jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 (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.  1998, c. 9, s. 2. 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. 4.  In the case of a person who is an inmate in a penal or correctional institution under sentence of imprisonment, the place where he or she last resided before being imprisoned shall be deemed to be his or her residence.  1998, c. 9, s. 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 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.  1998, c. 9, s. 2. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 2 - 01/01/1999 Time
2 Any expression of or reference to time in this Act refers to the time that is in effect locally, that is, either standard time or daylight saving time, as the case may be.  R.S.O. 1990, c. E.6, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by striking out “that is, either standard time or daylight saving time, as the case may be” at the end. (See: 2020, c. 28, s. 2) Section Amendments with date in force (d/m/y) 2020, c. 28, s. 2
- not in force Oaths and Affirmations
3 (1) Except where otherwise provided, an oath, affirmation or statutory declaration for the purposes of this Act may be taken by a returning officer, election clerk, revision assistant, justice of the peace, a commissioner for taking affidavits or a notary public and for election purposes, all election officers appointed by the returning officer are empowered to take such oaths, affirmations or declarations at the poll.  R.S.O. 1990, c. E.6, s. 3 (1); 1998, c. 9, s. 3. No charge for taking oath, affirmation or declaration (2) Every person taking an oath, affirmation or statutory declaration under or for the purposes of this Act shall do so gratuitously.  R.S.O. 1990, c. E.6, s. 3 (2). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 3 - 01/01/1999 Administration
3.1 (1) There shall be a Chief Electoral Officer who is an officer of the Assembly. 2018, c. 17, Sched. 12, s. 2. Appointment (2) The Assembly shall, by order, appoint the Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 2. Selection by panel (3) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (2) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 12, s. 2. Transition (4) The Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent is deemed to be the Chief Electoral Officer for the purposes of this section and shall continue to hold office. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.2 (1) The Chief Electoral Officer is responsible for the administration of this Act. 2018, c. 17, Sched. 12, s. 2. Same (2) The Chief Electoral Officer shall consult with, advise and supervise the returning officers and election clerks in the performance of their duties, and may visit in person and consult with the deputy returning officer and poll clerk at any polling location. 2018, c. 17, Sched. 12, s. 2. Same, municipal elections (3) The Chief Electoral Officer is responsible for all of the functions and responsibilities of the Chief Electoral Officer under the Assessment Act, the Municipal Elections Act, 1996, the Municipal Act, 2001 and the Municipal Property Assessment Corporation Act, 1997. 2020, c. 23, Sched. 3, s. 2. Transitional (4) The Chief Electoral Officer’s functions and responsibilities under the Municipal Elections Act, 1996
apply with respect to anything necessary for the purposes of by-elections and regular elections that commence on or after January 1, 2024. 2020, c. 23, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018 2020, c. 23, Sched. 3, s. 2 - 01/01/2021
3.3 (1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, remove or suspend the Chief Electoral Officer from office for cause. 2018, c. 17, Sched. 12, s. 2. Suspension if Assembly not in session (2) If the Assembly is not in session, the Board may on unanimous agreement suspend the Chief Electoral Officer for cause. 2018, c. 17, Sched. 12, s. 2. Duration of suspension (3) A suspension under subsection (1) continues until revoked by order of the Assembly or until the Chief Electoral Officer is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 12, s. 2. Same (4) Unless the Board revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Chief Electoral Officer is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 12, s. 2. Same (5) Despite subsection (4), no suspension imposed under subsection (2) continues past the 20th sessional day of the next sitting of the Assembly. 2018, c. 17, Sched. 12, s. 2. Report to Assembly (6) The Board shall report to the Assembly any action taken under subsections (2) and (4) at the earliest opportunity of the next sitting of the Assembly. 2018, c. 17, Sched. 12, s. 2. Meaning of “not in session” (7) For the purposes of this section and sections 3.6 and 3.10, the Assembly is not in session when it is, (a)  prorogued; or (b)  adjourned for an indefinite period or to a day that is more than seven days after the date on which the Assembly was adjourned. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.4 (1) The Board shall determine the salary and benefits of the Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 2. Pension plan (2) Subject to subsections (3) and (4), the Chief Electoral Officer is a member of the Public Service Pension Plan. 2018, c. 17, Sched. 12, s. 2. Notice re pension plan (3) Within 60 days after his or her appointment takes effect, the Chief Electoral Officer may notify the Speaker in writing that he or she elects not to be a member of the Public Service Pension Plan. 2018, c. 17, Sched. 12, s. 2. Same (4) If the Chief Electoral Officer gives notice of their election to the Speaker in accordance with subsection (3), the election is irrevocable and is deemed to have taken effect when the appointment took effect. 2018, c. 17, Sched. 12, s. 2. Expenses (5) Subject to the approval of the Board, the Chief Electoral Officer is entitled to be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act. 2018, c. 17, Sched. 12, s. 2. Transition (6) The salary and benefits of the Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018
