3rd Party Advertising

Only the following persons and entities are eligible to file a Notice of Registration:

• An individual who is normally a resident in Ontario.
• A corporation that carries on business in Ontario.
• A trade union that holds bargaining rights for employees in Ontario.

Persons and entities that are not eligible to file a Notice of Registration include:

• A candidate whose nomination has been filed under section 33 of the Municipal Elections Act.
• 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.

• View the Third Party Advertiser Information Package, which includes the Notice of Registration Form.

The Notice of Registration may not be faxed, mailed or emailed (unless electronic registration has been invoked), as an original signature is required.

The individual filing the Notice of Registration must present proof of identity and a declaration of qualification signed by the individual or by a representative of the corporation or trade union, as the case may be.

There is no registration fee for third party advertising, but the Clerk must examine the registration and then certify the notice of registration if deemed compliant or reject the registration.

If third party advertisers want to advertise in more than one municipality, they will have to register in each municipality. This also means that each registration is a separate campaign with its own spending limits. Third party advertisers register in single or lower-tier municipalities, not upper-tier municipalities. For example, third party advertisers for Regional Chair must register in each lower-tier municipality they wish to advertise in.

Individuals and third party advertisers filing the Notice of Registration must provide:

• A completed copy of the notice of registration
• A declaration of qualification signed by the individual or by a representative of the corporation or trade union, as the case may be
• Proof of identity

Note: Notices of Registration are public documents and are available for inspection at the Municipal Clerk’s office.

Notices of Registration may be filed during regular office hours at the Municipal Clerk’s office as of Monday, May 2, 2022, at 8:30 a.m.

The deadline for an individual, corporation or trade union to submit a Notice of Registration is Friday, October 21, 2022, at 4:30 p.m.

The campaign period for a registered third party begins on the day their Notice of Registration is filed and ends on December 31, 2022. On this date, the registered third party's campaign is automatically closed. Registered third party advertisers cannot accept any contributions or incur any expenses after the end of the campaign period.

If at the end of the campaign period, a registered third party advertiser’s campaign expenses are greater than their campaign income, their campaign will be in deficit. The registered third party may take action to extend their campaign to do some additional fundraising.

If a registered third party advertiser’s campaign has a surplus, the registered third party advertiser must pay the surplus to the Municipal Clerk when filing their financial statement.

If a registered third party advertiser has a deficit at the end of the campaign period, they can extend their campaign for an additional six months to attempt to erase the deficit.

To extend a campaign, a registered third party advertiser must:

• File a Notice of Extension of Campaign Period, Form 6, on or before December 31, 2022.
• Submit the form in person to the Municipal Clerk’s office during regular office hours.

A campaign period will continue until the earliest of the following:

• The deficit is erased;
• The registered third party advertiser notifies the Municipal Clerk in writing they are no longer accepting any contributions;
• June 30, 2023, in the case of a regular election; or
• Six months from the 45th day after voting day, in the case of a by-election.

Registered third party advertisers that extend their campaign must submit two financial statements by the statutory deadline dates:

• Filing of Financial Statements - Friday, March 31, 2023, at 2 p.m.
• Supplementary Financial Filing - Friday, September 29, 2023, at 2 p.m.

Registered third parties are responsible for filing a complete financial statement by Friday, March 31, 2023, at 2 p.m. The statement covers the period from the day the registered third party advertiser filed their Notice of Registration until December 31, 2022.

If a registered third party advertiser needs to extend the time for filing their initial financial statements and auditor’s reports, they shall apply to the Superior Court of Justice by March 30, 2023. The court may grant an extension of no more than 90 days.

A registered third party advertiser must notify the Municipal Clerk, in writing, that an application has been made to the Superior Court of Justice to extend the time for filing their financial statements and auditor’s report by 2 p.m. on Friday, March 31, 2023.

The final date for registered third parties who extended their campaign to file their supplementary financial statement is Friday, September 29, 2023, at 2 p.m. The statement covers the period from the day the registered third parties filed their Notice of Registration until June 30, 2023.

If a registered third party advertiser needs to extend the time for filing their supplementary financial statements and auditor’s reports, they shall apply to the Superior Court of Justice by September 28, 2023. The court may grant an extension of no more than 90 days.

A registered third party advertiser must notify the Municipal Clerk, in writing, that an application has been made to the Superior Court of Justice to extend the time for filing their financial statements and auditor’s report by 2 p.m. on Friday, September 29, 2023.

