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3587-2022 Appoint Election Compliance Audit Committee

3587-2022 Appoint Election Compliance Audit Committee

BEING A BY-LAW TO APPOINT MEMBERS TO AN ELECTION COMPLIANCE AUDIT COMMITTEE FOR THE TOWNSHIP OF AUGUSTA

Passed by Council September 12, 2022


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3587-2022
A BY-LAW TO APPOINT MEMBERS TO AN ELECTION COMPLIANCE AUDIT
COMMITTEE FOR THE TOWNSHIP OF AUGUSTA

WHEREAS by Section 5 of the Municipal Act, 2001, 5.0. 2001, c. 25, the powers of a
municipal corporation are to be exercised by its Council;

AND WHEREAS the Municipal Elections Act, section 88.37 requires that a municipal
council shall appoint an election compliance audit committee;

NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts as
follows:

1. The Council of the Municipality of Augusta hereby approves the terms of reference
for the elections compliance audit committee attached as schedule A and shall
constitute part of this By-Law.

2. That the following individuals be appointed to the Election Compliance Audit Committee to serve as a member of said committee:

MEMBERS:
Dianne Merkley
Mel Campbell
John Dickson
Andy Brown
Nigel White
Anthony Vachon

3. That the term of the Committee shall be concurrent with the Municipal Council term
of office, ending on November 14, 2026.

4. That this By-Law will come into force and effect on November 15, 2022.

5. That By-Law 3372-2018 is hereby repealed on November 14, 2022.

READ a first and second time this 12th day of September, 2022.

READ a third time and passed this 12th day of September, 2022.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

 

Schedule A to By-law 3582-2022

Joint Leeds & Grenville Election Compliance Audit Committee
Terms of Reference

Participating Municipalities

The name of the Committee is the Joint Leeds & Grenville Election Compliance Audit
Committee’. The participating municipalities are as follows:

Township of Athens
Township of Augusta
City of Brockville
Township of Edwardsburgh Cardinal
Township of Elizabethtown-Kitley
Township of Front of ‘longe
Town of Gananoque
Township of Leeds and the Thousand Islands
Village of Merrickville-Wolford
Municipality of North Grenville
Town of Prescott
Township of Rideau Lakes
Village of Westport

The Clerk of the United Counties of Leeds and Grenville will provide administrative
support and act as Secretary to the Compliance Audit Committee. The clerks of the
participating municipalities have delegated the authority of administering the duties
related to the Compliance Audit Committee to the County Clerk.

Duration

The term of office is from November 15, 2022 to November 14, 2026 to deal with
compliance audit applications and participating clerk’s reports arising from the 2022
Municipal Election and any by-election during this term.

Mandate

The powers and functions of the Committee are set out in Sections 88.33 to 88.37 of the
Municipal Elections Act, 1996, as amended (included as Appendix “A”). The Committee
shall have the authority to:

a) Grant or reject a compliance audit application received from an eligible elector with
respect to apparent election campaign finance contraventions;
b) Grant or reject a report received from the Clerk with respect to apparent
contribution contraventions;
c) Appoint an auditor to conduct an audit where the application is granted and to
receive the results; and
d) Commence legal proceedings against the candidate or contributor for any
apparent contravention.

Membership

The Committee shall be composed of not less than three (3) and not more than seven (7)
members. Upon receipt of a compliance audit application or participating clerks report,
the County Clerk, at their discretion, will select three (3) members who will be voting
members to consider the complaint. The remaining members will be alternate members.
The County Clerk will confirm the committee membership for each compliance audit
application or clerks report received. An alternate member may be used in the following
circumstances at the discretion of the County Clerk:

1. A committee member is an eligible elector in the municipality requiring the audit;
and/or
2. A committee member is unavailable.

Membership will be comprised of individuals with legal, election administration, public
administration, auditing and/or accounting experience, professionals who are required to
adhere to codes of standards of their profession and those with in-depth knowledge of
the campaign financing rules of the Municipal Elections Act, 1996, as amended, and
regulations made thereunder.

