Bill 218, Election Statute Law Amendment Act, 2007

Bountrogianni, Hon. Marie Minister Responsible for Democratic Renewal

Versions

Bill 218 2007

An Act to amend the Election Act and the Election Finances Act and to make related amendments to other Acts

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:

Amendments to Election Act

1. The English version of subsection 4 (6) of the Election Act is amended by striking out "Acting Chief Election Officer" wherever it appears and substituting in each case "Acting Chief Electoral Officer".

2. The Act is amended by adding the following sections:

Powers under Public Inquiries Act

4.0.1 For the purpose of carrying out any investigation or examination under this Act, the Chief Electoral Officer has the powers of a Commission under Part II of the Public Inquiries Act, which Part applies to the investigation or examination as if it were an inquiry under that Act.

Report to Attorney General

4.0.2 The Chief Electoral Officer shall report to the Attorney General any apparent contraventions of this Act.

3. Section 4.1 of the Act is repealed and the following substituted:

Testing voting and vote-counting equipment, alternative voting methods

4.1 (1) At a by-election, the Chief Electoral Officer may direct the use of voting equipment, vote-counting equipment or alternative voting methods that are different from what this Act requires.

Direction

(2) The Chief Electoral Officer's direction shall describe the voting equipment, vote-counting equipment or alternative voting methods in detail and refer to the provisions of this Act that will not be complied with.

Notice

(3) No later than 21 days before polling day, the Chief Electoral Officer shall,

(a) provide copies of the direction to the Speaker of the Assembly and to the leader of each registered party; and

(b) publish the direction on a website on the Internet.

Validity of election

(4) An election held in accordance with this section is not invalid by reason of any non-compliance with this Act that is authorized by the Chief Electoral Officer's direction.

Report to Speaker

(5) Within four months after polling day in the election, the Chief Electoral Officer shall,

(a) make a report to the Speaker of the Assembly on the voting equipment, vote-counting equipment or alternative voting methods used at the election; and

(b) make recommendations to the Speaker with respect to amending this Act so as to adopt the voting equipment, vote-counting equipment or alternative voting methods on a permanent basis.

Identification

4.2 (1) The Chief Electoral Officer shall,

(a) determine what document or class of document constitutes, for the purposes of each of the provisions listed in subsection (2),

(i) proof of a person's identity, and

(ii) proof of a person's place of residence; and

(b) publish the determination on a website on the Internet.

Same

(2) Clause (1) (a) applies with respect to:

1. Clauses 17 (4) (a), (4) (b), (6) (b) and (6) (c).

2. Paragraph 1 of subsection 17.1.2 (1).

3. Clause 21 (10) (b).

4. Subsection 22 (1.1).

5. Clauses 47 (2) (a) and (3) (a).

6. Clause 47.1 (2) (b).

7. Subclause 51 (1) (b) (ii).

Advisory committee

4.3 (1) The Chief Electoral Officer shall establish an advisory committee consisting of one or two members appointed by each registered party.

Mandate

(2) The advisory committee may provide recommendations, when consulted by the Chief Electoral Officer, on the administration of this Act and the Election Finances Act.

4. Subsections 13 (1), (2) and (3) of the Act are repealed and the following substituted:

Polling places

(1) Subject to subsections (2), (3), (3.1) and (5) and to section 14, the returning officer shall arrange for at least one polling place for each polling division, furnished with light, heat and any other accommodation and furniture that may be required.

Same

(2) The returning officer may unite two or more adjoining polling divisions and provide one polling place for the resulting united polling division.

Same

(3) With the Chief Electoral Officer's approval,

(a) a polling place may be provided outside the limits of its polling division; and

(b) one polling place may be provided for two or more polling divisions.

Criteria re location of polling places

(3.1) In the selection of polling places under subsections (1) and (6), the following factors shall be considered:

1. A location's convenience for electors.

2. A location's capacity.

3. The extent to which electors are likely to be familiar with a location.

4. Any significant geographic barriers that electors will encounter in reaching a location.

5. Any other factors that may be relevant to the proper conduct of the election.

Same

(3.2) A polling place may be situated in any public building or on private property.

Saving

(3.3) Nothing in subsection (3.1) affects the obligation to comply with the Human Rights Code and with accessibility standards established under the Accessibility for Ontarians with Disabilities Act, 2005.

5. Section 15.1 of the Act is repealed.

6. Subsections 17 (4), (5) and (6) of the Act are repealed and the following substituted:

Certificate

(4) On any day up to and including the day before polling day, but not after 8 p.m. on the day before polling day, a person appointed as a proxy voter under subsection (1) may present, to the returning officer or a revision assistant of the electoral district,

(a) the application to vote by proxy and the appointment, both in the prescribed form, together with proof of the appointing elector's identity in accordance with section 4.2; and

(b) proof of the proxy voter's identity in accordance with section 4.2.

Same

(5) The returning officer or revision assistant,

(a) shall examine the documents presented under subsection (4);

(b) on being satisfied as to the eligibility and qualifications of the appointing elector and the proxy voter, shall require the proxy voter to make a statutory declaration in the prescribed form; and

Certificate and identification

(6) In order to receive a ballot and to vote, a person appointed as a proxy voter must present to the deputy returning officer at the polling place,

(a) a certificate to vote, signed by the returning officer or revision assistant;

(b) proof of the proxy voter's identity in accordance with section 4.2; and

(c) if the proxy voter is not named on the same polling list as the appointing elector, proof of the proxy voter's place of residence in accordance with section 4.2.

7. (1) Paragraph 1 of subsection 17.1 (4) of the Act is amended by striking out "section 15.1" and substituting "section 17.1.2".

(2) Paragraph 3 of subsection 17.1 (4) of the Act is repealed and the following substituted:

3. By having research carried out by registration agents appointed under subsection (4.1), including without limitation mailings, telephone calls, e-mails and personal visits to the homes of persons who may be electors who are not named, or not correctly named, in the permanent register.

4. By having information packages distributed at locations where they are likely to come to the attention of electors who are not named, or not correctly named, in the permanent register.

5. By having an enumeration conducted under section 18, if the Chief Electoral Officer is of the opinion that the permanent register will not be sufficiently complete and accurate if updating is based only on information obtained under paragraphs 1 to 4.

6. By using any other technique that the Chief Electoral Officer considers will assist in updating the permanent register.

(3) Section 17.1 of the Act is amended by adding the following subsections:

Registration agents

(4.1) The Chief Electoral Officer may appoint persons as registration agents for the purpose of updating under this section.

Same

(4.2) Every registration agent, on being appointed, shall take the prescribed oath or affirmation.

8. The Act is amended by adding the following sections:

Electronic system for confirmation of information

17.1.1 (1) The Chief Electoral Officer shall establish and maintain an electronic system to allow electors to verify and confirm information about themselves in the permanent register of electors.

Access

(2) The electronic system shall be available for access by electors on and after the later of the following days:

1. The day the Election Statute Law Amendment Act, 2007 receives Royal Assent.

2. August 1, 2007.

Application re permanent register

17.1.2 (1) An elector may apply to have his or her name added to or removed from the permanent register of electors in accordance with the following rules:

1. The application shall be accompanied by proof of the elector's identity and place of residence in accordance with section 4.2.

2. During the period that begins with the issue of a writ for an election and ends on the day before polling day, the application may be submitted at an office of the returning officer.

3. At all other times except on polling day, the application may be,

i. submitted at the office of the clerk of any municipality with territorial jurisdiction in the electoral district, or

ii. sent to the office of the Chief Electoral Officer.

Polling day

(2) On polling day, an elector may not make an application under this section, but may apply to the deputy returning officer or to a revision assistant under section 47.1 to be added to the list of electors.

9. Section 17.4 of the Act is amended by adding the following subsection:

Same

(5) Subsections (1) to (3) do not apply to a person with respect to information about himself or herself that he or she obtains from the permanent register under section 17.1.1 or in some other way.

10. The Act is amended by adding the following section:

Targeted Registration

Targeted registration programs in years of regular general elections

17.14 (1) In every calendar year in which a general election is to be held under subsection 9 (2), the Chief Electoral Officer shall conduct a targeted registration program, which shall be completed before the writs are issued.

Purpose

(2) The purpose of a targeted registration program is to improve the accuracy of the permanent register with respect to the following criteria:

1. The mobility of electors.

2. The number of persons who have become electors because they have reached the age of 18, but are not yet named in the permanent register.

3. The number of persons who have become electors because they have become citizens of Canada, but are not yet named in the permanent register.

4. The number of electors who have died but are still named in the permanent register.

5. Any other matter that the Chief Electoral Officer considers relevant.

Target areas

(3) A targeted registration program may be conducted for any electoral district or any part of an electoral district, including a building with multiple dwelling units, as the Chief Electoral Officer considers desirable.

Registration agents

(4) The Chief Electoral Officer may appoint persons as registration agents for the purposes of a targeted registration program under this section.

Same

(5) Every registration agent, on being appointed, shall take the prescribed oath or affirmation.

Techniques

(6) In a targeted registration program, the following techniques for obtaining information may be used, separately or in any combination, as the Chief Electoral Officer considers desirable:

1. Research by registration agents appointed under subsection (4), including without limitation,

i. review of information obtained under subsection 17.1 (4), and

ii. mailings, telephone calls, e-mails and personal visits to the homes of persons who may be electors who are not named, or not correctly named, in the permanent register.

2. Distribution of information packages at locations where they are likely to come to the attention of electors who are not named, or not correctly named, in the permanent register.

3. Enumeration under section 18.

4. Any other technique that the Chief Electoral Officer considers will further the targeted registration program.

Application of s. 18 (11) and (12) to registration agents

(7) Subsections 18 (11) and (12) apply to registration agents in the same way as to enumerators, with necessary modifications.

Updating permanent register

(8) The Chief Electoral Officer shall complete the targeted registration program by updating the permanent register in accordance with the information obtained under subsection (6).

11. Subsections 18 (1) and (2) of the Act are repealed and the following substituted:

Enumeration

(1) The Chief Electoral Officer,

(a) may cause an enumeration to be conducted under this section for the purposes of,

(i) paragraph 5 of subsection 17.1 (4), or

(ii) paragraph 3 of subsection 17.14 (6); and

(b) shall designate the period during which the enumeration shall be conducted.

12. Section 18.3 of the Act is repealed.

13. (1) Section 21 of the Act is amended by adding the following subsection:

Addition of name to permanent register

(9.1) When a person's name is added to the list of electors under this section, it shall also be added to the permanent register, unless the person objects.

(2) Subsection 21 (10) of the Act is repealed and the following substituted:

Certificate and identification

(10) To receive a ballot and to vote, a person added to the polling list under section 22 or 24 must present to the deputy returning officer at the polling place,

(a) a certificate to vote, signed by the returning officer or revision assistant; and

(b) proof of his or her identity in accordance with section 4.2.

(3) Section 21 of the Act is amended by adding the following subsections:

Deletion of name from permanent register

(12) When a person's name is deleted from the list of electors under subsection (11), it shall also be deleted from the permanent register, unless the person objects.

Deceased elector

(13) When a person named on the list of electors has died and evidence of that fact, in a form that is satisfactory to the Chief Electoral Officer, is provided to the returning officer or revision assistant, the person's name shall be deleted from the list and also from the permanent register.

14. Section 22 of the Act is amended by adding the following subsection:

Identification

(1.1) The elector or other person shall submit, together with the statutory declaration, proof of the elector's identity and place of residence in accordance with section 4.2.

15. Section 23 of the Act is amended by adding the following subsection:

Change to permanent register

(3) The Chief Electoral Officer may update the permanent register to incorporate corrections made to the list of electors under this section.

16. Subsection 27 (7) of the Act is amended by striking out "34 (2) and (5)" and substituting "34 (2), (3) and (4)".

17. The Act is amended by adding the following section:

Endorsement by Party Leader

Statement of endorsement

28.1 If a candidate is endorsed by a political party that is registered or has applied for registration with the Chief Electoral Officer under the Election Finances Act, a statement of endorsement signed by the party leader may be filed with the Chief Electoral Officer, on or before the close of nominations.

18. Section 32 of the Act is amended by adding the following subsection:

Same

(2.1) For the purposes of subsection (2), it is sufficient that the scrutineer is entitled to vote in another electoral district or would be entitled to do so if an election were being held there.

19. Section 34 of the Act is repealed and the following substituted:

Form of ballot

34. (1) The ballots in every electoral district shall be as nearly alike as possible.

Names of candidates

(2) The names of the candidates shall be shown on the ballot in accordance with the following rules:

1. The names shall be shown in capital letters, alphabetically arranged in the order of the legal surnames, subject to subsection 27 (8).

2. The given names shall precede the surnames and the surnames shall be shown in bold type.

3. The names shall be numbered consecutively, with the number preceding the name in each case.

4. At the candidate's request, any nickname or an abbreviation or familiar form of a given name may be used instead of his or her legal given name or names.

Matters not to be included

(3) Subject to subsection 27 (8), no occupation, title, honour, decoration, degree, brackets or quotation marks shall be included with a candidate's name on the ballot.

Circular space

(4) A circular space shall be shown on the ballot horizontally aligned with each candidate's name.

Colours of ballot

(5) The circular spaces, numbers, names of the candidates, information under subsection (2) and any other information required under subsection 27 (8) shall be the natural colour of the ballot paper, the rest of the face of the ballot shall be black, and the back of the ballot shall be the natural colour of the ballot paper.

Numbering of ballots

(6) The ballots shall be numbered consecutively on the stubs and shall be stapled or stitched into units as determined by the Chief Electoral Officer or the returning officer.

20. Section 40 of the Act is repealed and the following substituted:

Hours of polling

40. (1) Except as provided by subsections (2), (3) and (4), the general polls at every election to the Assembly shall open at 9 a.m. and close at 9 p.m. of the same day.

In Central Time Zone

(2) In an electoral district that lies entirely west of the meridian of 90^o W. longitude, the general polls shall open at 8 a.m. and close at 8 p.m. of the same day.

C.E.O. may establish different hours

(3) The Chief Electoral Officer may at his or her discretion establish any period of 12 consecutive hours on the general polling day for voting in all or part of an electoral district.

Delay, interruption

(4) If voting at a polling place does not begin at the proper time or is interrupted during the polling hours, the returning officer shall immediately advise the Chief Electoral Officer of the delay or interruption and of the reasons for it.

Same

(5) When subsection (4) applies, the Chief Electoral Officer has discretion to do one of the following, so as to ensure that the poll is open with free access to the electors for a total of 12 hours:

1. Extend the closing time.

2. Resume the polling at the usual time on the following day and continue it from day to day if necessary.

21. Section 44 of the Act is repealed and the following substituted:

Advance polls

44. (1) Advance polls shall be held, in accordance with this section, for the purpose of receiving the votes of electors who expect to be unable to vote on polling day in the electoral district for which their names appear on the polling list or on certificates to vote.

Regular general elections – 13 advance polling days

(2) In a general election under subsection 9 (2), advance polls shall be held,

(a) at an office of the returning officer on the 18th, 17th and 16th days before polling day, if the ballots have been printed; and

(b) at an office of the returning officer and at designated other locations on the 15th, 14th, 13th, 12th, 11th, 10th, ninth, eighth, seventh and sixth days before polling day.

Other elections – six advance polling days

(3) In a by-election and in a general election that is not held under subsection 9 (2), the following rules apply with respect to advance polls:

1. Subject to paragraph 4, advance polls shall be open on six days during the seven-day period that ends on the sixth day before polling day.

2. An advance poll must be open on the Saturday that falls during the seven-day period described in paragraph 1.

3. Advance polls shall be held,

i. at an office of the returning officer on the first three advance poll days, and

ii. at an office of the returning officer and at designated other locations on the last three advance poll days.

4. The advance polls described in subparagraph 3 i need not be held if the ballots have not been printed.

Order re alternate polling day

(4) Subsections (2) and (3) apply whether an order has been made under subsection 9.1 (6) or not.

Advance polling places

(5) The returning officer shall provide as many advance polling places at designated other locations as the Chief Electoral Officer approves, and shall select locations that give access to wheelchairs.

Time of poll

(6) The advance polls in an electoral district shall be open from 10 a.m. to 8 p.m. or during such hours as are determined by the Chief Electoral Officer.

Notice of polls

(7) At least three days before the first advance poll day, the Chief Electoral Officer or the returning officer shall cause a notice of the days, times and locations of the advance polls to be published in a sufficient number of newspapers to provide coverage throughout the electoral district.

22. Section 47 of the Act is repealed and the following substituted:

Distribution of ballots

Statement of name and residence

47. (1) Every elector, on entering the room or area where the poll is being held, shall state his or her name and place of residence to the deputy returning officer.

Elector named on polling list

(2) An elector who is named on the polling list is entitled to receive a ballot,

(a) on presenting proof of his or her identity in accordance with section 4.2; or

(b) on making the prescribed statutory declaration.

Elector with certificate to vote

(3) An elector who presents a certificate to vote is entitled to receive a ballot,

(a) on presenting proof of his or her identity in accordance with section 4.2; or

(b) on making the prescribed statutory declaration.

Other electors

(4) An elector who is not named on the polling list and does not have a certificate to vote may apply to have his or her name added under section 47.1, and is entitled to receive a ballot once his or her name has been added.

D.R.O. to initial back of ballot

(5) Every elector who is entitled to receive a ballot shall be given a folded ballot on the back of which the deputy returning officer has previously put his or her initials, so placed that when the ballot is refolded they can still be seen.

Instructions

(6) If the elector so requests, the deputy returning officer shall instruct the elector in the manner of marking and refolding the ballot.

Poll record

(7) The poll clerk shall enter in the poll record the name and place of residence of every elector who receives a ballot.

Addition to list

47.1 (1) An elector whose name is not on the list may apply to the deputy returning officer or to a revision assistant to have it added.

Identification

(2) The elector shall,

(a) make a statutory declaration in the prescribed form, substantiating his or her identity and qualifications as an elector and stating that he or she has not already voted in the election; and

(b) present proof of his or her identity and place of residence in accordance with section 4.2.

Duty of deputy returning officer or revision assistant

(3) If the deputy returning officer or revision assistant is satisfied as to the contents of the statutory declaration, he or she shall add the applicant's name to the list and the poll record, and shall write the words "added, declaration" or the words "ajouté, déclaration" after the name in the poll record.

Addition of name to permanent register

(4) When a person's name is added to the list and the poll record under subsection (3), it shall also be added to the permanent register, unless the person objects.

Polling day only

(5) This section applies only on polling day.

Challenge and statutory declaration

47.2 (1) A deputy returning officer shall require a person offering to vote to make the prescribed statutory declaration if,

(a) the deputy returning officer has reason to believe that the person,

(i) is not an elector,

(ii) has already voted,

(iii) is attempting to vote under a false name, or

(iv) is falsely representing himself or herself as being on the list; or

(b) a candidate or scrutineer who is an elector requests that the deputy returning officer require the person to make the statutory declaration.

Application

(2) Subsection (1) does not apply to a person who makes a statutory declaration under subsection 47 (2) or (3).

Alleged personation

(3) A person who has made the prescribed statutory declaration and otherwise established his or her identity to the deputy returning officer's satisfaction is entitled to receive a ballot, even if another person has already voted under the first-named person's name.

Poll record

(4) When a person is required to make the prescribed statutory declaration under subsection (1), a note shall be made in the poll record,

(a) indicating whether he or she made the statutory declaration or refused to do so;

(b) confirming that the person received a ballot, if that is the case;

(d) stating any objections made on behalf of a candidate and, if so, which candidate.

Effect of refusal

(5) An elector who refuses to make the prescribed statutory declaration under subsection (1) when required to do so forfeits the right to vote.

23. Clause 51 (1) (b) of the Act is repealed and the following substituted:

(b) if the elector is accompanied by an elector who,

(i) is a resident in the same polling division and is named on the polling list,

(ii) presents proof of his or her identity in accordance with section 4.2, and

(iii) vouches on oath or affirmation that he or she knows the person whose name has been omitted and believes the person to be qualified to be entered on the list.

24. Subsection 57 (3.1) of the Act is amended by striking out "subsection 47 (2)" and substituting "subsection 47 (5)".

25. The Act is amended by adding the following section:

Post-election survey

67.1 (1) As soon as possible after polling day in a general election, the Chief Electoral Officer shall cause a survey of electors to be conducted, in order to examine,

(a) what barriers, if any, they encountered,

(i) in having their names added to the permanent register of electors or a polling list,

(ii) in attending at polling places, or

(iii) in casting their votes; and

(b) any other matter that the Chief Electoral Officer considers useful in order to improve the administration of elections.

Report

(2) The findings of the survey shall be included in the Chief Electoral Officer's next annual report under section 114.3.

26. The Act is amended by adding the following section immediately before the heading "Contested Elections":

Consent of Chief Electoral Officer

98.1 (1) No prosecution shall be instituted under this Act without the Chief Electoral Officer's consent.

Limitation

(2) No prosecution shall be instituted more than two years after the facts on which it is based first came to the Chief Electoral Officer's knowledge.

27. The Act is amended by adding the following sections:

Public education and information

114.1 (1) The Chief Electoral Officer may implement public education and information programs to make Ontario's electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

Same

(2) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public with information about Ontario's electoral process, the right to vote and how to be a candidate.

Same, October 2007 referendum on electoral system

(3) For the purposes of the referendum required by the Electoral System Referendum Act, 2007, the Chief Electoral Officer shall conduct a program of public education, to ensure that electors throughout Ontario receive clear and impartial information about,

(a) the referendum process, the date of the referendum and the referendum question; and

(b) the content of the choices in the referendum.

Information packages for new electors

114.2 (1) The Chief Electoral Officer shall prepare information packages for new electors and shall make them available, annually, to school boards for distribution to students who have reached voting age or will soon do so.

Same

(2) The information package shall contain information about,

(a) Ontario's electoral process;

(b) the right to vote;

(d) any other matter that the Chief Electoral Officer considers useful for electors.

Annual report

114.3 (1) The Chief Electoral Officer shall make an annual report on the affairs of his or her office in relation to this Act to the Speaker of the Assembly.

Recommendations

(2) In the annual report, the Chief Electoral Officer may recommend any amendments to this Act that he or she considers advisable.

Tabling

(3) The Speaker shall lay the annual report before the Assembly if it is in session or, if not, at the next session.

28. The English version of the Act is amended by striking out "Assistant Chief Election Officer" wherever it appears in the following provisions and substituting in each case "Deputy Chief Electoral Officer":

1. Subsections 4 (1), (5) and (6).

2. Subsection 114 (1).

3. Clause 114 (1) (b), as enacted by subsection 30 (1) of Schedule C to the Public Service of Ontario Statute Law Amendment Act, 2006.

4. Subsections 116 (1), (3) and (4).

5. Clause 116 (1) (b) and subsection 116 (1.2), as enacted by subsection 30 (2) of Schedule C to the Public Service of Ontario Statute Law Amendment Act, 2006.

Amendments to Election Finances Act

29. Subsection 1 (1) of the Election Finances Act is amended by adding the following definition:

"third party" means a person or entity, other than a registered candidate, registered constituency association or registered party; ("tiers")

30. (1) Clause 2 (1) (a) of the Act is amended by striking out "candidates and leadership contestants" and substituting "candidates, leadership contestants and third parties".

(2) Clause 2 (1) (d) of the Act is amended by striking out "registered candidates and registered leadership contestants" and substituting "registered candidates, registered leadership contestants and registered third parties".

(3) Clause 2 (1) (j) of the Act is amended by striking out "candidates and leadership contestants" and substituting "candidates, leadership contestants and third parties".

(4) Subsection 2 (1) of the Act is amended by striking out "and" at the end of clause (k) and by adding the following clauses:

(m) publish on a website on the Internet the names and addresses of registered third parties, as they are registered; and

(n) publish on a website on the Internet, within one year after the issue of the writ, reports filed under subsection 37.12 (1).

(5) Subsection 2 (2) of the Act is amended by striking out "clause (1) (j.2) or subclause (1) (l) (ii)" and substituting "clause (1) (j.2), subclause (1) (l) (ii) or clause (1) (m) or (n)".

(6) Subsection 2 (3) of the Act is amended by striking out "clause (1) (j.2) or (l)" and substituting "clause (1) (j.2), (l) or (n)".

31. (1) Subsection 37 (1) of the Act is repealed and the following substituted:

Blackout period

(1) In this section,

"blackout period" means,

(a) in a by-election and in a general election that is not held under subsection 9 (2) of the Election Act, the period that begins when the writ of election is issued and ends on the 22nd day before polling day, and

(b) in any election, polling day and the day before polling day.

(2) Subsection 37 (2) of the Act is amended,

(a) by striking out "constituency association or candidate registered under this Act" and substituting "constituency association, third party or candidate registered under this Act"; and

(b) by striking out "association's or candidate's consent" and substituting "association's, third party's or candidate's consent".

(3) Subsection 37 (6) of the Act is amended,

(a) by striking out "constituency association or candidate registered under this Act" and substituting "constituency association, third party or candidate registered under this Act"; and

(b) by striking out "association's or candidate's consent" and substituting "association's, third party's or candidate's consent".

32. The Act is amended by adding the following sections:

Definitions

37.1 In this section and in sections 37.2 to 37.13,

"election period" means the period beginning with the issue of the writ for an election and ending on polling day; ("période électorale")

"expenses" means,

(a) amounts paid,

(b) liabilities incurred,

(d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value; ("dépenses")

"third party election advertising" means political advertising that appears during an election period and is placed by or on behalf of a third party, and "third party election advertisement" has a corresponding meaning; ("publicité électorale d'un tiers", "annonce électorale d'un tiers")

"third party election advertising expense" means an expense incurred in relation to,

(a) the production of a third party election advertisement, or

(b) the acquisition of the means of transmission of a third party election advertisement to the public. ("dépenses liées à la publicité électorale d'un tiers")

Categorization of expenses

37.2 For the purposes of sections 37.4 to 37.13, the following rules apply in determining whether an amount of expenses is incurred for third party election advertising:

1. An amount that is paid by a third party for third party election advertising is included whether it is paid before, during or after the election period.

2. If a combined amount is paid for both third party election advertising and other political advertising, the amount shall be apportioned according to when the advertising appears.

