Bill 181, Municipal Elections Modernization Act, 2016

McMeekin, Hon. Ted Minister of Municipal Affairs and Housing

Versions

Bill 181 2016

An Act to amend the Municipal Elections Act, 1996 and to make complementary amendments to other Acts

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

1. (1) Subsection 1 (1) of the Municipal Elections Act, 1996 is amended by adding the following definition:

"compliance audit committee" means, in relation to a municipality or local board, the committee established under section 88.37; ("comité de vérification de conformité")

(2) The definition of "fund-raising function" in subsection 1 (1) of the Act is amended by striking out "by or on behalf of a candidate" and substituting "by a candidate or under a candidate's direction".

(3) The definition of "fund-raising function" in subsection 1 (1) of the Act, as amended by subsection (2), is repealed and the following substituted:

"fund-raising function" means an event or activity,

(a) held by a candidate or under a candidate's direction for the purpose of raising funds for his or her election campaign, or

(b) held by a registered third party or under its direction for the purpose of raising funds in relation to third party advertisements; ("activité de financement")

(4) The definition of "prescribed" in subsection 1 (1) of the Act is repealed and the following substituted:

"prescribed" means prescribed by the Minister or, for references in section 41.1, prescribed by the Lieutenant Governor in Council; ("prescrit")

(5) Subsection 1 (1) of the Act is amended by adding the following definition:

"ranked ballot election" means, with respect to an office on the council of a municipality, an election authorized under subsection 41.1 (1); ("scrutin préférentiel")

(6) Subsection 1 (1) of the Act is amended by adding the following definitions:

"registered third party" means, in relation to an election in a municipality, an individual, corporation or trade union that is registered under section 88.6; ("tiers inscrit")

"restricted period for third party advertisements" means the period described in subsection 88.4 (2); ("période de restriction pour la publicité de tiers")

"third party advertisement" means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing,

(a) a candidate, or

(b) a "yes" or "no" answer to a question referred to in subsection 8 (1), (2) or (3),

but does not include an advertisement by or under the direction of a candidate or an advertisement described in subsection (2) or (2.1); ("publicité de tiers)

(7) Subsection 1 (2) of the Act is repealed and the following substituted:

Deemed exception, third party advertisement

(2) An advertisement is deemed not to be a third party advertisement for the purposes of this Act if the person or entity that causes the advertisement to appear in any broadcast, print, electronic or other medium incurs no expenses in relation to the advertisement.

Same

(2.1) An advertisement is deemed not to be a third party advertisement for the purposes of this Act when it is given or transmitted by an individual to his or her employees, by a corporation to its shareholders, directors, members or employees or by a trade union to its members or employees.

(8) Section 1 of the Act is amended by adding the following subsection:

Corporations deemed to be single corporation

(3) For the purposes of this Act, two or more corporations are deemed to be a single corporation,

(a) if one of the corporations controls the others, either directly or indirectly; or

(b) if all of the corporations are owned or controlled by the same person or group of persons, either directly or indirectly.

2. Paragraph 4 of subsection 2 (3) of the Act is amended by striking out "affidavit" and substituting "declaration".

3. Subparagraph 1 iii of section 3 of the Act is amended by adding "that has not passed a by-law authorizing the use of a ranked ballot election" at the end.

4. Subsection 4 (4) of the Act is amended by striking out "the Liquor Licence Board of Ontario" and substituting "the board of the Alcohol and Gaming Commission of Ontario".

5. Subsections 6 (4) and (5) of the Act are repealed.

6. Subsection 7 (3) of the Act is amended by adding the following paragraph:

3. When the clerk counts the votes or conducts a recount for a ranked ballot election for an upper-tier municipality, if the member of council of the upper-tier municipality is not also elected to the council of the lower-tier municipality within the upper-tier municipality.

7. (1) Subsection 8 (5.1) of the Act is amended by striking out "June 1" in the portion before clause (a) and substituting "May 1".

(2) Subsection 8 (5.2) of the Act is amended by striking out "June 1" and substituting "May 1".

(3) Section 8 of the Act is amended by adding the following subsection:

Expenses

(12) Nothing in this Act prevents a municipality or the clerk of a municipality from incurring expenses in respect of a question which are required or authorized by this Act to be incurred.

8. (1) Clause 8.1 (1) (a) of the Act is repealed and the following substituted:

(a) shall be passed on or before March 1 in the year of a regular election at which it is intended to submit the question to the electors;

(2) The English version of clause 8.1 (1) (c) of the Act is amended by striking out "repealed" and substituting "revoked".

9. Subsection 11.1 (4) of the Act is amended by striking out "by registered mail".

10. (1) Subsection 12 (3) of the Act is amended by adding "Subject to subsection (4)" at the beginning.

(2) Section 12 of the Act is amended by adding the following subsection:

Exception

(4) The power conferred by subsection (1) does not include the power to require a person, for the purposes of the procedure set out in subsection 52 (1), to furnish proof of identity and residence in addition to what is prescribed for the purposes of subparagraph 1 ii of subsection 52 (1).

11. Subsection 12.1 (2) of the Act is repealed and the following substituted:

Plan re barriers

(2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before voting day in a regular election.

Report

(3) Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public.

12. Section 14 of the Act is amended by striking out "under this Act and that is required to be signed" and substituting "under section 33, 44 or 88.6".

13. Section 17 of the Act is amended by adding the following subsection:

Status as tenant

(4) Despite the definitions of "owner or tenant" and "tenant" in subsection 1 (1), a regulation may specify circumstances in which a person is, and is not, considered to be a tenant for the purposes of clause (2) (a).

14. Section 18 of the Act is repealed and the following substituted:

Voting subdivisions

18. (1) On or before March 31 in each year in which there is a regular election, the clerk of each local municipality may divide the local municipality into voting subdivisions.

Notice to Municipal Property Assessment Corporation

(2) If the clerk acts under subsection (1), he or she shall, on or before March 31 in the year of the regular election, inform the Municipal Property Assessment Corporation of the boundaries of the voting subdivisions.

15. Section 19 of the Act is amended by adding the following subsection:

Same

(7) For greater certainty, if a municipality is divided into wards, an elector is entitled to vote only in the ward where he or she resides, even if the elector resides in one ward and is the owner or tenant of land in a different ward or is the spouse of an owner or tenant of land in a different ward.

16. Section 21 of the Act is repealed.

17. (1) Clause 23 (3) (e) of the Act is repealed.

(2) Subsection 23 (4) of the Act is amended by striking out the word "candidate" and substituting "certified candidate".

(3) Subsection 23 (5) of the Act is repealed and the following substituted:

Same

(5) The clerk shall not provide a copy of the voters' list under subsection (3) or a part of the voters' list under subsection (4) until September 1.

18. (1) Subsection 24 (1) of the Act is amended by striking out "the Tuesday after Labour Day" in the portion before clause (a) and substituting "September 1".

(2) Subsection 24 (2) of the Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:

19. Section 25 of the Act is repealed and the following substituted:

Removal of deceased person's name from voters' list

25. (1) The clerk may, on his or her own initiative, remove a person's name from the voters' list until the close of voting on voting day if the clerk is satisfied that the person has died.

Same, upon application

(2) The clerk shall remove a person's name from the voters' list upon receiving an application under subsection (3) if the clerk is satisfied that the person has died.

Timing of application

(3) A person may make an application to the clerk requesting that a deceased person's name be removed from the voters' list during the period that begins on September 1 and ends at the close of voting on voting day.

Form and manner of application

(4) The application shall be in writing and shall be filed,

(a) in person, by the applicant or his or her agent;

(b) by mail, by the applicant; or

20. (1) Subsection 27 (1) of the Act is repealed and the following substituted:

List of changes

Interim list

27. (1) During the period beginning on September 15 and ending on September 25 in the year of a regular election, the clerk shall,

(a) prepare an interim list of the changes to the voters' list approved under sections 24 and 25 on or before September 15; and

(b) give a copy of the interim list to each person who received a copy of the voters' list under section 23 and to each certified candidate.

(2) Subsection 27 (2) of the Act is repealed and the following substituted:

Final list

(2) Within 30 days after voting day, the clerk shall,

(a) prepare a final list of the changes to the voters' list approved under sections 24 and 25; and

(b) give a copy of the final list of changes to the Municipal Property Assessment Corporation.

21. Section 29 of the Act is amended by adding the following subsections:

In municipality divided into wards

(4) If a municipality is divided into wards, a person is eligible to be nominated for an office in an election in any ward of the municipality.

Same

(5) Subsection (4) applies despite any order of the Ontario Municipal Board, order of the Minister under section 173 of the Municipal Act, 2001 or section 149 of the City of Toronto Act, 2006 or order of a commission under section 175 of the Municipal Act, 2001.

22. Section 31 of the Act is repealed and the following substituted:

Nomination day

31. Nomination day for a regular election is the fourth Friday in July in the year of the election.

23. (1) Section 33 of the Act is amended by adding the following subsections:

Endorsement of nominations for council

(1.1) The nomination of a person for an office on a council must be endorsed by at least 25 persons, and they may endorse more than one nomination.

Same

(1.2) Persons endorsing a nomination under subsection (1.1) must be eligible to vote in an election for an office within the municipality, if a regular election was held on the day that the person endorses the nomination.

Same

(1.3) The clerk is entitled to rely upon the information filed by the candidate under clause (2) (a.1), and a nomination certified by the clerk under section 35 is conclusive evidence that all conditions precedent under subsection (1.1) have been complied with.

(2) Subsection 33 (2) of the Act is amended by adding the following clause:

(a.1) in the case of a nomination for an office on a council, be endorsed in accordance with subsection (1.1) and be accompanied by a prescribed declaration by each of the persons endorsing the nomination;

(3) Section 33 of the Act is amended by adding the following subsection:

Exception, endorsement

(2.1) If the person was previously nominated for an office on the same council in the same election and at that time filed the endorsed nomination and declarations described in clause (2) (a.1), that clause does not apply in connection with any subsequent campaign under subsection 88.24 (3).

(4) Subsection 33 (3) of the Act is repealed and the following substituted:

Exception, nomination filing fee

(3) If the person was previously nominated for an office on the same council or local board in the same election and paid the nomination filing fee at that time, clause (2) (c) does not apply in connection with any subsequent campaign under paragraph 1 of subsection 88.24 (3).

(5) Clause 33 (4) (a) of the Act is amended by striking out "on any day" at the beginning and substituting "on any day on or after May 1".

(6) Section 33 of the Act is amended by adding the following subsection:

Same

(4.1) Despite clause (4) (b), if a person is present at the clerk's office on nomination day at 2 p.m. and has not yet filed a nomination, he or she may file the nomination as soon as possible after 2 p.m.

24. Subsection 33.0.1 (1) of the Act is repealed and the following substituted:

Certificate, permitted amount of candidate's expenses

(1) Upon the filing of a person's nomination, the clerk shall calculate the applicable maximum amount of the person's expenses for the purposes of subsection 88.20 (6), as of the filing date, using the number of electors referred to in paragraph 1 of subsection 88.20 (11), and shall give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount as of the filing date.

25. Section 33.1 of the Act is repealed and the following substituted:

Notice of penalties

33.1 The clerk shall, before voting day, give to each person nominated for an office notice of,

(a) the penalties under subsections 88.23 (2) and 92 (1) related to election campaign finances; and

(b) the refund of the nomination filing fee that the candidate is entitled to receive in the circumstances described in section 34.

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

Refund

34. A candidate is entitled to receive a refund of the nomination filing fee if the documents required under subsection 88.25 (1) are filed on or before 2 p.m. on the filing date in accordance with that subsection.

27. Subclause 39 (a) (ii) of the Act is amended by striking out "to be posted in every voting place" at the end and substituting "to be made available to the public in every voting place".

28. Section 39.1 of the Act is repealed.

29. (1) Subsection 41 (1) of the Act is repealed.

(2) Paragraph 5 of subsection 41 (2) of the Act is repealed and the following substituted:

5. If the surnames of two or more candidates for an office are identical, or in the clerk's opinion, so similar as to cause possible confusion, the clerk shall differentiate the candidates on the ballots as the clerk considers to be appropriate in the circumstances.

(3) Subsection 41 (6) of the Act is amended by striking out "to the prescribed form and".

