements for conduct of vote

(5) The Minister responsible for the Municipal Elections Act, 1996 may enter into an agreement with any council in the area or in an area adjacent to the improvement district or Indian reserve, or park as defined in the National Parks Act (Canada), or with the board of an improvement district to conduct the vote on the Minister's behalf, and the council or board of the improvement district are authorized to enter into such an agreement.

Responsibility of council

(6) A council or board of an improvement district that enters into an agreement under subsection (5) has all the rights, powers and duties of the Minister to conduct the vote.

Payments

(7) In accordance with the regulations under section 29, payments shall be made to those entities that conduct a vote for the purposes of an election under this Act.

Voters' list

41. The voters' list, if any, for a municipality compiled and revised under the Municipal Elections Act, 1996 shall be the voters' list for conducting a vote for the purposes of an election under this Act in that municipality.

Appointment of officers

42. (1) The officers appointed under the Municipal Elections Act, 1996 for a regular election under that Act are officers for the purposes of an election under this Act.

Duties and powers

(2) The officers have the duties and the necessary powers under the Municipal Elections Act, 1996 to conduct an election under this Act, except where inconsistent with this Act.

Voting subdivisions and places

43. The voting subdivisions and voting places established for the purposes of the regular election under the Municipal Elections Act, 1996 are the voting subdivisions and voting places for the purposes of the election under this Act.

Voting machines

44. If a council of a local municipality makes a by-law under section 42 of the Municipal Elections Act, 1996 that is applicable to the conducting of a vote of electors for the purposes of an election under this Act, the by-law, with respect to its application under this Act, is not valid unless it is approved by the Minister responsible for the Municipal Elections Act, 1996.

Publication of election proclamation

45. (1) The Chief Election Officer shall, as soon as possible following the date of the order referred to in section 5, publish by proclamation in the prescribed form in respect of each local municipality,

(a) the place and hours fixed for the nomination of candidates and the date fixed for the closing of nominations;

(b) the date of polling day and the hours at which the polling places will open and close if voting is necessary;

(c) the place, date and time for announcing the results of the official tabulation, that date being the 10th day after polling day; and

(d) the name, address and telephone number of the returning officer.

Method of publication

(2) The proclamation referred to in subsection (1) shall be published by,

(a) posting a copy of it in the office of the returning officer; and

(b) publishing a copy of it in one or more newspapers of general circulation within the municipality.

Posting of additional copies

(3) A returning officer may post additional copies of the proclamation at any other places in the municipality where the returning officer considers they will be reasonably safe from damage and will serve to provide information to the public.

Corrections

(4) If the information as published is or becomes inaccurate for any reason, the Chief Election Officer shall,

(a) publish details of the correction in the newspapers in which the proclamation was published under subsection (2); and

(b) immediately provide to all candidates or their official agents written details of the correction.

Marking of ballots

46. (1) On receiving a ballot from the officer presiding at the voting station, the elector shall forthwith proceed into the voting compartment provided and shall mark the ballot by placing an "X" on the right-hand side opposite the name of the candidate of the elector's choice.

Folding and delivering ballot

(2) After marking the ballot, the elector shall,

(a) fold the ballot so as to conceal the names of the candidates and the marks on the face of the ballot, and so as to expose the initials of the officer issuing the ballot at the voting place; and

(b) deliver the folded ballot, without delay and without showing the front to anyone, to the officer supervising at the ballot box immediately after leaving the voting compartment.

Verification and depositing of ballot

(3) The officer supervising at the ballot box shall, without unfolding the ballot or in any way disclosing the marks made by the elector on the ballot, verify the initials on the ballot and deposit the ballot at once in the ballot box.

Leaving voting station

(4) After the ballot is deposited in the ballot box, the elector shall forthwith leave the voting station.

Non-application of section

(5) This section does not apply if a by-law has been adopted under section 42 of the Municipal Elections Act, 1996 and approved under section 44 of this Act.

Record of receipt of ballot

47. The officer shall, with respect to each elector who receives a ballot, denote on the voting list that the elector received a ballot for the purpose of voting under this Act.

Incapacitated elector at home

48. For the purposes of this Part, subsection 45 (9) of the Municipal Elections Act, 1996 applies.

Advance vote

49. (1) A local municipality that is conducting a vote under this Act shall provide for the holding of an advance vote in respect of an election under this Act.

Timing of advance vote

(2) An advance vote may be held on any day after the fourth Monday in September, but not within 24 hours of the day of the election.

Official count of returning officer

50. (1) The returning officer may publish unofficial results of the counting of ballots after an election under this Act as the results are received from voting places.

Adding ballot accounts

(2) Each returning officer shall add together the ballot accounts as prepared by the deputy returning officers.

Statement of official results prepared

(3) On complying with subsection (2), the returning officer shall prepare the prescribed statement of official results.

Retention of ballots

51. For the purposes of this Part, the ballots referred to in section 88 of the Municipal Elections Act, 1996 shall be retained for three months.

PART IV
REPEAL, COMMENCEMENT AND
SHORT TITLE

Repeal

52. This Act is repealed on December 31, 2024.

Commencement

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

Short title

54. The short title of this Act is the Senatorial Selection Act, 2004.

EXPLANATORY NOTE

The purpose of the Bill is to provide for the selection of nominees for appointment to the Senate by way of democratic election. Once nominees have been selected by election, the Government of Ontario shall submit the names of the Senate nominees to the Queen's Privy Council for Canada as persons who may be summoned to the Senate of Canada for the purpose of filling vacancies relating to Ontario.

An election for Senate nominees can be commenced at any time by order of the Lieutenant Governor in Council setting out whether the election is to be held in conjunction with a general election under the Election Act, separately on a date provided for in the order or in conjunction with a regular election under the Municipal Elections Act, 1996.

Part I of the Bill deals with such topics as a person's eligibility for nomination, the nominations process, the consequences of the death or withdrawal of a candidate, ballots, election results, appeals and recounts and the publication of the names of the elected nominees.

Part II sets out the rules where a senatorial selection election is held in conjunction with a provincial election or on a date fixed by an order of the Lieutenant Governor in Council and Part III does the same where that election is to be held in conjunction with a municipal election.