NOTICE - Broadcasters and Publishers Information Sheet 

THIRD PARTY ADVERTISING
Ontario residents, corporations and unions that will incur expenses for advertisements can register as third party advertisers and can also make contributions to third party advertisers.  Third party advertisers will need to register with the municipality where they want to advertise.  If they want to advertise in more than one municipality, they have to register with each municipality.

Registration allows a third party advertiser to promote or oppose any candidate that the electors in the municipality can vote for (local council, school board trustee positions and regional or county council offices).  Posters, signs, publications, etc., promoting or opposing candidates are “third party advertisements”.

Third party advertising must be done independently of candidates, who are not able to direct a third party advertiser.  Candidates are not able to register as third party advertisers.

Key Dates:

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.

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 trde 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)).

Contributions:

  • 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.

Expenses:

  • 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.

Persons and entities that are not eligible to file a notice of registration include:

  • A candidate whose nomination has been filed under section 33.
  • A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party.
  • A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act. The Crown in right of Canada or Ontario, a municipality or local board.

Notice for Registration shall be filed with the Clerk from the first business day of May in 2018 (first day for filing Nominations) to Friday, October 19, 2018 (the Friday before voting day) during regular office hours in the following manner:

• in person or by an agent
• no faxed or other electronically transmitted registration notices will be accepted – original signatures required
• with proof of identity as prescribed in O. Reg. 304/13, as amended
• with the acknowledgement of qualification, signed by the individual or by a representative of the corporation or trade union
• a resolution from the corporation or trade union that authorizes the person or agent to register on their behalf, if applicable.

The Clerk shall provide the Acknowledgement of Qualifications and the Notice for Registration to the individual or to the representative of the corporation or trade union. The date and time of filing are to be filled in by the Clerk and initialled by the individual or by a representative of the corporation or trade union. The Clerk will then sign the Notice for Registration.

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.

An individual, corporation, or trade union cannot raise or spend any money on third party advertisements that will appear during an election in the Township of Algonquin Highlands until they have registered as a third party and opened a bank account exclusively for the purposes of the election campaign. Registered third parties are responsible for keeping records of the financial activities related to their campaign and are required to keep these records until November 15, 2022, when the next council or school board takes office.

The campaign period for a registered third party begins on the day their Notice of Registration is filed and ends on December 31, 2018. On this date, the registered third party's campaign is automatically closed. Registered third parties cannot accept any contributions or incur any expenses after the end of the campaign period. If a registered third party has a deficit at the end of the campaign period, they can extend their campaign for an additional six months to attempt to erase the deficit.

Registered third parties are responsible for filing a complete and accurate financial statement by Friday, March 29, 2019, at 2 pm. The statement covers the period from the day the registered third party filed their Notice of Registration until December 31, 2018. A registered third party must notify the Clerk, in writing, of any Court extension by 2 pm on Friday, March 29, 2019. Penalties will commence at 2:01 pm on Friday, March 29, 2019.