jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) For the purposes of this Act, a person’s residence is the permanent lodging place to which, whenever absent, he or she intends to return. 1996, c. 32, Sched., s. 2 (1). Rules (2) The following rules apply in determining a person’s residence: 1.  A person may only have one residence at a time. 2.  The place where a person’s family resides is also his or her residence, unless he or she moves elsewhere with the intention of changing his or her permanent lodging place. 3.  If a person has no other permanent lodging place, the place where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns is his or her residence. 1996, c. 32, Sched., s. 2 (2). Exception, students (2.1) Despite paragraph 1 of subsection (2), a person may have residences in two local municipalities at the same time if, (a)  the person lives in one of the local municipalities in order to attend an educational institution, but not with the intention of changing his or her permanent lodging place; and (b)  the person’s permanent lodging place is in the other local municipality.  2009, c. 33, Sched. 21, s. 8 (3). Rules if no permanent lodging place (3) If a person has no permanent lodging place as described in subsections (1) and (2), the following rules apply in determining his or her residence: 1.  The place to which the person most frequently returned to sleep or eat during the five weeks preceding the determination is his or her residence. 2.  If the person returns with equal frequency to one place to sleep and to another to eat, the place to which he or she returns to sleep is his or her residence. 3.  Multiple returns to the same place during a single day, whether to eat or to sleep, shall be considered one return. 4.  A person’s declaration regarding the places to which he or she returned to eat or sleep during a given time period is conclusive, in the absence of evidence to the contrary. 1996, c. 32, Sched., s. 2 (3); 2016, c. 15, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (3) - 01/01/2010 2016, c. 15, s. 2 - 09/06/2016
3 This Act applies to: 1.  An election to an office on: i.  the council of a local municipality, ii.  the council of an upper-tier municipality, if the holder of the office is required to be elected by the electors of one or more local municipalities, iii.  a local board, if the holder of the office is required to be elected in the same manner as members of the council of a local municipality. 2.  An election to obtain the assent of electors to a by-law as required or authorized by law. 3.  An election to obtain the opinion of the electors on any question as required or authorized by law. 1996, c. 32, Sched., s. 3; 2016, c. 15, s. 3; 2020, c. 26, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 3 - 09/06/2016 2020, c. 26, Sched. 2, s. 2 - 20/11/2020
3.1 Despite any amendment made to this Act by Schedule 4 to the Helping Tenants and Small Businesses Act, 2020, the relevant provision of this Act, as it existed immediately before the coming into force of the amendment, continues to apply for the purposes of a by-election that commences before January 1, 2024. 2020, c. 23, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 23, Sched. 4, s. 2 - 01/01/2023
4 (1) A regular election to fill offices shall be held in 2006 and in every fourth year thereafter.  2006, c. 9, Sched. H, s. 1. By-laws and questions, municipalities (2) A vote on a by-law or question that a municipality wishes to submit to the electors shall be combined with the next regular election, unless the municipality provides, by by-law, that the vote shall be held at another time. 1996, c. 32, Sched., s. 4 (2). Questions, local boards and Minister (3) Subsection (2) applies with necessary modifications to a vote on a question that a local board or the Minister wishes to submit to the electors. 1996, c. 32, Sched., s. 4 (3). Exception (4) The vote on a question under section 53 or 54 of the Liquor Licence Act, as it read immediately before it was repealed, or under any successors to those provisions in a regulation made under the Liquor Licence and Control Act, 2019, may be held at another time than the next regular election only with the approval of the board of the Alcohol and Gaming Commission of Ontario under section 55 of the Liquor Licence Act, as it read immediately before it was repealed, or under any successor to that provision in a regulation made under the Liquor Licence and Control Act, 2019. 2019, c. 15, Sched. 22, s. 100 (1). Section Amendments with date in force (d/m/y) 2006, c. 9, Sched. H, s. 1 - 18/05/2006 2016, c. 15, s. 4 - 09/06/2016 2019, c. 15, Sched. 22, s. 100 (1) - 29/11/2021
5 Voting day in a regular election is the fourth Monday in October, subject to section 10. 1996, c. 32, Sched., s. 5; 2009, c. 33, Sched. 21, s. 8 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (4) - 01/01/2010
6 (1) The term of all offices to which this Act applies is four years, beginning on November 15 in the year of a regular election.  2006, c. 9, Sched. H, s. 2; 2017, c. 10, Sched. 4, s. 8 (1). Transition (1.1) Despite subsection (1), with respect to the 2018 regular election, the term of all offices to which this Act applies shall begin on December 1, 2018 and end on November 14, 2022. 2017, c. 10, Sched. 4, s. 8 (2). Application of subsection (1) (2) Subsections (1) and (1.1) prevail over a provision in any other Act fixing the term of an office to which this Act applies. 1996, c. 32, Sched., s. 6 (2); 2017, c. 10, Sched. 4, s. 8 (3). Term continues (3) The holders of offices continue to hold office until their successors are elected and the newly elected council or local board is organized. 1996, c. 32, Sched., s. 6 (3). (4), (5) Repealed: 2016, c. 15, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 3, s. 11 (2) - 24/04/1997; 1997, c. 31, s. 157 (2) - 01/01/1998 2006, c. 9, Sched. H, s. 2 - 18/05/2006 2016, c. 15, s. 5 - 09/06/2016 2017, c. 10, Sched. 4, s. 8 (1-3) - 30/05/2017