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

Ranked ballot elections

41.1 (1) The Lieutenant Governor in Council may, by regulation, authorize elections for offices on a municipal council to be conducted in accordance with the following rules:

1. Electors vote by ranking candidates for an office in order of the elector's preference.

2. Votes are distributed to candidates based on the rankings marked on the ballots.

3. The counting of votes is carried out in one or more rounds, with at least one candidate being elected or eliminated in each round.

Restriction, prescribed offices

(2) The regulation may provide that a ranked ballot election is authorized for only specified offices on a municipal council.

Upper-tier municipalities

(3) If a regulation authorizes ranked ballot elections for offices on the council of an upper-tier municipality, the regulation may specify the clerk who is responsible for prescribed matters relating to the election.

Standards and procedures

(4) The regulation may establish standards and procedures for the conduct of ranked ballot elections, including rules governing the following matters:

1. Ballots, voting procedures, the counting of votes and recounts.

2. Powers that the clerk of the municipality may exercise in administering ranked ballot elections.

3. Information to be made available to the public with respect to the counting of votes in each round.

Subdelegation

(5) The regulation may authorize the clerk of a municipality to establish procedures for ranked ballot elections.

Varying the operation of the Act

(6) If, in the opinion of the Lieutenant Governor in Council, it is necessary or desirable in order to further the purposes of this section and this Act, the regulation may vary the operation of any of the following provisions of this Act or may provide that any of the following provisions do not apply with respect to a ranked ballot election:

1. Section 11.1 (special case, responsibilities of clerks).

2. Subsection 47 (5) (rights of candidates and scrutineers).

3. Subsection 52 (3) (marking ballot, etc.).

4. Section 54 (counting of votes).

5. Section 55 (delivery of statement and ballot box to clerk).

6. Clause 57 (1) (a) (recount).

7. Subsection 58 (3) (court order).

8. Section 59 (inclusion of a related recount).

9. Subsections 62 (1) and (3) (recount, clerk's duties).

10. Section 63 (judicial recount).

11. Such other provisions of this Act as the Lieutenant Governor in Council considers appropriate.

Transition

(7) The regulation may provide for transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the implementation of ranked ballot elections or in connection with the cessation of the use of ranked ballot elections in a municipality.

By-laws re ranked ballot elections

41.2 (1) The council of a municipality may pass by-laws with respect to ranked ballot elections for offices on the council if such elections are authorized by a regulation made under section 41.1.

Restrictions on authority of municipality

(2) The Lieutenant Governor in Council may, by regulation, impose conditions and limitations on the authority of a municipality to pass a by-law, including establishing standards and procedures for public consultation about a proposed by-law.

Same

(3) A ranked ballot election cannot be conducted for an office on the council unless the municipality has passed a by-law in accordance with this section.

31. (1) Clause 42 (2) (a) of the Act is amended by striking out "June 1 in the year of the election" and substituting "May 1 in the year before the year of the election".

(2) Section 42 of the Act is amended by adding the following subsection:

Same

(2.1) Despite clause (2) (b), in the case of a by-election,

(a) if the council of a local municipality passes a by-law under clause (1) (a) authorizing the use of voting and vote-counting equipment, the municipality may pass another by-law providing that the first by-law does not apply to the by-election and the municipality may pass a by-law authorizing the use of any voting and vote-counting equipment for the by-election;

(b) if the council of a local municipality passes a by-law under clause (1) (b) authorizing electors to use an alternative voting method, the municipality may pass another by-law providing that the first by-law does not apply to the by-election and the municipality may pass a by-law authorizing any alternative voting method for the by-election.

(3) Clause 42 (3) (b) of the Act is repealed and the following substituted:

(b) provide a copy of the procedures and forms to each candidate when his or her nomination is filed.

(4) Subsection 42 (4) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Same

(4) The following rules apply with respect to the clerk's duties under clause (3) (a):

. . . . .

(5) Subparagraph 1 i of subsection 42 (4) of the Act is repealed and the following substituted:

i. in the case of a regular election, on or before December 31 in the year before the year of the election, and

(6) Section 42 of the Act is amended by adding the following subsection:

Timing, vote counting

(6) When a by-law authorizing the use of voting or vote-counting equipment or an alternative voting method is in effect, the votes shall not be counted until after the close of voting on voting day.

32. Subsections 43 (1), (2) and (3) of the Act are repealed and the following substituted:

Advance vote

(1) Before voting day, each local municipality shall hold an advance vote on one or more dates.

Same

(2) Subject to subsection (3), the clerk shall establish,

(a) the date or dates on which the advance vote is held;

(b) the number and location of voting places for the advance vote; and

(c) the hours during which the voting places shall be open for the advance vote, which may be different for different voting places.

Same

(3) The advance vote shall not be held more than 30 days before voting day.

33. Subsection 44 (4) of the Act is repealed and the following substituted:

Timing

(4) A person shall not appoint a voting proxy for an election until the later of,

(a) the time for the withdrawal of nominations under section 36 has expired for all offices for which the election is being conducted; and

(b) the time when the clerk has certified all persons qualified to be nominated under subsection 35 (2).

Same

(4.1) An appointment under subsection (4) does not remain in effect after voting day of the election.

34. (1) Subsection 45 (4) of the Act is amended by striking out "provide a space for use as a voting place, free of any charge related to the provision of space" at the end and substituting "provide, free of any charge, a space for use as a voting place".

(2) Paragraph 2 of subsection 45 (7) of the Act is amended by striking out "on nomination day" and substituting "on September 1".

(3) Paragraph 3 of subsection 45 (7) of the Act is amended by striking out "on nomination day" and substituting "on September 1".

35. (1) Subsection 46 (2) of the Act is amended by striking out "The council of a local municipality may pass a by-law providing" at the beginning and substituting "The clerk may establish".

(2) Subsections 46 (3) and (4) of the Act are repealed and the following substituted:

Reduced voting hours, institutions and retirement homes

(3) Despite subsection (1), the clerk may establish reduced voting hours with respect to a voting place described in subsection 45 (7) that is only for the use of residents of the institution or retirement home.

In voting place at closing time

(4) An elector who is in a voting place at the time for closing under subsection (1) or (3) and has not yet voted is still entitled to vote.

36. Subsection 49 (3) of the Act is repealed and the following substituted:

Same, revealing a vote

(3) No elector shall,

(a) take a photograph or video recording of his or her marked ballot; or

(b) show his or her marked ballot to any person so as to reveal how he or she has voted, except in connection with obtaining assistance in voting under paragraph 4 of subsection 52 (1).

37. Section 51 of the Act is amended by adding the following subsection:

Ranked ballot election

(3) Despite paragraph 3 of subsection (2), in a ranked ballot election for an office, an elector is entitled to rank as many candidates for the office as are specified by regulation.

38. (1) Paragraph 5 of subsection 52 (1) of the Act is amended by striking out "or declines to vote and returns the ballot" at the end.

(2) Section 52 of the Act is amended by adding the following subsections:

Declining to vote

(5) If an elector returns a ballot to the deputy returning officer and indicates that the elector is declining to vote, the elector is no longer entitled to vote and the deputy returning officer shall immediately write the word "declined" upon the ballot.

Same, record

(6) The deputy returning officer shall keep a record of the number of electors who indicate that they are declining to vote.

39. (1) Section 55 of the Act is amended by adding the following subsection:

Information to be made available

(4.1) As soon as possible after voting day, the clerk shall make the following information available at no charge for viewing by the public on a website or in another electronic format:

1. The number of votes for each candidate.

2. The number of declined and rejected ballots.

3. The number of votes for the affirmative or negative on a by-law or question.

(2) Subsection 55 (5) of the Act is amended by striking out "Despite subsection 88 (6) (records)" at the beginning and substituting "Despite subsection 88 (6.1)".

40. (1) Section 56 of the Act is amended by adding the following subsection:

Recount in accordance with policies

(1.1) The clerk shall hold a recount in accordance with any policy passed by the municipality or local board under subsection (3) or (4).

(2) Section 56 of the Act is amended by adding the following subsections:

Municipality, policy

(3) A municipality may, by by-law, adopt a policy with respect to the circumstances in which the municipality requires the clerk to hold a recount of the votes cast in an election.

Local board, policy

(4) A local board may, by resolution, adopt a policy with respect to the circumstances in which the local board requires a recount of the votes cast in an election.

Same

(5) A by-law or resolution adopted under subsection (3) or (4),

(a) applies to a regular election if it is passed on or before May 1 in the year of the election; and

(b) applies to a by-election if it is passed more than 60 days before voting day.

41. (1) Subsection 60 (1) of the Act is repealed and the following substituted:

Manner of doing recount

(1) A recount under section 56, 57 or 58 shall be conducted in the same manner as the original count, whether manually or by vote-counting equipment.

(2) Subsection 60 (3) of the Act is amended by adding "Despite subsection (1)" at the beginning.

(3) Section 60 of the Act is amended by adding the following subsection:

Exception for ranked ballot election

(4) Subsection (3) does not apply with respect to a ranked ballot election.

42. (1) Paragraph 1 of subsection 65 (4) of the Act is amended by striking out the portion before subparagraph ii and substituting the following:

1. The clerk shall fix the date of nomination day to be a day not less than 30 days and not more than 60 days after,

i. the expiry of the appeal period with respect to a by-election ordered by a court, if no appeal has been filed,

i.1 the final disposal of an appeal of a by-election ordered by a court,

. . . . .

(2) Subsection 65 (5) of the Act is amended by striking out "subject to subsection (6)" in the portion before paragraph 1.

(3) Paragraph 1 of subsection 65 (5) of the Act is amended by striking out the portion before subparagraph i and substituting the following:

1. The clerk shall fix the date of voting day, to be a day not less than 60 days and not more than 90 days after,

. . . . .

(4) Paragraph 2 of subsection 65 (5) of the Act is amended by striking out "the Liquor Licence Board of Ontario" and substituting "the board of the Alcohol and Gaming Commission of Ontario".

(5) Paragraph 3 of subsection 65 (5) of the Act is repealed and the following substituted:

3. The voters' list shall be prepared as follows:

i. the clerk shall notify the Municipal Property Assessment Corporation that a by-election is required and,

A. for a by-law under clause 8 (1) (a) or a question under subsection 8 (2) or (3), the Municipal Property Assessment Corporation shall, within 10 days after the clerk notifies the Corporation that a by-election is required, give the clerk the preliminary list that is required for the by-election, or

B. for a question under clause 8 (1) (b) or (c), the Municipal Property Assessment Corporation shall, at least 60 days before voting day, give the clerk the preliminary list that is required for the by-election,

ii. the clerk shall make corrections to the preliminary list under section 22 as soon as possible after receiving the list, and

iii. the corrected list constitutes the voters' list.

3.1 Applications to revise the voters' list may be made under section 24 or 25 during the period that begins when the clerk has made corrections as described in subparagraph 3 ii and ends at the close of voting on voting day.

(6) Subsection 65 (6) of the Act is repealed.

43. Sections 66 to 82.1 of the Act are repealed.

44. Subsection 83 (7) of the Act is amended by adding the following paragraph:

5. Failure to comply with the procedural requirements imposed under sections 41.1 and 41.2 for a ranked ballot election.

45. (1) Subsection 88 (4) of the Act is amended by striking out "sections 78 and 79.1" and substituting "sections 88.25, 88.29 and 88.32".

(2) Subsection 88 (6) of the Act is repealed and the following substituted:

Exception re filings, etc.

(6) Subsection (5) does not apply to documents and materials filed with or prepared by the clerk or any other election official under this Act once the 120-day period has elapsed.

Exception re ballot box, etc.

(6.1) Subsection (5) does not entitle a person to inspect the contents of a ballot box or any applications made under section 24 or 25 unless authorized to do so by a court order.

(3) Subsection 88 (9.1) of the Act is repealed and the following substituted:

Information to be made available

(9.1) The clerk shall make the documents filed under sections 88.25, 88.29 and 88.32 available at no charge for viewing by the public on a website or in another electronic format as soon as possible after the documents are filed.

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

The Election Campaign

Access to residential premises

88.1 No person who is in control of an apartment building, condominium building, non-profit housing cooperative or gated community may prevent a candidate or his or her representative from campaigning between 9 a.m. and 9 p.m. at the doors to the apartments, units or houses, as the case may be.

Display of signs at residential premises

88.2 (1) No landlord or person acting on a landlord's behalf may prohibit a tenant from displaying signs in relation to an election on the premises to which the lease relates.

