jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definition of residence and similar expressions
2. (1) In this Act, “residence” and similar expressions used in relation to a person means the true, fixed, permanent home or lodging place to which whenever the person is absent he or she has the intention of returning, subject to the following rules: 1. The place where a person’s family resides is that person’s residence unless he or she takes up or continues his or her residence at some other place with the intention of remaining there, in which case he or she shall be deemed to be a resident of such other place. 2. The place where a person occupies a room or part of a room as a regular lodger or to which he or she habitually returns not having any other permanent lodging place shall be deemed to be his or her residence. Idem (2) Despite subsection (1), if a person does not have a residence described in subsection (1), the residence of that person means the place to which the person most frequently returns to sleep, or the place to which the person most frequently returns to eat, whichever is more frequented by that person or if frequented equally, the place in which the person sleeps, subject to the following rules: 1. Multiple returns to the same place during a single day whether to eat or to sleep shall be considered one return. 2. In determining whether a person should be enumerated as a resident or added to the preliminary list of electors under section 29, regard shall be had to the places the person slept and ate over the immediately preceding five-week period. 3. In determining whether a person should be issued a certificate to vote under section 36 or the name of a person should be entered on the polling list under section 61, regard shall be had to the places the person slept and ate during the qualification period under section 13. 4. In the absence of evidence to the contrary, an affidavit of a person regarding the places the person slept or ate during any time period is conclusive. R.S.O. 1990, c.M.53, s.2. Application of Act
Application of Act
3. Despite any other Act, this Act applies to and governs all elections, (a) to the offices of, (i) member of the council of a municipality, (ii) member of the council of a regional municipality where such office is required to be filled by a vote of the electors of one or more area municipalities, (iii) trustee of a police village, (iv) trustee, commissioner or other member of a local board whose members are to be elected at elections required by law to be conducted by the same officers and in the same manner as elections of members of the council of a municipality, (v) chair of the council of The Regional Municipality of Hamilton-Wentworth, (vi) chair of the council of The Regional Municipality of Ottawa-Carleton; (b) to obtain the assent of electors on any by-law required or authorized by law to be submitted for their assent at an election; and (c) to obtain the opinion of the electors on any question required or authorized by law to be submitted to the electors at an election. R.S.O. 1990, c.M.53, s.3; 1991, c.3, s.3(1). Election Officials
Returning and revising officer
4. (1) Except as otherwise provided in this section, the clerk of a municipality is the returning officer and revising officer for the purpose of the conduct of elections within the municipality or a part thereof. Returning officer in police village (2) For the purpose of elections of trustees of a police village, the clerk of the municipality in which the police village is located shall be the returning officer for the election and where the police village is located in two or more municipalities, (a) the nominations for trustees shall be filed with the clerk of the municipality having the largest number of electors of the police village who shall send to the clerk of each municipality concerned by registered mail within forty-eight hours after the closing of nominations the names of the candidates; and (b) the clerk of each other municipality in which part of the police village is located shall be the returning officer for the vote to be recorded in his or her municipality and he or she shall forthwith report the vote recorded to the returning officer referred to in clause (a) who shall prepare the final summary and announce the vote. Returning officer for school board (3) The clerks specified in the regulations under the Education Act shall be the returning officers for the election of the members of a school board. Returning officer, Hamilton-Wentworth (4) The clerk of the area municipality with the greatest number of electors shall be the returning officer for the election to the office of chair of the council of The Regional Municipality of Hamilton-Wentworth. R.S.O. 1990, c.M.53, s.4. Returning officer—Ottawa-Carleton (5) The clerks specified in the Regional Municipality of Ottawa-Carleton Act and in the regulations made under that Act shall be the returning officers for the election to the offices of chair and regional councillor of the council of The Regional Municipality of Ottawa-Carleton. 1994, c. 1, s. 23.
