Municipal Elections Act, 1996	Bill 212	How does this proposed amendment affect the election process for 2010? (Note:  If there is no comment beside a specific section - no change as a result of Bill 212)
	Proposed Amendments
Residence	Section 2 of the Act is amended by adding the following subsection:	Provides the ability for students who are temporarily residing in the local municipality for educational purposes to vote in the municipal election as well as vote from their permanent place of residence as long as it is not in the same municipality.
2. (1) For the purposes of this Act, a person’s residence is the permanent lodging place to which, whenever absent, he or she intends to return. 1996, c. 32, Sched., s. 2 (1).
Rules	Exception, students
(2) The following rules apply in determining a person’s residence:
1.    A person may only have one residence at a time.	(2.1) Despite paragraph 1 of subsection (2), a person may have residences in two local municipalities at the same time if,
2.    The place where a person’s family resides is also his or her residence, unless he or she moves elsewhere with the intention of changing his or her permanent lodging place.	(a)     the person lives in one of the local municipalities in order to attend an educational institution, but not with the intention of changing his or her permanent lodging place; and
3.   If a person has no other permanent lodging place, the place where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns is his or her residence. 1996, c. 32, Sched., s. 2 (2).	(b)     the person’s permanent lodging place is in the other local municipality.
Voting day
5.  Voting day in a regular election is the second Monday in November, subject to section 10. 1996, c. 32, Sched., s. 5.	Section 5 of the Act is amended by striking out“ second Monday in November” and substituting “fourth Monday in October”.	For the purposes of the 2010 Municipal Elections, Voting Day will be October 25, 2010
Submission of By-laws and questions Restriction	Subsection 8 (5.1) of the Act is amended by striking out “September 1” in the portion before clause (a) and substituting “June 1”.	In order to submit a question to the electors for the regular election, the decision must be made on or before June 1st in the election year
(5.1)  For the purposes of a regular election, the clerk who is responsible for conducting the election is not required to submit a by-law or question to the electors unless on or before September 1 of the election year,
(a) in the case of a question of the Minister, the order under subsection (3) is transmitted to the clerk;
(b) in the case of a by-law or question of an upper-tier municipality, subsection (4) is complied with;
(c) in the case of a question of a local board, subsection (5) is complied with; or
(d) despite the Fluoridation Act, in the case of a petition under the Fluoridation Act, the petition is transmitted to the clerk. 2002, c. 17, Sched. D, s. 3.
Powers of clerk                                                                        12.  (1)  A clerk who is responsible for conducting an election may provide for any matter or procedure that,	The Act is amended by adding the following section: Electors and candidates with disabilities	The Clerk shall have regard to the needs of electors and candidates with disabilities.
(a) is not otherwise provided for in an Act or regulation; and	12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities.
(b) in the clerk’s opinion, is necessary or desirable for conducting the election. 1996, c. 32, Sched., s. 12 (1).
	Report	The Clerk will be required to issue a report to Council within 90 days after the regular election outlining the steps taken to identify, remove and prevent barriers that affect electors and candidates with disabilities.
	(2) Within 90 days after voting day in a regular election, the clerk shall submit a report to council about the identification, removal and prevention of barriers that affect electors and candidates with disabilities.
Preliminary list	Subsection 19 (1) of the Act is repealed and the following substituted:
19.  (1)  On or before July 31 in the year of a regular election, or such later deadline as the Minister may prescribe either before or after the July 31 deadline has passed, the Municipal Property Assessment Corporation shall prepare a preliminary list for each local municipality and deliver it to the clerk. 2000, c. 5, s. 30; 2001, c. 8, s. 208 (1).	Preliminary list                                                                                                              (1)    In the year of a regular election, the Municipal Property Assessment Corporation shall prepare a preliminary list for each local municipality and deliver it to the clerk.	The Municipal Property Assessment Corporation (MPAC) shall prepare a preliminary list for each municipality and deliver it to the clerk at a date agreed upon between and the clerk.
