Other Findings and Decisions

Where the Election Commissioner has provided notice of the refusal to conduct an investigation, cessation of an investigation, or determined that no offence was committed and receives a written request for disclosure from a person or organization who received the notice, the finding or decision is listed below.

EFCDA

Dates (Note 1)	Contributor	Recipient	Circumstances (Note 2)	Direct Contribution Amount (Note 3)	Penalty Issued by CEO to the Contributor (Note 4)	Return of Contribution by the Recipient (Note 5)
Commenced: September 2012 Concluded: September 2012	Mike Allen, Progressive Conservative Association of Alberta candidate for the electoral division of Fort McMurray-Wood Buffalo in the 2012 Provincial General Election	A candidate in the 2012 Provincial General Election for another electoral division	The candidate was accused of violating the EFCDA for making a contribution to another candidate’s campaign in June 2012	$2,000	None	Not applicable. The investigation revealed that the allegation was unfounded. The contribution did not violate any provisions of the EFCDA. This information is posted at the request of the contributor, in accordance with section 5.2(3)(b).
Commenced: October 2012 Concluded: April 2013	1. Katz Group Canada Inc.	Progressive Conservative Association of Alberta (PCAA)	View the decision here regarding a prohibited contribution made in April 2012.	1. $30,000	None	Not applicable. The allegations were unfounded. Except as noted above with respect to Paul Marcaccio, neither the contributions nor the acceptance of contributions violated any provisions of the EFCDA. This information is posted in accordance with section 5.2(3)(b).
	2. Daryl Katz			2. $30,000
	3. Renee Katz			3. $30,000
	4. Barry Katz			4. $30,000
	5. Ida Katz			5. $30,000
	6. John D. Karvellas			6. $25,000
	7. Karvellas Consulting Inc.			7. $25,000
	8. Brad Gilewich			8. $25,000
	9. Brad Gilewich Professional Corporation			9. $25,000
	10. Paul Marcaccio Professional Corporation			10. $25,000
	11. Paul Marcaccio			11. $25,000
	12. J. Robert Black Professional Corporation			12. $25,000
	13. James Low & Associates Inc.			13. $25,000
	14. SPC Investments Ltd.			14. $25,000
	15. Durstling Family Trust			15. $20,000
	16. Scott Family Trust			16. $20,000
	17. Laurie Anderson			17. $15,000
Commenced: September 2013 Concluded: January 2014	County of Stettler No. 6	Progressive Conservative Candidate in the Electoral Division of Drumheller-Stettler	The County, a prohibited corporation in accordance with section 1(1)(l)(ii), was accused of violating the EFCDA for making a valued contribution to the candidate’s campaign in April 2012	Undetermined	None	Not applicable. The investigation revealed that the allegation was unfounded. There was no evidence that the County made valued contributions to the campaign. This information is posted at the request of the alleged contributor, in accordance with section 5.2(3)(b).

Note 1 :
Dates shown refer to the commencement and conclusion of the investigation. The date commenced will reflect the date shown on the initial complaint, if the investigation was initiated by an external source. If the investigation was initiated by the Chief Electoral Officer, the date the decision was made to investigate will appear. If an allegation regarding an excessive or prohibited contribution is founded, an investigation is commenced to determine whether the recipient violated the EFCDA. In this case, the date concluded will reflect the date that the investigation into the recipient’s acceptance of the contribution was completed and appropriate notice was provided to those involved. If an allegation is unfounded, the date concluded will reflect the date that appropriate notice was provided to those involved.

Note 2 :
Disclosure is limited, by law, to violations that occurred on or after December 10, 2009. Results of investigations of alleged violations that occurred prior to that date cannot be disclosed, in accordance with the confidentiality provisions of the Election Finances and Contributions Disclosure Act (the Act). Section references refer to the Election Finances and Contributions Disclosure Act ( the Act) .

Note 3 :
*Section 23 of the Act prescribes that if the individual charge for a ticket to a fundraising function is more than $50, the expense portion is $25 and the balance is deemed to be a contribution (effective to December 31, 2012 ).

Note 4 :
Several criteria were considered in the assessment of penalties, including:

Materiality/severity
Number of violations
Cooperation/self-reporting
Due diligence/policies established to ensure compliance

Note 5 :
Effective April 22, 2010, the Chief Electoral Officer had statutory authority to order a political entity to return prohibited contributions to the contributor, in accordance with section 51.1 of the Act . Prior to that, the political entity was advised to consider the voluntary return of a prohibited contribution. An order is made when it is determined that a prohibited corporation made a contribution in violation of the Act . An order does not indicate any finding of statutory violation on the part of the political entity by the Chief Electoral Officer. This information is updated to reflect contributions that have been returned.

Election Act

Dates	Subject of the Complaint	Circumstances	Decision	Penalty
Commenced: April 2012 Concluded: March 2013	John Oplanich, Wildrose Alliance Party candidate for the electoral division of Edmonton-Castle Downs in the 2012 Provincial General Election	The Candidate was accused of violation Section 162(1) of the Election Act by hosting a barbecue outside of his campaign office in April 2012. Section 162(1) prohibits a candidate from influencing an elector by providing food or beverages to the elector	Results of the investigation were shared with Alberta Justice and Attorney General. The factual evidence provided did not support a reasonable likelihood of conviction if the matter were to proceed to trial; Charges were not recommended.	None