Item - 2019.EA2.1

The Compliance Audit Committee granted the application for a compliance audit.

1. The Committee's focus in granting the Application was solely on the issues raised with respect to the Municipal Elections Act, 1996. Comments received by the Committee that were not relevant to the Application were not considered in the decision.

2. The Compliance Audit Committee met to hear Item EA2.1 the Compliance Audit Application of Evan Balgord for the Election Campaign Finances of Faith Goldy on April 29, 2019.

3. The Applicant's representative and the Candidate, Faith Goldy, appeared before the Committee to provide submissions related to the Application.

4. The Applicant's representative provided information to the Committee to support the Applicant's belief that the Candidate contravened a provision of the Municipal Elections Act, 1996 relating to election campaign finances.

5. Among other information provided by the Applicant's representative, it was suggested that the candidate may have solicited contributions from outside of Ontario, deposited the contributions in personal accounts and taken other actions in contravention of the Municipal Elections Act, 1996.

6. The Committee then heard the candidate's response to the allegations made by the Applicant's representative. As well as submissions from members of the public in relation to the Application.

7.  Sufficient concern was raised that contributions may have been solicited from outside Ontario, which is in contravention of Section 88.8(3) of the Municipal Elections Act, 1996.

8. The Committee did not receive adequate information that contributions were kept separate from campaign and personal accounts, since contributions were accepted by email, credit card or bank transfer.

9. The Committee has discretion as to whether to order a compliance audit. Indeed, in the Superior Court rulings of Lancaster v. Compliance Audit Committee et al., 2013 ONSC 7631 and Vezina v. Parrish, 2013 ONSC 2368, it was held the ordering of a compliance audit is discretionary.

10. The Committee believes that these issues are sufficient to grant the Applicant's Application. An auditor will be appointed to conduct an audit of the Election Campaign Finances of Faith Goldy.

The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA2.1 - Compliance Audit Application by Evan Balgord for the Election Campaign Finances of Faith Goldy and to receive advice that is subject to solicitor-client privilege in accordance with the Municipal Elections Act, 1996 and the City of Toronto Act, 2006.

Application for a Compliance Audit received April 1, 2019, from applicant Evan Balgord for Mayoral candidate Faith Goldy.