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2010 Candidate's Guide

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Before Election Day


Becoming a candidate


Sections 17, 29 to 39 and 41 of the Municipal Elections Act, 1996, as amended,
Sections 202 and 203 of the City of Toronto Act, 2006, Ontario Regulation 500/09, a regulation to the Municipal Elections Act, 1996, and Section 219 of the Education Act


Qualifications of a candidate

To run for an office on council or a school board, a candidate must be qualified on the day he or she files the nomination paper.

To run for council (mayor or councillor) the person must be:

  • A Canadian citizen
  • At least 18 years of age
  • A resident of the City of Toronto; or own or lease property; or the spouse of the owner or lessee in the City of Toronto
  • Not legally prohibited from voting
  • Not disqualified by any legislation from holding municipal office

To run for school board trustee the person must be:

  • A Canadian citizen
  • At least 18 years of age
  • A resident in the area of jurisdiction of the board
  • Eligible to be an elector for the school board in which the person is a candidate
  • Not legally prohibited from voting
  • Not disqualified by any legislation from holding municipal office.

An elected member of council or a school board trustee must maintain their qualifications throughout the entire term of office or their seat will become vacant.


When can a person become a candidate?

A person can only become a candidate during the nomination period.

The nomination period starts on Monday, January 4, 2010 and ends on Friday, September 10, 2010 at 2 p.m.

From January 4 to September 9, 2010 nominations are accepted, Monday to Friday, 8:30 a.m. to 4:30 p.m., excluding holidays, at:

  • City Hall, 100 Queen Street West
    main floor near the back (Elizabeth Street) entrance, and
  • Toronto Elections Office, 89 Northline Road
    (west off O'Connor Drive between Victoria Park Avenue and Bermondsey Road)

The last day to file a nomination paper (Nomination Day) is on Friday, September 10, 2010. On this day, nominations are only accepted at:

  • Toronto City Hall, Council Chamber (3rd floor), 9 a.m. to 2 p.m.

A person cannot raise or spend any money until they become a candidate and they cannot become a candidate until they have filed a nomination paper.


Documentation provided by the candidate

When a person files a nomination paper they must provide:

  • Current identification (see list below), and
  • The nomination filing fee (see nomination form and filing fee)

Proof of name, qualifying address and signature must be provided when a person files their nomination paper. They must provide one original item from Schedule 1 or one original item from Schedule 2 and one original item from Schedule 3.

Schedule 1
Documents that show name, qualifying address and signature:

  • Ontario driver's licence
  • Ontario health card (photo card)
  • Ontario motor vehicle permit (plate portion)
  • Cancelled personalized cheque
  • Mortgage, lease or rental agreement
  • Insurance policy
  • Loan or financial agreement with a financial institution
  • Document issued or certified by a court in Ontario
  • Any other document from the government of Canada, Ontario or a municipality in Ontario or from an agency of such a government
  • Any document from a Band Council in Ontario established under the Indian Act (Canada)

Schedule 2
Documents that show name and signature:

  • Ontario driver's licence
  • Ontario health card
  • Ontario motor vehicle permit (plate portion)
  • Canadian passport
  • Certificate of Canadian Citizenship
  • Certificate of Indian Status
  • Veterans Affairs Canada Health card
  • Social insurance number card
  • Old age security card
  • Credit card
  • Debit card
  • Employee identification card
  • Student identification card issued by a post-secondary institution
  • Union identification card or a professional licence card
  • Cancelled personalized cheque
  • Mortgage, lease or rental agreement for property in Ontario
  • Insurance policy
  • Document issued or certified by a court in Ontario
  • Any other document from the government of Canada, Ontario or a municipality in Ontario or from an agency of such a government
  • Any document from a Band Council in Ontario established under the Indian Act (Canada)

Schedule 3
Documents that show name and qualifying address:

  • Ontario motor vehicle permit (vehicle portion)
  • Income tax assessment notice
  • Child Tax Benefit statement
  • Statement of Employment Insurance Benefits Paid T4E
  • Statement of old age security T4A (OAS)
  • Statement of Canada Pension Plan Benefits T4A (P)
  • Canada Pension Plan Statement of Contributions
  • Statement of Direct Deposit for Ontario Works
  • Statement of Direct Deposit for Ontario Disability Support Program
  • Workplace Safety and Insurance Board Statement of Benefits T5007
  • Property tax assessment
  • Insurance statement
  • Mortgage, lease or rental statement for property in Ontario
  • Credit card, bank account, RRSP, RRIF, RHOSP or T5 statement
  • CNIB card or a card from another registered charitable organization which provides services to persons with disabilities
  • Hospital card or record
  • Document showing campus residence issued by the office or officials responsible for student residence at a post-secondary institution
  • Utility bill for hydro, water, gas, telephone or cable TV or a bill from a public utilities commission
  • Cheque stub, T4 statement or pay receipt issued by an employer
  • Transcript or report card from a post-secondary school
  • Document issued or certified by a court in Ontario
  • Any other document from the government of Canada, Ontario or a municipality in Ontario or from an agency of such a government
  • Any document from a Band Council in Ontario established under the Indian Act (Canada)

Nomination form and filing fee

To become a candidate, a person must file a nomination paper and a declaration of qualification. These documents are available at the Toronto Elections Office and online.

A Commissioner of Oaths is available at the Toronto Elections Office, free of charge, to commission the forms.

When a person files their nomination paper, they must submit the appropriate nomination fee.

  • Office of mayor ($200)
  • Office of councillor ($100)
  • Office of school board trustee ($100)

Payment must be made by cash, certified cheque or money order payable to "Treasurer, City of Toronto". Credit cards, debit cards and personal cheques are not accepted.

Faxed nominations will not be accepted as an original signature is required on all election documents that are filed with the Clerk.

Once a person has filed the nomination paper and declaration of qualification, they are officially a candidate in the 2010 municipal election.

The candidate will receive a:

  • Letter from the Director, Elections and Registry Services
  • Candidate Event Calendar
  • Preliminary Certificate of Maximum Campaign Expense Limit
  • Candidate's Guide

The candidate can:

  • Open a bank account (in the name of the campaign)
  • Start accepting donations and incurring expenses

Agent filing a nomination

A person can appoint an agent to file the nomination paper on their behalf. The person who wishes to become a candidate must provide all of the following:

  • Nomination Paper
  • Declaration of Qualification for the office
  • The above documents commissioned by a Commissioner of Oaths
  • Candidate Materials Acknowledgement form
  • Agent Appointment form
  • The nomination filing fee
  • A copy of their identification

The agent must:

  • Bring in all of the above documents
  • Provide their own identification

If any of the documents are not complete, the nomination will not be accepted.


Who cannot be a candidate

The following people are disqualified from being elected as a member of council or hold office as a member of council:

  • Employees of the City of Toronto except during a leave of absence. (The employee must be on a leave of absence before filing their nomination paper. They must provide the Clerk with documentation showing that they have taken the leave of absence and the effective date.)
  • A judge of any court.

The following people are disqualified from being elected as a school board trustee or hold office on any school board:

  • Employees of any school board (including supply teachers) except during a leave of absence. (The employee must be on a leave of absence before filing their nomination paper. They must provide the Clerk with documentation showing that they have taken the leave of absence and the effective date.)
  • A clerk, treasurer, deputy-clerk or deputy-treasurer of any municipality within the area of jurisdiction of the school board except those on an unpaid leave of absence.

In addition to the above, the following people cannot run for either council or school board:

  • A member of the Provincial Legislature, the Federal House of Commons or Senate who has not resigned from their office by the close of nominations (2 p.m., Friday, September 10, 2010). Proof of resignation must be provided by the close of nominations (2 p.m., Friday, September 10, 2010) or the Clerk will not certify the nomination.
  • A candidate who failed to file the necessary financial statement(s) in the last municipal election.

How the candidate's name will appear on the ballot

The name that shows on the candidate's identification is what will appear on the ballot with the following exception:

  • First names can be shortened, for example, Michael can be Mike

Nicknames, middle names, initials or professions are not allowed on the ballot.

Any instance where two or more candidates have the same last name, all candidates running for that office will have their qualifying address printed on the ballot. (See Ballot).


How to withdraw a nomination

If a candidate decides they no longer wish to run in the 2010 municipal election, they must:

  • Complete the Withdrawal of Nomination form
  • Bring the form and proper identification to Toronto Elections

The last day for a candidate to withdraw their nomination is 2 p.m., Friday, September 10, 2010. If a candidate withdraws their nomination, they must submit a financial statement showing all contributions and expenses, including the nomination fee, from the day they filed the nomination paper until the day they withdrew from the office. This financial statement is due by 2 p.m., Friday, March 25, 2011.

Once the withdrawal form has been accepted, the nomination fee will be refunded.

If an agent is bringing in the withdrawal form on the candidate's behalf, the agent must provide the following:

  • A signed letter from the candidate authorizing the agent to file the withdrawal;
  • Withdrawal of Nomination form completed by the candidate; and
  • Identification from both the candidate and agent.

Faxed or mailed-in forms will not be accepted.


Certification of nomination papers

The Clerk will certify all nomination papers by 4 p.m., Monday, September 13, 2010. Candidates are only notified, in writing, if the Clerk does not certify the nomination.


Documentation submitted by candidate

The Municipal Elections Act, 1996 states that all forms and correspondence submitted by the candidate are deemed to be public documents and can be viewed, at the Clerk's Office, at any time.

Subsections 88(5) and (10) of the Municipal Elections Act, 1996 state:

'(5) Despite anything in the Municipal Freedom of Information and Protection of Privacy Act, documents and materials filed with or prepared by the clerk or any other election official under this Act are public records and, until their destruction, may be inspected by any person at the clerk's office at a time when the office is open.'

'(10) No person shall use information obtained from public records described in subsection (5), except for election purposes.'

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Candidate information sessions


Candidate information sessions will be held to help candidates understand their responsibilities. These sessions will start January 2010 and run to December 2010. There will be three different segments:

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Candidate general information



Candidate website

Candidates may access all campaign information on the City's website. Notices will be sent by e-mail to inform candidates of any upcoming events or any new information that has been posted on the web. It is imperative that candidates provide the Toronto Elections Office with a current e-mail address. Candidates should ensure that any e-mails they receive from candidateinfo@toronto.ca are not forwarded to their 'junk' mail folder. Candidates without e-mail addresses will be notified by mail.


Audio recording of candidate name

During the advance vote period, the City of Toronto uses an audio feature on the voting equipment to allow electors with a visual disability the ability to vote independently. Election staff will record the candidate's name, but in instances where the pronunciation is difficult, the candidate will be requested to record his or her own name. This recording will be used as a reference only.


Accessibility for persons with disabilities

The Ministry of Community and Social Services has provided information about how candidates can make their meetings, literature, campaign offices, etc., more accessible for persons with disabilities. Candidates should familiarize themselves with the following guides:

Removing Barriers to Political Participation

  • Accessible Campaign Information and Communication
  • Accessible All Candidates Meetings
  • Accessible Constituency, Riding Association, Central Party and Campaign Offices

These guides are available in the Additional guides section.


Registered mail/change of address

Some election documents will be sent to the candidate by registered mail. Candidates should ensure the documents are picked up when they receive the notification. The City of Toronto will be sending notices in 2011 regarding the financial filings. It is the candidate's responsibility to ensure they fulfill all the requirements of the Municipal Elections Act, 1996. If the candidate moves or changes their address anytime before they have filed all the required documents, they must notify the Toronto Elections Office immediately.


Contacts

Candidates:

  • If candidates have any questions regarding their campaign they can call the Candidate Information Line at 416-395-0025 or send an e-mail to candidateinfo@toronto.ca.
  • If candidates have any questions regarding election signs or wish to report any illegal signs, they can call Municipal Licensing and Standards at 416-395-7010.

Electors:

  • Electors wishing general election information can call 3-1-1
  • Electors requiring information about proxy certificates can call 416-338-1111

Publications

Links
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Electronic Financial Filing System (EFFS)


Section 78(7) of the Municipal Elections Act, 1996, as amended, City of Toronto by-law no. 1178-2009.


What is EFFS?

EFFS is an online program that is available to all candidates and allows them to:

  • Track all contributions
  • Print receipts
  • Import scanned signature for receipt purposes
  • Create an electronic file of receipts (ability to e-mail directly to contributors)
  • Link one contributor to multiple contributions
  • Be notified of any contributions that exceed the allowable limit
  • Input expenses
  • Input fund-raising events
  • Correctly calculate all contributions, income and expenses as needed on the financial statement
  • Display contribution information (amount of contributions, list of contributors who contributed over $100) on the financial statement
  • Produce the financial statement on the prescribed form
  • Submit contributions details electronically with the financial statement
  • Set up accounts for campaign staff and monitor activity of those accounts

After the financial filing deadline, the financial information (taken from the candidate's financial statement) and list of contributors who contributed over $100 will be posted on the City's website. Candidates should notify their contributors that their name, address, amount of contribution and who they contributed to will appear on the website. Financial information.

Candidates for mayor or councillor who plan to participate in the City's contribution rebate program are strongly encouraged to register to use EFFS.

The Municipal Elections Act, 1996 requires a candidate to file the original copy of their financial statement. The original copy will be scanned and posted on the City's website.


How does a candidate register to use EFFS?

To use EFFS, the candidate must complete the Terms of Use Agreement. Once the Terms of Use Agreement has been completed it can be dropped off or mailed to Toronto City Hall (100 Queen Street West, 1st Floor, North, Toronto, ON M5H 2N2) or the Toronto Elections Office (89 Northline Road, Toronto, ON M4B 3G1). Once the document has been received, the candidate will receive a notification providing the 10 digit User ID number and a temporary password.

Note: due to the recent amendments to the Municipal Elections Act, 1996, candidates will initially only have access to the Contributions and User Administration sections of EFFS. Once EFFS has been updated to reflect these amendments, candidates will be notified by e-mail.


EFFS tutorials

To help candidates navigate through EFFS, online tutorials are available.

  • Tutorial # 1
    • Contributions & User Administration
  • Tutorial # 2
    • Fund-raising and Expenses (available at a later date)
  • Tutorial # 3
    • Financial Statements (available at a later date)

Troubleshooting

If candidates or their designates are experiencing technical difficulties they can call the Candidate Information Line at 416-395-0025 during regular business hours (8:30 a.m. to 4:30 p.m.).

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Canvassing


Section 48 of the Municipal Elections Act, 1996, as amended


Prohibition of canvassing in the voting place

The Clerk determines what locations will be used as voting places. The Clerk does not permit electioneering of any nature in or on these premises, which includes the entire building and the property on which it is located.

The Municipal Elections Act, 1996 provides that while an elector is in a voting place, no one shall attempt, directly or indirectly, to influence how the elector votes and that no one shall display a candidate's campaign material or literature in a voting place.


Toronto Transit Commission (T.T.C.) premises

Excerpt from the T.T.C. By-Law No. 1, subsection 3.16:

'No person shall

  1. display, offer, distribute or place handbills, signs, notices or any form of written or printed matter on or in TTC property without authorization.

  2. sell, or attempt to sell any merchandise, article or other things or solicit members of the public for any purpose on TTC property without authorization.'


Access to rented premises

Excerpt from the Residential Tenancies Act, 2006, section 28:

'No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material.'

If candidates are experiencing difficulty in gaining access to these premises, they should contact the landlord of the building.


Access to condominiums

Excerpt from the Condominium Act, 1998, section 118:

'No corporation or employee or agent of a corporation shall restrict reasonable access to the property by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly or an office in a municipal government or school board if access is necessary for the purpose of canvassing or distributing election material.'

If candidates are experiencing difficulty in gaining access to these premises, they should contact the board of directors of the condominium.


Access to co-operative housing units

Excerpt from the Co-operative Corporations Act, 1990, section 171.24:

'No non-profit housing co-operative or servant or agent of such a co-operative shall restrict reasonable access to the housing units of the co- operative by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly, any office in a municipal government or a school board for the purpose of canvassing or distributing election material.'

If candidates are experiencing difficulty in gaining access to these premises, they should contact the housing co-operative representative.


Use of City symbols and logo

Candidates are prohibited from using the City of Toronto's logo, graphics or any other item of City intellectual property for any campaign-related purposes or materials including, but not limited to, signs, printed and electronic publications, flyers, brochures, e-mail, website, business cards, postcards, letterheads, leaflets, posters, fridge magnets and promotional items.


Use of corporate resources

The City of Toronto's policy regarding use of corporate resources during an election year states:

'Corporate resources and funding may not be used for any election-related purposes, with the exception that community groups be extended access to City facilities for the explicit purpose of conducting all-candidate meetings, including all-candidates meetings for municipal, provincial and federal elections, at a nominal fee of $1.00, and all registered candidates within each specific category must be invited to attend such meetings.'

This policy does not apply to library facilities. Contact the Toronto Public Library directly for booking prices and availability.


National do not call list

The Canadian Radio-television and Telecommunications Commission (CRTC) has established a National Do Not Call List (DNCL). The following is an excerpt of the Telecom Regulatory Policy CRTC 2009-200:

'In addition to the exemption set out in section 3(d), the National DNCL Rules do not apply to telemarketing telecommunication made by or on behalf of a candidate as defined in subsection 2(1) of the Canada Elections Act or a candidate under provincial law for the purposes of a provincial or municipal election, or by or on behalf of the official campaign of such a candidate.'


