jswizzle3737/ontario_laws_and_regs huggingface dataset:
17.7 (1) The Chief Electoral Officer shall establish and maintain a provisional register of persons who are 16 or 17 years of age, are Canadian citizens and who reside in Ontario. 2016, c. 33, s. 14. Registration (2) The Chief Electoral Officer shall include in the provisional register only those persons who have requested in writing or in another format acceptable to the Chief Electoral Officer, that they be included, and have provided proof of identity in accordance with section 4.2. 2016, c. 33, s. 14. Removal from register (3) The Chief Electoral Officer shall remove from the provisional register a person who has requested, in writing or in another format acceptable to the Chief Electoral Officer, that the person be removed, and has provided proof of identity in accordance with section 4.2. 2016, c. 33, s. 14. Must make request oneself (4) For greater certainty, a person may not make a request under subsection (2) or (3) on behalf of another person. 2016, c. 33, s. 14. Transfer to permanent register (5) When a person in the provisional register reaches 18 years of age, or when the Chief Electoral Officer is aware that the person will be 18 during the period that begins when a writ of election is issued and ends on polling day, the Chief Electoral Officer shall transfer the information about the person from the provisional register to the permanent register of electors. 2016, c. 33, s. 14. Other uses (6) The Chief Electoral Officer may use the information in the provisional register for the purposes of sections 114.1 (public education and information) and 114.2 (information packages for new electors). 2016, c. 33, s. 14. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3
- 13/06/2005 2016, c. 33, s. 14
- 01/07/2017 Representative Bodies of Electors 17.8 Repealed:  R.S.O. 1990, c. E.6, s. 17.12. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3
- 13/06/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 17.9 Repealed:  R.S.O. 1990, c. E.6, s. 17.12. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3
- 13/06/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 17.10 Repealed:  R.S.O. 1990, c. E.6, s. 17.12. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3
- 13/06/2005 17.11 Repealed:  R.S.O. 1990, c. E.6, s. 17.12. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3
- 13/06/2005 17.12 Spent:  2005, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2005, c. 23, s. 3
- 13/06/2005 17.13 Repealed: 2016, c. 33, s. 15. Section Amendments with date in force (d/m/y) 2005, c. 23, s. 3
- 13/06/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 33, s. 15
- 01/01/2017 Targeted Registration
19 (1) As soon as possible after a writ of election is issued, the Chief Electoral Officer shall, (a)  provide the returning officer with a copy of a list of electors, prepared from the permanent register of electors; and (b)  advise the returning officer of the date on which the permanent register was most recently updated.  1998, c. 9, s. 19; 2007, c. 15, s. 40 (1). Same (2) If subparagraph ii of paragraph 1 or paragraph 2 of subsection 17.1 (3) (updating for election) applies, the Chief Electoral Officer shall provide the returning officer with a copy of the resulting list of electors, prepared from the newly updated permanent register, as soon as possible.  1998, c. 9, s. 19; 2007, c. 15, s. 40 (1). Copy to registered parties (2.1) At the time of providing a list under subsection (1) or (2), the Chief Electoral Officer shall provide a copy of the list to each registered party. 2016, c. 33, s. 16 (1). Disposition of list (3) As soon as possible after receiving a copy of the list of electors under subsection (1) or (2), the returning officer shall arrange for, (a)  one copy of the list to be retained in the returning office and made available for public examination; (b)  one copy of the list to be furnished as soon as possible to the clerk of each municipality with territorial jurisdiction in the polling division; (c)  one electronic version of the list to be furnished to each candidate in the electoral district, and a printed copy to be furnished on the request of the candidate. 1998, c. 9, s. 19; 2016, c. 33, s. 16 (2). Duty of municipal clerk (4) A municipal clerk who receives a copy of the list under clause (3) (b) shall ensure that it is retained and made available for public examination in an office of the municipality.  1998, c. 9, s. 19. Printed or electronic format (5) A copy referred to in clause (3) (a) or (b) may be provided in printed or electronic format, at the Chief Electoral Officer’s option.  1998, c. 9, s. 19; 2007, c. 15, s. 40 (1). Number of electors (6) A list of electors provided under subsection (1) or (2) shall include a statement of the total number of names it contains.  1998, c. 9, s. 19. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 19 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 33, s. 16 (1, 2) - 01/07/2017 Complaint against Name on List
20 (1) On any day up to and including the fourteenth day before polling day an elector may file with the returning officer a complaint, on the prescribed form, that the name of a person who should not be included, has been included in the list of electors.  R.S.O. 1990, c. E.6, s. 20 (1). Signature of complainant (1.1) The complaint shall identify the complainant and bear his or her signature.  1998, c. 9, s. 20. Notice to person objected to (2) The returning officer, upon receipt of the complaint, shall send by registered mail to the person objected to at the address shown in the list and to such other address, if any, as may be mentioned in the complaint, a copy of the complaint along with a notice requiring such person or his or her representative to appear before the returning officer on a day to be named in the notice and a copy of the notice shall be given to the complainant.  R.S.O. 1990, c. E.6, s. 20 (2). Hearing of complaint (3) On the day named in the notice and in the presence of any of the persons concerned with the complaint, the returning officer may hear an explanation by the person who filed the complaint as to the facts alleged and what is alleged by the person or by the representative of the person against whom the complaint was made.  R.S.O. 1990, c. E.6, s. 20 (3). Decision (4) The returning officer shall make such decision concerning the complaint as is warranted under the circumstances and that decision shall be final.  R.S.O. 1990, c. E.6, s. 20 (4). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 20 - 01/01/1999 Revision
