Bill C-2
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PART 16 |
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COMMUNICATIONS |
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Interpretation |
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Definitions
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319. The definitions in this section apply in
this Part.
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``election
advertising'' « publicité électorale »
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``election advertising'' means the
transmission to the public by any means
during an election period of an advertising
message that promotes or opposes a
registered party or the election of a
candidate, including one that takes a
position on an issue with which a registered
party or candidate is associated. For greater
certainty, it does not include
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``election
survey'' « sondage électoral »
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``election survey'' means an opinion survey of
how electors voted or will vote at an
election or respecting an issue with which a
registered party or candidate is associated.
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``network'' « réseau »
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``network'' means a network as defined in
subsection 2(1) of the Broadcasting Act, but
does not include a temporary network
operation as defined in that subsection.
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``network
operator'' « exploitant de réseau »
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``network operator'' means a person or
undertaking to which permission has been
granted by the Canadian Radio-television
and Telecommunications Commission to
form and operate a network.
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``prime time'' « heures de grande écoute »
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``prime time'', in the case of a radio station,
means the time between the hours of 6 a.m.
and 9 a.m., noon and 2 p.m. and 4 p.m. and
7 p.m., and, in the case of a television
station, means the hours between 6 p.m. and
midnight.
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Election Advertising |
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Message must
be authorized
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320. A candidate or registered party, or a
person acting on their behalf, who causes
election advertising to be conducted shall
mention in or on the message that its
transmission was authorized by the official
agent of the candidate or by the registered
agent of the party, as the case may be.
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Government
means of
transmission
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321. (1) No person shall knowingly conduct
election advertising or cause it to be
conducted using a means of transmission of
the Government of Canada.
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Application
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(2) For the purpose of subsection (1), a
person includes a group within the meaning of
Part 17.
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Election
advertising
posters
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322. (1) No landlord or person acting on
their behalf may prohibit a tenant from
displaying election advertising posters on the
premises to which the lease relates and no
condominium corporation or any of its agents
may prohibit the owner of a condominium unit
from displaying election advertising posters
on the premises of his or her unit.
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Permitted
restrictions
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(2) Despite subsection (1), a landlord,
person, condominium corporation or agent
referred to in that subsection may set
reasonable conditions relating to the size or
type of election advertising posters that may
be displayed on the premises and may prohibit
the display of election advertising posters in
common areas of the building in which the
premises are found.
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Blackout
period
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323. (1) No person shall knowingly transmit
election advertising to the public in an
electoral district on polling day before the
close of all of the polling stations in the
electoral district.
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Interpreta- tion
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(2) The transmission to the public of a
notice of an event that the leader of a
registered party intends to attend or an
invitation to meet or hear the leader of a
registered party is not election advertising for
the purpose of subsection (1).
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Definition of
``person''
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(3) For the purpose of subsection (1), a
person includes a registered party and a group
within the meaning of Part 17.
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Exceptions
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324. Subsection 323(1) does not apply in
respect of
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Prohibition -
prevention or
impairment of
transmission
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325. (1) No person shall prevent or impair
the transmission to the public of an election
advertising message without the consent of a
person with authority to authorize its
transmission.
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Exception
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(2) Subsection (1) does not apply with
respect to
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Election Opinion Surveys |
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Transmission
of election
survey results
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326. (1) The first person who transmits the
results of an election survey - other than a
survey that is described in section 327 - to
the public during an election period and any
person who transmits them to the public
within 24 hours after they are first transmitted
to the public must provide the following
together with the results:
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Additional
informa- tion - published surveys
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(2) In addition to the information referred to
in subsection (1), the following must be
provided in the case of a transmission to the
public by means other than broadcasting:
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Report on
survey results
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(3) A sponsor of an election survey shall, at
any time during an election period after the
results of the survey are transmitted to the
public, provide, on request, a copy of a written
report on the results of the survey, as
transmitted under subsection (1). The report
shall include the following, as applicable:
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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 -
causing
transmission
of election
survey results
during
blackout
period
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328. (1) No person shall knowingly cause to
be transmitted to the public, in an electoral
district on polling day before the close of all
of the polling stations in that electoral district,
the results of an election survey that have not
previously been transmitted to the public.
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Prohibition -
transmission
of election
survey results
during
blackout
period
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(2) No person shall transmit to the public, in
an electoral district on polling day before the
close of all of the polling stations in that
electoral district, the results of an election
survey that have not previously been
transmitted to the public.
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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 the result or
purported result of the vote in an electoral
district to the public in another electoral
district before the close of all of the polling
stations in that other 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- appointment
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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
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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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