Commissioner of Canada Elections imposes administrative monetary penalties for election violations

One penalty targeted an online news platform editor for failing to register

Commissioner of Canada Elections imposes administrative monetary penalties for election violations

The Commissioner of Canada Elections (CCE), Caroline J. Simard, has announced three administrative monetary penalties (AMPs) for violations of the Canada Elections Act.

In keeping with transparency requirements, the Commissioner published summaries of these penalties on the CCE's website. One penalty targeted an online news platform editor for failing to register as a third party after incurring more than $500 in partisan advertising expenses during the pre-election period for the 43rd federal general election.

The editor of Canada Fact Check paid to advertise two Facebook posts promoting articles from the Canada Fact Check website. The promoted ads contained the required elements of partisan advertising, as defined in subsections 2(1) and 2(7) of the Canada Elections Act, as they opposed a registered party, the election of a potential candidate, or the leader of a registered party. Accordingly, the Commissioner found reasonable grounds to believe that the editor failed to register immediately as a third party as required by the act.

Two additional penalties were imposed on an individual who served as the official agent for two candidates during the 44th federal general election. The penalties addressed the failure to file campaign returns for these candidates within the four-month deadline following polling day, as mandated by the act.

Administrative monetary penalties serve as an enforcement tool to promote compliance with election laws. They are intended to ensure adherence to the regulations and maintain the integrity of the electoral process. The CCE has outlined its approach to AMPs in its policy for the Administrative Monetary Penalty Regime, which provides further information on how the penalties are implemented.

The Office of the Commissioner of Canada Elections is independent of Elections Canada. While Elections Canada manages the electoral process and administers the act, the CCE is responsible for enforcing compliance with the Canada Elections Act and the Referendum Act.