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 October 29, 2004, the Commissioner of Canada Elections entered into a compliance agreement with the contracting party in the city of Toronto, Ontario, Canada, pursuant to section 517 of the Canada Elections Act.
In this agreement, the contracting party, official agent for John Nunziata, independent candidate in the electoral district of York SouthWeston, recognizes that he did commit an offence as set out in paragraphs 497(1)(z) or 497(3)(w) of the Canada Elections Act. The contracting party failed to remit to the Receiver General of Canada the surplus of electoral funds with respect to John Nunziata's campaign in the 37th general election held on November 27, 2000, within sixty days of having received the notice of estimated surplus, the whole contrary to section 473 of the Canada Elections Act.
Prior to the conclusion of the agreement, the Commissioner of Canada Elections took into account that, on October 14, 2004, the contracting party remitted to the Receiver General of Canada the sum of $22,848.52, representing the amount of surplus electoral funds owed. On October 16, 2004, the contracting party also remitted to the Receiver General of Canada the sum of $1,693.95, representing an overpayment of election expenses. Also taken into account by the Commissioner was the fact that the contracting party did not personally benefit by transferring the surplus from the campaign account to the candidate, John Nunziata.
In summary, the agreement required the contracting party to
- acknowledge that he did not remit the surplus of electoral funds nor any
portion thereof to the Receiver General of Canada within the time period required
under the Canada Elections Act; and
- acknowledge that the failure to meet the requirements of section 473 of the Canada Elections Act constitutes an offence under the Act.
Ottawa, November 26, 2004
RAYMOND A. LANDRY
Commissioner of Canada Elections