Obligations for Broadcasters and Publishers Regarding Third Party Advertisements:
Broadcasters and publishers must follow new legislative requirements when running a candidate or third party advertisement in respect to Municipal and School Board Elections.
Mandatory information must be provided to the broadcaster or publisher in writing before the advertisement appears.
For a Candidate Advertisement (Nominations Open May 1, 2018):
- The name of the candidate; and
- The name, business address, and telephone number of the individual who deals with the broadcaster or publisher under the direction of the candidate.
For a Third Party Advertisement (May 1, 2018 to October 22, 2018):
- The name of the registered third party;
- 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; and
- The municipality where the registered third party is registered.
The broadcaster or publisher of a candidate or third party advertisement must maintain records for 4 years after the date the advertisement appears. The public must be permitted to inspect the records during normal business hours.
These records must contain:
- Mandatory information described above;
- A copy of the advertisement or the means of reproducing it for inspection; and
- A statement of the amount charged for its appearance.
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 requirements of the Municipal Elections Act, 1996. It is the responsibility of the broadcaster or publisher to determine whether or not they are eligible to register as a third party. The City of Greater Sudbury is not able to provide advice to those broadcasters or publishers who are proposing to register as a third party.
Broadcasters and publishers should also be mindful of their ongoing obligations relating to contributions under the Municipal Elections Act, 1996. The City of Greater Sudbury encourages all broadcasters and publishers to review the Municipal Elections Act, 1996, as well as consult with their own independent legal counsel for more information with respect to third party eligibility, obligations and responsibilities.
Please be advised that if a municipality is satisfied that the third party advertising rules have been contravened, as outlined in the Municipal Elections Act, 1996, the municipality may require a person to remove the advertisement or discontinue the advertising.