Pursuant to subsection 88.37(2) of the Municipal Elections Act, 1996, as amended,
Committee members shall not include:

(a) employees or officers of the municipality or local board;
(b) members of the council or local board;
(c) any persons who are candidates in the election for which the committee is
established; or
(d) any persons who are registered third parties in the municipality in the election for
which the committee is established.

Any person who has committed to providing professional accounting advice to any
person running for office in any of the participating municipalities shall not be eligible to
be appointed to the Committee.

Members will be required to take training, including Accessible Customer Service
training, by the Counties as a condition of appointment.

Membership Selection

Notice of recruitment of individuals for the Committee will be posted on the participating
municipalities’ websites and on the Counties’ website. Notice will also be provided in
local newspapers. Clerks of the participating municipalities and the County Clerk may
also contact and solicit individuals with experience. Applications received after the
specified deadline will not be considered.

All applicants will be required to complete an application form outlining their qualifications
and experience. The County Clerk and clerks of the participating municipalities may
interview eligible applicants who meet the selection criteria. A list of recommended
candidates will be submitted to the council of each participating municipality for
consideration.

The selection process will be based upon the following criteria:

• eligibility under the Municipal Elections Act, 1996, as amended;
• demonstrated knowledge and understanding of municipal election
campaign financing rules;
• proven analytical and decision-making skills;
• experience working on a committee, task force or similar setting;
• availability and willingness to attend meetings; and
• possession of excellent oral and written communication skills.

Conflict of Interest

The principles of the Municipal Conflict of Interest Act apply to this Committee. Should a
member of the Committee discover a real or potential conflict of interest exists at any
time during the Committee’s term of office, the member shall disclose the interest to the
County Clerk immediately and shall not proceed to carry out duties related to the
Committee where a conflict exists. Failure to adhere to this requirement will result in the
individual being removed from the Committee.

Compensation

Voting and Alternate Members will be provided with an annual retainer of $100.00 at the
end of each year of the term. The County Clerk will issue payment to each member in
good standing on behalf of participating municipalities. Costs will be divided evenly
amongst the participating municipalities.

Members may receive additional compensation (ex. per diem, mileage) depending on
compensation by-laws of the participating municipalities.

Chairperson

The Committee will select a chairperson from amongst its members at its first meeting
upon receipt of each compliance audit application or Clerk’s report.

The Chair is the liaison between the members and the Secretary of the Committee on
matters of policy and process.

The Chair shall enforce the observance of order and decorum among the Committee
members and those present at all meetings.

When the Chair is absent, the Committee may appoint another member as Acting Chair.
While presiding, the Acting Chair shall have all the powers of the Chair.

Funding

The participating municipality requiring the services of the Committee shall be
responsible for all associated expenses, in addition to a portion of the annual retainer
fee.

Meetings Open to the Public

While meetings of the Committee will be open to the public, Sections 88.33 (5.1), 88.34
(9.1) and 88.36 (6.1) of the Municipal Elections Act, 1996, as amended, state the
Committee may choose to deliberate in private.

Timing of Meetings

The Clerk of the municipality where the audit is being requested shall forward the
application to the County Clerk immediately upon receipt, noting the date and time the
application was received. The application shall be provided to the Committee within ten
(10) days of its receipt at the local municipality in accordance with Section 88.33 (4) of
the Municipal Elections Act, 1996, as amended. Upon receipt of an application, the
County Clerk will determine the date and time of the first meeting in consultation with the
members. Subsequent meetings will be held at the call of the Chair in consultation with
the County Clerk.

Committee activity shall be determined primarily by the number and complexity of
applications for compliance audits received. The frequency and duration of meetings will
be determined by the Committee in consultation with the County Clerk.

Meeting Location

The Committee shall meet at the location determined by the County Clerk.

Meeting Notices, Agendas & Minutes

Reasonable notice of Committee meetings shall be given to the candidate, applicant,
contributor and/or registered third party, the Clerk of the municipality where the
application was requested, and the public.

