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Canada Elections Act

The Canada Elections Act (French: Loi électorale du Canada) is an Act of the Parliament of Canada which regulates the election of members of parliament to the House of Commons of Canada. The Act has been amended many times over Canada's history.

Canada Elections Act, 2000
Parliament of Canada
  • 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
    French: Loi concernant l’élection des députés à la Chambre des communes, modifiant certaines lois et abrogeant certaines autres lois
CitationS.C. 2000, c. 9
Enacted byParliament of Canada
Assented toMay 31, 2000
Legislative history
First readingHouse: October 14, 1999 / Senate: February 29, 2000
Second readingHouse: February 22, 2000 / Senate: March 28, 2000
Third readingHouse: February 28, 2000 / Senate: May 31, 2000
Committee reportHouse: February 22, 2000 / Senate: April 13, 2000
Status: Amended

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 edit

  • Section 56.1 establishes a fixed election date for federal general elections as the third Monday of October in the fourth calendar year following the last general election while retaining the power of the Governor General to dissolve Parliament earlier at their discretion. Its companion section 56.2 permits the Chief Electoral Officer (with the consent of the Cabinet) to shift the election day by either 1 day or 1 week to avoid conflicts with cultural days or with other elections in Canada.
  • Section 329 of the 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 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).[5] Even broadcasters that do not ordinarily accept advertising, such as the CBC's radio services, and (since 2017) premium pay TV channels like Crave/HBO and Super Channel, are required to accept these political ads during a federal election.[6][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.[5]
    • 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).[5]
    • 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.[citation needed]

Political action committees edit

In 2015, wealthy U.S.-style political action committees (PAC) organizations were introduced to Ontario and Alberta and were expected to play a major role in Canadian political elections at the provincial and federal level. PACs are new to Canadian federal politics and are "technically federal non-profit corporations"[8] registered with Industry Canada. 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 [/was] unlimited." up until the enactment of the Elections Modernization Act in 2018, even after which spending was nonetheless unlimited outside of the defined pre-election periods. 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 funded advertising in support of Conservative Prime Minister Stephen Harper.[8] The developer-funded right-wing group Ontario Proud and related groups have been active in Canadian elections since 2018.

See also edit

References edit

  1. ^ "The Charter: A watershed". Chronicle: A spotlight on 1920-1927. Canadian Museum of Civilization Corporation. from the original on October 7, 2012. Retrieved March 28, 2011.
  2. ^ "PART 4: REGISTER OF ELECTORS — Maintenance and Communication of Register". Canada Elections Act (S.C. 2000, c. 9). Department of Justice (Canada). from the original on April 23, 2011. Retrieved March 28, 2011.
  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. from the original on October 16, 2015. Retrieved October 19, 2015.
  5. ^ a b c Peter S. Grant (March 28, 2011). "Broadcasting Guidelines for the 41st Federal General Election" (PDF). (PDF) from the original on May 24, 2011. Retrieved April 26, 2011.
  6. ^ Canadian Broadcasting Corporation (May 5, 2005). . Archived from the original on June 29, 2011. Retrieved April 26, 2011.
  7. ^ Grant, Peter S. (September 11, 2019). "Broadcasting Guidelines - Federal Election October 26, 2019" (PDF). (PDF) from the original on September 29, 2019. Retrieved September 29, 2019. Prior to September 1, 2017, the obligation [with regard to offering time for sale to political parties] did not apply to pay television services, but on that day the CRTC deleted the prohibition of commercial advertising that applied to those services.
  8. ^ a b c Kleiss, Karen; Fekete, Jason (June 23, 2015), "Political action committee out to tell 'truth' of Conservative record", Calgary Herald via Edmonton Journal