receives Royal Assent continue to be determined in accordance with subsection 4 (2), clause 116 (1) (a) and subsection 116 (1.1) of this Act, as they read immediately before that day. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.5 (1) The Chief Electoral Officer shall designate an individual from among the employees of Elections Ontario who shall have the powers and duties of the Chief Electoral Officer if the Chief Electoral Officer is absent or unable to fulfil the duties of his or her office or if the office becomes vacant. 2018, c. 17, Sched. 12, s. 2. Designation in writing (2) A designation under subsection (1) shall be in writing to the Speaker. 2018, c. 17, Sched. 12, s. 2. Powers and duties (3) The individual designated under subsection (1) shall have the powers and duties of the Chief Electoral Officer unless a temporary Chief Electoral Officer is appointed under section 3.6. 2018, c. 17, Sched. 12, s. 2. Salary (4) The Board may increase the salary of an individual who assumes the duties and powers of the Chief Electoral Officer under subsection (1) in such circumstances as the Board considers appropriate. 2018, c. 17, Sched. 12, s. 2. Removal or suspension (5) Section 3.3 applies in respect of an individual who assumes the powers and duties of the Chief Electoral Officer under subsection (1). 2018, c. 17, Sched. 12, s. 2. Transition (6) Despite subsection (1) and section 3.6, the Deputy Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018
receives Royal Assent continues to hold office as an officer of the Assembly and shall have the powers and duties of the Chief Electoral Officer if the Chief Electoral Officer is absent or unable to fulfil the duties of his or her office or if the office becomes vacant. 2018, c. 17, Sched. 12, s. 2. Same (7) Clauses 114 (1) (b) and 116 (1) (b) and subsections 116 (1.2), (3) and (4) of the Act, as they read immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent, continue to apply to the Deputy Chief Electoral Officer continued in office under subsection (6). 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.6 (1) If the Chief Electoral Officer is unable to fulfil the duties of his or her office or the office becomes vacant, the Assembly may, by order, appoint a temporary Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 2. Same, conditions (2) An order shall be made under subsection (1) only if, (a)  the Chief Electoral Officer, (i)  has not made a designation under subsection 3.5 (1), or (ii)  has made a designation under subsection 3.5 (1), but, (A)  the Chief Electoral Officer has been removed or suspended under section 3.3, or (B)  the person designated is unable or unwilling to act or has been removed or suspended under section 3.3; and (b)  unless decided otherwise by unanimous consent of the Assembly, the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 12, s. 2. Appointment if Assembly not in session (3) If, while the Assembly is not in session, the Chief Electoral Officer is unable to fulfil the duties of his or her office or the office becomes vacant, the Board may appoint a temporary Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 2. Same (4) Clause (2) (a) applies with respect to an appointment under subsection (3). 2018, c. 17, Sched. 12, s. 2. Powers, salary and benefits (5) A temporary Chief Electoral Officer shall have the powers and duties of the Chief Electoral Officer and shall be paid a salary and benefits determined by the Board and, subject to the approval of the Board, be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act. 2018, c. 17, Sched. 12, s. 2. Duration of office (6) A temporary Chief Electoral Officer shall hold office until, (a)  the Chief Electoral Officer is able to fulfil the duties of the office, where the appointment resulted from the Chief Electoral Officer being unable to do so; (b)  where the appointment resulted from a suspension of the Chief Electoral Officer, the suspension is revoked by order of the Assembly, by the Board under subsection 3.3 (4) or by operation of subsection 3.3 (5); (c)  the Assembly appoints a different temporary Chief Electoral Officer under subsection (1); or (d)  the Assembly appoints a Chief Electoral Officer under section 3.1. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.7 Where in the opinion of the Chief Electoral Officer, by reason of any mistake, miscalculation, emergency or unusual or unforeseen circumstance, a situation exists for which no provision is made under this Act, the Chief Electoral Officer may make such appointments or give such directions as he or she considers proper and anything done in compliance with any such direction is not open to question, but the Chief Electoral Officer shall immediately give notice of any such direction to the candidates affected and to the registered parties, if any, of the candidates. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.8 The Chief Electoral Officer may delegate in writing to any officer on his or her staff authority to exercise any power and perform any duty, other than those mentioned in section 3.7, assigned to the Chief Electoral Officer by this Act. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.9 A person appointed as a temporary Chief Electoral Officer and the Deputy Chief Electoral Officer referred to in subsection 3.5 (6) are not prohibited from a subsequent appointment as Chief Electoral Officer under section 3.1. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.10 (1) The Chief Electoral Officer shall not be a member of the Assembly and shall not, without prior approval by the Assembly, or by the Board when the Assembly is not in session, hold any other office or employment. 2018, c. 17, Sched. 12, s. 2. Exception (2) Despite subsection (1), the Chief Electoral Officer may hold more than one office to which he or she has been appointed by the Assembly or the Board. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.11 (1) Before beginning the duties of his or her office, the Chief Electoral Officer shall take an oath or affirmation that he or she will faithfully and impartially exercise the functions of the office. 2018, c. 17, Sched. 12, s. 2. Same (2) The Speaker or the Clerk of the Assembly shall administer the oath or affirmation. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
3.12 (1) The Chief Electoral Officer shall prescribe the forms for use under this Act. 2018, c. 17, Sched. 12, s. 2. Administrative in nature (2) The prescribing of forms under subsection (1) or the exercise of any power or the performance of any duty by the Chief Electoral Officer that he or she is authorized or required to exercise or perform under this Act is deemed to be an act or acts of an administrative nature. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
4 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 12 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 12, s. 2. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 12, s. 2. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 1, 28, 40 (1) - 04/06/2007 2010, c. 7, s. 2
- 18/05/2010 2016, c. 33, s. 1
- 01/01/2017 2018, c. 17, Sched. 12, s. 2 - 06/12/2018
4.0.1 Section 33 of the Public Inquiries Act, 2009 applies to any investigation or examination under this Act by the Chief Electoral Officer.  2009, c. 33, Sched. 6, s. 54 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 2
- 04/06/2007 2009, c. 33, Sched. 6, s. 54 (1) - 01/06/2011
4.0.2 The Chief Electoral Officer shall report to the Attorney General any apparent contraventions of this Act.  2007, c. 15, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 2
- 04/06/2007
4.0.3 (1) The Chief Electoral Officer may make equipment, advice, staff, or other resources available to other electoral authorities in Canada. 2016, c. 33, s. 2. Same (2) Any revenue derived from such activities shall be paid into the Consolidated Revenue Fund. 2016, c. 33, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 2
- 01/01/2017
4.1 (1) At a by-election, the Chief Electoral Officer may direct the use of voting equipment or alternative voting methods that are different from what this Act requires.  2007, c. 15, s. 3; 2016, c. 33, s. 3 (1). Direction (2) The Chief Electoral Officer’s direction shall describe the voting equipment or alternative voting methods in detail and refer to the provisions of this Act that will not be complied with.  2007, c. 15, s. 3; 2016, c. 33, s. 3 (2). Notice (3) No later than 21 days before polling day, the Chief Electoral Officer shall, (a)  provide copies of the direction to the Speaker of the Assembly and to the leader of each registered party; and (b)  publish the direction on a website on the Internet.  2007, c. 15, s. 3. Validity of election (4) An election held in accordance with this section is not invalid by reason of any non-compliance with this Act that is authorized by the Chief Electoral Officer’s direction.  2007, c. 15, s. 3. Report to Speaker (5) Within four months after polling day in the election, the Chief Electoral Officer shall, (a)  make a report to the Speaker of the Assembly on the voting equipment or alternative voting methods used at the election; and (b)  make recommendations to the Speaker with respect to amending this Act so as to adopt the voting equipment or alternative voting methods on a permanent basis.  2007, c. 15, s. 3; 2016, c. 33, s. 3 (3). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 4 - 01/01/1999 2007, c. 15, s. 3 - 04/06/2007 2016, c. 33, s. 3 (1-3) - 01/01/2017
4.2 (1) The Chief Electoral Officer shall, (a)  determine what document or class of document constitutes, for the purposes of each of the provisions listed in subsection (2), (i)  proof of a person’s identity, and (ii)  proof of a person’s place of residence; and (b)  publish the determination on a website on the Internet.  2007, c. 15, s. 3. Same (2) Clause (1) (a) applies with respect to: 1.  Repealed:  2010, c. 7, s. 3 (1). 2.  Paragraph 1 of subsection 17.1.2 (1). 2.1  Subsections 17.7 (2) and (3). 3.  Clause 21 (10) (b). 4.  Subsection 22 (1.1). 4.1  Subparagraph 2 ii of subsection 45.2 (4), subparagraph 3 ii of subsection 45.2 (5) and subparagraph 3 ii of subsection 45.2 (6). 4.2  Clause 45.13 (4) (a). 5.  Clauses 47 (2) (a) and (3) (a). 6.  Clause 47.1 (2) (b). 7.  Subclause 51 (1) (b) (ii).  2007, c. 15, s. 3; 2010, c. 7, s. 3; 2016, c. 33, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 3
