Election - municipal - media coverage - Are any limitations imposed on broadcasting reporting during a municipal election?

The Municipal Elections Act, 1996 is silent on this point. However, political broadcasting is regulated by the Canadian Radio-Television and Telecommunications Commission. During an election period, a licensee shall allocate time for the broadcasting of programs, advertisements or announcements of a partisan political character on an equitable basis to all accredited political parties and rival candidates represented in the election or referendum.

Election period, as defined in the CRTC regulations, means

(a) in the case of a federal or provincial election or of a federal, provincial or municipal referendum, the period beginning on the date of the announcement of the election or referendum and ending on the date the election or referendum is held, or

(b) in the case of a municipal election, the period beginning two months before the date of the election and ending on the date the election is held.

While the term "partisan political character" as noted above would imply broadcasts related to political parties, which, in Ontario operate only at the provincial and federal level, these regulations might be interpreted in a court of law as being applicable to municipal elections.

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While the foregoing response is derived primarily from Ontario legislation, practices and procedures, many of the principles will be applicable in other Canadian jurisdictions. In no circumstances should the information and advice given be construed as a legal opinion.

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