jswizzle3737/ontario_laws_and_regs huggingface dataset:
86 (1) No person shall be allowed to inspect any ballot or other document that has been forwarded to the Chief Electoral Officer by a returning officer and that is in the custody of the Chief Electoral Officer except under an order of a judge of the Superior Court of Justice. 2016, c. 33, s. 30. Exception (2) Subsection (1) does not prohibit the Chief Electoral Officer or an authorized member of his or her staff from inspecting ballots or other documents in the course of investigating a possible corrupt practice. 2016, c. 33, s. 30. When order to be granted (3) The order may be made on the judge being satisfied by affidavit or other evidence on oath or affirmation that the inspection or production of the ballot or other document is required for the purpose of instituting or maintaining a prosecution or for the purpose of an action questioning an election or return. 2016, c. 33, s. 30. Conditions of order (4) The order may be made subject to such conditions as the judge thinks proper. 2016, c. 33, s. 30. Where inspection takes place (5) Subject to the order, the inspection shall take place under the immediate supervision of a local registrar of the Superior Court of Justice who shall be present during the inspection, and, so long as the ballots or other documents are in the custody of the local registrar and not under inspection, they shall be kept in a secure place under lock and key. 2016, c. 33, s. 30. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 42 - 01/01/1999 2005, c. 23, s. 4 (2)
- 13/06/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 33, s. 30
- 01/07/2017
87 Where an order is made by a judge of the Superior Court of Justice for the production by the Chief Electoral Officer of any document in his or her possession relating to an election, the production of it by him or her, in such manner as is directed by the order, is evidence that the document relates to the election, and any endorsement appearing on any envelope containing ballots so produced is evidence that the contents are what they are stated to be by the endorsement.  R.S.O. 1990, c. E.6, s. 87; 2005, c. 23, s. 4 (2); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2)
- 13/06/2005 2007, c. 15, s. 40 (1)
- 04/06/2007
88 Despite the provisions of this or any other Act, all documents, including used and unused ballots, relating to an election in the custody of the Chief Electoral Officer or of any other person may be opened, inspected and examined under such conditions and rules as are made by a committee of the Assembly for the purpose of inquiring into any matter referred to the committee by order of the Assembly, and, upon any such proceeding before the committee, any such document may be filed as an exhibit, and any person summoned to attend and give evidence before the committee upon such inquiry may be examined or cross-examined in relation thereto.  R.S.O. 1990, c. E.6, s. 88; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007
89 The Chief Electoral Officer, in addition to any other requirements of this Act in respect of the tabling of the results of an election, shall report to the Assembly through the Speaker whether or not in the Chief Electoral Officer’s opinion the conduct of the election was free or otherwise of any of the actions which are declared to be offences or corrupt practices under this Act.  R.S.O. 1990, c. E.6, s. 89; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 Rights of Candidates
90 Every person who, at an election, (a)  not being qualified to vote, votes; or (b)  being qualified to vote, votes more than once; or (c)  votes in an electoral district or polling division other than the one in which the person is entitled to vote by this Act, is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. E.6, s. 90; 1994, c. 27, s. 46 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (2) - 09/12/1994
91 Every person who does any of the following is guilty of a corrupt practice and liable, on conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both: 1.  Applying for a special ballot for reward or remuneration. 2.  Agreeing to vote by special ballot for reward or remuneration. 3.  Inducing or procuring any elector by undue influence to apply for a special ballot. 4.  Having obtained a special ballot, knowingly attempting to vote at the election otherwise than by means of the special ballot.  2010, c. 7, s. 33; 2011, c. 17, s. 1. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (3) - 09/12/1994 2010, c. 7, s. 32
- 18/05/2010; 2010, c. 7, s. 33
- 01/07/2011 2011, c. 17, s. 1
- 01/07/2011