Saving

37.3 Nothing in sections 37.1 to 37.13 permits political advertising during a blackout period under subsection 37 (1).

Identification

37.4 Subsections 22 (5) to (9) apply, with necessary modifications, with respect to third parties and third party election advertisements.

Registration requirement for third parties

37.5 (1) A third party shall apply for registration under this section immediately after having incurred expenses of a total amount of $500 for third party election advertising.

Application for registration

(2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include,

(a) the third party's full name and the name or abbreviation to be shown in any election documents;

(b) if the third party is an individual, his or her address, telephone number and signature;

(i) its address and telephone number, and

(ii) the name, address, telephone number and signature of the person with signing authority;

(d) the address and telephone number of the place or places in Ontario where records of the third party are maintained and of the place in Ontario where communications may be addressed;

(e) the name, address and telephone number of the third party's chief financial officer;

(f) the names, addresses and telephone numbers of the principal officers of the third party;

(g) the name and address of every financial institution to be used by the third party as the depositories for contributions made to that third party;

(h) the names, addresses and telephone numbers of the third party's signing officers responsible for each depository referred to in clause (g).

Appointment of chief financial officer

(3) Before filing its application under subsection (2), the third party shall appoint a chief financial officer.

Same

(4) If the chief financial officer ceases for any reason to hold office as such, the third party shall, without delay, appoint a new chief financial officer and shall immediately give notice in writing to the Chief Electoral Officer of the name, address and telephone number of the new chief financial officer.

Resolution

(5) If the third party is an entity with a governing body, the application shall include a copy of the resolution passed by the governing body authorizing the entity to incur third party election advertising expenses.

Examination of application

(6) The Chief Electoral Officer shall, without delay after receiving an application,

(a) determine whether the requirements set out in subsections (1) to (3) and (5) are met;

(b) notify the person who signed the application whether the third party is registered; and

Timing

(7) The Chief Electoral Officer is not required to act under subsection (6) until the day the writ is issued for the election.

Application rejected

(8) A third party may not be registered if, in the opinion of the Chief Electoral Officer, the resemblance between its name or the abbreviation of its name and a name, abbreviation or nickname referred to in subsection (9) is so close that confusion is likely.

Same

(9) Subsection (8) applies in respect of the name, abbreviation of the name or nickname,

(a) of a third party that is registered under this Act; or

(b) of a candidate, political party or political organization that is active anywhere in Canada.

Registration ends

(10) The registration of a third party ceases to be valid when the election period ends, but the third party continues to be subject to the requirement to file a third party election advertising report under subsection 37.12 (1).

Appointment of chief financial officer

37.6 (1) A third party that is required to register under subsection 37.5 (1) shall appoint a chief financial officer, who may be a person who is authorized to sign an application for registration made under that subsection.

Responsibilities

(2) The chief financial officer is responsible for ensuring that,

(a) proper records are kept of all amounts received and all expenditures;

(b) contributions are placed in the appropriate depository;

(d) the third party election advertising report mentioned in section 37.12 and the auditor's report mentioned in section 37.13, if required, are filed with the Chief Electoral Officer in accordance with this Act; and

(e) contributions consisting of goods or services are valued and recorded in accordance with this Act.

Chief financial officer – ineligible persons

(3) The following persons are not eligible to be a chief financial officer of a third party:

1. A candidate.

2. The chief financial officer or auditor of a registered candidate, party, constituency association or leadership contestant.

3. A returning officer, deputy returning officer or election clerk.

Requirement to appoint auditor

37.7 (1) A third party that incurs expenses in an aggregate amount of $5,000 or more for third party election advertising shall appoint an auditor without delay.

Eligibility criteria

(2) Only a person licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act is eligible to be an auditor for a third party.

Ineligibility criteria

(3) The following persons are not eligible to be an auditor for a third party:

1. The third party's chief financial officer.

2. A person who signed the application made under subsection 37.5 (2).

3. A returning officer, deputy returning officer or election clerk.

4. A candidate.

5. The chief financial officer or auditor of a registered candidate, party, constituency association or leadership contestant.

Notification of appointment

(4) Every third party, when an auditor is appointed, shall immediately give notice in writing to the Chief Electoral Officer of the auditor's name, address and telephone number.

Replacement

(5) If the third party's auditor ceases for any reason to hold office as such, the third party shall, without delay, appoint a new auditor and shall immediately give notice in writing to the Chief Electoral Officer of the new auditor's name, address and telephone number.

Registry of third parties

37.8 The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of third parties in which is recorded, in relation to each third party, the information referred to in subsections 37.5 (2) and 37.7 (4) and (5).

Duty of chief financial officer

Acceptance of contributions

37.9 (1) Every contribution that is made to a registered third party shall be accepted by its chief financial officer if,

(a) it is made during the period that begins two months before the issue of the writ for an election and ends three months after polling day; and

(b) it is made for the purpose of third party election advertising.

Authorization of expenses

(2) Every third party election advertising expense that is incurred by or on behalf of a registered third party shall be authorized by its chief financial officer.

Delegation

(3) The chief financial officer may delegate a function described in subsection (1) or (2) to another person, but the delegation does not limit the chief financial officer's responsibility.

Prohibition, use of certain contributions

37.10 (1) No third party shall use a contribution for the purpose of third party election advertising unless it is made by,

(a) an individual ordinarily resident in Ontario;

(b) a corporation that,

(i) carries on business in Ontario, and

(ii) is not a registered charity within the meaning of subsection 248 (1) of the Income Tax Act (Canada); or

Same

(2) No third party shall use for the purpose of third party election advertising a contribution that is made during the period described in clause 37.9 (1) (a) if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 37.12 (6) they fall.

Group contributions

(3) Any contribution to a third party for the purpose of third party election advertising made through an unincorporated association or organization, except a trade union, shall be recorded by the unincorporated association or organization as to the individual sources and amounts making up the contribution.

Same

(4) A copy of the record made under subsection (3) shall be provided to the chief financial officer of the third party.

Same

(5) The amounts making up a contribution under subsection (3) that are attributable to an individual, corporation or trade union are the contributions of that individual, corporation or trade union for the purposes of sections 37.1 to 37.13.

How contributions of money to be made

37.11 (1) Contributions of money to third parties registered under this Act in amounts in excess of $25 for the purpose of third party election advertising shall be made only by,

(a) a cheque having the name of the contributor legibly printed thereon and drawn on an account in the contributor's name;

(b) a money order signed by the contributor; or

(c) in the case of money contributed by an individual, the use of a credit card having the name of the individual contributor imprinted or embossed thereon.

Depositing of contributions

(2) All money contributed for the purpose of third party election advertising and accepted by or on behalf of a third party registered under this Act shall be paid into the appropriate depository on record with the Chief Electoral Officer.

