Legislation and Third Party Advertising

A third party advertisement is an advertisement in any broadcast, print, electronic or other medium that promotes, supports or opposes a candidate, or a “yes” or “no” answer to a question on the ballot. Advertisement includes traditional ads as well as materials such as brochures or signs. 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 Monday, May 2, 2022, and Monday, October 24, 2022.

What is not a Third Party Advertisement?

Activities that do not involve spending money, such as discussions or expressing an opinion about a candidate (or an answer to a question on the ballot) are not considered to be third party advertising. Examples include:

• speaking to friends and neighbours;
• posting on social media, such as Twitter, Facebook or Instagram;
• sending an email to a group or mailing list

Internal communications from an employer to their employees, a corporation to its shareholders, directors, members or employees or by a trade union to its members or employees are not considered to be third party advertising.

Advertising about an issue, rather than a candidate or a “yes” or “no” answer to a question on the ballot is not considered third party advertising. For example, signs saying “Support local businesses” or “Keep the waterfront green” would not be third party advertising, even if a candidate has made those issues part of their campaign.

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 on Monday May 2, 2022, at 8:30 am by appointment only. The last day to register as a Third Party Advertiser is Friday, October 21, 2022.

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.

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.

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 Monday May 2, 2022, at 8:30 am. The Notice of Registration may not be faxed, mailed or emailed, as an original signature is required. The last day to register as a Third Party Advertiser is Friday, October 21, 2022.

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 Form
• 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.

Notices of Registration may be filed during regular office hours at the City Clerk’s Office as of Monday, May 2, 2022, at 8:30 am. The deadline for an individual, corporation or trade union to submit a Notice of Registration is Friday, October 21, 2022, at 4:30 pm.

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 for a full term of office, 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 January 3, 2023. 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.

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 January 3, 2023
• 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;
• June 30, 2023, in the case of a regular election; or
• six months from the 45^th 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 Initial Financial Statements - Friday, March 31, 2023, at 2 pm
• Supplementary Financial Filing - Friday, September 29, 2023, at 2 pm

Registered third parties are responsible for filing a complete and accurate financial statement by Friday, March 31, 2023, at 2 pm. The statement covers the period from the day the registered third party filed their Notice of Registration until January 3, 2023.

A registered third party must notify the City Clerk, in writing, of any Court extension by 2 pm on Friday, March 31, 2023. Penalties will commence at 2:01 pm on Friday, March 31, 2023.

The final date for registered third parties, who extended their campaign, to file their supplementary financial statement is Friday, September 29, 2023, 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 29, 2023. Penalties will commence at 2:01 pm on Friday, September 29, 2023.

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.

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.

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.

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.