Summary of the Notice of Violation

Name of individual, corporation or entity Damen MacGillivray
Date of violation 43rd federal general election
Section of the Act 477.47(4)
Baseline amount $300
Aggravating factor +1
Mitigating factor N/A
AMP total amount $500
Issued by Manager, Compliance Unit

Key facts of violation

Damen MacGillivray was the President of the Brandon–Souris People’s Party of Canada Electoral District Association during the 43rd federal general election, held on October 21, 2019. During this time, he had a significant role in People’s Party of Canada candidate Robin Lussier’s electoral campaign. He was not, however, the appointed official agent for the campaign.

More specifically, information provided from those involved in the campaign, including Damen MacGillivray, indicates that he was responsible for managing all finances for Robin Lussier’s campaign. This included paying for campaign expenses from his own funds. Furthermore, the bank account used for the campaign was opened at a bank at which Damen MacGillivray was employed and where he could have access to it.

There are therefore reasonable grounds to believe that Damen MacGillivray paid a candidate’s campaign expenses while not the campaign’s official agent, in violation of subsection 477.47(4) of the Canada Elections Act.

An aggravating factor was added to the baseline amount of the AMP based on the harm done by the violation. Damen MacGillivray acted as the official agent for Robin Lussier despite that another individual had been formally appointed. He incurred election expenses and paid for them using his own personal funds, and subsequently reimbursed himself from funds in the Electoral District Association's bank account. As he did not provide the required information about these transactions to the officially appointed official agent, the latter was unable to submit the Candidate’s Electoral Campaign Return to the Chief Electoral Officer, resulting in a lack of transparency concerning the campaign’s financing and expenses.

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