English   |   عربي
Skip Navigation Links
 
 
الهيئةExpand الهيئة
 
 
مشروع القانون
 
 
تقرير الهيئةExpand تقرير الهيئة
 
 
ورشة العملExpand ورشة العمل
 
 
بياناتExpand بيانات
 
 
مراجعExpand مراجع
 
 
الصفحة الاولى

Media Regulations: Canada

 

 

CANADA ELECTIONS ACT -[Excerpts]

 

PART 16 – COMMUNICATIONS

 

Interpretation

Definitions 319. The definitions in this section apply in this Part.

"election advertising" « publicité électorale » "election advertising" means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or

(d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views.

"election survey" « sondage électoral » "election survey" means an opinion survey of how electors voted or will vote at an election or respecting an issue with which a registered party or candidate is associated.

"network" « réseau » "network" means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection.

"network operator" « exploitant de réseau » "network operator" means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network.

"prime time" « heures de grande écoute » "prime time", in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight.

 

Election Advertising

 

Message must be authorized 320. A candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be.

Government means of transmission 321. (1) No person shall knowingly conduct election advertising or cause it to be conducted using a means of transmission of the Government of Canada.

Application (2) For the purpose of subsection (1), a person includes a group within the meaning of Part 17.

Election advertising posters 322. (1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.

Permitted restrictions (2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.

Blackout period 323. (1) No person shall knowingly transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.

Interpretation (2) The transmission to the public of a notice of an event that the leader of a registered party intends to attend or an invitation to meet or hear the leader of a registered party is not election advertising for the purpose of subsection (1).

Definition of "person" (3) For the purpose of subsection (1), a person includes a registered party and a group within the meaning of Part 17.

Exceptions 324. Subsection 323(1) does not apply in respect of (a) the transmission of a message that was transmitted to the public on what is commonly known as the Internet before the blackout period described in that subsection and that was not changed during that period; or

(b) the distribution during that period of pamphlets or the posting of messages on signs, posters or banners.

Prohibition -- prevention or impairment of transmission 325. (1) No person shall prevent or impair the transmission to the public of an election advertising message without the consent of a person with authority to authorize its transmission.

Exception (2) Subsection (1) does not apply with respect to

(a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission;

or

(b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.

 

Election Opinion Surveys

 

Transmission of election survey results 326. (1) The first person who transmits the results of an election survey -- other than a survey that is described in section 327 -- to the public during an election period and any person who transmits them to the

public within 24 hours after they are first transmitted to the public must provide the following together with the results:

(a) the name of the sponsor of the survey;

(b) the name of the person or organization that conducted the survey;

(c) the date on which or the period during which the survey was conducted;

(d) the population from which the sample of respondents was drawn;

(e) the number of people who were contacted to participate in the survey; and

(f) if applicable, the margin of error in respect of the data obtained.

Additional information -- published surveys (2) In addition to the information referred to in subsection (1), the following must be provided in the case of a ransmission to the public by means other than broadcasting:

(a) the wording of the survey questions in respect of which data is obtained; and

(b) the means by which a report referred to in subsection (3) may be obtained.

Report on survey results (3) A sponsor of an election survey shall, at any time during an election period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1). The report shall include the following, as applicable:

(a) the name and address of the sponsor of the survey;

(b) the name and address of the person or organization that conducted the survey;

 (c) the date on which or the period during which the survey was conducted;

(d) information about the method used to collect the data from which the survey results are derived, including

(i) the sampling method,

(ii) the population from which the sample was drawn,

(iii) the size of the initial sample,

(iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey,

(v) the dates and time of day of the interviews,

(vi) the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and

(vii) any weighting factors or normalization procedures used in deriving the results of the survey; and

(e) the wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.

Fee may be charged (4) A sponsor may charge a fee of up to $0.25 per page for a copy of a report provided under subsection (3).

Broadcast of surveys not based on recognized statistical methods 327. The first person who transmits the results of an election survey that is not based on recognized statistical methods to the public during an election period and any person who transmits them within 24 hours after they are first transmitted to the public must indicate that the survey was not based on recognized statistical methods.