Same, condominium corporations

(2) No condominium corporation or any of its agents may prohibit the owner or tenant of a condominium unit from displaying signs in relation to an election on the premises of his or her unit.

Exception

(3) Despite subsections (1) and (2), a landlord, person, condominium corporation or agent may set reasonable conditions relating to the size or type of signs in relation to an election that may be displayed on the premises and may prohibit the display of signs in relation to an election in common areas of the building in which the premises are found.

Same

(4) Despite subsection (3), no landlord, person, condominium corporation or agent may prohibit the display of signs in relation to an election in common areas of the building if space in the building is being used as a voting place.

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

Candidates' election campaign advertisements

88.3 (1) In this section,

"election campaign advertisement" means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting or supporting the election of a candidate.

Mandatory information in advertisement

(2) An election campaign advertisement purchased by or under the direction of a candidate shall identify the candidate.

Mandatory information for broadcaster, etc.

(3) A candidate shall not cause an election campaign advertisement to appear unless he or she provides the following information to the broadcaster or publisher in writing:

1. The name of the candidate.

2. The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the candidate.

Prohibition, broadcaster or publisher

(4) No broadcaster or publisher shall cause an election campaign advertisement to appear if the information set out in paragraphs 1 and 2 of subsection (3) has not been provided.

Records

(5) The broadcaster or publisher of an election campaign advertisement shall maintain records containing the following information for a period of four years after the date the advertisement appears and shall permit the public to inspect the records during normal business hours:

1. The information provided under subsection (3).

2. A copy of the advertisement, or the means of reproducing it for inspection.

3. A statement of the charge made for its appearance.

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

Third party advertisements

88.4 (1) No individual, corporation or trade union shall incur expenses for a third party advertisement that appears during the restricted period for third party advertisements unless the individual, corporation or trade union is a registered third party under section 88.6 when the expenses are incurred and when the advertisement appears.

Restricted period for third party advertisements

(2) The restricted period for third party advertisements in relation to an election in a municipality begins on the earliest day that an individual, corporation or trade union is permitted to file a notice of registration as a registered third party in relation to the election and ends at the close of voting on voting day.

Limit on expenses

(3) The expenses incurred in relation to third party advertisements cannot exceed the amount calculated under section 88.21 (registered third parties' expenses) for the registered third party.

Mandatory information in third party advertisements

88.5 (1) No registered third party shall cause a third party advertisement to appear during the restricted period unless the advertisement contains the following information:

1. The name of the registered third party.

2. The municipality where the registered third party is registered.

3. A telephone number, mailing address or email address at which the registered third party may be contacted regarding the advertisement.

Mandatory information for broadcaster, etc.

(2) A registered third party shall not cause a third party advertisement to appear during the restricted period unless he, she or it provides the following information to the broadcaster or publisher in writing:

1. The name of the registered third party.

2. The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the registered third party.

3. The municipality where the registered third party is registered.

Prohibition, broadcaster or publisher

(3) No broadcaster or publisher shall cause a third party advertisement to appear during the restricted period if the information set out in paragraphs 1 to 3 of subsection (2) has not been provided.

Records

(4) The broadcaster or publisher of a third party advertisement shall maintain records containing the following information for a period of four years after the date the advertisement appears and shall permit the public to inspect the records during normal business hours:

1. The information provided under subsection (2).

2. A copy of the advertisement, or the means of reproducing it for inspection.

3. A statement of the charge made for its appearance.

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

Registration of third party advertisers

Notice of registration

88.6 (1) An individual, corporation or trade union may, in person or by an agent, file with the clerk of the municipality responsible for conducting an election a notice of registration to be a registered third party for the election, and the notice must be filed in the prescribed form and must include a declaration of qualification signed by the individual or by a representative of the corporation or trade union, as the case may be.

Same

(2) A notice of registration may only be filed with the clerk of a local municipality.

Date of registration

(3) On the date on which the clerk certifies the notice of registration, the individual, corporation or trade union is a registered third party for the election.

Eligibility for registration

(4) Only the following persons and entities are eligible to file a notice of registration:

1. An individual who is normally resident in Ontario.

2. A corporation that carries on business in Ontario.

3. A trade union that holds bargaining rights for employees in Ontario.

Restriction

(5) The following persons and entities are not eligible to file a notice of registration:

1. A candidate whose nomination has been filed under section 33.

2. A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party.

3. A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act.

4. The Crown in right of Canada or Ontario, a municipality or local board.

Same

(6) For greater certainty, third party advertisements shall not be under the direction of a candidate whose nomination has been filed under section 33.

Time for filing

(7) In the case of a regular election, the notice of registration cannot be filed earlier than the first day for filing nominations under subsection 33 (4) and cannot be filed later than the Friday before voting day, at a time when the clerk's office is open.

Same, by-election for an office

(8) In the case of a by-election for an office, the notice of registration cannot be filed earlier than the first day for filing nominations under subsection 65 (4) and cannot be filed later than the last day on which the clerk's office is open before voting day, at a time when the clerk's office is open.

Same, by-election re proposed by-law

(9) In the case of a by-election that relates to a proposed by-law under clause 8 (1) (a), the notice of registration cannot be filed before the council of a municipality passes a by-law indicating that a by-election is required and cannot be filed later than the last day on which the clerk's office is open before voting day, at a time when the clerk's office is open.

Same, by-election re question

(10) In the case of a by-election that relates to a question under clause 8 (1) (b) or (c), the notice of registration cannot be filed earlier than 60 days before voting day and cannot be filed later than the last day on which the clerk's office is open before voting day, at a time when the clerk's office is open.

Same

(11) In the case of a by-election that relates to a question under subsection 8 (2), the notice of registration cannot be filed before the clerk receives from a local board whose election he or she is responsible for conducting a copy of a resolution indicating that a by-election is required, and cannot be filed later than the last day on which the clerk's office is open before voting day, at a time when the clerk's office is open.

Same

(12) In the case of a by-election that relates to a question under subsection 8 (3), the notice of registration cannot be filed before the clerk receives an order from the Minister indicating that a by-election is required, and cannot be filed later than the last day on which the clerk's office is open before voting day, at a time when the clerk's office is open.

Certification

(13) The clerk shall examine each notice of registration that has been filed and do one of the following upon filing:

1. If satisfied that the individual, corporation or trade union is qualified to be registered and that the notice of registration complies with this Act, certify the notice of registration by signing it.

2. If not satisfied that the individual, corporation or trade union is qualified to be registered or that the notice of registration complies with this Act, reject the notice of registration.

Decision final

(14) The clerk's decision to certify or reject a notice of registration is final.

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

Municipal authority to remove advertisements

88.7 If a municipality is satisfied that there has been a contravention of section 88.3, 88.4 or 88.5, the municipality may require a person who the municipality reasonably believes contravened the section or caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to remove the advertisement or discontinue the advertising.

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

Campaign Contributions

Contributions to candidates

88.8 (1) A contribution shall not be made to or accepted by a person or an individual acting under the person's direction unless the person is a candidate.

Only during election campaign

(2) A contribution shall not be made to or accepted by a candidate or an individual acting under the candidate's direction outside the candidate's election campaign period described in section 88.24.

Who may contribute

(3) Only the following persons may make contributions:

1. An individual who is normally resident in Ontario.

2. Subject to subsection (5), the candidate and his or her spouse.

Who cannot contribute

(4) For greater certainty, and without limiting the generality of subsection (3), the following persons and entities shall not make a contribution:

1. A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party.

2. A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act.

3. A corporation that carries on business in Ontario.

4. A trade union that holds bargaining rights for employees in Ontario.

5. The Crown in right of Canada or Ontario, a municipality or a local board.

Non-resident candidate, spouse

(5) If not normally resident in Ontario, a candidate and his or her spouse may make contributions only to the candidate's election campaign.

Who may accept contribution

(6) A contribution may be accepted only by a candidate or an individual acting under the candidate's direction.

Contributors

(7) A contribution may be accepted only from a person or entity that is entitled to make a contribution.

Contributions exceeding $25

(8) A contribution of money that exceeds $25 shall not be contributed in the form of cash and shall be contributed in a manner that associates the contributor's name and account with the payment or by a money order signed by the contributor.

Exception re making information public

(9) For greater certainty, if a municipality or local board makes information available to the public on a website or in another electronic format, the provision of the information does not constitute a contribution to a candidate.

Same

(10) Without limiting the generality of subsection (9), the information referred to in that subsection includes the following:

1. The phone number and email address provided by the candidate in the nomination filed under section 33.

2. A hyperlink to the candidate's website.

Maximum contributions to candidates

88.9 (1) A contributor shall not make contributions exceeding a total of $750 to any one candidate in an election.

More than one office

(2) If a person is a candidate for more than one office, a contributor's total contributions to him or her in respect of all the offices shall not exceed $750.

Exception, mayor of City of Toronto

(3) Despite subsections (1) and (2), for the purposes of those subsections the maximum total contribution that a contributor may make to a candidate for the office of mayor of the City of Toronto is $2,500.

Multiple candidates

(4) A contributor shall not make contributions exceeding a total of $5,000 to two or more candidates for office on the same council or local board.

Exception, candidates and spouses

(5) This section does not apply to contributions made to a candidate's own election campaign by the candidate or his or her spouse.

Fund-raising for candidates

88.10 (1) A fund-raising function shall not be held for a person who is not a candidate.

Same

(2) A fund-raising function for a candidate shall not be held outside the candidate's election campaign period described in section 88.24.

Rebate of contributions to candidates

88.11 (1) A municipality may, by by-law, provide for the payment of rebates to individuals who made contributions to candidates for office on the municipal council.

Same, resolution

(2) A local board may, by resolution, provide for the payment of rebates to individuals who made contributions to candidates for office on the local board.

Same

(3) The by-law or resolution shall establish the conditions under which an individual is entitled to a rebate.

Same

(4) The by-law or resolution may provide for the payment of different amounts to different individuals on any basis.

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

Contributions to registered third parties

88.12 (1) A contribution shall not be made to or accepted by an individual, corporation or trade union in relation to third party advertisements that appear during an election in a municipality, or made to or accepted by an individual acting under his, her or its direction, unless the individual, corporation or trade union is a registered third party in relation to the election in the municipality.

Only during campaign period

(2) A contribution shall not be made to a registered third party, or to an individual acting under his, her or its direction, if the contribution is made outside the campaign period described in section 88.28 for the registered third party in relation to an election in the municipality.

Who may contribute

(3) Only the following may make contributions:

1. An individual who is normally resident in Ontario.

2. A corporation that carries on business in Ontario.

3. A trade union that holds bargaining rights for employees in Ontario.

4. Subject to subsection (5), the registered third party and, in the case of an individual, his or her spouse.

Who cannot contribute

(4) For greater certainty, and without limiting the generality of subsection (3), the following shall not make a contribution:

1. A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party.

2. A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act.

3. The Crown in right of Canada or Ontario, a municipality or local board.

Non-resident spouse

(5) If the spouse of a registered third party is not normally resident in Ontario, the spouse may make contributions only to the registered third party.

Who may accept contribution

(6) A contribution may be accepted only by a registered third party or an individual acting under the direction of the registered third party.

Contributors

(7) A contribution may be accepted only from a person or entity that is entitled to make a contribution.

Contributions exceeding $25

Exception re making information public

(9) For greater certainty, if a municipality or local board makes information available to the public on a website or in another electronic format, the provision of information does not constitute a contribution to a registered third party.

Same

(10) Without limiting the generality of subsection (9), the information referred to in that subsection includes the following:

1. The phone number and email address provided by the registered third party in the notice of registration filed under section 88.6.

2. A hyperlink to the website of the registered third party.

Maximum contributions to registered third parties

88.13 (1) A contributor shall not make contributions exceeding a total of $750 to a registered third party in relation to third party advertisements that appear during an election in a municipality.

More than one registered third party

(2) A contributor shall not make contributions exceeding a total of $5,000 to two or more registered third parties registered in the same municipality in relation to third party advertisements.

Exceptions

(3) Subsections (1) and (2) do not apply to contributions to a registered third party that are made by the registered third party itself and, if the registered third party is an individual, by his or her spouse.

Fund-raising for registered third parties

88.14 (1) A fund-raising function relating to third party advertisements to appear during an election in a municipality shall not be held for an individual, corporation or trade union that is not a registered third party in the municipality.

Same

(2) A fund-raising function relating to third party advertisements shall not be held for a registered third party outside the campaign period described in section 88.28 for the registered third party in relation to an election in the municipality.

