2018 Municipal Election Candidates Guide. Municipality of Trent Lakes

Transcription

1 2018 Municipal Election Candidates Guide Municipality of Trent Lakes Date: April 19,

2 This guide is prepared for candidates seeking candidacy in the 2018 Municipal and School Board election. It is intended to highlight some of the processes in the upcoming election. For a comprehensive overview, candidates are urged to review the Municipal Election Act, 1996 including applicable regulations to fully understand all the legislative requirements. It is imperative that candidates satisfy themselves, through their own research or with the assistance of legal counsel, of the various legal and financial requirements related to their candidacy. The Ministry of Municipal Affairs reviews the Municipal Elections Act, 1996 after each Ontario Municipal Election to determine if it meets the needs of Ontario communities. Bill 181 (The Municipal Elections Modernization Act, 2016) and Bill 68 (Modernizing Ontario s Municipal Legislation Act, 2017) both made changes to the Municipal Elections Act. Some of these changes came into effect immediately after Royal Assent and certain changes did not come into effect until April 1, 2018, in time for the municipal election. Please refer to the Ministry of Municipal Affairs website for details on the amendments. The Ministry s site also contains the 2018 Municipal Candidates Guide, Third Party Advertisers Guide and the Voters Guide The link to the Municipal Elections Act, The Regulation can be found at Provincial Forms have been changed and must be used by all candidates. They can be found at Over the course of the next few months, candidates will receive information from the Clerk s office. Please ensure that you are checking the municipal website regularly for the most current information A copy of the Municipality of Trent Lakes Elections Procedure Manual and Forms can be obtained from the Clerk. 2

3 Contents Important Changes to Election Rules in General Information... 7 Contact Information... 7 Offices for Trent Lakes Council... 7 Offices for School Board Trustee... 7 Key Dates... 8 Electors... 8 Election Period... 9 Voting Method... 9 Help Centre... 9 Eligible Voters... 9 Nominations Qualifications Ineligibility for Nomination Acclamations Additional Nominations Campaigning Voters List Signs Information Third Party Advertisers Campaigning on Voting Day Election Results When a Recount Can Happen Campaign Finances Campaign Period Records Financial Responsibilities

4 Bank Account Receipts Contributions Who Can Make a Contribution Timing of Contributions Contributions to a Candidate s Own Campaign Contribution Limits from Other Individuals Returning Ineligible Contributions Fundraising Campaign Income Expenses Spending Limits Post-Election Parties or Expressions of Appreciation Campaign Inventory Financial Statements and Disclosure Notice of Penalties Automatic Penalties Compliance Audit Council Start of Term of Office Time Commitment Remuneration Roles and Responsibilities of Elected Officials The Difference between Mayor and Councillor Administration of a Municipality The Difference between Council and Administration Appendices Ministry s Guide for Third Party Advertisers... Election Sign By-law B County of Peterborough Sign By-law No Policy AD-56 Use of Corporate Resources... 4

5 Voting Procedures from Procedure Manual (pages 27-32).. 5

6 Important Changes to Election Rules in 2018 Many changes have been made to the Municipal Elections Act, 1996 over the past two years. Changes to note are as follows: Candidates must obtain 25 signatures endorsing their nomination from persons able to vote within the Municipality. Form 2 attached to this package, must be submitted with the Nomination Paper (Form 1) that is to be signed in front of a Deputy Returning Officer. Nomination Day is now July 27, 2018 and nominations may be filed from May 1, 2018 until 2:00 p.m. on nomination day. A separate bank account must be opened by the candidate prior to accepting any contribution or incurring an expense (no account needed if no contributions or expenses). Candidates and their spouses now have a contribution limit to their own campaign. The campaign contribution limit by an individual has been increased to $1, per candidate. The maximum total amount that a contributor can give to candidates running for the same council is $5, Corporations and Trade Unions are no longer allowed to contribute to a candidate. There are now rules regulating third party advertising which are contained in the Guide for Third Party Advertiser s which guide was created by the Province and attached to this candidates guide. The term of the Council will end on November 14, 2022 and the new term will commence November 15,

7 General Information Contact Information Phone: Toll Free: Fax: Election Staff: Kari Stevenson Clerk/Returning Officer ext. 240 Mailing Address: 760 Peterborough County Road 36 Trent Lakes ON K0M 1A0 Website: Jessie Clark Deputy Clerk/Deputy Returning Officer ext. 219 Lois O Neill-Jackson CAO/Deputy Returning Officer ext. 235 loneill-jackson@trentlakes.ca Offices for Trent Lakes Council The Municipality of Trent Lakes has a five (5) member Council consisting of: Election by General Vote: Mayor (1) Deputy Mayor (1) Councillor at Large (1) Election by Ward Electors Only: Councillor (1) Harvey Ward (Ward 01) Councillor (1) Galway-Cavendish Ward (Ward 02) Council will serve a term of four (4) years commencing December 1, 2018 through to November 14, The Mayor and Deputy Mayor will also serve on the upper tier County of Peterborough Council. Council members will also be appointed to various Boards and Committees. Offices for School Board Trustee Trustee (1), Kawartha Pine Ridge District School Board for the Municipality of Trent Lakes and the Townships of North Kawartha and Selwyn. Trustee (1), Peterborough, Northumberland and Clarington Catholic District School Board for the Municipality of Trent Lakes and the Townships of Asphodel-Norwood, Douro-Dummer, Cavan-Monaghan, Havelock-Belmont-Methuen, Otonabee-South Monaghan, North Kawartha and Selwyn. 7

8 Key Dates May 1 July 27 May 1 Oct 19 July 27 July 30 Nomination Period Registration for Third Party Advertisers Nomination Day (closes at 2:00 p.m.) Certification of Nominations Acclamation of Candidates Sept 4 Sept 4 Oct 22 Sept 25 Oct 9 Oct 22 Dec 4 Dec 31 Mar 29 Voters List Available Voters List Revision Period Final Expense Limits Issued Voting Period Inaugural Meeting of Council (7:00 p.m.) Campaign Period Ends Deadline for Filing Financial Statements Electors The approximate number of electors is as follows: Harvey (Ward 01) 7,199 Galway-Cavendish (Ward 02) 4,127 Total 11,326 Public School Trustee 29,686 One Trustee is appointed for the Municipality of Trent Lakes and the Townships of Selwyn and North Kawartha Separate School Trustee 7,958 One Trustee is appointed for the Municipality of Trent Lakes and the Townships of Asphodel-Norwood, Douro-Dummer, Cavan-Monaghan, Havelock-Belmont- Methuen, Otonabee-South Monaghan, North Kawartha and Selwyn 8

9 Election Period The election period opens Tuesday October 9, 2018 at 10:00 a.m. and closes Monday, October 22, 2018 at 8:00 p.m. Voting Method In the 2018 Municipal Election, electors in the Municipality of Trent Lakes will be voting electronically only, either by a touch tone telephone or internet. There will be no paper ballots and no polling stations. A Help Center will be established at the Trent Lakes Municipal Office with telephone and internet access for electors that do not have access to such connections. Internet and telephone voting allows electors to vote from anywhere within the defined voting period using a telephone or the internet. Eligible voters will receive a personalized voting instruction package by mail before Election Day. The voting package will provide details on how to vote online or by telephone. The information package will also include a secret PIN (personal identification number) that electors use to access the voting system. The PIN number, in conjunction with a personal piece of information, will be required for voters to vote. By combining these two pieces of information, the integrity of the vote is maintained. Help Centre For the purposes of elections conducted with alternative voting methods, a voting place is not required. However, a Help Centre will be established to assist electors with the voting process or other general election inquiries. For the 2018 municipal election, a Help Centre will be established in the Municipal Council Chambers located at 760 Peterborough County Road 36, Trent Lakes during regular business hours from October 9, 2018 to October 19, 2018, from 9:00 a.m. to 1:00 p.m. on Saturday, October 20, 2018, and from 8:30 a.m. to 8:00 p.m. on Monday, October 22, Eligible Voters A person is entitled to vote if, on voting day, he or she is: a) A resident of the municipality or owner or tenant of land there, or the spouse of such owner or tenant; b) A Canadian citizen; c) At least 18 years old; and d) Who is not disqualified by any legislation from holding office. 9

10 Nominations Nominations may be filed by candidates between Monday to Friday, 8:30 a.m. to 4:30 p.m. at the Municipal Office from May 1 st, 2018 to July 26, 2018 and on July 27, 2018 from 9:00 a.m. until 2:00 p.m. Candidates must use the prescribed Form 1, Nomination Form, which must be signed in front of a Deputy Returning Officer. A candidate will have to provide acceptable identification and submit the nomination fee. If the Nomination Form is filed by an agent on behalf of the candidate, the Form 1 must already be signed by the candidate. The Municipality will require Form LC47, Intention to Use an Agent for Filing Election Nomination Papers, to be commissioned and submitted with the Nomination Form. The agent must provide a certified copy of the candidate s identification, as well as providing their own identification. Candidates running for municipal council must obtain 25 endorsement signatures from eligible voters in the municipality in which the office is being sought. Signatures must be submitted in conjunction with the candidate s nomination papers on Form 2 prescribed by the Ministry. Nominations filed for the School Board do not require the endorsement of 25 persons. The nomination fee is $200 for Mayor and $100 for all other positions. The fee must be paid by cash, certified cheque (payable to the Municipality of Trent Lakes), money order, or interac. The nomination fee will be refunded if a candidate files their campaign financial statement by the deadline of March 29, A candidate does not have to provide all of their given names on the Nomination Form. They only need to provide the name they want to appear on the ballot. For example, John Smith s legal name is Henry John Smith. He would fill out the Nomination form as John Smith. A candidate can change their mind and run for a different office by submitting a second nomination form prior to 2:00 p.m. on July 27, Candidates wishing to withdraw their nomination must do so by 2 p.m. on Friday, July 27, The Clerk has until 4:00 p.m. on Monday, July 30 th, 2018 to certify or reject your nomination. If a nomination is not certified, that candidate s name will not appear on the ballot. 10

