Commissioner Of Canada Elections
Canada Elections Act
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 18, 2016, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Kenneth Ross Creelman, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.
March 24, 2016
Yves Côté, QC
Commissioner of Canada Elections
Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Mr. Kenneth Ross Creelman (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.
The provisions of the Act applicable at the relevant time were paragraphs 405(1)(a.1) and 497(3)(f.13). These provisions were re-enacted by S.C. 2014, c. 12, and now correspond, respectively, to paragraphs 367(1)(b) and 497(2)(d) of the Act.
Statements of the Contracting Party
For the purpose of this Compliance Agreement, the Contracting Party acknowledges the following:
- At the time of the events, paragraph 405(1)(a.1) of the Act provided that an individual could contribute up to a maximum of $1,000, in total, in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party.
- In accordance with what was then section 405.1 of the Act, for the 2008 calendar year, the $1,000 amount referred to in the preceding paragraph had been adjusted for inflation, and the contribution limit was therefore $1,100.
- The Contracting Party acknowledges that, in 2008, he contributed, in total, $4,672 to two registered associations and four candidates affiliated with the Conservative Party of Canada (the Party) and, therefore, exceeded the individual contribution limit for the 2008 calendar year by $3,572. The contributions that were made were as follows:
- On October 2, 2008, the Contracting Party contributed $400 to the electoral campaign of Mr. Mike Allen, who was the Party's candidate in the electoral district of Tobique–Mactaquac during the 2008 federal general election;
- On September 29, 2008, the Contracting Party contributed $400 to the electoral campaign of Mr. Robert S. Moore, who was the Party's candidate in the electoral district of Fundy Royal during the 2008 federal general election;
- On September 25, 2008, the Contracting Party contributed $1,100 to the electoral campaign of Mr. Gregory F. Thompson, who was the Party's candidate in the electoral district of New Brunswick Southwest;
- On September 17, 2008, the Contracting Party contributed $1,100 to the electoral campaign of Mr. Keith Ashfield, who was the Party's candidate in the electoral district of Fredericton during the 2008 federal general election;
- On May 1, 2008, the Contracting Party contributed $772 to the Party's electoral district association in the electoral district of Tobique–Mactaquac; and
- On January 23, 2008, the Contracting Party contributed $450 twice (for a total of $900) to the Party's electoral district association in the electoral district of Fredericton.
- The Contracting Party acknowledges and accepts responsibility for these acts.
- 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 he has had the opportunity to obtain counsel.
Factors considered by the Commissioner
In entering into this Compliance Agreement, the Commissioner took into account the fact that the Contracting Party co-operated fully and in good faith with the Commissioner's investigation. Furthermore, the total amount of excessive contributions has been returned to the contributor or paid to the Receiver General by the candidates and registered associations that received them, in accordance with the Act's requirements.
Undertaking and agreement
The Contracting Party undertakes to comply with the relevant provisions of the Act in the future.
The Contracting Party consents to the publication of this agreement in the Canada Gazette and on the Commissioner's Web site in accordance with section 521 of the Act.
The Commissioner agrees that the fulfillment by the Contracting Party of the undertakings in this agreement will constitute compliance with the agreement.
Pursuant to subsection 517(8) of the Act, the Commissioner and the Contracting Party recognize that once this agreement is entered into, the Commissioner will be prevented from referring this matter for prosecution to the Director of Public Prosecutions unless there is non-compliance with the terms of the Compliance Agreement, and in any event, the Director of Public Prosecutions cannot institute such a prosecution unless non-compliance is established.
Signed by the Contracting Party in the City of Fredericton, this 15th day of March, 2016.
Kenneth Ross Creelman
Signed by the Commissioner of Canada Elections, in the City of Gatineau, this 18th day of March, 2016.
Yves Côté, QC
Commissioner of Canada Elections