Fair Elections Act (S.C. 2014, c. 12)

Division 1.1Provision of Voter Contact Calling Services

Agreements Relating to Voter Contact Calling Services

Marginal note:Prohibition — entering into agreement with calling service provider

348.02 A person or group shall not enter into an agreement with a calling service provider for voter contact calling services unless

• (a) the person or group is a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group, and the agreement is entered into on behalf of the person or group by the person’s or group’s official representative;

• (b) the person is a candidate and the agreement is entered into in their own name or on their behalf by their official representative or by a person that their official representative has so authorized in writing; or

• (c) the person is an unregistered third party who is an individual and the agreement is entered into in their own name.

Marginal note:Obligation to inform

348.03 Before a person enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, the person shall inform the calling service provider that the agreement is for voter contact calling services and shall provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

Marginal note:Obligation to obtain identification information

• 348.04 (1) Before a calling service provider enters into an agreement with a person or group to provide voter contact calling services, the calling service provider shall obtain from the person who is to enter into the agreement, either in their own name or on behalf of the person or a group, their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

• Marginal note:Obligation to keep identification information

  (2) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.

Marginal note:Obligation to confirm nature of services

• 348.05 (1) A calling service provider that enters into an agreement to make calls for or on behalf of a person or group shall, before the first call is made under the agreement during an election period, ask the person or group whether the making of calls under the agreement would constitute voter contact calling services.

• Marginal note:Obligation to authorize, etc.

  (2) If the making of calls under the agreement does constitute voter contact calling services, a person who is authorized under section 348.02 to enter into an agreement for voter contact calling services with respect to the person or group in question shall, before the first call is made, authorize the provision of voter contact calling services under the agreement and provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

• Marginal note:Obligation to obtain identification information

  (3) If the making of calls under the agreement does constitute voter contact calling services, the calling service provider shall, before the first call is made, obtain from the person who provides the authorization in accordance with subsection (2) that person’s name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains that person’s name.

• Marginal note:Obligation to keep identification information

  (4) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.

Filing Obligations — Registration Notices

Marginal note:Obligation to file registration notice

• 348.06 (1) A calling service provider that, in accordance with an agreement, provides voter contact calling services shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

• Marginal note:Time for filing and contents

  (2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out

  • (a) the calling service provider’s name;

  • (b) the name of the person or group with which the calling service provider has entered into the agreement; and

  • (c) the type of calls to be made under the agreement.

Marginal note:Obligation to file registration notice — agreement

• 348.07 (1) A person who enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, or a person who provides an authorization of the provision of voter contact calling services under an agreement in accordance with subsection 348.05(2), as the case may be, shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

• Marginal note:Time for filing and contents

  (2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out

  • (a) the calling service provider’s name;

  • (b) the name of the person or group with which the calling service provider has entered into the agreement; and

  • (c) the type of calls to be made under the agreement.

• Marginal note:Obligation to provide copy of identification document

  (3) The person who files the registration notice shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

• Marginal note:Deeming

  (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

Marginal note:Obligation to file registration notice — live voice calls

• 348.08 (1) 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’s official representative shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

• Marginal note:Time for filing and contents

  (2) The registration notice shall be filed not later than 48 hours after the first live voice call is made and shall set out

  • (a) the third party’s name;

  • (b) the name, address and telephone number of the official representative; and

  • (c) a statement that the third party is making live voice calls.

• Marginal note:Obligation to provide copy of identification document

  (3) The official representative shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

• Marginal note:Deeming

  (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

Marginal note:Obligation to file registration notice — other calls

• 348.09 (1) 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 official representative of the person or group — or the person themselves, if the person is an unregistered third party who is an individual — shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

• Marginal note:Time for filing and contents

  (2) The registration notice shall be filed not later than 48 hours after the first call is made and shall set out

  • (a) the name of the person or group;

  • (b) the name, address and telephone number of the official representative or individual; and

  • (c) a statement that the person or group is making calls by means of an automatic dialing-announcing device.

• Marginal note:Obligation to provide copy of identification document

  (3) The official representative or individual shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

• Marginal note:Deeming

  (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

Role of the Canadian Radio-television and Telecommunications Commission

Marginal note:Administration and enforcement

• 348.1 (1) The Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.

• Marginal note:Telecommunications Act

  (2) The administration and enforcement of this Division are to be carried out under Part V of the Telecommunications Act.

Marginal note:Registry

348.11 The Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.

Marginal note:Publication

348.12 As soon as feasible after the expiry of 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: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.