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 June 29, 2021, the Commissioner of Canada Elections entered into a compliance agreement with Dennis Theman, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

July 23, 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 Dennis Theman (the Contracting Party) aimed at ensuring compliance with the Act.

The relevant provisions of the Act are:

Paragraph 497(2)(d) of the Act makes it an offence for a person to knowingly contravene subsection 367(1).

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, which is available on the Commissioner’s website, including that:

  • The Contracting Party cooperated with the investigation and has no past history of non compliance with the Act;
  • The totality of the $5,100 in excessive contributions made by the Contracting Party in 2015, as well as $200 of the $730 in excessive contributions made in 2017, has been returned to the contributor, in accordance with the Act’s requirement, and these illegal funds are therefore no longer in the political financing system; and
  • 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.

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 $7,330, consisting of the following:

  • $5,830, representing the amount of illegal contributions; and
  • $1,500, to ensure future compliance.

This payment is to be made to the Receiver General within 30 days from the date of being informed that this compliance agreement has been signed by the Commissioner.

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

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 Halifax, in the province of Nova Scotia, on this 22nd day of June, 2021.

Dennis Theman

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Quebec, on this 29th day of June, 2021.

Yves Côté, QC
Commissioner of Canada Elections

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