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2020 Allocation of Paid Time

Seal of the Broadcast Arbitrator

The Broadcasting Arbitrator

99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4

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


Reasons for Decision

  1. I was appointed the Broadcasting Arbitrator on July 22, 2020, replacing Mr. Peter Grant, who previously served in the role since 1992.

Meeting of Registered Parties

  1. In accordance with section 336(1) of the Canada Elections Act (the "Act"), a meeting of the registered parties was convened on November 9, 2020.   The meeting also constituted the annual meeting required to be held under section 343 of the Act to review the allocation and entitlement to paid broadcasting time under sections 337, 338 and 339.
  2. In this year of the coronavirus pandemic, the meeting was held via videoconference and was attended by representatives of 12 of the 21 registered parties.
  3. The number of registered parties can vary significantly from year to year.  Since the federal general election in 2015, the Broadcasting Arbitrator's annual allocation decisions have allocated the paid broadcasting time made available under section 337 of the Act between as few as 14 registered parties and as many as 23 registered parties:
    1. July 13, 2016:  23 registered parties;
    2. October 21, 2016: 19 registered parties;
    3. April 13, 2017: 16 registered parties;
    4. April 30, 2018: 14 registered parties; and
    5. June 28, 2019: 16 registered parties.
  4. The last federal general election was held on October 21, 2019.  Just prior to the dropping of the writ, there were 22 registered parties.  
  5. In the intervening period leading up to November 9, 2020,
    1. two parties were de-registered:
      1. the Alliance of the North Party was deregistered during the electoral period, on September 15, 2019; and
      2. the Progressive Canadian Party was deregistered on November 30, 2019; and
    2. the Free Party was registered on September 30, 2020,
    thereby bringing the total number of registered parties convened to the meeting held on November 9, 2020 to 21.
  6. In addition, two parties that have become eligible parties since the last general election in 2019 have requested that paid broadcasting time be made available to them in the next general election:
    1. the Patriot Party; and
    2. the Maverick Party.
  7. In light of the foregoing, the within decision is made on the basis that there were 21 registered parties and two (2) eligible parties that have requested that paid broadcasting time be made available to them in the next general election. 
  8. Section 343 of the Act requires that at an annual meeting of registered parties, I consider any requests made by eligible parties in allocating paid broadcasting time to registered parties. In particular, subsection 343(2) of the Act directs that if the total broadcasting time allocated or requested exceeds 390 minutes, the Broadcasting Arbitrator shall reduce the allocated or requested time to 390 minutes "on a proportionate basis and that reduction shall be final and binding on all registered parties and eligible parties."
  9. As noted above, the status of parties continuously evolves.  Since November 9, 2020, a new party, the Centrist Party, became an eligible party and on December 31, 2020, the United Party was deregistered.  A meeting to reallocate paid broadcasting time will be arranged in the first quarter of 2021 to take into account these changes.
  10. At the meeting on November 9, 2020, I presented three alternative allocation scenarios for illustrative purposes and discussion by the registered parties.  Each scenario assumed that 12 minutes would be reserved for two eligible parties, leaving 378 minutes to be allocated between 21 registered parties: 
    1. Scenario 1 illustrated the allocation of the paid broadcasting time made available under the Act that would result from the application of the statutory factors set out at section 338;
    2. Scenario 2 illustrated the allocation that would result from using the one-third modified allocation approach that was used by the Broadcasting Arbitrator prior to 2016.  Under this approach, one third of the available minutes of paid broadcasting time is allocated equally among the registered parties and the remaining two-thirds of the available time is allocated on the basis of the statutory factors set out in section 338 of the Act; and
    3. Scenario 3 illustrated the allocation that would result from the application of the one-half modified approach on the registered parties.  Under this approach, one-half of the available time is allocated equally among the registered parties and the remaining one-half of the available time is allocated based on the statutory factors set out in section 338 of the Act.  The one-half modified approach was first instituted by my predecessor in 2016 and has been in use since. 
  11. A further approach proposed in a letter to me dated November 8, 2020 from eleven (11) registered parties not currently represented in the House of Commons was also discussed at the meeting.  This approach would see the available time divided equally between all registered parties without regard to the statutory factors set out in section 338.
  12. The informal show of hands at the conclusion of the meeting evinced a clear lack of consensus that was apparent from the discussion at the meeting.  In general, the registered parties with the most seats in the House of Commons expressed a preference for Scenarios 1 or 2, while those represented in the House but with fewer seats supported Scenario 3.  On the other hand, representatives in attendance at the meeting of the seven (7) parties not currently represented in the House generally advocated for the distribution of available paid broadcasting time equally between all registered parties. 

Decision

  1. As the parties have not been able to come to an agreement regarding the allocation of paid broadcasting time made available to registered parties under the Act, it falls on me as the Broadcasting Arbitrator to make this determination pursuant to the framework set out at sections 338 and 343 of the Act. 
  2. The statutory factors for the allocation of paid broadcasting time privilege success in the immediately preceding general election, as measured in seats in the House of Commons and in the percentage of the popular vote, as well as the activity level of each party in the previous general election, as measured by the number of candidates endorsed by the party as a percentage of all candidates endorsed by all registered parties at that election. 
  3. In the Chief Electoral Officer's recommendations dated November 27, 2001, following the 37th general election held on November 27, 2000, the CEO noted at the time that even the largest parties represented in the House of Commons did not fully utilise their allocations of paid broadcasting time (p. 68).  However, the free time allocation is linked to the paid time allocation, so all parties must participate in the latter in order to secure access to free broadcasting time.
  4. As noted above, a number of the parties not currently represented in the House of Commons urged me to abandon the statutory factors and distribute the available broadcasting time equally between registered parties.  Assuming that there are 21 registered parties, this methodology would result in each registered party being allocated approximately 18 and a half minutes of paid broadcasting time.
  5. At the same time, the parties currently holding the largest number of seats in the House of Commons took the position that strict application of the statutory factors remained appropriate.  Application of the statutory factors would result in the parties that are not currently represented in Parliament and that endorsed candidates in fewer than 10 percent of ridings being allocated less than three minutes of paid broadcasting time and practically no free time.
  6. At the meeting, I invited the parties to provide evidence on whether a higher or lower amount of paid broadcasting time is required to get its message across to the public.  I also invited parties to provide their views on the relative importance of allocations of paid (and free) broadcasting time in light of the increasing role of social media.   No such evidence has been provided to me.
  7. Having considered the matter, I have decided to exercise my discretion to modify the statutory factors by staying with the one-half modified allocation approach first introduced by my predecessor in 2016.  This approach represents an appropriate middle ground that provides a higher minimum amount for all parties with due regard to the statutory factors.
  8. Accordingly, I make the attached Order allocating 390 minutes between the 21 parties that were registered as of November 9, 2020 with proportionate reductions to take into account the fact that 12 minutes of this total are reserved for two eligible parties that have requested that paid advertising time be made available to them in the next general election.
  9. At the meeting, certain parties expressed concern that when scheduling free time, the networks with free time obligations insisted on political messages longer than 30 seconds to fill the time allotted to the parties.   While I have no jurisdiction to bind the networks, I will approach them to share with them these parties' concerns.
  10. I wish to thank all of the parties for their cooperation at the meeting and in particular, the parties that took the time to write to me both prior to and following the meeting to share their views and relevant precedents and authorities.

Original signed by

Y. Monica Song
The Broadcasting Arbitrator

Ottawa, January 8, 2021

 



Seal of the Broadcast Arbitrator

The Broadcasting Arbitrator

99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4

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


2020 Allocation of paid time

Order

1. Following a meeting of the registered parties held on November 9, 2020, and pursuant to subsections 337(3) and 343(2) of the Canada Elections Act, I hereby allocate the broadcasting time to be made available under section 335 of the Act on the basis set forth in the Appendix.

January 8, 2021

Original signed by

Y. Monica Song
The Broadcasting Arbitrator

 


Appendix

Allocation of Broadcasting Time to Be Made Available by Every Broadcaster Under Section 335 of the Canada Elections Act for Purchase by Registered Parties and Eligible Parties, as Determined by the Broadcasting Arbitrator Under Subsections 337(3) and 343((2) of the Act

(Ottawa, January 8, 2021)

Political Parties Min:Sec
Liberal Party of Canada 77:30
Conservative Party of Canada 70:00
New Democratic Party 33:30
Bloc Québécois 23:30
Green Party of Canada 21:00
People's Party of Canada 16:00
Christian Heritage Party of Canada 9:30
Rhinoceros Party 9:30
Libertarian Party of Canada 9:00
Veterans Coalition Party of Canada 9:00
Animal Protection Party of Canada 9:00
Marxist-Leninist Party of Canada 9:30
Communist Party of Canada 9:00
Parti pour l'Indépendance du Québec 9:00
Marijuana Party 9:00
Canada's Fourth Front 9:00
The United Party of Canada 9:00
National Citizens Alliance of Canada 9:00
Stop Climate Change 9:00
Canadian Nationalist Party 9:00
Free Party 9:00
Patriot Party 6:00
Maverick Party 6:00
Total 390:00