jswizzle3737/ontario_laws_and_regs huggingface dataset:
3 Section 33 of the Public Inquiries Act, 2009 applies to any investigation or examination under this Act or the Taxpayer Protection Act, 1999 by the Chief Electoral Officer.  2009, c. 33, Sched. 6, s. 55. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 52 - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (8) - 14/12/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2009, c. 33, Sched. 6, s. 55 - 01/06/2011 4 Repealed:  1998, c. 9, s. 52. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 52 - 01/01/1999 5 Repealed:  1998, c. 9, s. 52. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 52 - 01/01/1999
6 For the purposes of an investigation or examination under this Act or the Taxpayer Protection Act, 1999, a representative of the Chief Electoral Officer, on producing that person’s authorization to enter the premises (referred to in the authorization) in which the books, papers and documents of a political party, constituency association, nomination contestant, candidate or leadership contestant relevant to the subject-matter of the investigation or examination are kept, may at any reasonable time enter such premises and examine such books, papers and documents.  R.S.O. 1990, c. E.7, s. 6; 1998, c. 9, s. 53; 1999, c. 7, Sched. A, s. 23 (9); 2007, c. 15, s. 40 (1); 2016, c. 22, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 53 (1, 2) - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (9) - 14/12/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 3
- 01/01/2017
7 (1) If information with respect to the affairs of a party, constituency association, nomination contestant, candidate or leadership contestant that is registered under this Act is reasonably necessary for the performance of the Chief Electoral Officer’s duties under this Act, he or she may request the information and the registered entity or person shall provide it.  1998, c. 9, s. 54; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 4. Same (1.1) If information with respect to the affairs of a registered campaign organizer under the Taxpayer Protection Act, 1999 is reasonably necessary for the performance of the Chief Electoral Officer’s duties under that Act, he or she may request the information and the campaign organizer shall provide it.  1999, c. 7, Sched. A, s. 23 (10); 2007, c. 15, s. 40 (1). Same (2) The information shall be provided within 30 days after a written request is received, or within the longer period fixed by the Chief Electoral Officer.  1998, c. 9, s. 54; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 54 - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (10) - 14/12/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 4
- 01/01/2017
8 The accounts and financial transactions of the Chief Electoral Officer in relation to this Act and the Taxpayer Protection Act, 1999 shall be audited annually by the Auditor General.  1998, c. 9, s. 55; 1999, c. 7, Sched. A, s. 23 (11); 2004, c. 17, s. 32; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 55 - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (11) - 14/12/1999 2004, c. 17, s. 32
- 30/11/2004 2007, c. 15, s. 40 (1)
- 04/06/2007 9 Repealed:  1998, c. 9, s. 55. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 55 - 01/01/1999 Registration
13 (1) Repealed: 2016, c. 33, s. 35 (3). Idem (2) No person and no person, organization or entity acting on behalf of such person and, except as provided under subsections 10 (1) and 11 (1), no political party or association or organization thereof acting on behalf of such person, shall accept contributions for the candidacy of such person at an election or for an election campaign of such person unless such person is a candidate registered under this Act.  R.S.O. 1990, c. E.7, s. 13 (2); 2016, c. 22, s. 8. Registration (3) The Chief Electoral Officer shall, for each election, maintain a register of persons in respect of whom a certificate has been issued under section 27.1 or 27.2 of the Election Act, and for the purposes of this Act, (a)  a prospective candidate who has submitted a nomination paper under one of those sections is deemed to have filed an application for registration as a candidate with the Chief Electoral Officer; and (b)  a person is deemed to have been registered as a candidate on and from the day such a certificate has been issued, or in the case of a pre-certified candidate, upon the issuance of the writ. 2021, c. 5, Sched. 2, s. 5. Information (4) As part of maintaining the register under subsection (3), the Chief Electoral Officer shall maintain the following information for person: 1.  The full name of the person. 2.  The address of the place or places in Ontario where records of the person’s candidacy are maintained and of the place in Ontario to which communications may be addressed. 3.  The names of the principal officers, including the chief financial officer and auditor, of the person in respect of their candidacy. 4.  The names of all persons authorized by the person to accept contributions in respect of their candidacy. 5.  The name and address of every financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the person as the depositories for all contributions made to that person in respect of their candidacy. 6.  The names of the persons responsible for each depository referred to in paragraph 5. 2021, c. 5, Sched. 2, s. 5. (5)-(7) Repealed: 2016, c. 33, s. 35 (4). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 79 - 01/01/1999 2007, c. 7, Sched. 7, s. 186 (4) - 01/10/2009; 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 8
- 01/01/2017; 2016, c. 33, s. 35 (3, 4)
- 01/07/2017 2021, c. 5, Sched. 2, s. 5 - 19/04/2021
15 (1) All documents filed with the Chief Electoral Officer are public records and may be inspected by any person upon request at the offices of the Chief Electoral Officer during normal office hours.  R.S.O. 1990, c. E.7, s. 15 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1). Extracts (2) Any person may take extracts from the documents referred to in subsection (1) and is entitled to copies thereof upon payment for the preparation of the copies at such rate as the Chief Electoral Officer may determine.  R.S.O. 1990, c. E.7, s. 15 (2); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1). Not to be used for commercial solicitation (3) No person, corporation or trade union shall use any of the information contained in any document filed with the Chief Electoral Officer for purposes of commercial solicitation.  R.S.O. 1990, c. E.7, s. 15 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1) - 04/06/2007 Contributions Contributions
16 (1) Contributions to parties, constituency associations, nomination contestants, candidates and leadership contestants registered under this Act may be made only by persons individually. 2016, c. 22, s. 10 (1). Contributions over $25 (2) Money contributed to political parties, constituency associations, nomination contestants, candidates or leadership contestants registered under this Act in amounts in excess of $25, (a)  shall not be contributed in the form of cash; and (b)  shall be contributed, (i)  in a manner that associates the contributor’s name and account with the payment, or (ii)  by a money order signed by the contributor.  2010, c. 7, s. 39 (1); 2016, c. 22, s. 10 (2). Depositing of contributions (3) All money accepted by or on behalf of a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall be paid into the appropriate depository on record with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 16 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 10 (3). Certain contributions by estates (4) An estate may make contributions to parties and constituency associations, and for the purposes of those contributions, a person and his or her estate are deemed to be one person.  2010, c. 7, s. 39 (2). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 60 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2010, c. 7, s. 39 (1, 2)
- 18/05/2010 2016, c. 22, s. 10 (1-3)
- 01/01/2017
19 (1) No person shall contribute to any political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act, (a)  funds that do not actually belong to the person; or (b)  any funds that have been given or furnished by any person or group of persons or by a corporation or trade union for the purpose of making a contribution. 2016, c. 22, s. 13 (1). Prohibition to accept contributions contrary to subs. (1) (2) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act, and no person on its, his or her behalf shall solicit or knowingly accept any contribution contrary to subsection (1).  R.S.O. 1990, c. E.7, s. 19 (2); 2016, c. 22, s. 13 (2). (3) Repealed: 2018, c. 17, Sched. 13, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 22, s. 13 (1-3)
- 01/01/2017 2018, c. 17, Sched. 13, s. 2 - 01/01/2019
20 No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall accept funds from a federal political party registered under the Canada Elections Act except that during a campaign period a registered party may accept from such a federal political party an amount not exceeding, in the aggregate, $100 for each registered candidate endorsed by that registered party and such funds shall be considered not to be contributions for the purposes of this Act but shall be recorded as to source and deposited in the appropriate depository on record with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 20; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 14. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 14
- 01/01/2017
21 (1) The value of goods and services, other than those that are not contributions by reason of the definition of “contribution” in subsection 1 (1), provided to a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall be, (a)  where the contributor is in the business of supplying such goods or services, the lowest amount charged by the contributor for an equivalent amount of similar goods and services at or about the time and in the market area in which the goods or services are provided; and (b)  where the contributor is not in the business of supplying such goods or services, the lowest amount charged, at or about the time the goods or services are provided, by any other person or corporation providing similar goods on a commercial retail basis or similar services on a commercial basis in the market area in which the goods or services are provided.  R.S.O. 1990, c. E.7, s. 21 (1); 2016, c. 22, s. 15 (1). Amounts of $100 or less may be considered not a contribution (2) The provision of goods or services to a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act in any year, having a value, in the aggregate, of $100 or less may, at the option of the person providing the goods or services, be considered not to be a contribution for the purposes of this Act. 2016, c. 22, s. 15 (2). Where goods or services provided for price less than value determined under subs. (1) (3) Where goods or services are provided to a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act for a price that is less than the value of the goods or services as determined under subsection (1), the amount that the price is less than such value shall, subject to subsection (2), be a contribution for the purposes of this Act.  R.S.O. 1990, c. E.7, s. 21 (3); 2016, c. 22, s. 15 (3). Section Amendments with date in force (d/m/y) 2016, c. 22, s. 15 (1-3)
- 01/01/2017