53. (1) The Act is amended by adding the following section:

What constitutes a contribution

For an election campaign

88.15 (1) For the purposes of this Act, money, goods and services given to and accepted by a person for his or her election campaign, or given to and accepted by another person who is acting under the person's direction, are contributions.

(2) Section 88.15 of the Act, as enacted by subsection (1), is amended by adding the following subsection:

For third party advertisements

(2) For the purposes of this Act, money, goods and services given to and accepted by an individual, corporation or trade union in relation to third party advertisements, or given to and accepted by another person who is acting under the direction of the individual, corporation or trade union, are contributions.

(3) Section 88.15 of the Act, as enacted by subsection (1), is amended by adding the following subsections:

Contributions

(3) Without restricting the generality of subsections (1) and (2), the following amounts are contributions:

1. An amount charged for admission to a fund-raising function.

2. If goods and services are sold for more than their market value at a fund-raising function, the difference between the amount paid and the market value. However, if the amount received for the goods or services is $25 or less, the amount is not a contribution.

3. If goods and services used in the person's election campaign or in relation to third party advertisements are purchased for less than their market value, the difference between the market value and the amount paid.

4. Any unpaid but guaranteed balance in respect of a loan under section 88.17.

Not contributions

(4) Without restricting the generality of subsections (1) and (2), the following amounts are not contributions:

1. The value of services provided by voluntary unpaid labour.

2. The value of services provided voluntarily, under the direction of the person or the individual, corporation or trade union, by an employee whose compensation from all sources for providing the services does not exceed the compensation the employee would normally receive for the period the services are provided.

3. An amount of $25 or less that is donated at a fund-raising function.

4. The amount received for goods and services sold at a fund-raising function, if the amount is $25 or less.

5. The amount of a loan under section 88.17.

6. For a person referred to in subsection (1), the value of political advertising provided without charge on a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada), if,

i. it is provided in accordance with that Act and the regulations and guidelines made under it, and

ii. it is provided equally to all candidates for office on the particular council or local board.

Value of goods and services

(5) The value of goods and services provided as a contribution is,

(a) if the contributor is in the business of supplying these goods and services, the lowest amount the contributor charges the general public in the same market area for similar goods and services provided at or about the same time;

(b) if the contributor is not in the business of supplying these goods and services, the lowest amount a business providing similar goods or services charges the general public for them in the same market area at or about the same time.

No penalty

(6) No employer shall impose any penalty on an employee who refuses to provide services voluntarily as described in paragraph 2 of subsection (4).

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

Restriction: use of own money

88.16 (1) A contributor shall not make a contribution of money that does not belong to the contributor.

Exception, will

(2) Subsection (1) does not apply to the personal representative of a deceased person whose will directs that a contribution be made to a named candidate or a registered third party, as the case may be, out of the funds of the estate.

55. (1) The Act is amended by adding the following section:

Campaign account loans

88.17 (1) A candidate and his or her spouse may obtain a loan only from a bank or other recognized lending institution in Ontario, to be paid directly into the candidate's campaign account.

(2) Section 88.17 of the Act, as enacted by subsection (1), is amended by adding the following subsection:

Same, registered third party

(2) A registered third party and, in the case of an individual, his or her spouse, may obtain a loan in relation to third party advertisements only from a bank or other recognized lending institution in Ontario, to be paid directly into the campaign account.

(3) Section 88.17 of the Act, as enacted by subsection (1), is amended by adding the following subsection:

Who may guarantee

(3) Only the following persons, as applicable, may guarantee a loan:

1. The candidate and his or her spouse.

2. The registered third party and, in the case of an individual, his or her spouse.

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

Use of municipal, board resources

88.18 Before May 1 in the year of a regular election, municipalities and local boards shall establish rules and procedures with respect to the use of municipal or board resources, as the case may be, during the election campaign period.

57. (1) The Act is amended by adding the following section:

Campaign Expenses

What constitutes an expense

For an election campaign

88.19 (1) For the purposes of this Act, costs incurred for goods or services by or under the direction of a person wholly or partly for use in his or her election campaign are expenses.

(2) Section 88.19 of the Act, as enacted by subsection (1), is amended by adding the following subsection:

For third party advertisements

(2) For the purposes of this Act, costs incurred by or under the direction of an individual, corporation or trade union for goods or services for use wholly or partly in relation to third party advertisements that appear during an election in a municipality are expenses.

(3) Section 88.19 of the Act, as enacted by subsection (1), is amended by adding the following subsections:

Expenses

(3) Without restricting the generality of subsections (1) and (2), the following amounts are expenses:

1. The replacement value of goods retained by the person, individual, corporation or trade union from any previous election in the municipality and used in the current election.

2. The value of contributions of goods and services.

3. Audit and accounting fees.

4. Interest on loans under section 88.17.

5. The cost of holding fund-raising functions.

6. The cost of holding parties and making other expressions of appreciation after the close of voting.

7. For a candidate, expenses relating to a recount or a proceeding under section 83 (controverted elections).

8. Expenses relating to a compliance audit.

9. Expenses that are incurred by a candidate with a disability or a registered third party who is an individual with a disability, are directly related to the disability, and would not have been incurred but for the election to which the expenses relate.

10. The cost of election campaign advertisements (within the meaning of section 88.3) or third party advertisements, as the case may be.

Exception

(4) For greater certainty, the cost of holding fund-raising functions does not include costs related to,

(a) events or activities that are organized for such purposes as promoting public awareness of a candidate and at which the soliciting of contributions is incidental; or

(b) promotional materials in which the soliciting of contributions is incidental.

Transition, candidates' expenses

(5) In the following circumstances, a candidate's expenses for the 2018 regular election that are described in paragraphs 7 and 8 of subsection (3) may include his or her expenses as a candidate in the 2014 regular election for an office on the same council or local board:

1. The circumstances described in paragraph 4 of subsection 88.24 (1) (deficit).

2. The circumstances described in paragraph 5 of subsection 88.24 (1) (expenses relating to a recount, etc.).

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

Candidates' expenses

88.20 (1) An expense shall not be incurred by or under the direction of a person unless he or she is a candidate.

Only during campaign period

(2) An expense shall not be incurred by or under the direction of a candidate outside his or her election campaign period.

Exception, auditor's report

(3) Despite subsection (2), a candidate whose election campaign period ends as described in paragraph 2, 3 or 4 of subsection 88.24 (1) may incur expenses related to the preparation of an auditor's report under section 88.25 after the campaign period has ended.

Same

(4) For greater certainty, the expenses described in subsection (3) constitute expenses for the purposes of paragraph 3 of subsection 88.19 (3).

Who may incur expense

(5) An expense may only be incurred by a candidate or an individual acting under the candidate's direction.

Maximum amount

(6) During the period that begins on the day a candidate is nominated under section 33 and ends on voting day, his or her expenses shall not exceed an amount calculated in accordance with the prescribed formula.

Prescribed formula

(7) The formula prescribed for the purpose of subsection (6) must be written so that the amount calculated under it varies based on the number of electors entitled to vote for the office for which the candidate is nominated.

Exception

(8) Subsection (6) does not apply in respect of expenses described in paragraphs 3 and 5 to 9 of subsection 88.19 (3).

Maximum amount for parties, etc., after voting day

(9) The expenses of a candidate that are described in paragraph 6 of subsection 88.19 (3) shall not exceed an amount calculated in accordance with the prescribed formula.

Same

(10) The formula that is prescribed for the purposes of subsection (9) must be written so that the amount calculated under it varies based on the maximum amount determined under subsection (6) for the office for which the candidate is nominated.

Number of electors, regular election

(11) For the purposes of subsection (7), for a regular election the number of electors is the greater of the following:

1. The number determined from the voters' list from the previous regular election, as it existed on September 15 in the year of the previous election, adjusted for changes made under sections 24 and 25 that were approved as of that day.

2. The number determined from the voters' list for the current election, as it exists on September 15 in the year of the current election, adjusted for changes made under sections 24 and 25 that are approved as of that day.

Same, by-election

(12) For the purposes of subsection (7), for a by-election the number of electors is the greater of the following:

2. The number determined from the voters' list for the by-election, as it exists after the clerk has made corrections under subparagraph 4 iii of subsection 65 (4).

Certificate of maximum amounts

(13) The clerk shall calculate the maximum amounts permitted by subsections (6) and (9) for each office for which nominations were filed with him or her and give a certificate of the applicable maximum amounts to each candidate,

(a) in the case of a regular election, on or before September 25; and

(b) in the case of a by-election, within 10 days after the clerk makes the corrections under subparagraph 4 iii of subsection 65 (4).

Calculations final

(14) The clerk's calculations are final.

Transition

(15) For the 2018 regular election and for any by-election that takes place after this section comes into force and before that regular election, the maximum amount determined under subsection (6) shall be determined as if paragraph 1 of subsection (11) read as follows:

1. The number determined from the voters' list from the previous election, as it existed on nomination day of the previous election, adjusted for applications under sections 24 and 25 that were approved as of that day.

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

Registered third parties' expenses

88.21 (1) An expense shall not be incurred by or under the direction of an individual, corporation or trade union in relation to third party advertisements that appear during an election in a municipality unless he, she or it is a registered third party in the municipality.

Only during campaign period

(2) An expense shall not be incurred by or under the direction of a registered third party in relation to third party advertisements outside the campaign period for the registered third party in relation to the election in the municipality.

Exception, auditor's report

(3) Despite subsection (2), a registered third party whose campaign period in relation to an election in a municipality ends as described in paragraph 2 or 3 of section 88.28 may incur expenses related to the preparation of an auditor's report under section 88.29 after the campaign period has ended.

Same

(4) For greater certainty, the expenses described in subsection (3) constitute expenses for the purposes of paragraph 3 of subsection 88.19 (3).

Who may incur expense

(5) An expense may only be incurred by a registered third party or an individual acting under the direction of the registered third party.

Maximum amount

(6) During the restricted period for third party advertisements, the expenses of a registered third party in relation to third party advertisements that appear during an election in a municipality shall not exceed an amount calculated in accordance with the prescribed formula.

Prescribed formula

(7) The formula prescribed for the purpose of subsection (6) must be written so that the amount calculated under it varies based on the number of electors entitled to vote in a regular election or by-election, as the case may be, in the municipality.

Exception

(8) Subsection (6) does not apply in respect of expenses described in paragraphs 3 and 5 to 9 of subsection 88.19 (3).

Maximum amount for parties, etc., after voting day

(9) The expenses of a registered third party that are described in paragraph 6 of subsection 88.19 (3) shall not exceed an amount calculated in accordance with the prescribed formula.

Same

(10) The formula that is prescribed for the purposes of subsection (9) must be written so that the amount calculated under it varies based on the maximum amount determined under subsection (6).

Number of electors, regular election

(11) Subject to subsection (16), for the purpose of applying the prescribed formula for a regular election, the number of electors is the greater of the following:

1. The number determined from the voters' list from the previous regular election, as it existed on the day specified in subsection (13), adjusted for changes made under sections 24 and 25 that were approved as of that day.

Same, by-election

(12) Subject to subsection (16), for the purpose of applying the prescribed formula for a by-election, the number of electors is the greater of the following:

2. The number determined from the voters' list for the by-election, as it exists after the clerk has made corrections under subparagraph 4 iii of subsection 65 (4).

Same, regular election or by-election

(13) For the purposes of paragraph 1 of subsection (11) and paragraph 1 of subsection (12), the number shall be determined using the voters' list from the previous election as the list existed on,

(a) nomination day in the year of the previous election, if the formula is being applied for the purposes of the 2018 regular election; or

(b) September 15 in the year of the previous election, if the formula is being applied for the purposes of an election in any other year.

When calculation must be made

(14) The clerk shall calculate the maximum amounts under subsections (6) and (9),

(a) for a regular election, no later than September 25 in the year of the election; and

(b) for a by-election, within 10 days after the clerk makes the corrections under subparagraph 4 iii of subsection 65 (4) or subparagraph 3 ii of subsection 65 (5).

Certificate of maximum amounts

(15) Upon registering the registered third party, the clerk shall give the individual filing the registration a certificate setting out the applicable maximum amounts under subsections (6) and (9) that apply with respect to the registered third party in relation to third party advertisements.

Exception

(16) Upon registering a registered third party before having calculated the amount under subsection (6), the clerk shall,

(a) calculate an estimated amount using the number of electors described in paragraph 1 of subsection (11) and give the individual filing the registration a certificate setting out the estimated amount as of the day of the calculation; and

(b) once the calculation under subsection (6) is made, give the individual who filed the registration a certificate setting out the amount calculated under subsection (6).

Calculations final

(17) The clerk's calculations are final.

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

Duties of Candidates and Registered Third Parties

Duties of candidates

88.22 (1) A candidate shall ensure that,

(a) no contributions of money are accepted or expenses are incurred unless one or more campaign accounts are first opened at a financial institution exclusively for the purposes of the election campaign;

(b) all contributions of money are deposited into the campaign accounts;

(d) all payments for expenses are made from the campaign accounts;

(e) contributions of goods or services are valued;

(f) receipts are issued for every contribution and obtained for every expense;

(g) records are kept of,

(i) the receipts issued for every contribution,

(ii) the value of every contribution,

(iii) whether a contribution is in the form of money, goods or services, and

(iv) the contributor's name and address;

(h) records are kept of every expense including the receipts obtained for each expense;

(i) records are kept of any claim for payment of an expense that the candidate disputes or refuses to pay;

(j) records are kept of the gross income from a fund-raising function and the gross amount of money received at a fund-raising function by donations of $25 or less or by the sale of goods or services for $25 or less;

(k) records are kept of any loan and its terms under section 88.17;

(l) the records described in clauses (g), (h), (i), (j) and (k) are retained by the candidate for the term of office of the members of the council or local board and until their successors are elected and the newly elected council or local board is organized;

(m) financial filings are made in accordance with sections 88.25 and 88.32;

(n) proper direction is given to the persons who are authorized to incur expenses and accept or solicit contributions under the direction of the candidate;

(o) a contribution of money made or received in contravention of this Act or a by-law passed under this Act is returned to the contributor as soon as possible after the candidate becomes aware of the contravention;

(p) a contribution not returned to the contributor under clause (o) is paid to the clerk with whom the candidate's nomination was filed;

(q) an anonymous contribution is paid to the clerk with whom the candidate's nomination was filed; and

(r) each contributor is informed that a contributor shall not make contributions exceeding,

(i) subject to subsection (2), a total of $750 to any one candidate in an election, and

(ii) a total of $5,000 to two or more candidates for offices on the same council or local board.

Candidate for mayor, City of Toronto

(2) A candidate for the office of mayor of the City of Toronto shall ensure that each of his or her contributors is informed that a contributor shall not make contributions exceeding a total of $2,500 to any one candidate for the office of mayor of the City of Toronto.

Exclusion of certain expenses

(3) Expenses described in paragraph 2 of subsection 88.19 (3) are not expenses for the purpose of clause (1) (a).

Contributions paid to clerk

(4) Contributions paid to the clerk under clause (1) (p) or (q) become the property of the local municipality.

Effect of default by candidate

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

(a) if the candidate fails to file a document as required under section 88.25 or 88.32 by the relevant date;

(b) if a document filed under section 88.25 shows on its face a surplus, as described in section 88.31, and the candidate fails to pay the amount required by subsection 88.31 (4) to the clerk by the relevant date;

(c) if a document filed under section 88.25 shows on its face that the candidate has incurred expenses exceeding what is permitted under section 88.20; or

(d) if a document filed under section 88.32 shows on its face a surplus and the candidate fails to pay the amount required by that section by the relevant date.

Penalties

(2) Subject to subsection (7), in the case of a default described in subsection (1),

(a) the candidate forfeits any office to which he or she was elected and the office is deemed to be vacant; and

(b) 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.

Notice of default

(3) In the case of a default described in subsection (1), the clerk shall,

(a) notify the candidate in writing that the default has occurred;

(b) if the candidate was elected, notify the council or board to which he or she was elected in writing that the default has occurred; and

Clerk's report re filing requirements

(4) The clerk shall make available to the public a report setting out all candidates in an election and indicating whether each candidate complied with section 88.25.

Same

(5) The report mentioned in subsection (4) shall be made available on a website or in another electronic format as soon as possible after,

(a) April 30 in the year following a regular election; and

(b) 90 days after voting day in a by-election.

Application to court

(6) The candidate may, before the last day for filing a document under section 88.25 or 88.32, apply to the Superior Court of Justice to extend the time for filing the document under that section and, if the court is satisfied there are mitigating circumstances justifying a later date for filing the document, the court may grant an extension for the minimum period of time necessary to enable the candidate to file the document but the court shall not grant an extension of more than 90 days.

Notice to clerk

(7) If a candidate makes an application under subsection (6), the candidate shall notify the clerk in writing before 2 p.m. on the last day for filing a document under section 88.25 or 88.32 that the application has been made.

Effect of extension

(8) If the court grants an extension under subsection (6), the penalties set out in subsection (2) apply only if the candidate has not filed the document before the end of the extension.

Cessation of penalty

(9) The penalties set out in subsection (2) for a default described in clause (1) (a) do not take effect if, no later than 2 p.m. on the day that is 30 days after the applicable day for filing the document, the candidate files the relevant document as required under section 88.25 or 88.32 and pays the clerk a late filing fee of $500.

Late filing fee

(10) The late filing fee is the property of the municipality.

Election campaign period for candidates

88.24 (1) For the purposes of this Act, a candidate's election campaign period for an office shall be determined in accordance with the following rules:

1. The election campaign period begins on the day on which he or she files a nomination for the office under section 33.

2. The election campaign period ends on December 31 in the case of a regular election and 45 days after voting day in the case of a by-election.

3. Despite paragraph 2, the election campaign period ends,

i. on the day the nomination is withdrawn under section 36 or is deemed to be withdrawn under subsection 29 (2),

ii. on nomination day, if the nomination is rejected under section 35, or

iii. on the day the candidate files the documents under section 88.25, as long as the documents are filed after voting day and before December 31 in the year of a regular election.

4. Despite paragraphs 2 and 3, if the candidate has a deficit at the time the election campaign period would otherwise end and the candidate notifies the clerk in the prescribed form on or before December 31 in the case of a regular election and 45 days after voting day in the case of a by-election, the election campaign period is extended and is deemed to have run continuously from the date of nomination until the earliest of,

i. June 30 in the year following the regular election,

ii. the end of the six-month period following the 60th day after voting day, in the case of a by-election,

iii. the day he or she is nominated in a subsequent election for an office on the council or local board in respect of which the deficit was incurred,

iv. the day the candidate notifies the clerk in writing that he or she will not accept further contributions, and

v. the day A equals the total of B and C, where,

A = any further contributions,

B = the expenses incurred during the extension of the election campaign period, and

C = the amount of the candidate's deficit at the start of the extension of the election campaign period.

5. If, after the election campaign period ends under paragraph 2, 3 or 4, the candidate incurs expenses relating to a recount, a proceeding under section 83 (controverted elections) or a compliance audit and the candidate notifies the clerk in writing, the election campaign period is deemed to have recommenced, subject to subsection (2), and to have run continuously from the date of nomination until the earliest of,

i. the day the total of A and B equals the total of C and D, where,

A = any amount released to the candidate under subsection 88.31 (7),

B = any further contributions,

C = the expenses incurred after the election campaign period recommences, and

D = the amount of the candidate's deficit, if any, before the election campaign period recommenced,

ii. the day he or she is nominated in a subsequent election for an office on the council or local board in respect of which the expenses referred to in subparagraph i were incurred,

iii. the day the candidate notifies the clerk in writing that the candidate will not accept further contributions,

iv. June 30 in the year following the regular election, and

v. the end of the six-month period following the 60th day after voting day, in the case of a by-election.

Same

(2) An election campaign period that has ended under subparagraph 4 ii or 5 ii of subsection (1) cannot recommence under paragraph 5.

Multiple and combined campaigns

(3) The following rules apply if a person is a candidate, at different times in the same election, for more than one office on the same council or local board:

1. The person's campaigns for offices for which the election is conducted by general vote shall be deemed to be one campaign for the last office for which he or she is nominated, but the election campaign period begins on the day of the first nomination.

2. Each campaign for an office for which the election is conducted by ward is a separate campaign.

Candidates' financial statements, etc.

88.25 (1) On or before 2 p.m. on the filing date, a candidate shall file with the clerk with whom the nomination was filed a financial statement and auditor's report, each in the prescribed form, reflecting the candidate's election campaign finances,

(a) in the case of a regular election, as of December 31 in the year of the election; and

(b) in the case of a by-election, as of the 45th day after voting day.

Same

(2) If a candidate's election campaign period ends as described in paragraph 3 of subsection 88.24 (1), the financial statement and auditor's report must reflect the candidate's election campaign finances as of the day the election campaign period ended.

Error in financial statement

(3) If an error is identified in a filed financial statement, the candidate may withdraw the statement and, at the same time, file a corrected financial statement and auditor's report on or before the applicable filing date under section 88.30.

Supplementary financial statement and auditor's report

(4) If the candidate's election campaign period continues during all or part of the supplementary reporting period, the candidate shall, before 2 p.m. on the supplementary filing date, file a supplementary financial statement and auditor's report for the supplementary reporting period.

Same

(5) If a candidate's election campaign period ends as described in paragraph 3 of subsection 88.24 (1) and the election campaign period continued during all or part of the supplementary reporting period, the candidate shall, before 2 p.m. on the supplementary filing date, file a supplementary financial statement and auditor's report for the period commencing on the day the candidate's election campaign period ends and including the six-month period following the year of the election.

Supplementary report

(6) A supplementary financial statement or auditor's report shall include all the information contained in the initial statement or report filed under subsection (1), updated to reflect the changes to the candidate's campaign finances during the supplementary reporting period.

Auditor

(7) An auditor's report shall be prepared by an auditor licensed under the Public Accounting Act, 2004.

Exception re auditor's report

(8) No auditor's report is required if the total contributions received and total expenses incurred in the election campaign up to the end of the relevant period are each equal to or less than $10,000.

Notice to candidates, before filing date

(9) At least 30 days before the filing date, the clerk shall give notice of the following matters to every candidate whose nomination was filed with him or her:

1. All the filing requirements of this section.

2. The candidate's entitlement to receive a refund of the nomination filing fee if he or she meets the requirements of section 34.

3. The penalties set out in subsections 88.23 (2) and 92 (1).

Same, before supplementary filing date

(10) At least 30 days before the supplementary filing date, the clerk shall give notice of the filing requirements of this section and the penalties set out in subsections 88.23 (2) and 92 (1) to the following candidates:

1. A candidate who notified the clerk under paragraph 4 of subsection 88.24 (1).

2. A candidate who notified the clerk under paragraph 5 of subsection 88.24 (1).

Electronic filing

(11) The clerk may provide for electronic filing under this section and may establish conditions and limits with respect to electronic filing.

Documents filed after filing date

(12) If the documents required to be filed under this section are not filed by 2 p.m. on the day that is 30 days after the applicable day for filing the documents, the clerk shall accept the documents only for the purpose of making the documents available under subsection 88 (9.1).

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

Duties of registered third parties

88.26 (1) A registered third party shall ensure that,

(a) no contributions of money are accepted or expenses are incurred in relation to third party advertisements that appear during an election in a municipality unless one or more campaign accounts are first opened at a financial institution exclusively for the purposes of the election campaign;

(b) all contributions of money are deposited into the campaign accounts;

(d) all payments for expenses are made from the campaign accounts;

(e) contributions of goods or services are valued;

(f) receipts are issued for every contribution and obtained for every expense;

(g) records are kept of,

(i) the receipts issued for every contribution,

(ii) the value of every contribution,

(iii) whether a contribution is in the form of money, goods or services, and

(iv) the contributor's name and address;

(h) records are kept of every expense including the receipts obtained for each expense;

(i) records are kept of any claim for payment of an expense that the registered third party disputes or refuses to pay;

(k) records are kept of any loan and its terms under section 88.17;

(l) the records described in clauses (g), (h), (i), (j) and (k) are retained by the registered third party for the term of office of the members of the council or local board and until their successors are elected and the newly elected council or local board is organized;

(m) financial filings are made in accordance with sections 88.29 and 88.32;

(n) proper direction is given to the persons who are authorized to incur expenses and accept or solicit contributions under the direction of the registered third party;

(o) a contribution of money made or received in contravention of this Act or a by-law passed under this Act is returned to the contributor as soon as possible after the registered third party becomes aware of the contravention;

(p) a contribution not returned to the contributor under clause (o) is paid to the clerk of the municipality in which the registered third party is registered;

(q) an anonymous contribution is paid to the clerk of the municipality in which the registered third party is registered; and

(r) each contributor is informed that a contributor shall not make contributions exceeding,

(i) a total of $750 to any one registered third party in relation to third party advertisements, and

(ii) a total of $5,000 to two or more registered third parties registered in the same municipality in relation to third party advertisements.

