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Microsoft word - 2014 candidates guide final dec 4, 2013Town of Ajax
2014 Municipal Election
Town of Ajax 2014 Municipal Election Candidate’s Guide
TABLE OF CONTENTS
1.0 INTRODUCTION . 1
INFORMATION . 1
SCHEDULE OF KEY DATES . 2
QUALIFICATION . 4
Disqualification from Seeking Election . 5 Additional Qualifications for School Board Trustee Candidates . 5 5.0 NOMINATIONS . 6
6.0 SCRUTINEERS . 7
7.0 CANVASSING . 9
Access to Condominiums and Apartment Buildings . 9 8.0 ELECTION
SIGNS . 10
INFORMATION . 11
Adding a name to the Voters’ List . 12 Town of Ajax 2014 Municipal Election Candidate’s Guide Voting Methods, Processes, Places, and Dates . 13 10.0 FINANCIAL
RESPONSIBILITIES . 14
10.3 Goods & Services Donated and Deemed not to be Contributions . 14 10.11 Frequently Asked Questions Regarding Campaign Contributions . 16 10.13 Campaign Contribution Rebate Program . 17 10.15 Maximum Campaign Expense Limits . 18 10.17 Deadline for Claiming Expenses . 19 10.18 Financial Statements and Disclosure . 20 10.19 Campaign Surplus and Deficits . 20 10.20 Record Keeping/Accounting System . 21 11.0 ACCESSIBILITY . 22
Accessibility Provisions within the Municipal Elections Act . 22 Accessibility Resources for Candidates . 23 Town of Ajax 2014 Municipal Election Candidate’s Guide 1.0 INTRODUCTION
This guide has been prepared for candidates seeking candidacy in the 2014 Municipal
Election for the Town of Ajax. Although the content of this document highlights many of
the electoral processes involved in the upcoming election, candidates are urged to refer
directly to the Municipal Elections Act, 1996, as amended, (MEA) (available at www.e-
laws.gov.on.ca) in order to fully understand all legislative requirements. It is imperative
that candidates satisfy themselves, through their own determination, or with the
assistance of legal counsel, of the various legal and financial requirements relating to
Over the course of the next few months, candidates will be receiving information
periodically from Election Staff, therefore, it is important that your current contact
information is on file with the Town Clerk (including a valid e-mail address). Updates and
pertinent information will also be made available via the Town’s website at www.ajax.ca.
If you have any questions or concerns please do not hesitate to contact one of the
numbers provided below.
Regardless of the outcome of your candidacy, we hope that it proves to be worthwhile
and enjoyable experience. Thank you and good luck.
Martin de Rond Town Clerk/Returning Officer 2.0 CONTACT
Martin de Rond, Town Clerk/Returning Officer Martin.email@example.com Nicole Wellsbury, Deputy Clerk/Deputy Returning Officer firstname.lastname@example.org
Town of Ajax 2014 Municipal Election Candidate’s Guide 3.0 SCHEDULE OF KEY DATES
Nomination Period: January 2, 2014 - September 12, 2014
Nominations may be filed by candidates between Monday and Friday, 8:30 a.m. to 4:30
p.m. at Town Hall excluding statutory holidays, and on September 12, 2014 from 9:00
a.m. until 2:00 p.m.
Campaign Period: When Nomination is Filed - December 31, 2014
The campaign period begins whenever a candidate files a nomination paper and ends
on December 31, 2014 (unless the candidate withdraws the nomination, the Town Clerk
rejects the nomination, or the candidate files to extend his or her campaign to erase a
deficit). Candidates shall not receive contributions outside of their campaign period.
Certificate of Maximum Campaign Spending Limits: Nomination Filing
The Clerk will provide preliminary notice of the maximum campaign spending limits to all
certified candidates. This limit is calculated using the number of electors appearing on
the voters’ list as of nomination day in the 2010 Municipal Election. On September 22,
2014 the Town Clerk will determine a final limit by applying the above noted formula to
the number of voters appearing on the voters’ list as of nomination day in 2014. The
greater of the two limits shall apply.
Voters’ List: September 2, 2014
Will be made available to all registered candidates who complete a declaration form.
Revision Period: September 2, 2014 - October 27, 2014
Eligible voters whose names do not appear on the voters’ list or are identified incorrectly
may file a revision application with the Town Clerk using the prescribed form.
Nomination Day: September 12, 2014
Last day in which nominations may be filed by candidates at Town Hall (between the
hours of 9:00 a.m. and 2:00 p.m.). Nominations will not be accepted after 2:00 p.m.
Withdrawal of Nomination: September 12, 2014
Last day to withdraw nominations. The prescribed form must be submitted to the Clerk’s
Department in writing before 2:00 p.m.
Removal of Another Elector’s Name from Voters’ List:
September 2, 2014 - September 12, 2014
The Town Clerk may establish a hearing to determine whether an application to remove
another person’s name from the voters’ list is appropriate (Section 25(1), MEA).
Certification of Nomination: September 15, 2014
The Town Clerk will certify nomination papers before 4:00 p.m. and notify, as soon as
practicable, any candidate deemed ineligible for office.
Acclamation of Candidates: September 15, 2014
After 4:00 p.m., the Town Clerk will declare all candidates to be duly elected if they are
the only qualified individuals seeking candidacy for a respective office.
Proxy Vote Certificates: September 15, 2014 - October 27, 2014
Eligible electors appointed as a proxy can apply for their certificate.
Town of Ajax 2014 Municipal Election Candidate’s Guide Interim List of Changes: September 22, 2014
An interim list of changes made to the voters’ list with respect to the removal or
amendment of names will be available to candidates.
Advance Voting Period: To Be Determined
In-person polling stations will be made available between October 20 and October 26 in
advance of the In-person Voting Day Polls (October 27) A By-law to establish the times
and locations of these polls will be enacted by Council of the Town of Ajax prior to June
1, 2014. However, electors may vote using the internet or telephone anytime during the
period of October 20-27 (see below).
Voting Period: October 20 - October 27, 2014
Online Voting and telephone voting will be available from 10:00 a.m. on October 20,
2014, and will be available 24 hours a day until the close of polls at 8:00 p.m. on October
Official Results: Declared as Soon as Possible
The Clerk typically declares unofficial results following the completion of the counting of
all votes on voting day. Official results are typically posted by the Wednesday following
voting day (October 29, 2014).
End of Campaign Period: December 31, 2014
This is the last day a candidate can raise funds for his or her campaign unless an
extension is granted by the Clerk (the campaign period begins when nomination is filed).
The end of a campaign period can also occur on the date in which a candidate
withdraws his or her nomination or on the day it is rejected by the Clerk.
Notification to Extend a Campaign Period: December 31, 2014
Last day for candidates to provide notification, using the prescribed form, in order to
extend their campaign in order to reduce a deficit.
Deadline for Filing Financial Statements: March 27, 2015
Candidates must file their financial statements in person at the Clerk’s Office by no later
than 2:00 p.m. Penalties will apply immediately following March 27 if a financial
statement has not been submitted. A candidate may, before this day but after December
31, 2014, apply to the Ontario Court of Justice in order to extend the time to file his or
her financial statement. The Court may grant an extension of no more than 90 days.
Deadline for Compliance Audit Requests: June 25, 2015
Last day for a compliance audit request to be submitted with respect to financial
statement that was submitted by March 27, 2015.
End of Supplementary Reporting Period: June 30, 2015
A 6-month supplementary reporting period is permitted only if a candidate has submitted
proper notification to extend his/her campaign by December 31, 2014.
Deadline for Filing Financial Statements for the Supplementary Reporting Period:
September 25, 2015
Candidates who were granted an extension to their campaign must file their financial
statements in person at the Clerk’s Office by no later than 2:00 p.m. Penalties will apply
immediately following September 25 if a financial statement has not been submitted.
Town of Ajax 2014 Municipal Election Candidate’s Guide Deadline for Compliance Audit Requests for Supplementary Reporting Period:
December 24, 2015
Last day for a compliance audit request to come forward with respect to a reporting
period that ended on June 30, 2015.
Eligible electors in the Town of Ajax may vote for the following candidates to serve a four
year term effective December, 2014 until November, 2018:
Regional Councillor, Wards 1 & 2 Regional Councillor, Wards 3 & 4 Ward 1 Councillor Ward 2 Councillor Regional Chair – Durham Regional Council Trustee, Durham District School Board, Wards 1 & 2 Trustee, Durham District School Board, Wards 3 & 4 Trustee, Durham Catholic District School Board, Town-wide Trustee, Conseil Scolaire de District du Centre Sud-Ouest, Town-wide Trustee, Conseil Scolaire de District Catholique Centre-Sud, Town-wide Qualifications of Candidates
The qualifications for becoming an elector or candidate for municipal office in the Town
of Ajax are set out by the Municipal Act and the MEA. A person is qualified to be a
candidate in the 2014 Municipal Election if he or she is entitled to be an elector in the
Town of Ajax and is not disqualified from holding office for some other reason. A person
is qualified for the office of Regional Chair if he or she is entitled to be an elector in a
local municipality within Durham Region, and is not disqualified from holding office for
some other reason.
Qualifications of Electors
A person is entitled to be an elector in the 2014 Municipal Election if, on voting day,
A Canadian citizen At least 18 years of age A resident of the Town of Ajax or an owner or tenant of land (as assessed under the Assessment Act) in the Town of Ajax, or the spouse of such owner or tenant Not disqualified by any legislation from holding municipal office Town of Ajax 2014 Municipal Election Candidate’s Guide Prohibited From Voting
The following are prohibited from voting in the 2014 Municipal Election:
A person who is serving a sentence of imprisonment in a penal or correctional A person acting as executor/trustee or in any other representative capacity, except as a voting proxy as per Section 44 of the MEA A person who was convicted of a corrupt practice under the MEA
from Seeking Election
The following are disqualified from being elected and/or holding office as a Member of
Council or a Local Board:
A judge of any court Employees of the municipality or one of its local boards except during an authorized leave of absence (see Section 30, MEA) A member of the Provincial Legislature, Senate or House of Commons of Canada (although a member of such a body may file for nomination but must
resign as a member of such a body on or before nomination day)
Crown employees who are deputy ministers or in designated classifications A candidate who failed to file the necessary financial statements in the last municipal election or by-election (relative to any office in which the MEA applies)
Additional Qualifications for School Board Trustee Candidates
In addition to the qualifications noted above, a candidate for a member of a school board
must reside within the area of jurisdiction of the school board. The area of jurisdiction for
both French School Boards extends beyond the boundaries of the Town of Ajax. Further
information with respect to these boundaries can be provided by contacting the
respective School Board or the Clerk’s Department.
Employees of any Board of Education are subject to Section 30, MEA, which requires
the Board to give employees a leave of absence, upon request. Such leave must begin
prior to the day the individual is nominated and carry through to voting day. The person
is deemed to have resigned if they are elected and take office. School Board candidates
must also not be, at the time of filing their nomination paper, a Clerk, Treasurer, Deputy
Clerk or Deputy Treasurer of a municipality within the area of jurisdiction of the district
Board unless he/she takes an unpaid leave of absence prior to nomination day.
