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, as amended.

On August 27, 2019, the Commissioner of Canada Elections entered into a compliance agreement with Axor Experts-Conseils Inc., pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

August 27, 2019

Compliance Agreement

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Axor Experts-Conseils Inc. (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The relevant provisions of the Act applicable at the time were subsections 404(1), 405.2(1) and 405.2(2). Subsection 404(1) of the Act prohibited any person or entity other than an individual who is a citizen or permanent resident from making a contribution within the meaning of the Act. Subsection 405.2(1) of the Act prohibited any person or entity from circumventing, or attempting to circumvent, this prohibition or acting in collusion with another person or entity for this purpose. Lastly, subsection 405.2(2) of the Act prohibited any person or entity from concealing, or attempting to conceal, the identity of the source of a contribution, or acting in collusion with another person or entity for this purpose.

Sections 404 and 405.2 were readopted with the enactment of S.C. 2014, c. 12, and correspond now to current sections 363 and 368 of the Act.

Statements by the Contracting Party

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

Factors considered by the Commissioner

Taking into account the factors outlined in section 32 of the Compliance and Enforcement Policy of the Commissioner of Canada Elections, the Commissioner is of the opinion that, in order to ensure compliance with, and enforcement of the Act, the public interest would best be served by concluding this matter by way of a compliance agreement. In particular, the Commissioner took the following factors into account:

Undertaking and agreement

The Contracting Party undertakes to mandate, at its own expense, within three months of signing this compliance agreement, a professional audit firm recognized and approved by the Commissioner, whose mission is to assess the effective and efficient enforcement of ethics and compliance measures implemented by the Contracting Party in order to prevent a reoccurrence of the alleged acts by the Contracting Party.

The Contracting Party undertakes to provide the Commissioner, by August 31 at the latest, for a period of two years following the signing of the compliance agreement (2020, 2021), with a written report verified by the aforementioned professional audit firm, confirming that the Contracting Party has maintained the compliance measures and mechanisms referred to in the paragraph above and that it was subject to the control and the audit of the aforementioned firm, at its own expense.

The Contracting Party undertakes to post on its premises, for a period of 30 days following the signing of this compliance agreement, such that it is visible to all employees who work there, a memorandum approved by the Commissioner announcing the conclusion and contents of this compliance agreement, as well as the Contracting Party’s undertaking to comply with the relevant provisions of the Act and provide a report in this regard to the Commissioner, by September 30, 2019, at the latest.

The Contracting Party undertakes to publish, within 30 days of signing the compliance agreement, a notice entitled “Axor Experts-Conseils Inc. signs a compliance agreement with the Commissioner of Canada Elections concerning federal political contributions made between 2004 and 2009 and undertakes to continue to comply with the Canada Elections Act” (notice of compliance agreement), bearing the Contracting Party’s logo and reproducing the exact terms preauthorized by the Commissioner in a wide-circulation, French-language newspaper in Quebec (for the notice in French) and a wide-circulation, English-language newspaper in Quebec (for the notice in English), to be published on a Saturday in a format acceptable to the Commissioner.

The Contracting Party undertakes to post, on the home page of its website, in English and in French, for a period of 30 days following the publication of the compliance agreement on the Commissioner’s website, a clear and visible link entitled “Axor Experts-Conseils Inc. signs a compliance agreement with the Commissioner of Canada Elections concerning federal political contributions made between 2004 and 2009 and undertakes to continue to comply with the Canada Elections Act” which leads to the full text of the notice of the compliance agreement described above.

The Contracting Party undertakes to give written notice to its executives, as well as all members of its board of directors, of the signing and scope of this compliance agreement by providing them with a copy of the notice appended to this compliance agreement, electronically or otherwise, within 40 days following the signing of this compliance agreement.

The Contracting Party undertakes to provide written evidence to the Commissioner, within 30 days following the notice given to its directors and current board members, pursuant to the preceding paragraph, that they were given this notice.

With regard to executives or board members hired or appointed by the Contracting Party in the six months following the signing of the compliance agreement, the Contracting Party undertakes to notify them in writing, electronically or otherwise, of the signing of the compliance agreement and to provide them with a copy of the notice of the compliance agreement described above at the time of hiring or appointment. Within the same timeframe, the Contracting Party shall provide the Commissioner with written confirmation of its compliance with the requirements set out in this paragraph.

The Contracting Party undertakes to pay the amount of $149,163.15, which represents the amount of the contributions, as well as an amount corresponding to double the amount of the federal contributions made and that it reimbursed during the relevant period.

The Contracting Party undertakes to pay a lump sum of $50,000, representing a portion of the investigation costs incurred by the Commissioner for this investigation.

In view of the particular financial situation of the Contracting Party and the cooperation it has shown, the Commissioner accepts payment of the sums referred to in the two preceding paragraphs in two instalments. The Contracting Party undertakes to pay to the Receiver General, without delay upon signature of this compliance agreement by the Contracting Party, by means of a certified cheque made payable to the Receiver General of Canada and delivered to the Commissioner, an amount of $100,000.00, and to pay an amount of $99,163.15 on or prior to January 20, 2020.

The Contracting Party will take all necessary measures to ensure that its assets and financial or other resources are not used directly or indirectly, by its employees, directors or agents to make political contributions in violation of the Act or to directly or indirectly reimburse federal political contributions, in any manner whatsoever.

In accordance with subsection 517(5), the Commissioner and the Contracting Party acknowledge that the compliance agreement and statements it contains are not admissible as evidence against the Contracting Party in any civil or criminal proceedings.

The Commissioner agrees that the Contracting Party will have complied with this compliance agreement when it has satisfied the requirements contained therein.

In accordance with subsection 517(8) of the Act, the Commissioner and the Contracting Party acknowledge that when a Compliance Agreement is entered into, neither the Commissioner nor anyone else can institute criminal proceedings against the Contracting Party for the facts that are the subject of the compliance agreement, unless the Contracting Party is found to be in non-compliance with the agreement.


Signed by the Contracting Party in the City of Montréal, in the province of Quebec, on this 22nd day of July 2019.

Luc Lachapelle
Chairman of the Board of directors and Governance committee
Axor Experts-Conseils Inc.

Signed by the Commissioner of Canada Elections in the City of Gatineau, in the province of Quebec, on this 27th day of August 2019.

Yves Côté, QC
Commissioner of Canada Elections

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