Item - 2019.EA5.4

The Compliance Audit Committee:

Has decided not to commence legal proceedings against Bilal Ahmad.

1. The Compliance Audit Committee met on November 7, 2019 to hear Item EA5.4 - Bilal Ahmad - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act.
 

2. Section 88.34(2) of the Municipal Elections Act, 1996 requires the City Clerk to prepare a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits under Section 88.9.

 
3. Section 88.9(1) of the Municipal Elections Act, 1996 states that a contributor shall not make contributions exceeding a total of $1,200 to any one candidate in an election.

 
4. Attachment 1 to the report (October 22, 2019) from the City Clerk identified Bilal Ahmad as a contributor that appeared to have exceeded the $1,200 contribution limit to the election campaign of Khuram Aftab. Specifically, Attachment 1 to the report (October 22, 2019) from the City Clerk  identified Bilal Ahmad to have contributed $2,000 to the election campaign of Khuram Aftab.

 
5. The auditor, BDO Canada LLP, explained their report, attached as Attachment 1 to the report (October 22, 2019) from the City Clerk , setting out the audit process and the findings with respect to Bilal Ahmad.

6. The contributor was not present. The candidate appeared before the Compliance Audit Committee and spoke to the matter. Written submissions from both the contributor and the candidate were also considered by the Compliance Audit Committee.
 

7. For the reasons stated below, the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Bilal Ahmad for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contributions made to the campaign of Khuram Aftab.
 

There was a contravention of the contribution limit because the individual made a contribution of $2,000 which exceeded the applicable limit but that over-contribution appears to have been made in error. However, we find this error unusual because, according to his written submission, the contributor is a professional electrical engineer who researched this information himself on the City's website, where the maximum contribution of $1,200 is set out. Nonetheless, the contributor recognizes that an over-contribution was made.

The Committee considers that it is the candidate's responsibility to monitor the contribution limits. The candidate was provided with written material by the Clerk outlining the contribution limits. Additionally, the Clerk offered multiple training sessions to candidates. 

The Compliance Audit Committee considered Items EA5.4, EA5.5, EA5.6, EA5.7 and EA5.8 together.

Peter Hern, BDO Canada LLP gave a presentation on Bilal Ahmad - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act.

The Compliance Audit Committee recessed its public session to meet in two closed sessions to deliberate in private on Item EA5.4 - Bilal Ahmad - A Contributor in the 2018 Municipal Election who Appears to have Contravened Contribution Limits under Section 88.9 of the Municipal Elections Act and to receive advice that is subject to solicitor-client privilege.

The City Clerk is sending an external auditor's report to the Compliance Audit Committee for consideration. The auditor completed its review of initial financial statements filed and identified Bilal Ahmad as a contributor who appears to have exceeded the contribution limits in the Municipal Elections Act, 1996 (Municipal Elections Act). Within 30 days of receiving this report, the Compliance Audit Committee is required to decide whether to: (1) commence legal proceedings against the contributor for an apparent contravention; or (2) not to commence legal proceedings against the contributor for an apparent contravention. The Committee must also provide brief written reasons for its decision. 

The Municipal Elections Act requires the City Clerk to review all contributions reported in financial statements submitted by candidates and registered third party advertisers in the 2018 municipal election and to prepare a separate report for each contributor who appears to have exceeded any of the contribution limits. The City Clerk retained an external auditor, BDO Canada LLP, through a competitive procurement process, to review all candidates and registered third party advertisers' financial statements and report on each apparent over-contribution.