11 Qualifications In order to run for office in a municipality, a person must be: a) a resident of the municipality or owner or tenant of land there, or the spouse of such owner or tenant; b) a Canadian citizen; c) at least 18 years old; and d) not disqualified by any legislation from holding office. It is the responsibility of the candidate to satisfy themselves that they are qualified to be nominated for an office. A candidate can run in any Ward and does not have to live in a particular Ward in order to be its councillor. Ineligibility for Nomination A person is not eligible to become a candidate under any of the following circumstances: individuals that did not file their financial statements from the 2014 election employees of the municipality (Council position)* employees of the school board (School Board position)* Judge of any court Senator** MP** MPP** a corporation a person serving a sentence of imprisonment a person acting as executor or trustee *Exception leave of absence effective the date of nomination **Exception must resign as of Nomination Day (July 27, 2018) Acclamations If there is only one candidate running for a position as of 4:00 p.m. on July 30 th, 2018, that candidate (if their nomination can be certified by the Clerk) will be declared elected by acclamation. If a candidate is acclaimed they must still file a financial statement. Additional Nominations If there are positions that no candidates have applied to run for, the Clerk will call for additional nominations. This additional nomination period runs from 9:00 a.m. to 2:00 p.m. on Wednesday, August 1, The Clerk has until 4:00 p.m. on Thursday, August 2, 2018 to certify or reject the additional nominations. 11

12 Campaigning Voters List Upon execution of a Declaration of Proper Use of the Voters List, the Clerk shall give every candidate the part of the Voter List that contains the names of the electors who are entitled to vote for that office. This can be obtained in paper or electronically through a candidate module. If a candidate is running in Harvey Ward, they only receive the part of the Voters List pertaining to Harvey Ward, not the entire Voters List. The legislation states that the Voters List cannot be posted in a public place and can only be used for election purposes. Signs The Municipality of Trent Lakes has an Election Sign By-law B , attached to this guide. Some key points include: No signs on property owned, leased or maintained by the municipality No signs on municipal road allowances immediately adjacent to properties owned, leased or maintained by the municipality Signs on municipal road allowances may not be larger than 2 x 2 No signs may be placed earlier than Nomination Day Signs must be removed by the candidate within one week of voting day These are just key highlights of the by-law. Candidates and third party advertisers must review and adhere to the entire by-law. All campaign signs and other advertising must identify that the candidate is responsible for that sign. Third party advertisers must identify themselves and their contact information on signs and information. Refer to the Municipal Elections Act and the Ministry s Guide for Third Party Advertisers for detailed information. The County of Peterborough s Sign By-law No is attached to this guide. For information about the Ministry of Transportation s election sign policy, candidates should contact the Traffic and Signal Department at Information It is the candidates obligation to get their information out to the public, not the Clerk s Department. No candidate or third party advertiser shall place or have placed any campaign material in or on municipal property at any time. 12

13 The municipal logo may not be used on any campaign material. The Clerk is not responsible for organizing all candidates meetings or debates. Debates can be organized by community groups, candidates or other interested persons. Third Party Advertisers The Municipal Elections Act, 1996, as amended, now includes a framework for third party advertising. Individuals, corporations or trade unions are eligible to register as third party advertisers provided that they formally register with the Clerk as a third party advertiser. Third party advertising is an advertisement in any medium that has the purpose of promoting or supporting or opposing a candidate(s) or a question on a ballot. There is a separate Guide for Third Party Advertisers provided by the Ministry of Municipal Affairs attached to this guide. Campaigning on Voting Day The Municipal Elections Act prohibits the display of campaign material inside a voting place. The Municipality of Trent Lakes will not have polling stations this election, only a Help Centre in the Council Chambers where individuals who do not have internet access or a touch tone phone can vote. No campaign materials will be permitted on municipal property including the parking lots located at 760 Peterborough County Road 36 at any time, including the voting period. A candidate or their scrutineer, may stay in the Help Centre to observe but are not allowed to interfere with voters, attempt to influence a vote or ask how a person is voting. If a candidate has been acclaimed, they are not permitted to appoint a scrutineer or be in the Help Centre. Election Results The Unofficial Results shall be available by the Clerk as soon as possible after 8:00 p.m. on Monday, October 22, 2018, Voting Day, at the Municipal Office. The Clerk shall post the same on the municipality s website and/or Voting System website. As soon as possible after Voting Day, the Clerk shall declare the Official Results. These results are posted at the Municipal Office and on the municipal website and/or Voting System website. When a Recount Can Happen A recount shall be conducted in the same manner as the original count. A recount is required when: There is a tie vote where both or all candidates cannot be declared elected (Automatic) 13

14 By resolution of Council (for Council offices) By resolution of local board (for offices on a local board) By order of the Superior Court of Justice Pursuant to the Municipal Election Recount Policy (AD-59), the number of votes separating candidates from winning an office is a variance of 10 votes or less, or 1% of voters casting ballots for the office, whichever is the lesser (Automatic) Campaign Finances Campaign Period The campaign period begins whenever a candidate files a nomination paper and ends on December 31, Candidates shall not receive contributions outside of their campaign period. Records Candidates are responsible for keeping all campaign records and filing their financial statement using the Ministry s Form 4. It is suggested that candidates refer to Form 4 early to know what will be required. Financial Responsibilities All candidates are urged to review the Municipal Elections Act and the Ministry of Affairs Candidates Guide to fully understand all the legislative requirements. The onus of responsibility is on candidates to satisfy themselves, through their own determination, or with professional assistance, of the various legal and financial requirements relating to their candidacy. Although this guide provides a summary of the provisions, it does not account for all of the financial responsibilities associated with the candidacy. All nominated candidates, including those not elected, those who withdrew their nomination and whose nomination was rejected by the Clerk, must disclose and report on or before 2:00 p.m. on March 29, 2019 their contributions and expenses as of December 31, 2018 in accordance with the following: All candidates are required to file a detailed financial statement on the prescribed Form 4. Candidates must have their financial statement audited and submit the auditor s report to the Clerk along with their financial statements if their expenses are over $10, Candidates financial statements are filed with the Clerk and are public documents, which are to be available at no charge for viewing by the public on the Municipal 14

15 website. The Clerk will advise at least 30 days prior to March 29, 2019 filing deadline of all the filing requirements of the Act. It is the responsibility of the candidate to file a complete and accurate financial statement by the filing date. Bank Account Once you have filed your nomination form, you are required to open a bank account exclusively for your campaign if you are accepting any contributions of money or incurring any expenses. You are not permitted to use your personal bank account for campaign finances. All contributions (including contributions from yourself or your spouse) must be deposited into this bank account and all expenses are to be paid from this account. Receipts Candidates must issue a receipt for every contribution received. The receipt must show who made the contribution, the value and the date received. If a candidate is provided with a good or service a receipt must be issued for the value of that good/service. You are required to inform every contributor of the contribution limits. This can be done by including the limits on the receipt that you provide for each contributor. If a contribution is made from a joint bank account, the individual who signed the cheque is the individual to be named on the receipt. Contribution receipts are not tax receipts. Contributions Campaign contributions are any money, goods or services that are given to a candidate for his or her campaign (including money and goods that a candidate contributes themselves to their own campaign) which include: The amount charged for admission to a fundraising function. The difference between the amount paid and the market value of a good or service sold at a fundraising function. The difference between the amount paid and the market value of a good or service purchased/received for the campaign. o Example: Your order for campaign signs would normally cost $500.00, but the vendor agrees to sell them to you for $ You must record a contribution of $ in goods or services from the vendor. As 15

16 businesses are not permitted to make contributions, the contribution would have to be a personal contribution from the vendor. Any unpaid but guaranteed balance of a campaign loan. Election signs from previous municipal elections that are reused. The current market value of the sign (what it would cost you to buy those signs today) is considered a contribution that you make to your campaign. It is a requirement to list the names and addresses of every contributor who gives more than $ to your campaign in your financial statement. A record should be kept of the names and addresses of every contributor, regardless of the value, because the same contributor may make multiple contributions that end up totalling more than $ The following are deemed not to be contributions: The value of services provided by voluntary unpaid labour. The value of services provided voluntarily by employees of an entity as long as they do not receive extra compensation from their employer. An amount of $25.00 or less that is donated at a fundraising function (this is income). The value of free political advertising provided it is in accordance with the Broadcasting Act and is made available to all candidates. A campaign loan from a bank or a recognized lending institution is not considered to be a contribution. Who Can Make a Contribution Only the following may make contributions: an individual who is normally a resident in Ontario yourself and your spouse. The following shall not contribute to a campaign: a federal political party registered under the Canada Elections Act or any federal constituency association or registered candidate in a federal election a provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act the Crown in right of Canada or Ontario, a municipality or local board a trade union a corporation. 16

