jswizzle3737/ontario_laws_and_regs huggingface dataset:
45.7 (1) As soon as possible after the close of nominations at an election, the Chief Electoral Officer shall establish a list of candidates, shown as nearly as possible in accordance with the rules in subsection 34 (2).  2010, c. 7, s. 28. Same (2) In the case of a general election, the list shall show the candidates for each electoral district.  2010, c. 7, s. 28. Same (3) The Chief Electoral Officer shall provide all special ballot officers with copies of the list.  2010, c. 7, s. 28. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011
45.8 An elector who wishes to vote by means of a special ballot kit shall, (a)  write on the ballot the given name and surname, or initials and surname, of the candidate for whom the elector is voting, and the candidate’s political affiliation if two or more candidates have the same name; (b)  place the ballot in the inner envelope and seal the inner envelope; (c)  place the sealed inner envelope in the outer envelope and seal the outer envelope; (d)  complete and sign the declaration on the sealed outer envelope; (e)  place the sealed outer envelope in the mailing envelope; and (f)  mail or deliver the mailing envelope, (i)  to the returning office in the elector’s electoral district, in the case of an application under subsection 45.2 (5), (ii)  to the Chief Electoral Officer, in the case of an application under subsection 45.2 (6).  2010, c. 7, s. 28. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011
45.9 The Chief Electoral Officer shall prescribe, (a)  security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all related election documents; (b)  instructions for the receiving, sorting and counting of special ballots.  2010, c. 7, s. 28. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011
45.10 (1) A special ballot shall be counted only if it is received in the returning office or by the Chief Electoral Officer by 6 p.m. on polling day.  2010, c. 7, s. 28. Returning office (2) The special ballot officers in every returning office are responsible for counting the special ballots that are received there.  2010, c. 7, s. 28. Same (3) The counting of special ballots in returning offices shall take place at the same time as the counting of regular ballots.  2010, c. 7, s. 28. Office of C.E.O. (4) The special ballot officers in the office of the Chief Electoral Officer are responsible for counting the special ballots that are received by the Chief Electoral Officer and shall communicate the results to the appropriate returning officers.  2010, c. 7, s. 28. Same (5) The counting of special ballots received by the Chief Electoral Officer shall begin on the date fixed by the Chief Electoral Officer or, if no date is fixed, on the fifth day before polling day.  2010, c. 7, s. 28. Scrutineers (6) Each registered party is entitled to appoint a sufficient number of scrutineers to be present at the counting of special ballots received by the Chief Electoral Officer.  2010, c. 7, s. 28. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011
45.11 (1) The special ballot officers shall set aside an outer envelope unopened if, (a)  the information about the elector in the declaration on the outer envelope does not correspond with the information in the elector’s application to vote by special ballot; (b)  the declaration on the outer envelope is not signed; (c)  the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained; (d)  the outer envelope was received in the returning office or by the Chief Electoral Officer after 6 p.m. on polling day; or (e)  the outer envelope relates to an electoral district for which the election was postponed in accordance with section 31.  2010, c. 7, s. 28. Exception (2) Clause (1) (b) does not apply if the special ballot was marked with assistance in a home visit under section 45.4.  2010, c. 7, s. 28. Voting more than once (3) If the special ballot officers ascertain that an elector has voted more than once, they shall set aside the outer envelopes that relate to the elector, unopened.  2010, c. 7, s. 28. Disposition of outer envelopes that are set aside (4) When an outer envelope is set aside unopened as described in subsection (1) or (3), (a)  a special ballot officer shall indicate in writing, on the outer envelope, why it has been set aside; and (b)  at least two special ballot officers shall initial the note.  2010, c. 7, s. 28. Rejected ballot (5) The special ballot contained in an outer envelope that is set aside as described in subsection (1) is deemed to be a rejected ballot.  2010, c. 7, s. 28. Report (6) After the election, the Chief Electoral Officer shall make a report about any envelopes that are set aside unopened under subsection (1) or (3) and shall, (a)  give notice of the report to the leader of each registered party; and (b)  publish the report on a website on the Internet.  2010, c. 7, s. 28. Same (7) The report described in subsection (6) shall be included, (a)  in any report that the Chief Electoral Officer makes with respect to the election; or (b)  in the next annual report made under section 114.3.  2010, c. 7, s. 28. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011
45.12 The provisions of this Act relating to secrecy of proceedings, voting procedures, counting of the ballots and the reporting of the results apply with necessary modifications to voting by special ballot.  2010, c. 7, s. 28. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011
