Compliance Agreements

Commissioner Of Canada Elections

Canada Elections Act

Compliance agreement

This notice is published by the Commissioner of Canada Elections, pursuant to section 521 of the Canada Elections Act, S.C. 2000, c. 9.

On June 29, 2021, the Commissioner of Canada Elections entered into a compliance agreement with Dennis Theman, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

July 23, 2021

Compliance Agreement

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) has entered into this compliance agreement with Dennis Theman (the Contracting Party) aimed at ensuring compliance with the Act.

The relevant provisions of the Act are:

• Paragraph 367(1)(b), which prohibits any person from contributing, in total, more than $1,500 (indexed for inflation) in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party; and
• Paragraph 367(1)(d), which prohibits any person from contributing, in total, more than $1,500 (indexed for inflation) in any calendar year to the leadership contestants in a particular leadership contest.

Paragraph 497(2)(d) of the Act makes it an offence for a person to knowingly contravene subsection 367(1).

Statements by the Contracting Party

For the purpose of this compliance agreement, the Contracting Party acknowledges the following:

• In 2015, the Contracting Party contributed, in the aggregate, the sum of $6,600 to seven registered associations and four candidates of the New Democratic Party of Canada (NDP). The following are the relevant contributions:
• On August 28, 2015, the Contracting Party contributed $1,275 to the electoral campaign of Robert Chisholm, NDP candidate in the riding of Dartmouth—Cole Harbour.
• On September 1, 2015, the Contracting Party contributed $1,275 to the electoral campaign of Alex Godbold, NDP candidate in the riding of South Shore—St. Margarets.
• On September 26, 2015, the Contracting Party contributed $300 to the Cumberland—Colchester Federal NDP Riding Association.
• On September 26, 2015, the Contracting Party contributed $300 to Monika Dutt, NDP candidate in the riding of Sydney—Victoria.
• On September 26, 2015, the Contracting Party contributed $300 to the Spadina—Fort York Federal NDP Riding Association.
• On September 26, 2015, the Contracting Party contributed $300 to the University—Rosedale Federal NDP Electoral District Association.
• On September 28, 2015, the Contracting Party contributed $1,250 to the Halifax West Federal NDP Riding Association.
• On October 5, 2015, the Contracting Party contributed $500 to the Beaches—East York Federal NDP Riding Association.
• On October 6, 2015, the Contracting Party contributed $300 to Ross Landry, NDP candidate in the riding of Central Nova.
• On October 26, 2015, the Contracting Party contributed $300 to the West Nova Federal NDP Riding Association.
• On November 1, 2015, the Contracting Party made two donations of $300 and $200 respectively to the Toronto Centre Federal NDP Riding Association.
• Paragraph 367(1)(b) of the Act provides that, in 2015, the Contracting Party could contribute up to $1,500 in total to the registered associations, nomination contestants and candidates of a particular registered party.
• The Contracting Party therefore exceeded the individual contribution limit for the 2015 calendar year by $5,100.
• In 2017, the Contracting Party made $2,280 in total contributions to contestants in the NDP leadership contest. The following are the relevant contributions:
• On March 28, 2017, the Contracting Party contributed $150 to the leadership campaign of Charlie Angus.
• On March 29, 2017, the Contracting Party contributed $150 to the leadership campaign of Niki Ashton.
• On June 7, August 29, October 11 and November 14, 2017, the Contracting Party contributed $150, $100, $800 and $500, respectively, to the leadership campaign of Jagmeet Singh.
• On July 21 and 28, September 26 and October 16, 2017, the Contracting Party contributed $150, $20, $35, and $225, respectively, to the leadership campaign of Guy Caron.
• Because of the annual increase of $25 in contribution limits under subsection 367(1.1) of the Act, the limit on total contributions to all leadership contestants in the 2017 NDP leadership contest was $1,550.
• The Contracting Party therefore exceeded the contribution limit under paragraph 367(1)(d) by $730.
• The Contracting Party acknowledges and accepts responsibility for failing to comply with these provisions of the Act.
• The Contracting Party understands that acknowledgement of non-compliance does not constitute a guilty plea in the criminal sense and that no record of conviction is created as a result of admitting responsibility for acts that could constitute an offence.
• The Contracting Party acknowledges that the Commissioner has advised them of their right to be represented by counsel and they have had the opportunity to retain and instruct counsel.

Factors considered by the Commissioner

In entering into this compliance agreement, the Commissioner took into account the factors set out in paragraph 32 of the Compliance and Enforcement Policy of the Commissioner of Canada Elections, which is available on the Commissioner’s website, including that:

• The Contracting Party cooperated with the investigation and has no past history of non compliance with the Act;
• The totality of the $5,100 in excessive contributions made by the Contracting Party in 2015, as well as $200 of the $730 in excessive contributions made in 2017, has been returned to the contributor, in accordance with the Act’s requirement, and these illegal funds are therefore no longer in the political financing system; and
• The payment of an amount to the Receiver General for Canada (Receiver General) as a term and condition of the compliance agreement ensures a swift and efficient resolution of the matter.

Terms and conditions

In accordance with subsection 517(2) of the Act, the Contracting Party undertakes to pay, to the Receiver General, a total amount of $7,330, consisting of the following:

• $5,830, representing the amount of illegal contributions; and
• $1,500, to ensure future compliance.

This payment is to be made to the Receiver General within 30 days from the date of being informed that this compliance agreement has been signed by the Commissioner.

The Commissioner agrees that the fulfillment by the Contracting Party of the terms and conditions described in this agreement will constitute compliance.

The Contracting Party consents to the publication of this compliance agreement on the Commissioner’s website in accordance with section 521 of the Act.

The Commissioner and the Contracting Party recognize that once this compliance agreement is entered into, the Commissioner will be prevented from laying charges against the Contracting Party for the same facts, unless there is non-compliance with the terms of the compliance agreement, as provided for in subsection 517(8) of the Act.

In accordance with section 508.1 of the Act, a Contracting Party who fails to comply with a provision of a compliance agreement commits a violation, and may be subject to an administrative monetary penalty.

Signed by the Contracting Party in the City of Halifax, in the province of Nova Scotia, on this 22nd day of June, 2021.

Dennis Theman

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Quebec, on this 29th day of June, 2021.

Yves Côté, QC
Commissioner of Canada Elections