GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Referendum Act — R-4.7 19
Return by chief agent 19 (1) Within four months after polling day at a referendum, the chief agent of each registered referendum committee shall file with the Chief Electoral Officer a true return, signed by the chief agent, substantially in prescribed form and containing detailed statements of (a) all referendum expenses incurred by the committee; (b) the amount of the contributions received during and after the referendum period by the committee from each of the following classes of contributors: (i) individuals, (ii) corporations the shares of which are publicly traded, (iii) corporations the shares of which are not publicly traded, (iv) trade unions, (v) corporations without share capital, other than trade unions, (vi) political parties, (vii) governments, and (viii) other groups; (c) the number of contributors in each class described in paragraph (b); and (d) the name of each contributor, listed according to the classes described in paragraph (b), that made one or more contributions to the committee during or after the referendum period that exceeded, or the aggregate of which exceeded, two hundred and fifty dollars and, in each case, the amount of the contribution or aggregate. Other documents (2) Each return shall include the auditor’s report thereon and the originals of all bills, vouchers and receipts related thereto and be accompanied by an affidavit or statutory declaration made by the chief agent in prescribed form.
Referendum Act — R-4.7 20
Auditor’s report 20 (1) The auditor of a registered referendum committee shall make a report to the chief agent of the committee on the referendum finances return of the committee and shall make such examinations as will enable the auditor to state in the report whether in the auditor’s opinion the return presents fairly the financial transactions contained in the accounting records on which it is based. Explanatory statement (2) An auditor’s report shall contain such statements as the auditor considers necessary where (a) the referendum finances return does not present fairly the information contained in the accounting records on which it is based; (b) the auditor has not received from agents and officers of the committee all the information and explanations that the auditor required; or (c) proper accounting records have not been kept by the committee, so far as appears from the auditor’s examination. Right of access (3) The auditor of a registered referendum committee is entitled to have access at all reasonable times to all records, documents, books, accounts, bills, vouchers and receipts of the committee, and is entitled to require from agents and officers of the committee such information and explanations as in the auditor’s opinion may be necessary to enable the auditor to report as required by subsection (1).
Referendum Act — R-4.7 21
Provision of free broadcasting time 21 (1) In the period beginning on Thursday, the eighteenth day before polling day, and ending on the second day before polling day, every network operator (a) that reaches the majority of those Canadians whose mother tongue is the same as that in which the network broadcasts, (b) that is licensed with respect to more than a particular series of programs or type of programming, and (c) that does not involve any distribution undertaking within the meaning of the Broadcasting Act , shall, subject to the regulations made pursuant to that Act and to the conditions imposed on it under section 9.1 of that Act, make available, at no cost, to registered referendum committees for the transmission of referendum announcements and other programming produced by or on behalf of those committees an aggregate of three hours of broadcasting time during prime time. Determination of population reached (2) For the purposes of subsection (1), a network is deemed to reach (a) people resident within those areas served by broadcasting stations affiliated to the network that (i) in the case of A.M. radio stations, are enclosed by the night-time interference-free official contour of the stations, (ii) in the case of F.M. radio stations, are enclosed by the fifty microvolt per metre official contour of the stations, and (iii) in the case of television stations, are enclosed by the Grade B official contour of the stations; and (b) people resident outside the areas described in paragraph (a) to whom the signals of broadcasting stations affiliated to the network are available via distribution undertakings licensed by the Canadian Radio-television and Telecommunications Commission. 1992, c. 30, s. 21 2023, c. 8, s. 41
Referendum Act — R-4.7 22
Allocation of free broadcasting time 22 (1) The Broadcasting Arbitrator shall, before Sunday, the twenty-second day before polling day, allocate the broadcasting time to be made available under section 21 among the registered referendum committees that are entitled to be considered for the allocation, in such manner that the time is allocated equally to committees that support the referendum question and committees that oppose it. Committees entitled to be considered (2) A registered referendum committee is entitled to be considered for the allocation of broadcasting time if it (a) applied for registration under section 13 before Tuesday, the twenty-seventh day before polling day; (b) indicated in the application that it wishes to be considered for the allocation, on which network it wishes the time to be made available to it and whether it supports or opposes the referendum question; and (c) paid a deposit of five hundred dollars in legal tender or a certified cheque made payable to the Receiver General. Criteria (3) The Broadcasting Arbitrator shall allocate broadcasting time in a manner that is fair to all the registered referendum committees entitled to be considered for the allocation and that is not contrary to the public interest, and, in considering the allocation of broadcasting time to a particular registered referendum committee, the Broadcasting Arbitrator shall consider whether (a) the committee represents a significant regional or national interest; (b) allocation to the committee would be equitable having regard to the different views expressed on the referendum question; and (c) the referendum announcements and other programming proposed by the committee would be directly related to the referendum question. Additional information (4) In order to allocate broadcasting time, the Broadcasting Arbitrator may request additional information from any registered referendum committee entitled to be considered for the allocation. Notification (5) The Broadcasting Arbitrator shall, as soon as possible after completing the allocation and, in any event, not later than Monday, the twenty-first day before polling day, send a notice in writing of the allocation to every registered referendum committee considered for the allocation, every network affected by the allocation and the Canadian Radio-television and Telecommunications Commission. Deposits (6) The deposit paid by a registered referendum committee entitled to be considered for an allocation of broadcasting time (a) shall be returned to the committee, if it is not allocated time or uses all the time allocated to it; or (b) is forfeited to Her Majesty in right of Canada, if the committee does not use all the time allocated to it. Allocation binding (7) An allocation of broadcasting time to be made available by a broadcasting network is final and binding on the network and on all registered referendum committees entitled to be considered for the allocation.
Referendum Act — R-4.7 23
Information to registered referendum committees 23 The Broadcasting Arbitrator shall, on request, provide all registered referendum committees that are entitled to be considered for the allocation of broadcasting time with the names and addresses of all network operators.
Referendum Act — R-4.7 24
Free time not referendum expense 24 (1) The commercial value of any free broadcasting time made available to a registered referendum committee under section 21 shall be deemed not to be a referendum expense. Free time not commercial time (2) Despite subsection 21(1), the Broadcasting Act , any regulations made under that Act and any conditions imposed on a network operator under section 9.1 of that Act, free broadcasting time shall not be considered to be commercial time. 1992, c. 30, s. 24 2023, c. 8, s. 42
Referendum Act — R-4.7 25
Notice of preference 25 (1) Each registered referendum committee to which free broadcasting time is allocated shall, not later than Tuesday, the twentieth day before polling day, send to each network operator that is to provide the time a notice in writing of the days and hours when the committee wishes the time to be made available to it. Consultation (2) Within two days after receiving the notice, the network operator shall consult with the registered referendum committee that sent the notice for the purpose of reaching an agreement on the days and hours when the broadcasting time is to be made available to the committee. Where no agreement (3) Where no agreement is reached under subsection (2), the matter shall be referred to the Broadcasting Arbitrator and the Arbitrator shall forthwith decide the days and hours when broadcasting time is to be made available to the registered referendum committee and give notice of the decision to the committee and the network operator. Factors (4) In making a decision under subsection (3), the Broadcasting Arbitrator shall take into account the following principles: (a) that each registered referendum committee should, as far as possible, have the freedom and flexibility to determine the actual broadcasting time it wishes to be made available to it; and (b) that any broadcasting time to be made available to any registered referendum committee should be made available fairly throughout prime time. Decision binding (5) A decision under subsection (3) is final and binding on the registered referendum committee and on the network operator.
Referendum Act — R-4.7 26
C.R.T.C. guidelines 26 (1) The Canadian Radio-television and Telecommunications Commission shall, not later than three days after the issue of the writs of referendum, send to the Broadcasting Arbitrator guidelines respecting the application of the Broadcasting Act and the regulations made under that Act to network operators in relation to the referendum. Broadcasting Arbitrator guidelines (2) The Broadcasting Arbitrator shall, not later than five days after the issue of the writs of referendum, issue to all network operators (a) guidelines covering (i) the allocation of free broadcasting time under this Act, (ii) the procedures for booking free broadcasting time by registered referendum committees, and (iii) such other matters as may be pertinent to the conduct of network operators under this Act; and (b) the guidelines sent to the Broadcasting Arbitrator pursuant to subsection (1).
Referendum Act — R-4.7 27
Blackout period 27 (1) No person shall, for the purpose of supporting or opposing a referendum question, advertise on the facilities of any broadcasting undertaking or publish an advertisement in a periodical publication on polling day or the day preceding polling day. Presumption (2) For the purposes of subsection (1), a notice of a function, meeting or other event that a registered referendum committee intends to hold or a notice of invitation to meet or hear a representative of a registered referendum committee at a specific place is deemed not to be an advertisement for the purpose of supporting or opposing a referendum question.
Referendum Act — R-4.7 28
Referendum advertisements 28 No person shall, for the purpose of supporting or opposing a referendum question, advertise on the facilities of any broadcasting undertaking, publish an advertisement in a periodical publication or display or distribute an advertisement on a handbill, placard or poster, unless the advertisement identifies the sponsor of the advertisement and indicates that the advertisement is authorized by that sponsor.
