Post on 08-Jul-2020
Town of Huntsville
Agenda
General Committee Meeting
Wednesday, January 24, 2018 @ 9:00 AM
Council Chambers
Page
1. CONVENE 2. ADOPTION OF THE AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST 4. INVITED AND CEREMONIAL PRESENTATIONS 4.1. Teresa Oliver
Re: 425 Highview Rental Housing Project
5. DEPUTATIONS 5.1. Leslie Woodley, Crime Stoppers
Re: Muskoka Area Update and Request for Flag Raising
5.2.
Leon Braithwaite and Mike Fedorowich
Re: ATV Restriction in the Village of Port Sydney
6. REPORTS FROM MUNICIPAL OFFICERS 6.1. Andrew Stillar, Mike Vadlja
Re: Report Number DEV-2018-01 Fireworks By-law
That: Committee repeal By-law No. 73-24, being a By-law to regulate the setting off and sale of fireworks.
3 - 6
6.2. Kari Lambe, Simone Babineau
Re: Report Number CS-2018-02 Youth Day Camp Pricing
For information only
7 - 9
6.3. Kari Lambe
Re: Report Number CS-2018-01 Working From Heights Update
That: $50,000 for the Working From Heights projects budgeted in the 2017 facilities operating budget be transferred to the Facility Reserve for the completion of the project in 2018.
10 - 11
6.4. Lisa Smith
Re: Report Number HR-2018-02 Pregnancy and Parental Leave for Members of Council
That: The Pregnancy and Parental Leave for Members of Council Policy attached to Report HR-2018-02 be adopted.
12 - 15
Page 1 of 41
6.5. Steve Hernen
Re: Report Number OPS-2018-02 Completion of Phase 3 of Woodlands Heigths Subdivision
That: Committee approves staff recommendation to engage an Engineering firm to complete the necessary work on Phase 3 of Woodland Heights allowing the Town of Huntsville to assume the completed road;
And Further That: The necessary funds are taken from the securities held in the Towns trust account, which shall also include any outstanding funds owed to the Municipality for winter maintenance.
And Further That: The Mayor and Clerk are authorized to sign any necessary documentation.
16 - 18
6.6. Tanya Calleja
Re: Report Number CORP-2018-01 Bill 68 - Modernizing Ontario's Municipal Legislation Act, 2017 - Summary
For Information Only.
19 - 29
6.7. Tanya Calleja
Re: Report Number CORP-2018-02 Election Sign By-law
IT IS RECOMMENDED THAT: Committee approves the Draft Election Sign By-law attached as Appendix A to Report CORP-2018-02 and directs staff to forward it to Council for consideration;
AND FURTHER THAT: Sign By-law 2009-100 be amended removing all references to election signs.
30 - 41
6.8.
Verbal Presentation by Derrick Hammond and Steve Hernen
Re: Main Street Construction
7. NEW BUSINESS 7.1. 425 Highview Rental Housing Project 7.2. Crime Stoppers - Request for Flag Raising 7.3.
ATV Restriction in the Village of Port Sydney
7.4.
Petition received regarding the opposition to ATV restriction on Muskoka Road 10, South Mary Lake Road and Deer Lake Road (Village of Port Sydney)
- 165 Signatures
8. GENERAL INFORMATION 9. CLOSED SESSION (IF APPLICABLE) 10. BUSINESS ARISING FROM CLOSED SESSION (IF APPLICABLE) 11. ADJOURNMENT
Page 2 of 41
Town of Huntsville Staff Report
Meeting Date: January 24, 2018
To: General Committee
Report Number: DEV-2018-01
Confidential: No
Author(s): Andrew Stillar, Mike Vadlja,
Subject: Fireworks By-law
Report Highlights
• This report provides an overview of the review of By-law No. 73-24.
Recommendation
That: Committee repeal By-law No. 73-24, being a By-law to regulate the setting off and sale of fireworks.
Background
Passed by Council on the 23rd day of April, 1973, the effect of By-law 73-24 is to restrict the sale of fireworks to only those 18 years of age and over, as well as to restrict the setting off of fireworks within Town limits. As part of the By-law Enforcement Services Review, staff undertook a review of this by-law in late 2017 and
consulted with Fire Department staff as to the applicability of the by-law given its age.
Discussion
Since the time the by-law was passed, updates to Provincial and Federal legislation have occurred and subsequently rendered the by-law obsolete. In this regard, Article 5.2.1.2 of the Ontario Fire Code (O. Reg. 213/07), which is a regulation of the Fire Protection and Prevention Act, 1997, requires that the manufacture, storage, handling, transportation, sale and use of explosives meet the requirements of the Explosives Act and Regulations. Further, Article 5.2.1.4 of the Ontario Fire Code states that "The handling and discharge of fireworks and pyrotechnics shall comply with Natural Resources Canada (NRCan), “Display Fireworks Manual” and NRCan, “Pyrotechnics Special Effects Manual”.
Page 3 of 41
In addition, the Federal Explosives Act (R.S.C., 1985, c. E-17), which is implemented by the Explosive Regulations, 2013 (SOR/2013-211) specifically deals with the distribution, storage and sales of the consumer fireworks.
Section 19 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 provides the authority for Fire Prevention Officer Mike Vadlja, as an Inspector, to enforce the relevant provisions of the above noted legislation and regulations pertaining to Fireworks. As it relates to the noise generated from the detonation of fireworks, this will continue to be regulated through the Town's Noise By-law No. 2015-31.
Options
1. Repeal By-law No. 73-24 (recommended)
2. Not repeal By-law No. 73-24 (not recommended)
Capital
n/a
Operational
n/a
Council Strategic Direction / Relevant Policies / Legislation / Resolutions
Town of Huntsville Strategic Plan 2017
Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 O. Reg. 213/07 as amended
Natural Resources Canada "Display Fireworks Manual 2010
Explosives Act (R.S.C., 1985, c. E-17)
Explosive Regulations, 2013 (SOR/2013-211)
Town of Huntsville Noise By-law No. 2015-31
Attachments
1973 Bylaws Fireworks
Consultations
Mike Vadlja, Fire Prevention Officer
Respectfully Submitted:
Andrew Stillar, Mike Vadlja,
Manager Approval (if required):
_________________________________
Director Approval:
Derrick Hammond, Director of Development Services
Page 4 of 41
CAO Approval:
Denise Corry, Chief Administrative Officer
Page 5 of 41
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1. Fireworks shall not be set off within the limits o?the Area Town of Huntsville with the Followinq excentions.
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Page 6 of 41
Town of Huntsville Staff Report
Meeting Date: January 24, 2018
To: General Committee
Report Number: CS-2018-02
Confidential: No
Author(s): Kari Lambe, Simone Babineau,
Subject: Youth Day Camp Pricing
Report Highlights
- The per day youth camp price is established based on the maximum per day subsidy rate as identified by the District of Muskoka.
- Subsidy funding is available to qualified families through the District of Muskoka, which is funded through the Province of Ontario.
- Due to the impacts of Bill 148 (minimum wage increase), the province is increasing the funding for licensed child care however no funding increase has been announced for recreation day camp programs.
- SWB costs for 2018 youth camps has increased in 2018 due to the minimum wage increase. This is included in the draft 2018 operational budget.
Recommendation
This report is for information only.
Background
Prior to 2018 youth camp registration fees recovered the expense of salary, wages and benefits (SWB) for all staff directly employed in camp and the materials and supplies to deliver camp programs. Not recovered in the registration fees is administration costs such as customer service for such things as registration/3rd party billing and subsidy reporting, the Manager of Recreation & Leisure Services SWB, other support departments (ie. Human Resources) and facility costs.
In 2017 the number of children that participated in Summit Summer Camp who received some form of subsidy was approximately 25%. In previous years this number has ranged from 25-40%. In 2017 a total of 875 children were registered in Summit Summer Camp over 9 weeks.
Discussion
Page 7 of 41
The province has announced an increase of funding to subsidize qualified families for licensed child care. At this time the province has not announced an increase in the funding available for subsidized non licensed child care and recreation youth camp experiences. Through the District of Muskoka the current maximum subsidy available per child per day is $32.00 (provincially funded program). The Town of Huntsville Youth Camp is currently offered at $32.00 per day or $160.00 per week based on either PD Day Youth Camp or Summit Summer Camp.
The 2018 draft operating budget for Recreation & Leisure Services takes into account the increase to minimum wage and the price of $32 per day per child for youth camp. If the Town was to increase the cost of camp registration to continue to recover the SWB for all staff directly employed in camp and the materials and supplies to deliver the camp programs it is estimated the cost of camp would need to increase to $38.40 per child per day or $192.00. If the cost of camp increased families on subsidy would be required to pay the difference in rate between the subsidy level and the full cost of camp. Many families in our community would therefore not be able to participate.
Annually in July The District of Muskoka Community Services Division staff provides an update to the District Community Services Committee regarding youth camp subsidy funding and the maximum available amount available per child per day. At the time this report was written it is unknown if it will increase in 2018.
Registration for day camp is available online at Huntsville.ca for all participants who do not receive a subsidy. Any participants who receive a subsidy must register in person at the Canada Summit Centre so that 3rd party billing may be established.
Options
This report is for information only.
Capital
None
Operational
The 2018 draft operating budget for Recreation & Leisure Services takes into account the increase to minimum wage and the price of $32 per day per child for youth camp. If the Town was to increase the cost of camp registration to continue to recover the SWB for all staff directly employed in camp and the materials and supplies to deliver the camp programs it is estimated the cost of camp would need to increase to $38.40 per child per day or $192.00.
Council Strategic Direction / Relevant Policies / Legislation / Resolutions
Strategic Plan 2017 & Beyond:
Healthcare & Wellness:
GOAL #3: Ensure Huntsville is seen as a safe, welcoming and inclusive community
- Create opportunities to ensure vulnerable populations ( i.e. low income families, seniors, youth) have access to recreation, housing, and active living pursuits.
Consultations
Page 8 of 41
Tina Kilbourne, Manager of Children's Programs, District of Muskoka
Respectfully Submitted:
Kari Lambe, Simone Babineau,
Manager Approval (if required):
Simone Babineau, Manager of Recreation & Leisure Services
Director Approval:
Kari Lambe, Director of Community Services
CAO Approval:
Denise Corry, CAO
Page 9 of 41
Town of Huntsville Staff Report
Meeting Date: January 24, 2018
To: General Committee
Report Number: CS-2018-01
Confidential: No
Author(s): Kari Lambe, Director of Community Services
Subject: Working From Heights Update
Report Highlights
- $50,000 budgeted in 2017 operating budget to meet working from heights requirements, including railings for various buildings
- Procurement for project completed in 2017, work to happen in 2018
Recommendation
That: $50,000 for the Working From Heights projects budgeted in the 2017 facilities operating budget be transferred to the Facility Reserve for the completion of the project in 2018.
Background
Working from heights legislation requires identified safety requirements for roofs. In 2017 $50,000 was budget in the facilities operation budget for the installation of railings on the roof of the Civic Centre and the Canada Summit Centre.
Discussion
Procurement for the projects was completed in 2017. The work will be completed in early 2018.
Options
The requirement for railings is legislated. The work must progress to be compliant and to ensure a safe environment for those accessing the roof of the Civic Centre and the Canada Summit Centre.
Capital
Page 10 of 41
$50,000 from the 2017 facilities operating budget be transferred to the facilities reserve. No net impact on the budget, amounts are being transferred to 2018.
Operational
No impact on the 2018 operational budget.
Council Strategic Direction / Relevant Policies / Legislation / Resolutions
Occupational Health & Safety Act, Regulation 851/90
Ministry of Labour, Ontario Working From Heights Guideline
Consultations
Pete Kingshott, Manager of Facilities
Julia McKenzie, Treasure/Manager of Finance
Respectfully Submitted:
Kari Lambe, Director of Community Services
Manager Approval (if required):
_________________________________
Director Approval:
Kari Lambe
CAO Approval:
Denise Corry, CAO
Page 11 of 41
Town of Huntsville Staff Report
Meeting Date: January 24, 2018
To: General Committee
Report Number: HR-2018-02
Confidential: No
Author(s): Lisa Smith, Manager of Human Resources
Subject: Pregnancy and Parental Leave for Members of Council
Report Highlights
• New policy to be adopted entitled "Pregnancy and Parental Leave for Members of Council"
Recommendation
That: the Pregnancy and Parental Leave for Members of Council Policy attached to Report HR-2018-02 be adopted.
Background
Prior to Bill 68, the Modernizing Ontario's Municipal Legislation Act, 2001, if a Member of Council was pregnant, gave birth to a child or adopted a child, the Member was required to seek and receive a resolution of Council for an extended leave of absence, as would be required for an extended absence for any reason.
Discussion
Bill 68 now provides an exemption to the above noted position, meaning that no motion is required to grant leave for a Member for 20 consecutive weeks or less if the absence is a result of the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member. Furthermore, an office is not vacated due to absences related to pregnancy or the birth or adoption of the member's child.
This Bill 68 provision is now in effect and staff are recommending that the attached policy entitled "Pregnancy and Parental Leave for Members of Council" be adopted.
Options
Page 12 of 41
Option 1
Adopt the Pregnancy and Parental Leave for Members of Council Policy
Operational
Should a Council Member exercise the pregnancy/parental leave provision under Bill 68 there may be savings within the remuneration costs of the Council Member on leave.
