Bill 126, Referendum Act, 2015

Versions

Bill 126 2015

An Act to provide for citizen-initiated referenda to require the introduction of legislation

CONTENTS
Definitions
1.	Definitions
Petition
2. 3. 4. 5. 6.	Application Issuance of petition Return of petition Canvassers Determination
Petition Campaign Financing
7. 8. 9. 10. 11.	Application of Election Finances Act Registration of campaign organizers Chief financial officer Petition campaign contributions Limit on petition campaign contributions
Referendum
12. 13. 14. 15. 16.	Effect of referendum Application of Election Act Referendum ballot Who to be present at recount Other modifications to Election Act
Role of Chief Electoral Officer
17. 18. 19. 20.	Powers and duties of Chief Electoral Officer Investigation and examination Information Forms
Offences
21. 22. 23.	General offence Offences, referendum campaign Offences, voting in referendum
Administration of Act
24. 25.	Powers of Chief Electoral Officer Expenses of Act
Regulations
26.	Regulations
Commencement and Short Title
27. 28.	Commencement Short title
Table 1	Special rules relating to scrutineers (section 16)
Table 2	Other special rules (section 16)
______________

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

Definitions

1. In this Act,

"chief financial officer" means the chief financial officer of a registered campaign organizer who acts as such or is appointed as such under section 9; ("directeur des finances")

"electoral district" and "general election" have the same meaning as in the Election Act; ("circonscription électorale", "élection générale")

"petition" means a petition that the Chief Electoral Officer issues under section 3; ("pétition")

"petition campaign advertising" means advertising designed for the purpose of promoting a particular result on a petition, but does not include genuine news reporting; ("publicité de campagne de pétition")

"petition campaign contribution" means a contribution to a campaign to promote a particular result on a petition, but does not include anything that would not be a contribution within the meaning of the Election Finances Act if it were made to a candidate as defined in that Act; ("contribution de campagne de pétition")

"petition campaign expense" means expenses incurred by or on behalf of a registered campaign organizer to promote a particular result on a petition, but does not include any expense that would not be a campaign expense within the meaning of the Election Finances Act if it were incurred by or on behalf of a candidate as defined in that Act; ("dépense de campagne de pétition")

"petition period" means the period starting on the day on which the Chief Electoral Officer issues a petition and ending on the earlier of,

(a) the 60th day after the day on which the Officer issued the petition, and

(b) the day on which the petition is returned to the Officer under clause 4 (1) (c); ("période de pétition")

"proponent" means the registered voter to whom a petition is issued; ("promoteur")

"referendum" means a referendum held under a writ issued under subsection 6 (4); ("référendum")

"referendum ballot" means the ballot described in section 14; ("bulletin de vote référendaire")

"referendum campaign organizer" means a person or body who organizes a campaign to promote a particular result in a referendum or advertises for that purpose; ("organisateur de campagne référendaire")

"referendum question" means the question that is set out in a petition; ("question référendaire")

"registered petition campaign organizer" means a person or body registered as a petition campaign organizer under section 8; ("organisateur de campagne de pétition inscrit")

"registered referendum campaign organizer" means a referendum campaign organizer who is registered in accordance with the regulations; ("organisateur de campagne référendaire inscrit")

"registered voter" means a person who is registered as an elector on the permanent register of electors under section 17.1 of the Election Act; ("électeur inscrit")

"regulations" means the regulations made under this Act. ("règlements")

Petition

Application

2. (1) A registered voter may apply to the Chief Electoral Officer for the issuance of a petition.

Contents of application

(2) The application for the issuance of a petition shall contain,

(a) the name and residential address of the applicant and the person who has agreed in writing to act as the applicant's chief financial officer;

(b) a statement, not exceeding 250 words, setting out a referendum question;

(d) all other information that is specified by the regulations.

Referendum question

(3) A referendum question shall call for a Yes or a No vote on a question that falls within the constitutional competence of the Legislative Assembly of Ontario.

Fee

(4) The application for the issuance of a petition shall be accompanied by the processing fee specified by the regulations.

Issuance of petition

3. (1) If satisfied that the requirements of section 2 have been met, the Chief Electoral Officer shall issue the petition to the applicant in the form specified by the regulations, notify the Speaker and publish the petition in The Ontario Gazette.

