GUIDELINE G23: POLITICAL ADVERTISING LIMITATIONS - TIME AND RATES

.01

The Election Finances Act places certain limits on political advertising carried on by a registered political party, constituency association, candidate and third party or a person, corporation or trade union during a campaign.  First, there are restrictions on the times during which political advertising may be carried on.  Second, there are restrictions on the rates that may be charged by broadcasting or publishing facilities for such advertising.

Act references 22 and 37

LIMITS ON TIME

.02

During a campaign period, political advertising may be carried on only by a registered political party, constituency association, candidate or third party, or by any person, corporation, or trade union acting with or without the knowledge and consent of the political party, constituency association, candidate or third party.

In all elections there is a blackout period imposed on the day before polling day and polling day.

In by-elections and general elections that are not scheduled under subsection 9(2) of the Election Act, there is an additional blackout period imposed that begins when writs are issued and ends on the 22nd day before polling day.  In this instance the allowable period for political advertising begins 22 days before polling day and ends at midnight on the day which is two days before polling day.  For example, if polling day were May 28, then political advertising could only be done during the period from May 6 through May 26 inclusive.

Act references 37(1) and 37(2)

The prohibition against the publication of a political advertisement does not apply to:

a)           genuine news reporting

b)           the publication of political advertising, on polling day or the day before polling day, in a newspaper that is published once a week or less often and whose regular day of publication falls on that day.

c)           a political advertisement on the Internet or in a similar electronic medium, if posted before and not altered during a blackout period.

d)           a political advertisement in the form of a poster or billboard, if posted before and not altered during a blackout period.

Act reference 37(4)

.03

Political advertising is defined as advertising in any broadcast, print, electronic or other medium with the purpose of promoting or opposing any registered party or the election of a registered candidate.

Act reference 1(1)

.04

Reserved for future use

.05

However, a blackout period time limitation does not apply to:

a)           advertising of public meetings in constituencies including fund-raising events,

b)           announcing candidate or constituency association headquarters' locations,

c)           advertising for volunteer campaign workers,

d)           announcing services for electors by candidates or constituency associations respecting enumeration and revision of lists of electors,

e)           announcing services for electors on polling day, or

f)            any other matter respecting administrative functions of constituency associations,

provided that such advertisements, announcements and other matters are done in accordance with the guidelines of the Chief Electoral Officer.

Act reference 37(5)

The Chief Electoral Officer has determined, therefore, that while it is permissible for such an advertisement or announcement to contain the name of the candidate and/or the political party, and to include a picture of the candidate and/or the logo of the political party, a reference to the particular exempt service or activity listed in subsection 37(5) of the Election Finances Act must constitute the dominant feature of such advertisement or announcement.  Further, such advertisement or announcement must not contain any slogan, motto or other wording promoting the candidate or registered party, or opposing another candidate or registered party, such as "join the winning team", "work for continued good government", "our candidate is best qualified", etc.

Note that a blackout period restriction on advertising does not apply to fund-raising activities or campaigns and conventions carried on or held in relation to contested constituency nominations for endorsement of official party candidates provided the advertisement content conforms with this guideline.

LIMITS ON RATES TO BE CHARGED

.06

During an election campaign, no person or corporation shall charge a party, constituency association, candidate or third party registered under this Act, or any person, corporation or trade union acting with the party's, association's, candidate's or third party’s consent, a rate for making political advertising available in any broadcast, print, electronic or other medium that exceeds the lowest rate the person or corporation charges anyone else for the same amount of equivalent advertising space or time during that period.

Act reference 37(6)

.07

Reserved for future use

.08

It is recognized that, in certain media, advertising rates may depend upon the volume of time or space purchased over the year.  For the purposes of the Election Finances Act, the lowest rate shall refer to the lowest rate available to any other customer purchasing advertising equivalent to the total volume of political advertising carried on by or on behalf of a registered political party, constituency association, candidate or third party during a blackout period.

OTHER MATTERS

.09

A broadcasting facility may provide time without charge to registered political parties and candidates in accordance with the provisions of and regulations and guidelines under the Broadcasting Act (Canada).  The provision of such free time to political parties or candidates shall not be considered to be a contribution or an election expense for the purposes of the Election Finances Act.

Act reference 22(4)

.10

Political advertising constitutes a contribution for the purposes of this Act if,

a)           it promotes a registered party or the election of a registered candidate;

b)           it is provided or arranged for by a registered third party, corporation or trade union with the knowledge and consent of the party or candidate; and

c)           its value as determined under section 21 of the Act is more than $100.

A contribution described above that is made during an election campaign constitutes a campaign expense of the party or candidate promoted.

Act references 22(1) and 22(3)

Point (c) above applies to,

a)           a single political advertisement whose value is more than $100;

b)           two or more political advertisements whose aggregate value is more than $100, if they,

i)               appear during the same calendar year (excluding any campaign period) or during the same campaign period, and

ii)             are provided or arranged for by the same person, corporation or trade union.

Act reference 22(2)

.11

A publisher may publish any genuine news stories including interviews, commentaries, or other works prepared for and published by any newspaper, magazine or other periodical publication without charge to any political party, constituency association, candidate or third party.  The publication of such material is not considered to be political advertising under the Election Finances Act.

A broadcasting facility may similarly broadcast genuine news stories subject, however, to the provisions of and regulations and guidelines under the Broadcasting Act (Canada).

Act references 22(4) and 37(4)(1.)

.12

Pre-political advertising literature purchased by a constituency association for the use of a registered candidate after the issue of a writ for an election must be accounted for as an expense of the campaign either by the candidate or the constituency association as explained in Guideline G25.

.12a

Reserved for future use

.12b

Promotion of a candidate or a political party by such means as menus, place mats, or shopping bags must be accounted for.  Where the political advertising is simply added to an existing product used by a third party, such as menus or place mats by a restaurant or shopping bags by a super market, then the expense is the incremental cost of that advertising.  Costs would include direct identifiable costs such as artwork and special dyes.  However, when the product itself is distributed by the candidate's campaign or by the party, the entire cost of the product is a campaign expense.  For example, the candidate hands out place mats or shopping bags to the public.  In this case, the cost must be comparable to that charged to similar customers.  All such advertising must bear proper authorization as referred to in Guideline G23.13.

.12c

To avoid being considered a campaign expense and therefore not restricted by a blackout period on advertising under the Election Finances Act, the content of any advertisements placed by a person seeking the nomination in the period between the issue of a writ for an election and polling day must be of a non-partisan nature in conformity with Guideline G23.05.

AUTHORIZATION OF POLITICAL ADVERTISING

.13

All political printed advertising, handbills, placards, posters and broadcast or telecast advertisements shall bear or make reference to the name of the registered constituency association, registered political party, registered third party, person, corporation or trade union authorizing the political advertising.

Act reference 22(9)

.14

Any amount paid for advertising services offered for sale in connection with a fund-raising activity shall be considered to be a contribution for the purposes of the Election Finances Act.

Act reference 23(5)