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 December 16, 2021, the Deputy Commissioner of Canada Elections accepted an undertaking from Grant Hepworth, pursuant to section 521.13 of the Canada Elections Act. The text of the undertaking is set out in full below.

January 28, 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 Grant Hepworth. The undertaking is aimed at ensuring compliance with the Act.

The relevant provision of the Act is section 477.42, which requires that, in the event of the death, incapacity, resignation or ineligibility of an official agent, the candidate appoint a replacement official agent without delay.

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

Statements by Grant Hepworth

For the purpose of this undertaking, Grant Hepworth acknowledges the following:

• Grant Hepworth was the People's Party of Canada candidate in the electoral district of Lethbridge during the 43rd general election. His official agent was required by subsection 477.59(1) of the Act to provide the Chief Electoral Officer with the Candidate's Electoral Campaign Return and other required documents within four months after polling day.
• On February 16, 2021, Grant Hepworth was informed by an investigator from the Office of the Commissioner of Canada Elections that his Candidate's Electoral Campaign Return had not been provided to the Chief Electoral Officer by his official agent.
• On May 12, 2021, Grant Hepworth informed the Commissioner's investigator that his official agent had passed away months earlier.
• In accordance with section 477.42 of the Act, Grant Hepworth was required to appoint a replacement without delay after his official agent's death.
• As of December 8, 2021, a replacement official agent had yet to be appointed, and the Candidate's Electoral Campaign Return is therefore still outstanding.

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 facts that:

• Grant Hepworth co-operated in good faith with the Commissioner's Office;
• He mistakenly believed that, if he appointed a replacement official agent, the latter would be held responsible for his predecessor's omission to submit the Candidate's Electoral Campaign Return;
• An undertaking will enhance future general compliance by making the Act's requirement to appoint a replacement official agent without delay better known to other candidates.

Terms and Conditions

Grant Hepworth undertakes to comply with section 477.42 of the Act by appointing a replacement official agent without delay upon the acceptance of this undertaking by the Deputy Commissioner and to advise both Elections Canada and the Deputy Commissioner of this appointment.

Grant Hepworth agrees, within 30 days after the date of the appointment of this replacement, to provide the official agent with all information related to the financing of his campaign, to enable the preparation and submission of the Candidate's Electoral Campaign Return.

Pursuant to subsection 521.13(4) of the Act, the Deputy Commissioner has informed Grant Hepworth 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 Grant Hepworth of his obligations as stated herein will constitute compliance with the undertaking.

In accordance with section 508.1 of the Act, failure to comply with any provision of this undertaking may result in the issuance of a Notice of Violation imposing an administrative monetary penalty against Grant Hepworth.