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 3, 2021, the Commissioner of Canada Elections entered into a compliance agreement with Anderanik Pakbegi, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

February 3, 2022

Compliance Agreement

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) has entered into this compliance agreement with Anderanik Pakbegi (the Contracting Party) aimed at ensuring compliance with the Act.

The relevant provisions of the Act applicable on October 19, 2015, were section 3 and 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:

Factors considered by the Commissioner

In entering into this compliance agreement, the Commissioner took into account the factors described in section 32 of the Compliance and Enforcement Policy of the Commissioner of Canada Elections. In particular, the Commissioner considered the following factors:

  • 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;
  • More than six years have elapsed since the commission of the offence; and
  • The payment of an amount 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

In accordance with subsection 517(2) of the Act, the Contracting Party undertakes to pay, to the Receiver General, a total amount of $750 before January 6, 2022.

The Commissioner agrees that the fulfillment by the Contracting Party of the terms and conditions described in this compliance agreement will constitute compliance with the agreement.

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

The Commissioner and the Contracting Party recognize that once this compliance agreement is entered into and a Notice of Compliance has been issued by the Commissioner, the Commissioner will provide a copy of the Notice to the Director of Public Prosecutions, and that service of the Notice will terminate any prosecution of the Contracting Party that is based on the acts described in this compliance agreement, as provided for in subsection 518(2) 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 Toronto, in the province of Ontario, on this 3rd day of December 2021.

Anderanik Pakbegi

Signed by the Commissioner of Canada Elections in the City of Gatineau, in the Province of Quebec, on this 3rd day of December 2021.

Yves Côté, QC
Commissioner of Canada Elections

Date modified: