Municipal Elections Act, 1996

General

1 (1) In this Act, “by-election” means an election other than a regular election; (“élection partielle”) “candidate” means a person who has been nominated under section 33; (“candidat”) “certified candidate” means a candidate whose nomination has been certified under section 35; (“candidat certifié”) “Chief Electoral Officer” means the Chief Electoral Officer who holds office under the Election Act; (“directeur général des élections”) “clerk” means the clerk of a municipality; (“secrétaire”) “compliance audit committee” means, in relation to a municipality or local board, the committee established under section 88.37; (“comité de vérification de conformité”) “fund-raising function” means an event or activity, (a) held by a candidate or under a candidate’s direction for the purpose of raising funds for his or her election campaign, or (b) held by a registered third party or under its dire…

2 (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. 1996, c. 32, Sched., s. 2 (1). 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. 1996, c. 32, Sched., s. 2 (2). Exception, students (2.1) Despite paragraph 1 of subsection (2), a person may have residences in two local municipalities at the same time if, (a) the person lives in one of the local municipaliti…

3 This Act applies to: 1. An election to an office on: i. the council of a local municipality, ii. the council of an upper-tier municipality, if the holder of the office is required to be elected by the electors of one or more local municipalities, iii. a local board, if the holder of the office is required to be elected in the same manner as members of the council of a local municipality. 2. An election to obtain the assent of electors to a by-law as required or authorized by law. 3. An election to obtain the opinion of the electors on any question as required or authorized by law. 1996, c. 32, Sched., s. 3; 2016, c. 15, s. 3; 2020, c. 26, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 3 - 09/06/2016 2020, c. 26, Sched. 2, s. 2 - 20/11/2020

3.1 Despite any amendment made to this Act by Schedule 4 to the Helping Tenants and Small Businesses Act, 2020, the relevant provision of this Act, as it existed immediately before the coming into force of the amendment, continues to apply for the purposes of a by-election that commences before January 1, 2024. 2020, c. 23, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 23, Sched. 4, s. 2 - 01/01/2023

4 (1) A regular election to fill offices shall be held in 2006 and in every fourth year thereafter. 2006, c. 9, Sched. H, s. 1. By-laws and questions, municipalities (2) A vote on a by-law or question that a municipality wishes to submit to the electors shall be combined with the next regular election, unless the municipality provides, by by-law, that the vote shall be held at another time. 1996, c. 32, Sched., s. 4 (2). Questions, local boards and Minister (3) Subsection (2) applies with necessary modifications to a vote on a question that a local board or the Minister wishes to submit to the electors. 1996, c. 32, Sched., s. 4 (3). Exception (4) The vote on a question under section 53 or 54 of the Liquor Licence Act, as it read immediately before it was repealed, or under any successors to those provisions in a regulation made under the Liquor Licence and Control Act, 2019, may be held…

5 Voting day in a regular election is the fourth Monday in October, subject to section 10. 1996, c. 32, Sched., s. 5; 2009, c. 33, Sched. 21, s. 8 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (4) - 01/01/2010

6 (1) The term of all offices to which this Act applies is four years, beginning on November 15 in the year of a regular election. 2006, c. 9, Sched. H, s. 2; 2017, c. 10, Sched. 4, s. 8 (1). Transition (1.1) Despite subsection (1), with respect to the 2018 regular election, the term of all offices to which this Act applies shall begin on December 1, 2018 and end on November 14, 2022. 2017, c. 10, Sched. 4, s. 8 (2). Application of subsection (1) (2) Subsections (1) and (1.1) prevail over a provision in any other Act fixing the term of an office to which this Act applies. 1996, c. 32, Sched., s. 6 (2); 2017, c. 10, Sched. 4, s. 8 (3). Term continues (3) The holders of offices continue to hold office until their successors are elected and the newly elected council or local board is organized. 1996, c. 32, Sched., s. 6 (3). (4), (5) Repealed: 2016, c. 15, s. 5. Section Amendments with date…

7 (1) Unless an Act specifically provides otherwise, the costs incurred by the clerk of a local municipality in conducting an election shall be paid by the local municipality. 1996, c. 32, Sched., s. 7 (1). Payment on certification (2) The local municipality shall pay the costs as soon as possible after its clerk has signed a certificate verifying the amount. 1996, c. 32, Sched., s. 7 (2). Exceptions: recounts, by-elections (3) Despite subsection (1), the local municipality shall be reimbursed for its reasonable costs in the following situations: 1. When the clerk conducts a recount in a regular election with respect to, i. an office on a local board or upper-tier municipality, ii. a by-law or question submitted by an upper-tier municipality, or iii. a question submitted by a local board or the Minister. 2. When the clerk conducts a by-election for a local board or an upper-tier municipa…

8 (1) The council of a municipality may pass a by-law to submit to its electors, (a) a proposed by-law requiring their assent; (b) subject to section 8.1, a question not otherwise authorized by law but within the council’s jurisdiction; (c) subject to section 8.1, a question, the wording of which is established by an Act or a regulation under an Act. 1996, c. 32, Sched., s. 8 (1); 2000, c. 5, s. 27 (1). Submission of question, local board (2) A local board described in subparagraph iii of paragraph 1 of section 3 may pass a resolution to submit to its electors a question not otherwise authorized by law but within the local board’s jurisdiction. 1996, c. 32, Sched., s. 8 (2). (2.1) Repealed: 2000, c. 5, s. 27 (2). Question by Minister (3) The Minister may make an order requiring the clerk of a local municipality to submit a question to the electors of his or her municipality. 1996, c. 32,…

8.1 (1) A by-law to submit a question to the electors under clause 8 (1) (b) or (c), (a) shall be passed on or before March 1 in the year of a regular election at which it is intended to submit the question to the electors; (b) cannot be amended after the last date referred to in clause (a); and (c) despite clause (b), can be revoked on or before nomination day and, if the election does not include an election for an office, on or before the 31st day before voting day. 2000, c. 5, s. 28; 2016, c. 15, s. 8. Rules (2) A question authorized by by-law under clause 8 (1) (b) shall comply with the following rules: 1. It shall concern a matter within the jurisdiction of the municipality. 2. Despite rule 1, it shall not concern a matter which has been prescribed by the Minister as a matter of provincial interest. 3. It shall be clear, concise and neutral. 4. It shall be capable of being answered…

8.2 (1) The results of a question authorized by a by-law under clause 8 (1) (b) are binding on the municipality which passed the by-law if, (a) at least 50 per cent of the eligible electors in the municipality vote on the question; and (b) more than 50 per cent of the votes on the question are in favour of those results. 2000, c. 5, s. 28. Determination of number of votes (2) For the purpose of clause (1) (a), the number of eligible electors shall be determined from the voters’ lists as they exist at the close of voting. 2000, c. 5, s. 28. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 28 - 08/06/2000

8.3 (1) If the results of a question authorized by a by-law under clause 8 (1) (b) are binding on a municipality, (a) if an affirmative answer received the majority of the votes, the municipality shall do everything in its power to implement the results of the question in a timely manner; and (b) if a negative answer received the majority of the votes, the municipality shall not do anything within its jurisdiction to implement the matter which was the subject of the question for a period of four years following voting day. 2000, c. 5, s. 28; 2006, c. 9, Sched. H, s. 3 (1). Same (2) Without limiting subsection (1), the municipality shall, between 14 and 180 days after voting day, (a) if a by-law or resolution is required to implement the results of the question, ensure that it is prepared and placed before council or, if a series of by-laws are required to implement the results, ensure th…

9 (1) Notices, forms and other information provided under this Act shall be made available in English only, unless the council of the municipality has passed a by-law under subsection (2). 1996, c. 32, Sched., s. 9 (1). By-law (2) A municipal council may pass a by-law allowing the use of, (a) French, in addition to English, in prescribed forms; (b) French, other languages other than English, or both, in notices, forms (other than prescribed forms) and other information provided under this Act. 1996, c. 32, Sched., s. 9 (2). Non-application (3) This section does not apply with respect to notices, forms and other information provided under this Act in respect of the election of the persons described in clauses 9.1 (1) (a) and (b). 1999, c. 14, Sched. F, s. 6 (2). Section Amendments with date in force (d/m/y) 1999, c. 14, Sched. F, s. 6 (2) - 22/12/1999

9.1 (1) This section applies with respect to notices, forms and other information provided under this Act in respect of the election of, (a) members of a French-language district school board; or (b) members of a school authority that, (i) has established, operated or maintained a French-language instructional unit within the year before voting day, or (ii) is subject to an agreement, resolution or order under Part XII of the Education Act that requires the school authority to establish, operate or maintain a French-language instructional unit. 1999, c. 14, Sched. F, s. 6 (3). Language of notices, etc. (2) Notices, forms and other information provided under this Act with respect to the matters described in subsection (1) shall be made available in English and French and shall not be provided in any other language unless the council of the municipality has passed a by-law under subsection…

10 (1) A time limited by this Act that would otherwise expire on a Saturday or holiday shall be deemed to expire on the next day that is neither a Saturday nor a holiday. 1996, c. 32, Sched., s. 10 (1). Exception (2) When voting day is determined under subsection (1), the days fixed for other procedures in the election are unaffected. 1996, c. 32, Sched., s. 10 (2). 2026 regular election, certain municipalities

10.1 (1) A person who, on or before the day the Better Regional Governance Act, 2026 received Royal Assent, has filed a nomination in the 2026 regular election for any of the following is deemed to have withdrawn their nomination under section 36 of this Act on the day the Better Regional Governance Act, 2026 received Royal Assent: 1. The office of head of council of a municipality referred to in subsection 218.1 (2) of the Municipal Act, 2001. 2. Any office on the council of The Regional Municipality of Niagara, other than the office of head of council mentioned in paragraph 1. 2026, c. 3, Sched. 2, s. 2 (1). Regulations (2) The Minister may make regulations that, in the opinion of the Minister, are advisable or necessary for the purposes of carrying out the 2026 regular election for the municipalities referred to in subsection 218.1 (2) or 218.2.2 (1) of the Municipal Act, 2001 and, wi…

10.2 Repealed: 2026, c. 3, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2018, c. 11, Sched. 3, s. 1 - 14/08/2018 2026, c. 3, Sched. 2, s. 1 - 07/05/2026

Election Officials

11 (1) The clerk of a local municipality is responsible for conducting elections within that municipality, subject to the following exceptions: 1. The clerks specified in the regulations made under the Education Act are responsible for certain aspects of the elections of members of school boards, as set out in those regulations. 2. The clerks specified in section 11.1 are responsible for certain aspects of the election of members of the council of an upper-tier municipality, as provided for in that section. 3. Repealed: 2002, c. 17, Sched. F, Table. 4. The clerks specified in subsection (5) are responsible for certain aspects of the election with respect to a question an upper-tier municipality submits to its electors under clause 8 (1) (b) or (c). 1996, c. 32, Sched., s. 11 (1); 1999, c. 14, Sched. F, s. 6 (4); 2000, c. 5, s. 29 (1); 2002, c. 17, Sched. F, Table. Same (2) Responsibility…

11.1 (1) Subject to subsection (2), this section applies to an upper-tier municipality if a member of the council of the upper-tier municipality is to be elected to the council by the electors of all or part of one or more lower-tier municipalities within the upper-tier municipality. 2002, c. 17, Sched. F, Table. Exception (2) This section and section 11.2 do not apply if the member mentioned in subsection (1) is to be elected also to the council of a lower-tier municipality within the upper-tier municipality. 2002, c. 17, Sched. F, Table. Responsibility of upper-tier clerk (3) Subject to subsection (5), the clerk of the upper-tier municipality is the person responsible for conducting an election for the office of a member mentioned in subsection (1). 2002, c. 17, Sched. F, Table. Filing of nominations (4) Nominations for the office shall be filed with the clerk of the upper-tier municip…

11.2 (1) Despite this Act, the Minister may by regulation provide for those matters which, in the opinion of the Minister, are necessary or expedient to conduct the election of the members of the council of an upper-tier municipality that is mentioned in section 11.1 and the members of the councils of its lower-tier municipalities. 2002, c. 17, Sched. F, Table. Scope (2) A regulation under subsection (1) may be general or specific in its application. 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

12 (1) A clerk who is responsible for conducting an election may provide for any matter or procedure that, (a) is not otherwise provided for in an Act or regulation; and (b) in the clerk’s opinion, is necessary or desirable for conducting the election. 1996, c. 32, Sched., s. 12 (1). Forms (2) The power conferred by subsection (1) includes power to establish forms, including forms of oaths and statutory declarations, and power to require their use. 1996, c. 32, Sched., s. 12 (2). Proof of identification, qualification, etc. (3) Subject to subsection (4), the power conferred by subsection (1) includes power to require a person, as a condition of doing anything or having an election official do anything under this Act, to furnish proof that is satisfactory to the election official of the person’s identity or qualifications, including citizenship or residency, or of any other matter. 1996, …

12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. 2009, c. 33, Sched. 21, s. 8 (8). Plan re barriers (2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before voting day in a regular election. 2016, c. 15, s. 11. Report (3) Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. 2016, c. 15, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (8) - 01/01/2010 2016, c. 15, s. 11 - 09/06/2016

13 (1) Any notice or other information that this Act requires the clerk to give shall be given in a form and manner and at a time that the clerk considers adequate to give reasonable notice or to convey the information, as the case may be. 1996, c. 32, Sched., s. 13 (1). Information about rights under Act (2) The clerk shall provide electors, candidates and persons who are eligible to be electors with information to enable them to exercise their rights under this Act. 1996, c. 32, Sched., s. 13 (2).

14 (1) A document that is filed with an election official under section 33, 44 or 88.6 shall bear only original signatures. 1996, c. 32, Sched., s. 14; 2016, c. 15, s. 12. Exception — electronic filing (2) Subsection (1) does not apply if the clerk has provided for electronic filing of the document. 2021, c. 5, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 12 - 09/06/2016 2021, c. 5, Sched. 4, s. 1 - 19/04/2021

15 (1) When it is necessary to conduct an election, the clerk shall appoint a deputy returning officer for each voting place established under section 45 and may appoint any other election officials for the election and for any recount that the clerk considers are required. 1996, c. 32, Sched., s. 15 (1). Delegation (2) The clerk may delegate to a deputy returning officer or other election official any of the clerk’s powers and duties in relation to an election, as he or she considers necessary. 1996, c. 32, Sched., s. 15 (2). Clerk retains powers and duties (3) The clerk may continue to exercise the delegated powers and duties, despite the delegation. 1996, c. 32, Sched., s. 15 (3). Delegation in writing (4) The delegation shall be in writing. 1996, c. 32, Sched., s. 15 (4).

Scrutineers

16 (1) A candidate may appoint scrutineers to represent him or her during voting and at the counting of votes, including a recount. 1996, c. 32, Sched., s. 16 (1). Same, at vote on by-law or question (2) A municipality may appoint scrutineers in relation to voting on a by-law or question submitted to the electors, to attend at a voting place and at the counting of votes, including a recount. 1996, c. 32, Sched., s. 16 (2). Same, question submitted by local board or Minister (3) When a local board or the Minister has submitted a question to the electors, subsection (2) applies with necessary modifications. 1996, c. 32, Sched., s. 16 (3). Scrutineers for applicant under s. 58 (4) An elector who applies for a recount under section 58 may appoint scrutineers to represent him or her at the recount. 1996, c. 32, Sched., s. 16 (4). Manner of appointment (5) The appointment of a scrutineer shall…

Voters’ List

17 (1) Repealed: 2002, c. 17, Sched. D, s. 5 (1). Qualifications (2) A person is entitled to be an elector at an election held in a local municipality if, on voting day, he or she, (a) resides in the local municipality or is the owner or tenant of land there, or the spouse of such owner or tenant; (b) is a Canadian citizen; (c) is at least 18 years old; and (d) is not prohibited from voting under subsection (3) or otherwise by law. 2002, c. 17, Sched. D, s. 5 (2); 2005, c. 5, s. 46 (1). Persons prohibited from voting (3) The following are prohibited from voting: 1. A person who is serving a sentence of imprisonment in a penal or correctional institution. 2. A corporation. 3. A person acting as executor or trustee or in any other representative capacity, except as a voting proxy in accordance with section 44. 4. A person who was convicted of the corrupt practice described in subsection 90…

18 (1) On or before March 31 in each year in which there is a regular election, the clerk of each local municipality may divide the local municipality into voting subdivisions. 2016, c. 15, s. 14. Notice to C.E.O. (2) A clerk who acts under subsection (1) shall, on or before March 31 in the year of the regular election, inform the Chief Electoral Officer of the boundaries of the voting subdivisions. 2020, c. 23, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 18 (1) - 01/01/2009 2016, c. 15, s. 14 - 09/06/2016 2020, c. 23, Sched. 4, s. 3 - 01/01/2023

19 (1) The Chief Electoral Officer shall prepare and maintain a preliminary list for each local municipality and make it available to the clerk. 2020, c. 23, Sched. 4, s. 4 (1). (1.1), (1.2) Repealed: 2020, c. 23, Sched. 4, s. 4 (1). Subdivisions (2) If the local municipality is divided into voting subdivisions, the preliminary list must contain a preliminary list for each voting subdivision. 2020, c. 23, Sched. 4, s. 4 (1). Permanent register (3) The preliminary list must be based on the permanent register of electors. 2020, c. 23, Sched. 4, s. 4 (1). Access to list (3.1) The clerk may obtain the preliminary list, or any information from the preliminary list, at one or more times before September 1 in the year of a regular election. 2020, c. 23, Sched. 4, s. 4 (1). (3.2)-(3.4) Repealed: 2020, c. 23, Sched. 4, s. 4 (1). Contents (4) The preliminary list shall contain, (a) the name and ad…

20 The Chief Electoral Officer is not required to include on a preliminary list the name of a person whose residence is determined under subsection 2 (3). 2020, c. 23, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 18 (2) - 01/01/2009 2020, c. 23, Sched. 4, s. 5 - 01/01/2023

21 Repealed: 2016, c. 15, s. 16. Section Amendments with date in force (d/m/y) 2000, c. 25, s. 47 - 04/12/2000 2001, c. 8, s. 208 (2) - 29/06/2001 2016, c. 15, s. 16 - 09/06/2016

22 (1) The clerk may correct any obvious error in the preliminary list and shall notify the Chief Electoral Officer of the corrections. 1996, c. 32, Sched., s. 22; 2006, c. 33, Sched. Z.3, s. 18 (3); 2020, c. 23, Sched. 4, s. 6. Same (2) For the purposes of subsection (1), the clerk may use any information that is in the local municipality’s custody or control. 2009, c. 33, Sched. 21, s. 8 (11). Same (3) Information in the local municipality’s custody or control that is used by the clerk for the purposes of subsection (1) is deemed to have been collected for the purpose of correcting errors in the preliminary list. 2009, c. 33, Sched. 21, s. 8 (11). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 18 (3) - 01/01/2009 2009, c. 33, Sched. 21, s. 8 (11) - 01/01/2010 2020, c. 23, Sched. 4, s. 6 - 01/01/2023

23 (1) The preliminary list, as corrected under section 22, constitutes the voters’ list. 1996, c. 32, Sched., s. 23 (1). Reproduction, revision arrangements (2) On or before September 1 in the year of a regular election, the clerk shall, (a) have the voters’ list reproduced; and (b) determine where and at what time applications for revisions to the voters’ list may be made under sections 24 and 25. 1996, c. 32, Sched., s. 23 (2). Copies for local boards, municipalities, Minister (3) On written request, the clerk shall provide a copy of the voters’ list to, (a) the secretary of a local board any of whose members are required to be elected at an election conducted by the clerk, or that has submitted a question to the electors; (b) the clerk of the local municipality responsible for conducting the elections in any combined area for school board purposes; (c) the clerk of an upper-tier muni…

24 (1) During the period that begins on September 1 and ends at the close of voting on voting day, a person may make an application to the clerk requesting, (a) that the person’s name be added to or removed from the voters’ list; or (b) that information on the voters’ list relating to the person be amended. 1996, c. 32, Sched., s. 24 (1); 2016, c. 15, s. 18 (1). Form and manner of application (2) The application shall be in writing and shall be filed, (a) in person, by the applicant or his or her agent; (b) by mail, by the applicant; or (c) in any other format and manner that the clerk specifies. 1996, c. 32, Sched., s. 24 (2); 2016, c. 15, s. 18 (2). Application approved (3) If satisfied that the applicant is entitled to have the requested change made, the clerk shall, (a) endorse the application to indicate approval; and (b) return the endorsed application to the applicant or notify th…

25 (1) The clerk may, on his or her own initiative, remove a person’s name from the voters’ list until the close of voting on voting day if the clerk is satisfied that the person has died. 2016, c. 15, s. 19. Same, upon application (2) The clerk shall remove a person’s name from the voters’ list upon receiving an application under subsection (3) if the clerk is satisfied that the person has died. 2016, c. 15, s. 19. Timing of application (3) A person may make an application to the clerk requesting that a deceased person’s name be removed from the voters’ list during the period that begins on September 1 and ends at the close of voting on voting day. 2016, c. 15, s. 19. Form and manner of application (4) The application shall be in writing and shall be filed, (a) in person, by the applicant or his or her agent; (b) by mail, by the applicant; or (c) in any other format and manner that the …

26 The clerk’s decision under section 24 or 25 is final. 1996, c. 32, Sched., s. 26. List of changes

27 (1) During the period beginning on September 20 and ending on September 30 in the year of a regular election, the clerk shall, (a) prepare an interim list of changes to the voters’ list that, (i) must include changes approved under sections 24 and 25 on or before September 20, and (ii) may include changes based on updated information from the permanent register of electors that the clerk obtains on or before September 20; and (b) give a copy of the interim list to each person who received a copy of the voters’ list under section 23. 2020, c. 23, Sched. 4, s. 9. Final list (2) Within 30 days after voting day, the clerk shall, (a) prepare a final list of the changes to the voters’ list approved under sections 24 and 25; and (b) give a copy of the final list of changes to the Chief Electoral Officer. 2020, c. 23, Sched. 4, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 33, …

28 (1) The clerk shall prepare and certify the voters’ list for use in each voting place established under section 45. 1996, c. 32, Sched., s. 28 (1). Same (2) In preparing the voters’ list, the clerk, (a) shall determine which electors appear on the voters’ list for each voting place; (b) shall remove the names that are shown in the interim list of changes as names to be removed; and (c) may make any other changes approved under section 24. 1996, c. 32, Sched., s. 28 (2).

Candidates

29 (1) A person may be nominated for an office only if, as of the day the person is nominated, (a) he or she is qualified to hold that office under the Act that creates it; and (b) he or she is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold the office. 1996, c. 32, Sched., s. 29 (1); 2002, c. 17, Sched. D, s. 8 (1). Certain persons eligible to be nominated (1.1) Despite subsection (1) and despite section 258 of the Municipal Act, 2001, section 203 of the City of Toronto Act, 2006, section 9 of the Legislative Assembly Act and section 219 of the Education Act, a member of the Legislative Assembly of Ontario or the Senate or House of Commons of Canada is not ineligible to be nominated for an office in an election by virtue of being a member of any of those bodies but, if the person is a member of any of those bodies as of the close …

30 (1) An employee of a municipality or local board is eligible to be a candidate for and to be elected as a member of the council or local board that is the employer if he or she takes an unpaid leave of absence beginning as of the day the employee is nominated and ending on voting day. 1996, c. 32, Sched., s. 30 (1); 2002, c. 17, Sched. D, s. 9 (1). Notice of leave (2) The employee shall give the council or local board written notice, in advance, of his or her intention to take unpaid leave under subsection (1). 1996, c. 32, Sched., s. 30 (2). Right to unpaid leave (3) The employee is entitled, as of right, to take unpaid leave under subsection (1). 2002, c. 17, Sched. D, s. 9 (2). Vacation and overtime pay (3.1) Despite subsection (1), an employee of a municipality or local board is entitled to be paid out any vacation pay or overtime pay owing to the employee during the period of the…

31 Nomination day for a regular election is the third Friday in August in the year of the election. 2016, c. 15, s. 22; 2020, c. 26, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 10 - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (14) - 01/01/2010 2016, c. 15, s. 22 - 09/06/2016 2020, c. 26, Sched. 2, s. 4 - 20/11/2020

32 The clerk shall give notice of the offices for which persons may be nominated and of the nomination procedure under this Act. 1996, c. 32, Sched., s. 32.

33 (1) A person may be nominated for an office by filing a nomination, (a) in the clerk’s office, in person or by an agent; or (b) if the clerk has provided for electronic filing under subsection (6), electronically. 2021, c. 5, Sched. 4, s. 2 (1). Endorsement of nominations for council (1.1) Subject to subsection (1.4), the nomination of a person for an office on a council must be endorsed by at least 25 persons, and they may endorse more than one nomination. 2016, c. 15, s. 23 (1); 2017, c. 10, Sched. 4, s. 8 (4). Same (1.2) Persons endorsing a nomination under subsection (1.1) must be eligible to vote in an election for an office within the municipality, if a regular election was held on the day that the person endorses the nomination. 2016, c. 15, s. 23 (1). Same (1.2.1) For greater certainty, endorsements of a nomination under subsection (1.1) shall be collected as original signatur…

33.0.1 (1) As soon as practicable upon the filing of a person’s nomination, the clerk shall calculate the applicable maximum amount of the person’s expenses for the purposes of subsection 88.20 (6), as of the filing date, using the number of electors referred to in paragraph 1 of subsection 88.20 (11), and shall give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount as of the filing date. 2016, c. 15, s. 24; 2021, c. 5, Sched. 4, s. 3. Calculation final (2) The clerk’s calculation is final. 2009, c. 33, Sched. 21, s. 8 (17). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (17) - 01/01/2010 2016, c. 15, s. 24 - 09/06/2016 2021, c. 5, Sched. 4, s. 3 - 19/04/2021

33.0.2 (1) As soon as practicable upon the filing of a person’s nomination, the clerk shall calculate the applicable maximum amount for the purposes of subsection 88.9.1 (1), as of the filing date, using the number of electors referred to in paragraph 1 of subsection 88.9.1 (2), and shall give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount as of the filing date. 2017, c. 10, Sched. 4, s. 8 (7); 2021, c. 5, Sched. 4, s. 4. Calculation final (2) The clerk’s calculation is final. 2017, c. 10, Sched. 4, s. 8 (7). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 4, s. 8 (7) - 30/05/2017 2021, c. 5, Sched. 4, s. 4 - 19/04/2021

33.1 The clerk shall, before voting day, give to each person nominated for an office notice of, (a) the penalties under subsections 88.23 (2) and 92 (1) related to election campaign finances; and (b) the refund of the nomination filing fee that the candidate is entitled to receive in the circumstances described in section 34. 2016, c. 15, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 12 - 01/01/2003 2016, c. 15, s. 25 - 09/06/2016

34 A candidate is entitled to receive a refund of the nomination filing fee if the documents required under subsection 88.25 (1) are filed on or before 2 p.m. on the filing date in accordance with that subsection. 2016, c. 15, s. 26. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 26 - 09/06/2016

35 (1) The clerk shall examine each nomination that has been filed, in accordance with the following timetable: 1. All nominations filed on or before nomination day shall be examined before 4 p.m. on the Monday following nomination day. 2. Any additional nominations filed under subsection 33 (5) shall be examined before 4 p.m. on the Thursday following nomination day. 1996, c. 32, Sched., s. 35 (1). Certification (2) If satisfied that a person is qualified to be nominated and that the nomination complies with this Act, the clerk shall certify the nomination by signing the nomination paper. 1996, c. 32, Sched., s. 35 (2). Rejection (3) If not satisfied that a person is qualified to be nominated or that the nomination complies with this Act, the clerk shall reject the nomination. 1996, c. 32, Sched., s. 35 (3). Notice (4) When the clerk rejects a nomination, he or she shall, as soon as pos…

36 A person may withdraw his or her nomination by filing a written withdrawal in the clerk’s office, (a) before 2 p.m. on nomination day, if the person was nominated under subsection 33 (4); (b) before 2 p.m. on the Wednesday following nomination day, if the person was nominated under subsection 33 (5). 2009, c. 33, Sched. 21, s. 8 (18). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (18) - 01/01/2010

37 (1) If, at 4 p.m. on the Monday following nomination day, the number of certified candidates for an office is the same as or less than the number to be elected, the clerk shall immediately declare the candidate or candidates elected by acclamation. 1996, c. 32, Sched., s. 37 (1); 2009, c. 33, Sched. 21, s. 8 (19). Same, after additional nominations (2) If additional nominations have been filed under subsection 33 (5) and if, at 4 p.m. on the Thursday following nomination day, the number of certified candidates still does not exceed the remaining number of vacancies, the clerk shall immediately declare the additional candidate or candidates elected by acclamation. 1996, c. 32, Sched., s. 37 (2); 2009, c. 33, Sched. 21, s. 8 (20). Filling vacancies, school boards (3) If an office remains vacant on a school board after the declaration of the election of candidates by acclamation under th…

38 (1) If this section applies, the candidates declared elected to the school board may appoint a person to fill the vacancy at a meeting of the members called for that purpose. 2002, c. 18, Sched. G, s. 14 (1). Criteria (2) A person shall be appointed under subsection (1) only if he or she, (a) is qualified to be elected as a member of the school board; and (b) has consented to accept the office if appointed. 1996, c. 32, Sched., s. 38 (2); 2002, c. 18, Sched. G, s. 14 (2). Vote (3) If more than one person is nominated to fill a vacancy, the secretary of the school board shall take a vote to determine which person shall fill it. 1996, c. 32, Sched., s. 38 (3). Who fills vacancy (4) A person who receives more than half the votes shall fill the vacancy. 1996, c. 32, Sched., s. 38 (4). Further vote (5) If no person receives more than half the votes, the secretary shall take another vote, e…

