Protecting Against Carbon Taxes Act, 2024, S.O. 2024, c. 9, Sched. 5

Français

Protecting Against Carbon Taxes Act, 2024

S.o. 2024, chapter 9
schedule 5

Consolidation Period: From May 16, 2024 to the e-Laws currency date.

No amendments.

CONTENTS

 

Interpretation

Definitions

1 In this Act,

“campaign organizer” means a person or entity who is required by section 9 to apply for registration with the Chief Electoral Officer; (“organisateur de campagne”)

“carbon pricing program” means a program intended to reduce greenhouse gas emissions by imposing a tax, fee, charge or other levy on those emissions; (“programme de tarification du carbone”)

“Chief Electoral Officer” means the Chief Electoral Officer appointed under the Election Act; (“directeur général des élections”)

“greenhouse gas” means greenhouse gas within the meaning of the Environmental Protection Act; (“gaz à effet de serre”)

“person” includes a trade union. (“personne”)

Carbon Pricing Protection

Restriction on establishment of carbon pricing program

2 (1) A member of the Executive Council shall not include in a bill a provision that establishes a carbon pricing program unless,

(a)  a referendum concerning the carbon pricing program is held under this Act before the bill is introduced in the Assembly; and

(b)  the referendum authorizes the carbon pricing program.

Same, regulation

(2) A person or entity with the power to make a regulation shall not make a regulation that establishes a carbon pricing program unless,

(a)  a referendum concerning the carbon pricing program is held under this Act before the regulation is made; and

(b)  the referendum authorizes the carbon pricing program.

Same

(3) For greater certainty, subsection (2) does not apply with respect to a regulation that changes the industrial greenhouse gas emissions program established by Ontario Regulation 241/19 (Greenhouse Gas Emissions Performance Standards) made under the Environmental Protection Act but subsection (2) does apply if the regulation establishes a new carbon pricing program by imposing a tax, fee, charge or other levy on emissions from activities that are not industrial activities.

Restriction on authority re carbon pricing program

3 A member of the Executive Council shall not include in a bill a provision that gives a person or body (other than the Crown) the authority to establish a carbon pricing program unless,

(a)  a referendum concerning the authority that is given to the person or body is held under this Act before the bill is introduced in the Assembly; and

(b)  the referendum authorizes the authority to be given to the person or body.

The Referendum Question and the Effect of the Referendum

Criteria for referendum question

4 (1) A referendum question must be clear, concise and impartial in its wording and must be capable of being answered in the affirmative or the negative.

Same, carbon pricing program

(2) A referendum question may refer to a proposed carbon pricing program in general terms or may propose a specific carbon pricing program.

Proposed referendum question

5 (1) The Executive Council shall give a proposed referendum question to the Chief Electoral Officer for review.

Results of review

(2) The Chief Electoral Officer shall advise the Executive Council whether, in the opinion of the Chief Electoral Officer, the proposed question complies with subsection 4 (1) and may suggest changes to a proposed question to make it better comply with that subsection.

Referendum question

6 (1) The Lieutenant Governor in Council shall determine the wording of a referendum question.

Same

(2) The wording of a referendum question is not reviewable by any court or tribunal for the purpose of determining whether the question complies with section 4.

Public notice

(3) Before issuing a writ of referendum, the Lieutenant Governor in Council shall give the following documents to the Clerk of the Assembly and shall make them available to the public:

1.  A copy of the referendum question.

2.  A copy of the proposed question given to the Chief Electoral Officer and the advice received from the Chief Electoral Officer about the proposed question.

3.  A statement setting out the increase in annual revenues that the Government of Ontario expects to result from any proposed carbon pricing program described in the referendum question.

Effect of the referendum

7 (1) A referendum authorizes the action described in the referendum question if more than 50 per cent of votes cast in the referendum are cast in favour of the action.

Effect on subsequent government

(2) A referendum shall not be interpreted to require the Executive Council of a subsequent government formed by another party to establish a carbon pricing program or give authority to establish a carbon pricing program as described in the referendum question.

The Referendum Process

Writ of referendum

8 (1) The Lieutenant Governor in Council may issue a writ of referendum and shall fix the date of the referendum.

Date

(2) The date of the referendum must be at least 28 days and not more than 56 days after the day on which the writ is issued, and must fall on a Thursday.