22.1 (1) Coordination, as referred to in clause 22 (1) (b), is deemed to have occurred if a registered political party, registered candidate, registered constituency association, registered nomination contestant or registered leadership contestant, or any of their agents, employees or independent contractors, (a)  requested or suggested that the advertisement be created, produced or distributed, or assented to its creation, production or distribution; (b)  was materially involved in decisions regarding the content, audience, dissemination, or distribution of the advertisement; (c)  engaged in substantial discussions regarding the advertisement with the person, organization or entity responsible for the advertisement or its agents, employees or independent contractors that were material to the creation, production, or distribution of the advertisement; or (d)  conveyed information about the plans or needs of a registered political party, registered candidate, registered nomination contestant or registered leadership contestant for the purpose of contributing materially to the creation, production or distribution of the advertisement. 2016, c. 22, s. 17. No formal agreement necessary (2) For greater certainty, coordination can occur even in the absence of a formal agreement. 2016, c. 22, s. 17. Activities not constituting coordination (3) The following activities do not, on their own, constitute coordination: 1.  Endorsement of a registered political party, registered candidate, registered nomination contestant or registered leadership contestant, or the communication directly, in any form, of such an endorsement by a person, group, corporation or trade union to their members, employees or shareholders, as the case may be. 2.  Inquiries as to the position of a registered political party, registered candidate, registered constituency association, registered nomination contestant or registered leadership contestant on legislation or a policy matter. 3.  The exchange of, or reliance upon, publicly available information. 4.  Mutual attendance at a public event or an invitation to attend a public event. 5.  The use of a common vendor. 6.  The conveyance of information that is not material to the creation, production or distribution of the advertisement. 2016, c. 22, s. 17. Section Amendments with date in force (d/m/y) 2016, c. 22, s. 17
- 01/01/2017
23 (1) In this section, “fund-raising event” means an event held for the purpose of raising funds for the party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act by whom or on whose behalf the event is held, and where a charge by the sale of tickets or otherwise is made for attendance. 2016, c. 22, s. 18. Income to be reported (2) The gross income from any fund-raising event shall be recorded and reported to the Chief Electoral Officer by the chief financial officer of the party, constituency association, candidate or leadership contestant registered under this Act that held the event or on whose behalf the event was held. 2016, c. 22, s. 18; 2021, c. 5, Sched. 2, s. 8 (1). Where charge may be considered not a contribution (2.1) Where a charge by the sale of tickets or otherwise is made for a fund-raising event, all or any portion of such charge, up to a maximum of $30, may, at the option of the party, constituency association, nomination contestant, candidate or leadership contestant by whom or on whose behalf the activity was held, be considered not to be a contribution for the purposes of this Act. 2021, c. 5, Sched. 2, s. 8 (2). Where amounts to be considered contribution (3) Any amount paid for goods or services, other than advertising services, offered for sale at a fund-raising event in excess of the highest amount charged, at or about the time the goods or services are provided, by any other person providing similar goods on a commercial retail basis or similar services on a commercial basis in the market area in which the goods or services are provided, shall be considered to be a contribution for the purposes of this Act. 2016, c. 22, s. 18. Same, advertising (4) Any amount paid for advertising services offered for sale in connection with a fund-raising event shall be considered to be a contribution for the purposes of this Act. 2016, c. 22, s. 18. Information re fund-raising events (5) Every registered party to which section 25.1 applies shall post on its website the following information respecting every fund-raising event to be held by or on behalf of the party, its constituency associations and candidates: 1.  The date of the fund-raising event. 2.  The location of the fund-raising event. 3.  The amount of the charge for attending the fund-raising event. 4.  The identity of the recipient or recipients of the funds to be raised at the fund-raising event. 2016, c. 22, s. 18. Timing (6) The registered party shall post the information described in subsection (5) at least three days before the date of the fund-raising event. 2021, c. 5, Sched. 2, s. 8 (3). (7) Repealed: 2018, c. 17, Sched. 13, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 63 (1-5) - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 18
- 01/01/2017 2018, c. 17, Sched. 13, s. 3 - 01/01/2019 2021, c. 5, Sched. 2, s. 8 (1-3) - 19/04/2021 23.1 Repealed: 2018, c. 17, Sched. 13, s. 4. Section Amendments with date in force (d/m/y) 2016, c. 22, s. 18
- 01/01/2017 2017, c. 18, s. 4 (6-8)
- 25/10/2017 2018, c. 17, Sched. 13, s. 4 - 01/01/2019
