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Broadcasting Guidelines

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Seal of the Broadcast Arbitrator

Federal general election September 20, 2021

Issued August 17, 2021

the broadcasting arbitrator

99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4

Tel: 613-783-9698
email monica.song@dentons.com

Ottawa, August 17, 2021


Introduction

  1. The following guidelines have been issued in conformity with section 346 of the Canada Elections Act, S.C. 2000, c. 9.
  2. These guidelines are intended to clarify the responsibilities of broadcasters in allocating time to federal political parties for partisan political broadcasts in the period beginning with the issue of the writs on August 15, 2021 and ending at midnight on the day before polling day, September 20, 2021, namely August 15 2021 to midnight of September 19, 2021.
  3. A copy of these guidelines can be found on the Elections Canada Web site at www.elections.ca.
  4. These guidelines deal only in passing with broadcasting time made available to candidates and with other kinds of political broadcasting. Those matters generally fall within the authority of the Canadian Radio-television and Telecommunications Commission (CRTC), as are questions about the political broadcasting requirements of the Broadcasting Act and regulations. A copy of the CRTC guidelines regarding the federal election can be found on the CRTC's Web site at www.crtc.gc.ca.
  5. The Broadcasting Arbitrator is Ms. Y. Monica Song. She can be reached by telephone at the numbers listed above or by e-mail at monica.song@dentons.com.

Part 1
Allocation of and Entitlement to Broadcasting Time

Question 1. What is the obligation of broadcasters with regard to offering time for sale to political parties?

  1. Sections 335, 339 and 343 of the Canada Elections Act, taken in combination, require that each broadcaster must make available, for purchase by registered and new political parties, 390 minutes of broadcasting time, during prime time, in an election period.
  2. The period within which political parties have a right to purchase such time ends at midnight on Sunday, September 19, 2021. If the broadcaster is affiliated with a network, the 390-minute obligation is shared in accordance with the agreement between the broadcaster and its network.

Question 2. Does this obligation apply to discretionary programming services as well as to radio and television stations?

  1. This obligation applies not only to AM and FM radio stations and to television stations, but also to discretionary television services licensed by the CRTC and carried by cable, satellite and IPTV systems.
  2. Prior to September 1, 2017, the obligation did not apply to pay television services, but on that day, the CRTC lifted the prohibition against commercial advertising that had previously applied to those services.

Question 3. Does this obligation apply to broadcasting services offered through mobile devices or over the Internet?

  1. No. The term "broadcaster" is defined in the Canada Elections Act to mean "a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking."
  2. The CRTC has exempted broadcasting undertakings from the requirement to obtain a licence when their broadcasting services are
    1. delivered and accessed over the Internet or
    2. delivered using point-to-point technology and received by way of mobile devices.
  3. Broadcasting undertakings that are exempted from the requirement to obtain a licence under the Broadcasting Act are not obliged to make time available for purchase by political parties, although they are free to do so.

Question 4. Does this obligation apply to the community channels offered by cable television systems?

  1. No. The obligation applies only to programming undertakings, not to distribution undertakings, which include cable television systems.

Question 5. What is "prime time" for the purposes of the Canada Elections Act?

  1. "Prime time" is defined in section 319 of the Canada Elections Act as:

    Radio:
    6:00 a.m. to 9:00 a.m.
    Noon to 2:00 p.m.
    4:00 p.m. to 7:00 p.m.

    Television:
    6:00 p.m. to midnight

Question 6. What rules apply to a broadcaster that serves more than one time zone?

  1. Almost all of the discretionary television services and some of the conventional radio and television networks serve more than one time zone. In such cases, prime time should be interpreted as extending from 6:00 p.m. (local time) in the easternmost locality served to midnight (local time) in the westernmost locality served.

Question 7. How are the 390 minutes to be allocated by each broadcaster among the parties?

