The Municipal Election Compliance Audit Committee reviews the finances of a municipal campaign to ensure they follow the rules of the Municipal Election Act.
Contact 519-747-8798 to reach the staff person responsible for this committee.
Terms of reference
Name of committee
The participating municipalities have agreed to create a joint municipal election compliance audit committee named the “Municipal Election Compliance Audit Committee” (MECAC).
Definitions
- Act means the Municipal Elections Act, 1996, as amended.
- Clerk means the Clerk of the municipality or designate.
- Host Municipality means the municipality where the application for a compliance audit is received. A Host Municipality can only receive applications for candidates or third parties registered in its municipality.
- Participating Municipalities means the municipalities who have agreed to participate in a joint MECAC and includes:
- City of Cambridge
- City of Guelph
- City of Kitchener
- City of Waterloo
- Township of North Dumfries
- Township of Wellesley
- Township of Wilmot
- Township of Woolwich
- Region of Waterloo
Duration
The term of office for the committee is from November 15, 2022 to November 14, 2026 to deal with applications from the 2022 election and any by-elections during Council’s term.
The establishment of this committee and its terms of reference will be reviewed prior to the start of the next term of Council.
Mandate
MECAC will operate within the provisions of the Act.
MECAC will consider an application from an elector under Sections 88.33 or 88.35 of the Act for a compliance audit of a candidate’s or registered third party’s election campaign finances to determine if the application should be granted or rejected. If granted, MECAC will appoint an auditor, receive and consider the auditor’s report, and decide whether legal proceedings should commence or if there were reasonable grounds for the application.
MECAC will also receive the Clerk’s report identifying apparent contribution contraventions, prepared under Section 88.34 of the Act. Within 30 days after receiving a Clerk’s report, MECAC shall consider it and decide whether to commence a legal proceeding against a contributor for an apparent contravention.
Advertising, selection and eligibility of members for the MECAC pool
The terms of reference and application form will be posted, at minimum, on the municipal websites of the member municipalities to solicit membership for the MECAC pool. Staff may also contact individuals with the qualifications listed in Section 6 of these terms of reference. Previous MECAC members and direct contacts of municipal staff may also be contacted.
All applicants must complete an application outlining qualifications and experience. The Clerks of the participating municipalities will review applications. A pool of up to ten (10) members for MECAC will be developed and approved by a majority vote of the Clerks.
MECAC pool eligibility
Members will be selected based on:
- demonstrated knowledge and understanding of municipal election financing rules
- proven analytical and decision-making skills
- experience working on a committee, task force or similar setting
- availability and willingness to attend meetings during the day or evening
- excellent oral and written communication skills
- expertise in accounting and audit; or academic expertise in political science or local government; or legal expertise; and knowledge of the campaign finance rules in the Act
Members will not include:
- members of any municipal Council represented
- employees or officers of the municipalities represented
- 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
Committee selection
When an application is made to MECAC, the Clerk of the Host Municipality determines the composition and membership of the committee. The committee shall have not fewer than three (3) and not more than seven (7) members from the MECAC pool.
The Clerk of the Host Municipality will contact pool members to form the committee to hear the application. The order of contact is at the Clerk’s discretion.
The Chair of MECAC will be selected by resolution at the start of the first meeting of each MECAC application by the members present.
Committee meetings
Meetings of the committee are open to the public and may be held in person or electronically at the Host Municipality Clerk’s discretion.
Closed meetings of committees
MECAC may deliberate in closed session as needed and will follow the procedures of the Host Municipality.
Timing of meetings
Meetings shall be called by the Clerk of the Host Municipality as required under the Municipal Elections Act. The periods for receiving applications and holding meetings are as established by the Act.
The Clerk of the Host Municipality determines the meeting location and schedule and communicates details directly to committee members. Subsequent meetings are at the call of the Chair in consultation with the Clerk.
Meeting notices, agenda and minutes
The agenda constitutes notice. At least two (2) business days before each meeting, excluding weekends and holidays, agendas and minutes will be posted on the member municipality’s website.
Minutes of each meeting shall outline the general deliberations and specific actions and recommendations that result.
The Clerk of the Host Municipality is responsible for administrative duties associated with MECAC, but may contact the Clerk of any participating municipality for assistance if required.
Meeting procedures
- Quorum is a majority of the members of MECAC.
- Decisions are by consensus or majority vote, usually by show of hands. The Chair is entitled to vote.
- Meetings are governed by the Host Municipality’s Procedural Bylaw and Robert’s Rules of Order as required.
