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 November 13, 2018, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Daryl Black, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

November 13, 2018

Compliance Agreement

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Daryl Black (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 section 368(4) of the Act, which prohibits the entering into of any agreement for the payment of goods or services by any person that includes a term that the person will make a contribution to a candidate in an election, and further, section 497(2)(h) of the Act which makes it an intentional offence to knowingly contravene section 368(4) of the Act.

Statements by the Contracting Party

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

"It is agreed the Rent payable will be six thousand dollars plus HST and a tax receipt for in-Kind Service of $1,500 to be provided prior to occupancy. The tenant shall also be responsible to pay the Hydro upon presentation of the bill after vacating the premises."

Factors considered by the Commissioner

In entering into this compliance agreement, the Commissioner took into account the factors set out in paragraph 32 of the Compliance and Enforcement Policy of the Commissioner of Canada Elections, including the following factors:

Agreement

The Contracting Party will comply with the relevant provisions of the Act in the future.

The Contracting Party consents to the publication of this agreement on the Commissioner's website in accordance with section 521 of the Act.

The Commissioner acknowledges that the Contracting Party fully cooperated with the Commissioner's investigation into this matter.

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 has been established.


Signed by the Contracting Party in the City of Caledon, in the Province of Ontario, this 6th day of November 2018.

Daryl Black

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Quebec, this 13th day of November 2018.

Yves Côté, QC
Commissioner of Canada Elections



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