Campaign contributions are any money, goods or services given to a registered third party advertiser for use in their campaign, including money and goods that a third party advertiser contributes to their own campaign.

• An amount charged for admission to a fund-raising function.
• If goods and services are sold for more than their market value at a fund-raising function, the difference between the amount paid and the market value. However, if the amount received for the goods or services is $25 or less, the amount is not a contribution.
• If goods and services used in the person’s election campaign or in relation to third party advertisements are purchased for less than their market value, the difference between the market value and the amount paid.
• Any unpaid but guaranteed balance in respect of a loan under section 88.17.

Registered third parties must issue a receipt for every contribution they receive. The receipt should show who made the contribution, the date, and the value of the contribution.

The following persons and entities may contribute to a registered third party:

• Any person who is a resident of Ontario.
• A corporation that carries on business in Ontario.
• A trade union that holds bargaining rights for employees in Ontario.
• The registered third party and, in the case of an individual, their spouse.

The following persons and entities shall not contribute to a registered third party:

• 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 a local board.

Individuals may contribute a total of $1,200 to a registered third party in relation to third party advertisements that appear during an election in the Municipality of Clarington. Individuals may not contribute more than $5,000 in total to two or more registered third parties registered in the Municipality of Clarington.

Contributions greater than $25 may not be made in cash. All contributions above $25 must be made by cheque, money order, or a method that clearly shows where the funds originate.
Registered third parties must inform each of their contributors of these contribution limits.

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 a “yes” or “no” question on the ballot. This does not include advertisements by or under the direction of a candidate.

All individuals, corporations and trade unions must register before incurring any expense related to third party advertisements appearing between Monday, May 2, 2022, and Monday, October 24, 2022.

All third party advertisements must contain the following information:

• The name of the registered third party.
• The municipality where the registered third party is registered.
• A telephone number, mailing address or email address where the registered third party may be contacted regarding the advertisement.

Registered third party advertisers must provide the following information to the broadcaster or publisher in writing:

• The name of the registered third party advertiser.
• The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the registered third party advertiser.
• The municipality where the third party advertiser is registered.

Broadcasters and publishers are prohibited from running a third party advertisement unless the above-noted information is provided.

The broadcaster or publisher of a third party advertisement is required to retain the following information for a period of four years after the date the advertisement appears:

• The mandatory information that is required for broadcasters and publishers (the name of the registered third party; the municipality where they are registered; and the contact information for the person who deals with the broadcaster or publisher);
• A copy of the advertisement, or the means of reproducing it for inspection; and
• A statement of the charge made for its appearance.

The broadcaster or publisher must also permit the public to inspect these records during normal business hours.

An advertisement relating to an election is not considered a third party advertisement if it incurs no expense for its production and publication. This is applicable to free web and social media advertising (e.g., posts on Facebook, Twitter, or other web and social media platforms are not considered third party advertisements unless the content posted to these platforms incurred expenses for their production or publication). Registration as a third party advertiser is therefore not necessary if the only means of advertising to be engaged is communication through social media platforms (assuming no expenses are incurred to do so).

Web and social media advertising that does incur costs will require registration as a third party advertiser.

When an Election Assistance Centre (i.e. voting place as defined in the MEA) is located within public premises, the entire property of the Election Assistance Centre and all the boundaries associated with it are considered part of that Election Assistance Centre. Clarington Libraries and the Municipal Administrative Centre are considered a voting place as defined in the MEA.

When an Election Assistance Centre is located on private premises, such as apartment or condominium buildings, all of the common elements of those buildings are considered part of the Election Assistance Centre. Individual units, however, are not considered common elements, and their doors, windows, balconies, etc., do not fall under the jurisdiction of the Municipality of Clarington.

On public and private premises, "premises" include the parking lot, adjoining fences, and adjacent road allowances. The Municipality of Clarington utilizes only a specific area for an Election Assistance Centre. It has no jurisdiction over adjacent properties, such as political signs posted on street corners or passing cars advertising a candidate.

The Municipal Elections Act stipulates that no person shall attempt to influence, directly or indirectly, how the elector votes and no person shall display a candidate’s election campaign material or literature in a voting place.

Clothing or accessories that identify a candidate, such as signs, buttons, slogans, logos, advertising, etc., are not permitted inside a voting place.

Voting screens are checked regularly for markings and campaign literature.

The Election Assistance Centre supervisor is the final arbiter and may take whatever action is deemed necessary to maintain compliance in the voting place.