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Bill C-83

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First Reading

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``program time'' « durée de l'émission »	``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.
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.
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.
When no agreement	(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.
Factors in decision	(5) In making a decision under subsection (4), the Broadcasting Arbitrator shall take into account the following principles:
	(a) that each registered party and each eligible party should have the freedom and flexibility to determine 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 should be made available; and
	(b) that any broadcasting time to be made available to a registered party or eligible party should be made available fairly throughout prime time.
Decision binding	(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.
Free broadcasting time	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
	(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.
Determi- nation 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.
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 407.
Determi- nation 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.
Broadcasting Arbitrator to issue guidelines	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
	(a) a set of guidelines respecting
	(i) the allocation of or entitlement to broadcasting time under this Act,
	(ii) the procedures for booking broadcasting time by registered parties and eligible parties, and
	(iii) any other matters that may be pertinent to the conduct of broadcasters and network operators under this Act; and
	(b) the guidelines provided to the Broadcasting Arbitrator by the Canadian Radio-television and Telecommunications Commission under section 347.
C.R.T.C. to provide guidelines to Broadcasting Arbitrator	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.
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 writ and ending two days 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 17
	THIRD PARTY ELECTION ADVERTISING
Definitions	349. The definitions in this section apply in this Part.
``election advertising'' « publicité électorale »	``election advertising'' has the same meaning as in section 319.
``election advertising expenses'' « dépenses de publicité électorale »	``election advertising expenses'' means expenses that relate to
	(a) the production of material that is related to election advertising for use on television or radio or by any other medium directed to the general public, in a periodical publication or on billboards, posters or banners or what is commonly known as the Internet, and for distribution to households;
	(b) the acquisition, in relation to election advertising, of
	(i) broadcasting time at the facilities of a broadcasting undertaking as defined by subsection 2(1) of the Broadcasting Act, or
	(ii) space for use in a periodical publication or on a billboard; or
	(c) the mailing and distribution of election advertising material to households.
``expenses'' « dépenses »	``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.
``group'' « groupe »	``group'' means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.
``third party'' « tiers »	``third party'' means a person or a group, other than a candidate, registered party or electoral district association of a registered party.
Spending limit	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.
Spending limit - electoral district	(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
	(a) naming them;
	(b) showing their likenesses;
	(c) identifying them by their respective political affiliations; or
	(d) taking a position on an issue with which they alone are particularly associated.
Spending limit - by-election	(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.
Third party inflation adjustment fraction	(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.
No combination to exceed limit	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.
Advertising must name third party	352. A third party shall identify itself in any election advertising placed by it and indicate that it has authorized the advertising.
Registration requirement for third parties	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.
Application for registration	(2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include
	(a) the name, address and telephone number of
	(i) if the third party is an individual, the individual,
	(ii) if the third party is a corporation, the corporation and the officer who has signing authority for it, and
	(iii) if the third party is a group, the group and a person who is responsible for the group;
	(b) the signature of the individual, officer or person referred to in subparagraph (a)(i), (ii) or (iii), respectively, as the case may be;
	(c) the address and telephone number of the office of the third party where its books and records are kept and of the office to which communications may be addressed; and
	(d) the name, address and telephone number of the third party's financial agent.
Declaration of financial agent to accompany application	(3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.
New financial agent	(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.
Trade union or corporation	(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.
Examination of application	(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.
Application rejected	(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.
Registration ends	(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).
Appointment of financial agent	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.
Financial agent - ineligible persons	(2) The following persons are ineligible for appointment, or to serve, as a financial agent of a third party:
	(a) a candidate or an official agent of a candidate;
	(b) a person who is the chief agent, or a registered agent, of a registered party;
	(c) an election officer or an employee of a returning officer; and
	(d) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act.
Requirement to appoint auditor	355. (1) A third party that incurs election advertising expenses of $5,000 or more must appoint an auditor without delay.
Eligibility criteria	(2) The following are eligible for appointment, or to serve, as an auditor for a third party:
	(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or
	(b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.
Ineligibility criteria	(3) The following persons are ineligible for appointment, or to serve, as an auditor for a third party:
	(a) the third party's financial agent;
	(b) a person who signed the application made under subsection 353(2);

Bill C-83

PART 17

THIRD PARTY ELECTION ADVERTISING