On June 8, an Ontario, Canada Superior Court judge struck down a section of the province’s Election Finances Act that mandated a 12-month pre-election period restricting third party advertising.

Ontario Superior Court Justice Edward M. Morgan’s decision, Working Families Ontario v. Ontario, explicitly holds that the period will no longer be in effect. The restricted pre-election spending period of 12 months had a $600,000 limit on third-party political advertisement expenditures.

Judge Morgan found the law was unconstitutional and a violation of the “freedom of expression” for the parties suing the province.

As noted by the judge in his decision, the next election in Ontario is scheduled to take place on June 2, 2022, already within the 12-month restricted period for political advertisements under the section being stricken. Judge Morgan wrote, “It would be unfair to the Applicants (and to other potential third-party political advertisers) for statutory provisions that have been declared unconstitutional to remain in operation during this time.” He found the burden of addressing the issue should remain on the legislature to craft an appropriate and constitutional provision.

On June 3, the Legislative Assembly of Ontario adjourned for the summer.

Bill 162, Public Accountability and Lobbyist Transparency Act, 2020, has remained in committees since March of 2020.

Changes the legislation could bring include requiring any member of the Executive Council who has been lobbied by, or otherwise met with, a consultant or in-house lobbyist to file a report about the lobbying or meeting with the registrar not later than 30 days after the lobbying or meeting took place.

This Act would come into force on the day it receives Royal Assent.

The Assembly is scheduled to reconvene on September 13.

Sometime before November 16, 2021, a by-election will be announced for the seat in the House of Commons representing Haldimand–Norfolk in the province of Ontario.

On May 20, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Haldimand–Norfolk (Ontario) became vacant following the resignation of Diane Finley. On May 11, Finley resigned from her seat in the House of Commons, explaining she was leaving on the same date of the death of her late husband, Senator Doug Finley. “It just seems fitting and symbolic that I also end my service and exit politics on the same date,” explained MP Finley in her press release.

Under the law, the by-election date must be announced between May 31 and November 16, 2021, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is July 12, 2021.

On April 19, a campaign finance bill in Ontario concerning contribution limits, political activities, and voting processes received Royal Assent.

Bill 254, the Protecting Ontario Elections Act, 2021, allows individuals to make contributions in an amount up to $3,300 per calendar year or campaign period to party and non-party candidates, leadership contestants, constituency associations, nomination contestants of a party or a constituency association of an independent member, and any one registered party. That amount will increase by $25 for each calendar year beginning on January 1, 2022.

Bill 254 enhances the law concerning collusion with third parties. Contributions from one third party to another third party for the purposes of political advertising are deemed as part of the expenses of the contributing third party.

Additionally, a third party is prohibited from trying to circumvent the rules and spending limits by splitting itself into two or more third parties, acting in collusion with another third party so that combined political advertising expenses exceed the applicable limit, and colluding with, including sharing information with, a registered party, registered constituency association, registered candidate, registered leadership contestant, or registered nomination contestant or any of their agents or employees for the purpose of circumventing the limit.

The Municipal Elections Act, 1996, is amended to provide that a registered third party may withdraw their registration by filing a written withdrawal in the clerk’s office during the time for filing a notice of registration.

The bill also allows independent members of the Assembly to endorse constituency associations, mandates the Chief Electoral Officer establish an advisory committee on voting equipment and vote counting equipment, and codifies certain administrative penalties.

On February 25, a bill was introduced in the Legislative Assembly of Ontario to increase the province’s contribution limits and make other changes to its election laws.

Bill 254, Protecting Ontario Elections Act, 2021, as introduced by Attorney General Doug Downey, proposes to amend the Election Act, the Election Finances Act, the Members’ Integrity Act, 1994, and the Municipal Elections Act, 1996.

Some of the changes in the bill include increasing contribution limits made to individual registered parties, party and non-party candidates, leadership candidates, constituency associations and nomination contestants of any one party or to the constituency association of any independent member. That amount increases from $1,650 to $3,300 per calendar year, with an increase of $25 for each calendar beginning on January 1, 2022.

Additionally, when selling a ticket for a fund-raising event, all, or any portion of its cost up to a maximum of $30, may be considered not to be a political contribution.

The time period on limiting third party advertisers’ spending would increase from six months to 12 months before an election. The proposed legislation also includes penalties for violations, allows members of the Assembly to endorse constituency associations, establishes the allowance of certain candidate electronic filings for municipalities, directs the Chief Electoral Officer (CEO) to establish an advisory committee on voting equipment and vote counting equipment, and expands powers of the CEO with respect to designating advance polls.

The bill also allows members of the Assembly to explicitly use social media for any matters a member wishes to bring to the attention of the public, including partisan matters.

Sometime before February 28, 2021, a by-election will be announced for the seat in the House of Commons representing York Centre in the province of Ontario.

On September 1, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for York Centre (Ontario) became vacant following the resignation of Michael Levitt, who left his seat to become the CEO of the Canadian Friends of Simon Wiesenthal Centre for Holocaust Studies.

