Election Act

Interpretation

1 In this Act, “advance poll” means a poll held under section 44; (“vote par anticipation”) “ballot” means a ballot used for the conduct of an election; (“bulletin de vote”) “Board” means the Board of Internal Economy referred to in section 87 of the Legislative Assembly Act; (“Commission”) “by-election” means an election other than a general election; (“élection partielle”) “candidate at an election” and “candidate” mean a person elected to serve in the Assembly and a person who is nominated as a candidate at an election or is declared by himself or herself or by others to be a candidate on or after the date of the issue of the writ or after the dissolution or vacancy in consequence of which the writ has been issued; (“candidat à une élection”, “candidat”) “corrupt practice” means any act or omission, in connection with an election, in respect of which an offence is provided under the C…

1.1 (1) For the purposes of this Act, a person’s residence is the permanent lodging place to which, whenever absent, he or she intends to return. 1998, c. 9, s. 2. Rules (2) The following rules apply in determining a person’s residence: 1. A person may only have one residence at a time. 2. The place where a person’s family resides is also his or her residence, unless he or she moves elsewhere with the intention of changing his or her permanent lodging place. 3. If a person has no other permanent lodging place, the place where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns is his or her residence. 4. In the case of a person who is an inmate in a penal or correctional institution under sentence of imprisonment, the place where he or she last resided before being imprisoned shall be deemed to be his or her residence. 1998, c. 9, s. 2…

Time

2 Any expression of or reference to time in this Act refers to the time that is in effect locally, that is, either standard time or daylight saving time, as the case may be. R.S.O. 1990, c. E.6, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by striking out “that is, either standard time or daylight saving time, as the case may be” at the end. (See: 2020, c. 28, s. 2) Section Amendments with date in force (d/m/y) 2020, c. 28, s. 2 - not in force

Oaths and Affirmations

3 (1) Except where otherwise provided, an oath, affirmation or statutory declaration for the purposes of this Act may be taken by a returning officer, election clerk, revision assistant, justice of the peace, a commissioner for taking affidavits or a notary public and for election purposes, all election officers appointed by the returning officer are empowered to take such oaths, affirmations or declarations at the poll. R.S.O. 1990, c. E.6, s. 3 (1); 1998, c. 9, s. 3. No charge for taking oath, affirmation or declaration (2) Every person taking an oath, affirmation or statutory declaration under or for the purposes of this Act shall do so gratuitously. R.S.O. 1990, c. E.6, s. 3 (2). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 3 - 01/01/1999

Administration

3.1 (1) There shall be a Chief Electoral Officer who is an officer of the Assembly. 2018, c. 17, Sched. 12, s. 2. Appointment (2) The Assembly shall, by order, appoint the Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 2. Selection by panel (3) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (2) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 12, s. 2. Transition (4) The Chief Electoral Officer in office immediately before the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent is deemed to be the Chief Electoral Officer for the purposes of this section and shall continue to hold office. 2018, c. 17, Sched. 12, s. 2. S…

3.2 (1) The Chief Electoral Officer is responsible for the administration of this Act. 2018, c. 17, Sched. 12, s. 2. Same (2) The Chief Electoral Officer shall consult with, advise and supervise the returning officers and election clerks in the performance of their duties, and may visit in person and consult with the deputy returning officer and poll clerk at any polling location. 2018, c. 17, Sched. 12, s. 2. Same, municipal elections (3) The Chief Electoral Officer is responsible for all of the functions and responsibilities of the Chief Electoral Officer under the Assessment Act, the Municipal Elections Act, 1996, the Municipal Act, 2001 and the Municipal Property Assessment Corporation Act, 1997. 2020, c. 23, Sched. 3, s. 2. Transitional (4) The Chief Electoral Officer’s functions and responsibilities under the Municipal Elections Act, 1996 apply with respect to anything necessary fo…

3.3 (1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, remove or suspend the Chief Electoral Officer from office for cause. 2018, c. 17, Sched. 12, s. 2. Suspension if Assembly not in session (2) If the Assembly is not in session, the Board may on unanimous agreement suspend the Chief Electoral Officer for cause. 2018, c. 17, Sched. 12, s. 2. Duration of suspension (3) A suspension under subsection (1) continues until revoked by order of the Assembly or until the Chief Electoral Officer is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 12, s. 2. Same (4) Unless the Board revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Chief Electoral Officer is removed from office pursuant to subsection (1). 2018, c. 17, S…