The County Clerk shall cause notice of the meeting(s) to be provided a minimum of two
(2) business days prior to the date of each meeting. The agendas and minutes of
Committee meetings shall be posted on the municipal website of the United Counties of
Leeds and Grenville and on the website of the municipality requesting the services of the
Compliance Audit Committee.

Minutes of each meeting shall outline the general deliberations and specific actions and
recommendations.

The Committee must provide brief written reasons for decisions made regarding
acceptance or rejection of the application, and whether legal proceedings will be
commenced following receipt of an auditor’s report.

These written reasons must be provided to the candidate, County Clerk, Clerk for the
municipality where the candidate filed their nomination, applicant, and contributor and/or
registered third party.

Quorum

Quorum for meetings shall consist of a simple majority of the members of the Committee
selected by the County Clerk upon receipt of the compliance audit application or
participating clerk’s report.

If no quorum is present thirty (30) minutes after the meeting is scheduled to commence,
the County Clerk shall record the names of members present and the meeting shall stand
adjourned until the date of the next meeting, as determined by the County Clerk or the
Chair, if appointed.

Meeting Attendance

Any member of the Committee who is absent from two (2) consecutive meetings without
excusal by the Committee may be removed from the Committee at the discretion of the
County Clerk in consultation with the clerks of the participating municipalities.

Motions & Voting

A motion shall only need to be formally moved before the Chair can put the question or a
motion can be recorded in the minutes.

Every Member present shall be deemed to vote against the motion if they decline or
abstain from voting, unless disqualified from voting by reason of a declared pecuniary
interest.

In the case of a tie vote, the motion shall be considered to have been defeated.

The manner of determining the vote on a motion shall be by show of hands.

The Chair shall announce the result of every vote.

Administrative Practices and Procedures

The Terms of Reference constitute the Administrative Practices and Procedures of the
Committee. Any responsibilities not clearly identified within these Terms of Reference
shall be in accordance with Section 88.33 to 88.37 of the Municipal Elections Act, 1996,
as amended.

Appendix “A” — Sections 88.33 to 88.37 of the Municipal Elections Act, 1996, as
amended
Compliance Audits and Reviews of Contributions

Compliance audit of candidates’ campaign finances

Application by elector
88.33 (1) An elector who is entitled to vote in an election and believes on reasonable
grounds that a candidate has contravened a provision of this Act relating to election
campaign finances may apply for a compliance audit of the candidate’s election
campaign finances, even if the candidate has not filed a financial statement under section
88.25. 2016, c. 15, s. 63.

Requirements
(2) An application for a compliance audit shall be made to the clerk of the municipality or
the secretary of the local board for which the candidate was nominated for office, and it
shall be in writing and shall set out the reasons for the elector’s belief. 2016, c. 15, s. 63.

Deadline for applications
(3) The application must be made within 90 days after the latest of the following dates:
1. The filing date under section 88.30.
2. The date the candidate filed a financial statement, if the statement was filed within 30
days after the applicable filing date under section 88.30.
3. The candidate’s supplementary filing date, if any, under section 88.30.
4. The date on which the candidate’s extension, if any, under subsection 88.23 (6)
expires. 2016, c. 15, s. 63.

Compliance audit committee
(4) Within 10 days after receiving the application, the clerk of the municipality or the
secretary of the local board, as the case may be, shall forward the application to the
compliance audit committee. 2016, c. 15, s. 63.

Notice of meetings
(5) Reasonable notice of the meetings of the committee under this section shall be given
to the candidate, the applicant and the public. 2017, c. 20, Sched. 10, s. 1.
Open meetings
(5.1) The meetings of the committee under this section shall be open to the public, but
the committee may deliberate in private. 2017, c. 20, Sched. 10, s. 1.

Same
(6) Subsection (51) applies despite sections 207 and 208.1 of the Education Act. 2017,
c. 20, Sched. 10, s. 1.

Decision of committee
(7) Within 30 days after the committee has received the application, the committee shall
consider the application and decide whether it should be granted or rejected. 2016, c. 15,
s. 63.

