2. MUNICIPAL ELECTIONS – CONTRIBUTION
REBATE PROGRAM
ÉLECTIONS MUNICIPALES –
PROGRAMMES DE REMISES DE CONTRIBUTIONS
COMMITTEE RECOMMENDATION
That
Council direct staff to include the
establishment of a separate contribution rebate reserve fund as part of the
2011 and subsequent budgets to cover the costs associated with the contribution
rebate program, and that surplus funds from municipal candidates be directed to
that reserve fund.
Recommandation DU Comité
Que le Conseil dirige le personnel d’inclure l’établissement d’un fonds
de réserve des remises de contributions dans le cadre des budgets de 2011 et
ultérieurs afin de couvrir les coûts liés au programme de remises de
contributions et que les fonds excédentaires des candidats municipaux soient affectés
audit fonds de réserve.
Documentation
1.
Corporate Services and Economic Development
Committee report dated 4 January 2010 (ACS2010-CMR-CCB-0003)
Corporate Services and Economic Development
Committee
Comité des services organisationnels et du développement économique
and Council / et au Conseil
4 January 2010 / 4 janvier
2010
Submitted by/Soumis par : M. Rick O'Connor
City
Clerk and Solicitor/Greffier et Chef du contentieux
Contact
Person/Personne ressource : Cathy
Bergeron, Manager, Elections & MFIPPA
Gestionnaire, Élections
& LAIMPVP
(613) 580-2424 x44127,
cathy.bergeron@ottawa.ca
SUBJECT:
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OBJET :
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élections municipales – PRoGRAMMES DE
REMISES DE CONTRIBUTIONS |
That the Corporate Services and Economic Development Committee
recommend that City Council direct
staff to include the establishment of a separate contribution rebate reserve
fund as part of the 2011 and subsequent budgets to cover the costs associated
with the contribution rebate program, and that surplus funds from municipal
candidates be directed to that reserve fund.
Que le Comité des services organisationnels et du développement économique recommande au Conseil d’enjoindre le personnel d’inclure l’établissement d’un fonds de réserve des remises de contributions dans le cadre des budgets de 2011 et ultérieurs afin de couvrir les coûts liés au programme de remises de contributions et que les fonds excédentaires des candidats municipaux soient affectés audit fonds de réserve.
The Municipal Elections Act, 1996 (“MEA”), enacted in December 1996, included a new provision (Section 82) that permitted municipalities to establish a rebate program for contributions to candidates for office on the municipal council. Subsequently, the Town of Ajax and the amalgamated City of Toronto established contribution rebate programs for the 2000 election. However, this option was not considered by the City of Ottawa in 2000 as that election was overseen by the Ottawa Transition Board due to amalgamation.
On April 2,
2002, the Corporate Services and Economic Development Committee considered a
report from Councillor Hume entitled “Municipal Elections Act - Contribution Rebate
Program” (ACS2002-CCS-CSE-0005).
This report identified that the
primary objective in establishing a contribution rebate program (for campaign
contributions made by individual persons) would be to level the playing field
between corporate and individual contributions.
It was believed that such a program could act as an incentive to
encourage more individuals to make contributions and become more involved in
the democratic process. The report also anticipated
that the increase of contributions made by individuals could result in reducing
the apparent dominance of corporate campaign contributions to municipal
campaigns. The Corporate Services and
Economic Development Committee directed staff to prepare a more
detailed report setting out the available options with respect to the
establishment of a contribution rebate program in the City of Ottawa pursuant
to Section 82 of the Municipal Elections Act, 1996 in time for the
2003 municipal election.
At its meeting of November 19, 2002, the Corporate Services and Economic Development Committee, considered the staff report and made the following recommendations to Council:
That Council approve:
1. A
contribution rebate program, similar to the Town of Ajax model, such that:
a)
Only individual contributions are eligible for rebate;
b)
Minimum contributions of $50.00;
c) If the contribution is $50.00 and not more than $150.00 the rebate is 75%;
d) If
the contribution is greater than $150.00 the rebate is $75.00 plus 50% of the
difference between the total contribution and $300.00.
2. That
the City of Ottawa Council request the provincial government amend the Election
Finances Act and the federal government amend the Income Tax Act,
to ensure a level playing field by way of returning rebates to taxpayers as a
deduction from income tax, for municipal campaign contributions.
On November 27, 2002, Council approved the Committee recommendation and on February 12, 2003 enacted By-law 2003-26 to authorize the payment of rebates to individuals who make contributions to candidates for office on the municipal council. The By-law was to be in effect only for the 2003 municipal election.
Furthermore, staff approached both the Federal and Provincial governments and requested, on behalf of Council, that changes be made to legislation that would authorize municipal election contributions to be deducted from income tax. Requests to both governments were rejected based on the rationale that each level of government is responsible for its own elections. Under the Income Tax Act, the Federal Government allows a deduction of federal political contributions against federal income tax. The Provincial Government makes provision for the Ontario political contribution tax credit. Therefore, municipalities in Ontario have been given the authority to establish a rebate program by the provincial government in the MEA, and the funding for such a program is the exclusive responsibility of the municipality. (Note: the Town of Markham has recently made a similar request to the Province of Ontario to issue income tax receipts to municipal election campaign contributors and the City will be monitoring the Province’s response.)
2003
Municipal Election
At the conclusion of the 2003 Municipal Election process, staff conducted an extensive review of the contribution rebate program and on November 1, 2005 submitted an information report (ACS2005-CRS-CCB-0044 – “Review of Municipal Election Contribution Rebate Program”) to the Corporate Services and Economic Development Committee. In that report, staff advised that there were a total of 2,924 contributions made by individuals to participating candidates with a potential rebate to those individuals totalling $395,901.87. The actual number of rebate cheques issued to individuals was 1,660 in the amount of $155,439.95. It was determined that this difference arose from several factors:
· Some contributors chose not to file or failed to file an application for a rebate;
· Some contributed in excess of the Program maximum, including to more than one candidate (the rebate was restricted to the maximum amount of $187.50 per individual contributor); and
· A small amount of the variance arose because some candidates did not file complete financial statements, thereby precluding the payment of rebates on contributions made to these candidates.
Following consideration of the information report, the Corporate Services and Economic Development Committee made the following recommendation to City Council:
WHEREAS the Election Contribution Rebate
Program was approved by City Council for the 2003 municipal election in order
to increase the participation of individuals in election campaign financing and
to reduce the influence of corporate donations;
AND
WHEREAS the majority of funds raised for the 2003 election campaign came from
individual contributors thereby achieving the objective for the Program;
AND
WHEREAS there were no significant problems experienced in the administration of
the Program and no compliance audit requests or other major complaints arose
from it;
THEREFORE
BE IT RESOLVED THAT:
1.
The Corporate Services and Economic
Development Committee recommend to City Council that By-law 2003-26 be amended
so that the Election Contribution Rebate Program will be in effect for the 2006
regular municipal election and for the by-election in Ward 1 – Orléans;
2.
By-law 2003-26 be further amended to make it
applicable to future elections and by-elections until such time as it is
further amended or repealed.
On November 9, 2005, Council approved the recommendation above, and on November 30, 2005 enacted By-law 2005-505 to authorize the payment of rebates to individuals who make contributions to candidates for office on the municipal council. By-law 2005-505 made this program applicable to the Orléans By-Election and the 2006 Municipal Election and remains in force and effect until amended or repealed.
Orléans By-Election
and 2006 Municipal Election
With the conclusion of the rebate program for both the Orléans By-Election and the 2006 Municipal Election, a similar review has been conducted. There were a total of three candidates for the position of Councillor in the Orléans By-Election who participated in the rebate program, which resulted in rebate payments totalling $8,432 to 83 individuals. For the 2006 Municipal Election there were a total of 64 candidates who participated in the rebate program. Of those 64 candidates, 48 complied with the rebate by-law by submitting an audited financial statement. Not all candidates who expressed an intention to participate in the rebate program actually accepted campaign contributions therefore did not file an audited statement.
During the period from January 2007 to May 2008, the Elections Office received approximately 7,400 applications for rebates from 4672 individuals. All rebate applications were verified against receipts submitted with financial statements from participating candidates.
Rebate cheques were issued in accordance with By-law 2005-505. As some candidates chose to extend their campaigns past the initial filing deadline, rebate application deadlines were also extended resulting in the issuance of three (3) separate payment dates. The first series of rebate cheques were issued August 2007 for an amount of $166,431, the second series of cheques were issued December 2007 with a payout of $299,043 and the final series of cheques were issued June 2008 with an amount of $37,858 being paid out. The total rebate cheques issued for the 2006 Municipal Election was 4672 in the amount of $503,332.
Documents 1 and 2 are a synopsis of rebate activity for the 2003 and 2006 elections respectively.
Both documents indicate the potential costs of the programs for each respective election.
Experience
of Ontario Municipalities
Staff is aware of four other municipal election rebate programs in Ontario that were in place for the 2006 elections. Ajax and Toronto first implemented a rebate program in 2000, while Markham, Oakville and Ottawa commenced in 2003. Document 3 – 2006 Municipal Elections – Rebate Program Data provides an overview of the similarities and differences between the rebate programs in each municipality.
The Clerk’s staff of the Town of Oakville, at the request of their Council, conducted a review of their contribution rebate program in 2009. As part of their review they surveyed the municipalities of Ajax, Toronto, Markham and Ottawa to determine whether the rebate program improved the electoral process in those municipalities. The following conclusions were drawn from the responses:
· Voter turnout is more likely to increase due to a highly contested mayoralty race or due to high profile community issues under consideration at the time of the election.
· The number of candidates running for election may increase as a result of population growth, political acumen and remuneration.
· The number of candidates deciding not to solicit contributions from corporations and trade unions is increasing.
· There is no direct evidence to suggest that the rebate program enhanced the election process.
The Town of Oakville Council recently approved a continuation of its rebate program for the 2010 municipal elections with some modifications to its program. One of the major changes was to raise the minimum contribution eligible from $25 to $100. The requirement to provide an audited financial statement has also been removed from the program for Oakville.
Document 4 – Benchmarking of Ontario Municipalities provides information on the municipalities intending to utilize a rebate program for the 2010 elections. There are two municipalities seeking to implement a rebate program in 2010 for the first time. The Town of Whitby has approved, in principle, the establishment of a program pending budget approval. The City of Vaughan has implemented a rebate program that will provide a rebate for 75% of contributions over $50 up to a maximum of $150. In addition, the City of Hamilton was also considering a contribution rebate program. They conducted a public survey to determine whether there was public support for such a program and 88% of the respondents did not support a rebate program (81 responses received over a two-week period). The City of Hamilton’s Audit and Administration Committee received an information report from staff and Hamilton City Council ultimately took no action. The City of Toronto, the Town of Oakville, the Town of Ajax and the Town of Markham will continue to have an election rebate program for the 2010 Municipal Election.
The City of Ottawa’s contribution rebate program has created a budget pressure in the past and will continue to do so in the future as no funds have been allocated to the rebate program. Since 2003, the election reserve fund has paid out, without any additional funding, over $667,000 in rebates, $503,000 being for the 2006 election. If the rebate program continues without a source of funding and with no increase to the election reserve, there will be an estimated budget pressure of $600,000 in the election reserve by the 2014 municipal election.
Should Council continue the rebate program, staff recommends that Council consider establishing a separate reserve fund to cover the costs associated with issuing rebates. An annual payment of $135,000 to a contribution rebate reserve fund would ensure that sufficient funds are available for future rebates.
In addition, on December 15, 2009, the Province enacted Bill 212, which included a number of amendments to the Municipal Elections Act, 1996. One change of note was to Subsection 79 (4) of the Act. Originally, the provision read as follows:
If the candidate’s financial statement or supplementary financial statement shows a surplus exceeding $500 and the election campaign period has ended at the time the statement is filed he or she shall, when the statement is filed, pay the total surplus to the clerk with whom the candidate’s nomination was filed, and the clerk shall hold the amount in trust for the candidate.
Bill 212 repealed the above section and replaced it
with the following:
Subsection 79(4) shall be read as if “the clerk shall hold the amount
in trust for the candidate” were replaced with “the surplus becomes the
property of the municipality” (emphasis added).
The
result of this change is that all campaign surpluses, whether or not a
candidate is successful, become the property of the municipality. Without
further direction from Council, this means that surplus campaign funds would be
used to contribute to the operations of the municipality. Given that most
campaigns receive funds through donations, staff believes that directing
surplus funds towards the election contribution rebate program is an
appropriate option, as the funds would go towards election-related purposes,
and specifically to those campaign contributors eligible for the rebate.
There are no requirements for
notice or public participation.
There are no legal/risk
management implications to this report.
This
report relates to Governance Objective 3: Commit to and develop a democratic,
engaging and visible process to maximize input from residents in the work of
Council and in policy development, while ensuring that seniors, new Canadians,
women and the economically disadvantaged are included.
The approval of the recommendation contained in this
report will require an increased budget allocation of $135,000 to be included
in the Draft 2011 Operating Budget for the Contribution Rebate Reserve.
Document 1 – 2003 Municipal
Elections – Ottawa Rebate Program – Summary
Document 2 – 2006 Municipal
Elections – Ottawa Rebate Program – Summary
Document 3 – 2006 Municipal Elections – Municipal Rebate Program Data
Document 4 – 2010 Municipal Elections - Benchmarking of Ontario
Municipalities
Document 5 – By-law 2005-505 – Contribution Rebate Program
The City Clerk and Solicitor Department will implement any decisions made by Council in relation to this report.
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Document 1 |
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2003 Municipal Elections - Rebate
Program - Summary |
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Office |
Number of
candidates |
Number of
participating candidates |
Number of
candidates who complied with by-law |
Contributions to
candidates who participated in and complied with the rebate program |
Potential rebate
totals |
Contributions to
all other candidates who filed financial statements |
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number |
total amount |
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all contributions |
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Mayor |
8 |
3 |
2 |
132 |
$21,565.00 |
$14,273.75 |
$175,919.03 |
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Councillor - Ward 1 |
2 |
2 |
2 |
15 |
$4,148.00 |
$1,886.00 |
0 |
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Councillor - Ward 2 |
2 |
2 |
2 |
119 |
$22,069.00 |
$12,739.25 |
0 |
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Councillor - Ward 3 |
2 |
1 |
1 |
51 |
$11,703.00 |
$6,217.25 |
$839.30 |
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Councillor - Ward 4 |
4 |
2 |
2 |
547 |
$46,641.00 |
$32,195.75 |
0 |
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Councillor - Ward 5 |
4 |
4 |
3 |
171 |
$25,970.00 |
$15,078.75 |
0 |
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Councillor - Ward 6 |
2 |
2 |
2 |
125 |
$15,025.00 |
$7,200.00 |
0 |
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Councillor - Ward 7 |
4 |
3 |
2 |
239 |
$30,097.00 |
$19,672.75 |
0 |
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Councillor - Ward 8 |
1 |
1 |
1 |
16 |
$5,325.00 |
$2,762.50 |
0 |
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Councillor - Ward 9 |
3 |
2 |
1 |
66 |
$6,969.00 |
