Election Act, R.S.O. 1990, c. E.6

• Jurisdiction: Ontario

Election Act

R.S.O. 1990, CHAPTER E.6

Consolidation Period: From March 1, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 25, Sched. 4.

CONTENTS

Interpretation

Definitions

1 In this Act,

“advance poll” means a poll held under section 44; (“vote par anticipation”)

“ballot” means a ballot used for the conduct of an election; (“bulletin de vote”)

“Board” means the Board of Internal Economy referred to in section 87 of the Legislative Assembly Act; (“Commission”)

“by-election” means an election other than a general election; (“élection partielle”)

“candidate at an election” and “candidate” mean a person elected to serve in the Assembly and a person who is nominated as a candidate at an election or is declared by himself or herself or by others to be a candidate on or after the date of the issue of the writ or after the dissolution or vacancy in consequence of which the writ has been issued; (“candidat à une élection”, “candidat”)

“corrupt practice” means any act or omission, in connection with an election, in respect of which an offence is provided under the Criminal Code (Canada) or which is a corrupt practice under this Act; (“manoeuvre frauduleuse”)

“election” means an election of a member or members to serve in the Assembly; (“élection”)

“elector” means a person who is entitled under this Act to vote at an election to the Assembly; (“électeur”)

“electoral district” means an electoral district as determined under the Representation Act, 2015; (“circonscription électorale”)

“general election” means an election in respect of which election writs are issued for all electoral districts; (“élection générale”)

“permanent register” and “permanent register of electors” means the permanent register of electors established and maintained under section 17.1; (“registre permanent”, “registre permanent des électeurs”)

“polling division” means a polling division established by the returning officer in accordance with this Act; (“section de vote”)

“polling list” means the list of electors furnished to a deputy returning officer by the returning officer in accordance with this Act; (“liste électorale”)

“prescribed” means prescribed by the Lieutenant Governor in Council or by the Chief Electoral Officer; (“prescrit”)

“recognized party” has the same meaning as in subsection 62 (5) of the Legislative Assembly Act; (“parti reconnu”)

“registered candidate” means a candidate registered with the Chief Electoral Officer under the Election Finances Act; (“candidat inscrit”)

“registered party” means a political party registered with the Chief Electoral Officer under the Election Finances Act; (“parti inscrit”)

“returning office” means an office of the returning officer; (“bureau électoral”)

“spouse” means a person,

(a) to whom the person is married; or

(b) with whom the person is living in a conjugal relationship outside marriage, if the two persons,

(i) have cohabited for at least one year,

(ii) are together the parents of a child, or

(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)

“voter” means an elector who has appeared at a polling place and has accepted a ballot for marking which has been placed in the ballot box or has declined his or her ballot and so declared. (“votant”) R.S.O. 1990, c. E.6, s. 1; 1996, c. 28, s. 2 (1); 1998, c. 9, s. 1; 1999, c. 6, s. 21 (1); 2005, c. 5, s. 22 (1, 2); 2005, c. 35, s. 1 (1); 2007, c. 15, s. 40 (1); 2010, c. 7, s. 1; 2015, c. 31, Sched. 3, s. 1; 2018, c. 17, Sched. 12, s. 1; 2020, c. 23, Sched. 3, s. 1.

Section Amendments with date in force (d/m/y)

1996, c. 28, s. 2 (1) - 05/05/1999; 1998, c. 9, s. 1 (1-4) - 01/01/1999; 1999, c. 6, s. 21 (1) - 01/03/2000

2005, c. 5, s. 22 (1, 2) - 09/03/2005; 2005, c. 35, s. 1 (1) - 15/12/2005

2007, c. 15, s. 40 (1) - 04/06/2007

2010, c. 7, s. 1 - 18/05/2010

2015, c. 31, Sched. 3, s. 1 - 03/12/2015

2018, c. 17, Sched. 12, s. 1 - 06/12/2018

2020, c. 23, Sched. 3, s. 1 - 01/01/2021

Residence

1.1 (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. 1998, c. 9, s. 2.

Rules

(2) The following rules apply in determining a person’s residence:

1. A person may only have one residence at a time.

2. The place where a person’s family resides is also his or her residence, unless he or she moves elsewhere with the intention of changing his or her permanent lodging place.

