Compliance Agreements

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 July 21, 2016, the Commissioner of Canada Elections entered into a Compliance Agreement with Dr. Emily McMillan, Executive Director of the Green Party of Canada pursuant to section 517 of the Canada Elections Act. The text of the Compliance Agreement is set out in full below.

July 22, 2016

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 Green Party of Canada (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The relevant provisions of the Act are subsection 326(1) and paragraphs 495(1)(b) and 495(4)(a), which make it an offence to fail to set out the information that must be included with the results of an election survey transmitted to the public during an election period; and paragraph 482(b), which makes it an offence to use any pretence or contrivance to induce a person to vote or not to vote for a particular candidate in an election.

Statements of the Contracting Party

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

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 web site, including the facts that:

Undertaking and agreement

The Contracting Party undertakes to prepare a notice, in both official languages, the contents of which must be entirely satisfactory to the Commissioner, describing the facts related to this matter and the contents of this compliance agreement. The proposed text is to be provided to the Commissioner within 30 days of receipt of a copy of this agreement signed by the Commissioner.

The Contracting Party undertakes to post the notice described in the preceding paragraph on the first page of its web site, for a minimum period of 30 days beginning as soon as practicable after the Commissioner has approved its content, in a conspicuous and publicly accessible location where it is readily visible. The Contracting Party further undertakes to provide evidence to the Commissioner that this undertaking has been complied with.

The Contracting Party undertakes to distribute the contents of the notice, referred to in the preceding two paragraphs, in the form of a bilingual news release to the national news media (which notably includes but is not limited to English regional news media in Victoria, B.C.), at its own cost, as soon as practicable after the Commissioner has approved its contents. The Contracting Party must provide a copy of the release to the Commissioner as evidence of compliance with this undertaking.

The Contracting Party undertakes to give written notice to its directors and to members of its Federal Council of the signing and scope of this compliance agreement by providing them with a copy of the aforementioned notice, electronically or otherwise, as soon as practicable after the Commissioner has approved its content and to provide written evidence to the Commissioner, within 30 days of the notice having been given in this manner.

The Contracting Party undertakes to comply with the relevant provisions of the Act in the future.

The Contracting Party consents to the publication of this agreement in the Canada Gazette and on the Commissioner's web site.

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 the compliance agreement, and in any event, the Director of Public Prosecutions cannot institute such a prosecution unless non-compliance has been established.

Under subsection 517(5), the compliance agreement and statements it contains are not admissible in evidence against the Contracting Party in any civil or criminal proceedings.

For greater certainty, it is understood that an admission of responsibility for acts or omissions that constitute an offence made herein by the Contracting Party does not constitute a guilty plea within the meaning of criminal law.


Signed by Dr. Emily McMillan on behalf of the Contracting Party in the City of Ottawa, in the province of Ontario this 19th day of July 2016.


Dr. Emily McMillan
Executive Director, Green Party of Canada

Signed by the Commissioner of Canada Elections, in the City of Gatineau, in the province of Quebec, this 21st day of July 2016.

Yves Côté, QC
Commissioner of Canada Elections

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