Information Session Mayoral

and Councillor Candidates

Presentation of City Solicitor, Patricia Warwick

September 2016

Campaign Disclosure

Requirements and

Spending Limits

Bylaw No. 8491, The Campaign Disclosure and

Spending Limits Bylaw, 2006

The Bylaw

• The Province of Saskatchewan has allowed Municipal Councils to establish election campaign spending limits and to establish disclosure requirements for campaign contributions and expenses for candidates running for Municipal Office

• The City of Saskatoon has passed Bylaw No. 8491, The Campaign Disclosure Spending Limits Bylaw, 2006 to regulate these items

• These requirements are for candidates for Mayor and City Councillor only

Campaign Expense Limit – General Election 2016

Candidates for Mayor

• The maximum allowable campaign expenses for Mayoralty Candidates for the 2016 General Election are $200,749.56

• The maximum allowable campaign expenses of a Mayoral Candidate are calculated by application of the following formula:

MCE = $0.75 x (IE IB) x P

MCE = Mayoral Candidate’s Expenses

$0.75 = allowable campaign expense per capita

IE = CPI for City up to March 1 of an Election Year (For 2016: 132.7)

IB = CPI for the City for 2012 up to October 1 (For 2016: 125.2)

P = Total Population of the City (as established by the most recent Municipal Wards Commission) (For 2016: 252,538)

Campaign Expense Limit –

General Election 2016

Candidates for City Councillor

• The maximum allowable campaign expenses for

Councillor Candidates for the 2016 General

Election are $20,074.96

• The maximum allowable campaign expenses of

a Councillor Candidate are 10% of the maximum

allowable expenses of a Mayoralty Candidate

Disclosure Requirements for Campaign

Contributions & Expenses

• All candidates must disclose their campaign contributions and expenses by filing a Statement of Election Expenses/Contributions with the Returning Officer:

– For Mayoral Candidates: this must be filed within 4 months following the election date

– For Councillor Candidates: this must be filed within 3 months following the election date

• The Statement of Election Expenses/Contributions is a publicdocument kept by the City Clerk. Statement of Election Expenses/Contributions includes 3 forms which must be completed

Schedule “A”• Provides a statement of

total campaign contributions and expenses

• For surpluses, the Candidate must disclose how the surplus funds will be used

• There is a City Council resolution which states that candidates may not accept a tax receipt for charitable donations which come from surplus election campaign contributions

Schedule “B”

• Must list campaign contributions from contributors over a certain amount

• For the period up to and including May 31, 2016 the names of contributors and the amount of contributions over $250 must be disclosed

• For the period after and including June 1, 2016 the names of the contributors and the amount of contributions over $100 must be disclosed

Schedule “C”• Provides itemized list of

campaign expenses and contributions

• Mayoral Candidates must have this form audited by a Chartered Professional Accountant before filing with the Returning Officer

• Costs of the audit are reimbursed under s. 6 of the Bylaw:

– For campaign expenses less than $5,000 it is the lesser of $750 or the actual cost of the audit, plus GST

– For campaign expenses more than $5,000, it is the lesser of $2,000 or the actual cost of the audit, plus GST

Record Keeping• All candidates are required to keep and retain proper

accounting records of all campaign contributions and

expenses

• All candidates are required to keep records of receipts

and expenses and to track the value of contributions

whether in the form of money, goods or services and the

name and address of the contributor

• Candidates may not accept anonymous donations

– If an anonymous donation is received, the candidate shall not

use the donation but shall donate it to the registered charity of

the candidate’s choice

Fundraising Events

• All contributions received at fundraising events and all

costs associated with those events must be disclosed on

the Statement of Expenses/Contributions

• The costs associated with a fundraising event are not

required to be considered a campaign expense for the

purpose of calculating maximum allowable expenses

• Receipts must be issued for all funds received (includes

ticket purchases, money given in general collection and

money solicited from attendees), related to a fundraising

event and all expenses related to such an event

Fundraising Events (continued)

• Where the price of a ticket exceeds the cost per ticket of the event,

the excess shall be considered a campaign contribution

– If the excess is $100 or more, the name of the ticket purchaser must be

included in the list of campaign contributors (effective June 1, 2016)

• The name of every person who contributes $100 or more in general

collection or solicitation of money at a fundraising event must be

included in the list of campaign contributors (effective June 1, 2016)

• The City Clerk (or any other person appointed by City Council) has

the authority to audit a candidate’s records with respect to

fundraising events

Definitions

• Election Contribution Period:

– Means the period between January 1 of the year

following the preceding general election and ending

on December 31 of the year of the next general

election

– For the 2016 General Election, the Election

Contribution Period is January 1, 2013 to December

31, 2016

– All contributions received during the Election

Contribution Period are subject to the record keeping

and disclosure requirements of the Bylaw

Definitions (continued)

• Campaign Contribution:

– “Means any money paid, or any donation in kind provided,

to or for the benefit of a candidate during the election

contribution period for the purpose of financing an election

campaign, including revenue raised from a fundraising

event by the sale of tickets or otherwise, but does not

include volunteer labour or services”

• Donation in Kind:

– “Means the fair market value of goods and services

donated or provided by or on behalf of a candidate for the

purpose of an election but does not include volunteer

labour or services”

Definitions (continued)• Campaign Expense:

– “Means the cost of goods and services and the value of any donation in kind, used by or for the benefit of the candidate during the election expenses period for the purpose of a candidate’s election campaign, regardless of whether those costs are incurred, or the donation in kind provided, before, during or after the election expenses period, but does not include audit fees, volunteer labour or services”

• Election Expense Period:– Means the period beginning on August 1 of an election

year and ending on October 31 of an election year

– For the 2016 General Election, the Election Expense Period is August 1, 2016 to October 31, 2016

Election Disclosure Complaints• City Council has designated an Election Disclosure

Complaints Officer to investigate complaints made of false, misleading or incomplete disclosure of election contributions or expenses

• Complaints must be made in writing to the City Clerk, who forwards them to the Election Disclosure Complaints Officer

• The Returning Officer may also refer a matter to the Election Disclosure Complaints Officer for investigation if the campaign expense/contribution disclosure appears to be falsified or suspicious

• Section 18 of the Bylaw outlines the Investigation Procedure

Election Disclosure Complaints (continued)

• Decision of the Election Disclosure Complaints Officer is final

• Election Disclosure Complaints Officer has the discretion whether or not to investigate a complaint in accordance with section 20 of the Bylaw

• After the General Election, the Election Disclosure Complaints Officer reports publicly to City Council on the number of complaints received, general nature of complaints received and resolution of the complaints

• However, particulars of complaints received are confidential unless release of the information is required pursuant to The Local Authority Freedom of Information and Protection of Privacy Act

Enforcement• If found to be in contravention of the Bylaw, for a first offence, the

offender could face a fine of not more than $5,000

• In the case of a continuing offence, a further fine of not more than $5,000 could be imposed for each day the offence continues

• In addition to a fine, a judge may order an offender to pay the costs associated with the investigation of the matter and may order compliance with the Bylaw

• In addition to these penalties, if a candidate who is elected has been found to be in contravention of the Bylaw, the candidate is disqualified from Council and must resign - unless it is found by a judge of the Court of Queen’s Bench that the offence was by reason of an honest mistake or through inadvertence

• The period of disqualification from Office is 12 years

Questions/Comments