Inspection of petition

(2) Once a petition has been issued, the public may inspect it at the office of the Chief Electoral Officer during regular office hours.

No further petitions until determination

(3) Once a petition has been issued, the Chief Electoral Officer shall not issue any other petition that, in the opinion of the Officer, deals with the same referendum question until the first petition has been the subject of a determination under section 6.

Return of petition

4. (1) A petition is invalid unless,

(a) every page of the petition sets out the referendum question and the name of the proponent;

(b) it is signed by the number of persons who, on the day of the issuance of the petition, are registered voters and who represent, for at least 10 electoral districts, at least 25 per cent of the total number of registered voters who voted in the electoral district in the last general election; and

Only one signature

(2) A person may sign any one petition only once.

Address and witness

(3) To be counted for the purpose of clause (1) (b), a signature on the petition shall be accompanied by the residential address of the person who signed and shall be witnessed by the person who canvassed for the signature.

Canvassers

5. (1) No person, other than a canvasser registered under this section, may canvass for signatures on a petition.

Registration

(2) A registered voter may apply, by providing his or her name and residential address, to the Chief Electoral Officer to be registered as a canvasser at any time after the Officer has issued the petition.

Inducements prohibited

(3) A registered canvasser shall not solicit or accept any valuable consideration for canvassing for signatures on a petition and a person shall not directly or indirectly pay, give, lend or procure any inducement for a person to register as a canvasser for signatures on a petition.

Producing identification

(4) A registered canvasser shall carry the identification issued by the Chief Electoral Officer and produce it to any person who requests to see it.

Access to permanent register of electors

(5) The Chief Electoral Officer shall allow a registered canvasser to have access to the permanent register for electors if the person provides a signed oath or affirmation that he or she will protect and maintain the confidentiality of the register.

Restrictions

(6) A registered canvasser shall not,

(a) knowingly make any false or misleading statements about the petition or the referendum question; or

(b) use information obtained while canvassing for signatures for any purpose other than for canvassing for signatures on the petition.

No alteration

(7) A registered canvasser shall not alter the names and addresses provided by the persons who sign a petition, except that if the person signing has made an error, the canvasser may strike out a signature and address for the purpose of having the person sign the petition correctly.

Determination

6. (1) Within 30 days of receiving a petition under clause 4 (1) (c), the Chief Electoral Officer shall determine, in accordance with subsection (2) and the regulations, if any, whether the petition meets the requirements of section 4 and whether the proponent has complied with sections 7 to 11.

Verification of signatures

(2) In determining whether the petition meets the requirements of section 4, the Chief Electoral Officer shall,

(a) verify that the persons who signed the petition meet the requirements of that section; and

(b) contact directly a random sample of the persons who signed the petition to verify that their signatures are valid.

Publication of determination

(3) The Chief Electoral Officer shall report the determination made to the proponent and the Speaker of the Legislative Assembly and shall promptly publish a notice of it in The Ontario Gazette.

Referendum required

(4) If the Chief Electoral Officer determines that the petition meets the requirements of section 4 and that the proponent has complied with sections 7 to 11, a writ shall be issued requiring that a referendum be held on the referendum question as soon as reasonably possible.

Petition Campaign Financing

Application of Election Finances Act

7. (1) Subject to subsections (4) and (5), sections 16, 17, 21 to 25, 28, 29, 31 and 32, subsection 33 (4) and sections 34, 34.1 and 35 of the Election Finances Act apply to registered petition campaign organizers, petition campaign contributions and petition campaign advertising.

Same, third party advertising

(2) Subject to subsections (4) and (5), sections 37.1 to 37.4 and 37.7 to 37.13 of the Election Finances Act apply to registered petition campaign organizers as if they were third parties within the meaning of that Act.

Same, auditors

(3) Subject to subsections (4) and (5), sections 40, 42 and 43 of the Election Finances Act apply to registered petition campaign organizers as if they were candidates registered under that Act.

Modifications

(4) The provisions of the Election Finances Act mentioned in subsections (1), (2) and (3) shall be read as if,

(a) references to a registered candidate were references to a registered petition campaign organizer;

(b) references to a campaign period, an election period or the period described in clause 37.9 (1) (a) of that Act were references to a petition period; and

(c) references to polling day were references to the day on which a petition is returned to the Chief Electoral Officer under clause 4 (1) (c).