  1. By virtue of the current order issued by the Broadcasting Arbitrator on July 12, 2021 and the operation of section 339 of the Canada Elections Act, the 390 minutes to be made available by each broadcaster that is subject thereto have been allocated as follows:

    Table 1. Curent Allocation of Paid Broadcasting Time the Broadcasting Arbitrator
    Political Party Number of Minutes: Seconds
    1. Liberal Party of Canada 78:00
    2. Conservative Party of Canada 70:30
    3. New Democratic Party 33:30
    4. Bloc Québécois 24:00
    5. Green Party of Canada 21:30
    6. People's Party of Canada 16:30
    7. Christian Heritage Party of Canada 10:30
    8. Parti Rhinocéros Party 10:00
    9. Libertarian Party of Canada 10:00
    10. Veterans Coalition Party of Canada 10:00
    11. Animal Protection Party of Canada 10:00
    12. Marxist-Leninist Party of Canada 10:30
    13. Communist Party of Canada 10:00
    14. Parti pour l'Indépendance du Québec 9:30
    15. Marijuana Party 9:30
    16. Canada's Fourth Front 9:30
    17. National Citizens Alliance of Canada 9:30
    18. Canadian Nationalist Party 9:30
    19. Free Party Canada 9:30
    20. Parti Patriote 6:00
    21. Maverick Party 6:00
    22. Centrist Party of Canada 6:00
    Total 390:00

Question 8. Can a party lose its allocation?

  1. Yes. If any of the parties listed above fails to nominate at least one candidate by the close of nominations on August 30, 2021, their paid time allocation lapses and will not be reallocated. Similarly, if all of the party's candidates fail to be confirmed and do not appear on the list of confirmed candidates published on September 1, 2021, their time allocation lapses on that date and will not be reallocated.

Question 9. Are there any limits on how much a broadcaster can charge a party or a candidate for the purchase of time?

  1. Yes. By virtue of paragraph 348(a) of the Canada Elections Act, the rates a broadcaster may charge a political party, a candidate or any person acting on their behalf must not exceed the lowest rates charged for equal amounts of equivalent time made available to any other persons at any time within the same advertising period.

Question 10. What happens if a party wants to buy time in a particular program, but the broadcaster says that it is already sold out in that time period?

  1. Provided the party has followed the notice requirements set out below, the broadcaster may be forced to pre-empt other advertisers to accommodate the party's needs.

Question 11. What happens if a party wants to buy time from a station or network that is in excess of its entitlement, as listed above?

  1. The above allocation of time does not operate as a "cap" on the time that a party can purchase. In fact, there are a number of situations in which a broadcaster may choose to sell time to a party that would be outside the allocation entitlement. For example:
    1. the broadcaster can choose to sell time over and above a party's entitlement;
    2. the broadcaster can choose to sell time to a party in the first week of the election before the end of the five-day notice period that applies to the purchase of allocated time (see Question 19);
    3. the broadcaster can choose to sell time to a party outside prime time (see Question 5).
  2. In each of these cases, the time falls outside the allocation entitlement, and it is at the discretion of the broadcaster whether to sell such time to the party. If sold to the party, such time does not count against a party's allocation entitlement, and a party is free to buy such time provided it stays within its overall election spending limits.

Question 12. Can a broadcaster sell extra time to one party but refuse to sell it to another?

  1. No. In the situations listed above, it is at the discretion of the broadcaster whether to sell such time to a party. However, it cannot sell extra time to one party and refuse to sell it to other parties, if asked. In this case, the requirement in the broadcasting regulations that broadcasters allocate time to the parties "on an equitable basis" applies, and a broadcaster cannot discriminate in favour of one party over another.

Question 13. Does the allocation above apply to time purchased by individual candidates or groups of candidates?

  1. No. The 390 minutes allocated under the Canada Elections Act apply to political parties only. Time purchased by a candidate for his or her own use is not affected by Parts 1, 2 or 3 of these guidelines, and does not form part of the allocated time.

Question 14. Can a political party purchase time on an American radio or television station?

  1. No. Section 330 of the Canada Elections Act prohibits placing political ads on any broadcasting station outside Canada.

