Election Compliance Audit - Town of Ajax
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Election Compliance Audit

The deadline for Compliance Audit Requests for the 2014 Municipal Election has now passed. 

The Compliance Audit Committee is comprised of three members, and is responsible for considering applications when a person believes that a candidate has breached election campaign finance rules. The committee is established in accordance with the Municipal Election Act, 1996 ("the Act").

Mandate

The Compliance Audit Committee will:

  • Review applications for a compliance audit of any candidate who ran for election if the application was received in accordance with the requirements of the Act 
  • Determine whether the application should be granted or rejected within 30 days of receiving the application 
  • Appoint a licensed auditor to conduct a compliance audit of the candidate's election campaign finances, if an application is granted 
  • Consider the auditor's report within 30 days of receiving it, and may: 
    • Begin a legal proceeding against  the candidate if the report concludes that the candidate appears to have       contravened a provision of the Act relating to election campaign finances 
    • Make a finding as to whether there were reasonable grounds for the application if the report concludes that the candidate does not appear to have breached election campaign finance rules. Based on this finding, the Committee can recommend to Ajax Council whether or not to pursue the recovery of costs from the applicant.

Applying for an audit

If you believe that a candidate's election campaign finances contravened the Municipal Elections Act, submit a written letter of application to the Municipal Clerk for a compliance audit.

What is a Compliance Audit?

A compliance audit is an audit of a candidate's election campaign finances and their compliance with the provisions of the Municipal Elections Act, 1996 related to election campaign finances.

What is the Ajax Municipal Election Compliance Audit Committee?

The powers and functions of the Committee are set out in the Municipal Elections Act, 1996. The Committee consists of three members and does not include employees or officers of the municipality, members of the council, or any persons who were candidates in the election for which the committee is established. The Committee has the same term of office as the council.

How Do I Apply for a Compliance Audit?

  1. Submit a written letter of  application for a compliance audit and deliver your written submission with original signature to the Municipal Clerk within 90 days of the candidate's filing deadline. 
  2. Your letter of application must include:
  • Notice that you are eligible to vote as an elector in the Town of Ajax municipal elections
  • Your name and contact information, including mailing address, phone number and email address
  • Name of the candidate whose election finances you are requesting a compliance audit for, and the office they were running for in the election
  • The reasons that you believe indicate that the candidate has contravened the provisions of the Municipal Elections Act, 1996 relating to municipal election campaign finances
  • Any other relevant information and/or supporting documents

Mail or deliver your request for a compliance audit to: 

Municipal Clerk
Town of Ajax 
65 Harwood Ave S
Ajax, Ontario  L1S 2H9

What Happens Next?

In accordance with section 81(3) of the Municipal Elections Act, 1996, all applications must be received by the Municipal Clerk within 90 days after the latest of:

  1. The filing date under section 78;
  2. The candidate's supplementary filing date, if any, under section 78;
  3. The filing date for the final financial statement under section 79.1; or
  4. The date on which the candidate's extension, if any, under section 80(4) expires.

The Municipal Clerk will, within 10 days of receiving the completed applications, forward them to the Ajax Municipal Election Compliance Audit Committee for consideration. The Committee will:

  • Within 30 days of receiving the compliance audit applications, consider whether each application should be granted or rejected.
  • If the application is granted, appoint an auditor to conduct a compliance audit of the candidate's election campaign finances.
  • Receive the auditor's report.
  • Within 30 days of receiving the auditor's report, consider the report and decide whether legal proceedings should be      commenced or make a finding whether there were reasonable grounds for the application.
  • Recommend to Ajax 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 the application.

What if the Auditor's Report Finds That There Was No Apparent Contravention of the Act?

Based on the auditor's report and, if the Committee finds that there were no reasonable grounds for the application, the Council may seek to recover the auditor's costs from the applicant.

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