22 (1) Up to and including the day immediately preceding polling day, for the purpose of obtaining a certificate to vote, an elector whose name does not appear in the list of electors may apply in person to the returning officer or his or her assistant as set out in section 21 or have some other person apply on the elector’s behalf and by statutory declaration substantiate his or her identity and qualifications as an elector.  R.S.O. 1990, c. E.6, s. 22 (1). Identification (1.1) The elector or other person shall submit, together with the statutory declaration, proof of the elector’s identity and place of residence in accordance with section 4.2.  2007, c. 15, s. 14. For whom elector may act (2) An elector acting on behalf of another under subsection (1) or subsection 23 (1.1), 24 (1) or 24 (2.1) may do so for his or her child, grandchild, brother, sister, parent, grandparent or spouse but may act for only one additional person and a person who is not an elector may act for only one elector.  R.S.O. 1990, c. E.6, s. 22 (2); 1998, c. 9, s. 22; 1999, c. 6, s. 21 (3); 2005, c. 5, s. 22 (4); 2021, c. 4, Sched. 11, s. 8 (2). (3) Repealed: 1999, c. 6, s. 21 (4). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 22 - 01/01/1999; 1999, c. 6, s. 21 (3, 4) - 01/03/2000 2005, c. 5, s. 22 (4)
- 09/03/2005 2007, c. 15, s. 14
- 04/06/2007 2021, c. 4, Sched. 11, s. 8 (2) - 19/04/2021 Corrections
23 (1) The returning officer or his or her assistant, as set out in section 21, shall consider all applications for correction of mistakes in names or addresses in the list of electors and upon satisfactory evidence being furnished may make the necessary corrections.  R.S.O. 1990, c. E.6, s. 23 (1). Who may apply (1.1) An application referred to in subsection (1) may be made by the elector or by another person acting on the elector’s behalf.  1998, c. 9, s. 23. Mistake in name, etc. (2) A mistake in the name or the address of an elector shown in the polling list is not a ground for questioning the eligibility to vote of the elector, provided that at the time of voting the elector takes the prescribed oath or affirmation, if required to do so by the deputy returning officer.  R.S.O. 1990, c. E.6, s. 23 (2). Change to permanent register (3) The Chief Electoral Officer may update the permanent register to incorporate corrections made to the list of electors under this section.  2007, c. 15, s. 15. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 23 - 01/01/1999 2007, c. 15, s. 15
- 04/06/2007 Transfers
24 (1) Up to and including the day immediately preceding polling day, an elector whose name appears on a polling list for the pending election and who has moved may apply in person to the returning officer or his or her assistant as set out in section 21 or have some other person apply on the elector’s behalf to have the elector’s name included in the polling list for the polling division where he or she now resides.  R.S.O. 1990, c. E.6, s. 24 (1). Restricted mobility (1.1) Subsection (1) also applies, with necessary modifications, to an elector who could vote more conveniently in another polling division because his or her mobility is impaired by disability or by some other cause.  1998, c. 9, s. 24. Election officials (2) If an elector whose name appears on a polling list for the polling division where he or she resides has been appointed to act as a deputy returning officer, poll clerk or scrutineer at a polling place other than his or her own but in the same electoral district, an application may be made to the revising official for a certificate to vote at the other polling place.  2010, c. 7, s. 17. Who may apply (2.1) An application referred to in subsection (2) may be made by the elector or by another person acting on the elector’s behalf.  1998, c. 9, s. 24. Notice of transfers (3) The revising official whenever possible, shall advise the returning officer of the original electoral district, if applicable, or the deputy returning officer of the original polling place of any transfer made.  R.S.O. 1990, c. E.6, s. 24 (3). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 24 - 01/01/1999 2010, c. 7, s. 17
- 18/05/2010 Polling Lists
25 (1) The returning officer shall prepare the official polling list for each polling division by attaching to a copy of the original list of electors, a copy of any additional lists of electors prepared under his or her direction.  R.S.O. 1990, c. E.6, s. 25 (1). Copy to D.R.O.s (2) The returning officer shall certify and supply a copy of the official polling list to each deputy returning officer for use at the advance polls and on regular polling day.  R.S.O. 1990, c. E.6, s. 25 (2). Sharing of list (3) The returning officer shall provide a copy of the official polling list to each candidate in the electoral district in which the polling division is located, and the Chief Electoral Officer shall supply a copy of the official polling list to the registered party, if any, of the candidates. 2016, c. 33, s. 18. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 18
- 01/07/2017 Candidates
