Page: 18 conviction, to a fine of $5,000 or five years’ imprisonment on conviction by indictment. Corrupt and illegal practices by candidates and their official agents are dealt with in s 502, which carries to seven years from the date of conviction. [42] The office of Commissioner of Canada Elections is provided for in sections 509 to 515 of Part 19. The Commissioner is appointed by the Chief Electoral Officer and is responsible for ensuring that the Act is complied with and enforced. The Chief Electoral Officer can direct the Commissioner to conduct an inquiry and the Commissioner can initiate an inquiry and receive complaints. Section 511 authorizes the Commissioner to refer a matter to the Director of Public Prosecutions if he or she believes on reasonable grounds that an offence has been committed. The Director of Public Prosecutions shall decide whether to initiate a prosecution (s 511(1)). [43] The respondent MPs contend that one of the options open to the applicants would have been to initiate a private prosecution, as the Act permits. Had they done so, it was submitted, the applicants, if successful in securing a conviction, could have taken advantage of the provision in s 515 permitting the criminal court to make an award of costs to the prosecuting party. This argument was advanced in the context of the champerty motion in response to the contention that private citizens would not have the resources to bring annulment applications without the support of third parties. [44] However, private prosecutions may be initiated only with the prior written consent of the Director of Public Prosecutions save for the instance where an elections officer has to take steps 2013 FC 525 (CanLII) a five year maximum penalty and proscription from holding electoral or appointed office for up