Canada Elections Act

Marginal note:Definitions

• 349.01 (1) The following definitions apply in this Division.

  advertising

  advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, leadership contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person 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 by a Senator or a member the expense of which is paid by the Senate or House of Commons;

  • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views;

  • (f) the making of telephone calls to electors only to encourage them to vote; or

  • (g) the making of telephone calls to persons only to encourage them to vote at a nomination contest or leadership contest. (publicité)

  foreign entity

  foreign entity includes

  • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada if it does not carry on business in Canada or one of the primary activities that it carries on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, potential candidate, registered party or eligible party, at an election;

  • (c) a trade union that does not hold bargaining rights for employees in Canada; or

  • (d) a foreign economic entity, a foreign entity, a foreign power or a foreign state, as those expressions are defined in subsection 2(1) of the Foreign Interference and Security of Information Act. (entité étrangère)

  • (e) [Repealed, 2026, c. 20, s. 13]

• Marginal note:Definition of advertising

  (2) For the purposes of the definition advertising, promoting or opposing includes

  • (a) in relation to a registered party or eligible party,

    • (i) naming it,

    • (ii) identifying it, including by its logo, and

    • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

  • (b) in relation to the election of a potential candidate, nomination contestant, leadership contestant, candidate or leader of a registered party or eligible party,

    • (i) naming him or her,

    • (ii) showing a photograph, cartoon or drawing of him or her,

    • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

    • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).