This Explanatory Note was written as a reader’s aid to Bill 213 and does not form part of the law. Bill 213 has been enacted as Chapter 23 of the Statutes of Ontario, 2005.
The Bill makes amendments to the Election Act to authorize the selection of representative bodies of electors to consider specified matters relating to democratic renewal. Under proposed section 17.8, the Lieutenant Governor in Council would make a regulation providing for the setting up of a particular representative body and specifying its terms of reference. Proposed section 17.9 details how the Chief Election Officer is to draw names from the permanent register of electors, contact those persons to determine whether they are willing to participate, set up a list and provide it to the Minister Responsible for Democratic Renewal.
These amendments have a limited life and are automatically repealed on October 4, 2007.
The Bill also makes technical amendments to the Act for consistency with the terminology of the Municipal Act, 2001, and to update terminology and correct errors.
An Act to amend
the Election Act
Assented to June 13, 2005
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
iv. any municipality in Ontario and its local boards.
(b) any municipality in Ontario and its local boards.
Representative Bodies of Electors
17.7 In sections 17.8 to 17.10,
“Minister” means the Minister Responsible for Democratic Renewal.
17.8 (1) The Lieutenant Governor in Council may, by regulation,
(a) provide that the Minister shall assemble a representative body of electors to consider specified matters relating to the reform, in the context of democratic renewal, of the statutes for which the Minister has responsibility;
(b) specify the terms of reference of the representative body, including,
(i) the matters described in clause (a) that it shall consider,
(ii) with respect to each matter, whether the representative body shall make a recommendation or a decision,
(iii) the manner in which the representative body shall meet, deliberate, gather information and conduct hearings,
(iv) the date by which the representative body shall complete its work and submit a report to the Minister;
(c) specify the number of members, and the number of alternates, if any, who shall compose the representative body, and prescribe eligibility criteria for members, and for alternates, if any;
(d) specify the date by which the Chief Election Officer shall provide the list and personal information to the Minister under paragraph 6 of section 17.9;
(e) permit the Chief Election Officer to enter into a memorandum of understanding with the Minister;
(f) deal with any other matter that is necessary or desirable to allow the representative body to perform its functions.
(2) A regulation made under subsection (1) may be amended from time to time.
Duty of Chief Election Officer
17.9 When a regulation has been made under section 17.8, the Chief Election Officer shall prepare the list of members, and of alternates, if any, and the necessary personal information in accordance with the following rules:
1. The Chief Election Officer shall draw from the permanent register of electors a number of names that is large enough, in his or her opinion, to compose a pool of sufficient size for the purposes of paragraph 4.
2. The sampling methodology used under paragraph 1 shall be consistent with the prescribed eligibility criteria. In all other respects, the Chief Election Officer has discretion to establish the sampling methodology.
3. The Chief Election Officer shall contact each person whose name is in the pool, at the address shown in the permanent register of electors, to ask whether the person,
i. wishes to participate in the work of the representative body, and
ii. consents to the collection of the personal information that is necessary to,
A. determine eligibility in accordance with the prescribed eligibility criteria, and
B. allow the Minister to contact the person for the purpose of clause 17.8 (1) (a).
4. Once the persons whose names are in the pool and who have responded in the affirmative to both questions under paragraph 3 have all been identified, the Chief Election Officer shall select from among them the members, and the alternates, if any, who will compose the representative body, in accordance with the prescribed eligibility criteria.
5. The selection methodology used under paragraph 4 shall be consistent with the prescribed eligibility criteria. In all other respects, the Chief Election Officer has discretion to establish the methodology.
6. The Chief Election Officer shall prepare a list of the persons selected under paragraph 4, together with the personal information described in subparagraph 3 ii, and shall provide the list and personal information to the Minister.
Duty of Minister
17.10 The Minister shall, for the purpose of complying with the regulations made under section 17.8, collect, use and disclose the list and personal information mentioned in paragraph 6 of section 17.9.
17.11 In the event of conflict between sections 17.1 to 17.6 on the one hand and sections 17.7 to 17.10 on the other, sections 17.7 to 17.10 prevail, but only to the extent of any inconsistency.
17.12 Sections 17.7 to 17.11 are repealed on October 4, 2007.
Report by Chief Election Officer
17.13 After the repeal of sections 17.7 to 17.11, the Chief Election Officer shall prepare a report on the operation of section 17.9 and shall submit it to the Speaker of the Assembly, who shall cause the report to be laid before the Assembly.
1. Definition of “judge” in section 70.
2. Subsection 71 (2).
3. Section 79.
(2) The Act is amended by striking out “Ontario Court (General Division)” wherever it appears in the following provisions and substituting in each case “Superior Court of Justice”:
1. Subsection 78 (2).
2. Subsections 80 (2), (3), (5), (6), (7), (8) and (9).
3. Subsections 86 (2) and (5).
4. Section 87.
5. Subsection 99 (1) and clause 99 (5) (b).
6. Subsection 100 (1).
7. Subsection 101 (1).
8. Subsection 104 (3).
9. Section 105.
10. Subsections 106 (1) and (2).
11. Section 109.
12. Subsection 110 (1).
(3) The French version of subsection 80 (4) of the Act is amended by striking out “de la Cour de l’Ontario (Division générale)”.