88.21 (1) An expense shall not be incurred by or under the direction of an individual, corporation or trade union in relation to third party advertisements that appear during an election in a municipality unless he, she or it is a registered third party in the municipality. 2016, c. 15, s. 59. Only during campaign period (2) An expense shall not be incurred by or under the direction of a registered third party in relation to third party advertisements outside the campaign period for the registered third party in relation to the election in the municipality. 2016, c. 15, s. 59. Exception, auditor’s report (3) Despite subsection (2), a registered third party whose campaign period in relation to an election in a municipality ends as described in paragraph 2 or 3 of section 88.28 may incur expenses related to the preparation of an auditor’s report under section 88.29 after the campaign period has ended. 2016, c. 15, s. 59. Same (4) For greater certainty, the expenses described in subsection (3) constitute expenses for the purposes of paragraph 3 of subsection 88.19 (3). 2016, c. 15, s. 59. Who may incur expense (5) An expense may only be incurred by a registered third party or an individual acting under the direction of the registered third party. 2016, c. 15, s. 59. Maximum amount (6) During the restricted period for third party advertisements, the expenses of a registered third party in relation to third party advertisements that appear during an election in a municipality shall not exceed an amount calculated in accordance with the prescribed formula. 2016, c. 15, s. 59. Prescribed formula (7) The formula prescribed for the purpose of subsection (6) must be written so that the amount calculated under it varies based on the number of electors entitled to vote in a regular election or by-election, as the case may be, in the municipality. 2016, c. 15, s. 59. Exception (8) Subsection (6) does not apply in respect of expenses described in paragraphs 3 and 5 to 9 of subsection 88.19 (3). 2016, c. 15, s. 59. Maximum amount for parties, etc., after voting day (9) The expenses of a registered third party that are described in paragraph 6 of subsection 88.19 (3) shall not exceed an amount calculated in accordance with the prescribed formula. 2016, c. 15, s. 59. Same (10) The formula that is prescribed for the purposes of subsection (9) must be written so that the amount calculated under it varies based on the maximum amount determined under subsection (6). 2016, c. 15, s. 59. Number of electors, regular election (11) Subject to subsection (16), for the purpose of applying the prescribed formula for a regular election, the number of electors is the greater of the following: 1.  The number determined from the voters’ list from the previous regular election, as it existed on the day specified in subsection (13), adjusted for changes made under sections 24 and 25 that were approved as of that day and any changes based on updated information from the permanent register of electors that the clerk may obtain on or before that day. 2.  The number determined from the voters’ list for the current election, as it exists on September 20 in the year of the current election, adjusted for changes made under sections 24 and 25 that are approved as of that day and any changes based on updated information from the permanent register of electors that the clerk may obtain on or before that day. 2020, c. 23, Sched. 4, s. 15 (1). Same, by-election (12) Subject to subsection (16), for the purpose of applying the prescribed formula for a by-election, the number of electors is the greater of the following: 1.  The number determined from the voters’ list from the previous regular election, as it existed on the day specified in subsection (13), adjusted for changes made under sections 24 and 25 that were approved as of that day and any changes based on updated information from the permanent register of electors that the clerk may obtain on or before that day. 2.  The number determined from the voters’ list for the by-election, as it exists after the clerk has made corrections under subparagraph 4 iii of subsection 65 (4). 2016, c. 15, s. 59; 2020, c. 23, Sched. 4, s. 15 (2). Same, regular or by-election (13) For the purposes of paragraph 1 of subsection (11) and paragraph 1 of subsection (12), the number shall be determined using the voters’ list from the previous regular election as the list existed on, (a)  September 15 in the year of the previous regular election, if the formula is being applied for the purposes of the 2026 regular election; or (b)  September 20 in the year of the previous regular election, if the formula is being applied for the purposes of an election in any other year. 2020, c. 23, Sched. 4, s. 15 (3). When calculation must be made (14) The clerk shall calculate the maximum amounts under subsections (6) and (9), (a)  for a regular election, no later than September 30 in the year of the election; and (b)  for a by-election, within 10 days after the clerk makes the corrections under subparagraph 4 iii of subsection 65 (4) or subparagraph 3 ii of subsection 65 (5). 2016, c. 15, s. 59; 2020, c. 23, Sched. 4, s. 15 (4). Certificate of maximum amounts (15) Upon registering the registered third party, the clerk shall give the individual filing the registration a certificate setting out the applicable maximum amounts under subsections (6) and (9) that apply with respect to the registered third party in relation to third party advertisements. 2016, c. 15, s. 59. Exception (16) Upon registering a registered third party before having calculated the amount under subsection (6), the clerk shall, (a)  calculate an estimated amount using the number of electors described in paragraph 1 of subsection (11) and give the individual filing the registration a certificate setting out the estimated amount as of the day of the calculation; and (b)  once the calculation under subsection (6) is made, give the individual who filed the registration a certificate setting out the amount calculated under subsection (6). 2016, c. 15, s. 59. Calculations final (17) The clerk’s calculations are final. 2016, c. 15, s. 59. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 59 - 01/04/2018 2020, c. 23, Sched. 4, s. 15 (1-4) - 01/01/2023 Duties of Candidates and Registered Third Parties