Bill 115, Electoral Boundaries Act, 2015

Meilleur, Hon Madeleine Attorney General

Current Status: Royal Assent received Chapter Number: S.O. 2015 C.31

Viewing: Royal Assent (current version) pdf

Bill 115                                                       2015

An Act to enact the Representation Act, 2015, repeal the Representation Act, 2005 and amend the Election Act, the Election Finances Act and the Legislative Assembly Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

   1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

   2.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  The Schedules to this Act come into force as provided in each Schedule.

Short title

   3.  The short title of this Act is the Electoral Boundaries Act, 2015.

 

SCHEDULE 1
representation ACT, 2015

Definitions

   1.  In this Act,

“federal Act” means the Electoral Boundaries Readjustment Act (Canada); (“loi fédérale”)

“federal electoral district” means an electoral district established under the federal Act. (“circonscription électorale fédérale”)

Redistribution

   2.  (1)  For the purpose of representation in the Legislative Assembly, Ontario is divided into the following electoral districts:

    1.  The 11 northern electoral districts, whose names and boundaries are set out in the Schedule.

    2.  In the part of Ontario that lies outside the 11 northern electoral districts, 111 southern electoral districts whose names and boundaries are identical to those of the federal electoral districts that come into effect on the first dissolution of Parliament after May 1, 2014.

Effective date

   (2)  The redistribution described in subsection (1) takes effect immediately after the first dissolution of the Legislature after November 30, 2016.

Existing electoral districts maintained until effective date

   (3)  Until the redistribution described in subsection (1) takes effect, Ontario is divided into 107 electoral districts with the names and boundaries that are in effect under the Representation Act, 2005 as it reads on the day before the day the Electoral Boundaries Act, 2015 receives Royal Assent.

One member per district

   3.  One member shall be returned to the Assembly for each electoral district.

Commencement

   4.  The Act set out in this Schedule comes into force on the day the Electoral Boundaries Act, 2015 receives Royal Assent.

Short title

   5.  The short title of the Act set out in this Schedule is the Representation Act, 2015.

Schedule
11 Northern Electoral Districts

(Paragraph 1 of subsection 2 (1))

1. Algoma-Manitoulin

Consisting of:

FIRSTLY:

All of the Territorial District of Algoma, EXCEPTING the City of Sault Ste. Marie and that part of the Rankin Location Indian Reserve No. 15D lying within the limits of the City of Sault Ste. Marie.

SECONDLY:

All those parts of the Territorial District of Sudbury described as:

           (i)  All that part lying west of the easterly limit of the geographic townships of Shenango, Lemoine, Carty, Pinogami, Biggs, Rollo, Swayze, Cunningham, Blamey, Shipley, Singapore, Burr and Edighoffer;

          (ii)  All that part lying south and west of a line described as follows: Commencing at the northwest corner of the geographic township of Acheson; thence easterly along the north boundary of the geographic townships of Acheson, Venturi and Ermatinger to the northeast corner of the geographic township of Ermatinger; thence southerly along the east boundary of the geographic townships of Ermatinger and Totten to the westerly limit of the former Regional Municipality of Sudbury (2000); thence generally southerly along the west limit of said former regional municipality to the northeast corner of the geographic township of Foster; thence southerly along the east boundary of the geographic townships of Foster and Curtin to the southeast corner of the geographic township of Curtin; thence easterly along the south limit of the geographic townships of Roosevelt, Hansen and Goschen to the southeast corner of the geographic township of Goschen; thence southerly along the west limit of the geographic township of Sale to the southwest corner thereof; thence easterly along the south limit of the geographic township of Sale to the southeast corner thereof; thence southerly along the west limit of the geographic townships of Kilpatrick and Travers and continuing southerly to the northeast corner of the Territorial District of Manitoulin on the west limit of the Territorial District of Sudbury.

THIRDLY:

All that part of the Territorial District of Thunder Bay lying south and east of a line described as follows: Commencing at the southwest corner of the geographic Township of Downer; thence west astronomically to the intersection of a line drawn south astronomically from the southeast corner of the geographic Township of Bain; thence south astronomically to the intersection of a line drawn west astronomically from the southwest corner of the geographic township of McGill; thence east astronomically to longitude 86°00ˈW; thence southerly along longitude 86°00ˈW to the White River; thence generally westerly along said river to the northerly shore of Lake Superior; thence S45°00ˈW astronomically to the international boundary between Canada and the United States of America.