Regulations

(5) The Lieutenant Governor in Council may make regulations specifying provisions of the Election Finances Act that do not apply to registered petition campaign organizers, petition campaign contributions or petition campaign advertising or specifying the modifications with which provisions of that Act are to apply to registered petition campaign organizers, petition campaign contributions or petition campaign advertising.

Registration of campaign organizers

8. (1) No person or body shall organize a campaign to promote a particular result on a petition unless the person or body has registered with the Chief Electoral Officer as a campaign organizer.

Same, advertising

(2) No person or body shall engage in petition campaign advertising unless the person or body has registered with the Chief Electoral Officer as a petition campaign organizer.

Exceptions

(3) A person or body is not required to be registered as a petition campaign organizer if,

(a) the person or body does not spend more than $1,000 on a campaign to solicit votes or promote a particular result on a petition and does not combine their money with that of other persons or bodies who spend more than $1,000 on a campaign to solicit votes or promote a particular result on a petition; or

(b) the only involvement of the person or body in a petition consists of broadcasting or publishing, in the ordinary course of business, advertisements to solicit votes or promote a particular result on a petition.

Contents of application

(4) An application for registration as a petition campaign organizer shall contain the information specified by the regulations and shall be accompanied by the application fee specified by the regulations.

Chief financial officer

(5) No person or body shall apply for registration as a petition campaign organizer until the person or body has a chief financial officer in accordance with section 9.

Registration

(6) The Chief Electoral Officer shall register an applicant as a campaign organizer upon receipt of the application and fee required by subsection (4) unless the name of the applicant so closely resembles the name of another registered petition campaign organizer that the two are likely to be confused.

(7) The Chief Electoral Officer shall maintain a register containing the names of all registered petition campaign organizers and the information set out in their respective applications for registration, together with all revisions that the Officer makes to the register.

Duty to notify

(8) A registered petition campaign organizer shall notify the Chief Electoral Officer within a reasonable time if there is any change to the information provided in the application for registration and the Officer shall revise the register accordingly.

Change of name

(9) If there is a change in the name of a registered petition campaign organizer, the Chief Electoral Officer shall not change the registered name of the organizer or revise the register if the changed name would so closely resemble the name of another registered petition campaign organizer that the two are likely to be confused.

Chief financial officer

9. (1) For the purposes of this Part, no registered petition campaign organizer shall accept any campaign contributions or incur any campaign expenses during a petition period unless,

(a) the organizer has an individual acting as chief financial officer as described in this section and has complied with subsection (5); or

(b) the organizer has appointed a chief financial officer in accordance with the Election Finances Act.

Qualifications

(2) A registered petition campaign organizer who is an individual may act as his or her own chief financial officer or may appoint another individual as chief financial officer.

Disqualification

(3) An individual is disqualified from acting as chief financial officer if the individual is,

(a) an election official or an individual who is otherwise a member of the staff of the Chief Electoral Officer;

(b) an individual who does not have full capacity to enter into contracts; or

(c) an individual who, at any time within the previous seven years, has been convicted of an offence under this Act or the Election Finances Act.

Appointment

(4) The appointment of a chief financial officer shall be made in writing and shall,

(a) include the name, mailing address and telephone number of the individual appointed and the effective date of the appointment; and

(b) be accompanied by,

(i) a signed consent of the individual appointed to act as chief financial officer, and

(ii) a signed statement of the individual appointed that he or she is not disqualified from acting as a chief financial officer.

Notice

(5) A registered petition campaign organizer that is required to have a chief financial officer shall deliver to the Chief Electoral Officer as soon as reasonably possible,

(a) a statement as to whether or not the organizer is acting as his or her own chief financial officer;

(b) if the organizer is not acting as his or her own chief financial officer, a copy of the appointment and the consent and statement mentioned in clause (4) (b); and

Change of financial officer

(6) If there is any change in who is the chief financial officer of a registered petition campaign organizer, the organizer shall, as soon as possible, notify the Chief Electoral Officer of the change by delivering a notice in accordance with subsection (5).

Petition campaign contributions

10. (1) After a petition is issued, no person or body shall accept a petition campaign contribution unless the person or body is, or is acting on behalf of, a registered petition campaign organizer.

No political contribution tax credit

(2) For greater certainty, a petition campaign contribution is not an eligible contribution for the purposes of subdivision f of Division B of Part III or section 102 of the Taxation Act, 2007.

Limit on petition campaign contributions

11. (1) No person or body shall contribute, in a petition period, more than $7,500, multiplied by the indexation factor determined under section 40.1 of the Election Finances Act, to any group of registered petition campaign organizers that promotes the same result on the petition.

Person's own funds

(2) If a person spends his or her own money on a campaign to promote a particular result on a petition, the money is deemed to be a petition campaign contribution.

Referendum

Effect of referendum

12. If at least 50 per cent of the valid referendum ballots cast in a referendum indicate a Yes answer to the referendum question, the government shall, as soon as reasonably possible,

(a) ensure that a regulation is made by the Lieutenant Governor in Council or a member of the Executive Council to implement the result, if it is legally possible to implement the result by way of such a regulation; or

(b) introduce legislation to implement the result otherwise.

Application of Election Act

13. (1) The Election Act applies to a referendum with necessary modifications, including the modifications set out in this Act, as if the referendum were a general election and as if the writ issued under subsection 6 (4) were a writ of election under that Act.

Same, no candidates

(2) If a referendum is held but not in conjunction with a general election, references in the Election Act to candidates do not apply to the referendum.

Referendum ballot

14. A referendum ballot shall be separate from the ballot used for the conduct of an election of members to the Assembly, and the following provisions apply to the referendum ballot instead of sections 34 and 35 of the Election Act:

1. The referendum question shall be printed on the referendum ballot in both English and French.

2. The referendum question and the outline of the circle in which the registered voter makes a mark to indicate his or her answer shall be printed in black and the rest of the face of the referendum ballot shall be the natural colour of the ballot paper.

3. The back of the referendum ballot shall have a distinguishing feature determined by the Chief Electoral Officer.

4. The referendum ballots shall be numbered consecutively on the stubs and shall be stapled or stitched into units as determined by the Chief Electoral Officer.

5. The Chief Electoral Officer shall ensure that a sufficient number of referendum ballots for each electoral district is printed on the approved paper.

6. The back of each referendum ballot shall show the name of the electoral district, the date of polling and the name of the printer.

7. The printer shall provide to the Chief Electoral Officer the affidavit prescribed under the Election Act as to the quantity of ballot paper received and its disposition, including the total number of referendum ballots printed and delivered to the Chief Electoral Officer.

Who to be present at recount

15. The following provisions apply, instead of subsection 73 (3) of the Election Act, to recounts with respect to a referendum:

1. The returning officer and the election clerk shall be present at the recount.

2. Each registered referendum campaign organizer who appointed a scrutineer in the electoral district is entitled,

i. to be represented by counsel,

ii. to have present at the recount, and to be represented by, the scrutineers whom the judge permits,

iii. to be present or to have a person designated by the organizer present at the recount, if the organizer is an individual, and

iv. to have a person designated by the organizer present at the recount, if the organizer is not an individual.

3. Other persons may be present at the recount if the judge permits.

4. No other person shall be present at the recount.

Other modifications to Election Act

16. Additional special rules for the application of the Election Act to a referendum are set out in Tables 1 and 2 of this Act.

Role of Chief Electoral Officer

Powers and duties of Chief Electoral Officer

17. (1) The Chief Electoral Officer,

(a) shall assist registered referendum campaign organizers in the preparation of reports required under this Act;

(b) shall examine all financial reports provided to the Officer under the regulations;

(d) may provide guidelines for the proper administration of this Act that the Officer considers necessary for the guidance of auditors, referendum campaign organizers and their officers; and

(e) shall publish on a website on the Internet,

(i) guidelines provided under clause (d),

(ii) directions given under subsection (2), and

(iii) reports provided by registered referendum campaign organizers.

Matters not provided for

(2) If, in the Chief Electoral Officer's opinion, a situation exists for which this Act and the regulations do not make provision, the Officer may make appointments or give directions as the Officer considers proper and anything done in compliance with the direction is not open to question.

Notice

(3) On giving a direction under subsection (2), the Chief Electoral Officer shall immediately give notice of it to each registered referendum campaign organizer.

