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Municipal Elections Act, 1996

S.O. 1996, CHAPTER 32
Schedule

Consolidation Period: From June 4, 2007 to the e-Laws currency date.

Last amendment: 2007, c. 15, s. 40.

SKIP TABLE OF CONTENTS

CONTENTS

General

Definitions

1.  (1)  In this Act,

“by-election” means an election other than a regular election; (“élection partielle”)

“candidate” means a person who has been nominated under section 33; (“candidat”)

“certified candidate” means a candidate whose nomination has been certified under section 35; (“candidat certifié”)

“clerk” means the clerk of a municipality; (“secrétaire”)

“fund-raising function” means an event intended to raise money for a person’s election campaign; (“activité de financement”)

“local board” means a local board as defined in the Municipal Affairs Act, including a police village; (“conseil local”)

“locality” means territory without municipal organization that is deemed to be a district municipality under the Education Act; (“localité”)

“office” means an office election to which is governed by this Act; (“poste”)

“owner or tenant”, in relation to an election, means a person who is the owner or tenant shown on the assessment roll of land assessed under the Assessment Act and a non-residential tenant of land assessed under the Assessment Act, whether or not the tenant is shown on the assessment roll, but does not include an owner or tenant of land who is entitled to use the land under a time share contract unless the person is entitled to use the land,

(a) on voting day, or

(b) for a period of six weeks or more during the calendar year in which voting day of the election is held; (“propriétaire ou locataire”)

“prescribed” means prescribed by the Minister; (“prescrit”)

“qualifying address” means the address that qualifies an elector under section 17; (“adresse habilitante”)

“tenant” includes an occupant and a person in possession other than the owner; (“locataire”)

“time share contract” means a contract by which a person acquires the right to use a property for residential purposes,

(a) for a period of time each year, or other interval, and

(b) as part of a plan that provides for the use of the property to circulate among persons participating in the plan; (“contrat de multipropriété”)

“trade union” means a trade union as defined in the Labour Relations Act, 1995 or the Canada Labour Code (Canada) and includes a central, regional or district labour council in Ontario; (“syndicat”)

“voting day” means the day on which the final vote is to be taken in an election. (“jour du scrutin”) 1996, c. 32, Sched., s. 1; 1997, c. 31, s. 157 (1); 2002, c. 17, Sched. D, s. 1; 2002, c. 17, Sched. F, Table.

Transition: electors of certain boards

(2)  In 1997,

(a) “public school elector” includes an elector of the Conseil des écoles publiques d’Ottawa-Carleton and an elector of The Metropolitan Toronto French-language School Council; and

(b) “separate school elector” includes an elector of the Conseil des écoles catholiques de langue française de la région d’Ottawa-Carleton and an elector of the Conseil des écoles séparées catholiques de langue française de Prescott-Russell. 1997, c. 3, s. 11 (1).

Residence

2.(1)For the purposes of this Act, a person’s residence is the permanent lodging place to which, whenever absent, he or she intends to return. 1996, c. 32, Sched., s. 2 (1).

Rules

(2)The following rules apply in determining a person’s residence:

1. A person may only have one residence at a time.

2. The place where a person’s family resides is also his or her residence, unless he or she moves elsewhere with the intention of changing his or her permanent lodging place.

3. If a person has no other permanent lodging place, the place where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns is his or her residence. 1996, c. 32, Sched., s. 2 (2).

Rules if no permanent lodging place

(3)If a person has no permanent lodging place as described in subsections (1) and (2), the following rules apply in determining his or her residence:

1. The place to which the person most frequently returned to sleep or eat during the five weeks preceding the determination is his or her residence.

2. If the person returns with equal frequency to one place to sleep and to another to eat, the place to which he or she returns to sleep is his or her residence.

3. Multiple returns to the same place during a single day, whether to eat or to sleep, shall be considered one return.

4. A person’s affidavit regarding the places to which he or she returned to eat or sleep during a given time period is conclusive, in the absence of evidence to the contrary. 1996, c. 32, Sched., s. 2 (3).

Application of Act

3.This Act applies to:

1. An election to an office on:

i. the council of a local municipality,

ii. the council of an upper-tier municipality, if the holder of the office is required to be elected by the electors of one or more local municipalities,

iii. a local board, if the holder of the office is required to be elected in the same manner as members of the council of a local municipality.

2. An election to obtain the assent of electors to a by-law as required or authorized by law.

3. An election to obtain the opinion of the electors on any question as required or authorized by law. 1996, c. 32, Sched., s. 3.

Regular elections

4.  (1)  A regular election to fill offices shall be held in 2006 and in every fourth year thereafter. 2006, c. 9, Sched. H, s. 1.

By-laws and questions, municipalities

(2)A vote on a by-law or question that a municipality wishes to submit to the electors shall be combined with the next regular election, unless the municipality provides, by by-law, that the vote shall be held at another time. 1996, c. 32, Sched., s. 4 (2).

Questions, local boards and Minister

(3)Subsection (2) applies with necessary modifications to a vote on a question that a local board or the Minister wishes to submit to the electors. 1996, c. 32, Sched., s. 4 (3).

Exception

(4)The vote on a question under section 53 or 54 of the Liquor Licence Act may be held at another time than the next regular election only with the approval of the Liquor Licence Board of Ontario under section 55 of that Act. 1996, c. 32, Sched., s. 4 (4).

Voting day

5.Voting day in a regular election is the second Monday in November, subject to section 10. 1996, c. 32, Sched., s. 5.

Four-year term

6.  (1)  The term of all offices to which this Act applies is four years, beginning on December 1 in the year of a regular election. 2006, c. 9, Sched. H, s. 2.

Application of subsection (1)

(2)Subsection (1) prevails over a provision in any other Act fixing the term of an office to which this Act applies. 1996, c. 32, Sched., s. 6 (2).

Term continues

(3)The holders of offices continue to hold office until their successors are elected and the newly elected council or local board is organized. 1996, c. 32, Sched., s. 6 (3).

Transition: terms following 1997 school board elections

(4)Despite subsections (1) and (3),

(a) the term of office of a member of an old board, as defined in subsection 1 (1) of the Education Act, continues until the board is dissolved by or under any Act or is merged or amalgamated with a district school board by or under any Act;

(b) the term of office of a member of a district school board who is elected in 1997 begins on January 1, 1998. 1997, c. 3, s. 11 (2); 1997, c. 31, s. 157 (2).

Same

(5)The term of office of a member of a district school board who is elected in 1997 continues and ends in accordance with subsections (1) and (3) as if the member’s term had commenced on December 1, 1997. 1997, c. 3, s. 11 (2).

Cost of election payable by local municipality

7.  (1)  Unless an Act specifically provides otherwise, the costs incurred by the clerk of a local municipality in conducting an election shall be paid by the local municipality. 1996, c. 32, Sched., s. 7 (1).

Payment on certification

(2)  The local municipality shall pay the costs as soon as possible after its clerk has signed a certificate verifying the amount. 1996, c. 32, Sched., s. 7 (2).

Exceptions: recounts, by-elections

(3)  Despite subsection (1), the local municipality shall be reimbursed for its reasonable costs in the following situations:

1. When the clerk conducts a recount in a regular election with respect to,

i. an office on a local board or upper-tier municipality,

ii. a by-law or question submitted by an upper-tier municipality, or

iii. a question submitted by a local board or the Minister.

2. When the clerk conducts a by-election for a local board or an upper-tier municipality or the Minister, or a recount in such a by-election. 1996, c. 32, Sched., s. 7 (3).

Payment on certification

(4)  The local board or upper-tier municipality or the Minister, as the case may be, shall pay the costs referred to in subsection (3) as soon as possible after receiving a certificate verifying the amount and signed by the clerk of the local municipality. 1996, c. 32, Sched., s. 7 (4).

(5)  Repealed: 2002, c. 17, Sched. D, s. 2.

Submission of by-laws and questions

8.  (1)  The council of a municipality may pass a by-law to submit to its electors,

(a) a proposed by-law requiring their assent;

(b) subject to section 8.1, a question not otherwise authorized by law but within the council’s jurisdiction;

(c) subject to section 8.1, a question, the wording of which is established by an Act or a regulation under an Act. 1996, c. 32, Sched., s. 8 (1); 2000, c. 5, s. 27 (1).

Submission of question, local board

(2)  A local board described in subparagraph iii of paragraph 1 of section 3 may pass a resolution to submit to its electors a question not otherwise authorized by law but within the local board’s jurisdiction. 1996, c. 32, Sched., s. 8 (2).

(2.1)  Repealed: 2000, c. 5, s. 27 (2).

Question by Minister

(3)  The Minister may make an order requiring the clerk of a local municipality to submit a question to the electors of his or her municipality. 1996, c. 32, Sched., s. 8 (3).

Transmission to clerk

(4)  When an upper-tier municipality acts under subsection (1), its clerk shall transmit to the clerk who is responsible for conducting the election a copy of the by-law and the proposed by-law or question. 1996, c. 32, Sched., s. 8 (4).

Same

(5)  When a local board acts under subsection (2), its secretary shall transmit to the clerk who is responsible for conducting the election a copy of the resolution and question. 1996, c. 32, Sched., s. 8 (5).

Restriction

(5.1)  For the purposes of a regular election, the clerk who is responsible for conducting the election is not required to submit a by-law or question to the electors unless on or before September 1 of the election year,

(a) in the case of a question of the Minister, the order under subsection (3) is transmitted to the clerk;

(b) in the case of a by-law or question of an upper-tier municipality, subsection (4) is complied with;

(c) in the case of a question of a local board, subsection (5) is complied with; or

(d) despite the Fluoridation Act, in the case of a petition under the Fluoridation Act, the petition is transmitted to the clerk. 2002, c. 17, Sched. D, s. 3.

Deemed transmission of petition

(5.2)  Despite the Fluoridation Act, if a petition under the Fluoridation Act is submitted in the election year of a regular election after September 1, the petition is deemed to have been transmitted to the clerk on February 1 of the following year. 2002, c. 17, Sched. D, s. 3.

