jswizzle3737/ontario_laws_and_regs huggingface dataset:
88.17 (1) A candidate and his or her spouse may obtain a loan only from a bank or other recognized lending institution in Ontario, to be paid directly into the candidate’s campaign account. 2016, c. 15, s. 55 (1). Same, registered third party (2) A registered third party and, in the case of an individual, his or her spouse, may obtain a loan in relation to third party advertisements only from a bank or other recognized lending institution in Ontario, to be paid directly into the campaign account. 2016, c. 15, s. 55 (2). Who may guarantee (3) Only the following persons, as applicable, may guarantee a loan: 1.  The candidate and his or her spouse. 2.  The registered third party and, in the case of an individual, his or her spouse. 2016, c. 15, s. 55 (3). Section Amendments with date in force (d/m/y) 2016, c. 15, s. 55 (1, 3) - 09/06/2016; 2016, c. 15, s. 55 (2)
- 01/04/2018
88.18 Before May 1 in the year of a regular election, municipalities and local boards shall establish rules and procedures with respect to the use of municipal or board resources, as the case may be, during the election campaign period. 2016, c. 15, s. 56. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 56 - 09/06/2016 Campaign Expenses What constitutes an expense
88.19 (1) For the purposes of this Act, costs incurred for goods or services by or under the direction of a person wholly or partly for use in his or her election campaign are expenses. 2016, c. 15, s. 57 (1). For third party advertisements (2) For the purposes of this Act, costs incurred by or under the direction of an individual, corporation or trade union for goods or services for use wholly or partly in relation to third party advertisements that appear during an election in a municipality are expenses. 2016, c. 15, s. 57 (2). Expenses (3) Without restricting the generality of subsections (1) and (2), the following amounts are expenses: 1.  The replacement value of goods retained by the person, individual, corporation or trade union from any previous election in the municipality and used in the current election. 2.  The value of contributions of goods and services. 3.  Audit and accounting fees. 4.  Interest on loans under section 88.17. 5.  The cost of holding fund-raising functions. 6.  The cost of holding parties and making other expressions of appreciation after the close of voting. 7.  For a candidate, expenses relating to a recount or a proceeding under section 83 (controverted elections). 8.  Expenses relating to a compliance audit. 9.  Expenses that are incurred by a candidate with a disability or a registered third party who is an individual with a disability, are directly related to the disability, and would not have been incurred but for the election to which the expenses relate. 10.  The cost of election campaign advertisements (within the meaning of section 88.3) or third party advertisements, as the case may be. 2016, c. 15, s. 57 (3). Exception (4) For greater certainty, the cost of holding fund-raising functions does not include costs related to, (a)  events or activities that are organized for such purposes as promoting public awareness of a candidate and at which the soliciting of contributions is incidental; or (b)  promotional materials in which the soliciting of contributions is incidental. 2016, c. 15, s. 57 (3). Transition, candidates’ expenses (5) In the following circumstances, a candidate’s expenses for the 2018 regular election that are described in paragraphs 7 and 8 of subsection (3) may include his or her expenses as a candidate in the 2014 regular election for an office on the same council or local board: 1.  The circumstances described in paragraph 4 of subsection 88.24 (1) (deficit). 2.  The circumstances described in paragraph 5 of subsection 88.24 (1) (expenses relating to a recount, etc.). 2016, c. 15, s. 57 (3). Section Amendments with date in force (d/m/y) 2016, c. 15, s. 57 (1, 3) - 09/06/2016; 2016, c. 15, s. 57 (2)
- 01/04/2018
88.27 (1) Subject to subsection (6) and in addition to any other penalty that may be imposed under this Act, an individual, corporation or trade union that is registered as a registered third party in relation to an election in a municipality is not entitled to register in relation to a subsequent election in the municipality until after the next regular election has taken place, (a)  if the registered third party fails to file a document as required under section 88.29 or 88.32 by the relevant date; (b)  if a document filed under section 88.29 shows on its face a surplus, as described in section 88.31, and the registered third party fails to pay the amount required by subsection 88.31 (4) to the clerk by the relevant date; (c)  if a document filed under section 88.29 shows on its face that the registered third party has incurred expenses exceeding what is permitted under section 88.21; or (d)  if a document filed under section 88.32 shows on its face a surplus and the registered third party fails to pay the amount required by that section by the relevant date. 2016, c. 15, s. 61. Notice of default (2) In the case of a default described in subsection (1), the clerk shall notify the registered third party in writing that the default has occurred and shall make available to the public the name of the registered third party and a description of the nature of the default. 2016, c. 15, s. 61. Application to court (3) The registered third party may, before the last day for filing a document under section 88.29 or 88.32, apply to the Superior Court of Justice to extend the time for filing the document under that section and, if the court is satisfied there are mitigating circumstances justifying a later date for filing the document, the court may grant an extension for the minimum period of time necessary to enable the registered third party to file the document but the court shall not grant an extension of more than 90 days. 2016, c. 15, s. 61. Notice to clerk (4) If a registered third party makes an application under subsection (3), the registered third party shall notify the clerk in writing before 2 p.m. on the last day for filing a document under section 88.29 or 88.32 that the application has been made. 2016, c. 15, s. 61. Effect of extension (5) If the court grants an extension under subsection (3), the penalty set out in subsection (1) applies only if the registered third party has not filed the document before the end of the extension. 2016, c. 15, s. 61. Cessation of penalty (6) The penalty set out in subsection (1) for a default described in clause (1) (a) does not take effect if, no later than 2 p.m. on the day that is 30 days after the applicable day for filing the document, the registered third party files the relevant document as required under section 88.29 or 88.32 and pays the clerk a late filing fee of $500. 2016, c. 15, s. 61. Late filing fee (7) The late filing fee is the property of the municipality. 2016, c. 15, s. 61. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 61 - 01/04/2018
88.30 (1) The filing date for documents that are to be filed under section 88.25 or 88.29 is the following: 1.  In the case of a regular election, the last Friday in March following the election. 2.  In the case of a by-election, 75 days after voting day. 2016, c. 15, s. 62. Supplementary filing date (2) The supplementary filing date for documents that are to be filed under section 88.25 or 88.29 is the following: 1.  In the case of a regular election, the last Friday in September in the year following the election. 2.  In the case of a by-election, 30 days after the expiry of the six-month period described in paragraph 2 of subsection (3). 2016, c. 15, s. 62. Supplementary reporting period (3) The supplementary reporting period for documents that are to be filed under section 88.25 or 88.29 is the following: 1.  In the case of a regular election, the six-month period following the year of the election. 2.  In the case of a by-election, the six-month period following the 45th day after voting day. 2016, c. 15, s. 62. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 62 - 09/06/2016
88.35 (1) An elector who is entitled to vote in an election in a municipality and believes on reasonable grounds that a registered third party who is registered in relation to the election in the municipality has contravened a provision of this Act relating to campaign finances may apply for a compliance audit of the campaign finances of the registered third party in relation to third party advertisements, even if the registered third party has not filed a financial statement under section 88.29. 2016, c. 15, s. 65. Requirements (2) An application for a compliance audit shall be made to the clerk of the municipality in which the registered third party was registered, and it shall be made in writing and shall set out the reasons for the elector’s belief. 2016, c. 15, s. 65. Deadline (3) The application must be made within 90 days after the latest of the following dates: 1.  The filing date under section 88.30. 2.  The date the registered third party filed a financial statement, if the statement was filed within 30 days after the applicable filing date under section 88.30. 3.  The supplementary filing date, if any, for the registered third party under section 88.30. 4.  The date on which the registered third party’s extension, if any, under subsection 88.27 (3) expires. 2016, c. 15, s. 65. Application of s. 88.33 (4) to (20) (4) Subsections 88.33 (4) to (20) apply to a compliance audit under this section, with the following modifications: 1.  A reference to a candidate shall be read as a reference to the registered third party. 2.  A reference to the clerk with whom the candidate filed his or her nomination shall be read as a reference to the clerk of the municipality in which the registered third party is registered. 3.  A reference to election campaign finances shall be read as a reference to the campaign finances of the registered third party in relation to third party advertisements that appear during an election in the municipality. 2016, c. 15, s. 65. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 65 - 01/04/2018
88.36 (1) The clerk shall review the contributions reported on the financial statements submitted by a registered third party under section 88.29 to determine whether any contributor appears to have exceeded any of the contribution limits under section 88.13. 2016, c. 15, s. 65. Report by the clerk (2) As soon as possible following the day that is 30 days after the filing date or supplementary filing date, as the case may be, under section 88.30 for a registered third party, the clerk shall prepare a report identifying each contributor to the registered third party who appears to have contravened any of the contribution limits under section 88.13 and, (a)  if the contributor’s total contributions to a registered third party that is registered in the municipality appear to exceed the limit under section 88.13, the report shall set out the contributions made by that contributor to the registered third party in relation to third party advertisements; and (b)  if the contributor’s total contributions to two or more registered third parties that are registered in the municipality appear to exceed the limit under section 88.13, the report shall set out the contributions made by that contributor to all registered third parties in the municipality in relation to third party advertisements. 2016, c. 15, s. 65. Same (3) The clerk shall prepare a separate report under subsection (2) in respect of each contributor who appears to have contravened any of the contribution limits under section 88.13. 2016, c. 15, s. 65. Same (4) The clerk shall forward each report prepared under subsection (2) to the compliance audit committee. 2016, c. 15, s. 65. Decision of compliance audit committee (5) Within 30 days after receiving a report under subsection (4), the compliance audit committee shall consider it and decide whether to commence a legal proceeding against a contributor for an apparent contravention. 2016, c. 15, s. 65. Notice of meetings (6) Reasonable notice of the meetings of the committee under subsection (5) shall be given to the contributor, the registered third party and the public. 2017, c. 20, Sched. 10, s. 3. Open meetings (6.1) The meetings of the committee under subsection (5) shall be open to the public, but the committee may deliberate in private. 2017, c. 20, Sched. 10, s. 3. Notice of decision, reasons (7) The decision of the committee under subsection (5), and brief written reasons for the decision, shall be given to the contributor and to the clerk of the municipality. 2016, c. 15, s. 65. Saving provision (8) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to contribution limits. 2016, c. 15, s. 65. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 65 - 01/04/2018 2017, c. 20, Sched. 10, s. 3 - 01/04/2018
88.37 (1) A council or local board shall establish a compliance audit committee before October 1 of an election year for the purposes of this Act. 2016, c. 15, s. 66. Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a)  employees or officers of the municipality or local board; (b)  members of the council or local board; (c)  any persons who are candidates in the election for which the committee is established; or (d)  any persons who are registered third parties in the municipality in the election for which the committee is established. 2016, c. 15, s. 66. Eligibility for appointment (3) A person who has such qualifications and satisfies such eligibility requirements as may be prescribed is eligible for appointment to the committee. 2016, c. 15, s. 66. Same (4) In appointing persons to the committee, the council or local board shall have regard to the prescribed eligibility criteria. 2016, c. 15, s. 66. Term of office (5) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. 2016, c. 15, s. 66. Role of clerk or secretary (6) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implement the committee’s decisions. 2016, c. 15, s. 66. Costs (7) The council or local board, as the case may be, shall pay all costs in relation to the committee’s operation and activities. 2016, c. 15, s. 66. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 66 - 09/06/2016 Offences, Penalties and Enforcement
89 A person is guilty of an offence if he or she, (a)  votes without being entitled to do so; (b)  votes more times than this Act allows; (c)  votes in a voting place in which he or she is not entitled to vote; (d)  induces or procures a person to vote when that person is not entitled to do so; (e)  having appointed a voting proxy that remains in force, votes otherwise than by the proxy; (f)  having been appointed a voting proxy, votes under the authority of the proxy when the elector has cancelled the proxy, is no longer entitled to vote or has died; (g)  before or during an election, publishes a false statement of a candidate’s withdrawal; (h)  furnishes false or misleading information to a person whom this Act authorizes to obtain information; (i)  without authority, supplies a ballot to anyone; (j)  delivers to the deputy returning officer to be placed in a ballot box a paper other than the ballot the deputy returning officer gave him or her; (k)  takes a ballot away from the voting place; (l)  at an election, takes, opens or otherwise deals with a ballot, a ballot box, or a book or package of ballots without having authority to do so; (m)  attempts to do something described in clauses (a) to (l). 1996, c. 32, Sched., s. 89; 2009, c. 33, Sched. 21, s. 8 (55). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (55) - 01/01/2010
90 (1) If, when a person is convicted of an offence under section 89, the presiding judge finds that the offence was committed knowingly, the offence also constitutes a corrupt practice. 1996, c. 32, Sched., s. 90 (1); 2009, c. 33, Sched. 21, s. 8 (56). Corrupt practices:  bribery (2) An offence described in subsection (3) constitutes a corrupt practice and a person who commits it is, on conviction, disqualified from voting at an election until the next regular election has taken place after the election to which the offence relates, in addition to being liable to any other penalty provided for in this Act. 2009, c. 33, Sched. 21, s. 8 (57). Same (3) No person shall, directly or indirectly, (a)  offer, give, lend, or promise or agree to give or lend any valuable consideration, in connection with the exercise or non-exercise of an elector’s vote; (b)  advance, pay or cause to be paid money intending that it be used to commit an offence referred to in clause (a), or knowing that it will be used to repay money used in that way; (c)  give, procure or promise or agree to procure an office or employment in connection with the exercise or non-exercise of an elector’s vote; (d)  apply for, accept or agree to accept any valuable consideration or office or employment in connection with the exercise or non-exercise of an elector’s vote; (e)  give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy; (f)  offer, give, lend, or promise or agree to give or lend any valuable consideration in order to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy. 1996, c. 32, Sched., s. 90 (3); 2016, c. 15, s. 67. Corrupt practices by election officials: miscounting votes (4) A deputy returning officer or other election official who knowingly miscounts the votes or knowingly prepares a false statement of the votes is guilty of an offence that constitutes a corrupt practice. 1996, c. 32, Sched., s. 90 (4); 2009, c. 33, Sched. 21, s. 8 (58). Same: false ballot (5) A deputy returning officer who knowingly places in a ballot box a paper that purports to be, but is not, a ballot capable of being used as such at an election, is guilty of an offence that constitutes a corrupt practice. 1996, c. 32, Sched., s. 90 (5); 2009, c. 33, Sched. 21, s. 8 (59). Neglect of duty (6) A clerk or other election official who wilfully fails to perform a duty imposed by this Act is guilty of an offence that constitutes a corrupt practice. 1996, c. 32, Sched., s. 90 (6); 2009, c. 33, Sched. 21, s. 8 (60). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (56-60) - 01/01/2010 2016, c. 15, s. 67 - 09/06/2016
91 (1) If a person is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code
(Canada) in connection with an act or omission that relates to an election to which this Act applies, then, in addition to any other penalty provided for in this Act, (a)  any office to which the person was elected is forfeited and becomes vacant; and (b)  the person is ineligible to be nominated for, or elected or appointed to, any office until the next two regular elections have taken place after the election to which the offence relates.  2009, c. 33, Sched. 21, s. 8 (61). Exception (2) However, if the presiding judge finds that the person committed the corrupt practice or offence under the
Criminal Code (Canada) without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply.  2009, c. 33, Sched. 21, s. 8 (61). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (61) - 01/01/2010 Offences re campaign finances
92 (1) A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 88.23 (2), (a)  if the candidate incurs expenses that exceed the amount determined for the office under section 88.20; or (b)  if the candidate files a document under section 88.25 or 88.32 that is incorrect or otherwise does not comply with that section. 2016, c. 15, s. 68 (1). Exception, action in good faith (2) However, if the presiding judge finds that the candidate, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalties described in subsection 88.23 (2) do not apply. 2016, c. 15, s. 68 (1). Additional penalty, candidates (3) If the expenses incurred by or under the direction of a candidate exceed the amount determined for the office under section 88.20, the candidate is liable to a fine equal to the excess, in addition to any other penalty provided for in the Act. 2016, c. 15, s. 68 (1). Offences by registered third party (4) A registered third party is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalty described in subsection 88.27 (1), (a)  if the registered third party incurs expenses that exceed the amount determined under section 88.21; or (b)  if the registered third party files a document under section 88.29 or 88.32 that is incorrect or otherwise does not comply with that section. 2016, c. 15, s. 68 (2). Exception, action in good faith (5) However, if the presiding judge finds that the registered third party, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalty described in subsection 88.27 (1) does not apply. 2016, c. 15, s. 68 (2). Additional penalty, registered third parties (6) If the expenses incurred by or under the direction of a registered third party exceed the amount determined under section 88.21, the registered third party is liable to a fine equal to the excess, in addition to any other penalty provided for in the Act. 2016, c. 15, s. 68 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 35 (1, 2) - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (62-67) - 01/01/2010 2016, c. 15, s. 68 (1) - 09/06/2016; 2016, c. 15, s. 68 (2)
- 01/04/2018
93 No person shall obstruct a person making an investigation or examination under this Act or withhold, conceal or destroy anything relevant to the investigation or examination. 1996, c. 32, Sched., s. 93.