92 Every deputy returning officer or poll clerk who wilfully miscounts the ballots or otherwise wilfully makes up a false statement of the poll is guilty of a corrupt practice and is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both.  2011, c. 17, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 17, s. 2
- 01/06/2011
93 Every returning officer, election clerk, revision assistant, deputy returning officer, poll clerk, registration agent or revising agent who refuses or neglects to perform any of the duties imposed upon him or her by this Act is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. E.6, s. 93; 1998, c. 9, s. 43; 2010, c. 7, s. 34. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 43 - 01/01/1999 2010, c. 7, s. 34
- 18/05/2010
94 Every person who, (a)  without authority, supplies a ballot to any person; (b)  without authority, places in a ballot box anything other than an official ballot; (c)  delivers to the deputy returning officer to be placed in the ballot box any paper other than the ballot given to him or her by the deputy returning officer; (d)  takes a ballot out of the polling place; (e)  without authority, is found to be in possession of, takes, opens or otherwise interferes with, a ballot box, a ballot or books or packet of ballots provided for use at, in use, or used for the purpose of an election; (f)  being a deputy returning officer, knowingly puts his or her initials on the back of any paper that is not a ballot but purports to be a ballot or is capable of being used as such at an election; (g)  being authorized by the returning officer or Chief Electoral Officer to print the ballots for an election, prints more than he, she or it is authorized to print; or (h)  attempts to commit any offence mentioned in this section, is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. E.6, s. 94; 1994, c. 27, s. 46 (4, 5); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (4, 5) - 09/12/1994 2007, c. 15, s. 40 (1)
- 04/06/2007
95 Every person who furnishes false or misleading information to a returning officer or to any person who by this Act is authorized to act as an election official is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  1994, c. 27, s. 46 (6). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (6) - 09/12/1994
96 Every person who, (a)  induces or procures any person to vote who has no right to vote; or (b)  before or during an election publishes a false statement of the withdrawal of a candidate, is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  1994, c. 27, s. 46 (6). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (6) - 09/12/1994
96.1 No person shall, directly or indirectly, (a)  offer, give, lend, or promise or agree to give or lend any valuable consideration in connection with the exercise or non-exercise of an elector’s vote; (b)  advance, pay or cause to be paid money intending that it be used to commit an offence referred to in clause (a), or knowing that it will be used to repay money used in the same way; (c)  give, procure or promise or agree to procure an office or employment in connection with the exercise or non-exercise of an elector’s vote; (d)  apply for, accept or agree to accept any valuable consideration or office or employment in connection with the exercise or non-exercise of an elector’s vote; (e)  give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy.  1998, c. 9, s. 44. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 44 - 01/01/1999
96.2 (1) A person who, inside or outside Ontario, prevents another person from voting or impedes or otherwise interferes with the person’s exercise of the vote is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  2011, c. 17, s. 3. Party to offence (2) A person who, inside or outside Ontario, does anything for the purpose of aiding another person to commit the offence described in subsection (1), abets another person in committing it, or counsels or procures another person to commit it is a party to the offence.  2011, c. 17, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 17, s. 3
- 01/06/2011
96.3 A person who, inside or outside Ontario, falsely represents himself or herself to be any of the following is guilty of an offence and on conviction is liable to a fine of not more than $5,000: 1.  An employee or agent of the office of the Chief Electoral Officer. 2.  A person appointed under this Act. 3.  A candidate or a person who is authorized by the candidate to act on his or her behalf. 4.  A person who is authorized by a registered party or registered constituency association to act on its behalf.  2011, c. 17, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 17, s. 3
- 01/06/2011
97 Every person who contravenes any of the provisions of this Act, for which contravention no penalty is otherwise provided, is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. E.6, s. 97.