26 (1) Every person is qualified to be a candidate who, at the time of signing the consent to nomination, (a)  is of voting age; (b)  is a Canadian citizen; (c)  has resided in Ontario for the six months next preceding polling day; and (d)  is not disqualified by the Legislative Assembly Act or by any other Act.  R.S.O. 1990, c. E.6, s. 26 (1). Who may not be candidate (2) No person who has been engaged as a returning officer, election clerk, revising agent or revision assistant at the revision of any list of electors to be used at the election, is eligible as a candidate.  R.S.O. 1990, c. E.6, s. 26 (2); 2010, c. 7, s. 18. (3) Repealed: 1994, c. 27, s. 46 (1). Right of candidate to undertake duties of scrutineer (4) A candidate may undertake any of the duties that the candidate’s scrutineer might have undertaken if appointed, or may assist his or her scrutineer in the performance of such duties, and may be present at any place at which his or her scrutineer may attend in pursuance of this Act.  R.S.O. 1990, c. E.6, s. 26 (4). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 46 (1) - 09/12/1994 2010, c. 7, s. 18
- 18/05/2010 Close of Nominations Nominations
27 (1) A candidate may be nominated in one electoral district only. 2016, c. 33, s. 19. Candidate’s nomination paper (2) Each candidate shall be nominated by a separate nomination paper which shall include, (a)  the electoral district for which the prospective candidate is being nominated; (b)  the full legal name of the prospective candidate; (c)  the ordinary name of the prospective candidate, whether surname, given name or both, if this is different from the full legal name and the prospective candidate wishes to have his or her ordinary name on the ballot instead; (d)  the residential address of the prospective candidate; (e)  if applicable, the name of the registered party that the prospective candidate is nominated to represent; (f)  the names and residential addresses of at least 25 electors of the electoral district; (g)  a signed declaration of each of the electors mentioned in clause (f) (who may provide such a declaration for more than one prospective candidate) that he or she is qualified as an elector for the electoral district for which the election is being held; (h)  if applicable, an instrument in writing, signed by the leader of a party that is registered or has applied for registration with the Chief Electoral Officer under the Election Finances Act, that states that the prospective candidate is endorsed by the party; (i)  if the prospective candidate is nominated as an independent candidate and wishes to have that status indicated on the ballot, a statement requesting this; (j)  a signed statement of the prospective candidate that he or she is qualified to be nominated; (k)  in the case of a prospective candidate making a request under clause (c), a signed statement of the individual that the name requested to be used on the ballot is his or her ordinary name; (l)  the appointment of an individual as a chief financial officer and the signed consent of the individual to act, which shall be deemed to be sufficient compliance with subsection 33 (2) of the Election Finances Act; (m)  the names of all persons authorized by the prospective candidate to accept contributions in respect of their candidacy; (m.1)  the name and address of every financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the prospective candidate as the depositories for all contributions made to that person in respect of their candidacy; (m.2)  the names of the persons responsible for each depository referred to in clause (m.1); and (n)  a statement signed by the prospective candidate of an address at which documents will be accepted for delivery to or service on the candidate and a telephone number at which the individual can be contacted. 2016, c. 33, s. 19; 2021, c. 25, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 25 (1, 2) - 01/01/1999 2007, c. 15, s. 16, 40 (1)
- 04/06/2007 2010, c. 7, s. 19 (1, 2)
- 18/05/2010 2016, c. 33, s. 19
- 01/07/2017 2021, c. 25, Sched. 4, s. 1 - 03/06/2021
27.1 (1) In order to make a nomination under this section, the nomination paper required by section 27 must be received by the returning officer for the electoral district during the nomination period that begins when the writ of election is issued and ends at 2 p.m. of the day stated as the day of the close of nominations in the writ. 2016, c. 33, s. 19. When must be received (2) For the purposes of this section, nomination papers must be received at the office of the returning officer during its regular office hours and may be received at other times and places during the nomination period as allowed by the returning officer. 2016, c. 33, s. 19. Responsibility (3) The obligation to ensure that nomination papers are received in accordance with this section rests with the prospective candidate. 2016, c. 33, s. 19. Obligation to accept for filing (4) Once the required nomination paper has been received, the returning officer must accept the paper for filing unless the prospective candidate appears from the paper to be ineligible for nomination. 2016, c. 33, s. 19. Corrections (5) If a nomination paper is not accepted for filing because it is defective, it may be completed, corrected or substituted before the end of the nomination period. 2016, c. 33, s. 19. Certificate (6) When the required nomination paper is accepted for filing, the returning officer shall notify the Chief Electoral Officer, and shall issue the prospective candidate a certificate indicating that he or she is a candidate in the election. The certificate is final, and the validity of the nomination is not open to question upon any ground whatsoever. 2016, c. 33, s. 19. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 19
- 01/07/2017
