Minutes

Brampton Election Compliance Audit Committee

The Corporation of the City of Brampton

Thursday, June 29, 2023

7:00 P.m. - 9:00 P.m.

Hybrid Meeting - Virtual Option & In-Person in Council Chambers – 4th Floor – City Hall

Members Present:

• Caroline Lynch (Chair)
• Nancy Mukhija (Vice-Chair)
• Shey Chhibber
• Hardik Mankad
• Patience Mariga
• Greg Prokopchuk

Members Absent:

• Ricardo Paharsingh

Staff Present:

• Shawnica Hans, Program Manager, Elections, Legislative Services
• Shauna Danton, Coordinator, Elections and Special Projects, Legislative Services
• Roger Wilson, Clerk, Lottery Licensing, Legislative Services
• Peter Fay, City Clerk, Legislative Services
• Tammi Jackson, Legislative Coordinator
• Clara Vani, Legislative Coordinator

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1.

Call to Order

The meeting was called to order at 7:04 p.m., recessed to deliberate in private at 7:54 p.m., reconvened at 8:54 p.m., and adjourned at 9:04 p.m..

Peter Fay, City Clerk, called the meeting order, stated the purpose of the meeting, and described the notice provided to the parties involved.

2.

Approval of Agenda

That the agenda for the Brampton Election Compliance Audit Committee Meeting of June 20, 2019 be approved, as published and circulated.

Peter Fay, City Clerk, Legislative Services, explained the election process, advised that, in accordance with the Terms of Reference, a Chair and Vice-chair are to be selected, and provided options for the term of the appointment.

There was Committee consensus to appoint a Chair and Vice-Chair. 

Mr. Fay opened the nominations for Chair.

Greg Prokopchuk nominated Caroline Lynch. Ms. Lynch accepted the nomination.

There were no further nominations. Mr. Fay announced that nominations were closed for Chair.

Voting for the selection of Chair was taken and the results were as follows:

Caroline Lynch – 6 votes

Based on the results of the votes, Mr. Fay declared Caroline Lynch as Chair of the Committee.

Mr. Fay opened the nominations for Vice-Chair.

Hardik Mankad nominated himself as Vice-Chair.

Nancy Mukhija nominated herself as Vice-Chair.

Voting for the selection of Vice-Chair was taken in alpha surname order. The results were as follows:

Hardik Mankad - 2 Votes

Nancy Mukhija - 4 Votes

Based on the results of the votes, Mr. Fay declared Nancy Mukhija as Vice-Chair of the Committee.

The following motion was considered, voted on, and carried unanimously.

• ECA008-2023
  1. That the agenda for the Brampton Election Compliance Audit Committee Meeting of June 29, 2023 be approved, as published; and,
  2. That Caroline Lynch be appointed Chair and Nancy Mukhija be appointed as Vice-Chair for the Brampton Election Compliance Audit.

   

  Carried

  Note: Caroline Lynch chaired the balance of the meeting, as Chair.

  
  

3.

Declarations of Interest under the Municipal Conflict of Interest Act

Nil

4.

Consent

Nil

5.

Presentations / Delegations

Nil

6.

Reports 

The Committee unanimously agreed to deliberate in private regarding items 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7 and 6.8.  Committee recessed at 7:54 p.m. and reconvened at 8:54 p.m.

6.1

Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions to Peel District School Board Trustee Candidates – Gurratan Singh

Item 8.1 was brought forward and dealt with at this time.  

In response to the Chair’s inquiry, City staff provided an overview of the report.

In response to the Chair’s inquiry, Taranvir Dhaliwal, advised  Committee an error was made on their end and confirmed only one contribution was made by Gurratan Singh and the other contribution was made by Kiratpal Dhanoya. Both contributions were made online.  

There were no other speakers on this matter.

In Open Session, Caroline Lynch, Chair, read the following extract of the decision of Committee relating to Item 6.1: 

That the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Gurratan Singh for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contribution made to the campaign of Taranvir Dhaliwal, candidate for the office of Peel District School Board Trustee, Wards 9 and 10, in the 2022 Brampton Municipal and School Board Election.

Brief written reason provided by the Compliance Audit Committee:

Based on the response provided, the Committee is satisfied the contributions were made by two separate people. 

Click here to view the Decisions of the Committee - Meeting Date June 29, 2023

The following motion was considered, voted on, and carried unanimously.

• ECA009-2023
  1. That the report from Roger Wilson, Lottery Licensing Clerk, City Clerk’s Office, Legislative Services, dated May 10, 2023, to the Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions to Peel District School Board Trustee Candidates – Gurratan Singh, be received; and, 
  2. That the correspondence from Taranvir Dhaliwal, dated June 22, 2023, to the Brampton Election Compliance Audit Committee meeting of June 29, 2023, re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions to Peel District School Board Trustee Candidates – Gurratan Singh, be received.
  Carried

6.2

Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions to Peel District School Board Trustee Candidates – Kashmir Singh

In response to the Chair’s inquiry, City staff provided an overview of the report.

In response to the Chair’s inquiry, no one was present to address the Committee regarding Item 6.2.

In Open Session, Caroline Lynch, Chair, read the following extract of the decision of Committee relating to Item 6.2: 

That the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Kashmir Singh for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contribution made to the campaign of Harparminderjit Singh Gadri, candidate for the office of Peel District School Board Trustee, Wards 1 and 5, in the 2022 Brampton Municipal and School Board Election.

Brief written reason provided by the Compliance Audit Committee:

Based on the information provided, Kashmir Singh has breached the Act. In light of the minimal amount of the over contribution the Committee exercised its direction and has decided not to commence legal proceedings. 

Click here to view the Decisions of the Committee - Meeting Date June 29, 2023

The following motion was considered, voted on, and carried unanimously.

• ECA010-2023

  That the report from Roger Wilson, Lottery Licensing Clerk, City Clerk’s Office, Legislative Services, dated May 10, 2023, to the Brampton Election Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions to Peel District School Board Trustee Candidates – Kashmir Singh, be received.

  Carried

6.3

Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Sunita Ahuja

Item 8.3 was brought forward and dealt with at this time.

In response to the Chair’s inquiry, City staff provided an overview of the report.

In response to the Chair’s inquiry, no one was present to address the Committee regarding Item 6.3.

In Open Session, Caroline Lynch, Chair, read the following extract of the decision of Committee relating to Item 6.3: 

That the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Sunita Ahuja for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contribution made to the campaign of Harkirat Singh, candidate for the office of City Councillor, Wards 9 and 10, in the 2022 Brampton Municipal and School Board Election.

Brief written reason provided by the Compliance Audit Committee:

Based on the information provided, the Committee is satisfied the contributions were made by two separate people. 

Click here to view the Decisions of the Committee - Meeting Date June 29, 2023

The following motion was considered, voted on, and carried unanimously.

• ECA011-2023
  1. That the report from Roger Wilson, Lottery Licensing Clerk, City Clerk’s Office, Legislative Services, dated May 10, 2023, to the Brampton Election Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Sunita Ahuja, be received; and,
  2. That the correspondence from Harry Mortimer, dated June 27, 2023, to the Brampton Election Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Sunita Ahuja, be received.
  Carried

6.4

Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – R. Davis

Item 8.4 was brought forward and dealt with at this time.

In response to the Chair’s inquiry, City staff provided an overview of the report.

In response to the Chair’s inquiry, Robert Davis was present to address the Committee regarding Item 6.4. Mr. Davis advised the Committee that his in-kind donation did not exceed the allowable limit of $1200.00 as prescribed in the Municipal Elections Act. Mr. Davis explained that the unit cost per sign was $2.41 and that he purposely withheld one of the signs printed and kept it in his possession in order to not exceed the contribution limit. Mr. Davis advised the sign was still in his possession as seen within the correspondence package provided. He clarified the actual in-kind contribution was $1198.00 and believed the error was made erroneously with the candidate unwittingly listing the full purchase price of the 500 lawn signs in the campaign financial filling rather than the value of the 499 lawn signs actually donated in-kind to the campaign. 

In Open Session, Caroline Lynch, Chair, read the following extract of the decision of Committee relating to Item 6.4: 

That the Compliance Audit Committee has decided not to commence a legal proceeding against contributor R. Davis for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contribution made to the campaign of Cindy-Ann Williams, candidate for the office of City Councillor, Wards 7 and 8, in the 2022 Brampton Municipal and School Board Election.

Brief written reason provided by the Compliance Audit Committee:

Based on the information provided the Committee is satisfied there was no breach of the act. 

Click here to view the Decisions of the Committee - Meeting Date June 29, 2023.

The following motion was considered, voted on, and carried unanimously.

• ECA012-2023
  1. That the report from Roger Wilson, Lottery Licensing Clerk, City Clerk’s Office, Legislative Services, dated May 10, 2023, to the Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – R. Davis, be received; and,
  2. That the correspondence from Rob Davis, dated June 26, 2023, to the Brampton Election Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – R. Davis, be received. 
  Carried

6.5

Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Robert Davis

Item 8.5 was brought forward and dealt with at this time.

In response to the Chair’s inquiry, City staff provided an overview of the report.

In response to the Chair’s inquiry, Robert Davis was present to address the Committee regarding Item 6.5. Mr. Davis explained to the Committee that his in-kind donation did not exceed the allowable limit of $1200.00 as prescribed in the Municipal Elections Act. Mr. Davis explained that the unit cost per sign was $2.41 and that he purposely withheld one of the signs printed and kept it in his possession in order to not exceed the contribution limit. Mr. Davis advised the sign was still in his possession as seen within the correspondence package provided. He clarified the actual in-kind contribution was $1198.00 and believed the error was made erroneously with the candidate unwittingly listing the full purchase price of the 500 lawn signs in the financial campaign filling rather than the value of the 499 lawn signs actually donated in-kind to the campaign. 

In Open Session, Caroline Lynch, Chair, read the following extract of the decision of Committee relating to Item 6.5: 

That the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Robert Davis for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contribution made to the campaign of Cody Vatcher, candidate for the office of City Councillor, Wards 2 and 6, in the 2022 Brampton Municipal and School Board Election.

Brief written reason provided by the Compliance Audit Committee:

Based on the information provided the Committee is satisfied there was no breach of the act. 

Click here to view the Decisions of the Committee - Meeting Date June 29, 2023.

The following motion was considered, voted on, and carried unanimously.

• ECA013-2023
  1. That the report from Roger Wilson, Lottery Licensing Clerk, City Clerk’s Office, Legislative Services, dated May 10, 2023, to the Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Robert Davis, be received.
  2. That the correspondence from Rob Davis, dated June 26, 2023, to the Brampton Election Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Robert Davis, be received.
  Carried

6.6

Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Rajsatinder Singh Grewal

Item 8.2 was brought forward and dealt with at this time.

In response to the Chair’s inquiry, City staff provided an overview of the report.

In response to the Chair’s inquiry, Nikki Kaur clarified that the contribution made by Mr. Rajsatinder Singh Grewal was in the amount of $1000.00 and that the bank account is owned by three people. Ms. Kaur referred the Committee to the sworn Affidavit listed under correspondence item 8.2. The Affidavit lists the following individuals on the account:

1. Rajsatinder Singh Grewal
2. Paramjit Kaur Grewal
3. Charanjit Kaur Braich

Ms. Kaur advised the Committee that the owners of the account did not update their chequeing information to reflect all names on the account. Ms. Kaur confirmed that Rajsatinder Singh Grewal made one contribution in the amount of $1000.00, and the other listed contribution in the amount of $1000.00 was from Ms. Charanjit Kaur Braich.

In Open Session, Caroline Lynch, Chair, read the following extract of the decision of Committee relating to Item 6.6: 

The Committee was not fully satisfied with the Candidate's explanation and requested the item be deferred to a future meeting, to be scheduled before the end of July 2023, pending receipt of additional information requested by the Committee of either the identified Contributor and/or Candidate.

The following motion was considered, voted on, and carried unanimously.

• ECA014-2023
  1. That the report from Roger Wilson, Lottery Licensing Clerk, City Clerk’s Office, Legislative Services, dated May 10, 2023, to the Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Rajsatinder Singh Grewal, be received; and,
  2. That correspondence to the Brampton Election compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions:
     1.    Rajsatinder Singh Grewal
     2.    Mohan Singh,
     be received.
  Carried

6.7

Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Mohan Singh

Item 8.2 was referenced at this time. 

