HomeMy WebLinkAboutThird Party Advertiser Reference Manual #1Third Party Advertiser
Reference Manual #1
Reference Manual #2 will be available on or before September 25, 2018
2018 Municipal Election
ŷĻ źƓŅƚƩƒğƷźƚƓ ğƓķ ƦƩƚĭĻķǒƩĻƭ ƦƩƚǝźķĻķ źƓ Ʒŷźƭ ķƚĭǒƒĻƓƷ ğƩĻ ƭǒĬƆĻĭƷ Ʒƚ ĭŷğƓŭĻ ğƷ ƷŷĻ
ķźƭĭƩĻƷźƚƓ ƚŅ ƷŷĻ /źƷǤ /ƌĻƩƉ
T A B L E O F C O N T E N T S
SUBJECTPAGE
A. Introduction
1. General ................................................................................................. 3
What is Third Party Advertising.. 3
Qualifications 3
2. Important Dates .................................................................................... 4
3. Corporate Resources Policy ................................................................. 4
B. Registration Procedures ............................................................................ 6
C. Campaign Information
1. Election Campaign Finances ................................................................ 6
6
6
2. 7
3. Prohibition - Canvassing in Voting Places ............................................ 8
D. General Information
1. Communications ................................................................................... 9
2. Advance Votes ...................................................................................... 9
3. Elector Notice ........................................................................................ 9
4. Voting Places ........................................................................................ 9
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INTRODUCTION
(PART A)
1. GENERAL
What is Third Party Advertising?
Third party advertising during a municipal election is regulated for the first time in 2018 under
the Municipal Elections Act, 1996. 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 question on the ballot. To ensure compliance and for more
information on the legislation regarding third party advertising, refer to the Municipal Elections
Act, 1996, here.
Note: Candidates may not direct a registered third party advertiser.
The information in this guide has been prepared to assist persons intending to display or
produce advertisements for municipal elections. It is intended only as a guide to certain
relevant legislation and does not provide all applicable statutory references. Each third
party advertiser is responsible for ensuring the individual, corporation or trade union, is
compliant with all statutory requirements. Thus, third party advertisers must review and
become familiar with the Municipal Elections Act, 1996, as amended, which can be
downloaded from the provincial web site, here.
A Third Party Advertiser Guide 2018 Municipal Election prepared by the Ministry of Municipal
Affairs will be available on the Ministry of Municipal Affairs & Housing website, here.
Qualifications:
You may register as a third party advertiser if you meet one of the following qualifications:
An individual who is normally resident in Ontario
A corporation that carries on business in Ontario
A trade union that holds bargaining rights for employees in Ontario
You are may not register as a third party advertiser if you are:
A candidate whose nomination has been filed under section 33 of the Municipal
Elections Act, 1996
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
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2. IMPORTANT DATES - 2018 MUNICIPAL ELECTION
May 1 October 19, 2018
The period when a third party advertiser may register in Legislated Services, City Hall
(8:30 a.m. to 5 p.m. daily when the office is open to the public).
September 7, 2018
First day for placing elections signs.
October 10-13, 2018
Advanced poll days.
October 22, 2018
Voting Day Voting places are open 10am-8pm.
October 25, 2018
By 11:59pm;
o Removal of all election signs.
December 31, 2018
Campaign period for registered third party advertisers end.
March 29, 2019
Financial statement filing deadline for registered third party advertisers.
April 29, 2019
By 2pm;
o Late financial statement filing deadline for registered third party advertisers.
o Late financial filings must be accompanied by the $500 late filing fee.
3. USE OF CORPORATE RESOURCES FOR POLITICAL CAMPAIGN PURPOSES
Use of any Corporate Resources or City facilities by candidates and registered third parties for
any election related material is strictly prohibited. This includes the City of Kitchener corporate
crest and clock tower logo, which is protected under the Copyright Act. The reason for this
prohibition is to remove any suggestion that the Corporation of the City of Kitchener supports or
otherwise endorses any campaign material or statements made by candidates. Any disregard of
this prohibition will be acted upon by the Corporation and could result in legal action. The policy is
available here.
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REGISTRATION PROCEDURES
(PART B)
The Municipal Elections Act, 1996, as amended, provides that a third party advertisers campaign
period begins on the day the individual, corporation, or trade union registers with the municipality.
Third party advertisers cannot spend or raise money for their campaign until a registration
form is filed. Information on the legislation regarding registration qualifications and the
registration process can be found here
A blank Notice of Registration - Form 7 and a separate Declaration of Eligibility are available on
the City of Kitchener Website, the details of filing a registration are explained below:
1) All registrants must provide photo identification.
2) All registrants must provide proof of qualifying address.
3) Registrations can only be made using the prescribed form and signed by the third party
advertiser registering. Registration forms must be filed in the Legislated Services, 2nd floor,
City Hall, 200 King Street West, Kitchener:
a) During the hours 8:30am to 5pm on any day from May 1 to Oct 19, 2018 when the
office is open to the public.
4) Facsimile transmissions, emailed or mailed-in registration forms are not permitted.
5) A completed Declaration of Eligibility form is required when filing a registration.
6) The onus is on the individual, corporation or trade union registering as a third party
advertiser to file a bona fide registration paper.
7) If satisfied that a third party advertiser is qualified to register and that the registration complies
with the Act, the Clerk shall certify the registration by signing the registration paper.
8) If not satisfied that a third party advertiser is qualified to register or that the registration
complies with this Act, the Clerk shall reject the registration. The Clerk will then give notice of
such rejection to the individual, corporation or trade union who sought to be registered.
