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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 Voters

The following cannot vote in a municipal election:

• a person serving a sentence of imprisonment in a penal or correctional institution;
• a corporation; or
• a person convicted of a corrupt practice for an election held within four years of voting day.

A person who is acting as an executor or in any other representative capacity (e.g., power of attorney), cannot vote on behalf of the person they are representing unless they have been appointed as a voting proxy.

Number of Votes

A voter is only entitled to vote once in a municipality and once in a school board even if the voter has more than one qualifying property address within the municipality or school board. The place where they vote is where they reside.

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 a different municipality, provided that he or she does not intend to change his or her permanent home.

Homeless Persons

If a person has no permanent residence, then the following rules determine his or her residence:

1. The place in which the person most frequently returned to sleep or eat during the five weeks preceding the determination.
2. If the person returns with equal frequency to one place to sleep and another to eat, the place in which he or she sleeps.
3. Multiple returns to the same place during a single day, to eat or sleep, are 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 School Board District Election

Eligible Voters

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 a 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 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 (see ss. 23(1) and (2) of the Canadian Charter of Rights and Freedoms for criteria) who must:

• qualify as an elector for the French-language public district school board; or
• be a supporter (or the spouse of a supporter) of the French-language public district school board.

To vote in a FRENCH-LANGUAGE SEPARATE DISTRICT SCHOOL BOARD, an elector must be a Roman Catholic and a French-language rights holder (see the Charter for criteria ) who must:

• qualify as an elector for the French-language separate district school board; or
• be 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; or
• a person convicted of a corrupt practice for an election held within four years of voting day.

A person who is acting as an executor or in any other representative capacity (e.g., power of attorney), cannot vote on behalf of the person they are representing unless they have been appointed as a voting proxy.

Proxy Voting

An elector in a municipality may appoint another person similarly qualified as an elector as his or her voting proxy, using the prescribed form. (Form 3)

A person cannot:

• appoint more than one (1) voting proxy; or
• act as a voting proxy for more than one other person. This restriction does not apply if the appointed proxy and the other person are spouses or siblings of each other, parent and child, or grandparent and grandchild.

A person who has been appointed a voting proxy must:

• complete an application in the prescribed form, including a statutory declaration that he or she is the person appointed as a voting proxy; and
• present the application and the appointing document to the clerk, in person, at the clerk’s office or any place designated by the clerk.

Form 3 is available online.

Issuance of Proxies

Proxies cannot be appointed before the end of the nomination period.

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: The requirement to show identification prior to receiving a ballot also applies to a person voting as a proxy.

If a municipality has implemented a system of alternative voting, such as vote-by-mail, proxy voting may not be available.

Frequently Asked Questions – Proxy Voting

Can I be a proxy for a non-relative and a family member at the same time?

No. However, you may be a proxy for more than one family member at the same time, provided the family member is your spouse, sibling, parent, child, grandparent or grandchild.

Alternative Voting

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. Bylaws and procedures must be in place by June 1 of the election year.

Contributions to Campaigns and Rebates

Campaign contributions may be in the form of money, goods or services. Contributions may be made by an individual who resides in Ontario, a corporation that does business in Ontario, or a trade union that represents employees in Ontario. A person does not have to be an eligible elector in order to contribute to a campaign.

Campaign Contributions to Candidates

Campaign contributions can only be made to nominated candidates.

The contributions maximum is $750 per candidate, except for the office of mayor of the City of Toronto, which is $2,500.

The maximum total amount a contributor may contribute to candidates in the same jurisdiction is $5,000. Each municipal council and each school board is a separate jurisdiction.

Example

A person who contributes $2,500 to a mayoral candidate in the City of Toronto, and $750 to each of three candidates running for council, will have a total contribution of $4,750. They may contribute a maximum of $250 to any other candidate running for Toronto council.

The maximum applies separately to each municipal council and each school board. The person above may still contribute up to $5,000 total to candidates running for the Toronto District School Board (for example), or to candidates running for council in a different municipality.

Contributions must be made with the contributor’s own money. Contributions can only be received by candidates or persons authorized by the candidate. Contributions in excess of $25 may not be made in cash. Contributions must not be made anonymously.

