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Compliance Audit Information

Clarington Votes Matter - VotesMatter.clarington.net

Contact(s)

An elector who is concerned about a candidate's election finances and wishes to challenge them can file a compliance audit.

Application for an Election Compliance Audit

What steps do I take if I have a concern about a candidate's election campaign finances?

  1. Contact the Municipal Clerk and see if further information can be provided that answers your questions or concerns.
  2. 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. See "How do I apply for a compliance audit?" below.

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 Clarington Municipal Election Compliance Audit Committee?

The powers and functions of the Committee are set out in the Municipal Elections Act, 1996. The Clarington Municipal Election Compliance Audit 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 holds the same term of office as council.

The Committee will:

  • Within 30 days of receiving the compliance audit written letter of application, consider whether an 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 begin or make a finding whether there were reasonable grounds for the application.
  • Recommend to Clarington 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.

Read more about the Clarington Municipal Election Compliance Audit Committee.

How do I apply for a compliance audit?

  • Submit a written letter of application for a compliance audit and deliver your written information with original signature to the Municipal Clerk within 90 days of the candidate's filing date.
  • Your letter of application must include:
    • Notice that you are eligible to vote as an elector in the Municipality of Clarington municipal elections
    • Your name and contact information, including mailing address, phone number and email address (if applicable)
    • 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 you believe the candidate has contravened the provisions of the Municipal Elections Act, 1996 relating to municipal election campaign finances
    • Any other relevant information
    • Your original signature
  • Mail or deliver your request for a compliance audit to:
    Municipal Clerk
    Municipality of Clarington
    40 Temperance Street
    Bowmanville, ON L1C 3A6

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 Clarington Municipal Election Compliance Audit Committee for consideration.

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, Council is entitled to recover the auditor's costs from the applicant.

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