97.1 If, when a person is convicted of an offence under section 90, 94, 95, 96, 96.1, 96.2 or 96.3, the presiding judge finds that the offence was committed knowingly, the person is also guilty of a corrupt practice and is liable to one or both of the following: 1.  A fine of not more than $25,000, instead of the fine that would otherwise apply. 2.  Imprisonment for a term of not more than two years less a day.  2011, c. 17, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (7) - 09/12/1994; 1998, c. 9, s. 45 - 01/01/1999 2011, c. 17, s. 4
- 01/06/2011
98 (1) A person who is convicted of a corrupt practice, (a)  shall forfeit any office to which he or she was elected; and (b)  is ineligible to stand as a candidate at any election or to hold any office at the nomination of the Crown or the Lieutenant Governor in Council until the eighth anniversary of the date of the official return.  1994, c. 27, s. 46 (8). Office vacant (2) When clause (1) (a) applies, the forfeited office is vacant.  1994, c. 27, s. 46 (8). Exception (3) If the presiding judge finds that the act constituting a corrupt practice was committed without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply.  1994, c. 27, s. 46 (8). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (8) - 09/12/1994
98.1 (1) No prosecution shall be instituted under this Act without the Chief Electoral Officer’s consent.  2007, c. 15, s. 26. Limitation (2) No prosecution shall be instituted more than two years after the facts on which it is based first came to the Chief Electoral Officer’s knowledge.  2007, c. 15, s. 26. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 26
- 04/06/2007 Contested Elections
99 (1) The validity of the election in any electoral district or of the election of any person to the Assembly or of the right of any person to sit in the Assembly shall be tried and determined by an action commenced in the Superior Court of Justice.  R.S.O. 1990, c. E.6, s. 99 (1); 1994, c. 27, s. 46 (9); 2005, c. 23, s. 4 (2). (2) Repealed:  1994, c. 27, s. 46 (10). Who may commence action (3) A candidate at an election or any elector qualified to vote at an election or the Chief Electoral Officer, if he or she considers that it is in the public interest that an action be commenced, may commence an action.  R.S.O. 1990, c. E.6, s. 99 (3); 2007, c. 15, s. 40 (1). Time for commencing action (4) No action shall be commenced after the expiration of ninety days following the date of the official election return, but this subsection does not apply to the Chief Electoral Officer who may commence an action under this section at any time.  R.S.O. 1990, c. E.6, s. 99 (4); 2007, c. 15, s. 40 (1). Special requirements, plaintiff other than C.E.O. (5) When an action is commenced by a person other than the Chief Electoral Officer, (a)  security shall be given on behalf of the plaintiff in the amount of $2,000, in accordance with the practice in cases where a plaintiff resides out of Ontario; and (b)  after the security has been given, the local registrar of the Superior Court of Justice shall notify the Chief Electoral Officer by registered mail.  1998, c. 9, s. 46; 2005, c. 23, s. 4 (2); 2007, c. 15, s. 40 (1). Purpose of security (5.1) The security given under subsection (5) is to be applied towards payment of the costs, charges and expenses, if any, that become payable by the plaintiff, including the costs and charges of the returning officer incurred under subsection (7).  1998, c. 9, s. 46. C.E.O. to notify Assembly and returning officer (6) The Chief Electoral Officer shall notify the Assembly, through the Clerk of the Assembly, of any action commenced under the authority of this section, and shall also notify the returning officer of the electoral district to which the writ of summons relates.  R.S.O. 1990, c. E.6, s. 99 (6); 2007, c. 15, s. 40 (1). Publication of notice by returning officer (7) After receiving notification under subsection (6), the returning officer shall promptly publish, once, a notice of it in the prescribed form in a manner that provides for coverage throughout the electoral district. 2016, c. 33, s. 32. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (9, 10) - 09/12/1994; 1998, c. 9, s. 46 - 01/01/1999 2005, c. 23, s. 4 (2)
- 13/06/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 33, s. 32
- 01/01/2017
100 (1) Where not otherwise provided in this Act and subject to the rules of court, the practice and procedure of the Superior Court of Justice apply to an action commenced under section 99.  R.S.O. 1990, c. E.6, s. 100 (1); 2005, c. 23, s. 4 (2). Judge without jury (2) The action shall be tried by a judge without a jury.  R.S.O. 1990, c. E.6, s. 100 (2). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2)
- 13/06/2005
101 (1) The Chief Electoral Officer, following receipt of the notice under subsection 99 (5), may apply to a judge of the Superior Court of Justice, or to the judge presiding at the trial for leave to intervene in the action for the purpose of bringing any evidence before the court or for any other valid reason.  R.S.O. 1990, c. E.6, s. 101 (1); 2005, c. 23, s. 4 (2); 2007, c. 15, s. 40 (1). Notice of application to be filed and served (2) Where the Chief Electoral Officer applies prior to the trial for leave to intervene, he or she shall file notice of the application in the office in which the action was commenced and shall serve copies thereof on all parties.  R.S.O. 1990, c. E.6, s. 101 (2); 2007, c. 15, s. 40 (1). Where leave granted (3) If the judge grants leave to intervene, he or she shall give directions as to appearance and procedure in respect of the Chief Electoral Officer including leave to summon witnesses to attend at the trial, and thereafter, the Chief Electoral Officer shall be served with all proceedings in the action.  R.S.O. 1990, c. E.6, s. 101 (3); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 102 Repealed:  1998, c. 9, s. 47. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 47 - 01/01/1999
103 A disclaimer by an elected member under the Legislative Assembly Act does not affect the right of any person entitled to commence an action under section 99 and an action may be commenced in the same manner as if the member elected had not disclaimed.  R.S.O. 1990, c. E.6, s. 103.
104 (1) An action abates on the death of a sole plaintiff or the survivor of several plaintiffs.  R.S.O. 1990, c. E.6, s. 104 (1). Liability for costs (2) The abatement of an action does not affect any liability for costs previously incurred.  R.S.O. 1990, c. E.6, s. 104 (2). Substitution of plaintiff (3) On the abatement of an action, notice of the abatement shall be given by the local registrar of the Superior Court of Justice in the prescribed form in the electoral district and any person who might have been a plaintiff may apply to a judge of the Superior Court of Justice or, during the trial, to the trial judge to be substituted as the sole plaintiff.  R.S.O. 1990, c. E.6, s. 104 (3); 2005, c. 23, s. 4 (2). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2)
- 13/06/2005
105 Where a plaintiff is not qualified to be a plaintiff in an action under section 99, the action shall not on that account be dismissed if within such time as a judge of the Superior Court of Justice or, during the trial, the trial judge allows for that purpose, another plaintiff is substituted and substitution shall be made on such terms and conditions as the judge considers proper.  R.S.O. 1990, c. E.6, s. 105; 2005, c. 23, s. 4 (2). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2)
- 13/06/2005
106 (1) If, before or during the trial, (a)  the defendant dies; or (b)  the Assembly resolves that the seat is vacant; or (c)  the defendant gives notice to the court that he or she does not intend to oppose, or further oppose the action, notice of such event shall be given by the local registrar of the Superior Court of Justice in the prescribed form in the electoral district.  R.S.O. 1990, c. E.6, s. 106 (1); 2005, c. 23, s. 4 (2). Substituted as further defendant (2) Within twenty days after notice is given in the electoral district under subsection (1), any person who might have been a plaintiff may apply to a judge of the Superior Court of Justice or, during the trial, to the trial judge to be admitted as a defendant to oppose the action, or so much thereof as remains undisposed of, and may be admitted accordingly, either with the defendant, if there is a defendant, or in place of the defendant, and any number of persons not exceeding three, may be so admitted.  R.S.O. 1990, c. E.6, s. 106 (2); 2005, c. 23, s. 4 (2). Adjournment of trial (3) If any of the events mentioned in subsection (1) happen during the trial, the court shall adjourn the trial in order that notice may be given in the electoral district.  R.S.O. 1990, c. E.6, s. 106 (3). Where notice of intention not to oppose given (4) The defendant who has given the notice under clause (1) (c) shall not be allowed to appear or act as a party against the action and shall not sit or vote in the Assembly until the Assembly has been informed of the judgment in the action, and the court shall report the giving of the notice to the Assembly through the Clerk of the Assembly.  R.S.O. 1990, c. E.6, s. 106 (4). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2)