94 A person who contravenes any provision of this Act or a regulation under this Act or a by-law passed by a municipality under this Act is guilty of an offence. 2016, c. 15, s. 69. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (68) - 01/01/2010 2016, c. 15, s. 69 - 09/06/2016
94.1 (1) An individual who is convicted of an offence under this Act is liable to the following penalties in addition to any other penalty provided for in this Act: 1.  For any offence, a fine of not more than $25,000. 2.  For any offence other than a corrupt practice, the penalties described in subsection 88.23 (2) and 88.27 (1). 3.  For an offence under section 90, imprisonment for a term of not more than six months. 4.  For any offence that the presiding judge finds that the individual committed knowingly, imprisonment for a term of not more than six months. 2009, c. 33, Sched. 21, s. 8 (68); 2016, c. 15, s. 70. Same, corporation or trade union (2) A corporation or trade union that is convicted of an offence under this Act is liable to a fine of not more than $50,000 in addition to any other penalty provided for in this Act.  2009, c. 33, Sched. 21, s. 8 (68). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (68) - 01/01/2010 2016, c. 15, s. 70 - 09/06/2016
94.2 (1) No prosecution for an offence under this Act in relation to a regular election shall be commenced after November 15 of the fourth year following the year in which the regular election was held.  2009, c. 33, Sched. 21, s. 8 (68); 2017, c. 10, Sched. 4, s. 8 (19). Transition (1.1) Despite subsection (1), no prosecution for an offence under this Act in relation to the 2014 regular election shall be commenced after December 1, 2018. 2017, c. 10, Sched. 4, s. 8 (20). Same (2) No prosecution for an offence under this Act in relation to a by-election shall be commenced after November 15 of the year of the next regular election after the by-election.  2009, c. 33, Sched. 21, s. 8 (68); 2017, c. 10, Sched. 4, s. 8 (21). Transition (2.1) Despite subsection (2), no prosecution for an offence under this Act in relation to a by-election held after the 2014 regular election and before the 2018 regular election shall be commenced after December 1, 2018. 2017, c. 10, Sched. 4, s. 8 (22). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (68) - 01/01/2010 2017, c. 10, Sched. 4, s. 8 (19-22) - 30/05/2017 Regulations
96 (1) The Minister may, by regulation, provide for transitional matters that affect an election and arise out of the restructuring of a municipality or local board. 1996, c. 32, Sched., s. 96 (1). Same (2) A regulation made under subsection (1) may be made retroactive, (a)  in the case of a regular election, to January 1 in that year; (b)  in the case of a by-election, to the first day of the period described in paragraph 2 of subsection 65 (4). 1996, c. 32, Sched., s. 96 (2). Same (3) A regulation made under subsection (1) may be particular or general in its application. 1996, c. 32, Sched., s. 96 (3). Same (4) A regulation made under subsection (1) applies despite anything else in this or any other public or private Act. 1996, c. 32, Sched., s. 96 (4). 97 Omitted (enacts short title of this Act). 1996, c. 32, Sched., s. 97. ______________  Français