GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 313
Return of elected candidate 313 (1) The returning officer, without delay after the sixth day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare elected the candidate who obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ. Equality of votes (2) If there is an equality of votes between the candidates with the largest number of votes, the returning officer shall indicate that on the return of the writ.
Canada Elections Act — E-2.01 314
Sending of documents 314 (1) On completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all election documents in his or her possession together with (a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from election officers; (b) a summary, in the prescribed form, of the number of votes cast for each candidate at each polling station; and (c) all other documents that were used at the election, including documents prepared under paragraph 162(i.1). Report re: disappearance of ballot box, etc. (2) In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each candidate. 2000, c. 9, s. 314 2018, c. 31, s. 205
Canada Elections Act — E-2.01 315
Duplicate of return to each candidate 315 (1) The returning officer shall forward a copy of the return of the writ to each candidate. Premature return (2) A premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course. Correction of writ (3) The Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related election documents to the returning officer for completion or correction.
Canada Elections Act — E-2.01 316
Where report made before recount 316 (1) Where, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all election documents required for use at the recount. Duties of returning officer on recount (2) On receiving a judge’s certificate with respect to the result of a recount, the returning officer shall (a) if the result of the recount is that a person other than the person named in the original return is to be returned, make a substitute return of the writ; or (b) if the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ. Effect of substitute return (3) A substitute return made under paragraph (2)(a) has the effect of cancelling the original return.
Canada Elections Act — E-2.01 317
Procedure on receipt of return by Chief Electoral Officer 317 The Chief Electoral Officer, on receiving each return of the writ, shall, in the order in which the return is received, (a) indicate, in a book kept by the Chief Electoral Officer for the purpose, that he or she has received it; and (b) publish in the Canada Gazette the name of the candidate who was declared elected.
Canada Elections Act — E-2.01 318
Equality of votes 318 If the return of the writ indicates an equality of votes between the candidates with the largest number of votes, the Chief Electoral Officer shall without delay (a) prepare and send to the Speaker of the House of Commons or, if none, two members of the House or two candidates who have been declared elected, as the case may be, a report stating that no candidate was declared elected in the electoral district because of the equality of votes; and (b) publish in the Canada Gazette (i) the names of the candidates between whom there was an equality of votes, and (ii) notice that, as no candidate was declared elected in the electoral district because of the equality of votes, a by-election will be conducted under subsection 29(1.1) of the Parliament of Canada Act .
Canada Elections Act — E-2.01 319
Definitions 319 The definitions in this section apply in this Part. election advertising [Repealed, 2018, c. 31, s. 206] election survey [Repealed, 2018, c. 31, s. 206] network means a network as defined in subsection 2(1) of the Broadcasting Act , but does not include a temporary network operation as defined in that subsection. ( réseau ) network operator means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network. ( exploitant de réseau ) online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. ( plateforme en ligne ) prime time , in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight. ( heures de grande écoute ) 2000, c. 9, s. 319; 2014, c. 12, s. 72 2018, c. 31, s. 206
Canada Elections Act — E-2.01
election advertising [Repealed, 2018, c. 31, s. 206]
Canada Elections Act — E-2.01
election survey [Repealed, 2018, c. 31, s. 206]
Canada Elections Act — E-2.01
network means a network as defined in subsection 2(1) of the Broadcasting Act , but does not include a temporary network operation as defined in that subsection. ( réseau )
Canada Elections Act — E-2.01
network operator means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network. ( exploitant de réseau )
Canada Elections Act — E-2.01
online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. ( plateforme en ligne )
Canada Elections Act — E-2.01
prime time , in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight. ( heures de grande écoute )
Canada Elections Act — E-2.01 320
Message must be authorized 320 A candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be.
Canada Elections Act — E-2.01 322
Election advertising posters 322 (1) No landlord or person acting on their behalf may prohibit a tenant from displaying election 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 election 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 election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.
Canada Elections Act — E-2.01 323
Blackout period 323 (1) No person shall transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district. Interpretation (2) The transmission to the public of a notice of an event that the leader of a registered party intends to attend or an invitation to meet or hear the leader of a registered party is not election advertising for the purpose of subsection (1). Definition of person (3) For the purpose of subsection (1), a person includes a registered party and a group within the meaning of Part 17. 2000, c. 9, s. 323 2018, c. 31, s. 208
Canada Elections Act — E-2.01 324
Exceptions 324 Subsection 323(1) does not apply in respect of (a) the transmission of a message that was transmitted to the public on what is commonly known as the Internet before the blackout period described in that subsection and that was not changed during that period; or (b) the distribution during that period of pamphlets or the posting of messages on signs, posters or banners. 2000, c. 9, s. 324; 2001, c. 21, s. 16(E)
Canada Elections Act — E-2.01 325
Prohibition — prevention or impairment of transmission 325 (1) No person shall prevent or impair the transmission to the public of an election 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.