An elected Member of Council must maintain his or her qualifications throughout the entire term of nomination/office, otherwise, his or her seat may be deemed to be vacant. Town of Ajax 2014 Municipal Election Candidate’s Guide Definition of “Resident”
Under the MEA, a person’s residence is the permanent lodging place to which,
whenever absent, he or she intends to return. This will usually be the place where a
person’s family resides, unless he or she moves elsewhere with the intention of
changing his or her permanent lodging place. It may also be the place where he or she
occupies a room or part of a room and/or a residence in which he or she habitually
If a person does not have a permanent-lodging place, his or her residence is generally
considered to be the place in which he or she most frequently returns to sleep or eat. A
person may only have one residence at a time, however, he or she may have residences
in two local municipalities at the same time. The MEA permits this exception if he or she
lives in one residence for the purpose of attending an educational institution but not with
the intention of changing his or her permanent lodging place and if the person’s
permanent lodging place is in the other local municipality.
Nomination day is Friday, September 12, 2014. Nominations may be filed on that day,
between the hours of 9:00 a.m. and 2:00 p.m., at the Clerk’s Office, Town Hall, 65
Harwood Avenue South. They may also be filed during normal office hours (8:30 a.m. -
4:30 p.m.) at the same location between January 2, 2014 and September 11, 2014.
Candidates must submit the prescribed nomination form in order to formally declare their candidacy. By signature of the prescribed form, an individual declares that he or she is legally qualified to become a candidate as of the date in which the nomination form is filed. It is the responsibility of the candidate to satisfy himself or herself that he or she is qualified to be nominated for an office. The candidate’s declaration of qualification must be taken before a Commissioner of Oaths and/or designate (several staff in the Clerk’s office are able to administer this oath). All candidates, including incumbents, will be asked to present identification to validate their identity and qualifying address. An individual will not be permitted to file for nomination without any such identification. Either the candidate or an agent of the candidate must file a nomination paper in the Clerk’s Office in person. Faxed nomination papers will not be accepted, as an original signature of the candidate is required. When a candidate files a nomination, he or she must also complete a Candidate Information and FOI Release Form at the same time. This form is used to collect information for publication to the Town’s website. The Clerk will certify nomination papers by 4:00 p.m. on Monday, September 15, 2014. Town of Ajax 2014 Municipal Election Candidate’s Guide
At the time of filing, each candidate must also submit a filing fee of either $200 for the office of Mayor, or $100 for all other offices. The nomination filing fee is payable to the “Town of Ajax” by cash, debit, cheque or money order (credit cards will not be accepted). The filing fee will be refunded if the candidate is elected, withdraws his or her nomination, or receives more than 2% of the votes cast for that office. A candidate must first file a nomination paper and pay the nomination fee prior to raising
campaign funds or incurring election related expenses.
Withdrawal of Candidacy
Any candidate wanting to withdraw his or her nomination must notify the Town Clerk by
2:00 p.m. on Friday, September 12, 2014. Either the candidate or an agent of the
candidate must file a Withdrawal of Nomination form in person at Town Hall (fax or e-
mail copies will not be accepted). If an agent is filing the Withdrawal of Nomination form
on behalf of a candidate, the candidate must also provide the agent with a signed letter
providing authorization for him or her to submit a withdrawal on his or her behalf.
A withdrawn candidate will still be required to submit a financial statement covering all financial transactions up to the time of the withdrawal (see 10.18, page 19).
A candidate may appoint a scrutineer for each voting place to act as his or her agent. To
appoint a scrutineer, a candidate must submit a completed Appointment of Scrutineer by
Candidate form to the Town Clerk. One form per scrutineer is required. A scrutineer,
prior to being admitted to a voting place, will be asked by an Election Official to produce
a copy of his or her form as well as to complete an Oath of Secrecy. Scrutineers are
required to have their appointment form on their person at all times within a voting
place. According to Town of Ajax policies and procedures, only one scrutineer per
candidate will be permitted in the voting place at any time.
The only role of candidates and scrutineers in the voting place is to scrutinize the
integrity of the voting process. It is not a communicative role. There is to be no
communication between a scrutineer or candidate and an elector in a voting place.
Should the elector require the assistance of an interpreter, he or she must make his or
her own arrangements for this provision. Candidates and scrutineers will not be
permitted to serve as an interpreter for an elector under any circumstances. If a voter
requires assistance to vote for any reason other than language, an Election Official will
be able to provide assistance.
Town of Ajax 2014 Municipal Election Candidate’s Guide 6.2 Rights
Election Officials are instructed that, if a scrutineer is present at the voting place, he or
she must be allowed to observe the process of voting and should be permitted to be in a
position to hear any conversation between the elector and Election Official. If the
Election Official determines that a scrutineer or candidate is interfering with the electoral
process they will instruct the individual to immediately vacate the voting place (a voting
place is considered to be not only the room in which ballots are being cast, but also the
surrounding area including any external areas such as the parking lot). The following is a
summary of rights extended to candidates and scrutineers:
They may enter the voting place 15 minutes prior to opening in order to inspect any voting equipment and election documents but not so as to delay the opening of the voting place. Results of the vote will be announced at Town Hall shortly after the close of the vote (8:00 p.m.) on voting day. Scrutineers may be present during the announcement of results. Scrutineers are always required to have their appointment form (signed by the candidate) on their person at all times. As the tabulation of votes is done instantly and electronically on off-site servers, scrutineers will not be able to observe the tabulation process.
Again, the role of scrutineers or candidates in a voting place is to observe the election
process - not participate in it. If, at any time, the following prohibitions are not respected
by a candidate or scrutineer, an Election Official may order that individual to vacate the
voting place and not return. If ordered to vacate the voting place, the candidate or
scrutineer is not permitted to remain anywhere on the premises. Candidates and
scrutineers are prohibited from the following:
Attempting, directly or indirectly, to interfere with how a voter votes Displaying a candidate's election campaign material (including buttons, pins, etc.) Compromising the secrecy of the voting process Interfering or attempting to interfere with a voter who is casting their vote Obtaining or attempting to obtain, in a voting place, any information about how a Communicating any information obtained at a voting place about how a voter Sitting directly at any tables provided for the Election Officials (as such, candidates may wish to provide scrutineers with a clipboard) Be immediately present when a designated Election Official assists an Communicate or attempt to communicate with voters on any matter Town of Ajax 2014 Municipal Election Candidate’s Guide 7.0 CANVASSING
Prohibition of Canvassing
The Town Clerk designates all facilities to be used as voting places (a list of will be
made available to candidates before September 2, 2014). All Town facilities and voting
places are to be free from any form of electioneering. This includes anything that is
considered to be election signage and/or communications for the purpose of soliciting
electors. This prohibition is extended to both the internal and external areas associated
with the property of Town. The MEA, mandates that while a voter is in a voting place, no
one shall attempt to, directly or indirectly, influence how a voter votes, and that no
campaign material or literature may be displayed. Election Officials and By-Law Officers
have been instructed to remove all campaign materials (including buttons, pamphlets,
posters, signs, vehicles etc.) from all Town Facilities and designated voting places.
Candidates should be made aware that School Boards typically maintain policies that
prohibit election canvassing or advertising in any school, prior to the voting period,
without the written approval of the Director of Education.
Access to Condominiums and Apartment Buildings
The following provisions provide for the authority for a candidate to enter into a
condominium or apartment building for the purpose of canvassing and/or distributing
“No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material.” Section 22, Tenant Protection Act
“No corporation or employee or agent shall restrict reasonable access to the property by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly or an office in a municipal government or school board if access is necessary for the purpose of canvassing or distributing election material.” Section 118, Condominium Act
Despite these legislative provisions candidates may, at times, experience difficulty in gaining access to certain private residential complexes. If this occurs, candidates should contact the rental agency, owner of the building or other relevant approval body and request that they instruct their staff of the legislative right of candidates to have access to these buildings for canvassing purposes. The Town Clerk does not have the authority to intervene on behalf of any candidate in order to grant them access to a privately owned building for the purpose of canvassing and/or distributing election material. Town of Ajax 2014 Municipal Election Candidate’s Guide 8.0 ELECTION
Election Sign Restrictions
Municipal election signs are governed and controlled by Town of Ajax Temporary Sign
By-law, and Durham Region By-law 79-95, as amended. Town of Ajax By-law staff will
enforce all provisions contained therein and where an election sign has been erected or
displayed in contravention to any of these provisions, an Officer may remove the sign
immediately without notice. A candidate is strongly urged to review these By-laws as
they relate to election signs prior to posting signs on property owned by the Town or
The following are general restrictions which apply to all Election signs:
The candidate to whom the Election sign relates shall be responsible for the erection or display of the Election sign. Election signs are only permitted 6 weeks immediately preceding the final voting day (Oct 27, 2014) and must be removed within 48 hours of the close of voting. An Election sign shall not be permitted within 5m of another election sign for the same candidate along Town roads, and within 500m of another election sign for the same candidate along Regional Roads. No portable sign shall be used for the purposes of an Election sign. An Election sign shall not be placed: o on any centre median or traffic island; o within 25m of any property line of a voting location The following are general restrictions which apply to all Election signs erected on Town
of Ajax road allowances and private property located in the Town of Ajax:
Election signs shall not be placed on any Town of Ajax property, including road o Harwood Avenue North and South; o Rossland Road East and West; o Church Street North and South; o Salem Road, north of Taunton Road o Pickering Beach Road between Bayly Street and Dreyer Drive. Election signs placed on the above 5 streets shall not be; o located closer than 1m from a curb or 3m from the traveled portion of the o greater than 1.2m in height, (unless located within 15m of an intersection/driveway where the maximum height is 0.8m from top of curb.) o greater than 1m in width; or o greater than 1.2m² in area. Town of Ajax 2014 Municipal Election Candidate’s Guide Election signs placed on residential property shall not be: o greater than 1m in height; o greater than 1m in width; or o greater than 1m² in area. Election signs placed on any other property shall not be; o greater than 1.5m in height; o greater than 1.5m in width; or o greater than 1.5m² in area; or NOTE: the maximum area of the Election sign is smaller than the maximum
o An Election sign shall not exceed a maximum sign area of 1.5m², with the exception of those placed on a Billboard or at a Campaign Headquarters located in an industrial or commercial Zone.
The following are general restrictions which apply to all Election signs erected on
Durham Regional road allowances;
Election signs placed on any Durham Regional road allowance shall not be: o located closer than 1m from the curb; o greater than 1.2m in height; (unless located within 20m of an intersection/driveway where the maximum height is 0.6m from top of curb.) or; Signs erected contrary to the Municipal and Regional Sign By-laws may be removed without notice. For further clarification, contact the Legislative and Information Services Department, By-law Services, (905) 619-2529, extension 3370.
An eligible elector is able to add his or her name to the voters’ list for the 2014 Municipal
Election by submitting a completed Application to Amend the Voters’ List. These forms
will be available from the Town’s website and the Legislative and Information Services
Department at Town Hall during the Election Revision Period (September 2, 2014 to
October 27, 2014). Revision forms will also be available for completion at voting places
during the advance voting period and on voting day.
The Municipal Property Assessment Corporation (MPAC) will provide the Town Clerk
with the Preliminary List of Electors containing the names and addresses of all electors
eligible to vote in the Municipal Election. The Town Clerk will make corrections to
obvious errors and reproduce the Official List of Electors which is made available to all
Town of Ajax 2014 Municipal Election Candidate’s Guide registered candidates on September 2, 2014. According to Section 23(4), MEA, only the section of the Voters’ List pertaining to the office in which a candidate is running is to be made available. Adding a name to the Voters’ List
Individuals not appearing on the Voters’ List can add their names during the revision
period. This can be done in person by visiting the Town Clerk’s Department (Town Hall,
65 Harwood Avenue South). Proper identification verifying both the individual’s identity
and qualifying address must be presented along with a completed revision form. Subject
to presenting an acceptable form of identification, an individual may also add his or
name to the Voters’ List at a voting place during the advance voting period or on voting
Revision of the Voters’ List
The revision period also provides an opportunity for electors to ensure the accuracy of
their voter information on the Voters’ List. Common corrections to the Voters’ List relate
to changes of an elector’s name, residential address and school support. Revision forms
requesting a change in voter information must be completed using the prescribed form.