Third party election advertising report

37.12 (1) The chief financial officer of every third party that is required to be registered in accordance with subsection 37.5 (1) shall file a third party election advertising report in the prescribed form with the Chief Electoral Officer within six months after polling day.

Details re expenses

(2) A third party election advertising report shall contain a list of all third party election advertising expenses and the time and place of broadcast or publication of the advertisements to which the expenses relate.

When no expenses

(3) If a third party has not incurred third party election advertising expenses, that fact shall be indicated in its third party election advertising report.

Details re contributions

(4) The third party election advertising report shall include,

(a) the amount, by class of contributor, of contributions for third party election advertising purposes that were received in the period beginning two months before the issue of the writ and ending three months after polling day;

(b) for each contributor who made contributions of a total amount of more than $100 for third party election advertising purposes during the period referred to in clause (a), their name, address and class, and the amount and date of each contribution;

(c) the amount, other than an amount of a contribution referred to in clause (a), that was paid out of the third party's own funds for third party election advertising expenses.

Same

(5) If the chief financial officer is unable to identify which contributions were received for third party election advertising purposes during the period referred to in clause (4) (a), the third party election advertising report shall list the names and addresses of every contributor who donated a total of more than $100 to the third party during that period.

Classes of contributors

(6) For the purposes of clauses (4) (a) and (b), the following are the classes of contributors:

1. Individuals.

2. Corporations.

3. Trade unions.

Bills, receipts

(7) A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to a third party election advertising expense that is in an amount of more than $50.

Auditor's report

37.13 (1) The third party election advertising report of a third party that incurs $5,000 or more in third party election advertising expenses shall include a report made under subsection (2).

Same

(2) The third party's auditor shall report on the third party election advertising report and shall make any examination that will enable the auditor to give an opinion in the auditor's report as to whether the third party election advertising report presents fairly the information contained in the accounting records on which it is based.

Statement

(3) An auditor shall include in the auditor's report any statement that the auditor considers necessary, when,

(a) the third party election advertising report that is the subject of the auditor's report does not present fairly the information contained in the accounting records on which it is based;

(b) the auditor has not received all the required information and explanations from the third party; or

Right of access

(4) The auditor shall have access at any reasonable time to all the documents of the third party, and may require the third party to provide any information or explanation that, in the auditor's opinion, is necessary to enable the auditor to prepare the report.

33. The Act is amended by adding the following section:

Failure to file third party election advertising report

46.0.1 If the chief financial officer of a third party knowingly contravenes section 37.12,

(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 third party is also guilty of an offence and on conviction is liable to a fine of $50 for each day that the default continues.

34. Section 48 of the Act is amended by striking out "political party or constituency association" and substituting "political party, constituency association or third party".

35. Section 52 of the Act is repealed and the following substituted:

Style of prosecution

52. A prosecution for an offence under this Act may be instituted against a political party, constituency association, trade union or third party in its own name and, for the purposes of the prosecution, the political party, constituency association, trade union or third party is deemed to be a person.

Vicarious responsibility

52.1 Anything done or omitted by an officer, official or agent of a political party, constituency association, trade union or third party within the scope of his or her authority to act on its behalf is deemed to be a thing done or omitted by the political party, constituency association, trade union or third party.

Amendments to Electoral System Referendum Act, 2007

36. (1) Item 4 of Table 1 of the Electoral System Referendum Act, 2007 is amended by striking out "47 (3) (b) and (5) (d)" and substituting "47.2 (1) (b) and (4) (d)".

(2) Item 9 of Table 2 of the Act is amended by striking out "47 (2)" and substituting "47 (5)".

Miscellaneous Amendments

Bill 62 – Election Statute Law Amendment Act, 2006

37. (1) This section applies only if Bill 62 (Election Statute Law Amendment Act, 2006), introduced on February 16, 2006, receives Royal Assent.

(2) References in this section to provisions of Bill 62 are references to those provisions as they were numbered in the first reading version of the Bill.

(3) On the later of the day this section comes into force and the day Bill 62 receives Royal Assent, subsection 34 (2) of the Election Act, as re-enacted by section 19 of this Act, is amended by adding the following paragraphs:

5. The official name of the registered party that endorses the candidate shall be shown after his or her name if,

i. a statement of endorsement signed by the party leader is filed as described in section 28.1, and

ii. before 2 p.m. on the day following the day set for the close of nominations, the party is registered with the Chief Electoral Officer under the Election Finances Act.

6. If the registered party has an official name in both English and French, both versions of the name shall be shown.

7. If, after the statement of endorsement is filed under subparagraph 5 i, the registered party is deregistered under subsection 12 (2) or (2.1) of the Election Finances Act, its name shall not be shown on the ballot.

8. At the candidate's request, the words "Independent/Indépendant" shall be shown after his or her name, if no statement of endorsement was filed.

(4) On the later of the day this section comes into force and the day Bill 62 receives Royal Assent, the English version of subsection 10 (2) of the Election Finances Act, as re-enacted by subsection 1 (1) of Bill 62, is amended by striking out "Chief Election Officer" wherever it appears and substituting in each case "Chief Electoral Officer".

(5) On the later of the day this section comes into force and the day Bill 62 receives Royal Assent, the English version of subsection 10 (6.1) of the Election Finances Act, as enacted by subsection 1 (3) of Bill 62, is amended by striking out "Chief Election Officer" and substituting "Chief Electoral Officer".

(6) On the later of the day this section comes into force and the day Bill 62 receives Royal Assent, the English version of subsection 12 (2) of the Election Finances Act, as re-enacted by subsection 1 (4) of Bill 62, is amended by striking out "Chief Election Officer" wherever it appears and substituting in each case "Chief Electoral Officer".

(7) On the later of the day this section comes into force and the day Bill 62 receives Royal Assent, the English version of subsection 12 (2.1) of the Election Finances Act, as enacted by subsection 1 (4) of Bill 62, is amended by striking out "Chief Election Officer" and substituting "Chief Electoral Officer".

Schedule 10 to Bill 187 – Budget Measures and Interim Appropriation Act, 2007

38. (1) This section applies only if Schedule 10 to Bill 187 (Budget Measures and Interim Appropriation Act, 2007), introduced on March 22, 2007, comes into force.

(2) References in this section to provisions of Bill 187 are references to those provisions as they were numbered in the first reading version of the Bill.

(3) If this section comes into force before Schedule 10 to Bill 187 comes into force, section 2 of Schedule 10 to Bill 187 does not apply.

Schedule 11 to Bill 187 – Budget Measures and Interim Appropriation Act, 2007

39. (1) This section applies only if Schedule 11 to Bill 187 (Budget Measures and Interim Appropriation Act, 2007), introduced on March 22, 2007, comes into force.

