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 November 13, 2018, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Daryl Black, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.
November 13, 2018
Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections (the Commissioner) and Daryl Black (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 section 368(4) of the Act, which prohibits the entering into of any agreement for the payment of goods or services by any person that includes a term that the person will make a contribution to a candidate in an election, and further, section 497(2)(h) of the Act which makes it an intentional offence to knowingly contravene section 368(4) of the Act.
Statements by the Contracting Party
For the purpose of this compliance agreement, the Contracting Party acknowledges the following:
- On August 7, 2015, the Contracting Party, a landlord, negotiated a lease with the Official Agent of the Conservative Party candidate for the electoral district of Dufferin—Caledon for an office located in Bolton, Ontario.
- The duration of the lease was from August 7, 2015, through October 20, 2015.
- It was agreed between the parties to the lease that the total amount payable would be $6,000 plus Harmonized Sales Tax, along with a tax receipt for "in-kind service of $1,500" to be provided to the Contracting Party by the candidate's campaign.
- The specific clause of the lease dealing with the issuance of a tax receipt by the candidate to the Contracting Party read as follows:
"It is agreed the Rent payable will be six thousand dollars plus HST and a tax receipt for in-Kind Service of $1,500 to be provided prior to occupancy. The tenant shall also be responsible to pay the Hydro upon presentation of the bill after vacating the premises."
- The Contracting Party states that the $1,500 tax receipt issued by the candidate's campaign was mailed to the wrong address and that he, in fact, never received such a tax receipt nor did he ever make any claim for a related deduction on any tax return.
- Entering into an agreement in which a person providing goods or services to a candidate agrees to make a contribution to a candidate is prohibited by subsection 368(4) of the Act and constitutes an offence contrary to paragraph 497(2)(h) of the Act.
- The Contracting Party acknowledges and accepts responsibility for this act.
- 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 retain and instruct counsel.
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, including the following factors:
- That the Contracting Party was cooperative with investigators and has no prior history of contravening the Act;
- That the Contracting Party has not claimed any deduction on any tax return in relation to the $1,500 tax receipt issued by the candidate's campaign;
- The Contracting Party and his accountant have confirmed in writing that no tax deduction was indeed claimed and the Contracting Party acknowledges that such a deduction cannot be claimed in future tax years.
The Contracting Party will comply with the relevant provisions of the Act in the future.
The Contracting Party consents to the publication of this agreement on the Commissioner's website in accordance with section 521 of the Act.
The Commissioner acknowledges that the Contracting Party fully cooperated with the Commissioner's investigation into this matter.
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 has been established.
Signed by the Contracting Party in the City of Caledon, in the Province of Ontario, this 6th day of November 2018.
Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Quebec, this 13th day of November 2018.
Yves Côté, QC
Commissioner of Canada Elections