Duty to register

9 (1) Every person or entity who wishes to organize a campaign to solicit votes in favour of a particular result or to promote a particular result in a referendum shall apply to the Chief Electoral Officer for registration as a campaign organizer.

Same

(2) Every person or entity who wishes to advertise in order to solicit votes in favour of a particular result or to advertise to promote a particular result in a referendum shall apply to the Chief Electoral Officer for registration as a campaign organizer.

Exception

(3) A person or entity is not required to apply for registration if the following requirements are met:

1.  The person or entity must not spend more than $1,000 on the campaign to solicit votes or promote a particular result.

2.  The person or entity must not combine the person or entity’s money with that of another person or entity and then spend it on the campaign to solicit votes or promote a particular result.

Same

(4) A broadcaster or publisher is not required to apply for registration solely because the broadcaster or publisher broadcasts or publishes advertisements described in subsection (2) in the ordinary course of business.

Contents of application

(5) The application must contain such information as the Chief Electoral Officer requires and must be accompanied by the application fee set by the Chief Electoral Officer.

Prerequisite

(6) No application may be made until the applicant has appointed a chief financial officer and an auditor licensed under the Public Accounting Act, 2004.

Registration

(7) The Chief Electoral Officer shall register an applicant upon receipt of the application and fee unless the name of the applicant so closely resembles the name of another registered campaign organizer that the two are likely to be confused.

Register

(8) The Chief Electoral Officer shall maintain a register containing the names of all registered campaign organizers and the information set out in their respective applications for registration, as that information may be revised.

Inspection

(9) The Chief Electoral Officer shall make the register available for inspection by the public on request.

Duty to notify

(10) A registered campaign organizer shall notify the Chief Electoral Officer within a reasonable time if there is any change to the information provided in the application for registration, and the Chief Electoral Officer shall revise the register accordingly.

Change of name

(11) If the change relates to the name of the campaign organizer, the Chief Electoral Officer shall not revise the register if the changed name would so closely resemble the name of another registered campaign organizer that the two are likely to be confused. In those circumstances, the name of the campaign organizer shall not be changed.

Prohibition, receiving campaign contributions

10 (1) After a writ of referendum is issued, no person or entity shall accept a contribution to a campaign to solicit votes in favour of a particular result or to promote a particular result in the referendum unless the person or entity is, or is acting on behalf of, a registered campaign organizer.

Same

(2) After a writ of referendum is issued, no registered campaign organizer shall knowingly accept, directly or indirectly, contributions from an individual who usually resides outside Ontario, a corporation that does not carry on business in Ontario or a trade union that does not engage in activities in Ontario.

Limit on campaign contributions

11 (1) No person or entity shall contribute more than $7,500, multiplied by the indexation factor determined under section 40.1 of the Election Finances Act, to one or more campaign organizers who are soliciting votes in favour of the same result or are promoting the same result in a referendum.

Campaign organizer’s funds

(2) If a campaign organizer spends the campaign organizer’s own money on a campaign, the money shall be considered to be a contribution.

Records

(3) If a registered campaign organizer (or a person or entity acting on behalf of one) receives contributions from a person or entity that, in the aggregate, exceed $25 in connection with the same referendum question, the campaign organizer’s chief financial officer shall record the contributions and, if the contributions in the aggregate exceed $100, shall record the person’s or entity’s name and address.

Campaign advertising as contribution

12 (1) In this section,

“campaign advertising” includes printing documents but does not include news reporting.

Threshold

(2) If a person or entity engages in campaign advertising with the knowledge and consent of a campaign organizer and the aggregate cost of the advertising exceeds $100, the cost is a contribution to the campaign organizer and is a campaign expense of the campaign organizer.

Authorization

(3) All campaign advertising must indicate the campaign organizer, if any, who has authorized it and the persons or entities sponsoring it.

Identification

(4) No person or entity shall cause any campaign advertising to be broadcast or published unless the person or entity gives the broadcaster or publisher, in writing, the person’s or entity’s name and the name of the persons or entities sponsoring the advertising.

Records

(5) The broadcaster or publisher shall keep the following information for at least two years and shall make it available for inspection by the public on request:

1.  A copy of the campaign advertising.

2.  The dates and, if applicable, the times when the advertising was broadcast or published.

3.  The names given to the broadcaster or publisher under subsection (4).

4.  The amount charged to broadcast or publish the advertising.

5.  The amount that the broadcaster or publisher would ordinarily have charged to broadcast or publish the advertising, if the amount is different from the amount actually charged.

