2020 by-election - third party advertising

Prior to 2018, third party advertising was not regulated for municipal council and school board elections. Those who wanted to advertise or distribute materials supporting or opposing a candidate did not have to identify themselves, were able to spend unlimited amounts of money, and did not have to report their advertising or financial activities to anyone.

Recent changes to the Municipal Elections Act, 1996 created a framework of rules for third party advertising. 

Every municipality has a municipal clerk who is in charge of running the election. The municipal clerk is the main contact for registered third party advertisers and those who are interested in becoming registered.

The clerk’s office is where forms such as the registration form and campaign financial statements must be filed. The clerk is also responsible for providing information about spending limits and filing deadlines to third party advertisers.

A municipality may have specific rules regarding issues such as where and when election signs may be displayed and whether third party advertising activities may occur on municipal property. Contact your municipal clerk if you have questions about the election in your municipality.

What is third party advertising?

Third party advertising refers to advertisements or other materials that support, promote or oppose a candidate, or support, promote or oppose a “yes” or “no” answer to a question on the ballot. Third party in this context is a person or entity who is not a candidate.

Third party advertising is separate from any candidate’s campaign, and must be done independently from a candidate. Any advertisements or materials that are made
and distributed by a candidate, or under a candidate’s direction, are part of the candidate’s campaign.

Third party advertising is a way for those outside of the candidate’s campaign to express support of or opposition to candidates (or a “yes” or “no” answer to a question on the ballot) and to try to persuade voters to vote a certain way.

A third party advertisement is an advertisement in any broadcast, print, electronic or other medium that promotes, supports or opposes a candidate, or a “yes” or “no” answer to a question on the ballot. Advertisement includes traditional ads as well as materials such as brochures or signs.

What is not a third party advertisement?

Activities that do not involve spending money, such as discussions or expressing an opinion about a candidate (or an answer to a question on the ballot) are not considered to be third party advertising. Examples include:

•  speaking to friends and neighbours posting on social media, such as Twitter, Facebook or Instagram
•  sending an email to a group or mailing list.

Internal communications from an employer to their employees, a corporation to its shareholders, directors, members or employees or by a trade union to its members or employees are not considered to be third party advertising.

Advertising about an issue, rather than a candidate or a “yes” or “no” answer to a question on the ballot is not considered third party advertising. For example, signs saying “Support local businesses” or “Keep the waterfront green” would not be third party advertising, even if a candidate has made those issues part of their campaign.

For more information on third party advertising and the 2020 by-election, visit: www.pelham.ca/by-election-2020