Bill 152 2013

An Act to amend the Municipal Elections Act, 1996

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

   1.  Subsection 6 (1) of the Municipal Elections Act, 1996 is amended by striking out "December 1" and substituting "the second Monday in November".

   2.  Subsection 56 (2) of the Act is amended by striking out "15" and substituting "seven".

   3.  (1)  Subsection 57 (1) of the Act is amended by striking out "30" in the portion before clause (a) and substituting "10".

   (2)  Subsection 57 (2) of the Act is amended by striking out "15" and substituting "seven".

   4.  (1)  Subsection 58 (2) of the Act is amended by striking out "30" and substituting "10".

   (2)  Subsection 58 (4) of the Act is amended by striking out "15" and substituting "seven".

   5.  Subsection 62 (4) of the Act is amended by striking out "16th" and substituting "eighth".

   6.  Subsection 63 (1) of the Act is amended by striking out "15" and substituting "seven".

   7.  (1)  Subsections 80 (1) to (3) of the Act are repealed and the following substituted:

Additional penalties

   (1)  If a document filed under section 78 shows on its face that a candidate has incurred expenses exceeding what is permitted under section 76, the following penalties apply in addition to any other penalty that may be imposed under this Act:

    1.  Until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies.

    2.  The candidate forfeits any office to which he or she was elected and the office is deemed to be vacant.

Same

   (2)  A candidate is subject to the penalties listed in subsection (3), in addition to any other penalty that may be imposed under this Act,

  (a)  if he or she fails to file a document as required under section 78 or 79.1 by the relevant date;

  (b)  if a document filed under section 78 shows on its face a surplus, as described in section 79, and the candidate fails to pay the amount required by subsection 79 (4) to the clerk by the relevant date; or

   (c)  if a document filed under section 79.1 shows on its face a surplus and the candidate fails to pay the amount required by subsection 79.1 (7) by the relevant date.

Same

   (3)  The following applies in the case of a default described in subsection (2):

    1.  The clerk shall notify the candidate and the council or board in writing that the default has occurred.

    2.  The candidate shall file the document referred to in clause (2) (a) or pay the amount referred to in clause (2) (b) or (c), within 60 days after the notice referred to in paragraph 1 is given to the candidate.

    3.  If the candidate fails to file the document or pay the amount within 60 days,

            i.  until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies, and

           ii.  the candidate forfeits any office to which he or she was elected and the office is deemed to be vacant.

   (2)  Subsection 80 (6) of the Act is repealed and the following substituted:

Effect of extension

   (6)  If the court grants an extension under subsection (4), the notice referred to in paragraph 1 of subsection (3) shall not be sent until the expiry of the extension.

   8.  Subsection 81 (3) of the Act is amended by striking out "or" at the end of clause (c), adding "or" at the end of clause (d) and by adding the following clause:

  (e)  if applicable, the date for complying with paragraph 2 of subsection 80 (3).

   9.  (1)  Subsection 92 (5) of the Act is amended by striking out "subsection 80 (2)" in the portion before clause (a) and substituting "subsection 80 (1) or (3)".

   (2)  Subsection 92 (6) of the Act is amended by striking out "subsection 80 (2)" and substituting "subsection 80 (1) or (3)".

   10.  Paragraph 2 of subsection 94.1 (1) of the Act is amended by striking out "subsection 80 (2)" at the end and substituting "subsection 80 (1) or (3)".

Commencement

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

Short title

   12.  The short title of this Act is the Functioning Municipal Councils Act, 2013.

EXPLANATORY NOTE

The Bill amends the Municipal Elections Act, 1996 to change the date on which the term of offices governed by the Act begins, from December 1 to the second Monday in November, in the year of a regular election. The timeframe within which recounts of votes must be completed is also reduced.

The Act is also amended to change the penalties for candidates who incur campaign expenses exceeding the permitted amount, who fail to file the required documents regarding campaign finances or who fail to pay amounts required in relation to campaign surpluses. If a candidate incurred expenses exceeding the permitted amount, the candidate forfeits any office to which he or she is elected and is ineligible to be elected or appointed to office until after the next election. For the other defaults respecting campaign finances, the candidate is given 60 days to comply with the filing or payment requirement. Failure to comply results in forfeiture of the office and ineligibility to be elected or appointed to office until after the next election.