TORONTO, February 5, 2009 – Ontario’s Chief Electoral Officer, Greg Essensa, is reminding advertisers and advertising departments that the law imposes blackout periods on political advertising at different times during an election period.
The Chief Electoral Officer also reminds advertisers that specific rules are in effect for third party advertising.
For the March 5 by-election in Haliburton-Kawartha Lakes-Brock there will be a blackout on political advertising from February 4 to 10, 2009 and on the day before Election Day, March 4, 2009 and on Election Day, March 5, 2009.
Third party election advertising is political advertising in any medium that promotes or opposes a political party or the election of a candidate during the campaign period of an election. Third party advertising is also subject to the blackout period required by law.
A person or entity engaging in third party election advertising and spending $500 or more must register with the Chief Electoral Officer, display authorization on all election period advertising and subsequently file a report that discloses all advertising spending and the identity of contributors who donated more than $100.
A list of all registered Third Party Advertisers will be available on the Elections Ontario web site www.elections.on.ca.
More information on the advertising guidelines, including some important exceptions to the blackout requirements, can be found at www.elections.on.ca.
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Elections Ontario is the non-partisan agency responsible for administering provincial elections, by-elections and referenda.
Elections Ontario Media Relations:
(416) 212-6186 / 1 866 252-2152
media@elections.on.ca
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Quick Reference Guide
Political Advertising
February 2009
Important information for all advertising departments
ADVERTISING RULES
Electors in Haliburton-Kawartha Lakes-Brock will be voting in a provincial by-election scheduled for March 5, 2009.
Advertising outlets in broadcast, publishing and other mediums must meet certain legal obligations when conducting business. The Election Finances Act also has rules governing advertising by or on behalf of candidates, constituency associations, political parties and third parties during elections.
More detail is provided in Guideline G23 (found in the media section on www.elections.on.ca).
Below is a summary of the most important points for political advertising.
BY-ELECTION BLACKOUT PERIODS
For this by-election, the Election Finances Act imposes a blackout period on political advertising from February 4 to 10, 2009 and on the day before polling day (March 4, 2009) and on polling day itself (March 5, 2009).
The prohibition against the publication of political 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
- announcing the location of candidate, constituency offices
- 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
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 found on www.elections.on.ca.
LIMITS ON RATES TO BE CHARGED
During a campaign, no person or corporation shall charge a registered party, constituency association, candidate or third party 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.
AUTHORIZATION OF POLITICAL ADVERTISING
All political 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, or person, corporation or trade union authorizing the political advertising. This includes:
- The name of the person, corporation, trade union, registered party, registered constituency association, registered third party 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 or third party that is sponsoring or paying for the political advertisement.
The broadcaster or publisher of a political advertisement shall maintain records for a period of two years after the date the political 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 advertisement, or the means of reproducing it for inspection
- a statement of the charge made for its appearance
A political advertisement in any medium shall name:
- the person, corporation, trade union, registered party, constituency association or third party that is causing it to appear; and
- any other person, corporation, trade union, registered party, constituency association or third party that is sponsoring or paying for it.
For further information contact:
Election Finances Division
Elections Ontario
Telephone: (416) 325-9401
Toll Free: 1-866-566-9066