Item - 2023.EA3.1
Tracking Status
- This item was considered by Compliance Audit Committee on July 19, 2023 and was adopted with amendments.
EA3.1 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Sandeep Srivastava
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Statutory - Municipal Elections Act, SO 1996
Committee Decision
The Compliance Audit Committee rejected the application for a compliance audit of the Election Campaign Finances of Sandeep Srivastava.
1. The Compliance Audit Committee met on July 19, 2023 to hear Item EA3.1 the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Sandeep Srivastava.
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.
4. The Applicant raised concerns relating to the Respondent’s compliance with the Act. In particular these related to:
a. That the campaign received no revenues and incurred $4,584.97 in expenses and that as a result, the Applicant alleges that expenses were not paid from a campaign account as required by the Municipal Elections Act.
5. The Committee then provided the Respondent with the opportunity to respond. The Respondent spoke to the issues raised in the Application.
6. The Respondent indicated that he was not aware of the obligation to comply with certain financial requirements. It is the individual's duty to understand their legal requirements when they become a candidate for election and there are many resources available to assist. Ignorance of the rules is not a compelling reason to avoid compliance of the legislative regime. However, the Committee understands that the Respondent has recognized that mistakes were made and the Committee is satisfied that these were not intentional.
7. After considering the entirety of the circumstances, the Committee has discretion to determine whether to grant or reject an application even in circumstances where there are reasonable grounds that a breach has occurred. This has been recognized by the Court in Lancaster v. Compliance Audit Committee et al., 2012 ONSC 5629. In that case, 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 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, Sandeep Srivastava.
Decision Advice and Other Information
The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA3.1 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Sandeep Srivastava and to receive advice that is subject to solicitor-client privilege.
Summary
Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Sandeep Srivastava for Mayor.
Background Information
https://www.toronto.ca/legdocs/mmis/2023/ea/bgrd/backgroundfile-238302.pdf
Speakers
Sandeep Srivastava
Motions
9:51 a.m. - That the Compliance Audit Committee recess its public session to meet in closed session to deliberate in private on Item EA3.1 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Sandeep Srivastava and to receive advice that is subject to solicitor-client privilege.
That:
The Compliance Audit Committee reject the application for a compliance audit of the Election Campaign Finances of Sandeep Srivastava.
1. The Compliance Audit Committee met on July 19, 2023 to hear Item EA3.1 the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Sandeep Srivastava.
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.
4. The Applicant raised concerns relating to the Respondent’s compliance with the Act. In particular these related to:
a. That the campaign received no revenues and incurred $4,584.97 in expenses and that as a result, the Applicant alleges that expenses were not paid from a campaign account as required by the Municipal Elections Act.
5. The Committee then provided the Respondent with the opportunity to respond. The Respondent spoke to the issues raised in the Application.
6. The Respondent indicated that he was not aware of the obligation to comply with certain financial requirements. It is the individual's duty to understand their legal requirements when they become a candidate for election and there are many resources available to assist. Ignorance of the rules is not a compelling reason to avoid compliance of the legislative regime. However, the Committee understands that the Respondent has recognized that mistakes were made and the Committee is satisfied that these were not intentional.
7. After considering the entirety of the circumstances, the Committee has discretion to determine whether to grant or reject an application even in circumstances where there are reasonable grounds that a breach has occurred. This has been recognized by the Court in Lancaster v. Compliance Audit Committee et al., 2012 ONSC 5629. In that case, 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 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 shall reject the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Sandeep Srivastava.