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 March 23, 2016, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Vaughan Minor, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

March 24, 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. Vaughan Minor (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The provisions of the Act applicable at the relevant time were paragraphs 405(1)(a.1) and 497(3)(f.13). These provisions were re-enacted by S.C. 2014, c. 12, and now correspond, respectively, to paragraphs 367(1)(b) and 497(2)(d) of the Act.

Statements of the Contracting Party

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

• At the time of the events, paragraph 405(1)(a.1) of the Act provided that an individual could contribute up to a maximum of $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party.
• In accordance with what was then section 405.1 of the Act, for the 2008 calendar year, the $1,000 referred to in the preceding paragraph had been adjusted for inflation, and the contribution limit was therefore $1,100.
• The Contracting Party acknowledges that, in 2008, he contributed, in total, $3,350 to two registered associations and five candidates affiliated with the Conservative Party of Canada (Party) and, therefore, exceeded the individual contribution limit for the 2008 calendar year by $2,250. The contributions that were made were as follows:
  • On October 9, 2008, the Contracting Party contributed $250 to the electoral campaign of Mr. Mike Wallace, who was the Party's candidate in the electoral district of Burlington during the 2008 federal general election;
  • On October 1, 2008, the Contracting Party contributed $250 to the electoral campaign of Mr. Terence Young, who was the Party's candidate in the electoral district of Oakville during the 2008 federal general election;
  • On September 30, 2008, the Contracting Party contributed $250 to the electoral district association of the Party in the electoral district of Elgin–Middlesex–London;
  • On September 26, 2008, the Contracting Party contributed $250 to the electoral campaign of Ms. Lisa Raitt, who was the Party's candidate in the electoral district of Halton during the 2008 federal general election;
  • On September 23, 2008, the Contracting Party contributed $250 to the electoral campaign of Ms. Mary Lou Ambrogio, who was the Party's candidate in the electoral district of London–Fanshawe during the 2008 federal general election;
  • On September 8 and 17, and on June 30, 2008, the Contracting Party contributed respectively $100, $750 and $250 (for a total of $1,100) to the Party's electoral district association in the electoral district of London West; and
  • On September 13, 2008, the Contracting Party made two $500 contributions to the electoral campaign of Mr. Paul Van Meerbergen, who was the Party's candidate in the electoral district of London North Centre.
• For the 2011 calendar year, the Contracting Party contributed, in total, $2,123 to four registered associations affiliated with the Party and, therefore, exceeded the contribution limit for the 2011 calendar year by $1,023. The contributions that were made were as follows:
  • On December 27 and on March 23, 2011, the Contracting Party contributed respectively $100 and $250 to the electoral district association of the Party in the electoral district of London North Centre;
  • On July 7 and on March 30, 2011, the Contracting Party contributed respectively $100 and $250 to the electoral district association of the Party in the electoral district of London–Fanshawe;
  • On April 10, 2011, the Contracting Party contributed $500 to the electoral district association of the Party in the electoral district of London West; and
  • On March 22, 2011, the Contracting Party contributed $923 to the electoral district association of the Party in the electoral district of Beauce.
• 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 the 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 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 with the Commissioner's investigation;
• All the excessive contributions ($650) made by the Contracting Party in the 2008 calendar year have been either returned to the contributor or paid to the Receiver General by the candidates and registered associations that received them, in accordance with the Act's requirements; and
• In order to facilitate the removal, from the federal political system, of the excessive contributions made by the Contracting Party during the 2011 calendar year, the Contracting Party has undertaken to inform Elections Canada of the excessive contributions.

Undertaking and agreement

The Contracting Party undertakes to comply with the relevant provisions of the Act in the future.

The Contracting Party undertakes to advise Elections Canada of the excessive contributions he made in 2011 within 5 days of the signing of this Compliance Agreement.

The Contracting Party consents to the publication of this 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 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 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 institute such a prosecution unless non-compliance is established.