ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE UPDATE

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MCGUINTY GOVERNMENT RELEASES PACKAGE OF PROPOSED AMENDMENTS TO BILL 231

April 13, 2010

SUMMARY

Below we set out the McGuinty Government’s package of proposed amendments to Bill 231. (About 15 pages.) We have not had time to review these. They will be debated before the Standing Committee on the Legislative Assembly on April 14, 2010 from noon to 3 pm.

If you want to read the text of Bill 231 to see how these amendments fit in, click on:
http://www.aodaalliance.org/docs/1209-Bill-231.doc

Send your feedback to us at:
aodafeedback@gmail.com


MCGUINTY GOVERNMENT’S PROPOSED AMENDMENTS TO BILL 231

mot231.gov.e
Motions package draft 19

Bill 231
An Act to amend the Election Act and the Election Finances Act
Government Motions
Government Motion
v. 2
Bill 231
An Act to amend the Election Act and the Election Finances Act
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 4 of Bill (clause 4.4 (6) (d) of Election Act)

I move that clause 4.4 (6) (d) of the Election Act, as set out in section 4 of the Bill, be struck out and the following substituted:

(d) refer to the provisions of this Act that will not be complied with and specify the nature and extent of non-compliance in each case.

Government Motion

v. 1

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 5 of Bill (subsection 7 (4) of Election Act)

I move that subsection 7 (4) of the Election Act, as set out in section 5 of the Bill, be amended by striking out “December 31, 2013” in the portion before the paragraphs and substituting “the rollover date”.

Government Motion

v. 3

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 5 of Bill (subsection 7 (4.1) of Election Act)

I move that section 7 of the Election Act, as set out in section 5 of the Bill, be amended by adding the following subsection:

Six-month extension

(4.1) Despite subsections (3) and (4), a returning officer’s term of office is extended for six months if it would otherwise end during the period that,

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

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

Government Motion

v. 2

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 7 of Bill (section 13 of Election Act)

I move that section 7 of the Bill be struck out and the following substituted:

7. (1) Subsection 13 (1) of the Act is amended by striking out “and to section 14” and substituting “and to sections 13.1 and 14”.

(2) Subsection 13 (3.3) of the Act is amended by striking out at the beginning “Nothing in subsection (3.1)” and substituting “Nothing in subsection (3.1) or section 13.1”.

(3) The French version of subsection 13 (4) of the Act is amended by striking out “bureau de vote” at the end and substituting “emplacement de vote”.

(4) The French version of subsection 13 (7) of the Act is amended by striking out “numéro de bureau de vote” at the end and substituting “numéro de section de vote”.

Government Motion

v. 9

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 7.1 of Bill (section 13.1 of Election Act)

I move that the Bill be amended by adding the following section:

7.1 The Act is amended by adding the following before the heading “Hospitals, Retirement Homes, Nursing Homes and Other Institutions”:

Accessibility

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.

Application

(2) Subsection (3) applies only with respect to general elections held under subsection 9 (2).

Posting for comment

(3) The returning officer shall provide the following information to the Chief Electoral Officer, who shall publish it on a website on the Internet:

1. The proposed locations of polling places.

2. Details about steps that could be taken to ensure the accessibility of those locations.

3. An invitation to members of the public to comment, within one month after the posting, on whether the proposed locations are sufficiently accessible.

Time for posting

(4) The posting described in subsection (3) shall take place at least six months before polling day.

Government Motion

v. 6

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Subsection 23 (1) of Bill (section 44.1 of Election Act)

I move that section 44.1 of the Election Act, as set out in subsection 23 (1) of the Bill, be struck out and the following substituted:

Accessible voting equipment, etc.

44.1 (1) At an election, accessible voting equipment and related vote counting equipment shall be made available in accordance with this section and in accordance with the Chief Electoral Officer’s direction under subsection (2).

Direction and notice

(2) Not later than 21 days before polling day, the Chief Electoral Officer shall,

(a) make a direction describing the accessible voting equipment and related vote counting equipment in detail and referring to the provisions of this Act that will not be complied with;

(b) provide copies of the direction to the leader of each registered party and to every candidate who has been nominated; and

(c) publish the direction on a website on the Internet.

Returning offices

(3) The accessible voting equipment and related vote counting equipment shall be made available in returning offices during the period that begins on the first day of advance polls and ends on the day before polling day, as follows:

1. The equipment shall be made available during advance polls that are held in returning offices.

General election

(4) At a general election, the accessible voting equipment and related vote counting equipment shall be made available in every electoral district.

Condition

(5) Despite subsection (1), accessible voting equipment and related vote counting equipment shall not be made available unless an entity that the Chief Electoral Officer considers to be an established independent authority on the subject of voting equipment and vote counting equipment has certified that the equipment meets acceptable security and integrity standards.

Rules

(6) The use of accessible voting equipment and related vote counting equipment under subsection (1) is subject to the following rules:

1. The equipment must allow the elector to vote privately and independently.

2. The equipment must not be part of or connected to an electronic network.

3. 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.

4. For the purpose of paragraph 3, testing includes, without limitation, logic and accuracy testing.

5. Voting by means of the equipment must not begin before the test conducted under subparagraph 3 i has been successfully completed, even if advance polls have already begun.

6. The information made available to the elector through the equipment before voting must comply with subsections 34 (2) and (3), with necessary modifications.

7. The equipment must create a paper ballot that records the vote cast, is retained in the same way as ordinary ballots and shows the name of the electoral district, the date of polling and the name of the printer.

8. The equipment must allow the elector to verify his or her vote, without the assistance of another person, before the paper ballot is printed.

9. The equipment or the process used must allow the elector to verify his or her vote after the paper ballot is printed but before casting his or her vote.

10. The equipment must have a feature which, if a ballot is unreadable or unmarked, brings the fact to the elector’s attention. When this happens, the elector must be given another ballot or another opportunity to mark the first ballot.

Counting

(7) Votes that are cast at a returning office by means of accessible voting equipment shall be counted by the related vote counting equipment, subject to subsection (8).

Inconsistent tests

(8) If the tests conducted under subparagraphs 3 i and ii of subsection (6), are inconsistent, the returning officer shall immediately advise the Chief Electoral Officer, who may direct the returning officer to have the count conducted manually.

Report

(9) The Chief Electoral Officer shall include a report on the use of accessible voting equipment and related vote counting equipment at an election,

(a) in any report that the Chief Electoral Officer makes with respect to that election; or

(b) in the next annual report made under section 114.3.

Definition

(10) In this section,

“accessible voting equipment” means voting equipment that is accessible to persons with disabilities.

Government Motion

v.2

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Subsection 23 (2) of Bill (subsection 44.1 (3) of Election Act)

I move that subsection 23 (2) of the Bill be amended by striking out “Subsection 44.1 (4)” at the beginning and substituting “Subsection 44.1 (3)”.

Government Motion

v. 5

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 25 of Bill (section 45.2.1 of Election Act)

I move that section 25 of the Bill be amended by adding the following as section 45.2.1 of the Election Act:

List of special ballot electors

Applications in electoral district

45.2.1 (1) Each day during the period that begins on the 28th day before polling day and ends at 6 p.m. on the last day before polling day, the special ballot officer in the returning office shall notify the returning officer of the names, addresses and polling division numbers of all electors whose applications to vote by special ballot are approved on that day.

Applications to Chief Electoral Officer

(2) On receiving notice under subparagraph 4 i of subsection 45.2 (6) that an elector is voting by special ballot, the returning officer shall record the elector’s name, address and polling division number.

Candidates

(3) On request, the returning officer shall provide to every candidate who has been nominated a list of electors with respect to whom the returning officer has received notice under subsection (1) or (2) up to the time the request is made.

Government Motion

v. 2

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 25 of Bill (subsection 45.5 (2) of Election Act)

I move that section 45.5 of the Election Act, as set out in section 25 of the Bill, be amended by adding the following subsection:

Same

(2) In the case of a general election, the special ballot kit shall contain only the part of the list that shows the candidates for the elector’s electoral district.

Government Motion

v. 7

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 25.1 of Bill (section 67.2 of Election Act)

I move that the Bill be amended by adding the following section:

25.1 The Act is amended by adding the following before the heading “Effect of Irregularities”:

Report

67.2 (1) After every election, the Chief Electoral Officer shall prepare a report that includes,

(a) a summary of,

(i) feedback received on the manner in which services are provided under this Act to persons with disabilities in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 and the regulations made under that Act, and

(ii) the response to the feedback, including any steps taken to respond to negative feedback;

(b) a summary of every report made under subsection 55.1 (1);

(c) in the case of a general election, the findings of the survey conducted under subsection 67.1 (1);

(d) a summary of measures taken at the election to address barriers to accessibility and other accessibility issues; and

(e) any recommendations with respect to barriers to accessibility and other accessibility issues that the Chief Electoral Officer considers appropriate.

