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 January 19, 2016, the Commissioner of Canada Elections entered into a compliance agreement with United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 527, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.
January 20, 2016
Yves Côté, QC
Commissioner of Canada Elections
Pursuant to section 517 of the Canada Elections Act (the "Act"), the Commissioner of Canada Elections (hereafter, "the Commissioner") and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 527 (hereafter, "the Contracting Party") enter into this agreement (hereafter, "Compliance Agreement") aimed at ensuring compliance with the Act.
The relevant provisions of the Act are subsection 363(1) and paragraphs 497(1)(a) and 497(2)(a).
Subsection 363(1) of the Act prohibits any person or entity other than an individual who is a Canadian citizen or permanent resident of Canada from making a contribution within the meaning of the Act.
Statements of the Contracting Party
For the purpose of this Compliance Agreement, the Contracting Party acknowledges the following:
- Mr. Russ Jessop, Business Manager of the Contracting Party, has been authorized by the Contracting Party to sign this Compliance Agreement on its behalf.
- Subsection 363(1) of the Act prohibits a person or entity other than an individual who is a Canadian citizen or a permanent resident from making a contribution pursuant to the Act.
- Therefore, the Contracting Party is not allowed to make a contribution pursuant to the Act.
- Pursuant to section 2 of the Act, a contribution can be monetary or non monetary. A non-monetary contribution is the commercial value of, among other things, a service, other than volunteer labour, which is provided without charge or at less than its commercial value.
- On September 15, 2015, the Liberal Party of Canada (hereafter, "the Party") held an event in Waterloo during which the Party leader made an announcement in relation to skilled trades.
- In support of the event, and at the request of event organizers, the Contracting Party contacted various contractors employing its members, requesting that they make them available to attend the event.
- In exchange, and unbeknownst to the Party, the Contracting Party undertook to pay its attending members a per diem of $100 each.
- On September 15, 2015, 23 members of the Contracting Party showed up at the event and stood behind the Party leader while he was making his announcement.
- On the same day, in furtherance of its undertaking, the Contracting Party issued 23 cheques of $100 each to its members who attended the event, for a total payment of $2,300.
- Since the members of the Contracting Party were remunerated for offering their services to the Party, the offer of these services was not volunteer labour. By paying members to attend the event, the Contracting Party made a non-monetary contribution to the Party of a total value of $2,300, in contravention of subsection 363(1) of the Act.
- The signing of this Compliance Agreement does not constitute a guilty plea in the criminal sense, and no record of conviction will be created as a result of its admission of responsibility for acts that could constitute an offence under the Act.
- The Commissioner advised the Contracting Party of its right to be represented by counsel and the Contracting Party had the opportunity to obtain counsel.
Factors considered by the Commissioner
- In entering into this Compliance Agreement, the Commissioner took into account the following factors:
- The Contracting Party has co-operated fully and in good faith in the Commissioner's investigation. In particular, the Contracting Party provided relevant information relating to the payment of per diems to its members who attended the event in question.
- The Party has remitted to the Receiver General the total value of the non-monetary contribution it received from the Contracting Party.
Undertaking and agreement
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 Web site in accordance with section 521 of the Act. The Commissioner agrees that the fulfillment by the Contracting Party of the undertakings 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, and in any event, the Director of Public Prosecutions cannot institute such a prosecution unless non-compliance is established.
Signed by the Contracting Party in the City of Waterloo, this 4th day of January 2016.
Signed by the Commissioner of Canada Elections, in the City of Gatineau, this 19th day of January 2016.
Yves Côté, QC
Commissioner of Canada Elections