Part 2
Procedure for Booking Broadcasting Time

Question 15. Who can purchase broadcast time for political parties?

  1. The allocated broadcasting time may only be purchased by the parties listed in Table 2 below, and only through their chief agent or other persons whom they have designated and whose names they have given to Elections Canada.

Question 16. Who are the parties' authorized agents?

  1. The parties' chief agents, or their authorized agents for the purchase of broadcasting time, as given to Elections Canada, are listed in Table 2.
Table 2. Authorized Agents for Booking of Broadcasting Time
Party Contact Address Phone Email
Animal Protection Party of Canada Stephen D. Best
Bloc Québécois Josée Beaudin

Sylvain Gauthier
Canada's Fourth Front Claudette Ricketts
Canadian Nationalist Party Canadian Nationalist Party Inc.

Travis M. Patron
Centrist Party of Canada Dr Khalid M. Rao
Christian Heritage Party of Canada Peter Vogel
Rod Taylor
Vicki Gunn
Communist Party of Canada Dan Goldstick
Conservative Party of Canada James Dodds
Free Party Canada Roch Larochelle
Michel Leclerc
Marie Josée Denis
Green Party of Canada Ugis Zvilna,
Clear Media Group Inc.
Liberal Party of Canada Heather Dalton,
M5 Marketing Communications
Libertarian Party of Canada Larson P. Hogberg
Marijuana Party John Akpata
Marxist-Leninist Party of Canada Manuel Couto
Maverick Party Jerry Kovacs
National Citizens Alliance of Canada Adrien J. Bordage
New Democratic Party NOW Communications Group Inc.
Michele Della Mattia
Heather Fraser
Ellaine Quiambao
Parti Patriote Donald Proulx
Parti pour l'Indépendance du Québec Louise Belleau
People's Party of Canada Daniel Tyrie
Parti Rhinocéros Party Amélie Hébert
Veterans Coalition Party of Canada Iris L. Harris

Question 17. What is the deadline for the parties to give notice to broadcasters of their purchase preferences?

  1. No later than ten days after the issue of the writs, i.e. no later than August 25, 2021, and subject to the five-day rule described in the response to Question 19, each political party must submit a notice in writing to each broadcaster and each network from which it intends to purchase time. The notice sets out the proportion of commercial time and program time the party prefers as well as the days and hours when that time, so proportioned, is to be made available.

Question 18. What is meant by "commercial time" and "program time"?

  1. Subsection 344(1) of the Canada Elections Act defines "commercial time" as periods of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements, or station or network identification. The same subsection defines "program time" as periods longer than two minutes during which the above types of messages are not normally presented.
  2. The distinction between commercial time and program time arose in the past because the CRTC considered political messages of two minutes or less to count as commercials for the purpose of its limitation of commercial time on radio and television stations. Messages longer than two minutes did not count as commercials.
  3. In 2009, the CRTC removed all restrictions on advertising time limits for conventional television broadcasters. Thus, the distinction between commercial time and program time is no longer relevant for CRTC purposes.
  4. However, subsection 344(2) of the Canada Elections Act still requires that the notice sent to each broadcaster and each network set out the proportion of commercial time and program time the party prefers.

Question 19. What is the five-day rule, and how does it apply?

  1. Under subsection 344(2) of the Canada Elections Act, a party cannot obtain the broadcasting time that is allocated to it "before the fifth day after the notice is received by the broadcaster or network operator." This means that if a party wants to purchase broadcast time for August 21, 2021 as a matter of entitlement, it must ensure that the station or network receives its notice at least five days before that date, i.e. on August 15, 2021, the date on which the writs were issued.
  2. Thus, even if a party sends its notice to broadcasters within ten days of the issuance of the writs, as required by subsection 344(2), it will have lost its entitlement to purchase time in the period up to August 30, 2021, unless its notice to the broadcaster was received by that broadcaster at least five (5) days in advance of the dates for which the time was requested.
  3. These notice provisions apply only to the party's entitlement to allocated time. A party can always buy time without regard to these notice periods (e.g. before the end of the five-day notice period) if the broadcaster agrees, as discussed above in Question 11. However, the sale of such broadcasting time cannot be compelled.

