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Election advertising |
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· Canada ·
Newfoundland ·
Prince Edward Island ·
Nova Scotia ·
· New Brunswick ·
Quebec ·
Ontario ·
Manitoba ·
Saskatchewan ·
· Alberta ·
British Columbia ·
Northwest Territories ·
Yukon ·
Nunavut ·
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Canada |
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Definition [C.E.A., s. 259]
- For the purpose of advertising by every person, advertising means any notice, article or illustration, which may include pictures or text published or shown in any media, including electronic media and periodical publications and includes notices, articles, illustrations, newspapers and like publications designed for mass distribution but does not include:
- publishing or broadcasting editorials, news, interviews, columns, letters or commentaries in a periodical publication, radio or television program; or
- producing, promoting or distributing a book for no less than its commercial value, if the book was planned to be sold regardless of the election.
Authorization [C.E.A., s. 259.2(1), 261]
- Every person who sponsors or conducts advertising without identifying the name of the sponsor and indicating that it was authorized by that sponsor is guilty of an offence.
- Every printed advertisement, handbill, placard or poster that promotes or opposes the election of a registered political party or candidate and that is displayed or distributed during an election by or on behalf of a registered party or a candidate must indicate that it was authorized by the registered agent of the party or by the official agent of the candidate, as the case may be, and bear the registered agent's or official agent's name.
- Every person who prints, publishes, distributes or posts up, or who causes to be printed, published, distributed or posted up, any document is, unless it bears the name and authorization required, guilty of an offence.
Restrictions on advertising [C.E.A., s. 48, 213(1), 259.1, 259.2(2)]
- Every registered party or every party whose application for registration has been accepted by the Chief Electoral Officer but has yet to have effect, that, through any person acting on its behalf:
- between the date of the issue of the writ for an election and Sunday, the 29th day before polling day, or on polling day or the one day immediately preceding polling day:
- advertises on the facilities of any broadcasting undertaking;
- procures for publication or acquiesces in the publication of an advertisement in a periodical publication; or
- between the date of the issue of the writ for an election and polling day, or on polling day, procures for publication or acquiesces in the publication in a government publication of material that promotes or opposes a particular registered party or a particular candidate;
for the purpose of promoting or opposing a particular registered party or the election of a particular candidate is guilty of an offence and liable on summary conviction to a fine not exceeding $25 000.
- Any person is guilty of an offence who, for the purpose of promoting or opposing a particular registered party or the election of a particular candidate, directly or indirectly:
- between the date of the issue of the writ and Sunday, the 29th day before polling day, the one day immediately preceding polling day or on polling day:
- advertises on the facilities of any broadcasting undertaking; or
- procures for publication or acquiesces in the publication of an advertisement in a periodical publication. [This disposition was ruled unconstitutional]
- Every person who incurs advertising expenses in excess of $1 000 between the date of the issue of the writ and the day immediately following polling day is guilty of an offence. [This disposition was ruled unconstitutional]
- No person must incur an advertising expense in combination with one or more other persons if the aggregate amount of the advertising expenses incurred exceeds $1 000.
Government advertising
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Newfoundland |
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Definition [E.A., s. 288(4)]
- Political advertisement means a matter promoting or opposing a registered party or the election of a candidate but does not include news stories, including interviews, commentaries or other works prepared for and published by a newspaper, magazine or other periodical publication if the publication of those works is not paid for by or on behalf of a political party or candidate.
Authorization [E.A., s. 288(2)]
- A natural person, corporation, trade union, registered party or candidate must not publish a political advertisement in a newspaper, magazine or other periodical publication or through the use of an outdoor advertising facility unless he or she or it furnishes to the publisher of the advertisement his or her or its identification, in writing, together with the identification in writing, of a natural person, corporation, trade union, registered party or candidate sponsoring the political advertisement.
Restrictions on advertising [E.A., s. 226.1(1)]
- A registered party or candidate, and a person, corporation or trade union acting with its or his or her knowledge and consent must not, after the issue of a writ for an election and before the day immediately following the polling day, except during the period of 21 days immediately preceding the day before polling day:
- advertise on the facilities of a broadcasting undertaking; or
- procure for publication, publish or consent to the publication of, except during that period, an advertisement in a newspaper, magazine or other periodical publication;
for the purpose of promoting or opposing a political party or the election of a candidate.
Government advertising
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Prince Edward Island |
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Definition [E.E.A., s. 13(6)]
- Political advertisement and political advertising means any matter promoting or opposing any registered party or the election of any registered candidate for which a fee is paid, but does not include any news reporting.
Authorization [E.E.A., s. 13(3), 13(5)]
- No person, corporation, trade union or registered party must cause any political advertisement to be broadcast on the facilities of any broadcasting undertaking or published in any newspaper, magazine or other periodical publication or through the use of any outdoor advertising facility unless he, she or it furnishes to the broadcaster or publisher of the political advertisement his, her or its identification in writing, together with the identification, in writing, of any person, corporation or trade union or registered party sponsoring the political advertisement.
- All political printed advertising, handbills, placards, posters and broadcast or telecast advertisements must bear or make reference to:
- the official agent and the registered party or registered candidate authorizing the political advertisement; or
- in the case of an advertisement done without the knowledge and consent of the registered party or registered candidate, the name of the person, corporation or the trade union authorizing the political advertising.
Restrictions on advertising [E.E.A., s. 17(1)]
- No registered party or registered candidate and no person, corporation or trade union acting with its, his or her knowledge and consent must, except during the election period:
- advertise on the facilities of any broadcasting undertaking; or
- procure for publication, cause to be published or consent to the publication of, an advertisement in a newspaper, magazine or other periodical publication or through the use of outdoor advertising facilities;
for the purpose of directly promoting the election of a registered candidate or opposing any other registered party or candidate.
Government advertising
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Nova Scotia |
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N/A
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New Brunswick |
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Definition
Authorization [P.P.F.A., s. 73(2)-(4)]
- Every advertisement relating to an election published in a newspaper, periodical or other publication and ordered by a chief agent or an official agent or a person authorized by a chief agent or official agent must bear the name of the registered political party or candidate on whose behalf it was ordered.
- Every broadcast of a sponsored radio or television advertisement relating to an election and ordered by a chief agent or official agent must mention the name of the registered political party or candidate on whose behalf it was ordered, at the beginning or the end of the broadcast.
- Every printed advertisement and every radio or television advertisement not ordered by a chief agent or an official agent or person authorized by a chief or official agent must bear the name and address of its printer and the name of the person who ordered its publication, or mention at the beginning or at the end of the broadcast the name of the person who ordered the broadcast, as the case may be.
Restrictions on advertising [E.A., s. 117(3)-(4)] [P.P.F.A., s. 50(1)-(2)]
- No person must, on the ordinary polling day or on the day immediately preceding it:
- broadcast over any radio or television station a speech, any entertainment, or any advertising program; or
- publish or cause to be published in any newspaper, magazine or similar publication, a speech, or any advertising; or
- transmit, convey or cause to be transmitted or conveyed by any means to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications, a speech, any entertainment, or any advertising;
in favour of or on behalf of any political party or any candidate. This does not prohibit a bona fide news broadcast or news publication referring to or commenting upon a speech or containing any excerpts from a speech.
- Any person who uses, aids, abets, counsels or procures the use of:
- any radio or television station;
- any newspaper, magazine or similar publication; or
- any means of transmitting or conveying communications to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications; outside New Brunswick on the ordinary polling day or on the day immediately preceding it for the broadcasting, publication, transmission or conveyance of any matter having reference to the election is guilty of an illegal practice.
- Expenditures other than election expenses incurred by registered political parties, registered district associations or registered independent candidates for advertising or broadcasting undertakings or in newspapers, periodicals or other printed matter must be limited so as not to exceed:
- in the case of registered political parties, $35 000 in each calendar year; and
- in the case of registered district associations, and registered independent candidates, $2 000 in each calendar year.
This does not include advertising that is limited to publicizing the date, place, time, scheduled program and organizers of a public meeting, and publicizing any corrections to such an advertisement.
Government advertising
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Quebec |
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Definition
Authorization [E.A., s. 421, 421.1]
- Where the cost of the writing, object, material, advertisement or publicity exceeds $300, the printer, manufacturer, owner or radio or television broadcaster may only mention or, indicate as the person having caused the writing, object, material, advertisement or publicity to be produced, published or broadcast, the name and title of the official agent or deputy official agent of a candidate or party.
- Every owner of a newspaper or other publication in which an advertisement is published must indicate the name and title of the official agent or deputy official agent, who caused it to be published.
- Every radio or television broadcaster who broadcasts an advertisement must indicate the name and title of the official agent or deputy official agent, at the beginning or at the end of the advertisement.
Restrictions on advertising [E.A., s. 413, 404(13), 429, 429.1]
- During an election period, only the official agent of a candidate or of an authorized party or his or her deputy may incur or authorize election expenses.
