jswizzle3737/ontario_laws_and_regs huggingface dataset:
Appeal
98. (1) Any party to the recount under section 97 may, within fifteen days following the completion of the recount of the judge under that section, appeal the decision of the judge to the Ontario Court (General Division). Nature of appeal (2) The appeal under subsection (1) shall be a recount limited to the disputed ballots in the envelope described in clause 97(7)(b). Service (3) The appellant shall serve the notice of appeal upon the recount officer and, if the appeal concerns an election to office, upon each candidate for that office. Procedures (4) Subsection 123(1) applies with necessary modifications to an appeal under subsection (1). Documents to be provided by recount officer (5) If an appeal is made under subsection (1), the recount officer shall attend the appeal and provide the court with, (a) a certified copy of the order of the judge under section 97; (b) the sealed envelope described in clause 97(7)(b) containing the disputed ballots from the recount conducted by the judge under section 97; and (c) any other documents relating to the election that are relevant to the appeal. Determination (6) One judge of the Ontario Court (General Division) shall, in the presence of the parties who have attended the appeal, (a) determine the validity of the disputed ballots or of the counting of votes in any disputed ballots and for this purpose shall open the sealed envelope containing the disputed ballots; and (b) recalculate the result of the election using the determinations made in clause (a) and the calculations of the judge of the Ontario Court (Provincial Division) described in clause 97(5)(c). Order (7) Upon completion of the recount, the judge shall make an order providing for those matters described in subsection (6) and shall, (a) announce the result of the recount to the persons present at the recount; (b) seal the disputed ballots in their original envelope; and (c) return the envelope referred to in clause (b) along with any documents relating to the election that were provided to the judge by the recount officer, to the recount officer. Certified copy of order (8) The judge shall give a certified copy of the order to the recount officer who shall promptly give it to the returning officer. Tied vote (9) In the case of a tied vote under section 99, the recount officer shall determine the successful candidate by lot under that section and give a certified copy of the result of the lot to the returning officer together with the order under subsection (8). Declaration or certification by returning officer (10) After receipt of the order, the returning officer shall declare the candidate or candidates, as the case may be, having the greatest number of votes or being a successful candidate in a lot under subsection (9) to be elected or certify to the council the result of the vote with respect to a by-law or question, as applicable. R.S.O. 1990, c.M.53, s.98.
Tied votes
99. (1) In the case of a tied vote for candidates for any office for which one person only is to be elected, or for which the holding of any other office is to be determined as a result of a recount, the successful candidate shall be determined by lot conducted by the recount officer. Method of conducting lot (2) The lot shall be conducted by placing the names of the candidates on equal size pieces of paper in a box, and the name drawn by the recount officer shall be the successful candidate. R.S.O. 1990, c.M.53, s.99.
Costs of recount
100. (1) Unless a court otherwise orders, the costs, including the costs of the candidates, of a recount under this Act whether conducted by a recount officer or a judge shall be borne by the municipality, school board or local board to which the recount relates. Frivolous proceedings (2) Despite subsection (1), if a court finds that an application or appeal is frivolous or vexatious, the court may order that the costs of the application or appeal be paid by the person who made the application or appeal. Discretion of court not restricted (3) Nothing in subsection (2) limits or restricts the discretion of a court in awarding costs. R.S.O. 1990, c.M.53, s.100.
Records to be returned
101. After the returning officer makes a declaration of the results of an election under subsection 96(6), 97(10) or 98(10), the recount officer shall return all election records to the returning officer. R.S.O. 1990, c.M.53, s.101.
Right to sit
102. A candidate declared elected is entitled to sit on the council, school board or local board even if a request or application for a recount has been filed or a resolution for a recount has been passed and is entitled to continue to sit and vote until the recount and all applications and appeals under this Act have been disposed of and a different candidate has been declared elected. R.S.O. 1990, c.M.53, s.102.
Decisions not affected
103. A decision of a council, school board or local board reached with the participation of a member who is subsequently declared not to be entitled to sit on the council, school board or local board is not affected by that participation. R.S.O. 1990, c.M.53, s.103. Disposition of Election Records
Disposition of ballots
104. (1) The clerk shall retain in his or her possession for ninety days from the date of the poll for an election all the ballots in the election and, subject to subsection (2), shall then destroy them in the presence of two witnesses, who shall make a statutory declaration that they witnessed the destruction of them and such declaration shall be filed in the office of the clerk. Retention of ballots (2) The clerk shall not destroy the ballots under subsection (1), (a) if a judge or officer having jurisdiction to inquire as to the validity of the election issues an order requiring the ballots to be retained; or (b) if the recount proceedings, including appeal periods, regarding the election have not yet been completed. Disposition of other documents (3) Subject to subsection (1), the clerk shall retain in his or her possession all oaths, nominations, qualification documents, statements of the votes cast, and other documents relating to an election until the successors to the persons elected at such election have taken office, and may then destroy them. Clerk to forward certain documents (4) After polling day, within the time prescribed by the Minister of Revenue under the Assessment Act, the clerk shall send to the assessment commissioner the certificates filed under subsection 36(4) and the declarations taken under subsection 61(1). R.S.O. 1990, c.M.53, s.104.
