Conservative Party Releases Package of Proposed Amendments to Bill 231

April 13, 2010

SUMMARY

Below we set out the Conservative Party’s package of proposed amendments to Bill 231. (About 22 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.

It remains open to any of the three parties to bring forward more amendments all the way up to the meeting of the Standing Committee on the Legislative Assembly, and even during that meeting.

If you want to read the text of Bill 231 to see how these amendments fit in, click on:
http://www.www.aodaalliance.org/wp-content/uploads/2016/02/1209-Bill-231.doc

Send your feedback to us at:

aodafeedback@gmail.com

CONSERVATIVE PARTY’S PROPOSED AMENDMENTS TO BILL 231

mot231pc.e
Motions package draft 7

Bill 231
An Act to amend the Election Act and the Election Finances Act
PC Motions
PC Motion
v. 3
Bill 231
An Act to amend the Election Act and the Election Finances Act
Motion to be moved in Committee

Section 4 of Bill (paragraph 1 of subsection 4.4 (2) of Election Act)

I move that paragraph 1 of subsection 4.4 (2) of the Election Act, as set out in section 4 of the Bill, be amended by adding at the end “including, without limitation, achieving accessibility for electors and candidates with disabilities”.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Section 4 of Bill (subsection 4.4 (3) of Election Act)

I move that subsection 4.4 (3) of the Election Act, as set out in section 4 of the Bill, be struck out.

PC Motion

v. 4

Bill 231

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

Motion to be moved in Committee

Section 4 of Bill (subsection 4.4 (4.1) of Election Act)

I move that section 4.4 of the Election Act, as set out in section 4 of the Bill, be amended by adding the following subsection:

Same

(4.1) No requirement for accessibility under this Act, the Human Rights Code or the Accessibility for Ontarians with Disabilities Act, 2005 shall be modified under this section unless the effect of the modification is to increase the requirement.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 4 of Bill (subsection 4.4 (10) of Election Act)

I move that subsection 4.4 (10) of the Election Act, as set out in section 4 of the Bill, be struck out and the following substituted:

Report

(10) When an election is conducted in accordance with a direction under this section, the Chief Electoral Officer shall,

(a) include an evaluation of the modifications made by the direction,

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

(ii) in the next annual report made under section 114.3;

(b) publish the evaluation on a website on the Internet; and

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Section 5.1 of Bill (section 9.0.1 of Election Act)

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

5.1 The Act is amended by adding the following section before the heading “Dates for Writs, Close of Nominations and Polling Day”:

Professional activity day under Education Act

9.0.1 Despite anything in the Education Act or in the regulations, policies and guidelines made under it, polling day in a general election held under subsection 9 (2) shall be a professional activity day.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 8 of Bill (subsection 14 (6) of Election Act)

I move that subsection 14 (6) of the Election Act, as set out in section 8 of the Bill, be struck out and the following substituted:

Same

(6) The following rules apply to the Chief Electoral Officer’s direction:

1. It may apply to one or more electoral districts.

2. It may impose conditions on the use of mobile polls.

3. It may impose different conditions with respect to different electoral districts.

4. The Chief Electoral Officer shall publish the direction on a website on the Internet.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Section 8 of Bill (subsection 14 (8) of Election Act)

I move that subsection 14 (8) of the Election Act, as set out in section 8 of the Bill, be struck out and the following substituted:

Same

(8) The returning officer shall also take other reasonable steps that are likely to bring the notice to the attention of the electors in the electoral district, including without limitation the electors resident in each institution.

PC Motion

v. 4

Bill 231

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

Motion to be moved in Committee

Section 9 of Bill (subsections 15 (1.3) to (1.7) of Election Act)

I move that section 9 of the Bill be struck out and the following substituted:

9. Section 15 of the Act is amended by adding the following subsections:

Temporary lodging place of post-secondary student, general election

(1.3) Despite clause (1) (d), in a general election, a person who is temporarily living away from his or her residence in order to attend a prescribed university, college of applied arts and technology or other post-secondary institution is entitled to vote in the electoral district where he or she is temporarily living if,

(a) it would be impossible or unreasonably difficult for the person to vote in the electoral district where he or she resides permanently, whether by special ballot, advance poll or ordinary poll; or

(b) the person has a disability and voting in the electoral district where he or she is temporarily living would improve accessibility for him or her.

Same

(1.4) The following rules apply when a person wishes to vote under subsection (1.3):

1. The person shall apply to the returning officer in the electoral district where he or she is temporarily living.

2. If satisfied that the person is entitled to vote in that electoral district, the returning officer shall give the person a transfer certificate.

3. The person may vote only in that electoral district and at the polling location identified in the transfer certificate.

4. The person shall present the transfer certificate at the time of voting.

Same

(1.5) The Chief Electoral Officer shall establish a list of electors who have received transfer certificates and shall provide a copy of the list to every returning officer.

Temporary lodging place of post-secondary student, by-election

(1.6) Despite clause (1) (d), a person who is temporarily living away from his or her residence in order to attend a prescribed university, college of applied arts and technology or other post-secondary institution is entitled to vote in a by-election in the electoral district where he or she is temporarily living, if he or she has not, since the last general election, voted in a by-election in the electoral district where he or she resides permanently.

Same

(1.7) The following rules apply when a person wishes to vote under subsection (1.6):

1. The person shall apply to the returning officer in the electoral district where he or she is temporarily living.

2. If satisfied that the person is entitled to vote in that electoral district, the returning officer shall give the person a transfer certificate.

3. The person may vote only in that electoral district and at the polling location identified in the transfer certificate.

4. The person shall present the transfer certificate at the time of voting.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Subsection 22 (5) of Bill (subsection 44 (8) of Election Act)

I move that section 22 of the Bill be amended by adding the following subsection:

(5) Section 44 of the Act is amended by adding the following subsection:

Same

(8) The notice shall also be published on a website on the Internet.

PC Motion

v. 2

alt1

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsection 44.1 (2.1) of Election Act)

I move that section 44.1 of the Act, as set out in subsection 23 (1) of the Bill, be amended by adding the following subsection:

Consultation

(2.1) Before making a direction under subsection (1), the Chief Electoral Officer shall consult with the leader of each registered party and with electors about the subject matter of the direction, including without limitation,

(a) the location and availability of accessible voting equipment and related vote counting equipment; and

(b) compliance with the accessibility standards referred to in subsection (5.1).

PC Motion

v. 2

alt2

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsection 44.1 (2.1) of Election Act)

I move that section 44.1 of the Act, as set out in subsection 23 (1) of the Bill, be amended by adding the following subsection:

Consultation

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsection 44.1 (2.2) of Election Act)

I move that section 44.1 of the Act, as set out in subsection 23 (1) of the Bill, be amended by adding the following subsection:

Timing of directions

(2.2) The first direction under subsection (1) shall be made in time for the first general election that is held after the general election of October, 2011, and thereafter a direction shall be made for every general election and by-election.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (clause 44.1 (3) (a.1) of Election Act)

I move that subsection 44.1 (3) of the Act, as set out in subsection 23 (1) of the Bill, be amended by striking out “and” at the end of clause (a) and by adding the following clause:

(a.1) provide copies of the direction to every returning officer; and

PC Motion

v. 4

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsections 44.1 (5.1) and (5.2) of Election Act)

I move that section 44.1 of the Act, as set out in subsection 23 (1) of the Bill, be amended by adding the following subsections:

Accessibility standards

(5.1) When the Chief Electoral Officer has made a direction under subsection (1),

(a) every returning officer shall ensure that the electoral officers receive instruction, before the first advance poll, with respect to the accessible voting equipment and related vote counting equipment;

(b) every returning office shall meet the prescribed accessibility standards or the standards required under the Accessibility for Ontarians with Disabilities Act, 2005, whichever is higher; and

(c) every returning officer shall take all reasonable steps to ensure that every polling place in his or her electoral district meets the prescribed accessibility standards or the standards required under the Accessibility for Ontarians with Disabilities Act, 2005, whichever is higher.

Same

(5.2) If a returning office or polling place does not meet the accessibility standards referred to in subsection (5.1),

(a) the Chief Electoral Officer shall publish notice of the matter on a website on the Internet, before the first day of advance polls; and

(b) the returning officer shall include an explanation in the report prepared under subsection 55.1 (1).

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsection 44.1 (6) of Election Act)

I move that subsection 44.1 (6) of the Act, as set out in subsection 23 (1) of the Bill, be struck out.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (paragraph 2 of subsection 44.1 (7) of Election Act)

I move that paragraph 2 of subsection 44.1 (7) of the Act, as set out in subsection 23 (1) of the Bill, be struck out and the following substituted:

2. The equipment may be part of or connected to an electronic network and may use telephone or other technologies.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (paragraph 3.1 of subsection 44.1 (7) of Election Act)

I move that subsection 44.1 (7) of the Act, as set out in subsection 23 (1) of the Bill, be amended by adding the following paragraph:

3.1 The test conducted under subparagraph 2 i must be completed before the start of advance polls.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (paragraph 4 of subsection 44.1 (7) of Election Act)

I move that paragraph 4 of subsection 44.1 (7) of the Act, as set out in subsection 23 (1) of the Bill, be struck out and the following substituted:

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

i. logic and accuracy testing, and

ii. testing to meet security and integrity standards prescribed by the Lieutenant Governor in Council.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (paragraph 5 of subsection 44.1 (7) of Election Act)

I move that paragraph 5 of subsection 44.1 (7) of the Act, as set out in subsection 23 (1) of the Bill, be amended by striking out “even if advance polls have already begun”.

PC Motion

v. 4

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (paragraph 7 of subsection 44.1 (7) of Election Act)

I move that paragraph 7 of subsection 44.1 (7) of the Act, as set out in subsection 23 (1) of the Bill, be struck out and the following substituted:

7. The equipment may create a paper ballot. If a paper ballot is created, it must record the vote cast, be retained in the same way as ordinary ballots and show the name of the electoral district, the date of polling and the name of the printer.

PC Motion

v. 4

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (paragraphs 8 and 9 of subsection 44.1 (7) of Election Act)

I move that paragraphs 8 and 9 of subsection 44.1 (7) of the Act, as set out in subsection 23 (1) of the Bill, be struck out and the following substituted:

8. The equipment must allow the person to verify his or her vote, without the assistance of another person, before casting the vote.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsection 44.1 (8) of Election Act)

I move that subsection 44.1 (8) of the Election Act as set out in subsection 23 (1) of the Bill, be amended by striking out “shall be counted” and substituting “may be counted”.

PC Motion

v. 3

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsection 44.1 (9) of Election Act)

I move that subsection 44.1 (9) of the Act, as set out in subsection 23 (1) of the Bill, be struck out and the following substituted:

Manual count

(9) The returning officer shall have the count conducted manually if,

(a) the tests conducted under subparagraphs 3 i and ii of subsection (7) are inconsistent; and

(b) the equipment creates a paper ballot.

PC Motion

v. 3

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsections 44.1 (10) to (10.2) of Election Act)

I move that subsection 44.1 (10) of the Act, as set out in subsection 23 (1) of the Bill, be struck out and the following substituted:

Report

(10) When accessible voting equipment and related vote counting equipment are used in an election under this section, the Chief Electoral Officer shall make a report on the matter, after consulting with electors with disabilities.

Same

(10.1) Without limiting the generality of subsection (10), the report shall deal with the rules set out in subsection (7) and with inconsistent tests described in subsection (9).

Same

(10.2) The Chief Electoral Officer shall,

(a) provide copies of the report to the leader of each registered party;

(b) publish the report on a website on the Internet; and

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

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

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Subsection 23 (1) of Bill (subsection 44.1 (10.3) of Election Act)

I move that section 44.1 of the Act, as set out in subsection 23 (1) of the Bill, be amended by adding the following subsection:

Ballot not to be rejected

(10.3) A paperless ballot shall not be rejected under subsection 57 (2) if it has been verified by the elector under subsection (7).

PC Motion

v. 3

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsections 45.3 (1) and (2) of Election Act)

I move that subsections 45.3 (1) and (2) of the Election Act, as set out in section 25 of the Bill, be struck out and the following substituted:

Home visit

(1) At an election, an elector may make a request for a home visit to the returning officer in the electoral district where the elector resides if,

(a) it would be impossible or unreasonably difficult for the elector to attend at a returning office; and

(b) the elector,

(i) needs assistance with making an application to vote by special ballot, because of a disability or because of inability to read or write, or

(ii) has a disability, and a home visit would improve accessibility for him or her.

Same

(2) The returning officer shall verify that the elector,

(a) satisfies the condition set out in clause (1) (a) and one of the conditions set out in subclauses (1) (b) (i) and (ii); and

(b) resides in the electoral district.

PC Motion

v. 3

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsection 45.3 (3.1) of Election Act)

I move that section 45.3 of the Election Act, as set out in section 25 of the Bill, be amended by adding the following subsection:

Refusal, appeal

(3.1) On determining that an elector does not qualify for a home visit, the returning officer shall immediately give the elector notice of the determination, with reasons; the elector is entitled to appeal the determination to the Chief Electoral Officer, and the following rules govern the appeal:

1. The elector must give the Chief Electoral Officer a notice of the appeal at least five business days before polling day.

2. The Chief Electoral Officer shall deal with the appeal and shall, within three business days after receiving the notice of appeal, give notice of the decision, with reasons, to the elector and to the returning officer.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsections 45.3 (3.2) and (3.3) of Election Act)

I move that section 45.3 of the Election Act, as set out in section 25 of the Bill, be amended by adding the following subsections:

Special ballot officers

(3.2) The Chief Electoral Officer shall ensure that every special ballot officer who is assigned to home visits undergoes a police background check with satisfactory results before conducting his or her first home visit.

Same

(3.3) Every special ballot officer who conducts a home visit shall carry identification confirming that he or she is a special ballot officer and that subsection (3.2) has been complied with.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsections 45.3 (6) and (7) of Election Act)

I move that subsection 45.3 (6) of the Election Act, as set out in section 25 of the Bill, be struck out and the following substituted:

Declaration on outer envelope

(6) If the elector is unable to sign the declaration on the sealed outer envelope as mentioned in clause 45.7 (d), one of the special ballot officers shall make a note on the envelope indicating that the elector voted at a home visit.

Elector to whom s. 15 (1.3) applies

(7) An elector to whom subsection 15 (1.3) applies may make a request for a home visit to the returning officer in the electoral district where the elector is temporarily living, whether the elector wishes to vote in that electoral district or in the electoral district where his or her residence is located, and subsections (1) to (6) apply with necessary modifications.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsections 45.10 (6) and (7) of Election Act)

I move that section 45.10 of the Election Act, as set out in section 25 of the Bill, be amended by adding the following subsections:

Report

(6) After the election, the Chief Electoral Officer shall make a report about any envelopes that are set aside unopened under subsection (1) or (3) and shall,

(a) give notice of the report to the leader of each registered party; and

(b) publish the report on a website on the Internet.

Same

(7) The report described in subsection (6) shall be included,

(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

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsection 45.12 (1.1) of Election Act)

I move that section 45.12 of the Election Act, as set out in section 25 of the Bill, be amended by adding the following subsection:

Notice re restriction

(1.1) When an elector’s name is added to the register of absentee electors, the elector shall be given notice of subsection (7).

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsection 45.12 (1.2) of Election Act)

I move that section 45.12 of the Election Act, as set out in section 25 of the Bill, be amended by adding the following subsection:

Updating register

(1.2) When a writ for an election is issued, the Chief Electoral Officer shall update the register of absentee electors.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsection 45.12 (2) of Election Act)

I move that subsection 45.12 (2) of the Election Act, as set out in section 25 of the Bill, be amended by striking out “the Chief Electoral Officer shall” and substituting “the Chief Electoral Officer shall, after updating the register of absentee electors”.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 25 of Bill (subsection 45.12 (6) of Election Act)

I move that subsection 45.12 (6) of the Election Act, as set out in section 25 of the Bill, be amended by striking out “within the time specified” and substituting “within the reasonable time specified”.

PC Motion

v. 4

Bill 231

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

Motion to be moved in Committee

Section 25.1 of Bill (section 55.0.1 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 section:

Training re needs of electors with disabilities

55.0.1 Before the first advance poll in every election, every returning officer shall ensure that all electoral officers in the electoral district receive training in understanding the needs of electors with disabilities.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Section 25.2 of Bill (section 55.0.2 of Election Act)

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

25.2 The Act is amended by adding the following section:

Elections Ontario website

55.0.2 Any website on the Internet where the Chief Electoral Officer publishes information for the purposes of this Act shall meet the accessibility standard of W3C WCAG 2.0 level AA format or higher.

PC Motion

v. 3

Bill 231

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

Motion to be moved in Committee

Section 25.3 of Bill (sections 55.0.3 of Election Act)

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

25.3 The Act is amended by adding the following section:

Post-election review

55.0.3 (1) After every general election, the Attorney General shall appoint a person to conduct an independent review of this Act in order to,

(a) review complaints and other feedback from electors and candidates with respect to accessibility at the election;

(b) review the reports made under section 55.1 with respect to the election;

(d) identify existing barriers to electors and candidates with disabilities and make recommendations for the removal of those barriers.

Report

(2) The person appointed to conduct the independent review shall, within one year after polling day in the general election, complete the review and submit a report to the Attorney General.

Publication

(3) The Chief Electoral Officer shall publish the report on a website on the Internet.

Chief Electoral Officer’s pre-election plan

(4) The Chief Electoral Officer shall review the report, consult with electors and with the leader of each registered party, and prepare a plan explaining how the barriers identified in the report will be addressed in future elections.

Publication

(5) The Chief Electoral Officer shall publish the plan on a website on the Internet, at least one year before polling day in the next general election held under subsection 9 (2).

PC Motion

v. 4

Bill 231

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

Motion to be moved in Committee

Section 28 of Bill (paragraph 4 of section 91 of Election Act)

I move that paragraph 4 of section 91 of the Election Act, as set out in section 28 of the Bill, be struck out and the following substituted:

4. Having obtained a special ballot, knowingly attempting to vote at the election otherwise than by means of the special ballot.

PC Motion

v. 2

Bill 231

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

Motion to be moved in Committee

Section 32 of Bill (subsections 114.4 (3) and (4) of Election Act)

I move that subsection 114.4 (3) of the Election Act, as set out in section 32 of the Bill, be struck out and the following substituted:

Consultation

(3) The Chief Electoral Officer shall ensure that every study conducted under this section includes consultation with electors.

Publication

(4) When a study has been conducted under this section, the Chief Electoral Officer shall publish a report about the study on a website on the Internet.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Section 35 of Bill (subsection 25.1 (7) 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 amended by adding the following subsection:

Saving

(7) Nothing in this section limits the ability of the chief financial officer of a registered political party, registered constituency association or registered candidate to issue electronic receipts, whether a declaration has been filed under subsection (2) or (5) or not.

PC Motion

v. 1

Bill 231

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

Motion to be moved in Committee

Subsection 40 (3) of Bill

I move that subsection 40 (3) of the Bill be amended by striking out “June 1, 2011” and substituting “January 1, 2011”.