46 (1) The deputy returning officer and poll clerk shall attend at the polling place at least thirty minutes before the hour fixed for opening the poll.  R.S.O. 1990, c. E.6, s. 46 (1). Counting ballots at opening of poll (2) Any scrutineers present during the fifteen minutes before the opening of the poll are entitled to have the ballots counted in their presence and to inspect all other materials relating to the poll.  R.S.O. 1990, c. E.6, s. 46 (2). D.R.O. to show box empty, then seal it (3) The deputy returning officer immediately before opening the poll shall show the empty ballot box to any persons present and shall then seal the box as prescribed by the Chief Electoral Officer in such manner as to prevent its being opened without breaking the seals.  R.S.O. 1990, c. E.6, s. 46 (3); 2007, c. 15, s. 40 (1). Placement of ballot box (4) Except as provided in subsection 14 (2) and subsection (5) of this section, the deputy returning officer shall then place and keep the ballot box on a desk, counter or table or otherwise position it above floor level in full view of all present and shall keep it sealed until the close of the poll.  R.S.O. 1990, c. E.6, s. 46 (4). When ballot box may be moved (5) The ballot box may be moved by the poll officials to facilitate voting by an elderly or disabled elector but where the box is so moved it may be accompanied by any scrutineer present and a record of any such action and any objection taken by a scrutineer shall be made in the poll record opposite the name of the elector.  R.S.O. 1990, c. E.6, s. 46 (5); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2007, c. 15, s. 40 (1)
- 04/06/2007 Distribution of ballots
47 (1) Every elector, on entering the room or area where the poll is being held, shall state his or her name and place of residence to the deputy returning officer.  2007, c. 15, s. 22. Elector named on polling list (2) An elector who is named on the polling list is entitled to receive a ballot, (a)  on presenting proof of his or her identity in accordance with section 4.2; or (b)  on making the prescribed statutory declaration.  2007, c. 15, s. 22. Elector with certificate to vote (3) An elector who presents a certificate to vote is entitled to receive a ballot, (a)  on presenting proof of his or her identity in accordance with section 4.2; or (b)  on making the prescribed statutory declaration.  2007, c. 15, s. 22. Other electors (4) An elector who is not named on the polling list and does not have a certificate to vote may apply to have his or her name added under section 47.1, and is entitled to receive a ballot once his or her name has been added.  2007, c. 15, s. 22. D.R.O. to initial back of ballot (5) Every elector who is entitled to receive a ballot shall be given a folded ballot on the back of which the deputy returning officer has previously put his or her initials, so placed that when the ballot is refolded they can still be seen.  2007, c. 15, s. 22. Instructions (6) If the elector so requests, the deputy returning officer shall instruct the elector in the manner of marking and refolding the ballot.  2007, c. 15, s. 22. Poll record (7) The poll clerk shall enter in the poll record the name and place of residence of every elector who receives a ballot.  2007, c. 15, s. 22. Updated lists throughout polling day (8) On the regular polling day, the poll clerk shall prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has voted or forfeited his or her right to vote, other than electors who registered on that day and, on request, provide it to a candidate or a candidate’s representative or provide it in an electronic format to a registered party. 2016, c. 33, s. 28. Provision of information post-election (9) The Chief Electoral Officer shall, after the election, provide a list of the following information to each registered party: 1.  The names and unique identifiers of the electors. 2.  The mailing addresses and permanent addresses of the electors. 3.  Whether or not each elector voted. 2016, c. 33, s. 28. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 31 - 01/01/1999 2007, c. 15, s. 22
- 04/06/2007 2016, c. 33, s. 28
- 01/07/2017
47.1 (1) An elector whose name is not on the list may apply to the deputy returning officer or to a revision assistant to have it added.  2007, c. 15, s. 22. Identification (2) The elector shall, (a)  make a statutory declaration in the prescribed form, substantiating his or her identity and qualifications as an elector and stating that he or she has not already voted in the election; and (b)  present proof of his or her identity and place of residence in accordance with section 4.2.  2007, c. 15, s. 22. Duty of deputy returning officer or revision assistant (3) If the deputy returning officer or revision assistant is satisfied as to the contents of the statutory declaration, he or she shall add the applicant’s name to the list and the poll record, and shall write the words “added, declaration” or the words “ajouté, déclaration” after the name in the poll record.  2007, c. 15, s. 22. Addition of name to permanent register (4) When a person’s name is added to the list and the poll record under subsection (3), it shall also be added to the permanent register, unless the person objects.  2007, c. 15, s. 22. Polling day only (5) This section applies only on polling day.  2007, c. 15, s. 22. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 22
- 04/06/2007
47.2 (1) A deputy returning officer shall require a person offering to vote to make the prescribed statutory declaration if, (a)  the deputy returning officer has reason to believe that the person, (i)  is not an elector, (ii)  has already voted, (iii)  is attempting to vote under a false name, or (iv)  is falsely representing himself or herself as being on the list; or (b)  a candidate or scrutineer who is an elector requests that the deputy returning officer require the person to make the statutory declaration.  2007, c. 15, s. 22. Application (2) Subsection (1) does not apply to a person who makes a statutory declaration under subsection 47 (2) or (3).  2007, c. 15, s. 22. Alleged personation (3) A person who has made the prescribed statutory declaration and otherwise established his or her identity to the deputy returning officer’s satisfaction is entitled to receive a ballot, even if another person has already voted under the first-named person’s name.  2007, c. 15, s. 22. Poll record (4) When a person is required to make the prescribed statutory declaration under subsection (1), a note shall be made in the poll record, (a)  indicating whether he or she made the statutory declaration or refused to do so; (b)  confirming that the person received a ballot, if that is the case; (c)  stating that another person had already voted under the first-named person’s name, if that is the case; (d)  stating any objections made on behalf of a candidate and, if so, which candidate.  2007, c. 15, s. 22. Effect of refusal (5) An elector who refuses to make the prescribed statutory declaration under subsection (1) when required to do so forfeits the right to vote.  2007, c. 15, s. 22. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 22
