Legislative Assembly Act, R.S.O. 1990, c. L.10 (Consolidation Period: From July 31, 2023 )

JurisdictionOntario
Coming into Force31 July 2023
Statuscurrent

Legislative Assembly Act

R.S.O. 1990, CHAPTER L.10

Consolidation Period: From July 31, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 7, Sched. 2.

CONTENTS

Composition of Assembly

1 The Assembly is composed of the number of members that is determined under the Representation Act, 2015. 2005, c. 35, s. 3 (1); 2015, c. 31, Sched. 5, s. 1.

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

1996, c. 28, s. 4 - 01/01/1998

2005, c. 35, s. 3 (1) - 15/12/2005

2015, c. 31, Sched. 5, s. 1 - 03/12/2015

Demise of the Crown

2 (1) The Legislature shall not determine or be dissolved by the demise of the Crown, but shall continue, and may meet, convene and sit, proceed and act, in the same manner as if such demise had not happened. R.S.O. 1990, c. L.10, s. 2 (1).

Power to prorogue or dissolve not affected

(2) Nothing in this section alters or abridges the power of the Crown to prorogue or dissolve the Legislature. R.S.O. 1990, c. L.10, s. 2 (2).

3 Repealed: 2005, c. 35, s. 3 (2).

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

2005, c. 35, s. 3 (2) - 15/12/2005

Yearly session

4 There shall be a session of the Legislature once at least in every year, so that twelve months do not intervene between the last sitting of the Legislature in one session and its first sitting in the next. R.S.O. 1990, c. L.10, s. 4.

Prorogation

5 It is not necessary for the Lieutenant Governor in proroguing the Legislature to name a day to which it is prorogued, nor to issue a formal proclamation for a meeting of the Legislature when it is not intended that the Legislature shall meet for despatch of business. R.S.O. 1990, c. L.10, s. 5.

Qualification of members

6 The persons qualified to sit and vote as members of the Assembly are any persons of the full age of eighteen years who are Canadian citizens resident in Ontario and not disqualified by this or any other Act from election to the Assembly. R.S.O. 1990, c. L.10, s. 6.

Senators and members of House of Commons disqualified

7 (1) No person who on the day of nomination for election to the Assembly is a member of the Senate of Canada or of the House of Commons of Canada is eligible as a member of the Assembly or shall be returned as elected thereto, and if any such person receives a majority of votes at an election, the votes cast for that person shall be thrown away and the returning officer shall return the person having the next greatest number of votes if he or she is otherwise eligible. R.S.O. 1990, c. L.10, s. 7 (1).

Vacation of seat

(2) If a member of the Assembly is elected and returned to the House of Commons of Canada or is appointed to the Senate of Canada, the member’s seat in the Assembly is thereupon vacated and a writ shall issue forthwith for a new election to fill the vacancy. R.S.O. 1990, c. L.10, s. 7 (2).

Disqualification of persons holding office under Crown

8 (1) Except as hereinafter specially provided, no person accepting or holding any office, commission or employment in the service of the Government of Canada, or of the Government of Ontario at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada or of the Government of Ontario to which any salary, fee, wage, allowance, emolument or profit of any kind is attached is eligible as a member of the Assembly or shall sit or vote therein. R.S.O. 1990, c. L.10, s. 8 (1).

Exceptions

(2) Nothing in this section renders ineligible as aforesaid or disqualifies from sitting and voting in the Assembly when not otherwise disqualified,

(a) a member of the Executive Council or a Parliamentary Assistant;

(b) an officer or other member of the regular force or reserve force of the Canadian Forces;

(c) a coroner, notary public or public school supervisory officer;

(d) any person holding any temporary employment in the service of the Government of Canada requiring special qualifications or professional skill, or a commissioner appointed under the Inquiries Act (Canada);

(e) a member of any commission, board, committee or other body holding office at the nomination of the Lieutenant Governor in Council, but this clause does not apply to members of the Ontario Labour Relations Board, the Ontario Land Tribunal, the Workplace Safety and Insurance Board, the Ontario Securities Commission, the Ontario Farm Products Marketing Commission, the Civil Service Commission, or the Ontario Parole Board. R.S.O. 1990, c. L.10, s. 8 (2); 1997, c. 16, s. 10 (1); 2000, c. 40, s. 19; 2009, c. 33, Sched. 9, s. 6; 2019, c. 15, Sched. 22, s. 96 (1); 2021, c. 4, Sched. 6, s. 58.

