Beginning in 2018, there are rules for third party advertising in Ontario’s municipal council and school board elections.

A third party advertisement is an ad that supports, promotes or opposes a candidate, or supports, promotes or opposes a “yes” or “no” answer to a question on the ballot.

Third party in this context is a person or entity who is not a candidate. Third party advertising is separate from any candidate’s campaign, and must be done independently from a candidate.

If you wish to spend money on third party advertisements during the election you must register first with the municipal clerk, and must file a financial statement.

Eligible third party advertisers

The following are eligible to register as a third party advertiser:

  • any person who is a resident of Ontario
  • a corporation carrying on business in Ontario
  • a trade union that holds bargaining rights for employees in Ontario

Groups or businesses that are not corporations cannot register as third party advertisers. Candidates cannot register as third party advertisers.

Only registered third party advertisers may spend money on advertisements supporting, promoting or opposing candidates or answers to a question on the ballot during the municipal election.

What is not considered to be third party advertising?

Activities that do not involve spending money such as speaking with friends or posting your opinion on social media 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 to be third party advertising.

For more information about third party advertising rules, including spending limits and enforcement, see the Guide for third party advertisers.

Supporting a third party advertiser

Contributions

Any person who is a resident of Ontario may contribute to a third party advertiser to help fund their advertisements.

Corporations carrying on business in Ontario, and trade unions that hold bargaining rights for employees on Ontario may also contribute to third party advertisers.

Groups such as neighbourhood associations, clubs or professional associations, such as fire or police associations, are not eligible to make financial contributions to third party advertisers. Members may contribute individually.

Contribution limit

You may contribute a maximum of $1,200 to a third party advertiser. This amount includes the value of any goods or services donated to the third party advertiser. You may not contribute more than $5,000 in total to third party advertisers who are registered in the same municipality.

Third party advertisers can hold fundraising events. If you buy a ticket to a third party advertiser’s fundraiser, the cost of the ticket is a contribution.

Any contribution of money must come directly from the contributor. You are not permitted to pool contributions from others and then forward that money to a third party advertiser. If a contribution is made from a joint account, it must be clear which person is making the contribution.

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 came from.

If the total value of the contributions you’ve made to a third party advertiser is greater than $100, your name and address will be recorded in the third party advertiser’s financial statement. The financial statement is a public document.

Contributions to third party advertisers are not tax deductible. Municipal contribution rebate programs do not apply to contributions to third party advertisers.

If the third party advertiser has a surplus at the end of their campaign, they must turn that money over to the municipality. They are not permitted to return unused contributions to contributors.

Review of contributions

Contributions that are reported on third party advertisers’ financial statements will be reviewed by the municipal clerk to check that they are within the rules.

If the financial statements show that a contributor gave more than $1,200 to a third party advertiser, or if they show that a contributor gave more than $5,000 total to third party advertisers registered in the same municipality, the clerk will report this to the compliance audit committee.

The compliance audit committee will hold a meeting, and determine whether the municipality should begin court proceedings against the contributor.

If you want to contribute to a third party advertiser, make sure that you know what the contribution limits are, and keep track of your donations to ensure that you don’t end up giving more than is permitted.