39 If a certified candidate for an office, before the close of voting on voting day, dies or becomes ineligible to hold the office, (a) if no candidate would be elected by acclamation as a result of the death or ineligibility, (i) the election shall proceed as if the candidate had not been nominated, and (ii) the clerk shall omit the candidate’s name from the ballots or, if they have already been printed, shall cause notice of the candidate’s death or ineligibility to be made available to the public in every voting place; (b) if another candidate would be elected by acclamation as a result of the death or ineligibility, the election is void and a by-election shall be held to fill the office. 2009, c. 33, Sched. 21, s. 8 (21); 2016, c. 15, s. 27. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (21) - 01/01/2010 2016, c. 15, s. 27 - 09/06/2016

39.1 Repealed: 2016, c. 15, s. 28. Section Amendments with date in force (d/m/y) 2000, c. 5, s. 31 - 08/06/2000 2016, c. 15, s. 28 - 09/06/2016

Before Voting Day

40 When an election is to be held, the clerk shall give the electors notice of, (a) the location of the voting places; (b) the dates and times on which the voting places will be open for voting; (c) if section 44 (voting proxies) applies, the manner in which electors may use voting proxies; and (d) if a by-law has been passed under clause 42 (1) (b), (alternative voting methods), the manner in which electors may use the alternative voting method. 1996, c. 32, Sched., s. 40.

41 (1) Repealed: 2016, c. 15, s. 29 (1). Rules for ballots (2) The following rules apply to ballots: 1. Only the names of certified candidates shall appear on the ballot. 2. The candidates’ names shall appear on the ballot in alphabetical order, based on their surnames and, in the case of identical surnames, their forenames. 3. If the candidate wishes and the clerk agrees, another name that the candidate also uses may appear on the ballot instead of or in addition to his or her legal name. 4. No reference to a candidate’s occupation, degree, title, honour or decoration shall appear on the ballot. 5. If the surnames of two or more candidates for an office are identical, or in the clerk’s opinion, so similar as to cause possible confusion, the clerk shall differentiate the candidates on the ballots as the clerk considers to be appropriate in the circumstances. 6. A space for marking the ba…

41.1, 41.2 Repealed: 2020, c. 26, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 30 - 09/06/2016 2020, c. 26, Sched. 2, s. 5 - 20/11/2020

42 (1) The council of a local municipality may pass by-laws, (a) authorizing the use of voting and vote-counting equipment such as voting machines, voting recorders or optical scanning vote tabulators; (b) authorizing electors to use an alternative voting method, such as voting by mail or by telephone, that does not require electors to attend at a voting place in order to vote. 1996, c. 32, Sched., s. 42 (1). Application of by-law (2) A by-law passed under subsection (1) or under a predecessor of it, (a) applies to a regular election if the by-law is passed on or before May 1 in the year of the election; and (b) applies to a by-election if the by-law is passed more than 60 days before voting day. 2009, c. 33, Sched. 21, s. 8 (22); 2016, c. 15, s. 31 (1); 2020, c. 26, Sched. 2, s. 6 (1). Same (2.1) Despite clause (2) (b), in the case of a by-election, (a) if the council of a local municip…

43 (1) Before voting day, each local municipality shall hold an advance vote on one or more dates. 2016, c. 15, s. 32. Same (2) Subject to subsection (3), the clerk shall establish, (a) the date or dates on which the advance vote is held; (b) the number and location of voting places for the advance vote; and (c) the hours during which the voting places shall be open for the advance vote, which may be different for different voting places. 2016, c. 15, s. 32. Same (3) The advance vote shall not be held more than 30 days before voting day. 2016, c. 15, s. 32. Voting places, hours of voting (4) Section 45, except subsection (7), applies to the advance vote with necessary modifications. 1996, c. 32, Sched., s. 43 (4). Sealing of ballot box, etc. (5) On each day of the advance vote the deputy returning officer of the voting place shall, (a) immediately after the close of voting, seal the ball…

44 (1) A person who is entitled to be an elector in a local municipality may appoint another person who is also so entitled as his or her voting proxy, using the prescribed form. 1996, c. 32, Sched., s. 44 (1). Restrictions (2) A person shall not, (a) appoint more than one voting proxy; (b) act as a voting proxy for more than one other person. 1996, c. 32, Sched., s. 44 (2). Spouses, etc. (3) The restriction in clause (2) (b) does not apply if the proxy and the other person are spouses or siblings of each other, parent and child, or grandparent and grandchild. 1996, c. 32, Sched., s. 44 (3); 1999, c. 6, s. 43 (3); 2005, c. 5, s. 46 (3); 2021, c. 4, Sched. 11, s. 24. Timing (4) A person shall not appoint a voting proxy for an election until the later of, (a) the time for the withdrawal of nominations under section 36 has expired for all offices for which the election is being conducted; a…

45 (1) The clerk shall establish the number and location of voting places for an election as he or she considers most convenient for the electors. 1996, c. 32, Sched., s. 45 (1). Accessibility (2) In establishing the locations of voting places, the clerk shall ensure that each voting place is accessible to electors with disabilities. 2009, c. 33, Sched. 21, s. 8 (23). Outside voting subdivision or municipality (3) A voting place may be located outside its voting subdivision and outside its local municipality. 1996, c. 32, Sched., s. 45 (3). Voting places in certain buildings (4) A person or body to whom this subsection applies shall on the clerk’s request, made at least 14 days before voting day, provide, free of any charge, a space for use as a voting place. 1996, c. 32, Sched., s. 45 (4); 2002, c. 17, Sched. D, s. 16 (1); 2016, c. 15, s. 34 (1). Same (5) The space provided shall be acc…

Voting Procedure

46 (1) On voting day, voting places shall be open for the electors to vote from 10 a.m. until 8 p.m. 1996, c. 32, Sched., s. 46 (1). Earlier opening (2) The clerk may establish that specified voting places shall be open on voting day at a specified time before 10 a.m. 1996, c. 32, Sched., s. 46 (2); 2016, c. 15, s. 35 (1). Reduced voting hours, institutions and retirement homes (3) Despite subsection (1), the clerk may establish reduced voting hours with respect to a voting place described in subsection 45 (7) that is only for the use of residents of the institution or retirement home. 2016, c. 15, s. 35 (2). In voting place at closing time (4) An elector who is in a voting place at the time for closing under subsection (1) or (3) and has not yet voted is still entitled to vote. 2016, c. 15, s. 35 (2). Section Amendments with date in force (d/m/y) 2016, c. 15, s. 35 (1, 2) - 09/06/2016

47 (1) No person shall remain in a voting place when the vote is being taken or the votes are being counted except, (a) the clerk and the deputy returning officer and any other election official appointed for the voting place; (b) a certified candidate, other than a candidate who has been declared to be elected by acclamation; (c) one scrutineer appointed by each person described in clause (b) for each ballot box in use at the voting place; (d) the scrutineers appointed by a municipality in relation to a by-law or question; and (e) the scrutineers appointed by a local board or the Minister in relation to a question. 1996, c. 32, Sched., s. 47 (1); 2002, c. 17, Sched. D, s. 17. Same (2) The number of scrutineers who may be present under clause (1) (c) is reduced by one while the candidate who appointed them is present in the voting place. 1996, c. 32, Sched., s. 47 (2). Number of scrutine…

48 (1) While an elector is in a voting place, no person shall attempt, directly or indirectly, to influence how the elector votes. 1996, c. 32, Sched., s. 48 (1). No election campaign material (2) Without limiting the generality of subsection (1), no person shall display a candidate’s election campaign material or literature in a voting place. 1996, c. 32, Sched., s. 48 (2). Interpretation (3) For the purpose of this section, “voting place” includes any place in the immediate vicinity of the voting place designated by the clerk. 2002, c. 17, Sched. D, s. 18. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 18 - 01/01/2003

49 (1) Every person who is present in a voting place or at the counting of the votes shall help to maintain the secrecy of the voting. 1996, c. 32, Sched., s. 49 (1). Offences (2) No person shall, (a) interfere or attempt to interfere with an elector who is marking the ballot; (b) obtain or attempt to obtain, at a voting place, information about how an elector intends to vote or has voted; or (c) communicate any information obtained at a voting place about how an elector intends to vote or has voted. 1996, c. 32, Sched., s. 49 (2). Same, revealing a vote (3) No elector shall, (a) take a photograph or video recording of his or her marked ballot; or (b) show his or her marked ballot to any person so as to reveal how he or she has voted, except in connection with obtaining assistance in voting under paragraph 4 of subsection 52 (1). 2016, c. 15, s. 36. No requirement of disclosure (4) No pe…

50 (1) An elector whose hours of employment are such that he or she would not otherwise have three consecutive hours to vote on voting day is entitled to be absent from work for as long as is necessary to allow that amount of time. 1996, c. 32, Sched., s. 50 (1). Employer’s convenience (2) The absence shall be timed to suit the employer’s convenience as much as possible. 1996, c. 32, Sched., s. 50 (2). No deduction or penalty (3) The employer shall not make a deduction from the employee’s pay or impose any other penalty for the absence from work. 1996, c. 32, Sched., s. 50 (3).

51 (1) An elector whose name appears on the voters’ list for a voting place is entitled to vote there, subject to subsection (2). 1996, c. 32, Sched., s. 51 (1). Rules (2) The following rules apply to the exercise of the right to vote: 1. An elector who is entitled to vote for offices on a municipal council or local board may vote in only one of the voting places established for the area of jurisdiction of the municipality or local board, as the case may be. 2. However, an elector who is entitled to vote in more than one of the local municipalities forming part of an upper-tier municipality is entitled to vote in one voting place established for each of the local municipalities for offices on the local councils, even if the holders of the offices would or could under certain circumstances also be members of the upper-tier council. 3. An elector is entitled to vote for as many candidates …

52 (1) The following procedure shall be followed when a person enters a voting place and requests a ballot: 1. Subject to paragraph 3, the deputy returning officer shall give the person a ballot only if, i. the deputy returning officer is satisfied that the person is entitled to vote at the voting place, and ii. the person presents the prescribed proof of identity and residence or completes an application in the prescribed form, including a statutory declaration that he or she is the elector shown on the voters’ list. 2. If the deputy returning officer, a scrutineer or a certified candidate objects to the person voting, the deputy returning officer shall have the fact of the objection and by whom it was made recorded on the voters’ list next to the person’s name. 3. When an objection has been made as described in paragraph 2, the deputy returning officer shall give the person a ballot if…

53 (1) The clerk may declare an emergency if he or she is of the opinion that circumstances have arisen that are likely to prevent the election being conducted in accordance with this Act. 1996, c. 32, Sched., s. 53 (1). Arrangements (2) On declaring an emergency, the clerk shall make such arrangements as he or she considers advisable for the conduct of the election. 1996, c. 32, Sched., s. 53 (2). Conflict (3) The arrangements made by the clerk, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it. 1996, c. 32, Sched., s. 53 (3). Time (4) The emergency continues until the clerk declares that it has ended. 1996, c. 32, Sched., s. 53 (4). No review or setting aside (5) If made in good faith, the clerk’s declaration of emergency and arrangements shall not be reviewed or set aside on account of unreasonableness or suppos…

Counting of Votes

54 (1) Immediately after the close of voting on voting day, the deputy returning officer shall open the ballot box for his or her voting place and proceed to count, (a) in the case of an election for office, the number of votes for each candidate; (b) in the case of an election to obtain the assent of the electors to a by-law, the number of votes in favour of the by-law and the number opposed to it; and (c) in the case of an election to obtain the opinion of the electors on any question, the number of votes for each possible answer to the question. 1996, c. 32, Sched., s. 54 (1). Rejection of ballots (2) The deputy returning officer shall reject from the count all ballots and votes in a ballot that do not comply with the prescribed rules. 1996, c. 32, Sched., s. 54 (2). Objections (3) A scrutineer or certified candidate may object to a ballot, or to the counting of some or all votes in a…