27.2 (1) Nomination papers may be filed with the Chief Electoral Officer at any time up until the beginning of the nomination period under subsection 27.1 (1). 2016, c. 33, s. 19. Responsibility (2) The obligation to ensure that nomination papers are received in accordance with this section rests with the prospective candidate. 2016, c. 33, s. 19. Obligation to accept for filing (3) Once the required nomination paper has been received, the Chief Electoral Officer must accept the paper for filing unless the prospective candidate appears from the paper to be ineligible for nomination. 2016, c. 33, s. 19. Corrections (4) If a nomination paper is not accepted for filing because it is defective, it may be completed, corrected or substituted before the day on which the nomination period begins under section 27.1 (1). 2016, c. 33, s. 19. Certificate (5) When the nomination paper has been accepted for filing, the Chief Electoral Officer may issue a certificate to the prospective candidate, indicating that, (a)  he or she will be a candidate in the election; and (b)  that during the period before the date the writ of election is issued, he or she may be referred to as a pre-certified candidate, and after the writ of election is issued, as a candidate. 2021, c. 5, Sched. 1, s. 4. Expiry (5.1) A certificate under subsection (5) ceases to be valid if a writ of election is not issued within six months after the issuance of the certificate. 2021, c. 5, Sched. 1, s. 4. Certificate final (5.2) Subject to subsection (5.1), a certificate under subsection (5) is final, and the validity of the nomination is not open to question upon any ground whatsoever. 2021, c. 5, Sched. 1, s. 4. Copies to returning officer (6) Subject to subsection (7), as soon as possible after the end of the period for making nominations under this section, the Chief Electoral Officer shall deliver to the applicable returning officer a copy of, (a)  the certificate under subsection (5); and (b)  the nomination paper filed under this section. 2016, c. 33, s. 19. Withdrawal (7) Subsection (6) does not apply in relation to an individual whose nomination is withdrawn. 2016, c. 33, s. 19. Same (8) At any time before the prospective candidate receives a certificate, the nomination may be withdrawn by the prospective candidate by delivering to the Chief Electoral Officer a withdrawal signed by the prospective candidate. 2016, c. 33, s. 19. Disestablishment (9) If an electoral district is disestablished after a nomination paper is filed under this section in relation to the electoral district, the nomination is cancelled. 2016, c. 33, s. 19. New electoral district (10) If an enactment establishes a new electoral district but the enactment does not come into force until a future time, the Chief Electoral Officer may accept nomination papers under this section for the future electoral district. 2016, c. 33, s. 19. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 19
- 01/07/2017 2021, c. 5, Sched. 1, s. 4 - 19/04/2021
27.3 After nomination papers have been accepted for filing, they may be amended by the returning officer or the Chief Electoral Officer on the basis of information provided by the candidate in writing, but only in relation to matters of fact that have changed since the time of filing. 2016, c. 33, s. 19. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 19
- 01/07/2017
27.4 (1) Nomination papers filed under section 27.1 must be available for public inspection at the office of the returning officer during its regular office hours until they are sent to the Chief Electoral Officer under subsection (3). 2016, c. 33, s. 19. Public inspection, papers with CEO (2) Nomination papers filed under section 27.2 must be available for public inspection, (a)  at the office of the Chief Electoral Officer during its regular office hours until they are sent to the returning officer under subsection 27.2 (6); and (b)  at the office of the returning officer during its regular office hours from the time they are received from the Chief Electoral Officer until they are returned to the Chief Electoral Officer. 2016, c. 33, s. 19. Sending to CEO (3) The returning officer must send the nomination papers referred to in subsections (1) and (2) to the Chief Electoral Officer when returning the writ for the election. 2016, c. 33, s. 19. Inspection of papers sent to CEO (4) Despite section 86, nomination papers received by the Chief Electoral Officer under subsection (3) must be available for public inspection at the office of the Chief Electoral Officer during its regular office hours until one year after the return of the writ for the election. 2016, c. 33, s. 19. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 19
- 01/07/2017
27.5 Where the given names and surname requested to be shown on the ballot are identical or so nearly identical so as to create the possibility of confusion with the names requested to be shown on the ballot by another candidate whose nomination paper has already been filed, the returning officer or the Chief Electoral Officer shall immediately communicate the facts to the candidates and the Chief Electoral Officer shall consult with the candidates in question and resolve how each name is to be shown on the ballot, and the Chief Electoral Officer shall promptly advise the returning officer how the names are to be shown on the ballot. 2016, c. 33, s. 19. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 19
- 01/07/2017
28 If, at the close of nominations, only one candidate has filed a nomination paper, the returning officer shall close the election and declare such candidate to be duly elected and shall make his or her return to the Chief Electoral Officer as provided by section 81.  R.S.O. 1990, c. E.6, s. 28; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 28.1 Repealed: 2016, c. 33, s. 20. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 17
- 04/06/2007 2016, c. 33, s. 20
- 01/07/2017 Notice of Poll