Inspection of ballots
105. (1) No person shall be allowed to inspect the contents of a ballot box in the custody of the clerk except under the order of a judge. Order of judge (2) The order may be made on the judge being satisfied by affidavit or other evidence that the inspection is required for the purpose of maintaining a prosecution for an offence, or corrupt practice, or of taking proceedings for contesting the election or return. R.S.O. 1990, c.M.53, s.105.
Production of documents by clerk
106. Where an order is made for the production by the clerk of any document in his or her possession relating to an election, the production of it by the clerk in such manner as may be directed by the order is evidence that the document relates to the election, and any endorsement appearing on any packet of ballots so produced is evidence that the contents are what they are stated to be by the endorsement. R.S.O. 1990, c.M.53, s.106.
Prohibition respecting use of lists
107. (1) No person shall use an enumeration list, a preliminary list, a polling list or any other list of electors prepared as part of the election process under this Act for commercial purposes. Prohibition respecting sale of lists (2) No person shall knowingly sell an enumeration list, a preliminary list, a polling list or any other list of electors prepared as part of the election process under this Act to any person who intends to use the list for commercial purposes. R.S.O. 1990, c.M.53, s.107. New Elections
Council may meet notwithstanding vacancy
109. Although a new election becomes necessary, meetings of the council may be held if a quorum of the council is present. R.S.O. 1990, c.M.53, s.109. Effect of Irregularities
Irregularities not to offset result
110. No election shall be declared invalid, (a) by reason of any irregularity on the part of the clerk or in any of the proceedings preliminary to the poll; (b) by reason of a failure to hold a poll at any place appointed for holding a poll; (c) by reason of non-compliance with the provisions of this Act as to the taking of the poll, as to the counting of the votes or as to limitations of time; or (d) by reason of any mistake in the use of the prescribed forms, if it appears to the court having cognizance of the matter that the election was conducted in accordance with the principles of this Act and that the irregularity, failure, non-compliance or mistake did not affect the result of the election. R.S.O. 1990, c.M.53, s.110. Secrecy of Proceedings
Secrecy of proceedings
111. (1) Every person in attendance at a polling place or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting. Interference with elector (2) No person shall interfere or attempt to interfere with an elector when marking his or her ballot paper, or obtain or attempt to obtain at the polling place information as to how an elector is about to vote or has voted. Communication as to voting (3) No person shall communicate any information obtained at a polling place as to how an elector at such polling place is about to vote or has voted. Inducing person to show ballot (4) No person shall, directly or indirectly, induce or attempt to induce an elector to show his or her ballot paper after the elector has marked it so as to make known to any person how he or she has voted. Voter not to show ballot (5) Subject to section 69, an elector shall not show his or her ballot paper, when marked, to any person so as to make known how the elector voted. No one compellable to disclose his vote (6) No person who has voted at an election shall, in any legal proceeding to question the election or return, be required to state how or for whom he or she has voted. R.S.O. 1990, c.M.53, s.111. Offences, Penalties and Enforcement
Voting when not qualified, etc.
112. Every person who, at an election, (a) not being qualified to vote, votes; (b) being qualified to vote, votes more times than authorized to vote by this Act; or (c) votes in a polling subdivision other than one in which he or she is entitled to vote by this Act, is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.112; 1994, c. 27, s. 50 (1).
Improper voting by proxy
113. Every person who, (a) having appointed a voting proxy to vote at an election, attempts to vote at the election otherwise than by means of that voting proxy while the voting proxy is in force; or (b) having been appointed a voting proxy at an election, votes or attempts to vote at the election under the authority of the proxy when the appointment has been cancelled or the elector who made the appointment is no longer entitled to vote or is dead, is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.113; 1994, c. 27, s. 50 (2, 3).
Wilful miscount of ballots
114. Every deputy returning officer or poll clerk who wilfully miscounts the ballots or otherwise wilfully makes up a false statement of the poll is guilty of a corrupt practice and is liable to a fine of not more than $5,000, or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c.M.53, s.114.
Initialling false ballot
114.1 Every deputy returning officer who knowingly puts his or her initials on the back of any paper that purports to be, but is not, a ballot capable of being used as such at an election is guilty of a corrupt practice and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 1994, c. 27, s. 50 (4).
Neglect of duties
115. Every clerk, returning officer, deputy returning officer or poll clerk who wilfully refuses or neglects to perform any of the duties imposed upon him or her by this Act is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.115.
Offences relating to ballot papers
116. Every person who, (a) without authority, supplies a ballot to any person; (b) places in a ballot box a paper other than the ballot that he or she is authorized by law to place therein; (c) delivers to the deputy returning officer to be placed in the ballot box any other paper than the ballot given to him or her by the deputy returning officer; (d) takes a ballot out of the polling place; (e) without authority, takes, opens or otherwise interferes with a ballot box or books or packet of ballots or a ballot in use or used for the purpose of an election; . .  .  .  . (g) attempts to commit any offence mentioned in this section, is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. M.53, s. 116; 1994, c. 27, s. 50 (5, 6).
Furnishing false information
117. Every person who furnishes false or misleading information to any person whom this Act authorizes to obtain information is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 1994, c. 27, s. 50 (7).
Inducing unqualified person to vote, etc.
118. Every person who, (a) induces or procures any person to vote who has no right to vote; or (b) before or during an election publishes a false statement of the withdrawal of a candidate, is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 1994, c. 27, s. 50 (7).
General offence
120. Every person who contravenes any of the provisions of this Act for which contravention no penalty is otherwise provided, or who contravenes an order of the Minister made under section 46, is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.120.
Corrupt practice
120.1 If, when a person is convicted of an offence under section 112, 113, 116, 117 or 118, the presiding judge finds that the offence was committed knowingly, the person is also guilty of a corrupt practice and, in addition to any other penalty, is liable to imprisonment for a term of not more than six months. 1994, c. 27, s. 50 (8).
Bribery or corrupt practice, effect of conviction
121. (1) A person who is convicted of bribery or a corrupt practice, (a) shall forfeit any office to which he or she was elected; and (b) is ineligible to be nominated for, elected to or appointed to hold any office until the sixth anniversary of the date of the poll. Office vacant (2) When clause (1) (a) applies, the forfeited office is vacant. Exception (3) If the presiding judge finds that an act constituting a corrupt practice was committed without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 1994, c. 27, s. 50 (9). Controverted Elections
Validity of election, etc., determined in Ont. Ct. (Gen. Div.)
122. (1) The validity of an election or of the election of any person to any office at such an election shall be tried and determined by an action commenced in the Ontario Court (General Division). R.S.O. 1990, c. M.53, s. 122 (1); 1994, c. 27, s. 50 (10). (2) Repealed: 1994, c. 27, s. 50 (11). Who may commence action (3) Any elector entitled to vote at an election referred to in subsection (1) may commence an action under this section in relation to such election. Time for commencing action (4) No action shall be commenced after the expiration of ninety days following the date of the poll at the election referred to in subsection (1). R.S.O. 1990, c. M.53, s. 122 (3, 4).
Mode of trial
123. (1) The judge shall, in a summary manner and without formal pleadings, hear and determine the questions raised by or upon an action under section 122 and may give directions as to the conduct thereof and may inquire into the facts on affidavit, by oral testimony, or by trying an issue framed by the judge, or by one or more of those means. Idem (2) Subject to subsection (1) and where not otherwise provided in this Act, the practice and procedure of the Ontario Court (General Division) apply to an action commenced under section 122. Judge without jury (3) The action shall be tried by a judge without a jury. R.S.O. 1990, c.M.53, s.123.
Security for costs
124. (1) At the time of the commencement of an action, security shall be given on behalf of the plaintiff to be applied towards payment of all costs, charges and expenses, if any, that may become payable by the plaintiff, including the costs and charges of the clerk incurred in the publication of notices in the municipality in respect of the action or proceedings therein. Idem (2) The security shall be in the amount of $400 and shall be given in accordance with the practice in cases where a plaintiff resides out of Ontario. R.S.O. 1990, c.M.53, s.124.
Abatement of action
125. (1) An action abates on the death of a sole plaintiff or the survivor of several plaintiffs. Liability for costs (2) The abatement of an action does not affect any liability for costs previously incurred. Substitution of plaintiff (3) On the abatement of an action, any person who might have been a plaintiff may apply to a judge of the court or, during the trial, to the trial judge to be substituted as the plaintiff. R.S.O. 1990, c.M.53, s.125.