7 (1) Unless an Act specifically provides otherwise, the costs incurred by the clerk of a local municipality in conducting an election shall be paid by the local municipality. 1996, c. 32, Sched., s. 7 (1). Payment on certification (2) The local municipality shall pay the costs as soon as possible after its clerk has signed a certificate verifying the amount. 1996, c. 32, Sched., s. 7 (2). Exceptions: recounts, by-elections (3) Despite subsection (1), the local municipality shall be reimbursed for its reasonable costs in the following situations: 1.  When the clerk conducts a recount in a regular election with respect to, i.  an office on a local board or upper-tier municipality, ii.  a by-law or question submitted by an upper-tier municipality, or iii.  a question submitted by a local board or the Minister. 2.  When the clerk conducts a by-election for a local board or an upper-tier municipality or the Minister, or a recount in such a by-election. 3.  Repealed: 2020, c. 26, Sched. 2, s. 3. 1996, c. 32, Sched., s. 7 (3); 2016, c. 15, s. 6; 2020, c. 26, Sched. 2, s. 3. Payment on certification (4) The local board or upper-tier municipality or the Minister, as the case may be, shall pay the costs referred to in subsection (3) as soon as possible after receiving a certificate verifying the amount and signed by the clerk of the local municipality. 1996, c. 32, Sched., s. 7 (4). (5) Repealed: 2002, c. 17, Sched. D, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 2 - 01/01/2003 2016, c. 15, s. 6 - 09/06/2016 2020, c. 26, Sched. 2, s. 3 - 20/11/2020
8.2 (1) The results of a question authorized by a by-law under clause 8 (1) (b) are binding on the municipality which passed the by-law if, (a)  at least 50 per cent of the eligible electors in the municipality vote on the question; and (b)  more than 50 per cent of the votes on the question are in favour of those results. 2000, c. 5, s. 28. Determination of number of votes (2) For the purpose of clause (1) (a), the number of eligible electors shall be determined from the voters’ lists as they exist at the close of voting. 2000, c. 5, s. 28. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 28 - 08/06/2000
9 (1) Notices, forms and other information provided under this Act shall be made available in English only, unless the council of the municipality has passed a by-law under subsection (2). 1996, c. 32, Sched., s. 9 (1). By-law (2) A municipal council may pass a by-law allowing the use of, (a)  French, in addition to English, in prescribed forms; (b)  French, other languages other than English, or both, in notices, forms (other than prescribed forms) and other information provided under this Act. 1996, c. 32, Sched., s. 9 (2). Non-application (3) This section does not apply with respect to notices, forms and other information provided under this Act in respect of the election of the persons described in clauses 9.1 (1) (a) and (b). 1999, c. 14, Sched. F, s. 6 (2). Section Amendments with date in force (d/m/y) 1999, c. 14, Sched. F, s. 6 (2) - 22/12/1999
9.1 (1) This section applies with respect to notices, forms and other information provided under this Act in respect of the election of, (a)  members of a French-language district school board; or (b)  members of a school authority that, (i)  has established, operated or maintained a French-language instructional unit within the year before voting day, or (ii)  is subject to an agreement, resolution or order under Part XII of the Education Act that requires the school authority to establish, operate or maintain a French-language instructional unit. 1999, c. 14, Sched. F, s. 6 (3). Language of notices, etc. (2) Notices, forms and other information provided under this Act with respect to the matters described in subsection (1) shall be made available in English and French and shall not be provided in any other language unless the council of the municipality has passed a by-law under subsection (3). 1999, c. 14, Sched. F, s. 6 (3). By-law (3) A municipal council may pass a by-law allowing the use of languages other than English and French in notices, forms (other than prescribed forms) and other information provided under this Act with respect to the matters described in subsection (1). 1999, c. 14, Sched. F, s. 6 (3). Interpretation (4) In this section, “French-language district school board”, “French-language instructional unit” and “school authority” have the same meaning as in subsection 1 (1) of the Education Act. 1999, c. 14, Sched. F, s. 6 (3). Section Amendments with date in force (d/m/y) 1999, c. 14, Sched. F, s. 6 (3) - 22/12/1999
10 (1) A time limited by this Act that would otherwise expire on a Saturday or holiday shall be deemed to expire on the next day that is neither a Saturday nor a holiday. 1996, c. 32, Sched., s. 10 (1). Exception (2) When voting day is determined under subsection (1), the days fixed for other procedures in the election are unaffected. 1996, c. 32, Sched., s. 10 (2).