$3,355.50 |
$97.00 |
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Councillor - Ward
10 |
3 |
2 |
2 |
131 |
$24,240.00 |
$13,686.25 |
$300.00 |
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Councillor - Ward
11 |
3 |
2 |
2 |
100 |
$17,547.00 |
$9,114.00 |
$350.00 |
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Councillor - Ward
12 |
6 |
4 |
3 |
143 |
$21,024.00 |
$13,823.00 |
0 |
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Councillor - Ward
13 |
3 |
1 |
1 |
41 |
$7,920.00 |
$4,440.00 |
0 |
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Councillor - Ward
14 |
8 |
5 |
3 |
313 |
$40,078.39 |
$25,240.70 |
0 |
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Councillor - Ward
15 |
7 |
5 |
4 |
230 |
$26,005.00 |
$15,955.00 |
$5,955.00 |
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Councillor - Ward
16 |
3 |
3 |
3 |
127 |
$20,520.48 |
$11,889.75 |
0 |
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Councillor - Ward
17 |
3 |
2 |
2 |
151 |
$18,635.00 |
$11,863.75 |
0 |
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Councillor - Ward
18 |
1 |
1 |
1 |
124 |
$17,165.00 |
$9,275.00 |
0 |
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Councillor - Ward
19 |
4 |
4 |
4 |
54 |
$9,830.00 |
$5,972.50 |
0 |
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Councillor - Ward
20 |
1 |
0 |
0 |
0 |
$0.00 |
$0.00 |
$8,540.00 |
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Councillor - Ward
21 |
2 |
1 |
1 |
29 |
$3,425.00 |
$2,468.75 |
$2,420.89 |
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Totals |
76 |
52 |
44 |
2,924 |
$395,901.87 |
$239,110.20 |
$194,421.22 |
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Total rebates
actually paid out: |
1,660 |
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$155,439.95 |
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Document 2 |
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2006 Municipal
Elections - Rebate Program – Summary |
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Office |
Number of candidates |
Number of
participating candidates |
Number of candidates
who complied with by-law |
Contributions to
candidates who participated in and complied with the rebate program |
Potential rebate
totals |
Contributions to all
other candidates who filed financial statements |
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number |
total amount |
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all contributions |
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Mayor |
9 |
3 |
3 |
4,326 |
$892,504.24 |
$448,043.23 |
$319,981.00 |
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Councillor - Ward 1 |
2 |
1 |
1 |
34 |
$7,840.14 |
$2,375.00 |
$3,499.19 |
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Councillor - Ward 2 |
3 |
1 |
0 |
0 |
$0.00 |
$0.00 |
$27,510.41 |
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Councillor - Ward 3 |
6 |
4 |
0 |
0 |
$0.00 |
$0.00 |
$32,167.12 |
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Councillor - Ward 4 |
7 |
7 |
4 |
207 |
$40,762.20 |
$17,335.00 |
$750.00 |
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Councillor - Ward 5 |
2 |
2 |
2 |
127 |
$26,276.00 |
$12,752.00 |
$0.00 |
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Councillor - Ward 6 |
2 |
2 |
2 |
213 |
$25,775.00 |
$15,056.25 |
$0.00 |
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Councillor - Ward 7 |
5 |
4 |
3 |
289 |
$38,470.00 |
$22,990.00 |
$1,495.00 |
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Councillor - Ward 8 |
4 |
1 |
1 |
47 |
$14,150.00 |
$5,500.00 |
$4,941.20 |
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Councillor - Ward 9 |
2 |
2 |
2 |
52 |
$8,555.00 |
$2,760.00 |
$0.00 |
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Councillor - Ward 10 |
3 |
1 |
1 |
67 |
$16,276.00 |
$6,025.50 |
$1,047.50 |
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Councillor - Ward 11 |
2 |
2 |
2 |
138 |
$19,150.00 |
$9,543.74 |
$0.00 |
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Councillor - Ward 12 |
3 |
2 |
2 |
116 |
$18,720.00 |
$9,538.78 |
$0.00 |
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Councillor - Ward 13 |
5 |
3 |
2 |
119 |
$23,370.00 |
$12,358.75 |
$2,375.00 |
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Councillor - Ward 14 |
5 |
3 |
3 |
186 |
$29,293.41 |
$16,678.81 |
$0.00 |
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Councillor - Ward 15 |
