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, 2016, the Commissioner of Canada Elections entered into a Compliance Agreement with Mr. Jérôme Bessette, pursuant to section 517 of the Canada Elections Act. The text of the Compliance Agreement is set out in full below.

June 29, 2016

Yves Côté, QC

Commissioner of Canada Elections

Compliance Agreement

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Mr. Jérôme Bessette (the Contracting Party) entered into this Compliance Agreement aimed at ensuring compliance with the Act.

The relevant provisions of the Act are paragraphs 167(2)(c) and 489(3)(e), which make it an intentional offence for a person to take a ballot out of a polling station.

Statements by the Contracting Party

For the purpose of this Compliance Agreement, the Contracting Party acknowledges the following:

• On October 19, 2015, the polling day for the 42nd federal general election, the Contracting Party went to vote at a Montréal polling station and was given a ballot for that purpose.
• Instead of voting, the Contracting Party left the polling station with the ballot that he was given.
• An election officer on site followed the Contracting Party and advised him that taking a ballot out of a polling station was prohibited.
• Despite the election officer's intervention, the Contracting Party left and took the ballot with him.
• Through his conduct, the Contracting Party contravened paragraph 167(2)(c) of the Act, which prohibits any person from taking a ballot out of a polling station.
• In accordance with paragraph 489(3)(e) of the Act, a contravention of paragraph 167(2)(c) constitutes an offence.
• The Contracting Party acknowledges and accepts responsibility for these acts.
• The Contracting Party understands that acknowledgement of non-compliance does not constitute a guilty plea in a criminal sense and that no record of conviction is created as a result of admitting responsibility for acts that could constitute an offence.
• The Contracting Party acknowledges that the Commissioner has advised him of his right to be represented by counsel and he has had the opportunity to retain counsel.

Factors considered by the Commissioner

In entering this Compliance Agreement, the Commissioner took into account the factors set out in section 32 of the Compliance and Enforcement Policy of the Commissioner of Canada Elections, which may be consulted on the Commissioner's Web site at www.cef-cce.ca. In particular, the Commissioner considered the fact that the Contracting Party has cooperated fully and in good faith in the investigation, specifically by returning the ballot that he took from the polling station to the investigator.

Undertakings and corrective measures

Under this Compliance Agreement, the Contracting Party undertakes to comply with the relevant provisions 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.

The Commissioner agrees that fulfillment by the Contracting Party of his undertaking in this Compliance Agreement will constitute compliance with the agreement.

Pursuant to subsection 517(8) of the Act, the Commissioner and the Contracting Party acknowledge 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 unless there is non-compliance with the terms of the Compliance Agreement, and, in any event, the Director of Public Prosecutions cannot initiate such a prosecution unless non-compliance with the Compliance Agreement is established.