10.2 (1) A person who has filed a nomination for the office of head of council of a municipality referred to in subsection 218.1 (1) of the Municipal Act, 2001 in the 2018 regular election is deemed to have withdrawn his or her nomination under section 36 of this Act immediately before the applicable deadline set out in that section. 2018, c. 11, Sched. 3, s. 1. Regulations (2) The Minister may make regulations that, in the opinion of the Minister, are advisable or necessary for the purposes of carrying out the 2018 regular election for the municipalities referred to in subsection 218.1 (1) of the Municipal Act, 2001 and, without restricting the generality of the foregoing, the Minister may make regulations, (a)  varying the operation of any of the provisions of this Act for those purposes; (b)  governing transitional matters that arise out of the implementation of section 218.1 of the Municipal Act, 2001. 2018, c. 11, Sched. 3, s. 1. Same (3) A regulation made under subsection (2) may limit the circumstances in which an order under subsection 83 (1) may be made in relation to the conduct of the 2018 regular election for the municipalities referred to in subsection 218.1 (1) of the Municipal Act, 2001. 2018, c. 11, Sched. 3, s. 1. Retroactivity (4) A regulation made under subsection (2) is, if it so provides, effective with reference to a period before it was filed. 2018, c. 11, Sched. 3, s. 1. Conflict (5) In the event of a conflict between a regulation made under subsection (2) and a provision of this Act or of any other Act or regulation, the regulation made under subsection (2) prevails. 2018, c. 11, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2018, c. 11, Sched. 3, s. 1 - 14/08/2018 Election Officials
11.1 (1) Subject to subsection (2), this section applies to an upper-tier municipality if a member of the council of the upper-tier municipality is to be elected to the council by the electors of all or part of one or more lower-tier municipalities within the upper-tier municipality. 2002, c. 17, Sched. F, Table. Exception (2) This section and section 11.2 do not apply if the member mentioned in subsection (1) is to be elected also to the council of a lower-tier municipality within the upper-tier municipality. 2002, c. 17, Sched. F, Table. Responsibility of upper-tier clerk (3) Subject to subsection (5), the clerk of the upper-tier municipality is the person responsible for conducting an election for the office of a member mentioned in subsection (1). 2002, c. 17, Sched. F, Table. Filing of nominations (4) Nominations for the office shall be filed with the clerk of the upper-tier municipality who shall send the names of the candidates within 48 hours after the closing of nominations to the clerk of each lower-tier municipality in which the election is to be held. 2002, c. 17, Sched. F, Table; 2016, c. 15, s. 9. Responsibility of lower-tier clerk (5) The clerk of each lower-tier municipality in which an election is to be held for the office of a member mentioned in subsection (1) is the person responsible for conducting the election in the lower-tier municipality and shall promptly report the vote recorded to the clerk of the upper-tier municipality who shall prepare the final summary and announce the result of the vote. 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2016, c. 15, s. 9 - 09/06/2016
11.2 (1) Despite this Act, the Minister may by regulation provide for those matters which, in the opinion of the Minister, are necessary or expedient to conduct the election of the members of the council of an upper-tier municipality that is mentioned in section 11.1 and the members of the councils of its lower-tier municipalities. 2002, c. 17, Sched. F, Table. Scope (2) A regulation under subsection (1) may be general or specific in its application. 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
12 (1) A clerk who is responsible for conducting an election may provide for any matter or procedure that,  (a)  is not otherwise provided for in an Act or regulation; and (b)  in the clerk’s opinion, is necessary or desirable for conducting the election. 1996, c. 32, Sched., s. 12 (1). Forms (2) The power conferred by subsection (1) includes power to establish forms, including forms of oaths and statutory declarations, and power to require their use. 1996, c. 32, Sched., s. 12 (2). Proof of identification, qualification, etc. (3) Subject to subsection (4), the power conferred by subsection (1) includes power to require a person, as a condition of doing anything or having an election official do anything under this Act, to furnish proof that is satisfactory to the election official of the person’s identity or qualifications, including citizenship or residency, or of any other matter. 1996, c. 32, Sched., s. 12 (3); 2002, c. 17, Sched. D, s. 4; 2016, c. 15, s. 10 (1). Exception (4) The power conferred by subsection (1) does not include the power to require a person, for the purposes of the procedure set out in subsection 52 (1), to furnish proof of identity and residence in addition to what is prescribed for the purposes of subparagraph 1 ii of subsection 52 (1). 2016, c. 15, s. 10 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 4 - 01/01/2003 2016, c. 15, s. 10 (1, 2) - 09/06/2016
12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities.  2009, c. 33, Sched. 21, s. 8 (8). Plan re barriers (2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before voting day in a regular election. 2016, c. 15, s. 11. Report (3) Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. 2016, c. 15, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (8) - 01/01/2010 2016, c. 15, s. 11 - 09/06/2016
13 (1)  Any notice or other information that this Act requires the clerk to give shall be given in a form and manner and at a time that the clerk considers adequate to give reasonable notice or to convey the information, as the case may be. 1996, c. 32, Sched., s. 13 (1). Information about rights under Act (2)  The clerk shall provide electors, candidates and persons who are eligible to be electors with information to enable them to exercise their rights under this Act. 1996, c. 32, Sched., s. 13 (2).
14 (1)  A document that is filed with an election official under section 33, 44 or 88.6 shall bear only original signatures. 1996, c. 32, Sched., s. 14; 2016, c. 15, s. 12. Exception — electronic filing (2) Subsection (1) does not apply if the clerk has provided for electronic filing of the document. 2021, c. 5, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 12 - 09/06/2016 2021, c. 5, Sched. 4, s. 1 - 19/04/2021
15 (1)  When it is necessary to conduct an election, the clerk shall appoint a deputy returning officer for each voting place established under section 45 and may appoint any other election officials for the election and for any recount that the clerk considers are required. 1996, c. 32, Sched., s. 15 (1). Delegation (2)  The clerk may delegate to a deputy returning officer or other election official any of the clerk’s powers and duties in relation to an election, as he or she considers necessary. 1996, c. 32, Sched., s. 15 (2). Clerk retains powers and duties (3)  The clerk may continue to exercise the delegated powers and duties, despite the delegation. 1996, c. 32, Sched., s. 15 (3). Delegation in writing (4)  The delegation shall be in writing. 1996, c. 32, Sched., s. 15 (4). Scrutineers
16 (1)  A candidate may appoint scrutineers to represent him or her during voting and at the counting of votes, including a recount. 1996, c. 32, Sched., s. 16 (1). Same, at vote on by-law or question (2)  A municipality may appoint scrutineers in relation to voting on a by-law or question submitted to the electors, to attend at a voting place and at the counting of votes, including a recount. 1996, c. 32, Sched., s. 16 (2). Same, question submitted by local board or Minister (3)  When a local board or the Minister has submitted a question to the electors, subsection (2) applies with necessary modifications. 1996, c. 32, Sched., s. 16 (3). Scrutineers for applicant under s. 58 (4)  An elector who applies for a recount under section 58 may appoint scrutineers to represent him or her at the recount. 1996, c. 32, Sched., s. 16 (4). Manner of appointment (5)  The appointment of a scrutineer shall be in writing if made by a candidate or applicant or by the Minister, and by resolution if made by a municipality or local board. 1996, c. 32, Sched., s. 16 (5). Proof of appointment (6)  A scrutineer shall, on request, show proof of his or her appointment to the election official in charge of a voting place or of a place where votes are being counted. 1996, c. 32, Sched., s. 16 (6). Voters’ List
17 (1) Repealed:  2002, c. 17, Sched. D, s. 5 (1). Qualifications (2) A person is entitled to be an elector at an election held in a local municipality if, on voting day, he or she, (a)  resides in the local municipality or is the owner or tenant of land there, or the spouse of such owner or tenant; (b)  is a Canadian citizen; (c)  is at least 18 years old; and (d)  is not prohibited from voting under subsection (3) or otherwise by law. 2002, c. 17, Sched. D, s. 5 (2); 2005, c. 5, s. 46 (1). Persons prohibited from voting (3) The following are prohibited from voting: 1.  A person who is serving a sentence of imprisonment in a penal or correctional institution. 2.  A corporation. 3.  A person acting as executor or trustee or in any other representative capacity, except as a voting proxy in accordance with section 44. 4.  A person who was convicted of the corrupt practice described in subsection 90 (3), if voting day in the current election is less than five years after voting day in the election in respect of which he or she was convicted. 1996, c. 32, Sched., s. 17 (3); 2006, c. 9, Sched. H, s. 4. Status as tenant (4) Despite the definitions of “owner or tenant” and “tenant” in subsection 1 (1), a regulation may specify circumstances in which a person is, and is not, considered to be a tenant for the purposes of clause (2) (a). 2016, c. 15, s. 13. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 5 (1-3) - 01/01/2003 2005, c. 5, s. 46 (1) - 13/06/2005 2006, c. 9, Sched. H, s. 4 - 18/05/2006 2016, c. 15, s. 13 - 09/06/2016
18
(1) On or before March 31 in each year in which there is a regular election, the clerk of each local municipality may divide the local municipality into voting subdivisions. 2016, c. 15, s. 14. Notice to C.E.O. (2) A clerk who acts under subsection (1) shall, on or before March 31 in the year of the regular election, inform the Chief Electoral Officer of the boundaries of the voting subdivisions. 2020, c. 23, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 18 (1) - 01/01/2009 2016, c. 15, s. 14 - 09/06/2016 2020, c. 23, Sched. 4, s. 3 - 01/01/2023
19 (1) The Chief Electoral Officer shall prepare and maintain a preliminary list for each local municipality and make it available to the clerk. 2020, c. 23, Sched. 4, s. 4 (1). (1.1), (1.2) Repealed: 2020, c. 23, Sched. 4, s. 4 (1). Subdivisions (2) If the local municipality is divided into voting subdivisions, the preliminary list must contain a preliminary list for each voting subdivision. 2020, c. 23, Sched. 4, s. 4 (1). Permanent register (3) The preliminary list must be based on the permanent register of electors. 2020, c. 23, Sched. 4, s. 4 (1). Access to list (3.1) The clerk may obtain the preliminary list, or any information from the preliminary list, at one or more times before September 1 in the year of a regular election. 2020, c. 23, Sched. 4, s. 4 (1). (3.2)-(3.4) Repealed: 2020, c. 23, Sched. 