6 |
3 |
3 |
373 |
$49,169.82 |
$28,017.50 |
$2,710.00 |
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Councillor - Ward 16 |
2 |
1 |
1 |
46 |
$16,149.90 |
$5,912.50 |
$30,320.00 |
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Councillor - Ward 17 |
4 |
3 |
3 |
224 |
$34,707.67 |
$19,765.00 |
$0.00 |
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Councillor - Ward 18 |
6 |
3 |
2 |
164 |
$33,224.00 |
$15,858.75 |
$6,670.00 |
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Councillor - Ward 19 |
3 |
3 |
2 |
78 |
$21,966.00 |
$7,412.50 |
$1,025.00 |
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Councillor - Ward 20 |
2 |
0 |
0 |
0 |
$0.00 |
$0.00 |
$9,815.00 |
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Councillor - Ward 21 |
4 |
3 |
3 |
97 |
$16,075.00 |
$9,606.25 |
$6,176.39 |
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Councillor - Ward 22 |
6 |
5 |
2 |
106 |
$16,825.00 |
$9,812.50 |
$24,334.63 |
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Councillor - Ward 23 |
6 |
5 |
4 |
391 |
$54,334.40 |
$32,593.25 |
$1,910.00 |
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Totals |
99 |
64 |
48 |
7,400 |
$1,403,593.78 |
$709,935.31 |
$476,727.44 |
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Total rebates
actually paid out: |
4,672 |
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$503,332.75 |
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Document 3
2006 Municipal Elections – Rebate Program Data
Municipality |
Ajax |
Toronto |
Markham |
Ottawa |
Oakville |
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Electoral population |
63,418 |
1,421,144 |
164,151 |
560,431 |
112,458 |
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Voter turnout % |
23% |
39% |
35% |
54% |
35% |
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Minimum contribution eligible for rebate |
$25 |
$25 |
$50 |
$50 |
$25 |
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Maximum allowable rebate |
$150 |
$1000 |
$350 |
$187.50 |
$200 |
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Contributor must apply for rebate |
Yes |
Yes |
No |
Yes |
Yes |
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Audited statement required for all candidates using
program |
No |
Yes |
Yes |
Yes |
Yes |
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Surplus funds become property of municipality |
No |
Yes |
Yes |
No |
Yes |
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Rebate application paid (approx. % of electoral
population – based on assumption of 1
per elector) |
204 (0.3%) |
12692 (0.8%) |
2229 (1.3%) |
7400 (1.3%) |
364 (0.3%) |
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Total contributions eligible under rebate program |
$31,252 |
$4,630,053 |
$628,115 |
$1,403,594 |
$77,000 |
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Total rebates issued |
$16,364 |
$2,116,030 |
$368,435 |
$503,333 |
$25,008 |
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# of candidates eligible to use program |
23 |
313 |
55 |
99 |
37 |
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# of candidates that used program |
12 (52%) |
165 (53%) |
38 (69%) |
64 (65%) |
14 (38%) |
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# of candidates elected that used the program/council (not including acclamations) |
4/7 (33%) |
41/45 (25%) |
11/13 (29%) |
20/24 (31%) |
4/13 (29%) |
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Approx. administrative costs of program |
40 staff hours |
$400,000 |
150 staff hours |
$100,000 |
$16,800 |
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Year when rebate program first implemented |
2000 |
2000 |
2003 |
2003 |
2003 |
Document 4
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Municipality |
Highlights of Program |
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Oakville |
Ø Formula: § Less than $100 – not eligible for rebate § Over $100 – 50% of total contribution Ø Any eligible elector residing in the Town of Oakville is eligible for a rebate Ø Not eligible for rebate: § Corporation or trade union § Non-resident eligible electors § In regard to his/her own campaign, a candidate, their spouse, common-law spouse or same-sex partner, or children of candidate Ø Only contributions of money eligible for rebate Ø Candidates participating in the program shall pay any campaign surplus to the Corporation |