3.4 (1) The Board shall determine the salary and benefits of the Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 2. Pension plan (2) Subject to subsections (3) and (4), the Chief Electoral Officer is a member of the Public Service Pension Plan. 2018, c. 17, Sched. 12, s. 2. Notice re pension plan (3) Within 60 days after his or her appointment takes effect, the Chief Electoral Officer may notify the Speaker in writing that he or she elects not to be a member of the Public Service Pension Plan. 2018, c. 17, Sched. 12, s. 2. Same (4) If the Chief Electoral Officer gives notice of their election to the Speaker in accordance with subsection (3), the election is irrevocable and is deemed to have taken effect when the appointment took effect. 2018, c. 17, Sched. 12, s. 2. Expenses (5) Subject to the approval of the Board, the Chief Electoral Officer is entitled to be reimbursed for reasona…

3.5 (1) The Chief Electoral Officer shall designate an individual from among the employees of Elections Ontario who shall have the powers and duties of the Chief Electoral Officer if the Chief Electoral Officer is absent or unable to fulfil the duties of his or her office or if the office becomes vacant. 2018, c. 17, Sched. 12, s. 2. Designation in writing (2) A designation under subsection (1) shall be in writing to the Speaker. 2018, c. 17, Sched. 12, s. 2. Powers and duties (3) The individual designated under subsection (1) shall have the powers and duties of the Chief Electoral Officer unless a temporary Chief Electoral Officer is appointed under section 3.6. 2018, c. 17, Sched. 12, s. 2. Salary (4) The Board may increase the salary of an individual who assumes the duties and powers of the Chief Electoral Officer under subsection (1) in such circumstances as the Board considers appro…

3.6 (1) If the Chief Electoral Officer is unable to fulfil the duties of his or her office or the office becomes vacant, the Assembly may, by order, appoint a temporary Chief Electoral Officer. 2018, c. 17, Sched. 12, s. 2. Same, conditions (2) An order shall be made under subsection (1) only if, (a) the Chief Electoral Officer, (i) has not made a designation under subsection 3.5 (1), or (ii) has made a designation under subsection 3.5 (1), but, (A) the Chief Electoral Officer has been removed or suspended under section 3.3, or (B) the person designated is unable or unwilling to act or has been removed or suspended under section 3.3; and (b) unless decided otherwise by unanimous consent of the Assembly, the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-votin…

3.7 Where in the opinion of the Chief Electoral Officer, by reason of any mistake, miscalculation, emergency or unusual or unforeseen circumstance, a situation exists for which no provision is made under this Act, the Chief Electoral Officer may make such appointments or give such directions as he or she considers proper and anything done in compliance with any such direction is not open to question, but the Chief Electoral Officer shall immediately give notice of any such direction to the candidates affected and to the registered parties, if any, of the candidates. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018

3.8 The Chief Electoral Officer may delegate in writing to any officer on his or her staff authority to exercise any power and perform any duty, other than those mentioned in section 3.7, assigned to the Chief Electoral Officer by this Act. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018

3.9 A person appointed as a temporary Chief Electoral Officer and the Deputy Chief Electoral Officer referred to in subsection 3.5 (6) are not prohibited from a subsequent appointment as Chief Electoral Officer under section 3.1. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018

3.10 (1) The Chief Electoral Officer shall not be a member of the Assembly and shall not, without prior approval by the Assembly, or by the Board when the Assembly is not in session, hold any other office or employment. 2018, c. 17, Sched. 12, s. 2. Exception (2) Despite subsection (1), the Chief Electoral Officer may hold more than one office to which he or she has been appointed by the Assembly or the Board. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018

3.11 (1) Before beginning the duties of his or her office, the Chief Electoral Officer shall take an oath or affirmation that he or she will faithfully and impartially exercise the functions of the office. 2018, c. 17, Sched. 12, s. 2. Same (2) The Speaker or the Clerk of the Assembly shall administer the oath or affirmation. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018

