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

Marginal note:Publication

• 348.12 (1) As soon as feasible but no later than 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.

• Marginal note:Clarification

  (2) Nothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.

Marginal note:Delegation

• 348.13 (1) The Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.

• Marginal note:Revocation

  (2) The Commission may, in writing, revoke a delegation made under subsection (1).

Marginal note:Authorization of types of identification

348.14 The Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.

Marginal note:Disclosure to Commissioner

348.15 The Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.

DIVISION 2Scripts, Recordings and Lists of Telephone Numbers

Marginal note:Calling service provider — agreement

348.16 Every calling service provider that, in accordance with an agreement, provides voter contact calling services shall keep, for three years after the end of the election period,

• (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used;

• (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed; and

• (c) a list of every telephone number called under the agreement during the election period.

Marginal note:Person or group — agreement

348.17 Every person or group that enters into an agreement with a calling service provider under which voter contact calling services are provided shall keep, for one year after the end of the election period,

• (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used;

• (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed; and

• (c) a list of every telephone number called under the agreement during the election period.

Marginal note:Person or group — internal services

348.18 If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the person or group shall keep, for one year after the end of the election period,

• (a) a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; and

• (b) a list of every telephone number called for that purpose during the election period.

Marginal note:Third party that is corporation or group — internal services

348.19 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party shall, if a script is used, keep, for one year after the end of the election period,

• (a) a copy of each unique script used and a record of every date on which the script was used; and

• (b) a list of every telephone number called for that purpose during the election period.

PART 17Third Party Advertising, Partisan Activities and Election Surveys

Interpretation

Marginal note:Definitions

349 The definitions in this section apply in this Part.

election advertising

election advertising[Repealed, 2018, c. 31, s. 222]

election advertising expense

election advertising expense[Repealed, 2018, c. 31, s. 222]

election survey

election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into account

• (a) in deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; or

• (b) in their organization and carrying out of those activities or their transmission of those messages. (sondage électoral)

election survey expense

election survey expense means an expense incurred in respect of the conducting of an election survey

• (a) in Division 1, during a pre-election period;

• (b) in Division 2, during an election period; and

• (c) in Division 3, during either a pre-election period or an election period. (dépenses de sondage électoral)

expenses

expenses means

• (a) amounts paid;

• (b) liabilities incurred;

• (c) the commercial value of property and services, other than volunteer labour, that are donated or provided; and

• (d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value. (dépenses)

group

group means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose. (groupe)

partisan activity

partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination 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. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)

partisan activity expense

partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity. (dépenses d’activité partisane)

registered third party

registered third party means a third party that is registered under section 349.6 or 353. (tiers enregistré)

third party

third party means

• (a) in Division 0.1, a person or a group other than

  • (i) during an election period, a candidate, a registered party or an electoral district association of a registered party, and

  • (ii) outside of an election period,

    • (A) a registered party or eligible party or a registered association,

    • (B) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

    • (C) a nomination contestant;

• (a.1) in Division 1, a person or a group other than

  • (i) a registered party or eligible party or a registered association,

  • (ii) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

  • (iii) a nomination contestant; and

• (b) in Division 2, a person or a group other than a candidate, a registered party or an electoral district association of a registered party. (tiers)