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

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)

DIVISION 1.1Provision of Voter Contact Calling Services

Agreements Relating to Voter Contact Calling Services

Marginal note:Prohibition — entering into agreement with calling service provider

348.02 A person or group shall not enter into an agreement with a calling service provider for voter contact calling services unless

• (a) the person or group is a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group, and the agreement is entered into on behalf of the person or group by the person’s or group’s official representative;

• (b) the person is a candidate and the agreement is entered into in their own name or on their behalf by their official representative or by a person that their official representative has so authorized in writing; or

• (c) the person is an unregistered third party who is an individual and the agreement is entered into in their own name.

Marginal note:Obligation to inform

348.03 Before a person enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, the person shall inform the calling service provider that the agreement is for voter contact calling services and shall provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

Marginal note:Obligation to obtain identification information

• 348.04 (1) Before a calling service provider enters into an agreement with a person or group to provide voter contact calling services, the calling service provider shall obtain from the person who is to enter into the agreement, either in their own name or on behalf of the person or a group, their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

• Marginal note:Obligation to keep identification information

  (2) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.

Marginal note:Obligation to confirm nature of services

• 348.05 (1) A calling service provider that enters into an agreement to make calls for or on behalf of a person or group shall, before the first call is made under the agreement during an election period, ask the person or group whether the making of calls under the agreement would constitute voter contact calling services.

• Marginal note:Obligation to authorize, etc.

  (2) If the making of calls under the agreement does constitute voter contact calling services, a person who is authorized under section 348.02 to enter into an agreement for voter contact calling services with respect to the person or group in question shall, before the first call is made, authorize the provision of voter contact calling services under the agreement and provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

• Marginal note:Obligation to obtain identification information

  (3) If the making of calls under the agreement does constitute voter contact calling services, the calling service provider shall, before the first call is made, obtain from the person who provides the authorization in accordance with subsection (2) that person’s name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains that person’s name.

• Marginal note:Obligation to keep identification information

  (4) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.

Filing Obligations — Registration Notices

Marginal note:Obligation to file registration notice

• 348.06 (1) A calling service provider that, in accordance with an agreement, provides voter contact calling services shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

• Marginal note:Time for filing and contents

  (2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out

  • (a) the calling service provider’s name;

  • (b) the name of the person or group that is a party to the agreement;

  • (b.1) the name of the person or group on whose behalf calls will be made under the agreement; and

  • (c) the type of calls to be made under the agreement.

Marginal note:Obligation to file registration notice — agreement

• 348.07 (1) A person who enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, or a person who provides an authorization of the provision of voter contact calling services under an agreement in accordance with subsection 348.05(2), as the case may be, shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

• Marginal note:Time for filing and contents

  (2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out

  • (a) the calling service provider’s name;

  • (b) the name of the person or group that is a party to the agreement;

  • (b.1) the name of the person or group on whose behalf calls will be made under the agreement; and

  • (c) the type of calls to be made under the agreement.

• Marginal note:Obligation to provide copy of identification document

  (3) The person who files the registration notice shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

• Marginal note:Deeming

  (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.