O. Reg. 101/97: GENERAL

Municipal Elections Act, 1996

ONTARIO REGULATION 101/97

GENERAL

Historical version for the period December 17, 2009 to December 31, 2009.

Last amendment: O. Reg. 499/09.

This is the English version of a bilingual regulation.

1. (1) For the purpose of clause 33 (2) (c) of the Act, the prescribed nomination filing fee is $100 except for the office of head of council of a municipality, in which case the filing fee is $200. O. Reg. 101/97, s. 1 (1); O. Reg. 383/02, s. 1.

(2) The nomination filing fee shall be paid in cash or by certified cheque or money order made payable to the municipality. O. Reg. 101/97, s. 1 (2).

2. For the purpose of clause 34 (c) of the Act (refund of nomination filing fee), a candidate is entitled to receive a refund of the nomination filing fee if he or she receives more than 2 per cent of the votes cast in the election for the office. O. Reg. 101/97, s. 2.

3. (1) The rules set out in subsection (2) are prescribed for the purpose of subsection 54 (2) of the Act (rejection of ballots).

(2) The deputy returning officer shall reject from the count,

(a) all votes in a ballot, if the ballot,

(i) was not supplied by the deputy returning officer, or

(ii) contains writing or marks that may identify the elector, or is torn, defaced or otherwise dealt with by the elector in a way that may identify him or her;

(b) all votes in a ballot for an office, if votes have been cast for more candidates for the office than are to be elected;

(c) all votes in a ballot on a by-law, if votes have been cast for both the affirmative and negative on the by-law;

(d) all votes in a ballot on a question, if votes have been cast for more than one answer on the question;

(e) any vote in a ballot, if the vote is not marked inside the space provided for marking the ballot. O. Reg. 101/97, s. 3.

4. The following rules are prescribed for the purpose of subsection 60 (2) of the Act:

1. The clerk shall give notice of the recount to:

i. every certified candidate for an office that is the subject of the recount,

ii. in the case of a recount requested under subsection 57 (1) of the Act, the council, local board or Minister, as the case may be,

iii. in the case of a recount ordered under section 58 of the Act, the applicant, and

iv. in the case of a recount concerning an office, question or by-law in respect of which electors of another municipality are entitled to vote, the clerk who was responsible for the conduct of the vote in that other municipality.

2. The clerk shall open the ballot boxes and count,

i. in the case of a recount in an election for an office, the number of votes for each candidate who is subject to the recount under section 56, 57, 58 or 59 of the Act,

ii. in the case of a recount in an election to obtain the assent of the electors to a by-law, the number of votes in favour of the by-law and the number opposed, and

iii. in the case of a recount in an election to obtain the opinion of the electors on a question, the number of votes for each possible answer to the question.

3. The clerk shall reject from the count all ballots and votes in a ballot that do not comply with the rules set out in subsection 3 (2).

4. The clerk may conduct the recount by adding the votes from the statements of results prepared by the deputy returning officers under subsection 55 (1) of the Act, rather than by following rules 2 and 3, if a recount under those rules is waived by,

i. each candidate subject to the recount under section 56, 57, 58 or 59 of the Act who is present, in the case of a recount in an election for office,

ii. the council that submitted the by-law, in the case of a recount in an election to obtain the assent of the electors to a by-law,

iii. the Minister, council or local board that submitted the question, in the case of a recount in an election to obtain the opinion of the electors on a question, and

iv. the applicant, if he or she is present, in the case of a recount ordered under section 58 of the Act. O. Reg. 101/97, s. 4.

5. The following formulas are prescribed for the purpose of subsection 76 (4) of the Act (maximum amount of expenses):

1. In the case of a candidate for the office of head of council of a municipality, the amount shall be calculated by adding together $7,500 plus 70 cents for each elector entitled to vote for the office.

Note: On January 1, 2010, paragraph 1 is amended by striking out “70 cents” and substituting “85 cents”. See: O. Reg. 499/09, ss. 1 (1), 3.

2. In the case of a candidate for another office, the amount shall be calculated by adding together $5,000 plus 70 cents for each elector entitled to vote for the office.

Note: On January 1, 2010, paragraph 2 is amended by striking out “70 cents” and substituting “85 cents”. See: O. Reg. 499/09, ss. 1 (2), 3.