4, s. 4 (1). Contents (4) The preliminary list shall contain, (a)  the name and address of each person who is entitled to be an elector under section 17; and (b)  any additional information the clerk needs to determine for which offices each elector is entitled to vote. 1996, c. 32, Sched., s. 19 (4). Voting subdivisions, residents and non-residents (5) If the local municipality is divided into voting subdivisions, (a)  the name of each resident elector shall be included on the preliminary list for the voting subdivision in which he or she resides; and (b)  the name of each non-resident elector shall be included on the preliminary list for the voting subdivision in which the elector or his or her spouse is an owner or tenant of land. 1996, c. 32, Sched., s. 19 (5); 1999, c. 6, s. 43 (2); 2005, c. 5, s. 46 (2); 2020, c. 23, Sched. 4, s. 4 (2). One entry only (6) An elector’s name shall appear on the preliminary list for a local municipality only once. 1996, c. 32, Sched., s. 19 (6). Same (7) For greater certainty, if a municipality is divided into wards, an elector is entitled to vote only in the ward where he or she resides, even if the elector resides in one ward and is the owner or tenant of land in a different ward or is the spouse of an owner or tenant of land in a different ward. 2016, c. 15, s. 15. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 43 (2) - 01/03/2000 2000, c. 5, s. 30 - 08/06/2000 2001, c. 8, s. 208 (1) - 29/06/2001 2005, c. 5, s. 46 (2) - 13/06/2005 2009, c. 33, Sched. 21, s. 8 (9, 10) - 01/01/2010 2012, c. 8, Sched. 35, s. 1 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 2016, c. 15, s. 15 - 09/06/2016 2020, c. 23, Sched. 4, s. 4 (1, 2) - 01/01/2023
20 The Chief Electoral Officer is not required to include on a preliminary list the name of a person whose residence is determined under subsection 2 (3). 2020, c. 23, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 18 (2) - 01/01/2009 2020, c. 23, Sched. 4, s. 5 - 01/01/2023 21 Repealed: 2016, c. 15, s. 16. Section Amendments with date in force (d/m/y) 2000, c. 25, s. 47 - 04/12/2000 2001, c. 8, s. 208 (2) - 29/06/2001 2016, c. 15, s. 16 - 09/06/2016
22 (1) The clerk may correct any obvious error in the preliminary list and shall notify the Chief Electoral Officer of the corrections. 1996, c. 32, Sched., s. 22; 2006, c. 33, Sched. Z.3, s. 18 (3); 2020, c. 23, Sched. 4, s. 6. Same (2) For the purposes of subsection (1), the clerk may use any information that is in the local municipality’s custody or control.  2009, c. 33, Sched. 21, s. 8 (11). Same (3) Information in the local municipality’s custody or control that is used by the clerk for the purposes of subsection (1) is deemed to have been collected for the purpose of correcting errors in the preliminary list.  2009, c. 33, Sched. 21, s. 8 (11). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 18 (3) - 01/01/2009 2009, c. 33, Sched. 21, s. 8 (11) - 01/01/2010 2020, c. 23, Sched. 4, s. 6 - 01/01/2023
24 (1) During the period that begins on September 1 and ends at the close of voting on voting day, a person may make an application to the clerk requesting, (a)  that the person’s name be added to or removed from the voters’ list; or (b)  that information on the voters’ list relating to the person be amended. 1996, c. 32, Sched., s. 24 (1); 2016, c. 15, s. 18 (1). Form and manner of application (2) The application shall be in writing and shall be filed, (a)  in person, by the applicant or his or her agent; (b)  by mail, by the applicant; or (c)  in any other format and manner that the clerk specifies. 1996, c. 32, Sched., s. 24 (2); 2016, c. 15, s. 18 (2). Application approved (3) If satisfied that the applicant is entitled to have the requested change made, the clerk shall, (a)  endorse the application to indicate approval; and (b)  return the endorsed application to the applicant or notify the applicant that the application has been approved and the voters’ list will be changed to reflect the approved application. 1996, c. 32, Sched., s. 24 (3); 2002, c. 17, Sched. D, s. 6. Application refused (4) If not satisfied that the applicant is entitled to have the requested change made, the clerk shall, (a)  note the reason for refusal on the application; and (b)  return the annotated application to the applicant. 1996, c. 32, Sched., s. 24 (4). Addition of name to permanent register (5) When a person’s name is added to the voters’ list under this section, it shall also be added to the permanent register of electors, unless the person objects. 2020, c. 23, Sched. 4, s. 8. Deletion of name from permanent register (6) When a person’s name is removed from the voters’ list under this section, it shall also be deleted from the permanent register of electors, unless the person objects. 2020, c. 23, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 6 - 01/01/2003 2016, c. 15, s. 18 (1, 2) - 09/06/2016 2020, c. 23, Sched. 4, s. 8 - 01/01/2023
25 (1) The clerk may, on his or her own initiative, remove a person’s name from the voters’ list until the close of voting on voting day if the clerk is satisfied that the person has died. 2016, c. 15, s. 19. Same, upon application (2) The clerk shall remove a person’s name from the voters’ list upon receiving an application under subsection (3) if the clerk is satisfied that the person has died. 2016, c. 15, s. 19. Timing of application (3) A person may make an application to the clerk requesting that a deceased person’s name be removed from the voters’ list during the period that begins on September 1 and ends at the close of voting on voting day. 2016, c. 15, s. 19. Form and manner of application (4) The application shall be in writing and shall be filed, (a)  in person, by the applicant or his or her agent; (b)  by mail, by the applicant; or (c)  in any other format and manner that the clerk specifies. 2016, c. 15, s. 19. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 7 (1-6) - 01/01/2003 2016, c. 15, s. 19 - 09/06/2016
