2018 Municipal Election Third Party Advertiser Guide


This guide is intended to provide information specific to the City of Belleville in order to supplement the 2018 Guide for Third Party Advertisers – Ontario municipal council and school board elections,

prepared by the Ministry of Municipal Affairs and  Housing.   You are encouraged to read the Provincial guide available at http://www.mah.gov.on.ca/AssetFactory.aspx?did=19841.

If you have any questions, please contact the City Clerk’s Office during normal business hours:

Matt MacDonald, City Clerk

Telephone: 613-967-3256

Email: mtmacdonald@city.belleville.on.ca

If there are any discrepancies between the information provided in this document and the Municipal Elections Act, the Municipal Elections Act will prevail.

 

General

The Municipal Election Act has been amended to regulate third party advertising for the first time. 

It will be an offence for any third party advertiser to incur any expense on third party advertising during the municipal election period if they are not registered with the City Clerk of the specific municipality where the third party advertising is occurring.

Third party advertising is any broadcasted message in any medium (billboard, sign, print, radio, TV, etc.) that supports or opposes a candidate or any “yes-or no” questions on the election ballot.  Third party advertisers must act independently.  They cannot be directed by the candidate.

Note:  Third party advertising does not include social media or public outreach by advocacy groups during the municipal election period. 

Who is eligible to file a registration as a third party advertiser and contribute to third party advertising

 

  • An individual who is normally a resident of Ontario
  • Corporations that conduct business in Ontario
  • Unions that have bargaining rights for employees in Ontario

Who is NOT eligible to be a third party advertiser and NOT eligible to contribute to third party advertising

 

  • A registered candidate of the municipal election
  • A Federal political party, association or registered candidate
  • A Provincial political party, association or registered candidate
  • The Crown
  • A municipality or Local Board

 

How and when can third party advertisers file a notice of registration

Registrations may be accepted commencing on May 1, 2018 until October 19, 2018 at such hours as the City of Belleville Clerk’s office is open. (Monday to Friday, 8:30am to 4:30pm).   A third party advertiser shall be registered prior to placing any advertisements as well as raising campaign funds or incurring expenses.

A notice of registration may only be filed with the Clerk of a local municipality.  A third party advertiser or agent of the third party advertiser must file the registration form in person and will be required to provide  Government issued photo identification and complete a Freedom of Information (FOI) Release form.   A person who is filing a third party advertiser registration form on behalf of a corporation or a trade union must provide written authorization, satisfactory to the City of Belleville Clerk, that they are authorized to act on their behalf.

If an agent is filing the registration form on behalf a third party advertiser, the third party advertiser’s agent must provide the City of Belleville Clerk with written authorization, sworn before a commissioner,  from the third party advertiser authorizing them to submit the registration form.  The agent must also provide a copy of the third party advertiser’s identification (if an individual), as well as providing their own identification.  If the written authorization from the third party advertiser is not commissioned prior to filing, the City of Belleville Clerk will not accept the documentation. 

Registration forms and any other papers filed by facsimile transmissions, mailed-in, or transmitted in any other manner will not be accepted.

Note:  The City of Belleville Clerk will endeavour to certify Third Party Advertiser Notice of Registration forms (Form 7) within 2 business days after receipt of all documentation acceptable to the Clerk.   It is the responsibility of the third party advertiser to ensure they meet all the qualifications and file proper documents.   Since the City Clerk can potentially examine registration forms after the registration period has ended, a third party advertiser may find that, if their papers have been rejected, they are too late to file additional information needed for the registration form (Form 7) to be certified.

The decision of the City Clerk to certify or reject a registration is final.

 

What needs to be included in the advertising

  • Name of the registered third party advertiser
  • The municipality where the third party advertiser is registered
  • Telephone number, address or email where the third party advertiser can be contacted

What does the third party advertiser have to provide to the broadcaster doing the third party advertising

  • Name of the registered third party advertiser]
  • Name, address and phone number of agent/person interacting with the broadcaster on behalf of the third party advertiser

Note:  The broadcaster must retain the third party advertiser’s registration information, a copy of the advertisement or means of reproducing it and a record of payment for 4 years following the election

 

What is a third party advertisers’ spending limit

 The general spending limit for a third party’s advertising campaign is calculated based on the number of electors who are eligible to vote in the municipality where the third party advertiser is registered.  The formula to calculate the limit is $5000 plus $0.05 per eligible elector, to a maximum of $25,000.

There is a separate spending limit for expenses related to holding parties and other expressions of appreciation after the close of voting.  This spending limit is calculated as 10 percent of the amount of the maximum spending limit.

The following is the ESTIMATE OF MAXIMUM SPENDING LIMIT based on the number of eligible electors after the close of nominations during the last municipal election held in the City of Belleville:

Base amount:                                                                    $5,000.00

34,004 eligible electors X $0.05                                   $1,700.20

Preliminary Maximum Spending Limit                     $6,700.20

The final Maximum Spending Limit, based on the number of electors on the voters’ list for the current election, will be issued by the Clerk on September 25, 2018.


Additional Resources:

  • 2018 Guide for Third Party Advertisers – Ontario municipal council and school board elections

http://www.mah.gov.on.ca/AssetFactory.aspx?did=19841

  • Notice of Registration – Third Party (Form 7)

http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?OpenForm&ACT=RDR&TAB=PROFILE&SRCH=&ENV=WWE&TIT=municipal+elections&NO=017-10551P

  • Freedom of Information (FOI) Release Form

http://belleville.ca/files/FOI Release -TPA.pdf

  • Financial Statement – Auditors Report – Third Party (Form 8)

http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?OpenForm&ACT=RDR&TAB=PROFILE&SRCH=&ENV=WWE&TIT=municipal+elections&NO=017-10552P

  • Municipal Elections Act

https://www.ontario.ca/laws/statute/96m32

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