The following is a summary for broadcasters and publishers of their obligations under the Municipal Elections Act, 1996 (the Act) if they broadcast or publish a third party advertisement during the upcoming municipal election. For further information, visit the Government of Ontario’s website or contact the Ministry of Municipal Affairs.
The requirements for broadcasters and publishers include:
Mandatory Information
A registered third party advertiser must provide the following information to the broadcaster or publisher in writing before the third party advertisement appears:
- Name of the registered third party
- Municipality where the registered third party is registered
- A telephone number, mailing address or email address at which the registered third party may be contacted regarding the advertisement. 2016, c. 15, s. 48.
Maintaining records
The broadcaster or publisher of a third party advertisement must maintain records for 4 years after the date the advertisement appears. These records must contain:
- Mandatory information described in section 1 (above), as outlined under section 88.5 (2) of the Act;
- A copy of the advertisement, or the means of reproducing it for inspection;
- A statement of charge made for its appearance.
The public must be permitted to inspect the records during normal business hours.
Charges and Contributions
The broadcaster or publisher may not charge a third party advertiser more or less than their normal advertising rate. If less is charged, the difference is deemed to be a contribution to the third party advertiser. Providing free advertising is considered a contribution towards the third party advertiser, unless all third party advertisers are offered the same service.
Broadcasters or Publishers as Registered Third Party Advertisers
Broadcasters or publishers, who wish to conduct third party advertising, must register as a third party advertiser and follow the Act's requirements. A Third Party Advertisers' guide, published by the Government of Ontario, will be provided upon registration.