Are You Compliant With The Canada Elections Act? New Changes Mean Entities Ought To Be Careful In Assessing Their Obligations

The upcoming federal election is drawing near. You may be thinking about exercising your democratic and constitutional right to vote - you may not be. You may never even consider participating in the democratic process; after all, it is a right, not an obligation, correct? Well, yes, though recent amendments to the Canada Elections Act ("the Act") are forcing many entities to be mindful of the political arena.

While recent amendments to the Act do not obligate anyone to vote, they certainly provide for legal considerations for those who have things to say in relation to policy issues during what the Act terms as the "pre-election period" and the "election period". The "pre-election period" began on June 30, 2019 and continues until the "election period", which begins when the federal government drops the writ in advance of an anticipated election date of October 21. The latest date the federal government can begin the election period is September 15, 2019.

Recent amendments to the Act provide four newly regulated activities (emphasis added):

Partisan Activity: an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party a person or group other than a political party that is registered under an Act of a province and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. It does not include election advertising, partisan advertising or a fundraising activity. Election Surveys: a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. Partisan Advertising: the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. Election Advertising: means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or...