Compliance Audit

 

What steps do I take if I have a concern about a candidate’s election campaign finances?
  1. Contact the Clerk’s office and see if they are able to provide further information that answers your questions or concern.
  2. If you believe that a candidate’s election campaign finances or third party advertiser’s finances contravened the Municipal Elections Act, submit an application to the Clerk for a compliance audit. 
What is a compliance audit?
A compliance audit is an audit of a candidate’s election campaign finances or third party advertiser’s finances and their compliance with the provisions of the Municipal Elections Act, 1996.
What is the Election Compliance Audit Committee?
The Municipal Elections Act, 1996 as amended requires that every municipality form an Election Compliance Audit Committee on or before October 1 of an election year for the purposes of section 88.33(1).

The Election Compliance Audit Committee has three to seven members who are not employees or officers of the municipality or local board, members of the council or local board, or any persons who are candidates in the election for which the committee is established, or who are registered third parties in the municipality in the election for which the committee is established The committee has the same term of office as the council.

The powers and functions of the Committee are set out in the Municipal Elections Act, 1996 Section 88.33. The Committee will:

  • Consider compliance audit applications received and decide whether each application should be granted or rejected (MEA, S.88.33(7))
  • If the application is rejected, the applicant will be advised of the committee’s reason in writing.
  • If the application is granted, the committee will appoint an auditor to conduct a compliance audit of the candidate’s election campaign finances.
  • Receive the auditor’s report (s.88.33 (12)).
  • Consider the auditor’s report and decide whether legal proceedings should be commenced or make a finding whether there were reasonable grounds for the application.
  • Recommend to Council whether or not to pursue the recovery of the costs of conducting the compliance audit from the applicant if the auditor’s report indicates there were no apparent contraventions and if it appears there was no reasonable ground for application (s.88.33(17))

By-law No. 2022-55 Compliance Audit Committee for the 2022 Municipal Election

Compliance Audit Committee Terms of Reference

How Do I Apply for a Compliance Audit?
  1. Pick up an application from the Clerk’s Office at the Municipal Office, 988 County Road 10, Millbrook, ON or complete an online compliance audit request before the deadline. All candidate and third party advertiser’s financial information will be posted to the Municipal election website upon filing: https://www.cavanmonaghan.net/en/local-government/2022-municipal-election.aspx 
  2. Your application must include:
    • Notice that you are eligible to vote as an elector in the municipality
    • Your name and contact information, including mailing address, telephone number and email address (if applicable)
    • Name of the candidate or third party advertisers who’s election finances you are requesting a compliance audit for and the office the candidate is running for in the election
    • The reasons that you believe indicate that the candidate or third party advertisers has contravened the provisions of the Municipal Elections Act, 1996 relating to municipal election campaign finances.
    • Any other relevant information
    • The date you submit the application to the Municipal Clerk
    • Your signature

3. Mail or deliver your request for a compliance audit in a sealed envelope marked “PRIVATE AND CONFIDENTIAL” to:

Attention: Clerk
Township of Cavan Monaghan Municipal Office
988 County Road 10
Millbrook, ON L0A 1G0

What happens next?

In accordance with section 88.33(3) of the Municipal Elections Act, 1996, all applications must be received by the Clerk within 90 days after the latest of:

  • The filing date under section 88.25(1);
  • The candidate’s supplementary filing date, if any, under section 88.25(4);
  • The filing date for the final financial statement under section 88.25(12); or
  • The date on which the candidate’s extension, if any, under section 88.23 expires.

The Clerk will forward applications that are complete to the Election Compliance Audit Committee for consideration.