26 The clerk’s decision under section 24 or 25 is final. 1996, c. 32, Sched., s. 26. List of changes
27 (1) During the period beginning on September 20 and ending on September 30 in the year of a regular election, the clerk shall, (a)  prepare an interim list of changes to the voters’ list that, (i)  must include changes approved under sections 24 and 25 on or before September 20, and (ii)  may include changes based on updated information from the permanent register of electors that the clerk obtains on or before September 20; and (b)  give a copy of the interim list to each person who received a copy of the voters’ list under section 23. 2020, c. 23, Sched. 4, s. 9. Final list (2) Within 30 days after voting day, the clerk shall, (a)  prepare a final list of the changes to the voters’ list approved under sections 24 and 25; and (b)  give a copy of the final list of changes to the Chief Electoral Officer. 2020, c. 23, Sched. 4, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 18 (4) - 01/01/2009 2016, c. 15, s. 20 (1, 2) - 09/06/2016 2020, c. 23, Sched. 4, s. 9 - 01/01/2023
28 (1) The clerk shall prepare and certify the voters’ list for use in each voting place established under section 45. 1996, c. 32, Sched., s. 28 (1). Same (2) In preparing the voters’ list, the clerk, (a)  shall determine which electors appear on the voters’ list for each voting place; (b)  shall remove the names that are shown in the interim list of changes as names to be removed; and (c)  may make any other changes approved under section 24. 1996, c. 32, Sched., s. 28 (2). Candidates
29 (1) A person may be nominated for an office only if, as of the day the person is nominated, (a)  he or she is qualified to hold that office under the Act that creates it; and (b)  he or she is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold the office. 1996, c. 32, Sched., s. 29 (1); 2002, c. 17, Sched. D, s. 8 (1). Certain persons eligible to be nominated (1.1) Despite subsection (1) and despite section 258 of the Municipal Act, 2001, section 203 of the City of Toronto Act, 2006, section 9 of the Legislative Assembly Act and section 219 of the Education Act, a member of the Legislative Assembly of Ontario or the Senate or House of Commons of Canada is not ineligible to be nominated for an office in an election by virtue of being a member of any of those bodies but, if the person is a member of any of those bodies as of the close of nominations on nomination day of the election, the nomination shall be rejected by the clerk under section 35. 2002, c. 17, Sched. D, s. 8 (2); 2006, c. 32, Sched. C, s. 34 (1). Exclusion (1.2) Subsection (1.1) does not apply to a member of the Executive Council of Ontario or a federal Minister of the Crown. 2002, c. 17, Sched. D, s. 8 (2). Nomination for one office only (2) If a person who has been nominated for an office is nominated for another office to which this Act applies, the first nomination shall be deemed to have been withdrawn at the time the second nomination is filed. 1996, c. 32, Sched., s. 29 (2). Name on ballot for more than one office (2.1) Despite the fact that the first nomination is deemed withdrawn under subsection (2), if a person’s name appears on the ballots for more than one office to which this Act applies, section 261 of the Municipal Act, 2001 or section 206 of the City of Toronto Act, 2006, as the case may be, applies. 2002, c. 17, Sched. D, s. 8 (3); 2006, c. 32, Sched. C, s. 34 (2). Separate nomination for each person (3) Each person to be nominated for election to an office shall be nominated by a separate nomination. 1996, c. 32, Sched., s. 29 (3). In municipality divided into wards (4) If a municipality is divided into wards, a person is eligible to be nominated for an office in an election in any ward of the municipality. 2016, c. 15, s. 21. Same (5) Subsection (4) applies despite any order of the Ontario Land Tribunal, order of the Minister under section 173 of the Municipal Act, 2001
or section 149 of the City of Toronto Act, 2006 or order of a commission under section 175 of the Municipal Act, 2001. 2016, c. 15, s. 21; 2021, c. 4, Sched. 6, s. 68. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 8 (1-3) - 01/01/2003 2006, c. 32, Sched. C, s. 34 (1, 2) - 01/01/2007 2016, c. 15, s. 21 - 09/06/2016 2021, c. 4, Sched. 6, s. 68 - 01/06/2021
30 (1) An employee of a municipality or local board is eligible to be a candidate for and to be elected as a member of the council or local board that is the employer if he or she takes an unpaid leave of absence beginning as of the day the employee is nominated and ending on voting day. 1996, c. 32, Sched., s. 30 (1); 2002, c. 17, Sched. D, s. 9 (1). Notice of leave (2) The employee shall give the council or local board written notice, in advance, of his or her intention to take unpaid leave under subsection (1). 1996, c. 32, Sched., s. 30 (2). Right to unpaid leave (3) The employee is entitled, as of right, to take unpaid leave under subsection (1). 2002, c. 17, Sched. D, s. 9 (2). Vacation and overtime pay (3.1) Despite subsection (1), an employee of a municipality or local board is entitled to be paid out any vacation pay or overtime pay owing to the employee during the period of the unpaid leave of absence and the fact that these payments may be paid on a weekly or other regular basis does not affect the unpaid leave status of the employee. 