Canada Elections Act

Marginal note:Compliance agreements

• 517 (1) 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

  (6) 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 Commissioner may not institute such a prosecution.

• Marginal note:Renegotiation

  (7) 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

  (8) 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 (7).