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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-13. Previous Versions

PART 16Communications (continued)

Political Broadcasts (continued)

Marginal note:New parties entitled to broadcasting time

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Reallocation in case of deregistration

  •  (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.

  • 2000, c. 9, s. 340
  • 2003, c. 19, s. 5

Marginal note:Reallocation in case of merger

 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

  •  (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

  •  (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

  •  (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

  •  (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.

  • 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.

  • 2000, c. 9, s. 345
  • 2001, c. 21, s. 18
  • 2014, c. 12, s. 74
 
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