Background:
As a result of amendments to the Municipal Elections Act, 1996 (Act) as contained in the Good Government Act, 2009, every council and local board is now required, before October 1 of an election year, to establish a committee for the purposes of conducting compliance audits of election campaign finances.
Sections 81 and 81.1 of the Act provide the rules and regulations for a compliance audit committee. All candidates are required to file financial statements with the Clerk within certain timelines detailing their election contributions, expenses, deficit or surplus.
An application for a compliance audit must be filed with an area municipality, region or school board within 90 days after the latest of,
(a) the filing date under Section 78 (being March 25, 2011. Deadline: June 23, 2011);
(b) the candidate's supplementary filling date, if any, under Section 78 (September 30, 2011. Deadline: December 29, 2011);
(c) the filling date for the final financial statement under Section 79.1;
(d) the date on which the candidate's extension, if any under Subsection 80 (3) expires.
Niagara Compliance Audit Committee:
A Joint Compliance Audit Committee comprised of the Regional Municipality of Niagara, those Niagara Area Municipalities agreeing to participate and the Public and Catholic School Boards in Niagara (Participants) called the "Niagara Compliance Audit Committee" has been established. Port Colborne City Council approved participation in the Niagara Compliance Audit Committee on July 12, 2010.
Please Click on the link below to access the Niagara Compliance Audit Committee website:
Niagara Compliance Audit Committee Website
Applications Now Being Accepted for Membership on the Niagara Compliance Audit Committee
In compliance with the Municipal Elections Act, 1996, the municipalities and school boards of the Niagara Region have cooperatively worked together to establish a Niagara Compliance Audit Committee.
Applications for membership on the Niagara Compliance Audit Committee are now being accepted. Applications are to be completed and submitted to your municipal Clerk. Please click on the links below for more information.
Notice to Members of the Public - Invitation to Apply
Niagara Compliance Audit Committee Application Form
Compliance Audits
How do I apply for a Compliance Audit?
1. Print an application for a Compliance Audit form from the City website or pick up an application from the Office of the City Clerk at the Port Colborne Municipal Offices or submit a written application for a Compliance Audit and deliver your written information to the Clerk within ninety (90) days of the candidate's filing date. Information about the filing dates is noted below:
2. Your application must include:
- Notice that you are eligible to vote as an elector in the municipal election.
- Your name and contact information including mailing address, telephone number and email address (if applicable).
- Name of the candidate whose election finances you are requesting a compliance audit 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 including the relevant sections of the Act.
- Any other relevant information.
- The date you submit the application to the Clerk.
- Your signature.
3. Mail or deliver your request for a compliance audit in a sealed envelope marked "PRIVATE AND CONFIDENTIAL" to:
The Office of the City Clerk
66 Charlotte Street
Port Colborne, Ontario L3K 3C8
Please note that applications will not be received by e-mail or fax.
What happens next?
In accordance with Section 81(3) of the Municipal Elections Act, 1996, all applications must be received by the City Clerk within ninety (90) days after the latest of:
a) The filing date under Section 78 (by June 23, 2011);
b) The candidate's supplementary filing date, if any, under Section 78 (by September 30, 2011);
c) The filing date for the final financial statement under Section 79.1; or
d) The date on which the candidate's extension, if any, under Section 80(4) expires.
The Clerk will forward applications that are complete to the Niagara Compliance Audit Committee for consideration.
Niagara Compliance Audit Committee Terms of Reference:
View the Niagara Compliance Audit Committee Terms of Reference .
Within 10 days after receipt of the application:
The Clerk will forward the application to the Niagara Compliance Audit Committee and provide a copy to each Member of Council.
Within 30 days of receiving the application:
The Committee will consider the application and decide whether it should be granted or rejected.
If the Committee grants the application:
1. The Committee will appoint an Auditor to conduct a Compliance Audit of the candidate's election campaign finances.
2. The Auditor will promptly 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, 1996 relating to election campaign finances and will prepare a report with the findings to be submitted to the candidate, Council, the Clerk and the applicant.
If the Committee rejects the application:
The Committee will direct the Clerk to send correspondence to the applicant conveying the Committee's decision. The Clerk will also advise Council of the Committee's decision by providing a copy of the correspondence sent to the applicant.
Within 10 days after receiving the Auditor's report:
The Clerk will forward the report to the Niagara Compliance Audit Committee.
Within 30 days of the Niagara Compliance Audit Committee receiving the Auditor's report:
The Committee will review the report and may:
a) If the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention, or
b) If the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances, make a finding as to whether or not there were reasonable grounds for the application.
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 there were no reasonable grounds for the application, the Council is entitled to recover the Auditor's costs from the applicant.
For a PDF Format: Compliance Audit Committee