3.12 (1) The Chief Electoral Officer shall prescribe the forms for use under this Act. 2018, c. 17, Sched. 12, s. 2. Administrative in nature (2) The prescribing of forms under subsection (1) or the exercise of any power or the performance of any duty by the Chief Electoral Officer that he or she is authorized or required to exercise or perform under this Act is deemed to be an act or acts of an administrative nature. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 12, s. 2 - 06/12/2018

4 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 12 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 12, s. 2. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 12, s. 2. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 1, 28, 40 (1) - 04/06/2007 2010, c. 7, s. 2 - 18/05/2010 2016, c. 33, s. 1…

4.0.1 Section 33 of the Public Inquiries Act, 2009 applies to any investigation or examination under this Act by the Chief Electoral Officer. 2009, c. 33, Sched. 6, s. 54 (1). Section Amendments with date in force (d/m/y) 2007, c. 15, s. 2 - 04/06/2007 2009, c. 33, Sched. 6, s. 54 (1) - 01/06/2011

4.0.2 The Chief Electoral Officer shall report to the Attorney General any apparent contraventions of this Act. 2007, c. 15, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 2 - 04/06/2007

4.0.3 (1) The Chief Electoral Officer may make equipment, advice, staff, or other resources available to other electoral authorities in Canada. 2016, c. 33, s. 2. Same (2) Any revenue derived from such activities shall be paid into the Consolidated Revenue Fund. 2016, c. 33, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 2 - 01/01/2017

4.1 (1) At a by-election, the Chief Electoral Officer may direct the use of voting equipment or alternative voting methods that are different from what this Act requires. 2007, c. 15, s. 3; 2016, c. 33, s. 3 (1). Direction (2) The Chief Electoral Officer’s direction shall describe the voting equipment or alternative voting methods in detail and refer to the provisions of this Act that will not be complied with. 2007, c. 15, s. 3; 2016, c. 33, s. 3 (2). Notice (3) No later than 21 days before polling day, the Chief Electoral Officer shall, (a) provide copies of the direction to the Speaker of the Assembly and to the leader of each registered party; and (b) publish the direction on a website on the Internet. 2007, c. 15, s. 3. Validity of election (4) An election held in accordance with this section is not invalid by reason of any non-compliance with this Act that is authorized by the Chie…

4.2 (1) The Chief Electoral Officer shall, (a) determine what document or class of document constitutes, for the purposes of each of the provisions listed in subsection (2), (i) proof of a person’s identity, and (ii) proof of a person’s place of residence; and (b) publish the determination on a website on the Internet. 2007, c. 15, s. 3. Same (2) Clause (1) (a) applies with respect to: 1. Repealed: 2010, c. 7, s. 3 (1). 2. Paragraph 1 of subsection 17.1.2 (1). 2.1 Subsections 17.7 (2) and (3). 3. Clause 21 (10) (b). 4. Subsection 22 (1.1). 4.1 Subparagraph 2 ii of subsection 45.2 (4), subparagraph 3 ii of subsection 45.2 (5) and subparagraph 3 ii of subsection 45.2 (6). 4.2 Clause 45.13 (4) (a). 5. Clauses 47 (2) (a) and (3) (a). 6. Clause 47.1 (2) (b). 7. Subclause 51 (1) (b) (ii). 2007, c. 15, s. 3; 2010, c. 7, s. 3; 2016, c. 33, s. 4. Section Amendments with date in force (d/m/y) 2007…

4.3 (1) The Chief Electoral Officer shall establish an advisory committee consisting of one or two members appointed by each registered party. 2007, c. 15, s. 3. Mandate (2) The advisory committee may provide recommendations, when consulted by the Chief Electoral Officer, on the administration of this Act and the Election Finances Act. 2007, c. 15, s. 3. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 3 - 04/06/2007

4.4 (1) The Chief Electoral Officer may, in consultation with registered parties, direct that the voting process established by this Act be modified in accordance with this section. 2010, c. 7, s. 4. Objectives (2) The objectives of modifications under this section are: 1. Improving the voting process for electors. 2. Achieving administrative efficiencies. 3. Maintaining the integrity of the voting process. 2010, c. 7, s. 4. Example (3) Without limiting the generality of subsection (1), the following is an example of the modifications this section permits the Chief Electoral Officer to make: 1. If one polling location includes two or more polling places, the returning officer may, i. assign to one deputy returning officer or poll clerk the duties that this Act would otherwise assign to two people, and ii. appoint additional deputy returning officers, poll clerks or both to assist elector…

4.5 (1) The Chief Electoral Officer may issue a direction requiring the use of vote counting equipment during an election and modifying the voting process established by this Act to permit the use of the equipment. 2016, c. 33, s. 5. Same (2) Subsections 4.4 (5) to (11) apply, with necessary modifications, with respect to a direction issued under this section. 2016, c. 33, s. 5. Restrictions re equipment (3) The following restrictions apply with respect to the use of vote counting equipment: 1. The equipment must not be part of or connected to an electronic network, except that the equipment may be securely connected to a network after the polls close, for the purpose of transmitting information to the Chief Electoral Officer. 2. The equipment must be tested, i. before the first elector uses the equipment to vote, and ii. after the last elector uses the equipment to vote. 3. For the purp…

4.5.1 (1) The Chief Electoral Officer shall establish an advisory committee on voting equipment and vote counting equipment consisting of, (a) one or two members appointed by each registered party represented in the Assembly; and (b) at least one and not more than three members who do not represent a registered party. 2021, c. 5, Sched. 1, s. 1. Mandate (2) The advisory committee shall provide recommendations, when consulted by the Chief Electoral Officer, concerning standards for voting equipment and vote counting equipment used in elections under this Act. 2021, c. 5, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 5, Sched. 1, s. 1 - 19/04/2021

4.6 (1) Despite any other provision in this Act, a returning officer and the Chief Electoral Officer are not required to provide copies of polling lists, the permanent register of electors, extracts of or updates to the permanent register of electors, or any other elector information to a candidate or registered party that has indicated that it does not wish to receive this information. 2016, c. 33, s. 5. Application (2) This section and sections 4.7 and 4.8 apply on and after July 1, 2017. 2016, c. 33, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 5 - 01/01/2017

4.7 Despite any requirement in this or any other Act that the Chief Electoral Officer or a returning officer provide information about a person, the Chief Electoral Officer may, on the request of the person, redact any information that the Chief Electoral Officer reasonably believes would, if made available, endanger the person’s life, health or security. 2020, c. 23, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 5 - 01/01/2017 2020, c. 23, Sched. 3, s. 3 - 01/01/2021

4.8 Where, under this Act, a returning officer or the Chief Electoral Officer are required to provide copies of polling lists, the permanent register of electors, extracts of or updates to the permanent register of electors, or any other elector information to a candidate or registered party, they shall not provide any information about electors other than the following, unless this Act specifically provided otherwise: 1. The names and unique identifiers of the electors. 2. The mailing addresses and permanent addresses of the electors. 2016, c. 33, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 33, s. 5 - 01/01/2017

5 (1) The following persons shall not be appointed or act as a returning officer, election clerk, deputy returning officer or poll clerk: 1. Judges of federal or provincial courts or justices of the peace. 2. Crown Attorneys. 3. Members of the Executive Council. 4. Members of the Parliament of Canada or of the Assembly. 5. Persons who have served as members of the Assembly in the session next preceding the election. 6. Persons who have at any time been found guilty of a corrupt practice. R.S.O. 1990, c. E.6, s. 5 (1). Validity of election not affected (2) A contravention of this section does not affect the validity of the election. R.S.O. 1990, c. E.6, s. 5 (2).