Meeting remuneration and expenses
Members are paid $200 per meeting plus the applicable mileage rate from the Host Municipality. Expenses are paid by the Host Municipality.
Removal of members
The current MECAC may recommend to the Clerk of the Host Municipality the removal of a member for reasons including, but not limited to:
- contravention of the Municipal Act, 2001, the Municipal Freedom of Information and Protection of Privacy Act, the Provincial Offences Act, the Municipal Elections Act, 2001 or the Municipal Elections Compliance Audit Committee Conflict of Interest Policy
- contravention of the Host Municipality’s Code of Conduct and/or Procedural Bylaw
- other legal issues
- inability to attend three meetings in a row
- becoming unable to fulfill the duties of the MECAC pool
The Clerk of the Host Municipality may select another person from the MECAC pool if necessary.
Errors and omissions
The accidental omission to give notice of any meeting of MECAC to its members, or the non-receipt of any notice by any of the members, or any error in any notice that does not affect its substance, does not invalidate any resolution passed or any proceedings taken at the meeting. Any members of MECAC may waive notice of the meeting at any time.
Administrative practices and procedures
These Terms of Reference constitute the administrative practices and procedures of the committee. Any responsibilities not clearly identified within these Terms of Reference shall be in accordance with Sections 88.33 to 88.37 of the Municipal Elections Act, 1996.
The Clerk of the Host Municipality has the right to develop additional administrative practices and procedures at any time.
Conflict of interest policy
Policy application
This policy applies to the Municipal Elections Compliance Audit Committee (MECAC) for the municipalities of the Region of Waterloo, Cities of Cambridge, Guelph, Kitchener, Waterloo, and the Townships of North Dumfries, Wellesley, Wilmot and Woolwich.
Operating principles
Members of the MECAC have a duty to conduct themselves in an impartial and objective manner. It is recognized that appointees have a broad range of interests and, from time to time, actual or perceived conflicts of interest or conflicts of pecuniary interest (or the appearance of such conflicts) may arise. The purpose of this policy is to enable the MECAC to deal with such conflicts in as open and appropriate a way as possible.
Members of MECAC must perform their duties in a way that promotes public confidence and trust in the integrity, objectivity and impartiality of the committee. No member shall directly or indirectly receive any profit from their position, except for the honorarium and reasonable expenses set out in the Terms of Reference.
Definitions
- Affected Party – any individual, partnership, corporation, organization or other legal entity that has an interest in property, objects or other assets that are the subject matter of consideration by the committee.
- Business associate – an individual in a formal partnership or shared ownership of a company or enterprise with a member.
- Committee – the Municipal Elections Act Compliance Audit Committee (MECAC).
- Immediate family – a parent, child, spouse or common-law spouse of a member.
- Member – an individual formally appointed to MECAC in accordance with the Terms of Reference.
Conflicts
Conflicts of pecuniary interest arise when members may financially benefit, directly or indirectly, from their membership on the committee. Such involvements include, but are not limited to:
- members being the affected party or employed by or doing business with the affected party
- members’ immediate family being the affected party or employed by or doing business with the affected party
- members’ business associates being the affected party or employed by or doing business with the affected party
A conflict of interest may be an actual or perceived conflict of pecuniary interest. The same duty to disclose applies to each. The pecuniary interests of a member’s immediate family or business associate are considered to also be the pecuniary interests of the member. Full disclosure in itself does not remove a conflict of interest.
Principles and procedures
Members must be sensitive to appearance and perception and err on the side of transparency. In case of conflicts—whether personal or pecuniary, actual, potential or apparent—members must fully disclose the potential conflict.
Members shall disclose any potential conflicts to the Clerk of the Host Municipality prior to being appointed to the committee. If a potential conflict arises while serving, the member must disclose it as soon as it arises and before the committee makes any decision on the matter.
Once such a disclosure has been made, the member involved must abstain from voting and not participate in discussion on the matter. The affected member must not in any way, before, during or after the meeting, attempt to influence the outcome of any discussion or vote. If the meeting is not open to the public, the member must leave the meeting room for the duration of discussion and voting on the matter.
If one or more members abstain from voting due to conflict, their names must be recorded in the meeting minutes.
Members are encouraged to seek independent advice on conflicts or potential conflicts.
Quorum
If the number of members who, by reason of conflict, are unable to participate in a meeting reduces participation below quorum as set out in the Committee’s Terms of Reference, the remaining members constitute quorum provided at least two members are present.
Solicitation
No member may in any way, either overtly or otherwise, use their membership on the committee to solicit business for personal benefit or for the benefit of their immediate family or business associates.
