Compliance

The Chief Electoral Officer is responsible for ensuring that election officers enforce the Elections Act through fairness, impartiality and compliance. The CEO may investigate matters that may constitute an offence under the Act. After the investigation, the CEO may choose to refer the matter to the Director of Public Prosecutions, enter into a compliance agreement with the person (referred to as the contracting party in Section 294 of the Act), issue a notice of non-compliance, or decide to take no further action.

The Chief Electoral Officer has the authority to enter into a compliance agreement with anyone who the CEO believes on reasonable grounds has committed, is about to commit or is likely to commit an act or omission that would constitute an offence under the Act. Alternatively, if he has reasonable grounds to believe the matter is relatively minor and will not be repeated, the CEO may only send a notice of non-compliance to the person.

A compliance agreement is an agreement between the Chief Electoral Officer and the person who has breached the Act. The compliance agreement sets out terms and conditions that CEO considers necessary to ensure the person’s compliance with the Act. A compliance agreement normally includes a statement in which the person admits responsibility for the act or omission that constitutes the offence under the Act. The admission of responsibility does not constitute a conviction by a court of law and does not create a criminal record.

A notice of compliance agreement includes the name of the person who has breached the Act, the act or omission in question. A summary of the compliance agreement is made public as required by the Act and in the interest of transparency.

A notice of non-compliance notifies a person of non-compliances (or breach) of the Act. The Chief Electoral Officer has the authority to issue a notice of non-compliance with anyone who the CEO believes on reasonable grounds has committed, is about to commit or is likely to commit an act or omission that would constitute an offence under the Act. These letters and information regarding the letter are not published.

Elections Nova Scotia Statement (Preston By-election)

August 3, 2023.

Notice of Compliance Agreement – Kerry Foss, Liberal Electoral District Association Preston

November 2022.

Report on the Investigation into Alleged Breaches of the Elections Act by Steve Craig During the Sackville-Cobequid By-election – May 29, 2019

Notice of Compliance Agreement - Atlantica Party Association of Nova Scotia - August 7, 2018

Notice of Compliance Agreement - Jonathan Dean - July 31, 2018

Notice of Compliance Agreement -- John Higgins -- April 27, 2018

Report on the Investigation into Breaches of the Elections Act in Northside Westmount Electoral District -- April 27, 2018

Notice of Compliance Agreement -- Gail Johnson -- February 1, 2017

Report on the Investigation into Breaches of the Elections Act in the Municipality of the County of Richmond -- January 27, 2017

Notice of Compliance Agreement -- Warren Olsen -- January 27, 2017