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 February 6, 2020, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Naghibollah Noori, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.
February 28, 2020
Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Naghibollah Noori (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.
The relevant provisions of the Act applicable on October 19, 2015, were section 3, paragraphs 5(a) and 483(a) of the Act.
Section 3 provides that only a Canadian citizen who is 18 years of age or older on polling day is eligible to vote, while paragraph 5(a) of the Act prohibited anyone from voting knowing that they were not qualified to cast a ballot. Paragraph 483(a) of the Act made it an offence to contravene paragraph 5(a).
Paragraphs 5(a) and 483(a) were re-enacted by S.C. 2018, c. 31 and now correspond, respectively, to paragraphs 281.3(a) and 491.2(1)(c) of the Act.
Statements by the Contracting Party
For the purpose of this compliance agreement, the Contracting Party acknowledges the following:
- The Contracting Party has been a permanent resident of Canada since January 29, 2003.
- On October 19, 2015, polling day for the 42nd federal general election, he registered to vote in the electoral district of Pierrefonds — Dollard by signing a registration certificate in which he declared that he was a Canadian citizen.
- The Contracting Party subsequently voted knowing that he was not a Canadian citizen.
- On August 8, 2016, he became a Canadian citizen.
- 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 and accepts responsibility for these acts.
- The Contracting Party acknowledges that the Commissioner has advised him of his right to be represented by counsel and he 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, which is available on the Commissioner’s website, including that:
- The Contracting Party became a Canadian citizen following the 42nd federal general election;
- The Contracting Party has no past history of non-compliance with the Act;
- Four years have elapsed since the commission of the offence; and
- The payment of $750 to the Receiver General for Canada (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 within 30 days from the date this compliance agreement is signed by the Commissioner.
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 Pierrefonds, in the province of Quebec, this 5th day of February, 2020.
Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the province of Quebec, this 6th day of February, 2020.
Yves Côté, QC
Commissioner of Canada Elections