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 October 14, 2011, pursuant to section 517 of the Canada Elections Act, the Commissioner of Canada Elections entered into a compliance agreement with the New Democratic Party (hereinafter referred to as the Contracting Party), whose head office is in Ottawa, Ontario.
The Contracting Party has acknowledged that section 405.21 of the Canada Elections Act prohibits soliciting a contribution on behalf of a registered party, registered association or candidate if the person or entity soliciting the contribution makes a representation to the contributor or potential contributor that part or all of the contribution will be transferred to a person or entity other than the registered party or a candidate, leadership contestant or electoral district association.
The Contracting Party acknowledged acts that contravene section 405.21 and constitute an offence under paragraph 497(3)(f.162) of the Canada Elections Act, namely that:
- information it posted online during the week of August 22, 2011, indicated that memorial donations to an organization called the Broadbent Institute could be made through a New Democratic Party donation page on the Internet;
- the donation form referred to a donation to the Broadbent Institute in memory of Jack Layton, made reference to "Cost after tax credit" and linked to information on tax credit calculation; and
- the page therefore represented that contributions to the Contracting Party would be transferred to an entity that is distinct from it.
Prior to the conclusion of the agreement, the Commissioner of Canada Elections took into account that:
- the Contracting Party acknowledged and accepted responsibility for these acts;
- the Contracting Party co-operated with the Commissioner's Office, provided information concerning the status of the Broadbent Institute and took steps on August 26, 2011, to change the solicitation and to set up an alternative means for donations to be made for the Broadbent Institute; and
- the Contracting Party undertook to provide the Commissioner with confirmation of the return to contributors of any money it received for the Broadbent Institute pursuant to the online solicitation.
October 27, 2011
William H. Corbett
Commissioner of Canada Elections