(2) References in this section to provisions of Bill 187 are references to those provisions as they were numbered in the first reading version of the Bill.

(3) On the later of the day this section comes into force and the day Schedule 11 to Bill 187 comes into force, subsection 34 (2) of the Election Act, as re-enacted by section 19 of this Act, is amended by adding the following paragraphs:

5. The official name of the registered party that endorses the candidate shall be shown after his or her name if,

i. a statement of endorsement signed by the party leader is filed as described in section 28.1, and

ii. before 2 p.m. on the day following the day set for the close of nominations, the party is registered with the Chief Electoral Officer under the Election Finances Act.

6. If the registered party has an official name in both English and French, both versions of the name shall be shown.

8. At the candidate's request, the words "Independent/Indépendant" shall be shown after his or her name, if no statement of endorsement was filed.

(4) On the later of the day this section comes into force and the day Schedule 11 to Bill 187 comes into force, the English version of subsection 10 (2) of the Election Finances Act, as re-enacted by subsection 1 (1) of Schedule 11 to Bill 187, is amended by striking out "Chief Election Officer" wherever it appears and substituting in each case "Chief Electoral Officer".

(5) On the later of the day this section comes into force and the day Schedule 11 to Bill 187 comes into force, the English version of subsection 10 (6.1) of the Election Finances Act, as enacted by subsection 1 (3) of Schedule 11 to Bill 187, is amended by striking out "Chief Election Officer" and substituting "Chief Electoral Officer".

(6) On the later of the day this section comes into force and the day Schedule 11 to Bill 187 comes into force, the English version of subsection 12 (2) of the Election Finances Act, as re-enacted by section 2 of Schedule 11 to Bill 187, is amended by striking out "Chief Election Officer" wherever it appears and substituting in each case "Chief Electoral Officer".

(7) On the later of the day this section comes into force and the day Schedule 11 to Bill 187 comes into force, the English version of subsection 12 (2.1) of the Election Finances Act, as enacted by section 2 of Schedule 11 to Bill 187, is amended by striking out "Chief Election Officer" and substituting "Chief Electoral Officer".

Amendments in Table Form

Adjustment of titles

Chief Electoral Officer

40. (1) The English version of the provisions referred to in Table 1 of this Act is amended by striking out "Chief Election Officer" wherever it appears and substituting in each case "Chief Electoral Officer".

Arrangement of Table 1

(2) In Table 1,

(a) Column I sets out the chapter numbers of the Acts that are being amended;

(b) Column II names the Acts that are being amended;

Commencement and Short Title

Commencement

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

Short title

42. The short title of this Act is the Election Statute Law Amendment Act, 2007.

Table 1/Tableau 1

I	II	III
Chapter Chapitre	Act Loi	Provision Disposition
C.40	Corporations Tax Act Loi sur l'imposition des sociétés	36 (2), definition of "recorded agent" 36 (2), définition de «agent désigné»
		36 (2), definition of "registered candidate" 36 (2), définition de «candidat inscrit»
E.6	Election Act Loi électorale	1, definition of "prescribed" 1, définition de «prescrit»
		1, definition of "registered candidate" 1, définition de «candidat inscrit»
		1, definition of "registered party" 1, définition de «parti inscrit»
		4 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10)
		7 (4), (6), (8), (9), (11)
		9.1 (6)
		11 (3)
		12 (1), (2)
		13 (5)
		17.1 (1), (2)
		17.1 (3), paragraph 3 17.1 (3), disposition 3
		17.1 (4), (5)
		17.2
		17.3 (1) (a), (2), (3)
		17.5
		17.6 (2), (3)
		17.8 (1) (d), (e)
		17.9
		17.13
		18 (3.3)
		19 (1), (2), (5)
		21 (2), (3)
		27 (5.1), (8), (9), (12) (b)
		28
		30 (2) (a)
		31 (1)
		33 (1), (2), (3)
		35 (1), (3)
		36 (1), (2)
		37 (1)
		46 (3)
		55.1 (1), (2)
		63
		64
		69
		81 (1), (2), (3)
		82 (1), (3)
		83
		84 (1), (2)
		85 (1), (2)
		86 (1), (2), (2.1)
		87
		88
		89
		94 (g)
		99 (3), (4), (5), (6)
		101 (1), (2), (3)
		112 (a)
		113 (2), (3)
		114 (1), (1.1)
		114 (1), as re-enacted by 2006, c. 35, Sched. C, s. 30 (1) 114 (1), tel qu'il est réédicté par le par. 30 (1) de l'ann. C du chap. 35 de 2006
		114 (1.0.1), as enacted by 2006, c. 35, Sched. C, s. 30 (1) 114 (1.0.1), tel qu'il est édicté par le par. 30 (1) de l'ann. C du chap. 35 de 2006
		115 (1), (2), (3), (4)
		116 (1), (2), (3), (4)
		116 (1), as re-enacted by 2006, c. 35, Sched. C, s. 30 (2) 116 (1), tel qu'il est réédicté par le par. 30 (2) de l'ann. C du chap. 35 de 2006
		116 (1.1), (1.2), as enacted by 2006, c. 35, Sched. C, s. 30 (2) 116 (1.1), (1.2), tels qu'ils sont édictés par le par. 30 (2) de l'ann. C du chap. 35 de 2006
		117 (1), (2), (3), (4)
		117 (1), (2), (3), (5), as re-enacted by 2006, c. 35, Sched. C, s. 30 (3) 117 (1), (2), (3), (5), tels qu'ils sont réédictés par le par. 30 (3) de l'ann. C du chap. 35 de 2006
E.7	Election Finances Act Loi sur le financement des élections	1 (1), clause (k) of definition of "campaign expense" 1 (1), alinéa k) de la définition de «dépenses liées à la campagne électorale»
		1 (1), definition of "Chief Election Officer" 1 (1), définition de «directeur général des élections»
		1 (4) (c), (f), (g)
		2 (1), (4), (5)
		3
		6
		7 (1), (1.1), (2)
		8
		10 (2), (3), (4), (5), (6), (7), (8)
		11 (2), (3), (4)
		12 (1), (2), (3), (4), (4.1), (4.2), (4.3), (6), (7), (9)
		13 (1), (3), (5), (6), (7)
		14 (2), (3), (4), (6)
		15 (1), (2), (3)
		16 (3)
		17 (2)
		20
		23 (2)
		24
		25 (1), (2)
		27
		32
		33 (1), (2), (3), (4) (d)
		34.1 (3), (4), (8) (b), (c)
		35 (2)
		37 (5)
		38 (3.2)
		39 (1) (c)
		40 (1), (2), (7)
		40.1 (2)
		41 (1)
		42 (1), (3)
		43 (1), (2), (3)
		44 (1), (3) (a), (5) (b), (6), (7), (7.1)
		44.1 (2), (3), (5), (7), (8), (9), (11), (12)
		45
		50
		53 (1), (2)
		54 (2), (3)
1	Electoral System Referendum Act, 2007 Loi de 2007 sur le référendum relatif au système électoral	7 (1), paragraphs 3, 4, 5, 7 7 (1), dispositions 3, 4, 5, 7
		12 (1), (2), (3)
		13 (1), (2)
		14 (1), (2)
		15
		16 (2), (7), (8)
		18 (2), (3), (7)
		19 (1) (a), (b), (c), (j)
		Table 2, items 1, 3, 27, 29 Tableau 2, numéros 1, 3, 27, 29
F.12	Financial Administration Act Loi sur l'administration financière	11.4 (2), paragraph 4 11.4 (2), disposition 4
F.22	Fluoridation Act Loi sur la fluoration	1, definition of "Chief Election Officer" 1, définition de «directeur général des élections»
		5 (3)
I.2	Income Tax Act Loi de l'impôt sur le revenu	8 (1), definition of "recorded agent" 8 (1), définition de «agent désigné»
		8 (9.3) (a)
L.10	Legislative Assembly Act Loi sur l'Assemblée législative	18
		19 (3)
		20
		22
		25 (1), (2)
		26 (1)
		27 (1)
32	Municipal Elections Act, 1996 Loi de 1996 sur les élections municipales	8.1 (6), (7), (8), (9), (10)
7	Taxpayer Protection Act, 1999 Loi de 1999 sur la protection des contribuables	1, definition of "campaign organizer" 1, définition de «organisateur de campagne»
		1, definition of "Chief Election Officer" 1, définition de «directeur général des élections»
		4 (1), (4), (5), (6), (7), (8)
		7 (1), (2)
		8 (3), paragraph 2 8 (3), disposition 2
		11 (1), (2), (5), (7), (8), (9), (10), (11)
		15 (5)
		16 (1)
		17
		20

