Canada Elections Act (S.C. 2000, c. 9)

Act current to 2017-11-06 and last amended on 2016-01-01. Previous Versions

Marginal note:Delegation
  •  (1) The Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.

  • Marginal note:Revocation

    (2) The Commission may, in writing, revoke a delegation made under subsection (1).

  • 2014, c. 12, s. 76.
Marginal note:Authorization of types of identification

 The Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.

  • 2014, c. 12, s. 76.
Marginal note:Disclosure to Commissioner

 The Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.

  • 2014, c. 12, s. 76.

DIVISION 2Scripts and Recordings

Marginal note:Calling service provider — agreement

 Every calling service provider that, in accordance with an agreement, provides voter contact calling services shall keep, for three years after the end of the election period,

  • (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and

  • (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.

  • 2014, c. 12, s. 77.
Marginal note:Person or group — agreement

 Every person or group that enters into an agreement with a calling service provider under which voter contact calling services are provided shall keep, for one year after the end of the election period,

  • (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and

  • (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.

  • 2014, c. 12, s. 77.
Marginal note:Person or group — internal services

 If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the person or group shall keep a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed, for one year after the end of the election period.

  • 2014, c. 12, s. 77.
Marginal note:Third party that is corporation or group — internal services

 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party shall, if a script is used, keep a copy of each unique script used and a record of every date on which the script was used, for one year after the end of the election period.

  • 2014, c. 12, s. 77.

PART 17Third Party Election Advertising

Marginal note:Definitions

 The definitions in this section apply in this Part.

election advertising

publicité électorale

election advertising has the same meaning as in section 319. (publicité électorale)

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. (dépenses de publicité électorale)

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. (dépenses)

group

groupe

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

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. (tiers)

Marginal note:Spending limit
  •  (1) Subject to section 351.1, a third party shall not incur election advertising expenses of a total amount of more than $150,000 in relation to a general election.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Spending limit — by-election

    (4) Subject to section 351.1, a third party shall not incur election advertising expenses of a total amount of more than $3,000 in a given electoral district in relation to a by-election.

  • Marginal note:Uncancellable spending

    (4.1) If a general election is held on a date other than one set out in subsection 56.1(2) or section 56.2, or if a by-election is held, a third party does not incur an election advertising expense if, on the issue of the writ or writs, it is not able to cancel the transmission of that advertising.

  • Marginal note: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 384 that is in effect on the issue of the writ or writs.

  • Marginal note:Election period longer than 37 days

    (6) If an election period is longer than 37 days, then the amounts referred to in subsections (1), (2) and (4) are increased by adding to them the product of

    • (a) one thirty-seventh of the amount referred to in subsection (1), (2) or (4), as the case may be, and

    • (b) the number of days in the election period minus 37.

  • 2000, c. 9, s. 350;
  • 2014, c. 12, s. 78.
Marginal note:No combination to exceed limit

 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.

Marginal note:Prohibition — foreign third parties

 A third party shall not incur election advertising expenses of a total amount of $500 or more in relation to a general election or a by-election, or, if the election periods of two or more by-elections overlap with each other in whole or in part, in relation to those by-elections, unless

  • 2014, c. 12, s. 78.1.
 
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