Election Compliance Audits

If you are an eligible elector who believes that a candidate for Mayor, Councillor, Rainbow District School Board Trustee, Sudbury Catholic District School Board Trustee or Registered Third Party has broken campaign finance rules you can apply for an election compliance audit. Compliance Audit applications will be reviewed by the Election Compliance Audit Committee.

What is the Election Compliance Audit Committee?

The role of the Election Compliance Audit Committee (ECAC) is to:

determine if the election campaign finance rules of the Municipal Elections Act, 1996 (‘the Act’) have been followed by candidates and third parties;
begin proceedings against them if they are found to have broken campaign finance rules, and
review reports submitted by the Clerk with respect to any campaign donor who appears to have contributed more than the allowable amount to a candidate or registered third party’s election campaign.

The ECAC only considers alleged violations of the Act pertaining to election campaign finances, and does not consider any other complaints of alleged candidate wrong-doing or contraventions of the Act.

The ECAC is completely independent from Council and is granted specific decision making powers under the Act. Decisions of the committee do not need to be approved by Council; however, they may be appealed to the Superior Court of Justice within 15 days after the Committee’s decision is made.

What can the Election Compliance Audit Committee do?

The powers and functions of the ECAC are detailed in section 88 of the Act, and include:

Consider compliance audit applications received from eligible electors who believe that a candidate for Mayor, Councillor, Rainbow District School Board Trustee, Sudbury Catholic District School Board Trustee or Registered Third Party has broken campaign finance rules, and decide if it should be granted or rejected;
If the application is granted, appoint an auditor licensed under the Public Accounting Act, 2004 to conduct a compliance audit of the candidate or third party’s election campaign finances;
Receive and consider the auditor’s report;
Receive and consider any reports by the City Clerk with respect to contributors who appear to have exceeded contribution limits;
Decide whether to commence a legal proceeding against a candidate, contributor, and/or registered third party for an apparent contravention.

Who can apply for a compliance audit?

To apply for a compliance audit, you must be an elector entitled to vote in a municipal and school board election and meet the following requirements:

Resides in the City of Greater Sudbury or is the owner or tenant of land there, or is the spouse of a owner or tenant;
Is a Canadian citizen;
Is at least 18 years old;
Is not prohibited from voting under 17(3) of the Municipal Elections Act or otherwise by law;

How do I apply for a compliance audit?

If you meet the eligibility requirements, you can apply for a campaign finance compliance audit of a candidate for Mayor, Councillor, Rainbow District School Board Trustee, Sudbury Catholic District School Board Trustee, or Registered Third Party.

Complete an Election Compliance Audit Application.
Pay the application fee of $35.00. If you do not pay this fee, your application will not be processed.

In your application, you must provide the reason(s) that you believe the candidate or registered third party has contravened the campaign finance rules of the Act. Your written submissions can be up to ten pages. Include any evidence or exhibit(s) that you would like the ECAC to consider.

When can I apply for a compliance audit?

Applications can only be made after the financial filing deadline of March 31, 2023 has passed.

Applications for a compliance audit must be made to the City Clerk within ninety (90) days after:

The financial statement filing deadline of March 31, 2023;
The date the candidate or registered third party filed a financial statement, if the statement was filed within 30 days after the applicable filing date;
The candidate’s or registered third party’s supplementary filing date, if any;
The date on which the candidate’s or registered third party’s extension, if any, expires.