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 March 11, 2020, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Sonny Moroz, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

March 12, 2020

Compliance Agreement

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Mr. Sonny Moroz (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The relevant provision of the Act is paragraph 495(2)(b), which makes it an offence to contravene subsection 325(1) of the Canada Elections Act by preventing or impairing the transmission to the public of an advertising message without the consent of a person with the authority to authorize its transmission.

Statements by the Contracting Party

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

• On September 25, 2019, during the election period for the 43rd general election, the Contracting Party was part of a small canvassing group for the Liberal Party of Canada (LPC) candidate in the Mount Royal electoral district, Mr. Anthony Housefather, and joined the candidate and other volunteers to canvass an apartment building on Cavendish Boulevard.
• While he was alone, at doors on three different floors, and unbeknownst to the candidate and other canvassers, the Contracting Party removed six pamphlets of the Conservative Party of Canada's (CPC) candidate from unit door handles and replaced them with the LPC candidate's pamphlets.
• After the Contracting Party disclosed to the other canvassers that he had taken the CPC pamphlets, he was reprimanded by the LPC candidate for removing them, and he immediately decided to return them to their original locations.
• The Contracting Party acknowledges and accepts responsibility for his actions.
• 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 him of his right to be represented by counsel and that he 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, including that:

• The Contracting Party cooperated in the investigation;
• The Contracting Party has no past history of non-compliance with the Act;
• The Contracting Party stated that he acted spontaneously and without the candidate's knowledge;
• The Contracting Party admitted his wrongful actions and is remorseful;
• No residents of the building were ultimately deprived of any election advertising because the six pamphlets that were removed were returned by the contracting party to their locations;
• The compliance agreement is the most effective way to achieve compliance with the Act in this case; 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

The Contracting Party undertakes, as a term and condition of the compliance agreement, to pay a sum of $750 to the Receiver General within 30 days from the date he has been informed that this compliance agreement has been signed by the Commissioner.

The Contracting Party agrees to comply with the relevant provisions of the Act in the future.

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

The Commissioner agrees that the fulfillment by the Contracting Party of the term and condition outlined in this agreement will constitute compliance.

Pursuant to subsection 517(8) 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.