17 Timing of Contributions Contributions can be solicited by, or accepted on behalf, of a person seeking local municipal office, if that person has been duly nominated as a candidate. Contributions may only be accepted during a candidate s campaign period (in the event of a campaign that was not extended, this occurs from the time the nomination is filed up until December 31, 2018). Any contributions received outside the campaign period that cannot be returned to the contributor, including any anonymous contributions, must be turned over to the Clerk. Candidates must make reasonable efforts to satisfy themselves that a contributor is entitled to make contributions. Contributions to a Candidate s Own Campaign The contribution limit is calculated based on the number of electors who are eligible to vote for the office that the candidate is running for. The number of electors for the preliminary calculation is determined from the voters list from the 2014 election, as it existed on Nomination Day A certificate of maximum expenses will be provided on or before September 25, Contribution to Own Campaign (Base amount plus $0.20/elector to a maximum of $25,000.00) Base Amount Number of Electors Preliminary Maximum Mayor Candidate Deputy Mayor Candidate Councillor at Large Candidate All Wards $7, ,326 $9, All Wards $5, ,326 $7, All Wards $5, ,326 $7, Galway- Cavendish Ward Councillor Galway- Cavendish Ward $5, ,127 $5, Harvey Ward Councillor Harvey Ward $5, ,199 $6, If your campaign has a surplus after you have refunded contributions made by yourself or your spouse, you must pay the surplus over to the Clerk when you file your financial statement. You are not permitted to refund eligible contributions made by 17

18 anyone other than yourself or your spouse. The surplus will be held in trust, and you can use it if you incur expenses related to a recount, an application for a controverted election or a compliance audit. If the surplus is not needed for these expenses, it becomes the property of the municipality or the school board. There are no limits on how much a school trustee candidate and their spouse can contribute to their campaign. Contributions that the candidate and their spouse make to their campaign do not count toward the $5, limit. If the school board trustee candidate s campaign ends with a surplus, they can withdraw the value of contributions that they and their spouse made from the surplus. If there is still a surplus once they have withdrawn their contributions, the surplus remaining must be turned over to the Clerk. School board trustee candidates are not permitted to refund contributions made by anyone other than themselves or their spouse. Contribution Limits from Other Individuals Contributions from other people to your campaign are subject to a $1, limit. If a person makes more than one contribution, the total value of all the contributions cannot exceed $1, The maximum total amount that a contributor can give to candidates running for the same council or school board is $5, You are required to inform every contributor of the contribution limits. This can be done by including the limits on the receipt that you provide for each contributor. Only contributions that are $25.00 or less can be made in cash. Contributions above $25.00 must be made by cheque, money order or by a method that clearly shows where the funds came from. Returning Ineligible Contributions Where the candidate learns a contribution has been made or accepted in contravention to any provision of the Act, the candidate must immediately return the contribution. If this is not possible, any such contribution should be paid to the Clerk. A contribution which must be returned or paid to the Clerk if it was issued/received: outside a candidate s campaign period from an anonymous source (except cash donations less than $25.00 received as part of the fundraising event) from ineligible source (e.g. individuals not residents of Ontario) in excess of the $1, per contributor limit or the $5, total limit 18

19 a cash contribution in excess of $25.00 from funds not belonging to the contributor. Fundraising Fundraising activities are to only be held for a candidate and must occur within his or her campaign period. As of April 1, 2018, a fundraising function is defined as an event or activity: a) held by a candidate or under a candidate s direction for the purpose of raising funds for his or her election campaign, or b) held by a registered third party or under its direction for the purpose of raising funds in relation to third party advertisements. Candidates must record the gross income (including ticket revenue and other revenue) and the expenses related to each event and activity on their campaign financial statement. The price of admission to a fundraising function and/or any amount paid for a good or service (offered for sale in excess of fair market value) is to be considered and treated as a campaign contribution. If a candidate holds an event to promote their campaign and they happen to receive contributions or ask people to consider contributing to their campaign, this would not qualify as a fundraising event. Similarly, if a candidate has a sentence in their campaign brochure asking people to make a contribution or giving them information about how to contribute, this would not be a fundraising brochure since its primary purpose is to promote their campaign, not to raise money. Campaign Income If a candidate raises funds by selling goods or services for more than fair market value, the difference between the fair market value and the amount paid is considered to be a contribution. However, if the good or service is sold for $25.00 or less, the amount paid is considered to be campaign income instead of a contribution. Expenses Any costs incurred for goods or services by or under the direction of a person wholly or partly for use in his or her election campaign are considered expenses. The nomination fee is a personal expense. It is not considered to be a campaign expense and should not be reported on the campaign financial statement. All expenses must be paid from your campaign bank account. Any taxes such as HST paid on purchases should be included in the amount of the expense. 19

20 Candidates can only incur expenses during the campaign period, except for expenses related to the preparation of an auditor s report. If a candidate is required to include an auditor s report with their financial statement, they may incur these expenses after the campaign period has ended, and report them on their financial statement. Goods and services that are contributed to a campaign are also expenses. They should be treated as if the contributor gave the candidate money and the candidate went out and purchased the goods and services. Candidates must record both the contribution and the expense. Most expenses are subject to a maximum campaign expense limit. The following expenses are not subject to the spending limit: Expenses related to holding a fundraising event or activity Expenses related to a recount Expenses relating to a court action for a controverted election Expenses relating to a compliant audit Expenses incurred by a candidate with a disability that are directly related to the candidate s disability and would not have been incurred if not for the election Audit and accounting fees Spending Limits The candidate must have filed their nomination form before spending any money on advertising. The maximum spending limit for candidates to run their election campaign is based on a base amount plus the number of electors eligible to vote for the particular office for which the candidate is running. Below represents the preliminary spending limit (as of September 12, 2014): Preliminary Election Spending Limits (Base amount plus $0.85/elector) Base Amount Number of Electors Preliminary Maximum Mayor Candidate All Wards $7, ,326 $17, Deputy Mayor Candidate All Wards $5, ,326 $14, Councillor at Large Candidate All Wards $5, ,326 $14, Galway-Cavendish Ward Councillor Galway- Cavendish Ward $5, ,127 $8, Harvey Ward Councillor Harvey Ward $5, ,199 $11,

21 Trustee Kawartha Pine Ridge District School Board Trustee Peterborough, Northumberland and Clarington Catholic District School Board $5, ,686 $30, $5, ,958 $11, The Clerk shall, after determining from the Voters List the number of electors eligible to vote for each office as of September 15 in the 2018 election, calculate the maximum amount of campaign expenses that may be incurred by a candidate and prepare a certificate of this amount. A copy of this secondary certificate confirming the final maximum spending limit will be provided by September 25, 2018 to candidates. Note: the higher of the two calculations preliminary (noted above) and final shall be the final spending limit for the office. The spending limit covers expenses that are incurred between the beginning of the campaign (filing of nomination) and voting day. Any expenses incurred after voting day are not subject to the spending limit. Post-Election Parties or Expressions of Appreciation The spending limit for expenses related to holding parties and other expressions of appreciation after the close of voting is calculated as ten percent (10%) of the amount of the spending limit. This limit will be calculated and provided to candidates by September 25, 2018 based on their final campaign spending expense limits. Campaign Inventory Campaign expenses include the value of any goods held in inventory by a candidate from a previous campaign for use in the 2018 Municipal Election campaign period. The inventory of reusable campaign materials remaining on hand at the end of a campaign becomes the property of the candidate and must be valued and reported as closing inventory on his or her financial statement. Financial Statements and Disclosure It is the responsibility of the candidate to file a complete and accurate Form 4 Financial Statement with the Clerk by the deadline applicable to their respective campaign. All nominated candidates for the 2018 municipal election (including those who have withdrawn or were not elected) must disclose their contributions and expenses, using the prescribed Form 4, not later than 2:00 p.m. on March 29,

22 If campaign contributions (including contributions from the candidate) or campaign expenses are greater than $10,000.00, the candidate must have their financial statement audited and include the auditor s report when submitting the financial statement to the Clerk. If a candidate is unable to file their financial statement by the deadline, they may apply to the Superior Court of Justice for an extension before the filing deadline. If an extension is granted by the Court, it is the candidate s obligation to provide the Clerk with notice of that extension. If the financial statement is not filed by any deadline, the candidate may file their financial statement within thirty (30) days after the deadline, if they pay the municipality a $ late filing fee. Candidates will not receive a refund of their nomination fee if they file during the 30 day grace period. If the financial statement is not filed by the end of the 30 day grace period, and the candidate did not apply to the court for an extension prior to the deadline, the candidate will forfeit their elected office and they will be ineligible to run for office or be appointed to fill a vacancy until after the 2022 election. Candidates financial statements are deemed to be public documents and will be posted to the Municipality s website in their entirety. Notice of Penalties Before Voting Day, the Clerk will provide a notice to each person nominated for an office providing the penalties related to election campaign finances and the refund of the nomination filing fee. Automatic Penalties There are three contraventions of the Municipal Elections Act, 1996 where penalties apply automatically: 1. if you fail to file a financial statement by the end of the 30-day grace period or fail to apply to the court before March 29, 2019 for an extension by the filing deadline; 2. if your financial statement shows that you exceeded your spending limit; 3. if you fail to turn over your surplus to the Clerk when you file your financial statement. 22