Canada Elections Act — E-2.01 325.2
Information to be provided by advertiser 325.2 A person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2). 2018, c. 31, s. 208.1
Canada Elections Act — E-2.01 327
Broadcast of surveys not based on recognized statistical methods 327 The first person who transmits the results of an election 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 indicate that the survey was not based on recognized statistical methods.
Canada Elections Act — E-2.01 328
Prohibition — causing transmission of election survey results during blackout period 328 (1) No person shall 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 an election survey that have not previously been transmitted to the public. Prohibition — transmission of election 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 an election survey that have not previously been transmitted to the public. Application (3) For the purpose of this section, a person includes a group within the meaning of Part 17. 2000, c. 9, s. 328 2018, c. 31, s. 211
Canada Elections Act — E-2.01 330
Prohibition — use of broadcasting station outside Canada 330 (1) No person shall, with intent to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election. Exception (1.1) Subsection (1) does not apply in respect of any matter that is broadcast if the broadcasting signals originated in Canada. Prohibition — broadcasting outside Canada (2) During an election period, no person shall broadcast, outside Canada, election advertising with respect to an election. 2000, c. 9, s. 330 2018, c. 31, s. 212
Canada Elections Act — E-2.01 332
Appointment of Broadcasting Arbitrator 332 (1) A Broadcasting Arbitrator shall be appointed by the Chief Electoral Officer without delay after the consultations described in section 333. The Broadcasting Arbitrator shall be (a) chosen by a unanimous decision of representatives of registered parties; or (b) named by the Chief Electoral Officer, if the consultations do not result in a unanimous decision. Term of office (2) The term of office of the Broadcasting Arbitrator shall expire six months after polling day at the general election next following his or her appointment. Removal for cause (3) The Chief Electoral Officer may remove the Broadcasting Arbitrator from office only for cause. Eligible for re-appointment (4) A Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed. Salary (5) A Broadcasting Arbitrator shall be paid the salary or other remuneration that may be fixed by the Chief Electoral Officer.
Canada Elections Act — E-2.01 333
Convening of representatives 333 (1) The Chief Electoral Officer shall hold a meeting of two representatives of each registered party represented in the House of Commons at that time, or if Parliament is dissolved, at the time of dissolution, designated in writing by their party leader, for the purpose of holding consultations to choose a Broadcasting Arbitrator. The meeting shall be held within (a) 90 days after polling day at a general election; or (b) 14 days after the day on which the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, if that day is not during the election period of a general election. Chairperson (2) The Chief Electoral Officer shall designate the Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations. Report (3) The representatives of the registered parties referred to in subsection (1) shall make a report signed by each of them to the Chief Electoral Officer of the results of their consultations no later than (a) six weeks after a meeting referred to in paragraph (1)(a); and (b) four weeks after a meeting referred to in paragraph (1)(b).
Canada Elections Act — E-2.01 334
Vacancy during election period 334 In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the election period of a general election, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay.
Canada Elections Act — E-2.01 335
Broadcasting time provided to registered parties 335 (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions imposed on it under section 9.1 of that Act, make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities. When broadcaster affiliated with network (2) If a broadcaster is affiliated with a network, the part of the broadcasting time to be made available under subsection (1) that may be determined by agreement between the broadcaster and the network operator shall be made available by the network operator during the portion of the broadcaster’s prime time broadcasting schedule that has been delegated to the control of the network operator. 2000, c. 9, s. 335; 2001, c. 21, s. 17 2023, c. 8, s. 43
Canada Elections Act — E-2.01 336
Request for meeting 336 (1) The Broadcasting Arbitrator shall convene a meeting of representatives of all registered parties to consult on the allocation of broadcasting time made available under section 335 within 30 days after the receipt of a written request from the chief agent of a registered party, or six months after the Broadcasting Arbitrator takes office, whichever is earlier. Time of request (2) The written request may not be made until the Broadcasting Arbitrator has been in office for 60 days. Chairperson (3) The Broadcasting Arbitrator shall act as Chairperson at any meeting referred to in subsection (1).
Canada Elections Act — E-2.01 337
No allocation 337 (1) A registered party shall not be allocated broadcasting time if, after receiving notice of the meeting referred to in subsection 336(1), the party (a) indicates in writing to the Broadcasting Arbitrator that it does not wish to be allocated broadcasting time; or (b) fails to communicate to the Broadcasting Arbitrator its intentions regarding the allocation of the broadcasting time and fails to have its representative attend the meeting. Agreement on allocation (2) Unanimous agreement of the registered parties on the allocation of the broadcasting time is binding on all registered parties. Broadcasting Arbitrator decides when no agreement (3) If unanimous agreement is not reached within four weeks after the meeting referred to in subsection 336(1), the Broadcasting Arbitrator shall allocate the broadcasting time, and that allocation is binding on all registered parties.
