LobbyComply Blog

On October 27,  Attorney General Doug Downey announced comprehensive proposals to change Ontario’s dates of elections, increase its political contribution limits, eliminate pre-writ spending limits for third parties, and alter other provincial campaign finance laws.

The reforms, announced in a news release by the government of Ontario, would eliminate “American-style fixed election dates” in favor of provincial elections taking place on a date determined by the lieutenant governor on the advice of the premier, but within the five-year maximum limit mandated by the province’s constitution.

Beginning in 2026, individuals’ contribution limits to a political party would be raised from $3,400 to $5,000. Future increases would be indexed to the rate of inflation.

In addition to eliminating third party and political party pre-writ spending limits, the government proposes establishing new financial penalties for those not in compliance with the Election Finances Act.

The amendments to the law would also provide new investigative powers to the Chief Electoral Officer to request information from third parties to ensure they are in compliance with political advertising rules. The proposed changes to the law also include requiring third parties to provide proof of registration status to broadcasters and publishers before placing political advertisements during an election period. 

Want to keep up with lobbying, procurement, and corporate contribution compliance internationally? We have you covered. Learn more here.

Cathryn Motherwell was appointed Integrity Commissioner of Ontario by the Legislative Assembly on April 16, replacing former Integrity Commissioner J. David Wake. Wake served as commissioner for nine years before deciding to retire earlier this year. Motherwell is a former journalist and has worked with the Office of the Integrity Commissioner since 2009.

On March 7, the Supreme Court of Canada ruled Ontario’s law limiting spending by third-party political advertising violates the right to vote guaranteed by the Canadian Charter of Rights and Freedom.

The court concluded in its decision that, “By design, [the law] creates absolute disproportionality, or a disproportionality that is so marked on its face that it allows political parties to drown out the voices of third parties on political issues from reaching citizens during an entire year of legislative activity.”

Ontario’s Election Finances Act restricts the amount that third parties can spend on political advertising in the year before a provincial election period. Specifically, the law limits spending on third party advertising to $24,000 in any one electoral district and to $600,000 in total during the 12-month period before an election period. While it also regulates political advertising by political parties during the six-month period before an election, they are not subject to the same spending limits or time period restrictions.

The court reasoned, “When political parties face no limitations, curtailing the ability of third parties to use platforms that may be effective in reaching certain voters has the potential to overwhelm the political discourse and drown out third parties, thus interfering with citizens’ access to information letting them weigh and establish their views during an important time in the democratic cycle.”

A third party is any person or entity, other than a registered candidate, registered constituency association, or registered party, engaging in election advertising and may be a corporation, an unincorporated association, or a partnership.

Campaign contribution limits have increased in Ontario for 2025. In a calendar year, a person individually may contribute $3,400 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 $3,400 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 $3,400 multiplied by the indexation factor. The previous contribution limits from 2024 were $3,375.

The Office of the Integrity Commissioner has updated the Ontario Lobbyists Registry to conform to a recent cabinet shuffle that resulted in changes to ministers’ titles and ministry name. Specifically, amendments to Ontario Regulation 146/10, Public Bodies and Commission Public Bodies, authorized under the Public Service of Ontario Act, 2006, added five new agencies, removed 12 agencies, and changed the name of one of the agencies.

The electronic lobbyist registry will now automatically remove previous selections of the changed targets (ministries) from active registrations. However, the new or amended ministers’ offices and ministries will need to be manually selected by the registrants.

As an example from the Office, the “Ministry of Energy” will automatically be removed from active registrations. However, if a registrant is still lobbying this ministry, they are required to update their registrations by manually selecting “Ministry of Energy and Electrification.”

The Office has created a webpage listing the changes at https://www.oico.on.ca/en/changes-lobbying-target-names, where one can find lists of the new names of ministers’ offices, the ministries, the new ministries, and the removed agencies.

In their June 19 monthly newsletter, the Office of the Integrity Commissioner has stated, “Lobbyists and senior officers should check their registrations to ensure their ministry and agency target lists are up to date. As always, it remains the responsibility of each consultant lobbyist and senior officer to ensure that their registrations are accurate. Consultant lobbyists and senior officers have 30 calendar days under the Lobbyists Registration Act, 1998 to provide these updates.”

On November 30, a by-election will be held for the seat in the Legislative Assembly of Ontario for the electoral district of Kitchener-Centre.

On November 1, the Chief Electoral Officer of Ontario announced the election to fill the vacancy.

MPP Laura Mae Monique Lindo, who was a member of the Legislative Assembly of Ontario since 2018, resigned on July 13 in order to work at the philosophy department at the University of Waterloo.

In addition to a blackout on political advertising from November 29 to November 30, the publication of election surveys that have not previously been made public is prohibited between 12:01 a.m. and 9:00 p.m. on November 30.

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.

Sometime before November 26, 2022, a by-election will be announced for the seat in the House of Commons representing Mississauga–Lakeshore in the province of Ontario.

On May 30, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Mississauga–Lakeshore (Ontario) became vacant following the resignation of Sven Spengemann. Spengemann officially resigned from his seat in the House of Commons on May 28 in order to work for the United Nations.

Under the law, the by-election date must be announced between June 10 and November 26, 2022, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is July 18, 2022.

