Penalty Framework
The Election Commissioner uses the following framework to determine an appropriate monetary penalty:
| Stage 1: Administrative Penalty Baseline – percentage of the maximum penalty | |
|---|---|
| 1. Corrupt practices | 10% |
| 2. Financial reporting | 10% |
| 3. Exceeding contribution or expense limit | 10% |
| 4. Failure to register | 10% |
| 5. Election advertising | 10% |
|
Stage 2: Administrative Penalty Adjustment – percentage of the maximum penalty Adjustment of statutory factors contained in EFCDA s.51.01(4)(a) through (g) or Election Act s.153.1(3)(a) through (g) |
|
|---|---|
| a) Severity of the contravention | (+) 5% to 20% |
| b) Is there any degree of willfulness or negligence in the contravention? | (+) 5% to 20% |
| c) Are there any mitigating factors relating to the contravention? | (-) 5% to 20% |
| d) Were steps taken to prevent the reoccurrence of the contravention? | (-) 5% to 20% |
| e) Does the Subject have a history of non-compliance? | (+) 5% to 20% |
| f) Did the Subject report the contravention on discovery of the contravention? | (-) 5% to 20% |
| g) Any other factors that, in the opinion of the Election Commissioner, are relevant | (+/-) 5% to 20% |
|
Stage 2: Statutory Factor Adjustment Scale |
|
|---|---|
| Somewhat Mitigating | -5% |
| Mitigating | -10% |
| Significantly Mitigating | -15% |
| Exceedingly Mitigating | -20% |
| Somewhat Aggravating | +5% |
| Aggravating | +10% |
| Significantly Aggravating | +15% |
| Exceedingly Aggravating | +20% |
Prosecution of Offences
The Election Commissioner cannot prosecute offences but can refer a matter to the Crown Prosecutor for the prosecution of an offence. This is distinct from an administrative investigation and issuing administrative penalties or letters of reprimand. No person or entity can be subject to both a prosecution and an administrative penalty for the breach of the same provision.
There are general offence provisions in each piece of election legislation. In the Election Act and the EFCDA there are also “Corrupt Practices” which are more serious offences with elevated consequences.
The Crown Prosecutor cannot prosecute an offence under election legislation without the consent of the Election Commissioner.