Employees Serving or Voting at an Election

6 (1) Subsection (1.1) applies in respect of an employee who is a returning officer or has been appointed by a returning officer to be a poll official. 1998, c. 9, s. 5. Leave (1.1) Every employer shall, on an employee’s request made at least seven days before the leave is to begin, grant the employee leave to perform his or her duties under this Act; the employer shall not dismiss or otherwise penalize the employee because the employee has exercised the right to be granted leave. 1998, c. 9, s. 5. Remuneration (2) The employer is not required to remunerate an employee for any leave granted under subsection (1.1), but such leave shall not be subtracted from any vacation entitlement. R.S.O. 1990, c. E.6, s. 6 (2); 2016, c. 33, s. 6. Employees to have three consecutive hours for voting (3) Every employee who is qualified to vote shall, while the polls are open on polling day at an election…

Returning Officers

7 (1) The Lieutenant Governor in Council shall appoint a returning officer for each electoral district on the recommendation of the Chief Electoral Officer. 2010, c. 7, s. 5. Qualifications of R.O. (2) A returning officer must be of voting age, a Canadian citizen and resident in Ontario. 2010, c. 7, s. 5. 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. 2015, c. 31, Sched. 3, s. 2 (1). 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. 2015, c. 31, Sched. 3, s. 2 (1). Terms of of…

7.1 Repealed: 2010, c. 7, s. 5. Section Amendments with date in force (d/m/y) 1996, c. 28, s. 2 (2) - 01/01/1997 2005, c. 35, s. 1 (2) - 15/12/2005 2010, c. 7, s. 5 - 18/05/2010

7.2 Repealed: 2005, c. 35, s. 1 (2). Section Amendments with date in force (d/m/y) 1996, c. 28, s. 2 (2) - 01/01/1997 2005, c. 35, s. 1 (2) - 15/12/2005

Election Clerk

8 (1) The Chief Electoral Officer shall appoint an election clerk for each electoral district, in consultation with the returning officer. 2010, c. 7, s. 5. Qualifications (2) An election clerk must be of voting age, a Canadian citizen and resident in Ontario. 2010, c. 7, s. 5. Persons not to be appointed (3) No person who is the returning officer’s child, grandchild, brother, sister, parent, grandparent or spouse shall be appointed as election clerk. 2010, c. 7, s. 5; 2021, c. 4, Sched. 11, s. 8 (1). Oath or affirmation (4) Before entering on his or her duties, the election clerk shall take the prescribed oath or affirmation. 2010, c. 7, s. 5. Duties (5) The election clerk shall assist the returning officer in the performance of his or her duties. 2010, c. 7, s. 5. Same (6) When the returning officer, during an election, dies, is disqualified or refuses or is unable to perform his or he…

9 Repealed: 2025, c. 15, Sched. 7, s. 1. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 8 - 01/01/1999 2005, c. 35, s. 1 (3) - 15/12/2005 2006, c. 21, Sched. F, s. 108 - no effect - see 2006, c. 21, Sched. F, s. 142 (3) 2016, c. 33, s. 7 - 01/01/2017 CTS 6 FE 25 - 1 - 06/02/2025 2025, c. 15, Sched. 7, s. 1 - 27/11/2025

Dates for Writs, Close of Nominations and Polling Day Dates for writs, close of nominations and polling day

9.1 (1) This section applies to all elections. 2005, c. 35, s. 1 (3). Powers of Lieutenant Governor in Council (2) When an election is to be held, the Lieutenant Governor in Council may, (a) order that the writ or writs for the election be issued; and (b) appoint and proclaim a day, (i) for the close of nominations and the grant of a poll where required, and (ii) as polling day. 2005, c. 35, s. 1 (3). Date of writ (3) A writ for an election shall be dated on a Wednesday. 2005, c. 35, s. 1 (3). Day for close of nominations and grant of poll (4) The day for the close of nominations and the grant of a poll where required shall be the third Thursday after the date of the writ. 2025, c. 15, Sched. 7, s. 2 (1). Polling day (5) Polling day shall be the fifth Thursday after the date of the writ. 2005, c. 35, s. 1 (3). Alternate day (6) If the Chief Electoral Officer is of the opinion that a Thur…

9.2 Repealed: 2016, c. 33, s. 9. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 10, s. 1 - 17/05/2007 2016, c. 33, s. 9 - 01/01/2017

