() Session (2013) 41st Legislature, Ontario

BILL ()

An Act to Rejuvenate and Modernize the Democratic Process in Ontario

Private Members Bill 1st Reading 2nd Reading 3rd Reading; February 1st, 2013 Royal Assent

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Short Title: This act may be referred to as The Rejuvenating Democracy Act.

1. An Act to Amend the Ontario Election Act (Mandatory Voting) (1.1) The Act is amended by making the following additions and changes to the appropriate sections of the act; (1.1)1. An Elector shall vote at each election. (1.1)2. Ballots shall contain, after the names of the registered candidates, the words None of the candidates. (1.1)3. An Elector shall have the right to select None of the candidates or spoil the ballot instead of selecting any of the registered candidates. (1.1)4. An Elector shall have the right to use a special ballot by writing None of the candidates in place of the name of a registered candidate. (1.1)4.1. No special ballot shall be rejected simply for the reason that the elector has incorrectly written the words None of the candidates if the ballot clearly indicates the electors intent (1.1)5. Every Elector who contravenes the first addition stipulated by this act (obligation to vote) is guilty of an offence unless the Elector; (1.1)5.1. was outside the Province of Ontario on election day; or (1.1)5.2. was not eligible to vote at the election; or (1.1)5.3. establishes, to the satisfaction of the Chief Electoral Officer, that the Elector had a valid reason not to vote at the election. (1.1)5.3.1. These valid reasons shall include, but not be limited to or by the following; travel, illness, and religious or spiritual objections. (1.1)6. Every Elector who is guilty of an offence under the preceding section shall be guilty of a summary offence and subject to a fine of $25.00 (1.1)7. Any fines collected under the provisions of this act shall be used exclusively by Elections Ontario for the purpose of making it easier for Electors in polls with the lowest turnout to vote in proceeding elections

2. An Act to Amend the Ontario Election Act (Mixed Member Proportional Representation System) (2.1)1. The Act is amended to replace Ontario's current First Past the Post electoral system with a Mixed Member Proportional electoral system. (2.2) Ontario shall conduct six regional elections simultaneously on Election Day. These regions shall be: (2.2)1. The Eastern Region, comprised of the current ridings of: Carleton-Mississippi Mills, Glengarry-Prescott-Russell, Kingston and the Islands, Lanark-Frontenac-Lennox & Addington, Leeds-Grenville, Nepean-Carleton, Ottawa Centre, Ottawa-Orleans, Ottawa South, Ottawa-Vanier, Ottawa WestNepean, Prince Edward-Hastings, Renfrew-NipissingPembroke, Stormont-Dundas-South Glengarry

(2.3)

The East Central Region, comprised of the current ridings of: Ajax-Pickering, Barrie, Durham, Haliburton-Kawartha LakesBrock, Markham-Unionville, Newmarket-Aurora, Northumberland-Quinte West, Oak Ridges-Markham, Oshawa, Peterborough, Richmond Hill, Simcoe-Grey, Simcoe North, Thornhill, Vaughan, Whitby-Oshawa, York-Simcoe (2.2)3. The Northern Region, comprised of the current ridings of: Algoma-Manitoulin, Kenora-Rainy River, Nickel Belt, Nipissing, Parry Sound-Muskoka, Sault Ste. Marie, Sudbury, Thunder Bay-Atikokan, Thunder Bay-Superior North, Timiskaming-Cochrane, Timmins-James Bay (2.2)4. The South-Western Region, comprised of the current ridings of: Bruce-Grey-Owen Sound, Cambridge, Chatham-KentEssex, Elgin-Middlesex-London, Essex, Guelph, Huron-Bruce, Kitchener Centre, Kitchener-Conestoga, Kitchener-Waterloo, Lambton-Kent-Middlesex, London-Fanshawe, London North Centre, London West, Oxford, Perth-Wellington, SarniaLambton, Wellington-Halton Hills, Windsor-Tecumseh, Windsor West (2.2)5. The Metro Toronto Region, comprised of the current ridings of: Beaches-East York, Davenport, Don Valley East, Don Valley West, Eglinton-Lawrence, Etobicoke Centre, Etobicoke-Lakeshore, Etobicoke North, Parkdale-High Park, Pickering-Scarborough East, Scarborough-Agincourt, Scarborough Centre, Scarborough-Guildwood, ScarboroughRouge River, Scarborough Southwest, St. Pauls, Toronto Centre, Toronto-Danforth, Trinity-Spadina, Willowdale, York Centre, York South-Weston, York West (2.2)6. The West Central Region, comprised of the current ridings of: Ancaster-Dundas-Flamborough-Westdale, Bramalea-GoreMalton, Brampton-Springdale, Brampton West, Brant, Burlington, Dufferin-Caledon, Haldimand-Norfolk, Halton, Hamilton Centre, Hamilton East-Stoney Creek, Hamilton Mountain, Mississauga-Brampton South, Mississauga East Cooksville, Mississauga-Erindale, Mississauga South, Mississauga-Streetsville, Niagara Falls, Niagara WestGlanbrook, Oakville, St. Catharines, Welland (2.2)7. No region shall represent less than 10% of the seats in the legislature. The minimum amount of extra seats will be given to a region to reach this threshold, should they be required. Candidates and Regional Extras (2.3)1. Candidates will be democratically elected by party membership in each riding, as it is set out in current legislation. (2.3)2. The runner-up in each riding associations nomination meeting shall be deemed a "Regional Extra. Their name shall appear on the ballot alongside the Candidates name and their party.

