Compliance Agreements

Commissioner Of Canada Elections

Canada Elections Act

Compliance agreement

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 April 23, 2019, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Dominique Breau, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

May 9, 2019

Compliance Agreement

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Dominique Breau (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The relevant provisions of the Act are subsection 367(6), paragraph 368(1)(a) and 368(2)(a) and section 477.42 of the Act. Subsection 367(6) and paragraph 368(1)(a) prohibit a candidate from making contributions to his or her election campaign in excess of $5,000 and from circumventing or attempting to circumvent this prohibition. Paragraph 368(2)(a) prohibits concealing or attempting to conceal the identity of the source of a contribution governed by the Act. Paragraph 373(1)(b) prohibits a candidate from making contributions to his or her election campaign and from making loans to it, the total amount of which exceeds the $5,000 limit. Section 477.42 obliges the candidate to appoint another auditor without delay when his auditor resigns. The offences for non-compliance with these prohibitions are provided for in paragraphs: 497(2)(d), 497(1)(e) or 497(2)(e), 497(1)(f) or 497(2)(f) and 497.4(1)(c) of the Act.

Statements by the Contracting Party

For the purpose of this compliance agreement, the Contracting Party acknowledges the following:

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, including the fact that

Undertaking and agreement

Within at most 15 days following the signature of this compliance agreement by the Commissioner, the Contracting Party undertakes to appoint a new auditor for his 2015 election campaign who is able to communicate in French with his official agent, and to provide, in writing, to the Commissioner and the Chief Electoral Officer, the name and contact information of the new auditor within five days of his or her nomination.

The Contracting Party undertakes to provide his official agent with all documents and information in his possession that are necessary for the preparation of his election campaign return, including information relating to any transfer of funds, goods or services received by his election campaign from the Green Party of Canada or the registered association of the Green Party of Canada in the electoral district of Acadie—Bathurst, information concerning the expenses of his election campaign and contributions received by the latter.

The Contracting Party undertakes to provide all necessary assistance to his official agent in order to help her finalize and file his audited election campaign return, together with the auditor's report and supporting documents to the Chief Electoral Officer, no later than June 30, 2019.

The Contracting Party undertakes to notify the Commissioner without delay of the filing of his election campaign return with the Chief Electoral Officer.

The Contracting Party will comply with the relevant provisions of the Act in the future.

The Contracting Party consents to the publication of this agreement on the Commissioner's website in accordance with section 521 of the Act.

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 laying charges against the Contracting Party for the same facts, unless there is non-compliance with the terms of the compliance agreement.

Signed by the Contracting Party, in the regional municipality of Grand-Tracadie-Sheila, in the Province of New Brunswick, this 17th day of April 2019.

Dominique Breau

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Québec, this 23rd day of April 2019.

Yves Côté, QC
Commissioner of Canada Elections

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