[38] Bill 62 Original (PDF)
Bill 62 2006
An Act to amend the
Election Finances Act and
the Legislative Assembly Act
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:
1. (1) Subsection 10 (2) of the Election Finances Act is repealed and the following substituted:
Qualifications for registration
(2) Any political party may apply to the Chief Election Officer for registration in the register of political parties if the political party,
(a) after writs are issued for a general election or for two or more concurrent by-elections, endorses candidates in at least two electoral districts; or
(b) at any time other than during a campaign period and within one year after the Chief Election Officer makes a determination under subsection (7) that the name of the political party and the abbreviation thereof, if any, is registrable, provides the Chief Election Officer with the names, addresses and signatures of at least 1,000 persons who,
(i) are eligible to vote in an election, and
(ii) endorse the registration of the political party concerned.
(2) Subsection 10 (3) of the Act is amended by striking out "and" at the end of clause (i), by adding "and" at the end of clause (j) and by adding the following clause:
(k) a statement, attested to by the leader of the party, that participating in public affairs by endorsing candidates and supporting their election is a fundamental purpose of the party.
(3) Section 10 of the Act is amended by adding the following subsection:
Annual statement of purpose
(6.1) On or before May 31 in each year, the registered party shall file with the Chief Election Officer a statement, attested to by the leader of the party, that participating in public affairs by endorsing candidates and supporting their election is a fundamental purpose of the party.
(4) Subsection 12 (2) of the Act is repealed and the following substituted:
Discretionary deregistration
(2) The Chief Election Officer may deregister,
(a) a registered party,
(i) that fails to comply with subsection 10 (6) or 33 (3),
(ii) that fails to comply with the filing requirement in subsection 10 (6.1),
(iii) that fails, in the Chief Election Officer's opinion, to participate in public affairs in accordance with the statement referred to in clause 10 (3) (k) or subsection 10 (6.1), or
(iv) whose chief financial officer fails to comply with section 41 or 42; or
(b) a registered constituency association that fails to comply with subsection 11 (4) or 33 (3) or whose chief financial officer fails to comply with section 41 or 42.
Mandatory deregistration
(2.1) If fewer than two of a registered party's registered constituency associations nominate candidates at a general election, the Chief Election Officer shall promptly deregister the party and shall send the party notice of the deregistration, by registered mail.
(5) Paragraph 5 of subsection 38 (3.3) of the Act is repealed and the following substituted:
5. Thunder Bay-Superior North.
2. Subsection 67 (6) of the Legislative Assembly Act is amended by striking out "Thunder Bay-Nipigon" in the portion before paragraph 1 and substituting "Thunder Bay-Superior North".
Commencement
3. This Act comes into force on the day it receives Royal Assent.
Short title
4. The short title of this Act is the Election Statute Law Amendment Act, 2006.
EXPLANATORY NOTE
Currently, the Election Finances Act provides that a political party may apply to the Chief Election Officer to be registered if it has candidates in at least 50 per cent of electoral districts in a general election or, alternatively, provides with its application the signatures of 10,000 voters. These requirements are modified so that a party may apply to be registered if it has candidates in at least two electoral districts in a general election (or in two or more concurrent by-elections) or provides the signatures of 1,000 voters. (Subsection 1 (1) of Bill; subsection 10 (2) of Election Finances Act)
The Act currently provides that one of the reasons for which the Chief Election Officer may deregister a party is its failure to have any candidates at a general election. This element is rewritten so that the Chief Election Officer is required to deregister the party if it does not have candidates in at least two electoral districts in a general election. (Subsection 1 (4) of Bill; subsection 12 (2.1) of Election Finances Act)
The list of matters to be included in a party's application for registration is expanded to include a statement, attested to by the leader of the party, that participating in public affairs by endorsing candidates and supporting their election is a fundamental purpose of the party. Each registered party is required to file a similar statement annually. The Chief Election Officer may deregister a party that fails, in his or her opinion, to participate in public affairs in accordance with the statement. (Subsections 1 (2), (3) and (4) of Bill; clause 10 (3) (k), subsection 10 (6.1) and subsection 12 (2.1) of Election Finances Act)
The electoral district of Thunder Bay-Superior North is incorrectly referred to as "Thunder Bay-Nipigon" in subsection 38 (3.3) of the Election Finances Act and in subsection 67 (6) of the Legislative Assembly Act. The Bill corrects both references.