FOURTHLY:

All of the Territorial District of Manitoulin.

2. Kenora-Rainy River

Consisting of:

FIRSTLY:

All of the Territorial District of Kenora, EXCEPTING that part lying east of a line described as follows: Commencing at the most northerly northeast corner of the Territorial District of Thunder Bay; thence northerly along the production of the east limit of the Territorial District of Thunder Bay to the north limit of the Province of Ontario.

SECONDLY:

All that part of the Territorial District of Rainy River lying west of a line described as follows: Commencing at the intersection of the south limit of said district with a meridian line known as the 4th Meridian Line, surveyed by Phillips and Benner, Ontario Land Surveyors, 1926; thence northerly along said meridian line to the south limit of the Town of Atikokan; thence westerly along said south limit of said town to the southwest corner thereof; thence northerly along the west limit of said town and its production northerly to the north limit of the Territorial District of Rainy River.

THIRDLY:

All that part of the Territorial District of Thunder Bay lying north and west of a line described as follows: Commencing at the intersection of the west limit of the Territorial District of Thunder Bay with a base line, known as the 6th Base Line or Ross’s Base Line, surveyed by K.G. Ross, Ontario Land Surveyor, 1923; thence easterly along said base line to the southeast corner of the geographic Township of Bertrand; thence northerly along the east boundary of the geographic townships of Bertrand, McLaurin, Furlonge, Fletcher and Bulmer to the northeast corner of the geographic Township of Bulmer; thence northerly along a meridian line, known as Phillips and Benner’s Meridian Line, surveyed by Phillips and Benner, Ontario Land Surveyors, 1923, to the north limit of the Territorial District of Thunder Bay.

3. Nickel Belt

Consisting of:

FIRSTLY:

All that part of the Territorial District of Timiskaming lying west of the easterly limit of the geographic townships of Douglas and Geikie.

SECONDLY:

All of the Territorial District of Sudbury, EXCEPTING those parts described as follows:

           (i)  All that part lying west of the easterly limit of the geographic townships of Shenango, Lemoine, Carty, Pinogami, Biggs, Rollo, Swayze, Cunningham, Blamey, Shipley, Singapore, Burr and Edighoffer;

          (ii)  All that part lying south and west of a line described as follows: Commencing at the northwest corner of the geographic township of Acheson; thence easterly along the north boundary of the geographic townships of Acheson, Venturi and Ermatinger to the northeast corner of the geographic township of Ermatinger; thence southerly along the east boundary of the geographic townships of Ermatinger and Totten to the westerly limit of the former Regional Municipality of Sudbury (2000); thence generally southerly along the west limit of said former regional municipality to the northeast corner of the geographic township of Foster; thence southerly along the east limit of the geographic townships of Foster and Curtin to the southeast corner of the geographic township of Curtin; thence easterly along the south limit of the geographic townships of Roosevelt, Hansen and Goschen to the southeast corner of the geographic township of Goschen; thence southerly along the west limit of the geographic township of Sale to the southwest corner thereof; thence easterly along the south limit of the geographic township of Sale to the southeast corner thereof; thence southerly along the west limit of the geographic townships of Kilpatrick and Travers and continuing southerly to the northeast corner of the Territorial District of Manitoulin on the west limit of the Territorial District of Sudbury;

         (iii)  All that part lying easterly of a line described as follows: Commencing at the northwest corner of the geographic Township of Stull; thence southerly along the west limit of the geographic townships of Stull, Valin, Cotton, Beresford and Creelman to the north limit of the former Regional Municipality of Sudbury (as existed on December 31, 1996); thence generally easterly and southerly along the north and east limits of said former municipality and continuing southerly along the east limit of the geographic township of Dryden to the northwest corner of the geographic township of Hawley; thence southerly and easterly along the west and south limits  of the geographic township of Hawley to the northeast corner of the geographic township of Hendrie; thence southerly along the east limit of the geographic townships of Hendrie and Hoskin to the north limit of the geographic township of Delamere; thence easterly along the north limit of the geographic township of Delamere to the northwest corner of the former Municipal Township of Cosby, Mason and Martland (as existed on December 31, 1996); thence generally southerly and easterly along the west and south limits of the said former municipal township to the south limit of the Territorial District of Sudbury;

         (iv)  All that part of the former City of Sudbury (as existed on December 31, 1996), lying north of a line described as follows: Commencing at the intersection of the east limit of said former city and Highway No. 69; thence westerly along said highway to Long Lake Road; thence southerly along said road to the north limit of the geographic township of Broder; thence westerly along the north limit of said geographic township to the west limit of said former city.

