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 23, 2015, the Commissioner of Canada Elections entered into a compliance agreement with Pennecon Ltd., pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

June 23, 2015

Yves Côté, QC

Commissioner of Canada Elections

COMPLIANCE AGREEMENT

Statements of the Contracting Party

I, David Mitchell, of the City of St. John's, in the Province of Newfoundland and Labrador, am the Chief Executive Officer of Pennecon Ltd., and I have the authority to enter into this Compliance Agreement on behalf of Pennecon Ltd.  Pennecon Ltd. is hereinafter referred to as the “Contracting Party”.

The Contracting Party acknowledges that pursuant to subsection 404(1) and paragraphs 497(1)(i) and 497(3)(f.1)  of the Canada Elections Act (the Act), it is an offence for a person or entity that is not an individual to make a contribution, whether monetary or non-monetary, to a candidate in a federal election.

The Contracting Party acknowledges that it issued a corporate cheque in the amount of $5,500.00, dated May 2nd, 2011, for the purposes of a contribution being made to the election campaign of Peter Penashue, a candidate in the 2011 federal general election. The Contracting Party acknowledges that the acts of six of its officers caused this contribution to be made by way of the aforementioned cheque.

The Contracting Party acknowledges that these acts could constitute an offence under paragraph 497(1)(i) or 497(3)(f.1) of the Act.

Agreement

The Contracting Party acknowledges and accepts responsibility for these acts.

The Contracting Party acknowledges that the Commissioner of Canada Elections (the Commissioner) has advised it of its right to be represented by counsel and that it has had the opportunity to obtain counsel.

The Contracting Party understands that this 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 the activity that constitutes an offence.

The Contracting Party consents to the publication of this Compliance Agreement in the Canada Gazette and on the Commissioner's website, since in accordance with section 521 of the Act, the compliance agreement must be published.

The Contracting Party acknowledges that this non-compliance is a serious matter.

In order to promote compliance, the Contracting Party agrees to carry out the following undertakings:

  1. The Contracting Party undertakes to establish and implement a company policy to ensure that any current or future officer or employee of Pennecon Ltd. is aware that the Canada Elections Act prohibits Pennecon Ltd. from making a federal political contribution.
  2. The Contracting Party undertakes to provide evidence to the Commissioner that the policy described in the preceding paragraph has been established and implemented.
  3. The Contracting Party undertakes to prepare a notice, the contents of which must be entirely satisfactory to the Commissioner, describing the facts related to this matter and the contents of this Compliance Agreement. The proposed text is to be provided to the Commissioner within 30 days of receipt of a copy of this agreement signed by the Commissioner.
  4. The Contracting Party undertakes to post the notice described in the preceding paragraph, for a period of sixty days beginning as soon as practicable after the Commissioner has approved its content, both on its website and at the business premises of Pennecon Ltd. in a conspicuous and publically accessible location where it is readily visible to both its employees and the public. The Contracting Party further undertakes to provide evidence to the Commissioner that this undertaking has been complied with.
  5. The Contracting Party undertakes to publish the contents of the notice referred to in the foregoing two paragraphs, at its own cost, with prominent format and placement, in one edition of a newspaper with province-wide distribution in Newfoundland and Labrador, and to provide a copy of that publication to the Commissioner as evidence of compliance with this undertaking.
  6. The Contracting Party, through its Chief Executive Officer, undertakes to inform its Board of Directors of the contents of this Compliance Agreement, and further undertakes to provide evidence to the Commissioner that this undertaking has been complied with.

The Commissioner accepts the statements, admissions, and undertakings of the Contracting Party, and in deciding to enter into this Compliance Agreement, took into consideration the full cooperation of the Contracting Party and its officers in his investigation of this matter.



Signed by the Contracting Party, in

the City of St. John’s,
this 16 day of April 2015.

By: David Mitchell,
authorised signatory and Chief Executive Officer of Pennecon Ltd.


Signature of Witness


Name and Address of Witness

Signed by the Commissioner of Canada

Elections, in the City of Gatineau, this 23rd day of June 2015.

Yves Côté, QC
Commissioner of Canada Elections


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