Elections Canada, the independent non-partisan electoral body in Canada, became the subject of a swathe of criticism when news broke that it considers climate change a partisan issue. 

CBCreported that “an Elections Canada official told groups in a training session earlier this summer that since Maxime Bernier, the leader of the People’s Party of Canada, has expressed doubts about the legitimacy of climate change, any group that promotes it as an issue in its paid advertising could be considered partisan and might need to register as a third party with Elections Canada.”

What is Issue advertising?

As explained by Election Canada, “Issue advertising is the transmission of a message to the public during an election period that takes a position on an issue with which a candidate or registered party is associated, without identifying the candidate or party in any way.” 

What is Partisan Advertising?

An advertisement that “promotes or opposes a political actor, including a party or a candidate.”

The Law

If any group carries out paid advertisement exceeding C$500 on a partisan issue during the pre-election or election period, they are required to register as third parties with Elections Canada. This time, the pre-election period started on the 30th of June and will run until the day before the general election is called.

There is fear among environmental charities that this could make them lose their charity status. Tim Gray, Executive Director of the advocacy group Environmental Defence, explains that “registering as a third party is onerous for groups like his and could draw unwanted attention from the Canada Revenue Agency, which prohibits charities from engaging in partisan activity if they want to maintain their tax-exempt status.”

In an effort to quell the outrage, Stephane Perrault, Canada’s Chief Electoral Officer, issued a statement to clarify the law. He stated: “The rules in the Act on issue advertising that is clearly associated with a party do not cover other advocacy activities and communications, such as sending emails or text messages, having a website, canvassing door-to-door or giving media interviews.”

Canada is set to hold its general election on October 21st this year and climate change has emerged as a top-tier issue.