29 (1) If more than one candidate is nominated, the returning officer shall grant a poll for taking the votes.  R.S.O. 1990, c. E.6, s. 29 (1). Notice of grant of polls (2) The returning officer shall cause the prescribed notice of poll to be printed and the notice shall be posted in conspicuous public places in the electoral district and at least one copy shall be posted at each polling place on the days of the advance poll and the general poll.  R.S.O. 1990, c. E.6, s. 29 (2). Withdrawal of Candidate
30 (1) A candidate may withdraw at any time between filing his or her nomination paper and polling day by delivering to the returning officer the prescribed notice of withdrawal signed by the candidate in the presence of a subscribing witness.  R.S.O. 1990, c. E.6, s. 30 (1). Idem (2) In the case of a candidate withdrawing after the close of nominations, (a)  if there remains but one candidate, the returning officer shall close the election and declare the remaining candidate to be duly elected and shall make his or her return to the Chief Electoral Officer as provided by section 81; or (b)  if there remains two or more candidates and only if the ballots have been printed, the returning officer, if possible, shall cause every deputy returning officer to be notified forthwith of the withdrawal, and notice of the withdrawal shall be posted in a conspicuous place in every polling place in the electoral district, and any ballots cast for such candidate who has so withdrawn are void and shall be considered as rejected ballots.  R.S.O. 1990, c. E.6, s. 30 (2); 2007, c. 15, s. 40 (1); 2010, c. 7, s. 20. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 2010, c. 7, s. 20
- 18/05/2010 Death of Candidate
31 (1) If a candidate dies after being nominated and before the close of the poll, the returning officer shall suspend the election and the Chief Electoral Officer shall fix new days for the nomination of candidates and for polling in that electoral district but any certified nominations may, at the option of the candidate nominated, remain valid.  R.S.O. 1990, c. E.6, s. 31 (1); 2007, c. 15, s. 40 (1). (2) Repealed:  2010, c. 7, s. 21. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 2010, c. 7, s. 21
- 18/05/2010 Scrutineers
32 (1) A candidate or a person designated in writing by the candidate, which designation is filed with the returning officer, may appoint any person at least sixteen years of age to be a scrutineer for the candidate and to be present at any place at which a scrutineer may attend under this Act.  R.S.O. 1990, c. E.6, s. 32 (1). When scrutineer may not challenge (2) A scrutineer who is not an elector may not challenge the right to vote of any elector at a polling place.  R.S.O. 1990, c. E.6, s. 32 (2). Same (2.1) For the purposes of subsection (2), it is sufficient that the scrutineer is entitled to vote in another electoral district or would be entitled to do so if an election were being held there.  2007, c. 15, s. 18. Number of scrutineers in polling place (3) Not more than one scrutineer for each candidate at any one time shall be permitted to remain in the polling place during the time the poll is open, and at the counting of the votes.  R.S.O. 1990, c. E.6, s. 32 (3). Non-attendance of scrutineers (4) Where expressions are used in this Act that require or authorize any act to be done in the presence of the scrutineers of the candidates, the non-attendance of any scrutineer does not invalidate the act.  R.S.O. 1990, c. E.6, s. 32 (4). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 18
- 04/06/2007 Ballot Paper
33 (1) The paper used for printing the ballots shall be as approved and ordered by the Chief Electoral Officer and shall be manufactured to contain a security feature so placed as to run through each ballot.  R.S.O. 1990, c. E.6, s. 33 (1); 1998, c. 9, s. 26 (1); 2007, c. 15, s. 40 (1). Declaration by manufacturer (2) The manufacturer of the paper shall make a declaration that none of the paper so manufactured will be supplied to any person other than the Chief Electoral Officer and upon delivery of the paper the Chief Electoral Officer shall cause the quantity received to be accounted for and a receipt issued to the manufacturer.  R.S.O. 1990, c. E.6, s. 33 (2); 1998, c. 9, s. 26 (2); 2007, c. 15, s. 40 (1). Custody of ballot paper (3) The ballot paper shall be kept under lock and key in the custody of the Chief Electoral Officer.  R.S.O. 1990, c. E.6, s. 33 (3); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 26 (1, 2) - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 Ballots
35 (1) The Chief Electoral Officer or the returning officer shall cause to be printed on the approved paper a sufficient number of ballots for the election in the electoral district.  R.S.O. 1990, c. E.6, s. 35 (1); 2007, c. 15, s. 40 (1). Printer’s name, etc. (2) The ballots shall bear upon the back the name of the electoral district, the date of polling and the name of the printer, and the printer shall provide to the returning officer the prescribed affidavit as to the quantity of ballot paper received and the disposition thereof including the total number of ballots printed and delivered to the returning officer.  R.S.O. 1990, c. E.6, s. 35 (2); 1998, c. 9, s. 27. Count of ballots and affidavit (3) The returning officer shall immediately make a count of the ballots received from the printer and shall take the prescribed affidavit and forward it to the Chief Electoral Officer along with the affidavit referred to in subsection (2).  R.S.O. 1990, c. E.6, s. 35 (3); 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 27 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007