Sometime in January of 2022, the city of Burlington, Ontario, Canada expects to have its new electronic Lobbyist Registry webpage available to the public.

The city’s new lobbying law, passed on October 19, 2021, requires consultant lobbyists, in-house lobbyists, and voluntary unpaid lobbyists to file a registration with the City Clerk within 10 days after entering into an undertaking to lobby. Only one registration needs to be filed for each undertaking even though a lobbyist may, in connection with the undertaking, communicate or arrange meetings with more than one public office holder on more than one occasion.

The new legislation defines lobbying as meaning any communication with a public office holder by an individual who represents a business or financial interest with the goal of trying to influence legislative action. In turn, the law defines legislative action as the development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution, or the outcome of a decision on any matter before the City Council or a Committee of the Council.

A lobbyist is required to file a return updating any change in their registration within 10 business days of the change taking place. The subject matter registration will be closed once lobbying is complete or within 12 months of the lobbying commencing, whichever is sooner.

A lawsuit alleging the Ontario Integrity Commissioner failed to properly penalize offenders of the Lobbyist Registration Act (LRA) was dismissed by a Divisional Court in November.

Sometime after March 20, 2022, a hearing for an appeal of this decision filed by the plaintiffs, Democracy Watch, should be heard.

Nine lobbyists found to violate the LRA were not penalized and did not challenge the rulings. Hence, their identities were never made public. Six of those lobbyists lobbied for over a year before registering. Three other lobbyists were found to have lobbied Ontario Premier Doug Ford and his cabinet in violation of a section of the LRA prohibiting the creation of a real or potential conflict of interest through lobbying.

The Divisional Court found insufficient serious legal issues were alleged to create standing to make the judicial application. Additionally, the Court found Democracy Watch’s application for judicial review conflicted with the privacy of the nine lobbyists.

On June 8, an Ontario, Canada Superior Court judge struck down a section of the province’s Election Finances Act that mandated a 12-month pre-election period restricting third party advertising.

Ontario Superior Court Justice Edward M. Morgan’s decision, Working Families Ontario v. Ontario, explicitly holds that the period will no longer be in effect. The restricted pre-election spending period of 12 months had a $600,000 limit on third-party political advertisement expenditures.

Judge Morgan found the law was unconstitutional and a violation of the “freedom of expression” for the parties suing the province.

As noted by the judge in his decision, the next election in Ontario is scheduled to take place on June 2, 2022, already within the 12-month restricted period for political advertisements under the section being stricken. Judge Morgan wrote, “It would be unfair to the Applicants (and to other potential third-party political advertisers) for statutory provisions that have been declared unconstitutional to remain in operation during this time.” He found the burden of addressing the issue should remain on the legislature to craft an appropriate and constitutional provision.

On June 3, the Legislative Assembly of Ontario adjourned for the summer.

Bill 162, Public Accountability and Lobbyist Transparency Act, 2020, has remained in committees since March of 2020.

Changes the legislation could bring include requiring any member of the Executive Council who has been lobbied by, or otherwise met with, a consultant or in-house lobbyist to file a report about the lobbying or meeting with the registrar not later than 30 days after the lobbying or meeting took place.

This Act would come into force on the day it receives Royal Assent.

The Assembly is scheduled to reconvene on September 13.

Sometime before November 16, 2021, a by-election will be announced for the seat in the House of Commons representing Haldimand–Norfolk in the province of Ontario.

On May 20, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Haldimand–Norfolk (Ontario) became vacant following the resignation of Diane Finley. On May 11, Finley resigned from her seat in the House of Commons, explaining she was leaving on the same date of the death of her late husband, Senator Doug Finley. “It just seems fitting and symbolic that I also end my service and exit politics on the same date,” explained MP Finley in her press release.

Under the law, the by-election date must be announced between May 31 and November 16, 2021, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is July 12, 2021.

On April 19, a campaign finance bill in Ontario concerning contribution limits, political activities, and voting processes received Royal Assent.

Bill 254, the Protecting Ontario Elections Act, 2021, allows individuals to make contributions in an amount up to $3,300 per calendar year or campaign period to party and non-party candidates, leadership contestants, constituency associations, nomination contestants of a party or a constituency association of an independent member, and any one registered party. That amount will increase by $25 for each calendar year beginning on January 1, 2022.

Bill 254 enhances the law concerning collusion with third parties. Contributions from one third party to another third party for the purposes of political advertising are deemed as part of the expenses of the contributing third party.

Additionally, a third party is prohibited from trying to circumvent the rules and spending limits by splitting itself into two or more third parties, acting in collusion with another third party so that combined political advertising expenses exceed the applicable limit, and colluding with, including sharing information with, a registered party, registered constituency association, registered candidate, registered leadership contestant, or registered nomination contestant or any of their agents or employees for the purpose of circumventing the limit.

The Municipal Elections Act, 1996, is amended to provide that a registered third party may withdraw their registration by filing a written withdrawal in the clerk’s office during the time for filing a notice of registration.

The bill also allows independent members of the Assembly to endorse constituency associations, mandates the Chief Electoral Officer establish an advisory committee on voting equipment and vote counting equipment, and codifies certain administrative penalties.