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Ajax |
Ø Formula: § Less than $25 – not eligible for rebate § $25 - $100 – 75% of contribution § Over $100 - $75 plus 50% of the difference between the total contribution and $100. § Maximum rebate $150 Ø Any qualified elector who is not a candidate, spouse or children of a candidate, is eligible for rebate Ø Only contributions of money eligible for rebate Ø Rebates are only available to those individuals who make a contribution between the date of the candidate’s nomination filing up to and including Voting Day Ø An individual who contributes to more than one candidate is eligible for a rebate in respect of each contribution but no more than the maximum allowable rebate |
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Toronto |
Ø Formula: § Less than $25 – not eligible for rebate § $25 - $300 – 75 % of total contribution § $301 - $1000 - $225 plus 50% of the difference between the contribution and $300 § Over $1000 – the lesser of: · $575 plus 33.3% of the difference between the total contribution and $1000 · $1000 (maximum) Ø An applicant may apply for a rebate for each contribution they make, but may not receive total rebates amounting to more than the following maximums: § Total is $300 or less – maximum is 75% of total § Total is $300 - $1000 – maximum is $225 plus 50% of the difference between that total and $300 § Total is more than $1000 – maximum is lesser of: · $575 plus 33 – 1/3% of the difference between the total and $1000; or · $1000 (maximum) Ø Only contributions of money eligible for rebate Ø Contributions from corporations and trade unions not eligible for rebates Ø Candidates, their spouses and children are eligible for a rebate but not until after the candidate’s campaign closes and the final financial statement is filed Ø Candidates participating in the program shall pay any campaign surplus to the Corporation |
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Whitby |
Ø Approved by Council in principle and subject to 2010 Budget approval (Feb. 18, 2010) Ø Identical Election Rebate Program By-law as Ajax |
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Markham |
Ø Formula: § Less than $50 – not eligible for rebate § $50 - $300 – 75% of total contribution § over $300 – 75% of $300 plus 50% of the difference between total contribution and $300 (maximum rebate of $350) Ø Any individual who is a resident of the Province of Ontario is eligible for a rebate Ø The following are not eligible for a rebate: § Contribution of goods and services § A candidate’s contribution of inventory from a prior election § Contributions made by corporations and trade unions Ø Participating candidates pay campaign surplus to the Corporation |
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Vaughan |
Ø Formula: § Minimum contribution is $50 § Rebate shall be 75% of contribution § Maximum rebate of $150 Ø Any resident of the City of Vaughan is eligible for a rebate Ø The following are not eligible for a rebate: § Contribution of goods and services § A candidate’s contribution of inventory from a prior election § Contributions made by corporations and trade unions Ø Contributions made by the candidate and candidate’s spouse, siblings, grandparents, parents, children and grandchildren |
A by-law of the City of Ottawa to authorize the payment of rebates to individuals who make contributions to candidates for office on the municipal council.
WHEREAS subsection 82(1) of the Municipal Elections Act, 1996, as amended, (“the Act”) provides that a municipality may, by by-law, provide for the payment of rebates to individuals who make contributions to candidates for office on municipal council;
THEREFORE the Council of the City of Ottawa enacts as follows:
1. In this by-law,
“individual “ means an individual residing in the Province of Ontario.
2. The payment of rebates to individuals who make contributions to candidates for an office on the municipal council is authorized provided such candidate has registered to participate in the contribution rebate program with the City Clerk by the end of nomination day.
3. Despite Section 2, for the Ward 1 - Orléans by-election to be held on January 9, 2006, the payment of rebates to individuals who make contributions to candidates during this by-election is authorized provided such candidate has registered to participate in the contribution rebate program by 4:30 p.m. on Friday, December 16, 2005.