Council Strategic Direction / Relevant Policies / Legislation / Resolutions
Council Strategic Direction - Financial Management and Governance - Goal #3 - Ensure municipal operations are streamlined, efficient and effective.
Attachments
Pregnancy and Parental Leave for Members of Council Policy
Consultations
Tanya Calleja, Municipal Clerk
Respectfully Submitted:
Lisa Smith, Manager of Human Resources
Manager Approval (if required):
_________________________________
Director Approval:
_________________________________
CAO Approval:
Denise Corry, CAO
Page 13 of 41
Version 1-13
CORPORATE POLICYPregnancy and Parental Leave for Members of Council
SECTION: EFFECTIVE DATE:
SUBJECT: Pregnancy and Parental Leave for Members of Council
POLICY NUMBER:
POLICY:
The Town of Huntsville recognizes a Member of Council’s right to take leave for the Members’ pregnancy, the birth of the Member’s child or the adoption of a child by the Member in accordance with the Municipal Act, 2001 and the Procedural By-law.
DEFINITIONS:Pregnancy and/or Parental Leave - an absence of 20 consecutive weeks or less as a result of a Member’s pregnancy, the birth of a Member’s child or the adoption of a child by the Member in accordance with Section 259 (1.1) of the Municipal Act, 2001.
PURPOSE:
This policy provides guidance on how the Town of Huntsville addresses a Member’s pregnancy or parental leave in a manner that respects a Member’s statutory role as an elected representative.
SCOPE:
In accordance with Section 270 of the Municipal Act, 2001, this policy applies to Members of Council.
POLICY REQUIREMENTS:
Town Council supports a Member of Council’s right to pregnancy and/or parental leave in keeping with the following principles:
Page 14 of 41
1. A Member of Council is elected to represent the interests of their constituents2. A Member’s pregnancy and/or parental leave does not require Council approval and their office cannot be
declared vacant as a result of the leave3. Legislative and administrative matters requiring action during a Member’s pregnancy and/or parental leave
should be addressed in a manner that is consistent with the Member’s wishes4. A Member of Council on pregnancy and/or parental leave shall reserve the right to exercise their delegated
authority at any time during their leave
Notwithstanding, at any point in time during a Member’s pregnancy or parental leave, the Member reserves the right to exercise their delegated authority on matters within the Ward. The Member shall provide written notice to the Municipal Clerk of their intent to lift any of the Council-approved, temporary delegations and exercise their statutory role or designated authority.
RESPONSIBILITIES
Members of Council and Town staff are responsible for adhering to the parameters of this policy.
MONITORING/CONTRAVENTIONS
The Municipal Clerk shall be responsible for monitoring the application of this policy and for receiving complaints and/or concerns related to this policy.
LEGISLATIVE AND ADMINISTRATIVE AUTHORITIES
Section 270 of the Municipal Act, 2001, as revised by Bill 68, requires that the Town adopt and maintain a policy with respect to the pregnancy and parental leaves of Members of Council.
Page 15 of 41
Town of Huntsville Staff Report
Meeting Date: January 24, 2018
To: General Committee
Report Number: OPS - 2018-02
Confidential: No
Author(s): Steve Hernen, Director of Operations and Protective Services
Subject: Completion of Phase 3 of Woodlands Heigths Subdivision
Report Highlights
Committee approved Town of Huntsville staff to complete the outstanding road work on Natures Way due to a default by original developer and that the funds held by the Town be used to cover the cost.
Recommendation
That: Committee approves staff recommendation to engage an Engineering firm to complete the necessary work on Phase 3 of Woodland Heights allowing the Town of Huntsville to assume the completed road;
And Further That: The necessary funds are taken from the securities held in the Towns trust account, which shall also include any outstanding funds owed to the Municipality for winter maintenance.
And Further That: The Mayor and Clerk are authorized to sign any necessary documentation.
Background
The Town of Huntsville entered into a subdivision agreement with 959905 Ontario Limited, in trust on September, 6, 1993 for the development of Woodland Heights subdivision, which included the building of the road network.
Discussion
The subdivision was being built in 3 phases. The first 2 phases have been built and the town has assumed the roads. The final phase which began development in 2007 includes the last road of the subdivision known as Nature’s Way. Although this road received initial acceptance by the town, and
Page 16 of 41
many of the lots now have residential buildings the road has never been complete as per the agreement and has not been assumed by the Town.
During the fall of 2017 many attempts to contact the developer to discuss having the necessary work completed so that the town can assume the road were unsuccessful. The original development company no long exists and the principal partner of the company has passed away.
As per the agreement the Town of Huntsville is holding $175,800.00 in cash securities in a trust account to allow the Town to complete the project in the event of a default of the developer.
Town staff would have like to engage the original Engineering firm as they are familiar with the project and have all the design and site inspection records however we are not able to locate the original Engineer. Therefore we will need to engage a new Engineering firm to complete the following task:
• Completing a detailed deficiency list
• Prepared necessary tender document to complete outstanding work as pre agreement
• Issue tender and award contract
• Act as owner’s agent to oversee the completion of necessary work
• Provide Town with finial Engineering report that work is complete as per agreement. Once this has been completed a road assumption by-law will be presented to Council for approval and Nature’s Way road will be added to Towns road inventory and capital plan.
Capital
Once the Town assumes the road the asset (road surface, storm system, streetlights and road base) will need to be add to roads capital plan and schedule for resurfacing in future years.
Operational
The Town presently is holding $175,800.00 in a trust account, which staff believe is sufficient to cover the towns expenses to complete outstanding work as per subdivision agreement. Once a deficiency list is completed a construct budget estimate will be created.
In the event that there is insufficient funds available staff will report to Council for direction on how to proceed.
Council Strategic Direction / Relevant Policies / Legislation / Resolutions
Strategic Plan 2017 and Beyond
• Roads and Infrastructure o Objective - Conduct an asset inventory of infrastructure and facilities, and prepare a
long term management plan including disposition options where appropriate
• Financial Management and Governance o Objective - Apply a strategic approach to budget and resource allocation o Objective - Ensure Municipal operations are streamlined, efficient and effective
Consultations
Brandon Hall, Engineering Technician
Julia McKenzie, Manager of Finance/Treasure
Page 17 of 41
Respectfully Submitted:
Steve Hernen, Director of Operations and Protective Services
Manager Approval (if required):
_________________________________
Director Approval:
Stephen Hernen, Director of Operations and Protective Services
CAO Approval:
Denise Corry, CAO
Page 18 of 41
Town of Huntsville Staff Report
Meeting Date: January 24, 2018
To: General Committee
Report Number: CORP-2018-01
Confidential: No
Author(s): Tanya Calleja, Municipal Clerk
Subject: Bill 68 - Modernizing Ontario's Municipal Legislation Act, 2017 - Summary
Report Highlights
Summary of changes to the Municipal Act, 2001, Municipal Conflict of Interest Act and Municipal Elections Act, 1996 resulting from Bill 68 – Modernizing Ontario’s Municipal Legislation Act, 2017 (as per responsibilities within the Clerk’s Department).
Recommendation
For Information Only.
Background
Bill 68 - Modernizing Ontario's Municipal Legislation Act, 2017 received Royal Assent on May 30, 2017.
Changes resulting from the Bill will come into force in phases; some sections upon Royal Assent (May 30, 2017) and some sections upon proclamation (January 1, 2018 and March 1, 2019).
Discussion
Staff will be bringing forward amendments to various municipal policies as noted in Appendix A attached. (i.e. Procedural By-law, Council Code of Conduct, Records Retention By-law and Appointing By-law.
Options
N/A
Capital
Page 19 of 41
N/A
Operational
N/A
Council Strategic Direction / Relevant Policies / Legislation / Resolutions
Municipal Act, 2001
Municipal Elections Act, 1996
Municipal Conflict of Interest Act
Procedural By-law 2010-130
Council Code of Conduct By-law 2016-95
Appointing By-law 2014-125
Strategic Plan 2017 and Beyond:
Goal #3 Objective: Continuously review all bylaws and administrative requirements to ensure they are appropriate and necessary.
Attachments
CORP-2018-01 - Bill 68 - App A
Consultations
Nil
Respectfully Submitted:
Tanya Calleja, Municipal Clerk
Manager Approval (if required):
_________________________________
Director Approval:
Yvonne Aubichon, Director of Corporate Services
CAO Approval:
Denise Corry, Chief Administrative Officer
Page 20 of 41
MUNICIPAL ACT
Change Section Description Effective Date
Potential Policy Changes
Establishment of Community Councils
New Section 23.6
Municipalities may establish one or more community councils. The community council may include a council committee or a body having at least two members comprised of one or more members of council, individuals appointed by council, or a combination.
May 30, 2017
Upper Tier Councils
Amendments to Sections 218, 219 & 221 and new Sections 219.1, 219.2 & 219.3
Rules as to how regional municipalities are able to change the composition of their councils including a requirement to review, for each of its lower-tier municipalities, the number of its members that represent the lower-tier municipality.
January 1, 2018
Council Code of Conduct
Amendments to Section 223.2
Municipalities are now required to establish codes of conduct for members of council and of local boards.
March 1, 2019
Integrity Commissioner Expanded Role
Amendment to Subsection 223.3 (1)
Expanded list of responsibilities of a Commissioner: Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the following: 1. The application of the code of conduct for members of council and
the code of conduct for members of local boards. 2. The application of any procedures, rules and policies of the
municipality and local boards governing the ethical behaviour of members of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the
March 1, 2019
Council Code of Conduct
Page 21 of 41
Change Section Description Effective Date
Potential Policy Changes
municipality or of the local board, as the case may be, governing the ethical behaviour of members.
6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act.
If no Integrity Commissioner Appointed
New Section 223.3 (1.1)
Municipalities that have not appointed an Integrity Commissioner must now make arrangements for all of the responsibilities listed in subsection 223.3 (1) to be provided by a Commissioner of another municipality.
March 1, 2019
If Responsibilities Have Not Been Assigned to the Integrity Commissioner
New Section 223.3 (1.2)
Municipalities that have appointed an Integrity Commissioner but have not assigned functions with respect to one or more of the responsibilities set out in subsection 223.3 (1), must make arrangements for those responsibilities to be provided by a Commissioner of another municipality.
March 1, 2019
Requests for Advice and Responses by Integrity Commissioner in Writing
New Subsections 223.3 (2.1) and (2.2)
A request by a member of council or of a local board for advice from the Commissioner under paragraph 4, 5 or 6 of subsection (1) shall be made in writing. If the Commissioner provides advice to a member of council or of a local board under paragraph 4, 5 or 6 of subsection (1), the advice shall be in writing.
March 1, 2019
Council Code of Conduct
Educational Information Provided by Integrity Commissioner
New Subsection 223.3 (2.3)
If the Commissioner provides educational information to the public under paragraph 7 of subsection (1), the Commissioner may summarize advice he or she has provided but shall not disclose confidential information that could identify a person concerned.
March 1, 2019
Page 22 of 41
Change Section Description Effective Date
Potential Policy Changes
Indemnification of Integrity Commissioner
New Subsections 223.3 (6) and (7)
Municipalities must to indemnify Integrity Commissioners or any persons acting under the instructions of that officer for costs reasonably incurred in connection with the defence of certain proceedings
March 1, 2019
Inquiries by Integrity Commissioner Conducted under the Municipal Conflict of Interest Act
New Section 223.4.1
Amendments regarding rules that apply if an Integrity Commissioner conducts an inquiry, on application from an elector, as defined in the Municipal Conflict of Interest Act, or a person demonstrably acting in the public interest, concerning an alleged contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act.
March 1, 2019
Council Code of Conduct
Inquiries During an Election Year
New Subsections 223.4 (7), (8) & (9)
If the Commissioner has not completed an inquiry before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, the Commissioner shall terminate the inquiry on that day. Same If an inquiry is terminated under subsection (7), the Commissioner shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the person or entity who made the request or the member or former member whose conduct is concerned makes a written request to the Commissioner that the inquiry be commenced. Other rules that apply during regular election (9) The following rules apply during the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act: 1. There shall be no requests for an inquiry about whether a member of
council or of a local board has contravened the code of conduct applicable to the member.
2. The Commissioner shall not report to the municipality or local board about whether, in his or her opinion, a member of council or of a local board has contravened the code of conduct applicable to the
March 1, 2019
Council Code of Conduct
Page 23 of 41
Change Section Description Effective Date
Potential Policy Changes
member. 3. The municipality or local board shall not consider whether to impose
the penalties referred to in subsection (5) on a member of council or of a local board.
Upper Tier Term of Office
Amendment to Subsection 235 (1)
The term of office of a person who becomes a member of the council of an upper-tier municipality under subsection 233 (2), section 234 or by virtue of holding an office on the council of a lower-tier municipality is four years beginning on November 15 in the year of a regular election. Transition Despite subsection (1), with respect to the 2018 regular election, the term of office of a person described in that subsection shall begin on December 1, 2018 and end on November 14, 2022.
May 30, 2017
Procedural By-law
Definition of “Meeting”
Repealed and Substituted Subsection 238 (1)
“meeting” means any regular, special or other meeting of a council, of a local board or of a committee of either of them, where,
(a) a quorum of members is present, and (b) members discuss or otherwise deal with any matter in a way that
materially advances the business or decision-making of the council, local board or committee.
January 1, 2018
Procedural By-law
Electronic Participation
New subsections 238 (3.1) & (3.2)
The applicable procedure by-law may provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting which is open to the public to the extent and in the manner set out in the by-law provided that any such member shall not be counted in determining whether or not a quorum of members is present at any point in time. Same The applicable procedure by-law shall not provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting which is closed to the public.
January 1, 2018
Procedural By-law
Page 24 of 41
Change Section Description Effective Date
Potential Policy Changes
Closed Meeting Exceptions
New Subsections 239 (2) (h), (i), (j) & (k)
A meeting or part of a meeting may be closed to the public if the subject matter being considered is, (h) information explicitly supplied in confidence to the municipality or
local board by Canada, a province or territory or a Crown agency of any of them;
(i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
(j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or
(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.
January 1, 2018
Procedural By-law
Reporting on a Closed Meeting Investigation
New Subsection 239.2 (12)
Requires a municipality or a local board to pass a resolution stating how it intends to address a report from a person referred to in clause 239.1 (a) or (b) reporting his or her opinion that a meeting or part of a meeting that was the subject of an investigation by that person appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2).
January 1, 2018
Records Retention By-law
Amendment to Subsections 255 (3) & (4)
Removal of the requirement for approval of the Records Retention Schedule by the municipality’s auditor.
May 30, 2017
Records Retention By-law
Vacant Seat Exception
New Subsection 259 (1.1)
An office is not vacated due to absences related to pregnancy or the birth or adoption of the member’s child.
May 30, 2017
Temporary Replacement, Member of Upper Tier Council
New Section 268
Permits a local municipality to appoint an alternate member when a person who is a member of both the local council and upper-tier council is unable to attend a meeting of the upper-tier council.
January 1, 2018
Appointing By-law
Page 25 of 41
Change Section Description Effective Date
Potential Policy Changes
Limitation (2) Subsection (1) does not authorize,
(a) the appointment of more than one alternate member during the term of council;
(b) the appointment of an alternate member to act in place of an alternate member appointed under subsection 267 (1) or (2); or
(c) the appointment of an alternate head of council of the upper-tier municipality.
Other temporary replacement (3) Despite clause (2) (a), if the seat of the member who has been appointed as an alternate member under subsection (1) becomes vacant, the council of a local municipality may appoint another of its members as an alternate member for the remainder of the council term.
New Policies New Subsections 270 (1) 2.1 & 8
A municipality shall adopt and maintain policies with respect to the following matters: 2.1 The relationship between members of council and the officers and employees of the municipality. 8 Pregnancy leaves and parental leaves of members of council.
March 1, 2019
New
MUNICIPAL CONFLICT OF INTEREST ACT
Change Section Description Effective Date
Potential Policy Changes
Principles in Relation to the Duties of Members of Councils and of Local Boards
New Section 1.1 The Province of Ontario endorses the following principles in relation to the duties of members of councils and of local boards under this Act:
1. The importance of integrity, independence and accountability in local government decision-making.
2. The importance of certainty in reconciling the public duties and pecuniary interests of members.
3. Members are expected to perform their duties of office with integrity and impartiality in a manner that will bear the closest
March 1, 2019
TBD
Page 26 of 41
Change Section Description Effective Date
Potential Policy Changes
scrutiny.
4. There is a benefit to municipalities and local boards when members have a broad range of knowledge and continue to be active in their own communities, whether in business, in the practice of a profession, in community associations, and otherwise.
Where Member to Leave Closed Meeting – Exception, Consideration of Penalty
New Subsection 5 (2.1)
Sets out special rules that apply where the matter under consideration is whether to impose a penalty on the member under subsection 223.4 (5) or (6) [Code of Conduct] of the Municipal Act, 2001.
March 1, 2019
TBD
Pecuniary Interest Written Statement
New Section 5.1 At a meeting at which a member discloses an interest under section 5, or as soon as possible afterwards, the member shall file a written statement of the interest and its general nature with the clerk of the municipality or the secretary of the committee or local board, as the case may be.
March 1, 2019
TBD
Pecuniary Interest - Influencing
New Section 5.2 Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter that is being considered by an officer or employee of the municipality or local board, or by a person or body to which the municipality or local board has delegated a power or duty, the member shall not use his or her office in any way to attempt to influence any decision or recommendation that results from consideration of the matter.
March 1, 2019
TBD
Pecuniary Interest Registry
New Section 6.1 Requires municipalities and local boards to establish and maintain registries that keep copies of statements filed under section 5.1 and of declarations recorded under section 6 and shall make available for public inspection.
March 1, 2019
TBD
Contraventions to the Act
Repealed and Substituted Sections 8, 9 & 10
Sets out rules governing court actions respecting alleged contraventions of the Act. New rules permit an elector, an Integrity Commissioner of a municipality or a person demonstrably acting in the public interest to make an application to a judge and that expand the range of
March 1, 2019
TBD
Page 27 of 41
Change Section Description Effective Date
Potential Policy Changes
consequences that may be imposed on a member by a judge.
Power of Judge Section 9 referenced above
If the judge determines that the member or former member contravened section 5, 5.1 or 5.2, the judge may do any or all of the following:
1. Reprimand the member or former member. 2. Suspend the remuneration paid to the member for a period of up
to 90 days. 3. Declare the member’s seat vacant. 4. Disqualify the member or former member from being a member
during a period of not more than seven years after the date of the order.
5. If the contravention has resulted in personal financial gain, require the member or former member to make restitution to the party suffering the loss, or, if the party’s identity is not readily ascertainable, to the municipality or local board, as the case may be.
Same In exercising his or her discretion under subsection (1) the judge may consider, among other matters, whether the member or former member,
(a) took reasonable measures to prevent the contravention; (b) disclosed the pecuniary interest and all relevant facts known to
him or her to an Integrity Commissioner in a request for advice from the Commissioner under the Municipal Act, 2001 or the City of Toronto Act, 2006 and acted in accordance with the advice, if any, provided to the member by the Commissioner; or
(c) committed the contravention through inadvertence or by reason of an error in judgment made in good faith.
March 1, 2019
TBD
Page 28 of 41
MUNICIPAL ELECTIONS ACT
Change Section Description Effective Date
Potential Policy Changes
Term of Office
Amendment to Section 6 (1)
The term of all offices to which this Act applies is four years, beginning on November 15 in the year of a regular election. Transition Despite subsection (1), with respect to the 2018 regular election, the term of all offices to which this Act applies shall begin on December 1, 2018 and end on November 14, 2022.
May 30, 2017
Endorsement of Nominations for Council
New Subsections 33 (1.1) (1.2), (1.3), (1.4), (1.5), (2)(a.1) & (2.1)
Requirements relating to the nomination of a person for an office on a council of a municipality. Nominations must be endorsed by at least 25 persons.