Under the law, the by-election date must be announced between September 12, 2020, and February 28, 2021, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is October 19, 2020.

Sometime before February 20, 2021, a federal by-election will be announced for the seat in the House of Commons representing Toronto Centre in the province of Ontario.

On August 24, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Toronto Centre (Ontario) became vacant following the resignation of Bill Morneau.

On August 17, amid controversies dealing with his involvement with the WE Charity scandal, Morneau resigned from his seat in the House of Commons and as Prime Minister Justin Trudeau’s finance minister. Morneau intends to seek the position of secretary general of the Organisation for Economic Co-operation and Development, according to CBC.ca.

Under the law, the by-election date must be announced between September 4, 2020, and February 20, 2021, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is October 12, 2020.

On October 5, the city of Ottawa will hold a byelection to fill the municipal council seat left vacant by Stephen Blais.

The vacant Cumberland ward seat held by Blais, who left to serve as the Member of the Provincial Parliament (MPP) for Orléans, could have been filled by an appointment made by the council itself.

While Blais was elected as MPP in February, the council held off deciding about whether to have an election or make an appointment because of the COVID-19 pandemic. In July, the Ottawa Council agreed to allow voters the choice to fill the seat.

For the first time, electors will be allowed to apply to vote by special mail-in ballot should they feel uncomfortable about voting in person or be unable to make it to a voting location.

At 1:00 p.m. on March 19, the Legislative Assembly of Ontario will meet in an emergency sitting to address the coronavirus pandemic.

The parliament is on a scheduled recess but is meeting to try and pass legislation related to dealing with the COVID-19 virus.

Following Ontario health officials’ recommendations of social distancing, lawmakers are planning on only 24 of the 124 members to actually be present in the legislative building, according to iPolitics.

From February 26 at 12:01 a.m. until 11:59 p.m. on February 27, there will be the statutory blackout on political advertising.

The blackout will be for the February 27 by-election being held for the Ontario Canada electoral districts of Orleans and Ottawa-Vanier.

On August 2, 2019, the Chief Electoral of Ontario received a notice of vacancy in the Legislative Assembly of Ontario for the electoral district of Ottawa-Vanier.

MPP Mona Fortier left her seat to become the Minister of Middle Class Prosperity and Associate Minister of Finance.

On September 24, 2019, a second notice of vacancy in the Legislative Assembly of Ontario was received for the electoral district of Orleans.

MPP Marie-France Lalonde resigned from her seat to run for a seat in Canadian Parliament, which she won on October 21.

On January 29, 2020, the Office of Premier Doug Ford issued writs for the byelections to be held on February 17.

On January 20, a new Lobbyist Registry program and associated By-law and Code of Conduct were approved for Collingwood, Ontario, Canada.

The new lobbying law defines lobbying as any communication with a public office holder by an individual representing a business or financial interest with the goal of trying to influence any legislative action, including any development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution or the outcome of a decision on any matter before the Town Council, a committee of the Council, or staff member acting under delegated authority.

The registry, maintained by the Collingwood’s Accountability Officer acting as the Lobbyist Registrar, will identify three types of lobbyists:

• • Consultant lobbyists
  • In-house lobbyists
  • Voluntary unpaid lobbyists acting on behalf of certain entities

While registration is mandatory, not-for-profit groups are not required to register for lobbying activities, unless the group has paid staff and the communication in question falls under the definition of lobbying.

Additionally, community groups and associations whose communications state a position for a general community benefit, either town-wide or local, do not have to register.

As of January 20, 2020, lobbyists are expected to register their name and the reasons for their contact with a public office holder. However, penalties will not begin to be enforced until June 1, 2020, in order to allow the first five months of the registry to operate as an educational period dedicated to learning how and when to use the tool.

In Ontario, individual contribution limits for the period from January 1, 2020, to December 31, 2020, have be increased by $25, to $1,625.

This limit applies to contributions made as both money and goods or services given to a political party, candidate or constituency association to support the election of a candidate to the Legislative Assembly of Ontario.

The contribution limit is applicable to both party and non-party candidates in a campaign period and applies to a leadership contestant of a party in a year holding a leadership contest or a calendar year during which the contestant is required to be registered.

Sometime on or before February 2, 2020, a by-election must be held for the seat in the Legislative Assembly of Ontario for the electoral district of Ottawa-Vanier.

On August 2, the Chief Electoral Officer of Ontario received a notice of vacancy for the position from the Assembly.

MPP Nathalie Des Rosiers, who had announced her intention to leave office on May 16, resigned on July 31 to begin working August 1 as the Principal of Massey College at the University of Toronto.

Any by-election in the province must be called within six months of the Chief Electoral Officer receiving notice of the vacancy.

The Legislative Assembly of Ontario adjourned its legislative session on June 6 and voted 64-35 to not return till October 28, a week following the federal election.

Ontario is expected to be a major battleground in the upcoming election, with the Conservative Party hoping to make major gains in the province.

Members of opposition parties suggest the extended break is an attempt to avoid hurting the Conservative Party’s chances to regain control.