Town of Huntsville · Leon Braithwaite and Mike Fedorowich Re: ATV Restriction in the Village of...

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

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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

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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”.

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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

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http://http/www.huntsville.ca/en/townHall/resources/Strategic-Plan-2017-and-Beyond.pdf

http://www.nrcan.gc.ca/explosives/fireworks/9903

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-211/index.html

CAO Approval:

Denise Corry, Chief Administrative Officer

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§¥:LAWV#73—2§

Beinn a Bv-Law to reaulate thesettina of‘ and sale of Fireworks.

WHEREAS: Bv the Provision of the Municinal Act R.S.O. 1970Chanter 284, Section 354. Sub Section 31 & 32 and the CanadaExnlosives Act and Requlations it is deemed necessarv toreaulate the settinq—oFF o‘ and sale of Fireworks withinthe limits of the Area Town of Huntsville.

1. Fireworks shall not be set off within the limits o?the Area Town of Huntsville with the Followinq excentions.

(a) Ornanizations oresentina oraanized nublicdisolavs oF fireworks under the sunervisionof a "Fireworks Sunervisor" aonroved bv theChief Insnector of Exolosives.

(b) Victoria Dav.

(c) The Thursdav, Fridav, & Saturday immediatelvorecedino Victoria Dav.

2. Fireworks shall not be sold within the limits oF theArea Town of Huntsville with the followinq excention.

(a) Familv Fireworks mav be sold throuah normalretail outlets to nersons 18 vears 0F aae andover .

3. Fireworks shall not be set—ofF on streets, roads,marks, or other nublic lands, without nermission OF Council.

All Bv-Laws or narts of Bv—Laws incnnsistant with thisBv-Law are herebv revealed.

Given a First, second, and third readinn and finallv nassed this23rd dav of Anril. 1973.

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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

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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.


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

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Tina Kilbourne, Manager of Children's Programs, District of Muskoka


Kari Lambe, Simone Babineau,


Simone Babineau, Manager of Recreation & Leisure Services

Director Approval:

Kari Lambe, Director of Community Services

CAO Approval:

Denise Corry, CAO

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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

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$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.


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


Kari Lambe, Director of Community Services


_________________________________

Director Approval:

Kari Lambe

CAO Approval:

Denise Corry, CAO

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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

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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 - 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


Lisa Smith, Manager of Human Resources


_________________________________

Director Approval:

_________________________________

CAO Approval:

Denise Corry, CAO

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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:

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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.

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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

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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.


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

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Steve Hernen, Director of Operations and Protective Services


_________________________________

Director Approval:

Stephen Hernen, Director of Operations and Protective Services

CAO Approval:

Denise Corry, CAO

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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

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N/A

Operational

N/A


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




_________________________________

Director Approval:

Yvonne Aubichon, Director of Corporate Services

CAO Approval:


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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


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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


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

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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


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


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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

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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

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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



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

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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

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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

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MUNICIPAL ELECTIONS ACT



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

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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.

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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

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Nil


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




_________________________________

Director Approval:

Yvonne Aubichon, Director of Corporate Services

CAO Approval:


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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;

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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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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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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;

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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;

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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)


0.6 metres (2 feet)

Greater than 1.3 square metres (14 square feet) to less than 2.8 square metres (30 square 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

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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)

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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

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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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