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.

On November 8, 2016, the Commissioner of Canada Elections entered into a compliance agreement with William Day Construction Limited, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

November 8, 2016

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 (the Commissioner) and William Day Construction Limited (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The provisions of the Act that are applicable are subsection 133(1) and paragraph 489(1)(a), which make it an offence for an employer to fail to pay an employee for the time off work necessary during his or her hours of work to enable him or her to have – during voting hours – three consecutive hours for the purpose of casting a vote on polling day.

Statements of the Contracting Party

For the purpose of this compliance agreement, the Contracting Party acknowledges the following:

Factors considered by the Commissioner

In entering into this compliance agreement, the Commissioner took into account the factors set out in paragraph 32 of the Compliance and Enforcement Policy of the Commissioner of Canada Elections, including the following factors:

Undertaking and agreement

The Contracting Party undertakes to provide the Commissioner with confirmation that all affected employees have been paid for the last 30 minutes of their shift on polling day for the 42nd general federal election.

The Contracting Party undertakes to develop and adopt a policy – the terms of which are to be acceptable to the Commissioner – within one month of the signing of this compliance agreement. This policy shall

The Contracting Party undertakes to provide evidence to the Commissioner that the policy described in the preceding paragraph has been adopted.

The Contracting Party undertakes to prepare a notice, the contents of which must be entirely satisfactory to the Commissioner, summarizing the facts related to this matter and the contents of this compliance agreement. The proposed text is to be provided to the Commissioner within 30 days of receipt of a copy of this agreement signed by the Commissioner.

The Contracting Party undertakes to post the notice described in the preceding paragraph, on the first page of its website, with prominent placement that is fully accessible to the public, for a minimum period of 30 days beginning as soon as practicable after the Commissioner has approved its content. The Contracting Party further undertakes to provide evidence to the Commissioner that this undertaking has been complied with.

The Contracting Party undertakes to comply with the relevant provisions of the Act in the future.

The Contracting Party consents to the publication of this compliance agreement in the Canada Gazette and on the Commissioner's website.

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

Pursuant to subsection 517(8) of the Act, the Commissioner and the Contracting Party recognize that once this compliance agreement is entered into, the Commissioner will be prevented from referring this matter for prosecution to the Director of Public Prosecutions unless there is non-compliance with the terms of the compliance agreement, and in any event, the Director of Public Prosecutions cannot institute such a prosecution unless non-compliance is established.


Signed on behalf of the Contracting Party in the City of Sudbury, in the province of Ontario, this 26th day of October 2016.


William Day,
President
William Day Construction Limited

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the province of Quebec, this 8th day of November 2016.

Yves Côté, QC
Commissioner of Canada Elections

Date modified: