jswizzle3737/ontario_laws_and_regs huggingface dataset:
41 (1) Repealed: 2016, c. 15, s. 29 (1). Rules for ballots (2) The following rules apply to ballots: 1.  Only the names of certified candidates shall appear on the ballot. 2.  The candidates’ names shall appear on the ballot in alphabetical order, based on their surnames and, in the case of identical surnames, their forenames. 3.  If the candidate wishes and the clerk agrees, another name that the candidate also uses may appear on the ballot instead of or in addition to his or her legal name. 4.  No reference to a candidate’s occupation, degree, title, honour or decoration shall appear on the ballot. 5.  If the surnames of two or more candidates for an office are identical, or in the clerk’s opinion, so similar as to cause possible confusion, the clerk shall differentiate the candidates on the ballots as the clerk considers to be appropriate in the circumstances. 6.  A space for marking the ballot shall appear to the right of each candidate’s name or, in the case of a by-law or question, to the right of each answer. 7.  All ballots for the same office or relating to the same by-law or question shall be identical or as nearly alike as possible. 1996, c. 32, Sched., s. 41 (2); 2016, c. 15, s. 29 (2). Variations for electors with visual impairments (3) The clerk shall make such changes to some or all of the ballots as he or she considers necessary or desirable to allow electors with visual impairments to vote without the assistance referred to in paragraph 4 of subsection 52 (1). 1996, c. 32, Sched., s. 41 (3); 2001, c. 32, s. 30 (1). Determination by clerk (4) The clerk shall determine whether separate or composite ballots shall be used in the election. 1996, c. 32, Sched., s. 41 (4). Separate and composite ballots (5) A separate ballot is designed to be used for only one office, by-law or question, as the case may be; a composite ballot is one that combines the contents of two or more separate ballots. 1996, c. 32, Sched., s. 41 (5). Form of composite ballot (6) The form of a composite ballot shall conform as closely as possible to the rules set out in subsection (2). 1996, c. 32, Sched., s. 41 (6); 2016, c. 15, s. 29 (3). Section Amendments with date in force (d/m/y) 2001, c. 32, s. 30 (1) - 30/09/2002 2016, c. 15, s. 29 (1-3) - 09/06/2016 41.1, 41.2 Repealed: 2020, c. 26, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 30 - 09/06/2016 2020, c. 26, Sched. 2, s. 5 - 20/11/2020
43 (1) Before voting day, each local municipality shall hold an advance vote on one or more dates. 2016, c. 15, s. 32. Same (2) Subject to subsection (3), the clerk shall establish, (a)  the date or dates on which the advance vote is held; (b)  the number and location of voting places for the advance vote; and (c)  the hours during which the voting places shall be open for the advance vote, which may be different for different voting places. 2016, c. 15, s. 32. Same (3) The advance vote shall not be held more than 30 days before voting day. 2016, c. 15, s. 32. Voting places, hours of voting (4) Section 45, except subsection (7), applies to the advance vote with necessary modifications. 1996, c. 32, Sched., s. 43 (4). Sealing of ballot box, etc. (5) On each day of the advance vote the deputy returning officer of the voting place shall, (a)  immediately after the close of voting, seal the ballot box so that ballots cannot be deposited in or withdrawn from it without breaking the seal; and (b)  as soon as possible after the close of voting, (i)  prepare a list showing the name of each person who has voted on that day and identifying his or her voting place, and (ii)  deliver to the clerk for safekeeping the ballot box, the list of names, and all other materials and documents related to the advance vote. 1996, c. 32, Sched., s. 43 (5). Access for candidates (6) The clerk shall give a copy of any list referred to in subclause (5) (b) (i) to any certified candidate who has made a written request under subsection 23 (4), subject to the restrictions set out in subsections 23 (6) and (7). 2020, c. 23, Sched. 4, s. 10. Updating of voters’ lists (7) The clerk shall ensure that that voters’ lists for all voting places are updated to reflect voting that took place at an advance vote. 1996, c. 32, Sched., s. 43 (7). Section Amendments with date in force (d/m/y) 2016, c. 15, s. 32 - 09/06/2016 2020, c. 23, Sched. 4, s. 10 - 01/01/2023
44 (1) A person who is entitled to be an elector in a local municipality may appoint another person who is also so entitled as his or her voting proxy, using the prescribed form. 1996, c. 32, Sched., s. 44 (1). Restrictions (2) A person shall not, (a)  appoint more than one voting proxy; (b)  act as a voting proxy for more than one other person. 1996, c. 32, Sched., s. 44 (2). Spouses, etc. (3) The restriction in clause (2) (b) does not apply if the proxy and the other person are spouses or siblings of each other, parent and child, or grandparent and grandchild. 1996, c. 32, Sched., s. 44 (3); 1999, c. 6, s. 43 (3); 2005, c. 5, s. 46 (3); 2021, c. 4, Sched. 11, s. 24. Timing (4) A person shall not appoint a voting proxy for an election until the later of, (a)  the time for the withdrawal of nominations under section 36 has expired for all offices for which the election is being conducted; and (b)  the time when the clerk has certified all persons qualified to be nominated under subsection 35 (2). 2016, c. 15, s. 33. Same (4.1) An appointment under subsection (4) does not remain in effect after voting day of the election. 