Same
(8) The decision of the committee to grant or reject the application, and brief written
reasons for the decision, shall be given to the candidate, the clerk with whom the
candidate filed his or her nomination, the secretary of the local board, if applicable, and
the applicant. 2016, c. 15, s. 63.

Appeal
(9) The decision of the committee under subsection (7) may be appealed to the Superior
Court of Justice within 15 days after the decision is made, and the court may make any
decision the committee could have made. 2016, c. 15, s. 63.

Appointment of auditor
(10) If the committee decides under subsection (7) to grant the application, it shall
appoint an auditor to conduct a compliance audit of the candidate’s election campaign
finances. 2016, c. 15. s. 63.

Same
(11) Only auditors licensed under the Public Accounting Act, 2004 or prescribed persons
are eligible to be appointed under subsection (10). 2016, c. 15. s. 63.

Duty of auditor
(12) The auditor shall promptly conduct an audit of the candidate’s election campaign
finances to determine whether he or she has complied with the provisions of this Act
relating to election campaign finances and shall prepare a report outlining any apparent
contravention by the candidate. 2016, c. 15, s. 63.

Who receives report
(13) The auditor shall submit the report to the candidate, the clerk with whom the
candidate tiled his or her nomination, the secretary of the local board, if applicable, and
the applicant. 2016, c. 15, s. 63.

Report to be forwarded to committee
(14) Within 10 days after receiving the report, the clerk of the municipality or the
secretary of the local board shall forward the report to the compliance audit committee.
2016, c. 15, s. 63.

Powers of auditor
(15) For the purpose of the audit, the auditor,
(a) is entitled to have access, at all reasonable hours, to all relevant books, papers,
documents or things of the candidate and of the municipality or local board: and
(b) has the powers set out in section 33 of the Public Inquiries Act, 2009 and section 33
applies to the audit. 2016, c. 15, s. 63.

Costs
(16) The municipality or local board shall pay the auditor’s costs of performing the audit.
2016. c. 15, s. 63.

Decision
(17) The committee shall consider the report within 30 days after receiving it and, if the
report concludes that the candidate appears to have contravened a provision of the Act
relating to election campaign finances, the committee shall decide whether to commence
a legal proceeding against the candidate for the apparent contravention. 2016, c. 15, s.
63.

Notice of decision, reasons
(18) The decision of the committee under subsection (17), and brief written reasons for
the decision, shall be given to the candidate, the clerk with whom the candidate filed his
or her nomination, the secretary of the local board, if applicable, and the applicant. 2016,
c. 15, s. 63.

Immunity
(19) No action or other proceeding for damages shall be instituted against an auditor
appointed under subsection (10) for any act done in good faith in the execution or
intended execution of the audit or for any alleged neglect or default in its execution in
good faith. 2016, c. 15, s. 63.

Saving provision
(20) This section does not prevent a person from laying a charge or taking any other
legal action, at any time, with respect to an alleged contravention of a provision of this
Act relating to election campaign finances. 2016, c. 15, s. 63.

Section Amendments with date in force (d/m/y)
Review of contributions to candidates
88.34(1) The clerk shall review the contributions reported on the financial statements
submitted by a candidate under section 88.25 to determine whether any contributor
appears to have exceeded any of the contribution limits under section 689. 2016, c. 15,
s. 64.

Report, contributions to candidates for council
(2) As soon as possible following the day that is 30 days after the filing date or
supplementary filing date, as the case may be, under section 88.30, the clerk shall
prepare a report identifying each contributor to a candidate for office on a council who
appears to have contravened any of the contribution limits under section 88.9 and,
(a) if the contributor’s total contributions to a candidate for office on a council appear to
exceed the limit under section 88.9, the report shall set out the contributions made by
that contributor to the candidate; and
(b) if the contributor’s total contributions to two or more candidates for office on the same
council appear to exceed the limit under section 88.9, the report shall set out the
contributions made by that contributor to all candidates for office on the same council.
2016, c. 15. s. 64.

Same
(3) The clerk shall prepare a separate report under subsection (2) in respect of each
contributor who appears to have contravened any of the contribution limits under section
68.9. 2016, c. 15, s. 64.