Referendum Act — R-4.7 29
Application by Her Majesty in right of Canada 29 (1) Her Majesty in right of Canada may, not later than ten days after the validation of results has been completed in an electoral district, apply for a recount of the votes cast in the electoral district on a referendum question to a judge to whom an application for a recount may be made under the Canada Elections Act in respect of the electoral district. Application by Her Majesty in right of a province or an elector (2) Her Majesty in right of a province or any elector ordinarily resident in a province may, not later than ten days after the validation of results has been completed in an electoral district in the province, apply for a recount of the votes cast in the electoral district on a referendum question to a judge to whom an application for a recount may be made under the Canada Elections Act in respect of the electoral district. Affidavits (3) An application shall be supported by one or more affidavits or statutory declarations of persons having personal knowledge of the matters to which they attest. Service (4) A copy of an application by Her Majesty in right of a province or an elector and the affidavit or statutory declaration in support thereof shall be served on the Attorney General of Canada not less than five days before the application is to be heard by a judge. Recount (5) The judge to whom an application is made shall order that the recount be carried out and shall appoint a time for commencing the recount, if the judge is satisfied that (a) votes cast in the electoral district on the referendum question may have been wrongly rejected, counted, added or reported; and (b) there is a reasonable possibility that, if the votes are properly rejected, counted, added and reported, the opinion of the majority of the electors in the electoral district who cast ballots on that question will be shown to be opposite to what it was shown to be by the original count. Time (6) A recount shall be commenced within four days after it was ordered. Costs (7) No costs shall be awarded on an application under this section. 1992, c. 30, s. 29; 2000, c. 9, s. 568
Referendum Act — R-4.7 30
Electors entitled to be present 30 Where, at a recount under section 29 of the votes cast on a referendum question, the judge is satisfied that either the electors who support the question or those who oppose it are not represented at the recount, any three electors who demand to attend on behalf of the electors who are not so represented are entitled to attend, but, except with the permission of the judge, no persons other than those who are by this section entitled to attend at the recount shall be permitted to attend. 1992, c. 30, s. 30; 2000, c. 9, s. 569(F)
Referendum Act — R-4.7 31
Information provided by Chief Electoral Officer 31 (1) The Chief Electoral Officer shall, as soon as possible after the issue of a proclamation, inform the public, by such means as the Chief Electoral Officer considers appropriate, of the referendum question and the manner in which the referendum will be conducted. Limitation (2) Nothing in subsection (1) shall be construed as requiring or authorizing the Chief Electoral Officer to inform, or answer inquiries from, the public with respect to any argument in support of or in opposition to any referendum question.
Referendum Act — R-4.7 32
Definitions 32 (1) In this section, public servant means a deputy head or an employee as defined in subsection 2(1) of the Public Service Employment Act , but does not include a person on the staff of the Chief Electoral Officer; ( fonctionnaire ) referendum officer means returning officers, assistant returning officers, additional assistant returning officers, persons authorized by a returning officer to perform duties under this Act, revising agents, deputy returning officers, poll clerks, registration officers, information officers, persons responsible for maintaining order at a central polling place, central poll supervisors, persons appointed to collect ballot boxes, the special voting rules administrator, special ballot officers, liaison officers for correctional institutions and deputy returning officers and poll clerks for correctional institutions. ( fonctionnaire référendaire ) Participation not precluded (2) Part 7 of the Public Service Employment Act is not to be construed or applied so as to restrict the right of a public servant to participate fully in respect of a referendum. Regulations (3) Where, in the opinion of the Governor in Council, the participation of public servants or any class of public servants in a referendum would likely impair the ability of the public servants or public servants in that class to discharge the responsibilities of their positions, the Governor in Council may make regulations limiting their participation in the referendum. Referendum officers (4) Referendum officers shall, in performing their duties and functions under this Act, act impartially and not in any way show favour to any side in a referendum. 1992, c. 30, s. 32; 1996, c. 35, s. 91; 2000, c. 9, s. 570; 2003, c. 22, s. 244
Referendum Act — R-4.7
public servant means a deputy head or an employee as defined in subsection 2(1) of the Public Service Employment Act , but does not include a person on the staff of the Chief Electoral Officer; ( fonctionnaire )
Referendum Act — R-4.7
referendum officer means returning officers, assistant returning officers, additional assistant returning officers, persons authorized by a returning officer to perform duties under this Act, revising agents, deputy returning officers, poll clerks, registration officers, information officers, persons responsible for maintaining order at a central polling place, central poll supervisors, persons appointed to collect ballot boxes, the special voting rules administrator, special ballot officers, liaison officers for correctional institutions and deputy returning officers and poll clerks for correctional institutions. ( fonctionnaire référendaire )
Referendum Act — R-4.7 33
Costs payable out of Consolidated Revenue Fund 33 All costs incurred by the Chief Electoral Officer in performing the duties and functions imposed by this Act shall be paid out of the Consolidated Revenue Fund.
