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The Corporation of the Municipality of Clarington
By-law 2018-045
Being a By-law to amend Clarington's Election Sign By-law 2016-004 to delegate
the authority to discontinue any election related advertising in contravention of
the Municipal Elections Act, 1996, to staff.
Whereas Section 88.7 of the Municipal Elections Act, 1996, as amended, (the Act)
states that "if a municipality is satisfied that there has been a contravention of section
88.3, 88.4 or 88.5, the municipality may require a person who the municipality
reasonably believes contravened the section or caused or permitted the contravention,
or the owner or occupier of the land on which the contravention occurred, to remove the
advertisement or discontinue the advertising"; and
Whereas Council deems it desirable to delegate authority to require the removal or
discontinuance of election advertising;
Now Therefore the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
1. That Clarington's Sign By-law 2016-004 be amended as follows:
a. The following definition be added to section 1:
"broadcast" means to transmit by radio or television.
"election campaign advertisement" means an advertisement in any
broadcast, print, electronic or other medium that has the purpose of
promoting or supporting the election of a candidate.
b. That the words "and election campaign advertisement" be added following
the word "signs" to section 7.
c. That section 24.1 of Part II (Restrictions) be added as follows:
24.1 Election Campaign Advertisements
No person shall cause an election campaign advertisement
to appear which contravenes sections 88.3, 88.4, or 88.5 of
the Municipal Elections Act, 1996.
d. That section 35.1 of Part III (Enforcement) be added as follows:
35.1 If an election campaign advertisement is broadcast in
violation of sections 88.3, 88.4, or 88.5 of the Act, the
Municipal Clerk, or designate, may require the person who
contravened or caused or permitted the contravention to
discontinue the broadcast.
2. This by-law comes into effect on the day of passing.
Passed in Open Council this 30th day of April, 2018.
Adrian Foster, Mayor
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C. Anne Greentree, Municipal Clerk