D.R.O. and poll clerk
5. (1) The clerk of every municipality shall for the purposes of an election appoint a deputy returning officer and a poll clerk for each polling place established in the municipality and, as far as is practicable, the deputy returning officers and poll clerks shall be appointed for polling places for the polling subdivisions in which they reside but no candidate or spouse of a candidate is eligible to be appointed as a deputy returning officer or poll clerk. Where unable to act (2) If a deputy returning officer or poll clerk signifies to the clerk that he or she will not act, the clerk shall appoint another person to act in his or her place. Non-attendance of D.R.O., poll clerk (3) If a deputy returning officer or poll clerk does not attend at the opening of the poll, the clerk shall appoint another person to act in his or her place. Where D.R.O. or poll clerk unable to perform duties (4) If a deputy returning officer or a poll clerk through illness or for any other reason becomes unable to perform his or her duties on polling day, the clerk shall appoint another person to act in his or her place. Assistants (5) The clerk may appoint election assistants, assistant returning officers and assistant revising officers to assist the clerk in the performance of his or her duties and provide for such clerical and other assistance as is necessary for such purpose, but no candidate or spouse of a candidate is eligible for any such appointment. Delegation by clerk (6) The clerk may in writing delegate to the assistant returning officers and assistant revising officers appointed under subsection (5) such of the clerk’s statutory rights and duties in relation to the preparation for and conduct of the election as he or she considers necessary. Duties of poll clerk (7) The poll clerk and an election assistant, if any, shall assist the deputy returning officer in the performance of the duties of his or her office and shall obey his or her orders. Oath (8) Every returning officer, deputy returning officer, poll clerk, election assistant, assistant returning officer, assistant revising officer, scrutineer, constable and other person authorized to attend at a polling place shall, before entering upon his or her duties, take and subscribe an oath in the prescribed form. Oath of D.R.O. (9) The appointment and oath of the deputy returning officer under subsection (8) shall be endorsed upon or attached to the polling list maintained by the poll clerk for the polling place for which he or she is appointed. Age of persons appointed (10) No person shall be appointed under this section who has not attained the age of eighteen years. R.S.O. 1990, c.M.53, s.5.
Who may administer oaths
6. (1) Except where otherwise provided, an oath may be administered by any person authorized by law to administer oaths in Ontario. Idem (2) The clerk may administer any oath required by this Act, and deputy returning officers, assistant returning officers and poll clerks may administer any such oath except an oath to be taken by the clerk. No charge (3) Every person administering an oath under or for the purposes of this Act shall administer the oath without charge. R.S.O. 1990, c.M.53, s.6.
Scrutineers appointed by candidate
7. (1) Each candidate may appoint in writing such number of persons who are at least sixteen years of age as he or she considers advisable as scrutineers to represent the candidate in a polling place and at the counting of votes under this Act. Limit on number present (2) Not more than one scrutineer representing each candidate may be present for any of the purposes specified in subsection (1) at any time. Scrutineers appointed by council (3) The council of a municipality may by resolution appoint as scrutineers in relation to voting on any by-law or question submitted to the electors at an election two persons to attend at the final summing up of the votes by the clerk and two persons to attend at each polling place, one such person in each case on behalf of the persons interested in and desirous of promoting the proposed by-law or voting in the affirmative on the question and the other such person on behalf of the persons interested in and desirous of opposing the proposed by-law or voting in the negative on the question. R.S.O. 1990, c.M.53, s.7.
Production of appointment
8. A person appointed as a scrutineer under section 7 before being admitted to a polling place shall, if so requested, produce and show his or her appointment to the deputy returning officer for the polling place. R.S.O. 1990, c.M.53, s.8. Costs of Election
Cost of election
9. (1) Except where otherwise specifically provided by this or any other Act, the cost of an election shall be borne by the municipality in which it is held and all costs shall be paid on certification of the clerk. Expenses of officers (2) The reasonable expenses incurred by a clerk or any other officer for printing, providing ballot boxes, ballot papers, materials for marking ballot papers, and balloting compartments, and for the transmission of packets, and reasonable fees and for allowances for services rendered under this Act or otherwise on account of an election shall be paid by the treasurer of the municipality to the persons entitled thereto. Expenses of by-election of local board (3) If the clerk of a municipality is required to conduct an election of a member or members of a local board other than at a regular election, the local board shall reimburse the treasurer of the municipality for the reasonable expenses incurred by the clerk in conducting the election. Payment (4) The local board shall pay the expenses under subsection (3) as soon as practicable after receiving a certificate verifying the amount of the expenses signed by the clerk of the municipality. R.S.O. 1990, c.M.53, s.9. Term of Office
Three-year term
10. (1) Despite any other Act and except where otherwise specifically provided in this Act, the term of office of all offices, the election to which is governed by this Act, shall be three years, commencing on the 1st day of December in an election year. Until new council organized (2) The holders of offices hold office until their successors are elected and the newly elected council or local board is organized. R.S.O. 1990, c.M.53, s.10. Triennial Elections
Election year
11. (1) An election shall be held in accordance with this Act in each municipality in the year 1991 and in every third year thereafter for the purpose of electing persons to offices. Vote on question, etc. (2) Where a by-law requires the assent or a question is authorized or required to be submitted to obtain the opinion of the electors, the vote thereon shall be taken at the next regular election unless otherwise provided by order of the Ontario Municipal Board or in the case of a question submitted under the Liquor Licence Act, unless the Liquor Licence Board approves the taking of the vote on some other day. R.S.O. 1990, c.M.53, s.11. Polling Day
Polling day
12. (1) Polling day in a regular election shall be the second Monday in November in each election year. Idem (2) Where polling day as specified in subsection (1) falls on a holiday, polling day shall be the next succeeding day that is not a holiday, but the day for the undertaking of any other proceeding pertaining to the election shall not be affected thereby. R.S.O. 1990, c.M.53, s.12. Qualification of Electors
Electors, resident
13. (1) A person is entitled to be an elector in a municipality if he or she is not disqualified under this or any other Act or otherwise prohibited by law from voting in the election and if, at any time during the period commencing on the Tuesday following the first Monday in September in an election year and ending on the Friday in October that precedes polling day by thirty-one days, he or she, (a) is a resident in such municipality; (b) is a Canadian citizen; and (c) has attained the age of eighteen years or on or before polling day will attain the age of eighteen years. Deeming provision (2) A person whose name is on the preliminary list is deemed to be entitled to be an elector unless there is evidence to the contrary. R.S.O. 1990, c.M.53, s.13.
Electors, non-resident
14. (1) A person is entitled to be an elector in a municipality if he or she is not disqualified under this or any other Act or otherwise prohibited by law from voting in the election and is not resident in such municipality at any time during the period commencing on the Tuesday following the first Monday in September in an election year and ending on the Friday in October that precedes polling day by thirty-one days, but at any time during such period, he or she, (a) is the owner or tenant of land in the municipality or the spouse of such an owner or tenant; (b) is a Canadian citizen; and (c) has attained the age of eighteen years or on or before polling day will attain the age of eighteen years. Deeming provision (2) A person whose name is on the preliminary list is deemed to be entitled to be an elector unless there is evidence to the contrary. R.S.O. 1990, c.M.53, s.14.
Disqualification
15. Every person who is an inmate in a penal or correctional institution under sentence of imprisonment is disqualified from voting. R.S.O. 1990, c.M.53, s.15.
Ineligibility to vote
16. No corporation, executor, trustee or, except as otherwise provided in this Act, any person acting in a representative capacity is eligible to vote in any election. R.S.O. 1990, c.M.53, s.16.
Evidence of citizenship
17. For the purpose of sections 13 and 14, a statutory declaration by a person claiming that he or she is a Canadian citizen is proof, in the absence of evidence to the contrary, of the fact declared to. R.S.O. 1990, c.M.53, s.17. QUALIFICATION OF ELECTORS TO VOTE   On Money by-laws
Who may vote on money by-laws
18. Every person entitled to be an elector in a municipality is entitled to be an elector to vote on a money by-law submitted for the assent of the electors of the municipality. R.S.O. 1990, c.M.53, s.18. Polling Subdivisions
Polling subdivisions
19. The clerk, on or before the date prescribed by the Minister of Revenue under the Assessment Act, shall divide or, when necessary for the purposes of section 20, redivide the municipality into polling subdivisions and, to enable the assessment commissioner to prepare the list referred to in section 21, the clerk shall forthwith after any such division or redivision inform the assessment commissioner of the boundaries of each subdivision. R.S.O. 1990, c.M.53, s.19.
Size
20. A polling subdivision shall not contain more than 500 electors or extend beyond the boundaries of one ward. R.S.O. 1990, c.M.53, s.20. Preparation of Enumeration List of Electors
Enumeration list
21. An assessment commissioner shall, on or before the 31st day of July in an election year, from the latest enumeration and from data received from other sources, compile for each polling subdivision in each municipality and locality in the assessment region an enumeration list containing the name and address of each person who meets the requirements for an elector under subsection 13(1) or subsection 14(1) and such list shall signify opposite the name of an elector, (a) who does not reside in the municipality, that he or she does not so reside; (b) who is enumerated as a Roman Catholic separate school supporter, that he or she is a separate school elector; (c) who is a Roman Catholic and the spouse of a Roman Catholic separate school supporter, that such spouse is a separate school elector; (d) who is enumerated as a separate school elector in accordance with the Education Act, that he or she is a separate school elector; (e) who is an owner or tenant of land in the municipality, that he or she is such an owner or tenant; (f) who is a separate school elector or a public school elector, that the elector has chosen to vote to elect members of the French-language section, or the English-language section, of a board under Part XIII of the Education Act; (g) who is an elector for the Roman Catholic or public sector of The Ottawa-Carleton French-language School Board under the Ottawa-Carleton French-Language School Board Act, that the elector is such an elector. R.S.O. 1990, c.M.53, s.21.
For polling subdivision where no wards
22. (1) In a municipality or locality that is not divided into wards, the name of an elector shall be entered on the enumeration list, (a) for the polling subdivision in which the elector resides; or (b) if the elector does not reside in the municipality or locality, for the polling subdivision in which the elector or the elector’s spouse is owner or tenant of land. For one polling subdivision only (2) The name of an elector shall not be entered under this section on the enumeration list for more than one polling subdivision. R.S.O. 1990, c.M.53, s.22.