- 13/06/2005
107 (1) Where the election of a person is declared void, the court may order that he or she be removed from office and, if it was determined that another person would have been elected but for the reasons leading to the election being declared void, that the other person be admitted to take his or her seat in the Assembly or, if it is determined that no other person is elected, the court may provide for holding a new election.  1994, c. 27, s. 46 (11). Affecting result of election (2) Where it is determined that any act or omission unlawfully affected the result of an election, the court may declare the election void and provide for holding a new election.  1994, c. 27, s. 46 (11). Compensation (3) Where a new election is ordered, the court may make such order as it considers just against a person whose act or omission unlawfully affected the result of the election that has been declared void, for the compensation of candidates at that election, not exceeding $15,000 per candidate.  1994, c. 27, s. 46 (11). Judgment forwarded to Assembly (4) The registrar of the court shall forward the judgment and the reasons for judgment to the Assembly through the Clerk of the Assembly.  1994, c. 27, s. 46 (11). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (11) - 09/12/1994
108 (1) If the court determines that a member was not duly returned, even if an appeal from the decision is pending, he or she is not entitled to sit or vote in the Assembly until the appeal is disposed of and the judgment of the court is received by the Assembly, but where the court determines that some other person was elected or is entitled to the seat, such person is, even if an appeal is pending, entitled to take his or her seat in the Assembly and to sit and vote until the appeal is disposed of and the judgment of the court is received by the Assembly.  R.S.O. 1990, c. E.6, s. 108 (1). Notice of appeal to Clerk (2) In the cases to which subsection (1) applies, where an appeal is entered, the local registrar shall forthwith notify the Clerk of the Assembly that an appeal is pending from the decision of the court.  R.S.O. 1990, c. E.6, s. 108 (2).
109 A writ for a new election shall not be issued until after the expiration of the time limited for appeal from the determination of the Superior Court of Justice that the election is void and, if an appeal is brought, the writ shall not issue pending the appeal.  R.S.O. 1990, c. E.6, s. 109; 2005, c. 23, s. 4 (2). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2)
- 13/06/2005
110 (1) An appeal lies from the judgment of the Superior Court of Justice to the Court of Appeal.  R.S.O. 1990, c. E.6, s. 110 (1); 2005, c. 23, s. 4 (2). Appeal to be heard speedily (2) The appeal shall be heard as speedily as practicable.  R.S.O. 1990, c. E.6, s. 110 (2). Judgment or new trial (3) The Court of Appeal may give any judgment that ought to have been pronounced or may grant a new trial for the purposes of taking evidence or additional evidence and may remit the case to the trial judge or to another judge and, subject to any directions of the Court of Appeal, the case shall thereafter be proceeded with as if there had been no appeal.  R.S.O. 1990, c. E.6, s. 110 (3). Appeal from decision on new trial (4) An appeal lies from the decision of the trial judge to whom the case was remitted by the Court of Appeal in accordance with the provisions of this section.  R.S.O. 1990, c. E.6, s. 110 (4). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2)
- 13/06/2005
111 The Lieutenant Governor in Council, upon the recommendation of the Assembly, may establish a commission to inquire into whether corrupt practices extensively prevailed at the election and section 33 of the Public Inquiries Act, 2009 applies to that inquiry.  2009, c. 33, Sched. 6, s. 54 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 54 (2) - 01/06/2011 Election Fees and Expenses
