Item - 2023.EX2.5
Tracking Status
- City Council adopted this item on February 7, 2023 without amendments.
- This item was considered by Executive Committee on January 31, 2023 and was adopted with amendments. It will be considered by City Council on February 7, 2023.
- See also 2023.MM2.15
- See also By-law 126-2023
EX2.5 - Ensuring Transparency in the 2022 Election: Amending the Contribution Rebate Program
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on February 7 and 8, 2023, adopted the following:
1. City Council amend Schedule A of Municipal Code Chapter 53, Elections, by adding an additional requirement under Section 2 (Candidate's Obligations) subsection B (Include with all audited financial statements): "(3) A copy of all campaign invoices" to take effect for future by-elections and general elections.
2. City Council direct the City Clerk to inform all candidates for Mayor and City Councillor of this change by any means the City Clerk deems appropriate.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-233872.pdf
Motions (City Council)
That City Council delete Executive Committee Recommendation 1:
Recommendation to be deleted:
1. City Council amend Municipal Code Chapter 53, Elections, by adding an additional requirement under Section 2 (Candidate Obligations) subsection B (Include with all audited financial statements): “3) A copy of all campaign invoices" to take effect for future by-elections and general elections.
and adopt instead the following new Recommendation 1:
1. City Council amend Schedule A of the Municipal Code Chapter 53, Elections, by adding an additional requirement under section 2 (Candidate Obligations) subsection B (Include with all audited financial statements): “3) A copy of all campaign invoices" retroactive to the 2022 municipal election campaign finances.
Vote (Amend Item) Feb-08-2023 5:36 PM
| Result: Lost | Majority Required - EX2.5 - Fletcher - motion 1 |
|---|---|
| Total members that voted Yes: 10 | Members that voted Yes are Alejandra Bravo, Shelley Carroll, Paula Fletcher, Stephen Holyday, Ausma Malik, Josh Matlow, Chris Moise, Amber Morley, Gord Perks, Dianne Saxe |
| Total members that voted No: 16 | Members that voted No are Paul Ainslie, Brad Bradford, Jon Burnside, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Nick Mantas, Jennifer McKelvie, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that were Absent: 0 | Members that were absent are |
Vote (Adopt Item) Feb-08-2023 5:37 PM
| Result: Carried | Majority Required - EX2.5 - Adopt the Item |
|---|---|
| Total members that voted Yes: 26 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 0 | Members that were absent are |
In response to remarks by Councillor Nunziata, Councillor Fletcher, rising on a Point of Privilege, stated that, at committee, it was Councillor Pasternak who brought that motion and there was a motion there from Council, and staff did not countermand that; they simply gave Councillor Pasternak an alternative. Councillor Fletcher further stated that she was very troubled by Councillor Nunziata saying Members are impugning staff.
Councillor Nunziata, rising on a Point of Privilege, stated that one of the questions that was asked to staff was if that was staff's recommendation at committee, and staff said yes, so she heard that from staff.
EX2.5 - Ensuring Transparency in the 2022 Election: Amending the Contribution Rebate Program
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council amend Municipal Code Chapter 53, Elections, by adding an additional requirement under Section 2 (Candidate Obligations) subsection B (Include with all audited financial statements): “3) A copy of all campaign invoices" to take effect for future by-elections and general elections.
2. City Council direct the City Clerk to inform all candidates for Mayor and City Councillor of this change by any means the City Clerk deems appropriate.
Origin
Summary
City Council on December 14 and 15, 2022, referred Motion MM2.15 to the Executive Committee for further consideration.
Beginning with the 2003 election and in every election until 2021, City Council maintained the requirement that all participants in the Contribution Rebate Program submit copies of all campaign invoices. These invoices reside in the City Clerk’s Office and may be inspected by any individual. According to a 2002 staff report, Members of Council added the requirement to provide copies of invoices due to concern for the “lack of documentation of campaign expenses” that was otherwise available.
On October 1, 2021, City Council adopted the recommendations of a report entitled, “Mail-In Voting and Contribution Rebate Programs in the 2022 General Municipal Election.” The recommendations regarding the Contribution Rebate Program eliminated the requirement for candidates to provide copies of all campaign invoices.
While the requirement to submit copies of invoices was removed, candidates are still required by the Municipal Elections Act to maintain invoice records privately.
It is not too late to amend Municipal Code Chapter 53, Elections, to include the requirement to submit copies of all invoices for the 2022 election cycle. As candidates are required by law to maintain those records, they will still be available to submit with initial audited financial statements. The first deadline for initial audited financial statements is March 31, 2023. Any candidate that submits their initial audited financial statements before becoming aware of the need to submit copies of all invoices will have the opportunity to amend their filing any time before their deadline to file (including the statutory grace period).
Background Information
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-233872.pdf
Speakers
Motions
That Recommendation 1 by amended by deleting the words "retroactive to the 2022 municipal election campaign finances" and inserting the words "to take effect for future by-elections and general elections" so that it now reads:
1. City Council amend Municipal Code Chapter 53, Elections, by adding an additional requirement under section 2 (Candidate Obligations) subsection B (Include with all audited financial statements): “3) A copy of all campaign invoices" retroactive to the 2022 municipal election campaign finances to take effect for future by-elections and general elections.