Provision of undertaking

(1) If a person or entity has committed a violation, they may provide the Commissioner with an undertaking in writing that is aimed at ensuring compliance with this Act.

When undertaking may be provided

(2) If a notice of violation has been served on a person or entity, an undertaking in relation to an act or omission to which the notice relates may be provided at any time before the person or entity is deemed to have committed the violation to which the notice relates.

Contents

(3) The Commissioner may accept the undertaking only if the undertaking

(a) identifies, as the case may be,

(i) the provision of this Act that was contravened,

(ii) the requirement of the Chief Electoral Officer that was not complied with, or

(iii) if the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with;

(b) identifies the act or omission to which the contravention or the failure to comply relates; and

(c) contains the terms and conditions that the Commissioner considers appropriate, including a requirement that the person or entity pay an amount that is specified in the undertaking in the time and manner set out in the undertaking.

Obligation of Commissioner

(4) Before accepting the person’s or entity’s undertaking, the Commissioner shall inform them of the Commissioner’s obligation to publish a notice under subsection 521.34(2).

2018, c. 31, s. 365.