Election Compliance Audit Committee

Pursuant to Section 88.37(1) of the Municipal Elections Act, 1996, as amended, municipalities are required, prior to October 1 in a regular election year, to establish a Compliance Audit Committee (CAC). The purpose of the CAC is to consider applications for compliance audits of candidates’ or registered third parties’ campaign finances and determine if audits are required. The Terms of Reference have been established to ensure that the duties and responsibilities of the CAC are fulfilled in a fair, open and responsible manner.

The Committee is to be comprised of persons with accounting and audit, academic or legal backgrounds and/or other individuals with knowledge of election campaign finances. Members should have a demonstrated knowledge and understanding of municipal election campaign finances; proven analytical and decision-making skills; experience working on a committee, task force or similar setting; and good oral and written communication skills.

There are three (3) appointed members from the public who comprise the Committee. Employees of the Town of Essex, Council members and any candidates in the most recent municipal election, or in any by-election during the term of Council, are not eligible to be appointed as a member of this Committee.

The Committee is established prior to Election Day and appointments take effect on the first day of the new Council’s term of office.

Committee responsibilities

The Committee performs duties related to the compliance audit application process as outlined in the Act including:

• considering a compliance audit application received by an elector and deciding whether the application should be granted or rejected;
• appointing an Auditor if the application is granted;
• receiving the Auditor’s report;
• reviewing the Auditor’s report and deciding whether legal proceedings should be commenced; and
• determining whether to recover the costs of conducting the compliance audit from the applicant, if the Auditor’s report indicates there were no apparent contraventions and, if there were no reasonable grounds for the application.

Candidate Financial Filings

Candidate financial findings can be found at the bottom of the 2018 Municipal Election Results page.

How to apply for a compliance audit

If you are an eligible voter and you believe, on reasonable grounds, that a candidate or a third party advertiser has contravened the election finance rules, you may apply for a compliance audit of the candidate’s or the third party advertiser’s finances.

The application must be in writing and must set out the reasons why you believe that the candidate or third party advertiser has contravened the rules. Click the link below for a printable copy of the application.

Application for a Municipal Election Compliance Audit

An application for a compliance audit must be submitted, in person, to the municipal clerk within 90 days of the filing deadline. The deadline for candidates and third party advertisers to file their financial statements is the last Friday in March following the election (March 29, 2019).

The deadline for a candidate to file a supplementary financial statement is the last Friday in September (September 27, 2019). If a candidate files a supplementary financial statement, an application for a compliance audit may be submitted within 90 days of the supplementary filing deadline.