Referendum Act — R-4.7 34
General offence — persons 34 (1) Every person who contravenes subsection 10(2), 16(4), 18(4), 20(1) or 32(4) is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year, or to both; or (b) on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years, or to both. Idem (2) Every person who does or omits to do anything in respect of a referendum that, if done or omitted to be done in respect of an election, would constitute an offence under the Canada Elections Act is guilty of an offence under this Act and is liable to punishment as described in subsection (1). Failure to assist auditor (3) Every agent or officer of a registered referendum committee who (a) refuses to allow the auditor of the committee to have access to any records, documents, books, accounts, bills, vouchers and receipts of the committee to which the auditor is entitled to have access under subsection 20(3), (b) fails to provide the auditor with any information or explanations that the auditor has required and is entitled to require from the agent or officer under that subsection, or (c) provides the auditor with any information or explanation knowing that it is false, misleading or incomplete in a material particular, is guilty of an offence and is liable to punishment as described in subsection (1). General offence — referendum committees (4) Every referendum committee that contravenes subsection 13(8), 15(4) or (5) or 18(1), (2) or (3) is guilty of an offence and is liable to punishment as described in subsection (1). Filing false application (5) Every referendum committee that files an application under section 13 knowing that it is false, misleading or incomplete in a material particular is guilty of an offence and is liable to punishment as described in subsection (1).
Referendum Act — R-4.7 35
Excess referendum expenses 35 (1) Every person who, or group that, contravenes subsection 15(1) is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years, or to both; or (b) on indictment, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding five years, or to both. Payments (2) Every registered referendum committee that contravenes section 14 or subsection 15(2) or 16(1) or (3) is guilty of an offence and is liable to punishment as described in subsection (1). Referendum finances return (3) Every chief agent who contravenes subsection 19(1) or who files a return under that subsection knowing that it is false, misleading or incomplete in a material particular is guilty of an offence and is liable to punishment as described in subsection (1).
Referendum Act — R-4.7 36
Broadcasting time 36 (1) Every network operator that contravenes subsection 21(1) or fails to comply with any allocation of free broadcasting time under section 22 is guilty of an offence and is liable on summary conviction to a fine not exceeding twenty-five thousand dollars. Advertising restrictions (2) Every person who contravenes subsection 27(1) or section 28 is guilty of an offence and is liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
Referendum Act — R-4.7 37
Groups deemed to be persons 37 (1) A prosecution for an offence against this Act by a group may be brought against and in the name of the group and, for the purposes of the prosecution, the group shall be deemed to be a person and any act or thing done or omitted to be done by the leader or by another officer or an agent of the group within the scope of the leader’s, officer’s or agent’s authority to act on behalf of the group shall be deemed to be an act or thing done or omitted to be done by the group. Name in prosecution (2) For the purposes of subsection (1), a prosecution against a group, other than a registered referendum committee, may be brought against the group in any of the following names: (a) the name chosen by the group to identify itself; (b) any name by which the group is commonly known; and (c) the names, collectively, of the persons who are, or who perform the functions of, the leader and treasurer of the group. Idem (3) Where a group is prosecuted under the names referred to in paragraph (2)(c), the names shall be followed by the expression “as representing a group”.
Referendum Act — R-4.7 38
References in offence provisions 38 For the purposes of a prosecution or proceeding under this Act, the references in section 508, subsection 510(1), section 511 and subsections 512(1), 514(1) and 515(1) and (3) of the Canada Elections Act to “this Act” shall be construed as references to “the Referendum Act ”. 1992, c. 30, s. 38; 2000, c. 9, s. 571
Referendum Act — R-4.7 40
Review of Act 40 (1) On the expiration of three years after the coming into force of this Act, this Act shall be referred to such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established for the purpose of reviewing this Act. Report (2) The committee to which this Act is referred shall review the Act and submit a report thereon to the House or Houses of Parliament of which it is a committee, including a statement of any changes the committee recommends.
Referendum Act — R-4.7 Coming into force
Coming into force * 41 This Act shall come into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force June 23, 1992, see SI/92-125.]