- 04/06/2007 2010, c. 7, s. 3 (1)
- 18/05/2010; 2010, c. 7, s. 3 (2)
- 01/07/2011 2016, c. 33, s. 4
- 01/07/2017
4.3 (1) The Chief Electoral Officer shall establish an advisory committee consisting of one or two members appointed by each registered party.  2007, c. 15, s. 3. Mandate (2) The advisory committee may provide recommendations, when consulted by the Chief Electoral Officer, on the administration of this Act and the Election Finances Act.  2007, c. 15, s. 3. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 3
- 04/06/2007
4.5 (1) The Chief Electoral Officer may issue a direction requiring the use of vote counting equipment during an election and modifying the voting process established by this Act to permit the use of the equipment. 2016, c. 33, s. 5. Same (2) Subsections 4.4 (5) to (11) apply, with necessary modifications, with respect to a direction issued under this section. 2016, c. 33, s. 5. Restrictions re equipment (3) The following restrictions apply with respect to the use of vote counting equipment: 1.  The equipment must not be part of or connected to an electronic network, except that the equipment may be securely connected to a network after the polls close, for the purpose of transmitting information to the Chief Electoral Officer. 2.  The equipment must be tested, i.  before the first elector uses the equipment to vote, and ii.  after the last elector uses the equipment to vote. 3.  For the purpose of paragraph 2, testing includes, without limitation, logic and accuracy testing. 4.  The equipment must not be used in a way that en­ables the choice of an elector to be made known to an election official or scrutineer. 2016, c. 33, s. 5. Accessible voting equipment (4) This section does not apply with respect to vote counting equipment required by section 44.1 (accessible voting equipment, etc.) 2016, c. 33, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 5
- 01/01/2017
4.5.1 (1) The Chief Electoral Officer shall establish an advisory committee on voting equipment and vote counting equipment consisting of, (a)  one or two members appointed by each registered party represented in the Assembly; and (b)  at least one and not more than three members who do not represent a registered party. 2021, c. 5, Sched. 1, s. 1. Mandate (2) The advisory committee shall provide recommendations, when consulted by the Chief Electoral Officer, concerning standards for voting equipment and vote counting equipment used in elections under this Act. 2021, c. 5, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 5, Sched. 1, s. 1 - 19/04/2021
4.6 (1) Despite any other provision in this Act, a returning officer and the Chief Electoral Officer are not required to provide copies of polling lists, the permanent register of electors, extracts of or updates to the permanent register of electors, or any other elector information to a candidate or registered party that has indicated that it does not wish to receive this information. 2016, c. 33, s. 5. Application (2) This section and sections 4.7 and 4.8 apply on and after July 1, 2017. 2016, c. 33, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 5
- 01/01/2017
4.7 Despite any requirement in this or any other Act that the Chief Electoral Officer or a returning officer provide information about a person, the Chief Electoral Officer may, on the request of the person, redact any information that the Chief Electoral Officer reasonably believes would, if made available, endanger the person’s life, health or security. 2020, c. 23, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 5
- 01/01/2017 2020, c. 23, Sched. 3, s. 3 - 01/01/2021
4.8 Where, under this Act, a returning officer or the Chief Electoral Officer are required to provide copies of polling lists, the permanent register of electors, extracts of or updates to the permanent register of electors, or any other elector information to a candidate or registered party, they shall not provide any information about electors other than the following, unless this Act specifically provided otherwise: 1.  The names and unique identifiers of the electors. 2.  The mailing addresses and permanent addresses of the electors. 2016, c. 33, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 5
- 01/01/2017
5 (1) The following persons shall not be appointed or act as a returning officer, election clerk, deputy returning officer or poll clerk: 1.  Judges of federal or provincial courts or justices of the peace. 2.  Crown Attorneys. 3.  Members of the Executive Council. 4.  Members of the Parliament of Canada or of the Assembly. 5.  Persons who have served as members of the Assembly in the session next preceding the election. 6.  Persons who have at any time been found guilty of a corrupt practice.  R.S.O. 1990, c. E.6, s. 5 (1). Validity of election not affected (2) A contravention of this section does not affect the validity of the election.  R.S.O. 1990, c. E.6, s. 5 (2). Employees Serving or Voting at an Election
