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 (hereafter referred to as the "Act").
On October 18, 2013, the Commissioner of Canada Elections, pursuant to section 517 of the Act, entered into a compliance agreement with Mr. Ryan Vernon (hereafter referred to as the "Contracting Party"), of the city of Winnipeg, in the province of Manitoba, who was the official agent of the Conservative Party of Canada candidate in the electoral district of Saint Boniface in the 2011 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 Shelly Glover in the 41st federal general election exceeded the limit calculated under section 440 of the Act for the electoral district of Saint Boniface. The campaign had election expenses of $84,354.60. The limit for the electoral district of Saint Boniface was $82,086.99. The excess amount was comprised of production costs related to pre-existing advertising that was adopted and identified as election advertising for the Shelly Glover campaign.
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 compliance agreement, the Commissioner of Canada Elections took into consideration that:
- the Contracting Party acknowledged that the Candidate's Electoral Campaign Return was completed on the basis of inadvertence and an honest misunderstanding of what constitutes an election expense under section 407 of the Act, in particular concerning the expenses associated with the use of pre-existing advertising;
- the Contracting Party filed an amended Candidate's Electoral Campaign Return for the 2011 general election to reflect the amount of incurred election expenses referred to above, and has co-operated with Elections Canada;
- the Contracting Party requested that this agreement record that, should the endorsed candidate, Shelly Glover, be confirmed and participate as a candidate in the electoral district of Saint Boniface in the next federal general election, the candidate 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 2011 limit was exceeded, namely, $2,267.61.
Ottawa, October 31, 2013
Yves Côté, QC
Commissioner of Canada Elections