- 04/06/2007 Marking a Ballot
48 (1) The elector on receiving a ballot shall forthwith proceed to one of the voting screens and there, using a pencil or pen indicate the candidate of his or her choice by marking one of the circular spaces on the ballot with a cross or other mark in any colour.  R.S.O. 1990, c. E.6, s. 48 (1). Verification of ballot (2) The elector shall then refold the ballot so that the initials on the back are visible and hand it to the deputy returning officer who shall, without unfolding it, (a)  ascertain by examining his or her initials that it is the same ballot that was issued to the elector; and (b)  return it to the elector.  1998, c. 9, s. 32. Deposit in ballot box (2.1) The elector shall immediately and in full view of all present place the ballot in the ballot box, whereupon the poll clerk shall indicate in the poll record that the elector has voted.  1998, c. 9, s. 32. Elector to leave polling place after voting (3) An elector whose ballot has been placed in the ballot box shall be deemed to have voted and shall forthwith leave the polling place.  R.S.O. 1990, c. E.6, s. 48 (3). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 32 - 01/01/1999 49 Repealed: 2016, c. 33, s. 29. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 33 - 01/01/1999 2016, c. 33, s. 29
- 01/01/2017 Voting Certificates
50 (1) An elector voting under the authority of a certificate issued by the returning officer or revision assistant shall surrender it to the deputy returning officer at the polling place before receiving a ballot.  R.S.O. 1990, c. E.6, s. 50 (1). Entry in poll record (2) The deputy returning officer or poll clerk shall record in the poll record, opposite the name of the elector, the words “voted under certificate” and shall file the certificate in the envelope of election documents to be returned to the returning officer.  R.S.O. 1990, c. E.6, s. 50 (2). Vouching
51 (1) In a rural polling division, other than at an advance poll, an elector whose name was omitted from the polling list, may apply to the deputy returning officer to have his or her name added to the list and it shall be added, (a)  if the elector takes the prescribed oath or affirmation as to his or her eligibility to vote; and (b)  if the elector is accompanied by an elector who, (i)  is a resident in the same polling division and is named on the polling list, (ii)  presents proof of his or her identity in accordance with section 4.2, and (iii)  vouches on oath or affirmation that he or she knows the person whose name has been omitted and believes the person to be qualified to be entered on the list.  R.S.O. 1990, c. E.6, s. 51 (1); 2007, c. 15, s. 23. May vouch for more than one elector (2) An elector vouching, as provided by subsection (1), may do so for more than one elector.  R.S.O. 1990, c. E.6, s. 51 (2). Name to be added to list (3) The deputy returning officer after taking the prescribed oath or affirmation shall cause the applicant’s name to be added to the polling list and entered in the poll record with the words “vouched for” written thereafter.  R.S.O. 1990, c. E.6, s. 51 (3). Right to vote (4) The applicant, upon taking the oath or affirmation and being vouched for, is entitled to vote.  R.S.O. 1990, c. E.6, s. 51 (4). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 23
- 04/06/2007 Ballot Taken from Poll
52 An elector who has received a ballot shall not take it out of the polling place and any elector who leaves without delivering the ballot to the deputy returning officer forfeits the right to vote and the deputy returning officer shall cause an entry to be made in the poll record that the elector took his or her ballot out of the polling place.  R.S.O. 1990, c. E.6, s. 52. Declined Ballot
53 An elector who has received a ballot and returns it to the deputy returning officer declining to vote, forfeits the right to vote and the deputy returning officer shall immediately write the word “declined” upon the back of the ballot and preserve it to be returned to the returning officer and shall cause an entry to be made in the poll record that the elector declined to vote.  R.S.O. 1990, c. E.6, s. 53. Cancelled Ballot
54 (1) The deputy returning officer may replace a ballot with another one if, (a)  it has been improperly printed; (b)  it has inadvertently been dealt with in such a manner that it cannot be used; or (c)  it has been returned as described in subsection (2).  1998, c. 9, s. 34. Return by elector (2) An elector is entitled to return the ballot that was issued to him or her to the deputy returning officer and receive another one if, (a)  the elector objects to the ballot for any reason; or (b)  the elector has marked the ballot issued to him or her otherwise than he or she intended.  1998, c. 9, s. 34. Ballot marked in error (3) Before returning a ballot described in clause (2) (b) to the deputy returning officer, the elector shall make it unusable by placing a mark or cross in all the circular spaces.  1998, c. 9, s. 34. Poll record (4) When a ballot is replaced under subsection (1), the deputy returning officer shall, (a)  immediately write “cancelled” or “annulé” on the back of the replaced ballot; (b)  keep the replaced ballot to be returned to the returning officer; and (c)  cause an entry to be made in the poll record stating the reasons for cancelling the ballot.  1998, c. 9, s. 34. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 34 - 01/01/1999 Electors with Disabilities