24 Where at a meeting held on behalf of or in relation to the affairs of a candidate, political party or constituency association registered under this Act money is given in response to a general collection of money solicited from the persons in attendance at the meeting, no amount shall be given anonymously by any person in excess of $10 and the amounts so given shall be considered not to be contributions for the purposes of this Act but the gross amount collected shall be recorded and reported to the Chief Electoral Officer by the chief financial officer of the candidate, political party or association, as the case may be.  R.S.O. 1990, c. E.7, s. 24; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 19; 2021, c. 5, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 19
- 01/01/2017 2021, c. 5, Sched. 2, s. 9 - 19/04/2021
25 (1) Every political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall issue or cause to be issued receipts as required by the Chief Electoral Officer for every contribution accepted.  R.S.O. 1990, c. E.7, s. 25; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 20 (1). Return of forms (2) A registered party or constituency association to which and a registered nomination contestant, candidate or leadership contestant to whom the Chief Electoral Officer has issued official receipt forms shall return them, whether used or unused, to the Chief Electoral Officer immediately on receiving a written request to do so.  1998, c. 9, s. 64; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 20 (2). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 64 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 20 (1, 2) - 01/01/2017
25.1 (1) Each registered party shall maintain an electronic database that, (a)  allows the chief financial officers of the party and of its registered constituency associations, registered candidates and registered leadership contestants to record all contributions received; and (b)  allows the chief financial officer of the party to issue receipts generated from the electronic database.  2010, c. 7, s. 41; 2016, c. 22, s. 21 (1). Recording of contributions (2) The chief financial officer of a registered party is responsible for ensuring that all contributions received by the party are recorded in the party’s electronic database.  2010, c. 7, s. 41. Same (3) The chief financial officer of a registered constituency association is responsible for ensuring that all contributions received by the association are recorded in the party’s electronic database.  2010, c. 7, s. 41. Same (4) The chief financial officer of a registered candidate who is not an independent candidate is responsible for ensuring that all contributions received by the candidate are recorded in the party’s electronic database.  2010, c. 7, s. 41. Same (4.1) The chief financial officer of a registered leadership contestant is responsible for ensuring that all contributions received by the contestant are recorded in the party’s electronic database. 2016, c. 22, s. 21 (2). Issuing of receipts (5) The chief financial officer of a registered party is responsible for ensuring that receipts generated from the electronic database, whether in paper form or electronic form, are issued for all contributions received by the party and by its registered constituency associations and registered candidates.  2010, c. 7, s. 41. Same (6) The chief financial officers of registered constituency associations, registered candidates and registered leadership contestants shall not issue receipts for contributions, and subsection 25 (1) and clause 33 (4) (c) do not apply to them. 2016, c. 22, s. 21 (3). Cancellation of receipts (7) The chief financial officer of a registered party shall, immediately on receiving the Chief Electoral Officer’s request to do so, cease issuing receipts for contributions.  2010, c. 7, s. 41. (8) Repealed: 2016, c. 22, s. 21 (4). Section Amendments with date in force (d/m/y) 2010, c. 7, s. 41
- 18/05/2010 2016, c. 22, s. 21 (1-4)
- 01/01/2017 Role of Chief Electoral Officer
25.2 (1) The Chief Electoral Officer shall provide such guidelines as he or she considers necessary for electronic databases that are maintained for the purposes of section 25.1.  2010, c. 7, s. 41. Same (2) Without limiting the generality of subsection (1), the guidelines shall deal with ensuring that, (a)  the information in the electronic database is accurate; (b)  the chief financial officer of the registered party has the ability to verify the information in the electronic database; and (c)  the information in the electronic database is capable of being audited.  2010, c. 7, s. 41. Publication (3) The Chief Electoral Officer shall publish the guidelines in The Ontario Gazette and on a website on the Internet.  2010, c. 7, s. 41. Timing (4) The Chief Electoral Officer shall publish the first guidelines under subsection (3) on or before January 1, 2011.  2010, c. 7, s. 41. Assessment (5) The Chief Electoral Officer shall assess each electronic database that is maintained for the purposes of section 25.1 and, if satisfied that the electronic database complies with the guidelines and with this Act, shall approve it.  2010, c. 7, s. 41. Approval (6) The chief financial officer of a registered party shall ensure that, (a)  the party’s electronic database receives the Chief Electoral Officer’s approval before being launched; and (b)  any material changes to the party’s electronic database receive the Chief Electoral Officer’s approval before being launched.  2010, c. 7, s. 41. Compliance (7) The Chief Electoral Officer shall advise and work with the chief financial officers of registered parties to promote compliance with section 25.1 and with subsection (6) of this section.  2010, c. 7, s. 41. Principles (8) In ensuring compliance in accordance with subsection (7), the Chief Electoral Officer shall be guided by the principles that real time disclosure of information permits record merging when appropriate evidence is submitted, and that merged records shall not be considered to be a new contribution or subject to prosecution for late submission. 2021, c. 5, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 41
- 18/05/2010 2021, c. 5, Sched. 2, s. 10 - 19/04/2021
25.4 (1) Subsections (2) and (3) apply to a registered political party that has not, in the 2007 general election or in any subsequent general election, had official candidates in 50 per cent or more of Ontario’s electoral districts.  2010, c. 7, s. 41. Same (2) Section 25.1 does not apply in respect of the party unless the party’s chief financial officer opts for compliance under section 25.3 or under subsection (3) of this section.  2010, c. 7, s. 41. Opting in on and after June 1, 2012 (3) The chief financial officer of the party may, at any time from June 1, 2012 onwards, opt for compliance by giving the Chief Electoral Officer written notice that the party will comply with section 25.1.  2010, c. 7, s. 41. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 41
- 18/05/2010
25.5 On and after the first anniversary of polling day in any general election in which a registered political party has official candidates in 50 per cent or more of Ontario’s electoral districts for the first time, (a)  section 25.4 no longer applies to the party; and (b)  section 25.1 applies to the party.  2010, c. 7, s. 41. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 41
- 18/05/2010
26 (1) No contribution to a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall be made through any trade union, unincorporated association or organization, except an affiliated political organization in accordance with subsection (3). 2016, c. 22, s. 22. (1.1) Repealed: 2016, c. 22, s. 22. Same (2) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall accept a contribution made in contravention of subsection (1). 2016, c. 22, s. 22. Contribution by affiliated political organization (3) An affiliated political organization may make a contribution to, (a)  the political party with which it is affiliated; (b)  a constituency association with which it is affiliated; and (c)  a candidate endorsed as an official candidate by an entity referred to in clause (a) or (b).  1998, c. 9, s. 65 (2). Restriction, contributions to affiliated political organizations (3.1) No affiliated political organization shall accept a contribution from any person or entity other than, (a)  a political party; or (b)  a constituency association.  1998, c. 9, s. 65 (2). Same (3.2) No person or entity other than a political party or a constituency association shall make a contribution to an affiliated political organization.  1998, c. 9, s. 65 (2). Definition (4) For the purposes of this section, “affiliated political organization” means any political organization that is affiliated with and endorsed by a political party or one or more constituency associations registered under this Act.  R.S.O. 1990, c. E.7, s. 26 (4). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 65 (1, 2) - 01/01/1999 2016, c. 22, s. 22
- 01/01/2017
27 (1) A registered party and any of its constituency associations or official candidates registered under this Act may transfer or accept funds, goods and services to or from each other and all such funds, goods, other than goods held in inventory for any candidate for use during a campaign period, and services accepted by such political party, constituency association or candidate shall be considered not to be contributions or campaign expenses for the purposes of this Act but shall be recorded as to source and any funds accepted shall be deposited in the appropriate depository on record with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 27; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1). Same, independent candidates (2) The registered constituency association of a registered candidate who is an independent candidate and that candidate may transfer or accept funds, goods and services to or from each other and all such funds, goods, other than goods held in inventory for the candidate for use during a campaign period, and services accepted by the constituency association or candidate, shall be considered not to be contributions or campaign expenses for the purposes of this Act but shall be recorded as to source and any funds accepted shall be deposited in the appropriate depository on record with the Chief Electoral Officer. 2021, c. 5, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2021, c. 5, Sched. 2, s. 11 - 19/04/2021
28 No political party, constituency association, nomination contestant, leadership contestant or candidate registered under this Act and no person on their behalf shall knowingly accept any contributions in excess of the limits imposed by this Act. 2016, c. 22, s. 23. Section Amendments with date in force (d/m/y) 2016, c. 22, s. 23
- 01/01/2017 Prohibited contributions and transfers
29 (1) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall directly or indirectly knowingly accept contributions from any corporation or trade union. 2016, c. 22, s. 24. No contribution from outside Ontario (1.1) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall directly or indirectly knowingly accept contributions from any person normally resident outside Ontario. 2016, c. 22, s. 24. No transfer to unregistered entities (1.2) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall directly or indirectly contribute or transfer funds to any political party, constituency association, nomination contestant, candidate or leadership contestant not registered under this Act, including a federal political party registered under the Canada Elections Act, any federal constituency association or candidate at a federal election endorsed by such federal political party, any federal nomination contestant or leadership contestant and any candidate at a municipal election under the Municipal Elections Act, 1996, except that during an election period as defined in the Canada Elections Act a registered party may transfer to a federal political party registered under the
