Elections Canada published the updated limits on expenses for regulated activities of third parties involved in federal elections in Canada.

The Canada Elections Act imposes a limit on expenses a third party can incur for regulated political activities.

For the period of April 1, 2023, to March 31, 2024, a third party is prohibited from incurring overall election advertising expenses of a total amount of more than $579,950 during a general election. The previous limit was $543,200.

For the same period of April 1, 2023, to March 31, 2024, a third party is prohibited from incurring election advertising expenses in a given electoral district of a total amount of more than $4,971 during a general election. The previous limit was $4,656.

Adjustments are made annually based on a formula of a base amount multiplied by the inflation adjustment factor in effect for the period.

On May 2, U.S. Rep. Yvette D. Clarke introduced legislation into the U.S. House of Representatives to require disclosure of political campaign content created by artificial intelligence.

House Bill 3044 amends the Federal Election Campaign Act of 1971 (FECA) to provide transparency and accountability for the use of content generated by artificial intelligence (generative AI) in political advertisements.  It requires such advertisements to include a statement within the contents of the advertisements if generative AI was used to generate any image or video footage in the advertisements. The bill also expands FECA’s definitions of online platform.

If passed, the Federal Election Commission (FEC) would be required to make regulations within 120 days of the day of the enactment of the bill. Additionally, the bill explicitly states the legislation would come into effect on or after January 1, 2024, even if the FEC has not yet promulgated regulations to carry out the new law.

The bill, entitled the Require the Exposure of AI–Led Political Advertisements Act (REAL Political Advertisements Act) has been referred to the House Committee on House Administration.

On April 27, a bi-partisan bill was introduced in the U.S. Senate to amend the Foreign Agents Registration Act of 1938 (FARA).

Senate Bill 1364, the Foreign Agents Disclosure and Registration Enhancement Act, would provide the Attorney General with greater authority to promote enforcement of disclosure requirements for agents of foreign principals and increases penalties for noncompliance.

The bill also “improves FARA advisory opinion transparency and requires the Government Accountability Office to study whether and to what extent the Lobbying Disclosure Act exemption is being abused to conceal foreign lobbying activity,” according to the press release of U.S. Senator Chuck Grassley, the lead Republican sponsor of the bill.

Identical legislation had been introduced in 2019 but did not pass.

On March 27, the city of Pickering, in Ontario, Canada, passed a new lobbying law and will become the 10th municipality in Ontario to have a lobbyist registry framework in place. This by-law authorizing a lobbyist registry for the city technically came into force with its passage, but all enforcement and penalties will not take effect until November 1, 2023.

All lobbyists must file a registration (a first filing of a return) regarding lobbying communication within ten business days of the initial communication occurring. A lobbyist must file a return updating any change to their registration immediately. Lobbying is defined as “any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution or the outcome of a decision on any matter before council, a committee of council, or a staff member acting under delegated authority.”

The list of covered public office holders includes members of the city council, officers or employees of the city in management positions, members of local boards or committees established by the city council, and individuals providing professional services to the city during the course of providing such services.

The mandatory registry applies to consultant lobbyists, in-house lobbyists, and certain voluntary lobbyists. Lobbying on a contingency basis is prohibited. Former public office holders are forbidden from lobbying for a period of 12 months after leaving office. Penalties include being barred from lobbying for various periods of time. Additionally, all lobbyists must adhere to a formal Code of Conduct for Lobbyists, which is part of the by-law, during all lobbying activities with public office holders.

On March 1, the Federal Election Commission’s (FEC) Final Rule concerning internet communications disclaimers took effect. With it, the definition of public communication was revised in 11 CFR  §110.11 in an attempt to clarify how it applies to general public political advertising over the internet.

The amendments to the rules for internet-specific disclaimer requirements endeavor to be analogous to those for print and broadcast media, while also accounting for the unique characteristics of internet public communications, according to the FEC. The new internet disclaimer provisions do not impose the stand-by-your-ad requirements applicable to radio and television advertisements.

The FEC stated it adopted these updates to the regulatory rules “in light of technological advances since the Commission last revised its rules governing internet disclaimers in 2006, and to address questions from the public about the application of those rules to internet communications,” according to the memorandum submitted earlier with a draft of the rule.