4. Nipissing

Consisting of:

FIRSTLY:

All that part of the Territorial District of Nipissing described as follows: Commencing at the southeast corner of the Territorial District of Parry Sound on the west limit of the Territorial District of Nipissing; thence generally easterly and southerly along the west and south limits of the Territorial District of Nipissing to the southwest corner of the geographic township of Sproule; thence easterly and northerly along the south and east limits of said geographic township to the southeast corner of the geographic township of Bower; thence northerly along the east limit of the geographic townships of Bower and Freswick to the northeast corner of the geographic township of Freswick; thence westerly, northerly and easterly along the south, west and north limits of the geographic township of Lister to the southeast corner of the geographic township of Boyd; thence northerly along the east limit of the geographic township of Boyd to the south limit of the Municipal Township of Papineau-Cameron; thence easterly and northerly along the south and east limits of said municipal township to the interprovincial boundary between Ontario and Quebec; thence generally northwesterly along said interprovincial boundary to the intersection of the production easterly of the south limit of the geographic township of Eddy; thence westerly along said production and the south limit of the geographic townships of Eddy and Jocko to the northeast corner of the geographic township of Mulock; thence southerly along the east limit of the geographic township of Mulock to the northeast corner of the geographic township of Widdifield; thence westerly along the north limit of the geographic townships of Widdifield, Commanda and Beaucage to the northeast corner of the geographic township of Pedley; thence southerly along the east limit of the geographic township of Pedley to the southeast corner thereof; thence westerly along the south limit of the geographic township of Pedley to the southwest corner thereof; thence southerly along the east limit of the geographic township of Springer and its production southerly to the middle of Lake Nipissing; thence S45°00ˈE astronomically to the north limit of the Territorial District of Parry Sound; thence generally easterly and southerly along the north and east limits of the Territorial District of Parry Sound to the point of commencement.

SECONDLY:

All that part of the Territorial District of Parry Sound consisting of the Municipal Township of Nipissing, the Municipality of Callander and the Municipality of Powassan.

5. Parry Sound-Muskoka

Consisting of:

FIRSTLY:

All of the Territorial District of Parry Sound, EXCEPTING the Municipal Township of Nipissing, the Municipality of Callander, and the Municipality of Powassan.

SECONDLY:

All of The District Municipality of Muskoka.

6. Sault Ste. Marie

Consisting of all of the City of Sault Ste. Marie and that part of the Rankin Location Indian Reserve No. 15D lying within the limits of the City of Sault Ste. Marie.

7. Sudbury

Consisting of that part of the former City of Sudbury (as existed on December 31, 1996) lying north of a line described as follows: Commencing at the intersection of the east limit of said former city and Highway No. 69; thence westerly along said highway to Long Lake Road; thence southerly along said road to the north limit of the geographic township of Broder; thence westerly along the north limit of said geographic township to the west limit of said former city.

8. Thunder Bay-Atikokan

Consisting of:

FIRSTLY:

All that part of the Territorial District of Rainy River lying east of a line described as follows: Commencing at the intersection of the south limit of said district with a meridian line known as the 4th Meridian Line, surveyed by Phillips and Benner, Ontario Land Surveyors, 1926; thence northerly along said meridian line to the south limit of the Town of Atikokan; thence westerly along said south limit of said town to the southwest corner thereof; thence northerly along the west limit of said town and its production northerly to the north limit of the Territorial District of Rainy River.

SECONDLY:

All that part of the Territorial District of Thunder Bay lying south and west of a line described as follows: Commencing at the intersection of the west limit of the Territorial District of Thunder Bay with a base line, known as the 6th Base Line or Ross’s Base Line, surveyed by K.G. Ross, Ontario Land Surveyor, 1923; thence easterly along said base line to longitude 90°00ˈW; thence southerly along longitude 90°00ˈW to its most southerly intersection with the Dog River; thence generally southerly and easterly along said river to the westerly shore of Dog Lake; thence generally southerly along the westerly shore of Dog Lake to the north limit of the geographic township of Fowler; thence westerly and southerly along the north and west limits of the geographic township of Fowler to the north limit of the geographic township of Forbes; thence easterly along the north limit of the geographic township of Forbes to the Kaministiquia River; thence generally southerly along the Kaministiquia River to the north limit of the geographic township of Oliver; thence easterly along the north limit of the geographic township of Oliver to the northwest corner of the City of Thunder Bay; thence easterly and southerly along the north and east limits of said city to Highway No. 17; thence southwesterly along Highway No. 17 to Balsam Street; thence northerly along Balsam Street to Wardrope Avenue; thence westerly along Wardrope Avenue to the most easterly hydro-electric transmission line near Hilldale Road; thence generally southerly along said transmission line to Pioneer Drive; thence easterly along Pioneer Drive to Valley Street; thence southeasterly along Valley Street to Highway No. 17; thence southerly along Highway No. 17 to the Harbour Expressway; thence easterly along the Harbour Expressway, Main Street and its easterly production to the easterly limit of the City of Thunder Bay; thence generally southerly, easterly and southerly along the easterly limit of the City of Thunder Bay to the southeast angle thereof on the north limit of the Municipality of Neebing; thence southeasterly along the north limit of said municipality to the international boundary between Canada and the United States of America.

9. Thunder Bay-Superior North

Consisting of all of the Territorial District of Thunder Bay EXCEPTING those parts described as follows:

           (i)  All that part lying west of a line described as follows: Commencing at the intersection of the northerly limit of the Territorial District of Thunder Bay with a meridian line, known as Phillips and Benner’s Meridian Line, surveyed by Phillips and Benner, Ontario Land Surveyors, 1923; thence southerly along said meridian line to the northeast corner of the geographic township of Bulmer; thence southerly along the east limit of the geographic townships of Bulmer, Fletcher, Furlonge, McLaurin and Bertrand to the southeast corner of the geographic Township of Bertrand; thence easterly along a base line, known as the 6th Base Line or Ross’s Base Line, surveyed by K.G. Ross, Ontario Land Surveyor, 1923, to longitude 90°00ˈW; thence southerly along longitude 90°00ˈW to its most southerly intersection with the Dog River; thence generally southerly and easterly along said river to the westerly shore of Dog Lake; thence generally southerly along the westerly shore of Dog Lake to the north limit of the geographic township of Fowler; thence westerly and southerly along the north and west limits of the geographic township of Fowler to the north limit of the geographic township of Forbes; thence easterly along the north limit of the geographic township of Forbes to the Kaministiquia River; thence generally southerly along the Kaministiquia River to the north limit of the geographic township of Oliver; thence easterly along the north limit of the geographic township of Oliver to the northwest corner of the City of Thunder Bay; thence easterly and southerly along the north and east limits of said city to Highway No. 17; thence southwesterly along Highway No. 17 to Balsam Street; thence northerly along Balsam Street to Wardrope Avenue; thence westerly along Wardrope Avenue to the most easterly hydro-electric transmission line near Hilldale Road; thence generally southerly along said transmission line to Pioneer Drive; thence easterly along Pioneer Drive to Valley Street; thence southeasterly along Valley Street to Highway No. 17; thence southerly along Highway No. 17 to the Harbour Expressway; thence easterly along the Harbour Expressway, Main Street and its easterly production to the easterly limit of the City of Thunder Bay;  thence generally southerly, easterly and southerly along the easterly limit of the City of Thunder Bay to the southeast angle thereof on the north limit of the Municipality of Neebing; thence southeasterly along the north limit of said municipality to the international boundary between Canada and the United States of America;

          (ii)  All that part lying south and east of a line described as follows: Commencing at the southwest corner of the geographic Township of Downer, thence west astronomically to the intersection of a line drawn south astronomically from the southeast corner of the geographic Township of Bain; thence south astronomically to the intersection of a line drawn west astronomically from the southwest corner of the geographic township of McGill; thence east astronomically to longitude 86°00ˈW; thence southerly along longitude 86°00ˈW to the White River; thence generally westerly along said river to the northerly shore of Lake Superior; thence S45°00ˈW astronomically to the international boundary between Canada and the United States of America.

10. Timiskaming-Cochrane

Consisting of:

FIRSTLY:

All of the Territorial District of Timiskaming EXCEPTING that part lying west of the east limit of the geographic townships of Douglas and Geikie.

