News Releases: Commissioner of Canada Elections
Commissioner of Canada Elections announces three compliance agreements
Gatineau, February 3, 2022
The Commissioner of Canada Elections (CCE) announced the publication of three compliance agreements to address violations of the Canada Elections Act (the Act) related to the 42nd federal general election. Compliance agreements are made public on the CCE's website to maintain transparency, and as required by the Act.
The former leader of a now-deregistered party entered into a compliance agreement for having caused the official agent of a candidate of the party to provide the Chief Electoral Officer with an electoral campaign return containing false information. The Act prohibits the official agent from filing a report knowing that it contains false or misleading information on a material fact. As part of the terms and conditions of the compliance agreement, the individual was required to pay an amount of $20,000 to the Receiver General and to complete 150 hours of community service.
A second individual, also associated with the deregistered party entered into a compliance agreement for knowingly providing misleading information during the Commissioner's investigation. It is an offence to hinder or obstruct the CCE or his representatives in the exercise of their powers, duties or functions. According to terms and conditions of the agreement, the individual was required to pay an amount of $2,000 to the Receiver General and to complete 150 hours of community service.
Charges had been laid against both individuals under the Act and the Criminal Code. However, the Public Prosecution Service of Canada (PPSC), after consultation with the Commissioner, subsequently referred the file to the latter so that it could be resolved more efficiently by signing a compliance agreement. Both individuals have fulfilled the terms and conditions set out in their respective agreements. Charges against both the former leader and the other individual have been withdrawn.
The Commissioner also entered into a compliance agreement with a permanent resident of Canada who voted during the 2015 federal general election while not being a Canadian citizen. Only Canadian citizens who are (or will be) at least 18 years old on election day are eligible to vote. Under the Act, it is illegal to vote when not qualified as an elector. Two charges under the Act were initially laid in this case, but the PPSC and the CCE then agreed that it was in the public interest to enter into a compliance agreement. As part of the terms and conditions of the agreement, the individual is required to pay $750 to the Receiver General. Charges against the individual have since been withdrawn.
A compliance agreement is an enforcement measure under the Act. It is entered into voluntarily by the Commissioner and the contracting party. It sets out any terms and conditions that the Commissioner considers necessary to ensure compliance with the Act, including the requirement to pay a specified amount to the Receiver General. More information about compliance agreements under the Act can be found in our Compliance and Enforcement Policy and at section 517 of the Act.
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