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

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Marginal note:Broadcasting Arbitrator to prepare guidelines

 The Broadcasting Arbitrator shall, not later than two days after the issue of the writs for a general election, prepare and send to the Canadian Radio-television and Telecommunications Commission a set of guidelines respecting

  • (a) the allocation of or entitlement to broadcasting time under this Act;

  • (b) the procedures for booking broadcasting time by registered parties and eligible parties; and

  • (c) any other matters that may be pertinent to the conduct of broadcasters and network operators under this Act.

Marginal note:C.R.T.C. to prepare and send guidelines

 The Canadian Radio-television and Telecommunications Commission shall, not later than four days after the issue of the writs for a general election, prepare a set of guidelines respecting the applicability of the Broadcasting Act and the regulations made under that Act to the conduct of broadcasters and network operators in relation to a general election and send them, together with the set of guidelines sent by the Broadcasting Arbitrator under section 346, to all broadcasters and network operators.

Marginal note:Prohibition relating to rates charged

 No person shall charge a registered party, any other political party or a candidate or a person acting on behalf of any of them,

  • (a) a rate for broadcasting time made available to the party or candidate, in the period beginning on the issue of the writs and ending at midnight on the day before polling day, that exceeds the lowest rate charged by the person for an equal amount of equivalent time on the same facilities made available to any other person at any time within that period; or

  • (b) a rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by the person for an equal amount of equivalent advertising space in the same issue of the periodical publication or in any other issue of it that is published or distributed and made public in that period.

  • 2000, c. 9, s. 348;
  • 2001, c. 21, s. 19.

PART 16.1Voter Contact Calling Services

DIVISION 1Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

automatic dialing-announcing device

composeur-messager automatique

automatic dialing-announcing device means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers. (composeur-messager automatique)

call

appel

call means any of the following types of calls that are made to telephone numbers:

  • (a) live voice calls;

  • (b) calls made by means of an automatic dialing-announcing device;

  • (c) calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b). (appel)

calling service provider

fournisseur de services d’appel

calling service provider means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group. (fournisseur de services d’appel)

group

groupe

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

internal services

services internes

internal services means

  • (a) in relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;

  • (b) in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; and

  • (c) in relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual. (services internes)

official representative

représentant officiel

official representative means

  • (a) in the case of a registered party, its chief agent;

  • (b) in the case of a registered association, its financial agent;

  • (c) in the case of a candidate, their official agent;

  • (d) in the case of a nomination contestant, their financial agent;

  • (e) in the case of a registered third party, its financial agent;

  • (f) in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; and

  • (g) in the case of an unregistered third party that is a group, a person who is responsible for the group. (représentant officiel)

registered third party

tiers enregistré

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

third party

tiers

third party means a person or a group, other than a registered party, registered association, candidate or nomination contestant. (tiers)

voter contact calling services

services d’appels aux électeurs

voter contact calling services means services involving the making of calls during an election period for any purpose related to an election, including

  • (a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;

  • (b) encouraging electors to vote or to refrain from voting;

  • (c) providing information about the election, including information about voting hours and the location of polling stations;

  • (d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and

  • (e) raising funds for a registered party, a registered association, a candidate or a nomination contestant. (services d’appels aux électeurs)

  • 2014, c. 12, s. 75.

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

 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.

  • 2014, c. 12, s. 76.
Marginal note:Obligation to inform

 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.

  • 2014, c. 12, s. 76.
Marginal note:Obligation to obtain identification information
  •  (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.

  • 2014, c. 12, s. 76.
 
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