Internet publication

(4) Information published under clause (1) (e) shall remain available for at least six years after the date of original publication.

Prohibition

(5) The addresses of contributors shall not be published under subclause (1) (e) (iii).

Investigation and examination

18. (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 section 33 of the Public Inquiries Act, 2009, which section applies to the investigation or examination as if it were an inquiry under that Act.

Right of entry

(2) Subject to subsection (3), for the purposes of an investigation or examination under this Act, a representative of the Chief Electoral Officer may, at any reasonable time, enter any premises in which the books, papers and documents of a referendum campaign organizer relevant to the subject-matter of the investigation or examination are kept, and may examine the books, papers and documents.

Duty to produce authorization

(3) A person who enters premises under subsection (2) shall produce the person's authorization to enter the premises and the authorization shall identify the premises.

Information

19. (1) If information with respect to the affairs of a referendum campaign organizer is reasonably necessary for the performance of the Chief Electoral Officer's duties under this Act, the Officer may request the information.

Same

(2) The referendum campaign organizer shall provide the information within 30 days after receiving a written request for it, or within the longer period fixed by the Chief Electoral Officer.

Forms

20. All applications, returns, statements, balance sheets and other documents required to be filed with the Chief Electoral Officer under the regulations shall be filed in the form prescribed by the Chief Electoral Officer.

Offences

General offence

21. Every person who contravenes any of the provisions of this Act, for which contravention no penalty is otherwise provided, is guilty of an offence and, on conviction, is liable to a fine of not more than $5,000.

Offences, referendum campaign

22. (1) No person or body shall knowingly contravene any provision of the regulations made under subsection 26 (2).

False statement

(2) No person or body shall knowingly make a false statement in any application, report or other document filed with the Chief Electoral Officer under this Act.

False information

(3) No person or body shall knowingly give false information to the chief financial officer of a referendum campaign organizer or to another person authorized to accept contributions.

Penalties

(4) A person or body who contravenes subsection (1), (2) or (3) is guilty of an offence and, on conviction, is liable to a fine of not more than,

(a) $5,000, in the case of an individual;

(b) $50,000, in the case of a corporation, trade union or other body.

Style of prosecution

(5) A prosecution for an offence under this Act may be instituted against a referendum campaign organizer that is not an individual in its own name and, for the purposes of the prosecution, the referendum campaign organizer is deemed to be a person.

Vicarious responsibility

(6) Any thing done or omitted by an officer, official or agent of a referendum campaign organizer within the scope of his or her authority to act on the organizer's behalf is deemed to be a thing done or omitted by the organizer.

Consent of Chief Electoral Officer

(7) No prosecution shall be instituted under this section without the Chief Electoral Officer's consent.

Limitation

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

Offences, voting in referendum

23. (1) No person shall,

(a) vote in a referendum if the person is not qualified to vote in accordance with the Election Act;

(b) vote in a referendum more than once; or

(c) vote in a referendum in an electoral district or polling division other than the one in which the person is entitled to vote under the Election Act.

Voting when not qualified, etc.

(2) This section applies, in respect of voting in a referendum, instead of section 90 of the Election Act.

Administration of Act

Powers of Chief Electoral Officer

24. (1) The Chief Electoral Officer may lease any premises and acquire any equipment and supplies that are necessary to properly carry out the Officer's responsibilities under this Act.

Assistance

(2) The Chief Electoral Officer may from time to time appoint persons with technical or special knowledge of any kind to assist him or her for a limited period of time, or in respect of a particular matter.

Expenses of Act

25. Any amounts payable by the Province of Ontario for services performed under this Act are payable out of the Consolidated Revenue Fund only if the Assembly by appropriation authorizes the payment of the amounts.

Regulations

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

(a) specifying anything in this Act that is described as being specified by the regulations or done in accordance with the regulations;

(b) specifying the qualifications required for registration as a petition campaign organizer.

