``program
time'' « durée de l'émission »
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``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.
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Notice of
preference by
party
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(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.
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Consultation
to reach
agreement
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(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.
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When no
agreement
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(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.
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Factors in
decision
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(5) In making a decision under subsection
(4), the Broadcasting Arbitrator shall take into
account the following principles:
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Decision
binding
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(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.
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Free
broadcasting
time
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345. (1) In the period beginning on the issue
of the writs for a general election and ending
on the 2nd 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
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Determi- nation of free broadcasting time
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(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:
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Free time not
election
expense
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(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.
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Determi- nation of population reached
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(4) For the purpose of subsection (1), a
network is deemed to reach
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Broadcasting
Arbitrator to
issue
guidelines
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346. The Broadcasting Arbitrator shall, not
later than three days after the issue of the writs
for a general election, issue to all broadcasters
and network operators
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C.R.T.C. to
provide
guidelines to
Broadcasting
Arbitrator
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347. The Canadian Radio-television and
Telecommunications Commission shall, not
later than two days after the issue of the writs
for a general election, prepare and send to the
Broadcasting Arbitrator 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.
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Prohibition
relating to
rates charged
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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,
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PART 17 |
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THIRD PARTY ELECTION ADVERTISING |
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Definitions
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349. The definitions in this section apply in
this Part.
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``election
advertising'' « publicité électorale »
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``election advertising'' has the same meaning
as in section 319.
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``election
advertising
expenses'' « dépenses de publicité électorale »
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``election advertising expenses'' means
expenses that relate to
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``expenses'' « dépenses »
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``expenses'' means
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``group'' « groupe »
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``group'' means an unincorporated trade
union, trade association or other group of
persons acting together by mutual consent
for a common purpose.
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``third party'' « tiers »
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``third party'' means a person or a group, other
than a candidate, registered party or
electoral district association of a registered
party.
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Spending
limit
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350. (1) A third party shall not incur
election advertising expenses of a total
amount of more than $150,000 during an
election period in relation to a general
election.
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Spending
limit -
electoral
district
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(2) Not more than $3,000 of the total
amount referred to in subsection (1) shall be
incurred to promote or oppose the election of
one or more candidates in a given electoral
district, including by
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Spending
limit -
by-election
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(3) A third party shall not incur election
advertising expenses of a total amount of more
than $3,000 during the election period of a
by-election.
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Third party
inflation
adjustment
fraction
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(4) The amounts referred to in subsections
(1) to (3) shall be multiplied by the inflation
adjustment fraction referred to in section 414
that is in effect on the issue of the writ or writs,
as the case may be.
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No
combination
to exceed
limit
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351. A third party shall not circumvent, or
attempt to circumvent, a limit set out in
section 350 in any manner, including by
splitting itself into two or more third parties
for the purpose of circumventing the limit or
acting in collusion with another third party so
that their combined election advertising
expenses exceed the limit.
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Advertising
must name
third party
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352. A third party shall identify itself in any
election advertising placed by it and indicate
that it has authorized the advertising.
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Registration
requirement
for third
parties
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353. (1) A third party shall register
immediately after having incurred election
advertising expenses of a total amount of $500
and may not register before the issue of the
writ.
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Application
for
registration
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(2) An application for registration shall be
sent to the Chief Electoral Officer in the
prescribed form and shall include
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Declaration of
financial
agent to
accompany
application
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(3) An application under subsection (2)
must be accompanied by a declaration signed
by the financial agent accepting the
appointment.
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New financial
agent
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(4) If a third party's financial agent is
replaced, it shall, without delay, provide the
Chief Electoral Officer with the new financial
agent's name, address and telephone number
and a declaration signed by the new financial
agent accepting the appointment.
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Trade union
or corporation
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(5) If the third party is a trade union,
corporation or other entity with a governing
body, the application must include a copy of
the resolution passed by its governing body
authorizing it to incur election advertising
expenses.
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Examination
of application
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(6) The Chief Electoral Officer shall,
without delay after receiving an application,
determine whether the requirements set out in
subsections (1) to (3) and (5) are met and shall
then notify the person who signed the
application whether the third party is
registered. In the case of a refusal to register,
the Chief Electoral Officer shall give reasons
for the refusal.
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Application
rejected
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(7) A third party may not be registered
under a name that, in the opinion of the Chief
Electoral Officer, is likely to be confused with
the name of a candidate, registered party,
registered third party or eligible party.
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Registration
ends
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(8) The registration of a third party is valid
only for the election period during which the
application is made, but the third party
continues to be subject to the requirement to
file an election advertising report under
subsection 359(1).
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Appointment
of financial
agent
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354. (1) A third party that is required to
register under subsection 353(1) shall appoint
a financial agent who may be a person who is
authorized to sign an application for
registration made under that subsection.
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Financial
agent -
ineligible
persons
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(2) The following persons are ineligible for
appointment, or to serve, as a financial agent
of a third party:
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Requirement
to appoint
auditor
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355. (1) A third party that incurs election
advertising expenses of $5,000 or more must
appoint an auditor without delay.
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Eligibility
criteria
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(2) The following are eligible for
appointment, or to serve, as an auditor for a
third party:
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Ineligibility
criteria
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(3) The following persons are ineligible for
appointment, or to serve, as an auditor for a
third party:
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