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 218 and does not form part of the law. Bill 218 has been enacted as Chapter 15 of the Statutes of Ontario, 2007.

The Bill amends the Election Act and the Election Finances Act and makes related amendments to other statutes.

The following is a summary of the amendments to the Election Act:

The English titles of the Chief Election Officer and Assistant Chief Election Officer are changed to "Chief Electoral Officer" and "Deputy Chief Electoral Officer". Complementary amendments are made to other statutes.

New section 4.0.1 gives the Chief Electoral Officer the powers of a Commission under Part II of the Public Inquiries Act for the purpose of carrying out investigations and examinations under the Act. New section 4.0.2 requires the Chief Electoral Officer to report to the Attorney General any apparent contraventions of the Act.

Section 4.1, which allows the Chief Electoral Officer to test alternative voting methods and equipment at by-elections if authorized by an all-party agreement, is rewritten to permit the Chief Electoral Officer to proceed without such an agreement. The Chief Electoral Officer issues a detailed direction, which is provided to the Speaker and the leaders of the registered parties and posted on the Internet.

Amendments are made throughout the Act to enhance identification requirements at various stages of the electoral process. The Chief Electoral Officer is required to post on the Internet information about what documents constitute appropriate identification. (Section 4.2 of Act)

The Chief Electoral Officer's existing practice of consulting with an advisory committee representing all the registered parties is codified in new section 4.3.

Section 13 is amended to clarify the criteria that govern the selection of polling locations.

Section 17.1.1 is added, requiring the Chief Electoral Officer to establish and maintain an electronic system to allow electors to verify and confirm information about themselves in the permanent register of electors. Existing section 15.1, dealing with electors' applications to have their names added to or removed from the register, is rewritten as section 17.1.2.

Additional techniques are made available for the updating of the permanent register of electors. Section 17.14 is added, requiring the Chief Electoral Officer to conduct targeted registration programs in the years in which regular general elections are to be held under subsection 9 (2) of the Act.

Section 18.3, dealing with applications to be added to the voters' list on polling day, is rewritten as section 47.1.

Section 28.1, dealing with the endorsement of candidates by registered parties, is added.

Section 32 is amended to ensure that scrutineers in a by-election need not reside in the electoral district where the by-election is being held in order to be able to challenge an elector's right to vote.

Section 34, dealing with the form of the ballot, is rewritten for greater clarity. The only change of substance is that the name of the registered party that endorses a candidate (as described in section 28.1) will also appear on the ballot. A candidate who is not endorsed by a registered party is entitled to have the words "Independent/Indépendant" appear on the ballot.

Existing section 40 requires that the polls be open for voting during an 11-hour period; this is extended to 12 hours.

Section 44, which deals with advance polls, is rewritten to provide for 13 advance polling days in regular general elections held under subsection 9 (2) of the Election Act. In by-elections and in general elections that are not held under subsection 9 (2) of the Election Act, there will continue to be six advance polling days.

Section 47, which deals with procedure at the polling place on polling day, is rewritten and clarified.

The Chief Electoral Officer is required to have a survey of electors conducted after each general election and to include the results in the annual report that is to be made under section 114.3. (Section 67.1 of Act)

New section 98.1 provides that the Chief Electoral Officer's consent is required for prosecutions under the Act and imposes a two-year limitation period.

New section 114.1 authorizes the Chief Electoral Officer to implement public education and information programs and provide the public with information about the electoral process. Also included is a requirement for a program of public education in preparation for the referendum that is to take place in October, 2007 under the Electoral System Referendum Act, 2007.

New section 114.2 requires the Chief Electoral Officer to provide information packages for new electors to school boards, for distribution to students who have reached voting age or will soon do so.

New section 114.3 provides for an annual report to the Speaker of the Assembly.

The following is a summary of the amendments to the Election Finances Act:

Section 37 of the Act provides for two blackout periods during which no political advertising is permitted: first, the period that begins when the writ is issued and ends on the 22nd day before polling day, and second, polling day and the day before polling day. Section 37 is amended to eliminate the first blackout period with respect to regular general elections held under subsection 9 (2), so that in those elections political advertising will be prohibited only on polling day and the day before polling day. In by-elections and in general elections that are not held under subsection 9 (2), political advertising will continue to be prohibited in both blackout periods.

The Act is amended to regulate political advertising by third parties during election periods, imposing registration and reporting requirements. Sections 37.1 to 37.13 and section 46.0.1 are added, and related amendments are made to other provisions of the Act.

[38] Bill 218 As Amended by Standing Committee (PDF)

Bill 218 2007

An Act to amend the Election Act and the Election Finances Act and make related amendments to other Acts