Substitution for unqualified person
126. Where a plaintiff is not qualified to be a plaintiff in an action under this Act, the action shall not on that account be dismissed if, within such time as a judge of the court or, during the trial, the trial judge allows for that purpose, another plaintiff is substituted and substitution shall be made on such terms and conditions as the judge considers proper. R.S.O. 1990, c.M.53, s.126.
Removal of candidate
127. (1) Where the election of a person is declared void, the court may order that he or she be removed from office and, if it is determined that another person would have been elected but for the reasons leading to the election being declared void, that the other person be admitted to take his or her seat on the council or board or, if it is determined that no other person is elected, a new election shall be held. Affecting result of election (2) Where it is determined that a person’s act or omission unlawfully affected the result of the election, the court may declare the election void and a new election shall be held. Compensation (3) Where a new election is to be held, the court may make such order as it considers just against a person whose act or omission unlawfully affected the result of the election that has been declared void, for the compensation of candidates at that election, not exceeding $2,000 per candidate. Judgment forwarded to clerk (4) The registrar of the court shall forward the judgment and the reasons for judgment to the clerk of the municipality. 1994, c. 27, s. 50 (12).
Where election set aside and appeal entered
128. (1) If the court determines that a member was not duly elected, although an appeal from the decision is pending, he or she is not entitled to sit or vote on the council or board until the appeal is disposed of and the judgment of the court on appeal is received by the council or local board, but where the court determines that some other person was elected or is entitled to the seat, that other person is, although an appeal is pending, entitled to take his or her seat and to sit and vote until the appeal is disposed of and the judgment of the court on appeal is received by the council or local board. Decisions of council not affected by reason of subsequent disqualification (2) The decisions of a council reached with the participation of a member or members who is or are subsequently declared to be not entitled to sit on council shall not in any way be affected on the grounds of the participation of that member or members. R.S.O. 1990, c.M.53, s.128.
New election not to be held pending appeal
129. A new election shall not be held until after the expiration of the time limited for appeal from the determination of the court that the election is void and, if an appeal is brought, the election shall not be held pending the appeal. R.S.O. 1990, c.M.53, s.129.
Appeal to Divisional Court
130. (1) An appeal lies from the judgment of the Ontario Court (General Division) to the Divisional Court in accordance with the rules of court. Judgment or new trial (2) The Divisional Court may give any judgment that ought to have been pronounced or may grant a new trial for the purpose of taking evidence or additional evidence and may remit the case to the trial judge or to another judge and, subject to any directions of the Divisional Court, the case shall thereafter be proceeded with as if there had been no appeal. Appeal from decision on new trial (3) An appeal lies from the decision of the trial judge to whom the case was remitted by the Divisional Court in accordance with this section. R.S.O. 1990, c.M.53, s.130.
Disclaimer before complaint
131. Any person elected may, at any time after the election and before it is complained of, deliver to the clerk of the municipality a disclaimer, signed by the person, to the following effect:  “I, A.B., hereby disclaim all right to the office of ....................................................  for the .......................................................  of ..............................................................  in the .......................... of .........................  and all defence of any right I may have  to the same. Dated ...................................  day of ...................., 19..... A.B.” R.S.O. 1990, c.M.53, s.131.
Disclaimer after complaint
132. A person whose election is complained of, unless it is complained of on the ground of bribery or of a corrupt practice on his or her part, may, within one week after service on the person of the statement of claim or notice of action, transmit by registered mail, or deliver to the judge of the court, and to the applicant or the applicant’s solicitor, a disclaimer signed by the person to the following effect:  “I, A.B., upon whom a statement of claim or notice of action, authorized by the Municipal Elections Act, has been served for the purpose of contesting my right to the office of ..................................................., in the county (or district, etc.) of ......................................., hereby disclaim the office, and all defence of any right I may have to the same.


Dated ........................................................ day of ...................., 19..... A.B.” R.S.O. 1990, c. M.53, s. 132.
Duplicate of disclaimer to clerk
133. (1) A person disclaiming shall deliver a duplicate of the disclaimer to the clerk of the municipality, and the clerk shall forthwith communicate it to the council or to the secretary of the local board, as the case requires. Operates as resignation (2) A disclaimer in accordance with section 131 or 132 operates as a resignation. Relief from costs (3) A disclaimer in accordance with section 132 relieves the person making it from all liability for costs in an action under section 122. R.S.O. 1990, c.M.53, s.133.