2016, c. 15, s. 33. Application for clerk’s certificate (5) A person who has been appointed a voting proxy shall, (a)  complete an application in the prescribed form, including a statutory declaration that he or she is the person appointed as a voting proxy; and (b)  present the application and the appointing document to the clerk at the clerk’s office, or any place designated by the clerk, in person. 1996, c. 32, Sched., s. 44 (5); 2002, c. 17, Sched. D, s. 15 (2). Time and place (6) The application may be presented at any time when the clerk’s office or other place designated by the clerk is open; on the day of an advance vote held under section 43, the clerk’s office and any other place designated by the clerk shall be open for this purpose from noon to 5 p.m. 2002, c. 17, Sched. D, s. 15 (3). Certificate (7) If satisfied, after considering the application, that the person who appointed the voting proxy is entitled to do so and that the person appointed is entitled to act as the other’s voting proxy, the clerk shall apply a certificate in the prescribed form to the appointing document. 1996, c. 32, Sched., s. 44 (7). Production of certified appointing document (8) A person may vote as a voting proxy only if he or she, (a)  produces to the deputy returning officer the appointing document with the clerk’s certificate; and (b)  takes the prescribed oath. 1996, c. 32, Sched., s. 44 (8). Voting in own right (9) A person who votes as a voting proxy is also entitled to vote in his or her own right. 1996, c. 32, Sched., s. 44 (9). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 43 (3) - 01/03/2000 2002, c. 17, Sched. D, s. 15 (1-3) - 01/01/2003 2005, c. 5, s. 46 (3) - 13/06/2005 2016, c. 15, s. 33 - 09/06/2016 2021, c. 4, Sched. 11, s. 24 - 19/04/2021
45 (1) The clerk shall establish the number and location of voting places for an election as he or she considers most convenient for the electors. 1996, c. 32, Sched., s. 45 (1). Accessibility (2) In establishing the locations of voting places, the clerk shall ensure that each voting place is accessible to electors with disabilities.  2009, c. 33, Sched. 21, s. 8 (23). Outside voting subdivision or municipality (3) A voting place may be located outside its voting subdivision and outside its local municipality. 1996, c. 32, Sched., s. 45 (3). Voting places in certain buildings (4) A person or body to whom this subsection applies shall on the clerk’s request, made at least 14 days before voting day, provide, free of any charge, a space for use as a voting place. 1996, c. 32, Sched., s. 45 (4); 2002, c. 17, Sched. D, s. 16 (1); 2016, c. 15, s. 34 (1). Same (5) The space provided shall be acceptable to the clerk and shall not be a space that is being used as a dwelling. 1996, c. 32, Sched., s. 45 (5). Application of subss. (4) and (5) (6) Subsections (4) and (5) apply to: 1.  Landlords of buildings containing 100 or more dwelling units. 1.1  Condominium corporations managing buildings containing 100 or more dwelling units. 2.  Municipalities. 3.  School boards. 4.  Provincially-funded institutions. 1996, c. 32, Sched., s. 45 (6); 2002, c. 17, Sched. D, s. 16 (2). Voting places in institutions, retirement homes (7) On voting day, a voting place shall be provided on the premises of the following: 1.  An institution for the reception, treatment or vocational training of members or former members of the Canadian Forces. 2.  An institution in which, on September 1, 20 or more beds are occupied by persons who are disabled, chronically ill or infirm. 3.  A retirement home in which, on September 1, 50 or more beds are occupied. 1996, c. 32, Sched., s. 45 (7); 2016, c. 15, s. 34 (2, 3). Attendance on resident (8) The deputy returning officer for a voting place described in subsection (7) may attend on an elector who is a resident of the institution or retirement home, to allow him or her to vote. 1996, c. 32, Sched., s. 45 (8). Attendance on electors with disabilities (9) To allow an elector with a disability to vote, a deputy returning officer shall attend on the elector anywhere within the area designated as the voting place. 2001, c. 32, s. 30 (3). Other persons (10) The other persons described in subsection 47 (1) are entitled to accompany a deputy returning officer when he or she attends on an elector under subsection (8) or (9). 1996, c. 32, Sched., s. 45 (10). Section Amendments with date in force (d/m/y) 2001, c. 32, s. 30 (2, 3) - 30/09/2002 2002, c. 17, Sched. D, s. 16 (1, 2) - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (23) - 01/01/2010 2016, c. 15, s. 34 (1-3) - 09/06/2016 Voting Procedure
46 (1) On voting day, voting places shall be open for the electors to vote from 10 a.m. until 8 p.m. 1996, c. 32, Sched., s. 46 (1). Earlier opening (2) The clerk may establish that specified voting places shall be open on voting day at a specified time before 10 a.m. 1996, c. 32, Sched., s. 46 (2); 2016, c. 15, s. 35 (1). Reduced voting hours, institutions and retirement homes (3) Despite subsection (1), the clerk may establish reduced voting hours with respect to a voting place described in subsection 45 (7) that is only for the use of residents of the institution or retirement home. 2016, c. 15, s. 35 (2). In voting place at closing time (4) An elector who is in a voting place at the time for closing under subsection (1) or (3) and has not yet voted is still entitled to vote. 2016, c. 15, s. 35 (2). Section Amendments with date in force (d/m/y) 2016, c. 15, s. 35 (1, 2) - 09/06/2016
48 (1) While an elector is in a voting place, no person shall attempt, directly or indirectly, to influence how the elector votes. 1996, c. 32, Sched., s. 48 (1). No election campaign material (2) Without limiting the generality of subsection (1), no person shall display a candidate’s election campaign material or literature in a voting place. 1996, c. 32, Sched., s. 48 (2). Interpretation (3) For the purpose of this section, “voting place” includes any place in the immediate vicinity of the voting place designated by the clerk. 2002, c. 17, Sched. D, s. 18. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 18 - 01/01/2003
49 (1) Every person who is present in a voting place or at the counting of the votes shall help to maintain the secrecy of the voting. 1996, c. 32, Sched., s. 49 (1). Offences (2) No person shall, (a)  interfere or attempt to interfere with an elector who is marking the ballot; (b)  obtain or attempt to obtain, at a voting place, information about how an elector intends to vote or has voted; or (c)  communicate any information obtained at a voting place about how an elector intends to vote or has voted. 1996, c. 32, Sched., s. 49 (2). Same, revealing a vote (3) No elector shall, (a)  take a photograph or video recording of his or her marked ballot; or (b)  show his or her marked ballot to any person so as to reveal how he or she has voted, except in connection with obtaining assistance in voting under paragraph 4 of subsection 52 (1). 2016, c. 15, s. 36. No requirement of disclosure (4) No person shall, in a legal proceeding relating to an election, be required to disclose how he or she voted at the election. 1996, c. 32, Sched., s. 49 (4). Section Amendments with date in force (d/m/y) 2016, c. 15, s. 36 - 09/06/2016
50 (1) An elector whose hours of employment are such that he or she would not otherwise have three consecutive hours to vote on voting day is entitled to be absent from work for as long as is necessary to allow that amount of time. 1996, c. 32, Sched., s. 50 (1). Employer’s convenience (2) The absence shall be timed to suit the employer’s convenience as much as possible. 1996, c. 32, Sched., s. 50 (2). No deduction or penalty (3) The employer shall not make a deduction from the employee’s pay or impose any other penalty for the absence from work. 1996, c. 32, Sched., s. 50 (3).
51 (1) An elector whose name appears on the voters’ list for a voting place is entitled to vote there, subject to subsection (2). 1996, c. 32, Sched., s. 51 (1). Rules (2) The following rules apply to the exercise of the right to vote: 1.  An elector who is entitled to vote for offices on a municipal council or local board may vote in only one of the voting places established for the area of jurisdiction of the municipality or local board, as the case may be. 2.  However, an elector who is entitled to vote in more than one of the local municipalities forming part of an upper-tier municipality is entitled to vote in one voting place established for each of the local municipalities for offices on the local councils, even if the holders of the offices would or could under certain circumstances also be members of the upper-tier council. 3.  An elector is entitled to vote for as many candidates for an office as there are members to be elected to that office, but only once for each candidate. 4.  An elector is entitled to vote only once on a by-law or question. 5.  An elector may vote only in accordance with the information relating to him or her on the voters’ list. 1996, c. 32, Sched., s. 51 (2). (3) Repealed: 2020, c. 26, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 37 - 09/06/2016 2020, c. 26, Sched. 2, s. 7 - 20/11/2020
53 (1)  The clerk may declare an emergency if he or she is of the opinion that circumstances have arisen that are likely to prevent the election being conducted in accordance with this Act. 1996, c. 32, Sched., s. 53 (1). Arrangements (2)  On declaring an emergency, the clerk shall make such arrangements as he or she considers advisable for the conduct of the election. 1996, c. 32, Sched., s. 53 (2). Conflict (3)  The arrangements made by the clerk, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it. 1996, c. 32, Sched., s. 53 (3). Time (4)  The emergency continues until the clerk declares that it has ended. 1996, c. 32, Sched., s. 53 (4). No review or setting aside (5)  If made in good faith, the clerk’s declaration of emergency and arrangements shall not be reviewed or set aside on account of unreasonableness or supposed unreasonableness. 1996, c. 32, Sched., s. 53 (5). Counting of Votes
54 (1)  Immediately after the close of voting on voting day, the deputy returning officer shall open the ballot box for his or her voting place and proceed to count, (a)  in the case of an election for office, the number of votes for each candidate; (b)  in the case of an election to obtain the assent of the electors to a by-law, the number of votes in favour of the by-law and the number opposed to it; and (c)  in the case of an election to obtain the opinion of the electors on any question, the number of votes for each possible answer to the question. 1996, c. 32, Sched., s. 54 (1). Rejection of ballots (2)  The deputy returning officer shall reject from the count all ballots and votes in a ballot that do not comply with the prescribed rules. 1996, c. 32, Sched., s. 54 (2). Objections (3)  A scrutineer or certified candidate may object to a ballot, or to the counting of some or all votes in a ballot, on the ground that the ballot or votes do not comply with the prescribed rules. 1996, c. 32, Sched., s. 54 (3). Duty of deputy returning officer (4) The deputy returning officer shall, (a)  decide all objections; (b)  establish a list in which the objections are summarized and individually numbered; and (c)  write the number of each objection on the back of the relevant ballot and initial the number. 1996, c. 32, Sched., s. 54 (4).
