Potential Complaint Outcomes

Once a complaint has been investigated, the Election Commissioner will make a finding as to whether a breach of the legislation occurred and, if it has, what the appropriate outcome should be.  There are many possible complaint and investigation outcomes, including the following.

No Further Action

The Election Commissioner may conclude an investigation where the outcome identifies no breach of legislation has occurred. This will result in no further action being taken.

Advice For Future Conduct

Where the Election Commissioner finds a breach, the Election Commissioner may conclude the file by providing a person or entity with advice to guide their future conduct in compliance with the legislation. This may occur when the Election Commissioner is of the opinion the breach was unintentional and/or minor in nature, or there are other significant mitigating factors.

Compliance Agreement*

The Election Commissioner may enter into a Compliance Agreement with a person or entity. The purpose of a compliance agreement is to ensure compliance with the legislation going forward.  A summary of the agreement will be posted on the Findings and Decisions section of this webpage.

Letter of Reprimand*

The Election Commissioner may, by written notice, issue a letter of reprimand to a person or entity. A summary, including the subject’s name, the section of legislation violated, and the date the letter was issued will be posted on the Findings and Decisions section of this webpage.

Administrative Penalty*

The Election Commissioner may, by written notice, require a person or entity to pay a monetary penalty called an Administrative Penalty. A summary of the notice, including the subject’s name, the section of the legislation violated, the penalty amount, the date issued, and the date paid/status of the administrative penalty will be posted on the Findings and Decisions section of this webpage.

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

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 legislation-related offence can be initiated without the consent of the Election Commissioner.

* If the complaint is from the public, the penalty must be administered within one year of receiving the complaint.