Same, referendum and financing

(2) The Lieutenant Governor in Council may make regulations respecting and governing a referendum campaign and referendum campaign finances, including,

(a) prohibiting any person or body from organizing a campaign to promote a particular result in a referendum or advertising for that purpose unless the person or body is registered with the Chief Electoral Officer, subject to the exceptions that are specified in the regulations;

(b) governing applications to the Chief Electoral Officer for registration, including specifying criteria to be met for registration;

(c) requiring the Chief Electoral Officer to make information relating to registered referendum campaign organizers available to the public;

(d) governing contributions to referendum campaign organizers, including,

(i) prescribing what constitutes a contribution and, with respect to a contribution that is not in the form of money, prescribing how to determine its monetary value,

(ii) governing who may make contributions,

(iii) prescribing limits on contributions that may be made, accepted or solicited, or prescribing rules for calculating those limits,

(iv) requiring the return or other disposition of contributions that contravene the regulations, and

(v) specifying that a contribution is not an eligible contribution for the purposes of subdivision f of Division B of Part III or section 102 of the Taxation Act, 2007;

(e) governing loans and the provision of guarantees and collateral security to referendum campaign organizers;

(f) governing the use of funds by referendum campaign organizers, including prescribing spending limits;

(g) governing the return or other disposition of surplus funds held by referendum campaign organizers after referendum expenses have been paid;

(h) requiring registered referendum campaign organizers to appoint chief financial officers and auditors, governing the appointment of those persons and prescribing the powers and duties of those persons;

(i) specifying financial and other record-keeping requirements for referendum campaign organizers;

(j) requiring registered referendum campaign organizers to provide financial and other reports to the Chief Electoral Officer;

(k) governing advertising to promote a particular result in a referendum, including,

(i) specifying information to be included in advertisements,

(ii) specifying duties of broadcasters and publishers who broadcast or publish advertisements on behalf of others,

(iii) imposing a blackout period during which no advertising is permitted;

(l) providing for any other matter that is necessary or desirable to protect the integrity of a referendum and a referendum campaign;

(m) if a referendum is held in conjunction with a general election, specifying the provisions of this Act that do not apply to the referendum, specifying the provisions of this Act that apply to the referendum with specified modifications and specifying other rules that apply to the referendum.

Commencement and Short Title

Commencement

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

Short title

28. The short title of this Act is the Referendum Act, 2015.

Table 1
Special Rules relating to Scrutineers (Section 16)

Item	Provision of Election Act	Special rule for referendum
1.	Subsection 32 (1)	A registered referendum campaign organizer may appoint a person who is at least 16 years of age to be a scrutineer for an electoral district by filing a designation in writing with the returning officer at least five days before polling day. The Election Act applies to scrutineers appointed by registered referendum campaign organizers in the same way as to scrutineers appointed by candidates.
2.	Subsection 32 (2)	A scrutineer appointed by a registered referendum campaign organizer is not entitled to challenge an elector's right to vote.
3.	Subsection 42 (1)	Not more than one scrutineer for each registered referendum campaign organizer is permitted to remain in the polling place at any one time.
4.	Section 47.2	A scrutineer appointed by a registered referendum campaign organizer is not entitled to request a statutory declaration or make an objection.
5.	Subsection 57 (4)	A scrutineer appointed by a registered referendum campaign organizer is entitled to object to a referendum ballot.
6.	Subsection 58 (2)	A scrutineer appointed by a registered referendum campaign organizer may sign and seal an envelope containing referendum ballots.
7.	Section 60	The deputy returning officer shall provide a copy of the certificate in respect of the referendum to each scrutineer appointed by a registered referendum campaign organizer who is present. If none are present, the deputy returning officer shall forward the certificate to the returning officer in the poll return envelope.
8.	Subsection 62 (2)	A scrutineer appointed by a registered referendum campaign organizer may seal or sign the sealed poll return envelope or the sealed official tabulation envelope of referendum ballots.
9.	Subsection 65 (1)	Scrutineers appointed by registered referendum campaign organizers are entitled to be present at the official tabulation with respect to the referendum.

