Briefing Book – To the attention of the Commissioner of Canada Elections

Workplace and Workforce: The Organization

2.1 Organizational Structure

As previously mentioned, the Commissioner of Canada Elections is supported by approximately 50 individuals, including federal public servants as well as independent contractors. The Act provides the Commissioner with the opportunity to seek technical assistance by hiring investigators or persons having technical or specialized knowledge on a temporary basis.

Due to the recent growth of the Office, the Commissioner initiated an organizational review in the summer of 2020. The review was designed to evaluate the structure of the Office, with a view to ensuring the overall efficiency of its operations through the proper alignment of functions across the organization.

The organizational chart below presents the actual structure of the OCCE.

Commissioner of Canada Elections

  1. Enforcement
    1. Investigations and Operations
    2. General Investigations
    3. Analytics
  2. Deputy Commissioner & Chief Legal Counsel
    1. Legal Services
    2. Compliance
  3. Corporate Services, Communications and Policy
    1. Communications, Policy and Engagement
    2. Corporate Services
      1. Complaint Management
      2. Administration and Finance
    3. IT Services

2.2 Biographies of senior management and direct reports

Marc Chénier, Deputy Commissioner and Chief Legal Counsel

Marc Chénier  (redacted content - personal information)  began his career in the federal public service in 1998 in the cultural industries sector of the Department of Canadian Heritage, before being hired at Elections Canada in September 1999.

In 1999 and 2000, Marc was responsible for preparing briefing materials for the Chief Electoral Officer in preparation for parliamentary appearances on new electoral legislation. This work required a thorough review of the electoral policy development documents that had led to the introduction of this bill, including the work of the Royal Commission on Electoral Reform and Party Financing (i.e., the Lortie Commission report in 1992 and the studies conducted during the Royal Commission’s work), the Chief Electoral Officer’s 1996 and 1997 reports recommending amendments to the Elections Act, the various parliamentary committees that made recommendations (i.e., the 5th report of the select committee in 1993 and the reports of the standing committee in 1998). This period of intense focus on the electoral policy development documents and electoral law jurisprudence leading up to the adoption of Bill C-2 (the current Elections Act) allowed him to gain an extensive understanding of the Act.

In 2002, after having worked in Elections Canada’s Legal Services team, Marc became one of the legal advisors to the Commissioner of Canada Elections at the time. In 2004, he began a four-year secondment to the Department of Justice and the Privy Council Office, where he gained experience on a variety of electoral system reform issues and election bills.

He first worked for one year at Justice Canada (where, among other things, he reviewed the Law Commission of Canada’s report on electoral reform in order to advise the Minister on the government’s response). He then worked in the democratic reform unit of the Privy Council Office (PCO). During his three-year stay at the PCO, he worked on some fifteen bills relating to elections or other aspects of our democratic system (for example, bills amending the Elections Act, bills relating to electoral representation or the institution of the Senate, etc.) and appeared before parliamentary committees on some ten of these bills as a government expert.

In 2008, Marc returned to Elections Canada’s Legal Services and was appointed Director of the Election Law Directorate in 2011.

In 2013, Marc was again seconded to the Privy Council Office, where he worked on Bill C-23, which, among other things, made significant changes to the mandate of the Commissioner of Canada Elections. In 2014, Marc became head of Legal Services at the OCCE. In 2019, he was appointed the Office’s Deputy Commissioner and Chief Legal Counsel.

Mylène Gigou, Senior Director, Enforcement

Mylène Gigou joined the OCCE in June 2017 as an investigator. In April 2018, she became the Director of Investigations, and now serves as the Senior Director, Enforcement since April 2021. From February 2022 until July 2022, Mylène was on assignment at the Public Health Agency of Canada, during which time she undertook the role of Associate Director General, Compliance and Enforcement Branch. Mylène has over 17 years of experience working in the federal public service, primarily in the area of investigations.

In her role at the OCCE, Mylène provides strategic advice to the Commissioner on addressing allegations of illegal conduct in relation to election integrity and political financing. She oversees all aspects of criminal and administrative investigations, as well as analytical and paralegal services. Further, Mylène develops and maintains extensive communication networks with various stakeholders and governmental organizations on issues relevant to the Commissioner's mandate.

Prior to joining the Commissioner's team in 2017, Mylène worked for 13 years at the Competition Bureau where she investigated allegations of international and domestic price fixing and bid rigging.

 (redacted content - personal information) 

Michelle Laliberté, Director of Corporate Services

Michelle Laliberté joined the OCCE team in September 2014. She has more than 20 years of experience working in the federal government, much of it working in communications for arms-length organizations. Prior to joining the Office, she held various roles at the Office of the Ombudsman for National Defence and the Canadian Forces, the Treasury Board Secretariat of Canada and Statistics Canada. She has served as the Director, Corporate Services for the OCCE since the spring of 2021.  (redacted content - personal information) 

Allan Mathews, Strategic Advisor

Al Mathews joined the OCCE in November 2008 following a 38-year career in the RCMP. He has over 51 years of experience in criminal and administrative law, internal discipline, adjudications and special duty experience. During his employment at the OCCE, he has served as Senior Investigator, Lead Investigator, Special Advisor, Acting Senior Director of Enforcement, and is currently acting as the Director of Investigations and Operations.  (redacted content - personal information)  Over the course of his employment at the OCCE, Al has investigated a number of major files resulting in a range of compliance or enforcement outcomes, several of which resulted in trials, findings of guilt and jail sentences.

2.3 Overview and Description of OCCE Teams

The following section provides an overview of the general functions and responsibilities of each team within the OCCE.

Legal Services and Compliance

Marc Chénier, the Deputy Commissioner and Chief Legal Counsel oversees the work of the Legal Services group and the Compliance Unit. He also reports to the Commissioner.

Pursuant to a delegation of authority made under section 509.23 of the Act, the Commissioner has delegated to the Deputy Commissioner the power to issue notices of violation and accept undertakings where the amount of the penalty, or amount of money to be paid as a condition or term of the undertaking, is $500 or less in the case of an individual, or $1,500 or less in the case of a corporation or an entity.

Legal Services

The Legal Services team offers a wide range of legal advice and services to the Commissioner and his or her staff. The team is composed of a group of lawyers with experience, among other things, in electoral and criminal law. In addition to providing legal advice and services, the Legal Services team assists the Commissioner in preparing and drafting the Commissioner’s Administrative Monetary Penalties (AMP) review decisions, as well as the Commissioner’s comments on Elections Canada’s proposed guidelines, interpretation notes and advance written opinions on the application of the Act, and developing recommendations for legislative changes to the Act.

Jean-Michel Kalubiaka is the Director of Legal Services.

Compliance Unit

The Compliance Unit consists of officers who work on the OCCE’s compliance initiatives, including information and caution letters, to address situations of non-compliance with the requirements of the Act. The team also negotiates compliance agreements and undertakings with persons or entities that have contravened the Act, and offers support to the Commissioner and Deputy Commissioner with respect to the AMP regime. The Compliance Unit serves as a Secretariat for the AMP regime and review processes. Namely, it serves the notices of violations, receives requests for review, prepares and serves disclosure information packages, receives and facilitates the written representation process, and serves review decisions.   

Following an investigation or review of a file, if a decision is made to pursue administrative measures, the Enforcement Division will refer the file to the Compliance Unit for their assessment of the most appropriate compliance measure. The Compliance Unit will then make a recommendation on the best way to proceed to the Deputy Commissioner and the Commissioner, or solely to the Deputy Commissioner, as the case may be. For example, the Compliance Unit may prepare a report, for approval, recommending the issuance of a notice of violation, which will be submitted to the Commissioner and/or to the Deputy Commissioner, depending on the amount of the AMP.

If a decision is made to negotiate a compliance agreement, the file will be referred to the Compliance Unit, who will work on the drafting of the terms and conditions of the compliance agreement in close collaboration with legal services.

The Compliance Unit is managed by Sylvie El Hamarneh.

Enforcement

The Enforcement Division is composed of three teams: Investigations and Operations, General Investigations, and Analytics.

Mylène Gigou is the Senior Director of Enforcement.

Investigations and Operations

The Investigations and Operations team supports the Commissioner in his or her compliance and enforcement mandate by conducting administrative and criminal investigations. Investigators frequently interact with complainants, witnesses, persons of interest, enforcement partners and stakeholders, either via correspondence, telephone or in person. The investigations team will make recommendations to the Commissioner for the laying of charges or for referrals to the Compliance Unit.

The Paralegal team provides services in support of investigations, including preparing disclosure, and identifying and performing activities related to the management of evidence.

Louise Panneton leads investigative and paralegal personnel as the Director of Investigations and Operations.

General Investigations

Also within the area of responsibility of the Enforcement branch, the investigators that form the General Investigations team conduct less complex preliminary examinations or investigations, ensuring the appropriate application of the OCCE’s established practices, methods and procedures. With guidance, they provide recommendations on suggested and appropriate enforcement actions and strategies to address non-complex complaints or allegations of violations of the Act.

Michel Saumier is the manager of the General Investigations team.