Notice to electors

(6)  The clerk who is responsible for conducting the election shall give the electors notice of by-laws and questions referred to in this section. 1996, c. 32, Sched., s. 8 (6).

Cost of giving notice

(7)  The upper-tier municipality or local board or the Minister, as the case may be, shall pay the local municipality’s reasonable costs of giving notice under subsection (6), as soon as possible after receiving a certificate verifying the amount and signed by the clerk of the local municipality. 1996, c. 32, Sched., s. 8 (7).

Assent to by-law

(8)  A by-law is assented to,

(a) in the case of a local municipality, if a majority of the votes cast in the municipality are in favour of the by-law;

(b) in the case of an upper-tier municipality, if a majority of the votes cast in all the local municipalities are in favour of the by-law. 1996, c. 32, Sched., s. 8 (8).

Result of vote

(9)  When the time for applying for a recount has expired without an application being made, or when any application for a recount has been finally disposed of, the clerk shall certify the result of the vote in his or her municipality to the clerk of the upper-tier municipality, the secretary of the local board or the Minister, as the case may be. 1996, c. 32, Sched., s. 8 (9).

Waiting period

(10)  A council shall not consider a proposed by-law to which the electors’ assent has been obtained until the 14th day after the result of the vote is certified. 1996, c. 32, Sched., s. 8 (10).

Conflicts

(11)  In cases of conflict, the Act or regulation establishing the wording of a question under clause (1) (c) or the Act authorizing the regulation establishing the wording of the question prevails over this Act or a regulation under this Act. 2000, c. 5, s. 27 (3).

Conditions re: submitting a question

8.1(1)A by-law to submit a question to the electors under clause 8 (1) (b) or (c),

(a) shall be passed at least 180 days before voting day in the election at which it is intended to submit the question to the electors;

(b) cannot be amended after the last date referred to in clause (a); and

(c) despite clause (b), can be repealed on or before nomination day and, if the election does not include an election for an office, on or before the 31st day before voting day. 2000, c. 5, s. 28.

Rules

(2)A question authorized by by-law under clause 8 (1) (b) shall comply with the following rules:

1. It shall concern a matter within the jurisdiction of the municipality.

2. Despite rule 1, it shall not concern a matter which has been prescribed by the Minister as a matter of provincial interest.

3. It shall be clear, concise and neutral.

4. It shall be capable of being answered in the affirmative or the negative and the only permitted answers to the question are “yes” or “no”. 2000, c. 5, s. 28.

Notice of intent

(3)Before passing a by-law under clause 8 (1) (b) or (c), the clerk shall give at least 10 days notice of the intention to pass the by-law to the public and the Minister and hold at least one public meeting to consider the matter. 2000, c. 5, s. 28.

Notice of by-law

(4)Within 15 days after a municipality passes a by-law under clause 8 (1) (b) or (c), the clerk shall give notice of the passage of the by-law to the public and the Minister. 2000, c. 5, s. 28.

Contents

(5)A notice under subsections (3) and (4) shall include,

(a) the wording of the question;

(b) in the case of a by-law under clause 8 (1) (b), a clear, concise and neutral description of the consequences of the question if it is approved and the consequences if it is rejected with the special majority under section 8.2, including an estimate of the costs, if any, that the municipality may incur in implementing the results of the question; and

(c) in the case of a by-law under clause 8 (1) (b), a description of the right to appeal under subsection (6) including, in the case of a notice under subsection (4), the last day for filing a notice of appeal. 2000, c. 5, s. 28.

Appeal

(6)Within 20 days after the clerk gives notice of the passage of a by-law under clause 8 (1) (b), the Minister or any other person or entity may appeal to the Chief Electoral Officer of the Province of Ontario on the grounds the question does not comply with paragraph 3 or 4 of subsection (2) by filing with the clerk a notice of appeal setting out the objections and the reasons in support of the objections. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1).

Notices to be forwarded

(7)The clerk shall, within 15 days after the last day for filing a notice of appeal under subsection (6), forward any notices of appeal received to the Chief Electoral Officer. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1).

Other information

(8)The clerk shall provide any other information or material to the Chief Electoral Officer that the Chief Electoral Officer requires in connection with the appeal. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1).

Hearing

(9)The Chief Electoral Officer or his or her designate shall, within 60 days of receiving notices under subsection (7), hold a hearing and dismiss the appeal or allow the appeal in whole or in part. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1).

Order

(10)If the Chief Electoral Officer allows the appeal in whole or in part, the Chief Electoral Officer may make an order amending the by-law or directing the municipality to amend the by-law in the manner ordered. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1).

Non-application

(11)Subsections (1) and (3) to (9) do not apply to anything done pursuant to an order under subsection (10). 2000, c. 5, s. 28.

Results

8.2(1)The results of a question authorized by a by-law under clause 8 (1) (b) are binding on the municipality which passed the by-law if,

(a) at least 50 per cent of the eligible electors in the municipality vote on the question; and

(b) more than 50 per cent of the votes on the question are in favour of those results. 2000, c. 5, s. 28.

Determination of number of votes

(2)For the purpose of clause (1) (a), the number of eligible electors shall be determined from the voters’ lists as they exist at the close of voting. 2000, c. 5, s. 28.

Implementation

8.3  (1)  If the results of a question authorized by a by-law under clause 8 (1) (b) are binding on a municipality,

(a) if an affirmative answer received the majority of the votes, the municipality shall do everything in its power to implement the results of the question in a timely manner; and

(b) if a negative answer received the majority of the votes, the municipality shall not do anything within its jurisdiction to implement the matter which was the subject of the question for a period of four years following voting day. 2000, c. 5, s. 28; 2006, c. 9, Sched. H, s. 3 (1).

Same

(2)  Without limiting subsection (1), the municipality shall, between 14 and 180 days after voting day,

(a) if a by-law or resolution is required to implement the results of the question, ensure that it is prepared and placed before council or, if a series of by-laws are required to implement the results, ensure that the first of the series is prepared and placed before council;

(b) despite clause (a), if passage of a by-law or resolution required to implement the results of the question is subject to a condition precedent under a regulation or statute (such as giving notice or holding a public hearing), ensure the initial steps have been taken to comply with the condition;

(c) if administrative action to change a policy or practice is required to implement the results of the question, instruct municipal staff to take that action. 2000, c. 5, s. 28.

Limitation

(3)  For the purpose of clause (1) (a), it is not within the jurisdiction of the municipality to eliminate or override any substantive or procedural legal right of any person or entity who is or may be affected by the implementation of the results of the question as illustrated by the following examples:

1. If a zoning change under the Planning Act is necessary to implement the results, the binding effect of the question is subject to the Planning Act and the discretion of the municipality under that Act is not constrained. If the zoning change is approved, the municipality is bound to implement the results; if it is not approved, the municipality is not bound.

2. If the results of the question require the passage of a by-law which requires notice to be given and at least one public meeting to be held to consider the matter before the by-law is passed, the binding effect of the question is subject to these procedural requirements and the discretion of the municipality to proceed following the public meeting is not constrained. If, after the public meeting, the municipality decides not to implement the results of the question, it is not required to do so. 2000, c. 5, s. 28.

Order

(4)  A court presiding over a proceeding in respect of a recount, an offence under this Act or a proceeding under section 83 (controverted elections) may make an order temporarily staying the requirement of a municipality to implement the results of a question under this Act if satisfied that the requirement may be directly or indirectly affected by the proceeding. 2000, c. 5, s. 28.

Time restriction

(5)  A municipality that has passed a by-law or resolution or taken any other action to implement the results of the question shall not do anything within its jurisdiction to reverse or substantially change the action for a period of four years following the day the action took effect. 2000, c. 5, s. 28; 2006, c. 9, Sched. H, s. 3 (2).

Exception

(6)  Nothing in this section requires a municipality to do anything or prevents a municipality from doing anything if,

(a) a subsequent binding question authorizes such action or inaction; or

(b) the council is of the opinion, reasonably held, that there has been a material change in circumstances since the time it passed the by-law under clause 8 (1) (b) to put the binding question to the electors. 2000, c. 5, s. 28.

Language of notices and forms

9.(1)Notices, forms and other information provided under this Act shall be made available in English only, unless the council of the municipality has passed a by-law under subsection (2). 1996, c. 32, Sched., s. 9 (1).

By-law

(2)A municipal council may pass a by-law allowing the use of,

(a) French, in addition to English, in prescribed forms;

(b) French, other languages other than English, or both, in notices, forms (other than prescribed forms) and other information provided under this Act. 1996, c. 32, Sched., s. 9 (2).

Non-application

(3)This section does not apply with respect to notices, forms and other information provided under this Act in respect of the election of the persons described in clauses 9.1 (1) (a) and (b). 1999, c. 14, Sched. F, s. 6 (2).

Bilingual notices and forms

9.1(1)This section applies with respect to notices, forms and other information provided under this Act in respect of the election of,

(a) members of a French-language district school board; or

(b) members of a school authority that,

(i) has established, operated or maintained a French-language instructional unit within the year before voting day, or

(ii) is subject to an agreement, resolution or order under Part XII of the Education Act that requires the school authority to establish, operate or maintain a French-language instructional unit. 1999, c. 14, Sched. F, s. 6 (3).

Language of notices, etc.

(2)Notices, forms and other information provided under this Act with respect to the matters described in subsection (1) shall be made available in English and French and shall not be provided in any other language unless the council of the municipality has passed a by-law under subsection (3). 1999, c. 14, Sched. F, s. 6 (3).

By-law

(3)A municipal council may pass a by-law allowing the use of languages other than English and French in notices, forms (other than prescribed forms) and other information provided under this Act with respect to the matters described in subsection (1). 1999, c. 14, Sched. F, s. 6 (3).

Interpretation

(4)In this section, “French-language district school board”, “French-language instructional unit” and “school authority” have the same meaning as in subsection 1 (1) of the Education Act. 1999, c. 14, Sched. F, s. 6 (3).

Saturdays and holidays

10.(1)A time limited by this Act that would otherwise expire on a Saturday or holiday shall be deemed to expire on the next day that is neither a Saturday nor a holiday. 1996, c. 32, Sched., s. 10 (1).

