Item - 2019.EX5.2
Tracking Status
- City Council adopted this item on May 14, 2019 without amendments.
- This item was considered by the Executive Committee on May 1, 2019 and adopted without amendment. It will be considered by City Council on May 14, 2019.
EX5.2 - Lessons Learned - Third Party Advertising in the 2018 Municipal Election
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on May 14 and 15, 2019, adopted the following:
1. City Council receive the report (April 11, 2019) from the City Clerk and the City Solicitor for information.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132007.pdf
Motions (City Council)
Vote (Adopt Item) May-14-2019 2:10 PM
| Result: Carried | Majority Required - EX5.2 - Adopt the item |
|---|---|
| Total members that voted Yes: 20 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that voted No: 1 | Members that voted No are Frances Nunziata (Chair) |
| Total members that were Absent: 5 | Members that were absent are Gary Crawford, Paula Fletcher, Jim Karygiannis, Mike Layton, Kristyn Wong-Tam |
EX5.2 - Lessons Learned - Third Party Advertising in the 2018 Municipal Election
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council receive the report (April 11, 2019) from the City Clerk and the City Solicitor for information.
Origin
Summary
This report responds to City Council's request for the City Clerk and City Solicitor to report back after the 2018 municipal election on lessons learned related to new third party advertising rules under the Municipal Elections Act, 1996.
Prior to the 2018 municipal election, third party advertising in Ontario municipal elections could take place without any regulation or limits with respect to accepting contributions or spending money. Effective April 1, 2018, amendments to the Municipal Elections Act set out rules for third party advertising in municipal elections. Among other requirements, individuals, corporations and trade unions were required to register with the City Clerk in order to accept contributions or spend money on advertisements to support, promote or oppose a municipal candidate during an election period.
City Council had authorized the City Solicitor to retain an external law firm for related investigations, legal proceedings and enforcement recommendations pertaining to third party advertising. Accordingly, the City Clerk, City Solicitor and City Manager implemented a procedure to support voluntary compliance and escalate complex third party advertising complaints to the external law firm. It served as a compliance mechanism in addition to existing statutory measures (i.e. Compliance Audit Committee for campaign finance matters; Municipal Licensing and Standards for election sign bylaw infractions). For the 2018 municipal election, a total of twelve third party advertisers registered with the City Clerk and eight formal complaints were received.
The three key lessons learned during the 2018 municipal election include that: (1) the City Clerk's education and awareness efforts supported voluntary compliance by registered third party advertisers; (2) external legal counsel provided expertise and impartial investigation and recommendations for compliance; and (3) a few legislative amendments may assist with clarifying enforcement.
Background Information
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-132007.pdf