Commissioner of Canada Elections
Canada Elections Act
This notice is published by the Commissioner of Canada Elections, pursuant to section 521.34 (2) of the Canada Elections Act, S.C. 2000, c. 9.
On August 10, 2021, the Deputy Commissioner of Canada Elections accepted an undertaking from Mr. Kulwant Brar, pursuant to section 521.13 of the Canada Elections Act. The text of the undertaking is set out in full below.
August 13, 2021
Pursuant to section 521.13 of the Canada Elections Act (the Act), and the authority delegated to him in accordance with section 509.23 of the Act, the Deputy Commissioner of Canada Elections (Deputy Commissioner) has accepted this undertaking from Kulwant Brar. The undertaking is aimed at ensuring compliance with the Act.
The relevant provisions of the Act are subsections 353(1) and 359(1) which, respectively, require that a third party register with the Chief Electoral Officer (CEO) immediately after having incurred an aggregate amount of $500 in regulated expenses, including partisan activity expenses, and that it provides to the CEO a third-party return on its expenses within four months after polling day if it was required by the Act to be registered.
Section 508.1 makes it a violation to contravene either of these provisions.
Statements by Kulwant Brar
For the purpose of this undertaking, Kulwant Brar acknowledges the following:
- On September 30, 2019, during the election period for the 43rd federal general election, Kulwant Brar uploaded a music video on YouTube, which he shared with his followers on social media.
- The production and transmission of this music video constituted a partisan activity, since the video – which had received 87,683 views on YouTube by October 8, 2019 – promoted the leader of the Liberal Party of Canada.
- His expenses for this partisan activity totaled $8,300, and included various costs related to the hiring of a professional singer, the recording of the song and the production of the music video.
- Kulwant Brar did not register as a third party with the CEO, as required by subsection 353(1) of the Act.
- Moreover, he did not file a third-party expense return with the CEO within four months after polling day, as required by subsection 359(1) of the Act.
Factors considered by the Deputy Commissioner
In accepting this undertaking, the Deputy Commissioner took into account the factors set out in paragraph 32 of the Compliance and Enforcement Policy of the Commissioner of Canada Elections. In particular, the Deputy Commissioner considered the fact that:
- Kulwant Brar co-operated fully and in good faith with the Commissioner’s Office; and
- An undertaking will enhance future compliance by others by making these new rules better known to other third parties.
Terms and Conditions
Kulwant Brar undertakes to comply with subsection 353(1) of the Act by submitting to the CEO, within 30 days of the acceptance of this undertaking by the Deputy Commissioner, a duly completed third-party registration application with respect to the 43rd federal general election.
Kulwant Brar undertakes to comply with subsection 359(1) of the Act by filing a final third-party expense return with the CEO, within 30 days of having registered.
Pursuant to subsection 521.13(4) of the Act, the Deputy Commissioner has informed Kulwant Brar that this undertaking will be published on the Commissioner’s website, as required by subsection 521.34(2) of the Act.
The Deputy Commissioner agrees that fulfillment by Kulwant Brar of his obligations as provided herein will constitute compliance with the undertaking.
In accordance with section 508.1 of the Act, failure to comply with any provision of this undertaking may result in the issuance of a Notice of Violation imposing an administrative monetary penalty against Kulwant Brar.
Signed by Kulwant Brar in the City of Surrey, in the province of British Columbia, this 20th day of July, 2021.
Signed by the Deputy Commissioner of Canada Elections, in the City of Ottawa, in the province of Ontario, this 10th day of August, 2021.