In response to the Chair's inquiry, City staff provided an overview of the report. 

n response to the Chair's inquiry, Nikki Kaur clarified that only one contribution was made by Mohan Singh, with the second listed contribution being a typo. 

In Open Session, Caroline Lynch, Chair, read the following extract of the decision of Committee relating to Item 6.7: 

That the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Mohan Singh for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contribution made to the campaign of Nikki Kaur, candidate for the office of Mayor in the 2022 Brampton Municipal and School Board Election.

Brief written reason provided by the Compliance Audit Committee:

Based on the response provided by the candidate we find that there was no breach.

Click here to view the Decisions of the Committee - Meeting Date June 29, 2023.

• ECA015-2023
  1. That the report from Roger Wilson, Lottery Licensing Clerk, City Clerk’s Office, Legislative Services, dated May 10, 2023, to the Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Mohan Singh, be received. 
  Carried

6.8

Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Andrew Wong

In response to the Chair’s inquiry, City staff provided an overview of the report.

In response to the Chair’s inquiry, Andrew Wong advised that he did exceed the contribution limit. Mr. Wong advised it was a mistake and an oversight as it was his first time making a donation and participating in a Municipal Election.

In Open Session, Caroline Lynch, Chair, read the following extract of the decision of Committee relating to Item 6.8: 

That the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Andrew Wong for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contributions made to the campaigns of five (5) candidates on the same council in the 2022 Brampton Municipal and School Board Election.

Brief written reason provided by the Compliance Audit Committee:

The contributor acknowledged a breach of the Act. However the Committee has used its discretion not to prosecute based on the contributor taking personal responsibility of the breach.

Click here to view the Decisions of the Committee - Meeting Date June 29, 2023.

The following motion was considered, voted on, and carried unanimously.

• ECA016-2023
  1. That the report from Roger Wilson, Lottery Licensing Clerk, City Clerk’s Office, Legislative Services, dated May 10, 2023, to the Compliance Audit Committee meeting of June 29, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Andrew Wong, be received.
  Carried

7.

Other / New Business / Information Items

Nil

8.

Correspondence

8.1

Correspondence from Taranvir Dhaliwal, dated June 22, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions to Peel District School Board Trustee Candidates – Gurratan Singh

Dealt with under Item 6.1 - Recommendation ECA009-2023

8.2

Correspondence re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions:

1. Rajsatinder Singh Grewal
2. Mohan Singh

Dealt with under Item 6.6 - Recommendation ECA014-2023 and Item 6.7 - Recommendation ECA015-2023

8.3

Correspondence re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Sunita Ahuja

Dealt with under Item 6.3 - Recommendation ECA011-2023

8.4

Correspondence from Rob Davis, dated June 26, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – R. Davis

Dealt with under Item 6.4 - Recommendation ECA012-2023

8.5

Correspondence from Rob Davis, dated June 26, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Robert Davis

Dealt with under Item 6.5 - Recommendation ECA013-2023

At this time in the meeting, for procedural purposes, the following motion was considered, voted on, and carried unanimously. 

• ECA017-2023

  That the decisions of the Brampton Election Compliance Audit Committee at its meeting held on June 29, 2023, relating to the following items on the agenda, be confirmed: 

  6.1    2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions to Peel District School Board Trustee Candidates – Gurratan Singh

  6.2    2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions to Peel District School Board Trustee Candidates – Kashmir Singh

  6.3    2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Sunita Ahuja 

  6.4    2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – R. Davis 

  6.5    2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Robert Davis

  6.7    2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Mohan Singh

  6.8    2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Andrew Wong

  Carried
• ECA018-2023

  That Item 6.6 - 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Rajsatinder Singh Grewal be deferred to a future meeting, to be scheduled before the end of July 2023, pending receipt of additional information requested by the Committee of either the identified Contributor and/or Candidate.

  Carried

9.

Question Period

Nil

10.

Public Question Period

Nil

11.

Closed Session

Nil

12.

Adjournment

The following motion was considered. 

• ECA019-2023

  That the Brampton Election Compliance Audit Committee do now adjourn.

  Carried