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 May 25, 2018, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Douglas K. Lowry, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

May 31, 2018

Compliance Agreement

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Douglas K. Lowry (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The relevant provisions of the Act are subsection 363(2) and paragraph 497(1)(b), which make it an offence for the financial agent of a registered association who receives a contribution from an ineligible contributor to fail to return the contribution, if it has been used, to the Receiver General of Canada, within 30 days after becoming aware of the ineligibility of the contributor.

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. In particular, the Commissioner took into account the Contracting Party's prompt and full cooperation in the Commissioner's investigation.

Undertakings and Agreement

The Contracting Party undertakes to recover the funds transferred in trust to the law firm of Bodnaruk & Capone (i.e., an amount of $13,210.20) and to deposit these funds into the Association's bank account, within a period of 15 days, at the latest, after publication of the compliance agreement on the Commissioner's website.

The Contracting Party also undertakes to issue a cheque to the Receiver General for the amount of the illegal contribution, and to send this cheque to the Chief Electoral Officer, at the latest, within 15 days after the funds are deposited into the Association's bank account.  

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

The Contracting Party consents to the publication of this compliance agreement on the Commissioner's website and for the link to that page on the website to be transmitted via the Commissioner's Twitter account.

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 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 institute such a prosecution unless non-compliance is established.

Signed by the Contracting Party, in the City of Toronto, in the Province of Ontario, this 25th day of May, 2018.

Douglas K. Lowry

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Quebec, this 25th day of May, 2018.

Yves Côté, QC
Commissioner of Canada Elections

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