Vol. 150, No. 51 — December 17, 2016

PARLIAMENT

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

CHIEF ELECTORAL OFFICER

CANADA ELECTIONS ACT

Deregistration of a registered electoral district association

On application by the electoral district association, in accordance with subsection 467(1) of the Canada Elections Act, the “CHP Nanaimo—Ladysmith EDA” is deregistered, effective December 31, 2016.

December 6, 2016

Stéphane Perrault
Associate Chief Electoral Officer

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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 December 7, 2016, the Commissioner of Canada Elections entered into a compliance agreement with the City of Montréal, pursuant to section 517 of the Canada Elections Act. The text of the compliance agreement is set out in full below.

December 7, 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 City of Montréal (the Contracting Party) enter into this agreement aimed at ensuring compliance with the Act.

The provisions of the Act that are applicable are section 325 and paragraph 495(2)(b). Subsection 325(1) prohibits the prevention or impairment of the transmission to the public of an election advertising message without the consent of a person with the authority to authorize the transmission. Paragraph 495(2)(b) states that every person is guilty of an offence who contravenes section 325 with intent.

Subsection 325(2) sets out exceptions to the prohibition. It does not apply with respect to the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission (paragraph 325(2)(a)). Under paragraph 325(2)(b), the prohibition provided for in subsection 325(1) does not apply to the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety. These two exceptions do not apply in this case.

Statements by the Contracting Party

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

Factors considered by the Commissioner

In entering into this compliance agreement, the Commissioner took into account the factors described in section 32 of the Commissioner of Canada Elections Policy on Compliance and Enforcement of the Canada Elections Act, which can be consulted on the Commissioner’s website at www.cef.cce.gc.ca. In particular, the Commissioner took the following factors into account:

Undertakings and agreement

The Contracting Party undertakes to comply with section 325 of the Act in the future and, more specifically, to take all necessary measures to ensure that its employees also comply with it.

The Contracting Party undertakes to transmit the text of the compliance agreement to all of its City Council members representing the borough of Ville-Marie, and to all Ville-Marie borough managers.

The Contracting Party undertakes to post, during a 30-day period starting from reception by the Contracting Party of the copy of the compliance agreement signed by the Commissioner, a copy of the compliance agreement in a clearly visible location situated in the workplace used by Public Works employees of the borough of Ville-Marie, who would most likely be in a position to remove election advertising signs in the future.

The Contracting Party undertakes to provide the Commissioner, within 60 days of receipt by the Contracting Party of a copy of the compliance agreement signed by the Commissioner, with proof in writing that the compliance agreement was transmitted and published in accordance with the two preceding paragraphs.

The Contracting Party undertakes to post, on the first page of its website, a clear and visible link entitled “the City of Montréal enters into a compliance agreement with the Commissioner of Canada Elections” leading to the full text of the compliance agreement, and to transmit a link to the relevant web page on its official Facebook and Twitter accounts and provide proof to the Commissioner in writing within 60 days following the receipt by the Contracting Party of the copy of the compliance agreement signed by the Commissioner. The publications must be displayed for at least 30 days beginning on the first working day of its choice, between 9:00 a.m. and 5:00 p.m.

In accordance with paragraph 517(2)(b) and section 521 of the Act, the Contracting Party agrees that this compliance agreement shall be published in the Canada Gazette and on the Commissioner’s website.

In accordance with subsection 517(5), the Commissioner and the Contracting Party acknowledge that the compliance agreement and the statements it contains are not admissible in evidence against the Contracting Party in any civil or criminal proceedings.

The Commissioner agrees that the Contracting Party will have complied with this compliance agreement when it has satisfied the requirements contained therein.

Pursuant to subsection 517(8) the Commissioner and the Contracting Party acknowledge that once this compliance agreement is entered into, the Commissioner may not refer the matter to the Director of Public Prosecutions against the Contracting Party, unless there is non-compliance with the compliance agreement and, in any event, the Director of Public Prosecutions may not institute such a prosecution against the Contracting Party unless it has been shown that the compliance agreement has not been fulfilled.

Signed by Me Patrice Guay, on behalf of the Contracting Party, in the City of Montréal, in the Province of Quebec, on this 2nd day of December 2016.

Me Patrice Guay
Director of Legal Affairs Service and Chief Counsel, City of Montréal

Signed by the Commissioner of Canada Elections in the City of Gatineau, in the Province of Quebec, on this 7th day of December 2016.

Yves Côté, QC
Commissioner of Canada Elections

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