Canada Elections Act an amount not exceeding, in the aggregate, $100 for each candidate at a federal election in a federal electoral district in Ontario who is endorsed as a candidate by that federal political party. 2016, c. 22, s. 24. No transfer of funds from constituency association to leadership contestant (2) No constituency association registered under this Act shall directly or indirectly contribute or transfer funds to any leadership contestant registered under this Act.  R.S.O. 1990, c. E.7, s. 29 (2). Section Amendments with date in force (d/m/y) 2016, c. 22, s. 24
- 01/01/2017
30 An annual membership fee paid for membership in a political party or in a constituency association of such party or in both may be considered not to be a contribution for the purposes of this Act provided such fee or, where a fee is paid to the party and to a constituency association of that party, the total of such fees does not exceed $25 and the political party and constituency association maintain a membership list indicating the amount of such fee or fees paid by each member that is allocated to the political party or constituency association, as the case may be.  R.S.O. 1990, c. E.7, s. 30. 31 Repealed: 2016, c. 22, s. 25. Section Amendments with date in force (d/m/y) 2016, c. 22, s. 25
- 01/01/2017
32 No contribution shall be accepted by a registered nomination contestant, registered candidate or registered leadership contestant otherwise than through his or her chief financial officer or other person on record with the Chief Electoral Officer as authorized to accept contributions.  R.S.O. 1990, c. E.7, s. 32; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 26, 58. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 26
- 01/01/2017
33 (1) Every political party and constituency association that is applying for registration under this Act, before filing its application with the Chief Electoral Officer, shall appoint a chief financial officer.  R.S.O. 1990, c. E.7, s. 33 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1). of candidate or leadership contestant (2) Every nomination contestant, every candidate and every leadership contestant who is applying for registration under this Act, before filing his or her application with the Chief Electoral Officer, shall appoint a chief financial officer.  R.S.O. 1990, c. E.7, s. 33 (2); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 28 (1). Appointment of new chief financial officer (3) Where the chief financial officer of a political party, constituency association, nomination contestant, candidate or leadership contestant, ceases for any reason to hold office as such, the political party, constituency association, candidate or leadership contestant, as the case may be, shall forthwith appoint another chief financial officer and shall immediately give notice in writing to the Chief Electoral Officer of the name of the new chief financial officer.  R.S.O. 1990, c. E.7, s. 33 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 28 (2). Responsibilities (4) The chief financial officer of a political party, constituency association, nomination contestant, candidate and leadership contestant registered under this Act in relation to the affairs of the party, constituency association, candidate or leadership contestant who appointed him or her shall be responsible for ensuring that, (a)  proper records are kept of all amounts received and all expenditures; (b)  contributions are placed in the appropriate depository; (c)  proper receipts are completed and dealt with in accordance with this Act; (d)  the financial statements as required by sections 41 and 42 together with the auditor’s report thereon are filed with the Chief Electoral Officer in accordance with this Act; and (e)  contributions consisting of goods or services are valued and recorded in accordance with this Act.  R.S.O. 1990, c. E.7, s. 33 (4); 1998, c. 9, ss. 66, 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 28 (3). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 66 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 28 (1-3)
- 01/01/2017 Recording of contributions
34 (1) Subsection (2) applies in respect of a single contribution in excess of $100 and contributions from a single source that in the aggregate exceed $200.  1998, c. 9, s. 67; 2021, c. 5, Sched. 2, s. 13. Recording of contributions (2) A contribution shall be recorded if it is accepted, (a)  on behalf of a registered political party, registered constituency association or registered nomination contestant, in any year; (b)  on behalf of a registered candidate, in a campaign period; or (c)  on behalf of a registered leadership contestant, in the leadership contest period or in any period during which the contestant is required to be registered by virtue of subsection 14 (2.1). 2016, c. 22, s. 29. (3) Repealed: 2016, c. 22, s. 29. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 67 - 01/01/1999 2016, c. 22, s. 29
- 01/01/2017 2021, c. 5, Sched. 2, s. 13 - 19/04/2021 Disclosure of contributions
34.1 (1) Subsection (2) applies in respect of a single contribution in excess of $100 and contributions from a single source that in the aggregate exceed $200.  2005, c. 35, s. 2 (4); 2021, c. 5, Sched. 2, s. 14 (1). Disclosure (2) A contribution shall be disclosed in accordance with subsection (3) if it is accepted, (a)  on behalf of a registered political party, in any year; or (b)  on behalf of a registered leadership contestant, in the leadership contest period.  2005, c. 35, s. 2 (4); 2016, c. 22, s. 30 (1), 58. Report to Chief Electoral Officer (3) Within 15 days after the contribution is deposited in accordance with subsection 16 (3), the chief financial officer of the political party or leadership contestant shall file with the Chief Electoral Officer a report about the contribution.  2005, c. 35, s. 2 (4); 2007, c. 15, s. 40 (1); 2021, c. 5, Sched. 2, s. 14 (2). Publication on website (4) Within two days after the report is filed, the Chief Electoral Officer shall ensure that the report or the information it contains is published on a website on the Internet in accordance with clause 2 (1) (j.2).  2005, c. 35, s. 2 (4); 2007, c. 15, s. 40 (1); 2016, c. 22, s. 30 (2). Counting days (5) For the purposes of subsections (3) and (4), Saturdays, Sundays and days that are public holidays as defined in the Employment Standards Act, 2000 shall not be counted.  2005, c. 35, s. 2 (4). (6) Repealed: 2016, c. 22, s. 30 (3). Contributions deposited on and after January 1, 2004 included (7) This section applies to contributions that are deposited in accordance with subsection 16 (3) on or after January 1, 2004.  2005, c. 35, s. 2 (4). Transition (8) In the case of a contribution that is deposited in accordance with subsection 16 (3) before the effective date, (a)  subsections (3) and (4) do not apply; (b)  within 60 days after the effective date, the chief financial officer of the political party or leadership contestant shall file a report about the contribution with the Chief Electoral Officer, unless the contribution has already been included in a financial statement filed under section 41 or 42; and (c)  within 30 days after the report is filed under clause (b), the Chief Electoral Officer shall ensure that the report or the information it contains is published on a website on the Internet in accordance with clause 2 (1) (j.2).  2005, c. 35, s. 2 (4); 2007, c. 15, s. 40 (1). Definition (9) In this section, “effective date” means the day on which subsection 2 (4) of the Election Statute Law Amendment Act, 2005 comes into force.  2005, c. 35, s. 2 (4). Section Amendments with date in force (d/m/y) 2005, c. 35, s. 2 (4)
- 15/12/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 30 (1-3), 58 - 01/01/2017 2021, c. 5, Sched. 2, s. 14 (1, 2) - 19/04/2021 Loans and Guarantees
36 (1) A party or constituency association may waive the repayment of any amounts owing under a loan made before January 1, 1986.  1998, c. 9, s. 68. No contribution or expense (2) An amount whose repayment is waived under subsection (1) does not constitute a contribution or campaign expense for the purposes of this Act.  1998, c. 9, s. 68. Two-year limitation (3) Subsection (2) applies only to waivers given on or before the second anniversary of the day the Election Statute Law Amendment Act, 1998 comes into force.  1998, c. 9, s. 68. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 68 - 01/01/1999 Release of Election Surveys on Polling Day
36.1 (1) No person, organization or entity, including, for greater certainty, a political party, constituency association, corporation, trade union or third party shall publish, broadcast or transmit to the public, in an electoral district on polling day before the close of all the polling stations in that electoral district, the results of an election survey that have not previously been made available to the public. 2016, c. 22, s. 32. (2) Repealed: 2016, c. 22, s. 32. Definition (3) In this section, “election survey” means an opinion survey of how electors voted or will vote at an election or respecting an issue with which a political party or candidate is associated.  2010, c. 7, s. 42. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 42
- 18/05/2010 2016, c. 22, s. 32
- 01/01/2017 Campaign Advertising
37.0.1 In determining whether an advertisement is a political advertisement, the Chief Electoral Officer shall consider, in addition to any other relevant factors, (a)  whether it is reasonable to conclude that the advertising was specifically planned to coincide with the period referred to in section 37.10.1; (b)  whether the formatting or branding of the advertisement is similar to a registered political party’s or registered candidate’s formatting or branding or election material; (c)  whether the advertising makes reference to the election, election day, voting day, or similar terms; (d)  whether the advertisement makes reference to a registered political party or registered candidate either directly or indirectly; (e)  whether there is a material increase in the normal volume of advertising conducted by the person, organization, or entity; (f)  whether the advertising has historically occurred during the relevant time of the year; (g)  whether the advertising is consistent with previous advertising conducted by the person, organization, or entity; (h)  whether the advertising is within the normal parameters of promotion of a specific program or activity; and (i)  whether the content of the advertisement is similar to the political advertising of a party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act. 2021, c. 31, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 22, s. 33
- 01/01/2017 2021, c. 31, s. 1
- 14/06/2021
37.0.2 For greater certainty, (a)  nothing in this Act affects government advertising by the Government of Canada, the Government of Ontario, the government of another province or territory of Canada, or the government of a municipality, or by any part of such a government; (b)  no government or part of a government mentioned in clause (a) is a third party for the purposes of this Act. 2016, c. 22, s. 34. Section Amendments with date in force (d/m/y) 2016, c. 22, s. 34
