Bill C-2

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	(b) publish in the Canada Gazette
	(i) the names of the candidates between whom there was an equality of votes, and
	(ii) notice that, as no candidate was declared elected in the electoral district because of the equality of votes, a by-election will be conducted under subsection 29(1.1) of the Parliament of Canada Act.
	PART 16
	COMMUNICATIONS
	Interpretation
Definitions	319. The definitions in this section apply in this Part.
``election advertising'' « publicité électorale »	``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
	(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;
	(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;
	(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or
	(d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views.
``election survey'' « sondage électoral »	``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.
``network'' « réseau »	``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.
``network operator'' « exploitant de réseau »	``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.
``prime time'' « heures de grande écoute »	``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.
	Election Advertising
Message must be authorized	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.
Government means of transmission	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.
Application	(2) For the purpose of subsection (1), a person includes a group within the meaning of Part 17.
Election advertising posters	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.
Permitted restrictions	(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.
Blackout period	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.
Interpreta- tion	(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).
Definition of ``person''	(3) For the purpose of subsection (1), a person includes a registered party and a group within the meaning of Part 17.
Exceptions	324. Subsection 323(1) does not apply in respect of
	(a) the transmission, before the blackout period described in that subsection, of a message that was previously transmitted to the public on what is commonly known as the Internet and that was not changed during that period; or
	(b) the distribution during that period of pamphlets or the posting of messages on signs, posters or banners.
Prohibition - prevention or impairment of transmission	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.
Exception	(2) Subsection (1) does not apply with respect to
	(a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; or
	(b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.
	Election Opinion Surveys
Transmission of election survey results	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:
	(a) the name of the sponsor of the survey;
	(b) the name of the person or organization that conducted the survey;
	(c) the date on which or the period during which the survey was conducted;
	(d) the population from which the sample of respondents was drawn;
	(e) the number of people who were contacted to participate in the survey; and
	(f) if applicable, the margin of error in respect of the data obtained.
Additional informa- tion - published surveys	(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:
	(a) the wording of the survey questions in respect of which data is obtained; and
	(b) the means by which a report referred to in subsection (3) may be obtained.
Report on survey results	(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:
	(a) the name and address of the sponsor of the survey;
	(b) the name and address of the person or organization that conducted the survey;
	(c) the date on which or the period during which the survey was conducted;
	(d) information about the method used to collect the data from which the survey results are derived, including
	(i) the sampling method,
	(ii) the population from which the sample was drawn,
	(iii) the size of the initial sample,
	(iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and 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 data obtained.
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. 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.
Prohibition - causing transmission of election survey results during blackout period	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.
Prohibition - transmission of election survey results during blackout period	(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.
Application	(3) For the purpose of this section, a person includes a group within the meaning of Part 17.
	Premature Transmission
Prohibition - premature transmission of results	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.
	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 with respect to an election.
	Non-interference by Foreigners
Prohibition - inducements 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- appointment	(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 the election period of 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 the election period of 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 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.
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.