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 11, 2005, the Commissioner of Canada Elections entered into a compliance agreement with the contracting party, of the city of Toronto, Ontario, Canada, pursuant to section 517 of the Canada Elections Act.
In June 2004, the contracting party distributed a pamphlet entitled: Jean Augustine – Bad for Etobicoke Lakeshore during the election period without mention of his name as being the person who authorized the advertisement, as required by section 352 of the Canada Elections Act, thereby committing an offence as set out in paragraph 496(1)(b) of the Canada Elections Act. the contracting party reported acting on his own and that his actions were neither encouraged nor condoned by any political party. Stephen Kovacic, Sr. recognized that the pamphlet produced in Slovakia cost him less than $500.
Prior to the conclusion of the agreement, the Commissioner of Canada Elections took into account that
- The contracting party disposed immediately of all remaining copies of the unauthorized pamphlet when he discovered that he was in violation of the Canada Elections Act.
In summary, the agreement required the contracting party to
- acknowledge the legal requirement for a third party to identify oneself in any election advertising;
- acknowledge that the costs of any election advertising conducted by a third party must be calculated on the basis of its commercial value in Canada or elsewhere;
- recognize that he must register in the future as a third party in accordance with the requirements of subsection 353(2) of the Canada Elections Act if the cost of election advertising amounts to $500 or more and that any such advertising conducted by him in the future must be reported to the Chief Electoral Officer in accordance with section 359 of the Canada Elections Act;
- acknowledge the right of the public to know who is incurring advertising expenses as well as the importance of the principle of transparency of election financing; and
- undertake to observe the requirements of the Act and to henceforth respect them.
Ottawa, February 18, 2005
RAYMOND A. LANDRY
Commissioner of Canada Elections