On February 21, Mario Dion retired from his position running Canada’s federal ethics office.

As Conflict of Interest and Ethics Commissioner for the past five years, Dion was responsible for helping appointed and elected officials prevent and avoid conflicts between their public duties and private interests. His duties included administering the Conflict of Interest Act for public office holders and the Conflict of Interest Code for Members of the House of Commons.

Dion said he stepped down because of because of persistent health issues. For now, the seat is vacant. The Parliament of Canada Act requires the position be filled through appointment, after consultation with the leader of every recognized party in the House of Commons and approval of the appointment by resolution of that House, by the Governor in Council.

On March 13, a provincial byelection will be held in the electoral division of Saint-Henri–Sainte-Anne for the Quebec National Assembly.

The election will be held to fill the vacant seat of former Member of the National Assembly Dominique Anglade, the former leader of the Quebec Liberal Party .

Anglade resigned on December 1 of last year.

The byelection was announced by Premier François Legault on February 6.

The Federal Election Commission (FEC) published the 2023-2024 election cycle contribution limits, which have been indexed for inflation.

As required by the Bipartisan Campaign Reform Act of 2002, the FEC must adjust certain contribution limits every two years.

The individual and nonmulticandidate PAC contribution limit to federal candidates has increased from $2,900 to $3,300 for both primary and general elections, allowing for a total of $6,600 for a federal candidate.

The limits on contributions by individuals to national party committees has increased from $36,500 to $41,300 per calendar year.

Individuals may now contribute $123,900 per calendar year to committees of a national political party for presidential nominating conventions, to committees of a national political party for preparation for and the conduct of election recounts and contests and other legal proceedings, and to committees of a national political party for the construction, purchase, renovation, operation, and furnishing of one or more buildings for party headquarters.

The Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold.

The lobbyist bundling disclosure threshold has increased for 2023 from $20,200 to $21,800.

This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

Sometime before July 2, 2023, a by-election will be announced for the seat in the House of Commons representing Calgary Heritage in the province of Alberta.

On January 3, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Calgary Heritage (Alberta) became vacant following the resignation of Bob Benzen. Benzen officially resigned from his seat in the House of Commons on December 31, 2022, in order to return to private life, according to CTV news.

Under the law, the by-election date must be announced between January 14 and July 2, 2023, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is February 20, 2023.

Campaign contribution limits have increased in the province of Ontario, Canada for 2023.

In a calendar year, a person individually may contribute $3,350 to each party, to each constituency association and nominations contestants of a party, and to each leadership contestant of a party.

Additionally, in a campaign period, a person may contribute $3,350 to each candidate of a party, and to each independent non-party candidate.

The total contribution made with respect to a single fundraising event by a contributor may not exceed $3,350 multiplied by the indexation factor.

The previous contribution limits from 2022 were $3,350.

Campaign contribution limits increased in British Columbia for 2023 to $1,401.40 for contributions to registered political parties, including their candidates, nomination contestants and registered constituency associations.

Additionally, individuals can also contribute up to $1,401.40 to independent candidates and leadership contestants, if a leadership contest is called in 2023. The previous limits from 2022 were $1,309.09.

Also increased to $400 is the limit of a fee paid to attend a leadership convention or other convention of a political party without counting toward the $1,401.40 contribution limit.

These contribution amounts are adjusted at the start of each calendar year.

Elections Canada has published the federal contribution limits for the 2023 calendar year.

In 2023, individuals may contribute up to $1,700 to independent candidates, leadership candidates, registered parties, and to, in total, all of the registered associations, nomination contestants and candidates of each registered party.

The limits also apply to any unpaid balance of loans made during a contribution period and the amount of any loan guarantees made during a contribution period. The limits increase annually by $25 on January 1.

The Federal Election Commission has announced its civil monetary penalty amounts, adjusted for inflation, for 2023.

The potential fines for civil violations of federal campaign finance laws have increased to range from $7,028 to $82,188, from the previous range of $6,523 to $76,280.

The amounts are calculated through a statutory formula applying the most recent “cost-of-living adjustment multiplier,” issued by the Office of Management and Budget, to the current amounts. The amended civil monetary penalties took effect as of December 29, 2022, the publication date in the Federal Register.