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Legislation and Third Party Advertising

Legislation

All Municipal Elections in Ontario are governed by the Ontario Municipal Elections Act.

The City Clerk’s Municipal Elections Procedures guide some of the specifics in the Kawartha Lakes Municipal Election not specified in the Municipal Elections Act.

The Election Sign By-law for Kawartha Lakes is found at the link here.

The Kawartha Lakes Use of Corporate Resources during an Election Policy instructs City staff, candidates, and existing members of Council as to their conduct and use of corporate resources during the election. Trillium Lakelands District School Board has a similar policy for school board staff and trustees. .

The Municipal Election Recount Policy guides the Returning Officer in the event of a close vote.

Municipalities in Ontario must act within the authority of the Municipal Act, as well as other Ontario Laws (Planning Act, Drainage Act, Assessment Act, Conservation Authorities Act, etc.).

All elected officials in Ontario shall adhere by the Ontario Municipal Conflict of Interest Act.

Commonly referred to by-laws for the City of Kawartha Lakes can be found on the By-laws section of our website.

Third Party Advertising

New for the 2018 Municipal Election is the requirement for all Third Party Advertisers to register with the Office of the City Clerk. Please review the information below and the Ministry of Municipal Affairs Guide to Third Party Advertisers.

 Becoming a Third Party Advertiser

Ontario residents, corporations and trade unions that will incur expenses for advertisements related to the promotion, support or opposition of a candidate, or take a position on a “yes” or “no” question on the ballot, in any broadcast, print, electronic, or other medium must register as a third party advertiser. They can begin filing their Notice of Registration (Form 7) on Tuesday, May 1, 2018, at 8:30 am.

 Who can Register as a Third Party Advertiser

Only the following persons and entities are eligible to file a notice of registration:

  • An individual who is normally a resident in Ontario.
  • A corporation that carries on business in Ontario.
  • A trade union that holds bargaining rights for employees in Ontario.
 Who cannot Register as a Third Party Advertiser

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.
 How to Register as a Third Party Advertiser

An individual, corporation or trade union may register as a third party by filing the Notice of Registration - Third Party (Form 7) at the Kawartha Lakes City Hall or Elections Office, during regular office hours, beginning Tuesday, May 1, 2018, at 8:30 am. The Notice of Registration may not be faxed, mailed or emailed, as an original signature is required.

The individual filing the Notice of Registration will be required to present proof of identity as well as a declaration of qualification signed by the individual or by a representative of the corporation or trade union, as the case may be.

What you will need for registering:

  • A completed Notice of Registration - Third Party (Form 7)
  • A declaration of qualification signed by the individual or by a representative of the corporation or trade union, as the case may be
  • Proof of identity
  • Evidence that the Union or Corporation you represent has authorized the registration of a Third Party Advertiser

Note: Notices of Registration are public documents and are available for inspection at the City Clerk's Office.

 Third Party Advertiser Registration Period

Notices of Registration may be filed during regular office hours at the City Clerk’s Office as of Tuesday, May 1, 2018, at 8:30 am. The deadline for an individual, corporation or trade union to submit a Notice of Registration is Friday, October 19, 2018, at 4:30 pm.

 Third Party Advertiser Campaign Finances

An individual, corporation, or trade union cannot raise or spend any money on third party advertisements that will appear during an election in Kawartha Lakes 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.

 Third Party Advertiser Campaign Period

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 at the end of the campaign period a registered third party’s campaign expenses are greater than their campaign income, their campaign will be in deficit. The registered third party may take action to extend their campaign in order to do some additional fundraising.

If a registered third party’s campaign has a surplus, the registered third party must pay the surplus to the City Clerk when filing their financial statement.

 Extending a Third Party Advertising Campaign

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.