55 (1) On the application of any elector who is unable to read or who is disabled and thereby prevented from voting in accordance with the other provisions of this Act, the deputy returning officer may assist the elector to the voting screen or if the elector making the application takes an oath as to his or her inability to vote without assistance, shall thereafter assist the elector at the voting screen by marking his or her ballot in the manner directed by the elector in the presence of the poll clerk and of no other person, and place the ballot in the ballot box.  R.S.O. 1990, c. E.6, s. 55 (1). Ballot marked by friend (2) The deputy returning officer shall either deal with an elector mentioned in subsection (1) in the manner provided therein or, at the request of such elector who has taken the prescribed oath or affirmation and is accompanied by a friend, shall permit the friend to accompany the elector to the voting screen and there mark the elector’s ballot for him or her.  R.S.O. 1990, c. E.6, s. 55 (2). Declaration to be made by friend (3) Any friend who is permitted to mark the ballot of an elector under subsection (2) shall first be required to take an oath or affirmation that he or she will keep secret the name of the candidate for whom the ballot was marked.  R.S.O. 1990, c. E.6, s. 55 (3). May act as friend once only (4) No person shall be allowed to act as the friend of more than one elector mentioned in subsection (1) at any polling place, other than a polling place established under section 14.  R.S.O. 1990, c. E.6, s. 55 (4). Entry in poll record (5) The deputy returning officer shall enter in the poll record opposite the elector’s name the reason why the ballot was marked by the deputy returning officer or by a friend of the elector.  R.S.O. 1990, c. E.6, s. 55 (5). Section Amendments with date in force (d/m/y) 2001, c. 32, s. 24 (1)
- 30/09/2002
55.0.1 Before the first advance poll in every election, every returning officer shall ensure that all electoral officers in the electoral district receive training in understanding the needs of electors with disabilities.  2010, c. 7, s. 29. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 29
- 18/05/2010
55.1 (1) Within three months after polling day in the election, every returning officer for an electoral district shall prepare a report on the measures that the officer has taken to provide accessibility for electors with disabilities in the district and shall submit the report to the Chief Electoral Officer.  2001, c. 32, s. 24 (2); 2007, c. 15, s. 40 (1). Availability to the public (2) The Chief Electoral Officer shall make the report available to the public.  2001, c. 32, s. 24 (2); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2001, c. 32, s. 24 (2)
- 30/09/2002 2007, c. 15, s. 40 (1)
- 04/06/2007 Interpreter at the Poll
56 Where neither the deputy returning officer nor the poll clerk understands the language spoken by an elector or where the elector is deaf, the elector has the right to the assistance of an interpreter who, after taking the prescribed oath or affirmation, may translate any necessary declarations, documents or lawful questions put to the elector and the answers, but in the event of inability to secure an interpreter, the elector shall, for the time being, be refused a ballot.  R.S.O. 1990, c. E.6, s. 56. Counting the Ballots
57 (1) Immediately after the close of the poll, the deputy returning officer shall count the number of electors who appear by the poll record to have voted and on such record shall enter that number and draw a bold double line immediately below the name of the elector who voted last, and shall sign his or her name thereto, then, in the presence and in full view of the persons entitled to be present, as set out under subsection 42 (1), the deputy returning officer shall open the ballot box and proceed to count the number of valid ballots cast for each candidate and all other ballots therein giving full opportunity to those present to see each ballot and observe the procedure.  R.S.O. 1990, c. E.6, s. 57 (1). What may be accepted as valid ballot (2) Only a ballot which was supplied to the elector by the deputy returning officer and with only one of the circular spaces marked and upon which there is no writing or mark by which the voter can be identified shall be accepted as a valid ballot at the count.  R.S.O. 1990, c. E.6, s. 57 (2). Where ballot not to be rejected (3) No word, letter or mark written or made or omitted to be written or made by the deputy returning officer on a ballot warrants its rejection.  R.S.O. 1990, c. E.6, s. 57 (3). Ballot not initialled at time of issue (3.1) Without limiting the generality of subsection (3), if the deputy returning officer is satisfied that a ballot lacking the initials required by subsection 47 (5) was nevertheless duly issued, he or she shall initial it and accept it as a valid ballot.  1998, c. 9, s. 35; 2007, c. 15, s. 24. Objections to be noted (4) The deputy returning officer shall make a note in the poll record of every objection taken to a ballot by a candidate or scrutineer and shall decide the objection, subject to review as hereinafter provided.  R.S.O. 1990, c. E.6, s. 57 (4). Numbered and initialled (5) Each objection shall be numbered and a corresponding number placed on the back of the ballot and initialled by the deputy returning officer.  R.S.O. 1990, c. E.6, s. 57 (5). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 35 - 01/01/1999 2007, c. 15, s. 24