Media advertising

The Municipal Elections Act, 1996 does not contain restrictions on when a candidate may or may not advertise. However, a candidate must have filed their nomination paper before spending any money and the amount they may spend on their campaign is regulated.

The CRTC has guidelines that broadcasters must follow to ensure all candidates have equal access to coverage.

Free political advertising by a broadcaster must be within the regulations and guidelines of the Broadcasting Act (Canada) and made available to all candidates. This advertising is not deemed to be a contribution.

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Financial responsibilities


Sections 66 to 79.1 of the Municipal Elections Act, 1996, as amended


Duties of a candidate

Candidates are responsible for:

  • Opening a separate account in the name of their election campaign and ensuring the account is used only for campaign purposes
  • Accepting all contributions in accordance with the Municipal Elections Act, 1996 and City of Toronto by-laws
  • Refunding any contributions not in accordance with the Municipal Elections Act, 1996, such as, contributions received
    • outside the campaign period,
    • from ineligible sources,
    • over the allowable limit, etc.
  • Refusing or returning contributions from corporations or trade unions for mayor or councillor candidates
  • Depositing all contributions intact into the campaign account
  • Valuing and recording contributions of goods and services
  • Issuing receipts for all contributions accepted
  • Paying all expenses, except the nomination fee, from the campaign account
  • Obtaining receipts for all expenses
  • Giving proper direction to any person who is authorized to incur campaign expenses and accept contributions
  • Returning any improper contributions to the contributor, or if not possible, to the Clerk
  • Paying all anonymous contributions to the Clerk (excluding any donations of $10 or less from a fund-raising event)
  • Filing a financial statement with the Clerk by the deadline
  • Keeping records of:
    • The receipt issued for every contribution
    • The value of every contribution
    • Whether a contribution is money or good or services
    • The contributor's name and full address
    • All expenses
    • Any claim for payment of an expense that the candidate disputes or refuses to pay
    • Funds raised and expenses incurred at each fund-raising event
    • Money received at a fund-raising event by donations of $10 or less
    • Any campaign account loan

Helpful hints

A candidate:

  • Must not use their personal account for their campaign. The Municipal Elections Act, 1996 states that candidates must open a separate bank account for all campaign activity. When visiting the bank, candidates should take a copy of the Nomination Paper and the Notice to Banks.
  • Must not advance any money into their campaign account with the intention of getting it back from future fund-raising. Instead, obtain a line of credit or loan from their bank which must be deposited directly into the campaign account. Candidates may only refund their own contribution if they have a surplus at the end of their campaign.
  • Must issue receipts for all contributions, including contributions made by the candidate or their spouse.
  • Must deposit all contributions intact into their campaign account. Contributions that have not been deposited cannot be used to pay off debts or pay for purchases.
  • Must ensure that contributions over $25 be made by cheque, credit card or money order. Candidates are not permitted to accept cash over $25.
  • Must pay all expenses from their campaign account with the exception of the nomination fee. Candidates should not use their own funds as this may be deemed a contribution by the candidate to his or her campaign.
  • Should consider establishing a petty cash fund for small purchases. Ensure the money is taken from their campaign account and receipts are kept for each of these small purchases.
  • Must keep proper records of all contributions and expenses. These records must be kept until December 1, 2014.
  • Should start looking for a licensed auditor early as not all auditors handle election-related activities. A candidate will need the services of a licensed auditor if they are participating in the contribution rebate program or will be raising or spending more than $10,000.
  • Should file their financial statement on or before the deadline date. Any surplus must be paid over to the Clerk at the time the financial statement is filed.
  • Should ensure that before they close their campaign account that:
    • All the bills have been paid
    • All the cheques have cleared the bank
    • All bank charges have been paid
    • Obtain a certified cheque, bank draft or money order, made payable to 'Treasurer, City of Toronto' for the full amount of the surplus, if any.

Campaign period

The campaign period begins the day the candidate files a nomination paper and ends on December 31, 2010. Candidates cannot raise or spend any money until they file the nomination paper. If they withdraw the nomination or the Clerk rejects the nomination, the campaign period ends on the day of the withdrawal or rejection. If the candidate has a deficit as of December 31, 2010 he or she may extend their campaign to erase the deficit. (See Financial reporting - Extension of filing date.


Campaign staff

Candidates may recruit staff to work on their campaign and assign them duties. While a candidate may designate staff to perform certain duties, the ultimate responsibility for compliance with the Municipal Elections Act, 1996 and any City by-laws rests with the candidate.


Record keeping and accounting

For audit purposes the candidate must keep:

  • All deposit slips
  • Records of all contributions of goods or services and their market value
  • A listing of names and full address of all contributors and the amount of the contribution and type (i.e. individual)
  • Records of any contributions that are returned to the contributor or paid over to the Clerk (in the case of anonymous contributions)
  • Cancelled cheques and bank statements
  • Cheque stubs
  • Invoices, petty cash slips and other vouchers showing all payments made and good or services contributions that have been accepted

A candidate must record:

  • Accounts payable - expenses incurred but not paid
  • Accounts receivable - amounts owing to the campaign at the end of the campaign period
  • Income on deposits which has been earned but not yet received
  • Expenses incurred by virtue of contributed goods or services
  • Contributions received prior to the end of the campaign period but not deposited until after the end of the period

Candidates should use an accounting system that meets the requirements of the Municipal Elections Act, 1996 and suits their needs. For example,

  • Bank deposit slips may be used as a record of contributions
  • Thank you letters to contributors may be used as a record of their names and addresses
  • Cheque stubs as record of payment of expenses

Candidates should contact their auditor to discuss the best accounting system to use. This may help reduce costs when the auditor reviews the financial statement.

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Contributions & fund-raising


Sections 66, 68 to 75 and 82 of the Municipal Elections Act, 1996, as amended.
City of Toronto by-law no.1177-2009.

