Municipal Election Compliance Audit Committee

In accordance with the Municipal Elections Act, 1996 (the "Act"), the Town of Milton has established a Municipal Election Compliance Audit Committee.  This Committee will consider applications from voters who are entitled to vote in an election and who believe that a candidate has contravened a provision of the Act relating to election campaign finances.  Applications must be made within 90 days after the latest of:

  • the filing date under section 78 of the Act;
  • the candidate's supplementary filing date, if any, under section 78;
  • the filing date for the financial statement under section 79.1;
  • the date on which the candidate's extension, if any, under subsection 80(4) expires.

Mandate

The Municipal Election Compliance Audit Committee shall:

  • Review applications for a compliance audit of any candidate who ran for election to Town of Milton Council if the application was received in accordance with the requirements of the Municipal Elections Act, 1996 (the "Act".)
  • Determine whether the application should be granted or rejected within 30 days of receipt of the application.
  • Where an application is granted, appoint an auditor licensed under the Public Accounting Act, 2004 or other prescribed person, to conduct a compliance audit of the candidate's election campaign finances.
  • Consider the auditor's report within 30 days of receipt and may:
  • commence a legal proceeding against the candidate if the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances
  • make a finding as to whether there were reasonable grounds for the application if the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances

How to Apply for a Compliance Audit

  1. Complete the application form and send it to the Town Clerk, Town of Milton, 150 Mary Street, Milton, ON L9T 6Z5.
    To request a compliance audit of a School Board candidate, the application should be sent to the Director of the appropriate School Board.
  2. Within 10 days after receiving the application, the Town Clerk will forward it to the Committee and provide a copy of the application to Council.
  3. Within 30 days of receiving the application, the Compliance Audit Committee will consider the application and decide whether to grant it or reject it.
  4. The Town Clerk will notify the applicant and the candidate of the date the Committee will consider the application.  This notice will be sent by registered mail.
  5. If the Committee grants the application, they will appoint an auditor to promptly audit the candidate's campaign finances to determine whether the candidate complied with the provisions of the Municipal Elections Act, 1996 (the "Act").
  6. If the applicant does not agree with the Committee's decision, he/she may appeal to the Ontario Court of Justice within 15 days after the decision is made.
  7. Once the auditor has completed the audit, he/she will provide a report to the candidate, Council, the Town Clerk, and the applicant.  Within 10 days after receiving the auditor's report, the Town Clerk will forward a copy to the Committee.

The Committee will consider the auditor's report within 30 days of receiving it and determine whether legal proceedings should be commenced against the candidate, or in the event the report concludes that the candidate has not contravened the Act, whether there were reasonable grounds for the application.

** Applicants should be aware that the Town will pay the auditor's costs, however, if the auditor's report indicates that there are no apparent contraventions of the Act and the Committee finds that there are no reasonable grounds for the application, Council is entitled to recover the auditor's costs from the applicant.