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

“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” 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” 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” 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”, 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.

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.

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.

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

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.

(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.

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.

(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).

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

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.

2000, c. 9, s. 324; 2001, c. 21, s. 16(E).

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.

(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.

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.

(2) In addition to the information referred to in subsection (1), the following must be provided in the case of a transmission 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.

(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.

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

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.

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.

(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.

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

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.

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.

(2) During an election period, no person shall broadcast, outside Canada, election advertising with respect to an election.

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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

2000, c. 9, s. 331; 2001, c. 27, s. 211.

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.

(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.

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

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

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

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.

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

(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).

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.

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.

(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.

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.

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

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

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.

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

(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.

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 endorsed by all registered parties at that election.

(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.

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

(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.

(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.

(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.

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.

(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.

(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.

(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.

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.

(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.

(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.

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.

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.

(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.

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.

(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.

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

“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” 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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

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.

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.

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.

2000, c. 9, s. 348; 2001, c. 21, s. 19.