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 February 18, 2021, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Robert Gibbs, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

February 25, 2021

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 Mr. Robert Gibbs (the Contracting Party) aimed at ensuring compliance with the Act.

The relevant provisions of the Act are paragraphs 368(1)(a) and (b), which prohibit any person or entity:

Paragraphs 497(1)(e) and (2)(e) of the Act make it, respectively, a strict liability and an intentional offence for a person or entity to contravene either of paragraphs 368(1)(a) or (b).

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 cooperated with the investigation;
  • The Contracting Party has no past history of non-compliance with the Act;
  • The Contracting Party admitted his wrongful actions;
  • The payment of an amount to the Receiver General for Canada (Receiver General) as a term and condition of the compliance agreement ensures a swift and efficient resolution of the matter.

In determining what would constitute the appropriate terms and conditions of this compliance agreement, the Commissioner also considered the following findings of the investigation that was carried out on this matter:

  • Volunteer labour is not reported under the requirements of the Act. That said, despite having being told by the Contracting Party that work with a value of some $6,000 had been performed as volunteer labour, the candidate’s official agent reported three non-monetary contributions of $2,000 from each of the individuals who performed the work, in the candidate’s electoral campaign return submitted to Elections Canada.
  • Since an individual’s contribution limit in 2015 was $1,500, the reported $2,000 contribution from each individual would have represented $500 over-contributions, for a total of $1,500 in such over-contributions.
  • In an attempt to correct this alleged over-contribution, the candidate’s official agent paid back $1,500 to the Contracting Party, with the understanding that he would provide $500 to each of the three individuals who performed the work. The Contracting Party kept that money and did not pay it over to them.
  • In accordance with the Act, the total value of a non-monetary contribution received from an entity that is ineligible to contribute must be paid to the Receiver General, and is not returned to the contributor.

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 $7,500, representing the sum of the following:

  • $6,000, representing the value of the benefit received by the campaign; and
  • $1,500, representing the amount paid back by the campaign to Romar Communications Ltd. with the understanding that each of the three individuals would be paid $500, which was never remitted to them.

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, 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 Victoria, in the province of British Columbia, on this 8th day of February 2021.

Robert Gibbs

Signed by the Commissioner of Canada Elections in the City of Gatineau, in the Province of Quebec, on this 18th day of February 2021.

Yves Côté, QC
Commissioner of Canada Elections

Date modified: