Notice to Broadcasters:
Broadcasters and publishers must comply with laws on candidate and third party advertising during the upcoming 2022 Municipal Election
The next Municipal and School Board Election will take place on Monday, October 24, 2022.
This notice is intended to inform broadcasters and publishers of their obligations under the Municipal Elections Act, 1996 if they broadcast or publish a candidate or third-party advertisement during the upcoming Municipal Election.
What is a Third Party Advertiser?
A registered Third Party Advertiser is an individual, corporation or trade union that has registered with the Municipal Clerk of the municipality where they want to advertise. If they want to advertise in more than one municipality, they have to register in each municipality they plan to advertise.
What is a Third Party Advertisement?
A third party advertisement is a message in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing a candidate in the election, or a question on the ballot. Third party advertisements are required to contain the following information:
- Name of the registered third party
- Name of the municipality where the third party is registered
- Phone number, email address or mailing address at which the registered third party may be contacted regarding the advertisement
All candidate advertisements are required to identify the candidate.
Broadcasters and publishers must obtain 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 or candidate.
When can broadcasters and publishers print third party advertisements?
Registered third party advertisers and candidates have a restricted campaign period. Broadcasters and publishers may only permit election advertisements to appear between May 2nd, 2022 and October 24th, 2022 (Election Day). No broadcaster or publisher is permitted to allow a third party or candidate advertisement to appear during the restricted campaign period if the information set out below has not been provided to them.
Legal obligations for broadcasters and publishers in the upcoming Municipal Election:
Information and Records:
The broadcaster or publisher of a third party or candidate advertisement must maintain records for four (4) years after the date the advertisement appears. These records must contain:
- Name of the registered third party or candidate
- Name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the registered third party or candidate
- Municipality where the registered third party is registered
- A copy of the advertisement, or the means of reproducing it for inspection
- A statement of charge made for its appearance
Members of 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 or candidate 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 or candidate. Providing free advertising is considered a contribution towards the third-party advertiser or candidate, unless all third-party advertisers and candidates 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 financial reporting requirements. Contact the local municipality for more information on registering as a third-party advertiser.