Allocation of paid broadcasting time

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Allocation of free broadcasting time [R.A., s. 21(1), 22(1)-(3), 25(5), 26(2)]

• In the period beginning on Thursday, the 18th day before polling day, and ending on the 2nd day before polling day, every network operator:

  • that reaches the majority of those Canadians whose mother tongue is the same as that in which the network broadcasts;

  • that is licensed with respect to more than a particular series of programs or type of programming; and

  • that does not involve any distribution undertaking within the meaning of the Broadcasting Act;

  must make available, at no cost, to registered referendum committees for the transmission of referendum announcements and other programming produced by or on behalf of those committees an aggregate of three hours of broadcasting time during prime time.

• The Broadcasting Arbitrator must, before Sunday, the 22nd day before polling day, allocate the broadcasting time to be made available among the registered referendum committees that are entitled to be considered for the allocation, in such manner that the time is allocated equally to committees that support the referendum question and committees that oppose it.

• A registered referendum committee is entitled to be considered for the allocation of broadcasting time if it: applied for registration before Tuesday, the 27th day before polling day; indicated in the application that it wishes to be considered for the allocation, on which network it wishes the time to be made available to it and whether it supports or opposes the referendum question; and paid a deposit of $500 in legal tender or a certified cheque made payable to the Receiver General.

• The Broadcasting Arbitrator must allocate broadcasting time in a manner that is fair to all the registered referendum committees entitled to be considered for the allocation and that is not contrary to the public interest, and, in considering the allocation of broadcasting time to a particular registered referendum committee, the Broadcasting Arbitrator must consider whether:

  • the committee represents a significant regional or national interest;

  • allocation to the committee would be equitable having regard to the different views expressed on the referendum question; and

  • the referendum announcements and other programming proposed by the committee would be directly related to the referendum question.

• Each registered referendum committee to which free broadcasting time is allocated must, not later than Tuesday, the 20th day before polling day, send to each network operator that is to provide the time a notice in writing of the days and hours when the committee wishes the time to be made available to it.

• Within two days after receiving the notice, the network operator must consult with the registered referendum committee that sent the notice for the purpose of reaching an agreement on the days and hours when the broadcasting time is to be made available to the committee.

• Where no agreement is reached, the matter must be referred to the Broadcasting Arbitrator who must forthwith decide the days and hours when broadcasting time is to be made available to the registered referendum committee.

• In making such a decision, the Broadcasting Arbitrator must take into account the following principles:

  • that each registered referendum committee should, as far as possible, have the freedom and flexibility to determine the actual broadcasting time it wishes to be made available to it; and

  • that any broadcasting time to be made available to any registered referendum committee should be made available fairly throughout prime time.

• A decision by the Broadcasting Arbitrator is final and binding on the registered referendum committee and on the network operator.

• The Broadcasting Arbitrator must, not later than five days after the issue of the writs of referendum, issue to all network operators: guidelines covering the allocation of free broadcasting time, the procedures for booking free broadcasting time by registered referendum committees, and such other matters as may be pertinent to the conduct of network operators; and the guidelines sent to the Broadcasting Arbitrator by the CRTC.

Blackout period [R.A., s. 27(1)]

• No person must, for the purpose of supporting or opposing a referendum question, advertise on the facilities of any broadcasting undertaking or publish an advertisement in a periodical publication on polling day, or the day preceding polling day.

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Allocation of paid broadcasting time

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Allocation of free broadcasting time

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Blackout period [Special Version of E.A., s. 429, 429.1]

• 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 referendum.

• 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 referendum.

Allocation of paid broadcasting time

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Allocation of free broadcasting time

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Blackout period [T.P.A., s. 15]

• The blackout period refers to:

  • the period that begins when the writ of referendum is issued and ends on the 22nd day before the day on which the referendum is held; and

  • the day on which the referendum is held and the preceding day.

• No person or entity must arrange for or consent to campaign advertising that appears during the blackout period.

• No broadcaster or publisher must allow campaign advertising to appear during the blackout period.

• The above does not prohibit the following:

  • the publication of campaign advertising on the day on which the referendum is held or the preceding day in a newspaper that is published once a week or less often and whose regular day of publication falls on that day;

  • a campaign advertisement on the Internet or in a similar electronic medium, if it is posted before and not altered during the blackout period;

  • a campaign advertisement in the form of a poster or billboard, if it is posted before and not altered during the blackout period.

• Campaign advertising may appear during the blackout period in the following activities if they are done in accordance with the guidelines of the Chief Election Officer:

• advertising public meetings;

• announcing the location of a registered campaign organizer's headquarters;

• advertising for volunteer campaign workers;

• announcing services to be provided by a registered campaign organizer in connection with enumeration and the revision of lists of voters;

• announcing services to be provided by a registered campaign organizer on the day the referendum is held.
  

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