88.33 (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate’s election campaign finances, even if the candidate has not filed a financial statement under section 88.25. 2016, c. 15, s. 63. Requirements (2) An application for a compliance audit shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office, and it shall be in writing and shall set out the reasons for the elector’s belief. 2016, c. 15, s. 63. Deadline for applications (3) The application must be made within 90 days after the latest of the following dates: 1.  The filing date under section 88.30. 2.  The date the candidate filed a financial statement, if the statement was filed within 30 days after the applicable filing date under section 88.30. 3.  The candidate’s supplementary filing date, if any, under section 88.30. 4.  The date on which the candidate’s extension, if any, under subsection 88.23 (6) expires. 2016, c. 15, s. 63. Compliance audit committee (4) Within 10 days after receiving the application, the clerk of the municipality or the secretary of the local board, as the case may be, shall forward the application to the compliance audit committee. 2016, c. 15, s. 63. Notice of meetings (5) Reasonable notice of the meetings of the committee under this section shall be given to the candidate, the applicant and the public. 2017, c. 20, Sched. 10, s. 1. Open meetings (5.1) The meetings of the committee under this section shall be open to the public, but the committee may deliberate in private. 2017, c. 20, Sched. 10, s. 1. Same (6) Subsection (5.1) applies despite sections 207 and 208.1 of the Education Act. 2017, c. 20, Sched. 10, s. 1. Decision of committee (7) Within 30 days after the committee has received the application, the committee shall consider the application and decide whether it should be granted or rejected. 2016, c. 15, s. 63. Same (8) The decision of the committee to grant or reject the application, and brief written reasons for the decision, shall be given to the candidate, the clerk with whom the candidate filed his or her nomination, the secretary of the local board, if applicable, and the applicant. 2016, c. 15, s. 63. Appeal (9) The decision of the committee under subsection (7) may be appealed to the Superior Court of Justice within 15 days after the decision is made, and the court may make any decision the committee could have made. 2016, c. 15, s. 63. Appointment of auditor (10) If the committee decides under subsection (7) to grant the application, it shall appoint an auditor to conduct a compliance audit of the candidate’s election campaign finances. 2016, c. 15, s. 63. Same (11) Only auditors licensed under the Public Accounting Act, 2004
or prescribed persons are eligible to be appointed under subsection (10). 2016, c. 15, s. 63. Duty of auditor (12) The auditor shall promptly conduct an audit of the candidate’s election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate. 2016, c. 15, s. 63. Who receives report (13) The auditor shall submit the report to the candidate, the clerk with whom the candidate filed his or her nomination, the secretary of the local board, if applicable, and the applicant. 2016, c. 15, s. 63. Report to be forwarded to committee (14) Within 10 days after receiving the report, the clerk of the municipality or the secretary of the local board shall forward the report to the compliance audit committee. 2016, c. 15, s. 63. Powers of auditor (15) For the purpose of the audit, the auditor, (a)  is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things of the candidate and of the municipality or local board; and (b)  has the powers set out in section 33 of the Public Inquiries Act, 2009 and section 33 applies to the audit. 2016, c. 15, s. 63. Costs (16) The municipality or local board shall pay the auditor’s costs of performing the audit. 2016, c. 15, s. 63. Decision (17) The committee shall consider the report within 30 days after receiving it and, if the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, the committee shall decide whether to commence a legal proceeding against the candidate for the apparent contravention. 2016, c. 15, s. 63. Notice of decision, reasons (18) The decision of the committee under subsection (17), and brief written reasons for the decision, shall be given to the candidate, the clerk with whom the candidate filed his or her nomination, the secretary of the local board, if applicable, and the applicant. 2016, c. 15, s. 63. Immunity (19) No action or other proceeding for damages shall be instituted against an auditor appointed under subsection (10) for any act done in good faith in the execution or intended execution of the audit or for any alleged neglect or default in its execution in good faith. 2016, c. 15, s. 63. Saving provision (20) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances. 2016, c. 15, s. 63. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 63 - 09/06/2016 2017, c. 20, Sched. 10, s. 1 - 14/11/2017