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 (hereafter referred to as the "Act").

On October 24, 2013, and pursuant to section 517 of the Act, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Theodore John Opitz (hereafter referred to as the "Contracting Party"), of the city of Toronto, in the province of Ontario. The Contracting Party was a nomination contestant in the 2008 Conservative Party of Canada nomination contest in the electoral district of Mississauga South (the "2008 Opitz nomination campaign") and remains a nomination contestant under the definition of that term in the Act.

The compliance agreement between the Commissioner and Mr. Opitz includes provisions related both to Mr. Opitz as the Contracting Party and to his assistance to his financial agent, Mr. Aly Salim Hirji, in carrying out a separate compliance agreement.

Filing requirement for nomination campaign return

The Contracting Party has acknowledged contributing $9,000 to the 2008 Opitz nomination campaign and to incurring nomination contest expenses in an amount that exceeded $1,000. The Contracting Party acknowledges that information relating to these expenses was not, at the relevant time, in the possession of or under the control of his financial agent, Mr. Hirji.

The Contracting Party has acknowledged that no nomination campaign return was provided to the Chief Electoral Officer by Mr. Hirji, despite the requirement under paragraph 478.23(1)(a) of the Act that such a return shall be filed where a nomination contestant receives contributions over $1,000 or incurs expenses over $1,000.

The Contracting Party has acknowledged that he is aware of the terms of a compliance agreement entered into by his financial agent, Mr. Hirji, namely that Mr. Hirji agrees to do the following: provide the Chief Electoral Officer with a campaign return for the 2008 Opitz nomination campaign, correct and complete as to the last known transaction for that campaign; provide updates to the Chief Electoral Officer; and, following the remittance of the amount of $6,900 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 compliance agreement, file a final report.

Contributions exceeding personal contribution limit

The Contracting Party has acknowledged that, under the terms of the Act applicable to a nomination contest occurring in 2008, namely paragraphs 405(1)(a.1) and 405(4)(a) and section 405.1, a nomination contestant may not contribute in excess of $2,100 to his or her nomination campaign in that calendar year.

The Contracting Party has acknowledged that his contribution of $9,000 to the 2008 Opitz nomination campaign resulted in a contribution of $6,900 in excess of the allowable contribution limit and that this act could constitute an offence under paragraph 497(3)(f.13) of the Act.

The Contracting Party has acknowledged and has accepted responsibility for this act, and is now aware of paragraphs 405(1)(a.1) and 405(4)(a), section 405.1 and the offence provision at paragraph 497(3)(f.13) of the Act.

The Contracting Party has acknowledged that section 405.4 of the Act requires a financial agent, within 30 days of becoming aware of a contribution to a nomination contestant that was made in contravention of a limit under subsection 405(1), to either return the contribution unused to the contributor or, if that is not possible, to pay the amount of the contribution to the Chief Electoral Officer, who shall remit it to the Receiver General.

The Contracting Party is aware that Mr. Hirji has entered into a separate compliance agreement with the Commissioner of Canada Elections, and that a term of that agreement is for Mr. Hirji to open a new campaign bank account for the 2008 Opitz nomination campaign.

In addition, the Contracting Party is aware that Mr. Hirji has agreed to provide to the Chief Electoral Officer from the new nomination campaign bank account, for payment to the Receiver General, the greatest possible portion of the amount of $6,900, being the portion of the amounts contributed by the Contracting Party in 2008 that exceeded the contribution limits in the Act.

Under the compliance agreement, the Contracting Party agrees to

The Contracting Party acknowledges that the nomination campaign return and updates are subject to audit by the Office of the Chief Electoral Officer and will be posted on the Elections Canada Web site as submitted.

The Commissioner agrees that the fulfillment of the undertakings in the agreement by the Contracting Party will constitute compliance with the agreement.

Ottawa, February 3, 2014

Yves Côté, QC
Commissioner of Canada Elections



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