Exception

(2)When voting day is determined under subsection (1), the days fixed for other procedures in the election are unaffected. 1996, c. 32, Sched., s. 10 (2).

Election Officials

Duties of clerk

11.  (1)  The clerk of a local municipality is responsible for conducting elections within that municipality, subject to the following exceptions:

1. The clerks specified in the regulations made under the Education Act are responsible for certain aspects of the elections of members of school boards, as set out in those regulations.

2. The clerks specified in section 11.1 are responsible for certain aspects of the election of members of the council of an upper-tier municipality, as provided for in that section.

3. Repealed: 2002, c. 17, Sched. F, Table.

4. The clerks specified in subsection (5) are responsible for certain aspects of the election with respect to a question an upper-tier municipality submits to its electors under clause 8 (1) (b) or (c). 1996, c. 32, Sched., s. 11 (1); 1999, c. 14, Sched. F, s. 6 (4); 2000, c. 5, s. 29 (1); 2002, c. 17, Sched. F, Table.

Same

(2)  Responsibility for conducting an election includes responsibility for,

(a) preparing for the election;

(b) preparing for and conducting a recount in the election; and

(c) maintaining peace and order in connection with the election. 1996, c. 32, Sched., s. 11 (2).

Locality, secretary of school board

(3)  The secretary of a school board is responsible for conducting elections of members of the board who are to be elected by the electors of a locality; in that case, this Act applies as if the secretary were the clerk, the school board were the council of a local municipality and the locality were the geographic area of a local municipality. 1996, c. 32, Sched., s. 11 (3).

Police village

(4)  If a police village is situated in more than one local municipality, the clerk of each local municipality is responsible for conducting the election within that municipality, subject to the following:

1. Nominations for office on the police village shall be filed with the clerk of the local municipality with the largest number of electors of the police village.

2. As soon as possible after the close of nominations, the clerk with whom they were filed shall provide the clerks of the other local municipalities with a list of certified candidates.

3. The clerk of each local municipality shall certify the results of the election to the clerk with whom nominations were filed.

4. The clerk with whom nominations were filed shall prepare the final summary and announce the election results. 1996, c. 32, Sched., s. 11 (4).

Upper-tier municipality

(5)  Where an upper-tier municipality is submitting a question to its electors under clause 8 (1) (b) or (c), the clerk of the upper-tier municipality is responsible for conducting the election on the question except that the clerk of each local municipality which forms part of the upper-tier municipality for municipal purposes is responsible for recording the vote in the local municipality subject to the following:

1. Registration to incur expenses with respect to the question shall be filed with the clerk of the upper-tier municipality.

2. As soon as possible after the close of nominations or, in the case where the election does not involve an election for an office, no later than 28 days before voting day, the clerk of the upper-tier municipality shall provide the clerks of each of the local municipalities with a list of individuals, corporations or trade unions registered to incur expenses with respect to the question.

3. The clerk of each local municipality shall, subject to subsection 8 (9), certify the results of the election to the clerk of the upper-tier municipality.

4. The clerk of the upper-tier municipality shall prepare the final summary and announce the election results. 2000, c. 5, s. 29 (2).

Special case

11.1  (1)  Subject to subsection (2), this section applies to an upper-tier municipality if a member of the council of the upper-tier municipality is to be elected to the council by the electors of all or part of one or more lower-tier municipalities within the upper-tier municipality. 2002, c. 17, Sched. F, Table.

Exception

(2)  This section and section 11.2 do not apply if the member mentioned in subsection (1) is to be elected also to the council of a lower-tier municipality within the upper-tier municipality. 2002, c. 17, Sched. F, Table.

Responsibility of upper-tier clerk

(3)  Subject to subsection (5), the clerk of the upper-tier municipality is the person responsible for conducting an election for the office of a member mentioned in subsection (1). 2002, c. 17, Sched. F, Table.

Filing of nominations

(4)  Nominations for the office shall be filed with the clerk of the upper-tier municipality who shall send the names of the candidates by registered mail within 48 hours after the closing of nominations to the clerk of each lower-tier municipality in which the election is to be held. 2002, c. 17, Sched. F, Table.

Responsibility of lower-tier clerk

(5)  The clerk of each lower-tier municipality in which an election is to be held for the office of a member mentioned in subsection (1) is the person responsible for conducting the election in the lower-tier municipality and shall promptly report the vote recorded to the clerk of the upper-tier municipality who shall prepare the final summary and announce the result of the vote. 2002, c. 17, Sched. F, Table.

Regulations

11.2  (1)  Despite this Act, the Minister may by regulation provide for those matters which, in the opinion of the Minister, are necessary or expedient to conduct the election of the members of the council of an upper-tier municipality that is mentioned in section 11.1 and the members of the councils of its lower-tier municipalities. 2002, c. 17, Sched. F, Table.

Scope

(2)  A regulation under subsection (1) may be general or specific in its application. 2002, c. 17, Sched. F, Table.

Powers of clerk

12.  (1)  A clerk who is responsible for conducting an election may provide for any matter or procedure that,

(a) is not otherwise provided for in an Act or regulation; and

(b) in the clerk’s opinion, is necessary or desirable for conducting the election. 1996, c. 32, Sched., s. 12 (1).