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

1997, c. 16, s. 10 (1) - 01/01/1998

2000, c. 40, s. 19 - 03/07/2001

2009, c. 33, Sched. 9, s. 6 - 15/12/2009

2019, c. 15, Sched. 22, s. 96 (1) - 29/11/2021

2021, c. 4, Sched. 6, s. 58 - 01/06/2021

Not eligible to hold municipal office

9 (1) Subject to subsection (2), a member of the Assembly is not eligible to hold office as a member of the council of a municipality or as a member of a local board, as defined in the Municipal Affairs Act, of a municipality. 2002, c. 17, Sched. F, Table.

Member deemed to have resigned municipal office when election to Assembly published

(2) Every person who is elected a member of the Assembly while holding an office referred to in subsection (1) may continue to hold such office, despite any other Act, until the end of the day on which the return of the election of such person to the Assembly is published in The Ontario Gazette under section 83 of the Election Act, at which time the member shall be deemed to have resigned such office. R.S.O. 1990, c. L.10, s. 9 (2); 2005, c. 35, s. 3 (3).

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

2002, c. 17, Sched. F, Table - 01/01/2003

2005, c. 35, s. 3 (3) - 15/12/2005

10., 11 Repealed: 1994, c. 38, s. 38 (1).

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

1994, c. 38, s. 38 (1) - 06/10/1995

When disqualification to become operative

12 No disqualification under section 8 on any ground arising before the election shall be held by any court to affect the seat of a member of the Assembly or to disentitle any person to sit or vote therein until the disqualification has been duly found and declared by an election court, but this is not to be construed as affecting the right of the Assembly to expel a member according to the practice of Parliament or otherwise. R.S.O. 1990, c. L.10, s. 12; 1994, c. 38, s. 38 (2).

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

1994, c. 38, s. 38 (2) - 06/10/1995

Effect of election of disqualified person

13 If a person who is disqualified or ineligible or incapable of being elected a member of the Assembly is nevertheless elected and returned, the election and return is void. R.S.O. 1990, c. L.10, s. 13.

Member not disqualified on appointment to Executive Council, etc.

14 Despite anything in any Act, a member of the Assembly who is appointed a member of the Executive Council or a Parliamentary Assistant shall not, by reason of the acceptance of such appointment, vacate his or her seat or be disqualified from sitting or voting in the Assembly. R.S.O. 1990, c. L.10, s. 14.

Disqualification through acceptance of office

15 (1) If a member of the Assembly by accepting any office as in section 8 mentioned is disqualified by law to continue to sit or vote in the Assembly, his or her seat shall be vacated, but the member may be re-elected if he or she is not declared ineligible under this Act. R.S.O. 1990, c. L.10, s. 15 (1); 1994, c. 38, s. 38 (3).

Saving in case of, exchange of offices in Executive Council

(2) Nevertheless, whenever a person holding any of the offices mentioned in section 2 of the Executive Council Act and being at the same time a member of the Assembly resigns his or her office and accepts any other of such offices, the member does not thereby vacate his or her seat in the Assembly. R.S.O. 1990, c. L.10, s. 15 (2).

Additional offices in Executive Council

(3) Where a member of the Executive Council holding any one of the offices mentioned in section 2 of the Executive Council Act is appointed to hold another office in addition to or in connection with such first-mentioned office, the member does not thereby vacate his or her seat, and any increase or change of emolument arising from the holding of such two offices does not cause a vacancy or render a re-election necessary. R.S.O. 1990, c. L.10, s. 15 (3).

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

1994, c. 38, s. 38 (3) - 06/10/1995

Penalty upon disqualified person sitting or voting

16 (1) Subject to section 12, a person ineligible as a member of or disqualified from sitting or voting in the Assembly who sits or votes therein while ineligible or disqualified shall forfeit the sum of $2,000 for every day on which he or she so sits or votes, and such sum may be recovered from him or her by any person who sues for it in any court of competent jurisdiction. R.S.O. 1990, c. L.10, s. 16 (1).

Idem

(2) If an action is brought and judgment is recovered against the defendant, no other action shall be brought or proceeding taken against the defendant for any act under this section committed before notice to him or her of the recovery of the judgment. R.S.O. 1990, c. L.10, s. 16 (2).

Staying proceedings in other actions

(3) The court wherein any other action is brought contrary to the intent and meaning of this Act, may upon the defendant’s motion, stay the proceedings therein, if the first-mentioned action be prosecuted without fraud and with effect, but no action shall be deemed an action within this section unless so prosecuted. R.S.O. 1990, c. L.10, s. 16 (3).

Disclaimer by member elect

17 (1) A member elect may at any time before his or her election is complained of disclaim his or her seat in the manner hereinafter provided, and the member thereby vacates the seat and ceases to be a member in respect of the seat so disclaimed. R.S.O. 1990, c. L.10...

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