April 1, 2018
Maximum Contributions to Candidates
Amended Subsection 88.9
Increases the maximum contribution to a candidate from $750 to $1200. May 30, 2017
Maximum Contributions to a Candidate’s own Election Campaign
New sections 88.9.1 & 33.0.2
Provides rules concerning the maximum amount that a candidate for an office of council and his or her spouse are permitted to make to the candidate’s own election campaign. Upon the filing of a person’s nomination, the Clerk shall give a certificate of the applicable maximum amount.
May 30, 2017
Maximum contributions to registered third parties
Amended Subsection 88.13
Increases the maximum contribution to a registered third party in relation to third party advertisements from $750 to $1,200.
April 1, 2018
Page 29 of 41
Town of Huntsville Staff Report
Meeting Date: January 24, 2018
To: General Committee
Report Number: CORP-2018-02
Confidential: No
Author(s): Tanya Calleja, Municipal Clerk
Subject: Election Sign By-law
Report Highlights
Request for approval of a new stand-alone Election Sign By-law.
Recommendation
IT IS RECOMMENDED THAT: Committee approves the Draft Election Sign By-law attached as Appendix A to Report CORP-2018-02 and directs staff to forward it to Council for consideration;
AND FURTHER THAT: Sign By-law 2009-100 be amended removing all references to election signs.
Background
The Municipal Act provides that municipalities may pass by-laws which govern where election signs can be placed as well as when. Currently, election signs are briefly noted in the Town’s Sign By-law No. 2009-100 as follows:
2. Definition
2.9 Election sign means any notice device which is used by or on behalf of a political party or candidate for any Federal, Provincial, or Municipal election.
3. Signs Not Requiring Permits
3.12 Election signs must not be located in visible triangle or otherwise cause traffic concerns.
5. Regulations Respecting Size, Type and Location
5.8 Private Signs permitted on Municipal road allowances
5.8.1 Election and Real Estate signs may be erected on the Municipal road allowance, as long as they do not interfere with traffic or pedestrians, obstruct other signage. No signs are permitted within the visibility triangle.
Page 30 of 41
Discussion
Staff are recommending a more thorough and stand-alone Election Sign By-law for easier understanding of the rules and regulations surrounding election signs for candidates, registered third party advertisers and the public.
By-law Outline
The new by-law will address the following:
• The earliest date for the placement of election signs
• Municipal - Nomination Day in the year of a regular election
• Federal or Provincial – No earlier than the date of the Writ of Election
• The length of time election signs must be removed after the election date (72 hours)
• Restrictions on properties
• Assigning the enforcement of Election Sign By-law to the Clerk, Clerk’s designate and By-law Enforcement Officer.
• Set fines.
District of Muskoka
The District of Muskoka sets out permissions on District road allowances within their By-laws. The District Clerk has noted she will be reviewing and potentially recommending changes to their current District Sign By-law as it relates to elections.
Ministry of Transportation
The Ministry of Transportation sets out permissions on Provincial properties including laneways.
Human Resources Implications
The By-law Enforcement Department will be called upon to enforce this new by-law and set fines as delegated by the Clerk. An amendment to the By-law is anticipated for Third Party Advertising once the framework comes into effect on April 1, 2018.
Options
Option 1: Approving the Draft Election Sign By-law (Recommended)
Option 2: Not approving the Draft Election Sign By-law and maintaining the current minimal provisions set out in Sign By-law 2009-100. (Not recommended)
Capital
Nil
Operational
Page 31 of 41
Nil
Council Strategic Direction / Relevant Policies / Legislation / Resolutions
Report DEV-2016-100 presented by the Executive Director of Development Services (retired) to General Committee on June 29, 2016 noted the Clerks Department would be bringing forward recommendations to enhance the management of election signs before the 2018-2022 Municipal Election.
Canada Elections Act S.C. 2000, c. 9
Election Act, R.S.O. 1990, c. E.6
Municipal Act, 2001
Municipal Elections Act, 1996
Strategic Plan 2017 and Beyond:
• Goal #3 Objective: Continuously review all bylaws and administrative requirements to ensure they are appropriate and necessary.
Attachments
Appendix A - 2018 Draft - Sign By-law
Consultations
Derrick Hammond, Director of Development Services
Steve Hernen, Director of Operations & Protective Services
Julia McKenzie, Manager of Finance/Treasurer
Chris Nagy, Chief Building Official
Lisa Smith, Human Resources Coordinator
Andrew Stillar, Chief By-law Enforcement Officer
Respectfully Submitted:
Tanya Calleja, Municipal Clerk
Manager Approval (if required):
_________________________________
Director Approval:
Yvonne Aubichon, Director of Corporate Services
CAO Approval:
Denise Corry, Chief Administrative Officer
Page 32 of 41
CORPORATION OF THE TOWN OF HUNTSVILLE
BY-LAW NUMBER 2018-DRAFT
Being a By-law to Regulate Election Signs in Municipal,
Provincial and Federal Elections
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 (hereinafter referred to as the “Municipal Act”) provides that the powers of a municipality under the Municipal Act or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; AND WHEREAS Section 11 of the Municipal Act provides that a municipality may pass By-laws respecting structures including fences and signs; AND WHEREAS Section 99 of the Municipal Act provides rules that apply to a By-law of the municipality respecting advertising devices, including signs; AND WHEREAS Pursuant to Section 425 of the Municipal Act, a municipality may pass By-laws providing that a person who contravenes a By-law of the municipality passed under this Act is guilty of an offence; AND WHEREAS Pursuant to Section 426 of the Municipal Act, no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a By-law passed under this Act; AND WHEREAS Pursuant to Section 436 of the Municipal Act, a By-Law Enforcement Officer may enter upon any land at any reasonable time for the purpose of carrying out an inspection to determine compliance with this By-law; AND WHEREAS Bill 181, being the Municipal Elections Modernization Act, 2016 states that any election campaign advertisement purchased by or under the direction of a candidate, will be required to identify the candidate; AND WHEREAS The Municipal Elections Act, 1996, S.O. 1996, c.32, Sched. states that where a municipality is satisfied that there has been a contravention of the Act with regard to a sign used as a Third Party Advertisement, the municipality may require the sign to be removed; AND WHEREAS The Council of The Corporation of the Town of Huntsville deems it expedient to pass a by-law to regulate election signs in the Town of Huntsville;
Page 33 of 41
By-law 2018-DRAFT – Election Sign By-law Page 2 of 9
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF HUNTSVILLE ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law:
1.1. Agent means any person who is directly or indirectly working on behalf of a candidate
regardless of whether the work is being done on a voluntary or compensated basis or with the direct knowledge or approval of the candidate.
1.2. Boulevard means that portion of a highway between the street line and the roadway, which is not used or intended for use for vehicular travel by the general public and includes any landscaped area between a street line and sidewalk including a shoulder.
