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Procedures for Compliance Audits Relating to Election Campaign Finances

An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of the "Municipal Elections Act" relating to election campaign finances may apply for a compliance audit of the candidate's election campaign finances.  A joint Municipal Elections Compliance Audit Committee (MECAC) was established between the Region of Waterloo, Cities of Cambridge, Kitchener and Waterloo and Townships of North Dumfries, Wellesley, Wilmot and Woolwich.

                                                                                                

In the case of an application for a compliance audit with respect to a candidate for one of the Regional Council seats, applications are made to the Regional Clerk in writing and set out the reasons for the application. Applications concerning election campaign finances for candidates in an area municipality need to make the application to the appropriate Municipal Clerk.  The application must be made within 90 days after the latest of:

-       the filing date under section 78 of the "Municipal Elections Act" for the candidate's financial statement and auditor's report reflecting the candidate's election finances;

-       the candidate's supplementary filing date, if any, under section 78 of the "Municipal Elections Act";

-       the filing date for the final financial statement under section 79.1 of the "Municipal Elections Act"; or

-       the date on which the candidate's extension, if any, under subsection 80 (4) of the "Municipal Elections Act" expires.  

Within 10 days after receiving the application, the Regional Clerk forwards the application to the Municipal Elections Compliance Audit Committee (MECAC) and provide a copy of the application to Regional Council. Within 30 days after receiving the application, the MECAC considers the application and decides whether it should be granted or rejected. The decision of the MECAC 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 MECAC could have made.

If the MECAC decides to grant the application, an auditor is appointed to conduct a compliance audit of the candidate's election campaign finances. Only auditors licensed under the "Public Accounting Act, 2004" or prescribed persons are eligible to be appointed. The auditor will conduct an audit of the candidate's election campaign finances to determine whether he or she has complied with the provisions of the "Municipal Elections Act" relating to election campaign finances and prepare a report outlining any apparent contravention by the candidate. The municipality pays the auditor's costs of performing the audit. The report is submitted to the candidate, the applicant, the Regional Clerk, and to Regional Council.

Within 10 days after receiving the report, the Regional Clerk forwards the report to the MECAC. The committee considers the report within 30 days after receiving it and may:

-       if the report concludes that the candidate appears to have contravened a provision of the "Municipal Elections Act" relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention;

-       if the report concludes that the candidate does not appear to have contravened a provision of the "Municipal Elections Act" relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application.  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 is entitled to recover the auditor's costs from the applicant.  

For additional information on compliance audits, please see section 81 of the Municipal Elections Act.

Area Clerks Contact Information:

Region of Waterloo: Lee Ann Wetzel, Deputy Clerk, 519-575-4410, lwetzel@regionofwaterloo.ca

 

City of Cambridge:  Michael Di Lullo, 519-623-1340, dilullom@cambridge.ca

 

City of Kitchener: Christine Tarling, 519-741-2203, christine.tarling@kitchener.ca

 

City of Waterloo: Olga Smith, 519-886-1550, olga.smith@waterloo.ca

 

Township of North Dumfries: Joan Ready, 519-621-0340, jready@northdumfries.ca

 

Township of Wellesley: Grace Kosch, 519-699-4611, gkosch@wellesley.ca

 

Township of Wilmot: Barb McLeod, 519-634-8444, barb.mcleod@wilmot.ca

 

Township of Woolwich: Val Hummel, 519-669-6005, vhummel@woolwich.ca

 

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