Prohibition -- causing transmission of election survey results during blackout period 328. (1) No person shall knowingly cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

Prohibition -- transmission of election survey results during blackout period

(2) No person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

Application (3) For the purpose of this section, a person includes a group within the meaning of Part 17.

Premature Transmission Prohibition -- premature transmission of results 329. No person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district.

 

Broadcasting outside Canada

 

Prohibition -- use of broadcasting station outside Canada 330. (1) No person shall, with intent to influence persons to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election, use, aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.

Prohibition -- broadcasting outside Canada (2) During an elec tion period, no person shall broadcast, outside Canada, election advertising with respect to an election.

Non-interference by Foreigners

Prohibition -- inducements by non-residents 331. No person who does not reside in Canada shall, during an election period, in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular candidate unless the person is

(a) a Canadian citizen; or

(b) a permanent resident as defined in subsection 2(1) of the Immigration Act.

 

Political Broadcasts

 

Appointment of Broadcasting Arbitrator 332. (1) A Broadcasting Arbitrator shall be appointed by the Chief Electoral Officer without delay after the consultations described in section 333. The Broadcasting Arbitrator shall be

(a) chosen by a unanimous decision of representatives of registered parties; or

(b) named by the Chief Electoral Officer, if the consultations do not result in a unanimous decision.

Term of office (2) The term of office of the Broadcasting Arbitrator shall expire six months after polling day at the general election next following his or her appointment.

Removal for cause (3) The Chief Electoral Officer may remove the Broadcasting Arbitrator from office only for cause.

Eligible for re-appointment (4) A Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed.

Salary (5) A Broadcasting Arbitrator shall be paid the salary or other remuneration that may be fixed by the Chief Electoral Officer.

Convening of representatives 333. (1) The Chief Electoral Officer shall hold a meeting of two representatives of each registered party represented in the House of Commons at that time, or if Parliament is dissolved, at the time of dissolution, designated in writing by their party leader, for the purpose of holding consultations to choose a Broadcasting Arbitrator. The meeting shall be held within

(a) 90 days after polling day at a general election; or

(b) 14 days after the day on which the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, if that day is not during the election period of a general election.

Chairperson (2) The Chief Electoral Officer shall designate the Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations.

Report (3) The representatives of the registered parties referred to in subsection

(1) shall make a report signed by each of them to the Chief Electoral Officer of the results of their consultations no later than

(a) six weeks after a meeting referred to in paragraph (1)(a); and

(b) four weeks after a meeting referred to in paragraph (1)(b). Vacancy during election period 334. In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the election period of a general election, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay. Broadcasting time to be provided to registered parties 335. (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions of its licence, make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities.

When broadcaster affiliated with network (2) If a broadcaster is affiliated with a network, the part of the broadcasting time to be made available under subsection (1) that may be determined by agreement between the broadcaster and the network operator shall be made available by the network operator during the portion of the broadcaster's prime time broadcasting schedule that has been delegated to the control of the network operator.

2000, c. 9, s. 335; 2001, c. 21, s. 17.

Request for meeting 336. (1) The Broadcasting Arbitrator shall convene a meeting of representatives of all registered parties to consult on the allocation of broadcasting time made available under section 335 within 30 days after the receipt of a written request from the chief agent of a registered party, or six months after the Broadcasting Arbitrator takes office, whichever is earlier.

Time of request (2) The written request may not be made until the Broadcasting Arbitrator has been in office for 60 days.

Chairperson (3) The Broadcasting Arbitrator shall act as Chairperson at any meeting referred to in subsection (1).

No allocation 337. (1) A registered party shall not be allocated broadcasting time if, after receiving notice of the meeting referred to in subsection 336(1), the party

(a) indicates in writing to the Broadcasting Arbitrator that it does not wish to be allocated broadcasting time; or

(b) fails to communicate to the Broadcasting Arbitrator its intentions regarding the allocation of the broadcasting time and fails to have its representative attend the meeting.

