Canada Elections Act

Canada Elections Act
An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts
Citation	S.C. 2000, c. 9
Enacted by	Parliament of Canada
Date assented to	May 31, 2000
Legislative history
First reading	House: October 14, 1999 / Senate: February 29, 2000
Second reading	House: February 22, 2000 / Senate: March 28, 2000
Third reading	House: February 28, 2000 / Senate: May 31, 2000
Committee report	House: February 22, 2000 / Senate: April 13, 2000

The Canada Elections Act (full title: "An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts") is an Act of the Parliament of Canada which regulates the election of members of parliament to the Canadian House of Commons.

The Canada Election Act limits spending on election advertising by interest groups, which was upheld by the Supreme Court of Canada in Harper v. Canada (Attorney General) (2004). It also sets out various provisions regarding the publication or broadcast of election advertising and election results.

In 1989, the government of Canada appointed the Royal Commission on Electoral Reform and Party Financing regarding restrictions in the Elections Act inconsistent with Section Three of the Canadian Charter of Rights and Freedoms.^[1]

In 1996, the act was amended to establish a Register of Electors.^[2]

In 2003, the act was extended to cover the nomination contests of registered parties.^[3] In 2007, it was amended to mandate fixed election dates.

Notable provisions

• Section 329 of the Canada Elections Act outlawed publishing election results from other ridings in constituencies where polls are still open. This section was upheld by the Supreme Court in R. v. Bryan (2007), but was repealed in 2015 because the wide use of the internet and social media had made it outdated and difficult to enforce.^[4]
• Section 331 forbids those who are not citizens of Canada from "[inducing] electors to vote or refrain from voting or vote or refrain from voting for a particular candidate". Violators may face fines of up to $5,000 and six months imprisonment.^[5]
• Section 335 requires that all broadcasters make 6.5 hours of advertising available for purchase by political parties over the course of a general election during "prime time" (the evening hours for TV stations and specialty channels, and morning and afternoon drive for radio stations).^[6] Even broadcasters that do not ordinarily accept advertising, such as the CBC's radio services, are required to accept these political ads during a federal election.^[7]
• Section 345 requires that all CRTC-licensed over-the-air radio and television networks, which reach the majority of Canadians in the language of broadcast, allocate free time for election broadcasts (in addition to the paid availabilities described above). However, there are no restrictions on when these free-time broadcasts must air, and most of these networks now confine them to late night.^[6]
  • As of 2011, the networks subject to this provision are CBC Television, Ici Radio-Canada Télé, CBC Radio One, Ici Radio-Canada Première, TVA, and V. The amount of free time per election varies by network, from roughly 3.5 hours (for the CBC's TV networks) to 62 minutes (for TVA and V).^[6]
  • Historically, CTV and the Radiomédia / Corus Québec radio network were also subject to free-time allocations; the Corus Québec network has since ceased operation, while CTV has not operated under a CRTC-issued national network licence since 2001 (and other "networks" such as Global have never operated under such licences). Note that there is currently no free-time allocation required for individual private radio or television stations, or cable specialty channels.
• Section 482(b), which finds anyone who "induces a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election" guilty of intimidation of the electoral process. Anyone convicted under s. 482(b) faces, on a summary conviction, a maximum $2,000 fine, or a maximum of one year in prison, or both. On an indictment, individuals found guilty face a maximum of five years in prison, a maximum $5,000 fine, or both.

Political action committees

In 2015 wealthy U. S.-style political action committees (PAC) organizations were introduced to Ontario and Alberta and are expected to play a major role in Canadian political elections at the provincial and federal level.^[8] PACs are new to Canadian federal politics and are "technically federal non-profit corporations"^[8] registered with Industry Canada. PACs are not subject to "campaign spending rules or limits under federal elections laws."^[8] The Canada Elections Act allows PACs to "spend up to $150,000 on third-party advertising during an election" but "spending outside the election period is unlimited." In Ontario, the union-funded Working Families Coalition, spent millions on anti-conservative ads before the 2015 Ontario provincial elections. The left-leaning organization Engage Canada, which released its first anti- Harper attack ad early June 2015.^[8]The right-leaning Conservative PAC Foundation founded by high-profile Alberta conservatives Jonathan Denis, Brad Tennant and Zoe Addington in June 2015 will fund advertising in support of Conservative Prime Minister Stephen Harper.^[8]

See also

• Canadian federal election
• Federal political financing in Canada

References

1. "The Charter: A watershed". Chronicle: A spotlight on 1920-1927. Canadian Museum of Civilization Corporation. Retrieved 2011-03-28.
2. "PART 4: REGISTER OF ELECTORS — Maintenance and Communication of Register". Canada Elections Act (S.C. 2000, c. 9). Department of Justice (Canada). Retrieved 2011-03-28.
3. Ian Stewart, Just One Vote: Jim Walding's nomination to constitutional defeat, (Winnipeg: University of Manitoba Press), 2009, p. 4.
4. "Election night results blackout a thing of the past". CBC News. Retrieved 17 October 2015.
5. "John Oliver and Mike Myers Blast Canada’s PM Stephen Harper: ‘Do Not Vote For Stephen Harper’". The Daily Beast. 19 October 2015. Retrieved 19 October 2015.
6. Peter S. Grant (2011-03-28). "Broadcasting Guidelines for the 41st Federal General Election" (PDF). Retrieved 2011-04-26.
7. Canadian Broadcasting Corporation (2005-05-05). "Policy 1.3.10: Political Advertising". Retrieved 2011-04-26.
8. Kleiss, Karen; Fekete, Jason (23 June 2015), "Political action committee out to tell 'truth' of Conservative record", Calgary Herald via Edmonton Journal

External links

• Department of Justice of Canada - Canada Elections Act text
• http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?lang=E&ls=C2&Parl=36&Ses=2 Bil C-2: The Canada Elections Act (LS-343E)