2002, c. 17, Sched. D, s. 9 (3). Resignation (4) If the employee is elected to the office, he or she shall be deemed to have resigned from the employment immediately before making the declaration of office referred to in subsection 232 (1) of the Municipal Act, 2001, section 186 of the City of Toronto Act, 2006 or section 209 of the Education Act, as the case may be. 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 34 (3). Same (5) Subsection (4) also applies to an employee of a municipality or local board who by being elected to the council of another municipality or to another local board also becomes a member of the council or local board that is the employer. 1996, c. 32, Sched., s. 30 (5). Continuous service (6) If an employee who takes a leave of absence under subsection (1) is not elected, the leave shall not be counted in determining the length of his or her service for any purpose, and the service before and after the leave shall be deemed to be continuous for all purposes. 1996, c. 32, Sched., s. 30 (6). Volunteer firefighters (7) A person shall not be considered an employee of a municipality or local board for the purposes of this section by reason only of being a volunteer firefighter as defined in the Fire Protection and Prevention Act, 1997. 1996, c. 32, Sched., s. 30 (7); 2009, c. 33, Sched. 21, s. 8 (13). Non-employees (8) This section applies with necessary modifications to a person who is not an employee and who is described in subparagraph 1 ii or iii of subsection 258 (1) of the Municipal Act, 2001 or subparagraph 1 ii or iii of subsection 203 (1) of the City of Toronto Act, 2006, as the case may be.  2006, c. 32, Sched. C, s. 34 (4). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 9 (1-3) - 01/01/2003; 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 34 (3, 4) - 01/01/2007 2009, c. 33, Sched. 21, s. 8 (13) - 01/01/2010
31
Nomination day for a regular election is the third Friday in August in the year of the election. 2016, c. 15, s. 22; 2020, c. 26, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 10 - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (14) - 01/01/2010 2016, c. 15, s. 22 - 09/06/2016 2020, c. 26, Sched. 2, s. 4 - 20/11/2020
32 The clerk shall give notice of the offices for which persons may be nominated and of the nomination procedure under this Act. 1996, c. 32, Sched., s. 32.
33.0.1 (1) As soon as practicable upon the filing of a person’s nomination, the clerk shall calculate the applicable maximum amount of the person’s expenses for the purposes of subsection 88.20 (6), as of the filing date, using the number of electors referred to in paragraph 1 of subsection 88.20 (11), and shall give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount as of the filing date. 2016, c. 15, s. 24; 2021, c. 5, Sched. 4, s. 3. Calculation final (2) The clerk’s calculation is final.  2009, c. 33, Sched. 21, s. 8 (17). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (17) - 01/01/2010 2016, c. 15, s. 24 - 09/06/2016 2021, c. 5, Sched. 4, s. 3 - 19/04/2021
33.0.2 (1) As soon as practicable upon the filing of a person’s nomination, the clerk shall calculate the applicable maximum amount for the purposes of subsection 88.9.1 (1), as of the filing date, using the number of electors referred to in paragraph 1 of subsection 88.9.1 (2), and shall give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount as of the filing date. 2017, c. 10, Sched. 4, s. 8 (7); 2021, c. 5, Sched. 4, s. 4. Calculation final (2) The clerk’s calculation is final. 2017, c. 10, Sched. 4, s. 8 (7). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 4, s. 8 (7) - 30/05/2017 2021, c. 5, Sched. 4, s. 4 - 19/04/2021
33.1 The clerk shall, before voting day, give to each person nominated for an office notice of, (a)  the penalties under subsections 88.23 (2) and 92 (1) related to election campaign finances; and (b)  the refund of the nomination filing fee that the candidate is entitled to receive in the circumstances described in section 34. 2016, c. 15, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 12 - 01/01/2003 2016, c. 15, s. 25 - 09/06/2016
34 A candidate is entitled to receive a refund of the nomination filing fee if the documents required under subsection 88.25 (1) are filed on or before 2 p.m. on the filing date in accordance with that subsection. 2016, c. 15, s. 26. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 26 - 09/06/2016
35 (1)  The clerk shall examine each nomination that has been filed, in accordance with the following timetable: 1.  All nominations filed on or before nomination day shall be examined before 4 p.m. on the Monday following nomination day. 2.  Any additional nominations filed under subsection 33 (5) shall be examined before 4 p.m. on the Thursday following nomination day. 1996, c. 32, Sched., s. 35 (1). Certification (2)  If satisfied that a person is qualified to be nominated and that the nomination complies with this Act, the clerk shall certify the nomination by signing the nomination paper. 1996, c. 32, Sched., s. 35 (2). Rejection (3)  If not satisfied that a person is qualified to be nominated or that the nomination complies with this Act, the clerk shall reject the nomination. 1996, c. 32, Sched., s. 35 (3). Notice (4)  When the clerk rejects a nomination, he or she shall, as soon as possible, give notice of the fact to the person who sought to be nominated and to all candidates for the office. 1996, c. 32, Sched., s. 35 (4). Clerk’s decision final (5)  The clerk’s decision to certify or reject a nomination is final. 1996, c. 32, Sched., s. 35 (5).