Agreement on allocation (2) Unanimous agreement of the registered parties on the allocation of the broadcasting time is binding on all registered parties.

Broadcasting Arbitrator decides when no agreement (3) If unanimous agreement is not reached within four weeks after the meeting referred to in subsection 336(1), the Broadcasting Arbitrator shall allocate the broadcasting time, and that allocation is binding on all registered parties.

Factors in allocation 338. (1) Subject to subsections (3) to (5), in allocating broadcasting time, the Broadcasting Arbitrator shall give equal weight to

(a) the percentage of seats in the House of Commons held by each of the registered parties at the previous general election; and

(b) the percentage of the popular vote at the previous general election of each registered party.

The Broadcasting Arbitrator shall in addition give half the weight given to each of the factors referred to in paragraphs (a) and (b) to the number of candidates endorsed by each of the registered parties at the previous general election, expressed as a percentage of all candidates en dorsed by all registered parties at that election.

Allocation where merger of parties (2) Subject to subsections (3) to (5), in allocating broadcasting time in the case of the merger of two or more registered parties, the Broadcasting Arbitrator shall

(a) in determining the percentage of seats held by a merged party at the previous general election for the purpose of paragraph (1)(a), include the total number of seats held by the merging parties;

(b) in determining the percentage of the popular vote of a merged party at the previous general election for the purpose of paragraph (1)(b), include the total number of votes obtained by the merging parties; and

(c) for the purpose of giving the half-weight under subsection (1), assign to the merged party the number of candidates endorsed by the merging party that had the greatest number of candidates at that election.

No allocation in excess of 50% (3) In no case shall the Broadcasting Arbitrator allocate more than 50% of the total of the broadcasting time to a registered party.

Allocation of time in excess of 50% (4) If the calculation under subsection (1) would give more than 50% of the total of the broadcasting time to a registered party, the Broadcasting Arbitrator shall allocate the excess amount to the other registered parties entitled to broadcasting time on a proportionate basis.

Discretion re allocation (5) If the Broadcasting Arbitrator considers that an allocation determined in accordance with subsection (1) would be unfair to a registered party or contrary to the public interest, the allocation may be modified, subject to subsections (3) and (4), in any manner that the Broadcasting Arbitrator considers appropriate.

Notification of allocation (6) The Broadcasting Arbitrator shall, as soon as possible, give notice in writing of every allocation of broadcasting time made by the Broadcasting Arbitrator or by the registered parties to

(a) every registered party; and

(b) every political party that became an eligible party either before or after the allocation.

The notice shall advise an eligible party referred to in paragraph (b) that it has 30 days after the receipt of the notice to request that broadcasting time be made available to it, for purchase, under section 339.

New parties entitled to broadcasting time 339. (1) Subject to subsection (4), every eligible party referred to in paragraph 338(6)(b) that makes a request as described in subsection 338(6) within the time referred to in that subsection is entitled to purchase broadcasting time in an amount equal to the lesser of

(a) the smallest portion of broadcasting time to be made available under section 335 allocated to a registered party under sections 337 and 338, and

(b) six minutes.

Parties not entitled to time (2) An eligible party referred to in paragraph 338(6)(b) is not entitled to have any broadcasting time made available to it under this section if the party

(a) indicates in writing that it does not wish any broadcasting time under this section;

or

(b) fails to make a request as described in subsection 338(6) within the time referred to in that subsection.

 

 

Broadcasting time to be provided to new eligible parties (3) In addition to the broadcasting time to be made available under section 335, and within the period referred to in that section, every broadcaster shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, for purchase by every eligible party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the eligible party for the transmission of political announcements and other programming produced by or on behalf of the eligible party during prime time on that broadcaster's facilities.

Maximum of 39 minutes (4) The maximum amount of broadcasting time available for purchase by eligible parties under this section is 39 minutes and, once that amount of broadcasting time is reached, all entitlement under this section shall be altered or established to be of whatever number of minutes or portions of minutes is necessary so that all eligible parties requesting time under this section receive the same amount of time within the 39-minute limit.

