Specific Authorities of the Commissioner of Elections
Investigations
The Commissioner's primary responsibility is to conduct investigations into matters
which might constitute an offence under The Elections Act (EA) or
The Election Financing Act (EFA) and to decide whether or not to institute
a prosecution for the alleged offence.
The Commissioner may commence an investigation at his or her own initiative or at
the request of another. The Commissioner may refuse to conduct an investigation
if he or she considers a request to be frivolous, vexatious, made in bad faith or
unnecessary in the circumstances.
Prosecutions
If the Commissioner believes on reasonable grounds that an offence under the EA or the EFA
has been committed, and is of the view that the public interest so requires, the
Commissioner may institute a prosecution for an offence under this Act.
Only the Commissioner is permitted to investigate matters under the
EA and the EFA and to
institute prosecutions. The deadline for commencing a prosecution under the EA or the EFA
is one year after the date on which the Commissioner has reasonable and probable
grounds to believe that an offence has been committed.
Complaints about government advertising
The EFA restricts the advertising that can be done
by a provincial government department or Crown agency during an election.
The Commissioner of Elections is the individual designated to receive any complaints
regarding government advertising.
Other Compliance and Enforcement Tools
Formal cautions
When the Commissioner is of the view that prosecution is not required because an
offence was inadvertent or of a technical nature, the Commissioner may issue a formal
caution to the body or person alleged to have committed the offence. The Commissioner
must make public the name of the person cautioned, a summary of the offence in question
and the date the caution was issued.
Compliance agreements
If the Commissioner believes on reasonable grounds that a person has committed or
is likely to commit an act or omission that could constitute an offence under the
EA or the
EFA, the Commissioner may enter into a compliance agreement, aimed
at ensuring compliance. A compliance agreement is a voluntary agreement between
the Commissioner and the person, in which the person agrees to terms and conditions
necessary to ensure compliance with legislated requirements. The Commissioner makes
the contracting party's name, the act or omission and a summary of the compliance
agreement public.
Injunctions (during an election period)
If the Commissioner has reasonable grounds to believe that a person has committed
or is likely to commit an act or omission that is contrary to the
EA or the EFA, the Commissioner
may, during an election period, after taking into account the nature and seriousness
of the act or omission, the need to ensure fairness of the electoral process and
the public interest, apply to the court for an injunction.