Forms

(2)  The power conferred by subsection (1) includes power to establish forms, including forms of oaths and statutory declarations, and power to require their use. 1996, c. 32, Sched., s. 12 (2).

Proof of identification, qualification, etc.

(3)  The power conferred by subsection (1) includes power to require a person, as a condition of doing anything or having an election official do anything under this Act, to furnish proof that is satisfactory to the election official of the person’s identity or qualifications, including citizenship or residency, or of any other matter. 1996, c. 32, Sched., s. 12 (3); 2002, c. 17, Sched. D, s. 4.

Notice by clerk

13.(1)Any notice or other information that this Act requires the clerk to give shall be given in a form and manner and at a time that the clerk considers adequate to give reasonable notice or to convey the information, as the case may be. 1996, c. 32, Sched., s. 13 (1).

Information about rights under Act

(2)The clerk shall provide electors, candidates and persons who are eligible to be electors with information to enable them to exercise their rights under this Act. 1996, c. 32, Sched., s. 13 (2).

Original documents

14.A document that is filed with an election official under this Act and that is required to be signed shall bear only original signatures. 1996, c. 32, Sched., s. 14.

Deputy returning officer and other election officials

15.(1)When it is necessary to conduct an election, the clerk shall appoint a deputy returning officer for each voting place established under section 45 and may appoint any other election officials for the election and for any recount that the clerk considers are required. 1996, c. 32, Sched., s. 15 (1).

Delegation

(2)The clerk may delegate to a deputy returning officer or other election official any of the clerk’s powers and duties in relation to an election, as he or she considers necessary. 1996, c. 32, Sched., s. 15 (2).

Clerk retains powers and duties

(3)The clerk may continue to exercise the delegated powers and duties, despite the delegation. 1996, c. 32, Sched., s. 15 (3).

Delegation in writing

(4)The delegation shall be in writing. 1996, c. 32, Sched., s. 15 (4).

Scrutineers

Scrutineers at election of candidate

16.(1)A candidate may appoint scrutineers to represent him or her during voting and at the counting of votes, including a recount. 1996, c. 32, Sched., s. 16 (1).

Same, at vote on by-law or question

(2)A municipality may appoint scrutineers in relation to voting on a by-law or question submitted to the electors, to attend at a voting place and at the counting of votes, including a recount. 1996, c. 32, Sched., s. 16 (2).

Same, question submitted by local board or Minister

(3)When a local board or the Minister has submitted a question to the electors, subsection (2) applies with necessary modifications. 1996, c. 32, Sched., s. 16 (3).

Scrutineers for applicant under s. 58

(4)An elector who applies for a recount under section 58 may appoint scrutineers to represent him or her at the recount. 1996, c. 32, Sched., s. 16 (4).

Manner of appointment

(5)The appointment of a scrutineer shall be in writing if made by a candidate or applicant or by the Minister, and by resolution if made by a municipality or local board. 1996, c. 32, Sched., s. 16 (5).

Proof of appointment

(6)A scrutineer shall, on request, show proof of his or her appointment to the election official in charge of a voting place or of a place where votes are being counted. 1996, c. 32, Sched., s. 16 (6).

Voters’ List

Qualifications of electors

17.  (1)  Repealed: 2002, c. 17, Sched. D, s. 5 (1).

Qualifications

(2)  A person is entitled to be an elector at an election held in a local municipality if, on voting day, he or she,

(a) resides in the local municipality or is the owner or tenant of land there, or the spouse of such owner or tenant;

(b) is a Canadian citizen;

(c) is at least 18 years old; and

(d) is not prohibited from voting under subsection (3) or otherwise by law. 2002, c. 17, Sched. D, s. 5 (2); 2005, c. 5, s. 46 (1).

Persons prohibited from voting

(3)  The following are prohibited from voting:

1. A person who is serving a sentence of imprisonment in a penal or correctional institution.

2. A corporation.

3. A person acting as executor or trustee or in any other representative capacity, except as a voting proxy in accordance with section 44.

4. A person who was convicted of the corrupt practice described in subsection 90 (3), if voting day in the current election is less than five years after voting day in the election in respect of which he or she was convicted. 1996, c. 32, Sched., s. 17 (3); 2006, c. 9, Sched. H, s. 4.

(4)  Repealed: 2002, c. 17, Sched. D, s. 5 (3).

Voting subdivisions

18.(1)On or before each date fixed by the Minister of Finance under section 15 of the Assessment Act, the clerk of each local municipality may divide the local municipality into voting subdivisions. 1996, c. 32, Sched., s. 18 (1).

Notice to assessment commissioner

(2)If the clerk acts under subsection (1) he or she shall, before the fixed date, inform the assessment commissioner of the boundaries of the voting subdivisions. 1996, c. 32, Sched., s. 18 (2).

Note: Effective January 1, 2009, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 33, Schedule Z.3, subsection 18 (1) by striking out “the assessment commissioner” and substituting “the Municipal Property Assessment Corporation”. See: 2006, c. 33, Sched. Z.3, ss. 18 (1), 34 (2).