Question 20. Can a party send more than one notice to a broadcaster, stating its time preference?

  1. The best approach is to send a single notice to the broadcaster that indicates all the party's time preferences for the entire election campaign. However, if the party seeks advertising time at the beginning of the campaign, the only way to observe the five-day rule is to ensure that the broadcaster receives the notice five (5) days before the date requested for the broadcast of the first ad.
  2. The Canada Elections Act does not preclude a party from sending two or more notices. For example, a party might proceed as follows:
    1. the party could send a notice to be received on August 17, 2021, i.e. within two days of the date the writs were issued, seeking to purchase time in the period from August 22 to August 29, 2021; the notice would fully comply with the five-day rule for this time;
    2. the party could then send a second notice in which it indicated its time preferences for the period from August 30 to September 19, 2021. As long as that second notice was sent on or before August 25, 2021, and received by the broadcasters no later than five (5) days before the date of the contemplated broadcast, the party would comply with the Act.

Question 21. What does a broadcaster do when it receives a notice from a party, stating its time preferences?

  1. Every broadcaster or network operator must, within two (2) days of receiving such a notice, consult with representatives of that party to reach an agreement on its requests. As noted earlier, to satisfy the requirements of the political parties, the broadcaster may have to pre-empt other advertisers.
  2. A network-affiliated station should be prepared to accommodate an initial request from a party for an amount of station-controlled time that, together with the time requested from the network, exceeds that party's total allocation on the station. This is to ensure that the party can ultimately achieve its total allocation on the station if the network cannot fully accommodate its requirements.

Question 22. What happens if there is no agreement?

  1. If no agreement can be reached within two days, the matter is referred to the Broadcasting Arbitrator, who must decide on the requests immediately and notify the parties and the broadcaster. By virtue of subsection 344(6) of the Canada Elections Act, the decision of the Broadcasting Arbitrator is final and binding on the party and the broadcaster.

Question 23. What does the Broadcasting Arbitrator take into consideration when making his decision?

  1. In making her decision, the Broadcasting Arbitrator must take into account the following principles set out in subsection 344(5) of the Canada Elections Act:
    1. that each party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned should be made available; and
    2. that any broadcasting time to be made available to a party should be made available fairly throughout prime time.

Question 24. How is the time actually booked?

  1. Once the broadcasting time periods to be made available to the political parties have been established, normal commercial practices, including five (5) days' notice, should apply to the actual booking of time within those time periods. When networks are involved, network time should be booked first, and as early as possible, so that stations affiliated with networks can then more effectively respond to requests for the remaining amounts of station time.
  2. When purchasing time for the second week of the election period, the timelines described above must be abbreviated. If possible, when parties send their notices of time preferences, they should indicate that they wish to book time in that week. This will give as much notice to the broadcaster as possible.

Question 25. How long should broadcasters hold time open for booking?

  1. Network and station operators should hold available time periods open for booking by the political parties up to September 14, 2019. After this date, they may substitute other equivalent broadcasting periods for those originally established.

Part 3
Network Free Time

Question 26. Do broadcasters have an obligation to provide free time to the political parties?

  1. Pursuant to section 345 of the Canada Elections Act, every network operator is required to make available free broadcasting time in the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day at that election to registered parties and eligible parties.
  2. Yes. This obligation applies only to certain networks, not to all broadcasters. This is in addition to the allocation of paid time, which is addressed in Part 2 above.

Question 27. Which networks are required to provide free time?

  1. The following radio and television networks are required to allocate free broadcasting time as set out below to political parties during the election period:

    Radio Minutes
    CBC Radio One 120
    SRC Première Chaîne 120
    Television Minutes
    CBC-TV (English) 214
    SRC-TV (French) 214
    TVA 62
    NOOVO (V Télé) 62

    Question 28. Who is the contact person for parties within each of the networks in regards to their free time entitlement?

    1. The names and coordinates of the contact people for networks that are subject to the statutory obligation to provide free broadcasting time to political parties during the election period are as follows:
      1. CBC TV and CBC Radio One (English)
        Laura McIsaac
        (416) 205-2028
        Laura.mcisaac@cbc.ca
        Bob Campbell
        (416) 205-6286
        bob.campbell@cbc.ca
      2. SRC-TV (French)
        Josée Garneau
        (514) 597-4170
        josee.garneau@radio-canada.ca
      3. SRC Première Chaîne (French)
        Noémie-Andréa Botbol
        (514) 839-2976
        noemie-andrea.botbol@radio-canada.ca
      4. TVA
        Myriane Brault
        (514) 526-9251 poste 3031
        myriane.brault@tva.ca
      5. NOOVO
        Alexandre Lauzon
        (514) 939-5001 # 3131
        alexandre.lauzon@bellmedia.ca

    Question 29. How is the network free time allocated?

    1. The network free time is allocated among political parties in proportion to their respective paid time allocation as set out in Table 3 below.


    Table 3. Allocation of Free Time
    Political Party CBC-TV

    min:sec    		 SRC-TV

    min:sec    		 CBC Radio One

    min:sec    		 SRC Première chaîne

    min:sec    		 TVA

    min:sec    		 NOOVO

    min:sec
    1. Liberal Party of Canada 40:30 40:30 22:30 22:30 11:30 11:30
    2. Conservative Party of Canada 36:30 36:30 20:30 20:30 10:30 10:30
    3. New Democratic Party 17:30 17:30 9:30 9:30 5:00 5:00
    4. Bloc Québécois 12:30 12:30 7:00 7:00 3:30 3:30
    5. Green Party of Canada 11:00 11:00 6:00 6:00 3:00 3:00
    6. People's Party of Canada 8:30 8:30 5:00 5:00 2:30 2:30
    7. Christian Heritage Party of Canada 5:30 5:30 3:00 3:00 1:30 1:30
    8. Parti Rhinocéros Party 5:00 5:00 3:00 3:00 1:30 1:30
    9. Libertarian Party of Canada 5:00 5:00 3:00 3:00 1:30 1:30
    10. Veterans Coalition Party of Canada 5:00 5:00 3:00 3:00 1:30 1:30
    11. Animal Protection Party of Canada 5:00 5:00 3:00 3:00 1:30 1:30
    12. Marxist-Leninist Party of Canada 5:30 5:30 3:00 3:00 1:30 1:30
    13. Communist Party of Canada 5:00 5:00 3:00 3:00 1:30 1:30
    14. Parti pour l'Indépendance du Québec 5:00 5:00 3:00 3:00 1:30 1:30
    15. Marijuana Party 5:00 5:00 3:00 3:00 1:30 1:30
    16. Canada's Fourth Front 5:00 5:00 3:00 3:00 1:30 1:30
    17. National Citizens Alliance of Canada 5:00 5:00 3:00 3:00 1:30 1:30
    18. Canadian Nationalist Party 5:00 5:00 3:00 3:00 1:50 1:50
    19. Free Party Canada 5:00 5:00 3:00 3:00 1:30 1:30
    20. Parti Patriote 3:00 3:00 1:30 1:30 1:00 1:00
    21. Maverick Party 3:00 3:00 1:30 1:30 1:00 1:00
    22. Centrist Party of Canada 3:00 3:00 1:30 1:30 1:00 1:00
    TOTAL 201:30 201:30 114:00 114:00 58:30 58:30

    Question 30. How is the free time to be made available?

    1. Broadcasting free time must be made available, at no cost to the political parties, to broadcast political announcements and other programming produced by them or on their behalf. The scheduling of free-time programming will likely vary from one network to another. There is no requirement that the free time be made available during prime time.

    Question 31. Can the free-time entitlement be lost?

