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Clerk's
Report
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Report To: General Government Committee
Date of Meeting: November 6, 2017
Report Number: CLD -021-17 Resolution:
File Number: By-law Number:
Report Subject: Election Sign By-law — Proposed Amendments
Recommendations:
1. That Report CLD -021-17 be received; and
2. That the By-law, attached to Report CLD -021-17 as Attachment 1, to amend
By-law 2016-004, the Election Sign By-law, be approved.
Municipality of Clarington
Report CLD -021-17 Page 2
Report Overview
This Report details the necessary amendments to By-law 2016-004, to reflect the changes to
the Municipal Elections Act, 1996 as a result of Bill 181, Municipal Elections Modernization
Act.
1. Background
At the January 18, 2016 Council Meeting, Council considered Report CLD -004-16 and on
February 8, 2016, Council approved By-law 2016-004, being a stand-alone Election Sign
By-law. On November 7, 2016, the General Government Committee received Report
CLD -032-16 outlining Bill 181 and changes to the Municipal Elections Act (MEA). Bill 181 has
a direct impact on By-law 2016-004, as it relates to promotion of candidates and third party
advertising, including advertising on private properties being leased or rented.
For clarification, as defined in the MEA:
x a registered third party means, in relation to an election in a municipality, an individual,
corporation or trade union that is registered under section 88.6 of the MEA, and
x a third party advertisement means an advertisement in any broadcast, print, electronic
or other medium that has the purpose of promoting, supporting or opposing a candidate
or a "yes" or "no" answer to a question referred to in subsection 8(1), (2), or (3), but
does not include an advertisement by or under the direction of a candidate or an
advertisement described in subsection (2) or (2.1) of the MEA.
2. Proposal
2.1. Display of Signs at Residential Premises
Section 88.2 of the MEA provides that landlords and condominium corporations may not
prohibit tenants or owners from displaying campaign signs on the premises to which the lease
relates or his/her condominium unit. Notwithstanding this, changes stemming from Bill 181
provide landlords, property managers, condominium corporations, or other authorized agents,
the authority to establish reasonable limitations to the size and type of election signage
displayed on the property, and prohibit all election signage within common areas of the
building.
It is therefore recommended that the Election Sign By-law be amended to expressly reflect
these new provisions regarding the display of signs by tenants or condominium owners.
2.2. Mandatory Information in Advertisements
Candidates and registered third party advertisers are required to identify themselves on
campaign advertisements and signs, so that it is clear who is responsible for each sign and
advertisement that appears or is broadcast.
Municipality of Clarington
Resort CLD -021-17 Paae 3
All election signs will be marked to identify the registered third party or candidate.
The MEA requires that a candidate sign only include the name, whereas registered third party
signs require the name of the registered third party as well as contact information. To provide
for consistency and ease of understanding, and to assist in enforcement, it is recommended
that the by-law be amended to include the following provisions.
a) The required information to be included on the candidate sign is:
x Name of candidate, and
x Telephone number, mailing address or email address at which the registered third
party may be contacted regarding the advertisement
b) The required information to be included on the registered third party advertisement sign
is:
x Name of registered third party,
x The municipality where the registered third party is registered, and
x Telephone number, mailing address or email address at which the registered third
party may be contacted regarding the advertisement
2.3. Required Deposits
Under the current provisions of By-law 2016-004, candidates are required to place a deposit of
$250 for the erection of election signs at the time of registering. This deposit, being fully
refundable at the conclusion of the Election, helps to encourage candidates to ensure that all
signs will be erected in compliance with By-law 2016-004. This provision was introduced for
the 2014 municipal elections and proved to assist in achieving compliance.
To be consistent, it is recommended that the deposit also apply to registered third party
advertising signs. Whether it be a registered third party advertiser, or a registered Candidate,
obligations under, and enforcement of, the By-law for erecting election signs shall be
consistent.
3. Concurrence
This Report has been reviewed by the Municipal Solicitor who concurs with the
recommendations.
4. Conclusion
It is respectfully recommended that the attached By-law, being a by-law to amend Bylaw
2016-004, the Election Sign By-law, be approved.
Municipality of Clarington
Resort CLD -021-17
5. Strategic Plan Application
Not applicable.
Submitted by:
C. nne 4IG-3reenotree, BA, CMO
Municipal Clerk
Paae 4
Reviewed by: Z4VVA�
Andrew C. Allison, B. Comm, LL.B
CAO
Staff Contact: Duncan Anderson, Manager Municipal Enforcement, 905 623 3379 ext. 2110 or
danderson@clarington.net
Attachment:
Attachment 1 - By-law to amend By-law 2016-004
No interested parties on file.
Municipality of Clarington
Attachment 1 to
Report CLD -021-17
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
BY-LAW 2017 -
Being a by-law to amend the Election Sign By-law 2016-004
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it desirable
to amend Election Sign By-law 2016-004.
NOW THEREFORE be it enacted:
1. That By-law 2016-004 be amended as follows:
a. The definition of "person" within section 1 be amended to include
"registered third party".
b. The following definition be added to section 1
"registered third party" means an individual, corporation or trade union that is
registered under section 88.6 of the Municipal Elections Act, 1996".
c. That section 9.1 be added as follows:
9.1 All candidate signs shall include:
(a) name of candidate; and
(b) telephone number, mailing address or email address at which the
registered third party may be contacted regarding the advertisement.
d. That Section 9.2 be added as follows:
9.2 All registered third party advertisement signs shall include:
(a) name of registered third party;
(b) the municipality where the registered third party is registered; and
Municipality of Clarington
Resort CLD -021-17
Paae 6
(c) telephone number, mailing address or email address at which the
registered third party may be contacted regarding the advertisement.
e. That a new section 17.1 be added as follows:
17.1 Notwithstanding clause 17(b), a lease or tenant of property may display an
election sign as such conditions to reasonable size or type a landlord, building
manager, condominium corporation deems appropriate.
f. That sections 29 and 30 be amended to delete " candidate" and replace with
"registered candidate or registered third party":
2. This by-law comes into effect on April 1, 2018.
PASSED this xxt" day of November, 2017.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk