2022 Clerk's Report - Filing Requirements
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:
- 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 Name | Compliance with Section 88.25 |
---|---|
Jerry Acchione | Compliant |
Henry Biro | Compliant |
Trevor Birtch | Compliant |
Peter Croves | Not Compliant |
David Hilderley | Compliant |
Anthony Scalisi | Compliant |
Candidate Name | Compliance with Section 88.25 |
---|---|
Paul Plant | Compliant |
Deb Tait | Compliant |
Sandra J. Talbot | Compliant |
Bernia Wheaton | Compliant |
Candidate Name | Compliance 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 Name | Compliance with Section 88.25 |
---|---|
Seth Allen | Compliant |
David Edward Cripps | Compliant |
Leanne Hopkins | Compliant |
Candidate Name | Compliance with Section 88.25 |
---|---|
Ana Paula Alves | Compliant |
Mary Holmes | Compliant |