For polling subdivision where wards
23. (1) In a municipality that is divided into wards, the name of an elector shall be entered on the enumeration list, (a) where the elector resides in the municipality, for the polling subdivision in which he or she resides; or (b) where the elector does not reside in the municipality, for a polling subdivision of a ward in which the elector or the elector’s spouse is the owner or tenant of land. For one polling subdivision (2) The name of an elector shall not be entered under this section in the enumeration list for more than one polling subdivision. R.S.O. 1990, c.M.53, s.23.
Delivery of enumeration list
24. (1) The assessment commissioner shall deliver the enumeration list to the clerk and, in respect of a locality, to the secretary of the school board on or before the 31st day of July in an election year. Proviso (2) Nothing in this or any other Act requires the assessment commissioner to enumerate a person whose residence is described under subsection 2(2). Format (3) At the written request of the clerk, the assessment commissioner may deliver the enumeration list under subsection (1) or an extract of the enumeration list under subsection (4) in a format that will facilitate the use of mechanical or electronic means in the printing or reproduction of the list. R.S.O. 1990, c. M.53, s. 24 (1-3). Provision of extracts of list (4) No later than August 31 in an election year, the assessment commissioner shall provide the secretary of every school board with extracts of the enumeration list based on the school support of electors in that election. Copy to registered candidate (5) A board shall, upon request, provide a copy of the extracts to any person who is a registered candidate as defined in section 138 or 163 and is registered to run in an election for the office of a member of a school board. Status of list (6) Extracts of the enumeration list are not official enumeration lists and are not subject to any revision. 1994, c. 27, s. 110 (1). (7)-(10) Repealed: 1994, c. 27, s. 110 (1).
Supplementary enumeration list
25. (1) The assessment commissioner may, before the 30th day of September in an election year, prepare and deliver a supplementary enumeration list to the clerk. Contents (2) The supplementary enumeration list shall be restricted to residents of on-campus residences of post-secondary educational institutions and to residents of a psychiatric hospital. Format (3) At the written request of the clerk, the assessment commissioner may deliver the supplementary enumeration list in a format that will facilitate the use of mechanical or electronic means in the printing or reproduction of the list. Name on supplementary list (4) A name on the supplementary enumeration list shall be deemed to be an application to include the name on the preliminary list filed with the clerk under section 30, and, in the absence of evidence to the contrary, the clerk shall treat it as a successful application and add the name to the preliminary list. Correction of list (5) Where it is apparent to the clerk that the list or part thereof delivered to the clerk under subsection (1) is not in conformity with the requirements for the polling subdivisions or that the list contains gross or manifest errors, the clerk may, before amending the preliminary list of electors under subsection (4), correct the list or part thereof and shall immediately notify the assessment commissioner of the corrections. Limitation (6) Sections 26, 27 and 28 do not apply to a supplementary enumeration list under this section. R.S.O. 1990, c.M.53, s.25.
Correction of list if manifest errors in it
26. (1) Where it is apparent to the clerk or the secretary of the school board that the list or part thereof delivered to him or her under section 24 is not in conformity with the requirements for the polling subdivisions or that the list contains gross or manifest errors, the clerk or the secretary, as the case may be, may, prior to the printing or reproduction of the list required under section 27, correct the list or part thereof and shall forthwith notify the assessment commissioner of such corrections. Revision of list (2) The list, as corrected under subsection (1), shall be revised in the office of the clerk or secretary, as the case may be, during normal office hours during the revision period under section 28, and at such other places and times as the clerk or secretary may determine. Mailing of notice of electoral status (3) On or before the 31st day of August in an election year, the assessment commissioner shall mail to each elector on the preliminary list, at the address shown in the list, (a) a notice in the form prescribed by the Minister of Revenue under the Assessment Act, stating the electoral status of the person, and stating that revisions to the list may be made in the office of the clerk or secretary, as the case may be, during normal office hours during the revision period under section 28; and (b) an application for revision of the list in the form prescribed. One mailing per address (4) If there is more than one elector at any address, only one notice is required to be sent to that address. R.S.O. 1990, c.M.53, s.26. Preliminary List of Electors
Printing of list
