Ontario Third Party Election Advertising Requirements -your organization may need to register

As some may know Ontario is going to be having a fixed election this summer.  As was the case in the Federal election, the Ontario election has rules around third party election advertising.   Remember in June of 2021 an Ontario Court said that these rules were unconstitutional but then Doug Ford used the notwithstanding clause to resuscitate the rules.  Therefore now they are in force again as of June 14, 2021.

Here is a quick summary of the rules.

“A third party is any person or entity that is not a registered political party, registered candidate or registered constituency association, and that engages in political advertising. Third parties include corporations, partnerships, unincorporated businesses and associations, and many other groups.   You are a third party if you are planning on advertising during any general election or by-election in Ontario, and you must comply with the provisions set out in sections 37.1 to 37.13 of the Election Finances Act which apply to third party political advertising, with respect to registration and filing requirements as well as spending limits.

Every person or entity spending $500 or more on political advertising in either the twelve months before a fixed date general election (the nonelection period) or during an election period; and who is not a registered candidate, political party, or constituency association, must register with Elections Ontario. Registration is not required where the third party is spending less than $500 on political advertising in either the non-election period or the election period. [Act reference 37.5(1)]”

$500 is not a lot of money – especially since it covers the “non-election period” which for third parties is 12 months before the writ is dropped in a fixed date general election.

Political advertising is “advertising in any medium with the purpose of promoting or opposing any registered party or its leader or the election of a registered candidate to the Ontario Legislature. This includes advertising that takes a position on an issue that can reasonably be regarded as closely associated with a registered party or its leader or a registered candidate. This includes but is not limited to advertisements appearing in any broadcast, print, or online.” [my emphasis]   Note the underlined part – so it is not just advertising supporting or opposing a candidate or party but also advertising on an issue “that can reasonably be regarded as closely associated with a registered party or its leader or a registered candidate”.

If you meet the requirements then your organization must register.

Keep in mind that the registration requirement applies to every “person” so it could be an incorporated entity or an unincorporated association etc.   It applies to for profits, non-profits and registered charities.  Yes CRA has made it clear that a registered charity may have to register under the Third Party Election Advertising Rules – even some of the elements covered by such rules a registered charity would be precluded from being a part of such as directly or indirectly supporting or opposing a political party or candidate.   Most of what a registered charity may be involved with is advertising that takes a position on an issue closely associated with a party or candidate.

There are limits as to who can contribute and what is considered a contribution.      Any source outside of Ontario is ineligible to contribute.  Anonymous contributions are not acceptable.  There are limits on how much can be spent in total and also in any electoral district.

There are significant penalties for non-compliance.

Here is the CFO Handbook for Third Parties 2022 – Ontario Third Party Election Advertising which has detailed information on the requirements.

Here is a list of the Ontario Third Party Advertisers who have registered for the non-election period (with their registration date) as of February 21, 2022: