* Qualifications for municipal council electors are described in the Municipal Elections Act, 1996.
** Qualifications for school board electors are described in the Municipal Elections Act, 1996 and the Education Act.
Who can vote in a council election
A person is entitled to be an elector at an election held in a local municipality, if on voting day he or she is:
- a Canadian citizen;
- at least 18 years old;
- residing in the local municipality or an owner or tenant of land there, or the spouse of such owner or tenant; and
- not otherwise prohibited from voting.
Ineligible Voter
A person is not entitled to be an elector on voting day, if that person is:
- serving a sentence of imprisonment in a penal or correctional institution;
- acting as an executor or in any other representative capacity, except as a voting proxy; or
- convicted of a corrupt practice for an election held within four years of voting day.
- Corporations are not eligible to vote.
Number of Votes
A voter is only entitled to vote once in a municipality even if the voter has more than one qualifying property address within the municipality.
In a municipality with wards, if a voter resides in one ward, but has other properties in different wards in the same municipality, he or she may only vote in the ward where he or she resides. A voter may only have one permanent residence.
Students
A student may vote in the municipality where he or she is temporarily residing while attending school as well as at his or her permanent home in different municipality, provided that he or she has not abandoned the family home.
Homeless Persons
If a person has no permanent residence, then the following rules determine his or her residence:
- The place in which the person most frequently returned to sleep or eat during the five weeks preceding the determination.
- If the person returns with equal frequency to one place to sleep and another to eat, the place in which he or she sleeps.
- Multiple returns to the same place during a single day, to eat or sleep, is considered to be one return.
- A person’s affidavit regarding the places to which he or she returned to eat or sleep during a given time period is conclusive, in the absence of evidence to the contrary.
Who can vote in a district school board election
Eligible Voter
A person is entitled to be an elector at an election held in a local municipality, or in territory without municipal organization within the area of jurisdiction of the district school board, if on voting day he or she:
- is a Canadian citizen;
- is at least 18 years old;
- has not already voted in the election for school trustees elsewhere in the school board’s area of jurisdiction;
- resides in the local municipality or territory or is the owner or tenant of residential property, or is the spouse of such owner or tenant; and
- is not otherwise prohibited from voting.
To vote in an ENGLISH-LANGUAGE PUBLIC DISTRICT SCHOOL BOARD, an elector in addition to the above, must:
- be a supporter of the English-language public district school board; or
- not be a supporter of any board nor have qualified him- or herself as an elector for a separate or French-language school board in the election.
To vote in an ENGLISH-LANGUAGE SEPARATE DISTRICT SCHOOL BOARD, an elector must be a Roman Catholic who must:
- qualify him - or herself as an elector for the English-language separate district school board; or
- be a supporter (or be the spouse of a supporter) of the English-language separate district school board.
To vote in a FRENCH-LANGUAGE PUBLIC DISTRICT SCHOOL BOARD, the elector must be a French-language rights holder who:
- qualifies as an elector for the French-language public district school board; or
- is a supporter (or the spouse of a supporter) of the French-language public district school board.
To vote for a FRENCH-LANGUAGE SEPARATE DISTRICT SCHOOL BOARD, an elector must be a Roman Catholic French-language rights holder who:
- qualifies as an elector for the French-language separate district school board; or
- is a supporter (or the spouse of a supporter) of the French-language separate district school board.
Ineligible Voters in a School Board Election
The following cannot vote in a school board election:
- a person serving a sentence of imprisonment in a penal or correctional institution;
- a corporation;
- a person acting as an executor or trustee or in any other representative capacity, except as a voting proxy; or
- a person convicted of a corrupt practice for an election held within four years of voting day.
An elector in a municipality may appoint another person qualified as an elector within the same municipality as his or her voting proxy, using the prescribed form.
A person cannot:
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appoint more than one (1) voting proxy; or
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act as a voting proxy for more than one other person. This restriction does not apply if the appointed proxy is the spouse or sibling of each other, parent and child, or grandparent and grandchild.
A person who has been appointed a voting proxy must:
Issuance of Proxies
Proxies cannot be appointed before the end of the nomination period. The first date for appointing a voting proxy is October 3, 2006.
