Compliance Agreements

Commissioner Of Canada Elections

Canada Elections Act

Compliance agreement

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 21, 2015, the Commissioner of Canada Elections entered into a compliance agreement with Michel Roy. The text of the compliance agreement is set out in full below.

August 21, 2015

Yves Côté, QC

Commissioner of Canada Elections

COMPLIANCE AGREEMENT

Pursuant to section 517 of the Canada Elections Act (the Act), the Commissioner of Canada Elections and Mr. Michel Roy (the Contracting Party), a resident of the province of Quebec, enter into this compliance agreement.

As a result of amendments to the Act that came into force on December 19, 2014, all the sections in the part of the Act governing political financing were renumbered. This compliance agreement refers to the sections as they existed at the time of the acts committed by the Contracting Party.

The Contracting Party was the official agent of the electoral campaign of Pierre Lacroix, a Conservative Party candidate in the riding of Trois-Rivières, at the time of the federal general election of May 2, 2011.

Subsection 451(1) of the Act required the official agent of an electoral campaign to provide the Chief Electoral Officer with an electoral campaign return, the auditor's report and the declarations of the official agent and the candidate attesting that the electoral campaign return complied with the Act. The electoral campaign return had to contain the information prescribed in subsection 451(2) of the Act, including a complete statement of expenses and statement of contributions for the electoral campaign.

Paragraph 463(1)(b) of the Act stated that no candidate or official agent of an electoral campaign shall provide an electoral campaign return that does not substantially set out the information required by subsection 451(2) of the Act.

Non-compliance with this prohibition could constitute an offence under paragraph 497(1)(y) or 497(3)(v) of the Act.

The undersigned Contracting Party acknowledges his responsibility for the acts that constitute an offence under paragraph 463(1)(b) of the Act.

The acts and facts constituting the offence are as follows:

The Contracting Party acknowledges that he provided the Chief Electoral Officer with a campaign return that did not substantially set out the information prescribed in subsection 451(2) of the Act. The Contracting Party also acknowledges that this constitutes an act prohibited by paragraph 463(1)(b) of the Act, and an offence under paragraph 497(1)(y) or 497(3)(v) of the Act.

The Contracting Party sincerely regrets committing the alleged acts and understands the importance and seriousness of his acts. The Contracting Party now knows that he should not have provided the Chief Electoral Officer with a campaign return that did not substantially set out the information prescribed by subsection 451(2) of the Act.

The Contracting Party also acknowledges that, in accordance with paragraph 517(3)(a) of the Act, the office of the Commissioner advised him of his right to be represented by counsel and gave him the opportunity to exercise that right.

In accordance with section 521 of the Act, the Contracting Party consents to the publication by the Commissioner of a notice including his name, the alleged facts and the text of the compliance agreement, with the exception of the parties' signatures.

The Commissioner of Canada Elections acknowledges the excellent collaboration of the Contracting Party during the investigation in this case.

It is understood that the admissions made in this compliance agreement do not constitute a guilty plea in the criminal sense and that no record of conviction is created as a result of admitting responsibility for the activity that constitutes an offence.



Made and signed by Michel Roy at Trois Rivières, this 17th day of August, 2015

Michel Roy



Witness

Name of witness

Address of witness

Made and signed by the Commissioner of Canada Elections at Gatineau, this 21st day of August, 2015

Yves Côté, QC
Commissioner of Canada Elections


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