Canada Gazette, Part I, Volume 151, Number 16: PARLIAMENT

April 22, 2017

HOUSE OF COMMONS

First Session, Forty-Second Parliament

PRIVATE BILLS

Standing Order 130 respecting notices of intended applications for private bills was published in the Canada Gazette, Part I, on November 28, 2015.

For further information, contact the Private Members' Business Office, House of Commons, Centre Block, Room 134-C, Ottawa, Ontario K1A 0A6, 613-992-6443.

Marc Bosc
Acting Clerk of the House of Commons

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 April 7, 2017, the Commissioner of Canada Elections entered into a compliance agreement with the Progressive Canadian Party, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

April 7, 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 the Progressive Canadian Party (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The provisions of the Act that are applicable are section 400 and paragraph 497.1(1)(b), as well as subsection 408(2) and paragraph 497.1(3)(e).

Pursuant to section 400 and paragraph 497.1(1)(b), it is an offence for a registered party to fail to appoint a replacement without delay when its chief agent becomes ineligible. Pursuant to the same provisions, it is also an offence for a registered party that has appointed a replacement to fail to inform the Chief Electoral Officer of the appointment within 30 days of the appointment. Moreover, pursuant to subsection 408(2) and paragraph 497.1(3)(e), it is an offence for a registered party to provide false or misleading information about the validity of their registration information at the beginning of a general election, and annually, in the statements to the Chief Electoral Officer required under paragraphs 406(1)(a) or 407(1)(a) of the Act.

Statements of the Contracting Party

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

Failure to appoint a new chief agent

False or misleading information with respect to confirmation of the validity of a party's registration information

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 at www.cef-cce.gc.ca, including the fact that the Contracting Party co-operated fully, promptly, and in good faith in the Commissioner's investigation. In addition, the Commissioner considered the fact that the Contracting Party recently appointed a chief agent who has prepared and submitted to Elections Canada, on behalf of the Contracting Party, the election expenses return for the 42nd general election, as well as the financial transactions return for fiscal year 2015.

Undertaking and agreement

The Contracting Party undertakes to pay $3,000 to the lender's estate, representing the value of the excessive loans that were accepted by the former chairman of the MacDonald—Cartier Fund Inc. in July and September 2015, within 60 days of the signing of this compliance agreement. Also within this 60-day period, the Contracting Party further undertakes to pay to the lender's estate all interest owed on this $3,000 amount for the period of time since the loans were accepted. The Contracting Party undertakes to provide the Commissioner with proof of these payments as soon as they are made.

The Commissioner agrees that the fulfillment by the Contracting Party of the undertaking in this agreement will constitute compliance with the agreement.

Pursuant to subsection 517(8) of the Act, the Commissioner and the Contracting Party recognize that once this agreement is entered into, the Commissioner will be prevented from referring this matter for prosecution to the Director of Public Prosecutions unless there is non-compliance with the terms of this agreement, and in any event, the Director of Public Prosecutions cannot institute such a prosecution unless non-compliance is established.

Signed by the Contracting Party in the City of Gatineau, in the Province of Quebec, on this 6th day of April 2017.

Allen C. Gullon
Chief agent for the Progressive Canadian Party

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the Province of Quebec, on this 7th day of April 2017.

Yves Côté, QC
Commissioner of Canada Elections

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