Beginning, Tuesday, September 2, 2014 completed revision forms can be mailed c/o:
Completed revision forms can also be dropped off in person at the Town’s Legislative and Information Services Department during regular office hours (8:30 a.m. to 4:30 p.m.) or in the Night Deposit Box after hours. Election Officials located at each designated voting place during the advance voting period and on voting day will also process revision forms. Voter Information Letter
Electors appearing on the Voters’ List will receive a Voter Information Letter providing
instructions for the use of internet or telephone voting, and a list of the places and times
for voting in person. Electors will be reminded to bring their Voter Information Letter with
them to the voting place. If a person does not have a Voter Information Letter and plans
to attend a polling place to vote, they must also bring an acceptable form of identification
in order to be issued a voting PIN. Electors who do not have a Voter Information Letter
or those who add themselves to the Voters’ List at the voting place are still permitted to
vote if they present an acceptable form of identification.
Town of Ajax 2014 Municipal Election Candidate’s Guide 9.6 Identification
Electors who receive a Voter Information Letter in the mail are deemed to be rightfully on
the Voters’ List, and can proceed with voting by internet or telephone provided that they
can produce the necessary credentials to do so (e.g., date of birth), thereby allowing the
system to verify their identity.
Individuals who are not on the Voters’ List will be required to present an acceptable form
of identification prior to being added. Individuals who are unable to produce an
acceptable form of identity will be required to complete an application and sign a
declaration to confirm and swear his/her identity, qualifying address, and eligibility.
Persons should be aware that to fraudulently swear a declaration of eligibility or
falsify information related to voter eligibility constitutes an offense under Section
89 of the MEA. A person who commits such an act is subject to legal
ramifications, and the imposition of any or all penalties identified within the Act.
Any qualified voter identified on the Voters’ List or who has obtained an approved
application to revise the Voters’ List may appoint another qualified voter to vote on their
behalf. This appointment must be made using the Appointment of Voter Proxy form (to
be made available from the Legislative and Information Services Department). The
person being appointed as a proxy will be required to take a statutory declaration before
a Commissioner of Oaths or designate (staff in the Legislative and Information Services
Department at Town Hall can administer this oath). An individual may not serve as a
proxy for more than one person except when the person voting by proxy is the parent,
grandparent, child, grandchild, brother, sister or spouse of the voting proxy. A voting
proxy may serve for one other person or the specified family members, but not both.
The voting proxy is also entitled to vote in his or her own right. The appointment of a
proxy may only be made once the certification of nominations has been completed
(September 15 at 4:00 p.m.), and does not remain in force after the close of voting on
the final voting day.
Assistance to Vote
An elector must make his or her own arrangements for the provision of an interpreter if one is required. Candidates and/or scrutineers are not permitted to serve as an interpreter for an elector. If an elector requires assistance for any reason other than language, an Election Official is permitted to provide such assistance. Voting Methods, Processes, Places, and Dates
The voting period during which eligible electors may vote using the internet or telephone will be open from October 20 at 10:00 a.m. until October 27 at 8:00 p.m. On October 27, polling places will be available throughout the town where electors can vote by internet in-person using publically provided computers. Advance polls will be provided between October 20 and 26. Details pertaining to the advance voting period and voting locations will be made available to candidates and electors as soon as they are determined. Town of Ajax 2014 Municipal Election Candidate’s Guide
10.0 FINANCIAL RESPONSIBILITIES
The following section provides an overview of the various financial responsibilities of a
candidate, however, as noted earlier, all candidates are urged to refer directly to the
Municipal Elections Act, 1996 (www.e-laws.gov.on.ca) in order to fully determine the
legislative requirements regarding their financial responsibilities. The onus of
responsibility is on candidates to satisfy themselves, through their own determination, or
with professional assistance, of the various legal and financial requirements relating to
their candidacy. The Town Clerk and/or Election Staff are not obliged to interpret the
provisions of the MEA regarding these matters.
Pursuant to Section 66, MEA, contributions are monies, goods or services given to a
candidate for his or her campaign which include:
The amount charged for admission to a fund-raising function The difference between the amount paid and the market value of a good or The difference between the amount paid and the market value of a good or Any unpaid but guaranteed balance of a campaign loan 10.3 Goods & Services Donated and Deemed not to be Contributions
The following are deemed not to be contributions:
The value of services provided by voluntary unpaid labour The value of services provided voluntarily by employees of an entity as long as they do not receive extra compensation from their employer An amount of $10 or less that is donated at a fund-raising function The value of free political advertising provided it is in accordance with the Broadcasting Act (Canada) and is made available to all candidates The amount of a campaign loan obtained by the candidate or the spouse of the 10.4 Timing
Contributions can be solicited by, or accepted on behalf, of a person seeking local
municipal office, if that person has been duly nominated as a candidate (see 5.0, page
6). Contributions may only be accepted during a candidate's campaign period (in the
event of a campaign that was not extended this occurs from the time with which the
nomination is filed up until December 31, 2014). Any contributions received outside the
campaign period that cannot be returned to the contributor including any anonymous
Town of Ajax 2014 Municipal Election Candidate’s Guide contributions must be turned over to the Town Clerk. Candidates must make reasonable efforts to satisfy themselves that a contributor is entitled to make contributions. 10.5 Eligible
Pursuant to Section 70(3), MEA, only the following may make contributions:
An individual who is normally a resident in Ontario
A corporations that carries on business in Ontario
A trade union that holds bargaining rights for employees in Ontario A candidate and his or her spouse (subject to Section 70(5), MEA, if not normally a resident in Ontario, a candidate and his or her spouse may make contributions only to the candidate’s election campaign) 10.6 Contribution
Pursuant to Section 71(1), MEA, a contributor shall not make contributions exceeding a
total of $750 to any one candidate in an election. This limit is never to be exceeded
regardless of the number of offices a candidate may have been nominated for during an
election period. In addition to this, a contributor shall not make contributions exceeding a
total of $5,000 to multiple candidates for office on the same council or local board. It is
also important to note that cash contributions of $25 or more are not to be accepted by
or on behalf of a candidate (Section 70(8), MEA).
