Canada Elections Act (S.C. 2000, c. 9)

Marginal note:Prohibition — causing transmission of election survey results during blackout period

• 328 (1) No person shall 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.

• Marginal note: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.

• Marginal note:Application

  (3) For the purpose of this section, a person includes a group within the meaning of Part 17.

329 [Repealed, 2014, c. 12, s. 73]

Broadcasting outside Canada

Marginal note:Prohibition — use of broadcasting station outside Canada

• 330 (1) No person shall, with intent to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election, use a broadcasting station outside Canada, or 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.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply in respect of any matter that is broadcast if the broadcasting signals originated in Canada.

• Marginal note:Prohibition — broadcasting outside Canada

  (2) During an election period, no person shall broadcast, outside Canada, election advertising with respect to an election.

331 [Repealed, 2018, c. 31, s. 213]

Political Broadcasts

Marginal note: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.

• Marginal note: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.

• Marginal note:Removal for cause

  (3) The Chief Electoral Officer may remove the Broadcasting Arbitrator from office only for cause.

• Marginal note:Eligible for re-appointment

  (4) A Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed.

• Marginal note:Salary

  (5) A Broadcasting Arbitrator shall be paid the salary or other remuneration that may be fixed by the Chief Electoral Officer.

Marginal note:Convening of representatives

• 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.

• Marginal note:Chairperson

  (2) The Chief Electoral Officer shall designate the Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations.

• Marginal note: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).

Marginal note: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.

Marginal note:Broadcasting time 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 day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions imposed on it under section 9.1 of that Act, 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.

• Marginal note: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.

Marginal note: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.

• Marginal note:Time of request

  (2) The written request may not be made until the Broadcasting Arbitrator has been in office for 60 days.

• Marginal note:Chairperson

  (3) The Broadcasting Arbitrator shall act as Chairperson at any meeting referred to in subsection (1).

Marginal note:No allocation

• 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

  • (a) indicates in writing to the Broadcasting Arbitrator that it does not wish to be allocated broadcasting time; or

  • (b) fails to communicate to the Broadcasting Arbitrator its intentions regarding the allocation of the broadcasting time and fails to have its representative attend the meeting.

• Marginal note:Agreement on allocation

  (2) Unanimous agreement of the registered parties on the allocation of the broadcasting time is binding on all registered parties.

• Marginal note:Broadcasting Arbitrator decides when no agreement

  (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.

Marginal note:Factors in allocation

• 338 (1) Subject to subsections (3) to (5), in allocating broadcasting time, the Broadcasting Arbitrator shall give equal weight to

  • (a) the percentage of seats in the House of Commons held by each of the registered parties at the previous general election; and

  • (b) the percentage of the popular vote at the previous general election of each registered party.

  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.

• Marginal note:Allocation where merger of parties

  (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

  • (a) in determining the percentage of seats held by a merged party at the previous general election for the purpose of paragraph (1)(a), include the total number of seats held by the merging parties;

  • (b) in determining the percentage of the popular vote of a merged party at the previous general election for the purpose of paragraph (1)(b), include the total number of votes obtained by the merging parties; and

  • (c) for the purpose of giving the half-weight under subsection (1), assign to the merged party the number of candidates endorsed by the merging party that had the greatest number of candidates at that election.

• Marginal note:No allocation in excess of 50%

  (3) In no case shall the Broadcasting Arbitrator allocate more than 50% of the total of the broadcasting time to a registered party.

• Marginal note:Allocation of time in excess of 50%

  (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.

• Marginal note:Discretion re allocation

  (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.

• Marginal note:Notification of allocation

  (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

  • (a) every registered party; and

  • (b) every political party that became an eligible party either before or after the allocation.

  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.

Marginal note:New parties entitled to broadcasting time

• 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

  • (a) the smallest portion of broadcasting time to be made available under section 335 allocated to a registered party under sections 337 and 338, and

  • (b) six minutes.

• Marginal note:Parties not entitled to time

  (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

  • (a) indicates in writing that it does not wish any broadcasting time under this section; or

  • (b) fails to make a request as described in subsection 338(6) within the time referred to in that subsection.

• Marginal note:Broadcasting time provided to new eligible parties

  (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 imposed on it under section 9.1 of that Act, 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.

• Marginal note:Maximum of 39 minutes

  (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.