Election Compliance Audit Committee

The Election Compliance Audit Committee is an independent, statutory adjudicative body appointed by a municipal council responsible for reviewing and making decisions on applications for election campaign finance compliance audits of candidates, third party advertisers, and campaign contributors for violations of the Municipal Elections Act (MEA).

Municipal campaign finance audits must be requested by a voter.

• Consider whether to grant or reject a compliance audit application made by an eligible elector.
• Appoint an auditor, if the application is granted.
• Receive and consider the auditor’s report and decide whether legal proceedings should be commenced.
• Consider reports from the Clerk identifying contributors who appear to have contravened election contribution limits and decide whether legal proceedings should be commenced.

Municipalities must establish a committee before October 1

All municipalities and local boards (school boards) must establish a committee.

A council or local board shall establish a compliance audit committee before October 1 of an election year for the purposes of this Act. 2016, c. 15, s. 66.

Section 88.37 of the Municipal Elections Act

Meetings are held on an as required basis if an application is received.

Composition

(2) The committee shall be composed of not fewer than three and not more than seven members and shall not include,

(a)  employees or officers of the municipality or local board;

(b)  members of the council or local board;

(c)  any persons who are candidates in the election for which the committee is established; or

(d)  any persons who are registered third parties in the municipality in the election for which the committee is established. 2016, c. 15, s. 66.

Eligibility for appointment

(3) A person who has such qualifications and satisfies such eligibility requirements as may be prescribed is eligible for appointment to the committee. 2016, c. 15, s. 66.

Same

(4) In appointing persons to the committee, the council or local board shall have regard to the prescribed eligibility criteria. 2016, c. 15, s. 66.

Eligibility

Municipal employees and officers, members of council or local boards, election candidates, and registered third parties are not eligible to serve on the Compliance Audit Committee under the MEA.

Term of office

(5) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. 2016, c. 15, s. 66.

Role of clerk or secretary

(6) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implement the committee’s decisions. 2016, c. 15, s. 66.

Costs

(7) The council or local board, as the case may be, shall pay all costs in relation to the committee’s operation and activities. 2016, c. 15, s. 66.

Meetings must be open to the public

Property Standards Committee meetings must be open to the public (as with all municipal committee meetings), with some exceptions.

If you believe that a meeting was closed to the public improperly (ie. the reason doesn’t fall within one of the 14 exceptions), you can submit a complaint to the Ontario Ombudsman.

How it works

1. Within 10 days after receiving an application, the Clerk will forward the application to the compliance audit committee for consideration.
2. Within 30 days after receiving the application, the committee will consider the application and decide whether it should be granted or rejected. The decision of the committee may be appealed to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the committee could have made.

If the committee decides to grant the application, it will appoint an auditor to conduct a compliance audit of the candidate’s or registered third party’s election campaign finances. The auditor shall promptly conduct an audit of the candidate’s or registered third party’s election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate or registered third party.

The auditor will submit the report to the following: the candidate or registered third party; the council or local board, as the case may be; the Municipal Clerk; the secretary of the local board, if applicable; and the applicant.

How to apply for a compliance audit

The Application for a Compliance Audit Request must be made completed and sworn in front of a commissioner and addressed to the Clerk. It must also include the reasons for the elector’s belief that the candidate has contravened the MEA, and must be made within 90 days after the latest of:

• The filing date under section 88.25 of the MEA for candidates, section 88.29 for a registered third party;
• The candidate’s supplementary filing date, if any, under section 88.25 of the MEA , section 88.29 for registered third parties; or;
• The filing date for the final financial statement under section 88.32 of the MEA; or
• The date on which the candidate’s extension, if any, under subsection 88.23(6) or section 88.27(3) for third party of the MEA.

Costs can be recovered from applicant if no violation is found

If the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council or local board is entitled to recover the auditor’s costs from the applicant.

Terms of Reference example

Example committees

• Central Elgin (Terms of Reference)
• Guelph
• Ottawa
• Peterborough
• Prince Edward County
• Quinte West
• Toronto