Other Findings and Decisions
Where the Election Commissioner has provided notice of the refusal to conduct an investigation, cessation of an investigation, or determined that no offence was committed and receives a written request for disclosure from a person or organization who received the notice, the finding or decision is listed below.
Contributor Recipient Circumstances
Direct Contribution Amount
Penalty Issued by CEO to the Contributor
Return of Contribution by the Recipient
Mike Allen, Progressive Conservative Association of Alberta candidate for the electoral division of Fort McMurray-Wood Buffalo in the 2012 Provincial General Election A candidate in the 2012 Provincial General Election for another electoral division The candidate was accused of violating the EFCDA for making a contribution to another candidate’s campaign in June 2012 $2,000 None Not applicable. The investigation revealed that the allegation was unfounded. The contribution did not violate any provisions of the EFCDA. This information is posted at the request of the contributor, in accordance with section 5.2(3)(b). Commenced:
1. Katz Group Canada Inc. Progressive Conservative Association of Alberta (PCAA) View the decision here regarding a prohibited contribution made in April 2012. 1. $30,000 None Not applicable. The allegations were unfounded. Except as noted above with respect to Paul Marcaccio, neither the contributions nor the acceptance of contributions violated any provisions of the EFCDA. This information is posted in accordance with section 5.2(3)(b). 2. Daryl Katz 2. $30,000 3. Renee Katz 3. $30,000 4. Barry Katz 4. $30,000 5. Ida Katz 5. $30,000 6. John D. Karvellas 6. $25,000 7. Karvellas Consulting Inc. 7. $25,000 8. Brad Gilewich 8. $25,000 9. Brad Gilewich Professional Corporation 9. $25,000 10. Paul Marcaccio Professional Corporation 10. $25,000 11. Paul Marcaccio 11. $25,000 12. J. Robert Black Professional Corporation 12. $25,000 13. James Low & Associates Inc. 13. $25,000 14. SPC Investments Ltd. 14. $25,000 15. Durstling Family Trust 15. $20,000 16. Scott Family Trust 16. $20,000 17. Laurie Anderson 17. $15,000 Commenced:
County of Stettler No. 6 Progressive Conservative Candidate in the Electoral Division of Drumheller-Stettler The County, a prohibited corporation in accordance with section 1(1)(l)(ii), was accused of violating the EFCDA for making a valued contribution to the candidate’s campaign in April 2012 Undetermined None Not applicable. The investigation revealed that the allegation was unfounded. There was no evidence that the County made valued contributions to the campaign. This information is posted at the request of the alleged contributor, in accordance with section 5.2(3)(b).
Note 1 :
Dates shown refer to the commencement and conclusion of the investigation. The date commenced will reflect the date shown on the initial complaint, if the investigation was initiated by an external source. If the investigation was initiated by the Chief Electoral Officer, the date the decision was made to investigate will appear. If an allegation regarding an excessive or prohibited contribution is founded, an investigation is commenced to determine whether the recipient violated the EFCDA. In this case, the date concluded will reflect the date that the investigation into the recipient’s acceptance of the contribution was completed and appropriate notice was provided to those involved. If an allegation is unfounded, the date concluded will reflect the date that appropriate notice was provided to those involved.
Note 2 :
Disclosure is limited, by law, to violations that occurred on or after December 10, 2009. Results of investigations of alleged violations that occurred prior to that date cannot be disclosed, in accordance with the confidentiality provisions of the Election Finances and Contributions Disclosure Act (the Act). Section references refer to the Election Finances and Contributions Disclosure Act ( the Act) .
Note 3 :
*Section 23 of the Act prescribes that if the individual charge for a ticket to a fundraising function is more than $50, the expense portion is $25 and the balance is deemed to be a contribution (effective to December 31, 2012 ).
Note 4 :
Several criteria were considered in the assessment of penalties, including:
- Number of violations
- Due diligence/policies established to ensure compliance
Note 5 :
Effective April 22, 2010, the Chief Electoral Officer had statutory authority to order a political entity to return prohibited contributions to the contributor, in accordance with section 51.1 of the Act . Prior to that, the political entity was advised to consider the voluntary return of a prohibited contribution. An order is made when it is determined that a prohibited corporation made a contribution in violation of the Act . An order does not indicate any finding of statutory violation on the part of the political entity by the Chief Electoral Officer. This information is updated to reflect contributions that have been returned.
Dates Subject of the Complaint Circumstances Decision Penalty Commenced: April 2012
Concluded: March 2013
John Oplanich, Wildrose Alliance Party candidate for the electoral division of Edmonton-Castle Downs in the 2012 Provincial General Election The Candidate was accused of violation Section 162(1) of the Election Act by hosting a barbecue outside of his campaign office in April 2012. Section 162(1) prohibits a candidate from influencing an elector by providing food or beverages to the elector Results of the investigation were shared with Alberta Justice and Attorney General. The factual evidence provided did not support a reasonable likelihood of conviction if the matter were to proceed to trial; Charges were not recommended. None