Reallocation in case of suspension 340. (1) Where a registered party to which broadcasting time has been allocated under section 335 is subsequently suspended and a notice of its suspension is published in the Canada Gazette, the Broadcasting Arbitrator, within two weeks after the suspension, shall convene the representatives of the remaining registered parties and eligible parties to which broadcasting time has been allocated for the purpose of reallocating that party's broadcasting time.

Reallocation in case of loss of eligibility (2) Where an eligible party to which broadcasting time has been allocated under section 339 subsequently ceases to be an eligible party, the Broadcasting Arbitrator, within two weeks after the cessation of eligibility, shall convene the representatives of the remaining registered parties and eligible parties to whom broadcasting time has been allocated for the purpose of reallocating that party's broadcasting time.

Exception (3) If the suspension or cessation of eligibility referred to in subsection (1) or (2), respectively, occurs after the issue of the writs for a general election, the broadcasting time that was allocated to the suspended party or to the party that has ceased to be eligible shall not be reallocated.

Reallocation in case of merger 341. If two or more registered parties merge after an allocation of the broadcasting time to be made available under section 335, the Broadcasting Arbitrator shall without delay convene the representatives of the registered parties, including the merged parties, for the purpose of reallocating the broadcasting time allocated to all registered parties.

Broadcasters to be notified 342. (1) The Broadcasting Arbitrator shall notify the Canadian Radio-television and Telecommunications Commission of every allocation under sections 337 and 338 and every entitlement under section 339 as soon as possible after it is made or requested and the Commission shall notify every broadcaster and every network operator of every such allocation and entitlement without delay after it is made and again immediately after the issue of the writs for the next general election.

Information to parties (2) The Broadcasting Arbitrator shall, on request, provide all registered parties and all eligible parties referred to in paragraph 338(6)(b) with the names and addresses of all broadcasters and network operators.

Annual review 343. (1) In each of the calendar years after the calendar year in which an allocation of broadcasting time has been made under sections 337 and 338 or an eligible party has requested and has become entitled to broadcasting time under section 339, the Broadcasting Arbitrator shall convene and chair a meeting of the representatives of all registered parties to review the allocation or entitlement.

Reduction to six and one -half hours (2) If, at a meeting referred to in subsection (1), it is determined that the total broadcasting time allocated or requested exceeds six and one-half hours, the Broadcasting Arbitrator shall reduce the allocated or requested time to six and one-half hours on a proportionate basis and that reduction shall be final and binding on all registered parties and eligible parties.

Definitions 344. (1) The definitions in this subsection apply in subsections (2) and (5). "commercial time" « temps commercial » "commercial time" means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification.

"program time" « durée de l'émission » "program time" means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification.

Notice of preference by party (2) Each registered party and each eligible party entitled to purchase broadcasting time under this Act shall, not later than 10 days after the issue of the writs for a general election, send a notice in writing to each broadcaster and each network operator from whom it intends to purchase broadcasting time, setting out its preference as to the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned is to be made available, but at no time shall that party obtain broadcasting time before the 5th day after the notice is received by the broadcaster or network operator.

Consultation to reach agreement (3) Every broadcaster or network operator who receives a notice under subsection (2) shall, within two days after its receipt, consult with representatives of the registered party or eligible party that sent the notice for the purpose of reaching an agreement on the requests contained in it.

When no agreement (4) If no agreement is reached under subsection (3) within two days after the commencement of the consultation required by that subsection, the matter shall be referred to the Broadcasting Arbitrator who shall decide on the requests without delay and give notice of his or her decision to the broadcaster or network operator and to the representatives of the registered party or eligible party that made the requests.

Factors in decision (5) In making a decision under subsection (4), the Broadcasting Arbitrator shall take into account the following principles:

(a) that each registered party and each eligible party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned should be made available; and

(b) that any broadcasting time to be made available to a registered party or eligible party should be made available fairly throughout prime time.

Decision binding (6) A decision of the Broadcasting Arbitrator under subsection (4) is final and binding on the registered party or eligible party, as the case may be, and the broadcaster or network operator.

