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
- the matter is frivolous or vexatious, or
- there are no reasonable grounds or insufficient grounds to warrant an investigation or the continuation of an investigation.
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.
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:
- The severity of the contravention.
- Is there any degree of willfulness or negligence in the contravention?
- Are there any mitigating factors relating to the contravention?
- Were steps taken to prevent reoccurrence of the contravention?
- Does the subject have a history of noncompliance?
- Did the subject report the contravention on discovery of the contravention?
- Any other factors that, in the opinion of the Election Commissioner, are relevant.
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.