Exclusion of certain expenses

(2) Expenses described in paragraph 2 of subsection 88.19 (3) are not expenses for the purpose of clause (1) (a).

Contributions paid to clerk

(3) Contributions paid to the clerk under clause (1) (p) or (q) become the property of the local municipality.

Effect of default by registered third party

88.27 (1) Subject to subsection (6) and in addition to any other penalty that may be imposed under this Act, an individual, corporation or trade union that is registered as a registered third party in relation to an election in a municipality is not entitled to register in relation to a subsequent election in the municipality until after the next regular election has taken place,

(a) if the registered third party fails to file a document as required under section 88.29 or 88.32 by the relevant date;

(b) if a document filed under section 88.29 shows on its face a surplus, as described in section 88.31, and the registered third party fails to pay the amount required by subsection 88.31 (4) to the clerk by the relevant date;

(c) if a document filed under section 88.29 shows on its face that the registered third party has incurred expenses exceeding what is permitted under section 88.21; or

(d) if a document filed under section 88.32 shows on its face a surplus and the registered third party fails to pay the amount required by that section by the relevant date.

Notice of default

(2) In the case of a default described in subsection (1), the clerk shall notify the registered third party in writing that the default has occurred and shall make available to the public the name of the registered third party and a description of the nature of the default.

Application to court

(3) The registered third party may, before the last day for filing a document under section 88.29 or 88.32, apply to the Superior Court of Justice to extend the time for filing the document under that section and, if the court is satisfied there are mitigating circumstances justifying a later date for filing the document, the court may grant an extension for the minimum period of time necessary to enable the registered third party to file the document but the court shall not grant an extension of more than 90 days.

Notice to clerk

(4) If a registered third party makes an application under subsection (3), the registered third party shall notify the clerk in writing before 2 p.m. on the last day for filing a document under section 88.29 or 88.32 that the application has been made.

Effect of extension

(5) If the court grants an extension under subsection (3), the penalty set out in subsection (1) applies only if the registered third party has not filed the document before the end of the extension.

Cessation of penalty

(6) The penalty set out in subsection (1) for a default described in clause (1) (a) does not take effect if, no later than 2 p.m. on the day that is 30 days after the applicable day for filing the document, the registered third party files the relevant document as required under section 88.29 or 88.32 and pays the clerk a late filing fee of $500.

Late filing fee

(7) The late filing fee is the property of the municipality.

Campaign period for registered third parties

88.28 For the purposes of this Act, the campaign period for a registered third party in relation to an election in a municipality shall be determined in accordance with the following rules:

1. The campaign period begins on the day on which the individual, corporation or trade union is registered as a registered third party in relation to the election in the municipality.

2. The campaign period ends on December 31 in the case of a regular election and 45 days after voting day in the case of a by-election.

3. Despite paragraph 2, if the registered third party has a deficit at the time the campaign period would otherwise end and the registered third party notifies the clerk in the prescribed form on or before December 31 in the case of a regular election and 45 days after voting day in the case of a by-election, the campaign period is extended and is deemed to have run continuously from the date on which the registered third party was registered until the earliest of,

i. June 30 in the year following the regular election,

ii. the end of the six-month period following the 60th day after voting day, in the case of a by-election,

iii. the day the registered third party notifies the clerk in writing that he, she or it will not accept further contributions, and

iv. the day A equals the total of B and C, where,

A = any further contributions,

B = the expenses incurred during the extension of the campaign period, and

C = the amount of the registered third party's deficit at the start of the extension of the campaign period.

4. If, after the campaign period ends under paragraph 2 or 3, the registered third party incurs expenses relating to a compliance audit and he, she or it notifies the clerk in writing, the campaign period is deemed to have recommenced and to have run continuously from the day on which the registered third party was registered until the earliest of,

i. the day the total of A and B equals the total of C and D, where,

A = any amount released to the registered third party under subsection 88.31 (7),

B = any further contributions,

C = the expenses incurred after the campaign period recommences, and

D = the amount of the registered third party's deficit, if any, before the campaign period recommenced,

ii. the day the registered third party notifies the clerk in writing that he, she or it will not accept further contributions,

iii. June 30 in the year following the regular election, and

iv. the end of the six-month period following the 60th day after voting day, in the case of a by-election.

Financial statements, etc., of registered third parties

88.29 (1) On or before 2 p.m. on the filing date, a registered third party shall file with the clerk of the municipality in which he, she or it registered a financial statement and auditor's report, each in the prescribed form, reflecting the registered third party's campaign finances in relation to third party advertisements,

(a) in the case of a regular election, as of December 31 in the year of the election; and

(b) in the case of a by-election, as of the 45th day after voting day.

Error in financial statement

(2) If an error is identified in a filed financial statement, the registered third party may withdraw the statement and, at the same time, file a corrected financial statement and auditor's report on or before the applicable filing date under section 88.30.

Supplementary financial statement and auditor's report

(3) If the campaign period for the registered third party in relation to an election in the municipality continues during all or part of the supplementary reporting period, the registered third party shall, before 2 p.m. on the supplementary filing date, file a supplementary financial statement and auditor's report for the supplementary reporting period.

Supplementary report

(4) A supplementary financial statement or auditor's report shall include all the information contained in the initial statement or report filed under subsection (1), updated to reflect the changes to the registered third party's campaign finances during the supplementary reporting period.

Auditor

(5) An auditor's report shall be prepared by an auditor licensed under the Public Accounting Act, 2004.

Exception re auditor's report

(6) No auditor's report is required if the total contributions received and total expenses incurred in the registered third party's campaign in relation to third party advertisements during an election in the municipality up to the end of the relevant period are each equal to or less than $10,000.

Notice from clerk, before filing date

(7) At least 30 days before the filing date, the clerk shall give notice of the filing requirements of this section and the penalties set out in subsections 88.27 (1) and 92 (4) to every registered third party that registered in the municipality.

Same, before supplementary filing date

(8) At least 30 days before the supplementary filing date, the clerk shall give notice of the filing requirements of this section and the penalties set out in subsections 88.27 (1) and 92 (4) to every registered third party that gave notice to the clerk under paragraph 4 of section 88.28.

Electronic filing

(9) The clerk may provide for electronic filing under this section and may establish conditions and limits with respect to electronic filing.

Documents filed after filing date

(10) If the documents required to be filed under this section are not filed by 2 p.m. on the day that is 30 days after the applicable day for filing the documents, the clerk shall accept the documents only for the purpose of making the documents available under subsection 88 (9.1).

Report by clerk

(11) As soon as possible after April 30 in the year following a regular election or 75 days after voting day in a by-election, the clerk shall make available to the public on a website or in another electronic format a list of all registered third parties for the election along with an indication of whether each has filed a financial statement and auditor's report under subsection (1).

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

Filing dates and reporting periods for candidates, registered third parties

Filing date

88.30 (1) The filing date for documents that are to be filed under section 88.25 or 88.29 is the following:

1. In the case of a regular election, the last Friday in March following the election.

2. In the case of a by-election, 75 days after voting day.

Supplementary filing date

(2) The supplementary filing date for documents that are to be filed under section 88.25 or 88.29 is the following:

1. In the case of a regular election, the last Friday in September in the year following the election.

2. In the case of a by-election, 30 days after the expiry of the six-month period described in paragraph 2 of subsection (3).

Supplementary reporting period

(3) The supplementary reporting period for documents that are to be filed under section 88.25 or 88.29 is the following:

1. In the case of a regular election, the six-month period following the year of the election.

2. In the case of a by-election, the six-month period following the 45th day after voting day.

Treatment of surplus and deficit

88.31 (1) A candidate or registered third party has a surplus if the total credits exceed the total debits, and a deficit if the reverse is true.

Total credits

(2) For the purposes of subsection (1), the total credits are the sum of,

(a) the contributions under section 88.15;

(b) any amounts of $25 or less that were donated at fund-raising functions;

(d) interest earned on campaign accounts; and

(e) revenue from the sale of election materials.

Total debits

(3) For the purposes of subsection (1), the total debits are the sum of the expenses under section 88.19.

Surplus paid to clerk

(4) If the financial statement or supplementary financial statement filed with the clerk shows a surplus and the campaign period has ended at the time the statement is filed, the candidate or registered third party shall, when the statement is filed, pay the surplus to the clerk, reduced by the amount of any refund under subsection (6).

Surplus held in trust by clerk

(5) The clerk shall hold the amount paid under subsection (4) in trust for the candidate or registered third party.

Refund

(6) If a candidate or registered third party who has a surplus has made contributions to the campaign or, in the case of an individual, if his or her spouse has made contributions to the campaign, the candidate or registered third party may, after the campaign period ends but before filing the financial statement or supplementary financial statement, as the case may be, refund to the candidate or registered third party or to the spouse, as the case may be, an amount that does not exceed the lesser of,

(a) the relevant contributions;

(b) the surplus.

Release of amount if campaign recommences

(7) If the campaign period for the candidate or registered third party recommences under paragraph 5 of subsection 88.24 (1) or paragraph 4 of section 88.28, as applicable, the clerk shall pay the amount held in trust to the candidate or registered third party, with interest.

Amount to become property of municipality or local board

(8) For a candidate, the amount held in trust becomes the property of the municipality or local board, as the case may be, when all of the following conditions are satisfied:

1. The election campaign period has ended under paragraph 2, 3 or 4 of subsection 88.24 (1).

2. It is no longer possible to recommence the campaign period under paragraph 5 of subsection 88.24 (1).

3. No recount, proceeding under section 83 (controverted elections) or compliance audit has been commenced.

4. The period for commencing a recount, a proceeding under section 83 or a compliance audit has expired.

Same, for registered third party

(9) For a registered third party, the amount held in trust becomes the property of the municipality when all of the following conditions are satisfied:

1. The campaign period has ended under paragraph 2 or 3 of section 88.28.

2. It is no longer possible to recommence the campaign period under paragraph 4 of section 88.28.

3. No compliance audit has been commenced.

4. The period for commencing a compliance audit has expired.

Transition, candidate's total debits

(10) For the 2018 regular election and for any by-election that takes place after this section comes into force and before that regular election, the total debits of a candidate shall be determined as if subsection (3) read as follows:

Total debits

(3) For the purposes of subsection (1), the total debits of a candidate are the sum of,

(a) the candidate's expenses under section 88.19 or the predecessor to that section; and

(b) any deficit from a previous election campaign of the candidate if that campaign,

(i) related to an office on the same council or local board as the present campaign, and

(ii) was in the previous regular election or a subsequent by-election.

Return of surplus for subsequent expenses

88.32 (1) This section applies if all of the following circumstances exist:

1. A candidate or registered third party has paid a surplus to the clerk under subsection 88.31 (4).

2. The candidate's election campaign period has ended under paragraph 2, 3 or 4 of subsection 88.24 (1) or the registered third party's campaign period has ended under paragraph 2 or 3 of section 88.28.

3. It is no longer possible to recommence the campaign period under paragraph 5 of subsection 88.24 (1) or paragraph 4 of section 88.28.

4. The candidate or registered third party subsequently incurs expenses relating to a compliance audit.

Return of surplus

(2) If the candidate or registered third party notifies the clerk in writing that he, she or it is incurring subsequent expenses relating to a compliance audit, the clerk shall return the amount of the surplus, with interest, to the candidate or registered third party.

Effect of return of surplus

(3) If the surplus is returned to the candidate or registered third party, he, she or it is permitted to incur expenses relating to a compliance audit but no other expenses may be incurred.

Reporting periods

(4) The first reporting period of the candidate or registered third party under this section begins on the day after the surplus is returned and ends 90 days later, and each successive period of 90 days is a further reporting period.

Financial statements

(5) For each reporting period, the candidate or registered third party shall file with the clerk a financial statement in the prescribed form reflecting the expenses of the candidate or registered third party for the reporting period, and the financial statement must be filed no later than 2 p.m. on the 10th day after the end of the reporting period.

