On October 4, 2019, a Notice of Default was sent to Mr. Julian Mirza, for failure to comply with one of the conditions of the compliance agreement signed on August 1, 2019. Per this compliance agreement, Mr. Mirza agreed to pay the sum of $750 to the Receiver General for Canada by September 20, 2019. As of November 29, 2019, no payment has been received and the Commissioner is now taking measures to recover the amount due. The debt was registered in Federal Court on December 10, 2019.
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 August 15, 2019, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Julian Mirza, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.
August 29, 2019
Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Julian Mirza (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.
The provisions of the Act applicable at the relevant time were section 7 and paragraph 483(b). Section 7 prohibited an elector from requesting a second ballot at an election, and paragraph 483(b) made it an offence to contravene section 7.
Section 7 and paragraph 483(b) of the Act were re-enacted by S.C. 2018, c. 31 and now correspond respectively to section 281.5, and paragraph 491.2(1)(g).
Statements by the Contracting Party
For the purpose of this compliance agreement, the Contracting Party acknowledges the following:
- On October 12, 2015, the Contracting Party voted by advance poll in the electoral district of Hamilton Centre, for the purposes of the 42nd general election.
- On October 12, 2015, the Contracting Party requested a second ballot and voted by advance poll in the electoral district of Hamilton Mountain at the same general election.
- The Contracting Party’s place of ordinary residence at the time was in the electoral district of Hamilton Mountain. The registration certificate completed and signed by the Contracting Party in the electoral district of Hamilton Mountain included a false statement that the Contracting Party had not previously requested a ballot in that electoral event.
- The Contracting Party acknowledges and accepts responsibility for these acts.
- The Contracting Party understands that acknowledgement of non-compliance does not constitute a guilty plea in the criminal sense and that no record of conviction is created as a result of admitting responsibility for acts that could constitute an offence.
- The Contracting Party acknowledges that the Commissioner has advised him of his right to be represented by counsel and he has had the opportunity to retain and instruct counsel.
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, including the fact that:
- the Contracting Party cooperated in the investigation;
- the Contracting Party has no past history of non-compliance with the Act; and,
- the ability to include payment of an amount to the Receiver General as a term and condition of a compliance agreement ensures a swift and efficient resolution of the matter.
Terms and conditions
The Contracting Party agrees, as a term and condition of the compliance agreement, to pay a sum of $750 to the Receiver General of Canada within 30 days from the date this Compliance Agreement is signed by the Commissioner of Canada Elections.
The Contracting Party consents to the publication of this agreement on the Commissioner’s website in accordance with section 521 of the Act.
The Commissioner agrees that the fulfillment by the Contracting Party of the terms and conditions outlined in this agreement will constitute compliance.
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, as provided for in subsection 517(8) of the Act.
In accordance with section 508.1 of the Act, a Contracting Party who fails to comply with a provision of a compliance agreement commits a violation, and may be subject to an administrative monetary penalty.
Signed by the Contracting Party in the City of Hamilton, in the Province of Ontario, this 1st day of August 2019.
Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Quebec, this 15th day of August, 2019.
Yves Côté, QC
Commissioner of Canada Elections