Candidate financial statements

Financial statements

After the end of the campaign period, candidates and registered third party advertisers must file a financial statement and auditor’s report (if required) disclosing all contributions and expenses for their campaigns. The deadline to file financial statements was March 31, 2023 at 2 p.m.

Penalties

As per the Municipal Elections Act, 1996 s.88.23(2), any candidate who does not file a financial statement by the March 31, 2023 deadline is in default and subject to the following penalties: 

(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. 

Grace Period

If a candidate does not file their financial statement by the deadline, they may file within 30 days after the deadline if they pay the municipality a $500 late filing fee. This grace period ends at 2 p.m. on May 1, 2023. No nomination fees will be refunded to candidates who file during the 30 day grace period.

Compliance report

In accordance with section 88.23(4) of the Municipal Elections Act, the Clerk must make available to the public a report indicating whether each candidate has complied with section 88.25 of the Act, which requires candidates to file with the Clerk a financial statement using the prescribed form, reflecting the candidate's election campaign finances. Below is a link to the City of Thunder Bay's compliance report for the 2018 municipal election. 

Report 052-2023 - Election 2022 Candidates' Financial Statements Compliance Report

Report R 83-2019 - Election 2018 Candidates' Financial Statements Compliance Report

Compliance Audit Committee

The Compliance Audit Committee receives and makes decisions on applications for compliance audits of campaign finances for City Council candidates and registered third party advertisers in a municipal election or by-election.

The Municipal Elections Act, 1996 requires an outgoing municipal council to establish a Compliance Audit Committee on or before October 1 in the year of an election. A resolution to establish a Compliance Audit Committee was passed at the August 8, 2022 Committee of the Whole meeting, and the decision was ratified on August 22, 2022.

The powers and functions of the Committee are provided under the Municipal Elections Act, 1996, including:

• Considering whether an application for a compliance audit filed by an elector should be granted or rejected.
• Appointing an auditor to conduct a compliance audit of the candidate’s election campaign finances, if the application is granted.
• Receiving and considering the auditor’s report and deciding whether to commence a legal proceeding against the candidate for the apparent contravention.
• The Committee also considers reports from the City Clerk identifying contributors who appear to have contravened election contribution limits and decides whether legal proceedings should commence.

The Committee does not receive compliance audit applications for School Board Trustees. Applications must be made to the secretary of the applicable school board.

Application for a compliance audit

Any eligible elector who believes on reasonable grounds that a candidate or third party advertiser has contravened the rules of the Municipal Elections Act, 1996 relating to election campaign finances can request a compliance audit of the candidate's or registered third party finances. A compliance audit can be requested even if the candidate or third party advertiser has not filed a financial statement.

To apply for a compliance audit of a councillor candidate, mayoral candidate or registered third party advertiser:

• Complete a Compliance Audit Application form.
• Submit the form and any supporting documents by e-mail to cityclerk@thunderbay.ca, in person Monday to Friday, 8:30 a.m. to 4:30 p.m. at the Office of the City Clerk, City Hall, or by mail to Krista Power, City Clerk & Returning Officer, 500 Donald St. E., Thunder Bay, ON, P7E 5V3.
• The Returning Officer must receive this form by Thursday, June 29, 2023 pursuant to s.88.33(3) and s. 88.35(3) of the Municipal Elections Act, 1996.

Deadline to request a compliance audit

As per the Municipal Elections Act, 1996, applications for compliance audit must be made within 90 days after the latest of the following dates:

• The initial financial statement filing date (deadline to file is Thursday, June 29, 2023);
• The date the candidate or third party advertiser filed an initial financial statement, if the statement was filed within 30 days after the applicable filing date;
• The candidate or third party advertisers supplementary filing date, if any; or
• The date on which the candidate or third party advertisers extension, if any, expires.