Same

(2) The Chief Electoral Officer shall include the report described in subsection (1),

(a) in any report that the Chief Electoral Officer makes with respect to the election; or

(b) in the next annual report made under section 114.3.

Government Motion

v. 3

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 26 of Bill (section 74.1 of Election Act)

I move that section 74.1 of the Election Act, as set out in section 26 of the Bill, be struck out and the following substituted:

Recount conducted manually

74.1 A recount that is made from the actual ballots shall be conducted manually, even if the original count was done by vote counting equipment.

Government Motion

v. 2

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 31.1 of Bill (section 114.3.1 of Election Act)

I move that the Bill be amended by adding the following section:

31.1 The Act is amended by adding the following section:

Accessible format

114.3.1 Every report, direction or notice that this Act requires the Chief Electoral Officer to publish shall be made available to persons with disabilities in a manner that takes their disabilities into account, in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 and the regulations made under that Act.

Government Motion

v. 10

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 35 of Bill (sections 25.1 to 25.5 of Election Finances Act)

I move that section 25.1 of the Election Finances Act, as set out in section 35 of the Bill, be struck out and the following substituted:

Electronic database for recording contributions and issuing receipts

25.1 (1) Each registered party shall maintain an electronic database that,

(a) allows the chief financial officers of the party and of its registered constituency associations and registered candidates to record all contributions received; and

(b) allows the chief financial officer of the party to issue receipts generated from the electronic database.

Recording of contributions

(2) The chief financial officer of a registered party is responsible for ensuring that all contributions received by the party are recorded in the party’s electronic database.

Same

(3) The chief financial officer of a registered constituency association is responsible for ensuring that all contributions received by the association are recorded in the party’s electronic database.

Same

(4) The chief financial officer of a registered candidate who is not an independent candidate is responsible for ensuring that all contributions received by the candidate are recorded in the party’s electronic database.

Issuing of receipts

(5) The chief financial officer of a registered party is responsible for ensuring that receipts generated from the electronic database, whether in paper form or electronic form, are issued for all contributions received by the party and by its registered constituency associations and registered candidates.

Same

(6) The chief financial officers of registered constituency associations and registered candidates shall not issue receipts for contributions, and subsection 25 (1) and clause 33 (4) (c) do not apply to them.

Cancellation of receipts

(7) The chief financial officer of a registered party shall, immediately on receiving the Chief Electoral Officer’s request to do so, cease issuing receipts for contributions.

Application rules

(8) The following rules apply to a registered party on and after June 1, 2012:

1. The party must comply with subsection (1).

2. The chief financial officer of the party must comply with subsection (2).

3. The chief financial officers of the party’s registered constituency associations must comply with subsection (3).

4. The chief financial officers of the party’s registered candidates must comply with subsection (4).

5. The chief financial officer of the party must comply with subsection (5) in relation to contributions received on or after June 1, 2012.

6. Subsection (6) applies to the chief financial officers of the party’s registered constituency associations.

7. Subsection (6) applies to the chief financial officers of the party’s registered candidates.

8. Subsection (7) applies to the chief financial officer of the party.

Role of Chief Electoral Officer

Guidelines

25.2 (1) The Chief Electoral Officer shall provide such guidelines as he or she considers necessary for electronic databases that are maintained for the purposes of section 25.1.

Same

(2) Without limiting the generality of subsection (1), the guidelines shall deal with ensuring that,

(a) the information in the electronic database is accurate;

(b) the chief financial officer of the registered party has the ability to verify the information in the electronic database; and

(c) the information in the electronic database is capable of being audited.

Publication

(3) The Chief Electoral Officer shall publish the guidelines in The Ontario Gazette and on a website on the Internet.

Timing

(4) The Chief Electoral Officer shall publish the first guidelines under (3) on or before January 1, 2011.

Assessment

(5) The Chief Electoral Officer shall assess each electronic database that is maintained for the purposes of section 25.1 and, if satisfied that the electronic database complies with the guidelines and with this Act, shall approve it.

Approval

(6) The chief financial officer of a registered party shall ensure that,

(a) the party’s electronic database receives the Chief Electoral Officer’s approval before being launched; and

(b) any material changes to the party’s electronic database receive the Chief Electoral Officer’s approval before being launched.

