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

Marginal note:Obligation to file registration notice — live voice calls

• 348.08 (1) 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’s official representative shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

• Marginal note:Time for filing and contents

  (2) The registration notice shall be filed not later than 48 hours after the first live voice call is made and shall set out

  • (a) the third party’s name;

  • (b) the name, address and telephone number of the official representative; and

  • (c) a statement that the third party is making live voice calls.

• Marginal note:Obligation to provide copy of identification document

  (3) The official representative 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.

Marginal note:Obligation to file registration notice — other calls

• 348.09 (1) 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 official representative of the person or group — or the person themselves, if the person is an unregistered third party who is an individual — shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

• Marginal note:Time for filing and contents

  (2) The registration notice shall be filed not later than 48 hours after the first call is made and shall set out

  • (a) the name of the person or group;

  • (b) the name, address and telephone number of the official representative or individual; and

  • (c) a statement that the person or group is making calls by means of an automatic dialing-announcing device.

• Marginal note:Obligation to provide copy of identification document

  (3) The official representative or individual 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.

Role of the Canadian Radio-television and Telecommunications Commission

Marginal note:Administration and enforcement

• 348.1 (1) The Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.

• Marginal note:Telecommunications Act

  (2) The administration and enforcement of this Division are to be carried out under Part V of the Telecommunications Act.

Marginal note:Registry

348.11 The Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.

Marginal note:Publication

• 348.12 (1) As soon as feasible but no later than 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.

• Marginal note:Clarification

  (2) Nothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.

Marginal note:Delegation

• 348.13 (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).

Marginal note:Authorization of types of identification

348.14 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.

Marginal note:Disclosure to Commissioner

348.15 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.

DIVISION 2Scripts, Recordings and Lists of Telephone Numbers

Marginal note:Calling service provider — agreement

348.16 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;

• (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; and

• (c) a list of every telephone number called under the agreement during the election period.

Marginal note:Person or group — agreement

348.17 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;

• (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; and

• (c) a list of every telephone number called under the agreement during the election period.

Marginal note:Person or group — internal services

348.18 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, for one year after the end of the election period,

• (a) a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; and

• (b) a list of every telephone number called for that purpose during the election period.

Marginal note:Third party that is corporation or group — internal services

348.19 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, for one year after the end of the election period,

• (a) a copy of each unique script used and a record of every date on which the script was used; and

• (b) a list of every telephone number called for that purpose during the election period.

PART 17Third Party Advertising, Partisan Activities and Election Surveys

Interpretation

Marginal note:Definitions

349 The definitions in this section apply in this Part.

election advertising

election advertising[Repealed, 2018, c. 31, s. 222]

election advertising expense

election advertising expense[Repealed, 2018, c. 31, s. 222]

election survey

election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into account

• (a) in deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; or

• (b) in their organization and carrying out of those activities or their transmission of those messages. (sondage électoral)

election survey expense

election survey expense means an expense incurred in respect of the conducting of an election survey

• (a) in Division 1, during a pre-election period;

• (b) in Division 2, during an election period; and

• (c) in Division 3, during either a pre-election period or an election period. (dépenses de sondage électoral)

expenses

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

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

partisan activity

partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)

partisan activity expense

partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity. (dépenses d’activité partisane)

registered third party

registered third party means a third party that is registered under section 349.6 or 353. (tiers enregistré)

third party

third party means

• (a) in Division 0.1, a person or a group other than

  • (i) during an election period, a candidate, a registered party or an electoral district association of a registered party, and

  • (ii) outside of an election period,

    • (A) a registered party or eligible party or a registered association,

    • (B) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

    • (C) a nomination contestant;

• (a.1) in Division 1, a person or a group other than

  • (i) a registered party or eligible party or a registered association,

  • (ii) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

  • (iii) a nomination contestant; and

• (b) in Division 2, a person or a group other than a candidate, a registered party or an electoral district association of a registered party. (tiers)

DIVISION 0.1Prohibition on Use of Foreign Funds by Third Parties

Marginal note:Definitions

• 349.01 (1) The following definitions apply in this Division.

  advertising

  advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person 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 by a Senator or a member the expense of which is paid by the Senate or House of Commons;

  • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

  • (f) the making of telephone calls to electors only to encourage them to vote. (publicité)

  foreign entity

  foreign entity includes

  • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

  • (c) a trade union that does not hold bargaining rights for employees in Canada;

  • (d) a foreign political party; or

  • (e) a foreign government or an agent or mandatary of one. (entité étrangère)

• Marginal note:Definition of advertising

  (2) For the purposes of the definition advertising, promoting or opposing includes

  • (a) in relation to a registered party or eligible party,

    • (i) naming it,

    • (ii) identifying it, including by its logo, and

    • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

  • (b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

    • (i) naming him or her,

    • (ii) showing a photograph, cartoon or drawing of him or her,

    • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

    • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).