PART 19Enforcement (continued)
Compliance Agreements (continued)
Marginal note:Dismissal of proceedings
520 The court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party’s performance with respect to the agreement, is of the opinion that the proceedings would be unfair.
- 2000, c. 9, s. 520
- 2018, c. 31, s. 364
521 The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and the text of the compliance agreement, other than the signatures of the individuals who signed it.
- 2000, c. 9, s. 521
- 2014, c. 12, s. 110
- 2018, c. 31, s. 364
Marginal note:Notice to party
521.1 (1) If the Commissioner has reasonable grounds to suspect that a registered party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election, the Commissioner shall, in writing, notify the party that it is required to show that that is one of its fundamental purposes.
Marginal note:Court application
(2) If, after giving the party a reasonable opportunity to show what its fundamental purposes are, the Commissioner still has reasonable grounds to suspect that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the Commissioner may apply to a court described in subsection 525(1) for an order described in subsection (3).
(3) If the court is satisfied that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the court shall, by order, direct the Chief Electoral Officer to deregister the party and it may
(a) direct the chief agent — or another person specified by the court — to liquidate the party’s assets; and
(b) if it directs liquidation under paragraph (a), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets.
Marginal note:Onus on party
(4) The onus of satisfying the court that one of its fundamental purposes is the purpose described in subsection (1) is on the party.
(5) In making its decision, the court shall consider all of the factors relevant to determining the party’s purposes, including, as applicable, the following:
(a) the party’s constitution, articles of incorporation, letters patent or by-laws or any other information that may indicate those purposes;
(b) the party’s political program, annual report to members, fundraising plan, advertising material and policy statements;
(c) the nature and extent of the activities of the party and its registered associations and candidates, including the nature and extent of their involvement in electoral campaigns and any of their public statements in support of another political party or a candidate of another political party;
(d) the funds received by the party and its registered associations and candidates, their sources and how they are used by the party, including as election expenses;
(e) interactions of the party with other entities that are not recognized political parties under the laws of any province that may indicate that it is under the control, direct or indirect, of another entity or that the party is using its status as a registered party primarily for the purpose of providing financial assistance to another entity; and
(f) whether the party is a non-profit entity.
(6) If, in the court’s opinion, the public interest and the need to ensure fairness of the electoral process warrant it, the court may, on application, exempt the party and its registered associations from the application of subsection 127(3.3) of the Income Tax Act. If an exemption is granted, the court may impose any conditions on the activities of the party, registered association or candidate that it considers appropriate.
(7) If a chief agent, a financial agent or a person specified by the court is, under subsection (3), directed to liquidate, they shall carry out the liquidation in accordance with subsections 501(4) to (7).
- 2004, c. 24, s. 23
Proceedings in Respect of a Violation
Notice of Violation
Marginal note:Issuance of notice of violation
521.11 (1) If the Commissioner believes on reasonable grounds that a person or entity has committed a violation, the Commissioner may issue, and shall cause to be served on the person or entity, a notice of violation that
(a) sets out the person or entity’s name;
(b) identifies the provision of this Act that was contravened or the requirement, or the provision of the compliance agreement or undertaking, that was not complied with;
(c) identifies the act or omission to which the violation relates;
(d) sets out the amount of the administrative monetary penalty for the violation;
(e) sets out the particulars concerning the manner of payment;
(f) informs the person or entity of their right to request a review by the Chief Electoral Officer or the Commissioner, as the case may be, of the alleged violation or proposed penalty, and sets out the manner for doing so;
(g) informs the person or entity that if they provide an undertaking that is accepted by the Commissioner, the proceedings commenced by the notice will be ended; and
(h) informs the person or entity of the consequences of failing to pay the penalty, request a review or provide the Commissioner with an undertaking.
Marginal note:Approval of manner of requesting review
(2) The manner for requesting a review by the Chief Electoral Officer that is set out in the notice of violation requires the Chief Electoral Officer’s prior approval.
Marginal note:Correction or cancellation of notice of violation
(3) At any time before a request for a review in respect of the notice of violation is received by the Chief Electoral Officer or the Commissioner, as the case may be, the Commissioner may cancel the notice of violation or correct an error in it.
Marginal note:Limitation period or prescription
521.12 (1) No notice of violation may be issued after the expiry of five years after the day on which the Commissioner becomes aware of the act or omission to which the alleged violation relates nor, in any case, later than 10 years after the day on which the act or omission occurred.
Marginal note:Certification by Commissioner
(2) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the act or omission that constitutes the alleged violation, is admissible in evidence without proof of the signature or official character of the individual appearing to have signed it and, in the absence of evidence to the contrary, is proof that the Commissioner became aware of the act or omission on that day.
Marginal note:Provision of undertaking
Marginal note:When undertaking may be provided
(2) If a notice of violation has been served on a person or entity, an undertaking in relation to an act or omission to which the notice relates may be provided at any time before the person or entity is deemed to have committed the violation to which the notice relates.
(3) The Commissioner may accept the undertaking only if the undertaking
(a) identifies, as the case may be,
(i) the provision of this Act that was contravened,
(ii) the requirement of the Chief Electoral Officer that was not complied with, or
(iii) if the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with;
(b) identifies the act or omission to which the contravention or the failure to comply relates; and
(c) contains the terms and conditions that the Commissioner considers appropriate, including a requirement that the person or entity pay an amount that is specified in the undertaking in the time and manner set out in the undertaking.
Marginal note:Obligation of Commissioner
(4) Before accepting the person’s or entity’s undertaking, the Commissioner shall inform them of the Commissioner’s obligation to publish a notice under subsection 521.34(2).
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