Same
(4) The clerk shall forward each report prepared under subsection (2) to the compliance
audit committee. 2016, c. 15, s. 64.

Report, contributions to candidates for a local board
(5) As soon as possible following the day that is 30 days after the tiling date or
supplementary filing date, as the case may be, under section 88.30, the clerk shall
prepare a report identifying each contributor to a candidate for office on a local board
who appears to have contravened any of the contribution limits under section 88.9 and,
(a) if the contributor’s total contributions to a candidate for office on a local board appear
to exceed the limit under section 88.9, the report shall set out the contributions made by
that contributor to the candidate; and
(b) if the contributor’s total contributions to two or more candidates for office on the same
local board appear to exceed the limit under section 88.9, the report shall set out the
contributions made by that contributor to all candidates for office on the same local
board. 2016, c. 15, s. 64.

Same
(6) The clerk shall prepare a separate report under subsection (5) in respect of each
contributor who appears to have contravened any of the contribution limits under section
88.9. 2016, c. 15,s.64.

Same
(7) The clerk shall forward each report prepared under subsection (5) to the secretary of
the local board for which the candidate was nominated for office and, within 10 days after
receiving the report, the secretary of the local board shall forward it to the compliance
audit committee. 2016, c. 15, s. 64.

Decision of compliance audit committee
(8) Within 30 days after receiving a report under subsection (4) or (7), the compliance
audit committee shall consider it and decide whether to commence a legal proceeding
against a contributor for an apparent contravention. 2016, c. 15, 5. 64.

Notice of meetings
(9) Reasonable notice of the meetings of the committee under subsection (8) shall be
given to the contributor, the applicable candidate and the public. 2017, c. 20, Sched. 10,
s. 2.

Open meetings
(9.1) The meetings of the committee under subsection (8) shall be open to the public, but
the committee may deliberate in private. 2017, c. 20, Sched. 10, s. 2.

Same
(10) Subsection (9.1) applies despite sections 207 and 208.1 of the Education Act. 2017,
c. 20, Sched. 10, s. 2.

Notice of decision, reasons
(11) The decision of the committee under subsection (8), and brief written reasons for the
decision, shall be given to the contributor and to the clerk of the municipality or the
secretary of the local board, as the case may be. 2016, c. 15, s.64.

Saving provision
(12) This section does not prevent a person from laying a charge or taking any other.
legal action, at any time, with respect to an alleged contravention of a provision of this
Act relating to contribution limits. 2016, c. 15, s. 64.

Section Amendments with date in force (d/m/y)
Compliance audit of registered third parties
Application by elector
88.35 (1) An elector who is entitled to vote in an election in a municipality and believes on
reasonable grounds that a registered third party who is registered in relation to the
election in the municipality has contravened a provision of this Act relating to campaign
finances may apply for a compliance audit of the campaign finances of the registered
third party in relation to third party advertisements, even if the registered third party has
not filed a financial statement under section 88.29. 2016, c. 15, s. 65.

Requirements
(2) An application for a compliance audit shall be made to the clerk of the municipality in
which the registered third party was registered, and it shall be made in writing and shall
set out the reasons for the elector’s belief. 2016, c. 15, s. 65.

Deadline
(3) The application must be made within 90 days after the latest of the following dates:
1. The filing date under section 88.30.
2. The date the registered third party filed a financial statement, if the statement was filed
within 30 days after the applicable filing date under section 88.30.
3. The supplementary filing date, if any, for the registered third party under section 88.30.
4. The date on which the registered third party’s extension, if any, under subsection
88.27 (3) expires. 2016, c. 15, s. 65.

Application of s. 88.33 (4) to (20)
(4) Subsections 88.33 (4) to (20) apply to a compliance audit under this section, with the
following modifications:
1. A reference to a candidate shall be read as a reference to the registered third party.
2. A reference to the clerk with whom the candidate filed his or her nomination shall be
read as a reference to the clerk of the municipality in which the registered third party is
registered.
3. A reference to election campaign finances shall be read as a reference to the
campaign finances of the registered third party in relation to third party advertisements
that appear during an election in the municipality. 2016, c. 15, s. 65.

Section Amendments with date in force (d/m/y)
Review of contributions to registered third parties
88.36 (1) The clerk shall review the contributions reported on the financial statements
submitted by a registered third party under section 88.29 to determine whether any
contributor appears to have exceeded any of the contribution limits under section 88.13.
2016, c. 15, s. 65.

Report by the clerk
(2) As soon as possible following the day that is 30 days after the filing date or
supplementary filing date, as the case may be, under section 88.30 for a registered third
party, the clerk shall prepare a report identifying each contributor to the registered third
party who appears to have contravened any of the contribution limits under section 88.13
and,
(a) if the contributor’s total contributions to a registered third party that is registered in the
municipality appear to exceed the limit under section 88.13, the report shall set out the
contributions made by that contributor to the registered third party in relation to third party
advertisements; and
(b) if the contributor’s total contributions to two or more registered third parties that are
registered in the municipality appear to exceed the limit under section 88.13, the report
shall set out the contributions made by that contributor to all registered third parties in the
municipality in relation to third party advertisements. 2016, c. 15, s. 65.

Same
(3) The clerk shall prepare a separate report under subsection (2) in respect of each
contributor who appears to have contravened any of the contribution limits under section
88.13. 2016, c. 15, s.65.

Same
(4) The clerk shall forward each report prepared under subsection (2) to the compliance
audit committee. 2016, c. 15, s. 65.

Decision of compliance audit committee
(5) Within 30 days after receiving a report under subsection (4), the compliance audit
committee shall consider it and decide whether to commence a legal proceeding against
a contributor for an apparent contravention. 2016, c. 15, s.65.

Notice of meetings
(6) Reasonable notice of the meetings of the committee under subsection (5) shall be
given to the contributor, the registered third party and the public. 2017, c. 20, Sched. 10,
s. 3.

Open meetings
(6.1) The meetings of the committee under subsection (5) shall be open to the public, but
the committee may deliberate in private. 2017, c. 20, Sched. 10, s. 3.

Notice of decision, reasons
(7) The decision of the committee under subsection (5), and brief written reasons for the
decision, shall be given to the contributor and to the clerk of the municipality. 2016, c. 15,
s. 65.

Saving provision
(8) This section does not prevent a person from laying a charge or taking any other legal
action, at any time, with respect to an alleged contravention of a provision of this Act.
relating to contribution limits. 2016, c. 15, s. 65.

Section Amendments with date in force (dimly)
Compliance audit committee
88.37 (1) A council or local board shall establish a compliance audit committee before
October 1 of an election year for the purposes of this Act. 2016, c. 15, s. 66.
Composition
(2) The committee shall be composed of not fewer than three and not more than seven
members and shall not include,
(a) employees or officers of the municipality or local board;
(b) members of the council or local board;
(c) any persons who are candidates in the election for which the committee is
established; or
(d) any persons who are registered third parties in the municipality in the election for
which the committee is established. 2016, c. 15, s. 66.

Eligibility for appointment
(3) A person who has such qualifications and satisfies such eligibility requirements as
may be prescribed is eligible for appointment to the committee. 2016, c. 15, s. 66.

Same
(4) In appointing persons to the committee, the council or local board shall have regard to
the prescribed eligibility criteria. 2016, c. 15, s. 66.

Term of office
(5) The term of office of the committee is the same as the term of office of the council or
local board that takes office following the next regular election, and the term of office of
the members of the committee is the same as the term of the committee to which they
have been appointed. 2016, c. 15, s. 66.

Role of clerk or secretary
(6) The clerk of the municipality or the secretary of the local board, as the case may be,
shall establish administrative practices and procedures for the committee and shall carry
out any other duties required under this Act to implement the committee’s decisions.
2016, c. 15, s.66.

Costs
(7) The council or local board, as the case may be, shall pay all costs in relation to the
committee’s operation and activities. 2016, c. 15, s. 66.

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