Proceedings for removal from office
134. Proceedings for the removal from office of a person whose election is alleged to have been undue or illegal, or who is alleged not to have been duly elected, and proceedings to have the right of a person to sit in a council or as trustee of a police village or as member of a local board, as the case may be, shall be determined and taken only under this Act. R.S.O. 1990, c.M.53, s.134.
Forms
135. (1) The Minister may by order prescribe the forms required for the purposes of this Act. Notices in French language (2) Any notices required to be posted, published or mailed under this Act may, in addition to being printed in the English language, be printed in the French language. Determination by council of French-language forms, etc. (3) The use in a municipality of forms prescribed in the French language or the printing of notices in the French language under subsection (2) shall be determined by by-law of the council of the municipality. Other use of French and English (4) A person required to use particular words by paragraph 3, 5 or 6 of subsection 60(1) or section 67, 76, 131 or 132 may use either the English words or the French words. R.S.O. 1990, c.M.53, s.135.
Election information in languages other than English
136. The council of a municipality may by by-law provide that any election related information, in addition to being printed in the English language, be printed in any other language reasonable in the circumstances. R.S.O. 1990, c.M.53, s.136.
Holidays
137. (1) Subject to subsection 12 (2), where any day specified in this Act for the undertaking of any proceeding pertaining to an election falls on a holiday, the day specified shall be deemed to be the immediately preceding day which is not a Sunday or a holiday. Daylight saving time (2) For the purpose of any proceedings under this Act, so long as the time commonly observed in the municipality or locality where the proceedings take place is one hour in advance of standard time, the time mentioned in this Act shall be reckoned in accordance with the time so commonly observed and not standard time. R.S.O. 1990, c.M.53, s.137. PART II
Definitions
138. (1) In this Part, “campaign expense” means an expense incurred for goods or services in relation to an election by or on behalf of a registered candidate for use in whole or in part for the purpose of the election of the registered candidate at the next election including the value of goods held in inventory, fees or expenses for services for any registered candidate and contributions of goods and services to the registered candidate, but does not include, (a) audit and accounting fees, (b) interest on loans under section 145, (c) an expense incurred in holding a fund-raising function referred to in section 143, (d) an expense incurred for victory parties held and appreciation notices published after the closing of the poll, (e) an expense relating to a recount in respect of the election, and (f) an expense relating to an action commenced under section 122; (“dépenses liées à la campagne électorale”) “campaign period” means, (a) in the case of a regular election, the period commencing on the 1st day of January of an election year and ending on the 31st day of March in the year following the election year, and (b) in the case of a new election, the period commencing the day on which, (i) an order to hold a new election is given in any judicial proceeding, (ii) the council of the municipality passes a by-law to hold a new election, (iii) the clerk receives from the secretary of a school board notice that a new election is required, (iv) an order to hold a new election is given by the Minister under the Municipal Act, or (v) the clerk sets the nomination day for a new election required by section 41 or 43, and ending 135 days after the closing of the poll; (“période de campagne électorale”) “contribution” means a contribution made to a person or representative of the person for purposes of the election of that person at the next election but does not include, (a) any goods produced for a person by voluntary unpaid labour, and (b) any service voluntarily performed for a person by an individual if the individual does not receive from any person or trade union, under an arrangement with the individual’s employer, compensation in excess of what the individual would normally receive during the period the service was performed; (“contribution”) “municipality” means a city, town, village, police village, township or regional municipality; (“municipalité”) “registered candidate” means a candidate registered under section 139; (“candidat inscrit”) “trade union” means a trade union as defined in the Labour Relations Act or the Canada Labour Code (Canada) that holds bargaining rights for employees in Ontario to whom those Acts apply and includes any central, regional or district labour council in Ontario. (“syndicat”) Associated corporations (2) Corporations that are associated with one another under section 256 of the Income Tax Act (Canada) shall be considered as a single corporation for the purposes of this Act. R.S.O. 1990, c.M.53, s.138. Registration
Chief financial officer
140. (1) Every person who proposes to be a candidate may appoint a chief financial officer before or after filing the notice of registration with the clerk. Replacement (2) If the chief financial officer ceases to hold office, the registered candidate shall immediately appoint another chief financial officer and shall immediately give notice in writing to the clerk of the full name and address of the new chief financial officer. Duties of chief financial officer (3) The chief financial officer shall be responsible for ensuring that, (a) proper records are kept of all receipts and expenses; (b) one or more campaign accounts at financial institutions registered with the clerk under subsection 139(1) are opened exclusively for election campaign purposes in the name of the election campaign of the registered candidate; (c) all money contributions are deposited into the accounts described in clause (b) and all payments for campaign expenses are made from the accounts described in clause (b); (d) proper receipts are completed; (e) the financial statements required under section 150 and the auditor’s report on the statements are filed with the clerk; (f) contributions consisting of goods or services are valued and recorded; and (g) proper direction is given to persons authorized to incur expenses. Where no chief financial officer appointed (4) If a registered candidate has not appointed a chief financial officer, the registered candidate is the chief financial officer. R.S.O. 1990, c.M.53, s.140. Contributions
Contributor to contribute only funds belonging to contributor
142. (1) No individual, corporation or trade union shall contribute to any registered candidate funds not actually belonging to that individual, corporation or trade union. Exception (2) Subsection (1) does not apply to the personal representative of the estate of a person who has died leaving a will where the deceased person has directed in the will that the personal representative make a contribution to a named registered candidate out of the funds of the estate. Prohibition (3) No registered candidate and no individual, corporation or trade union on behalf of the registered candidate shall solicit or accept any contribution contrary to subsection (1). No funds from political parties, etc. (4) No registered candidate shall accept funds from, (a) 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 such federal political party; or (b) a provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act. Receipts (5) A registered candidate shall issue or cause to be issued receipts in the prescribed form for every contribution accepted. Group contributions (6) A contribution to a registered candidate made through an unincorporated association, including a partnership but excluding a trade union, shall be recorded by the association as to the individual sources and the amounts making up the contribution and a list of the individual sources and amounts shall be given to the registered candidate. Application to amounts making up contribution (7) The amounts making up a contribution under subsection (6) that are attributable to an individual, corporation or trade union are contributions of that individual, corporation or trade union for the purposes of subsection 141(8). Receipt of excess contributions prohibited (8) No registered candidate and no individual, corporation or trade union acting on behalf of the registered candidate shall solicit or accept any contributions in excess of the limits imposed under subsection 141(8). Restriction on contributions (9) No registered candidate shall directly or indirectly solicit or accept contributions from, (a) an individual normally resident outside Ontario; (b) a corporation that does not carry on business in Ontario; or (c) a trade union other than a trade union as defined in this Part. Trade unions, contributions (10) Contributions of not more than 15 cents per month by a member of a bargaining unit represented by a trade union through payroll deductions shall not be considered contributions from an individual for the purpose of section 141 and this section, but any amount contributed to a registered candidate shall be deemed to be a contribution from the trade union. Record of contributions (11) A registered candidate shall keep a record of the value of every contribution, whether in the form of money, goods or services, and of the name and address of the contributor. R.S.O. 1990, c.M.53, s.142.
Definition
143. (1) In this section, “fund-raising function” means events or activities held for the purposes of raising funds for the election campaign of the person by whom or on whose behalf the function is held. When fund-raising function to be held (2) A fund-raising function shall be held only for a person who is registered under this Part. Income to be reported (3) The gross income from a fund-raising function shall be recorded and reported to the clerk by the registered candidate or the chief financial officer. Charges as contribution (4) Any charge made for a fund-raising function by the sale of tickets or otherwise shall be considered a contribution. Where amounts to be considered contributions (5) Any amount paid for goods or services offered for sale at a fund-raising function in excess of current market value shall be considered a contribution. Collection of money at meetings (6) If a meeting is held on behalf of or in relation to the affairs of a registered candidate and money is given in response to a general collection of money solicited from the persons in attendance at the meeting, no amount shall be given anonymously by any person in excess of $10 and the amounts so given shall be considered not to be contributions, but the gross amount collected shall be recorded and reported to the clerk by the registered candidate or the chief financial officer. R.S.O. 1990, c.M.53, s.143.
