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Regulation Adapting the Canada Elections Act for the Purposes of a Referendum

Part 16

Communications

Interpretation

Definitions
  • 319. The definitions in this section apply in this Part.
"referendum advertising"
publicité référendaire
  • "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.
  • 335. Not applicable.
  • 336. Not applicable.
  • 337. Not applicable.
  • 338. Not applicable.
  • 339. Not applicable.
  • 340. Not applicable.
  • 341. Not applicable.
  • 342. Not applicable.
  • 343. Not applicable.
  • 344. Not applicable.
  • 345. Not applicable.
  • 346. Not applicable.
  • 347. Not applicable.
  • 348. Not applicable.


Federal Referendum Legislation – Contents