Third Party Advertisers
April 1, 2018 New rules come into effect
May 1, 2018 Accept filings for registration for third-party advertising
September 25, 2018 Issue Certificate of Maximum Campaign Spending Limits to third party advertising registrants
October 19, 2018 Last day for third party advertisers to register at Clerk's Office when open
December 31, 2018 Campaign Period Ends - Deadline for third party advertisers to provide Clerk with written notification of deficit and continuation of campaign period
An advertisement in any medium that has the purpose of promoting or supporting or opposing a candidate(s) or a 'yes' or 'no' to a question on a ballot.
Does not include:
- An advertisement by and under the direction of a candidate;
- Where no expenses are incurred by the person/entity in relation to the advertisement;
- When given or transmitted by an individual to employees, by a corporation to its shareholders, directors, members or employees or by a trade union to it's members or employees.
Advertising that does not cost money to post or to broadcast, such as comments made on social media, will not be considered to be third party advertising.
Individuals, corporations or trade unions are eligible to register as a third party advertiser provided that they have formally registered with the local Clerk as a third party advertiser.
Registrations can be accepted by the Clerk, or a designate, between the 1st day for filing nominations - May 1, 2018, and the Friday before Voting Day in a regular election - October 19, 2018. There is no registration fee for third party advertising, but the Clerk must examine the registration and then certify the notice of registration if deemed compliant, or reject the registration.
The following are not permitted to register:
- Municipal election candidates;
- Federal and Provincial political parties, constituency associations, registered candidates and leadership contestants;
- Federal and Provincial government, a municipality or local board.
If third party advertisers want to advertise in more than one municipality, they will have to register in each municipality.
No individual, corporation or trade union is permitted to incur expenses for a third party advertisement that appears during the restricted period unless they are a registered third party. Restricted period is the date registration is filed and ends at the close of voting on Voting Day.
Contributions by corporations and trade unions to candidates are banned, however, corporations and trade unions can contribute to third party advertisers. Money, goods and services are considered contributions.
The following are permitted to contribute:
- An individual who is normally a resident of Ontario;
- A corporation that carries on business in Ontario;
- A trade union that holds bargaining rights for employees in Ontario; and
- The registered third party and in the case of an individual, his or her spouse (subject to s.88.12(5)).
- Cannot be made or accepted unless registered as a third party
- Maximum contribution from a single contributor is $1,200 to a registered third party and $5,000 to two or more registered third parties in a municipality.
These contribution limits do not apply to the registered third party if the contribution is made by themselves and the same for an individual third party advertiser, along with his or her spouse.
- Subject to maximum expense limit (prescribed formula based on the number of electors entitled to vote);
- Required to record expenses and file a financial statement.
A fundraising function relating to third party advertisements that are to appear during an election cannot be held for an individual, corporation or trade union that is not registered as a third party in a municipality and cannot be held outside the campaign period.
The third party advertiser must be registered at the time of the advertisement.
The ad must contain the following:
- Name of registered third party;
- The municipality where the third party is registered;
- A telephone number, mailing address or email address at which the third party may be contacted regarding the advertisement.
A registered third party is not permitted to allow a third party advertisement to appear during the restricted period unless the broadcaster/publisher has been provided the following in writing:
- Name of the registered third party;
- Municipality where third party is registered; and
- Name, business address and telephone number of individual under direction of registered third party.
The broadcaster/publisher retains records with respect to the above, copy of the advertisement/means of reproducing it and the cost. They must retain the record for four years after the date of the appearance of the advertisement and permit inspection during normal business hours.
A municipality may require the following to remove to discontinue the advertising:
- A person who has contravened the provisions for third party advertisers or caused/permitted the contravention;
- The owner or occupier of the land on which the contravention occurred.
Third party advetisers are required to identify themselves on campaign advertisements and signs, so that it is clear who is responsible for each sign and advertisement that appears or is broadcast. There is no spending cap on signs.
Please monitor our website as we continue to post information regarding the 2018 Municipal Election. If you have any questions, please contact the municipal office at 705-474-0400, or by email at email@example.com.