Ford government proposes election law reforms

Attorney General Doug Downey said in the press release that Ontario voters should determine election outcomes, not third parties.

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Jonathan Bradley Montreal QC
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The Ontario government is taking steps to make it easier for people to vote, become candidates, and protect provincial elections against outside influence and interference, according to a press release issued on Thursday.

The Protecting Ontario Elections Act, 2021 would guard against threats such as the long-term impacts of the COVID-19 pandemic, under-regulated third party advertising, irregular campaign spending, and collusion.

Attorney General Doug Downey said in the press release that Ontario voters should determine election outcomes, not third parties.

“That's why we are proposing legislative action to protect Ontarians' essential voice in campaigns and to make it easier to cast a vote safely in an advance poll or on election day,” said Downey. “These amendments would help modernize Ontario's electoral process and ensure it is updated to meet urgent challenges, including COVID-19.”

These reforms will build on the Election Finances Statute Law Amendment Act that was passed by the Ontario government in 2016. The Election Finances Statute Law Amendment Act banned corporate and union donations to political parties and ensured people remained at the centre of the electoral process.

There have been 19 legislative amendments proposed to protect Ontario elections.

The Protecting Ontario Elections Act would make it more convenient and safe for people to vote in a COVID-19 environment by increasing advanced polling days from five to 10. This change was first proposed by Ontario’s chief electoral officer.

This bill will double the amount individuals can donate to a candidate, constituency association, leadership contestant, or party from $1,650 to $3,300 per year.

Third-party advertising spending limits will be extended from six to 12 months before an election period. A definition of collusion will be introduced to protect Ontario’s elections from outside influence and interference.

This bill will clarify the rules allowing MPPs to maintain individual social media accounts before, during, and after the writ period. It will lead to the Ontario government setting other social media rules for MPPs.

Elections Ontario has reported the scale of third-party advertising in Ontario is greater than at the federal level. Ontario is the one province in Canada where third-party spending is counted in the millions rather than in the thousands. Third parties spent more than $5 million during the 2018 Ontario election and six months prior to it.

Downey said this bill will prioritize the influence people have when it comes to voting.

“We want to ensure that the electoral system continues to evolve to protect their central role as individuals and promote fairness in the electoral process for everyone,” he said.

Several of the proposed reforms meet the recommendations of Ontario’s chief electoral officer set out in a report on election administration and the COVID-19 pandemic that was released in November.

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