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 September 11, 2002, the Commissioner of Canada Elections, pursuant to section 517 of the Canada Elections Act,entered into a compliance agreement with the contracting party, as represented by its duly authorized representative, City Clerk for the contracting party, the said city becoming, without continuance of suit, the contracting party in place of the City of L'Ancienne-Lorette, which it succeeded under section 6 of the Charter of the City of Québec (2000, Chapter 56, Schedule II).
In this agreement, the contracting party acknowledges that, during the election period of the general election held on November 27, 2000, the City of L'Ancienne-Lorette, its employees or agents incurred election advertising expenses on the order of $2 561.08. The City of L'Ancienne-Lorette was not duly registered as a third party with the Chief Electoral Officer, in accordance with subsection 353(1), thus contravening paragraph 496(1)(c) of the Canada Elections Act. The contracting party further acknowledges that the City of L'Ancienne-Lorette, its employees or agents did not submit to the Chief Electoral Officer, in the prescribed form, the election advertising report in the four months after polling day, as provided for in subsection 359(1), thus contravening paragraph 496(1)(f) of the Canada Elections Act.
Prior to the conclusion of the agreement, the Commissioner of Canada Elections took into account that the contracting party admitted that the behaviour of the City of L'Ancienne-Lorette was such as to prevent effective control of election spending, in particular that of third parties, and to compromise the transparency of election financing. The contracting party further acknowledged the validity of these provisions of the Canada Elections Act and the importance of complying with the Act. The Commissioner also took into account the fact that the contracting party published, in the City's newspaper on September 6, 2002, a public notice of the facts relating to the offences in question.
In summary, the agreement required the contracting party, as represented by its duly authorized representative, to:
- admit to the truthfulness of the facts and admit responsibility for the
acts that constitute the offence;
- undertake to henceforth ensure that the provisions of the Canada Elections
Act are complied with by the city, its employees or agents;
- undertake to submit to the Chief Electoral Officer any information that would be required, during an election period, to register a third party and to submit, in the prescribed form, the election advertising report of the City of L'Ancienne-Lorette.
Moreover, in accordance with section 518 of the Act, the agreement executed by the contracting party terminates any prosecution based on the offences in question against the City of L'Ancienne-Lorette, which the contracting party succeeded, and prevents the Commissioner from instituting such a prosecution.
Ottawa, October 15, 2002
Raymond A. Landry
Commissioner of Canada Elections