27. Immediately after receipt of the list of electors delivered by the assessment commissioner under section 24, the clerk or secretary of the school board referred to in the said section 24, after making corrections, if any, under section 26, shall, (a) cause the list to be printed or reproduced and such list shall be the preliminary list of electors; (b) where the clerk or secretary considers it appropriate, establish places at which and the times when revision of the list will be undertaken in addition to those described in subsection 26(2); (c) post notice of the date of the posting of the list, the last day for filing applications for revision of the list for the purpose of including names of electors who have not been included or of making additions or corrections to or deletions from the list, and the places and times at which the revision of the list will be undertaken in at least two conspicuous places in the municipality, and where there is a newspaper having general circulation in the municipality, publish the notice in the newspaper. R.S.O. 1990, c.M.53, s.27. Revision of Preliminary List of Electors
Revision of list
28. (1) Immediately after the printing or reproduction of the preliminary list of electors, the clerk shall post one copy of the list in a conspicuous place in the clerk’s office and in at least two other conspicuous public places in the municipality. Posting of list (2) On or before the first day of the revision period under subsection (3), copies of the preliminary list shall be posted and notice given under section 27. Revision period (3) The period for revision of the preliminary list of electors commences on the Tuesday following the first Monday in September in an election year and ends at 5 p.m. on the Friday in October that precedes polling day by thirty-one days. Notice affixed to list (4) The clerk shall affix to the outside or cover of each copy of the preliminary list of electors for an election a notice in prescribed form, over the clerk’s name, (a) stating that the list is a preliminary list of all electors for the election or is a preliminary list of all electors for the polling subdivision, as the case may be, prepared as required by this Act; (b) setting forth the date on which the list was posted up in the office of the clerk; (c) giving notice to all electors to examine the list for the purposes of making additions or corrections to or deletions from the list; and (d) stating the last day for filing applications concerning inclusions, additions, corrections or deletions. Copies of list (5) At the time of posting a notice under subsection (1), the clerk shall deliver or mail one copy of the preliminary list to, (a) the assessment commissioner; (b) the secretary of every local board the members of which are required to be elected at an election to be conducted by the clerk; (c) the clerk of the municipality responsible for conducting the elections in any combined area for school board purposes. Copies upon request (6) If the member of the House of Commons or the member of the Assembly representing the electoral district in which the municipality or any part thereof is situate makes a written request for the preliminary list, the clerk shall deliver or mail one copy of the list to that person. Registered candidate entitled to copies (7) Every registered candidate, as defined in section 138 or 163, is entitled to be provided by the clerk with two printed copies of that portion of the preliminary list of electors containing the names of the electors who are entitled to vote in the election for the office for which that registered candidate is registered. Format of list (8) At the written request of a registered candidate, the clerk may furnish the preliminary list of electors under subsection (7) in a format that will facilitate the use of mechanical or electronic means in the printing or reproduction of the list. R.S.O. 1990, c.M.53, s.28.
Revision of list
29. (1) The clerk or an assistant revising officer shall attend at the revision of the preliminary list and shall continue to do so from day to day or as required until all applications filed on or before the last day for filing applications for revision of the list have been disposed of. When applications may be considered (2) Although the time for filing applications for revision of the preliminary list under section 28 has not expired, the clerk may proceed to consider such applications as from time to time may be received and may determine and dispose of them. R.S.O. 1990, c.M.53, s.29.
Decision final
32. Subject to section 36 or 61, the decision of the clerk or assistant revising officer to enter on or delete the name of a person as an elector from the preliminary list of electors is final for the purposes of this Act. R.S.O. 1990, c.M.53, s.32.
Statement of changes
33. (1) Upon the determination of all applications for revision of the preliminary list filed on or before the last day for filing applications, the clerk shall compile a statement of changes to the list including deletions and additions. Idem (2) The statement shall set out the full name and address of each person who is the subject of the addition, change or deletion. Distribution of statement (3) The clerk shall, within ten days after nomination day, send a certified copy of the statement to each person who was provided with a copy of the preliminary list under subsection 28(5) or (6) and shall provide two certified copies of the statement to every candidate for office. R.S.O. 1990, c.M.53, s.33. Polling List
Polling list
34. After compilation of the statement of additions, changes and deletions required under section 33, the clerk shall prepare the polling list of electors for each polling subdivision in his or her municipality by making the appropriate changes in the preliminary list in accordance with the statement and shall certify the list as so revised. R.S.O. 1990, c.M.53, s.34.
Only persons in list entitled to vote
35. Except as provided in sections 36, 56 and 61, no person is entitled to vote at an election unless the person’s name appears on the polling list certified under section 34 for the polling subdivision in which the person tenders his or her vote. R.S.O. 1990, c.M.53, s.35.
Entry of name on list by D.R.O.
36. (1) If a person whose name is omitted from a polling list certified under section 34, at any time after preparation of the polling list and prior to the closing of the poll, satisfies the clerk of the municipality on oath that the person was entitled to be an elector under section 13 or 14 and to have his or her name entered on the preliminary list for the municipality, the clerk may issue a certificate in the prescribed form authorizing the deputy returning officer for the proper polling subdivision to enter the name of the elector on the polling list for the subdivision and to permit such person to vote, but the vote must be cast before the closing of the poll. Idem (2) Where the name of a person is omitted from the polling list as finally revised and the person satisfies the clerk of the municipality on oath that the person was under section 13 or 14 otherwise entitled to be an elector and to be entered on the preliminary list except that he or she was not a Canadian citizen, if the person produces for the inspection of the clerk a certificate of naturalization or other conclusive evidence that he or she is a Canadian citizen, the clerk may issue a certificate authorizing the proper deputy returning officer to enter the name of the person on the polling list to entitle the person to vote as if his or her name had been entered thereon before the list was revised. Identification (3) For the purpose of establishing the identity of a person under subsection (1) or (2), the clerk may require the person to provide personal identification satisfactory to the clerk and, in the absence of that identification, the clerk may refuse to issue a certificate. Certificate to be produced (4) A person is not entitled to vote under this section unless at the time the person requests a ballot he or she produces and files with the deputy returning officer the certificate given by the clerk under subsection (1) or (2). Entry on polling list (5) The deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of the person voting under the authority of a certificate issued under this section. Certificates to be kept in separate envelope (6) The deputy returning officer shall enclose all certificates to which this section applies in one envelope. R.S.O. 1990, c.M.53, s.36. Nominations
Who may be nominated
37. Any person, who is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold an office, may be nominated as a candidate for that office if he or she, (a) is qualified to hold that office under an Act constituting the office; and (b) is registered for that office under section 139 or 168 of this Act. R.S.O. 1990, c.M.53, s.37.
Nomination day
38. (1) Nomination day for a regular election is Friday, the thirty-first day before polling day. Period for nomination (2) Persons may be nominated as candidates in an election between 9 a.m. and 5 p.m. on nomination day, but nothing in this section prevents a person from filing a nomination paper with the clerk during normal office hours during the period from Tuesday to Thursday inclusive immediately preceding nomination day. Notice of time for filing nominations (3) The clerk shall, at least seven days prior to nomination day, post in at least two conspicuous places in the municipality notice of the date and times for filing nominations and of the offices for which persons may be nominated as candidates in the election, and, where there is a newspaper having general circulation in the municipality, publish at least seven days prior to nomination day the notice in the newspaper. R.S.O. 1990, c.M.53, s.38.
How nominated
39. (1) A person who is qualified under section 37 may be nominated as a candidate for an office by filing, either personally or through his or her agent, in the office of the clerk, on the days and during the hours specified in subsection 38(2), a nomination paper in prescribed form which, (a) shall be signed by at least ten electors whose names are entered on the preliminary list of electors or who have made application to have their names included on the list and who are entitled to vote in the election to such office; (b) shall state the name and address of the person nominated in such manner as will identify the person and the office for which he or she is nominated; and (c) shall state the name and address of each elector signing the nomination paper and, where the office for which the person is nominated is a member of a school board, that such nominator is a public school elector, a separate school elector, an English language public school elector, an English language separate school elector, a French language public school elector or a French language separate school elector, as the case may be. What address to be shown (2) The address referred to in clauses (1)(b) and (c) shall be the address within the municipality of the person nominated or the elector signing the nomination paper, as the case may be. Consent and declaration to be filed (3) No nomination is valid unless there is filed with the nomination paper a consent in writing to the nomination and a declaration of qualification in the prescribed form by the person nominated. Separate nomination papers (4) Each person to be nominated for election to an office shall be nominated by a separate nomination paper, but an elector may sign more than one nomination paper for the same person and the nomination papers of more than one person. Possession of nomination paper by clerk (5) After a nomination paper is certified by the clerk, it shall remain in the possession of the clerk but shall be open to inspection by any person during the normal office hours of the clerk. Onus on person nominated (6) The onus is on the person nominated for election to an office to file a nomination paper. Determination as to type of elector (7) For the purposes of this section, the determination as to whether an elector is a public school elector, a separate school elector, an English language public school elector, an English language separate school elector, a French language public school elector or a French language separate school elector shall be in accordance with the electoral status indicated on the enumeration list delivered to the clerk under section 24, as revised under section 28. R.S.O. 1990, c.M.53, s.39.