9) The Municipal Elections Act, 1996 provides that the Clerk's decision to certify or reject a
registration is final.
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CAMPAIGN INFORMATION
(PART C)
It is very important that third party advertisers understand and comply with the Act especially with
the responsibilities and obligations related to advertising, campaign finances and reporting.
Please refer to the Municipal Elections Act, 1996 for the duties of a third party advertiser, here.
Third party advertisers cannot spend or raise money until their registration is filed.
1. ELECTION CAMPAIGN FINANCES
Expenses:
When a registration is filed in Legislated Services, the person filing will provided a certificate of
the preliminary permitted amount of expenses. Third party advertisers must track all campaign
expenses. Third party advertisers cannot exceed the maximum permitted expense and
contribution limits for their campaign.
The certificate will provide the maximum amount the third party advertiser may incur in
expenses for their campaign and it will be based on the following formula as of Nomination
Day 2014:
The lesser of $25,000, or:
5,000 + $0.05 x (# of electors entitled to vote in that municipality)
The certificate will be reissued on or before September 25, 2018 if the number of electors as of
September 15, 2018 is greater than the number of electors on Nomination Day in 2014. Along
with the certificate above, you will also receive a certificate indicating the maximum amount
you may spend on parties or expressions of appreciation after Voting Day.
Contributions:
Money, goods and services given to or accepted by or on behalf of a person to a third party
advertiser are contributions. This can occur only after the individual, corporation or trade union
intending to display election advertisements has been registered. Contributions cannot be
made to a third party advertiser unless the individual, corporation or trade union is a registered
third party advertiser. No contributions can be made/accepted outside the registered third party
Third party advertisers must track all contributions and
campaign income.
The following can make contributions to registered third party advertisers:
An Ontario resident.
A corporation or trade union that operates in Ontario.
The registered third party, in the case of an individual, his or her spouse.
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The following cannot make contributions to registered third party advertisers:
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
Registered third party advertisers must inform contributors of the contribution limit. The
contribution limits to registered third party advertisers are as follows:
$1200 to any single registered third party advertiser.
A total limit of $5000 to two or more registered third party advertisers in the same
municipality.
The above contribution limits do not apply to contributions the registered third party or their
spouse contributes to the registered third party advertisers own campaign.
2. ELECTION SIGNS WITHIN THE CITY OF KITCHENER
There are requirements for advertisements produced by a third party advertiser. To view the
requirements for third party advertiser election advertisements view the Municipal Elections
Act, 1996, here.
The City of Kitchener sign By-law regarding elections signs (Article 9) can be found here. The
earliest date for placing election signs is September 7, 2018.
It is important to note that the City will not get involved in determining who or what type of sign
(business or election sign) is to be displayed on a property, other than to advise if a pre-
approved location is available. All decisions of this nature must be dealt with by the property
owner and their tenants.
Please be advised that it is the intent of our office to ensure compliance with the provisions
relating to election signs, fairly and consistently to the best of our ability.
In the event that a si-
law, it is the intention of this office to contact your campaign office and request that the sign be
removed or relocated as soon as possible. If you fail to comply with our request, City staff
reserve the right to enforce the provisions of the legislation and By-law, which can include
removing the signs and/or initiating legal action.
However, in the event that a sign is found to be creating a safety hazard in any way, it is
important to note that City staff reserve the right to remove the sign immediately.
Note: The Regional Municipality of Waterloo By-law regulates what is and is not permitted in
regard to roads within the City of Kitchener boundary which are under the jurisdiction of the
Regional Municipality of Waterloo. For further information see the regional sign By-law here, or
call 519-575-4591.
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3. PROHIBITION - CANVASSING IN VOTING PLACES
Section 48 of the Municipal Elections Act, 1996 provides that:
While an elector is in a voting place, no person shall attempt, directly or indirectly, to
influence how the elector votes.
No person shall display a candidate's election material or literature in a voting place.
Note: In most cases, a Voting Place will include the entire property not just the building
(e.g.parking lot, walkway, garden, etc.). This applies to advance voting locations as well as voting
locations on Election Day.
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GENERAL INFORMATION
(PART D)
1. COMMUNICATIONS
Unless specified under the Municipal Election Act, 1996 the preferred method of communicating
ongoing information between Legislated Services and registered third party advertisers is via
email. Please ensure that your email address is provided to this office. For election inquiries,
please email ElectionCampaigning@kitchener.ca
2. ADVANCE POLLS
Wednesday, October 10 Friday, October 12, (2:00 8:00 p.m.) and Saturday, October 13,
2014 (10:00 a.m. 2:00 p.m.) at the locations listed below:
Kitchener City Hall, 200 King Street W
Sportsworld Arena, 35 Sportsworld Crossing Rd
Stanley Park Community Centre, 505 Franklin St N
Country Hills Community Centre, 100 Rittenhouse Rd
Forest Heights Community Centre, 1700 Queens Blvd
St Johns Community Kitchen, 97 Victoria St N
th
o 10am 2pm on Thursday, October 11 only
The Ray of Hope Community Centre, 659 King St E
th
o 2 8pm on Thursday, October 11 only
3. ELECTOR NOTICE
Sometime before the date of the first advance vote, Kitchener electors will be notified by mail of
the location and hours of operation of the voting place at which they are entitled to vote.
4. VOTING PLACES
A
Note: Polling subdivisions and locations in 2018 may be different from 2014
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