1.3. Candidate means i) a Candidate within the meaning of the Canada Elections Act, the Election Act
(Ontario) or the Municipal Elections Act, 1996 as amended, and
ii) shall be deemed to include a person seeking to influence other persons to vote for or against any question or by-law to the electors under section 8 of the Municipal Elections Act, 1996 as amended.
1.4. Clerk means the Clerk (or their designate) of the Town of Huntsville.
1.5. District means the District Municipality of Muskoka.
1.6. Election Sign means any sign, including posters, promoting, opposing or taking a
position with respect to:
i) any Candidate or political party in an election under the Canada Elections Act, the Election Act (Ontario) or the Municipal Elections Act, 1996;
ii) an issue associated with a person or political party in an election under the Canada Elections Act, the Election Act (Ontario) or the Municipal Elections Act, 1996, or
iii) a question, or by-law submitted to the electors under the Canada Elections Act, the Election Act (Ontario) or the Municipal Elections Act, 1996.
1.7. Electoral District means a geographical area represented by a Member of Municipal
Council, Member of School Board, Member of Provincial Parliament in the Legislative Assembly of Ontario and Member of Federal Parliament in the House of Commons.
1.8. Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.
1.9. Officer means an individual appointed as a By-Law Enforcement Officer by the Council of the Corporation of the Town of Huntsville.
1.10. Official Sign means a sign or device placed by the Town or District for the purpose of regulating, warning or controlling traffic and includes signs approved by the Ministry of Transportation and signs described in the Highway Traffic Act.
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By-law 2018-DRAFT – Election Sign By-law Page 3 of 9
1.11. Prescribed Legislation means the the Canada Elections Act, the Election Act (Ontario)
or the Municipal Elections Act, 1996.
1.12. Private Property means lands which are not defined as Public Property or a Public Utility Facility including lands leased by the Town to others.
1.13. Public Property means property owned by or under the control of the Town of Huntsville or any of its agencies, boards or commissions, and shall be deemed to include public utility facilities, and shall also include municipal transit, transit shelters, benches, municipal garbage containers or any other containers or structures regardless of whether they are owned by the Town but does not include that part of a boulevard as identified in section 6.13. of this by-law.
1.14. Public Utility Facility means a pole, transformer box, service container, equipment or other such structure owned or controlled by an entity that provides a public utility service.
1.15. Registered Third Party means an individual, corporation or trade union that is registered with the municipality in accordance with prescribed legislation.
1.16. Restricted period means the period during which an election sign used as a third party advertisement is permitted as outlined under prescribed legislation.
1.17. Roadway means the portion of the highway that is improved, designed or ordinarily used for vehicular traffic but does not include the shoulder.
1.18. Sight Triangle means the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 7.5 metres, measured along the street line from the point of intersection of the street lines. Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines.
1.19. Sign Face means the surface of the sign upon, against or through which the message of the sign is exhibited, but does not include the sign structure. An election sign may have a maximum of two (2) back to back faces with the interior angle of the two sign faces not exceeding 90 degrees.
1.20. Sign Height means the vertical distance from the ground on which the sign is installed to the highest physical point of the sign.
1.21. Street Line means the limit of a street or road allowance as the dividing line between a lot and a street or road.
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By-law 2018-DRAFT – Election Sign By-law Page 4 of 9
1.22. Third Party Advertisement means a third party sign.
1.23. Third Party Sign means an election sign not installed or erected directly or indirectly by
a candidate.
1.24. Town means the Corporation of the Town of Huntsville.
1.25. Voting Place means: a) For federal or provincial elections: The entire property and all the boundaries
associated with it when such voting place is located within public premises and shall mean all of the common elements when the voting place is located on private premises for the purposes of casting a ballot.
b) For municipal elections: The entire property and all the boundaries associated with it
when any voting place is located within public premises for the purposes of casting a vote for the duration of the voting period as established in the Municipal Election Procedures.
1.26. Writ of Election means the date as defined in the Canada Elections Act and the
Elections Act (Ontario). GENERAL PROVISIONS 2. No candidate, registered third party or their agent or any other person shall affix, install or
otherwise display an election sign except as specifically permitted in this By-law or under prescribed legislation.
3. No candidate, registered third party or their agent or any other person shall affix, install or otherwise display an election sign for a federal or provincial election or by-election earlier than the date the Writ of Election or by-election is issued.
4. No candidate, registered third party or their agent or any other person shall affix, install or
otherwise display an election sign for a municipal election, or permit an election sign to be affixed, installed or otherwise displayed:
4.1 earlier than Nomination Day in the year of a regular election; or
4.2 earlier than Nomination Day for a by-election 5. No candidate, registered third party or their agent or any other person shall affix, install or
otherwise display an election sign or permit an election sign to be affixed, installed or otherwise displayed:
5.1. Outside of the Electoral District where the Candidate is running for office;
5.2. Longer than seventy-two (72) hours immediately following 11:59 p.m. on the election
date;
5.3. In or within 100 metres (328 feet) of a voting place;
5.4. On a vehicle or trailer or any mobile device within 100 metres (328 feet) of a voting place;
5.5. On private property without having first obtained permission from the property owner;
Page 36 of 41
By-law 2018-DRAFT – Election Sign By-law Page 5 of 9
5.6. Within 50 meters (164 feet) of any other election sign by the same candidate when on
an individual private property;
5.7. On or overhanging public property, including a Town park or a facility that is owned or operated by the Town;
5.8. On a public utility facility;
5.9. On any official sign;
5.10. On any tree, stone or other natural object;
5.11. On any centre median, traffic island, or centre roundabout;
5.12. Within any sight triangle;
5.13. On any boulevard except as specifically indicated below: 6.13.1 A sign is permitted to occupy a boulevard area provided the sign is not greater
than 1 metre (39 inches) in height and is not located within 3 meters (10 feet) of the traveled portion of a roadway including the paved shoulder;
6.13.2 At no time shall a sign interfere with or hinder pedestrian traffic on a town maintained sidewalk;
6.13.3 In no case shall a sign be placed on a boulevard area more than 30 days immediately preceding the election date;
5.14. That obstructs the view or interferes with pedestrian traffic, the driver of a motor vehicle, the visibility of any official sign or device, another election sign, or where it interferes with vehicular traffic movement in a manner that could endanger any person;
5.15. That obstructs or impedes any fire escape, fire exit, door, window, skylight, flue, air intake or exhaust so as to prevent or impede the free access of emergency personnel to any part of a building including fire department Siamese connections and/or fire hydrants;
5.16. That is flashing, inflatable, obsolete, or affixed to a roof;
5.17. That can be confused with a traffic sign, signal or official sign;
5.18. On any location where the sign might interfere with underground services;
5.19. Unless the sign is maintained in a proper state of repair and remains safe and aesthetically pleasing;
5.20. That is indecent in any word, picture, symbol or the like;
5.21. Bearing a logo, corporate image, trademark or official mark of the Town of Huntsville;
5.22. Within 50 metres (164 feet) of any other election sign by the same candidate or registered third party when on a boulevard area as identified in section 6.13 of this by-law;
Page 37 of 41
By-law 2018-DRAFT – Election Sign By-law Page 6 of 9
5.23. In contravention of the specified dimensions and setbacks as follows:
Maximum Sign
Face Area
Minimum Setback from
Street Line on private property
Maximum Height Of Sign From
Grade
Minimum Setback
from a Park, Cemetery, Hospital or School Lot
Line
Minimum Setback from Any Other Lot
Line
Less than or equal to 1.3 square metres (14 square feet)
1 metre (3.3 feet)
3.7 metres (12 feet)
15.2 metres (50 feet)
0.6 metres (2 feet)
Greater than 1.3 square metres (14 square feet) to less than 2.8 square metres (30 square feet)
3.0 metres (10 feet)
3.7 metres (12 feet)
15.2 metres (50 feet)
0.6 metres (2 feet)
Greater than 2.8 square metres (30 square feet)
Not permitted.
5.24. That does not adhere to prescribed legislation;
5.25. Only a registered third party is permitted to erect or install a third party advertisement
election sign. At no time is an unregistered third party permitted to erect or install a third party advertisement election sign.
6. Every candidate or registered third party to whom the election sign relates shall be responsible for the installation, maintenance or display of the election sign and shall ensure that all the requirements of this by-law have been met.
7. No person shall pull down or remove or relocate a lawfully installed election sign on private property without the consent of the candidate to whom the sign relates or the owner of the property on which the sign is installed.
8. No person shall deface or wilfully cause damage to a lawfully installed election sign.
ADMINISTRATION AND ENFORCEMENT 9. An Officer or any other individual assisting an Officer or designated by the Clerk may, at all
reasonable times, enter upon land for the purpose of carrying out an inspection, taking photographs and obtaining evidence to determine whether the election sign complies with this by-law and an Officer may be accompanied by other Town of Huntsville employees/agents for this purpose.
10. Any sign, or part thereof, that has been installed, affixed or otherwise displayed in contravention of any provision of this by-law may be removed immediately without notice by an Officer or any other individual designated by the Clerk.
11. No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or any other individual assisting an Officer or any other person designated by the Clerk in exercising a power or performing a duty under this by-law. Any person who is alleged to have contravened any of the provisions of this by-law shall identify themself to an Officer or any other individual assisting
Page 38 of 41
By-law 2018-DRAFT – Election Sign By-law Page 7 of 9
an Officer or designated by the Clerk upon request. Failure to identify upon request shall be deemed as obstruction.
12. The Town shall not be liable for any damage or loss to an election sign that was displayed in accordance with this by-law or that was removed by the Town pursuant to the provisions of this by-law.
OFFENCES AND PENALTIES 13. Any person who contravenes any provision of this by-law is guilty of an offence and is, upon
conviction, liable to any penalty provided under the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
14. Every person who is guilty of an offence under this By-law, if permitted under the Provincial Offences
Act, may pay a set fine as approved by the appropriate Justice of the Ontario Court of Justice, in accordance with Schedule “A” attached to this By-law.
15. For the purpose of this By-law, each day of a continuing offence shall be deemed to be a
separate offence. VALIDITY AND SEVERABILITY 16. Where any provision of this by-law is conflicting with any other by-law of the Town, this by-law
shall prevail.
17. Every provision of this by-law is declared severable from the remainder and if any such provision of this by-law shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the by-law.
FORCE AND EFFECT 18. This By-law shall come into force and effect on the date of passage. SHORT TITLE 19. This by-law may be referred to as the “Election Sign By-law”.
READ a first time this XX day of XXXXXXXXX, 2018. ______________________________ _________________________________ Mayor (Scott Aitchison) Clerk (Tanya Calleja) READ a second and third time and finally passed this XX day of XXXXXXXX, 2018.
______________________________ _________________________________ Mayor (Scott Aitchison) Clerk (Tanya Calleja)
Page 39 of 41
By-law 2018-DRAFT – Election Sign By-law Page 8 of 9
CORPORATION OF THE TOWN OF HUNTSVILLE
PART I Provincial Offences Act
BY-LAW NO. 2018-DRAFT SCHEDULE “A”
Item Short Form Wording Provision
Creating or Defining Offence
Set Fine
1 Erect sign prior to issuance of writs for provincial or federal election
3. $200.00
2 Erect sign prior to closing of nomination for municipal election 4. $200.00
3 Erect sign outside of the Electoral District where the Candidate is running for office
5.1. $200.00
4 Fail to remove sign within required time frame 5.2. $100.00
5 Erect sign in or within 100 meters of a voting place 5.3. $200.00
6 Erect sign on vehicle or trailer within 100 meters of a voting place 5.4. $200.00
7 Erect sign without permission of private property owner 5.5. $200.00
8 Erect more than one sign per candidate on an individual private property
5.6. $200.00
9 Erect sign on public property 5.7. $200.00
10 Erect sign on public utility facility 5.8. $200.00
11 Erect sign on any official sign 5.9. $200.00
12 Erect sign on any tree, stone or other natural object 5.10. $200.00
13 Erect sign on any centre median, traffic island, or centre roundabout
5.11. $200.00
14 Erect sign within any sight triangle 5.12. $200.00
15 Erect sign on boulevard where prohibited 5.13. $200.00
16 Erect sign that interferes, misleads or may be confused with a municipally erected official/warning sign
5.14. $200.00
17 Erect other than an official/permitted sign over/partly over a street
5.15. $200.00
18 Erect sign that is flashing, inflatable, obsolete, or affixed to a roof. 5.16. $200.00
19 Erect sign that can be confused with a traffic sign, signal or official sign
5.17. $200.00
20 Erect sign that interferes with underground services 5.18. $200.00
21 Fail to maintain sign in good repair 5.19. $200.00
22 Erect indecent sign 5.20. $200.00
23 Erect sign bearing logo, corporate image, trademark or official mark of the Town of Huntsville
5.21. $200.00
24 Erect sign within 50 meters of sign of same candidate 5.22. $200.00
Page 40 of 41
By-law 2018-DRAFT – Election Sign By-law Page 9 of 9
CORPORATION OF THE TOWN OF HUNTSVILLE
PART I Provincial Offences Act
BY-LAW NO. 2018-DRAFT SCHEDULE “A”
25 Erect flashing sign contrary to dimensions and setbacks 5.23. $200.00
26 Erect/install unregistered third party election sign 5.25. $200.00
27 Obstruct officer/employee/agent performing duty under by-law 11. $400.00
NOTE: The general penalty provision for the offences listed above is Section 13 and 14 of By-law 2018-DRAFT a certified copy of which has been filed.
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