40 (1) Every registered candidate, registered leadership contestant, registered party and registered constituency association shall appoint an auditor or firm who meets the qualifications described in subsection (1.1) within 30 days of receiving at least $10,000 in contributions or incurring expenses of at least $10,000, with respect to an election or leadership contest or with respect to a calendar year for which a financial statement is required, as the case may be, and shall promptly advise the Chief Electoral Officer of the name and address of the auditor or firm. 2021, c. 5, Sched. 2, s. 18 (1); 2021, c. 40, Sched. 7, s. 2. Qualifications (1.1) An auditor or firm appointed under subsection (1) must be an auditor licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act. 2021, c. 5, Sched. 2, s. 18 (1). Idem (2) Where an auditor appointed under subsection (1) ceases for any reason, including resignation, to hold office as such, ceases to be qualified as provided in subsection (1) or becomes ineligible as provided in subsection (3), the candidate, leadership contestant, political party or constituency association, as the case may be, shall forthwith appoint another auditor licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act and shall forthwith advise the Chief Electoral Officer of the name and address of such auditor or firm.  R.S.O. 1990, c. E.7, s. 40 (2); 1998, c. 9, s. 79; 2004, c. 8, s. 46; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 50 (2); 2021, c. 5, Sched. 2, s. 18 (2). Persons not eligible (3) No returning officer, deputy returning officer or election clerk and no candidate or leadership contestant, or chief financial officer of a candidate or leadership contestant, or chief financial officer of a registered party or constituency association shall act as the auditor for the candidate, leadership contestant, registered party or constituency association, but nothing in this subsection makes ineligible the partners or firm with which such a person is associated from acting as an auditor for a candidate or registered party or constituency association or leadership contestant. 2016, c. 22, s. 50 (3); 2021, c. 5, Sched. 2, s. 18 (3). Auditor’s report (4) The auditor appointed under subsection (1) or (2) shall make a report to the chief financial officer of the candidate, leadership contestant, political party or constituency association that appointed the auditor in respect of the financial statements, as required by sections 41 and 42 and shall make such examination of the financial statements and supporting documentation as is necessary to enable the auditor to report thereon in accordance with generally accepted auditing standards.  R.S.O. 1990, c. E.7, s. 40 (4); 2016, c. 22, s. 50 (4); 2021, c. 5, Sched. 2, s. 18 (4). Where statement required (5) An auditor, in the report under subsection (4), shall make such statements as the auditor considers necessary in any case where, (a)  the auditor has not received from the chief financial officer all the information and explanation that he or she has required; or (b)  proper accounting records have not been kept by the chief financial officer so far as appears from the auditor’s examination.  R.S.O. 1990, c. E.7, s. 40 (5). Right of access (6) An auditor appointed under subsection (1) or (2) shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the candidate, leadership contestant, political party or constituency association that appointed the auditor and is entitled to require from the chief financial officer such information and explanation as in the auditor’s opinion may be necessary to enable the auditor to report as required by subsection (4).  R.S.O. 1990, c. E.7, s. 40 (6); 2016, c. 22, s. 50 (5); 2021, c. 5, Sched. 2, s. 18 (5). Auditor’s subsidy (7) The Chief Electoral Officer shall subsidize the cost of auditors’ services for political parties, constituency associations, candidates and leadership contestants by paying, in respect of audits required by subsection (4) in the amount that is the lesser of the following: 1.  The amount of the auditor’s account to the political party, constituency association, candidate or leadership contestant. 2.  $2,000. 2021, c. 5, Sched. 2, s. 18 (6). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 71 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999 2004, c. 8, s. 46, Table
- 01/11/2005 2007, c. 15, s. 40 (1)
- 04/06/2007 2016, c. 22, s. 50 (1-11)
- 01/01/2017 2021, c. 5, Sched. 2, s. 18 (1-6) - 19/04/2021; 2021, c. 40, Sched. 7, s. 2 - 09/12/2021