- 04/06/2007
58 (1) All accepted ballots indicating the votes given for each candidate respectively and all unmarked, rejected, cancelled, declined and unissued ballots shall be counted and sealed in separate envelopes by the deputy returning officer and the stubs of any ballots issued shall be included in the envelope with the unissued ballots.  R.S.O. 1990, c. E.6, s. 58 (1). Candidates and scrutineers may sign envelope (2) Any candidates or scrutineers present may write their signatures across the flap of any envelope containing ballots and may also affix their seals.  R.S.O. 1990, c. E.6, s. 58 (2). Statement of the Poll
59 (1) The deputy returning officer shall complete a prescribed statement of the poll, accounting for all the ballots supplied to him or her by the returning officer, and the statement shall be signed by the deputy returning officer and poll clerk and may be signed by any candidate or scrutineer present.  R.S.O. 1990, c. E.6, s. 59 (1). Disposition of statements (2) The deputy returning officer shall ensure that, (a)  one part of the statement is enclosed in a special envelope supplied for the purpose of the official tabulation; (b)  one part is placed in or attached to the poll record; and (c)  one part is retained by the deputy returning officer.  R.S.O. 1990, c. E.6, s. 59 (2). Certificate of Count
60 The deputy returning officer shall complete a prescribed certificate of the number of ballots cast for each candidate and of the number of rejected and unmarked ballots and shall provide a copy of the certificate for each candidate to the scrutineer present and in the case where no candidate or scrutineer is present the certificates shall be forwarded to the returning officer in the poll return envelope.  R.S.O. 1990, c. E.6, s. 60. Final Poll Procedure
61 The deputy returning officer and the poll clerk shall ensure that the poll record, polling list, ballot envelopes and all other documents collected or used at the polling place are placed in the poll return envelope and shall each take the prescribed oath or affirmation that their duties have been completed.  R.S.O. 1990, c. E.6, s. 61.
62 (1) The deputy returning officer shall then personally deliver the sealed poll return envelope along with the sealed official tabulation envelope to the returning officer or both envelopes shall be delivered by the poll clerk or by some other person chosen as special messenger by the returning officer or the deputy returning officer who shall write on the envelopes the name of the person to whom they were entrusted and shall take a receipt therefor.  R.S.O. 1990, c. E.6, s. 62 (1). Candidate or scrutineer may affix seal (2) Any candidate or scrutineer present may affix his or her seal or write his or her signature across the flap of the sealed poll return envelope or the sealed official tabulation envelope.  R.S.O. 1990, c. E.6, s. 62 (2). Registered mail (3) In lieu of proceedings under subsection (1), the deputy returning officer, with the approval of the returning officer, may seal the official tabulation envelope inside of the poll return envelope and forward it by registered mail to the returning officer.  R.S.O. 1990, c. E.6, s. 62 (3). Delivery to be forthwith (4) The poll clerk or other person authorized to personally deliver the envelopes to the returning officer shall do so forthwith and shall take before the returning officer the prescribed oath or affirmation and any candidate or scrutineer is entitled to be present when the envelopes are so delivered to the returning officer.  R.S.O. 1990, c. E.6, s. 62 (4). Receipt of Poll Return Envelope by Returning Officer
63 Immediately on the receipt of a poll return envelope, without effacing or covering any seals already affixed to it, the returning officer shall affix a seal prescribed by the Chief Electoral Officer in such a way that the envelope cannot be opened without the seal being broken and shall take every precaution for its safekeeping and for preventing any person other than himself or herself and the election clerk from having access to it.  R.S.O. 1990, c. E.6, s. 63; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 Statement of Number of Electors Entitled to Vote
64 Immediately following polling day, the Chief Electoral Officer shall determine the number of electors that were entitled to vote in each electoral district and, as soon as possible thereafter, shall furnish a certified statement thereof to each candidate in the electoral district.  R.S.O. 1990, c. E.6, s. 64; 1998, c. 9, s. 36; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 36 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 Official Tabulation
65 (1) The returning officer, at the place, day and hour stated in his or her notice of poll shall, in the presence of the election clerk and any candidate or candidate’s delegate or scrutineer present, conduct the official tabulation by adding up the votes given for each candidate as taken from the official statements of the poll contained in the special envelopes returned to the returning officer or from such other sources as may be available to him or her but without opening any of the sealed envelopes containing ballots.  R.S.O. 1990, c. E.6, s. 65 (1). Adjournment of official tabulation (2) The returning officer may adjourn the official tabulation proceedings to a future day and hour and so on from time to time but not in the aggregate to exceed fourteen days, (a)  if any of the poll return envelopes or official tabulation envelopes have not been returned by the day fixed for the official tabulation; (b)  if any deputy returning officer has not enclosed in the envelopes referred to in clause (a) the official statement of the ballots counted by him or her as required by this Act; or (c)  if for any cause the returning officer cannot ascertain the number of votes given for each candidate.  R.S.O. 1990, c. E.6, s. 65 (2).