Free broadcasting time 345. (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operator

(a) reaches a majority of Canadians whose mother tongue is the same as that in which the network broadcasts;

(b) is licensed with respect to more than a particular series of programs or type of programming; and

(c) does not involve a distribution undertaking as defined in subsection 2(1) of the Broadcasting Act.

Determination of free broadcasting time (2) For the purpose of subsection (1),

the minimum amount of broadcasting time that a network operator is to make available shall be no less than the amount of free broadcasting time made available by it at the last general election and shall be made available as follows:

(a) two minutes to every registered party referred to in paragraph 337(1)(a) and every eligible party referred to in paragraph 339(2)(a); and

(b) the remainder to all registered parties that have been allocated any of the broadcasting time to be made available under section 335 and all eligible parties that have requested broadcasting time under section 339 in the proportion that their allocated or requested purchasable broadcasting time bears to the total broadcasting time allocated or requested under those sections.

Free time not election expense (3) The value of free broadcasting time made available to a registered party under this section shall not be taken into consideration in calculating its election expenses within the meaning of section 407.

Determination of population reached (4) For the purpose of subsection (1), a network is deemed to reach

(a) people resident within the areas served by broadcasting stations affiliated to the network that

(i) in the case of A.M. radio stations, are enclosed by the night-time interference-free official contour of the stations,

(ii) in the case of F.M. radio stations, are enclosed by the 50 mV per meter official contour of the stations, and

(iii) in the case of television stations, are enclosed by the Grade B official contour of

the stations; and

(b) people resident outside the areas described in paragraph (a) to whom the signals of broadcasting stations affiliated to the network are available via distribution undertakings licensed by the Canadian Radio-television and Telecommunications Commission. 2000, c. 9, s. 345; 2001, c. 21, s. 18.

Broadcasting Arbitrator to prepare guidelines 346. The Broadcasting Arbitrator shall, not later than two days after the issue of the writs for a general election, prepare and send to the Canadian Radio-television and Telecommunications Commission a set of guidelines respecting

(a) the allocation of or entitlement to broadcasting time under this Act;

(b) the procedures for booking broadcasting time by registered parties and eligible parties; and

(c) any other matters that may be pertinent to the conduct of broadcasters and network operators under this Act.

C.R.T.C. to prepare and send guidelines 347. The Canadian Radio-television and Telecommunications Commission shall, not later than four days after the issue of the writs for a general election, prepare a set of guidelines respecting the applicability of the Broadcasting Act and the regulations made under that Act to the conduct of broadcasters and network operators in relation to a general election and send them, together with the set of guidelines sent by the Broadcasting Arbitrator under section 346, to all broadcasters and network operators.

Prohibition relating to rates charged 348. No person shall charge a registered party, any other political party or a candidate or a person acting on behalf of any of them,

(a) a rate for broadcasting time made available to the party or candidate, in the period beginning on the issue of the writs and ending at midnight on the day before polling day, that exceeds the lowest rate charged by the person for an equal amount of equivalent time on the same facilities made available to any other person at any time within that period; or

(b) a rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by the person for an equal amount of equivalent advertising space in the same issue of the periodical publication or in any other issue of it that is published or distributed and made public in that period.

 

PART 17

 

THIRD PARTY ELECTION ADVERTISING

 

Definitions 349. The definitions in this section apply in this Part.

"election advertising" « publicité électorale » "election advertising" has the same meaning as in section 319.

"election advertising expense" « dépenses de publicité électorale » "election advertising expense" means an expense incurred in relation to

(a) the production of an election advertising message; and

(b) the acquisition of the means of transmission to the public of an election advertising message.

"expenses" « dépenses » "expenses" means

(a) amounts paid;

(b) liabilities incurred;

(c) the commercial value of property and services, other than volunteer labour, that are donated or provided; and

 (d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value.

"group" « groupe » "group" means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.

"third party" « tiers »"third party" means a person or a group, other than a candidate, registered party or electoral district association of a registered party.

