To be clear on the process, the Elections Act investigations are conducted by the Commissioner of Canada Elections. At the conclusion of the investigation, should the commissioner feel that on reasonable grounds an offence has been committed, he would refer a prosecution brief to the Director of Public Prosecutions. That person would apply the two-pronged test, namely whether there's a reasonable prospect of conviction and whether it's in the public interest that a prosecution proceed.
If the director answers both of those questions in the affirmative, he will cause the commissioner to lay charges.