66 If, on the fifteenth day after the day fixed for the official tabulation, (a)  any of the poll return envelopes are known to be lost or destroyed or for any reason have not been received; or (b)  any statements or certificates of the ballot count at any polling places are not available and copies of them cannot be procured, the returning officer shall ascertain, by such evidence or documents verified by declaration as he or she is able to obtain, the total number of votes given for each candidate at the several polling places and may summon any poll official, scrutineer or other person to appear before him or her, at a time and place to be named by him or her, with all necessary papers and documents and the returning officer shall notify the candidates of the intended proceedings and may examine any person so summoned respecting the matter in question.  R.S.O. 1990, c. E.6, s. 66; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
67 (1) At the close of the official tabulation, or hearings in the case of missing envelopes or statements, the returning officer shall forthwith declare to be elected the candidate having the largest number of votes.  R.S.O. 1990, c. E.6, s. 67 (1). Difference less than 25 (2) If the difference between the number of votes cast for the candidate with the largest number of votes and the candidate with the next largest number is less than 25, the returning officer shall apply for a recount under section 71.  1998, c. 9, s. 37. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 37 - 01/01/1999
67.1 (1) As soon as possible after polling day in a general election, the Chief Electoral Officer shall cause a survey of electors to be conducted, in order to examine, (a)  what barriers, if any, they encountered, (i)  in having their names added to the permanent register of electors or a polling list, (ii)  in attending at polling places, or (iii)  in casting their votes; and (b)  any other matter that the Chief Electoral Officer considers useful in order to improve the administration of elections.  2007, c. 15, s. 25. Report (2) The findings of the survey shall be included in the Chief Electoral Officer’s next annual report under section 114.3.  2007, c. 15, s. 25. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 25
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67.2 (1) After every election, the Chief Electoral Officer shall prepare a report that includes, (a)  a summary of, (i)  feedback received on the manner in which services are provided under this Act to persons with disabilities in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 and the regulations made under that Act, and (ii)  the response to the feedback, including any steps taken to respond to negative feedback; (b)  a summary of every report made under subsection 55.1 (1); (c)  in the case of a general election, the findings of the survey conducted under subsection 67.1 (1); (d)  a summary of measures taken at the election to address barriers to accessibility and other accessibility issues; and (e)  any recommendations with respect to barriers to accessibility and other accessibility issues that the Chief Electoral Officer considers appropriate.  2010, c. 7, s. 30. Same (2) The Chief Electoral Officer shall include the report described in subsection (1), (a)  in any report that the Chief Electoral Officer makes with respect to the election; or (b)  in the next annual report made under section 114.3.  2010, c. 7, s. 30. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 30
- 18/05/2010 Effect of Irregularities
68 No election shall be declared invalid, (a)  by reason of any irregularity on the part of the returning officer or in any of the proceedings preliminary to the poll; (b)  by reason of a failure to hold a poll at any place appointed for holding a poll; (c)  by reason of non-compliance with the provisions of this Act as to the taking of the poll, as to the counting of the ballots or as to limitations of time; or (d)  by reason of any mistake in the use of the prescribed forms, if it appears to the tribunal having cognizance of the matter that the election was conducted in accordance with the principles of this Act and that the irregularity, failure, non-compliance or mistake did not affect the outcome of the election.  R.S.O. 1990, c. E.6, s. 68. Recount
69 Notice in writing of an application to be made under subsection 71 (1) shall be given forthwith by the applicant personally or sent by registered mail to the Chief Electoral Officer, the returning officer and election clerk, and each candidate in the electoral district.  R.S.O. 1990, c. E.6, s. 69; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
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70 In sections 71 to 81, unless otherwise stated, “judge” means a judge of Ontario Court of Justice.  R.S.O. 1990, c. E.6, s. 70; 2005, c. 23, s. 4 (1). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (1)
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71 (1) For the purpose of determining the candidate who obtained the highest number of votes and within the four days, Sunday being excluded, following the official tabulation made by the returning officer, a judge may appoint a time and place to recount the votes cast at the election in the electoral district upon the application of a candidate or elector if it is made to appear by affidavit that, (a)  a deputy returning officer has improperly counted any ballot or improperly rejected any ballot or made an incorrect statement of the number of ballots cast for any candidate; (b)  the returning officer has improperly tabulated the votes; or (c)  subsection 67 (2) applies.  R.S.O. 1990, c. E.6, s. 71 (1); 1998, c. 9, s. 38 (1). Time for recount (1.1) The recount shall be held within 10 days after the judge’s hearing of the application.  1998, c. 9, s. 38 (2). Security for costs (2) An application under subsection (1) shall be accompanied by a receipt showing that there has been deposited with a clerk of the Ontario Court of Justice, as security for costs in connection with the recount, the sum of $200 or money order or cheque in that amount drawn upon and accepted by, (a)  a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada); (b)  a corporation registered under the Loan and Trust Corporations Act; (c)  a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020; or (d)  a retail association as defined under the Cooperative Credit Associations Act (Canada).  2007, c. 7, Sched. 7, s. 185; 2020, c. 36, Sched. 7, s. 307. Exception (3) Subsection (2) does not apply if the returning officer is the applicant.  1998, c. 9, s. 38 (2). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 38 (1, 2) - 01/01/1999 2005, c. 23, s. 4 (1)
- 13/06/2005 2007, c. 7, Sched. 7, s. 185 - 01/10/2009 2020, c. 36, Sched. 7, s. 307 - 01/03/2022
72 Where an application for a recount is refused by the judge, notice of such refusal shall be given forthwith by the clerk of the court to those persons mentioned in section 69.  R.S.O. 1990, c. E.6, s. 72.