To extend a campaign, a registered third party must:

  • file a Notice of Extension of Campaign Period (Form 6) on or before December 31, 2018
  • submit the form in person to the City Clerk’s Office at City Hall during regular office hours

A campaign period will continue until the earliest of the following:

  • the deficit is erased;
  • the registered third party notifies the City Clerk in writing they are no longer accepting any contributions;
  • July 2, 2019, in the case of a regular election; or
  • six months from the 45th day after voting day, in the case of a by-election.

Registered third parties that extend their campaign must submit two financial statements by the statutory deadline dates:

  • Filing of Financial Statements - Friday, March 29, 2019, at 2 pm
  • Supplementary Financial Filing - Friday, September 27, 2019, at 2 pm
 Financial Statements

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 City 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.

 Supplementary Financial Statements

The final date for registered third parties, who extended their campaign, to file their supplementary financial statement is Friday, September 27, 2019, at 2:00 pm. The statement covers the period from the day the registered third parties filed their Notice of Registration until July 2, 2019.

A registered third party must notify the City Clerk, in writing, of any Court extension by 2 pm on Friday, September 27, 2019. Penalties will commence at 2:01 pm on Friday, September 27, 2019.

 Contributions to Third Party Advertising Campaigns

Campaign contributions are any money, goods or services that are given to a registered third party for use in their campaign, including money and goods that a third party contributes to their own campaign. Registered third parties must issue a receipt for every contribution they receive. The receipt should show who made the contribution, the date, and the value of the contribution.

The following persons and entities may make a contribution to a registered third party:

  • Any person who is a resident of Ontario.
  • A corporation that carries on business in Ontario.
  • A trade union that holds bargaining rights for employees in Ontario.
  • The registered third party and, in the case of an individual, his or her spouse.

The following persons and entities shall not make a contribution to a registered third party:

  • 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 a local board. 

Contributors may contribute a total of $1,200 to a registered third party in relation to third party advertisements that appear during an election in Kawartha Lakes. The maximum total amount that a contributor can give to third parties registered in Kawartha Lakes is $5,000.

Contributions greater than $25 may not be made in cash. All contributions above $25 must be made by cheque, money order, or by a method that clearly shows where the funds come from.

Registered third parties are required to inform each of their contributors of these contribution limits.
 Third Party Advertisements - Definition

A third party advertisement is an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing a candidate, or a “yes” or “no” question on the ballot. This does not include advertisements by or under the direction of a candidate.

All individuals, corporations and trade unions must register before incurring any expense related to third party advertisements appearing between Tuesday, May 1, 2018, and Monday, October 22, 2018.

 Mandatory Information in Third Party Advertisements

All third party advertisements must contain the following information:

  • The name of the registered third party.
  • The municipality where the registered third party is registered.
  • A telephone number, mailing address or email address at which the registered third party may be contacted regarding the advertisement.
 Mandatory Information for Broadcaster and Publishers

Registered third parties must provide the following information to the broadcaster or publisher in writing:

  • The name of the registered third party.
  • The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the registered third party.
  • The municipality where the third party advertiser is registered.

Broadcasters and publishers are prohibited from running a third party advertisement unless the above-noted information is provided.

The broadcaster or publisher of a third party advertisement is required to retain the following information for a period of four years after the date the advertisement appears:

The mandatory information that is required for broadcasters and publishers (the name of the registered third party; the municipality where they are registered; and the contact information for the person who deals with the broadcaster or publisher);

  • A copy of the advertisement, or the means of reproducing it for inspection; and
  • A statement of the charge made for its appearance.
  • The broadcaster or publisher must also permit the public to inspect these records during normal business hours.
 Municipal Authority to Remove Unauthorized Third-Party Advertisements

Kawartha Lakes City Clerk or Municipal Law Enforcement may require the following to remove or discontinue the advertising of unauthorized Third Party Advertisers:

  • A person who has contravened the provision for third-party advertising who caused or permitted the contravention
  • The owner or occupier of the land on which the contravention occurred.

Third Party Advertisers 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.

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