Commissioner of Canada Elections
Canada Elections Act
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 September 27, 2022, the Deputy Commissioner of Canada Elections accepted an undertaking from Stephane Perrault, pursuant to section 521.13 of the Canada Elections Act. The text of the undertaking is set out in full below.
November 7, 2022
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 Stephane Perrault, official agent for Jerome Perrault. The undertaking is aimed at ensuring compliance with the Act.
The relevant provision of the Act is subsection 477.59(1), which requires an official agent 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, within four months after polling day.
Section 508.1 of the Act makes it a violation to contravene this provision.
Statements of Stephane Perrault
For the purpose of this undertaking, Stephane Perrault acknowledges the following:
- As the official agent for Jerome Perrault, the People’s Party of Canada candidate in the electoral district of Desnethé–Missinippi–Churchill River during the 43rd general election, held on October 21, 2019, Stephane Perrault was required by subsection 477.59(1) of the Act to provide the Chief Electoral Officer with the candidate’s Return within four months after polling day.
- On July 4, 2022, Stephane Perrault informed a Compliance Officer from the Office of the Commissioner of Canada Elections that he could not submit the Return because he was missing the documents relating to the candidate’s personal expenses. The candidate had advised Stephane Perrault that these documents had been destroyed in a fire in the candidate’s office.
- At the time of the signing of this undertaking, the Return has still not been provided to the Chief Electoral Officer. Moreover, Stephane Perrault has not applied to a Superior court judge, pursuant to subsection 477.71(1) of the Act, to be relieved, as an official agent, of the obligation to include the candidate’s statement of personal expenses in the Return.
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:
- Stephane Perrault co-operated with the Commissioner’s Office;
- Applying for a court order relieving the official agent from the obligation to submit a Return setting out expenses with respect to which the relevant documents are not available, because they were, for example, destroyed in a fire is a process provided for in the Act;
- The publication of such an undertaking will inform future official agents that there is such recourse if they are ever in a similar situation.
Terms and Conditions
Pursuant to subsection 477.71(1) of the Act and within three months of the Deputy Commissioner’s signing of the undertaking, Stephane Perrault undertakes to apply to a judge of the Court of King’s Bench for Saskatchewan, for an order to be relieved of the obligation to include the candidate’s statement of personal expenses in the Return, as provided for in paragraph 477.59(2)(a.4) of the Act, since the relevant documents were reportedly destroyed in a fire.
Stephane Perrault undertakes to notify the Chief Electoral Officer and the Deputy Commissioner of the filing with the court of the application under subsection 477.71 of the Act, within three days of the application having been made, by providing them with a copy of the filed application.
Stephane Perrault undertakes to provide the Chief Electoral Officer and the Deputy Commissioner with the judge’s decision on the application immediately after it is rendered.
In any event, Stephane Perrault undertakes to provide the Chief Electoral Officer with a Return and other related documents that is completed on the basis of all information and all existing supporting documentation, within 30 days of the judge’s decision.
Pursuant to subsection 521.13(4) of the Act, the Deputy Commissioner has informed Stephane Perrault 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 Stephane Perrault 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 Stephane Perrault.
Signed in the City of Saskatoon, in the province of Saskatchewan, this 23rd day of September, 2022.
Signed in the City of Ottawa, in the province of Ontario, this 27th day of September, 2022.
Deputy Commissioner of Canada Elections