73 (1) At least two days notice in writing of the time and place appointed for the recount by the judge shall be given forthwith by the clerk of the court to those persons mentioned in section 69 in such manner as the judge directs.  R.S.O. 1990, c. E.6, s. 73 (1). Presence of clerk (2) The judge may require the clerk to be present at the time and place appointed.  R.S.O. 1990, c. E.6, s. 73 (2). Who to be present at recount (3) The returning officer and the election clerk shall be present at the recount and each candidate is entitled to be present and to be represented by counsel and to have present and be represented by such scrutineers as are permitted by the judge, and except by such permission no other person shall be present.  R.S.O. 1990, c. E.6, s. 73 (3). Documents to be produced at recount (4) The returning officer and the election clerk shall attend at the recount with all the poll return envelopes received from the deputy returning officers and the original statements of the poll which shall continue in the custody of the returning officer who is responsible for them subject to any direction given by the judge.  R.S.O. 1990, c. E.6, s. 73 (4). Procedure (5) At the appointed time and place, the judge shall supervise the recount.  1998, c. 9, s. 39. Same (6) The recount may be made from the original statements of the poll or from the actual ballots, for which purpose the sealed envelopes referred to in section 58 may be opened.  1998, c. 9, s. 39. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 39 - 01/01/1999
74 The judge shall supervise the recount of the ballots according to the rules of the count at the close of the poll by the deputy returning officer, and shall verify or correct the statements of the poll.  R.S.O. 1990, c. E.6, s. 74; 1998, c. 9, s. 40. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 40 - 01/01/1999
74.1 A recount that is made from the actual ballots shall be conducted manually, even if the original count was done by vote counting equipment.  2010, c. 7, s. 31. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 31
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75 (1) On the request of any person, the judge shall write the poll number on the back of and initial any disputed ballots and seal them in a separate envelope.  R.S.O. 1990, c. E.6, s. 75 (1). Sealing up ballots at close of recount (2) Upon the completion of the recount, except as provided by subsection (1), the judge shall have sealed up all the ballots in their original envelopes and all the original statements in a separate envelope clearly marked as to its contents.  R.S.O. 1990, c. E.6, s. 75 (2).
76 (1) Where a poll return envelope used at a polling place was not available to the returning officer when he or she made his or her decision in respect of the number of votes given for a candidate or where the proper statement was not found in the official tabulation envelope, the judge shall, if necessary or required, review the decision of the returning officer.  R.S.O. 1990, c. E.6, s. 76 (1). Powers of judge (2) For the purpose of arriving at the facts, the judge has all the powers of the returning officer with regard to the attendance and examination of witnesses or the judge may act upon the evidence taken by the returning officer.  R.S.O. 1990, c. E.6, s. 76 (2).
77 (1) The judge shall certify in writing to the returning officer the result of the recount unless, during the two days following completion of the recount, Sunday being excluded, the judge receives a notice of appeal as provided in section 80.  R.S.O. 1990, c. E.6, s. 77 (1). Declaration of result (2) Upon receipt of the judge’s certificate, the returning officer shall then declare the candidate having the largest number of votes to be elected but in the case of an equality of votes, the returning officer shall give the casting vote.  R.S.O. 1990, c. E.6, s. 77 (2).
