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 May 16, 2002, the Commissioner of Canada Elections, pursuant to section 517 of the Canada Elections Act, entered into a compliance agreement with the contracting party, of the City of Montague, in Prince Edward Island, Canada.
In this agreement, the contracting party, official agent of a candidate in the electoral district of Bras d'Or–Cape Breton during the general election held on November 27, 2000, acknowledges having breached subsection 443(1) of the Canada Elections Act. The contracting party, who had previously acted as an official agent during the 1997 general election, relied on his knowledge of the 1997 rules. The contracting party stated that he did not participate in the training session organized by Elections Canada at the beginning of the 2000 campaign, since the nomination of his candidate was only confirmed after this session took place. Despite the fact that the contracting party was able to demonstrate that he had prepared a detailed budget that he regularly updated during the 2000 campaign to remain compliant with election financing rules, his calculations were erroneous because they relied on the 1997 rules concerning the remuneration paid to a candidate's poll agents. The contracting party now recognizes that since the adoption of the new Canada Elections Act in 2000, the remuneration paid to a candidate's poll agents must be included as an election expense. This error resulted in the incurring of election expenses in excess of the limit allowed in Bras d'Or–Cape Breton during the 2000 general election.
Prior to the conclusion of the agreement, the Commissioner of Canada Elections has taken into account that the contracting party has contributed to the works of a non-partisan charitable organization, the Rotary Club of Charlottetown, located in the city of Charlottetown, in the province of Prince Edward Island, as a recognition of the seriousness of the offence.
In summary, the agreement required the contracting party to:
admit to the truthfulness of the facts and admit responsibility for the acts that constitute the offence;
appreciate the gravity of his actions in the electoral process;
acknowledge the importance of the objective of promoting fair competition through the imposition of spending limits;
- undertake to comply with the provisions of the Canada Elections Act and, if appointed to act as official agent at a future election, to carefully examine the guidelines prepared by Elections Canada with respect to election financing rules.
Ottawa, May 16, 2002
Raymond A. Landry