Undertakings

Commissioner of Canada Elections

Canada Elections Act

Undertaking

This notice is published by the Commissioner of Canada Elections, pursuant to section 521.34 (2) of the Canada Elections Act, S.C. 2000, c. 9.

On August 23, 2022, the Deputy Commissioner of Canada Elections accepted an undertaking from Claude Poirier, pursuant to section 521.13 of the Canada Elections Act. The text of the undertaking is set out in full below.

August 31, 2022

Undertaking

Pursuant to section 521.13 of the Canada Elections Act (the Act), and the authority delegated to him in accordance with section 509.23 of the Act, the Deputy Commissioner of Canada Elections (Deputy Commissioner) has accepted this undertaking from Claude Poirier. The undertaking is aimed at ensuring compliance with the Act.

The relevant provision of the Act is subsection 476.75(1), which requires the financial agent of a nomination contestant to file the Nomination Contestant's Campaign Return and other related documents (Return).

Section 508.1 of the Act makes it a violation to contravene this provision.

Statements of Claude Poirier

For the purpose of this undertaking, Claude Poirier acknowledges the following:

• Claude Poirier was the financial agent for Heather Megill, nomination contestant for the electoral district of Stormont—Dundas—South Glengarry during the 2019 Liberal Party of Canada nomination contest.
• In accordance with subsection 476.75(7), Claude Poirier was required to provide the Return within four months after the selection date, no later than February 21, 2020.
• As of the date of the signing of this undertaking, the Return has not yet been provided to the Chief Electoral Officer.
• The failure to file the Return was caused by the illness of a close family member of Claude Poirier.

Factors considered by the Deputy Commissioner

In accepting this undertaking, the Deputy 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 Deputy Commissioner considered the fact that:

• Claude Poirier cooperated in good faith with the Commissioner of Canada Elections’ Office;
• Exceptional personal circumstances, such as the illness of the financial agent’s family member, contributed to the failure to submit the Return.
• An undertaking will enhance future general compliance by making financial agents of nomination contestants more aware of their obligation to file the Return within the deadline required under subsections 476.75(1) and (7) of the Act.

Terms and Conditions

Claude Poirier undertakes to comply with subsection 476.75(1) of the Act by submitting the missing Return within 30 days of the signing of this undertaking by the Deputy Commissioner.

Pursuant to subsection 521.13(4) of the Act, the Deputy Commissioner has informed Claude Poirier that this undertaking will be published on the Commissioner’s website, as required by subsection 521.34(2) of the Act.

The Deputy Commissioner agrees that the fulfillment by Claude Poirier of the obligations as stated herein will constitute compliance with the undertaking.

In accordance with section 508.1 of the Act, failure to comply with any term or condition of this undertaking may result in the issuance of a Notice of Violation imposing an administrative monetary penalty against Claude Poirier.