112 (1) The Chief Electoral Officer shall, in an annual submission to the Board, establish the fees payable to officers and other persons, except those in the office of the Chief Electoral Officer, for their services under this Act.  2010, c. 7, s. 35. Board (2) The Board may accept, reject or modify the fees established in the submission.  2010, c. 7, s. 35. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 2010, c. 7, s. 35
- 18/05/2010
112.1 The annual submission under section 112 for the year of a general election under subsection 9 (2) shall also describe in detail the total estimated cost of that election.  2010, c. 7, s. 35. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 35
- 18/05/2010
112.2 The Chief Electoral Officer shall ensure that the procurement directives and guidelines applicable to the public service of Ontario are followed, as appropriate, for election disbursements.  2010, c. 7, s. 35. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 35
- 18/05/2010
113 (1) The fees and expenses to be allowed to the election officers, returning officers and persons for services performed under this Act, so far as they are payable by the Province of Ontario, are payable out of the Consolidated Revenue Fund.  R.S.O. 1990, c. E.6, s. 113 (1). Premises and equipment (2) The Chief Electoral Officer may lease such premises and acquire such equipment and supplies as are necessary to properly carry out his or her responsibilities under this Act.  R.S.O. 1990, c. E.6, s. 113 (2); 2007, c. 15, s. 40 (1). Clerical and technical assistance (3) The Chief Electoral Officer from time to time may appoint such persons having technical or special knowledge of any kind to assist the Chief Electoral Officer for a limited period of time, or in respect of a particular matter.  R.S.O. 1990, c. E.6, s. 113 (3); 2007, c. 15, s. 40 (1). Accountable warrants (4) For the purpose of providing the funds required under this section, the Lieutenant Governor in Council may direct that accountable warrants payable out of the Consolidated Revenue Fund be issued from time to time in favour of any officer or other person.  R.S.O. 1990, c. E.6, s. 113 (4). Accounts and audit (5) The sums paid out under this section shall be duly accounted for by the production of accounts and vouchers but it is not necessary that such accounts or vouchers be furnished by any person in whose favour an accountable warrant was issued before the issue of a further accountable warrant to the same person, unless the Lieutenant Governor in Council otherwise directs.  R.S.O. 1990, c. E.6, s. 113 (5). Audit by Auditor General (6) All accounts respecting such fees and expenses shall be audited by the Auditor General.  R.S.O. 1990, c. E.6, s. 113 (6); 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32
- 30/11/2004 2007, c. 15, s. 40 (1)
- 04/06/2007 Office of the Chief Electoral Officer
114 (1) Subject to the approval of the Board, the Chief Electoral Officer may employ such persons on his or her permanent staff as are necessary in the performance of his or her duties and for the efficient and proper operation of his or her office and may establish job classifications for such employees and determine their salaries or wages and the terms and conditions of their employment. 2018, c. 17, Sched. 12, s. 4. Same (1.0.1) Salaries or wages determined for the employees of the office of the Chief Electoral Officer under clause (1) (a) shall be comparable to the salaries or wages determined under Part III of the Public Service of Ontario Act, 2006 for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are in similar positions.  2006, c. 35, Sched. C, s. 30 (1); 2007, c. 15, s. 40 (1). Estimates (1.1) The Chief Electoral Officer shall present annually to the Board estimates of the sums of money that will be required, (a)  for the purposes mentioned in subsection (1); and (b)  for the performance of the Chief Electoral Officer’s functions under the Election Finances Act and the Taxpayer Protection Act, 1999.  1998, c. 9, s. 48 (3); 1999, c. 7, Sched. A, s. 22; 2007, c. 15, s. 40 (1). Review of estimates by Board (2) The Board shall review and may alter as it considers proper the estimates referred to in subsection (1.1), and the chair of the Board shall cause the estimates as altered by the Board to be laid before the Assembly, which shall refer them to one of its committees for review.  1998, c. 9, s. 48 (4). Money (3) The money required for the purposes of this section shall be paid out of the money appropriated therefor by the Legislature.  R.S.O. 1990, c. E.6, s. 114 (3). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 48 (1-4) - 01/01/1999; 1999, c. 7, s. 22 - 14/12/1999 2006, c. 35, Sched. C, s. 30 (1) - 20/08/2007 2007, c. 15, s. 26, 28, 40 (1) - 04/06/2007 2018, c. 17, Sched. 12, s. 4 - 06/12/2018