Contributions to Campaigns in Respect of Questions on the Ballot

An individual, corporation, or trade union eligible to make contributions may register as a ‘yes’ or ‘no’ proponent 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.

Contributions that Count toward the Contribution Limits

A contributor who exceeds the individual or aggregate contribution limit may be subject to a fine or other penalty. The following count toward the contribution limits:

• monetary contributions to a candidate’s campaign;
• the value of goods and services donated to a candidate’s campaign, including goods and services donated to a fundraising function;
• if goods and services are offered to the candidate at less than fair market value, the difference between fair market value and what the candidate paid;
• the price of admission to a campaign fundraising function;
• if a good or service is purchased at a fundraising function for more than fair market value (for example, during a silent auction), the difference between fair market value and what the contributor paid.

Contributions that do not Count toward the Contribution Limits

• contributions by the candidate or the candidate’s spouse to the candidate’s campaign;
• contributions made to a registrant for a question on the ballot;
• contributions of $10 or less made at a fundraising function.

Reporting of Contributions

Candidates are required to include the name and address of each contributor who contributes more than $100 in total to their campaign in their campaign finance statement. This document must be filed with the clerk after the election, and is a public document.

Clerks are required to make campaign finance statements available to the public in an electronic format free of charge.

Contribution Rebates

A municipality, by by-law, or a school board, by resolution, may provide for rebate payments to individuals, trade unions or corporations. Municipalities or school boards which establish rebate programs also determine the conditions of entitlement to collect a rebate.

Frequently Asked Questions – Contributions

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, except for the office of mayor for the City of Toronto, for which the contribution limit is $2,500.

Can I contribute to more than one candidate?

Yes, you may make contributions to more than one candidate. However, your contributions to candidates running for office on the same council or the same school board may not exceed more than $5,000.

NEW FOR 2010

A contributor is limited to a maximum of $5,000 in total contributions to candidates running for office on the same council or board. Contributors who exceed this limit may be liable to penalties under the Municipal Elections Act, 1996.

The clerk is required to make candidates’ financial statements available to the public in an electronic format free of charge.

Voters’ List

The Municipal Property Assessment Corporation (MPAC) compiles the preliminary list of electors and sends it to municipal clerks by July 31 in an election year, or an alternate date agreed to by the clerk and MPAC.

Each clerk revises the list and may do so until the end of voting on voting day.

In revising the list, clerks may use information already held by a municipality, such as registration for recreation programs.

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 7, 2010:

• fill out an application and file it with the clerk by mail or in person; or
• on voting day, fill out an application at the place of voting.

The clerk may require identification from the voter in order to add the voter to the voters’ list.

Copies of the Voters’ List

Voters’ lists are available to candidates and those registered for a question on the ballot 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.

Voting

Voting Process – Traditional, In-Person Voting at a Voting Place

Clerks must ensure that each voting place is accessible to electors with disabilities.

An elector who is on the voters’ list must show identification confirming their identity and place or residence in order to receive a ballot. Photo ID is not required. A list of acceptable identification is available at URL (TBD).

If an elector who is on the voters’ list does not have acceptable identification, they may make a statutory declaration that they are the person on the voters’ list in order to receive a ballot.

An elector who is not on the voters’ list must follow the procedures put in place by the clerk to get on the list. These procedures may require the elector to show identification. Contact your municipal clerk to determine what is required to get on the voters’ list.

Voting Process – Alternative Voting

Each municipality can determine whether it will use alternative forms of voting such as vote-by-mail or Internet voting. The municipal clerk will determine what forms of identification may be required in order to cast a ballot. These decisions must be made by June 1 of the election year.

For information on whether your municipality is using alternative voting, and what the voting process will be, contact your municipal clerk.

Frequently Asked Questions – Voting

What is a permanent residence for voting purposes?

The following rules determine residence for voting 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;
• 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
• whenever absent, 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.

If I do not have, or forget to bring, identification, will I be able to vote?

An elector who is on the voters’ list but does not have the required identification may vote after signing a statutory declaration that they are the person shown on the list. A person who is not on the voters’ list may be required to show identification in order to get onto the list.

NEW FOR 2010

Municipalities may use information held by the municipality to revise and update the voters’ list.

All voting places must be accessible to electors with disabilities.

Electors voting at a voting place must show identification prior to obtaining a ballot.