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 December 16, 2016, the Commissioner of Canada Elections entered into a compliance agreement with Shell Canada Limited, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

December 16, 2016

Yves Côté, QC
Commissioner of Canada Elections

Compliance Agreement

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

The provisions of the Act that are applicable are subsection 132(1) and paragraph 489(1)(a), which make it an offence for an employer to fail to allow the time off work necessary during an employee's hours of work that would enable the employee to have–during voting hours–three consecutive hours for the purpose of casting a vote on polling day.

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, including the following factors:

The above-mentioned policy gives effect to the Contracting Party's employees' entitlements under sections 132 and 133 of the Act. It includes provisions indicating that the policy will be communicated to supervisors and employees of the Contracting Party after the issue of the writ for any federal election in an electoral district where employees who are qualified electors could exercise their right to vote on polling day.

Undertaking and agreement

The Contracting Party undertakes to post the notice described above that has been approved by the Commissioner, on the first page of its website, with prominent placement in a manner that is fully accessible to the public for 30 days beginning as soon as practicable after the Commissioner has signed the compliance agreement.

The Contracting Party also undertakes to cause to be published the contents of the notice referred to in the foregoing paragraph, at its own cost, with prominent format and placement acceptable to the Commissioner, in one edition of both the trade publication Oil Sands Review (a quarterly publication) and the Fort McMurray Today newspaper, and to provide a copy of those publications to the Commissioner as evidence of compliance with this undertaking not more than three months from the date upon which the Commissioner signed this compliance agreement. 

The Contracting Party, through its President and Country Chair, undertakes to inform its Board of Directors of the contents of this compliance agreement within 30 days of its signature, and to advise the Commissioner, as soon as practicable, that this undertaking has been complied with.

The Contracting Party undertakes to comply with the relevant provision of the Act in the future.

The Contracting Party consents to the publication of this compliance agreement in the Canada Gazette and on the Commissioner's website.

The Commissioner agrees that the fulfillment by the Contracting Party of its undertaking in this compliance agreement will constitute compliance with the agreement.

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 referring this matter for prosecution to the Director of Public Prosecutions unless there is non-compliance with the terms of the compliance agreement, and in any event, the Director of Public Prosecutions cannot institute such a prosecution unless non-compliance is established.

Signed on behalf of the Contracting Party in the City of Calgary, in the province of Alberta, this 6th day of December 2016.

Michael Crothers,
President and Country Chair
Shell Canada Limited

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the province of Quebec, this 16th day of December 2016.

Yves Côté, QC
Commissioner of Canada Elections

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