10.7 Candidate’s Own Funds
A candidate and/or his or her spouse may contribute to a candidate’s campaign. There is
no limit on any such contribution but it is important to note that Section 74(1), MEA,
provides that a contributor shall not make a contribution of money that does not belong
to the contributor. Any contribution made by the candidate and/or his or her spouse is
still considered a contribution and must be identified and reported as such. Pursuant to
Section 79(6), MEA, if a candidate has a surplus and he or she has contributed to his or
her own campaign and/or his or her spouse has made a contribution, the candidate may,
after the election campaign period ends but before filing the financial statement or
supplementary financial statement refund to himself or herself, or to his or her spouse,
an amount that does not exceed the lesser of the relevant contributions or the surplus.
The remaining surplus following any such refunds and/or any appropriate expenditures
with respect to campaign extensions, becomes the property of the Town.
It is important to fully reference Sections 66-82, MEA, as well as other relevant sections
within the Act. Although this guide provides a summary of some relevant provisions, it
does not account for all of the financial responsibilities associated with candidacy.
Town of Ajax 2014 Municipal Election Candidate’s Guide 10.8 Ineligible
Pursuant to Section 70(4), MEA, the following shall not contribute to a campaign:
A federal political party registered under the Canada Elections Act or any federal
constituency association or registered candidate in a federal election A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act The Crown in right of Canada or Ontario, a municipality or local board 10.9 Contribution
Where the candidate learns a contribution has been made or accepted in contravention
to any provision of the Act, the candidate must immediately return the contribution. If this
is not possible, any such contribution should be paid to the Town Clerk. The following
are examples of a contribution which must be returned or paid to the Town Clerk:
Issued/received outside a candidate's campaign period
Issued/received from anonymous sources (except for cash donations less than $10) Issued/received from ineligible sources (e.g. individuals not residents of Ontario) Issued/received in excess of the $750 per contributor limit Issued/received a cash contribution in excess of $25 Issued/received from funds not belonging to the contributor 10.10 Contribution Disclosure
Notice of all contributions received by the candidate must be submitted to the Town
Clerk upon completion of his or her campaign period, in the prescribed form and
manner, as a part of his or her financial statement.
10.11 Frequently Asked Questions Regarding Campaign Contributions
How can contributions of cash be made?
Cash contributions may only be accepted up to $25.
What is the definition of contributions of goods and services?
All contributions of goods or services the candidate receives are considered
contributions and should be supported by an invoice from the contributor of the good or
service. The contribution must be recorded just as if it were money. If part of the agreed
upon fee for the purchase of a good or service is considered by a supplier to be a
contribution, the supplier should render an account for the total amount and indicate on
the statement of account the amount which he or she considers a contribution. If a
supplier charges the candidate less than the market value for the purchase of a good or
service, the difference between the amount charged and the market value is a
contribution. If suppliers of goods or services are not paid or have agreed not to accept
payment, such non-payment will constitute a contribution of a good or service and must
be receipted as such.
Town of Ajax 2014 Municipal Election Candidate’s Guide Who can accept campaign contributions?
Only the candidate and those persons authorized by the candidate can accept campaign
contributions. Contributions can only be accepted during the campaign period and only
from a person or entity entitled to make a contribution.
How are anonymous contributions handled?
An anonymous contribution cannot be accepted. The only exception to this rule is a
donation received at a fund-raising function held on behalf of a candidate (eg. "pass-the-
hat" donations). Each of these donations must be $10 or less. However, the total
revenue from any such donation source must be reported as part of the candidate's
financial statement. Any anonymous contribution received that cannot be returned must
be paid to the Town Clerk.
Fundraising activities are to only be held for a candidate and must occur within his or her
campaign period. The MEA defines a fund-raising function as “an event or activity held
by or on behalf of a candidate for the purpose of raising funds for his or her election
campaign”. An account of all revenues and expenses generated from each fundraising
function must be included in a candidate's financial statement. The price of admission to
a fundraising function and/or any amount paid for a good or service (offered for sale in
excess of fair market value) is to be considered and treated as a campaign contribution.
Section 67(2.1) provides that a fundraising function does not include costs related to:
Events or activities that are organized for the purpose of promoting public awareness of a candidate and at which the soliciting of contributions is incidental Promotional materials in which the soliciting of contributions is incidental 10.13 Campaign Contribution Rebate Program
Electors qualified to vote in the 2014 Municipal Election are eligible for a campaign
contribution rebate issued by the Town of Ajax. Although individuals pursuant to Section
70(3), MEA are able to contribute to a campaign, only qualified electors appearing on the
voters’ list as of the end of voting day are eligible to receive a rebate. Rebates are paid
to contributors with the exception of the candidate, the candidate’s spouse and/or
children, corporations and/or trade unions. Only monetary contributions will be rebated,
the value of goods and services are not eligible. Rebates will be issued 90 days
following the submission of a candidate’s financial statement, providing there is no
contravention of the MEA by either the contributor or candidate. If the candidate extends
his or her campaign, any associated rebates will be deferred until such time as the final
financial statement is issued and the review period has ended.
