Frequently asked questions

1. General questions about the Compliance Audit Committee

	What is a Compliance Audit Committee?
	Pursuant to Section 81.1 of the Municipal Elections Act, 1996, (the Act), Toronto City Council must establish a Compliance Audit Committee. The Committee will receive and make decisions on applications for compliance audits of candidates' 2010 municipal election campaign finances and any by-elections during Council's term pursuant to the Act.
	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 will perform the functions relating to the compliance audit application process as outlined in the Act. These functions include: considering a compliance audit application by an elector and decide whether it should be granted or rejected; appointing an auditor, if the application is granted; receiving the auditor's report; considering the auditor's report and decide whether legal proceedings should be commenced; and determining whether to recover costs of conducting the compliance audit from the applicant if the auditor's report indicates there were no apparent contraventions and if there appears to be no reasonable grounds for having made the application.
	What is the composition of the Compliance Audit Committee?
	The Committee is composed of three (3) members: Douglas Colborne John Hollins Virginia MacLean
	When does the Committee's term of office begin and end?
	The term of office is from December 1, 2010 to November 30, 2014 to deal with applications from the 2010 election and any by-elections during Council's term.

2. General questions about the Compliance Audit Process

	What is a Compliance Audit?
	An elector, who is entitled to vote in an election and believes on reasonable grounds that a candidate 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 shall be made to the Clerk. This application shall be in writing and shall set out the reasons for the elector's belief within 90 days after the candidate's financial filing date.
	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: City Clerk's Office, Toronto Elections Office, City Hall, 1st floor North, 100 Queen Street West, Toronto, ON, M5H 2N2. To request a compliance audit of a school board candidate, the application should be sent to the Director of the appropriate school board. Contact information is available on their website.
	How long will it take before the application is heard?
	Within 30 days after receiving the application, the Compliance Audit Committee or School Board will consider the application and decide whether to grant it or reject it. Both the applicant and candidate will receive, by registered mail, notification of the date when the Committee will consider the application.
	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 City Clerk, the candidate and the applicant. The Committee will consider the report in a public session within 30 days of receiving it and may: 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; or 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 there were reasonable grounds for the application. The auditor's report will be part of the meeting agenda and will be a public document.
	Who pays for the auditor?
	The City pays for the auditor's costs, however, if the auditor's report indicates that there was no apparent contravention and the Committee finds that there were no reasonable grounds for the application, the Committee is entitled to recover the auditor's costs from the applicant.

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