55 (1) As soon as possible after counting the votes, the deputy returning officer shall,  (a)  prepare a statement, in duplicate, showing the results of the election at the voting place; (b)  place the ballots and all other materials and documents related to the election, except the original statement of results, in the ballot box; (c)  seal the ballot box so that ballots cannot be deposited in or withdrawn from it without breaking the seal; and (d)  deliver the original statement of results and the ballot box to the clerk. 1996, c. 32, Sched., s. 55 (1). Copies of statement (2) A scrutineer or certified candidate is entitled to receive a copy of the statement of results from the clerk, on request. 1996, c. 32, Sched., s. 55 (2). Results of election (3) The clerk shall determine the results of the election by compiling the statements of results received from the deputy returning officers. 1996, c. 32, Sched., s. 55 (3). Declaration (4) The clerk shall, as soon as possible after voting day, (a)  declare the candidate or candidates, as the case may be, who received the highest number of votes to be elected; and (b)  declare the result of any vote on a by-law or question. 1996, c. 32, Sched., s. 55 (4). Information to be made available (4.1) As soon as possible after voting day, the clerk shall make the following information available at no charge for viewing by the public on a website or in another electronic format: 1.  The number of votes for each candidate. 2.  The number of declined and rejected ballots. 3.  The number of votes for the affirmative or negative on a by-law or question. 2016, c. 15, s. 39 (1). Examination of documents and materials (5) Despite subsection 88 (6.1), the clerk may, if he or she considers it necessary in order to interpret the statement of results, examine any of the documents and materials in a ballot box in the presence of the relevant deputy returning officer. 1996, c. 32, Sched., s. 55 (5); 2016, c. 15, s. 39 (2). Section Amendments with date in force (d/m/y) 2016, c. 15, s. 39 (1, 2) - 09/06/2016 Recounts
56 (1) The clerk shall hold a recount, (a)  of the votes for two or more candidates who receive the same number of votes and cannot both or all be declared elected to the office; (b)  of the votes on a by-law, if the votes for the affirmative and negative are equal; (c)  of the votes for two or more answers to a question, if the votes are equal. 1996, c. 32, Sched., s. 56 (1). Recount in accordance with policies (1.1) The clerk shall hold a recount in accordance with any policy passed by the municipality or local board under subsection (3) or (4). 2016, c. 15, s. 40 (1). Time for recount (2) The recount shall be held within 15 days after the clerk’s declaration of the results of the election. 1996, c. 32, Sched., s. 56 (2); 2002, c. 17, Sched. D, s. 20. Municipality, policy (3) A municipality may, by by-law, adopt a policy with respect to the circumstances in which the municipality requires the clerk to hold a recount of the votes cast in an election. 2016, c. 15, s. 40 (2). Local board, policy (4) A local board may, by resolution, adopt a policy with respect to the circumstances in which the local board requires a recount of the votes cast in an election. 2016, c. 15, s. 40 (2). Same (5) A by-law or resolution adopted under subsection (3) or (4), (a)  applies to a regular election if it is passed on or before May 1 in the year of the election; and (b)  applies to a by-election if it is passed more than 60 days before voting day. 2016, c. 15, s. 40 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 20 - 01/01/2003 2016, c. 15, s. 40 (1, 2) - 09/06/2016
57 (1) Within 30 days after the clerk’s declaration of the results, (a)  the council of a municipality may pass a resolution requiring a recount of the votes cast, (i)  for all or specified candidates for an office on the council, (ii)  for all or specified answers to a question submitted by the council, (iii)  for and against a by-law submitted by the council; (b)  a local board may pass a resolution requiring a recount of the votes cast, (i)  for all or specified candidates for an office on the local board, or (ii)  for all or specified answers to a question submitted by the local board; (c)  the Minister may make an order requiring a recount of the votes cast for all or specified answers to a question submitted by him or her. 1996, c. 32, Sched., s. 57 (1). Recount (2) The clerk shall hold a recount in accordance with the resolution or order, within 15 days after it is passed or made. 1996, c. 32, Sched., s. 57 (2); 2002, c. 17, Sched. D, s. 21. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 21 - 01/01/2003
58 (1) A person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Superior Court of Justice for an order that the clerk hold a recount. 1996, c. 32, Sched., s. 58 (1); 2002, c. 17, Sched. D, s. 22 (1). Time for application (2) The application shall be commenced within 30 days after the clerk’s declaration of the results of the election. 1996, c. 32, Sched., s. 58 (2). Order, notice (3) If satisfied that there are sufficient grounds for it, the court shall make an order requiring the clerk to hold a recount of the votes cast for all or specified candidates, on a by-law, or for all or specified answers to a question, and shall give the clerk a copy of the order as soon as possible. 1996, c. 32, Sched., s. 58 (3). Time for recount (4) The recount shall be held within 15 days after the day the clerk receives a copy of the order. 1996, c. 32, Sched., s. 58 (4); 2002, c. 17, Sched. D, s. 22 (2). Procedures (5) The Minister may by regulation establish procedures for applications under this section. 1996, c. 32, Sched., s. 58 (5). Problems re voting and vote-counting equipment (6) A request for a recount due to problems related to voting and vote-counting equipment may be made only under this section. 1996, c. 32, Sched., s. 58 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 22 (1, 2) - 01/01/2003
59 The clerk may conduct, as part of a recount under section 56, 57 or 58 that relates to an office, a recount of the votes cast for another candidate for that office. 1996, c. 32, Sched., s. 59.
60 (1) A recount under section 56, 57 or 58 shall be conducted in the same manner as the original count, whether manually or by vote-counting equipment. 2016, c. 15, s. 41 (1). Prescribed rules (2) A recount shall be conducted in accordance with the prescribed rules, subject to subsection (3). 1996, c. 32, Sched., s. 60 (2). Order specifying different manner of doing recount (3) Despite subsection (1), if the judge who orders a recount under section 58 is of the opinion that the manner in which the original count was conducted caused or contributed to the doubtful result, he or she may, in the order, provide that the recount shall be held in a different manner and specify the manner. 1996, c. 32, Sched., s. 60 (3); 2016, c. 15, s. 41 (2). (4) Repealed: 2020, c. 26, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 41 (1-3) - 09/06/2016 2020, c. 26, Sched. 2, s. 8 - 20/11/2020
61 (1)  The following persons may be present at a recount under section 56, 57 or 58 that relates to an office: 1.  The clerk and any other election official appointed for the recount. 2.  Every certified candidate for the office. 3.  The applicant, in the case of a recount ordered under section 58. 4.  For each person referred to in paragraphs 2 and 3, i.  a lawyer, and ii.  one scrutineer for each recount station established by the clerk. 1996, c. 32, Sched., s. 61 (1). Same, by-law or question (2)  The following persons may be present at a recount that relates to a by-law or question: 1.  The clerk and any other election official appointed for the recount. 2.  The scrutineers appointed by the municipality or local board or by the Minister, as the case may be. 3.  The applicant, in the case of a recount ordered under section 58. 4.  For the applicant referred to in paragraph 3, i.  a lawyer, and ii.  one scrutineer for each recount station established by the clerk. 1996, c. 32, Sched., s. 61 (2). Number of scrutineers re by-law (3)  If the vote is on a by-law and scrutineers are to be appointed under subsection 16 (2), (a)  equal numbers of scrutineers shall be appointed to represent supporters and opponents of the by-law; and (b)  one scrutineer representing supporters and one representing opponents may be present for each recount station established by the clerk. 1996, c. 32, Sched., s. 61 (3). Number of scrutineers re question (4)  If the vote is on a question and scrutineers are to be appointed under subsections 16 (2) and (3), (a)  equal numbers of scrutineers shall be appointed for each possible answer to the question; and (b)  one scrutineer for each of the possible answers may be present for each recount station established by the clerk. 1996, c. 32, Sched., s. 61 (4). Examination of ballot (5)  A person referred to in paragraph 2, 3 or 4 of subsection (1) or (2) is entitled, (a)  to examine each ballot as the votes are being counted by the clerk (but not to touch the ballot); and (b)  to dispute the validity of a ballot or the counting of votes in a ballot. 1996, c. 32, Sched., s. 61 (5). Determination of disputes (6)  The clerk shall determine a dispute referred to in clause (5) (b). 1996, c. 32, Sched., s. 61 (6). Other persons (7)  Any other person may also be present at the recount with the clerk’s permission. 1996, c. 32, Sched., s. 61 (7).
62 (1) When the recount is complete, the clerk shall, (a)  announce the result of the recount; and (b)  if there are disputed ballots, (i)  announce the number of them, (ii)  announce the result that would be obtained if the disputed ballots were excluded, and (iii)  write the number of the voting place on the back of and initial each disputed ballot, place them in a separate envelope clearly marked so as to indicate its contents, and seal the envelope. 1996, c. 32, Sched., s. 62 (1). Who may be present (2)  Any persons described in subsections 61 (1), (2) and (7) who are at the recount are entitled to be present while the clerk acts under subsection (1). 1996, c. 32, Sched., s. 62 (2). Tied vote (3)  If the recount indicates that two or more candidates who cannot both or all be declared elected to an office have received the same number of votes, the clerk shall choose the successful candidate or candidates by lot. 1996, c. 32, Sched., s. 62 (3). Declaration by clerk (4)  If no application has been made for a judicial recount under section 63 the clerk shall, on the 16th day after the recount is completed, declare the successful candidate or candidates elected or declare the result of the vote with respect to a by-law or question, as the case may be. 1996, c. 32, Sched., s. 62 (4).