Analytics

The Analytics team supports the investigative functions of the OCCE. Analysts work in a multi-disciplinary team to respond to requests from investigators by providing research and reports, multi-faceted analysis, and the creation of intelligence products, both visual and otherwise. The OCCE analysts have a variety of open and closed source tools at their disposal.

Gabrielle Harris is currently acting as the Manager of the Analytics team.

Corporate Services

The Corporate Services Directorate is composed of three teams: the Corporate Services team, the IT Services team, and the Communications, Policy and Engagement team.

Michelle Laliberté is the Director of Corporate Services.

Corporate Services

Complaint Management Unit

The Complaint Management Unit, often referred to as the intake team, is the first point of contact for the Office when an individual believes an offence has been committed under the Act, and wishes to file a complaint. The primary responsibilities of the intake team are: reviewing incoming complaints and referrals, coordinating files in the Complaints Tracking System (CTS) and ensuring quality control, corresponding with complainants on the closing of certain files, and producing various reports and statistics on complaints received by the Office.

Finance and Administration

The Finance and Administration team provides administrative support to the various teams within the Office. This includes security assistance, formatting of letters, opening and closing of files, ordering office supplies, sending and receiving mail, as well as corporate travel arrangements. The team also manages the Office’s budget and finances, human resources liaison, as well as assists with contracting and procurement. They also oversee health and safety measures for the organization.

The Corporate Services team is led by Andréa D’Agostino. Josée Lacourse holds the position of Office Manager and oversees the work of the Finance and Administration team.

IT Services

The IT Services team is the primary point of contact for matters related to information technology at the OCCE. While Elections Canada supplies basic IT support, infrastructure and equipment to our Office, certain aspects of the work require in-house specialists. As such, the IT team is the bridge between Elections Canada’s Chief Information Officer and the OCCE.

In addition to providing OCCE senior management with guidance and expert advice, the IT Services team’s work can be categorized in the following main areas:

The IT Services team is managed by Pascal Julien.

Communications, Policy and Engagement

The Communications component of the team provides internal support to all members of the OCCE as well as external services to stakeholders, media and subscribers. Internal communications services include reviewing and editing correspondence, providing strategic communications advice, managing the corporate newsletter, as well as preparing for committee appearances and other functions of parliamentary relations. In terms of external communications, the team publishes announcements and website updates, prepares and publishes the CCE’s annual reports, coordinates media relations and manages the CCE’s social media presence on Twitter and Facebook.

The Policy and Outreach component of this team is responsible for policy and research, outreach initiatives with government organizations and other stakeholders, organizing learning events on topics of interest to the CCE’s mandate, and preparing the Commissioner’s recommendations reports for proposed legislative amendments to the Act.

The Communications, Policy and Engagement team is currently managed on an interim basis by Jacinthe Dumont.

2.4 2020 Public Service Employee Survey

The most recent Public Service Employee Survey (PSES) was conducted from November 30, 2020, to January 29, 2021. This comprehensive survey measured federal government employees’ opinions about their engagement, leadership, workforce, workplace, compensation, workplace well-being, diversity and inclusion, and the impacts of COVID‑19.

Over the past few years, the OCCE’s results in the PSES have been excellent, and even much higher than those for the public service as a whole. This is a source of pride for the entire office. OCCE employees report feeling valued, recognized and supported at work. They describe their workplace as psychologically healthy and feel that their well-being and mental health are prioritized.

To provide an overview of the OCCE’s survey results, a summary was developed internally to present to the management team the trends noted in the responses of employees who completed the PSES in 2020. This document is available on the shared drive.

In addition, the full 2020 PSES results for the Office of the Commissioner of Canada Elections can be found at the following link: https://www.tbs-sct.canada.ca/pses-saff/2020/results-resultats/en/bq-pq/org/40/200.

2.5 March 2021 Workplace Consultation Survey Presentation of Results

In March 2021, the OCEO’s Workplace Transformation Project kicked off with the start of its consultation phase. Through different consultation opportunities, staff and managers were asked about their workplace needs and preferences in order to plan for spaces that prioritize employee experiences, productivity, and performance.

(Workplace Consultation Survey: Presentation of Results)

2.6 Fall 2021 Pulse Survey on COVID‑19, Its Impact on Staff, and the Future of Work

In October 2021, the OCEO also launched a short online survey to better understand the needs of the agency’s personnel and to help inform the Future of Work project as to long-term planning.

Key findings are presented in the following document.

(Future of Work: Results from the Fall 2021 Pulse Survey on COVID‑19, Its Impact on Staff, and the Future of Work)

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