Municipal Elections Compliance Audit Committee
The Upper Canada District School Board for the Municipal Elections Compliance Audit Committee has been established.
Election Compliance Audit Committee Members for 2022-2026 are:
1. Andy Brown
2. Mel Campbell
3. John Dickson
4. Anthony Vachon
What is a Compliance Audit?
A compliance audit is a formal review of an election candidate’s campaign finances done by an auditor appointed by a municipality’s Election Compliance Audit Committee. It is done when a voter submits an application outlining their concerns and the Committee agrees that the concerns are legitimate and an audit is required. It is the enforcement process when municipal election finance laws are broken. If you reasonably believe that a candidate or third party advertiser in the municipality where you are eligible to vote has broken any of the election campaign finances laws laid out in the Municipal Elections Act, 1996 (the Act), you may apply for a compliance audit of their campaign finances. Refer to section 88.33 and 88.35 of the Act.
If you are an eligible elector who believes that a trustee candidate for the 2022 Municipal Election for the Upper Canada District School Board has broken campaign finance rules you can apply for an election compliance audit. Compliance Audit applications will be reviewed by the Election Compliance Audit Committee.
What is the Election Compliance Audit Committee?
The Election Compliance Audit Committee (ECAC) considers applications requesting compliance audits of candidates or third party advertiser election campaign finances, any resulting auditors’ reports, and the Clerk’s Report identifying apparent contribution contraventions under section 88 of the Municipal Elections Act.(the Act).
The ECAC only considers alleged violations of the Act pertaining to election campaign finances, and does not consider any other complaints of alleged candidate wrong-doing or contraventions of the Act.
The ECAC is completely independent from the Board and is granted specific decision making powers under the Act. Decisions of the committee do not need to be approved by the Board however, they may be appealed to the Superior Court of Justice within 15 days after the Committee’s decision is made.
Who can apply for a compliance audit?
To apply for a compliance audit, you must be an elector entitled to vote in a municipal and school board election and meet the following requirements:
- Resides in the local municipality, or is the owner or tenant of land there, or is the spouse of an owner or tenant;
- are a Canadian citizen;
- are at least 18 years old;
- are not prohibited from voting under 17(3) of the Municipal Elections Act or otherwise by law.
Submission, Deadlines and Application Requirements
Submission: An application for a compliance audit shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office, and it shall be in writing and shall set out the reasons for the elector’s belief. Section 88.33 (2)
Deadlines: The Municipal Clerk must receive the application within 90 days after the latest of the following dates:
- Filing date for financial statements (March 31, 2023 in 2022 Election, therefore June 29, 2023)
- Regular election: last Friday in March following the election
- By-election: 75 days after voting day
- Date the candidate or third party advertiser filed an initial financial statement, if it was filed within 30 days after the applicable filing date (grace period or a court-ordered extension)
- Supplementary filing date
- Regular election: last Friday in September in the year following the election
- By-election: 30 days after the supplementary reporting period, which is 6 months plus 45 days after voting day
- Date of the candidate or third party advertiser extension, if any, expires.
Application Requirements: The application must be:
- Submitted by an elector who is entitled to vote in an election
- Have reasonable grounds that a candidate or third party advertiser has contravened a provision of the Municipal Elections Act
- Regarding a candidate or registered third-party advertiser in the municipal election within the applicable Municipality
- Submitted after Financial Statements have been filed
- Completed and submitted to the City Clerk or City Hall
How much does it cost to submit an application?
There is no cost (fee) to the applicant to submit an application or have an audit done. Refer to Section 88.33 (16); The municipality or local board shall pay the auditor’s costs of performing the audit.