23 The penalty is that you forfeit your office (if you won the election) and you become ineligible to run or be appointed to fill a vacancy until after the 2022 election. Compliance Audit A Compliance Audit Committee will be appointed by the Municipality before September 1, 2018 and a Terms of Reference will be established by the Clerk. The term of the Committee will be equal to the term of Council. This Committee will be required to review compliance audit applications and either grant or reject the request. If a request is granted, the Committee will appoint an auditor to complete a financial investigation. Once the auditor s report has been reviewed, the Committee will decide if legal proceedings shall be commenced. If a person is convicted of an offence, they may be subject to the following penalties: a fine of up to $25,000.00; ineligibility to vote or run in the next general election; up to six months in prison; forfeiture of the elected office. Council Start of Term of Office The term of office for the new Council (or school board) begins on December 1, 2018 and will run until November 14, Starting in 2022, the term of office will begin on November 15. The Inaugural Council Meeting will be held on December 4, 2018 at 7:00 p.m. There will be mandatory training session(s) for the newly appointed Council and a date will be provided as soon as it is available. Time Commitment The demands on your time will be heavy. You will be elected for a four year term of office and during that time you will be required to attend: Regular Council meetings which include a Public meeting under the Planning Act; Special meetings of Council; Council Committee meetings; meetings of other boards and agencies to which you are appointed as Council s representative; conferences, conventions, seminars and workshops for training and discussion; 23

24 social and other events promoting your Municipality. Regular Meetings of Council are typically held on the first and third Tuesday of the month, commencing at 1:00 p.m. In July and August, there is only one Regular Meeting of Council each month. You will also need to spend time reading material and talking with residents, the Chief Administrative Officer and others. This will all be part of the necessary preparation for your meetings so that you can make informed decisions. Remuneration Elected officials receive honoraria and remuneration for the time and energy they devote to their community. Currently, Councillors with the Municipality of Trent Lakes are entitled to receive the base salary of $26, Currently, the Mayor with the Municipality of Trent Lakes is entitled to receive the base salary of $32, and the Deputy Mayor receives a base salary of $28, Reimbursement for mileage and expenses are paid to Council for Municipal activities. For further information, please review the Council Conferences and Expense Claims Policy (AD-18) and By-law B Roles and Responsibilities of Elected Officials As a member of Council you will have the opportunity to influence the future of your community. All decisions must be made at meetings, held in public, at which a quorum is present. As an individual member of Council, you will not have the power to commit your Municipality to any expenditure or to direct the activities of the municipal employees. Any promises you make as part of your election campaign that involves municipal expenditures or the activities of the employees can only be carried out through the majority of Council. The Canadian constitution delegates responsibility for municipalities to the provinces. Through a variety of legislation, the province of Ontario has delegated some of its authority to municipal Councils. The legislation that you will use most often is the Municipal Act, 2001, as amended. Councillors must also follow the Council Code of Conduct, the Municipal Conflict of Interest Act, and other policies and legislation. 24

25 Local legislation is in the form of by-laws that remain in effect until they are amended or repealed. You will not be starting with a blank slate and it is important to become familiar with what exists, how it was created (by by-law, resolution or policy) and why it exists. The Difference between Mayor and Councillor The Mayor is an equal member of Council and does not have the authority to decide matters or speak on behalf of Council unless Council provides otherwise. The Mayor has additional responsibilities, which include but are not limited to: chairing Council Meetings; representing the Municipality as a figurehead at a greater number of events and meetings other than Council members; having the ability to sign documents on behalf of the Municipality; automatically being appointed to all Municipal Boards and Committees. Administration of a Municipality Municipalities have competent and dedicated administrators. You will need the support, advice and assistance of the Chief Administrative Officer if you are to be an effective member of Council. Their training, experience and understanding of how and why things have developed as they have will be an important resource for you. The Difference between Council and Administration Governance (Council) Management (Administration) Determine the What Determines the How The creation of a setting in which The making of operating decisions by Administration can manage effectively Administration Strategic Plan Development Strategic Plan Execution Develop Policies Implement Policies (Development of Procedures) Approve By-laws Enforce By-laws Approve Budget Manage Budget Total revenue and expenditures General ledger accounts Department budgets Financial reporting Set Direction Provide Information and Recommendations 25

26 Appendices Ministry s Guide for Third Party Advertisers Election Sign By-law B County of Peterborough Sign By-law No Policy AD-56 Use of Corporate Resources Voting Procedures from Procedure Manual pages

27 2018 Guide for third party advertisers Ontario municipal council and school board elections

28 2018 Guide for third party advertisers Ontario municipal council and school board elections This guide provides information to those wishing to register as third party advertisers for the 2018 municipal council and school board elections. The information also applies to any by-elections that may be held during the council and school board term. This guide is not meant to replace provincial legislation. It provides general information about the rules contained in the Municipal Elections Act, 1996 and other legislation and regulations, such as: Municipal Act, 2001 City of Toronto Act, 2006 Education Act

29 Table of Contents Quick links... 1 General information... 2 What is third party advertising?... 2 Registration... 4 Responsibilities of registered third parties... 6 Finance rules... 8 Compliance and enforcement Completing the financial statement Where to find forms Contact us... 23

30 Quick links The following links are provided in the electronic version of this guide: Ontario Central Forms Repository links to election forms: (type municipal election in Quick Search box) Ministry of Municipal Affairs resources for municipal elections: Ministry of Municipal Affairs election address: 2018 Guide for third party advertisers Ontario municipal council and school board elections 1

31 General information Prior to 2018, third party advertising was not regulated for municipal council and school board elections. Those who wanted to advertise or distribute materials supporting or opposing a candidate did not have to identify themselves, were able to spend unlimited amounts of money, and did not have to report their advertising or financial activities to anyone. Recent changes to the Municipal Elections Act, 1996 created a framework of rules for third party advertising. This guide provides information about who can register to be a third party advertiser, what registration allows them to do, and the rules that third party advertisers must follow. The municipal clerk Every municipality has a municipal clerk who is in charge of running the election. The municipal clerk is the main contact for registered third party advertisers and those who are interested in becoming registered. The clerk s office is where forms such as the registration form and campaign financial statements must be filed. The clerk is also responsible for providing information about spending limits and filing deadlines to third party advertisers. If your municipality does not have a website, you could visit or contact the town hall for more information. A municipality may have specific rules regarding issues such as where and when election signs may be displayed and whether third party advertising activities may occur on municipal property. Contact your municipal clerk if you have questions about the election in your municipality. What is third party advertising? Third party advertising refers to advertisements or other materials that support, promote or oppose a candidate, or support, promote or oppose a yes or no answer to a question on the ballot. Third party in this context is a person or entity who is not a candidate. Third party advertising is separate from any candidate s campaign, and must be done independently from a candidate. Any advertisements or materials that are made and distributed by a candidate, or under a candidate s direction, are part of the candidate s campaign Guide for third party advertisers Ontario municipal council and school board elections 2

32 Third party advertising is a way for those outside of the candidate s campaign to express support of or opposition to candidates (or a yes or no answer to a question on the ballot) and to try to persuade voters to vote a certain way. A third party advertisement is an advertisement in any broadcast, print, electronic or other medium that promotes, supports or opposes a candidate, or a yes or no answer to a question on the ballot. Advertisement includes traditional ads as well as materials such as brochures or signs. What is not a third party advertisement? Activities that do not involve spending money, such as discussions or expressing an opinion about a candidate (or an answer to a question on the ballot) are not considered to be third party advertising. Examples include: speaking to friends and neighbours posting on social media, such as Twitter, Facebook or Instagram sending an to a group or mailing list. Internal communications from an employer to their employees, a corporation to its shareholders, directors, members or employees or by a trade union to its members or employees are not considered to be third party advertising. Advertising about an issue, rather than a candidate or a yes or no answer to a question on the ballot is not considered third party advertising. For example, signs saying Support local businesses or Keep the waterfront green would not be third party advertising, even if a candidate has made those issues part of their campaign. When do the rules apply? The Municipal Elections Act,1996 sets out a restricted period for third party advertising. This restricted period runs from May 1 in the year of the election to the close of voting on voting day. For the 2018 election, the restricted period is May 1, 2018 to the close of voting on October 22, Candidates can begin filing their nominations on May 1. If any individual or group wanted to spend money before May 1 on signs or advertisements supporting someone who intended to become a candidate, or someone who they hoped would become a candidate, the third party advertising rules would not apply. However, once the restricted period begins on May 1, any signs or other advertisements would have to be taken down or discontinued. Who can be a third party advertiser Only those who have registered can spend money on third party advertising. The following are eligible to register as a third party advertiser: any person who is a resident in Ontario 2018 Guide for third party advertisers Ontario municipal council and school board elections 3

33 a corporation carrying on business in Ontario a trade union that holds bargaining rights for employees in Ontario. If two or more corporations are owned or controlled by the same person or people, or if one corporation controls another, they are considered to be a single corporation. If the same person or people own or control multiple corporations, only one of those corporations may register to be a third party in a municipality. There is no restriction against family members or campaign staff of candidates registering to be third party advertisers. However, third party advertising must be done independently of the candidate. If a person with close ties to a candidate wishes to register they should consider how these activities may look to the public and how they would be able to demonstrate that they were not working in co-ordination with the candidate. Who cannot be a third party advertiser A candidate running for any municipal council or school board office cannot register to be a third party advertiser in any municipality. Groups, associations or businesses that are not corporations are not eligible to register and may not spend money on third party advertising in municipal elections. For example, neighbourhood associations, clubs or professional associations cannot register and cannot make contributions to third party advertisers. Members may register as individual third party advertisers and may contribute individually. Candidates in the provincial election cannot register. They may register after the provincial election, when they are no longer candidates. Federal and provincial political parties cannot register to be third party advertisers. Political parties are not permitted to be financially involved in municipal elections. Registration An individual, corporation or trade union must register with the municipal clerk to be a third party advertiser in a municipality. Third parties can register in any lower-tier or single-tier municipality (city, town, township, etc.). Third parties cannot register in an upper-tier municipality (a region or county). Being registered in a municipality allows the third party to advertise to the voters in that municipality. A third party advertiser can support or oppose any candidate or candidates who will be voted on by the people in that municipality. This includes candidates running for local council, school trustee and candidates running for offices on an upper tier council Guide for third party advertisers Ontario municipal council and school board elections 4