Table 2
Other Special Rules (Section 16)

Item	Provision of Election Act	Special rule for referendum
1.	Section 11	The notice of election shall include the referendum question which shall appear in both English and French.
2.	Section 29	The returning officer shall grant a poll for taking the votes in the referendum.
3.	Subsection 42 (6)	The prohibition also applies in respect of information about how an elector answers the referendum question.
4.	Subsection 42 (7)	The restriction also applies in respect of a person's answer to the referendum question.
5.	Subsection 48 (1)	The elector shall mark the circular space on the referendum ballot that corresponds to either the Yes or the No answer to the referendum question.
6.	Subsection 49 (2)	A referendum campaign organizer is not entitled to receive the list of certificates.
7.	Subsection 58 (1)	All accepted referendum ballots indicating the answer given to the referendum question and all unmarked, rejected, cancelled, declined and unissued referendum ballots shall be counted and sealed in separate envelopes by the deputy returning officer. The stubs of any referendum ballots issued shall be included in the envelope with the unissued referendum ballots.
8.	Section 60	The deputy returning officer shall complete a certificate in respect of the referendum.
9.	Section 66	The returning officer shall notify each registered referendum campaign organizer who appointed a scrutineer in the electoral district of any intended proceeding in respect of votes in the referendum and shall ascertain the total number of votes given for each referendum result.
10.	Section 67	The returning officer shall declare the total number of votes for each referendum result. If the difference between the two numbers is less than 25, the returning officer shall apply for a recount under section 71.
11.	Section 69	Notice of an application relating to the referendum shall be given to each registered referendum campaign organizer who appointed a scrutineer in the electoral district.
12.	Section 71	An application for a recount relating to the referendum may be made only by the returning officer or by an elector.
13.	Subsection 77 (2)	The returning officer shall declare the total number of votes for each referendum result. In the case of an equality of votes, there shall be no deciding vote.
14.	Subsection 78 (3)	On a recount relating to the referendum, if the judge makes no provision as to costs, the costs of the returning officer and election clerk shall be paid by the Province of Ontario at the applicable rates under section 112 of the Election Act.
15.	Subsection 80 (9)	On an appeal from a judge's decision in a recount relating to the referendum, if the judge makes no provision as to costs, the costs of the returning officer and election clerk shall be paid by the Province of Ontario at the applicable rates under section 112 of the Election Act.
16.	Section 81	The returning officer shall prepare a return of referendum results in a form provided by the Chief Electoral Officer. A copy of the return of referendum results shall be forwarded to each registered referendum campaign organizer who appointed a scrutineer in the electoral district. The returning officer shall send the return of referendum results, together with any reports under subsection 81 (2) of the Election Act, to the Chief Electoral Officer by registered mail.
17.	Section 82	An application may be made if the delay, neglect or refusal relates to the referendum result. In that case, the notice of application shall be served on each registered referendum campaign organizer who appointed a scrutineer in the electoral district.
18.	Subsection 99 (3)	An action to determine the validity of the referendum vote in an electoral district may be commenced only by an elector in the electoral district or by the Chief Electoral Officer.
19.	Section 107	If, in an action to determine the validity of the referendum vote in an electoral district, the judgment of the court declares the referendum void in the electoral district and provides for the holding of a new referendum vote in the electoral district, a writ for the new referendum vote in the electoral district shall be issued and addressed to the returning officer in the electoral district.

EXPLANATORY NOTE

The Bill enacts a new Act, the Referendum Act, 2015. The Act provides a process by which a person who is eligible to vote in an election of members to the Legislative Assembly, called a registered voter in the Act, can initiate a province-wide referendum on a question that falls within the constitutional competence of the Assembly.

A registered voter can apply to the Chief Electoral Officer at any time for the issuance of a petition, except if the Officer has previously issued a petition with respect to a question that, in the Officer's opinion, is the same as that under another petition that has been issued but not yet been returned to the Officer for a determination. A proponent of a petition has 60 days to return the petition to the Chief Electoral Officer with the signatures of persons who, on the day of the issuance of the petition, are registered voters and who represent, for at least 10 electoral districts, at least 25 per cent of the total number of registered voters who voted in the electoral district in the last general election. In that case, a writ is issued requiring that a referendum be held on the referendum question.

If at least 50 per cent of the valid referendum ballots cast in a referendum indicate a Yes answer to the referendum question, the government is required to take steps as soon as reasonably possible to implement the result. Those steps consist of ensuring that the Lieutenant Governor in Council or a member of the Executive Council makes a regulation, if it is legally possible to implement the result in that way, or otherwise introducing legislation.

The Act sets out requirements for the conduct of a campaign to gather the required signatures on a petition and restrictions on the financing of those campaigns. The Act also sets out requirements for the conduct of a referendum campaign and allows regulations made under the Act to set out restrictions on the financing of those campaigns.