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City Council has directed the Clerk to hold a by-election for filling the vacancy of Councillor Ward 22 Scarborough-Agincourt. The by-election will be held on Friday, January 15, 2021 with the opportunity of Advance Voting on January 8 to 10, 2021.

 

Information on third party advertising in Ontario municipal elections and how to register as a third party advertiser if you are an individual, corporation, or trade union that plans to spend any money on advertising that promotes, supports, or opposes a candidate in the Ward 22 by-election.

Key Forms & Dates:

Contact Information:

What is Considered a Third Party Advertisement

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 in an election.

Individuals, corporations, or trade unions who wish to conduct third party advertising in the Ward 22 by-election must be registered with the City Clerk.

What is Not Considered a Third Party Advertisement

Third party advertisements do not include:

  • Advertisements by or under the direction of a candidate
  • Issues-based advertising during the election period
  • Advertising that does not cost money to post or broadcast (such as comments made on social media)
  • Messages distributed by:
    • An individual to their employees
    • A corporation to its shareholders, directors, members or employees
    • A trade union to its members or employees

Requirements for Third Party Advertisers

Individuals, corporations, and trade unions can register as third party advertisers and can also make contributions to other registered third party advertisers.

All third party advertisers are required to register with the City Clerk of the municipality where they want to advertise. This registration must be certified by the Clerk before they can accept any contributions or spend any money on advertising. There is no cost to register as a third party advertiser.

There are limits to the amount of money that a registered third party advertiser can spend on their campaign.

Candidates cannot register as a third party advertiser, nor can they direct a third party advertiser.

If a person, corporation, or trade union wishes to spend money on advertisements that promote, support, or oppose a candidate in the City of Toronto Councillor, Ward 22 by-election, they must first file a Notice of Registration with the City Clerk. The first day to register as a third party advertiser will be October 29, 2020.

A third party advertiser cannot raise or spend money on their campaign until their registration has been certified by the City Clerk.

Registration Period

The third party advertiser registration period opens on Thursday, October 29, 2020 and closes on Thursday, January 14, 2021.

The Notice of Registration must be filed in person, and can be filed Monday to Friday between 8:30 a.m. and 4:30 p.m. at the Election Services Office at 89 Northline Road.

Eligibility

You are eligible to register as a third party advertiser if you are:

  • 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

You are not eligible to register as a third party advertiser if you are:

  • A candidate who has filed a nomination to run in the Councillor, Ward 22 by-election
  • A federal political party registered under the Canada Elections Act 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
  • A group, association or business that is not a corporation
  • A registered third party advertiser who failed to file the necessary financial statement or exceeded any of the spending limits in the last municipal election or by-election

Filing a Notice of Registration

To become a third party advertiser you must first file a Notice of Registration in person or by an agent. This Notice of Registration must be certified by the City Clerk before any money can be raised or spent on advertising. There is no fee required to register as a third party advertiser.

At the time of filing, the following documentation must be provided:

Filing as an individual registrant:
  • Completed Notice of Registration form
  • Acceptable identification showing your name, address with your Ontario residence and signature (see Acceptable Identification for Third Party Advertisers section)
Filing as an agent on behalf of an individual registrant:
  • Completed Notice of Registration form
  • A copy of the individual registrant’s acceptable identification
  • Acceptable identification showing your name and signature (see Acceptable Identification for Third Party Advertisers section)
Filing as the official representative of a corporation or trade union registrant:
  • Completed Notice of Registration form
  • A board resolution from the corporation or trade union authorizing you to act on behalf of the corporation or trade union
  • Acceptable identification with your name and signature (see Acceptable Identification for Third Party Advertisers section)

If you are filing as an individual registrant, you must present original acceptable identification showing your name, qualifying Ontario address and signature.  This can be one piece of ID or a combination of two pieces of ID.

One piece of ID showing name, qualifying Ontario address and signature:

  • Ontario driver’s licence
  • Ontario Health Card (photo card with address)
  • Ontario motor vehicle permit (plate portion)
  • Cancelled personalized cheque
  • Mortgage, lease or rental agreement
  • Insurance policy
  • Loan or financial agreement with a financial institution
  • Document issued or certified by a court in Ontario
  • Any other document from the government of Canada, Ontario or a municipality in Ontario or from an agency of such a government
  • Any document from a Band Council in Ontario established under the Indian Act (Canada)

OR Two pieces of ID:

First piece of ID showing name and signature:

  • Ontario driver’s licence
  • Ontario Health Card
  • Ontario motor vehicle permit (plate portion)
  • Canadian passport
  • Certificate of Canadian Citizenship
  • Certificate of Indian Status
  • Veterans Affairs Canada Health Card
  • Social Insurance Number Card
  • Old Age Security Card
  • Credit card
  • Debit card
  • Employee Identification card
  • Student Identification card issued by a post-secondary institution
  • Union Identification card or professional licence card
  • Cancelled personalized cheque
  • Mortgage, lease or rental agreement for property in Ontario
  • Insurance policy
  • Document issued or certified by a court in Ontario
  • Any other document issued by the government of Canada, Ontario or a municipality in Ontario or from an agency of such a government
  • Any document from a Band Council in Ontario established under the Indian Act (Canada)

Second piece of ID showing name and qualifying Ontario address:

  • Ontario motor vehicle permit (vehicle portion)
  • Income tax assessment notice
  • Child Tax Benefit Statement
  • Statement of Employment Insurance Benefits Paid T4E
  • Statement of Old Age Security T4A (OAS)
  • Statement of Canada Pension Plan Benefits T4A (P)
  • Canada Pension Plan Statement of Contributions
  • Statement of Direct Deposit for Ontario Works
  • Statement of Direct Deposit for Ontario Disability Support Program
  • Workplace Safety and Insurance Board Statement of Benefits T5007
  • Property tax assessment
  • Insurance statement
  • Mortgage, lease or rental statement for property in Ontario
  • Credit card, bank account, RRSP, RRIF, RHOSP or T5 statement
  • CNIB Card or a card from another registered charitable organization which provides services to persons with disabilities
  • Hospital card or record
  • Document showing campus residence issued by the office or officials responsible for student residence at a post-secondary institution
  • Utility bill for hydro, water, gas, telephone or cable TV or a bill from a  public utilities commission
  • Cheque stub, T4 or pay receipt issued by an employer
  • Transcript or report card from a post-secondary school
  • Document issued or certified by a court in Ontario
  • Any other document issued by the government of Canada, Ontario or a municipality in Ontario or from an agency of such a government
  • Any document from a Band Council in Ontario established under the Indian Act (Canada)

If you are filing as an agent of an individual registrant, or, as the official representative of a corporation or trade union registrant, you must present original acceptable identification showing your name and signature.

  • Any of the documentation listed above showing name and signature
  • Any piece of government-issued identification showing name and signature

Opening a Campaign Bank Account

Before spending any money or accepting any contributions, you must visit a financial institution to open a bank account for your campaign.

All contributions must be deposited into your campaign account and all expenses must be paid from your campaign account. Do not use a personal bank account for third party advertising campaign purposes.

When opening your bank account, present the financial institution with a copy of your certified Notice of Registration and the Letter to Banks

Spending Limits

All registered third party advertisers in the Councillor, Ward 22 by-election are subject to limits on the amount of money they can spend on their advertising campaign.

  • The preliminary spending limit is $8,306.35
  • A final spending limit will be provided to third party advertisers on December 8, 2020

Contribution Limits

Registered third party advertisers can accept contributions from individuals, corporations, and trade unions. However, there are limits to the amount of money that these contributors can give.

  • Individuals, corporations, and trade unions cannot contribute more than $1,200 to a registered third party advertiser
  • Individuals, corporations, and trade unions cannot contribute more than a combined total of $5,000 to multiple third party advertisers registered in the Ward 22 by-election.

Third party advertisers should make sure that their contributors are aware of these contribution limits.

There is no limit on how much a registered third party advertiser (and, if the third party advertiser is an individual, their spouse) can contribute to their own advertising campaign.

MyCampaign and the Electronic Financial Filing System

Third party advertisers have access to a portal called MyCampaign that allows them to access campaign information. Third party advertisers can also provide contact information through MyCampaign that will be posted on the City’s website.

The Electronic Financial Filing System (EFFS) is a system that allows third party advertisers to input and track all contributions and expenses. The system will provide contribution receipts and can produce the required financial statement. An EFFS manual is available in MyCampaign.

Election Signs

Election signs and campaign office signs are subject to rules under the City’s Election Sign By-law and the Municipal Elections Act, 1996. For information about when, where and how signs may be displayed, visit the Municipal Licencing and Standards web page Election Signs and the quick reference guide on Election Sign Placement.

For candidate who have questions relating to election signs email: electionsigns@toronto.ca

For election sign complaints call 311.

Advertisement Requirements

Third party advertisers must identify themselves and provide mandatory information on all advertising beginning October 29, 2020 until the close of voting on Election Day. Third party advertisements must contain the following information:

  • Name of the registered third party advertiser
  • Municipality where the third party advertiser is registered
  • Telephone number, mailing address, or email address at which the registered third party advertiser may be contacted regarding the advertisement

Candidate Involvement in Third Party Advertising

Third party advertising must be done independently of candidates, who are not able to direct a third party advertiser. If a candidate wishes to purchase or direct their own election campaign advertising, they must follow rules under the Municipal Elections Act, 1996 at identify themselves on their advertisements.

Use of City Symbols and Logo

Registered third party advertisers are prohibited from using the City of Toronto’s logo, graphics or any other item of City intellectual property for any campaign-related purpose or material including, but not limited to, signs, printed or electronic publications, flyers, brochures, e-mails, websites, posters, and promotional items.

Privacy and Personal Information

It is the responsibility of the registered third party advertiser to protect any personal information collected from the purpose of filing election forms (e.g., financial statements) until such time the forms are filed with the City Clerk. Once filed, all documents and materials submitted to the City Clerk are subject to access and privacy provisions of the Municipal Elections Act, 1996 and other applicable legislation.

View the full list of election related by-laws, legislation, policies and procedures.

The campaign period begins on the day the City Clerk certifies third party advertiser’s Notice of Registration and ends on March 1, 2021. A registered third party advertiser cannot raise or spend any money after this date unless they file a Notice of Extension of Campaign Period – Form 6 to extend their campaign.

Extended/Supplementary Campaign Period

Registered third party advertisers who believe they will have a deficit can file a Notice of Extension of Campaign Period – Form 6 by 4:30 p.m. on March 1, 2021 to extend their campaign until September 1, 2021 in order to continue raising money.

Third party advertisers who extend their campaign must file two financial statements: an initial statement and a supplementary statement.

If a third party advertiser’s initial filing is accompanied by the required Auditor’s Report, their supplementary filing must have a new Auditor’s Report attached. (see Auditor’s Report section).

Financial Filing Requirements and Deadlines

All registered third party advertisers must file an initial financial statement by 2 p.m. on March 31, 2021

  • This statement details all campaign finances from the day their Notice of Registration was certified until March 1, 2021

Registered third party advertisers who submitted a Notice of Extension of Campaign Period – Form 6 to extend their campaign must also file a supplementary financial statement by 2 p.m. on October 1, 2021

  • This supplementary statement details all campaign finances from the day their Notice of Registration was certified until September 1, 2021

Registered third party advertisers who miss a filing deadline can still submit their statement up to 30 days later provided that they pay a $500 late filing fee.

Auditor’s Report

An auditor’s report must be attached to the registered third party advertiser’s financial statement at the time of filing if their campaign raised or spent more than $10,000. This is required for your initial and supplementary financial filings.

The auditor must be licensed under the Public Accounting Act, 2004.

Campaign Surplus

If a registered third party advertiser’s campaign ends with a surplus, they can withdraw the value of contributions that they made to their own campaign. If the registered third party advertiser is an individual, they can also refund the value of any contributions made by their spouse.

Any remaining surplus must be paid to the City Clerk when the financial statement is filed. The surplus can be paid via cash, certified cheque or money order payable to ‘Treasurer, City of Toronto’.

Correcting Errors on a Financial Statement

Registered third party advertisers who submit a financial statement and later identify an error may withdraw their original statement and submit a new one by 2 p.m. on the filing deadline date.

If the withdrawn financial statement was accompanied by an auditor’s report, the corrected financial statement must be accompanied by a new/updated auditor’s report.

If the corrected financial statement identifies an additional surplus amount, the difference must be paid to the City Clerk at the time the corrected financial statement is filed. If the surplus amount is lower, the City Clerk will remit any difference owing with interest.

Penalties

Under the Municipal Elections Act, 1996, an individual, corporation, or trade union will not be eligible to register as a third party advertiser until after the 2022 municipal if:

  • The registered third party advertiser fails to file a financial statement by the end of the 30-day grace period or fails to apply to the court for an extension by the filing deadline.
  • The financial statement shows that the registered third party advertiser has exceeded a spending limit.
  • The registered third party advertiser fails to turn over their surplus to the City Clerk when they file their financial statement.

Other penalties are listed in the Municipal Elections Act, 1996.

The third party advertisers listed below are in default of the Municipal Elections Act, 1996. This means that they cannot register as a third party advertiser in any municipality until after the next general election.

Last Name/Single Name First Name Reason for Default
Assefa Teferi Did not file required financial statement
Bala Abdulmajid Did not file required financial statement
Schoch William Did not file required financial statement