Referendum Act (S.C. 1992, c. 30)

Marginal note: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.

Marginal note: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.

• Marginal note:Free time not commercial time

  (2) Notwithstanding subsection 21(1), the Broadcasting Act, any regulations made under that Act and any conditions of a licence of a network operator, free broadcasting time shall not be considered to be commercial time.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Decision binding

  (5) A decision under subsection (3) is final and binding on the registered referendum committee and on the network operator.

Marginal note: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.

• Marginal note: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).