114.1 (1) The Chief Electoral Officer may implement public education and information programs to make Ontario’s electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.  2007, c. 15, s. 27. Same (2) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public with information about Ontario’s electoral process, the right to vote and how to be a candidate.  2007, c. 15, s. 27. (3) Repealed:  2010, c. 7, s. 36. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 27
- 04/06/2007 2010, c. 7, s. 36
- 18/05/2010
114.2 (1) The Chief Electoral Officer shall prepare information packages for new electors and shall make them available, annually, to school boards for distribution to students who have reached voting age or will soon do so.  2007, c. 15, s. 27. Same (2) The information package shall contain information about, (a)  Ontario’s electoral process; (b)  the right to vote; (b.1)  the provisional register established under section 17.7; (c)  how to have one’s name added to the permanent register of electors; and (d)  any other matter that the Chief Electoral Officer considers useful for electors.  2007, c. 15, s. 27; 2016, c. 33, s. 33. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 27
- 04/06/2007 2016, c. 33, s. 33
- 01/07/2017
114.3 (1) The Chief Electoral Officer shall make an annual report on the affairs of his or her office in relation to this Act to the Speaker of the Assembly.  2007, c. 15, s. 27. Recommendations (2) In the annual report, the Chief Electoral Officer may recommend any amendments to this Act that he or she considers advisable.  2007, c. 15, s. 27. Tabling (3) The Speaker shall lay the annual report before the Assembly if it is in session or, if not, at the next session.  2007, c. 15, s. 27. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 27
- 04/06/2007
114.4 Every report, direction or notice that this Act requires the Chief Electoral Officer to publish shall be made available to persons with disabilities in a manner that takes their disabilities into account, in accordance with the Accessibility for Ontarians with Disabilities Act, 2005
and the regulations made under that Act.  2010, c. 7, s. 37. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 37
- 18/05/2010 114.5 Repealed: 2010, c. 7, s. 38. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 114.5 (4) (see 2010, c. 7, s. 38 - 18/05/2010) - 31/12/2015 2010, c. 7, s. 38
- 18/05/2010
115 (1) Every employee of the office of the Chief Electoral Officer, before performing any duty as such, shall take and subscribe the prescribed oath or affirmation of office and secrecy and, if required by the Chief Electoral Officer, the prescribed oath or affirmation of allegiance.  R.S.O. 1990, c. E.6, s. 115 (1); 2007, c. 15, s. 40 (1). Idem (2) The Chief Electoral Officer may require any person appointed to assist the Chief Electoral Officer for a limited period of time or in respect of a particular matter to take and subscribe either or both of the oaths or affirmations referred to in subsection (1).  R.S.O. 1990, c. E.6, s. 115 (2); 2007, c. 15, s. 40 (1). Record of oaths or affirmations (3) A copy of each oath or affirmation administered to an employee of the office of the Chief Electoral Officer under subsection (1) shall be kept in the file of the employee in the office of the Chief Electoral Officer.  R.S.O. 1990, c. E.6, s. 115 (3); 2007, c. 15, s. 40 (1). Cause for dismissal (4) The failure of an employee of the office of the Chief Electoral Officer to take and subscribe or to adhere to either of the oaths or affirmations required by subsection (1) may be considered as cause for dismissal.  R.S.O. 1990, c. E.6, s. 115 (4); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007