6 (1) Subsection (1.1) applies in respect of an employee who is a returning officer or has been appointed by a returning officer to be a poll official.  1998, c. 9, s. 5. Leave (1.1) Every employer shall, on an employee’s request made at least seven days before the leave is to begin, grant the employee leave to perform his or her duties under this Act; the employer shall not dismiss or otherwise penalize the employee because the employee has exercised the right to be granted leave.  1998, c. 9, s. 5. Remuneration (2) The employer is not required to remunerate an employee for any leave granted under subsection (1.1), but such leave shall not be subtracted from any vacation entitlement.  R.S.O. 1990, c. E.6, s. 6 (2); 2016, c. 33, s. 6. Employees to have three consecutive hours for voting (3) Every employee who is qualified to vote shall, while the polls are open on polling day at an election, have three consecutive hours for the purpose of voting and, if the hours of his or her employment do not allow for three consecutive hours, the employee may request that his or her employer allow such additional time for voting as may be necessary to provide those three consecutive hours and the employer shall grant the request.  R.S.O. 1990, c. E.6, s. 6 (3). Deduction from pay prohibited (4) No employer shall make any deduction from the pay of any employee or impose upon or exact from the employee any penalty by reason of his or her absence from work during the consecutive hours that the employer is required to allow under subsection (3).  R.S.O. 1990, c. E.6, s. 6 (4). Time off best suiting convenience of employer (5) Any time off for voting as provided in subsection (3) shall be granted at the time of day that best suits the convenience of the employer.  R.S.O. 1990, c. E.6, s. 6 (5). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 5 - 01/01/1999 2016, c. 33, s. 6
- 01/01/2017 Returning Officers
8 (1) The Chief Electoral Officer shall appoint an election clerk for each electoral district, in consultation with the returning officer.  2010, c. 7, s. 5. Qualifications (2) An election clerk must be of voting age, a Canadian citizen and resident in Ontario.  2010, c. 7, s. 5. Persons not to be appointed (3) No person who is the returning officer’s child, grandchild, brother, sister, parent, grandparent or spouse shall be appointed as election clerk.  2010, c. 7, s. 5; 2021, c. 4, Sched. 11, s. 8 (1). Oath or affirmation (4) Before entering on his or her duties, the election clerk shall take the prescribed oath or affirmation.  2010, c. 7, s. 5. Duties (5) The election clerk shall assist the returning officer in the performance of his or her duties.  2010, c. 7, s. 5. Same (6) When the returning officer, during an election, dies, is disqualified or refuses or is unable to perform his or her duties, and has not been replaced, the election clerk shall act in his or her place as the returning officer if, (a)  the election clerk advises the Chief Electoral Officer that the election clerk is willing to act in the returning officer’s place; and (b)  the Chief Electoral Officer confirms the election clerk as acting returning officer.  2010, c. 7, s. 5. Removal from office (7) The Chief Electoral Officer may remove from office any election clerk who, in the Chief Electoral Officer’s opinion, is unlikely to be able to discharge competently the election clerk’s duties under this Act.  2010, c. 7, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 7 - 01/01/1999; 1999, c. 6, s. 21 (2) - 01/03/2000 2005, c. 5, s. 22 (3)
- 09/03/2005 2010, c. 7, s. 5
- 18/05/2010 2021, c. 4, Sched. 11, s. 8 (1) - 19/04/2021 Four-Year Terms General elections at four-year intervals
9 (1) Nothing in this section affects the powers of the Lieutenant Governor, including the power to dissolve the Legislature, by proclamation in Her Majesty’s name, when the Lieutenant Governor sees fit.  2005, c. 35, s. 1 (3). First Thursday in June (2) Subject to the powers of the Lieutenant Governor referred to in subsection (1), general elections shall be held on the first Thursday in June in the fourth calendar year following polling day in the most recent general election. 2016, c. 33, s. 7. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 8 - 01/01/1999 2005, c. 35, s. 1 (3)
- 15/12/2005 2006, c. 21, Sched. F, s. 108 - no effect - see 2006, c. 21, Sched. F, s. 142 (3) 2016, c. 33, s. 7
- 01/01/2017 Dates for Writs, Close of Nominations and Polling Day Dates for writs, close of nominations and polling day
9.1 (1) This section applies to all elections.  2005, c. 35, s. 1 (3). Powers of Lieutenant Governor in Council (2) When an election is to be held, the Lieutenant Governor in Council may, (a)  order that the writ or writs for the election be issued; and (b)  appoint and proclaim a day, (i)  for the close of nominations and the grant of a poll where required, and (ii)  as polling day.  2005, c. 35, s. 1 (3). Date of writ (3) A writ for an election shall be dated on a Wednesday.  2005, c. 35, s. 1 (3). Day for close of nominations and grant of poll (4) The day for the close of nominations and the grant of a poll where required shall be, (a)  in the case of a general election under subsection 9 (2), the second Thursday after the date of the writ; (b)  in any other case, the third Thursday after the date of the writ.  2005, c. 35, s. 1 (3). Polling day (5) Polling day shall be the fifth Thursday after the date of the writ.  2005, c. 35, s. 1 (3). Alternate day (6) If the Chief Electoral Officer is of the opinion that a Thursday that would otherwise be polling day is not suitable for that purpose because it is a day of cultural or religious significance, the Chief Electoral Officer shall choose another day in accordance with subsection (7) and recommend to the Lieutenant Governor in Council that polling day should be that other day, and the Lieutenant Governor in Council may make an order to that effect.  2005, c. 35, s. 1 (3); 2007, c. 15, s. 40 (1). Same (7) The alternate day shall be one of the seven days following the Thursday that would otherwise be polling day, but shall not be a Saturday, Sunday or a day that is a public holiday as defined in the Employment Standards Act, 2000.  2005, c. 35, s. 1 (3); 2021, c. 5, Sched. 1, s. 2. Regular general election, time for order (8) In the case of a general election under subsection 9 (2), an order under subsection (6) shall not be made after February 1 in the year in which the general election is to be held.  2005, c. 35, s. 1 (3); 2016, c. 33, s. 8. Section Amendments with date in force (d/m/y) 2005, c. 35, s. 1 (3)
- 15/12/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 33, s. 8
- 01/01/2017 2021, c. 5, Sched. 1, s. 2 - 19/04/2021 9.2 Repealed: 2016, c. 33, s. 9. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 10, s. 1 - 17/05/2007 2016, c. 33, s. 9
- 01/01/2017 Writs
10 (1) The writs for a general election shall all be dated on the same day and shall be addressed to the returning officers.  R.S.O. 1990, c. E.6, s. 10 (1). Writs to state nomination and polling days (2) A writ of election shall state the respective days for the close of nominations and for the polling, if required, and is returnable forthwith after the election.  R.S.O. 1990, c. E.6, s. 10 (2). Endorsement on writ (3) Every returning officer on receiving a writ for an election shall endorse thereon the date of its receipt.  R.S.O. 1990, c. E.6, s. 10 (3). Where appointment superseded (4) If a writ for an election has been issued to a person in whose stead a new returning officer has been appointed under section 3.7 or under subsection 7 (1), a new writ may be issued or the new returning officer or the election clerk, if applicable, may act under the writ already issued and the validity of the proceedings prior to the new person acting may not be questioned but a new election clerk may be appointed under subsection 8 (1).  2010, c. 7, s. 6; 2018, c. 17, Sched. 12, s. 3. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 6
- 18/05/2010 2018, c. 17, Sched. 12, s. 3 - 06/12/2018 Notice of Election
11 (1) Forthwith after receiving the writ of election, the returning officer shall prepare a notice of election that states, (a)  the dates and times during which and the place where the list of electors may be revised; (b)  the date, place and time fixed for the close of nominations of candidates and for the granting of a poll, if required; and (c)  the days and times fixed for holding the advance polls and the general poll.  1998, c. 9, s. 9. Posting, etc., of notice (2) The returning officer shall cause the notice to be printed and copies to be posted in conspicuous places in the electoral district.  1998, c. 9, s. 9. Publication (3) The Chief Electoral Officer shall publish the notice, (a)  in The Ontario Gazette; and (b)  on a website on the Internet.  1998, c. 9, s. 9; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 9 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 Polling Divisions
12 (1) The returning officer shall divide the electoral district into urban and rural polling divisions as directed by the Chief Electoral Officer and shall, on an annual basis or as directed by the Chief Electoral Officer, review the electoral district as to population distribution and shall, in collaboration with the clerk of each municipality contained within the electoral district, consider any changes to polling division boundaries.  R.S.O. 1990, c. E.6, s. 12 (1); 2007, c. 15, s. 40 (1). Description of polling divisions (2) Following any revision of boundaries as may be authorized by the Chief Electoral Officer, the returning officer shall prepare and submit to the Chief Electoral Officer one complete set of typed descriptions of the polling divisions established under subsection (1) together with a map or maps of the electoral district boldly marked with the polling division boundaries and the number assigned to each polling division.  R.S.O. 1990, c. E.6, s. 12 (2); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 Polling Places
13.1 (1) In establishing the locations of polling places under section 13, the returning officer shall ensure that each polling place is accessible to electors with disabilities.  2010, c. 7, s. 8. Application (2) Subsection (3) applies only with respect to general elections held under subsection 9 (2).  2010, c. 7, s. 8. Posting for comment (3) The returning officer shall provide the following information to the Chief Electoral Officer, who shall publish it on a website on the Internet: 1.  The proposed locations of polling places. 2.  Details about steps that could be taken to ensure the accessibility of those locations. 3.  An invitation to members of the public to comment, within one month after the posting, on whether the proposed locations are sufficiently accessible.  2010, c. 7, s. 8. Time for posting (4) The posting described in subsection (3) shall take place at least six months before polling day.  2010, c. 7, s. 8. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 8
- 18/05/2010 Hospitals, Retirement Homes, Long-Term Care Homes and Other Institutions
