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 December 12, 2022, the Deputy Commissioner of Canada Elections accepted an undertaking from Marie-Claude Harvey, pursuant to section 521.13 of the Canada Elections Act. The text of the undertaking is set out in full below.
January 24, 2023
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 Marie-Claude Harvey. The undertaking is aimed at ensuring compliance with the Act.
The relevant provision of the Act is subsection 477.59(1), which requires the official agent of a candidate to provide the Candidate’s Electoral Campaign Return and other required documents (Return).
Section 508.1 of the Act makes it a violation to contravene this provision.
Statements of Marie-Claude Harvey
For the purpose of this undertaking, Marie-Claude Harvey acknowledges the following:
- Marie-Claude Harvey was the official agent for Guillaume Lanouette, the People’s Party of Canada candidate for the riding of Abitibi—Baie—James—Nunavik—Eeyou during the 43rd federal general election, which was held on October 21, 2019.
- Under subsection 477.59(7) of the Act, Marie-Claude Harvey was required to produce the Return within four months of polling day, i.e. no later than February 21, 2020.
- As of the date of the signing of this undertaking, the Return has not yet been provided to the Chief Electoral Officer.
- The failure to produce the Return is due in part to Marie-Claude Harvey’s lack of knowledge and experience with respect to her roles and responsibilities as an official agent.
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:
- Marie-Claude Harvey cooperated in good faith with the Office of the Commissioner of Canada Elections;
- This undertaking will enhance future general compliance by making the requirement to submit the Return within the required timeframe under subsections 477.59(1) and (7) of the Act better known to official agents.
Terms and Conditions
Marie-Claude Harvey undertakes to comply with subsection 477.59(1) of the Act by submitting the missing Return within 30 days of the signing of this undertaking by the Deputy Commissioner.
Pursuant to subsection 521.13(4) of the Act, the Deputy Commissioner has informed Marie-Claude Harvey 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 the fulfillment by Marie-Claude Harvey of the obligations as stated herein will constitute compliance with the undertaking.
In accordance with section 508.1 of the Act, failure to comply with any term or condition of this undertaking may result in the issuance of a Notice of Violation imposing an administrative monetary penalty against Marie-Claude Harvey.
Signed by Marie-Claude Harvey in the City of Rivière-Héva, in the province of Quebec, on this 7th day of December, 2022.
Signed by the Deputy Commissioner of Canada Elections, in the City of Ottawa, in the province of Ontario, on this 12th day of December, 2022.
Deputy Commissioner of Canada Elections