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Clerk's
Report
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Report To: Council
Date of Meeting: April 30, 2018
Report Number: CLD-015-18 Resolution: C-127-18
File Number: PG.33.03 By-law Number: 2018-045
Report Subject: Removal of Third Party Advertisements -- Delegation of Authority
Recommendations:
1. That Report CLD-015-18 be received;
2. That the Election Sign By-law 2016-004, be amended to delegate the Municipal
authority to remove third party advertisements, as granted through Section 88.7 of the
Municipal Elections Act, 2016, to the Municipal Clerk; and
3. That the draft amending by-law, Attachment 1 to Report CLD-015-18, be enacted.
Municipality of Clarington
Report CLD-015-18
Report Overview
Page 2
This Report is recommending an amendment to the Election sign By-law to delegate the
authority to discontinue any election campaign advertising in contravention of the Municipal
Elections Act, 1996, to staff.
1. Background
1.1 Section 11 of the Municipal Elections Act, 1996, (the MEA) assigns responsibility for
conducting municipal elections to the Municipal Clerk. This responsibility includes
"maintaining peace and order in connection with the election". Throughout the election
process, and in executing these responsibilities, the Municipal Clerk ensures that the
principles of the Act are maintained.
1.2 The principles of the Act require that, among other things, "the election should be fair
and non -biased", "the election should be accessible to the voters", and "voters and
candidates should be treated fairly and consistently within a municipality".
1.3 As was conveyed to Council in an earlier report (CLD-032-16), there were a significant
number of changes to the MEA. Section 88.7 is one such change that was referred to
in that Report, and which now with further understanding of the new section, requires
Council's consideration.
1.4 Historically, the regulation of candidate campaign advertising has focused on signs
through the Election Sign By-law. The MEA, however, now includes the regulating of
campaign advertising as well as registered third party advertisements — both signs and
broadcasts. Section 88.7 grants the authority to the "Municipality" (i.e. Council) to
require a person who contravened a provision regarding third party advertisements to
remove the advertisement or to discontinue the advertisement. (See Attachment 1 for
an excerpt of the MEA.)
2. Discussion
2.1 To require Council to enforce this provision regarding third party advertisements is
simply impractical. Authority for the removal of contravening election signs has been
delegated to staff through By-law 2016-004. The By-law, however, does not speak to
broadcasts or the discontinuation of such advertisements.
2.2 It is therefore recommended, that By-law 2016-004 be amended to expressly refer to
Section 88.7 of the MEA, and to delegate the authority to discontinue contravening third
party advertisements to the Municipal Clerk, or delegate.
3. Concurrence
Not Applicable
Attachment 1 to
Municipality of Clarington Report CLD-015-18
4. Conclusion
It is respectfully recommended that the draft amending by-law be enacted to delegate the
Municipal authority set out in Section 88.7 of the MEA to the Municipal Clerk.
5. Strategic Plan Application
Not applicable.
Submitted by:
C. Anne Greentree, B.A., CMO,
Municipal Clerk
Reviewed by:
Andrew C
CAO
Allison, B. Comm, LL.B
Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or
agreentree@clarington.net
Attachments:
1. Excerpt of the Municipal Elections Act, 1996
2. Draft amending by-law to By-law 2016-004
There are no interested parties to be notified of Council's decision.
Municipality of Clarington
Excerpt of the Municipal Elections Act, 1996
Candidates' election campaign advertisements
88.3 (1) In this section,
Attachment 1 to
Report CLD-015-18
"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.
Mandatory information in advertisement
(2) An election campaign advertisement purchased by or under the direction of a candidate
shall identify the candidate.
Mandatory information for broadcaster, etc.
(3) A candidate shall not cause an election campaign advertisement to appear unless he or
she provides the following information to the broadcaster or publisher in writing:
1. The name of the candidate.
2. The name, business address and telephone number of the individual who deals with the
broadcaster or publisher under the direction of the candidate.
Prohibition, broadcaster or publisher
(4) No broadcaster or publisher shall cause an election campaign advertisement to appear if
the information set out in paragraphs 1 and 2 of subsection (3) has not been provided.
Records
(5) The broadcaster or publisher of an election campaign advertisement shall maintain records
containing the following information for a period of four years after the date the advertisement
appears and shall permit the public to inspect the records during normal business hours:
1. The information provided under subsection (3).
2. A copy of the advertisement, or the means of reproducing it for inspection.
3. A statement of the charge made for its appearance.
Attachment 1 to
Municipality of Clarington Report CLD-015-18
Section Amendments with date in force (d/m/y)
Third party advertisements
88.4 (1) No individual, corporation or trade union shall incur expenses for a third party
advertisement that appears during the restricted period for third party advertisements unless
the individual, corporation or trade union is a registered third party under section 88.6 when the
expenses are incurred and when the advertisement appears.
Restricted period for third party advertisements
(2) The restricted period for third party advertisements in relation to an election in a
municipality begins on the earliest day that an individual, corporation or trade union is
permitted to file a notice of registration as a registered third party in relation to the election and
ends at the close of voting on voting day.
Limit on expenses
(3) The expenses incurred in relation to third party advertisements cannot exceed the amount
calculated under section 88.21 (registered third parties' expenses) for the registered third
party.
Section Amendments with date in force (d/m/y)
Mandatory information in third party advertisements
88.5 (1) No registered third party shall cause a third party advertisement to appear during the
restricted period unless the advertisement contains the following information:
1. The name of the registered third party.
2. The municipality where the registered third party is registered.
3. A telephone number, mailing address or email address at which the registered third party
may be contacted regarding the advertisement.
Attachment 1 to
Municipality of Clarington Report CLD-015-18
Mandatory information for broadcaster, etc.
(2) A registered third party shall not cause a third party advertisement to appear during the
restricted period unless he, she or it provides the following information to the broadcaster or
publisher in writing:
1. The name of the registered third party.
2. The name, business address and telephone number of the individual who deals with the
broadcaster or publisher under the direction of the registered third party.
3. The municipality where the registered third party is registered.
Prohibition, broadcaster or publisher
(3) No broadcaster or publisher shall cause a third party advertisement to appear during the
restricted period if the information set out in paragraphs 1 to 3 of subsection (2) has not been
provided.
Records
(4) The broadcaster or publisher of a third party advertisement shall maintain records
containing the following information for a period of four years after the date the advertisement
appears and shall permit the public to inspect the records during normal business hours:
1. The information provided under subsection (2).
2. A copy of the advertisement, or the means of reproducing it for inspection.
3. A statement of the charge made for its appearance.
Attachment 2 to
Municipality of Clarington Report CLD-015-18
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The Corporation of the Municipality of Clarington
By-law Number 2018-XXX
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.
Attachment 2 to
Municipality of Clarington Report CLD-015-18
"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.
By -Law passed in open session this day of , 2018.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk