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.
On March 16, 2011, the Commissioner of Canada Elections, pursuant to section 517 of the Canada Elections Act, entered into a compliance agreement with Mr. George Pohle (hereinafter referred to as the Contracting Party), of the city of Gilford, province of Ontario, who was the official agent of the Conservative Party of Canada candidate in the electoral district of York–Simcoe in the 2008 federal general election.
The Contracting Party has acknowledged acts that constituted a failure to comply with section 443 of the Canada Elections Act, which prohibits a person authorized to incur campaign expenses from incurring election expenses in an amount that is more than the election expenses limit calculated under section 440 of the Act.
The Contracting Party has acknowledged that the election expenses he incurred in his capacity as official agent of candidate Peter Van Loan in the 40th federal general election exceeded the limit calculated under section 440 of the Act for the electoral district of York–Simcoe. The campaign had election expenses of $93,689.05. The limit for the electoral district of York–Simcoe was $89,499.52.
The Contracting Party has acknowledged and accepted responsibility for these acts, and he is now aware of section 443 of the Act and the offence provisions at paragraphs 497(1)(s) and 497(3)(p).
Prior to the conclusion of the agreement, the Commissioner of Canada Elections took into consideration that:
- the Contracting Party acknowledged that the Candidate's Electoral Campaign Return was filed on the basis of inadvertence and an honest misunderstanding of what constitutes an election expense under section 407 of the Act;
- the Contracting Party requested that this agreement record that the endorsed candidate, Peter Van Loan, should he be confirmed and participate as a candidate in the electoral district of York–Simcoe in the next federal general election, intends to voluntarily achieve a total of incurred election expenses that is less than the limit established under section 440 of the Act by an amount equivalent to the amount by which the 2008 limit was exceeded, namely, $4,189.53; and
- the Contracting Party undertook to file a corrected Candidate's Electoral Campaign Return for the 2008 general election to reflect the incurred election expenses amount referred to above.
June 23, 2011
William H. Corbett
Commissioner of Canada Elections