- 01/01/2017
37.1 In this section and in sections 37.2 to 37.13, “election period” means the period beginning with the issue of the writ for an election and ending on polling day; (“période électorale”) “expenses” means, (a)  amounts paid, (b)  liabilities incurred, (c)  the commercial value of property and services that are donated or provided, other than volunteer labour, (d)  amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value; (“dépenses”) “third party political advertising” means political advertising placed by or on behalf of a third party, and “third party political advertisement” has a corresponding meaning; (“publicité politique de tiers”, “annonce politique de tiers”) “third party political advertising expense” means an expense incurred in relation to, (a)  the production of a third party political advertisement, or (b)  the acquisition of the means of transmission of a third party political advertisement to the public. (“dépenses de publicité politique de tiers”)  2007, c. 15, s. 32; 2016, c. 22, s. 35. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 32
- 04/06/2007 2016, c. 22, s. 35 (1, 2) - 01/01/2017
37.2 The following rules apply in determining whether an amount of expenses is incurred for third party political advertising during a period referred to in section 37.10.1: 1.  An amount that is paid by a third party for third party political advertising with respect to a relevant period is included whether it is paid before, during or after the period. 2.  If a combined amount is paid for both third party political advertising with respect to a relevant period and other third party political advertising, the amount shall be apportioned according to when the advertising appears. 2016, c. 22, s. 36. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 32
- 04/06/2007 2016, c. 22, s. 36
- 01/01/2017
37.3 Nothing in sections 37.1 to 37.13 permits political advertising during a blackout period under subsection 37 (1).  2007, c. 15, s. 32. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 32
- 04/06/2007
37.4 Subsections 22 (5) to (9) apply, with necessary modifications, with respect to third parties and third party political advertisements during a period referred to in section 37.10.1.  2007, c. 15, s. 32; 2016, c. 22, s. 37. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 32
- 04/06/2007 2016, c. 22, s. 37
- 01/01/2017
37.6 (1) A third party that is required to register under subsection 37.5 (1) shall appoint a chief financial officer, who may be a person who is authorized to sign an application for registration made under that subsection.  2007, c. 15, s. 32. Responsibilities (2) The chief financial officer is responsible for ensuring that, (a)  proper records are kept of all amounts received and all expenditures; (b)  contributions are placed in the appropriate depository; (c)  proper receipts are completed and dealt with in accordance with this Act; (d)  the third party political advertising report mentioned in section 37.12 and the auditor’s report mentioned in section 37.13, if required, are filed with the Chief Electoral Officer in accordance with this Act; and (e)  contributions consisting of goods or services are valued and recorded in accordance with this Act.  2007, c. 15, s. 32; 2016, c. 22, s. 39. Chief financial officer – ineligible persons (3) The following persons are not eligible to be a chief financial officer of a third party: 1.  A candidate. 2.  The chief financial officer or auditor of a registered candidate, party, constituency association or leadership contestant. 3.  A returning officer, deputy returning officer or election clerk.  2007, c. 15, s. 32. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 32
- 04/06/2007 2016, c. 22, s. 39
- 01/01/2017
37.7 (1) A third party that incurs expenses in an aggregate amount of $5,000 or more for third party political advertising during a period referred to in section 37.10.1 shall appoint an auditor without delay. 2016, c. 22, s. 40 (1). Eligibility criteria (2) Only a person licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act is eligible to be an auditor for a third party.  2007, c. 15, s. 32. Ineligibility criteria (3) The following persons are not eligible to be an auditor for a third party: 1.  The third party’s chief financial officer. 2.  A person who signed the application made under subsection 37.5 (2). 3.  A returning officer, deputy returning officer or election clerk. 4.  A candidate. 5.  The chief financial officer or auditor of a registered candidate, party, constituency association or leadership contestant or of another registered third party.  2007, c. 15, s. 32; 2016, c. 22, s. 40 (2). Notification of appointment (4) Every third party, when an auditor is appointed, shall immediately give notice in writing to the Chief Electoral Officer of the auditor’s name, address and telephone number.  2007, c. 15, s. 32. Replacement (5) If the third party’s auditor ceases for any reason to hold office as such, the third party shall, without delay, appoint a new auditor and shall immediately give notice in writing to the Chief Electoral Officer of the new auditor’s name, address and telephone number.  2007, c. 15, s. 32. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 32
- 04/06/2007 2016, c. 22, s. 40 (1, 2) - 01/01/2017
37.8 The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of third parties in which is recorded, in relation to each third party, the information referred to in subsections 37.5 (2) and 37.7 (4) and (5).  2007, c. 15, s. 32. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 32
- 04/06/2007 Duty of chief financial officer