    1. Yes. If any of the parties listed above fails to nominate at least one candidate by the close of nominations on August 30, 2021, their free-time allocation lapses and will not be reallocated.
    2. Similarly, if all of the party's candidates fail to be confirmed and do not appear on the list of confirmed candidates published on September 1, 2021, their free-time allocation lapses on that date and will not be reallocated.

    Part 4
    Content and Identification of Paid and Free-Time Messages

    Question 32. On what grounds can a broadcaster decline to carry a paid or free-time political message submitted by a party?

    1. Prior to the election period, broadcasters can decline to run a political ad on any grounds, provided they treat all parties on an equitable basis. However, during the election period, they are not entitled to decline a political ad unless the broadcast would contravene their license conditions or regulations under the Broadcasting Act.
    2. The paid and free-time obligations of broadcasters and network operators are subject to the applicable regulations under the Broadcasting Act and to the conditions of the broadcasters' licences. This means that a broadcaster is entitled to refuse to broadcast a paid or free-time political message provided by a political party if:
      1. the announcement is not in the language for which that broadcaster was licensed;
      2. the announcement contains any obscene or profane language or pictorial representation;
      3. the announcement contains any abusive comment or abusive pictorial representation that when taken in context, tends to or is likely to expose an individual, or a group or class of individuals, to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age, or mental or physical disability, or
      4. the broadcast of the announcement would otherwise be in contravention of the law.
    3. Certain disputes concerning the content of a political ad during the election period that the parties are unable to resolve to their mutual satisfaction may need to be submitted for resolution to a court or tribunal of competent jurisdiction.

    Question 33. How much time should a broadcaster be given to review the political message?

    1. The actual ad should be sent to the broadcaster for review as soon as possible, but certainly no less than 48 hours before the time of the scheduled broadcast.

    Question 34. Can a broadcaster "censor" a political ad?

    1. Unless the political ad contravenes the regulations or the licence conditions, as noted above, a broadcaster is not entitled to censor the ad.

    Question 35. Do political messages have to identify the party that placed the message?

    1. Yes. Under section 320 of the Canada Elections Act, all election advertising conducted by a party, or by another entity on its behalf, must be authorized by the chief agent or another registered agent of the party. This authorization must be mentioned in or on all messages (including paid and free-time messages) — for example, "Authorized by the registered agent of the XYZ Party of Canada."

    Part 5
    Other Matters

    Question 36. Is there a blackout period during which no political advertising is permitted to be aired?

    1. Yes. By virtue of section 323 of the Canada Elections Act, election advertising cannot be aired after midnight on Sunday, September 19, 2021. This means that no political advertising can be broadcast Monday, September 20, 2021, polling day.

    Question 37. Does the blackout period apply to messages posted on the Internet before polling day and that are still on a Web site on polling day?

    1. No. Section 324 of the Canada Elections Act provides that the blackout provisions do not apply to messages that were transmitted on the Internet before the blackout period and were not changed during the blackout period.

    Question 38. When can election results first be reported?

    1. Prior to 2014, section 329 of the Canada Elections Act stipulated that no person could transmit the result or purported result of the vote in any electoral district of Canada to the public in another electoral district before the close of polls in that other electoral district. However, this section was repealed in 2014 and there is no longer any restriction on when election results can be reported.

    Question 39. At what time do local polls close on polling day?

    1. The hours of polling for each electoral district vary depending on the time zone in which the electoral district is located:
      1. Newfoundland, Atlantic, Central Time (other than Saskatchewan)
        8:30 a.m. to 8:30 p.m.
      2. Eastern Time
        9:30 a.m. to 9:30 p.m.
      3. Saskatchewan Time
        7:30 a.m. to 7:30 p.m.
      4. Mountain Time
        7:30 a.m. to 7:30 p.m.
      5. Pacific Time
        7:00 a.m. to 7:00 p.m.

    Question 40. Are there any restrictions on the broadcasting of opinion surveys during the election period?