Writs

10 (1) The writs for a general election shall all be dated on the same day and shall be addressed to the returning officers. R.S.O. 1990, c. E.6, s. 10 (1). Writs to state nomination and polling days (2) A writ of election shall state the respective days for the close of nominations and for the polling, if required, and is returnable forthwith after the election. R.S.O. 1990, c. E.6, s. 10 (2). Endorsement on writ (3) Every returning officer on receiving a writ for an election shall endorse thereon the date of its receipt. R.S.O. 1990, c. E.6, s. 10 (3). Where appointment superseded (4) If a writ for an election has been issued to a person in whose stead a new returning officer has been appointed under section 3.7 or under subsection 7 (1), a new writ may be issued or the new returning officer or the election clerk, if applicable, may act under the writ already issued and the validity of…

Notice of Election

11 (1) Forthwith after receiving the writ of election, the returning officer shall prepare a notice of election that states, (a) the dates and times during which and the place where the list of electors may be revised; (b) the date, place and time fixed for the close of nominations of candidates and for the granting of a poll, if required; and (c) the days and times fixed for holding the advance polls and the general poll. 1998, c. 9, s. 9. Posting, etc., of notice (2) The returning officer shall cause the notice to be printed and copies to be posted in conspicuous places in the electoral district. 1998, c. 9, s. 9. Publication (3) The Chief Electoral Officer shall publish the notice, (a) in The Ontario Gazette; and (b) on a website on the Internet. 1998, c. 9, s. 9; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 9 - 01/01/1999 2007, c. 15, s. 40 (1)…

Polling Divisions

12 (1) The returning officer shall divide the electoral district into urban and rural polling divisions as directed by the Chief Electoral Officer and shall, on an annual basis or as directed by the Chief Electoral Officer, review the electoral district as to population distribution and shall, in collaboration with the clerk of each municipality contained within the electoral district, consider any changes to polling division boundaries. R.S.O. 1990, c. E.6, s. 12 (1); 2007, c. 15, s. 40 (1). Description of polling divisions (2) Following any revision of boundaries as may be authorized by the Chief Electoral Officer, the returning officer shall prepare and submit to the Chief Electoral Officer one complete set of typed descriptions of the polling divisions established under subsection (1) together with a map or maps of the electoral district boldly marked with the polling division bounda…

Polling Places

13 (1) Subject to subsections (2), (3), (3.1) and (5) and to sections 13.1 and 14, the returning officer shall arrange for at least one polling place for each polling division, furnished with light, heat and any other accommodation and furniture that may be required. 2007, c. 15, s. 4; 2010, c. 7, s. 7 (1). Same (2) The returning officer may unite two or more adjoining polling divisions and provide one polling place for the resulting united polling division. 2007, c. 15, s. 4. Same (3) With the Chief Electoral Officer’s approval, (a) a polling place may be provided outside the limits of its polling division; and (b) one polling place may be provided for two or more polling divisions. 2007, c. 15, s. 4. Criteria re location of polling places (3.1) In the selection of polling places under subsections (1) and (6), the following factors shall be considered: 1. A location’s convenience for el…

13.1 (1) In establishing the locations of polling places under section 13, the returning officer shall ensure that each polling place is accessible to electors with disabilities. 2010, c. 7, s. 8. (2)-(4) Repealed: 2025, c. 15, Sched. 7, s. 3. Section Amendments with date in force (d/m/y) 2010, c. 7, s. 8 - 18/05/2010 2025, c. 15, Sched. 7, s. 3 - 27/11/2025

Hospitals, Retirement Homes, Long-Term Care Homes and Other Institutions

14 (1) Where an institution for the reception, treatment or vocational training of persons who have served or are serving in the Canadian Forces or who are disabled, a hospital, a psychiatric facility, a long-term care home or other institution of twenty beds or more, in which chronically ill or infirm persons reside or where a retirement home of fifty beds or more is situate in an electoral district, a polling place shall be provided in such institution or upon the premises. R.S.O. 1990, c. E.6, s. 14 (1); 2007, c. 8, s. 203. Voting (2) Electors resident at an institution referred to in subsection (1) and who are entered in the list of electors may vote at such polling place and the returning officer shall arrange for the deputy returning officer and the poll clerk to attend upon the electors at their bedsides or otherwise for the purpose of receiving their ballots. R.S.O. 1990, c. E.6,…

