Disposition of Complaints

Once a complaint has been reviewed or investigated, the Election Commissioner will make a finding or render a decision.

Refusal or Cessation of an Investigation

The Election Commissioner may refuse to conduct or may cease an investigation if the Election Commissioner is of the opinion that

1. the matter is frivolous or vexatious, or
2. there are no reasonable grounds or insufficient grounds to warrant an investigation or the continuation of an investigation.

Compliance Agreement*

The Election Commissioner may enter into a Compliance Agreement with a person. The intent of this agreement is to ensure compliance with the EFCDA.

Letter of Reprimand*

The Election Commissioner may, by written notice, issue a letter of reprimand to a person, corporation, trade union or employee organization. A record of the Letter of Reprimand will be posted on this website.

Administrative Penalty*

The Election Commissioner may, by written notice, require a person, corporation, trade union or employee organization to pay a penalty. A record of the Letter of Administrative Penalty will be posted on this website.

The following statutory factors that are considered in the calculation of the penalty:

1. The severity of the contravention.
2. Is there any degree of willfulness or negligence in the contravention?
3. Are there any mitigating factors relating to the contravention?
4. Were steps taken to prevent reoccurrence of the contravention?
5. Does the subject have a history of noncompliance?
6. Did the subject report the contravention on discovery of the contravention?
7. Any other factors that, in the opinion of the Election Commissioner, are relevant.

Prosecution*

No prosecution of an election related offence can be initiated without the consent of the Election Commissioner.

* Must occur within three years of the occurrence date of the alleged contravention.