Item - 2017.EX27.4

Tracking Status

  • City Council adopted this item on October 2, 2017 with amendments.
  • This item was considered by the Executive Committee on September 26, 2017 and adopted without amendment. It will be considered by City Council on October 2, 2017.

EX27.4 - Third Party Election Advertising Enforcement under the Municipal Elections Act, 1996

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on October 2, 3 and 4, 2017, adopted the following:

 

1.  City Council request the Province of Ontario to provide an opt-out provision for municipalities from the third party advertising provisions in the Municipal Elections Act.

 

2.  City Council direct the City Clerk to inform the Province that City Council desires the following:

 

a.  spending limits for third party advertisers not to exceed ten cents per elector;

 

b.  corporate and union donations to third party advertisers not be permitted; and

 

c.  allow the City to develop the tools to enhance the provision that candidates not direct or otherwise co-operate with third party advertisers.

 

3.  City Council authorize the City Solicitor to retain external legal counsel to conduct investigations and legal proceedings with respect to complaints and issues related to third party advertising under the Municipal Elections Act, 1996 that may arise during the 2018 municipal election.

 

4.  Once the regulations concerning third party advertising are received from the Province, City Council request the City Solicitor, in consultation with the City Clerk, to report to the Executive Committee if there is a possibility of adding additional City regulations in time for the 2018 municipal election.

 

5.  City Council direct the Executive Director, Municipal Licensing and Standards to report through the 2018 Budget Process on the staff resources needed for enforcement pertaining to illegal third party election advertising commencing May 1, 2018.

 

6.  City Council request the City Clerk and the City Solicitor to report back to the Executive Committee after the 2018 municipal election with respect to the lessons learned and provide recommendations on future enforcement of registered third party advertisers during elections.

Background Information (Committee)

(September 11, 2017) Report from the City Solicitor and the City Clerk on Third Party Election Advertising Enforcement under the Municipal Elections Act, 1996
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-106825.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor James Pasternak (Carried)

That City Council request the Province of Ontario provide an opt-out provision for municipalities from the third party advertising provisions in the Municipal Elections Act.

Vote (Amend Item (Additional)) Oct-03-2017 7:25 PM

Result: Carried Majority Required - EX27.4 - Pasternak - motion 1
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Jon Burnside, Vincent Crisanti, Michelle Holland, Cesar Palacio
Total members that were Absent: 4 Members that were absent are Ana Bail„o, Gary Crawford, Giorgio Mammoliti, Denzil Minnan-Wong

2 - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Amended)

That City Council direct the City Clerk to inform the Province that City Council desires:

 

a.  spending limits for third party advertisers not to exceed candidate spending limits;

 

b.  corporate and union donations to third party advertisers not be permitted; and

 

c.  allow the City to develop the tools to enhance the provision that candidates not direct or otherwise co-operate with third party advertisers.

 

Amended by motion 4b by Councillor Filion.


3 - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council direct the Executive Director, Municipal Licensing and Standards to report through the 2018 Budget Process on the staff resources needed for enforcement pertaining to illegal third party election advertising commencing May 1, 2018.

Vote (Amend Item (Additional)) Oct-03-2017 7:27 PM

Result: Carried Majority Required - EX27.4 - Fletcher - motion 3
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Ana Bail„o, Gary Crawford, Giorgio Mammoliti, Denzil Minnan-Wong

4a - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That, once the regulations concerning third party advertising are received from the Province, City Council request the City Solicitor, in consultation with the City Clerk, to report to the Executive Committee if there is a possibility of adding additional City regulations in time for the 2018 municipal election.


4b - Motion to Amend Motion moved by Councillor John Filion (Carried)

That motion 2 by Councillor Perks be amended by deleting the words "candidate spending limits" and replacing them with the words "ten cents per elector" so that part a. will now read as follows:

 

a.  spending limits for third party advertisers not to exceed ten cents per elector;


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Oct-03-2017 7:28 PM

Result: Carried Majority Required - EX27.4 - Adopt the item as amended
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Ana Bail„o, Gary Crawford, Giorgio Mammoliti, Denzil Minnan-Wong

EX27.4 - Third Party Election Advertising Enforcement under the Municipal Elections Act, 1996

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council authorize the City Solicitor to retain external legal counsel to conduct investigations and legal proceedings with respect to complaints and issues related to third party advertising under the Municipal Elections Act, 1996 that may arise during the 2018 municipal election.

 

2.  City Council request the City Clerk and the City Solicitor to report back to Executive Committee after the 2018 municipal election with respect to the lessons learned and provide recommendations on future enforcement of registered third party advertisers during elections.

Origin

(September 11, 2017) Report from the City Solicitor and the City Clerk

Summary

This report responds to City Council's direction that the City Clerk and the City Solicitor report on enforcement mechanisms available for the 2018 municipal election as a result of the newly established framework in the Municipal Elections Act, 1996 (MEA) to regulate registered third party advertisers.

 

This report recommends that City Council authorize the City Solicitor to retain external legal counsel to handle investigations and legal proceedings related to registered third party advertising under the Municipal Elections Act, 1996, such as failure to qualify or register as a third party advertiser.

 

Third party signs are subject to the same by-law restrictions as election signs.  Non-compliant third party election signs are governed by Toronto Municipal Code, Chapter 693, Signs, and would be enforced by the Municipal Licensing and Standards Division.

 

Financial matters, such as permitted spending and contributions for third party advertising are subject to the same regime as election campaign finances.  If there is an apparent contravention of the Municipal Elections Act, 1996, with respect to third party advertiser or election campaign finances, there is a statutory mechanism available through the compliance audit committee process to address this matter. 

 

Finally, an individual may also commence a legal proceeding in court about any matter related to the Municipal Elections Act, 1996, including third party advertising.

 

The City Clerk and the City Solicitor will report in the next term of City Council with lessons learned and recommendations with respect to future third party advertising enforcement based on the experience of the 2018 election.

Background Information

(September 11, 2017) Report from the City Solicitor and the City Clerk on Third Party Election Advertising Enforcement under the Municipal Elections Act, 1996
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-106825.pdf

Speakers

Councillor Giorgio Mammoliti
Councillor Jim Karygiannis
Councillor Gord Perks

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Jaye Robinson (Lost)

That City Council request the Province to exempt the City of Toronto from the third party advertising provisions in the Municipal Elections Act.


2 - Motion to Adopt Item moved by Mayor John Tory (Carried)
Source: Toronto City Clerk at www.toronto.ca/council