(2.2)2.

(2.4)

(2.5)

(2.6)

Voting Process (2.4)1. A ballot will have a candidates name, along with their Regional Extras name and their party name, next to a single check box. Therefore, each vote will count as a vote for a specific candidate, as well as for their party, and for their Regional Extra. (2.4)2. 107 Members of Provincial Parliament will be elected by the same First Past the Post electoral System currently used by the province of Ontario. These MPPs will be deemed Local Representatives. (2.4)3. A number of top-up Members of Provincial Parliament will be elected according to the popular vote within each region. These members will be deemed Regional Representatives. The number of representatives will vary from election to election. (2.4)4. The number of Regional Representative MPPs will be determined by using the D'Hondt method, and by using the highest number of Local Representatives successfully elected by one party in each region as the baseline number. (2.4)5. A party will only be eligible for top-up seats if they reach a minimum threshold of 5% of the popular vote in the region. (2.4)6. Once the number of top-up seats needed for each party is determined, those seats will be filled by party candidates from the region who achieved the highest percentage of the vote in their riding without winning, starting with the highest and proceeding in descending order. (2.4)7. In the event that a party elects all of their candidates and still has top-up seats to fill in order to achieve the minimum threshold, as defined in (2.2).h, these seats will be filled by the regional extras, as defined in (2.3).b, in the region who achieved the highest percentage of the vote in their riding and proceeding in descending order. By-Elections (2.5)1. Seats vacated by Local Representatives will be filled by means of a byelection, using the same by-election system that is already in current legislation. (2.5)2. Seats vacated by Regional Representatives will be filled by means of a byelection, using a method similar to the by-election system used for Local Representatives, but using the entire region as one large electoral district. (2.5)3. The spending limit for by-elections will be the same as is laid out in current legislation, even in regional by-elections. MPP Salaries The cost of having extra Members of Provincial Parliament will be partially offset by a rollback in MPP base salary to be effective as of April 1, 2013. MPP base salary will be returned to the level it was at before the last pay-raise, lowering from the current $110,775 annually to $88,771 annually.

3. An Act to Amend Prorogation Leglislation in Ontario

EXPLANATORY NOTE: When the Lieutenant Governor of Ontario brings a session of the Ontario Legislative Assembly to an end, it is known as Prorogation. This act allots for the cessation of affirmative political action, as the Ontario Legislature is deemed dormant until a proceeding election, and bills drawn from the previous session are discarded. (3.1) Prorogation Legislation is amended by making these changes; (3.1)1. The Premier does not have the right to advise the Lieutenant Governor to prorogue the Ontario Legislature unless two thirds of the Legislature is in agreement with the act. (3.1)2. The prorogation of the Ontario Legislature should be limited to a maximum of seven calendar days, unless two thirds of the Legislature has voted to pass a resolution to extend the prorogation for just and worthwhile causes. (3.1)3. A prorogation period extending beyond the standard period of seven calendar days, without the agreement of two thirds of the Legislature, is therefore illegal as it breaches the rights of the entire legislature, and the rights of Ontarians to having democratic political representation.