36 (1) The returning officer shall supply each deputy returning officer before the polling day with a ballot box, a certified copy of the polling list, the materials provided by the Chief Electoral Officer necessary for the proper conduct of the poll and a sufficient number of ballots for the electors at the polling place.  R.S.O. 1990, c. E.6, s. 36 (1); 2007, c. 15, s. 40 (1). Record of quantity of ballots provided (2) The returning officer shall specify in writing to each deputy returning officer the quantity of ballots provided and record their serial numbers and the record shall be forwarded to the Chief Electoral Officer with the other documents required to be forwarded at the close of the election.  R.S.O. 1990, c. E.6, s. 36 (2); 2007, c. 15, s. 40 (1). Count of ballots by D.R.O. (3) The deputy returning officer shall count and verify the quantity of ballots received from the returning officer and at the close of the poll forward a statement of such count to the returning officer along with the other poll documents and election material to be so forwarded.  R.S.O. 1990, c. E.6, s. 36 (3). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 Ballot Boxes
37 (1) The Chief Electoral Officer shall supply each returning officer with as many ballot boxes as are required for the conduct of the election.  R.S.O. 1990, c. E.6, s. 37 (1); 2007, c. 15, s. 40 (1). How made (2) Every ballot box shall be so constructed and sealed that on polling day the ballots can be deposited therein but cannot be withdrawn without unlawfully unsealing the box or without evidence remaining of such tampering.  R.S.O. 1990, c. E.6, s. 37 (2). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 40 (1)
- 04/06/2007 Voting Screens
38 (1) The returning officer shall furnish each deputy returning officer with at least two voting screens.  R.S.O. 1990, c. E.6, s. 38 (1). Privacy when marking ballots (2) The deputy returning officer shall ensure that the voting screens at the polling place are positioned so that electors may mark their ballots with maximum privacy and without other persons being able to see how they are marked.  R.S.O. 1990, c. E.6, s. 38 (2). One elector only at a time (3) Except as provided by sections 14 and 55, not more than one elector shall be permitted to use a voting screen at any one time.  R.S.O. 1990, c. E.6, s. 38 (3). Poll Officials
39 (1) The returning officer shall appoint a deputy returning officer and a poll clerk for each polling place, as soon as possible after the writ has been issued.  2010, c. 7, s. 22. Rules (2) The following rules apply to the appointment of deputy returning officers and poll clerks: 1.  In the case of a general election, they shall be electors. 2.  In the case of a by-election, they shall be electors, or persons who would be electors if an election were being held in their electoral district. 3.  They shall not be candidates.  2010, c. 7, s. 22. (3) Repealed:  1998, c. 9, s. 28. Oath or affirmation (4) Deputy returning officers and poll clerks before acting shall take the prescribed oath or affirmation and their appointment shall be endorsed upon or attached to the poll record.  R.S.O. 1990, c. E.6, s. 39 (4). Duties of poll clerk (5) As directed by the deputy returning officer, the poll clerk shall assist the deputy returning officer in the performance of the duties of his or her office and shall obey his or her orders.  R.S.O. 1990, c. E.6, s. 39 (5). Forfeiture of right to payment (6) Deputy returning officers or poll clerks who neglect, omit or refuse to perform any of their duties under this Act may forfeit their right to payment for any service already rendered.  R.S.O. 1990, c. E.6, s. 39 (6). Death or absence of D.R.O. (7) In case of the death, illness, absence, refusal or neglect to act, or in case from any cause the deputy returning officer becomes unable to perform his or her duties, until another deputy returning officer is appointed, the poll clerk shall act as deputy returning officer and perform all the duties and is subject to all the obligations of that office, without taking a new oath or affirmation.  R.S.O. 1990, c. E.6, s. 39 (7). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 28 - 01/01/1999 2010, c. 7, s. 22
- 18/05/2010 Time of General Poll
40 (1) Except as provided by subsections (2), (3) and (4), the general polls at every election to the Assembly shall open at 9 a.m. and close at 9 p.m. of the same day.  2007, c. 15, s. 20. In Central Time Zone (2) In an electoral district that lies entirely west of the meridian of 90o W. longitude, the general polls shall open at 8 a.m. and close at 8 p.m. of the same day.  2007, c. 15, s. 20. C.E.O. may establish different hours (3) The Chief Electoral Officer may at his or her discretion establish any period of 12 consecutive hours on the general polling day for voting in all or part of an electoral district.  2007, c. 15, s. 20. Delay, interruption (4) If voting at a polling place does not begin at the proper time or is interrupted during the polling hours, the returning officer shall immediately advise the Chief Electoral Officer of the delay or interruption and of the reasons for it.  2007, c. 15, s. 20. Same (5) When subsection (4) applies, the Chief Electoral Officer has discretion to do one of the following, so as to ensure that the poll is open with free access to the electors for a total of 12 hours: 1.  Extend the closing time. 2.  Resume the polling at the usual time on the following day and continue it from day to day if necessary.  2007, c. 15, s. 20. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 20
- 04/06/2007 Preservation of the Peace
41 A returning officer or deputy returning officer may require the assistance of justices of the peace, police officers and other persons to aid in maintaining peace and order at the election and may appoint as many such other persons as he or she considers necessary.  R.S.O. 1990, c. E.6, s. 41. Secrecy of Proceedings