Rebates can be received for multiple contributions made to more than one candidate but
the total of all rebates cannot be more than the allowable maximum. For the 2014
Municipal Election, the maximum rebate a qualified elector may receive with respect to
their contribution(s) is $200. Rebates will only be issued to eligible individuals who
contribute to a candidate’s campaign between the day in which they file their nomination
up to and including the close of voting on voting day (8:00 p.m. on Monday, October 27,
Town of Ajax 2014 Municipal Election Candidate’s Guide 2014). Rebates will not apply to any contributions made after the close of voting. Rebates are calculated using the following formula: A minimum contribution of $50 is required to be eligible for a rebate. The rebate shall be 75% of the contribution, up to a maximum rebate of $200 for any Participation in the Town’s rebate program by candidates and contributors is optional. Candidates will be required to declare whether they will participate in the program at the time in which they file for nomination. Participating candidates will be issued receipts by the Town Clerk to be used for the rebate program. Candidates are responsible for the proper completion of rebate forms. If information regarding the contributor is missing or inaccurate or if the contributor is not identified on the Voters’ List as of the end of voting day, a rebate will not be issued. 10.14 Expenses
Any costs incurred for goods or services by or on behalf of a person wholly or partly for
use in his or her election campaign are considered expenses. (Sections 67 and 76(5),
MEA, can be referenced for further information). Most expenses are subject to a
maximum campaign expense limit. Bill 212 amended Section 76(5) to make interest on
loans and the nomination filing fee subject to the expense limit. The amendments also
resulted in an exemption for costs associated with a candidate’s disability and/or those
related to a compliance audit.
10.15 Maximum Campaign Expense Limits
The spending limit for a candidate’s campaign is calculated based on the number of
electors who are eligible to vote for that office. The formula to calculate the limit is:
for head of council: $7,500 plus $0.85 per eligible elector for council member or trustee: $5,000 plus $0.85 per eligible elector Upon the filing of a nomination, each candidate will be given an estimate of their campaign spending limit. This estimate will be based on the number of electors in the last election. Within ten days after the close of nominations, each candidate will be issued a final spending limit which is based on the number of electors on the voters’ list for the current election. If the spending limit estimate received by the candidate upon filing of their nomination is higher than the final spending limit received September, then the estimate becomes the official spending limit. Town of Ajax 2014 Municipal Election Candidate’s Guide The preliminary expense limits are as follows:
*contact Region of
Durham for this info.
Durham District School Board Trustee, Wards 1 & 2 Durham District School Board Trustee, Wards 3 & 4 Durham Catholic District School Board Trustee $17,414.25
*contact City of Oshawa
Trustee for Conseil Scolaire de District du Centre Sud-Ouest for this info.
*contact City of Oshawa
Trustee for Conseil Scolaire de District Catholique Centre-Sud for this info.
10.16 Campaign Inventory
Campaign expenses include the value of any goods held in inventory by a candidate
from a previous campaign for use in the 2014 Municipal Election campaign period
(Section 67, MEA, can be referenced for further information). The inventory of reusable
campaign materials remaining on hand at the end of a campaign becomes the property
of the candidate and must be valued and reported as closing inventory on his or her
10.17 Deadline for Claiming Expenses
The 2014 Municipal Election campaign period ends on December 31, 2014. Pursuant to
Section 68(1)(4), MEA, if a candidate decides to extend his or her campaign for the
purposes of paying down a deficit, he or she must submit an application to the Town
Clerk, using the prescribed form, by 4:30 p.m. on December 31, 2014. If the application
to extend a campaign period is received by this time, a candidate’s campaign is deemed
to have run continuously from the date of the filing of nomination until June 30, 2015.
It is important to fully reference Section 68, MEA, as there are various conditions not identified in the above section which may be applicable to a campaign with respect to a candidate’s campaign period and/or their submission deadline. Town of Ajax 2014 Municipal Election Candidate’s Guide 10.18 Financial Statements and Disclosure
It is the responsibility of the candidate to file a complete and accurate financial statement
in person at Town Hall by the deadline applicable to their respective campaign. All
nominated candidates for the 2014 Municipal Election (including those who have
withdrawn or were not elected) must disclose their contributions and expenses, using the
prescribed form, no later than 2:00 p.m. on March 27, 2015.
In the event of a campaign that was extended to June 30, 2015 pursuant to Section 68, MEA, the financial statement must be submitted no later than 2:00 p.m. on September 25, 2015. This extension notice must be filed in person using the prescribed form. If any further extension to a candidate’s campaign is required it must be sought from the court prior to the regular or supplementary filing deadline. The court cannot extend the filing deadline by more than 90 days. If the financial statement is not filed by the deadline and no extension through the courts has been sought, the penalties (removal from office etc.) are to take effect immediately (Section 89, MEA, can be referenced for further information related to offences, penalties and enforcement). If a candidate files for an extension to his or her campaign, he or she is still required to
submit a financial statement by March 27, 2015 to account for all expenses related to
their campaign period up to December 31, 2014. Additionally, they must also file a
supplementary financial statement by September 25, 2015 accounting for all
expenses related to their campaign period up to June 30, 2015. The supplementary
statement is to cover the entire campaign period, updated to reflect changes to the
candidate’s election campaign finances during the supplemental reporting period.
