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.
In accordance with section 517 of the Canada Elections Act, on August 4, 2015, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Sven Spengemann. The text of the compliance agreement is set out in full below.
August 11, 2015
Yves Côté, QC
Commissioner of Canada Elections
Pursuant to section 517 of the Canada Elections Act (the "Act"), the Commissioner of Canada Elections (the "Commissioner") and Mr. Sven Spengemann enter into this agreement aimed at ensuring compliance with the Act.
The provisions of the Act applicable at the relevant time were subsection 404.2(1), paragraphs 405(1)(a.1) and 405(4)(a), section 405.4, subsection 478.13(3) and paragraphs 497(3)(f.13) and 497(3)(z.03). These provisions were re-enacted by L.C. 2014, c.12 and now correspond, respectively, to subsection 364(1), paragraph 367(1)(b), subsection 367(5), section 372, subsection 476.66(4) and paragraphs 497(2)(d) and 497(2)(f) of the Act.
Statements of the Contracting Party
I, Sven Spengemann (the "Contracting Party"), of the City of Mississauga in the Province of Ontario, was a nomination contestant in the 2014 Liberal Party of Canada nomination contest in the electoral district of Mississauga—Lakeshore and acknowledge the following:
- Paragraph 405(1)(a.1) of the Act provided that an individual could contribute up to a maximum of $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party.
- For the 2014 calendar year, section 405.1 of the Act provided for a $200 adjustment for inflation to the contribution limit that was set out in paragraph 405(1)(a.1) of the Act, bringing the individual contribution limit to $1,200 for that calendar year.
- Paragraph 405(4)(a) of the Act allowed an individual who was a nomination contestant to contribute up to an additional $1,000 of their own funds to their nomination campaign without this amount counting towards the individual contribution limit under the Act.
- Subsection 404.2(1) of the Act provided that any money used for a nomination contestant's campaign out of the contestant's own funds was considered to be a contribution for the purposes of the Act.
- Subsection 478.13(3) of the Act provided that no person other than the financial agent of a nomination contestant could pay nomination campaign expenses, except for the nomination contestant's personal expenses.
- As a result of the aforementioned provisions, I was not allowed to contribute more than $2,200 to my 2014 nomination campaign, and I was not allowed to pay for nomination campaign expenses other than my own personal expenses.
- In the course of the 2014 Liberal Party of Canada nomination contest in the electoral district of Mississauga—Lakeshore, I made contributions of $4,255.64 to my nomination campaign, thereby exceeding the nomination contestant contribution limit of $2,200 by $2,055.64(the "excess contribution").
- The excess contribution resulted from my paying out of my own funds part of the campaign expenses, using my personal credit card as well as cash.
- These acts could constitute an offence under the former paragraph 497(3)(f.13) of the Act, as they resulted in excess contributions being made to my campaign. These acts could also constitute an offence under the former paragraph 497(3)(z.03) of the Act, as I paid for nomination campaign expenses other than my own personal expenses.
- I am responsible for the acts mentioned above and am now aware of the relevant provisions of the Act.
- Pursuant to section 405.4 of the Act (now section 372), if a nomination contestant receives a contribution made in contravention of the contribution limits, the financial agent of the nomination contestant has to return it unused to the contributor, within 30 days after becoming aware of the contravention, or if that is not possible, to pay the amount of it to the Chief Electoral Officer. The Chief Electoral Officer forwards the amount to the Receiver General.
- I personally incurred and paid the above-noted nomination campaign expenses without the involvement of my financial agent.
- The excess contribution has been used by my campaign to pay for nomination campaign expenses, and thus cannot be returned unused to me. In accordance with the provisions of the Act, the excess contribution must therefore be remitted to the Chief Electoral Officer, who will forward it to the Receiver General.
Under this Compliance Agreement, the Commissioner and the Contracting Party agree that the Contracting Party will:
- Use all best efforts to obtain and provide to his financial agent a list of all expenses incurred by the Contracting Party and supporting information documenting these expenses, as well as information relating to all nomination campaign contributions made or received by the Contracting Party.
- Use all best efforts to find, within six months following the signing of the agreement, contributors who have not yet contributed up to the limit permitted under the new paragraph 373(4)(b) of the Act, who may accept to contribute to the Contracting Party's 2014 nomination campaign, provided the total amount of the contributions received does not exceed $2,055.64.
- Inform any person who wishes to make an eligible contribution to the Contracting Party's 2014 nomination campaign that their contribution must be provided to the financial agent, so that the financial agent may deposit the contribution in the nomination campaign bank account that will be opened for this purpose and provide a receipt to the contributor.
- Ensure that all contributions received by the financial agent in furtherance of the agreement are remitted to the Chief Electoral Officer.
- Ensure that his nomination campaign return is updated and reflects all the campaign's expenses incurred and contributions received, and this updated return is filed by the financial agent with Elections Canada.
- Review the return and provide a declaration as to the completeness and accuracy of the return.
- Collaborate with the financial agent to provide reports detailing the deposit or withdrawal of money from the new campaign bank account following the signing of the agreement. The first report shall be filed after the three-month period following the signing of the agreement. A final report shall be filed following either the remittance of the amount of $2,055.64 to the Chief Electoral Officer or, in any event, within 30 days of the end of the six-month period following the signing of the agreement.
The Contracting Party acknowledges that the Commissioner has advised him of his right to be represented by counsel and that he has had the opportunity to obtain counsel.
The Contracting Party understands that his acknowledgement of non-compliance does not constitute a guilty plea in the criminal sense and that no record of conviction is created as a result of admitting responsibility for acts that could constitute an offence.
The Contracting Party consents to the publication of this agreement in the Canada Gazette and on the Commissioner's website in accordance with section 521 of the Act.
The Commissioner acknowledges that the Contracting Party fully cooperated with the Commissioner's investigation into this matter.
The Commissioner agrees that the fulfilment by the Contracting Party of the undertakings in this agreement will constitute compliance with the agreement.
Signed by the Contracting Party, in
the City of Mississauga,
this 24th day of July 2015.
Signature of Witness
Name and Address of Witness
Signed by the Commissioner of Canada
Elections, in the City of Gatineau, this 4th day of August 2015.
Yves Côté, QC
Commissioner of Canada Elections