Billboards from local MP violated Elections Act, investigation finds

An investigation by The Commissioner of Canada Elections has found that Windsor WestMP Brian Masse violated the Elections Act by putting up three billboards during the pre-election period last year using fundsfrom his constituency office.

"In light of the information gathered during our review, the Commissioner has determined that an offence was committed and has chosen to address the matter using informal means," Eli Froese-Germain, investigator for the Office of the Commissioner of Canada Elections said in an email to local Liberal Edy Haddad, who launched a complaint last year.

Masse is not facing any serious charges, fines or demands for an apology.

The section of the Compliance and Enforcement Policy of the Commissioner of Canada Elections states that"Informal means include caution or information letters and other forms of communication (telephone or e-mail) addressed to persons or entities that are the subject of a complaint. Communications of this sort serve mainly to inform the persons or entities involved about the alleged offence and the statutory requirements with a view to rectifying the situation and encouraging voluntary compliance in the future."

The section goes on to read that caution letters, "do not constitute a finding of guilt or civil liability but do form part of the person or entity's compliance record."

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The complaint stemmed from three billboards Masse had put up calling for a national urban park made up of Ojibway Shores and surrounding natural areas last year. The billboards were put up at various locations around Windsor in mid-August. The election was called on Sept.11.

Haddad complained that the billboards violated pre-election rules and constituency money should not have been used, instead Masse should have paid for them out of campaign donations.

"He literally ran on this issue and used taxpayer money to pay for three billboards throughout the entire city. That's unacceptable," said Haddad, who is chair of the Essex Federal Liberal Association and vice-president of the Essex Provincial Association.

Haddad wants Masse to apologize and repay the money to the constituency funds.

"So I hope he refunds the constituents their money, puts it as an election expense," he said.

Masse said they sought to comply with the rules but one of the companies hired to put up the billboards took two of them down in time for the election, but another company left one up longer than it should have. Masse said the company has taken full responsibility.

"And so we're sorting through the information right now because there seems to be some missing information perhaps to Elections Canada," Masse told CBC News Tuesday.

"This will assist in bringing this issue to its final conclusion. Neither I, nor my official agent, have had direct communications with Elections Canada on this issue and look forward to this opportunity," Masse said in a separate emailed statement to CBC News.

He added that he had permission from the parliamentary authority needed to put up the billboards at the time.