42 (1) In addition to any elector or electors in the process of voting, except as provided by sections 4, 7 and 14, subsection 45 (4) and section 55, the only persons permitted to remain in a polling place during the time the poll remains open and at the counting of the ballots are the deputy returning officer, the poll clerk, the candidates and not more than one scrutineer for each candidate at any one time.  R.S.O. 1990, c. E.6, s. 42 (1); 2009, c. 33, Sched. 3, s. 1. Oath or affirmation of secrecy (2) Every deputy returning officer, poll clerk, candidate or scrutineer authorized to attend at a polling place shall take an oath or affirmation of secrecy.  R.S.O. 1990, c. E.6, s. 42 (2). Interference with electors (3) No person shall attempt to obtain at a polling place information as to the candidate for whom an elector is about to vote or interfere or attempt to interfere with an elector in a polling place.  R.S.O. 1990, c. E.6, s. 42 (3). Communications devices (3.1) No person shall operate a communications device in a polling place unless he or she does so with the permission of the returning officer, obtained in advance.  1998, c. 9, s. 29. Elector not to display ballot (4) Subject to sections 14 and 55, an elector shall not display his or her ballot to any person so as to indicate how the elector has voted.  R.S.O. 1990, c. E.6, s. 42 (4). Inducing elector to display ballot (5) No person shall, directly or indirectly, induce or attempt to induce an elector to display his or her ballot to any person so as to indicate how the elector has voted.  R.S.O. 1990, c. E.6, s. 42 (5). Communicating information as to how elector is voting (6) No person shall communicate any information obtained at a polling place as to the candidate for whom an elector is about to vote or has voted or whether the elector declined to vote.  R.S.O. 1990, c. E.6, s. 42 (6). No person compellable to disclose vote (7) In any legal proceedings no person may be compelled to state for whom he or she voted or whether he or she marked his or her ballot or not.  R.S.O. 1990, c. E.6, s. 42 (7). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 29 - 01/01/1999 2009, c. 33, Sched. 3, s. 1 - 15/12/2009 Voting at One Place Only
43 If the name of a person entitled to vote is entered on the polling list for more than one polling division the person shall nevertheless vote only at one polling place.  R.S.O. 1990, c. E.6, s. 43. Advance Polls
44.2 (1) At an election, if the following conditions are satisfied, the Chief Electoral Officer may direct that an alternative voting method, which may be an electronic voting method, be used: 1.  The alternative voting method has been tested by being used at a by-election under section 4.1 and a report has been made to the Speaker of the Assembly under that section. 2.  The Chief Electoral Officer is satisfied that the alternative voting method protects the security and integrity of the election to a standard that is equivalent to the protection afforded by section 44.1. 3.  The Chief Electoral Officer has consulted, with registered parties, with electors and with experts on the subject of voting methods, about the alternative voting method, the test under section 4.1 and its results. 4.  The Chief Electoral Officer has recommended the use of the alternative voting method at the election. 5.  The Standing Committee on the Legislative Assembly or another standing or select committee of the Assembly has held public hearings into the Chief Electoral Officer’s recommendation and approved it without modification.  2010, c. 7, s. 25. Direction (2) The Chief Electoral Officer’s direction shall, (a)  describe the alternative voting method in detail; (b)  refer to the provisions of this Act that will not be complied with, and specify the nature and extent of non-compliance in each case; and (c)  identify the day or days on which the alternative voting method will be available in the election.  2010, c. 7, s. 25. Notice (3) The Chief Electoral Officer shall, (a)  provide copies of the direction to the leader of each registered party and to every candidate who has been nominated; and (b)  publish the direction on a website on the Internet.  2010, c. 7, s. 25. General election (4) At a general election, the alternative voting method shall be made available in every electoral district.  2010, c. 7, s. 25. Report (5) When an alternative voting method is used at an election in accordance with this section, the Chief Electoral Officer shall include a report on the matter, (a)  in any report that the Chief Electoral Officer makes with respect to that election; or (b)  in the next annual report made under section 114.3.  2010, c. 7, s. 25. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 25
- 01/01/2012 44.3 Repealed: 2016, c. 33, s. 24. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 26
- 18/05/2010 2016, c. 33, s. 24
- 01/07/2017
45 (1) Every person offering himself or herself as a voter at the polling place shall be required, before being allowed to vote, to take the prescribed declaration which shall be kept by the deputy returning officer with the other records of the poll.  R.S.O. 1990, c. E.6, s. 45 (1). List of electors who have voted (2) Forthwith after the close of the poll each day, the deputy returning officer shall provide to the returning officer a list of the names, addresses and polling division numbers of all electors who have voted or forfeited their right to vote and, before polling day, the returning officer shall give every candidate in the electoral district a copy of the list and the Chief Electoral Officer shall give the registered party, if any, of the candidate a copy of the list.  R.S.O. 1990, c. E.6, s. 45 (2); 2016, c. 33, s. 25. Noting other D.R.O. lists (3) The returning officer shall indicate in the polling list to be supplied to each deputy returning officer for polling day the name of each elector who at the advance poll has voted or forfeited his or her right to vote.  R.S.O. 1990, c. E.6, s. 45 (3). Candidates and scrutineers (4) Candidates or their scrutineers are not entitled to be present when votes are cast at an advance poll held in a returning office.  R.S.O. 1990, c. E.6, s. 45 (4); 2010, c. 7, s. 27. Counting of ballots (5) On the general polling day, the deputy returning officer and the poll clerk shall, at the hour fixed for the closing of the general poll, and in the presence of such of the candidates or their scrutineers as are present, proceed to count the ballots cast.  R.S.O. 1990, c. E.6, s. 45 (5). Application (6) Except as in this section otherwise provided, 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 under this section.  R.S.O. 1990, c. E.6, s. 45 (6). Vouching not to apply at advance poll (7) The vouching provisions of section 51 do not apply at an advance poll.  R.S.O. 1990, c. E.6, s. 45 (7). Section Amendments with date in force (d/m/y) 2010, c. 7, s. 27
