Page 1 of Report PB-19-18

SUBJECT: Amendments to Municipal Sign By-Law 34-2007

TO: Committee of the Whole
FROM: Department of City Building - Planning Building and
Culture
Report Number: PB-19-18
Wards Affected: All
File Numbers: 790-01
Date to Committee: April 4, 2018
Date to Council: April 23, 2018

Recommendation:
Approve amending by-law XX-2018 which removes section 4.2(n) from Sign By-Law 34-
2007 and which is attached as Appendix “A” to this report; and
Approve Election Sign By-Law XX-2018 attached as Appendix “B” to this report.

Purpose:
An Engaging City
 Good Governance

Background and Discussion:

The City of Burlington’s Sign By-Law was first adopted in 1989; the most recent Sign
By-Law was adopted in 2007 as By-Law 34-2007. The Department of City Building is
currently completing a comprehensive review to modernize the current Sign By-Law and
will be providing an updated by-law for Council’s approval in 2019.

In November of 2016, Council approved Clerks Department report CL-20-16 which dealt
with changes to the Municipal Elections Act, 1996 (MEA). Bill 181, the Municipal
Modernization Act, amended the Municipal Elections Act, 1996 which is the governing
legislation for conducting Municipal and School Board elections in the province. The
revisions in legislation had significant impacts on electors and candidates. These
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revisions also impact Municipal Sign By-Laws that are set out under the jurisdiction of
each municipality in Ontario.

The MEA now includes a framework for the registration and financial filing of third party
advertisers (TPA).

A third party advertisement is a message in any medium (billboard, newspaper, radio,

etc.) that supports or opposes a candidate or a "yes" or "no" vote on a question on the
ballot. Individuals, corporations and unions can register as third party advertisers and
make contributions to third party advertisers.

TPA’s will need to register with the municipality where they want to advertise. Similar to
how a candidate must register to file their nomination in a municipal election, a TPA
must register as well.

If a TPA wishes to advertise in more than one municipality, they have to register in each
municipality. Registration allows a third party advertiser to promote or oppose any
candidate. Third party advertising must be done independently of candidates, who are
not able to direct a TPA. Candidates are not able to register as TPA’s.

Most campaign finance rules that apply to candidates will also apply to TPA’s. TPA’s will
have spending limits and there will be contribution limits for those wishing to contribute
to a TPA. Corporations and unions will be permitted to make contributions to TPA’s, but
will not be permitted to make contributions to candidates.

The MEA shortens the Municipal Election campaign period by 120 days. Candidates
can register between May 1 and July 27th (2 p.m.) in the year of the election.

Although under the current Sign By-Law election signs are not permitted on public
property and cannot be erected prior to the issuance of writs for a provincial or federal
election or six (6) weeks immediately proceeding the day of a municipal election, the by-
law does not address other important issues arising from the enactment of the changes
to the MEA.

Staff is therefore recommending that Council enact a stand-alone Election Sign By-Law
that would appropriately deal with providing clarity related to signage for candidates and
third party advertisers in municipal, provincial and federal elections.
The Election Sign By-Law will stipulate the following:
 An election sign can only be erected 45 days prior to election day;
 An election sign can only be located on private property;
 An election sign will include a Vehicle Sign;
 An election sign has to be removed within 3 days following the election;
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 An election sign cannot be displayed at a voting place when there is voting

taking place;
 Specific restrictions with respect to the display of election signs.

Financial Matters:

N/A

Connections:
The Department of City Building staff has worked closely with Legal staff and the Clerk’s
staff to develop this Election Sign By-Law to ensure that it aligns with the revisions to
the MEA.

Public Engagement Matters:

The Department of City Building will be participating in multiple candidate information
sessions with the Clerks Department to deliver information to potential third party
advertisers and candidates to explain the revised by-law as well as the new regulatory
framework set out in the MEA. The Department of City Building will also be working
closely with the Clerk’s Department staff to assist in the enforcement of the Election
Sign by-law throughout the election period.
Any approved recommendations will be communicated through various means including
the City’s election webpages.

Conclusion:
The Municipal Elections Modernization Act, 2016 has introduced new legislative
requirements related to election signage. This has required staff to report back earlier
than anticipated with sign by-law amendments related specifically to election signs and
third-party advertising. Staff therefore recommends approval of by-law XX- 2018,
attached as Appendix “A” to meet the immediate requirements of Bill 181, The Municipal
Elections Modernization Act, 2016 as well as by-law XX-2018 to remove section 4.2(n)
from Sign by-law 34-2007.
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Respectfully submitted,

Grant Ziliotto, CPSO, CBCO

Manager of By-Law Enforcement, Licensing and Animal Services
905-335-7600, ext. 7628

Appendices:
A. Proposed Amendment to Sign By-law 34-2007
B. Proposed Election Sign Bylaw XX-2018

Report Approval:
All reports are reviewed and/or approved by Department Director, Director of Finance,
Director of Legal and City Manager.