12 (1) The Chief Electoral Officer may deregister, (a)  a registered party on an application therefor by the registered party; or (b)  a registered constituency association on an application therefor by the constituency association and the registered party or independent member concerned.  R.S.O. 1990, c. E.7, s. 12 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2021, c. 5, Sched. 2, s. 4 (1). Discretionary deregistration (2) The Chief Electoral Officer may deregister, (a)  a registered party, (i)  that fails to comply with subsection 10 (6) or 33 (3), (ii)  that fails to comply with the filing requirement in subsection 10 (6.1), (iii)  that fails, in the Chief Electoral Officer’s opinion, to participate in public affairs in accordance with the statement referred to in clause 10 (3) (k) or subsection 10 (6.1), or (iv)  whose chief financial officer fails to comply with section 41 or 42; or (b)  a registered constituency association that fails to comply with subsection 11 (4) or 33 (3) or whose chief financial officer fails to comply with section 41 or 42.  2007, c. 7, Sched. 11, s. 2; 2007, c. 15, s. 39 (6). Mandatory deregistration (2.1) If a registered party or its constituency associations nominate fewer than two candidates at a general election, the Chief Electoral Officer shall promptly deregister the party and shall send the party notice of the deregistration, by registered mail.  2007, c. 7, Sched. 11, s. 2; 2007, c. 15, s. 39 (7); 2016, c. 33, s. 35 (2). Same (2.2) The Chief Electoral Officer shall promptly deregister the constituency association of an independent member and shall send it notice of the deregistration, by registered mail, if the member, (a)  commences representing a registered party in the Assembly; (b)  is nominated as a candidate of a registered party; or (c)  at an election, is not re-elected as a member of the Assembly. 2021, c. 5, Sched. 2, s. 4 (2). Notice of proposal to deregister (3) Where the Chief Electoral Officer proposes to deregister a political party under subsection (2), he or she shall send notice of the proposal, with written reasons, to the political party by registered mail.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1). Same (4) Where the Chief Electoral Officer proposes to deregister a constituency association under subsection (2), he or she shall send notice of the proposal, with written reasons, to the constituency association and to the political party or independent member concerned, by registered mail.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1); 2021, c. 5, Sched. 2, s. 4 (3). Request for review (4.1) A political party or constituency association that receives notice under subsection (3) or (4) may, within 30 days after the notice is sent, make a written request to the Chief Electoral Officer to review the proposal.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1). Review (4.2) On receiving the request, the Chief Electoral Officer shall review the proposal and give the political party or constituency association an opportunity to make representations to him or her.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1). Same (4.3) Following the review, the Chief Electoral Officer may decide to withdraw the proposal or to carry it out, and shall give written notice of the decision, (a)  in the case of a proposal to deregister a political party, to the party; (b)  in the case of a proposal to deregister a constituency association, to the constituency association and to the political party or independent member concerned.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1); 2021, c. 5, Sched. 2, s. 4 (4). Party and associations thereof deregistered (5) Where a political party is deregistered, the registered constituency associations of such political party are thereby also deregistered.  R.S.O. 1990, c. E.7, s. 12 (5). Reregistration (6) Where a political party or constituency association is deregistered for failure to comply with section 41 or 42, it may not apply for registration until the financial statements as required by section 41 or 42, together with the auditor’s report thereon as required by subsection 40 (4), that were not filed have been filed with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 12 (6); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1). Disposition of party’s funds on deregistration (7) When a political party is deregistered, all its funds that are not required to pay outstanding debts shall be paid to the Chief Electoral Officer, who shall hold them in trust for the political party; if the party does not become registered under this Act within two years after its deregistration, the funds become the property of the Chief Electoral Officer, who shall use them in carrying out his or her functions under this Act.  1998, c. 9, s. 58 (2); 2007, c. 15, s. 40 (1). Disposition of constituency association’s funds on deregistration (8) When a constituency association is deregistered, subsection (7) applies with necessary modifications, except that if the constituency association does not become registered within two years after its deregistration, the funds become the property of the political party concerned.  1998, c. 9, s. 58 (2). Duty of Chief Electoral Officer (9) The chief financial officer of a political party or constituency association that applies for deregistration under subsection (1) shall, at the same time, file with the Chief Electoral Officer, (a)  financial statements of the party’s or association’s income and expenses, for the period commencing with the day immediately following the most recent period for which a financial statement has been filed under section 41 or under this clause and ending on the last day on which any financial activity of the party or association occurred; (b)  financial statements of the party’s or association’s assets and liabilities, as of the last day of the period for which financial statements of income and expenses are filed under clause (a); and (c)  an auditor’s report on the financial statements, in accordance with subsection 40 (4).  1998, c. 9, s. 58 (2); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 58 (1, 2) - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999 2007, c. 7, Sched. 11, s. 2 - 17/05/2007; 2007, c. 15, s. 38 (6, 7) - 04/06/2007; 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 33, s. 35 (2)
- 01/07/2017 2021, c. 5, Sched. 2, s. 4 (1-4) - 19/04/2021