Municipal Election

Joint Compliance Audit Committee Terms of Reference

TERMS OF REFERENCE

York Region District School Board and York Catholic District School Board
Joint Board Election Compliance Audit Committee

The Joint Board Election Compliance Audit Committee is a mechanism that allows both York Region School Boards, in an expedient and cost-efficient manner, to adhere to the requirements set out in the Municipal Elections Act, 1996, as amended. 

Mandate
The mandate of the Committee is set out in Section 88 of the Municipal Elections Act, 1996, as amended.

1. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the
   compliance audit application and decide whether it should be granted or rejected.
2. If the application is granted, the Committee shall appoint an auditor to conduct a compliance audit of the candidate’s election campaign finances.
3. The Committee will review the auditor’s report within 30 days of receipt and decide whether legal proceedings should be commenced.
4. If the auditor’s report indicates that there were no apparent contraventions and if there appears there were no
   reasonable grounds for the application, the Committee shall advise the local Board accordingly.

School board trustees or candidates, staff members or registered third parties are not eligible to be appointed to the Committee. Should an appointed member accept employment with either local school board, cease to be a member of the board’s Audit Committee, or register as a candidate with either school board, their appointment will be terminated.

All committee members must agree in writing that they will not work for, or provide advice to, any candidate running for the office of school trustee. To avoid any potential conflict of interest, applicants with accounting or auditing backgrounds must agree in writing that they will not offer their services to any municipal election candidates.

Anyone who has participated as a candidate or who has conducted audits or provided financial advice in respect of such campaigns would be disqualified from participation on the Committee. 

Composition
The Committee shall be comprised of the four external community representatives who comprise the respective boards’ Audit Committees.

Three members from the Committee will consider each request (if received) for an audit of a trustee candidate’s
campaign finances. This would be comprised of one external community member from the Audit Committee of the board that is requesting the audit and two external community members from the coterminous board’s Audit Committee.

Term
The term of the Committee is the same as the four-year term of the school board trustees. Because the Board’s external Audit Committee members are appointed for an initial three-year term, with the possibility of one additional three-year term, they will be automatically appointed to the Board’s Election Compliance Audit Committee when they commence their term with the Audit Committee.

Chair
The three-member committee called to hear a request for compliance audit shall select one of its members to act as Chair at the first meeting.

Proposed Meeting Schedule
The Committee shall meet as needed when a compliance audit application is received, with meetings to be scheduled by the Chief Executive Officer, Finance Services and Trustee Services, in consultation with the Chief Operating and Financial Officer and Committee members.

Staff Support
Finance Services staff shall provide administrative support to the Committee.

Remuneration
$350 – Per Diem rate for participating members (board from which application is received will cover these costs).
Mileage – will be paid for by the board from which the application is received for all members, in accordance with the Board’s approved Expenses policy.

Reimbursements of Costs
• Each board is responsible for paying the auditor’s costs of performing an audit respective to their own board.
• Each board is responsible for paying all costs in relation to the Committee’s operation and activities related to their
  respective board.

History
Approved: September 27, 2010
Revision Approved: September 12, 2018
Revision Approved: August 30, 2022
Revision Approved: September 15, 2026