Compliance

(7) The Chief Electoral Officer shall advise and work with the chief financial officers of registered parties to promote compliance with section 25.1 and with subsection (6) of this section.

Opting in before June 1, 2012

25.3 If a political party is registered under this Act on June 1, 2011 or becomes registered under this Act on or before May 31, 2012, the chief financial officer of the party may opt for early compliance at any time during the period that begins on June 1, 2011 and ends on May 31, 2012, in accordance with the following rules:

1. The chief financial officer may give the Chief Electoral Officer written notice of one of the following :

i. the party, its registered constituency associations and its registered candidates will comply with section 25.1,

ii. the party and its registered constituency associations, but not its registered candidates, will comply with section 25.1,

iii. the party and its registered candidates, but not its registered constituency associations, will comply with section 25.1, or

iv. the party, but not its registered candidates and registered constituency associations, will comply with section 25.1.

2. If the chief financial officer gives a notice described in paragraph 1,

i. the chief financial officer shall ensure that the party’s electronic database receives the Chief Electoral Officer’s approval before being launched, and

ii. on and after the effective date set out in the notice, the chief financial officer shall ensure that any material changes to the party’s electronic database receive the Chief Electoral Officer’s approval before being launched.

3. If the chief financial officer gives the notice described in subparagraph 1 i,

i. paragraphs 1, 2, 3, 4, 6, 7 and 8 of subsection 25.1 (8) apply on and after the effective date set out in the notice, and

ii. the chief financial officer must comply with subsection 25.1 (5) in relation to contributions received on or after the effective date.

4. If the chief financial officer gives the notice described in subparagraph 1 ii,

i. paragraph 1 of subsection 25.1 (8) applies on and after the effective date set out in the notice, except that the party’s electronic database need not allow the chief financial officers of registered candidates to record contributions,

ii. paragraphs 2, 3, 6 and 8 of subsection 25.1 (8) apply on and after the effective date set out in the notice, and

iii. the chief financial officer must comply with subsection 25.1 (5) in relation to contributions received by the party and by its registered constituency associations on or after the effective date.

5. If the chief financial officer gives the notice described in subparagraph 1 iii,

i. paragraph 1 of subsection 25.1 (8) applies on and after the effective date set out in the notice, except that the party’s electronic database need not allow the chief financial officers of registered constituency associations to record contributions,

ii. paragraphs 2, 4, 7 and 8 of subsection 25.1 (8) apply on and after the effective date set out in the notice, and

iii. the chief financial officer must comply with subsection 25.1 (5) in relation to contributions received by the party and by its registered candidates on or after the effective date.

6. If the chief financial officer gives the notice described in subparagraph 1 iv,

i. paragraph 1 of subsection 25.1 (8) applies on and after the effective date set out in the notice, except that the party’s electronic database need not allow the chief financial officers of registered constituency associations and registered candidates to record contributions,

ii. paragraphs 2 and 8 of subsection 25.1 (8) apply on and after the effective date set out in the notice, and

iii. the chief financial officer must comply with subsection 25.1 (5) in relation to contributions received by the party on or after the effective date.

Exemption, 50 per cent threshold

25.4 (1) Subsections (2) and (3) apply to a registered political party that has not, in the 2007 general election or in any subsequent general election, had official candidates in 50 per cent or more of Ontario’s electoral districts.

Same

(2) Section 25.1 does not apply in respect of the party unless the party’s chief financial officer opts for compliance under section 25.3 or under subsection (3) of this section.

Opting in on and after June 1, 2012

(3) The chief financial officer of the party may, at any time from June 1, 2012 onwards, opt for compliance by giving the Chief Electoral Officer written notice that the party will comply with section 25.1.

Loss of exemption

25.5 On and after the first anniversary of polling day in any general election in which a registered political party has official candidates in 50 per cent or more of Ontario’s electoral districts for the first time,

(a) section 25.4 no longer applies to the party; and

(b) section 25.1 applies to the party.

Government Motion

v. 1

Bill 231

An Act to amend the Election Act and the Election Finances Act

Motion to be moved in Committee

(On peut obtenir la version française de cette motion auprès du greffier.)

M

Section 40 of Bill

I move that section 40 of the Bill be struck out and the following substituted:

Commencement

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

Same

(2) Subsections 3 (2) and 23 (2) and sections 25 and 28 come into force on July 1, 2011.