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 April 14, 2023, the Manager, Compliance Unit at the Office of the Commissioner of Canada Elections accepted an undertaking from Dharmeshkumar Jani, pursuant to section 521.13 of the Canada Elections Act. The text of the undertaking is set out in full below.

June 1, 2023

Undertaking

Pursuant to section 521.13 of the Canada Elections Act (the Act), and the authority delegated to her in accordance with section 509.23 of the Act, the Manager of the Compliance Unit (Manager) has accepted this undertaking from Dharmeshkumar Jani. The undertaking is aimed at ensuring compliance with the Act.

The relevant provision of the Act is subsection 477.59(1), which requires the official agent of a candidate to provide the Candidate’s Electoral Campaign Return and other required documents (Return) to the Chief Electoral Officer, outlining the financing and expenses for the candidate’s electoral campaign.

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

Statements of Dharmeshkumar Jani

For the purpose of this undertaking, Dharmeshkumar Jani acknowledges the following:

• As the official agent for Jigna Jani, the People’s Party of Canada candidate in the electoral district of Scarborough–Guildwood during the 43rd federal general election, held on October 21, 2019, Dharmeshkumar Jani was required by subsection 477.59(1) of the Act to provide the Chief Electoral Officer with the candidate’s Return.
• The failure to produce the Return is due to Dharmeshkumar Jani’s lack of knowledge and experience with respect to his roles and responsibilities as an official agent.
• In addition, Dharmeshkumar Jani faced some difficulties with the appointed Auditor and COVID-19 restrictions.
• At the time of the signing of this undertaking, the Return has not yet been provided to the Chief Electoral Officer.

Factors considered by the Manager

In accepting this undertaking, the Manager 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 Manager considered the fact that:

• Dharmeshkumar Jani cooperated in good faith with the Commissioner’s Office;
• This undertaking will enhance future compliance by making other official agents more aware of their obligation to file the Return, under subsection 477.59(1) of the Act.

Terms and Conditions

Dharmeshkumar Jani undertakes to notify the Manager and Elections Canada’ Political Financing Audit Directorate of the appointment by Jigna Jani of a replacement Auditor, within three days of being informed of the appointment.

Dharmeshkumar Jani undertakes to provide the replacement Auditor with all the campaign financial documents within 15 days of their appointment.

Dharmeshkumar Jani undertakes to notify the Manager that he has provided the replacement Auditor all the campaign financial documents within three days of doing so.

In any event, Dharmeshkumar Jani undertakes to comply with subsection 477.59(1) of the Act by providing the Chief Electoral Officer with a Return that is completed on the basis of all information and all existing supporting documentation, within 75 days of the appointment of the replacement Auditor.

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

The Manager agrees that the fulfillment by Dharmeshkumar Jani 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 term or condition of this undertaking may result in the issuance of a Notice of Violation imposing an administrative monetary penalty against Dharmeshkumar Jani.