News Releases: Commissioner of Canada Elections
Commissioner of Canada Elections Enters into
Five Compliance Agreements
Gatineau, August 29, 2019
The Commissioner of Canada Elections has entered into compliance agreements with five individuals for offences under the Canada Elections Act.
In signing the agreements, Mr. Charnjit Brar, Mr. Julian Mirza, Mr. David Moist, Mrs. Marlene Moist and Mr. Orest Ihor Teply acknowledged requesting a ballot after having already voted during the 2015 federal general election. In addition, Mr. Moist, Mrs. Moist and Mr. Teply acknowledged having applied to be included in the list of electors for a polling division in which they were not ordinarily a resident.
As part of the negotiated terms and conditions of the agreements, Mr. Brar and Mr. Mirza were required to pay a sum of $750 within 30 days to the Receiver General of Canada. Mr. Moist, Mrs. Moist and Mr. Teply were each required to pay $1000 to reflect the fact that they committed an additional offence.
The Commissioner now has the power to negotiate with the individual or organization (“contracting party”), the payment of an amount to the Receiver General as a condition of a compliance agreement. The ability to negotiate enhanced compliance agreements has been in place since April 1, 2019.
“Voting more than once is a serious offence,” stated Commissioner Yves Côté. “Up to now, we have had to resort to the courts to deal with these types of cases. This can be a lengthy process. Being able to impose the payment of an amount to the Receiver General as part of a compliance agreement can be an efficient way to address issues like this. Prosecutions will, of course, continue to be available when the circumstances call for that tool to be used.”
The full text of the compliance agreement is available on the Commissioner of Canada Elections’ Web site at: www.cef-cce.ca.
Going forward, cases of illegal voting may also be subject to the new regime of Administrative Monetary Penalties (AMPs) that came into force on June 13, 2019. Together, these two new tools (enhanced compliance agreements and the AMP regime) provide additional flexibility to deal with a number of legislative violations and to do so in a timelier manner. The choice of tool is at the discretion of the Commissioner.
Compliance agreements are voluntary and outline the terms and conditions that the Commissioner considers necessary to ensure compliance with the Canada Elections Act . These agreements may include a statement by the individual or organization (“contracting party”) admitting responsibility for the act or omission constituting the offence. The admission of responsibility does not constitute a criminal conviction by a court of law and does not create a criminal record for the contracting party. More information about compliance agreements can be found at sections 517 to 521 of the Canada Elections Act.
The Commissioner of Canada Elections is the independent officer responsible for ensuring compliance with, and enforcement of, the Act and the federal Referendum Act.
For information specific to this matter:
Commissioner of Canada Elections Media Relations
819-939-2278
or by email at communication@cef-cce.ca
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