Financial Reporting Requirements

All candidates (including acclaimed or withdrawn candidates) are required to file a financial statement using the prescribed form. It is good practice for campaigns to review the Financial Statement Form (please use Internet Explorer to access this Provincial form) prior to incurring any contributions or expenses, and arrange their accounts, spreadsheets, and ledgers according to the various categories that are required to be reported on the form. Candidates, whose campaign contributions and total expenses exceeded $10,000.00 are required to file an auditor's report with their financial statement that has been prepared by an auditor licenced under the Public Accounting Act. Financial statements are due to the Clerk at Town Hall (6311 Old Church Road, Caledon ON) between January 3, 2023 and 2:00 p.m. on March 31, 2023. 

Complete and signed financial statements may be filed electronically to legislative.services@caledon.ca during the prescribed filing period (January 3, 2023 - March 31, 2023). The date of the electronic submission shall be the official date received. The original identical paper copy of the financial statements must be delivered to the Clerk within 10 days following the electronic submission. 

There is a 30-day grace period for late filings of Financial Statements until May 1, 2023 at 2:00 p.m., however there is a late filing fee of $500.00.

Candidates seeking advice on completing their financial statements should consult: 

  • The Municipal Elections Act (section 88)
  • The Ministry of Municipal Affairs Candidates Guide
  • External advice (accountant, auditor, lawyer)
  • Your Previous Campaign's Financial Statement (if applicable)

The Clerk may assist candidates by showing 'where' to find assistance, not 'how' to complete your financial statement. It is ultimately the candidate's responsibility to submit a financial statement that is to the best of their knowledge, true and correct. The Clerk may review the final financial statement for completion, not accuracy. 

Failure to submit a financial statement will find the candidate in default of the Municipal Elections Act. Penalties include:

  • The candidate forfeits the office to which he or she was elected and the office shall be deemed to be vacant; and
  • Until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which the Municipal Elections Act applies

If a candidate fails to file a required financial statement or auditor's report (or any other document required under Section 78 or 79.1 of the Municipal Elections Act, 1996), fails to pay over a surplus or exceeds the spending limit for the office, the candidate forfeits any office to which he or she was elected and the office is deemed to be vacant. The penalties will take effect on the deadline for the filing of the documents. If the candidate applies to the Ontario Court of Justice for an extension of time to file the financial statement and fails to file the documents by the date established by the Court, the penalties will take effect at the end of the period of extension. 

Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows:

91. (1) If a person is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to and election to which this Act applies, then, in addition to any other penalty provided for in this Act,

(a) Any office to which the person was elected is forfeited and becomes vacant; and 

(b) The person is ineligible to be nominated for, or elected or appointed to, any office until the next two regular elections have taken place after the election to which the offence relates. 

Exception:

(2) However, if the presiding judge finds that the person committed the corrupt practice or offence under the Criminal Code (Canada) without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply.

92. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to any other penalty provided for in this Act.

92. (5) A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 80(2) if he or she,

(a) Files a document under section 78 or 79.1 that is incorrect or otherwise does not comply with that section; or

(b) Incurs expenses that exceed what is permitted under section 76

Note: The entire Financial Report is considered a public document. These documents may be inspected by any person upon request to the Clerk during normal business hours and are also available online. Any person may make extracts from the documents and is entitled to copies of the documents upon payment for their preparation, at such rates as the Clerk may determine. 

All financial reports are posted on the Town's website. This includes a listing of the names and addresses of all contributors. You may wish to consider advising contributors that their personal information will be public and displayed on the Town's website after the election. The information remains on the website until after the next municipal election. 

Campaign Period and Filing Deadline Extensions 

Candidates wishing to extend their campaign period beyond January 3, 2023 (allowing you to continue making expenses and receiving contributions up until June 30, 2023), should have notified the Clerk in writing on the prescribed Form provided within the Candidates Package on the day of filing, advising of your request, on or before 4:30 p.m., January 3, 2023. Candidates who have done this must file two financial statements:

  • The initial filing, which details all campaign finances from the day the nomination was filed until January 3, 2023 (due by 2:00 p.m. on March 31, 2023)
  • The supplementary filing, which details all campaign finances from the day the nomination was filed until June 30, 2023 (due by 2:00 p.m. on September 29, 2023)

On or before March 30, 2023, a candidate may apply to the Superior Court of Justice to extend the time for filing a financial statement. If the court is satisfied there are mitigating circumstances justifying a later date for filing the document. The court may grant an extension for the minimum period of time necessary to enable the candidate to file the document, but the court shall not grant an extension of more than 90 days. If a candidate makes an application to the Court, the candidate shall notify the Clerk in writing before 2 p.m. on the last day for filing a financial statement (March 31).

Candidates may file after the March 31, 2023, 2:00 p.m. deadline up until May 1, 2023 at 2:00 p.m., if their Financial Statement is accompanied by a $500.00 fee to avoid penalties under the Municipal Elections Act.