Preliminary list

19.  (1)  On or before July 31 in the year of a regular election, or such later deadline as the Minister may prescribe either before or after the July 31 deadline has passed, the Municipal Property Assessment Corporation shall prepare a preliminary list for each local municipality and deliver it to the clerk. 2000, c. 5, s. 30; 2001, c. 8, s. 208 (1).

Voting subdivisions

(2)  If the local municipality is divided into voting subdivisions, the preliminary list shall contain a preliminary list for each voting subdivision. 1996, c. 32, Sched., s. 19 (2).

Data

(3)  The preliminary list may be based on data from any source, including the most recent enumeration under the Assessment Act. 1996, c. 32, Sched., s. 19 (3).

Contents

(4)  The preliminary list shall contain,

(a) the name and address of each person who is entitled to be an elector under section 17; and

(b) any additional information the clerk needs to determine for which offices each elector is entitled to vote. 1996, c. 32, Sched., s. 19 (4).

Voting subdivisions, residents and non-residents

(5)  If the local municipality is divided into voting subdivisions,

(a) the name of each resident elector shall be entered on the preliminary list for the voting subdivision in which he or she resides; and

(b) the name of each non-resident elector shall be entered on the preliminary list for the voting subdivision in which the elector or his or her spouse is an owner or tenant of land. 1996, c. 32, Sched., s. 19 (5); 1999, c. 6, s. 43 (2); 2005, c. 5, s. 46 (2).

One entry only

(6)An elector’s name shall appear on the preliminary list for a local municipality only once. 1996, c. 32, Sched., s. 19 (6).

Homeless persons

20.The assessment commissioner is not required to enter on a preliminary list the name of a person whose residence is determined under subsection 2 (3). 1996, c. 32, Sched., s. 20.

Note: Effective January 1, 2009, section 20 is amended by the Statutes of Ontario, 2006, chapter 33, Schedule Z.3, subsection 18 (2) by striking out “The assessment commissioner” at the beginning and substituting “The Municipal Property Assessment Corporation”. See: 2006, c. 33, Sched. Z.3, ss. 18 (2), 34 (2).

Extracts from preliminary list

21.(1)On or before August 31 in the year of a regular election, the Municipal Property Assessment Corporation shall provide the secretary of every school board with extracts of the preliminary list based on the school support of electors in that election. 1996, c. 32, Sched., s. 21 (1); 2000, c. 25, s. 47; 2001, c. 8, s. 208 (2).

Copies for candidates

(2)Each secretary shall, on request, provide a copy of the extracts to any candidate for an office on the school board concerned. 1996, c. 32, Sched., s. 21 (2).

No revision

(3)The extracts do not constitute official preliminary lists and are not subject to revision. 1996, c. 32, Sched., s. 21 (3).

Correction of errors

22.The clerk may correct any obvious error in the preliminary list and shall notify the assessment commissioner of the corrections. 1996, c. 32, Sched., s. 22.

Note: Effective January 1, 2009, section 22 is amended by the Statutes of Ontario, 2006, chapter 33, Schedule Z.3, subsection 18 (3) by striking out “the assessment commissioner” and substituting “the Municipal Property Assessment Corporation”. See: 2006, c. 33, Sched. Z.3, ss. 18 (3), 34 (2).

Voters’ list

23.(1)The preliminary list, as corrected under section 22, constitutes the voters’ list. 1996, c. 32, Sched., s. 23 (1).

Reproduction, revision arrangements

(2)On or before September 1 in the year of a regular election, the clerk shall,

(a) have the voters’ list reproduced; and

(b) determine where and at what time applications for revisions to the voters’ list may be made under sections 24 and 25. 1996, c. 32, Sched., s. 23 (2).

Copies for local boards, municipalities, Minister

(3)On written request, the clerk shall provide a copy of the voters’ list to,

(a) the secretary of a local board any of whose members are required to be elected at an election conducted by the clerk, or that has submitted a question to the electors;

(b) the clerk of the local municipality responsible for conducting the elections in any combined area for school board purposes;

(c) the clerk of an upper-tier municipality any of whose members are required to be elected at an election conducted by the clerk, or that has submitted a by-law or question to the electors; and

(d) the Minister, if he or she has submitted a question to the electors. 1996, c. 32, Sched., s. 23 (3).

Copies for candidates

(4)On the written request of a candidate for an office, the clerk shall provide him or her with the part of the voters’ list that contains the names of the electors who are entitled to vote for that office. 1996, c. 32, Sched., s. 23 (4).

Copies for M.P.’s and M.P.P.’s

(5)On the written request of a member of the House of Commons or of the Assembly who represents any part of the clerk’s municipality, the clerk shall provide him or her with a copy of the voters’ list. 1996, c. 32, Sched., s. 23 (5).

Application for change re own name

24.  (1)  During the period that begins on the Tuesday after Labour Day and ends at the close of voting on voting day, a person may make an application to the clerk requesting,

(a) that the person’s name be added to or removed from the voters’ list; or

(b) that information on the voters’ list relating to the person be amended. 1996, c. 32, Sched., s. 24 (1).

