2The following definitions apply in this Regulation.
“Act” means the Referendum Act.(Loi)
“broadcasting undertaking” means a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada).(entreprise de radiodiffusion )
“chief financial officer” means a referendum advertiser’s chief financial officer appointed in accordance with section 8.(directeur financier)
“corporation” means any entity incorporated under the laws of the Province and any incorporated entity having its head or other office or doing business or any part of its business in the Province.(personne morale)
“group” means a group of individuals or corporations acting in consort for the purpose of promoting or opposing, directly or indirectly, an answer to a referendum question and includes a trade union, a registered political party, a registered district association or any combination of individuals, corporations, trade unions, registered political parties or registered district associations.(groupe)
“referendum advertiser” means
(annonceur référendaire)
(a)
an individual or corporation that incurs referendum expenses,
(b)
a group of individuals or corporations that incurs referendum expenses, or
(c)
any other group carrying on business or conducting its activities within the Province and that incurs referendum expenses.
“referendum advertising” means a message transmitted to the public by any means during a referendum period that promotes or opposes an answer to the referendum question, but does not include the following:
(publicité référendaire)
(a)
the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news if
(i)
they are published in the same manner and under the same standards as prevail outside a referendum period, without payment, reward or promise of payment or reward, and
(ii)
the newspaper or other periodical is not established for the purpose of the referendum or with a view to the referendum;
(b)
the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if it was planned that the book be made available to the public regardless of whether there was a referendum;
(c)
the transmission of a document directly by a person or a group to its members, employees or shareholders, as the case may be; and
(d)
the transmission by an individual, on a non-commercial basis, of his or her personal political views via the Internet.
“referendum advertising contribution” means money, a service or other property contributed to a referendum advertiser to support its referendum advertising, but does not include the following:
(contribution à la publicité référendaire)
(a)
the donation by an individual of his or her personal services, talents or expertise or of the use of his or her vehicle and the product of that donation, if it is given freely and not as part of work provided by the individual in the service of an employer;
(b)
a loan granted for the purpose of referendum advertising at the current rate of interest in the market at the time it is granted; and
(c)
the use of time on radio or television or advertising space in a newspaper, periodical or other printed matter made available free of charge by a broadcasting undertaking or publisher of a newspaper, periodical or other printed matter, if the service is offered on an equitable basis, qualitatively and quantitatively, to all referendum advertisers.
“referendum expenses” means an amount paid, a liability incurred or the value of a non-monetary contribution accepted and used by or on behalf of a referendum advertiser for the purpose of promoting or opposing, directly or indirectly, an answer to a referendum question including
(dépenses référendaires)
(a)
the cost of producing or transmitting referendum advertising,
(b)
the cost of acquiring the services of any person, including remuneration paid to the person, and
(c)
the cost of acquiring meeting space, providing refreshments and acquiring and distributing promotional material,
(d)
the reasonable expenses incurred by a person, out of his or her own money, for his or her own lodging, food or transportation during a journey for referendum purposes, if the expenses are not reimbursed to the person, and
(e)
the reasonable expenses incurred for the publication of explanatory commentaries on the
Referendum Act or the
Municipal Elections Act and instructions issued under their authority, if the commentaries are strictly objective and contain no statements of a nature to support or oppose an answer to a referendum question.
“referendum period” means the period commencing on the day the order for a referendum is made under section 7 of the Act and ending on the ordinary polling day of the referendum.(période référendaire)
“registered district association” means a district association that has been registered pursuant to section 135 of the Elections Act.(association de circonscription enregistrée)
“registered political party” means a political party that has been registered pursuant to section 133 of the Elections Act.(parti politique enregistré)
“trade union” means a trade union as defined by the Industrial Relations Act and the Canada Labour Code (Canada) that holds bargaining rights for employees in the Province to whom those Acts apply.(syndicat)