- 18/05/2010 2016, c. 33, s. 25
- 01/07/2017 Special Ballots
45.1 The Chief Electoral Officer shall appoint, (a)  one or more special ballot officers for each electoral district, in consultation with the returning officer; and (b)  one or more special ballot officers for the office of 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
45.3 (1) Each day during the period that begins on the 28th day before polling day and ends at 6 p.m. on the last day before polling day, the special ballot officer in the returning office shall notify the returning officer of the names, addresses and polling division numbers of all electors whose applications to vote by special ballot are approved on that day.  2010, c. 7, s. 28. Applications to Chief Electoral Officer (2) On receiving notice under subparagraph 4 i of subsection 45.2 (6) that an elector is voting by special ballot, the returning officer shall record the elector’s name, address and polling division number.  2010, c. 7, s. 28. List of persons re special ballots (3) Upon the request of a candidate who has been nominated, the returning officer shall give the candidate a list of electors with respect to whom the returning officer has received a notice under subsection (1) or (2) up to the time the request is made, and on the request of a registered party the Chief Electoral Officer shall give the party a copy of the list. Before providing the list or copy, the returning officer or the Chief Electoral Officer, as the case may be, shall redact all mailing addresses. 2016, c. 33, s. 26. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011 2016, c. 33, s. 26
- 01/07/2017
45.4 (1) At an election, an elector may make a request for a home visit to the returning officer in the electoral district where the elector resides if, (a)  it would be impossible or unreasonably difficult for the elector to attend at a returning office; and (b)  the elector needs assistance with making an application to vote by special ballot, because of a disability or because of inability to read or write.  2010, c. 7, s. 28. Same (2) The returning officer shall verify that the elector, (a)  satisfies the conditions set out in clauses (1) (a) and (b); and (b)  resides in the electoral district.  2010, c. 7, s. 28. Same (3) When the verification is complete, the returning officer shall arrange for two special ballot officers to visit the elector and assist him or her with making the application and, on request, with voting.  2010, c. 7, s. 28. Place of visit (4) The elector is entitled to have the home visit at any place in the electoral district that he or she specifies.  2010, c. 7, s. 28. Application of s. 45.2 (4) (5) Subsection 45.2 (4) applies to the home visit, application and voting, with necessary modifications.  2010, c. 7, s. 28. Declaration on outer envelope (6) If the elector is unable to sign the declaration on the sealed outer envelope as mentioned in clause 45.8 (d), one of the special ballot officers shall make a note on the envelope indicating that the elector voted at a home visit.  2010, c. 7, s. 28. Elector to whom s. 15 (1.3) applies (7) An elector to whom subsection 15 (1.3) applies may make a request for a home visit to the returning officer in the electoral district where the elector is temporarily living, whether the elector wishes to vote in that electoral district or in the electoral district where his or her residence is located, and subsections (1) to (6) apply with necessary modifications.  2010, c. 7, s. 28. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011
45.5 Once an elector’s application to vote by special ballot has been approved, he or she may vote only 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
45.5.1 (1) This section sets out special rules for write-in ballots that are, (a)  given to electors under subparagraph 3 ii of subsection 45.2 (4); or (b)  included in special ballot kits as described in subsection 45.6 (1).  2011, c. 9, Sched. 11, s. 1. Same (2) Subsections 34 (2), (3) and (4) do not apply to write-in ballots.  2011, c. 9, Sched. 11, s. 1. Same (3) Subsection 34 (5) applies to write-in ballots, with necessary modifications.  2011, c. 9, Sched. 11, s. 1. Same (4) The requirement that ballots bear upon the back the name of the electoral district, set out in subsection 35 (2), does not apply to write-in ballots.  2011, c. 9, Sched. 11, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 11, s. 1 - 01/07/2011
45.6 (1) A special ballot kit shall contain, (a)  a write-in ballot; (b)  a copy of the list established under section 45.7, if it is available; (c)  a mailing envelope bearing the address, (i)  of a returning office in the elector’s electoral district, in the case of an application under subsection 45.2 (5), (ii)  of the Chief Electoral Officer, in the case of an application under subsection 45.2 (6); (d)  an outer envelope; and (e)  an inner envelope.  2010, c. 7, s. 28. Same (2) In the case of a general election, the special ballot kit shall contain only the part of the list that shows the candidates for the elector’s electoral district.  2010, c. 7, s. 28. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 28
- 01/07/2011