Form and manner of application

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

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

(b) by mail, by the applicant. 1996, c. 32, Sched., s. 24 (2).

Application approved

(3)  If satisfied that the applicant is entitled to have the requested change made, the clerk shall,

(a) endorse the application to indicate approval; and

(b) return the endorsed application to the applicant or notify the applicant that the application has been approved and the voters’ list will be changed to reflect the approved application. 1996, c. 32, Sched., s. 24 (3); 2002, c. 17, Sched. D, s. 6.

Application refused

(4)  If not satisfied that the applicant is entitled to have the requested change made, the clerk shall,

(a) note the reason for refusal on the application; and

(b) return the annotated application to the applicant. 1996, c. 32, Sched., s. 24 (4).

Application for removal of another’s name

25.(1)During the period that begins on the Tuesday after Labour Day and ends on nomination day, a person may make an application to the clerk requesting that another person’s name be removed from the voters’ list. 1996, c. 32, Sched., s. 25 (1).

Form and manner of application

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

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

(b) by mail, by the applicant. 1996, c. 32, Sched., s. 25 (2).

Copy to be provided

(2.1)  The clerk shall give the person to whom the application relates a copy of the application. 2002, c. 17, Sched. D, s. 7 (1).

Procedure

(3)  Upon the request of the person to whom the application relates, the clerk shall,

(a) appoint a time and place for a hearing to decide whether the person’s name should be removed from the voters’ list;

(b) give the applicant and the person to whom the application relates a notice informing them of the time and place of the hearing and of the fact that they may appear personally or by a representative; and

(c) Repealed: 2002, c. 17, Sched. D, s. 7 (3).

(d) hold the hearing at the appointed time and place. 1996, c. 32, Sched., s. 25 (3); 2002, c. 17, Sched. D, s. 7 (2, 3).

Exception, person deceased

(4)If satisfied that the person to whom the application relates has died, the clerk may remove the person’s name from the voter’s list without a hearing. 1996, c. 32, Sched., s. 25 (4).

Non-appearance of applicant

(5)If the applicant does not appear, personally or by a representative, the clerk shall dismiss the application. 1996, c. 32, Sched., s. 25 (5).

Non-appearance of other person

(6)If the person to whom the application relates does not appear, personally or by a representative, the clerk may hold the hearing and make a decision only if he or she is satisfied that the person,

(a) received notice of the hearing; or

(b) could not be found to be given notice. 1996, c. 32, Sched., s. 25 (6).

Application approved

(7)If satisfied that the name should be removed from the voters’ list, the clerk shall,

(a) endorse the application to indicate approval and note the reasons for the approval on the application;

(b) return the endorsed and annotated application to the applicant; and

(c) send the person to whom the application relates a copy of the endorsed and annotated application, together with notice of the procedure under section 24 to add a name to the voters’ list. 1996, c. 32, Sched., s. 25 (7); 2002, c. 17, Sched. D, s. 7 (4).

Application refused

(8)  If not satisfied that the name should be removed from the voters’ list, the clerk shall,

(a) note the refusal and the reasons for it on the application;

(b) return the annotated application to the applicant; and

(c) send the person to whom the application relates a copy of the annotated application. 1996, c. 32, Sched., s. 25 (8); 2002, c. 17, Sched. D, s. 7 (5).

Determination after hearing

(8.1)  If a hearing is held under this section with respect to an application, the clerk shall not make a determination under subsection (7) or (8) on the application until after the hearing. 2002, c. 17, Sched. D, s. 7 (6).

Exception

(9)The clerk is not required to give copies and notice under clause (7) (c) or (8) (c) if satisfied that the person cannot be found. 1996, c. 32, Sched., s. 25 (9).

Clerk’s decision final

26.The clerk’s decision under section 24 or 25 is final. 1996, c. 32, Sched., s. 26.

Interim list of changes

27.(1)Within 10 days after nomination day, the clerk shall,

(a) prepare an interim list of the changes to the voters’ list approved under sections 24 and 25 on or before nomination day; 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. 1996, c. 32, Sched., s. 27 (1).

Final list of changes

(2)Within the time after voting day fixed by the Minister of Finance under the Assessment Act, 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 certified copy of the final list of changes to the assessment commissioner together with a copy of the approved applications under sections 24 and 25. 1996, c. 32, Sched., s. 27 (2).

Note: Effective January 1, 2009, clause (b) is amended by the Statutes of Ontario, 2006, chapter 33, Schedule Z.3, subsection 18 (4) by striking out “the assessment commissioner” and substituting “the Municipal Property Assessment Corporation”. See: 2006, c. 33, Sched. Z.3, ss. 18 (4), 34 (2).

Voters’ list

28.(1)The clerk shall prepare and certify the voters’ list for use in each voting place established under section 45. 1996, c. 32, Sched., s. 28 (1).

Same

(2)In preparing the voters’ list, the clerk,

(a) shall determine which electors appear on the voters’ list for each voting place;

(b) shall remove the names that are shown in the interim list of changes as names to be removed; and

(c) may make any other changes approved under section 24. 1996, c. 32, Sched., s. 28 (2).

Candidates

Who may be nominated