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 November 29, 2017, the Commissioner of Canada Elections entered into a compliance agreement with Syed Ajmal Hasnain, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.
November 29, 2017
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. Syed Ajmal Hasnain (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.
The provisions of the Act that are applicable are subsections 477.59(1) and (7), and paragraphs 497.4(1)(g) and (2)(i), which make it an offence for the official agent of a candidate to fail to submit the electoral campaign return along with the related documents within four months after polling day.
Statements of the Contracting Party
For the purpose of this compliance agreement, the Contracting Party acknowledges the following:
- The Contracting Party was the official agent for Democratic Advancement Party of Canada candidate Max Veress in the electoral district of Calgary Forest Lawn for the purposes of the 42nd federal general election, held on October 19, 2015.
- Subsections 477.59(1) and (7) of the Act state that the official agent must provide, to the Chief Electoral Officer, a signed electoral campaign return and related documents, including an auditor's report on this return, within four months after polling day.
- An extension of the filing deadline was granted by the Chief Electoral Officer, as permitted by the Act, and under the new deadline, the required documents had to be provided by March 21, 2016.
- As of the day of signing of this compliance agreement, the Contracting Party has not provided the candidate's electoral campaign return and related documents to the Chief Electoral Officer.
- The Contracting Party acknowledges and accepts responsibility for this omission.
- 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 under the Act.
- The Contracting Party acknowledges that the Commissioner has advised him of his right to be represented by counsel and that 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 factors set out in paragraph 32 of the Compliance and Enforcement Policy of the Commissioner of Canada Elections, which is available on the Commissioner's website at www.cef-cce.ca, and in particular, the effectiveness of a compliance agreement in achieving prompt compliance with the Act's requirements.
Undertaking and agreement
The Contracting Party undertakes to provide the electoral campaign return and related documents to the Chief Electoral Officer within 30 days of being advised of the publication of this compliance agreement on the Commissioner's website.
The Contracting Party agrees to comply with the Act's requirements with respect to the filing of a candidate's electoral campaign return and related documents in the future, if he is again appointed to be the official agent of a candidate for a federal election.
The Contracting Party consents to the publication of this compliance agreement in the Canada Gazette and on the Commissioner's website.
The Commissioner agrees that the fulfillment by the Contracting Party of his undertaking in this compliance 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 compliance 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 Calgary, in the Province of Alberta, this 22nd day of September, 2017.
Syed Ajmal Hasnain
Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Quebec, this 29th day of November, 2017.
Yves Côté, QC
Commissioner of Canada Elections