3. In the case of a registrant for a question, 50 cents for each elector entitled to vote on the question. O. Reg. 101/97, s. 5; O. Reg. 426/00, s. 1; O. Reg. 383/02, s. 2.

6. For the purpose of clause 88 (11) (b) of the Act, the following methods of making a voters’ list prepared under the Act available to the public are prescribed:

1. Posting on an Internet website.

2. Any other print or electronic medium of mass communication. O. Reg. 101/97, s. 6.

7. A nomination under section 33 of the Act shall be in Form 1 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-9499P/$File/9499P.doc and dated July, 2003. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 7 is revoked and the following substituted:

7. (1) The following forms are prescribed as the required forms for the purposes indicated:

1. Form 1: a nomination under section 33 of the Act.

2. Form 2 or 2.1: a ballot under section 41 of the Act.

3. Form 3: an appointment of a voting proxy, declaration of voting proxy, clerk’s certificate and oath of voting proxy under section 44 of the Act.

4. Form 4: a consolidated financial statement and auditor’s report under section 78 of the Act.

5. Form 5: a financial statement under section 79.1 of the Act for subsequent expenses after the return of a surplus.

6. Form 6: a notice of extension of campaign period under subsection 68 (1) of the Act.

7. Form 7: a notice of registration under section 39.1 of the Act.

8. Form 8: a financial statement and auditor’s report under section 78 of the Act, as made applicable by section 82.1 of the Act. O. Reg. 499/09, s. 2.

(2) The forms prescribed by subsection (1) are the forms dated January 2010 that are available on the website of the Government of Ontario Central Forms Repository at www.forms.ssb.gov.on.ca under the listing for the Ministry of Municipal Affairs and Housing. O. Reg. 499/09, s. 2.

See: O. Reg. 499/09, ss. 2, 3.

8. A ballot under section 41 of the Act shall be in Form 2 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-9500P/$File/9500P.doc and dated July, 2003 or in Form 2.1 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-9501P/$File/9501P.doc and dated July, 2003, as applicable. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 8 is revoked. See: O. Reg. 499/09, ss. 2, 3.

9. An appointment of voting proxy, declaration of voting proxy, clerk’s certificate and oath of voting proxy shall be in Form 3 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-9502P/$File/9502P.doc and dated July, 2003. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 9 is revoked. See: O. Reg. 499/09, ss. 2, 3.

10. A financial statement under section 78 of the Act that does not require an auditor’s report shall be in Form 4 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-9503P/$File/9503P.doc and dated July, 2003. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 10 is revoked. See: O. Reg. 499/09, ss. 2, 3.

11. Where an auditor’s report is required under section 78 of the Act, a financial statement and auditor’s report shall be in Form 5 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-9504P/$File/9504P.doc and dated July, 2003. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 11 is revoked. See: O. Reg. 499/09, ss. 2, 3.

11.1-11.4 Revoked: O. Reg. 341/03, s. 1.

12. A notice of extension of campaign period under subsection 68 (1) of the Act shall be in Form 6 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-10550P/$File/10550P.doc and dated July, 2003. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 12 is revoked. See: O. Reg. 499/09, ss. 2, 3.

13. A notice of registration under section 39.1 of the Act shall be in Form 7 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-10551P/$File/10551P.doc and dated July, 2003. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 13 is revoked. See: O. Reg. 499/09, ss. 2, 3.

14. A financial statement under section 78 of the Act, as made applicable by section 82.1 of the Act, that does not require an auditor’s report shall be in Form 8 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-10552P/$File/10552P.doc and dated July, 2003. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 14 is revoked. See: O. Reg. 499/09, ss. 2, 3.

15. Where an auditor’s report is required under section 78 of the Act, as made applicable by section 82.1 of the Act, a financial statement and auditor’s report shall be in Form 9 which is available at www.forms.ssb.gov.on.ca/mbs/ssb/forms/FormsRepository.nsf/Forms/MAH-017-10553P/$File/10553P.doc and dated July, 2003. O. Reg. 341/03, s. 1.

Note: On January 1, 2010, section 15 is revoked. See: O. Reg. 499/09, ss. 2, 3.

FORMS 1-9 Revoked: O. Reg. 341/03, s. 2.