Candidates running for mayor or councillor may not accept donations from corporations or trade unions. City of Toronto By-law 1177-2009 prohibits a corporation carrying on business in Ontario or a trade union holding bargaining rights for employees in Ontario from making a contribution to or for any candidate for an office on Toronto City Council. The by-law makes these contributions an offence. The maximum penalty, on conviction, is a $50,000.00 fine for the corporation or trade union.

Candidates running for school board trustee are not subject to the City of Toronto By-law 1177-2009 and may accept contributions from corporations or trade unions.

Contributions cannot be accepted until a nomination paper has been filed with the Clerk. Any contributions accepted outside the campaign period must be returned to the contributor, or if this is not possible, the amount must be turned over to the Clerk.

The value of all contributions must be reflected on the financial statement that is filed with the Clerk. In addition, a candidate must list on the financial statement the names and full addresses of those contributors donating more than $100.

Candidates should inform their contributors that anyone giving contributions totalling over $100 will have their name and address as shown on the financial statement posted on the City's website.


Campaign contributions

Money, goods or services given to candidates for their campaign are considered contributions. Candidates running for mayor or councillor cannot accept any contributions from corporations or trade unions.

Contributions include:

  • The ticket price for a fund-raising function
  • The difference of the amount paid and the current market value of a good or service sold at a fund-raising function
  • The difference between the amount paid and the current market value of a good or service purchased for the campaign
  • Any unpaid but guaranteed balance of a campaign loan

The following are not contributions:

  • Voluntary unpaid labour
  • Services provided voluntarily by employees provided they do not receive any additional compensation from their employer
  • $10 or less that is donated at a fund-raising event (i.e., pass-the-hat)
  • Free political advertising
  • The amount of a campaign loan obtained by the candidate or his or her spouse

Contribution limit

The maximum amount a contributor can give to a candidate (either in money, goods or services) is:

  • $2,500 for mayoralty candidates
  • $750 for councillor or school trustee candidates
  • A contributor cannot contribute more than $5,000 to all candidates within a single council or school board

A contributor can make a large single contribution or multiple contributions. Candidates must record the name and address of each contribution to ensure that they do not accept more than the allowable limit.

EFFS allows candidates to enter the contributor information once. When adding the contribution details, EFFS will calculate how much the contributor has already contributed and the remaining allowable amount. If the amount entered is larger than the maximum limit, the system will give a message that the contribution exceeds the limit. It is recommended candidates review the EFFS online tutorial to learn how to link multiple contributions to one contributor.


Contributions to multiple candidates

A contributor cannot contribute more than $5,000 to all candidates within a single council or school board jurisdiction.


Accepting campaign contributions

Only candidates and the person(s) authorized by the candidate may accept campaign contributions. Contributions of money up to $25 may be accepted in cash. Any contributions over $25 must be made by cheque, money order or credit card.


Receipts for contributions

Candidates must issue a receipt for every contribution they receive, whether it is money, goods or services.

Only one contributor can be listed on a receipt. If a cheque is from a joint personal bank account the receipt must have the name of the person who signed the cheque. If both contributors signed the cheque, the candidate must determine how much each person contributed and issue a separate receipt to each person.

If a candidate is not participating in EFFS or the contribution rebate program, he or she may use any type of receipt as long as it shows the name and address of the contributor and the amount contributed. These receipts should be numbered and have duplicate copies so both the candidate and the contributor receive a copy.

If a candidate is participating in the contribution rebate program, the candidate must determine, before issuing any receipts, whether he or she wishes to use the electronic (EFFS) or paper method.

EFFS will automatically generate the proper type of receipt. For example:

  • A money contribution from an individual is eligible for a rebate (if the candidate is participating in the rebate program). EFFS will generate the rebate form that is to be sent to the contributor.
  • A contribution of a goods or service is not eligible for a rebate; therefore EFFS will generate a receipt that does not incorporate the rebate form.

Candidates or their agents can pick up paper copies of receipts at:

  • Toronto City Hall, 1st floor, North, or
  • Toronto Elections Office, 89 Northline Road

Candidates or their agents will be required to sign for the receipts and will be responsible for accounting for all receipts.

Candidates who have their agents pick up their rebate forms must ensure they have completed the Agent Appointment form.

If it is necessary to issue a replacement receipt, the candidate must cross-reference the two receipts. If the candidate is using the paper method for contribution rebates, both the voided and replacement receipt must be attached to the financial statement. If the candidate is using EFFS, all the contribution information will be received electronically.

If a contribution is received on the last day of the campaign period and it cannot be deposited, the candidate must record in their record an outstanding bank deposit and a receipt issued as of that day. Each outstanding deposit should be deposited the next banking day.


Acceptable contributions

The City of Toronto by-law prohibits corporations or trade unions from making a contribution to or for any candidate for an office on Toronto City Council. The by-law makes these contributions an offence and the maximum penalty is a $50,000.00 fine for the corporation or trade union, if convicted.

A contribution may only be made from the contributor's own funds. If a cheque is from a joint personal bank account the receipt must have the name of the person signing the cheque. If both people sign the cheque, the candidate must determine how much each person contributed and issue a separate receipt to each person.

Mayoralty or councillor candidates can accept contributions from:

  • Individuals living in Ontario
  • The candidate or their spouse
  • Sole proprietorship (business owned by an individual)*
  • Unincorporated groups

School board trustee candidates can accept contributions from:

  • Individuals living in Ontario
  • The candidate or their spouse
  • Sole proprietorship (business owned by an individual)*
  • Unincorporated groups
  • Corporations carrying on business in Ontario
  • Trade unions holding bargaining rights for employees in Ontario

* If a sole proprietorship makes a contribution to a candidate, the candidate must issue a receipt in the owner's name, not the name of the business.


Unincorporated groups

If an unincorporated group makes a campaign contribution, the candidate must request a list of the names and addresses of the individual contributors who shared in the contribution and the amount contributed by each individual.

The receipts must be issued to the individual contributors, not the unincorporated group. The individual's portion of the group's contribution counts towards that individual's campaign contribution limit of $2,500 (mayoralty candidates) or $750 (councillor and school board trustee candidates) and the $5,000 maximum.


Corporations (school board trustee candidates only)

To be eligible to make a contribution, a corporation must carry on business in Ontario. Prior to accepting a corporate donation, a school board trustee candidate must satisfy themselves that the corporation does carry on business in Ontario.

Corporations that are associated with one another, as defined by section 256 of the Income Tax Act (Canada), are considered to be a single corporation for the purpose of campaign contributions. Many corporations carry on business through subsidiaries and affiliated companies. Such corporations are deemed to be a single corporation and may only make a maximum contribution of $750 to any one trustee candidate.


Candidate's own funds

A person who wishes to run for office must not contribute to their own campaign until they are a nominated candidate. There is no limit on the amount the candidate or his or her spouse can contribute to the campaign, but it must be reported as a contribution and a receipt must be issued.


Contributions of goods and services

All contributions of goods or services are subject to the contribution limit of $2,500 (mayoralty candidates) and $750 (councillor and school board trustee candidates) and the $5,000 contributor maximum.

Services donated by people acting on a volunteer basis are not considered contributions. If an employer makes employees available (who have volunteered their time) to work on a campaign and does not pay them extra for this work, this does not count as a contribution. However, if the employer pays them in addition to their regular wage, the amount of the extra wage is a contribution and is subject to the contribution limit.

Free political advertising provided by a broadcaster is not deemed to be a contribution, provided it is done in accordance with the provisions, regulations and guidelines of the Broadcasting Act (Canada) and is available equally to all candidates.

All other donations of goods or services are contributions and should be supported by an invoice from the contributor. The contribution must be valued at current market value and a receipt issued for that value. This includes materials a candidate may bring into the campaign from a previous campaign, such as brochures, signs and stakes.

If part of the cost of the purchase of a good or service is considered by the supplier to be a contribution, the supplier should provide an invoice for the total amount and indicate the amount they are donating as a contribution.

If a supplier charges the candidate less than current market value for the purchase of a good or service, the difference between the amount charged and the current market value is considered a contribution. For example, if a candidate is billed $150 for printing brochures, but the lowest market price available to other customers is $275, then the difference of $125 is a contribution from the printer to the candidate, and a receipt must be issued for the $125.

If a supplier of goods or services is not paid or has agreed not to accept payment, the value of the good or service is a contribution and a receipt must be issued. All suppliers should be paid promptly within the normal credit terms provided by the supplier.

It should be noted that candidates running for mayor or councillor cannot accept contributions from a corporation or trade union.


Anonymous contributions

An anonymous contribution cannot be accepted and must be turned over to the Clerk. The only exception to this rule is anonymous contributions received at a fund-raising event, for example, 'pass the hat'. Each of these contributions must be $10 or less and the total amount collected must be reported on the financial statement.


Ineligible contributors

The following may not make contributions:

  • A federal political party, constituency association or a registered candidate at a federal election
  • A provincial political party, constituency association or a registered candidate or leadership contestant
  • The Crown in right of Canada or Ontario, a municipality or local board
  • Charitable organizations or corporations that have been established for charitable purposes and public corporations such as public hospitals, crown agencies, boards or commissions, which are, in general, prohibited by statute or common law from making political donations
  • Corporations or trade unions to candidates running for mayor or councillor

Refund of contributions

The candidate is required to refund contributions when they are:

  • Received outside the campaign period
  • From an anonymous contributor (except 'pass the hat' contributions)
  • From ineligible sources (see above)
  • Over the allowable contribution limit ($2,500 for mayoralty candidates and $750 for councillor and school board trustee candidates)
  • Over the $5,000 maximum contribution limit
  • Cash contributions over $25
  • Funds not belonging to the contributor
  • Received from a corporation or trade union (candidates running for mayor or councillor only)

If the candidate has issued an official receipt to the contributor, he or she should not refund the contribution until the contributor's copy of the receipt has been recovered. If the candidate is participating in the contribution rebate program and cannot recover the contributor's copy of the receipt, they must attach a letter to the financial statement providing information regarding the contribution that has been refunded and the 'voided' copy of the receipt. Candidates must also reflect the refund in their records and on the financial statement.


Fund-raising events

Fund-raising events are held for the purpose of raising money for a candidate. Such events include dinners, dances, garden parties, etc. for which there is an admission charge, as well as events for which there is no admission charge such as auctions, etc.

  • The price of the ticket to a fund-raising event is a campaign contribution and a receipt must be issued for the full amount. For example, if a ticket cost $50, a receipt for $50 must be issued and a contribution of $50 must be recorded, regardless of the cost of organizing and holding the event.
  • If the price of the event exceeds $100, the name and address of each contributor must be recorded on the financial statement.
  • If the ticket price is over $25, the amount must be paid by cheque, money order or credit card.

Events, activities or promotional materials that promote public awareness are not deemed a fund-raising event, even though the candidate may receive contributions from them.


Borrowing and lending

A candidate may not loan money to their campaign with the intention of getting it back through future contributions or fund-raising events. A candidate or their spouse may borrow money for campaign purposes only from a chartered bank or other recognized lending institution. Only the candidate and their spouse may guarantee a loan for campaign purposes. Any unpaid guaranteed balance of a loan is considered to be a contribution.

The full amount of the loan must be paid directly into the campaign account.

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Campaign expenses


Sections 67 to 69, 71, 73 to 76 of the Municipal Elections Act, 1996, as amended; and Ontario Regulation 101/97, a regulation to the Municipal Elections Act, 1996


General information
  • A person cannot incur any expenses until they become a candidate and only during the campaign period
  • Payment of campaign expenses, except the nomination filing fee, must be made from the candidate's campaign account
  • All expenses, including the nomination filing fee, must be reported on the financial statement
  • Only the candidate and persons authorized by the candidate, preferably in writing, can incur expenses

Definition of a campaign expense

Any expense incurred in whole or in part for goods or services for a candidate's campaign is considered a campaign expense. It includes the current market value of any goods held in opening inventory (such as signs and brochures) and any contribution of goods or services during the campaign period. Where contributions of goods or services are received, an expense in the equivalent value is considered to be incurred.


