PROC Committee Report

APPENDIX B

331 (1) No person or entity shall, inside or outside Canada, during an election period, unduly attempt to influence electors to vote or refrain from voting or vote or refrain from voting for a particular candidate or registered party unless the person is

1. an individual who legally resides in Canada;
2. a Canadian citizen; or
3. a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

(2) For the purposes of subsection (1), an attempt to influence electors is undue where

1. the person or entity incurs any expense to directly promote or oppose a candidate, a registered party or its leader, except where the incurring of the expense is expressly permitted under this Act;
2. manifestly false information is produced or transmitted with the intent of causing serious confusion and to influence the exercise of an elector’s vote; or
3. the manner used to attempt to influence electors includes an act or omission that contravenes a provision of this Act or of any other Act of Parliament.

(3) Except as provided in subsection (2), subsection (1) does not apply

1. to the expression of an individual’s personal opinion about the outcome of an election, including by directly inviting electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party; or
2. subject to section 330, to the production and transmission to the public of editorial content or news, regardless of any expense incurred.

(4) No person or entity, in or outside Canada, shall act in collusion with another person or entity for the purpose of contravening subsection (1).