	Deadline
	(1.1) The preliminary list must be delivered to the clerk no later than the following date:
	1. The date agreed upon by the clerk and the Municipal Property Assessment Corporation, which must be a date earlier than September 1.	Must be earlier than September 1st.
	2. If no date is agreed upon, the date prescribed by the Minister.	If a date cannot be agreed upon, the Minister may prescribe a date.
	3.  If no date is agreed upon or prescribed, July 31	If a date is not agreed upon or prescribed by the Minister, the date shall be July 31.
	Subsection 19 (3) of the Act is repealed and the following substituted:
Data	Data
19. (3)  The preliminary list may be based on data from any source, including the most recent enumeration under the Assessment Act. 1996, c. 32, Sched., s. 19 (3).	(3) The preliminary list may be based on data from any source, including,
	(a)     the most recent enumeration under the Assessment Act; and                                        (b)     information from the records in the office of the Registrar General regarding the registration of births, deaths and changes of name made under the Vital Statistics Act and the Change of Name Act.	In addition to compiling the preliminary list from the most recent enumeration MPAC will be permitted to use this additional data currently under the custody and control of the Registrar General.  The Registrar General will be permitted to release this information for the purpose of compiling the preliminary list of electors.
Preliminary List (cont'd)	Authority                                                                                                                (3.1) If the Registrar General and the Municipal Property Assessment Corporation enter into an agreement governing the disclosure of the information described in clause (3) (b) by the Registrar General to the Corporation and governing the collection, use and disclosure of the information by the Corporation,	MPAC will be able to enter into an agreement with the Registrar General to obtain information under the Vital Stats Act and the Name Change Act.
	(a)     the Registrar General is authorized to disclose the information to the Corporation for the purpose of complying with the agreement; and
	(b)     the Corporation is authorized to collect, use and disclose the information in accordance with the agreement.
	Same
	(3.2) The agreement between the Registrar General and the Municipal Property Assessment Corporation must contain the terms and conditions that the Registrar General considers appropriate with respect to,	Agreement to include terms and conditions for collection, use and disclosure of information, as well as retention & destruction of information.
	(a)     the use that the Corporation may make of the in-formation;
	(b)     the protection of the information, including the retention and destruction of the information; and
	(c)     measures to verify that the Corporation complies with the agreement.
	Same
	(3.3) The agreement may provide for the payment of fees.	The agreement reached between MPAC and the Registrar General may include the payment of fees for the service.
	Same
	(3.4) Any disclosure of personal information that is authorized under this section is deemed to comply with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.	The release of this information will be deemed to comply with the provisions of the Municipal Freedom of Information and Privacy Act.
Preliminary List
Correction of errors	Section 22 of the Act is amended by adding the following subsections:	With the ability to use information under the custody or control of the municipality it is anticipated that this should enhance the Clerk’s ability to improve the quality of the voters’ list.
22.  The clerk may correct any obvious error in the preliminary list and shall notify the Municipal Property Assessment Corporation of the corrections. 1996, c. 32, Sched., s. 22; 2006, c. 33, Sched. Z.3, s. 18 (3).	Same
	(2) For the purposes of subsection (1), the clerk may use any information that is in the local municipality’s custody or control.
	Same
	(3) Information in the local municipality’s custody or control that is used by the clerk for the purposes of sub-section (1) is deemed to have been collected for the purpose of correcting errors in the preliminary list.
Nomination day	Section 31 of the Act is amended by striking out “Friday, the 45th day before voting day” and substituting “the second Friday in September in the year of the election”.	For the purpose of the 2010 Municipal Elections, the last day to file a Nomination Paper will be September 10, 2010.
31.  Nomination day for a regular election is Friday, the 45th day before voting day. 2002, c. 17, Sched. D, s. 10.
Nomination Papers	Clause 33 (4) (b) of the Act is amended by striking out “between 9 a.m. and 5 p.m.” and substituting “between 9 a.m. and 2 p.m.”	For the purpose of the 2010 Municipal Elections, Nomination Papers will be accepted commencing January 4 during regular office hours and until September 10 from 9:00 a.m. to 2:00 p.m.
Time for filing
(4)  The nomination may be filed,
(a)  on any day in the year of the regular election that is before nomination day, at a time when the clerk’s office is open; or
(b) on nomination day, between 9 a.m. and 5 p.m. 1996, c. 32, Sched., s. 33 (4).
	Certificate of permitted amount of expenses, as of filing of nomination
	33.0.1 (1) Upon the filing of a person’s nomination, the clerk shall calculate the applicable maximum amount of the person’s expenses for the purposes of subsection 76(4), as of the filing date, using the number of electors referred to in clause 76 (6) (a), and shall give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount as of the filing date.	When a person files a Nomination Paper, the Clerk’s Office shall provide the person, or his agent, with the campaign-spending limit calculated as prescribed and using the number of electors used for the previous election for the same office.  The Clerk’s Office shall re-calculate the campaign-spending limit after Nomination Day and re-issue a certificate.  Whichever spending amount calculated is greater shall be the final campaign spending limit.
	Calculation final
	(2) The clerk’s calculation is final.
Withdrawal of nominations	Section 36 of the Act is repealed and following substituted:	The final day for a person to withdraw his or her nomination paper will be September 10, 2010 – no later than 2:00 p.m.
36.  A person may withdraw his or her nomination by filing a written withdrawal in the clerk’s office,	Withdrawal of nominations                                                                        36. A person may withdraw his or her nomination by filing a written withdrawal in the clerk’s office,
(a) before 5 p.m. on the Monday following nomination day, if the person was nominated on or before nomination day;	(a) before 2 p.m. on nomination day, if the person was nominated under subsection 33 (4);
(b) before 5 p.m. on the Thursday following nomination day, if the person was nominated under subsection 33 (5). 1996, c. 32, Sched	(b) before 2 p.m. on the Wednesday following nomination day, if the person was nominated under sub-section 33 (5).
By-laws re voting and vote counting equipment, alternative voting methods	Subsections 42 (2), (3) and (4) of the Act are repealed and the following substituted:
Application of by-law                                                                                (2)  A by-law passed under subsection (1) or under a predecessor of it applies to all elections for which voting day is more than 60 days after the by-law is passed. 1996, c. 32, Sched., s. 42 (2).	Application of by-law                                                                             (2) A by-law passed under subsection (1) or under a predecessor of it, (a)     applies to a regular election if the by-                                       law is passed on or before June 1 in the year of the election; and                                                                    (b)     applies to a by-election if the by-law is passed more than 60 days before voting day.	By-law 2003-275 authorizing the use of vote counting equipment applies until it is repealed.
Vote Counting Equipment Procedures and forms	Procedures and forms (3)  The clerk shall,
(3) The clerk shall, in the case of a regular election, by September 1 and, in the case of a by-election, at least 30 days before the first day an elector can vote,
(a) establish procedures and forms for the use of,	(a) establish procedures and forms for the use of,	The Clerk shall establish procedures and forms for the use of the vote counting equipment and provide all procedures and forms to each candidate by June 1, 2010.
(i) any voting and vote-counting equipment authorized by by-law, and	(i)                   any voting and vote-counting equipment authorized by by-law, and
(ii) any alternative voting method authorized by by-law; and	(ii)               (ii) any alternative voting method authorized by by-law; and
(b) provide a copy of the procedures and forms to each candidate. 1996, c. 32, Sched., s. 42 (3); 2002, c. 17, Sched. D, s. 14.	(b) provide a copy of the procedures and forms to each candidate.
Conflict
(4)  The procedures and forms established by the clerk, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it. 1996, c. 32, Sched., s. 42 (4).	Same                                                                              (4) The following rules apply with respect to the clerk’s duties under subsection (3):
	1. The clerk shall comply with subsection (3),
	i.                     in the case of a regular election, on or before June 1, and
	ii.                   in the case of a by-election, at least 60 days before the first day on which an elector can vote.
	2. The procedures and forms, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it.	The Clerk's procedures shall prevail if they are consistent with principles of this Act.
	3. Without limiting the generality of clause (3)(a),
	procedures for the use of vote-counting equipment may provide that,
	i.                     at the time when and in the place where the votes are being counted, there shall be no more than one scrutineer for each certified candidate for each piece of vote-counting equipment, and	The procedure established by the Clerk may provide that there shall be no more than one scrutineer per candidate per voting machine.
	ii.                  at a recount, the persons referred to in subsection 61 (5) are not entitled to examine each ballot as the votes are being counted by the clerk.	Should there be a recount persons are not entitled to view the ballots as the clerk is counting the votes.
Number and location of voting places	Subsection 45 (2) of the Act is repealed and the following substituted:	In previous municipal elections the Clerk's Office endeavoured to ensure that all voting places were accessible to electors with disabilities.  The Clerk’s Office shall continue to ensure that each voting place is accessible to electors with disabilities using the Ontarians with Disabilities Act (ODA) guidelines.
Special needs	Accessibility
45. (2) In choosing a location for a voting place, the clerk shall have regard to the needs of electors with disabilities. 2001, c. 32, s. 30 (2).	(2) In establishing the locations of voting places, the clerk shall ensure that each voting place is accessible to electors with disabilities.
Voting procedure	Paragraph 1 of subsection 52 (1) of the Act is repealed and the following substituted:
52.  (1) The following procedure shall be followed when a person enters a voting place and requests a ballot:	1.       Subject to paragraph 3, the deputy returning officer shall give the person a ballot only if,
1. Subject to paragraph 3, the deputy returning officer shall give the person a ballot only if satisfied that the person is entitled to vote at the voting place.	i.                     the deputy returning officer is satisfied that the person is entitled to vote at the voting place, and                                                                     ii. the person presents the prescribed proof of identity and residence or completes an application in the prescribed form, including a statutory declaration that he or she is the elector shown on the voters’ list.	Regulation has not yet been enacted detailing what type of documentation will be prescribed to prove identity and residency. Ministry staff have indicated that photo identification will not be a requirement, and that the regulation will be consistent with existing federal and provincial requirements.
		In lieu of documentation the Legislation does permit a person to complete an application, including a statutory declaration that he or she is the elector shown on the voters’ list.
Election Campaign Period
68. (1) For the purposes of this Act, a candidate’s election campaign period for an office shall be determined in accordance with the following rules:	Subparagraph 4 i of subsection 68 (1) of the Act is repealed and the following substituted:
4.   Despite rules 2 and 3, if the candidate has a deficit at the time the election campaign period would otherwise end and the candidate notifies the clerk in writing on or before December 31 in the case of a regular election and 45 days after voting day in the case of a by-election, the campaign period is extended and is deemed to have run continuously from the date of nomination until the earliest of,	i. the following June 30, in the case of a regular election,	A campaign period that has been extended due to a deficit will end on or before June 30, 2011.
i. the following December 31 in the case of a regular election and the end of the 12-month period following the 45th day after voting day in the case of a by-election,
Maximum, each candidate
71.  (1) A contributor shall not make contributions exceeding a total of $750 to any one candidate in an election. 1996, c. 32, Sched., s. 71 (1).	Section 71 of the Act is amended by adding the following subsection:	A contributor may not contribute more than $750 to any one candidate nor more than $5,000 to all candidates within a single council or school board jurisdiction. A contributor who exceeds limit is subject to penalty.
Exception, candidates and spouses                                        (3)  Subsections (1) and (2) do not apply to contributions made to a candidate’s own election campaign by the candidate or his or her spouse. 1996, c. 32, Sched., s. 71 (3); 1999, c. 6, s. 43 (6); 2005, c. 5, s. 46 (6).	Multiple candidates                                                               (2.1) A contributor shall not make contributions exceeding a total of $5,000 to two or more candidates for office on the same council or local board.
	Exception, candidates and spouses
	Subsection 71 (3) of the Act is amended by striking out “Subsections (1) and (2) do not apply” at the beginning and substituting “Subsections (1), (2)and (2.1) do not apply”.	This limitation does not apply to contributions made to a candidate’s own campaign by the candidate or his or her spouse.