Final financial statement

(6) If, during a reporting period, the amount of surplus is reduced to zero or any remaining surplus is no longer required by the candidate or registered third party for expenses relating to a compliance audit, the candidate or registered third party shall file a final financial statement.

Repayment of remaining surplus

(7) If the final financial statement indicates that there is any remaining surplus, the candidate or registered third party shall pay the remaining surplus to the clerk when the financial statement is filed.

Remaining surplus held in trust by clerk

(8) The clerk shall hold the amount of the remaining surplus in trust for the candidate or registered third party.

Release of amount if another compliance audit

(9) If, after the candidate or registered third party pays the remaining surplus to the clerk, another compliance audit commences, subsections (2) to (8) apply, with necessary modifications, with respect to the subsequent compliance audit.

Amount to become property of municipality or local board

(10) The amount of the remaining surplus becomes the property of the municipality or the local board, as the case may be, when the compliance audit is finally determined and the period for commencing any other compliance audit has expired.

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

Compliance Audits and Reviews of Contributions

Compliance audit of candidates' campaign finances

Application by elector

88.33 (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate's election campaign finances, even if the candidate has not filed a financial statement under section 88.25.

Requirements

(2) An application for a compliance audit shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office, and it shall be in writing and shall set out the reasons for the elector's belief.

Deadline for applications

(3) The application must be made within 90 days after the latest of the following dates:

1. The filing date under section 88.30.

2. The date the candidate filed a financial statement, if the statement was filed within 30 days after the applicable filing date under section 88.30.

3. The candidate's supplementary filing date, if any, under section 88.30.

4. The date on which the candidate's extension, if any, under subsection 88.23 (6) expires.

Compliance audit committee

(4) Within 10 days after receiving the application, the clerk of the municipality or the secretary of the local board, as the case may be, shall forward the application to the compliance audit committee.

Procedural matters

(5) The meetings of the committee under this section shall be open to the public and reasonable notice shall be given to the candidate, the applicant and the public.

Same

(6) Subsection (5) applies despite sections 207 and 208.1 of the Education Act.

Decision of committee

(7) Within 30 days after the committee has received the application, the committee shall consider the application and decide whether it should be granted or rejected.

Same

(8) The decision of the committee to grant or reject the application, and brief written reasons for the decision, shall be given to the candidate, the clerk with whom the candidate filed his or her nomination, the secretary of the local board, if applicable, and the applicant.

Appeal

(9) The decision of the committee under subsection (7) may be appealed to the Superior Court of Justice within 15 days after the decision is made, and the court may make any decision the committee could have made.

Appointment of auditor

(10) If the committee decides under subsection (7) to grant the application, it shall appoint an auditor to conduct a compliance audit of the candidate's election campaign finances.

Same

(11) Only auditors licensed under the Public Accounting Act, 2004 or prescribed persons are eligible to be appointed under subsection (10).

Duty of auditor

(12) The auditor shall promptly conduct an audit of the candidate's election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate.

Who receives report

(13) The auditor shall submit the report to the candidate, the clerk with whom the candidate filed his or her nomination, the secretary of the local board, if applicable, and the applicant.

Report to be forwarded to committee

(14) Within 10 days after receiving the report, the clerk of the municipality or the secretary of the local board shall forward the report to the compliance audit committee.

Powers of auditor

(15) For the purpose of the audit, the auditor,

(a) is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things of the candidate and of the municipality or local board; and

(b) has the powers set out in section 33 of the Public Inquiries Act, 2009 and section 33 applies to the audit.

Costs

(16) The municipality or local board shall pay the auditor's costs of performing the audit.

Decision

(17) The committee shall consider the report within 30 days after receiving it and, if the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, the committee shall decide whether to commence a legal proceeding against the candidate for the apparent contravention.

Notice of decision, reasons

(18) The decision of the committee under subsection (17), and brief written reasons for the decision, shall be given to the candidate, the clerk with whom the candidate filed his or her nomination, the secretary of the local board, if applicable, and the applicant.

Immunity

(19) No action or other proceeding for damages shall be instituted against an auditor appointed under subsection (10) for any act done in good faith in the execution or intended execution of the audit or for any alleged neglect or default in its execution in good faith.

Saving provision

(20) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances.

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

Review of contributions to candidates

88.34 (1) The clerk shall review the contributions reported on the financial statements submitted by a candidate under section 88.25 to determine whether any contributor appears to have exceeded any of the contribution limits under section 88.9.

Report, contributions to candidates for council

(2) As soon as possible following the day that is 30 days after the filing date or supplementary filing date, as the case may be, under section 88.30, the clerk shall prepare a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits under section 88.9 and,

(a) if the contributor's total contributions to a candidate for office on a council appear to exceed the limit under section 88.9, the report shall set out the contributions made by that contributor to the candidate; and

(b) if the contributor's total contributions to two or more candidates for office on the same council appear to exceed the limit under section 88.9, the report shall set out the contributions made by that contributor to all candidates for office on the same council.

Same

(3) The clerk shall prepare a separate report under subsection (2) in respect of each contributor who appears to have contravened any of the contribution limits under section 88.9.

Same

(4) The clerk shall forward each report prepared under subsection (2) to the compliance audit committee.

Report, contributions to candidates for a local board

(5) As soon as possible following the day that is 30 days after the filing date or supplementary filing date, as the case may be, under section 88.30, the clerk shall prepare a report identifying each contributor to a candidate for office on a local board who appears to have contravened any of the contribution limits under section 88.9 and,

(a) if the contributor's total contributions to a candidate for office on a local board appear to exceed the limit under section 88.9, the report shall set out the contributions made by that contributor to the candidate; and

(b) if the contributor's total contributions to two or more candidates for office on the same local board appear to exceed the limit under section 88.9, the report shall set out the contributions made by that contributor to all candidates for office on the same local board.

Same

(6) The clerk shall prepare a separate report under subsection (5) in respect of each contributor who appears to have contravened any of the contribution limits under section 88.9.

Same

(7) The clerk shall forward each report prepared under subsection (5) to the secretary of the local board for which the candidate was nominated for office and, within 10 days after receiving the report, the secretary of the local board shall forward it to the compliance audit committee.

Decision of compliance audit committee

(8) Within 30 days after receiving a report under subsection (4) or (7), the compliance audit committee shall consider it and decide whether to commence a legal proceeding against a contributor for an apparent contravention.

Procedural matters

(9) The meetings of the committee under subsection (8) shall be open to the public, and reasonable notice shall be given to the contributor, the applicable candidate and the public.

Same

(10) Subsection (9) applies despite sections 207 and 208.1 of the Education Act.

Notice of decision, reasons

(11) The decision of the committee under subsection (8), and brief written reasons for the decision, shall be given to the contributor and to the clerk of the municipality or the secretary of the local board, as the case may be.

Saving provision

(12) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to contribution limits.

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

Compliance audit of registered third parties

Application by elector

88.35 (1) An elector who is entitled to vote in an election in a municipality and believes on reasonable grounds that a registered third party who is registered in relation to the election in the municipality has contravened a provision of this Act relating to campaign finances may apply for a compliance audit of the campaign finances of the registered third party in relation to third party advertisements, even if the registered third party has not filed a financial statement under section 88.29.

Requirements

(2) An application for a compliance audit shall be made to the clerk of the municipality in which the registered third party was registered, and it shall be made in writing and shall set out the reasons for the elector's belief.

Deadline

(3) The application must be made within 90 days after the latest of the following dates:

1. The filing date under section 88.30.

2. The date the registered third party filed a financial statement, if the statement was filed within 30 days after the applicable filing date under section 88.30.

3. The supplementary filing date, if any, for the registered third party under section 88.30.

4. The date on which the registered third party's extension, if any, under subsection 88.27 (3) expires.

Application of s. 88.33 (4) to (20)

(4) Subsections 88.33 (4) to (20) apply to a compliance audit under this section, with the following modifications:

1. A reference to a candidate shall be read as a reference to the registered third party.

2. A reference to the clerk with whom the candidate filed his or her nomination shall be read as a reference to the clerk of the municipality in which the registered third party is registered.

3. A reference to election campaign finances shall be read as a reference to the campaign finances of the registered third party in relation to third party advertisements that appear during an election in the municipality.

Review of contributions to registered third parties

88.36 (1) The clerk shall review the contributions reported on the financial statements submitted by a registered third party under section 88.29 to determine whether any contributor appears to have exceeded any of the contribution limits under section 88.13.

Report by the clerk

(2) As soon as possible following the day that is 30 days after the filing date or supplementary filing date, as the case may be, under section 88.30 for a registered third party, the clerk shall prepare a report identifying each contributor to the registered third party who appears to have contravened any of the contribution limits under section 88.13 and,

(a) if the contributor's total contributions to a registered third party that is registered in the municipality appear to exceed the limit under section 88.13, the report shall set out the contributions made by that contributor to the registered third party in relation to third party advertisements; and

(b) if the contributor's total contributions to two or more registered third parties that are registered in the municipality appear to exceed the limit under section 88.13, the report shall set out the contributions made by that contributor to all registered third parties in the municipality in relation to third party advertisements.

Same

(3) The clerk shall prepare a separate report under subsection (2) in respect of each contributor who appears to have contravened any of the contribution limits under section 88.13.

Same

(4) The clerk shall forward each report prepared under subsection (2) to the compliance audit committee.

Decision of compliance audit committee

(5) Within 30 days after receiving a report under subsection (4), the compliance audit committee shall consider it and decide whether to commence a legal proceeding against a contributor for an apparent contravention.

Procedural matters

(6) The meetings of the committee under subsection (5) shall be open to the public, and reasonable notice shall be given to the contributor, the registered third party and the public.

Notice of decision, reasons

(7) The decision of the committee under subsection (5), and brief written reasons for the decision, shall be given to the contributor and to the clerk of the municipality.

Saving provision

(8) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to contribution limits.

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

Compliance audit committee

88.37 (1) A council or local board shall establish a compliance audit committee before October 1 of an election year for the purposes of this Act.

Composition

(2) The committee shall be composed of not fewer than three and not more than seven members and shall not include,

(a) employees or officers of the municipality or local board;

(b) members of the council or local board;

(d) any persons who are registered third parties in the municipality in the election for which the committee is established.

Eligibility for appointment

(3) A person who has such qualifications and satisfies such eligibility requirements as may be prescribed is eligible for appointment to the committee.

Same

(4) In appointing persons to the committee, the council or local board shall have regard to the prescribed eligibility criteria.

Term of office

(5) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed.

Role of clerk or secretary

(6) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implement the committee's decisions.

Costs

(7) The council or local board, as the case may be, shall pay all costs in relation to the committee's operation and activities.

67. Subsection 90 (3) of the Act is amended by adding the following clause:

(f) offer, give, lend, or promise or agree to give or lend any valuable consideration in order to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy.

68. (1) Section 92 of the Act is repealed and the following substituted:

Offences re campaign finances

Offences by candidate

92. (1) A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 88.23 (2),

(a) if the candidate incurs expenses that exceed the amount determined for the office under section 88.20; or

(b) if the candidate files a document under section 88.25 or 88.32 that is incorrect or otherwise does not comply with that section.

Exception, action in good faith

(2) However, if the presiding judge finds that the candidate, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalties described in subsection 88.23 (2) do not apply.

Additional penalty, candidates

(3) If the expenses incurred by or under the direction of a candidate exceed the amount determined for the office under section 88.20, the candidate is liable to a fine equal to the excess, in addition to any other penalty provided for in the Act.

(2) Section 92 of the Act, as re-enacted by subsection (1), is amended by adding the following subsections:

Offences by registered third party

(4) A registered third party is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalty described in subsection 88.27 (1),

(a) if the registered third party incurs expenses that exceed the amount determined under section 88.21; or

(b) if the registered third party files a document under section 88.29 or 88.32 that is incorrect or otherwise does not comply with that section.

Exception, action in good faith

(5) However, if the presiding judge finds that the registered third party, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalty described in subsection 88.27 (1) does not apply.

Additional penalty, registered third parties

(6) If the expenses incurred by or under the direction of a registered third party exceed the amount determined under section 88.21, the registered third party is liable to a fine equal to the excess, in addition to any other penalty provided for in the Act.

69. Section 94 of the Act is repealed and the following substituted:

General offence

94. A person who contravenes any provision of this Act or a regulation under this Act or a by-law passed by a municipality under this Act is guilty of an offence.