64 (1)  A candidate who has been declared elected under section 55 is entitled to sit and vote on the council or local board until the recount and all applications under this Act have been finally disposed of and a different candidate has been declared elected. 1996, c. 32, Sched., s. 64 (1). Decisions unaffected (2)  Decisions of a council or local board in which a candidate described in subsection (1) has participated are unaffected even if another candidate is afterwards declared elected as the result of a recount. 1996, c. 32, Sched., s. 64 (2). By-elections
83 (1) A person who is entitled to vote in an election may make an application to the Superior Court of Justice requesting that it determine, (a)  whether the election is valid; (b)  whether a person’s election to an office in the election is valid; (c)  if a person’s election to an office is not valid, whether another person was validly elected or is entitled to the office; (d)  if an election is not valid or a person’s election to an office is not valid, whether a by-election should be held. 1996, c. 32, Sched., s. 83 (1); 2002, c. 17, Sched. D, s. 34 (1). Time (2) The application shall be commenced within 90 days after voting day. 1996, c. 32, Sched., s. 83 (2). Summary procedure (3) The application shall be dealt with in a summary manner, without application records or factums. 1996, c. 32, Sched., s. 83 (3). Service (3.1) The applicant shall serve a copy of the application on the clerk or secretary of the municipality or local board to which the application relates within 5 days after the day the application was made under this section. 2002, c. 17, Sched. D, s. 34 (2). No other avenue (4) A proceeding to determine a matter described in clause (1) (a), (b), (c) or (d) may be commenced only under subsection (1). 1996, c. 32, Sched., s. 83 (4). Compensation (5) If the court orders that a by-election be held, it may make such order as it considers just against a person whose act or omission unlawfully affected the result of the election, for the compensation of candidates at that election. 1996, c. 32, Sched., s. 83 (5). Effect of procedural irregularities (6) The court shall not determine an election to be invalid if, (a)  an irregularity described in subsection (7) occurred at the election but did not affect the result of the election; and (b)  the election was conducted in accordance with the principles of this Act. 1996, c. 32, Sched., s. 83 (6). Same (7) Clause (6) (a) applies to the following irregularities: 1.  An irregularity on the part of the clerk or in any of the procedures before voting day. 2.  Failure to have a voting place open at the appointed location and time. 3.  Non-compliance with a provision of this Act or of a regulation, by-law, resolution or procedure made, passed or established under this Act, dealing with voting, counting of votes or time requirements. 4.  A mistake in the use of forms, whether prescribed or not. 5.  Repealed: 2020, c. 26, Sched. 2, s. 9. 1996, c. 32, Sched., s. 83 (7); 2016, c. 15, s. 44; 2020, c. 26, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 34 (1, 2) - 01/01/2003 2016, c. 15, s. 44 - 09/06/2016 2020, c. 26, Sched. 2, s. 9 - 20/11/2020
84 (1)  A person who has been elected to an office may, within 90 days after voting day and before an application questioning his or her election is made under clause 83 (1) (b), disclaim all right to the office. 1996, c. 32, Sched., s. 84 (1). Manner of making disclaimer (2)  The disclaimer shall be made in writing and delivered to the clerk who conducted the election. 1996, c. 32, Sched., s. 84 (2). Disclaimer after application (3)  A person whose election is questioned in an application under clause 83 (1) (b) may, within seven days after being served with the application, disclaim all right to the office. 1996, c. 32, Sched., s. 84 (3). Manner of making disclaimer (4)  The disclaimer shall be made in writing and delivered to, (a)  the court; (b)  the applicant or his or her lawyer; and (c)  the clerk who conducted the election. 1996, c. 32, Sched., s. 84 (4). Duty of clerk (5)  When the clerk receives a disclaimer under subsection (1) or (3), he or she shall immediately communicate it to the council or to the secretary of the local board, as the case may be. 1996, c. 32, Sched., s. 84 (5). Resignation (6)  The disclaimer operates as a resignation and takes effect when the clerk receives it. 1996, c. 32, Sched., s. 84 (6). Effect on liability for costs (7)  The disclaimer relieves the person making it from any liability for costs in an application under subsection 83 (1) that are incurred after the court receives the disclaimer. 1996, c. 32, Sched., s. 84 (7).
85 (1)  If the applicant is not qualified under subsection 83 (1) the court may, on any person’s motion, order that another person who is so qualified be substituted as applicant, on any conditions the court considers proper. 1996, c. 32, Sched., s. 85 (1). Time (2)  The motion may be made at any time before or during the hearing of the application, with leave of the court. 1996, c. 32, Sched., s. 85 (2). Applicant’s death (3)  If the applicant dies before the court hears the application, it shall be deemed to have been dismissed, unless the court makes an order under subsection (1), which applies with necessary modifications; the court may award costs of the application despite the deemed dismissal. 1996, c. 32, Sched., s. 85 (3).
86 (1)  An order made under subsection 83 (1) may be appealed to the Divisional Court. 1996, c. 32, Sched., s. 86 (1). Power of Divisional Court (2)  The Divisional Court may make an order under subsection 83 (1) or, if it is necessary to take evidence, may order a new hearing. 1996, c. 32, Sched., s. 86 (2). New hearing (3)  If the Divisional Court orders a new hearing, (a)  it may order that the hearing be held by the judge who held the original hearing, or by another judge of the General Division; and (b)  unless the Divisional Court orders otherwise, the order made on the new hearing may be appealed under subsection (1) as if it had been the first hearing. 1996, c. 32, Sched., s. 86 (3).
87 (1)  When an order is made under subsection 83 (1) determining a person’s election to an office to be invalid, the person is entitled to sit and vote on the council or local board until, (a)  the appeal period expires without an appeal being filed; or (b)  if an appeal is filed, it is finally disposed of. 1996, c. 32, Sched., s. 87 (1). Effect of subsequent disqualification (2)  Decisions of a council or local board in which a person described in subsection (1) has participated are unaffected even if it is determined that another person was validly elected or entitled to the office. 1996, c. 32, Sched., s. 87 (2). Time for by-election (3)  A by-election that would be required as a result of the order shall not be held until, (a)  the appeal period expires without an appeal being filed; or (b)  if an appeal is filed, it is finally disposed of. 1996, c. 32, Sched., s. 87 (3). Election Records
88.1 No person who is in control of an apartment building, condominium building, non-profit housing cooperative or gated community may prevent a candidate or his or her representative from campaigning between 9 a.m. and 9 p.m. at the doors to the apartments, units or houses, as the case may be. 2016, c. 15, s. 46. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 46 - 09/06/2016
88.2 (1) No landlord or person acting on a landlord’s behalf may prohibit  a tenant from displaying signs in relation to an election on the premises to which the lease relates. 2016, c. 15, s. 46. Same, condominium corporations (2) No condominium corporation or any of its agents may prohibit the owner or tenant of a condominium unit from displaying signs in relation to an election on the premises of his or her unit. 2016, c. 15, s. 46. Exception (3) Despite subsections (1) and (2), a landlord, person, condominium corporation or agent may set reasonable conditions relating to the size or type of signs in relation to an election that may be displayed on the premises and may prohibit the display of signs in relation to an election in common areas of the building in which the premises are found. 2016, c. 15, s. 46. Same (4) Despite subsection (3), no landlord, person, condominium corporation or agent may prohibit the display of signs in relation to an election in common areas of the building if space in the building is being used as a voting place. 2016, c. 15, s. 46. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 46 - 09/06/2016
88.3 (1) In this section, “election campaign advertisement” means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting or supporting the election of a candidate. 2016, c. 15, s. 47. Mandatory information in advertisement (2) An election campaign advertisement purchased by or under the direction of a candidate shall identify the candidate. 2016, c. 15, s. 47. Mandatory information for broadcaster, etc. (3) A candidate shall not cause an election campaign advertisement to appear unless he or she provides the following information to the broadcaster or publisher in writing: 1.  The name of the candidate. 2.  The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the candidate. 2016, c. 15, s. 47. Prohibition, broadcaster or publisher (4) No broadcaster or publisher shall cause an election campaign advertisement to appear if the information set out in paragraphs 1 and 2 of subsection (3) has not been provided. 2016, c. 15, s. 47. Records (5) The broadcaster or publisher of an election campaign advertisement shall maintain records containing the following information for a period of four years after the date the advertisement appears and shall permit the public to inspect the records during normal business hours: 1.  The information provided under subsection (3). 2.  A copy of the advertisement, or the means of reproducing it for inspection. 3.  A statement of the charge made for its appearance. 2016, c. 15, s. 47. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 47 - 01/04/2018
88.4 (1) No individual, corporation or trade union shall incur expenses for a third party advertisement that appears during the restricted period for third party advertisements unless the individual, corporation or trade union is a registered third party under section 88.6 when the expenses are incurred and when the advertisement appears. 2016, c. 15, s. 48. Restricted period for third party advertisements (2) The restricted period for third party advertisements in relation to an election in a municipality begins on the earliest day that an individual, corporation or trade union is permitted to file a notice of registration as a registered third party in relation to the election and ends at the close of voting on voting day. 2016, c. 15, s. 48. Limit on expenses (3) The expenses incurred in relation to third party advertisements cannot exceed the amount calculated under section 88.21 (registered third parties’ expenses) for the registered third party. 2016, c. 15, s. 48. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 48 - 01/04/2018
88.5 (1) No registered third party shall cause a third party advertisement to appear during the restricted period unless the advertisement contains the following information: 1.  The name of the registered third party. 2.  The municipality where the registered third party is registered. 3.  A telephone number, mailing address or email address at which the registered third party may be contacted regarding the advertisement. 2016, c. 15, s. 48. Mandatory information for broadcaster, etc. (2) A registered third party shall not cause a third party advertisement to appear during the restricted period unless he, she or it provides the following information to the broadcaster or publisher in writing: 1.  The name of the registered third party. 2.  The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the registered third party. 3.  The municipality where the registered third party is registered. 2016, c. 15, s. 48. Prohibition, broadcaster or publisher (3) No broadcaster or publisher shall cause a third party advertisement to appear during the restricted period if the information set out in paragraphs 1 to 3 of subsection (2) has not been provided. 2016, c. 15, s. 48. Records (4) The broadcaster or publisher of a third party advertisement shall maintain records containing the following information for a period of four years after the date the advertisement appears and shall permit the public to inspect the records during normal business hours: 1.  The information provided under subsection (2). 2.  A copy of the advertisement, or the means of reproducing it for inspection. 3.  A statement of the charge made for its appearance. 2016, c. 15, s. 48. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 48 - 01/04/2018 Registration of third party advertisers
88.7 If a municipality is satisfied that there has been a contravention of section 88.3, 88.4 or 88.5, the municipality may require a person who the municipality reasonably believes contravened the section or caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to remove the advertisement or discontinue the advertising. 2016, c. 15, s. 50. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 50 - 01/04/2018 Campaign Contributions