36 A person may withdraw his or her nomination by filing a written withdrawal in the clerk’s office, (a)  before 2 p.m. on nomination day, if the person was nominated under subsection 33 (4); (b)  before 2 p.m. on the Wednesday following nomination day, if the person was nominated under subsection 33 (5).  2009, c. 33, Sched. 21, s. 8 (18). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (18) - 01/01/2010
37 (1) If, at 4 p.m. on the Monday following nomination day, the number of certified candidates for an office is the same as or less than the number to be elected, the clerk shall immediately declare the candidate or candidates elected by acclamation. 1996, c. 32, Sched., s. 37 (1); 2009, c. 33, Sched. 21, s. 8 (19). Same, after additional nominations (2) If additional nominations have been filed under subsection 33 (5) and if, at 4 p.m. on the Thursday following nomination day, the number of certified candidates still does not exceed the remaining number of vacancies, the clerk shall immediately declare the additional candidate or candidates elected by acclamation. 1996, c. 32, Sched., s. 37 (2); 2009, c. 33, Sched. 21, s. 8 (20). Filling vacancies, school boards (3) If an office remains vacant on a school board after the declaration of the election of candidates by acclamation under this section and the declaration of the election of candidates following the conduct of the election for offices on the board, the following rules apply: 1.  If the number of candidates declared elected is insufficient to fill the majority of positions on the board, a by-election shall be held. 2.  If the number of candidates declared elected is sufficient to fill the majority of positions on the board, section 38 applies. If it is not possible to fill the vacancies under that section, a by-election shall be held. 1996, c. 32, Sched., s. 37 (3); 1997, c. 31, s. 157 (3-5); 2002, c. 17, Sched. D, s. 13 (1). By-election restricted to geographic area (3.1) A by-election required under subsection (3) shall be held only in the geographic area in which the number of candidates declared elected is insufficient. 2002, c. 18, Sched. G, s. 13. Filling vacancies, other offices (4) If an office remains vacant on any other body after the declaration of the election of candidates by acclamation under this section and the declaration of the election of candidates following the conduct of the election for offices on the body, the following rules apply: 1.  If the number of candidates declared elected is insufficient to form a quorum, a by-election shall be held. 2.  If the number of candidates declared elected is sufficient to form a quorum, clause 263 (1) (a) of the Municipal Act, 2001 or clause 208 (1) (a) of the City of Toronto Act, 2006, as the case may be, applies. 1996, c. 32, Sched., s. 37 (4); 2002, c. 17, Sched. D, s. 13 (2); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 34 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 157 (3-5) - 01/01/1998 2002, c. 17, Sched. D, s. 13 (1, 2) - 01/01/2003; 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. G, s. 13 - 26/11/2002 2006, c. 32, Sched. C, s. 34 (5) - 01/01/2007 2009, c. 33, Sched. 21, s. 8 (19, 20) - 01/01/2010
38 (1) If this section applies, the candidates declared elected to the school board may appoint a person to fill the vacancy at a meeting of the members called for that purpose. 2002, c. 18, Sched. G, s. 14 (1). Criteria (2) A person shall be appointed under subsection (1) only if he or she, (a)  is qualified to be elected as a member of the school board; and (b)  has consented to accept the office if appointed. 1996, c. 32, Sched., s. 38 (2); 2002, c. 18, Sched. G, s. 14 (2). Vote (3) If more than one person is nominated to fill a vacancy, the secretary of the school board shall take a vote to determine which person shall fill it. 1996, c. 32, Sched., s. 38 (3). Who fills vacancy (4) A person who receives more than half the votes shall fill the vacancy. 1996, c. 32, Sched., s. 38 (4). Further vote (5) If no person receives more than half the votes, the secretary shall take another vote, excluding the person who received fewest votes in the previous vote; if two or more persons received fewest votes, the secretary shall choose the person to be excluded by lot. 1996, c. 32, Sched., s. 38 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. G, s. 14 (1, 2) - 26/11/2002
39 If a certified candidate for an office, before the close of voting on voting day, dies or becomes ineligible to hold the office, (a)  if no candidate would be elected by acclamation as a result of the death or ineligibility, (i)  the election shall proceed as if the candidate had not been nominated, and (ii)  the clerk shall omit the candidate’s name from the ballots or, if they have already been printed, shall cause notice of the candidate’s death or ineligibility to be made available to the public in every voting place; (b)  if another candidate would be elected by acclamation as a result of the death or ineligibility, the election is void and a by-election shall be held to fill the office.  2009, c. 33, Sched. 21, s. 8 (21); 2016, c. 15, s. 27. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (21) - 01/01/2010 2016, c. 15, s. 27 - 09/06/2016 39.1 Repealed: 2016, c. 15, s. 28. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 31 - 08/06/2000 2016, c. 15, s. 28 - 09/06/2016 Before Voting Day
40 When an election is to be held, the clerk shall give the electors notice of, (a)  the location of the voting places; (b)  the dates and times on which the voting places will be open for voting; (c)  if section 44 (voting proxies) applies, the manner in which electors may use voting proxies; and (d)  if a by-law has been passed under clause 42 (1) (b), (alternative voting methods), the manner in which electors may use the alternative voting method. 1996, c. 32, Sched., s. 40.