34 Third party advertisers do not need to decide before they register which candidate or candidates they want to support or oppose, and they do not have to tell the clerk what their intentions are. A third party can only advertise to voters in the municipality where they are registered. There is no limit on the number of municipalities where a third party can register. If a third party wants to advertise to voters in more than one municipality they must register in each municipality where they wish to advertise. For example, if a third party wanted to advertise for or against a candidate running for an office that is voted on by people in more than one municipality, such as a school trustee or regional chair, they would need to register in each municipality. Deadline to register An individual, corporation or trade union can register to be a third party advertiser beginning on May 1, 2018, and can file a registration until the close of business on Friday, October 19, Where to register An individual or a representative of a corporation or trade union must file a Notice of Registration (Form 7) with the municipal clerk in person or by an agent. It must have an original signature the form may not be a copy, and may not be scanned and submitted electronically. There is no registration fee. The municipal clerk must be satisfied that that the individual, corporation or trade union is eligible in order to certify the registration, and may require that identification or additional documents be provided. A person who is filing as the representative of a corporation or a trade union should make sure that they can provide proof that they are authorized to act on the corporation or trade union s behalf. Registering in more than one municipality If a third party advertiser registers in more than one municipality, each of those registrations is considered to be a separate advertising campaign. Once they register, they must keep each advertising campaign separate, and ensure that they follow the rules in each municipality where they are registered: The identification required on signs, advertisements and other materials must indicate that the third party is registered in that municipality. There must be a separate bank account for each campaign Contributions may not be shared between the advertising campaigns if a contributor has given money to the advertising campaign in municipality A, that money cannot be used to fund expenses in municipality B Guide for third party advertisers Ontario municipal council and school board elections 5

35 If the third party wants to use the same signs or the same advertisement in more than one municipality, the separate advertising campaigns can produce a joint advertisement. The advertisement would indicate that the third party is registered in both municipality A and municipality B, and each advertising campaign would pay for its share of the expense for the advertisement. The third party must file a separate financial statement in each municipality where they were registered. The financial statement must reflect the financial activities relating to advertising in that municipality. Responsibilities of registered third parties Third party advertisers are required to follow many of the same financial and reporting rules as candidates. Unlike candidates, third party advertisers cannot appoint scrutineers to observe the voting, or to be present when votes are counted. Identification on advertising A third party advertiser must provide the following information on all of its advertisements, signs and other materials: the legal name of the registered third party (if the third party is a corporation or trade union, the name of the corporation or trade union must appear, not the name of the representative who filed the registration) the municipality where the third party is registered a telephone number, mailing address or address where the third party can be contacted. A registered individual cannot act on behalf of a group or organization that is not eligible to register as a third party advertiser. For example, if Chris Smith is the president of a business improvement association (BIA), the signs and materials must identify Chris Smith as the person responsible for the advertising, not the BIA. If ads are going to be broadcast or published (e.g. on a radio station or in a newspaper), the ad must contain the information required above, and the third party advertiser must also provide the broadcaster or publisher with the following: the name of the registered third party the name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the registered third party the municipality where the third party is registered. Any additional content of signs is not regulated under the act Guide for third party advertisers Ontario municipal council and school board elections 6

36 Sign bylaws A municipality may have rules in place about when signs can be put up, and how signs may be displayed on public property. The third party is responsible for removing their signs after voting day. The municipality may require a sign deposit or have penalties for failing to remove signs. Contact the municipal clerk for more information. Advertising on voting day The Municipal Elections Act, 1996 does not prohibit campaigning or advertising on voting day. While there are restrictions on advertising for federal and provincial elections on voting day, these blackouts do not exist for municipal council and school board elections. The act prohibits campaign material in a voting place. The voting place could include the entire property of a building that has a voting place inside it, including the parking lot. A third party is not allowed to have brochures, buttons, signs or any other advertising material in the voting place. Wrapping up the advertising campaign After voting day, the third party advertiser must remove any signs or other advertisements that have been put up, including online ads. The advertising campaign must end on December 31, 2018, unless it has a deficit and the third party informs the clerk in writing that they are going to extend their campaign. Once the campaign has ended, the third party should close the designated bank account and prepare the financial statement. Financial statements must be filed with the clerk by 2 p.m. on Friday, March 29, Guide for third party advertisers Ontario municipal council and school board elections 7

37 Finance rules Third party advertising campaign This guide refers to activities related to third party advertising as the advertising campaign. Record keeping Every third party is responsible for keeping financial records related to their advertising campaign. The Municipal Elections Act, 1996 does not require that third parties use any specific accounting system. A third party may want to consult with an auditor or an accountant to make sure that they are using a bookkeeping and accounting system that will suit their needs. The third party should also look through the financial statement (Form 8) that they will be required to file to make sure that they are keeping records of all the information that must be included on the statement. Every third party is required to keep all of their advertising campaign financial records until November 15, 2022 when the next council or school board takes office. A third party must keep the following campaign records: the receipts issued for every contribution including when the contribution was accepted and the date the receipt was issued (receipts must also be issued to the third party for any contributions made to their own advertising campaign) the value of every contribution, whether it is money, goods or services, and the contributor s name and address all expenses, including the receipts for each expense any claim for payment of an expense that the third party disputes or refuses to pay the funds raised and expenses incurred from each separate fundraising event or activity the terms of any loan received from a bank or other recognized lending institution. Advertising campaign period A registered third party can only accept contributions or incur campaign expenses during their advertising campaign period. The advertising campaign begins on the day the individual, corporation or trade union is registered as a third party advertiser. Third parties can register beginning on May 1, 2018 until the close of business on Friday October 19, Guide for third party advertisers Ontario municipal council and school board elections 8

38 As the advertising is meant to influence voters, there is little point in continuing to advertise after voting day. However, the advertising campaign period runs until December 31, This extra time can be used to accept contributions if the campaign has not paid for all of its expenses. If a third party is certain that they will not have any more financial activity after voting day, they can end their advertising campaign at any time between voting day and December 31, Extended campaigns If the advertising campaign has a deficit, the third party can extend their campaign in order to do some additional fundraising. A third party can extend their campaign by notifying the clerk using the Notice of Extension of Campaign Period (Form 6) on or before Monday, December 31, The end date for the extended period will be the earliest of: the day the third party notifies the clerk in writing that they will be ending their advertising campaign and not accepting any more contributions June 30, 2019 Bank account Every third party must open a bank account exclusively for the advertising campaign. An individual cannot use an existing personal bank account for campaign finances, even if they are planning a very small advertising campaign. A corporation or trade union may not use an existing account. All contributions including contributions that the third party makes to itself must be deposited into the third party advertising campaign bank account. All expenses must be paid for from the campaign account. Contributions Contributions are any money, goods or services that are given to a third party for use in the campaign, including money and goods that the third party contributes to their own campaign. If a third party sells tickets to a fundraising event, the cost of the ticket is considered a contribution. If a third party obtains a loan from a bank or other recognized lending institution and guarantees the loan, and the advertising campaign is unable to repay the full amount, any unpaid balance is considered to be a contribution by the guarantor. If the third party is an individual, either they or their spouse may guarantee a loan Guide for third party advertisers Ontario municipal council and school board elections 9

39 Things that are not contributions The value of volunteer labour (for example, if a team of volunteers helps to put up signs) is not considered to be a contribution. A cash donation of $25 or less received at a fundraising event is not considered to be a contribution, and the third party may accept such donations without keeping track of who gave them. The total amount of money received from these donations must be reported on the financial statement. If the third party obtains a campaign loan from a bank or a recognized lending institution, the amount of the loan is not considered to be a contribution. Who can contribute A third party can accept contributions from: any person who is a resident of Ontario corporations carrying on business in Ontario trade unions that hold bargaining rights for employees in Ontario. If the registered third party is an individual, and their spouse is not normally resident in Ontario, the spouse can still make contributions to the third party s advertising campaign. They may not make contributions to any other registered third party, or to any candidates. Groups such as clubs, associations or ratepayer s groups are not eligible to make contributions. The members of these groups may make individual contributions from their personal funds, as long as they are residents of Ontario. Who cannot contribute The following are not allowed to make contributions to third party advertising campaigns: a federal political party, constituency association, or a registered candidate in a federal election a provincial political party, constituency association, or a registered candidate or leadership contestant a federal or provincial government, a municipality or a school board Guide for third party advertisers Ontario municipal council and school board elections 10

