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| Fee may be
charged
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(4) A sponsor may charge a fee of up to
$0.25 per page for a copy of a report provided
under subsection (3).
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| Broadcast of
surveys not
based on
recognized
statistical
methods
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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.
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| Prohibition -
transmission
of election
survey results
during
blackout
period
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328. (1) No person, on the day before
polling day or on polling day until the close of
all polling stations, shall knowingly cause the
results of an election survey to be transmitted
to the public.
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| Prohibition -
transmission
of election
survey results
during
blackout
period
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(2) No person, on the day before polling day
or on polling day until the close of all polling
stations, shall transmit to the public the results
of an election survey.
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| Application
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(3) For the purpose of this section, a person
includes a group within the meaning of Part
17.
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Premature Transmission |
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| Prohibition -
premature
transmission
of results
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329. No person shall transmit, to the public
in an electoral district in which polls remain
open, the result or purported result of the vote
in another electoral district.
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Broadcasting outside Canada |
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| Prohibition -
use of
broadcasting
station outside
Canada
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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.
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| Prohibition -
broadcasting
outside
Canada
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(2) During an election period, no person
shall broadcast, outside Canada, election
advertising with respect to an election.
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Non-interference by Foreigners |
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| Prohibition -
inducements
by
non-residents
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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
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Political Broadcasts |
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| Appointment
of
Broadcasting
Arbitrator
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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
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| Term of office
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(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.
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| Removal for
cause
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(3) The Chief Electoral Officer may remove
the Broadcasting Arbitrator from office only
for cause.
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| Eligible for
re-appoint- ment
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(4) A Broadcasting Arbitrator whose term
of office has expired is eligible to be
re-appointed.
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| Salary
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(5) A Broadcasting Arbitrator shall be paid
the salary or other remuneration that may be
fixed by the Chief Electoral Officer.
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| Convening of
representa- tives
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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
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| Chairperson
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(2) The Chief Electoral Officer shall
designate the Chairperson at the meeting
referred to in subsection (1) and at all
subsequent consultations.
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| Report
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(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
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| Vacancy
during
election
period
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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.
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| 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
at midnight on the second 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.
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| When
broadcaster
affiliated with
network
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(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.
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| Request for
meeting
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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.
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| Time of
request
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(2) The written request may not be made
until the Broadcasting Arbitrator has been in
office for 60 days.
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| Chairperson
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(3) The Broadcasting Arbitrator shall act as
Chairperson at any meeting referred to in
subsection (1).
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| No allocation
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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
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| Agreement on
allocation
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(2) Unanimous agreement of the registered
parties on the allocation of the broadcasting
time is binding on all registered parties.
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| Broadcasting
Arbitrator
decides when
no agreement
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(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.
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| Factors in
allocation
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338. (1) Subject to subsections (3) to (5), in
allocating broadcasting time, the
Broadcasting Arbitrator shall give equal
weight to
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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.
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| Allocation
where merger
of parties
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(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
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| No allocation
in excess of
50%
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(3) In no case shall the Broadcasting
Arbitrator allocate more than 50% of the total
of the broadcasting time to a registered party.
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| Allocation of
time in excess
of 50%
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(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.
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| Discretion re
allocation
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(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.
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| Notification
of allocation
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(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
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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.
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| New parties
entitled to
broadcasting
time
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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
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| Parties not
entitled to
time
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(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
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| Broadcasting
time to be
provided to
new eligible
parties
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(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.
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| Maximum of
39 minutes
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(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.
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| Reallocation
in case of
suspension
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340. (1) Where a registered party to which
broadcasting time has been allocated under
section 335 is subsequently suspended and a
notice of its suspension is published in the
Canada Gazette, the Broadcasting Arbitrator,
within two weeks after the suspension, 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.
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| Reallocation
in case of loss
of eligibility
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(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.
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| Exception
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(3) If the suspension 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 suspended party or to
the party that has ceased to be eligible shall not
be reallocated.
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| 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.
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| Broadcasters
to be notified
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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.
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| Information to
parties
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(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.
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| Annual
review
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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.
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| Reduction to
six and
one-half hours
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(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.
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| Definitions
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344. (1) The definitions in this subsection
apply in subsections (2) and (5).
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| ``commercial
time'' « temps commercial »
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``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.
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| ``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
|
(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.
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| Consultation
to reach
agreement
|
(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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