The prescribed form for use in the submission of a candidate’s financial statement will be made available to all candidates by the Town Clerk. An auditor’s report shall accompany a candidate’s financial statement and be prepared by an auditor licensed under the Public Accounting Act, 2004. No auditor’s report is required if the total contributions received and total expenses incurred in a candidate’s election campaign, up to the end of the relevant period, are each equal to or less than $10,000. At least 30 days prior to the filing date, the Town Clerk will give notice to every candidate of the date in which they are required to file as well as with respect to any penalties that may be associated with non-compliance. Candidate’s financial statements are deemed to be public documents and will be posted to the Town’s website in their entirety. The documents will be available to the public until the new council or local board takes office following the next regular election. 10.19 Campaign Surplus and Deficits
Pursuant to Section 79, MEA, a candidate has a surplus if the total credit exceeds the
total debits, and a deficit if the reverse is true. If a candidate’s financial statement or supplementary financial statement shows a surplus and the election campaign period has ended at the time the statement is filed, he or she shall pay the surplus to the Town Clerk (reduced by the amount of any refund – see below). Town of Ajax 2014 Municipal Election Candidate’s Guide A candidate who has a surplus and has made a contribution to his or her campaign and/or his or her spouse has made a contribution, may, after the election campaign
period ends but before filing the financial statement or supplementary financial
statement, refund to himself or herself or the spouse an amount that does not exceed
the lesser of the relevant contribution(s) and the surplus.
If a candidate’s campaign reconvenes due to reasons provided for by various sections in
the MEA (ie. recount, compliance audit, controverted election), the amount held in trust
by the Town Clerk shall be paid to the candidate with interest. However, when a
campaign has ended and it is no longer possible to recommence the campaign period
due to a recount, compliance audit or controverted election, the surplus becomes the
property of the municipality.
10.20 Record Keeping/Accounting System
Consulting with an auditor (specifically one with experience in campaign financing) on an
election campaign accounting system is advisable. This will ensure that a candidate’s record keeping and accounting procedures are followed in a satisfactory manner, allowing any necessary audits to be carried out at minimal cost. The auditor is required to examine and to report as to whether the financial statement presents fairly the information contained in the accounting records on which the financial statement is based. Further information regarding campaign accounting requirements can be found in the MEA. 10.21 Compliance Audits
As per Section 81, MEA, a Compliance Audit Committee will be constituted and
delegated full authority to address applications requesting an audit of a candidate’s financial statement. The Committee’s term will be equal to that of the elected council. A Terms of Reference will be established by the Town Clerk. The central role of the Committee will be to review applications and grant or reject audit requests. Where granted, the Committee will appoint an auditor to review the final statement and, where indicated, the Committee will decide whether legal proceedings shall be commenced. 10.22 Penalties
Further to 33.1, MEA, the Town Clerk must provide notice of the penalties under the MEA to all candidates prior to voting day. The following excerpts are to be considered as the provision of notice pursuant to the Act. 80. (1) A candidate is subject to the penalties listed in subsection (2), in addition to any other penalty that may be imposed under this Act. (a) if he or she fails to file a document as required under section 78 or 79 by (b) if a document filed under section 78 shows on its face a surplus, as described in section 79, and the candidate fails to pay the amount required by subsection 79(4) to the clerk by the relevant date; Town of Ajax 2014 Municipal Election Candidate’s Guide if a document filed under section 78 shows on its face that the candidate has incurred expenses exceeding what is permitted under section 76; or if a document filed under section 79.1 shows on its face a surplus and the candidate fails to pay the amount required by subsection 79.1(7) by the relevant date. (2) 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 (b) until the next regular election has taken place, the candidate is ineligible to the elected or appointed to any office to which this Act applies. (2.1) In the case of a default described in subsection (1), the clerk shall notify the candidate and the council or board in writing that the default has occurred. 90. (1) If, when a person is convicted of an offence under section 89, the presiding judge finds that the offence was committed knowingly, the offence also constitutes a corrupt practice 92. (5) A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 80 (2), if he or she, (a) files a document under section 78 or 79.1 that is incorrect or otherwise (b) incurs expenses that exceed what is permitted under section 76. 1996, c. 32, Sched., s. 92 (5); 2002, c. 17, Sched. D, s. 35 (1).
within the Municipal Elections Act
Pursuant to Section 12.1, MEA, in providing for matters and procedures not otherwise
covered by the Act, the Town Clerk shall have regard to the needs of electors and
candidates with disabilities. As mandated by Section 45(2), MEA, all voting places must
be accessible to electors with disabilities. Further to this, an election official shall attend
on any electors with disabilities anywhere within the area designated as a voting place.
Within 90 days after voting day, the Town Clerk shall submit a report to Council about
the identification, removal and prevention of barriers that affect electors and candidates
11.2 Accessible Voting Methods
The provision of internet and telephone voting options will greatly enhance the
accessibility of Ajax elections. With the procured internet voting system, each screen in
the voting process has been designed using basic language, simple graphics, high
contrast, and adjustable font; additionally, the program is compatible with screen-reading
technology and other assistive devices. Electronic voting also enables persons with
mobility challenges or other disabilities to vote from the comfort of their home where
accessible assistive devices may already be set up, eliminating the need for travel.
Town of Ajax 2014 Municipal Election Candidate’s Guide Further accessibility considerations will be documented in the Accessible Ajax 2014 Municipal Election Accessibility Plan (available spring 2014). 11.3 Accessibility
Resources for Candidates
Candidates must also have regard to the needs of electors with disabilities. Campaign
offices, election materials and canvassing should all be reviewed in order ensure that
they are accessible to all electors, including those with disabilities.
The Accessibility Directorate of Ontario has released several quick reference documents
to assist candidates with accessible elections considerations:
Count Us In: Removing Barriers to Political Participation - Quick Reference Guide to Accessible Campaign Information and Communication Count Us In: Removing Barriers to Political Participation - Quick Reference Guide to Accessible Constituency, Riding Association, Central Party and Campaign Offices Count Us In: Removing Barriers to Political Participation - Quick Reference Guide to Accessible All Candidates Meetings The Town of Ajax also has numerous materials to educate town staff, local businesses and the general public about accessibility. For more information on the provision of service to persons with disabilities, please visit: http://www.ajax.ca/en/livinginajax/accessibleajax.asp
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