Press Releases

(OTTAWA, March 27, 2002) — The Chief Electoral Officer of Canada, Jean-Pierre Kingsley, today announced the approach that Elections Canada will follow in the upcoming by-elections regarding advertising expense limits for third parties.

On June 29, 2001, Mr. Justice Cairns of the Alberta Court of Queen's Bench rendered his decision in Harper v. Attorney General of Canada. In that judgment, Mr. Justice Cairns held that sections 350 and 351 of the Canada Elections Act are of no force or effect. Section 350 of the Act sought to prevent third parties from incurring election advertising expenses beyond a stated limit in a given electoral district during the election period of a by-election. Section 351 sought to prevent third parties from colluding to circumvent the limit. The Attorney General of Canada has filed an appeal of aspects of this judgment, as have Mr. Harper and the National Citizens' Coalition. The appeals are before the Alberta Court of Appeal.

Following consultation with Mr. Raymond Landry, the Commissioner of Canada Elections, who is responsible for the enforcement of the Canada Elections Act, Mr. Kingsley announced that in order to achieve the fair application of the Act across the country, the Alberta court decision will be applied nationally.

Effectively, this means that there will be no limits on advertising expenses for third parties in the upcoming by-elections. Limits on election expenses for candidates and political parties are not affected by the court judgment.

It is important to note that the following third party provisions in the Canada Elections Act remain in force in accordance with the judgment of Mr. Justice Cairns:

• Any third party, immediately upon incurring $500 in election advertising expenses, must register with Elections Canada [ss. 353, 356].
  
  
• All third parties must identify themselves on their election advertising and state that the ad was authorized by the third party [s. 352].
  
  
• Third parties that are required to register must appoint a financial agent to accept all contributions for election advertising purposes and authorize all election advertising expenses on behalf of the third party [ss. 354, 357].
  
  
• Third parties who spend $5 000 or more on election advertising must appoint an auditor [ss. 355, 360].
  
  
• Third parties must not use anonymous or foreign funds for their election advertising [ss. 357, 358].
  
  
• Third parties will have to report the details of their election advertising expenses within four months after polling day [s. 359].
  
  
• Third parties will have to report who contributed money to the third party for election advertising purposes in the period beginning six months before the issue of the writ and ending on polling day [ss. 359, 362].
  
  
• Third parties, political parties and candidates must not transmit election advertising to the public on polling day [s. 323].

Elections Canada is the non-partisan agency responsible for the conduct of federal elections and referendums.