Minutes

Brampton Election Compliance Audit Committee

The Corporation of the City of Brampton

Tuesday, June 27, 2023

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

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

Members Present:

• Shey Chhibber (arrived 7:21 pm)
• Caroline Lynch (Chair)
• Hardik Mankad
• Patience Mariga
• Nancy Mukhija
• Greg Prokopchuk

Members Absent:

• Ricardo Paharsingh

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1.

Call to Order

The meeting was called to order at 7:02 p.m., recessed to deliberate in private at 8:29 p.m., reconvened in open at 8:43 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

• ECA001-2023

  That the Agenda for the Election Compliance Audit Committee Meeting of June 27, 2023, be approved as amended:

  To add:
  8.1 - Correspondence from Jaskaran Sandhu, dated June 27, 2023, re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions

  Carried

2.1

City Clerk's Office, re: Election of Chair and Vice-Chair for the Brampton Election Compliance Audit Committee

As not all members were present for the meeting, Committee agreed to appoint an Acting Chair for this meeting only.

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

• ECA002-2023

  That Caroline Lynch be appointed Acting Chair for the Brampton Election Compliance Audit Committee Meeting of June 27, 2023.

  Carried

3.

Declarations of Interest under the Municipal Conflict of Interest Act

Nil

4.

Consent

Nil

5.

Presentations / Delegations

Nil

6.

Reports 

6.1

Staff Report re: 2022-2026 Brampton Municipal Election Compliance Audit Committee Procedures for Review and Adoption

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

• ECA003-2023
  1. That the report from Peter Fay, City Clerk, dated June 12, 2023, to the Compliance Audit Committee Meeting of June 27, 2023, re: 2022-2026 Brampton Municipal Election Compliance Audit Committee Procedures, be received; and
  2. That the 2022-2026 Brampton Municipal Election Compliance Audit Committee Procedures be approved.
  Carried

6.2

Staff Report re: 2022 Municipal Election – Clerk’s Review of Candidate Campaign Contributions

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

• ECA004-2023

  That the report from Shauna Danton, Coordinator, Elections and Special Projects, City Clerk’s Office, dated May 10, 2023, to the Compliance Audit Committee meeting of June 27, 2023, re: 2022 Municipal Election – Clerk’s Review of Candidate Campaign Contributions, be received.

  Carried

6.3

Staff Report re: 2022 Municipal Election – Clerk’s Review of Registered Third-Party Advertiser Campaign Contributions

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

• ECA005-2023

  That the report from Shauna Danton, Coordinator, Elections and Special Projects, City Clerk’s Office, dated May 10, 2023, to the Compliance Audit Committee meeting of June 27, 2023, re: 2022 Municipal Election – Clerk’s Review of Registered Third-Party Advertiser Campaign Contributions, be received.

  Carried

6.4

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

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

In response to a question from Committee, Peter Fay, City Clerk, advised that the candidate named in the report was advised of the date and time of the meeting, as well as participation options. The candidate provided an item of correspondence addressing the matter, which was added to the Agenda as Item 8.1.

In response to questions from Committee, Shawnica Hans, Program Manager, Elections, City Clerk’s Office, confirmed that notice of the meeting was provided to named contributors and candidates in accordance with the Municipal Elections Act and committee procedures.

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Baljeet Grewal 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 Jaskaran Sandhu, 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 material provided, the Committee is satisfied the contributions were made by two different people. 

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

6.5

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

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, no one was present to address the Committee.

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Jaskaran Grewal 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 Jaskaran Sandhu, 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, Jaskaran Grewal has breached the Act.  In light of the minimal amount of the over contribution, the Committee exercised its discretion and has decided not to commence legal proceedings.  

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

6.6

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

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.

Committee requested financial information to be provided for review.

Peter Fay, City Clerk advised the financial information is attached to the agenda.

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

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Rajvinder Grewal 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 Jaskaran Sandhu, 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, Rajvinder Grewal has breached the Act.  In light of the minimal amount of the over contribution, the Committee exercised its discretion and decided not to commence legal proceedings.

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

6.7

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

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, no one was present to address the Committee.

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Reena Johal 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 Jaskaran Sandhu, 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, Reena Johal has breached the Act.  In light of the minimal amount of the over contribution, the Committee exercised its discretion and decided not to commence legal proceedings.

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

6.8

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

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.

Committee inquired who was representing the email that was submitted.

In response to a question from Committee, Peter Fay, City Clerk, noted that an explanation from the candidate was provided in the submitted item of correspondence.  

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Vinod Kasal 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 Jaskaran Sandhu, 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:

Base on material provided, the Committee is satisfied the contributions were made by two different people.

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

6.9

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

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.

Peter Fay, City Clerk, advised Committee that the notice of meeting, sent via registered mail, was returned to the Clerk’s Office. The address of the contributor, as provided on the candidate’s financial statement, was incomplete.

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

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Davinder Khattra for the apparent contravention of Section 88.9 of the Municipal Elections Act, 1996, as amended, in the total contribution to the campaign of Jaskaran Sandhu, 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, Davinder Khattra has breached the Act.  In light of the minimal amount of the over contribution, the Committee exercised its discretion and decided not to commence legal proceedings.

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

6.10

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

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, no one was present to address the Committee.

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Amrinder Mangat 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 Jaskaran Sandhu, 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, Amrinder Mangat has breached the Act.  In light of the minimal amount of the over contribution, the Committee exercised its discretion and decided not to commence legal proceedings.

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

6.11

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

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, no one was present to address the Committee.

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Jasdeep Saluja 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 Jaskaran Sandhu, 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, Jasdeep Saluja has breached the Act in light of the minimal amount of the over contribution, the Committee exercised its discretion and decided not to commence legal proceedings.

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

6.12

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

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 a question from Committee, staff noted that the candidate named in the report did not run in the 2018 municipal election.

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

The Committee unanimously agreed to deliberate in private regarding the above noted items. Committee recessed at 7:46 p.m. and reconvened at 8:57 p.m.

In Open Session, Caroline Lynch, Acting Chair, read the following extract of the Committee decision and written reasons with respect to this matter:

THAT the Compliance Audit Committee has decided not to commence a legal proceeding against contributor Inderpreet Sihra 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 Jaskaran Sandhu, 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, Inderpreet Sihra has breached the Act in light of the minimal amount of the over contribution, the Committee exercised its discretion and decided not to commence legal proceedings.

Click here to view the Decisions of the Committee - Meeting Date June 27, 2023

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

• ECA006-2023

  That the following reports and correspondence presented to the Compliance Audit Committee meeting of June 27, 2023, be received:

  6.4 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Baljeet Grewal

  6.5 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Jaskaran Grewal

  6.6 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Rajvinder Grewal

  6.7 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Reena Johal

  6.8 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Vinod Kasal

  6.9 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Davinder Khattra

  6.10 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Amrinder Mangat

  6.11 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Jasdeep Saluja

  6.12 - Staff Report re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions – Inderpreet Sihra

  8.1 - Correspondence from Jaskaran Sandhu, dated June 27, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions

  Carried

7.

Other / New Business / Information Items

Nil

8.

Correspondence

8.1

Correspondence from Jaskaran Sandhu, dated June 27, 2023 re: 2022 Municipal and School Board Election – Clerk’s Review of Campaign Contributions

Dealt with under Items 6.4 to 6.12

9.

Question Period

In response to a question from Committee, staff advised that the contributors named in the reports on this agenda were not named in any over-contribution reports with respect to the 2018 municipal and school board election.

10.

Public Question Period

Nil

11.

Closed Session

Nil

12.

Adjournment

• ECA007-2023

  That the Election Compliance Audit Committee do now adjourn to meet again for a Regular Meeting on June 29, 2023, at 7:00 p.m.

  Carried