40 When contributions can be received A third party can only accept contributions once they have registered as a third party advertiser, and cannot accept contributions after the advertising campaign period has finished. Any contributions received outside the advertising campaign period must be returned to the contributor. If the contribution cannot be returned to the contributor, it must be turned over to the clerk. Contribution limits There is no limit on how much a registered third party (and, if the third party is an individual, their spouse) can contribute to their own advertising campaign. There is a $1,200 limit that applies to all other contributions. This amount includes the value of any goods or services donated to the third party advertiser. If an individual, corporation or trade union makes more than one contribution (e.g. contributes money, contributes goods, and purchases a ticket to a fundraising event), the total value of all the contributions cannot exceed $1,200. The maximum total amount that a contributor can give to third parties registered in the same municipality is $5,000. A contribution must come directly from the contributor pooling contributions from others and giving them to a third party advertiser is not allowed. If a contribution is made from a joint account, it must be clear which person is making the contribution. Only a contribution that is $25 or less can be made in cash. All contributions above $25 must be made by cheque, money order, or by a method that clearly shows where the funds came from (e.g. certain debit, credit or electronic transfer transactions). Third party advertisers are required to inform every contributor of the contribution limits. Contributors should keep track of their donations to ensure they don t end up giving more than is permitted. Contribution receipts Third party advertisers must issue a receipt for every contribution they receive. The receipt should show who made the contribution, the date, and the value. If the contribution was in goods or services, the third party must determine the value of the goods or services and issue a receipt for the full value. If a third party receives a cheque from a joint personal account, the receipt must be issued only to the person who signed the cheque. The contribution can only come from one person Guide for third party advertisers Ontario municipal council and school board elections 11

41 Third party advertisers are required to list the names and addresses of every contributor who gives more than $100 total to the advertising campaign in their financial statement. The financial statement is a public document. A third party should keep a record of the names and addresses of every contributor, regardless of the value of their contribution, because the same contributor may make multiple contributions that end up totalling more than $100. Contribution receipts are not tax receipts. Contributions to third party advertising campaigns cannot be credited against provincial or federal income taxes. An easy way for third party advertisers to inform contributors of the contribution limits is to include the contribution limits on the receipt that is given for each contribution. Review of contributions The contributions that are reported on third party advertisers financial statements will be reviewed by the municipal clerk to see if any contributors have given too much. If the contributions reported on the financial statements show that a contributor gave more than $1,200 to an individual third party advertiser, or if they show that a contributor gave more than $5,000 to third party advertisers registered in the same municipality, the clerk will report this to the compliance audit committee. The compliance audit committee will hold a meeting and determine whether the municipality will begin court proceedings against the contributor. Returning ineligible contributions Third party advertisers are required to return any contribution that was made or accepted in contravention of the act as soon as they learn that it was an ineligible contribution. If the contribution cannot be returned, it must be turned over to the clerk. Contributions should be returned or paid to the clerk if the contribution is: made outside the campaign period from an anonymous source (except for donations of $25 or less at a fundraising event) from an ineligible source (e.g. someone who doesn t live in Ontario, a business that is not a corporation, etc.) greater than the $1,200 individual limit or the $5,000 total limit a cash contribution greater than $25 from funds that do not belong to the contributor who gave them Refunding unused contributions If the advertising campaign ends with a surplus, the third party can withdraw the value of contributions that they made to their own campaign. If the third party is an individual, they can also withdraw the value of contributions made by their spouse. If there is still a 2018 Guide for third party advertisers Ontario municipal council and school board elections 12

42 surplus once these contributions have been withdrawn, it must be turned over to the clerk. A third party advertiser cannot refund any other unused contributions. Contribution rebates Some municipalities have established programs to provide rebates to those who make contributions to candidates. These programs only apply to candidates, and do not apply to contributions made to third party advertising campaigns. Fundraising Fundraising functions are events or activities held for the primary purpose of raising money for a third party s advertising campaign. If a third party has created brochures or other advertising materials that include a sentence asking people to make a contribution or providing information about how to contribute, this would not be a fundraising brochure since its primary purpose is to persuade voters to vote a certain way, not to raise money. Fundraisers can only be held during the advertising campaign period. Third party advertisers must record the gross income, including ticket revenue and other revenue, and the expenses related to each event and activity on their campaign financial statement. If tickets are sold to the event, the ticket price is considered to be a contribution to the campaign and a receipt must be issued to each person who purchases tickets. If the ticket price is higher than $25, tickets cannot be paid for in cash. If the ticket price is more than $100, these contributions must be included in Table 1 on the campaign financial statement (Form 8). If the ticket price is less than $100 and a person who buys a ticket makes other contributions, making their total contribution more than $100, these contributions including the cost of the ticket must be recorded in Table Guide for third party advertisers Ontario municipal council and school board elections 13

43 Campaign income If funds are raised by selling goods or services for more than fair market value, the difference between the fair market value and the amount paid is considered to be a contribution. If the good or service is sold for $25 or less, the amount paid is considered campaign income, and not a contribution. Examples: The campaign has 20 framed prints to sell at a fundraising function. The cost to the campaign is $20 per print, and they are sold for $50 each. Each person who purchases a print is making a $30 contribution to the campaign. The campaign has 100 t-shirts printed to sell at a fundraiser. The cost to the campaign is $10 per shirt, and they are sold for $25 each. Each person who purchases a shirt is not making a contribution. The $2,500 that was raised by selling the shirts must be recorded as campaign income on the financial statement. If goods (such as food and drink) are sold at market value, the revenue is not considered to be a contribution, but must still be recorded on the campaign financial statement as campaign income. Expenses Campaign expenses are the costs that are incurred during the campaign. These include costs directly related to producing, distributing or publishing advertisements, as well as indirect costs such as hiring someone to keep track of contributions and issue receipts. Goods and services that are contributed to the campaign are also expenses. They should be treated as if the contributor gave the third party money and the third party went out and purchased the goods and services at fair market value both the contribution and the expense must be recorded. Example: An individual spends $120 on stakes for putting up signs and donates them to a third party s advertising campaign. The third party should record a contribution of $120 in goods or services from the individual, and record an expense of $120. Expenses must be paid from the campaign bank account. If a credit card is used to pay for purchases, the third party should keep clear records showing that the expense on the credit card was reimbursed from the campaign account. Any taxes such as HST paid on purchases should be included in the amount of the expense. Third party advertisers can only incur expenses during their advertising campaign period, except for expenses related to the preparation of an auditor s report. If a third party advertiser is required to include an auditor s report with their financial statement, 2018 Guide for third party advertisers Ontario municipal council and school board elections 14

44 they may incur these expenses after the advertising campaign period has ended. These expenses must also be reported on the financial statement. Spending limits The general spending limit for a third party s advertising campaign is calculated based on the number of electors who are eligible to vote in the municipality where the third party is registered. The formula to calculate the limit is $5,000 plus $0.05 per eligible elector, to a maximum of $25,000. Examples: A third party advertiser registered in a municipality with 50,000 electors would have a spending limit of $7,500. A third party advertiser registered in a municipality with 500,000 electors would have a spending limit of $25,000. $5000 plus $0.05 per elector is $30,000, so the maximum $25,000 applies. There is a separate spending limit for expenses related to holding parties and other expressions of appreciation after the close of voting. This spending limit is calculated as ten percent of the amount of the general spending limit. Example: A third party s general spending limit is $20,000. The spending limit for throwing a party on voting night and making expressions of appreciation such as giving gifts to the members of the advertising campaign team would be $2,000. These expenses do not count toward the $20,000 general spending limit. When a third party registers in a municipality, the clerk will give them an estimate of their general spending limit. This estimate will be based on the number of electors in the last election. On or before September 25, 2018 the clerk must give a final general spending limit that is based on the number of electors on the voters list for the current election. If the initial spending limit estimate is different than the final spending limit received in September, the higher of the two becomes the official spending limit. The clerk will also provide the spending limit for expenses related to parties and other expressions of appreciation. Types of expenses Most expenses will be subject to the general spending limit. Expenses are not subject to the spending limit if they are: related to holding a fundraising event or activity 2018 Guide for third party advertisers Ontario municipal council and school board elections 15

45 related to a compliance audit incurred by a registered third party who is an individual with a disability, and the expenses are directly related to the disability and would not have been incurred if not for the election audit and accounting fees Any materials, events or activities must have fundraising as the primary purpose in order to be exempt from the spending limit. An incidental mention of contributions is not enough to qualify as fundraising. When the spending limit applies The spending limit covers expenses that are incurred between the beginning of the advertising campaign (the day the third party is registered) and voting day. Expenses incurred between the day after voting day and the end of the advertising campaign period are not subject to the spending limit. If a third party incurs an expense before voting day, but doesn t get around to paying for it until after voting day, it would still be subject to the spending limit. Expenses related to parties and expressions of appreciation after voting are subject to the specific spending limit regardless of whether they are incurred before or after voting day. Advertising campaign financial statement Every registered third party advertiser must file a complete and accurate financial statement on time. The filing deadline is 2 p.m. on March 29, Third party advertisers must use Form 8. (Do not use Form 4, as that is the financial statement for candidates.) If a bookkeeper or accountant completes the financial statement, the third party is still responsible for ensuring that it is complete, accurate and filed on time. Financial statements do not require original signatures. Contact the clerk for information about whether a financial statement can be filed by a method such as fax or . If an individual, corporation or trade union registered in more than one municipality, they must file a separate campaign financial statement with each municipal clerk. If a third party did not receive any contributions or incur any expenses, they are only required to fill out the first page of the financial statement and sign it Guide for third party advertisers Ontario municipal council and school board elections 16

