On this page:
- What is a Compliance Audit Committee?
- What are the functions of the Compliance Audit Committee?
- What is the composition of the Compliance Audit Committee?
- Who is ineligible to apply to be a member of the Compliance Audit Committee?
- When does the Committee's Term of Office begin and end?
- What is the time commitment required of a Compliance Audit Committee member?
- What is a compliance audit?
- Where does the elector send their application?
- How long will it take before the application is heard?
- What happens if the Committee grants the application?
- Can Committee decisions be appealed?
- What happens once the auditor completes the audit?
- Who pays for the auditor?
- How do I submit a compliance audit committee application for a school board candidate?
- What is the process if the school board participates in the City of Timmins Compliance Audit Committee?
- Can I submit a compliance audit application regarding a third-party advertiser supporting or opposing a candidate?
- Can I submit a compliance audit application regarding a third-party advertiser supporting or opposing a question on the ballot?
What is a Compliance Audit Committee?
The Compliance Audit Committee (CAC) is an independent statutory body whose responsibilities and powers are largely prescribed by the Municipal Elections Act, 1996.
The Committee is responsible for reviewing and making decisions on applications for municipal election campaign finance compliance audits, and on reports from the clerk regarding apparent contraventions of contribution limits prescribed by the Municipal Elections Act, 1996 resulting from the regular municipal election or any by-election held during the term of office for which the Committee was appointed.
What are the functions of the Compliance Audit Committee?
The powers and functions of the Committee are set out in sections 81 and 81.1 of the Municipal Elections Act, 1996. The Committee is responsible for carrying out the compliance audit application process in accordance with the Act. These functions include:
- Within 30 days after receiving a compliance audit application from an elector, consider the application and decide whether to grant or reject it;
- If the application is granted, appoint a licensed auditor to conduct a compliance audit;
- Receive the auditor’s report;
- Within 30 days after receiving the auditor’s report, consider the report;
- If the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, commence legal proceedings against the candidate for the apparent contravention; and
- If the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances and the Committee determines that there were no reasonable grounds for the application, determine whether the costs of the audit should be recovered from the applicant.
What is the composition of the Compliance Audit Committee?
The Committee will be composed of four (4) members. Membership will be drawn from the following groups:
- accounting and audit - accountants or auditors with experience in preparing or auditing the financial statements of municipal candidates; legal; professionals who in the course of their duties are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals; and/or
- other individuals with knowledge of the campaign financing rules of the Municipal Elections Act, 1996.
Who is ineligible to apply to be a member of the Compliance Audit Committee?
In accordance with the Act, Subsection 88.37(2), membership shall not include:
- employees or officers of the municipality or local board;
- members of the council or local board;
- any persons who are Candidates in the election for which the committee is established; or
- any persons who are registered third parties in the municipality in the election for which the
committee is established.
When does the Committee's term of office begin and end?
The term of office is from November 15, 2026 to November 14, 2026 to deal with applications from the 2018 election and any by-elections during Council's term.
What is the time commitment required of a Compliance Audit Committee member?
This depends on the number of applications received and the complexity of the issues raised in the applications.
General Questions about the Compliance Audit Process
What is a Compliance Audit?
An elector who is entitled to vote in an election and who believes on reasonable grounds that a candidate or third party advertiser has contravened a provision of the Municipal Elections Act, 1996 relating to election campaign finances may apply for a compliance audit of the candidate’s campaign finances.
An application for a compliance audit must be made in writing to the Clerk of the municipality and must set out the reasons for the elector’s belief. The application must be submitted within 90 days after the candidate’s filing date.
Upon receipt, the Clerk shall forward the application to the Compliance Audit Committee for consideration in accordance with the Act.
Where does an elector send their application?
To request a compliance audit of a municipal council candidate (mayor or councillor), an elector can send their application to the City of Timmins City Clerk.
How long will it take before the application is heard?
Within 30 days after receiving the application, the Compliance Audit Committee will consider the application and decide whether to grant it or reject it.
What happens if the Committee grants the application?
If the Committee grants the application, they will appoint an auditor to promptly start the audit of the candidate's election campaign finances to determine if the candidate complied with the provisions of the Municipal Elections Act, 1996.
Can Committee decisions be appealed?
Yes. The decision of the Committee may be appealed to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the Committee could have made.
What happens once the auditor completes the audit?
Once the auditor has completed the audit, the auditor will provide a report to the
Committee, the Clerk, the candidate and the applicant. The Committee will consider the report within 30 days of receiving it and determine whether legal proceedings should be commenced against the candidate.
Who pays for the auditor?
The municipality pays for the auditor's costs, however, if the report indicates that there was no apparent contravention and the Committee finds that there were no reasonable grounds for the application, the Council is entitled to recover the auditor's costs from the applicant.
Compliance Audit Applications relating to School Board Trustees
How do I submit a Compliance Audit Committee application for a school board candidate?
The process for submitting a Compliance Audit Committee application related to a school board candidate will depend on the school board involved. Some school boards participate in the City of Timmins Compliance Audit Committee, while others may establish their own committee and process. You will need to contact your School Board office or the City of Timmins Clerks Office for confirmation.
What is the process if the school board participates in the City of Timmins Compliance Audit Committee?
For school boards that have advised they will participate in the City of Timmins Compliance Audit Committee, applications must be submitted through the same process outlined above for municipal candidates.
If the school board has established its own Compliance Audit Committee, applications must be submitted directly to that school board. Applicants should contact the respective school board for information on their specific submission process and requirements.
Compliance Audit Applications relating to Third Party Advertiser and Question on the Ballot
Can I submit a compliance audit application regarding a third-party advertiser supporting or opposing a candidate?
Yes. Under the Municipal Elections Act, 1996, an eligible elector may submit an application for a compliance audit related to the campaign finances of a registered third-party advertiser. The application must follow the same process and timelines as those outlined for candidates.
Can I submit a compliance audit application regarding a third-party advertiser supporting or opposing a question on the ballot?
Yes. Under the Municipal Elections Act, 1996, an eligible elector may submit an application for a compliance audit related to the campaign finances of a registered third-party advertiser supporting or opposing a question on the municipal ballot. The application must follow the same process and timelines as those outlined for candidates.