By Vanessa Lu Toronto Star October 27, 2009
Queen's Park is tightening rules around fundraising for municipal elections - barring incumbents from rolling over campaign surpluses - but is not outlawing corporate or union donations.
Under legislation introduced this afternoon, contributors can continue to give up to $750 per candidate, but to a maximum total of $5,000 in a single town or municipality.
"We don't want to even have the perception that one company can, in essence, go off and purchase favour with the whole council," said Municipal Affairs Minister Jim Watson.
However, in smaller communities, where councils often have 10 councillors or fewer, donors would theoretically still be able to influence the majority of council.
"It forces those companies or individuals to think long and hard about who they want to give the money, as opposed to spreading it out to anyone and everyone," Watson said.
Other proposed changes in the legislation include:
• Barring councillors from using campaign surpluses in future elections, although they will be allowed to use them in the 2010 campaign. In some cases, incumbents have more money in their war chest than they are allowed to spend.
• Moving election day up by two weeks to the fourth Monday in October before daylight saving time ends.
• Requiring councils to appoint compliance and audit committees to oversee any public complaints about campaign violations, ending the practice of councils where politicians police themselves.
• Raising penalties for violating the Elections Act to up to $25,000 for individuals and up to $50,000 for corporations or trade unions.
• Requiring electronic filings, with campaign donations and expenses available online.
• Improving the voters' list by working with municipalities to include data from library cards or recreation programs, if individuals agree.
• Requiring photo identification on voting day to reduce voter fraud.
• Closing loopholes around fundraising where parties for supporters or full-page self-promotion newspaper ads are considered fundraising events.
"It's a good step," said Robert MacDermid, a York University professor who has analyzed the influence of developers on municipal donations. "But I had hoped for something more, such as a ban on corporate or trade union donations."
MacDermid believes that the influence of the development industry, especially in 905 municipalities, is "unhealthy for a democratic society," but the province is unwilling to adopt a ban because the Liberals are dependent on corporate donations.
Watson said the province didn't want to force such a ban given Ontario allows such donations, but it is also waiting to see what Toronto will do with such a proposed ban.
Under the City of Toronto Act, city council has the authority to implement a ban - but it refused to bring the item to council on Tuesday for a vote.
Mayor David Miller, who declined corporate and union donations in the 2006 campaign, has promised to bring the matter, along with other election reforms, to council before the next election.
The decision to require municipalities to appoint mandatory compliance audit committees to oversee complaints of campaign violations takes the matter directly out of council's hands.
In Vaughan, city council has refused to audit certain politicians, forcing individuals to bring their complaints to the courts.
Vaughan Councillor Tony Carella, who has co-chaired a task force on election reform, said these proposals are all steps in the right direction.
"It's all incremental. Every step makes a difference. Not every step is the magical thing," he said.
If the audit committee believes there is evidence a candidate has violated campaign finance rules, it can start a legal proceeding.
Some municipalities like Ajax have already set up such committees.
"To have the decision made by council was problematic from a fairness point of view and from an optics point of view," said Mayor Steve Parrish. "That is a positive reform."
But Toronto Councillor Michael Walker believes an independent body should oversee complaints, arguing politicians can still stack committees.
"Judging ourselves through the appointments you make isn't going to work," Walker said.
- With files from Robert Benzie