15 (1) In an electoral district in which an election to the Assembly is to be held, every person is entitled to vote who, on the general polling day, (a)  has attained eighteen years of age; (b)  is a Canadian citizen; (c)  Repealed:  1998, c. 9, s. 11 (1). (d)  resides in the electoral district; and (e)  is not disqualified under this Act or otherwise prohibited by law from voting.  R.S.O. 1990, c. E.6, s. 15 (1); 1993, c. 27, Sched.; 1998, c. 9, s. 11 (1). Intention to return to Ontario (1.1) Despite clause (1) (d), a person who ceased to reside in the electoral district within the two years before polling day is entitled to vote there if, (a)  he or she resided in Ontario for at least 12 consecutive months before ceasing to reside in Ontario; (b)  he or she intends to reside in Ontario again; and (c)  his or her last Ontario residence was in the electoral district.  1998, c. 9, s. 11 (2). Exceptions to two-year limitation (1.2) The two-year limitation in subsection (1.1) does not apply to, (a)  a person who is absent from Ontario, (i)  on active military duty as a member of the armed forces of Canada, (ii)  in the service of the Government of Ontario, or (iii)  to attend an educational institution; (b)  a person who is absent from Canada in the service of the Government of Canada; or (c)  a person who is absent from Ontario as a member of the family of a person to whom clause (a) or (b) applies.  1998, c. 9, s. 11 (2). Temporary lodging place of post-secondary student (1.3) Despite clause (1) (d), a person who is temporarily living away from his or her residence in order to attend a university, college of applied arts and technology or other post-secondary institution is entitled to vote, (a)  in the electoral district where he or she is temporarily living; or (b)  in the electoral district where his or her residence is located.  2010, c. 7, s. 10. Evidence of person claiming to be elector (2) For the purposes of this section, a statutory declaration by a person claiming to be entitled to vote is proof, in the absence of evidence to the contrary, of the facts declared to.  R.S.O. 1990, c. E.6, s. 15 (2). Requirement to receive ballot and vote (3) In order to receive a ballot and vote, an elector’s name must appear in the list of electors or on a certificate to vote or have been lawfully added under this Act.  R.S.O. 1990, c. E.6, s. 15 (3); 1998, c. 9, c. 11 (3). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched.  - 31/12/1991; 1998, c. 9, s. 11 (1-3) - 01/01/1999 2010, c. 7, s. 10
- 18/05/2010 15.1 Repealed:  2007, c. 15, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 12 - 01/01/1999 2007, c. 15, s. 5
- 04/06/2007 16 Repealed:  1998, c. 9, s. 13. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 13 - 01/01/1999 17 Repealed:  2010, c. 7, s. 11. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 14 - 01/01/1999 2007, c. 15, s. 6
- 04/06/2007 2010, c. 7, s. 11
- 18/05/2010 Permanent Register of Electors
17.1.1 The Chief Electoral Officer shall establish and maintain an electronic system to allow persons to verify and confirm information about themselves in the permanent register of electors. 2020, c. 23, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 8
- 04/06/2007 2016, c. 33, s. 12
- 01/01/2017 2020, c. 23, Sched. 3, s. 5 - 01/01/2021
17.1.2 (1) A person may apply to have their name added to or removed from the permanent register of electors in accordance with the following rules: 1.  In respect of an election to the Assembly, the application shall be accompanied by proof of the person’s identity and place of residence in accordance with section 4.2. 2.  In respect of an election to the Assembly, during the period that begins with the issue of a writ for an election and ends on the day before polling day, the application may be submitted at a returning office. 3.  In respect of an election to the Assembly, at all other times except on polling day, the application may be, i.  submitted at the office of the clerk of any municipality with territorial jurisdiction in the electoral district, or ii.  sent to the office of the Chief Electoral Officer. 4.  In respect of a municipal election, the application shall be accompanied by proof of identity and proof that the person is entitled to be an elector at an election held in a local municipality under subsections 17 (2) and (3) of the Municipal Elections Act, 1996. 5.  In respect of a municipal election, i.  during the times set out in sections 24 and 25 of the Municipal Elections Act, 1996, the application may be submitted to the clerk of the municipality in the manner set out in those sections, or ii.  at all other times, the application may be sent to the office of the Chief Electoral Officer. 2020, c. 23, Sched. 3, s. 6. Polling day (2) An application under subsection (1) in respect of an election to the Assembly may not be made on polling day, but an elector may apply to the deputy returning officer or to a revision assistant under section 47.1 to be added to the list of electors. 2020, c. 23, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 8
- 04/06/2007 2010, c. 7, s. 13
- 18/05/2010 2020, c. 23, Sched. 3, s. 6 - 01/01/2021
17.2 The Chief Electoral Officer may, for electoral purposes, provide information from the permanent register of electors to, (a)  the Chief Electoral Officer of Canada; (b)  any municipality in Ontario and its local boards (c)  the Municipal Property Assessment Corporation; and (d)  any district social services administration board established under the District Social Services Administration Boards Act. 2017, c. 18, s. 5; 2021, c. 5, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 15 - 01/01/1999 2005, c. 23, s. 2
