LEGISLATIVE AMENDMENTS
Advertising outlets in broadcast, publishing and other mediums must meet certain legal obligations when conducting business. The Election Finances Act has recently been amended with changes to the rules affecting advertising by candidates and political parties and now, third parties. More detail is provided in the attached Guideline G23.
During a campaign period, political advertising (defined by the Election Finances Act) may be arranged 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 addition to rules around political advertising within the Election Finances Act, Ontario Regulation 211/07 under the Electoral System Referendum Act, 2007 imposes rules on advertising in the referendum.
Below is a summary of the most important points for political and referendum advertising.
BLACKOUT PERIOD
The Election Finances Act imposes a blackout period on political advertising on the day before polling day and on polling day itself. With the amendments to the Act, there is no longer an initial advertising blackout at the outset of a regularly scheduled general election. The initial advertising blackout remains in effect for non-fixed date general elections and by-elections.
The prohibition against the publication of political and referendum advertisements does not apply to:
- genuine news reporting
- the publication of 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
- an advertisement on the Internet or in a similar electronic medium, if posted before and not altered during a blackout period
- an advertisement in the form of a poster or billboard, if posted before and not altered during a blackout period
A blackout period restriction does not apply to:
- advertising of public meetings in constituencies, including fund-raising events or those related to the referendum
- announcing the location of candidate, constituency association or referendum campaign organizers headquarters
- advertising for volunteer campaign workers
- announcing services for electors by candidates or constituency associations respecting
- enumeration and revision of lists of electors
- announcing services for electors on polling day
- any other matter respecting administrative functions of constituency associations or referendum
- campaign organizers.
The above is based on the provision that such advertisements, announcements and other matters are done in accordance with the guidelines of the Chief Electoral Officer.
LIMITS ON RATES TO BE CHARGED
During a campaign, no person or corporation shall charge a registered party, constituency association, candidate, third party, or referendum campaign organizer, or any person, corporation or trade union acting with the party's, association's, candidate's, third party’s or referendum campaign organizer’s consent, a rate for making political or referendum 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.
AUTHORIZATION OF POLITICAL ADVERTISING AND REFERENDUM ADVERTISING
All political and referendum printed advertising, handbills, placards, posters and broadcast or telecast advertisements shall bear or make reference to the name of the registered party, constituency association, third party, referendum campaign organizer or person, corporation or trade union authorizing the political or referendum advertising.
No person, corporation, trade union, registered party, constituency association, third party or referendum campaign organizer shall cause a political or referendum advertisement to appear without providing the following information to the broadcaster or publisher, in writing:
- The name of the person, corporation, trade union, registered party, registered constituency association, registered third party or registered referendum campaign organizer that is causing the political advertisement to appear.
- The name, business address and telephone number of the individual who deals with the broadcaster or publisher on behalf of the person or entity mentioned in paragraph 1.
- The name of any other person, corporation, trade union, registered party, constituency association, third party or referendum campaign organizer that is sponsoring or paying for the political or referendum advertisement.
No broadcaster or publisher shall allow a political or referendum advertisement to appear without ensuring compliance with the Election Finances Act and the Regulation 211/07 under the Electoral System Referendum Act, 2007.
The broadcaster or publisher of a political advertisement shall maintain records for a period of two years after the date the political or referendum advertisement appeared and shall permit the public to inspect the records during normal office hours.
A record maintained shall contain the following:
- the information required in paragraphs 1., 2. and 3. above
- a copy of the political or referendum advertisement, or the means of reproducing it for inspection
- a statement of the charge made for its appearance
A political or referendum advertisement in any medium shall name:
- the person, corporation, trade union, registered party, constituency association, third party or referendum campaign organizer that is causing it to appear; and
- any other person, corporation, trade union, registered party, constituency association, third party or referendum campaign organizer that is sponsoring or paying for it.
For further information contact:
Election Finances Division
Telephone: (416) 325-9450
Toll Free: 1-866-566-9066
Email: electfin@elections.on.ca