Expenses
76. (1) An expense shall not be incurred by or on behalf of a person unless he or she is a candidate. 1996, c. 32, Sched., s. 76 (1).	Section 76 of the Act is amended by adding the following subsection:
Maximum amount	Prescribed formula
(4) During the period that begins on the day a candidate is nominated under section 33 and ends on voting day, his or her expenses shall not exceed an amount calculated in accordance with the prescribed formula. 1996, c. 32, Sched., s. 76 (4).	(4.1) The prescribed formula must be written so that the amount calculated under it varies based on the number of electors entitled to vote for the office for which the candidate is nominated.	Formula for determining shall vary depending upon the number of electors entitled to vote for the office for which the candidate is nominated.  Formula will be prescribed by Regulation.
Exception                                                                                  (5) Subsection (4) does not apply in respect of expenses described in paragraphs 3 to 9 of subsection 67 (2). 1996, c. 32, Sched., s. 76 (5).	Subsection 76 (5) of the Act is amended by striking out “paragraphs 3 to 9” and substituting “paragraphs 5 to 8.2”.	The list of expenses that are not subject to the spending limit is revised. Accounting and audit expenses and interest on loans are subject to the campaign spending limit. Expenses relating to a compliance audit and a candidate's disability are not included in the spending limit.
Number of electors
	Subsection 76 (6) of the Act is repealed and the following substituted:
(6) For the purpose of subsection (4), the number of electors shall be determined from the voters’ list as it exists on nomination day, adjusted for applications under sections 24 and 25 that are approved as of that day. 1996, c. 32, Sched., s. 76 (6).	Number of electors                                                                                            (6) For the purpose of subsection (4), the number of electors is the greater of,
	(a) the number determined from the voters’ list from the previous election, as it existed on nomination day of the previous election, adjusted for applications under sections 24 and 25 that were approved as of that day; and	When determining the campaign spending limit the final number of electors used in the formula shall be the number of electors used in the spending formula from the previous election, or, shall be the number of electors for the current election as it exists on Nomination day, whichever is greater.
	(b) the number determined from the voters’ list for the current election, as it exists on nomination day of the current election, adjusted for applications under sections 24 and 25 that are approved as of that day.
Filing date, reporting period	Section 77 of the Act is repealed and the following substituted:
77.  For the purposes of sections 66 to 82,	Filing dates and reporting periods                                         77. For the purposes of documents to be filed under section 78,
(a)     the filing date is, in the case of a regular election, the following March 31 and in the case of a by-election, 90 days after voting day;	(a)     the filing date is,
(b)     a supplementary filing date is the date that is 60 days after the end of a supplementary reporting period; and	(i)                   in the case of a regular election, the last Friday in March following the election, and                                            (ii)                 in the case of a by-election, 60 days after voting day;
(c)     a supplementary reporting period is, in the case of a regular election, each six-month period in the 12-month period following the year of the election and, in the case of a by-election, each six-month period in the 12-month period following the 45th day after voting day. 2000, c. 5, s. 34; 2002, c. 17, Sched. D, s. 28.	(b)     the supplementary filing date is 90 days after the end of the supplementary reporting period; and	The documents filed under section 78 (Financial Statement and auditor’s report) for a regular election shall be filed the last Friday in March following the election.  For the purpose of the 2010 elections, this date would be March 25, 2011.
	(c)     the supplementary reporting period is	Should a candidate extend his or her campaign as a result of a deficit, the supplementary reporting period will be June 30, 2011 and the supplementary reporting date will be September 28, 2011.