Restrictions respecting advertising
144. Sections 177 and 189 apply with necessary modifications to elections under this Part. R.S.O. 1990, c.M.53, s.144. Borrowing
Borrowing
145. (1) A registered candidate may borrow from any bank or other recognized lending institution in Ontario, if the loan and its terms, including the name of any guarantor of a loan, are recorded by the registered candidate and reported to the clerk in the financial statement filed under subsection 150(1). Limitation (2) No registered candidate shall receive a loan from any individual, corporation, trade union or unincorporated association, other than from a bank or other recognized lending institution as set out in subsection (1). R.S.O. 1990, c.M.53, s.145. Loan Guarantee
Guarantee of loan to registered candidates prohibited
146. (1) Subject to subsection (2), no individual, corporation, trade union or unincorporated association shall sign, co-sign or provide collateral security for any loan, monetary obligation or indebtedness for or on behalf of any registered candidate. Exception (2) An individual, corporation or trade union that is eligible to make a contribution may guarantee any loan referred to in subsection 145(1). Guarantee as contribution (3) A guarantee or a payment made by a guarantor in respect of a loan referred to in subsection 145(1) is considered to be a contribution under section 141. R.S.O. 1990, c.M.53, s.146. Campaign Expenses
Time for submission of claims for payment
148. (1) Every individual, corporation or trade union that has any claim for payment in relation to a campaign expense shall submit the claim after polling day to the registered candidate who incurred the expense, (a) in the case of a regular election, no later than the 31st day of March in the year following the election year; or (b) in the case of a new election, no later than 135 days after polling day. Payment of expenses by registered candidate (2) Every payment of a campaign expense shall be made by the registered candidate or the chief financial officer who incurred or on whose behalf the campaign expense was incurred and, except where the campaign expense is less than $25, a receipt shall be obtained setting out the particulars and proof of payment. Method of payment (3) Payment of any campaign expense shall be made by cheque drawn on an account registered with the clerk under section 139. Disputed claims (4) If the registered candidate disputes or refuses to pay any claim for payment in relation to a campaign expense, that claim shall be considered to be a disputed claim. R.S.O. 1990, c.M.53, s.148. Auditors
Appointment of auditor
149. (1) If contributions received by a registered candidate exceed $10,000 or expenses incurred by the registered candidate exceed $10,000 during the campaign period, the registered candidate shall appoint an auditor licensed under the Public Accountancy Act and shall immediately inform the clerk of the full name and address of the auditor. Report of auditor (2) The auditor shall make a report to the registered candidate or the chief financial officer of the registered candidate who appointed the auditor in respect of the financial statements, as required by section 150, and shall make such examination of the financial statements and supporting documentation as is necessary to enable the auditor to report on them in accordance with generally accepted auditing standards. Change of auditors (3) If an auditor appointed under subsection (1) ceases to hold office, ceases to be qualified under subsection (1) or becomes ineligible under subsection (4), the candidate shall immediately appoint another auditor licensed under the Public Accountancy Act and shall immediately notify the clerk of the full name and address of the auditor. Persons not eligible to be auditors (4) No election official and no registered candidate or chief financial officer of a registered candidate shall act as the auditor for the candidate, but nothing in this subsection makes ineligible the partners with whom or the firm with which this person is associated from acting as an auditor for the registered candidate. Report of auditor (5) If, (a) the auditor has not received from the registered candidate or the chief financial officer all the information and explanation that is required to make the report; or (b) proper accounting records have not been kept by the registered candidate or the chief financial officer, the auditor shall make a statement to that effect in the report made under subsection (2). Right of access (6) An auditor appointed under subsection (1) shall have access at all reasonable times to the records, documents, books, accounts and vouchers of the registered candidate. Co-operation required (7) The registered candidate or the chief financial officer shall provide such information and explanation as is necessary to enable the auditor to make the report under subsection (2). R.S.O. 1990, c.M.53, s.149. STATEMENTS, REPORTS AND   Statutory Declarations
Ineligibility respecting future elections
152. (1) If a registered candidate, (a) fails to file a financial statement, a report or statutory declaration as required by section 150 within thirty days of the date of the notice sent under subsection 150(6); or (b) on the face of the financial statement, report or statutory declaration filed as required by section 150, has incurred campaign expenses in excess of the amount permitted under section 147, the registered candidate, in addition to any other penalty, is ineligible to be elected to or to hold any office up to and including the next regular election. Forfeiture of office (2) If a registered candidate fails to file the documents referred to in clause (1)(a), or on the face of the financial statement, report or statutory declaration has exceeded the amount referred to in clause (1)(b), the clerk shall within five days of the default give written notice of the default by registered mail or personal service to the registered candidate and the council, school board or local board, as the case may be, for which the registered candidate was registered to run for office, and any office to which the registered candidate was elected shall be deemed vacant and the registered candidate shall forfeit the office. Service (3) A notice served by registered mail under subsection (2) shall be deemed to be received on the fifth day after the day of mailing. Effective date (4) The penalties and disabilities under subsections (1) and (2) take effect, (a) if the registered candidate does not apply under subsection (5), on the seventh day after the day the registered candidate receives notice under subsection (2); or (b) if the registered candidate applies under subsection (5) and the application is refused, on the day the application is refused. Application to judge (5) A registered candidate who receives a notice under subsection (2) may, within six days after the day of receiving the notice, apply to a judge of the Ontario Court (Provincial Division) for an order declaring that the failure to file the documents referred to in clause (1)(a) or exceeding the amount referred to in clause (1)(b) was done through inadvertence or by reason of an error in judgement made in good faith. Consequence of order (6) If the judge grants the order under subsection (5), the registered candidate is not subject to the penalties and disabilities under subsections (1) and (2). R.S.O. 1990, c.M.53, s.152.