Election on death of candidate
41. (1) If as a result of a candidate nominated for election to an office dying before the close of the poll for the election, (a) a person would be elected by acclamation to the office, the election to such office is void and a new election shall be held to fill the office; or (b) no person would be elected by acclamation to the office, the name of the deceased candidate shall be omitted from the ballots or, if the ballots have already been printed, the clerk shall cause notice of the death of the candidate to be posted up in a conspicuous place in every polling place and the election shall be proceeded with as if the deceased candidate had not been nominated. Death of candidate for head of council (2) Despite subsection (1), if a candidate nominated for election to the office of the head of the council of a municipality dies before the close of the poll for the election and, (a) prior to 5 o’clock on the afternoon of nomination day, additional nominations for the office may be filed in the office of the clerk on the Wednesday following nomination day between the hours of 9 o’clock in the forenoon and 5 o’clock in the afternoon and the provisions of subsection 40(5) apply with necessary modifications as though the additional nomination papers had been filed on nomination day; or (b) after 5 o’clock on the afternoon of nomination day, the election to the office is void and a new election shall be held to fill the office. R.S.O. 1990, c.M.53, s.41. Withdrawal of Nominations
Withdrawal
42. (1) A person nominated as a candidate in an election may withdraw his or her nomination by instrument in writing, verified by his or her affidavit, and delivered to the clerk before 5 p.m. on the first day following nomination day that is not a Saturday or a holiday. Where nominated for more than one office (2) A person who has been nominated for more than one office may withdraw from one or more offices by filing a written withdrawal with the clerk in his or her office before 5 p.m. on the first day following nomination day that is not a Saturday or a holiday and in default the person shall be deemed to be nominated for the office for which he or she was first nominated and to have withdrawn the nomination for any other office. R.S.O. 1990, c.M.53, s.42. Acclamations
Filling vacancies by appointment
43.1 (1) If a vacancy occurs in the circumstances described in clause 43 (4.1) (b), the members declared to be elected under subsection 43 (1), (2) or (3) to represent the electoral group may appoint a person to fill the vacancy at a meeting of the members representing the electoral group called for that purpose. Qualifications of appointee (2) A person appointed under subsection (1) must be qualified to be elected as a member of the school board representing the electoral group and must, prior to the appointment, have consented to accept the office if he or she is appointed. Where vote required (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 the vacancy. Right to vote (4) No member other than a member declared to be elected to represent the electoral group within which the vacancy occurred shall vote in a vote held under subsection (3), (6) or (7). Majority vote required (5) If a vote is held under subsection (3), the person who receives the most votes shall fill the vacancy so long as the person receives more than half the votes. If no majority vote obtained (6) If the person who received the greatest number of votes does not receive more than half the votes, the secretary of the school board shall take another vote to fill the vacancy and exclude the person who received the fewest number of votes in the previous vote as a candidate in the subsequent vote. Same (7) Subsequent votes shall be held in accordance with subsection (6) until the candidate receiving the greatest number of votes has also received more than half of the votes. If tie vote (8) If a vote under this section results in an equal number of votes being given to all remaining persons nominated to fill the vacancy, the secretary of the school board shall, (a) select one person by lot to be excluded from the subsequent vote, if there are three or more persons remaining as candidates to fill the vacancy; or (b) select the person to fill the vacancy by lot, if only two persons remain as candidates to fill the vacancy. Selection by lot (9) For the purposes of subsection (8), the secretary shall select a person by lot by placing the names of the persons remaining as candidates to fill a vacancy on equal size pieces of paper, placing the pieces of paper in a box and choosing a person to draw one of the pieces of paper from the box. 1994, c. 27, s. 110 (4). Notice of Poll
Poll required
44. (1) Where more candidates are nominated for election to an office than the number required to fill that office, the clerk shall hold a poll to elect the holder of that office. Notice of poll (2) Notice of the time and the date for the holding of the poll in an election, including the advance poll, and notice of the last day for making application to the clerk for a certificate to vote by proxy shall be given by the clerk forthwith after it has been determined that a poll is required by posting the notice in at least two conspicuous places in the municipality and, where there is a newspaper having general circulation in the municipality, by publishing the notice in the newspaper. R.S.O. 1990, c.M.53, s.44. Voting by Ballot
Voting by ballot
45. If a poll is held in an election, the votes shall be given by ballot. R.S.O. 1990, c.M.53, s.45. Use of Voting Devices
Use of voting devices
46. (1) The council of a municipality may, by by-law passed on or before the 1st day of April in an election year, authorize the use at elections of voting machines, voting recorders, optical scanning vote tabulators or other voting devices for the purposes of voting or counting votes and a copy of the by-law shall be forwarded by the clerk of the municipality to the Minister promptly after it is passed. Repealing of by-law (2) A by-law passed under subsection (1) or a predecessor thereof shall remain in force until repealed by the council of the municipality, but no such repealing by-law shall take effect for the purposes of the election next following its passage unless the repealing by-law is passed on or before the 1st day of April in the year in which the election is held. Order of Minister (3) Despite any other provision of this Act, if a municipality passes a by-law under subsection (1), the Minister may by order provide for those matters which, in the opinion of the Minister, are necessary to conduct the election by the use of the equipment described in the by-law, including, (a) the form of the ballot; (b) directions for the marking of a ballot by an elector; (c) directions for the voting procedures to be used including the procedures for, (i) the taking of the votes, (ii) the examination of the ballots, by machine or otherwise, to determine which ballots or votes should be rejected, (iii) the counting, by machine or otherwise, of the votes, and (iv) the recounting, by machine or otherwise, of the votes. Conflicts (4) An order under subsection (3) may establish different procedures and mechanisms for carrying out the elections than are established under this Act and, in the event of a conflict between the order and this Act, the order shall prevail. R.S.O. 1990, c.M.53, s.46.
Application to court
47. (1) If, in any election, an elector has reasonable grounds for believing that the validity of the election is in doubt because of problems related to the use of equipment described in an order under subsection 46(3), the elector may make an application to a judge of the Ontario Court (Provincial Division) for a determination as to whether a recount should be held. Procedures (2) Subsections 93(2) to (8) apply with necessary modifications to an application under subsection (1). Contents of order (3) An order of a judge requiring a recount to be held shall provide that the recount be conducted by equipment in accordance with an order under subsection 46(3) or manually in accordance with this Act. Idem (4) Despite subsection (3), the judge may require that the recount be conducted in such manner and on such terms as specified in the order and these requirements may differ from the method of conducting a recount established in an order under subsection 46(3) or established under this Act. Restriction (5) Except as provided in this section, no proceedings may be commenced to request a recount due to problems related to the use of equipment described in an order under subsection 46(3). R.S.O. 1990, c.M.53, s.47. Preparation and Form of Ballot
Composite ballots
50. (1) In place of using separate ballots under this Act, the council of a municipality may, by by-law passed prior to the 1st day of October in an election year, authorize the use at a municipal election of composite ballots in such form, subject to subsections 48(1) to (9), as the by-law prescribes. Contents (2) A composite ballot may contain, (a) the names of candidates for the offices of member of council, member of a school board, member of a public utility commission or member of any other board, commission or body the members of which are required to be elected by the electors of the municipality or for any one or more of such offices; and (b) any by-law or question authorized or required by law to be submitted to the electors for their assent or opinion. Not to be given to elector not entitled to vote for office on ballot (3) No elector shall be given a composite ballot containing the names of candidates for an office or containing a question or by-law for which the elector is not entitled to vote. By-law in force until repealed (4) A by-law passed under this section remains in force from year to year until repealed. R.S.O. 1990, c.M.53, s.50. Polling Places
Special polling places
52. (1) A polling place shall be provided in or upon the premises of an institution located in a municipality that is, (a) an institution for the reception, treatment or vocational training of persons who have served or are serving in the Canadian Forces; (b) an institution which has twenty or more beds occupied by persons who are disabled; (c) an institution, including a hospital, a psychiatric facility, a home for the aged and a nursing home, which has twenty or more beds occupied by persons who are chronically ill or infirm; or (d) a retirement home which has fifty or more beds occupied. Interpretation (2) In subsection (1), a bed shall be deemed to be occupied if it is occupied on nomination day. Attendance upon patients to take vote (3) Where a patient of the hospital or other institution is bed-ridden or is unable to walk, it is lawful for the deputy returning officer and poll clerk with the candidates or their scrutineers to attend upon the person for the purpose of receiving his or her ballot, but no candidate or scrutineer shall be present where the ballot of any such voter is marked under section 69. R.S.O. 1990, c.M.53, s.52. Supplies and Equipment for Polling Places
Supplies for polling place
53. (1) The clerk shall, before polling day, cause to be delivered to every deputy returning officer in the clerk’s municipality, (a) a ballot box for his or her polling place; (b) a sufficient number of ballots to supply the electors on the polling list of his or her polling place; (c) a sufficient number of the prescribed directions for the guidance of electors for the purposes of the polling place; (d) two copies of the polling list for the polling place; (e) all materials necessary for electors to mark their ballots; and (f) such other materials as are prescribed. Ballot box (2) A ballot box shall be made of durable material and constructed so that the ballots can be deposited therein and cannot be withdrawn without the box being unsealed or being unsealed and unlocked, as the case may be. Clerk to certify number of ballots (3) When delivering the ballots for a polling place to a deputy returning officer, the clerk shall certify the number of ballots so delivered and upon receiving them the deputy returning officer shall make a count of the ballots and forward the prescribed receipt therefor to the clerk, and shall keep the certificate for return to the clerk with the other documents required to be returned to the clerk under section 84. Directions to be placarded (4) Every deputy returning officer before opening the poll or immediately after he or she has received the printed directions from the clerk, if they were not received before opening the poll, shall cause them to be placarded outside the polling place and in every compartment of the polling place, and shall see that they remain so placarded until the close of the polling. R.S.O. 1990, c.M.53, s.53. Where and How Often Electors May Vote