The Committee has the authority:

-         To grant or reject a compliance audit application                              

-         To appoint an auditor to conduct the audit where the application is granted and receive the results

-         To commence legal proceedings against the candidate for any apparent contravention within 30 days of receiving the auditor's report

-         To make a finding whether or not there was reasonable grounds for making the application if the auditor's report concludes that the candidate did not appear to have contravened a provision of the Municipal Elections Act, 1996, relating to election campaign finances.

 

An elector, who:

-         Is entitled to voting in an election

-         Believes on reasonable grounds that a candidate has contravened the Municipal Elections Act, 1996, relating to election campaign finances

 

**Requests for Compliance Audit must be filed with the Clerk no later than June 23, 2011 by 4:30 p.m.** 

 

By Filing a written application (setting out the reasons for the elector's belief) with the Clerk of the municipality within 90 days after the latest of:

-         The statutory filing for the candidate's financial statement (December 31, 2010) as defined by s.77

-         The candidate's supplementary filing date, if any

-         The filing date for the final financial statement under s. 79.1

-         The end of a candidate's extenstion (provided by the Courts) for filing granted under s.80(4)

 

The Clerk shall forward the application to the Compliance Audit Committee within ten (10) days of receipt and provide a copy to Council. The Committee must consider the application and make a decision within thirty (3) days after receiving the application from the Clerk as to whether the application for a compliance audit should be granted or rejected. The decision may be appealed to the Ontario Court of Justice within fifteen (15) days after the decision is made by the Committee.

 

Where the application for a compliance audit has been approved, the Committee shall, by resolution, appoint an auditor to conduct a compliance audit (as per the purchasing policies of the Township). Only auditors licensed under the Public Accounting Act, 2004, or other "prescribed persons" may be appointed as auditors.

 

The auditor shall:

-         Promptly conduct an audit

-         Have access at all reasonable hours to all relevant books, papers, receipts, vouchers or other things of the candidate

-         Have the powers of a Commission under Part II of the Public Inquiries Act

-         Determine whether the candidate has complied with the provisions of the Act as they relate to election compaign finances

-         Prepare a report outlining any apparent contraventions of the Act and submit report

 

Within 10 days of receiving the auditor's report, the Clerk shall forward the report to the compliance audit committee. Within 30 days, the compliance audit committee shall consider the report and may:

-         Commence legal proceedings against the candidate

-         Make a finding as to whether there are reasonable grounds for the application if the report concludes that the candidate did not appear to contravene a provision

 

The municipality shall pay the auditor's costs of performing the audit. However, these costs may be recovered (from the applicant) where no reasonable grounds for application were found - as determined by the Compliance Audit Committee.

 

Forms are prescribed by Municipal Affairs and Housing (MMAH) to file financial contributions and expenses. Financial statements are required to be audited if expenses or contributions exceed $10, 000. All contributors of more than $100 must be reported on the financial statement. Financial statements must be filed with the Clerk by 2:00 pm on Friday, March 25, 2011.      

Any expense incurred for goods and services in relation to an election. Includes the replacement value of any goods held in inventory from a previous session. Includes equivalent values of any contribution of goods and services for use in whole or in part. Nomination filing fee is expense.

 

 

-         Meaghen Reid, Clerk 519-856-9596 ext. 107

-         Municipal Affairs and Housing Website: www.mah.gov.on.ca

-         E-laws website www.e-laws.gov.on.ca