"referendum advertising" means the transmission
to the public by any means during a referendum
period of an advertising message that supports
or opposes an answer to a referendum question.
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 a referendum;
(c) the transmission of a document directly
by a person or a group to their members,
employees or shareholders, as the case may
be; or
(d) the transmission by an individual, on a
non-commercial basis on what is commonly
known as the Internet, of his or her personal
political views.
"referendum survey" « sondage référendaire »
"referendum survey" means an opinion survey
of how electors voted or will vote at a referendum.
Referendum Advertising
320. Not applicable.
321. Not applicable.
Referendum advertising posters
322. (1) No landlord or person acting on their
behalf may prohibit a tenant from displaying
referendum advertising posters on the premises
to which the lease relates and no condominium
corporation or any of its agents may prohibit the
owner of a condominium unit from displaying
referendum advertising posters on the premises
of his or her unit.
Permitted restrictions
(2) Despite subsection (1), a landlord, person,
condominium corporation or agent referred to
in that subsection may set reasonable conditions
relating to the size or type of referendum
advertising posters that may be displayed on the
premises and may prohibit the display of referendum
advertising posters in common areas of
the building in which the premises are found.
323. Not applicable.
324. Not applicable.
Prohibition — prevention or impairment of transmission
325. (1) No person shall prevent or impair the
transmission to the public of a referendum advertising
message without the consent of a person
with authority to authorize its transmission.
Exception
(2) Subsection (1) does not apply with
respect to
(a) the prevention or impairment, by a public
authority, of an unlawful transmission if reasonable
notice has first been given to the person
who authorized the transmission; or
(b) the removal by an employee of a public
authority of a sign, poster or banner where
the posting of it is a hazard to public safety.
Referendum Opinion Surveys
Transmission of referendum survey results
326. (1) The first person who transmits the
results of a referendum survey — other than
a survey that is described in section 327 — to
the public during a referendum period and any
person who transmits them to the public within
24 hours after they are first transmitted to the
public must provide the following together with
the results:
(a) the name of the sponsor of the survey;
(b) the name of the person or organization that conducted the survey;
(c) the date on which or the period during
which the survey was conducted;
(d) the population from which the sample of
respondents was drawn;
(e) the number of people who were contacted
to participate in the survey; and
(f) if applicable, the margin of error in respect
of the data obtained.
Additional information — published surveys
(2) In addition to the information referred to
in subsection (1), the following must be provided
in the case of a transmission to the public
by means other than broadcasting:
(a) the wording of the survey questions in
respect of which data is obtained; and
(b) the means by which a report referred to in
subsection (3) may be obtained.
Report on survey
results
(3) A sponsor of a referendum survey shall,
at any time during a referendum period after
the results of the survey are transmitted to the
public, provide, on request, a copy of a written
report on the results of the survey, as transmitted
under subsection (1). The report shall
include the following, as applicable:
(a) the name and address of the sponsor of
the survey;
(b) the name and address of the person or
organization that conducted the survey;
(c) the date on which or the period during
which the survey was conducted;
(d) information about the method used to collect
the data from which the survey results
are derived, including
(i) the sampling method,
(ii) the population from which the sample was drawn,
(iii) the size of the initial sample,
(iv) the number of individuals who were
asked to participate in the survey and
the numbers and respective percentages
of them who participated in the survey,
refused to participate in the survey, and
were ineligible to participate in the survey,
(v) the dates and time of day of the interviews,
(vi) the method used to recalculate data to
take into account in the survey the results
of participants who expressed no opinion,
were undecided or failed to respond to any
or all of the survey questions, and
(vii) any weighting factors or normalization
procedures used in deriving the results
of the survey; and
(e) the wording of the survey questions and,
if applicable, the margins of error in respect
of the data obtained.
Fee may be charged
(4) A sponsor may charge a fee of up to $0.25
per page for a copy of a report provided under
subsection (3).
Broadcast of surveys not based on recognized statistical methods
327. The first person who transmits the
results of a referendum survey that is not based
on recognized statistical methods to the public
during a referendum period and any person who
transmits them within 24 hours after they are
first transmitted to the public must indicate that
the survey was not based on recognized statistical
methods.
Prohibition — causing transmission of referendum survey results during blackout period
328. (1) No person shall knowingly cause
to be transmitted to the public, in an electoral
district on polling day before the close of all
of the polling stations in that electoral district,
the results of a referendum survey that have not
previously been transmitted to the public.
Prohibition — transmission of referendum survey results during blackout period
(2) No person shall transmit to the public, in an
electoral district on polling day before the close of
all of the polling stations in that electoral district,
the results of a referendum survey that have not
previously been transmitted to the public.
Application
(3) For the purpose of this section, a person
includes a registered referendum committee.
Premature Transmission
Prohibition — premature transmission of results
329. No person shall transmit the result or
purported result of the vote in an electoral district
to the public in another electoral district
before the close of all of the polling stations in
that other electoral district.
Broadcasting outside Canada
Prohibition — use of broadcasting station outside Canada
330. (1) No person shall, with intent to influence
persons to vote or refrain from voting
or vote or refrain from voting for a particular
answer to a referendum question, use, aid, abet, counsel or procure the use of a broadcasting
station outside Canada, during a referendum
period, for the broadcasting of any matter
having reference to a referendum.
Prohibition — broadcasting outside Canada
(2) During a referendum period, no person
shall broadcast, outside Canada, referendum
advertising with respect to a referendum.
Non-interference by Foreigners
Prohibition — inducements by non-residents
331. No person who does not reside in
Canada shall, during a referendum period, in
any way induce electors to vote or refrain from
voting or vote or refrain from voting for a particular
answer to a referendum question unless
the person is
(a) a Canadian citizen; or
(b) a permanent resident within the meaning
of subsection 2(1) of the Immigration and Refugee Protection Act.
Political Broadcasts
332. Not applicable.
333. Not applicable.
Vacancy during referendum period
334. In the event of the death, incapacity,
resignation or removal of the Broadcasting
Arbitrator during the referendum period, the
Chief Electoral Officer shall appoint a new
Broadcasting Arbitrator without delay for the
purposes of the referendum.
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