55 (1) As soon as possible after counting the votes, the deputy returning officer shall, (a) prepare a statement, in duplicate, showing the results of the election at the voting place; (b) place the ballots and all other materials and documents related to the election, except the original statement of results, in the ballot box; (c) seal the ballot box so that ballots cannot be deposited in or withdrawn from it without breaking the seal; and (d) deliver the original statement of results and the ballot box to the clerk. 1996, c. 32, Sched., s. 55 (1). Copies of statement (2) A scrutineer or certified candidate is entitled to receive a copy of the statement of results from the clerk, on request. 1996, c. 32, Sched., s. 55 (2). Results of election (3) The clerk shall determine the results of the election by compiling the statements of results received from the deputy returning officers. 199…

Recounts

56 (1) The clerk shall hold a recount, (a) of the votes for two or more candidates who receive the same number of votes and cannot both or all be declared elected to the office; (b) of the votes on a by-law, if the votes for the affirmative and negative are equal; (c) of the votes for two or more answers to a question, if the votes are equal. 1996, c. 32, Sched., s. 56 (1). Recount in accordance with policies (1.1) The clerk shall hold a recount in accordance with any policy passed by the municipality or local board under subsection (3) or (4). 2016, c. 15, s. 40 (1). Time for recount (2) The recount shall be held within 15 days after the clerk’s declaration of the results of the election. 1996, c. 32, Sched., s. 56 (2); 2002, c. 17, Sched. D, s. 20. Municipality, policy (3) A municipality may, by by-law, adopt a policy with respect to the circumstances in which the municipality requires…

57 (1) Within 30 days after the clerk’s declaration of the results, (a) the council of a municipality may pass a resolution requiring a recount of the votes cast, (i) for all or specified candidates for an office on the council, (ii) for all or specified answers to a question submitted by the council, (iii) for and against a by-law submitted by the council; (b) a local board may pass a resolution requiring a recount of the votes cast, (i) for all or specified candidates for an office on the local board, or (ii) for all or specified answers to a question submitted by the local board; (c) the Minister may make an order requiring a recount of the votes cast for all or specified answers to a question submitted by him or her. 1996, c. 32, Sched., s. 57 (1). Recount (2) The clerk shall hold a recount in accordance with the resolution or order, within 15 days after it is passed or made. 1996, c…

58 (1) A person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Superior Court of Justice for an order that the clerk hold a recount. 1996, c. 32, Sched., s. 58 (1); 2002, c. 17, Sched. D, s. 22 (1). Time for application (2) The application shall be commenced within 30 days after the clerk’s declaration of the results of the election. 1996, c. 32, Sched., s. 58 (2). Order, notice (3) If satisfied that there are sufficient grounds for it, the court shall make an order requiring the clerk to hold a recount of the votes cast for all or specified candidates, on a by-law, or for all or specified answers to a question, and shall give the clerk a copy of the order as soon as possible. 1996, c. 32, Sched., s. 58 (3). Time for recount (4) The recount shall be held within 15 days after the day the clerk receives a…

59 The clerk may conduct, as part of a recount under section 56, 57 or 58 that relates to an office, a recount of the votes cast for another candidate for that office. 1996, c. 32, Sched., s. 59.

60 (1) A recount under section 56, 57 or 58 shall be conducted in the same manner as the original count, whether manually or by vote-counting equipment. 2016, c. 15, s. 41 (1). Prescribed rules (2) A recount shall be conducted in accordance with the prescribed rules, subject to subsection (3). 1996, c. 32, Sched., s. 60 (2). Order specifying different manner of doing recount (3) Despite subsection (1), if the judge who orders a recount under section 58 is of the opinion that the manner in which the original count was conducted caused or contributed to the doubtful result, he or she may, in the order, provide that the recount shall be held in a different manner and specify the manner. 1996, c. 32, Sched., s. 60 (3); 2016, c. 15, s. 41 (2). (4) Repealed: 2020, c. 26, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 41 (1-3) - 09/06/2016 2020, c. 26, Sched. 2, s…

61 (1) The following persons may be present at a recount under section 56, 57 or 58 that relates to an office: 1. The clerk and any other election official appointed for the recount. 2. Every certified candidate for the office. 3. The applicant, in the case of a recount ordered under section 58. 4. For each person referred to in paragraphs 2 and 3, i. a lawyer, and ii. one scrutineer for each recount station established by the clerk. 1996, c. 32, Sched., s. 61 (1). Same, by-law or question (2) The following persons may be present at a recount that relates to a by-law or question: 1. The clerk and any other election official appointed for the recount. 2. The scrutineers appointed by the municipality or local board or by the Minister, as the case may be. 3. The applicant, in the case of a recount ordered under section 58. 4. For the applicant referred to in paragraph 3, i. a lawyer, and ii…

62 (1) When the recount is complete, the clerk shall, (a) announce the result of the recount; and (b) if there are disputed ballots, (i) announce the number of them, (ii) announce the result that would be obtained if the disputed ballots were excluded, and (iii) write the number of the voting place on the back of and initial each disputed ballot, place them in a separate envelope clearly marked so as to indicate its contents, and seal the envelope. 1996, c. 32, Sched., s. 62 (1). Who may be present (2) Any persons described in subsections 61 (1), (2) and (7) who are at the recount are entitled to be present while the clerk acts under subsection (1). 1996, c. 32, Sched., s. 62 (2). Tied vote (3) If the recount indicates that two or more candidates who cannot both or all be declared elected to an office have received the same number of votes, the clerk shall choose the successful candidate…

63 (1) A person described in subsection (2) who disputes the validity of a ballot or of the counting of votes in a ballot may, within 15 days after the clerk announces the result under section 62, apply to the Superior Court of Justice for a recount limited to the disputed ballots. 1996, c. 32, Sched., s. 63 (1); 2002, c. 17, Sched. D, s. 23 (1). Who may apply (2) Subsection (1) applies to a certified candidate, an applicant under section 58 or, in the case of a by-law or question, the municipality or local board or the Minister, as the case may be. 1996, c. 32, Sched., s. 63 (2). Notice of application (3) Notice of the application shall be served on the clerk and, if the application concerns an office, on each certified candidate. 1996, c. 32, Sched., s. 63 (3). Summary procedure (4) The application shall be dealt with in a summary manner, without application records or factums; the rec…