Period for campaign advertising

13 (1) In this section,

“blackout period” means the day on which the referendum is held, and the preceding day.

Same

(2) No person or entity shall arrange for or consent to campaign advertising that appears during the blackout period.

Same

(3) No broadcaster or publisher shall allow campaign advertising to appear during the blackout period.

Exceptions

(4) Subsections (2) and (3) do not prohibit the following:

1.  The publication of campaign advertising on the day on which the referendum is held or the preceding day in a newspaper that is published once a week or less often and whose regular day of publication falls on that day.

2.  A campaign advertisement on the Internet or in a similar electronic medium, if it is posted before and not altered during the blackout period.

3.  A campaign advertisement in the form of a poster or billboard, if it is posted before and not altered during the blackout period.

Exceptions subject to guidelines

(5) Subsections (2) and (3) do not apply with respect to the following activities if they are done in accordance with the guidelines of the Chief Electoral Officer:

1.  Advertising public meetings.

2.  Announcing the location of a registered campaign organizer’s headquarters.

3.  Advertising for volunteer campaign workers.

4.  Announcing services to be provided by a registered campaign organizer in connection with enumeration and the revision of lists of voters.

5.  Announcing services to be provided by a registered campaign organizer on the day the referendum is held.

Limit on campaign expenses

14 (1) Subject to subsection (2), no campaign organizer (or a person or entity acting on behalf of one) shall incur campaign expenses in an electoral district that exceed the amount that is the aggregate of $0.80, multiplied by the indexation factor described in subsection (3), for each of the eligible voters in the electoral district (as certified by the Chief Electoral Officer).

Same

(2) In such northern electoral districts as may be prescribed, the amount calculated under subsection (1) is increased by $9,310, multiplied by the indexation factor described in subsection (3).

Indexation

(3) The indexation factor is the factor determined under section 40.1 of the Election Finances Act.

Regulations

(4) The Lieutenant Governor in Council may by regulation prescribe northern electoral districts for the purposes of subsection (2).

Financial Report

15 The chief financial officer for a registered campaign organizer shall file the following documents with the Chief Electoral Officer within six months after the referendum is held:

1.  The campaign organizer’s financial statements with respect to the referendum campaign.

2.  The information required by subsection 11 (3) in connection with the campaign.

3.  The auditor’s report on the financial statements and on the information required by subsection 11 (3).

Application of the Election Finances Act

16 (1) The Election Finances Act applies, with necessary modifications including the modifications set out in this Act, in respect of a referendum campaign unless the context requires otherwise.

Definition

(2) For the purposes of this Act,

“person”, in the Election Finances Act, shall be deemed to include a corporation and a trade union.

Application of Election Act

17 The Election Act applies, with necessary modifications including the modifications set out in this Act, in respect of a referendum unless the context requires otherwise.

Cost of referendum

18 The costs of the Chief Electoral Officer that are associated with a referendum under this Act shall be paid from the Consolidated Revenue Fund.

General

Offences

19 (1) Every person or entity who contravenes or fails to comply with any of the following provisions is guilty of an offence:

1.  Subsection 9 (1) or (2) (registration, campaign organizer).

2.  Subsection 10 (1) or (2) (receiving campaign contributions).

3.  Subsection 11 (1) (limit on campaign contributions).

4.  Subsection 12 (4) (restriction on campaign advertising).

5.  Subsection 13 (2) or (3) (period for campaign advertising).

6.  Section 15 (financial report re campaign).

Same

(2) If a chief financial officer fails to comply with section 15, the chief financial officer’s registered campaign organizer is guilty of an offence, whether or not the chief financial officer has been prosecuted or convicted for failure to comply.

Penalty

(3) Upon conviction of an offence, an individual is liable to a fine of not more than $25,000 or imprisonment for a term of not more than one year, or both.

Same

(4) Upon conviction of an offence, a corporation, trade union or other entity is liable to a fine of not more than $100,000.

20-22 Omitted (amends, repeals or revokes other legislation).

23 Omitted (provides for coming into force of provisions of this Act).

24 Omitted (enacts short title of this Act).

______________

 

Français