Qualification of Electors

15 (1) In an electoral district in which an election to the Assembly is to be held, every person is entitled to vote who, on the general polling day, (a) has attained eighteen years of age; (b) is a Canadian citizen; (c) Repealed: 1998, c. 9, s. 11 (1). (d) resides in the electoral district; and (e) is not disqualified under this Act or otherwise prohibited by law from voting. R.S.O. 1990, c. E.6, s. 15 (1); 1993, c. 27, Sched.; 1998, c. 9, s. 11 (1). Intention to return to Ontario (1.1) Despite clause (1) (d), a person who ceased to reside in the electoral district within the two years before polling day is entitled to vote there if, (a) he or she resided in Ontario for at least 12 consecutive months before ceasing to reside in Ontario; (b) he or she intends to reside in Ontario again; and (c) his or her last Ontario residence was in the electoral district. 1998, c. 9, s. 11 (2). Except…

15.1 Repealed: 2007, c. 15, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 12 - 01/01/1999 2007, c. 15, s. 5 - 04/06/2007

16 Repealed: 1998, c. 9, s. 13. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 13 - 01/01/1999

17 Repealed: 2010, c. 7, s. 11. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 14 - 01/01/1999 2007, c. 15, s. 6 - 04/06/2007 2010, c. 7, s. 11 - 18/05/2010

Permanent Register of Electors

17.1 (1) The Chief Electoral Officer shall establish and maintain a permanent register of electors for Ontario, to include both, (a) persons entitled under this Act to vote at an election to the Assembly; and (b) persons entitled to be an elector at an election held in a local municipality under subsections 17 (2) and (3) of the Municipal Elections Act, 1996. 2020, c. 23, Sched. 3, s. 4 (1). Unique identifiers (1.1) The permanent register must contain, for each person identified in the register, a unique identifier that is assigned by the Chief Electoral Officer. 2020, c. 23, Sched. 3, s. 4 (1). Updating (2) The Chief Electoral Officer shall verify the accuracy of the permanent register and take any steps that he or she considers necessary to ensure that it is as accurate as reasonably possible. 1998, c. 9, s. 15; 2007, c. 15, s. 40 (1). Same (3) The following rules apply to updating und…

17.1.1 The Chief Electoral Officer shall establish and maintain an electronic system to allow persons to verify and confirm information about themselves in the permanent register of electors. 2020, c. 23, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2007, c. 15, s. 8 - 04/06/2007 2016, c. 33, s. 12 - 01/01/2017 2020, c. 23, Sched. 3, s. 5 - 01/01/2021

17.1.2 (1) A person may apply to have their name added to or removed from the permanent register of electors in accordance with the following rules: 1. In respect of an election to the Assembly, the application shall be accompanied by proof of the person’s identity and place of residence in accordance with section 4.2. 2. In respect of an election to the Assembly, during the period that begins with the issue of a writ for an election and ends on the day before polling day, the application may be submitted at a returning office. 3. In respect of an election to the Assembly, at all other times except on polling day, the application may be, i. submitted at the office of the clerk of any municipality with territorial jurisdiction in the electoral district, or ii. sent to the office of the Chief Electoral Officer. 4. In respect of a municipal election, the application shall be accompanied by …

17.2 The Chief Electoral Officer may, for electoral purposes, provide information from the permanent register of electors to, (a) the Chief Electoral Officer of Canada; (b) any municipality in Ontario and its local boards (c) the Municipal Property Assessment Corporation; and (d) any district social services administration board established under the District Social Services Administration Boards Act. 2017, c. 18, s. 5; 2021, c. 5, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 9, s. 15 - 01/01/1999 2005, c. 23, s. 2 - 13/06/2005 2007, c. 15, s. 40 (1) - 04/06/2007 2017, c. 18, s. 5 - 25/10/2017 2021, c. 5, Sched. 1, s. 3 - 19/04/2021

17.3 (1) Whenever the permanent register of electors has been updated under paragraph 1 or 2 of subsection 17.1 (3), (a) the Chief Electoral Officer shall notify every registered party and every member of the Assembly that updating is complete; (b) a registered party is entitled to receive, on request, (i) a copy of the permanent register, if it was updated with respect to all of Ontario, or (ii) a copy of the part of the permanent register that relates to an electoral district, if the updating was done with respect to the electoral district; and (c) a member of the Assembly is entitled to receive, on request, a copy of the part of the permanent register that relates to his or her electoral district, if the updating was done in respect to all of Ontario or in respect to the electoral district. 1998, c. 9, s. 15; 2007, c. 15, s. 40 (1). Exception, updating at party’s request (2) When the …

