Marginal note:Application for injunction
516. (1) If the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2).
(2) If the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:
(a) refrain from committing any act that it appears to the court is contrary to this Act; and
(b) do any act that it appears to the court is required by this Act.
(3) No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
Marginal note:Compliance agreements
517. (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to 521 called the “contracting party”).
Marginal note:Terms and conditions
(2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary to ensure compliance with this Act.
Marginal note:Obligations of Commissioner
(3) Before entering into a compliance agreement, the Commissioner shall
(a) advise the prospective contracting party of the right to be represented by counsel and give him or her an opportunity to obtain counsel; and
(b) obtain the consent of the prospective contracting party to the publication of the agreement under section 521.
Marginal note:Admission of responsibility
(4) A compliance agreement may include a statement by the contracting party in which he or she admits responsibility for the act or omission that constitutes the offence.
Marginal note:Inadmissible in evidence
(5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.
Marginal note:Effect of compliance agreement — no referral
(6) If a matter has not yet been referred to the Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or omission that led to the agreement unless there is non-compliance with it.
Marginal note:Matter that has been referred
(7) If a matter has already been referred to the Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — remit the matter back to the Commissioner so that it may be so dealt with.
Marginal note:Effect of compliance agreement
(8) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Director of Public Prosecutions may not institute such a prosecution.
(9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.
Marginal note:Copy to be provided
(10) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the compliance agreement to the Director.
- 2000, c. 9, s. 517;
- 2001, c. 21, s. 25(E);
- 2006, c. 9, s. 133.
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