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

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Act current to 2019-02-28 and last amended on 2019-01-19. Previous Versions

PART 16Communications (continued)

Election Advertising

Marginal note:Message must be authorized

 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.

 [Repealed, 2018, c. 31, s. 207]

Marginal note:Election advertising posters

  •  (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.

  • Marginal note: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.

Marginal note:Blackout period

  •  (1) No person shall 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.

  • Marginal note:Interpretation

    (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).

  • Marginal note: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.

  • 2000, c. 9, s. 323;
  • 2018, c. 31, s. 208.

Marginal note:Exceptions

 Subsection 323(1) does not apply in respect of

  • (a) the transmission of a message that was transmitted to the public on what is commonly known as the Internet before the blackout period described in that subsection 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.

  • 2000, c. 9, s. 324;
  • 2001, c. 21, s. 16(E).

Marginal note:Prohibition — prevention or impairment of transmission

  •  (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.

  • Marginal note: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

Marginal note:Transmission of election survey results

  •  (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.

  • Marginal note:Additional information — 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.

  • Marginal note: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.

  • Marginal note: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).

Marginal note:Broadcast of surveys not based on recognized statistical methods

 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.

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

  •  (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.

  • 2000, c. 9, s. 328;
  • 2018, c. 31, s. 211.

 [Repealed, 2014, c. 12, s. 73]

Broadcasting outside Canada

Marginal note:Prohibition — use of broadcasting station outside Canada

  •  (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.

  • 2000, c. 9, s. 330;
  • 2018, c. 31, s. 212.
 
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