Information Session Mayoral and Councillor Candidates
Transcript of Information Session Mayoral and Councillor Candidates
Information Session Mayoral
and Councillor Candidates
Presentation of City Solicitor, Patricia Warwick
September 2016
Campaign Disclosure
Requirements and
Spending Limits
Bylaw No. 8491, The Campaign Disclosure and
Spending Limits Bylaw, 2006
The Bylaw
• The Province of Saskatchewan has allowed Municipal Councils to establish election campaign spending limits and to establish disclosure requirements for campaign contributions and expenses for candidates running for Municipal Office
• The City of Saskatoon has passed Bylaw No. 8491, The Campaign Disclosure Spending Limits Bylaw, 2006 to regulate these items
• These requirements are for candidates for Mayor and City Councillor only
Campaign Expense Limit – General Election 2016
Candidates for Mayor
• The maximum allowable campaign expenses for Mayoralty Candidates for the 2016 General Election are $200,749.56
• The maximum allowable campaign expenses of a Mayoral Candidate are calculated by application of the following formula:
MCE = $0.75 x (IE IB) x P
MCE = Mayoral Candidate’s Expenses
$0.75 = allowable campaign expense per capita
IE = CPI for City up to March 1 of an Election Year (For 2016: 132.7)
IB = CPI for the City for 2012 up to October 1 (For 2016: 125.2)
P = Total Population of the City (as established by the most recent Municipal Wards Commission) (For 2016: 252,538)
Campaign Expense Limit –
General Election 2016
Candidates for City Councillor
• The maximum allowable campaign expenses for
Councillor Candidates for the 2016 General
Election are $20,074.96
• The maximum allowable campaign expenses of
a Councillor Candidate are 10% of the maximum
allowable expenses of a Mayoralty Candidate
Disclosure Requirements for Campaign
Contributions & Expenses
• All candidates must disclose their campaign contributions and expenses by filing a Statement of Election Expenses/Contributions with the Returning Officer:
– For Mayoral Candidates: this must be filed within 4 months following the election date
– For Councillor Candidates: this must be filed within 3 months following the election date
• The Statement of Election Expenses/Contributions is a publicdocument kept by the City Clerk. Statement of Election Expenses/Contributions includes 3 forms which must be completed
Schedule “A”• Provides a statement of
total campaign contributions and expenses
• For surpluses, the Candidate must disclose how the surplus funds will be used
• There is a City Council resolution which states that candidates may not accept a tax receipt for charitable donations which come from surplus election campaign contributions
Schedule “B”
• Must list campaign contributions from contributors over a certain amount
• For the period up to and including May 31, 2016 the names of contributors and the amount of contributions over $250 must be disclosed
• For the period after and including June 1, 2016 the names of the contributors and the amount of contributions over $100 must be disclosed
Schedule “C”• Provides itemized list of
campaign expenses and contributions
• Mayoral Candidates must have this form audited by a Chartered Professional Accountant before filing with the Returning Officer
• Costs of the audit are reimbursed under s. 6 of the Bylaw:
– For campaign expenses less than $5,000 it is the lesser of $750 or the actual cost of the audit, plus GST
– For campaign expenses more than $5,000, it is the lesser of $2,000 or the actual cost of the audit, plus GST
Record Keeping• All candidates are required to keep and retain proper
accounting records of all campaign contributions and
expenses
• All candidates are required to keep records of receipts
and expenses and to track the value of contributions
whether in the form of money, goods or services and the
name and address of the contributor
• Candidates may not accept anonymous donations
– If an anonymous donation is received, the candidate shall not
use the donation but shall donate it to the registered charity of
the candidate’s choice
Fundraising Events
• All contributions received at fundraising events and all
costs associated with those events must be disclosed on
the Statement of Expenses/Contributions
• The costs associated with a fundraising event are not
required to be considered a campaign expense for the
purpose of calculating maximum allowable expenses
• Receipts must be issued for all funds received (includes
ticket purchases, money given in general collection and
money solicited from attendees), related to a fundraising
event and all expenses related to such an event
Fundraising Events (continued)
• Where the price of a ticket exceeds the cost per ticket of the event,
the excess shall be considered a campaign contribution
– If the excess is $100 or more, the name of the ticket purchaser must be
included in the list of campaign contributors (effective June 1, 2016)
• The name of every person who contributes $100 or more in general
collection or solicitation of money at a fundraising event must be
included in the list of campaign contributors (effective June 1, 2016)
• The City Clerk (or any other person appointed by City Council) has
the authority to audit a candidate’s records with respect to
fundraising events
Definitions
• Election Contribution Period:
– Means the period between January 1 of the year
following the preceding general election and ending
on December 31 of the year of the next general
election
– For the 2016 General Election, the Election
Contribution Period is January 1, 2013 to December
31, 2016
– All contributions received during the Election
Contribution Period are subject to the record keeping
and disclosure requirements of the Bylaw
Definitions (continued)
• Campaign Contribution:
– “Means any money paid, or any donation in kind provided,
to or for the benefit of a candidate during the election
contribution period for the purpose of financing an election
campaign, including revenue raised from a fundraising
event by the sale of tickets or otherwise, but does not
include volunteer labour or services”
• Donation in Kind:
– “Means the fair market value of goods and services
donated or provided by or on behalf of a candidate for the
purpose of an election but does not include volunteer
labour or services”
Definitions (continued)• Campaign Expense:
– “Means the cost of goods and services and the value of any donation in kind, used by or for the benefit of the candidate during the election expenses period for the purpose of a candidate’s election campaign, regardless of whether those costs are incurred, or the donation in kind provided, before, during or after the election expenses period, but does not include audit fees, volunteer labour or services”
• Election Expense Period:– Means the period beginning on August 1 of an election
year and ending on October 31 of an election year
– For the 2016 General Election, the Election Expense Period is August 1, 2016 to October 31, 2016
Election Disclosure Complaints• City Council has designated an Election Disclosure
Complaints Officer to investigate complaints made of false, misleading or incomplete disclosure of election contributions or expenses
• Complaints must be made in writing to the City Clerk, who forwards them to the Election Disclosure Complaints Officer
• The Returning Officer may also refer a matter to the Election Disclosure Complaints Officer for investigation if the campaign expense/contribution disclosure appears to be falsified or suspicious
• Section 18 of the Bylaw outlines the Investigation Procedure
Election Disclosure Complaints (continued)
• Decision of the Election Disclosure Complaints Officer is final
• Election Disclosure Complaints Officer has the discretion whether or not to investigate a complaint in accordance with section 20 of the Bylaw
• After the General Election, the Election Disclosure Complaints Officer reports publicly to City Council on the number of complaints received, general nature of complaints received and resolution of the complaints
• However, particulars of complaints received are confidential unless release of the information is required pursuant to The Local Authority Freedom of Information and Protection of Privacy Act
Enforcement• If found to be in contravention of the Bylaw, for a first offence, the
offender could face a fine of not more than $5,000
• In the case of a continuing offence, a further fine of not more than $5,000 could be imposed for each day the offence continues
• In addition to a fine, a judge may order an offender to pay the costs associated with the investigation of the matter and may order compliance with the Bylaw
• In addition to these penalties, if a candidate who is elected has been found to be in contravention of the Bylaw, the candidate is disqualified from Council and must resign - unless it is found by a judge of the Court of Queen’s Bench that the offence was by reason of an honest mistake or through inadvertence
• The period of disqualification from Office is 12 years