Under the Broadcasting Act, the Canadian Radio-television and Telecommunications Commission (CRTC) is mandated to ensure that broadcasters (television, radio and community channels) provide equitable airtime to all political parties and candidates for political campaign advertising, news coverage and public affairs programming, and debates. The CRTC has determined that equitable does not mean equal.
Political Advertising
If a TV or radio broadcaster makes paid campaign advertising airtime available to a party or candidate, it must provide commercial airtime on an equitable basis to all other parties and candidates. For federal election campaigns, the Broadcasting Arbitrator allocates the minutes of time that broadcasters are required to make available for purchase by registered political parties. Similarly, if free advertising time is offered to a party or candidate, the broadcaster is required make free time available on an equitable basis to other parties and candidates.
News Coverage and Public Affairs Programming
Broadcasters’ news coverage and public affairs programming must be balanced and reasonable and inform the public about the main issues in the campaign and of the positions of all candidates and registered parties on those issues.
Political Debates
Political debates do not need to include all candidates. Broadcasters should ensure, however, that the public is informed about the main issues and positions of all parties through their public affairs programming.
Telephone Calls to Canadians
The CRTC also enforces registration requirements for both entities and individuals that call Canadians during an election period for any purpose related to an election. The registration regime is intended to address concerns regarding fraudulent calls by promoting transparency in voter contact calls made during an election.
Organizations subject to the requirement to register with the CRTC’s Voter Contact Registry include those that:
- use an automatic dialing-announcing device (ADAD), also known as a “robocaller”;
- have entered into an agreement with a calling service provider to make either live or ADAD voter contact calls;
- are a calling service provider who is making voter contact calls;
- are a corporation, industry association, or non-profit other than a registered political party or registered association making live voter contact calls.
Registration with the Voter Contact Registry is required within 48 hours of the first voter contact call made by the organization or any calling service provider engaged by the organization.
The penalties for failure to register can be significant. The CRTC may impose a monetary penalty of up to $1,500 for individuals and $15,000 for corporations per violation for each day that the violation occurs.
Robocalls must also comply with identification and timing rules established by the CRTC’s Unsolicited Telecommunications Rules. While live calls made by political parties, associations, and candidates, as well as survey calls, are largely exempt from the National Do Not Call List (NDNCL) Rules and CRTC Telemarketing Rules, there are circumstances where identification and internal do not call list requirements still apply.
Emailing Canadians
Canada’s anti-spam law, often referred to as “CASL”, applies to the sending of commercial electronic messages. An email that is sent by or on behalf of a political party or organization, or a person who is a candidate, and that has as its primary purpose soliciting a contribution as defined in the Canada Elections Act, is exempt from CASL. An email that does not qualify for this exemption and that has, as any of its purposes, to encourage participation in commercial activity, may be subject to CASL prior consent, identification and unsubscribe requirements.
Online Advertising Platforms
Under the Canada Elections Act, certain online platforms (i.e., websites or online applications) that sell ad space, directly or indirectly, for election advertising are required to maintain an ad registry.
Election advertising means the transmission to the public during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, and includes taking a position on an issue with which a registered party or candidate is clearly associated (without identifying the party or candidate).[1]
The requirement to establish an ad registry applies to online platforms only when the following monthly visit thresholds are reached: three million for sites chiefly in English, one million for sites chiefly in French and 100,000 for other languages.
Each entry in the ad registry must include an electronic copy of the election advertising message, as well the name of the person who authorized the election advertising message, and must be kept for two years after the election. Following this two-year period, online platform operators or owners must keep the registry information related to that ad for an additional five years.
It is an offence under the Canada Elections Act to fail to create and maintain an ad registry, including failing to keep registry information for the required amount of time.
Prohibition on Sale of Advertising Space to Foreign Actors
Entities including broadcasters, radio stations and online platforms are prohibited under the Canada Elections Act from selling advertising space to a foreign actor for the purpose of enabling election advertising.
A foreign actor includes:
- Anyone who is not a Canadian citizen or permanent resident;
- Corporations or entities organized outside Canada that do not carry on business in Canada or if one of the primary activities that it carries on in Canada consists of doing anything to influence voters to vote for a particular candidate, potential candidate, registered party or eligible party;
- Trade unions that do not hold bargaining rights for employees in Canada;
- Foreign political parties; and
- Foreign governments or an agent of a foreign government.