SECONDLY:

All that part of the Territorial District of Cochrane lying east and south of a line described as follows: Commencing at the southeast corner of the City of Timmins on the south limit of the Territorial District of Cochrane; thence generally northerly and westerly along the easterly and northerly limits of said city to the southeast corner of the geographic township of Prosser; thence northerly along the east limit of the geographic townships of Prosser, Lucas, Beck and Ottaway to the northeast corner of the geographic township of Ottaway; thence westerly and northerly along the south and west limits of the geographic township of Clute and continuing northerly along the west limit of the geographic township of Leitch to the northwest corner thereof; thence easterly along the south limit of the geographic townships of Marven, Thorning, Potter, Sangster, Bragg, Newman, Tomlinson, Hurtubise and St. Laurent to the interprovincial boundary between Ontario and Quebec.

THIRDLY:

All that part of the Territorial District of Sudbury lying easterly of a line described as follows: Commencing at the northwest corner of the geographic Township of Stull; thence southerly along the west limit of the geographic townships of Stull, Valin, Cotton, Beresford and Creelman to the north limit of the former Regional Municipality of Sudbury (as existed on December 31, 1996); thence generally easterly and southerly along the north and east limits of said former municipality and continuing southerly along the east limit of the geographic township of Dryden to the northwest corner of the geographic township of Hawley; thence southerly and easterly along the west and south limits of the geographic township of Hawley to the northeast corner of the geographic township of Hendrie; thence southerly along the east limit of the geographic townships of Hendrie and Hoskin to the north limit of the geographic township of Delamere; thence easterly along the north limit of the geographic township of Delamere to the northwest corner of the former Municipal Township of Cosby, Mason and Martland (as existed on December 31, 1996); thence generally southerly and easterly along the west and south limits of the said former municipal township to the south limit of the Territorial District of Sudbury.

FOURTHLY:

All that part of the Territorial District of Nipissing lying northerly and westerly of a line described as follows: Commencing at the interprovincial boundary at the intersection of the production easterly of the south limit of the geographic township of Eddy; thence westerly along said production and the south limit of the geographic townships of Eddy and Jocko to the northeast corner of the geographic township of Mulock; thence southerly along the east limit of the geographic township of Mulock to the northeast corner of the geographic township of Widdifield; thence westerly along the north limit of the geographic townships of Widdifield, Commanda and Beaucage to the northeast corner of the geographic township of Pedley; thence southerly along the east limit of the geographic township of Pedley to the southeast corner thereof; thence westerly along the south limit of the geographic township of Pedley to the southwest corner thereof; thence southerly along the east limit of the geographic township of Springer and its production southerly to the middle of Lake Nipissing; thence S45°00ˈE astronomically to the north limit of the Territorial District of Parry Sound.

11. Timmins-James Bay

Consisting of:

FIRSTLY:

All of the Territorial District of Cochrane EXCEPTING that part lying east and south of a line described as follows: Commencing at the southeast corner of the City of Timmins on the south limit of the Territorial District of Cochrane; thence generally northerly and westerly along the easterly and northerly limits of said city to the southeast corner of the geographic township of Prosser; thence northerly along the east limit of the geographic townships of Prosser, Lucas, Beck and Ottaway to the northeast corner of the geographic township of Ottaway; thence westerly and northerly along the south and west limits of the geographic township of Clute and continuing northerly along the west limit of the geographic township of Leitch to the northwest corner thereof; thence easterly along the south limit of the geographic townships of Marven, Thorning, Potter, Sangster, Bragg, Newman, Tomlinson, Hurtubise and St. Laurent to the interprovincial boundary between Ontario and Quebec.

SECONDLY:

All that part of the Territorial District of Kenora, lying east of a line described as follows: Commencing at the most northerly northeast corner of the Territorial District of Thunder Bay; thence northerly along the production of the east limit of the Territorial District of Thunder Bay to the north limit of the Province of Ontario.

 

SCHEDULE 2
repeal of representation act, 2005

Repeal

   1.  The Representation Act, 2005 is repealed.

Commencement

   2.  This Schedule comes into force on the day the Electoral Boundaries Act, 2015 receives Royal Assent.

 

SCHEDULE 3
Election ACT

   1.  The definition of “electoral district” in section 1 of the Election Act is amended by striking out “Representation Act, 2005” at the end and substituting “Representation Act, 2015”.

   2.  (1)  Subsections 7 (3), (4) and (5) of the Act are repealed and the following substituted:

Appointments during transitional period

   (3)  During the transitional period, the Lieutenant Governor in Council may appoint returning officers under subsection (1) for both new electoral districts and old electoral districts.

Terms of office, old electoral districts

   (4)  The term of office of a returning officer who is in office on the first day of the transitional period, or is appointed or reappointed for an old electoral district during the transitional period, ends on the last day of the transitional period.

Terms of office, new electoral districts

   (5)  The following rules apply with respect to the term of office of a returning officer who is appointed or reappointed for a new electoral district:

    1.  If the returning officer is appointed or reappointed before the first decennial anniversary of the rollover date, the term of office ends on that first decennial anniversary.

    2.  If the returning officer is appointed or reappointed on or after a given decennial anniversary of the rollover date but before the next decennial anniversary, the term of office ends on that next decennial anniversary.

Six-month extension

   (5.1)  A term of office referred to in subsection (5) is extended for six months if it would otherwise end during the period that,

  (a)  in the case of a general election, begins when a writ is issued and ends three months after polling day;

  (b)  in the case of a by-election, begins when a warrant for the issue of a writ for the election is received by the Chief Electoral Officer and ends three months after polling day.

   (2)  Subsection 7 (13) of the Act is amended by adding the following definitions:

“new electoral district” means an electoral district described in subsection 2 (1) of the Representation Act, 2015; (“nouvelle circonscription électorale”)

“old electoral district” means an electoral district described in subsection 2 (3) of the Representation Act, 2015; (“ancienne circonscription électorale”)

“transitional period” means the period that begins on the day the Electoral Boundaries Act, 2015 receives Royal Assent and ends on the day of the first dissolution of the Legislature that takes place after November 30, 2016.  (“période de transition”)

Commencement

   3.  This Schedule comes into force on the day the Electoral Boundaries Act, 2015 receives Royal Assent.

 

SCHEDULE 4
Election finances ACT

   1.  Section 17 of the Election Finances Act is amended by adding the following subsection:

Contribution to constituency association dissolved under s. 44.2

   (3)  The following rules apply if, after a constituency association is dissolved under section 44.2, it is determined that a contribution received by or on behalf of the constituency association must be returned under subsection (1) or paid to the Chief Electoral Officer under subsection (2):

    1.  The entity or entities to which the assets and liabilities of the dissolved constituency association were transferred in accordance with subsection 44.2 (6) are liable for the payment required by subsection (1) or (2).

    2.  If the assets and liabilities were transferred to more than one entity, the registered party concerned shall apportion the liability for the payment in a way that corresponds to the apportionment under subsection 44.2 (6).

    3.  The registered party shall file with the Chief Electoral Officer a statement identifying the entity or entities that are liable for the payment and giving details of any apportionment.  The statement shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval.

   2.  Sections 44.1 and 44.2 of the Act are repealed and the following substituted:

Readjustment of Electoral Districts

Definitions

   44.1  In sections 44.2, 44.3, 44.4 and 44.5,

“effective date” means the date on which the Electoral Boundaries Act, 2015 receives Royal Assent; (“date de prise d’effet”)

“new”, when used in connection with electoral districts or constituency associations, refers to the electoral districts described in subsection 2 (1) of the Representation Act, 2015 and to their constituency associations; (“nouvelles”)

“old”, when used in connection with electoral districts or constituency associations, refers to the electoral districts described in subsection 2 (3) of the Representation Act, 2015 and to their constituency associations. (“anciennes”)

Representation Act, 2015, new constituency associations due to readjustment

Registration of new constituency associations

   44.2  (1)  On and after March 1, 2016, the Chief Electoral Officer shall register new constituency associations in the register mentioned in subsection 11 (2).

Formal requirements of application

   (2)  The Chief Electoral Officer shall register a new constituency association only if its application complies with subsection 11 (2) and is accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the approval of the registered party concerned.

Automatic dissolution of old associations

   (3)  Except for the purposes of this section, every old constituency association is dissolved on November 30, 2016.

Earlier dissolution at party’s request

   (4)  During the period that begins on March 1, 2016 and ends on November 29, 2016, a registered party may request the dissolution of an old constituency association, in which case the Chief Electoral Officer shall make an order to that effect.

Same

   (5)  The request shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval.

Assets and liabilities

   (6)  Every old constituency association shall transfer its assets and liabilities to one or more new constituency associations, to the registered party concerned or to both, subject to any written direction by the party, before the old constituency association is dissolved.

Filing of direction

   (7)  A direction referred to in subsection (6) shall be filed with the Chief Electoral Officer and shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval.