78 (1) The costs of the recount, including the costs of the returning officer and the election clerk, are in the discretion of the judge who may, subject to subsection (3), order by whom, to whom, and in what manner they shall be paid.  R.S.O. 1990, c. E.6, s. 78 (1). Assessing and allowing costs (2) The judge shall assess the costs and shall, as nearly as may be, follow the tariff of costs in respect of proceedings in the Superior Court of Justice.  R.S.O. 1990, c. E.6, s. 78 (2); 2005, c. 23, s. 4 (2). Where judge makes no provision re costs (3) Where the judge makes no provision as to costs, the costs of the returning officer and election clerk shall be paid by the Province of Ontario at the prescribed rates.  R.S.O. 1990, c. E.6, s. 78 (3). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2)
- 13/06/2005
79 Where costs are directed to be paid by the applicant, the money deposited as security for costs shall be paid out to the party entitled thereto, so far as necessary, and, if the deposit is insufficient, execution may issue out of the Ontario Court of Justice upon the judge’s order for the balance.  R.S.O. 1990, c. E.6, s. 79; 2005, c. 23, s. 4 (1). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (1)
- 13/06/2005 Appeal from Decision on Recount
81 (1) If a candidate has been declared elected by the returning officer as provided by section 28 or 30, or if the returning officer has received from a judge the certificate of the result of a recount or if by the seventh day following the completion of the official tabulation the returning officer, (a)  has not received notice to attend before a judge for a recount; or (b)  has received notice from a judge that a recount has been refused, the returning officer shall send by registered mail, the writ with his or her dated and signed return to the Chief Electoral Officer that a candidate has been elected by acclamation or that the candidate having the largest number of votes has been duly elected and shall forward a copy of the return to each candidate.  R.S.O. 1990, c. E.6, s. 81 (1); 2007, c. 15, s. 40 (1). Report by R.O. (2) The returning officer shall include with the return to the Chief Electoral Officer a report of the proceedings at the official tabulation making any observations he or she thinks proper as to the state of the poll return envelopes or the want of any statement of the ballots counted and the mode by which he or she ascertained the votes given for each candidate under section 66, if applicable.  R.S.O. 1990, c. E.6, s. 81 (2); 2007, c. 15, s. 40 (1). Declaration by R.O. (3) The returning officer shall forthwith make the prescribed affidavit after sending the return, and it shall be sent forthwith to the Chief Electoral Officer.  R.S.O. 1990, c. E.6, s. 81 (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
82 (1) If a returning officer wilfully delays, neglects or refuses, (a)  to add up the votes; (b)  to declare to be elected the candidate having the largest number of votes; (c)  to give the casting vote where he or she is by law required to do so; or (d)  to make the return, as required by this Act, of the candidate having the largest number of votes, and the person aggrieved or the Chief Electoral Officer or any elector applies under the Judicial Review Procedure Act for an order commanding the returning officer to perform the duty that is shown to have been not performed, the notice of application shall be served upon the returning officer and upon the persons who were candidates at the election.  R.S.O. 1990, c. E.6, s. 82 (1); 2007, c. 15, s. 40 (1). Application (2) In other respects the Courts of Justice Act, and the rules of court made thereunder apply to such application.  R.S.O. 1990, c. E.6, s. 82 (2). Other rights and remedies (3) Nothing in this section affects or impairs any other right or remedy of the person aggrieved or of the Chief Electoral Officer.  R.S.O. 1990, c. E.6, s. 82 (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
83 The Chief Electoral Officer, on receiving the return of a member elected to the Assembly, shall give notice of the receipt of the return in the next ordinary issue of The Ontario Gazette, the date of such receipt and the name of the candidate elected.  R.S.O. 1990, c. E.6, s. 83; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 Disposition of Election Documents and Material
84 (1) Forthwith after making his or her return, the returning officer shall arrange for shipment in the prescribed manner to the Chief Electoral Officer of all envelopes returned to the returning officer by the deputy returning officers, and all documents, papers, and materials in his or her possession relating to the conduct of the election.  R.S.O. 1990, c. E.6, s. 84 (1); 1998, c. 9, s. 41; 2007, c. 15, s. 40 (1). Endorsement thereon (2) The returning officer shall transmit all election material to the Chief Electoral Officer in boxes or packages marked “Used” or “Unused” and secured and sealed with the prescribed seals and the returning officer shall endorse on each box or package of used material a description of the contents, the date of the election and the name of the electoral district to which they relate.  R.S.O. 1990, c. E.6, s. 84 (2); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 41 - 01/01/1999 2007, c. 15, s. 40 (1)
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85 (1) The Chief Electoral Officer shall retain in his or her possession the used documents transmitted to him or her by the returning officer under section 84 for at least one year, and if the election is contested, then for one year after the termination of the contestation.  R.S.O. 1990, c. E.6, s. 85 (1); 2007, c. 15, s. 40 (1). When documents not to be destroyed (2) If notice is served on the Chief Electoral Officer under subsection 99 (5) or if an order is made directing that documents relating to an election are not to be destroyed, the Chief Electoral Officer shall affix to the outside of the box or covering containing such documents a label having thereon in large and distinct letters the words “NOT TO BE DESTROYED”.  R.S.O. 1990, c. E.6, s. 85 (2); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
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