- 13/06/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 2017, c. 18, s. 5
- 25/10/2017 2021, c. 5, Sched. 1, s. 3 - 19/04/2021
17.3 (1) Whenever the permanent register of electors has been updated under paragraph 1 or 2 of subsection 17.1 (3),  (a)  the Chief Electoral Officer shall notify every registered party and every member of the Assembly that updating is complete; (b)  a registered party is entitled to receive, on request, (i)  a copy of the permanent register, if it was updated with respect to all of Ontario, or (ii)  a copy of the part of the permanent register that relates to an electoral district, if the updating was done with respect to the electoral district; and (c)  a member of the Assembly is entitled to receive, on request, a copy of the part of the permanent register that relates to his or her electoral district, if the updating was done in respect to all of Ontario or in respect to the electoral district.  1998, c. 9, s. 15; 2007, c. 15, s. 40 (1). Exception, updating at party’s request (2) When the permanent register is updated under paragraph 3 of subsection 17.1 (3), only the party that made the request and its members of the Assembly are entitled to receive copies of the permanent register from the Chief Electoral Officer.  1998, c. 9, s. 15; 2007, c. 15, s. 40 (1). Printed or electronic format (3) A copy of the permanent register may be provided in printed or electronic format, at the Chief Electoral Officer’s option.  1998, c. 9, s. 15; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 15 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007
17.4 (1) A person who obtains information, directly or indirectly, from the permanent register or from a list of electors prepared from the permanent register, (a)  shall use it only for electoral purposes; (b)  shall not use it for commercial purposes; and (c)  may disclose it to others only after obtaining their written acknowledgment that they are bound by the restrictions in this subsection.  1998, c. 9, s. 15. Scope (2) Subsection (1) applies, (a)  whether the information was obtained under section 17.3, under subsection 19 (3) or in some other way; and (b)  whether the person obtained it in printed or electronic format or examined it in either format without obtaining a copy.  1998, c. 9, s. 15. Downloading (3) A person who obtains information from the permanent register in electronic format shall not reproduce, store or transmit any part of the information by electronic means for any purpose.  1998, c. 9, s. 15. Exception (4) Subsection (3) does not apply to, (a)  a person or party who obtains the information under section 17.3; (b)  a person or entity who obtains the information from a person or party described in clause (a), if there is compliance with clause (1) (c); (c)  the clerk of a municipality who is performing their functions under the Municipal Elections Act, 1996, if the clerk provides a written acknowledgement described in clause (1) (c) of this section; or (d)  a person to whom the clerk provides information under subsection 23 (3) or (4) of the Municipal Elections Act, 1996, if the person provides a written acknowledgment described in subsection 23 (7) of that Act. 2020, c. 23, Sched. 3, s. 7. Same (5) Subsections (1) to (3) do not apply to a person with respect to information about himself or herself that he or she obtains from the permanent register under section 17.1.1 or in some other way.  2007, c. 15, s. 9. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 15 - 01/01/1999 2007, c. 15, s. 9
- 04/06/2007 2020, c. 23, Sched. 3, s. 7 - 01/01/2021
17.5 The Chief Electoral Officer may provide guidelines for compliance with section 17.4 and publish them, (a)  in The Ontario Gazette; and (b)  on a website on the Internet.  1998, c. 9, s. 15; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 15 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007
17.6 (1) Every registered party shall develop and implement a policy to ensure that its candidates, members of the Assembly, employees and agents comply with section 17.4 and any guidelines provided under section 17.5.  1998, c. 9, s. 15. Disclosure of policy to Chief Electoral Officer (2) The party shall disclose the policy to the Chief Electoral Officer, and the Chief Electoral Officer shall not provide a copy of the permanent register or part of the permanent register, (a)  to a party that has not disclosed the policy or that has disclosed a policy that does not comply with the guidelines published under section 17.5; or (b)  to the candidates or members of the Assembly of such a party. 2016, c. 33, s. 13. Publication of policy and discrepancies (3) The Chief Electoral Officer is entitled to make public, (a)  a policy disclosed under subsection (2); (b)  any discrepancies among, (i)  the policy, (ii)  the guidelines, if any, provided under section 17.5, and (iii)  the actual practices of the party and of its candidates, members of the Assembly, employees and agents.  1998, c. 9, s. 15; 2007, c. 15, s. 40 (1). Independent candidates and members (4) Subsections (1), (2) and (3) also apply to independent candidates and members of the Assembly, with necessary modifications.  1998, c. 9, s. 15. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 15 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 33, s. 13
- 01/07/2017 Provisional Register of 16 and 17 Year Olds