Campaign inventory

Campaign expenses include the value of any goods held in inventory for use during a campaign period, such as stakes, usable literature, signs and other campaign materials.

All materials from a previous campaign that are brought into the current campaign must be included in the opening inventory. In valuing campaign materials, the candidate should use the current market value. Proper documentation should be prepared to substantiate any opening inventory value.

The inventory of reusable campaign materials remaining on hand at the end of a campaign must be valued and reported as closing inventory on the financial statement. The value of any inventory is not to be deducted from the campaign expenses but is listed as an asset on the financial statement.


Campaign expense limits

There are limits on the amount a candidate may spend during the period starting the day a nomination paper is filed and ending on voting day. The limit on campaign expenses is based on a formula related to the number of electors entitled to vote for the office.

Mayoralty candidates $7,500 + 85 cents per elector
Councillor candidates $5,000 + 85 cents per elector
School board trustee candidates $5,000 + 85 cents per elector

Once a person files their nomination paper, they will be given a Preliminary Certificate of Maximum Campaign Expense Limit based on the voters' list from the 2006 municipal election.

By September 20, 2010, the Clerk is required to provide each candidate the Final Certificate of Maximum Campaign Expense Limit. The final amount is calculated in the same way as the preliminary amount, except the Clerk will use the greatest number of eligible electors, as of Nomination Day, from either the 2006 or 2010 election and will provide each candidate with the higher maximum campaign expense limit.

The Preliminary maximum campaign expense limits for the 2010 municipal election.


Expenses not included in the campaign expense limits

The following is a list of expenses that are not included in the maximum campaign expense limit.

  • Audit and accounting fees
  • Cost of holding a fund-raising function
  • Cost of holding parties and other expressions of appreciation after the close of voting
  • Expenses relating to a recount
  • Expenses relating to controverted elections
  • Expenses relating to a compliance audit
  • Expenses incurred by a candidate with a disability and only if the expense is directly related to the disability and incurred as a result of being a candidate in the election

The nomination filing fee and interests on loans are no longer excluded from the maximum campaign expense limit.

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Contribution Rebate Program (Council candidates only)


Section 82 of the Municipal Elections Act, 1996, as amended, City of Toronto by-law #1257-2009


General information

The City of Toronto Council passed a by-law allowing candidates running for mayor or councillor to participate in the contribution rebate program.

  • Candidates who are participating in the Contribution Rebate Program must file an audited financial statement
  • It is highly recommended that candidates register to use EFFS if they are participating in the contribution rebate program
  • Candidates must determine whether they will be using EFFS prior to issuing any receipts
  • Corporations and trade unions are prohibited from making contributions
  • Contributions less than $25 are not eligible for a rebate but receipts must still be issued
  • Contributions of goods or services are not eligible for a rebate. Candidates cannot use the rebate receipts provided by the City for these contributions. EFFS will create the proper type of receipt
  • A contribution of inventory from a prior election is not eligible for a rebate
  • Candidates or their spouse cannot receive a rebate until after the campaign is closed
  • The deadline for contributors to submit their rebate form is January 3, 2012. It is recommended that candidates advise their contributors to send in their rebate forms as soon as they receive them

Rebate calculation

The maximum amount a contributor can receive is $1,000 for all contributions that have been made to all candidates.

The rebate is calculated as follows:

Less than $25 not eligible for a rebate
$25 to $300 75% of total contributions
$301 to $1,000 $225 plus 50% of the difference between the total contributions and $300
Over $1,000 the lesser of:
  1. $575 plus 33 1/3% of the difference between the total contribution and $1,000; and
  2. $1,000

For example, John Smith contributed $100 each to five different candidates for a contribution total of $500. The rebate is calculated on the $500; therefore, John will receive a rebate of $325.

Sample calculation: Total contribution amount is $500

500 - 300 = 200 divided by 50% = 100 + 225 = $325

Total contributions to all candidates Amount of the rebate
Less than $25 0.00
25.00 18.75
50.00 37.50
100.00 75.00
500.00 325.00
750.00 450.00
1,000.00 575.00
1,500.00 741.67
2,000.00 908.33
2,250.00 991.67
2,275.00 and over 1,000.00

How a contributor receives a rebate

In order for contributors to receive a rebate, candidates must:

  • Use the Contribution Receipt and Rebate Request forms issued by the City of Toronto
  • File an audited financial statement by the filing deadline
  • Attach copies of all campaign expense invoices (do not send originals)
  • Attach all the receipts issued (note: if candidates are using EFFS, these are submitted electronically)
  • Not exceed the maximum campaign expense limit for the office
  • Pay any surplus to the Clerk by the filing date

The contributor must:

  • Complete and sign section 2 of the rebate form
  • Submit the form on or before January 3, 2012

Candidates should encourage their contributors to mail in their rebate form as soon as they receive it. Contributors who send in their rebate form by August 19, 2011 will receive their rebate in September 2011.

Rebates are not paid if the candidate does not comply with the above noted requirements or the contributor does not apply for the rebate.


Receipts

Candidates participating in the contribution rebate program have one of two receipt options.

  1. Paper — receipts can be picked up at Toronto City Hall or the Toronto Elections Office at 89 Northline Road. Candidates must use another method of issuing receipts for those contributions not eligible for a rebate.
  2. Electronic — candidates can register to use EFFS. The system will automatically generate rebate and non-rebate receipts.

Candidates must determine whether they will use the paper or electronic process before issuing receipts.


How to complete the rebate form

Click on image for larger version - sample of the rebate formThe following are step-by-step instructions on completing the Contribution Rebate Request form.

Rebate form sample
Click on image for larger version

Receipt number: Pre-printed or automatically generated
Date issued: Date the contribution was accepted
Amount accepted: Amount of contribution

There is a limit on the contribution amount that a candidate can receive from each contributor. A candidate must refund any contributions over this amount:

  • $2,500 for mayoralty candidates
  • $750 for councillor candidates
  • A contributor cannot contribute more than $5,000 to all candidates within a single council or school board jurisdiction

While contributions of less than $25 are not eligible for a rebate, a receipt must still be issued. A contributor may give $20 to two candidates and would then be eligible for a rebate on a total contribution amount of $40.

Any forms not completed correctly will be returned to the candidate.

Name of contributor: Provide the first and last name of the contributor.

Only one contributor can be listed on the form. Forms that do not have the complete name will be returned to the candidate for completion.

If a cheque is from a joint personal bank account the receipt must have the name of the person who signed the cheque. If both contributors signed the cheque, the candidate must determine how much each person contributed and issue a separate receipt to each person.

Unincorporated groups: (i.e. accounting firms, etc.)
The candidate must request a listing of the individual(s) in the group that participated in the contribution and how much each contributed. A separate receipt is to be made out to each individual from the group who made the contribution, not to the name of the unincorporated group.

Sole Proprietorship: (business owned by an individual)
The receipt is to be made out in the owner's name, not the name of the business.

Name and signature
of candidate:		 Clearly print the candidate's name and either the candidate or their representative must sign the receipt.

Note: Candidates who are using EFFS can scan their signature and import it onto the receipt.


How to void a receipt

Manual process:
If a rebate form needs to be voided, the following steps apply:

If the candidate has all three (3) parts form:

  • Void the receipt
  • Attach the white and pink voided receipts to the financial statement
  • For record keeping purposes, keep the yellow copy

If the candidate has sent out the original (white) copy to the contributor:

  • Void the pink and yellow copies
  • Write a replacement receipt
  • Ensure all the information on the new receipt is exactly the same as the voided receipt
  • Cross reference the voided receipt number of the new receipt
    • i.e., receipt 12345 was voided, write 'replacing receipt #12345' on the new receipt
  • Attach the voided pink receipt to the financial statement

Electronic process:
The EFFS online tutorial will guide candidates through this process.

Under the Contribution menu:

  • Click on 'search contributions' Search contributions example
  • Type in the contributors name and click 'search'

  • Click in the box to the left of the receipt number Receipt number example
  • Click 'VOID' Void button example
  • A message will appear confirming the receipt is to be voided

  • Click 'OK'

The EFFS online tutorial will guide candidates through this process.

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Election signs


City of Toronto Municipal Code, Chapter 693-5 to 693-15, Article II

There are certain rules under the City of Toronto's Municipal Code regarding election signs that candidates must observe for the 2010 municipal election.

  • Signs may not be illuminated or attached to trees and are prohibited on all City property (including parks, community and civic centres, etc.) except certain portions of the public highway.
  • No notice is required to be given by the City prior to the removal of an unlawful election sign.
  • No person shall deface or wilfully cause damage to a lawfully erected election sign.
  • No person shall display the City's logo, in whole or in part, on an election sign.

This summary is provided for convenience only. Candidates should review Chapter 693 (PDF) of the City of Toronto Municipal Code in its entirety.

These rules are under the jurisdiction of and are enforced by Municipal Licensing and Standards. If a candidate has any questions or concerns regarding elections signs, or wishes to report an infraction, contact Municipal Licensing and Standards at 416-395-7010.


Deposit

Candidates who wish to place signs on public property must pay a $250 sign deposit by cash, certified cheque or money order. No deposit is required to place signs on private property.


Timing

Campaign office signs may be erected starting Tuesday, July 27, 2010. Councillor or school trustee candidates may only have signs on one campaign office in the ward where they are running. Mayoralty candidates may have signs on a total of four campaign offices within the City.

Election signs may not be put up until Monday, October 4, 2010 and must be removed within three days of voting day (October 28, 2010).

Municipal Licensing and Standards will send candidates a letter after Election Day, letting them know where they can recycle their election signs. This notice will also be posted on the City's website under 'Election signs'.


Size

With the exception of billboards and campaign office signs, election signs may not exceed 1.2 square metres (12.92 square feet) in total sign face area and cannot be higher than 2 metres above ground level.


Definition of 'highway'

The definition of 'highway' is the roadway which includes any sidewalk, public boulevard, bridge, trestle, viaduct or other structure forming part of or located on the roadway and includes a portion of the roadway.


Public property

Public property, as defined by the City of Toronto Municipal Code, means property owned by or under the control of the City of Toronto including highways, public utility poles, bus shelters, municipal garbage containers or other structures.

Election signs are not permitted anywhere on public property except on public highways subject to the following conditions:

  • Signs cannot be placed on highways upon which pedestrians are prohibited
  • Signs cannot be placed between the curb and the sidewalk
  • If there is no sidewalk, signs cannot be placed within 1.5 metres of the curb or edge of the pavement
  • Signs cannot be placed within 15 metres of an intersection or pedestrian crossover or be located on a median or island
  • Signs cannot interfere with the safe operation of vehicular traffic or with the safety of pedestrians
  • Signs cannot be located adjacent to a voting place or any City owned or operated property, and
  • The consent of the owner or occupant of the abutting property must be obtained

Private property

Election signs may be put up on private property subject to the following conditions:

  • Signs do not interfere with the safe operation of vehicular traffic or with the safety of pedestrians
  • Signs are put up with the consent of the owner or occupant of the property, and
  • Signs may be higher than 2 metres above ground level provided the signs are displayed indoors

Penalties

A fee of $25 will be deducted from the deposit for every illegal sign removed by City staff from public property.

If a candidate has not paid the deposit and places signs on public property, they will be invoiced the cost of removing all illegal signs.

Amounts owing may be recovered by legal action or added to the candidate's municipal taxes.

Any person who contravenes the City of Toronto Municipal Code, Chapter 693, Article II is guilty of an offence and, on conviction, is liable to a fine or penalty (see Set Fines for Elections Signs).

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