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2022 Clerk's Report - Filing Requirements

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Clerk's Report under Section 88.23(4) of the Municipal Elections Act, 1996, as amended. 

Background

Section 88.23 of the Municipal Elections Act, 1996, as amended, (“the Act”) states:

Clerk’s Report re filing requirements, section 88.23

(4) The clerk shall make available to the public a report setting out all candidates in an election and indicating whether each candidate complied with section 88.25. 2016, c. 15, s. 60.

(5) The report mentioned in subsection (4) shall be made available on a website or in another electronic format as soon as possible after,

(a) April 30 in the year following a regular election;

Cessation of penalty

(9) The penalties set out in subsection (2) for a default described in clause (1) (a) do not take effect if, no later than 2 p.m. on the day that is 30 days after the applicable day for filing the document, the candidate files the relevant document as required under section 88.25 or 88.32 and pays the clerk a late filing fee of $500. 2006, c. 15, s. 60.

Section 88.25 provides in part:

Candidates’ financial statements, etc.

88.25 (1) On or before 2 p.m. on the filing date, a candidate shall file with the clerk with whom the nomination was filed a financial statement and auditor’s report, each in the prescribed form, reflecting the candidate’s election campaign finances,

(a) in the case of a regular election, as of December 31 in the year of the election; and

(b) in the case of a by-election, as of the 45th day after voting day. 2016, c. 15, s. 60.

Exception re auditor’s report

(8) No auditor’s report is required if the total contributions received and total expenses incurred in the election campaign up to the end of the relevant period are each equal to or less than $10,000. 2016, c. 15, s. 60.

Documents filed after filing date

(12) If the documents required to be filed under this section are not filed by 2 p.m. on the day that is 30 days after the applicable day for filing the documents, the clerk shall accept the documents only for the purpose of making the documents available under subsection 88 (9.1). 2016, c. 15, s. 60.

The penalties for non-compliance are provided under section 88.23(2) as follows:

Penalties

(2) Subject to subsection (7), in the case of a default described in subsection (1),

(a) the candidate forfeits any office to which he or she was elected and the office is deemed to be vacant; and

(b) until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies. 2016, c. 15, s. 60.

Analysis

One candidate in the 2022 City of Woodstock Municipal and School Board election did not file a candidate financial statement by the deadline as required in section 88.25 of the Act and is in default:

  1. Peter Croves

The following is the list of all candidates, indicating whether each candidate complied with section 88.25, as required by Section 88.23 (4) of the Act:

Candidate for the Office of Mayor
Candidate NameCompliance with Section 88.25
Jerry Acchione Compliant
Henry Biro Compliant
Trevor Birtch Compliant
Peter Croves Not Compliant
David Hilderley Compliant
Anthony Scalisi Compliant
Candidate for the Office of City-County Councillor
Candidate NameCompliance with Section 88.25
Paul Plant Compliant
Deb Tait Compliant
Sandra J. Talbot Compliant
Bernia Wheaton Compliant
Candidate for the Office of City Councillor
Candidate NameCompliance with Section 88.25
Dave Babcock Compliant
Francisco Cornejo Compliant
Allison Frederick Gowling Compliant
Duane Kumala-Thomas Compliant
Connie Lauder Compliant
Kate Leatherbarrow Compliant
Wes Mazur Compliant
Jason Norris Compliant
Jay Pember Compliant
Jaspreet Sandhu Compliant
Leah Santos Compliant
Mark Schadenberg Compliant
Liz Wismer-Van Meer Compliant 
Candidate for the Thames Valley District School Board
Candidate NameCompliance with Section 88.25
Seth Allen Compliant
David Edward Cripps Compliant
Leanne Hopkins Compliant
Candidate for the London District Catholic School Board
Candidate NameCompliance with Section 88.25
Ana Paula Alves Compliant
Mary Holmes Compliant

 

 

Contact Us

© 2017 City of Woodstock P.O. Box 1539, 500 Dundas Street, Woodstock, ON N4S 0A7

 

Phone: 519-539-1291
Email: General Information

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