Offence
153. (1) A registered candidate who, (a) files a financial statement, a report or a statutory declaration as required by section 150 that is either incorrect or does not comply with section 150 and fails to file a correction statement, report or declaration, as the case may be, within thirty days from the date the clerk files the statement under subsection 150(5); or (b) incurs campaign expenses in excess of the amount permitted under section 147, is guilty of an offence and on conviction, in addition to any other penalty, any office to which the registered candidate was elected shall be deemed vacant, the registered candidate shall forfeit the office and the registered candidate is ineligible to be elected to or to hold any office up to and including the next regular election. Relief (2) If the convicting court finds that the offence under subsection (1) was committed through inadvertence or by reason of an error in judgment made in good faith, the registered candidate is not subject to the penalties and disabilities under subsection (1). R.S.O. 1990, c.M.53, s.153.
Ineligibility
154. (1) If the financial statement, report or statutory declaration of a registered candidate who is not declared elected shows a surplus and the candidate fails to pay over the surplus to the clerk as required by section 151, the candidate is, in addition to any other penalty, ineligible to be nominated for or elected to any office or to hold any office for a period up to and including the next regular election, unless the candidate or chief financial officer has paid the surplus to the clerk. Office declared vacant (2) If the financial statement, report or statutory declaration of a registered candidate shows a surplus and the candidate fails to pay over the surplus to the clerk as required by section 151, the clerk shall notify in writing the candidate and the council, school board or local board, as the case may be, for which the candidate was registered to run for office, of the default and any office to which the candidate was elected shall be immediately declared vacant. Penalties unaffected by vacancy (3) The declaring of an office vacant does not relieve the candidate from any other penalty that may be imposed under this Act. R.S.O. 1990, c.M.53, s.154. Access to Documents
Inspection of documents
155. (1) Documents, financial statements, reports and declarations filed with the clerk under this Part are public records and may be inspected by any person upon request at the office of the clerk during normal office hours. Extracts and copies (2) Any person may make extracts from the statements, reports or declarations referred to in subsection (1) and is entitled to copies thereof upon payment for the preparation of the copies at such rate as the clerk charges for the preparation of copies of other documents. Not to be used for commercial solicitation (3) No individual, corporation or trade union shall use any of the information contained in any document filed with the clerk under this Part for the purposes of commercial solicitation. Section applicable to certain statements (4) This section applies to a statement prepared by the clerk that is required to be submitted to the council of the municipality, the school board or local board under subsection 150(5) or (9). R.S.O. 1990, c.M.53, s.155. Compliance Audit
Audit requested
156. (1) If, after the time for the filing of financial statements, reports or statutory declarations under section 150 has expired, an elector has reasonable grounds for believing that a registered candidate has contravened this Part, the elector may apply, in the prescribed form, to the clerk of the municipality with whom the registered candidate was registered under section 139, requesting that a compliance audit of the election campaign finances of the registered candidate be conducted. Service (2) Within five days of receiving an application under subsection (1), the clerk of the municipality shall, by personal service or registered mail, deliver a copy of the application to the clerk of the municipality or the secretary of the school board or of the local board, as the case may be, for which the registered candidate was registered as a candidate for office. Consideration of request (3) Within thirty days of receiving a copy of an application under subsection (2), the council of the municipality, the school board or the local board, as the case may be, shall consider the application and decide whether or not to appoint an auditor licensed under the Public Accountancy Act to conduct a compliance audit of the election campaign finances of the registered candidate. Resolution required (4) An appointment of the auditor under subsection (3) shall be in the form of a resolution. Appeal to Commission (5) If an application for a compliance audit is refused or the council, school board or local board, as the case may be, refuses or neglects to make a decision thereon within the thirty-day period under subsection (3), the elector may appeal to the Commission and the Commission shall consider the appeal and may appoint an auditor licensed under the Public Accountancy Act to conduct a compliance audit of the election campaign finances of the registered candidate. R.S.O. 1990, c.M.53, s.156.