Report re assets and liabilities

   (8)  Within 90 days after being dissolved, every old constituency association shall file with the Chief Electoral Officer a statement setting out the assets and liabilities it still held, if any, on the day it was dissolved.

Deemed transfer to party

   (9)  Any assets and liabilities that an old constituency association still held on the day it was dissolved are deemed to have been transferred to the registered party on that day; the party may then transfer them to its new constituency associations as it sees fit.

Filing of annual financial statement and auditor’s report, 2016 and 2017

   (10)  The following rules apply to the filing of annual financial statements and auditors’ reports by the chief financial officers of old and new constituency associations for 2016 and 2017:

    1.  Section 41 governs the filing, except that the dates for filing set out in this subsection prevail over those set out in subsection 41 (1).

    2.  The 2016 statement and report of an old constituency association shall be filed within 90 days after its dissolution.

    3.  If a new constituency association is registered before January 1, 2017, its 2016 statement and report shall be filed on or before May 31, 2017.

    4.  If a new constituency association is registered on or after January 1, 2017, its 2017 statement and report shall be filed on or before May 31, 2018.

Certain by-elections

   44.3  (1)  If a writ is issued for an election in an old electoral district after a registered constituency association has been dissolved under section 44.2, but before the redistribution described in subsection 2 (1) of the Representation Act, 2015 takes effect, the registered party concerned may,

  (a)  establish a provisional constituency association for the old electoral district;

  (b)  designate a new constituency association to act in the place of the old constituency association; or

   (c)  conduct the electoral campaign directly without interposing a provisional or designated constituency association.

Application of Act

   (2)  With respect to the campaign period, this Act applies to the provisional constituency association, designated constituency association or registered party, as the case may be, as if it were a registered constituency association for the electoral district.

Same, campaign expenses

   (3)  Without limiting the generality of subsection (2), a registered party that conducts an electoral campaign directly is entitled to incur campaign expenses under subsection 38 (3), to the same extent as a constituency association, in addition to its expenses under subsection 38 (1).

Exception, boundaries of electoral district unchanged

Application

   44.4  (1)  This section applies if a new electoral district has the same boundaries as an old electoral district, even if its name is different.

Old constituency associations continue

   (2)  The constituency associations of the old electoral district become the constituency associations of the new electoral district on March 1, 2016.

Non-application of ss. 44.2 and 44.3

   (3)  Sections 44.2 and 44.3 do not apply to the electoral district and its constituency associations.

Exception, registered party opts to continue old constituency association

Application

   44.5  (1)  On or before November 30, 2016 but no earlier than March 1, 2016, a registered party may file with the Chief Electoral Officer a notice stating that a specified old constituency association will be the party’s constituency association for a specified new electoral district.

Filing requirements

   (2)  The notice shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval.

Old constituency association continues

   (3)  On the filing of the notice, the old constituency association becomes the constituency association of the party for the new electoral district.

Non-application of ss. 44.2 and 44.3

   (4)  Sections 44.2 and 44.3 do not apply to the constituency association.

Commencement

   3.  This Schedule comes into force on the day the Electoral Boundaries Act, 2015 receives Royal Assent.

 

SCHEDULE 5
lEgislativE assembly ACT

   1.  Section 1 of the Legislative Assembly Act is amended by striking out “Representation Act, 2005” at the end and substituting “Representation Act, 2015”.

Commencement

   2.  This Schedule comes into force on the day the Electoral Boundaries Act, 2015 receives Royal Assent.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 115 and does not form part of the law.  Bill 115 has been enacted as Chapter 31 of the Statutes of Ontario, 2015.

The Bill contains five Schedules which enact the Representation Act, 2015, repeal the Representation Act, 2005 and make complementary amendments to the Election Act, the Election Finances Act and the Legislative Assembly Act.

The Representation Act, 2015, set out in Schedule 1, provides for 122 electoral districts to replace the current 107. This redistribution takes effect immediately after the first dissolution of the Legislature after November 30, 2016.

The 11 northern electoral districts that were first established by the Representation Act, 1996 are maintained.  The rest of Ontario is divided into 111 electoral districts whose names and boundaries are identical to those of the corresponding new federal electoral districts.

Schedule 2 repeals the Representation Act, 2005.

Schedules 3, 4 and 5 contain amendments to the Election Act, the Election Finances Act and the Legislative Assembly Act that are complementary to the enactment of the Representation Act, 2015. The amendments to the Election Finances Act deal with the effect of the redistribution on constituency associations.

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