(iv) the number of individuals who were asked to participate in the survey and the number and percentage of them who

        (A) participated in the survey,

        (B) refused to participate in the survey, and

        (C) 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 results derived from the responses to the questions.

Fee may be charged

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

Broadcast of surveys not based on recognized statistical methods

327. (1) The first broadcaster or network operator who broadcasts the results of an election survey that is not based on recognized statistical methods during an election period and any broadcaster or network operator who so broadcasts those results within 24 hours after they are first made available to the public must indicate that the survey was not based on recognized statistical methods.

Publication of surveys not based on recognized statistical methods

(2) The first publisher who publishes the results of an election survey that is not based on recognized statistical methods during an election period in a periodical publication or on what is commonly known as the Internet and any publisher who so publishes those results within 24 hours after they are first made available to the public must indicate that the survey was not based on recognized statistical methods.

Prohibition - causing election surveys to be published, etc., during blackout period

328. (1) No person shall knowingly cause to be published or broadcast the results of an election survey, that had not previously been published or broadcast, in a periodical publication or on radio or television or what is commonly known as the Internet, on the day before polling day or on polling day until the close of all polling stations.

Prohibition - publishing, etc., of election surveys during blackout period

(2) No person shall publish or broadcast the results of an election survey in a periodical publication or on radio or television on the day before polling day or on polling day until the close of all polling stations.

Application

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

Premature Publication

Prohibition - premature publication of results

329. No person shall, in an electoral district before the close of all of the polls in that electoral district, publish or broadcast the result or purported result of the vote in any electoral district in Canada by radio or television, or what is commonly known as the Internet, in a periodical publication or by poster, billboard or handbill or in any other manner.

Broadcasting outside Canada

Prohibition - use of broadcasting station outside Canada

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.

Prohibition - broadcasting outside Canada

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

Canvassing by Foreigners

Prohibition - canvassing by non-residents

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 as defined in subsection 2(1) of the Immigration Act.

Political Broadcasts

Appointment of Broadcasting Arbitrator

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.

Term of office

(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.

Removal for cause

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

Eligible for re-appoint-
ment

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

Salary

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

Convening of representa-
tives

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 a general election.

Chairperson

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

Report

(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).

Vacancy during election period

334. In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during a general election, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay.

Broadcasting time to be provided to registered parties

335. (1) In the period beginning on the issue of the writs for a general election and ending on the 2nd 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.

When broadcaster affiliated with network

(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.

Request for meeting

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.

Time of request

(2) The written request referred to in paragraph (1)(a) may be made after the Broadcasting Arbitrator has been in office for 60 days.

Chairperson

(3) The Broadcasting Arbitrator shall act as Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations.

No allocation

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.

Agreement on allocation

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

Broadcasting Arbitrator decides when no agreement

(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.

Factors in allocation

338. (1) Subject to subsections (3) to (5), in allocating, under section 337, the broadcasting time to be made available under section 335, 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.

Allocation where merger of parties

(2) Subject to subsections (3) to (5), in allocating, under section 337, the broadcasting time to be made available under section 335 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.

No allocation in excess of 50%

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

Allocation of time in excess of 50%

(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.

Discretion re allocation

(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.

Notification of allocation

(6) The Broadcasting Arbitrator shall, as soon as possible, by notice in writing, notify

    (a) every registered party, and

    (b) every eligible party whose application for registration has been accepted, either before or after the allocation, by the Chief Electoral Officer

of every allocation made by the Broadcasting Arbitrator or by the registered parties under this section and section 337, and in that notice he or she shall, in the case of an eligible party referred to in paragraph (b), advise it that it has 30 days from the receipt of the notice to request that broadcasting time be made available to it, for purchase, under section 339.

New parties entitled to broadcasting time

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.

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.

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.

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.

Reallocation in case of suspension

340. (1) If, after an allocation of broadcasting time under section 335, a registered party is suspended and a notice of its suspension has been published in the Canada Gazette, the Broadcasting Arbitrator shall, within two weeks after the suspension, convene the representatives of the remaining registered parties to whom broadcasting time has been allocated for the purpose of reallocating the suspended party's allocated broadcasting time.

Exception

(2) If the suspension occurs after the issue of the writs for a general election, the party's allocated broadcasting time shall not be reallocated.

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.

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.

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.

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.

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 under sections 337, 338 and 339 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.

Definitions

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

``commercial time''
« temps commer-
cial »

``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.