[38] Bill 86 Original (PDF)
Bill 86 2004
An Act to amend
the Election Act,
the Election Finances Act,
the Legislative Assembly Act
and the Representation Act, 1996
to provide for provincial general
elections at intervals of approximately
four years, to govern the timing
of writs, close of nominations
and polling day, to make modifications
relating to the electoral readjustment
process and to make technical
amendments
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 9 of the Election Act, as amended by the Statutes of Ontario, 1998, chapter 9, section 8, is repealed and the following substituted: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, 2004 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
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 section 9, an order under subsection (6) shall not be made after August 1 in the year in which the general election is to be held.
(2) 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.
(3) 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).
(4) The French version of subsection 80 (4) of the Act is amended by striking out "de la Cour de l'Ontario (Division générale)".
2. Section 44.1 of the Election Finances Act, as enacted by the Statutes of Ontario, 1996, chapter 28, section 3 and amended by 1998, chapter 9, section 79, is repealed and the following substituted:
New constituency associations due to readjustment
Application of ss. 44.1, 44.2
44.1 (1) This section and section 44.2 apply when there is a federal readjustment as defined in the Representation Act, 1996.
Definitions
(2) In this section and in section 44.2,
"anniversary date" means the first anniversary of the proclamation date; ("date d'anniversaire")
"new", when used in connection with electoral districts or constituency associations, refers to the electoral districts deemed to be established under the Representation Act, 1996 as a result of the federal readjustment and to their constituency associations; ("nouvelle")
"old", when used in connection with electoral districts or constituency associations, refers to the electoral districts that existed before the federal readjustment and to their constituency associations; ("ancienne")
"proclamation date" means the proclamation date of the draft representation order under the Electoral Boundaries Readjustment Act (Canada). ("date de la proclamation")
Registration of new constituency associations
(3) On and after the proclamation date, the Chief Election Officer shall register new constituency associations in the register mentioned in subsection 11 (2).
Formal requirements of application
(4) 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
(5) Except for the purposes of this section, every old constituency association is dissolved on the earlier of the following dates:
1. December 31 in the year before the calendar year in which the next general election after the anniversary date is to be held under section 9 of the Election Act.
2. The date on which the Assembly is dissolved, if a general election other than a general election under section 9 of the Election Act is to be held after the anniversary date.
Earlier dissolution at party's request
(6) 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 the date on which it would otherwise be dissolved under paragraph 1 of subsection (5).
Assets and liabilities
(7) Every old constituency association that is dissolved 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 paragraph 1 of subsection (5) or under subsection (6), before it is dissolved;
(b) in the case of dissolution under paragraph 2 of subsection (5), within 10 days after being dissolved.
Filing of direction
(8) A direction referred to in subsection (7) shall be filed with the Chief Election Officer.
Authority to act on party's behalf
(9) 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 (4), (6) and (7).
Report
(10) 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 paragraph 1 of subsection (5) or under subsection (6);
(b) on the 11th day after being dissolved, in the case of dissolution under paragraph 2 of subsection (5).
Deemed transfer to party
(11) Any assets and liabilities that an old constituency association still held on the day referred to in clause (10) (a) or (b), as the case may be, are deemed to have been transferred to the registered political party concerned on that day; the party may then transfer them to its new constituency associations as it sees fit.
Combining filings
(12) 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
(13) 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.
3. (1) Section 3 of the Legislative Assembly Act is repealed.
(2) Subsection 9 (2) of the Act is amended by striking out "section 82" and substituting "section 83".
(3) 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).
(4) 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).
4. Section 4 of the Representation Act, 1996 is repealed and the following substituted:
Effect of federal change of name
4. (1) If only the name of a federal electoral district is changed, the name of the corresponding provincial electoral district undergoes the same change at the same time.
Exception
(2) However, the provincial change of name does not take place until the day after polling day,
(a) in the case of a by-election, if the federal change of name takes place after a warrant for the issue of a writ for the election of a member to fill a vacancy in the Legislative Assembly is addressed to the Chief Election Officer;
(b) in the case of a general election, if the federal change of name takes place after the writs for the election are issued.
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the Election Statute Law Amendment Act, 2004.
EXPLANATORY NOTE
The Bill amends the Election Act, the Election Finances Act, the Legislative Assembly Act and the Representation Act, 1996.
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.
The Bill rewrites section 44.1 of the Election Finances Act to modify the process whereby new constituency associations are registered and old ones are dissolved when electoral districts are readjusted.
The Bill also rewrites section 4 of the Representation Act, 1996, which provides that when only the name of a federal electoral district is changed, the corresponding provincial electoral district undergoes the same change at the same time. The existing section delays the name change if an election intervenes; the new version also delays it if the relevant provincial seat becomes vacant but no writ has yet been issued for an election.
The Election Act and the Legislative Assembly Act are also amended to update terminology and correct errors.