Blackout Period

What is the blackout period?

The blackout period is a ban on election advertising and the transmission of election survey results that have not previously been transmitted to the public enforced on election day.  

When is the blackout period?

The blackout period starts at 12:00 a.m. on polling day and continues until the close of the polls in that electoral district (CEA s. 323).

What does a blackout prohibit?

As per the CEA:

-        No person shall knowingly 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 (CEA ss. 328 (1)).

-        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 (CEA ss. 328(2)).

Can canvassing take place during blackout?

Yes, canvassing as well as passing out pamphlets is allowed on polling day providing it does not take place at a polling site (CEA s. 324, 166(1)(a)).

Is it permissible to display election signs during the blackout period?

The prohibition on election advertising during the blackout period does not apply to the posting of messages on signs, posters or banners.

However, no person shall display in a polling place or on its exterior surface any material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot or to the election of a candidate.

Can a candidate keep their website up and running on polling day?

Candidates can keep their websites up and running on polling day. If sending out messages during the blackout period to supporters to remind them to vote, candidates must ensure that the content of the messages are the same as messages that were previously sent out before the blackout (CEA s.324).

What other activities are permitted during the blackout period?

The following activities are not election advertising under the CEA and therefore are permitted during the blackout period:

-        The transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

-        The distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

-        The transmission of a document directly by a person or a group to their members, employees or shareholders;

-        The transmission by an individual of his or her personal political views on a non-commercial basis on the Internet; and

-        The making of telephone calls to electors only to encourage them to vote.

Can one publish the results of the vote before the polls close in the western time zones on the Internet, Twitter, Facebook or a blog?

Yes. It is no longer an offence as section 329 of the CEA has been repealed.