External links edit

  • Department of Justice of Canada - Canada Elections Act text

canada, elections, french, électorale, canada, parliament, canada, which, regulates, election, members, parliament, house, commons, canada, been, amended, many, times, over, canada, history, 2000parliament, canadalong, title, respecting, election, members, hou. The Canada Elections Act French Loi electorale du Canada is an Act of the Parliament of Canada which regulates the election of members of parliament to the House of Commons of Canada The Act has been amended many times over Canada s history Canada Elections Act 2000Parliament of CanadaLong 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 ActsFrench Loi concernant l election des deputes a la Chambre des communes modifiant certaines lois et abrogeant certaines autres loisCitationS C 2000 c 9Enacted byParliament of CanadaAssented toMay 31 2000Legislative historyFirst readingHouse October 14 1999 Senate February 29 2000Second readingHouse February 22 2000 Senate March 28 2000Third readingHouse February 28 2000 Senate May 31 2000Committee reportHouse February 22 2000 Senate April 13 2000Status AmendedThe 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 Contents 1 Notable provisions 2 Political action committees 3 See also 4 References 5 External linksNotable provisions editSection 56 1 establishes a fixed election date for federal general elections as the third Monday of October in the fourth calendar year following the last general election while retaining the power of the Governor General to dissolve Parliament earlier at their discretion Its companion section 56 2 permits the Chief Electoral Officer with the consent of the Cabinet to shift the election day by either 1 day or 1 week to avoid conflicts with cultural days or with other elections in Canada Section 329 of the 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 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 5 Even broadcasters that do not ordinarily accept advertising such as the CBC s radio services and since 2017 premium pay TV channels like Crave HBO and Super Channel are required to accept these political ads during a federal election 6 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 5 As of 2011 the networks subject to this provision are CBC Television Ici Radio Canada Tele CBC Radio One Ici Radio Canada Premiere 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 5 Historically CTV and the Radiomedia Corus Quebec radio network were also subject to free time allocations the Corus Quebec 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 citation needed Political action committees editMain article Political action committee In 2015 wealthy U S style political action committees PAC organizations were introduced to Ontario and Alberta and were expected to play a major role in Canadian political elections at the provincial and federal level PACs are new to Canadian federal politics and are technically federal non profit corporations 8 registered with Industry Canada 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 was unlimited up until the enactment of the Elections Modernization Act in 2018 even after which spending was nonetheless unlimited outside of the defined pre election periods 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 funded advertising in support of Conservative Prime Minister Stephen Harper 8 The developer funded right wing group Ontario Proud and related groups have been active in Canadian elections since 2018 See also edit nbsp Wikinews has related news Fixed election dates to become law in Canadian federal electionsNew bill will ban Muslims from wearing veils at polls in Canada Canadian federal election Federal political financing in Canada Reform Act Canada References edit The Charter A watershed Chronicle A spotlight on 1920 1927 Canadian Museum of Civilization Corporation Archived from the original on October 7 2012 Retrieved March 28 2011 PART 4 REGISTER OF ELECTORS Maintenance and Communication of Register Canada Elections Act S C 2000 c 9 Department of Justice Canada Archived from the original on April 23 2011 Retrieved March 28 2011 Ian Stewart Just One Vote Jim Walding s nomination to constitutional defeat Winnipeg University of Manitoba Press 2009 p 4 Election night results blackout a thing of the past CBC News Archived from the original on October 16 2015 Retrieved October 19 2015 a b c Peter S Grant March 28 2011 Broadcasting Guidelines for the 41st Federal General Election PDF Archived PDF from the original on May 24 2011 Retrieved April 26 2011 Canadian Broadcasting Corporation May 5 2005 Policy 1 3 10 Political Advertising Archived from the original on June 29 2011 Retrieved April 26 2011 Grant Peter S September 11 2019 Broadcasting Guidelines Federal Election October 26 2019 PDF Archived PDF from the original on September 29 2019 Retrieved September 29 2019 Prior to September 1 2017 the obligation with regard to offering time for sale to political parties did not apply to pay television services but on that day the CRTC deleted the prohibition of commercial advertising that applied to those services a b c Kleiss Karen Fekete Jason June 23 2015 Political action committee out to tell truth of Conservative record Calgary Herald via Edmonton JournalExternal links editDepartment of Justice of Canada Canada Elections Act text Bil C 2 The Canada Elections Act LS 343E Retrieved from https en wikipedia org w index php title Canada Elections Act amp oldid 1197389575, wikipedia, wiki, book, books, library,

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