3. If a person has no other permanent lodging place, the place where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns is his or her residence.

4. In the case of a person who is an inmate in a penal or correctional institution under sentence of imprisonment, the place where he or she last resided before being imprisoned shall be deemed to be his or her residence. 1998, c. 9, s. 2.

Rules if no permanent lodging place

(3) If a person has no permanent lodging place as described in subsections (1) and (2), the following rules apply in determining his or her residence:

1. The place to which the person most frequently returned to sleep or eat during the five weeks preceding the determination is his or her residence.

2. If the person returns with equal frequency to one place to sleep and to another to eat, the place to which he or she returns to sleep is his or her residence.

3. Multiple returns to the same place during a single day, whether to eat or sleep, shall be considered one return.

4. A person’s affidavit regarding the places to which he or she returned to eat or sleep during a given time period is conclusive, in the absence of evidence to the contrary. 1998, c. 9, s. 2.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 2 - 01/01/1999

Time

References to time

2 Any expression of or reference to time in this Act refers to the time that is in effect locally, that is, either standard time or daylight saving time, as the case may be. R.S.O. 1990, c. E.6, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by striking out “that is, either standard time or daylight saving time, as the case may be” at the end. (See: 2020, c. 28, s. 2)

Section Amendments with date in force (d/m/y)

2020, c. 28, s. 2 - not in force

Oaths and Affirmations

Oaths, affirmations and statutory declarations, who may take

3 (1) Except where otherwise provided, an oath, affirmation or statutory declaration for the purposes of this Act may be taken by a returning officer, election clerk, revision assistant, justice of the peace, a commissioner for taking affidavits or a notary public and for election purposes, all election officers appointed by the returning officer are empowered to take such oaths, affirmations or declarations at the poll. R.S.O. 1990, c. E.6, s. 3 (1); 1998, c. 9, s. 3.

No charge for taking oath, affirmation or declaration

(2) Every person taking an oath, affirmation or statutory declaration under or for the purposes of this Act shall do so gratuitously. R.S.O. 1990, c. E.6, s. 3 (2).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 3 - 01/01/1999

Administration

Chief Electoral Officer

3.1 (1) There shall be a Chief Electoral Officer who is an officer of the Assembly. 2018, c. 17, Sched. 12, s. 2.

Appointment

(2) The Assembly shall, by order, appoint the Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 2.

Selection by panel

(3) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (2) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 12, s. 2.

Transition

(4) The Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent is deemed to be the Chief Electoral Officer for the purposes of this section and shall continue to hold office. 2018, c. 17, Sched. 12, s. 2.

Section Amendments with date in force (d/m/y)

2018, c. 17, Sched. 12, s. 2 - 06/12/2018

Powers and duties of C.E.O.

3.2 (1) The Chief Electoral Officer is responsible for the administration of this Act. 2018, c. 17, Sched. 12, s. 2.

Same

(2) The Chief Electoral Officer shall consult with, advise and supervise the returning officers and election clerks in the performance of their duties, and may visit in person and consult with the deputy returning officer and poll clerk at any polling location. 2018, c. 17, Sched. 12, s. 2.

Same, municipal elections

(3) The Chief Electoral Officer is responsible for all of the functions and responsibilities of the Chief Electoral Officer under the Assessment Act, the Municipal Elections Act, 1996, the Municipal Act, 2001 and the Municipal Property Assessment Corporation Act, 1997. 2020, c. 23, Sched. 3, s. 2.

Transitional

(4) The Chief Electoral Officer’s functions and responsibilities under the Municipal Elections Act, 1996 apply with respect to anything necessary for the purposes of by-elections and regular elections that commence on or after January 1, 2024. 2020, c. 23, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2018, c. 17, Sched. 12, s. 2 - 06/12/2018

2020, c. 23, Sched. 3, s. 2 - 01/01/2021

Removal or suspension

3.3 (1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, remove or suspend the Chief Electoral Officer from office for cause. 2018, c. 17, Sched. 12, s. 2.

Suspension if Assembly not in session

(2) If the Assembly is not in session, the Board may on unanimous agreement suspend the Chief Electoral Officer for cause. 2018, c. 17, Sched. 12, s. 2.

Duration of suspension

(3) A suspension under subsection (1) continues until revoked...