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

Marginal note:Reallocation in case of deregistration

• 340 (1) If a registered party to which broadcasting time has been allocated under this Part is subsequently deregistered, the Broadcasting Arbitrator, within two weeks after publication in the Canada Gazette of the notice of deregistration, 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.

• Marginal note: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.

• Marginal note:Exception

  (3) If the deregistration 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 deregistered party or to the party that has ceased to be eligible shall not be reallocated.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Definitions

• 344 (1) The definitions in this subsection apply in subsections (2) and (5).

  commercial time

  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. (temps commercial)

  program time

  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. (durée de l’émission)

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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 imposed on it under section 9.1 of that Act, 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.

• Marginal note: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.

• Marginal note: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 376.

• Marginal note: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 metre 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.

Marginal note: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.

Marginal note: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.

Marginal note: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 16.1Voter Contact Calling Services

DIVISION 1Interpretation

Marginal note:Definitions

348.01 The following definitions apply in this Part.

automatic dialing-announcing device

automatic dialing-announcing device means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers.  (composeur-messager automatique)

call

call means any of the following types of calls that are made to telephone numbers:

• (a) live voice calls;

• (b) calls made by means of an automatic dialing-announcing device;

• (c) calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b). (appel)

calling service provider

calling service provider means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group. (fournisseur de services d’appel)

group

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

internal services

internal services means

• (a) in relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;

• (b) in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; and

• (c) in relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual. (services internes)

official representative

official representative means

• (a) in the case of a registered party, its chief agent;

• (b) in the case of a registered association, its financial agent;

• (c) in the case of a candidate, their official agent;

• (d) in the case of a nomination contestant, their financial agent;

• (e) in the case of a registered third party, its financial agent;

• (f) in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; and

• (g) in the case of an unregistered third party that is a group, a person who is responsible for the group. (représentant officiel)

registered third party

registered third party means a third party that is registered under section 353. (tiers enregistré)

third party

third party means a person or a group, other than a registered party, registered association, candidate or nomination contestant. (tiers)

voter contact calling services

voter contact calling services means services involving the making of calls during an election period for any purpose related to an election, including

• (a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;

• (b) encouraging electors to vote or to refrain from voting;

• (c) providing information about the election, including information about voting hours and the location of polling stations;

• (d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and

• (e) raising funds for a registered party, a registered association, a candidate or a nomination contestant. (services d’appels aux électeurs)