	(i)                   in the case of a regular election, the six-month period following the year of the election, and
	(ii)                 in the case of a by-election, the six-month period following the 60th day after voting day
Surplus Funds                                                                                   Release of amount at next regular election                                         79. (8)  If, in the next regular election or in an earlier by-election, the candidate is nominated for an office on the same council or local board, the clerk shall pay the amount held in trust to the candidate, with interest. 1996, c. 32, Sched., s. 79 (8).	The following is substituted for section 79(8) Amount to become property of municipality or local board                                                                                                                    (8) The amount becomes the property of the municipality or local board, as the case may be, when all of the following conditions are satisfied:                          1. The campaign period has ended under rule 1, 2, 3or 4 of subsection 68 (1). 2.  It is no longer possible to recommence the campaign period under rule 5 of subsection 68(1). 3.  No recount or procedding under section 81 (compliance audit) or section 83 (controverted elections) has been commenced     4. The period for commencing a recount or a proceeding under section 81 or 83 has expired.	Section 79 defines surplus and deficit and 79(8) would prescribe that funds remaining as surplus would become the property of the municipality when a campaign period is complete, and -  it is no longer possible to re-commence a campaign; and - there is no recount; and - no requests for a compliance audit have been received (or they are all dealt with); and - there is no proceeding in relation to a controverted election.
Compliance audit                                                                              81. (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate’s election campaign finances. 1996, c. 32, Sched., s. 81 (1).	Compliance audit committee                                                                   81.1 (1) A council or local board shall, before October1 of an election year, establish a committee for the purposes of section 81.	New provision that council must establish a compliance audit committee prior to October 1, 2010.  The committee shall be comprised of 3 – 7 members and shall not include
Delegation to committee	Composition
(3.1) A council or local board may, before voting day in an election, establish a committee and delegate its powers and functions under subsection (3) alone or under subsections (3), (4), (7), (10) and (11) with respect to applications received under subsection (2) and the council or local board, as the case may be, shall pay all costs in relation to the operation and activities of the committee. 2002, c. 17, Sched. D, s. 32 (2).	(2) The committee shall be composed of not fewer than three and not more than seven members and shall not include,	• employees or officers of the corporation;                                                                      • members of council; or                                                     • any person who was a candidate in the current election
	(a)     employees or officers of the municipality or local board;
	(b)     member of the council or local board; or
	(c)     any persons who are candidates in the election for which the committee is established.
	Term of office	Term of office
	(3) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed.	Term of office of the committee is the same four-year term of council.
	Role of clerk or secretary
	(4) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implement the committee’s decisions.	The Clerk to establish administrative practices and procedures for the committee.
	Costs
	(5) The council or local board, as the case may be, shall pay all costs in relation to the committee’s operation and activities.	Council shall pay all costs in relation to the Committee’s operations and activities.
Section 88 Election Records	Section 88 of the Act is amended by adding the following subsection:	All Financial Statements filed pursuant to the legislation shall be made available for viewing by the public in electronic means.
	Electronic version available to public
	(9.1) The clerk shall make the documents filed under sections 78 and 79.1 available at no charge for viewing by the public on a website on the Internet or in another electronic format as soon as possible after the documents are filed.
General offence	General penalty, individual	Fines have increased from $5,000, as noted.
94.  A person who contravenes a provision of this Act is guilty of an offence and, if no other penalty is provided is liable, on conviction, to a fine of not more than $5,000. 1996, c. 32, Sched., s. 94.	94.1 (1) An individual who is convicted of an offence under this Act is liable to the following penalties in addition to any other penalty provided for in this Act:
	1.For any offence, a fine of not more than $25,000.
	2. For any offence other than a corrupt practice, the penalties described in subsection 80 (2).
	3. For an offence under section 90, imprisonment for a term of not more than six months.
	4.  For any offence that the presiding judge finds that the individual committed knowingly, imprisonment for a term of not more than six months.
	Same, corporation or trade union
	(2) A corporation or trade union that is convicted of an offence under this Act is liable to a fine of not more than $50,000 in addition to any other penalty provided for in this Act.
	Limitation period
	94.2 (1) No prosecution for an offence under this Act in relation to a regular election shall be commenced after December 1 of the fourth year following the year in which the regular election was held.	A prosecution for an offence in relation to a regular election must be commenced on or before December 1 of the fourth year after the year in which the election is held.
	Same
	(2) No prosecution for an offence under this Act in relation to a by-election shall be commenced after December 1 of the year of the next regular election after the by-election.