46 If a third party received contributions or incurred any expenses, they must complete the relevant parts of the financial statement. If the advertising campaign contributions or campaign expenses are greater than $10,000, the financial statement must be audited and the auditor s report included when the financial statement is submitted to the clerk. Filing early A third party can file their campaign financial statement after they have ended their advertising campaign. If a third party files a statement early and then discovers that there is an error in it, they can submit a corrected statement at any time before the filing deadline on March 29, The original statement is deemed to be withdrawn when the corrected statement is filed. A third party cannot withdraw a financial statement without submitting a corrected one at the same time. Applying for an extension If a third party will be unable to file the financial statement by the deadline, they may apply for an extension to the Superior Court of Justice before March 29, Grace period for filing If a third party has not filed a financial statement by the deadline, they may file the financial statement within 30 days after the deadline if they pay the municipality a $500 late filing fee. This 30-day grace period ends at 2 p.m. on Monday, April 29, Penalty for filing late If a third party has not filed a financial statement by the end of the 30-day grace period and did not apply to the court for an extension prior to the March 29 th deadline, the individual, corporation or trade union will not be eligible to register as a third party advertiser in the municipality until after the 2022 election. If a third party did not file a financial statement by the end of the 30-day grace period, they may still file it for the purposes of having their finances on the record. The clerk will accept the financial statement and make it available to the public. The penalty will still apply. Extended campaigns If a third party extends their campaign they must file two financial statements: a financial statement reflecting the advertising campaign until December 31, 2018 (due March 29, 2019) a supplementary financial statement that includes the information from the primary statement and adds financial information from the extended campaign Guide for third party advertisers Ontario municipal council and school board elections 17

47 The supplementary financial statement must be filed with the clerk by 2 p.m. on Friday, September 27, There is also a 30-day grace period for this deadline in which the statement can be filed late provided the $500 fee is paid. Surplus and deficit If the campaign has a surplus after the third party has refunded contributions made by the third party (and, if the third party is an individual, their spouse), the remaining surplus must be paid over to the clerk when the financial statement is filed. The surplus will be held in trust, and the third party can use it if they incur expenses related to a compliance audit. If the surplus is not needed for these expenses, it becomes the property of the municipality. If the third party s campaign expenses are greater than the campaign income, the campaign will be in deficit. Note: If the financial statement reports that the advertising campaign ended with a deficit, this is a deficit on paper only. The third party is still obligated to pay any vendors they owe money to. Ending the campaign with a deficit may result in questions being raised about how those vendors were paid. Auditor s report A third party must have an auditor review the financial statement and provide a report if: the advertising campaign expenses exceed $10,000, or the contributions received exceed a total of $10,000, or both the expenses and contributions exceed $10,000 each. The auditor s report must be prepared by an auditor licensed under the Public Accounting Act, Before a third party hires someone to prepare the report, they should ensure that the person is properly qualified. A third party can incur expenses relating to the auditor s report after December 31, These expenses do not count toward the spending limit. These expenses should be included on the financial statement that will be filed Guide for third party advertisers Ontario municipal council and school board elections 18

48 Compliance and enforcement Automatic penalties Under the Municipal Elections Act, 1996, a penalty applies automatically if: a third party fails to file a financial statement by the end of the 30-day grace period or fails to apply to the court for an extension by the filing deadline the financial statement shows that the third party has exceeded a spending limit a third party fails to turn over their surplus to the clerk when they file their financial statement. The penalty is that the individual, corporation or trade union will not be eligible to register as a third party advertiser in the municipality until after the 2022 election. Compliance audits Each municipality and school board must appoint a compliance audit committee. If an eligible elector believes that a third party has not followed the election finance rules, the elector may apply for a compliance audit of the third party s advertising campaign finances. The application must be in writing, and must set out the reasons why they believe the third party did not follow the rules. An application for a compliance audit must be submitted to the clerk of the municipality where the third party is registered within 90 days of the deadline to file the advertising campaign financial statement. The compliance audit committee will consider the application and decide whether to grant or reject the application. The committee s decision may be appealed to the Superior Court of Justice within 15 days after the decision is made. If the committee grants the application, it will appoint an auditor to conduct a compliance audit of the third party s advertising campaign finances. The auditor is entitled to have access to all of the financial records related to the advertising campaign. The auditor will produce a report, which the third party is entitled to receive. The compliance audit committee will meet to consider the auditor s report. If the report concludes that there is an apparent contravention of the act, the committee will decide whether to commence legal action. The compliance audit committee does not have any authority to set penalties. Only the court can decide if a third party contravened the act and, if so, which penalties should apply Guide for third party advertisers Ontario municipal council and school board elections 19

49 A person who does not want to or who is not able to apply for a compliance audit may decide to commence legal action on their own. A prosecution related to the 2018 election must be commenced before November 15, Penalties If a person is convicted of committing an offence, they may be subject to the following penalties: a fine of up to $25,000 up to six months in prison ineligibility to register to be a third party advertiser until after the next regular election ineligibility to vote or run in the next regular election (in the case of conviction for bribery or other corrupt practices). If a corporation or trade union is convicted of committing an offence, they may be subject to a fine of up to $50,000, and ineligibility to register to be a third party advertiser until after the next regular election. If any third party advertiser is convicted of exceeding a spending limit, they may also be fined the amount by which they exceeded the limit Guide for third party advertisers Ontario municipal council and school board elections 20

50 Completing the financial statement Third party advertisers must use Form 8. All registered third party advertisers must complete Box A: Name of Registrant and Box B: Declaration. If the third party did not receive any contributions or incur any expenses, check the box indicating this, and complete the Declaration in Box B. No further information is required. If the third party did receive contributions or incur any expenses, fill in the information in Box C, Box D, Schedule 1, and Schedule 2 as appropriate. It may be easier to fill out the form by starting with the more detailed sections such as the tables in Schedule 1 before filling in the Statement of Campaign Income and Expenses. Any contributors that give more than $100 in total must be identified and recorded in the tables in Schedule 1. There are separate tables for contributions of money or goods and services, contributed by individuals or corporations and trade unions. Record each contribution in the appropriate table. Contributors that give $100 or less in total do not have to be individually identified. The total amount contributed from these contributors will be recorded as a lump sum. If the third party received contributions or incurred expenses in excess of $10,000, an auditor s report must be included with the financial statement. The completed financial statement must be submitted to the clerk by 2 p.m. on the last Friday in March (March 29, 2019). Supplementary financial statements must be submitted to the clerk by 2 p.m. on the last Friday in September (September 27, 2019) Guide for third party advertisers Ontario municipal council and school board elections 21

51 Where to find forms Copies of forms can be obtained from the municipal clerk or downloaded from the Government of Ontario s Central Form Repository at Please note that this list only provides forms applicable to registering and fulfilling requirements for third party advertisers. For an exhaustive list of all forms applicable to municipal elections, please use the direct link. Direct link to all forms Notice of Registration Third Party (Form 7) Financial Statement Auditor s Report Third Party (Form 8) Financial Statement Subsequent Expenses (Form 5) Notice of Extension of Campaign Period (Form 6) 2018 Guide for third party advertisers Ontario municipal council and school board elections 22

52 Contact us If you have questions or would like to give feedback on this guide, please contact us at You can also contact your regional Municipal Services Office: Central Municipal Services Office 13 th Floor, 777 Bay St. Toronto ON M5G 2E5 Telephone: or Lower Tier, Upper Tier and Single Tier Municipalities (Barrie, Dufferin, Durham, Halton, Hamilton, Muskoka, Niagara, Orillia, Peel, Simcoe, Toronto, York) Eastern Municipal Services Office Rockwood House 8 Estate Lane Kingston ON K7M 9A8 Telephone: or Lower Tier, Upper Tier and Single Tier Municipalities (Belleville, Brockville, Cornwall, Dundas/ Glengarry, Frontenac, Gananoque, Haliburton, Hastings, Kawartha Lakes, Kingston, Lanark, Leeds and Grenville, Lennox & Addington, Northumberland, Ottawa, Pembroke, Peterborough, Prescott, Prescott-Russell, Prince Edward, Quinte West, Renfrew, Smith Falls and Stormont) Northern Municipal Services Office (Sudbury) Suite 40, 159 Cedar St. Sudbury ON P3E 6A5 Telephone: or Districts (Algoma, Cochrane, Manitoulin, Nipissing, Parry Sound, Sudbury and Timiskaming) Northern Municipal Services Office (Thunder Bay) Suite 223, 435 James St. S Thunder Bay ON P7E 6S7 Telephone: or Districts (Kenora, Rainy River and Thunder Bay) Western Municipal Services Office 2 nd Floor, 659 Exeter Rd London ON N6E 1L3 Telephone: or Lower Tier, Upper Tier and Single Tier Municipalities (Brant, Brantford, Bruce, Chatham-Kent, Elgin, Essex, Grey, Guelph, Haldimand, Huron, Lambton, London, Middlesex, Norfolk, Oxford, Perth, St. Thomas, Stratford, Waterloo, Wellington and Windsor) 2018 Guide for third party advertisers Ontario municipal council and school board elections 23

