What is election advertising?

“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 the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated.

For greater certainty, election advertising does not include:

-        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, as the case may be;

-        the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views; or

-        the making of telephone calls to electors only to encourage them to vote (CEA s. 319).

 

Does the name of the official agent have to appear on advertising?

No. The Act requires that an election advertising message include the mention that its transmission was authorized by the official agent of [name of the candidate], but it does not require that the actual name of the official agent be mentioned (CEA s. 320).

 

Does all election advertising have to be authorized by the official agent?

Yes. 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 (CEA s.320).

 

What are the rules about election signs?

The Canada Elections Act does not deal with political signs outside of federal election periods. During an election, the following rules apply.

Signs on private property: apartments and condominiums

Property owners and condominium corporations do not have the right to prevent tenants from putting up election signs on the premises they lease or own in a condo or apartment building. 

However, property owners and condominium corporations do have the right to set reasonable conditions on the size and type of sign, and to prohibit signs in common areas, whether indoors or outdoors (see section 322 of the Canada Elections Act).

Signs placed without your permission

The Canada Elections Act does not affect the right of private residential property owners to control which people enter their property, or which things are placed on it. If a sign has been placed on private residential property without permission, the Canada Elections Act does not prevent a property owner from removing it. 

If you are not sure whether the sign is on private or public property, check with the municipality or other government agency.

Signs on public property

Section 325 of the Canada Elections Act states that no one may interfere with the transmission of election advertising, such as an election sign.

However:

-         Government agencies may remove signs that do not respect provincial or municipal laws, after informing the person who authorized the posting of the sign that they plan to remove it.

-         If the sign is a safety hazard, government agencies may remove it without informing the person who authorized the posting of the sign.

 

Signs that are destroyed, removed or stolen

 

Elections Canada has no jurisdiction to deal with signs that are destroyed, removed or stolen. The candidates may do the following:

 

-        Notify local police, as destruction of private property is a criminal offence; and/or

-        Send a complaint in writing to the Commissioner of Canada Elections.

 

Is candidate signage allowed at a polling place?

No person, candidate or political party shall post or display election advertising in, or on the exterior surface of, a polling place (CEA par.166 (1) (a)).

 

Who is responsible for removing campaign signs after an event?

The candidate is responsible. Removal of campaign signs is governed by regional and/or municipal by-laws and not by Elections Canada.

 

Can signs from a previous election be used in the current campaign?

Yes, a candidate can re-use old signs as long as it has been marked with "Authorized by the Official Agent of [name of candidate]”.

 

How do I make a complaint about election signs?

The Canada Elections Act only regulates election advertising, including the use of election signs, during a federal election period.

To make a complaint or allegation of wrongdoing about election signs displayed during a federal election, please write to the Office of the Commissioner of Canada Elections.