Canada Elections Act — E-2.01 338
Factors in allocation 338 (1) Subject to subsections (3) to (5), in allocating broadcasting time, the Broadcasting Arbitrator shall give equal weight to (a) the percentage of seats in the House of Commons held by each of the registered parties at the previous general election; and (b) the percentage of the popular vote at the previous general election of each registered party. The Broadcasting Arbitrator shall in addition give half the weight given to each of the factors referred to in paragraphs (a) and (b) to the number of candidates endorsed by each of the registered parties at the previous general election, expressed as a percentage of all candidates endorsed by all registered parties at that election. Allocation where merger of parties (2) Subject to subsections (3) to (5), in allocating broadcasting time in the case of the merger of two or more registered parties, the Broadcasting Arbitrator shall (a) in determining the percentage of seats held by a merged party at the previous general election for the purpose of paragraph (1)(a), include the total number of seats held by the merging parties; (b) in determining the percentage of the popular vote of a merged party at the previous general election for the purpose of paragraph (1)(b), include the total number of votes obtained by the merging parties; and (c) for the purpose of giving the half-weight under subsection (1), assign to the merged party the number of candidates endorsed by the merging party that had the greatest number of candidates at that election. No allocation in excess of 50% (3) In no case shall the Broadcasting Arbitrator allocate more than 50% of the total of the broadcasting time to a registered party. Allocation of time in excess of 50% (4) If the calculation under subsection (1) would give more than 50% of the total of the broadcasting time to a registered party, the Broadcasting Arbitrator shall allocate the excess amount to the other registered parties entitled to broadcasting time on a proportionate basis. Discretion re allocation (5) If the Broadcasting Arbitrator considers that an allocation determined in accordance with subsection (1) would be unfair to a registered party or contrary to the public interest, the allocation may be modified, subject to subsections (3) and (4), in any manner that the Broadcasting Arbitrator considers appropriate. Notification of allocation (6) The Broadcasting Arbitrator shall, as soon as possible, give notice in writing of every allocation of broadcasting time made by the Broadcasting Arbitrator or by the registered parties to (a) every registered party; and (b) every political party that became an eligible party either before or after the allocation. The notice shall advise an eligible party referred to in paragraph (b) that it has 30 days after the receipt of the notice to request that broadcasting time be made available to it, for purchase, under section 339.
Canada Elections Act — E-2.01 339
New parties entitled to broadcasting time 339 (1) Subject to subsection (4), every eligible party referred to in paragraph 338(6)(b) that makes a request as described in subsection 338(6) within the time referred to in that subsection is entitled to purchase broadcasting time in an amount equal to the lesser of (a) the smallest portion of broadcasting time to be made available under section 335 allocated to a registered party under sections 337 and 338, and (b) six minutes. Parties not entitled to time (2) An eligible party referred to in paragraph 338(6)(b) is not entitled to have any broadcasting time made available to it under this section if the party (a) indicates in writing that it does not wish any broadcasting time under this section; or (b) fails to make a request as described in subsection 338(6) within the time referred to in that subsection. Broadcasting time provided to new eligible parties (3) In addition to the broadcasting time to be made available under section 335, and within the period referred to in that section, every broadcaster shall, subject to the regulations made under the Broadcasting Act and to the conditions imposed on it under section 9.1 of that Act, make available, for purchase by every eligible party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the eligible party for the transmission of political announcements and other programming produced by or on behalf of the eligible party during prime time on that broadcaster’s facilities. Maximum of 39 minutes (4) The maximum amount of broadcasting time available for purchase by eligible parties under this section is 39 minutes and, once that amount of broadcasting time is reached, all entitlement under this section shall be altered or established to be of whatever number of minutes or portions of minutes is necessary so that all eligible parties requesting time under this section receive the same amount of time within the 39-minute limit. 2000, c. 9, s. 339 2023, c. 8, s. 44
Canada Elections Act — E-2.01 340
Reallocation in case of deregistration 340 (1) If a registered party to which broadcasting time has been allocated under this Part is subsequently deregistered, the Broadcasting Arbitrator, within two weeks after publication in the Canada Gazette of the notice of deregistration, shall convene the representatives of the remaining registered parties and eligible parties to which broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time. Reallocation in case of loss of eligibility (2) Where an eligible party to which broadcasting time has been allocated under section 339 subsequently ceases to be an eligible party, the Broadcasting Arbitrator, within two weeks after the cessation of eligibility, shall convene the representatives of the remaining registered parties and eligible parties to whom broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time. Exception (3) If the deregistration or cessation of eligibility referred to in subsection (1) or (2), respectively, occurs after the issue of the writs for a general election, the broadcasting time that was allocated to the deregistered party or to the party that has ceased to be eligible shall not be reallocated. 2000, c. 9, s. 340; 2003, c. 19, s. 5
Canada Elections Act — E-2.01 341
Reallocation in case of merger 341 If two or more registered parties merge after an allocation of the broadcasting time to be made available under section 335, the Broadcasting Arbitrator shall without delay convene the representatives of the registered parties, including the merged parties, for the purpose of reallocating the broadcasting time allocated to all registered parties.