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 September 26, 2017, the Commissioner of Canada Elections entered into a compliance agreement with Mr. Luc Sarrazin, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

September 26, 2017

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 Luc Sarrazin (the Contracting Party) have entered into this compliance agreement to ensure compliance with the Act.

The provisions of the Act applicable at the relevant time were former subsections 404(1), 405.2(1), 478.12(1), 478.17(1) and 478.4(2) and former paragraphs 497(1) (i.4), (z.25), (z.27), (z.36), 497(3) (z.13) and (f.14) of the Act. Under those provisions, the following constituted offences: (1) failure by the financial agent of a nomination contestant to open a separate bank account for the sole purpose of the contestant's campaign; (2) failure by the financial agent of a nomination contestant to dispose of surplus nomination campaign funds pursuant to the Act; (3) circumventing the prohibition for any person or entity other than an individual who is a citizen or permanent resident to make a contribution within the meaning of the Act; and (4) failure by the financial agent of a nomination contestant to pay a contestant's unpaid claim within four months after the selection date set for the nomination campaign.

Statements by the Contracting Party

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

Failure to comply with the bank account requirements
Failure to dispose of surplus nomination campaign funds
Circumventing the prohibition for an entity to make a contribution
Failure to pay the claims related to the campaign within the prescribed time frame

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, which is available on the Commissioner's website. In particular, the Commissioner took the following factors into account:

Undertaking and agreement

The Contracting Party undertakes to revise, based on the foregoing, the financial returns for Mr. Fergus's 2009 and 2014 nomination contest campaigns, and to submit the revised document to the Chief Electoral Officer and to advise the Commissioner of the revised documents and their submission to the Chief Electoral Officer, no later than October 23, 2017.

The Contracting Party agrees to comply with the requirements for opening a separate bank account for the sole purpose of a nomination contestant's campaign if, in the future, he is still acting as a financial agent for a nomination contestant.

The Contracting Party agrees to dispose of surplus nomination campaign funds pursuant to the Act if, in the future, he is still acting as a financial agent for a nomination contestant.

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

The Commissioner agrees that the Contracting Party will have complied with this compliance agreement when it has satisfied the requirements contained therein.

In accordance with subsection 517(8) of the Act, the Commissioner and the Contracting Party acknowledge that when a compliance agreement is entered into, the Commissioner may not refer the matter to the Director of Public Prosecutions unless there is non-compliance with the compliance agreement and, in any event, the Director of Public Prosecutions may not institute such a prosecution unless it has been shown that the compliance agreement has not been fulfilled.


Signed by the Contracting Party, in the City of Gatineau, in the province of Quebec, this 14th day of September 2017.

Luc Sarrazin

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the province of Quebec, this 26th day of September 2017.

Yves Côté, QC
Commissioner of Canada Elections


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