Item - 2023.EA2.4

The Compliance Audit Committee rejected the application for a compliance audit of the Election Campaign Finances of Vivian Parker.

1. The Compliance Audit Committee met on July 13, 2023 to hear Item EA2.4, the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Vivian Parker.

2. The Applicant appeared before the Committee and provided submissions related to the Application.

3. The Applicant provided information to the Committee to support the Applicant’s belief that the Respondent contravened provisions of the Municipal Elections Act, 1996 relating to election campaign finances. The Applicant highlighted that the candidate was in default and the penalties in 88.23(2) have already been imposed.

4. The Applicant raised concerns relating to the Respondent’s compliance with the Act. In particular these related to:

a. That the Respondent did not file a financial statement by March 31, 2023, as required by the Municipal Elections Act, 1996;

b. That the campaign used a GoFundMe fundraiser that raised some contributions over $100 and details regarding those contributions must be disclosed; and

c. That under section 88.8(8) of the Municipal Elections Act, 1996 contributions of more than $25 must not be received anonymously.

5. The Committee then provided the Respondent with the opportunity to respond. The Respondent spoke to the issues raised in the Application and indicated that extenuating factors impacted the Respondent's ability to meet the obligations in the Municipal Elections Act, 1996. The Respondent indicated regret for these actions, however, has shown a disregard for the campaign finance rules that are fundamental to a fair and equal electoral process.

6. In this instance, the Respondent has already defaulted and the penalties in 88.23(2) have already been imposed. This includes a prohibition on the Respondent being eligible to be a candidate for municipal office until after the 2026 municipal election. These penalties are significant and given that the candidate has already received them, it is not in the public interest to require an audit.

7. The Committee has discretion to determine whether to grant or reject an application. After consideration of the evidence provided, the Committee concluded that there were breaches of the Act. Due to the level of materiality of the breaches and the Respondent's actions to try to correct the breaches a compliance audit is not warranted as an audit would not provide any further clarity about the breaches.

8. For the reasons stated above and in accordance with s. 88.33(7) of the Act the Committee rejected the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Vivian Parker.

The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA2.4 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Vivian Parker and to receive advice that is subject to solicitor-client privilege.

Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Vivian Parker for City Councillor Ward 24 Scarborough-Guildwood.