Proxy Voting Process
A person may vote as a proxy once, if:
- the appointing document, as certified by the clerk, is submitted to the deputy returning officer; and
- he or she has taken the prescribed oath.
Note: if a municipality has accepted a system of alternative voting, such as vote-by-mail, proxy voting may not be available.
Frequently Asked Questions
Can I be a proxy for a non-relative and a family member at the same time?
No, you may only be a proxy for one other person, unless the proxy and the other person are spouses or siblings of each other, parent and child, or grandparent and grandchild.
The Municipal Elections Act, 1996 permits municipalities to use alternative voting methods such as vote-by-mail or telephone. To do so, council must pass a by-law authorizing the use of such methods. Municipalities may also pass by-laws permitting the use of vote-counting equipment.
Where a municipality uses automated voting devices to facilitate voting or the counting of ballots or an alternative method of voting, the clerk shall establish the forms and procedures for the use of the voting and vote-counting equipment and any alternative voting. The clerk shall provide a copy of the forms and procedures to candidates.
The procedures established by the clerk, if they are consistent with the principles of the Municipal Elections Act, 1996, prevail over anything in the Act and the regulations.
Campaign Contributions to Candidates
Campaign contributions can only be made to nominated candidates. Individuals, corporations and trade unions may make contributions to a candidate’s campaign.
The contribution maximum is $750 per candidate, except for the office of mayor of the City of Toronto, which is $2,500 (s. 24, City of Toronto Act, 1997).
Contributions must be the contributor’s own money. Contributions can only be received by candidates or persons authorized by the candidate.
Contribution Rebates
A municipality, by by-law, or a local board, by resolution, may provide for rebate payments to individuals, trade unions or corporations. Municipalities or local boards which establish rebate programs also determine the conditions of entitlement to collect a rebate.
Contributions to Campaigns in respect to Questions on the Ballot
Electors may register as a ‘yes’ or ‘no’ candidate if spending money on a campaign regarding a question on the ballot. Once registered they may accept maximum contributions of $750 from each person or entity.
Frequently Asked Questions
Do all municipalities give contribution rebates?
No, each municipality determines if it is to establish a rebate program.
Can I contribute more than $750 to one candidate?
No, a maximum contribution of $750 can be made to one nominated candidate, expect for the office of mayor for the City of Toronto for which the contribution limit is $2500.
The Municipal Property Assessment Corporation (MPAC) compiles the preliminary list of electors and sends it to municipal clerks by July 31st in an election year.
Each clerk revises the list and may do so until the end of voting on election day.
Notification
The clerk must provide notice to voters, in a manner of the clerk’s choosing, of the following information:
- location of voting places;
- dates and times on which voting places will be open for voting;
- where voting proxies are available and how electors may use voting proxies; and
- where alternative voting has been authorized by by-law, how electors may use the alternative voting method.
Getting on the Voters List
If an eligible voter is not on the voters list she/he may, beginning on Tuesday, September 5, 2006:
- fill out an application and file it with the clerk by mail or in person; or
- on election day, fill out an application at the place of voting.
Copies of Voters List
Voters lists are available to candidates upon written request. Information on electors entitled to vote for the candidate’s relevant office must be provided. Voters lists may only be used for election purposes.
Note: On election day a voter may be asked to provide proof of residence, citizenship or any other documentation by the deputy returning officer.
Can I be a proxy for a non-relative and a family member at the same time?
No, you may only be a proxy for one other person, unless the proxy and the other person are spouses or siblings of each other, parent and child, or grandparent and grandchild.
Do all municipalities give contribution rebates?
No, each municipality determines if it is to establish a rebate program.
Can I contribute more than $750 to one candidate?
No, a maximum contribution of $750 can be made to one nominated candidate, expect for the office of mayor for the City of Toronto for which the contribution limit is $2500.
What is a permanent residence for voting purposes?
The following rules determine a permanent residence for election purposes:
- an elector may only have one permanent residence;
- the place where an elector’s family resides is his or her permanent residence, unless the elector moves elsewhere with the intention of changing his or her permanent lodging place;
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if an elector 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 considered a permanent residence; or
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after an absence, the permanent lodging place to which the elector intends to return.
Can a person in jail vote?
A person in jail, under sentence of imprisonment, is not entitled to vote.