116 (1) The benefits determined under Part III of the Public Service of Ontario Act, 2006 for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are not within a bargaining unit apply to the full-time permanent and probationary employees of the office of the Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 5 (1). Same (1.1) For the purposes of subsection (1), if a benefit applicable to an employee of the office of the Chief Electoral Officer is contingent on the exercise of a discretionary power or the performance of a discretionary function, the Chief Electoral Officer or any other person authorized in writing by the Chief Electoral Officer may exercise the power or perform the function. 2018, c. 17, Sched. 12, s. 5 (1). (1.2) Repealed: 2018, c. 17, Sched. 12, s. 5 (1). Superannuation benefits (2) The office of the Chief Electoral Officer shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as a Commission whose full-time permanent and probationary employees are required to be members of the Public Service Pension Plan.  R.S.O. 1990, c. E.6, s. 116 (2); 2007, c. 15, s. 40 (1). (3) Repealed: 2018, c. 17, Sched. 12, s. 5 (2). Idem (4) All credits in the Public Service Superannuation Fund of the full-time permanent and probationary employees of the office of the Chief Electoral Officer and of the Chief Electoral Officer and the Deputy Chief Electoral Officer accumulated under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, immediately before the 14th day of December, 1984 are preserved and continued in accordance with that Act.  R.S.O. 1990, c. E.6, s. 116 (4); 2007, c. 15, ss. 28, 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 49 - 01/01/1999 2006, c. 35, Sched. C, s. 30 (2) - 20/08/2007 2007, c. 15, s. 28, 40 (1)
- 04/06/2007 2018, c. 17, Sched. 12, s. 5 (1, 2) - 06/12/2018
117 (1) The Chief Electoral Officer may make orders and rules for the conduct of the internal business of the office of the Chief Electoral Officer and, after a hearing, may, in accordance with subsection (2), impose disciplinary measures, including suspension or dismissal, for cause on an employee of the office.  2006, c. 35, Sched. C, s. 30 (3); 2007, c. 15, s. 40 (1). Same (2) Sections 34 to 36 of the Public Service of Ontario Act, 2006 apply, with necessary modifications, to the discipline for cause of an employee by the Chief Electoral Officer under subsection (1) and, for the purpose, (a)  a reference to a public servant appointed by the Public Service Commission shall be read as a reference to an employee of the office of the Chief Electoral Officer; (b)  a reference to the Public Service Commission shall be read as a reference to the Chief Electoral Officer.  2006, c. 35, Sched. C, s. 30 (3); 2007, c. 15, s. 40 (1). Appeals (3) A decision of the Chief Electoral Officer to discipline an employee under subsection (1) may be appealed by the employee, within 14 days after the decision has been communicated to him or her, to the Public Service Grievance Board continued under the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 30 (3); 2007, c. 15, s. 40 (1). Same (4) The Public Service Grievance Board may hear and dispose of an appeal under this section, and the provisions of Part II of the Public Service of Ontario Act, 2006 and the regulations under that Part that apply in relation to grievances authorized by those regulations apply, with necessary modifications, to an appeal under this section.  2006, c. 35, Sched. C, s. 30 (3). Same (5) The Public Service Grievance Board shall report its decision and reasons in writing to the Chief Electoral Officer and to the appellant.  2006, c. 35, Sched. C, s. 30 (3); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 50 - 01/01/1999 2006, c. 35, Sched. C, s. 30 (3) - 20/08/2007 2007, c. 15, s. 40 (1)
- 04/06/2007 Transitional Regulations
118 (1) The Lieutenant Governor in Council may make regulations providing for transitional matters arising from the enactment of Schedule 12 to the Restoring Trust, Transparency and Accountability Act, 2018. 2018, c. 17, Sched. 12, s. 6. Conflict (2) If there is a conflict between a regulation made under subsection (1) and a provision of this or any other Act or a provision of another regulation made under any other Act, the regulation made under subsection (1) prevails. 2018, c. 17, Sched. 12, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 6 - 06/12/2018 ______________  Français