Spending limit 350. (1) A third party shall not incur election advertising expenses of a total amount of more than $150,000 during an election period in relation to a general election.

Spending limit -- electoral district (2) Not more than $3,000 of the total amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district, including by

(a) naming them;

(b) showing their likenesses;

(c) identifying them by their respective political affiliations; or

(d) taking a position on an issue with which they are particularly associated.

Expenses re party leader (3) The limit set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in a given electoral district.

Spending limit -- by-election (4) A third party shall not incur election advertising expenses of a total amount of more than $3,000 in a given electoral district during the election period of a by-election.

Third party inflation adjustment factor (5) The amounts referred to in subsections (1), (2) and (4) shall be multiplied by the inflation adjustment factor referred to in section 414 that is in effect on the issue of the writ or writs.

No combination to exceed limit 351. A third party shall not circumvent, or attempt to circumvent, a limit set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the limit or acting in collusion with another third party so that their combined election advertising expenses exceed the limit.

Advertising must name third party 352. A third party shall identify itself in any election advertising placed by it and indicate that it has authorized the advertising.

Registration requirement for third parties 353. (1) A third party shall register immediately after having incurred election advertising expenses of a total amount of $500 and may not register before the issue of the writ.

Application for registration (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

(a) the name, address and telephone number of

(i) if the third party is an individual, the individual,

(ii) if the third party is a corporation, the corporation and the officer who has signing authority for it, and

(iii) if the third party is a group, the group and a person who is responsible for the group;

 (b) the signature of the individual, officer or person referred to in subparagraph (a)(i),

(ii) or (iii), respectively, as the case may be;

(c) the address and telephone number of the office of the third party where its books and records are kept and of the office to which communications may be addressed; and

(d) the name, address and telephone number of the third party's financial agent.

Declaration of financial agent to accompany application (3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.

New financial agent (4) If a third party's financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent's name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

Trade union or corporation (5) If the third party is a trade union, corporation or other entity with a governing body, the application must include a copy of the resolution passed by its governing body authorizing it to incur election advertising expenses.

Examination of application (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

Application rejected (7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.

Registration ends (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file an election advertising report under subsection 359(1).

Appointment of financial agent 354. (1) A third party that is required to register under subsection 353(1) shall appoint a financial agent who may be a person who is authorized to sign an application for registration made under that subsection.

Financial agent -- ineligible persons (2) The following persons are not eligible to be a financial agent of a third party:

(a) a candidate or an official agent of a candidate;

(b) a person who is the chief agent, or a registered agent, of a registered party;

(c) an election officer or an employee of a returning officer; and

(d) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act.

Requirement to appoint auditor 355. (1) A third party that incurs election advertising expenses in an aggregate amount of $5,000 or more must appoint an auditor without delay.

Eligibility criteria (2) The following are eligible to be an auditor for a third party:

(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

(b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

Ineligibility criteria (3) The following persons are not eligible to be an auditor for a third party:

(a) the third party's financial agent;

(b) a person who signed the application made under subsection 353(2);

(c) an election officer;

(d) a candidate;

(e) the official agent of a candidate;

(f) the chief agent of a registered party or an eligible party; and

(g) a registered agent of a registered party.

Notification of appointment (4) Every third party, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor's name, address, telephone number and occupation and a signed declaration accepting the appointment.

New auditor (5) If a third party's auditor is replaced, it must, without delay, provide the Chief Electoral Officer with the new auditor's name, address, telephone number and occupation and a signed declaration accepting the appointment.

Registry of third parties 356. The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of third parties in which is recorded, in relation to each third party, the information referred to in subsections 353(2) and 355(4) and (5).

Authorization by financial agent for expenses, etc. 357. (1) Every contribution made during an election period to a registered third party for election advertising purposes must be accepted by, and every election advertising expense incurred on behalf of a third party must be authorized by, its financial agent.

Delegation (2) A financial agent may authorize a person to accept contributions or incur election advertising expenses, but that authorization does not limit the responsibility of the financial agent.

Prohibited use of certain contributions (3) No third party shall use a contribution for election advertising if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) they fall.

Prohibition -- use of foreign contributions 358. No third party shall use a contribution for election advertising purposes if the contribution is from

(a) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act;

(b) a corporation or an association that does not carry on business in Canada;

(c) a trade union that does not hold bargaining rights for employees in Canada;

(d) a foreign political party; or

(e) a foreign government or an agent of one.

Election advertising report 359. (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an election advertising report in the prescribed form with the Chief Electoral Officer within four months after polling day.

Contents of report (2) An election advertising report shall contain

(a) in the case of a general election,

 (i) a list of election advertising expenses referred to in subsection 350(2) and the time and place of the broadcast or publication of the advertisements to which the expenses relate, and

(ii) a list of all election advertising expenses other than those referred to in subparagraph (i) and the time and place of broadcast or publication of the advertisements to which the expenses relate; and

(b) in the case of a by-election, a list of election advertising expenses referred to in subsection 350(4) and the time and place of the broadcast or publication of the advertisements to which the expenses relate.

When no expenses (3) If a third party has not incurred expenses referred to in paragraph (2)(a) or (b), that fact shall be indicated in its election advertising report.

Contributions (4) The election advertising report shall include

(a) the amount, by class of contributor, of contributions for election advertising purposes that were received in the period beginning six months before the issue of the writ and ending on polling day;

(b) for each contributor who made contributions of a total amount of more than $200 for election advertising purposes during the period referred to in paragraph (a), subject to paragraph (b.1), their name, address and class, and the amount and date of each contribution;

(b.1) in the case of a numbered company that is a contributor referred to in paragraph

(b), the name of the chief executive officer or president of that company; and

(c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party's own funds for election advertising expenses.

Loans (5) For the purpose of subsection (4), a contribution includes a loan.

Categories (6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

(a) individuals;

(b) businesses;

(c) commercial organizations;

(d) governments;

(e) trade unions;

(f) corporations without share capital other than trade unions; and

(g) unincorporated organizations or associations other than trade unions.

Names must be provided (7) If the third party is unable to identify which contributions were received for election advertising purposes in the period referred to in paragraph (4)(a), it must list, subject to paragraph (4)(b.1), the names and addresses of every contributor who donated a total of more than $200 to it during that period.

Declaration (8) An election advertising report shall include the signed declarations of the financial agent and, if different, of the person who signed the application made under subsection 353(2) that the report is accurate.

Bills, receipts (9) A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to an election advertising expense that is in an amount of more than $50. 2000, c. 9, s. 359; 2001, c. 21, s. 20.

Auditor's report 360. (1) The election advertising report of a third party that incurs $5,000 or more in election advertising expenses must include a report made under subsection (2).

Auditor's report (2) The third party's auditor shall report on the election advertising report and shall make any examination that will enable the auditor to give an opinion in the report as to whether the election advertising report presents fairly the information contained in the accounting records on which it is based.

Statement (3) An auditor shall include in the report any statement that the auditor considers necessary, when

(a) the election advertising report that is the subject of the auditor's report does not present fairly the information contained in the accounting records on which it is based;

(b) the auditor has not received from the third party all of the required information and explanation; or

(c) based on the auditor's examination, it appears that proper accounting records have not been kept by the third party.

Right of access (4) The auditor shall have access at any reasonable time to all of the documents of the third party, and may require the third party to provide any information or explanation, that, in the auditor's opinion, is necessary to enable the auditor to prepare the report.

Corrections to election expenses report 361. The Chief Electoral Officer may make a correction in a report referred to in subsection 359(1) if the error does not materially affect the substance of the report.

Publication 362. The Chief Electoral Officer shall, in the manner he or she considers appropriate,

(a) publish the names and addresses of registered third parties, as they are registered; and

(b) publish, within one year after the issue of the writ, reports made under subsection

359(1).


أراء روابط متابعة الصحف شروط الموقع
© Copyright 2006, All Rights Reserved.  Your use of this website constitutes acceptance of our disclaimer.
Developed & powered by VINTOB
Counter: 252084