- Are not considered election expenses:
- the publicity expenses, the total of which does not exceed $300 for the entire election period, incurred by an authorized private intervenor in accordance with the expenses of private intervenors, without directly promoting or opposing a candidate or party, to publicize or obtain support for the intervenor's views on a matter of public interest or to advocate abstention or the spoiling of ballots.
- In the seven days following the day on which the order is issued, no person, except the Chief Electoral Officer, may broadcast or cause to be broadcast by a radio or television station or by a cable distribution enterprise, publish or cause to be published in a newspaper or other periodical, or post or cause to be posted in a space leased for that purpose, publicity relating to the election.
- On polling day no person, except the Chief Electoral Officer, may broadcast or cause to be broadcast by a radio or television station or by a cable distribution enterprise, or publish or cause to be published in a newspaper or other periodical, publicity relating to the election.
Government advertising
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Ontario |
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Definition
Authorization
Restrictions on advertising [E.F.A., s. 37(1)-(3)]
- Blackout period means the period that begins when the writ of election is issued and ends on the 22nd day before polling day, and polling day and the day before polling day.
- No political party, constituency association or candidate registered under the Act, and no person, corporation or trade union, whether acting with or without the party's, association's or candidate's assent, must arrange for or consent to political advertising that appears during a blackout period.
- No broadcaster or publisher must allow a political advertisement to appear during a blackout period.
Government advertising
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Manitoba |
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Definition
Authorization [E.F.A., s. 48(1), 48(3)-(4)]
- No candidate or registered political party, and no person acting on behalf of and with the knowledge and consent of a candidate or registered political party, must print, publish or distribute during an election period:
- an advertisement in a newspaper, magazine or other periodical publication; or on a billboard, bus or other property normally used for purposes of commercial advertising; or
- a poster, leaflet, letter, card or other promotional material;
- a sign or banner;
the purpose of which is to support or oppose, directly or indirectly, a candidate or registered political party in the election or print, publish or distribute any other campaign material intended for public distribution, unless the advertisement, promotional material, sign or banner or other campaign material is authorized in writing by the chief financial officer of the registered political party or the official agent of the candidate and has printed on it a statement of that authorization.
- No candidate or registered political party, and no person acting on behalf of and with the knowledge and consent of a candidate or registered political party during an election period, must:
- cause to appear on radio or television or any other electronic medium any advertisement the purpose of which is to support or oppose, directly or indirectly, a candidate or registered political party in the election; or
- cause to appear any other campaign material intended for public distribution;
unless the advertisement or other campaign material is authorized in writing by the chief financial officer of the registered political party or the official agent of the candidate and a statement of the authorization is announced or shown with it.
- When the candidacy period of a candidate begins before the appointment of the candidate's official agent, the candidate must provide the authorization in respect of any advertisement, promotional material, sign or banner or other campaign material intended for public distribution prepared before the appointment of the official agent.
Restrictions on advertising
Government advertising [E.F.A., s. 56(1)]
- No department of the government of Manitoba and no Crown agency must:
- during an election period for a general election, publish or advertise in any manner; or
- during an election period for a by-election in an electoral division, publish or advertise in any manner in the electoral division;
any information concerning the programs or activities of the department or Crown agency, except:
- in continuation of earlier publications or advertisements concerning ongoing programs of the department or Crown agency; or
- to solicit applications for employment with the department or Crown agency; or
- where the publication or advertisement is required by law; or
- where the publication or advertisement is deemed necessary by the Chief Electoral Officer for the administration of an election.
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Saskatchewan |
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Definition [E.A., s. 215(1)(a)]
- Advertisement means any of the following that refers to any election or promotes the candidacy of a particular person:
- a visual publication, display or representation consisting of images or text;
- any audio publication or representation;
- any advertisement, hand bill, placard, poster, circular, circular letter pamphlet;
- any electronic or digital display;
- any radio or television broadcast that refers to any election or promotes the candidacy of a particular person.
Authorization [E.A., s. 215(2)(b)]
- No person must distribute or cause to be distributed any advertisement unless there is included in, or unless there appears on the face of, the advertisement the name and address of the person who authorized it to be produced, published or distributed.
Restrictions on advertising [E.A., s. 243(4)-(5)]
- The adjusted amount of $195 407 is the maximum total advertising expenses that may be incurred during a fiscal year by a registered political party, including advertising expenses incurred by the following persons or groups using funds provided directly or indirectly by the registered political party:
- a constituency organization of the registered political party;
- a candidate endorsed by the registered political party;
- a member of the Legislative Assembly who is a member of the registered political party.
- Advertising expenses means expenses for advertising in any newspaper or magazine published in Saskatchewan or for acquiring the right to use time on the facilities of any broadcasting undertaking.
Government advertising [E.A., s. 277(1)-(7)]
- During a general election, no Government department, defined as any department, board, commission, Crown corporation or agency of the Government of Saskatchewan, must publish in any manner any information with respect to the activities of the department.
- During a by-election, no Government department must publish in any manner in the constituency any information with respect to the activities of the department.
- During a by-election in a constituency that includes, in whole or in part, an urban municipality having a population exceeding 20 000 inhabitants, no Government department must publish in any manner in the urban municipality any information with respect to the activities of the department.
- The above do not apply to information that, because of an emergency, is required to be published in the public interest; or advertising by a Crown corporation that was contracted prior to the issue of a writ and is related to the Crown corporation's competitive business interests.
- Every person in Saskatchewan in charge of a broadcasting undertaking in Saskatchewan or an undertaking that publishes a newspaper, magazine or periodical in Saskatchewan must file with the Chief Electoral Officer a solemn declaration, within two months of polling day for the election, setting out: whether or not any information has been published or broadcast by the undertaking of which the person is in charge; and if any information has been published or broadcast, the name of the Government department that requested the publication and the details of the publication.
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Alberta |
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Definition
Authorization [E.A., s. 133(1)]
- Every printed advertisement, handbill, placard or poster having a reference to any election must include on its front in legible form the name and address of the sponsor.
Restrictions on advertising
Government advertising
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British Columbia |
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Definition [E.A., s. 228]
- Election advertising means advertising used during a campaign period to promote or oppose, directly or indirectly, the election of a candidate, or to promote or oppose, directly or indirectly, a registered political party.
Authorization [E.A., s. 230-231, 233(2)]
- An individual or organization must not sponsor election advertising with the property of any other individual or organization or indirectly through any other individual or organization.
- An individual or organization must not sponsor or conduct any election advertising unless the advertising:
- identifies the name of the sponsor or, in the case of a candidate, the name of the financial agent;
- if applicable, indicates that the sponsor is a registered sponsor under the Act;
- indicates that it was authorized by the identified sponsor or financial agent; and
- gives a telephone number or mailing address at which the sponsor or financial agent may be contacted regarding the advertising.
- An individual or organization must not sponsor or agree to sponsor election advertising that is or is to be conducted on general voting day by publishing it in a newspaper or magazine or on radio or television, whether the publication is done within British Columbia or outside British Columbia.
Restrictions on advertising [E.A., s. 233(1), 236(1)-(2)]
- On general voting day, an individual or organization must not conduct election advertising by publishing it in a newspaper or magazine or on radio or television.
- A candidate, registered political party or registered constituency association may sponsor election advertising as an election expense, subject to the applicable election expenses limit.
- An individual or organization must not sponsor election advertising during a campaign period: such that the total value of that election advertising is greater than $5 000 or a higher amount established by regulation; or in combination with one or more individuals or organizations, or both, such that the total value of the election advertising sponsored by those individuals and organizations during that period is greater than $5 000 or a higher amount established by regulation.
Government advertising
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Northwest Territories |
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Definition
Authorization [E.A., s. 174(2)]
- A person who causes an advertisement to be published must provide the publisher of the advertisement with the identification, in writing, of the person who is sponsoring the advertisement.
Restrictions on advertising [E.A., s. 224]
- Every person who broadcasts a speech or any entertainment or advertising program on polling day or on the day immediately before polling day in favour of or on behalf of a candidate or against a candidate at an election, is guilty of an offence and liable on summary conviction to a fine not exceeding $5 000.
Government advertising
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Yukon |
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Definition
Authorization [E.A., s. 349(1)]
- Every printed advertisement, poster or banner having reference to an election must include the name and address of its sponsor.
Restrictions on advertising
Government advertising
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Nunavut |
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Definition
Authorization [E.A., s. 174(2)]
- A person who causes an advertisement to be published must provide the publisher of the advertisement with the identification, in writing, of the person who is sponsoring the advertisement.
Restrictions on advertising [E.A., s. 224]
- Every person who broadcasts a speech or any entertainment or advertising program on polling day or on the day immediately before polling day in favour of or on behalf of a candidate or against a candidate at an election, is guilty of an offence and liable on summary conviction to a fine not exceeding $5 000.
Government advertising
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