    1. Yes. Under section 326 of the Canada Elections Act, the first person who transmits the results of an election survey – other than a survey that is not based on recognized statistical methods – to the public during an election period, and any person who transmits them within 24 hours after they are first transmitted to the public, must also provide certain information about the survey.
    2. In particular, if that person is a broadcaster, the following information must be provided:
      1. the name of the sponsor of the survey;
      2. the name of the person or organization that conducted the survey;
      3. the date on which or the period during which the survey was conducted;
      4. the population from which the sample of respondents was drawn;
      5. the number of people who were contacted to participate in the survey;
      6. if applicable, the margin of error for the data; and
      7. the address of the Internet site on which the report on the results of the survey is published.
    3. If the person publishing the opinion survey is not a broadcaster, that person must also provide the wording of the survey questions. Subsection 326(3) of the Canada Elections Act now requires the sponsor of an election survey to ensure that a report on the results of the survey is published and remains on an Internet site that is available to the public for the remainder of the election period.
    4. Lastly, subsection 326(2.1) requires that the first person who transmits the results of an election survey to the public, if that person is not the sponsor of the survey, must ensure that the sponsor of the survey has been notified, before the transmission, of the date on which the results are to be transmitted.
    5. If the survey is not based on recognized statistical methods, the above guideline does not apply. Instead, the first person who transmits the results to the public during an election 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.

    Question 41. What is the situation when the media receives election survey results without any knowledge of the methodology used?

    1. The Canada Elections Act does not specifically address this situation. However, it would be in keeping with the objectives of the statute that if the media chooses to report the results, it should indicate that it does not know the methodology used for the survey.

    Question 42. Are there any restrictions on the broadcasting of opinion surveys on polling day?

    1. Yes. Subsection 328(2) of the Act states that "[n]o 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 an election survey that have not previously been transmitted to the public."

    Question 43. Are there any restrictions on advertising placed by persons other than candidates or political parties?

    1. Yes. Part 17 of the Canada Elections Act governs third-party advertising, partisan activities and election surveys. Any third party that spends $500 or more on election advertising is required to register with Elections Canada.
    2. Broadcasters are free to accept and run third-party election advertising during an election. They have no obligation to do so, but if they choose to, they should ensure that such ads identify the third party. Section 352 of the Canada Elections Act states that a third party "shall include — in a manner that is clearly visible or otherwise accessible — in any election advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission."

    Question 44. Are there new requirements for political advertising on online platforms during a federal election?

    1. Yes. Starting with the 2019 general election, certain owners and operators of an online platform are required to maintain and publish a registry of election advertising messages from political entities and third parties that appeared on their platform during an election period.
    2. Regulated platforms include internet sites or applications that, directly or indirectly, sell advertising and that were visited or used in Canada on average per month:
      1. at least 3,000,000 times if content mainly in English
      2. at least 1,000,000 times if content mainly in French
      3. at least 100,000 times if content mainly in a non-official language.
    3. Covered owners and operators must include in the registry an electronic copy of the message and the name of the person who authorized its publication on the first day that the message is displayed. In the case of a political party, it is the name of the registered agent that should be added into the registry. The electronic copy of the message and the name of the person must be kept in the registry for a period of two years following the end of the election period.
    4. Political parties also have obligations under this new regime. Political parties that buy advertising space on regulated online platforms must provide all the information needed for the owner or operator to comply with the registry requirements.
    5. The new registry requirements only apply to internet advertising. They are not applicable to television or radio advertising.

    Question 45. Does the Broadcasting Arbitrator have any role in regard to leaders' debates?

    1. No. The applicability of the broadcasting regulations to leaders' debates is governed by a CRTC policy set out in Public Notice CRTC 1995-44 dated March 15, 1995.
    2. The Leaders' Debates Commission is a newly formed, independent entity, with a mandate to organize two leaders debates in the next federal election: one in French and one in English. More information about the Commission can be found on their website: Leaders' Debates Commission (debates-debats.ca).

    Original signed by
    Y. Monica Song

    The Broadcasting Arbitrator