88.8 (1) A contribution shall not be made to or accepted by a person or an individual acting under the person’s direction unless the person is a candidate. 2016, c. 15, s. 51. Only during election campaign (2) A contribution shall not be made to or accepted by a candidate or an individual acting under the candidate’s direction outside the candidate’s election campaign period described in section 88.24. 2016, c. 15, s. 51. Who may contribute (3) Only the following persons may make contributions: 1.  An individual who is normally resident in Ontario. 2.  Subject to subsection (5), the candidate and his or her spouse. 2016, c. 15, s. 51. Who cannot contribute (4) For greater certainty, and without limiting the generality of subsection (3), the following persons and entities shall not make a contribution: 1.  A federal political party registered under the Canada Elections Act
(Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party. 2.  A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act. 3.  A corporation that carries on business in Ontario. 4.  A trade union that holds bargaining rights for employees in Ontario. 5.  The Crown in right of Canada or Ontario, a municipality or a local board. 2016, c. 15, s. 51. Non-resident candidate, spouse (5) If not normally resident in Ontario, a candidate and his or her spouse may make contributions only to the candidate’s election campaign. 2016, c. 15, s. 51. Who may accept contribution (6) A contribution may be accepted only by a candidate or an individual acting under the candidate’s direction. 2016, c. 15, s. 51. Contributors (7) A contribution may be accepted only from a person or entity that is entitled to make a contribution. 2016, c. 15, s. 51. Contributions exceeding $25 (8) A contribution of money that exceeds $25 shall not be contributed in the form of cash and shall be contributed in a manner that associates the contributor’s name and account with the payment or by a money order signed by the contributor. 2016, c. 15, s. 51. Exception re making information public (9) For greater certainty, if a municipality or local board makes information available to the public on a website or in another electronic format, the provision of the information does not constitute a contribution to a candidate. 2016, c. 15, s. 51. Same (10) Without limiting the generality of subsection (9), the information referred to in that subsection includes the following: 1.  The phone number and email address provided by the candidate in the nomination filed under section 33. 2.  A hyperlink to the candidate’s website. 2016, c. 15, s. 51. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 51 - 09/06/2016
88.9 (1) A contributor shall not make contributions exceeding a total of $1,200 to any one candidate in an election. 2016, c. 15, s. 51; 2017, c. 10, Sched. 4, s. 8 (8).  More than one office (2) If a person is a candidate for more than one office, a contributor’s total contributions to him or her in respect of all the offices shall not exceed “$1,200. 2016, c. 15, s. 51; 2017, c. 10, Sched. 4, s. 8 (9). Exception, mayor of City of Toronto (3) Despite subsections (1) and (2), for the purposes of those subsections the maximum total contribution that a contributor may make to a candidate for the office of mayor of the City of Toronto is $2,500. 2016, c. 15, s. 51. Multiple candidates (4) A contributor shall not make contributions exceeding a total of $5,000 to two or more candidates for office on the same council or local board. 2016, c. 15, s. 51. Exception, candidates and spouses (5) This section does not apply to contributions made to a candidate’s own election campaign by the candidate or his or her spouse. 2016, c. 15, s. 51. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 51 - 09/06/2016 2017, c. 10, Sched. 4, s. 8 (8, 9) - 30/05/2017
88.10 (1) A fund-raising function shall not be held for a person who is not a candidate. 2016, c. 15, s. 51. Same (2) A fund-raising function for a candidate shall not be held outside the candidate’s election campaign period described in section 88.24. 2016, c. 15, s. 51. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 51 - 09/06/2016
88.11 (1) A municipality may, by by-law, provide for the payment of rebates to individuals who made contributions to candidates for office on the municipal council. 2016, c. 15, s. 51. Same, resolution (2) A local board may, by resolution, provide for the payment of rebates to individuals who made contributions to candidates for office on the local board. 2016, c. 15, s. 51. Same (3) The by-law or resolution shall establish the conditions under which an individual is entitled to a rebate. 2016, c. 15, s. 51. Same (4) The by-law or resolution may provide for the payment of different amounts to different individuals on any basis. 2016, c. 15, s. 51. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 51 - 09/06/2016
88.13 (1) A contributor shall not make contributions exceeding a total of $1,200 to a registered third party in relation to third party advertisements that appear during an election in a municipality. 2016, c. 15, s. 52; 2017, c. 10, Sched. 4, s. 8 (12). More than one registered third party (2) A contributor shall not make contributions exceeding a total of $5,000 to two or more registered third parties registered in the same municipality in relation to third party advertisements. 2016, c. 15, s. 52. Exceptions (3) Subsections (1) and (2) do not apply to contributions to a registered third party that are made by the registered third party itself and, if the registered third party is an individual, by his or her spouse. 2016, c. 15, s. 52. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 52 - 01/04/2018 2017, c. 10, Sched. 4, s. 8 (12) - 01/04/2018
88.14 (1) A fund-raising function relating to third party advertisements to appear during an election in a municipality shall not be held for an individual, corporation or trade union that is not a registered third party in the municipality. 2016, c. 15, s. 52. Same (2) A fund-raising function relating to third party advertisements shall not be held for a registered third party outside the campaign period described in section 88.28 for the registered third party in relation to an election in the municipality. 2016, c. 15, s. 52. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 52 - 01/04/2018 What constitutes a contribution
88.16 (1) A contributor shall not make a contribution of money that does not belong to the contributor. 2016, c. 15, s. 54. Exception, will (2) Subsection (1) does not apply to the personal representative of a deceased person whose will directs that a contribution be made to a named candidate or a registered third party, as the case may be, out of the funds of the estate. 2016, c. 15, s. 54. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 54 - 09/06/2016