4. Subject to Section 6, an individual, who makes a contribution to a candidate for an office on the council of the City of Ottawa during a municipal election or by-election, may apply to the City Clerk for a rebate on or after the date the receipt is issued.
5. Despite Section 66 of the Act,
(a) only a contribution of money will be eligible for a campaign contribution rebate,
(b) a candidate’s contribution of inventory from a prior election is not eligible for a campaign contribution rebate.
6. The application for rebate must be received by the City Clerk on or before 4:30 p.m., on the date that is ninety (90) days after the filing deadline for the financial statement for the candidate, unless the candidate’s campaign period is extended under paragraphs 4 or 5 of subsection 68(1) of the Act. If a candidate’s campaign period is extended, the application for rebate for contributions made during the extended period shall be made on or before 4:30 p.m. on the date that is ninety (90) days after the filing deadline for the supplementary financial statement for the candidate.
7. The application for rebate shall be in the form established for that purpose by the City Clerk.
8. The application for rebate shall include a receipt in the form provided by the City Clerk and the receipt must be signed by or on behalf of the candidate.
9. A candidate for an office on the municipal council shall:
(a) comply with subsections 78(1) to (4) inclusive of the Act; and
(b) include with the documents filed under subsection 78(1) or (2) of the Act, as the case may be, a copy of the receipt issued for each contribution and an auditor’s statement that the auditor has verified all contributions against a bank statement for the campaign account.
10. Despite Sections 2, 3 and 4 of this by-law, a candidate for an office on municipal council, the spouse of the candidate or any dependant child of the candidate or the candidate’s spouse will not be eligible to receive a rebate.
11. The City Clerk shall compare the receipt filed by the applicant and the copy filed by the candidate to ensure consistency.
12. The City Clerk shall pay the applicant the rebate in accordance with Sections 13 and 14 if the following conditions are met:
(a) the application complies with Sections 6, 7 and 8 inclusive,
(b) the candidate has complied with Section 9,
(c) the receipt filed by the applicant and the copy filed by the candidate are consistent,
(d) the candidate has filed the documents required by Section 78 of the Act by the relevant filing date and that no such document shows on its face that the candidate has incurred expenses exceeding what is permitted under Section 76 of the Act,
(e) the City Clerk is satisfied that the candidate has paid any surplus in accordance with the provisions of Section 79 of the Act within the time period stipulated in that Section,
(f) in the case of a contribution made on or the end of the candidate’s election campaign period as defined in subsection 68(1) of the Act, the time for an application for a compliance audit under Section 81 of the Act has expired, and
(g) in the case of a contribution made to a candidate during an election campaign period that is extended pursuant to paragraph (4) of subsection 68(1) of the Act, the time for an application under Section 81 of the Act has expired.
13. Subject to Section 14, the rebate to an individual shall be calculated as follows:
(a) a minimum contribution of $50.00 is required to be eligible for a rebate,
(b) if the contribution is $50.00 but not more than $150.00, the rebate is 75% of the contribution,
(c) if the contribution is more than $150.00, the rebate is 75% of $150.00 plus 50% of the difference between the contribution and $150.00,
(d) the maximum rebate to an individual shall not exceed $187.50.
14. An individual who makes contributions to more than one candidate may apply for a rebate in respect of each contribution but is not entitled to receive total rebates amounting to more than the following maximums:
(a) the minimum contribution to each candidate is required to be $50.00,
(b) if the total of the applicant’s contributions to all candidates is not more than $150.00, the rebate is 75% of the total contributions,
(c) if the total of the individual’s contributions to all candidates is more than $150.00 , the rebate is 75% of $150.00 plus 50% of the difference between the total contributions and $150.00,
(d) the maximum rebate to an individual shall not exceed $187.50.
15. By-law No. 2003-26 entitled “A by-law of the City of Ottawa to authorize the payment of rebates to individuals who make contributions to candidates for office on the municipal council in the 2003 municipal election” is repealed.
ENACTED AND PASSED this 30th day of November, 2005.
CITY CLERK MAYOR