70. Paragraph 2 of subsection 94.1 (1) of the Act is repealed and the following substituted:

2. For any offence other than a corrupt practice, the penalties described in subsection 88.23 (2) and 88.27 (1).

71. (1) Clauses 95 (1) (a), (a.1), (b) and (c) of the Act are repealed and the following substituted:

(a) prescribe anything that is permitted or required to be prescribed or that is permitted or required to be done in accordance with the regulations or as provided in the regulations, except in sections 41.1 and 41.2;

(a.1) prescribe forms;

(b) specify circumstances in which a person is, and is not, considered to be a tenant for the purpose of clause 17 (2) (a);

(b.1) prescribe a date for the purpose of subsection 19 (1.1);

(b.2) fix the amount of the nomination filing fee referred to in clause 33 (2) (c) and specify the manner in which it shall be paid;

(2) Clauses 95 (1) (f), (g) and (i) of the Act are repealed and the following substituted:

(f) prescribe eligibility criteria for the purpose of subsection 88.37 (3) (compliance audit committee);

(3) The English version of clause 95 (1) (j) of the Act is amended by striking out "governing and clarifying" at the beginning and substituting "govern and clarify".

(4) The English version of clause 95 (1) (k) of the Act is amended by striking out "varying" at the beginning and substituting "vary".

(5) Subsection 95 (2) of the Act is amended by striking out "clause (1) (a), (a.1), (b), (c), (h), (i), (j) or (k)" and substituting "clause (1) (a.1), (b), (b.1), (b.2), (f), (h), (j) or (k)".

(6) Subsection 95 (2.1) of the Act is repealed and the following substituted:

Transitional regulations, Municipal Elections Modernization Act, 2016

(2.1) The Minister may, by regulation, provide for transitional matters that, in the opinion of the Minister, are necessary or desirable in connection with the Municipal Elections Modernization Act, 2016.

Same

(2.2) A regulation made under subsection (2.1) applies despite any provision in this or any other public or private Act.

(7) Subsection 95 (3) of the Act is amended by striking out "clause (1) (f)" and substituting "clause (1) (c)".

Complementary Amendments

Assessment Act

72. (1) Clause 2 (2) (e) of the Assessment Act is amended by striking out "or by the Municipal Elections Act".

(2) Section 15 of the Act is repealed and the following substituted:

Enumeration

15. (1) For the purposes of the Municipal Elections Act, 1996, the assessment corporation shall conduct an enumeration of the inhabitants of a municipality and locality at the times and in the manner prescribed by the Minister.

Same, non-municipal territory

(2) For the purposes of elections to boards constituted under the District Social Services Administration Boards Act or under other provincial statutes, the assessment corporation shall conduct an enumeration of the inhabitants of all or part of the non-municipal territory at the times and in the manner prescribed by the Minister.

Education Act

73. (1) Section 58.7 of the Education Act is repealed and the following substituted:

Conduct of elections

58.7 The election of members of a district school board shall be conducted in the same manner as the election of members of the council of a municipality that has not passed a by-law authorizing the use of a ranked ballot election.

(2) Subsection 63 (1) of the Act is repealed and the following substituted:

Conduct of elections

(1) The election of the board of a district school area shall be conducted in the same manner as for the members of a district school board where a district school area comprises,

(a) a municipality;

(b) all or part of two or more municipalities;

(d) territory without municipal organization and all or part of two or more municipalities.

(3) Subsection 93 (2) of the Act is amended by striking out the portion before the paragraph and substituting the following:

Same

(2) Despite section 92, if any part of the area of a rural separate school zone is in a municipality in the year of a regular election, the election of members of the rural separate school board shall be conducted, with necessary modifications, in the same manner as for members of a district school board, except that the voter shall take the following oath or make the following affirmation in English or French:

. . . . .

Commencement and Short Title

Commencement

74. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) The following provisions come into force on April 1, 2018:

1. Subsections 1 (3), (6) and (7) and 23 (1), (2) and (3).

2. Sections 47 to 50 and 52.

3. Subsections 53 (2), 55 (2) and 57 (2).

4. Sections 59, 61, 64 and 65.

5. Subsection 68 (2).

Short title

75. The short title of this Act is the Municipal Elections Modernization Act, 2016.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 181 and does not form part of the law. Bill 181 has been enacted as Chapter 15 of the Statutes of Ontario, 2016.

The Bill amends the Municipal Elections Act, 1996 and makes complementary amendments to the Assessment Act and the Education Act. Here are some highlights.

Changes to the election calendar:

Currently, for a regular election, the period for filing nominations begins on January 1 in the year of the election and ends on the second Friday in September. Amendments to the Act reduce this period, so that it begins on May 1 and ends on the fourth Friday in July. (See the amendments to section 31 and clause 33 (4) (a) of the Act.) Deadlines that relate to putting questions on a ballot are also changed. (See the amendments to subsections 8 (5.1) and (5.2) and clause 8.1 (1) (a) of the Act.)

Related and consequential amendments are made to other provisions of the Act that establish or refer to time periods for elections.

Eligibility to run for office:

Under amendments to section 33 of the Act, the nomination of a candidate for an office on a municipal council must be endorsed by at least 25 persons who are eligible to vote in the municipality. A person may endorse more than one nomination.

Eligibility to vote:

Under an amendment to section 17 of the Act, the Minister is authorized to make regulations governing who is, and is not, considered to be a tenant for the purpose of determining eligibility to vote in a local municipality.

Ranked ballot elections:

A framework is established for conducting ranked ballot elections for offices on a municipal council. The expression "ranked ballot election", as defined in section 1 of the Act, is described in new subsection 41.1 (1) of the Act. Regulations may authorize municipalities to conduct ranked ballot elections, and may provide that ranked ballot elections are authorized for only specified offices on a municipal council. The regulations will establish standards and procedures for the conduct of ranked ballot elections, including rules to govern ballots, voting procedures and the counting of votes. (See new section 41.1 of the Act.)

If a regulation authorizes the use of ranked ballot elections, municipalities may pass by-laws with respect to them. Regulations may impose conditions and limitations on the authority of municipalities to pass these by-laws, and may impose requirements about public consultation. (See new section 41.2 of the Act.)

Advertising by candidates during an election campaign:

Under a new section 88.3 of the Act, candidates are required to identify themselves on their election campaign advertisements. Municipalities are authorized to remove election campaign advertisements in case of a contravention. (See section 88.7 of the Act.)

Advertising by third parties during an election campaign:

A framework is established for third party advertisements that appear during an election campaign. The expression "third party advertisement" is defined in section 1 of the Act, and certain exceptions are specified in that section.

Only individuals, corporations and trade unions who are registered as registered third parties in a municipality can incur expenses for third party advertisements that appear during the restricted period for such advertisements. Spending limits are imposed. (See new section 88.4 of the Act.)

Registered third parties are required to identify themselves on their advertisements. (See new section 88.5 of the Act.)

A new section 88.6 of the Act governs the registration of third party advertisers. Eligibility to be a registered third party is restricted. For example, a candidate cannot be a registered third party.

Municipalities are authorized to remove third party advertisements in case of a contravention. (See section 88.7 of the Act.)

Campaign contributions to candidates:

Contributions to candidates are currently governed by the Act. Section 66 of the Act currently specifies what is, and is not, a contribution. Sections 70 to 74 impose restrictions with respect to contributions, including specifying maximum amounts that can be contributed to candidates. Section 82 provides for contribution rebates. Those sections are re-enacted as sections 88.8 to 88.11 and 88.15 to 88.18 of the Act. Some amendments are made. For example, currently donations of $10 or less at fund-raising functions are not considered to be contributions. An amendment increases that amount to $25, and provides that goods and services that are sold for $25 or less at a fund-raising function for $25 or less are not considered to be contributions.

Currently, section 70.1 of the Act authorizes the City of Toronto to prohibit corporations and trade unions from making contributions to candidates for city council. That section is repealed. Under new section 88.8 of the Act, corporations and trade unions cannot make contributions to candidates.

Under new section 88.34 of the Act, the clerk of a municipality is required to review the contributions that are reported on a candidate's financial statements to determine whether any contributors appear to have exceeded the contribution limits. The clerk makes a report about each such contributor to the municipal council and forwards the report to the compliance audit committee. The secretary of a local board has analogous duties and responsibilities in connection with candidates for local boards.

Contributions to registered third parties:

New sections 88.12 to 88.17 of the Act govern contributions to registered third parties in relation to third party advertisements. In general terms, the rules are analogous to those that govern contributions to candidates. For example, contributions may only be made to third party advertisers who are registered, and only during the applicable campaign period. Corporations and trade unions are permitted to make contributions to registered third parties. Maximum amounts that may be contributed to registered third parties are specified.

Under new section 88.36 of the Act, the clerk of a municipality is required to review the contributions that are reported on the financial statements of a registered third party to determine whether any contributors appear to have exceeded the contribution limits. The clerk makes a report about each such contributor to the municipal council, and forwards the report to the compliance audit committee.

Campaign expenses of candidates and of registered third parties:

Currently, sections 67 and 76 of the Act impose restrictions on candidates' campaign expenses. Those sections are re-enacted as sections 88.19 and 88.20 of the Act. Some amendments are made. For example, a new spending limit is imposed on expenses for holding parties and making other expressions of appreciation after the close of voting. (See the new subsections 88.20 (9) and (10) of the Act.)

For registered third parties, analogous restrictions are imposed on the expenses that they are permitted to incur in relation to third party advertisements. (See new sections 88.19 and 88.21 of the Act.)

Financial statements of candidates and registered third parties:

Currently, candidates are required by sections 78 and 79.1 of the Act to file certain financial statements and auditor's reports with the clerk of the municipality, by the deadlines specified in section 79 of the Act. Those sections are re-enacted as new sections 88.25 and 88.30 to 88.32 of the Act. Some amendments are made. For registered third parties, analogous financial statements and auditor's reports are required and the same deadlines apply as for candidates. (See new sections 88.29 and 88.30 to 88.32 of the Act.)

Under 34 of the Act, as re-enacted, a candidate's nomination fee is refunded if the candidate's financial statement and auditor's report are filed on time. Currently, the fee is refunded if the candidate withdraws the nomination, is elected to office or receives more than a specified percentage of the votes cast.

Currently, section 80 of the Act imposes automatic penalties on a candidate for a default in filing a financial statement by a specified deadline, for incurring expenses greater than the allowed maximum or for failing to pay the amount of any surplus to the clerk in accordance with the Act. That section is re-enacted as new section 88.23 of the Act, and an amendment is made. Under the amendment, a candidate is permitted to avoid the automatic penalties for failing to file a financial statement by the specified deadline if the candidate pays a late filing fee of $500 and files the report within 30 days after the specified deadline.

For registered third parties, the automatic penalty for analogous defaults is set out in new section 88.27 of the Act: the registered third party is not entitled to register again until after the next regular election has taken place. However, a registered third party is permitted to avoid the automatic penalty for failing to file a financial statement by the specified deadline if the registered third party pays a late filing fee of $500 and files the report within 30 days after the specified deadline.

The clerk of the municipality is required to give the public a report setting out which candidates and registered third parties have filed their financial statement and auditor's report by the deadline, and which candidates and registered third parties have not done so. (See new subsections 88.23 (4) and (5) and 88.29 (11) of the Act.)

Administration of elections:

Currently, section 12.1 of the Act requires the clerk of a municipality to have regard to the needs of electors and candidates with disabilities. An amendment to that section requires the clerk to prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities, and to make the plan available to the public before voting day. The clerk's report to council after voting day about the identification, removal and prevention of barriers must also be made available to the public.

For advance voting, section 43 of the Act currently authorizes the municipal council to establish the dates and hours for voting. An amendment transfers this authority to the clerk of the municipality.

Section 56 of the Act, which requires a recount to be held in case of a tie, is amended. The amendments authorize a municipality or local board to adopt a policy with respect to the circumstances in which the municipality or local board requires the clerk to hold a recount. The clerk is required to hold a recount in accordance with the policy.

[41] Bill 181 As Amended by Standing Committee (PDF)

Bill 181 2016

An Act to amend the Municipal Elections Act, 1996 and to make complementary amendments to other Acts

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

1. (1) Subsection 1 (1) of the Municipal Elections Act, 1996 is amended by adding the following definition:

"compliance audit committee" means, in relation to a municipality or local board, the committee established under section 88.38; ("comité de vérification de conformité")