17.4 (1) A person who obtains information, directly or indirectly, from the permanent register or from a list of electors prepared from the permanent register, (a) shall use it only for electoral purposes; (b) shall not use it for commercial purposes; and (c) may disclose it to others only after obtaining their written acknowledgment that they are bound by the restrictions in this subsection. 1998, c. 9, s. 15. Scope (2) Subsection (1) applies, (a) whether the information was obtained under section 17.3, under subsection 19 (3) or in some other way; and (b) whether the person obtained it in printed or electronic format or examined it in either format without obtaining a copy. 1998, c. 9, s. 15. Downloading (3) A person who obtains information from the permanent register in electronic format shall not reproduce, store or transmit any part of the information by electronic means for any pur…

17.5 The Chief Electoral Officer may provide guidelines for compliance with section 17.4 and publish them, (a) in The Ontario Gazette; and (b) on a website on the Internet. 1998, c. 9, s. 15; 2007, c. 15, s. 40 (1). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 15 - 01/01/1999 2007, c. 15, s. 40 (1) - 04/06/2007

17.6 (1) Every registered party shall develop and implement a policy to ensure that its candidates, members of the Assembly, employees and agents comply with section 17.4 and any guidelines provided under section 17.5. 1998, c. 9, s. 15. Disclosure of policy to Chief Electoral Officer (2) The party shall disclose the policy to the Chief Electoral Officer, and the Chief Electoral Officer shall not provide a copy of the permanent register or part of the permanent register, (a) to a party that has not disclosed the policy or that has disclosed a policy that does not comply with the guidelines published under section 17.5; or (b) to the candidates or members of the Assembly of such a party. 2016, c. 33, s. 13. Publication of policy and discrepancies (3) The Chief Electoral Officer is entitled to make public, (a) a policy disclosed under subsection (2); (b) any discrepancies among, (i) the po…

Provisional Register of 16 and 17 Year Olds

17.7 (1) The Chief Electoral Officer shall establish and maintain a provisional register of persons who are 16 or 17 years of age, are Canadian citizens and who reside in Ontario. 2016, c. 33, s. 14. Registration (2) The Chief Electoral Officer shall include in the provisional register only those persons who have requested in writing or in another format acceptable to the Chief Electoral Officer, that they be included, and have provided proof of identity in accordance with section 4.2. 2016, c. 33, s. 14. Removal from register (3) The Chief Electoral Officer shall remove from the provisional register a person who has requested, in writing or in another format acceptable to the Chief Electoral Officer, that the person be removed, and has provided proof of identity in accordance with section 4.2. 2016, c. 33, s. 14. Must make request oneself (4) For greater certainty, a person may not make…

Representative Bodies of Electors

17.8 Repealed: R.S.O. 1990, c. E.6, s. 17.12. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3 - 13/06/2005 2007, c. 15, s. 40 (1) - 04/06/2007

17.9 Repealed: R.S.O. 1990, c. E.6, s. 17.12. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3 - 13/06/2005 2007, c. 15, s. 40 (1) - 04/06/2007

17.10 Repealed: R.S.O. 1990, c. E.6, s. 17.12. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3 - 13/06/2005

17.11 Repealed: R.S.O. 1990, c. E.6, s. 17.12. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. E.6, s. 17.12 (see 2005, c. 23, s. 3 - 13/06/2005) - 04/10/2007 2005, c. 23, s. 3 - 13/06/2005

17.12 Spent: 2005, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2005, c. 23, s. 3 - 13/06/2005

17.13 Repealed: 2016, c. 33, s. 15. Section Amendments with date in force (d/m/y) 2005, c. 23, s. 3 - 13/06/2005 2007, c. 15, s. 40 (1) - 04/06/2007 2016, c. 33, s. 15 - 01/01/2017

Targeted Registration