53 The Corporation of the Municipality of Trent Lakes By-law No. B A by-law to regulate the placement of election signs in the Municipality of Trent Lakes and to repeal By-law B Whereas Section 11 of the Municipal Act, 2001, as amended, authorizes a municipality to pass by-laws respecting highways over which it has jurisdiction, and to pass by-laws respecting signs; And whereas Section 63 of the Municipal Act, 2001, as amended, authorizes a municipality if it passes a by-law to prohibit or regulate the placing of an object on a highway, to provide for the removal of any object placed on a highway in contravention of that by-law; And Whereas Section 425 of the Municipal Act, 2001 that any person who contravenes any by-law of the m-'b offence; Now therefore the Council of The Corpor~ hereby enacts as follows: 1. Definitions 1.1 In this By-law: a) c) "Municipality'' means The Corporation of the Municipality of Trent Lakes. d) "Public Property" means property owned, leased, or maintained by The Corporation of the Municipality of Trent Lakes. 2. General Provisions 2.1 No permit is required for the erection of Election Signs under this by-law. 2.2 No person shall at any time place an election sign, or cause an election sign to be placed, that: a) obstructs the visibility of pedestrians, vehicles or traffic control devices, as determined by the Director of Public Works; b) is nailed or otherwise attached to or upon any utility pole, light pole, utility box, tree, planter, bench, waste receptacle, newspaper box or mail box;

54 c) is on any premises used as a Help Centre for elections; d) is in or on a vehicle that is parked on any premises used as a Help Centre for elections if the Election Sign is visible from the outside of the vehicle; e) is located on a sidewalk; f) is affixed to a permanent or official highway sign, signal or support, guardrail or other roadway structure. 2.3 Election Signs may be erected or displayed on private property with the consent of the owner or occupant of the property. 2.4 No person shall at any time place an election sign, or cause an election sign to be placed on any property that is owned, leased or maintained by the Municipality of Trent Lakes, including, but not limited to: a) Municipal Office; b) Fire Halls; c) Public Works Yards; d) Public Libraries; e) Municipal Parks; f) Transfer Stations. 2.5 Election signs shall not be placed/affixed to any b illcling owned, leased or operated by the Municipality of Trent Lakes, 2.6 Election signs shall not be permitted on a "Jio/.'fo, I road allowance immediately adjacent to the properties note,s, in sa ' ction Election Signs may be placed on a munlcjij,,a~road allo nee provided that: a) the visibility of intersections o;;_p.~ ate entrances are not- bstructed and do not create a safety cond1tlo b) the visibility of pedestrians, vehicle. 1c control devices or other regulatory signage is lilot obstructed; c) the Election Sign is of s ~ ' Gi~ t texture a i!v.or proper installation that weather conditions will n i:liqj'jl lre this ma ~ and create a safety hazard on municipal road d) they are no ar~r.61 m (2.6 ' ); e) the locati. A of th sign does '. ot imped the necessary sightlines of motori ts municl " I snowploll h operations, or access to a private drive, ' f) the locatio~.., g dq~ o cause an immediate safety issue. 2.8 No ers_o. q_all atra. time Cfisp ay the Municipality of Trent Lakes logo, A i}i whole o r<l!j_~ rt, ~ election sign. 2.9 ~~lection Sign ~s} all n~ a} ~ave flashin9'dghts '. rotating parts; b) he.iuuminate<\:i; r c) oosjnict the Vi w of any official traffic sign or signal or simulate any traffic\.c Q!r9 device No person sblfll place or permit to be placed an Election Sign for a federal or pfovincial election or by-election earlier than the day the Writ of Election or by-election is issued No person shall place or permit to be placed an Election Sign for a municipal election or by-election earlier than Nomination Day in the year of that election. 3. Removal of Election Signs 3.1 No person shall deface, relocate, remove, wilfully cause damage or permit to be cause damage to a lawfully erected Election Sign, except for the Candidate to whom the sign belongs. 3.2 The Municipality 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 Municipality pursuant to the provisions of this by-law. 3.3 If the Director of Public Works, or his/her designate, determines that the location of an Election Sign is in contravention of Section 2 of this by-law, he/she may remove the sign. 3.4 Election Signs removed pursuant to subsection 3.3 of this by-law shall be

55 stored by the Municipality for a period of not less than one (1) week and made available for return to the owner or his/her agent. 3.5 Election Signs not reclaimed as provided for in subsection 3.4 of this bylaw may be disposed of by the Municipality. 3.6 The Municipality reserves the right to remove any offending Election Sign, any Election Sign which is deemed to be a hazard or otherwise that is in non-compliance with this by-law without notice to any person, including the Candidate and without compensation to the owner of the sign Election signs shall be removed at the Candidates' expense within one (1) week after the completion of voting on voting day. 3.8 Any sign that has not been reclaimed in accordance with subsection 3.7 may be disposed of by the Municipality without notice and without compensation to the owner of the sign. 4. Enforcement 4.1 Municipal Law Enforcement Officers, Police, or the Clerk or his/her designate may enforce this by-law Precedence Short Title Bev Matthews, Mayor Kari Stevenson, Clerk

56

57 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW NO A BY-LAW TO REGULATE THE PLACING, ERECTING OR ALTERING OF SIGNS UPON OR ADJACENT TO COUNTY ROADS. WHEREAS the Municipal Act, 2001, c. 25, s. 59 (as amended) provides that an upper-tier municipality may prohibit or regulate the placing or erecting of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway; AND WHEREAS the Council of the Corporation of the County of Peterborough deems it advisable to pass this By-law to regulate the placing, erecting or altering of signs upon or adjacent to county roads; NOW THEREFORE the Council of the Corporation of the County of Peterborough hereby enacts as follows: SECTION 1 PURPOSE AND TITLE 1.1 The primary purpose of the County Road system is to carry traffic between destinations points within the County. County Roads are therefore typically designed to accommodate large volumes of traffic travelling at normal highway speeds of 80 km per hour. Motorist safety is therefore a prime concern. Peterborough County also prides itself on its pristine natural beauty and recognizes that the preservation of this natural beauty is important to the economic health and vitality of the County. Preservation of the natural beauty of our County is also a prime concern. Finally, the County acknowledges that a healthy commercial and tourism industry within the County is something that we wish to support. Commerce and tourism provide jobs to our residents and prosper our County. These two sectors of our economy rely heavily on outdoor advertising to attract and direct customers to their place of business. The County agrees that outdoor signage is necessary to ensure the health of our businesses. The purpose of this by-law is to provide a set of guidelines and regulations to control outdoor signs. The by-law attempts to balance the three areas of concern expressed in the preceding paragraphs in order that all interests within the County can be best served. 1.2 The short title of this By-law is the "County of Peterborough Sign By-law". SECTION 2 DEFINITIONS 2.1 The following terms shall for the purpose of this By-law have the meanings stated below: a) Applicant means a person who is applying for a sign permit under the terms of this By-law.

58 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - b) "Bush Country" means that part of the County containing the County Roads identified in Schedule "A" which is annexed hereto and forms part of this Bylaw. c) "County" means the Corporation of the County of Peterborough. d) Directional signage means a sign that contains only the name of the business or enterprise, the logo and an arrow or other form of directional indicator and shall not exceed 3 square metres (32.3 sq. ft.) in size. e) Erect" means attach, display, alter, build, construct, reconstruct, enlarge or move, but does not include any change in the message displayed on a sign or any act performed to maintain a sign. f) "Maintain" means to permit a sign or sign structure to continue or to refurbish a sign or sign structure. g) Person includes an individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, body corporate, and a natural person in his capacity as trustee, executor, administrator or other legal representative. h) "Portable or relocatable sign" means any sign that is designed to be readily moved from one location to another and which is not supported by a fixed foundation. i) "Road Authority" means The Corporation of the County of Peterborough j) "Sign" means any identification, description, illustration or device illuminated or non-illuminated including any supporting structure that is visible from any public place or located on private property and exposed to the public which directs attention to a product, service, place, activity, person, institution, business or solicitation. Without limiting the generality of the foregoing, a sign includes any banner, pennant, placard or temporary sign designed to advertise, identify or convey information or any portable or relocatable sign but sign does not include window displays and flags or emblems of patriotic, civic, educational, religious organizations or private clubs. k) third party advertising means a sign erected on or at a business premise (excluding farmland) intended to advertise a business that is conducted at another location. l) two side sign means a sign erected in a V shape designed to be seen from both directions but shall not mean a back lit sign visible from both directions. SECTION 3 PROHIBITIONS 3.1 No person shall place, erect, display or use any sign within the County road allowance. 3.2 No person shall place, erect, display or use any sign within 400 metres (1,312 ft.) of the road allowance of any road under the jurisdiction of the County of Peterborough, unless such person has obtained a permit to do so from with the Road Authority. 3.3 Notwithstanding Paragraph 3.1 of Section 3 of this By-law, signs may be erected within the road allowance of any road under the jurisdiction of the County of Peterborough identified as being in the Bush Country area and in accordance with the conditions set out in Section 4 - Bush Country

59 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law No third party advertising shall be permitted anywhere within the County road allowance Notwithstanding Paragraph 3.1 of Section 3 of this By-law, election signs measuring not more than square metres (6 square feet) may be placed upon the County road allowance in accordance with the provisions set out in Paragraph 6.1 (j) of Section 6 Exempted Signs. 3.6 Signs may not overhang a County road allowance except for those erected in accordance with Section 4 Bush Country and those located in urban areas as prescribed in Section 7 Urban and Built-up Areas. 3.7 No sign shall be placed in such a way that, in the opinion of the Road Authority, it interferes with the safe movement of traffic i.e.: obstruction of sight lines at intersections, at changes in road alignment or road grade, or snow removal operations. 3.8 The prohibitions hereinbefore contained shall not extend to or affect the right of the Road Authority to place, erect, alter or display any sign on the road allowance or within 400 metres (1,312 ft.) of the road allowance of any road under the jurisdiction of the County of Peterborough. SECTION 4 BUSH COUNTRY 4.1 Signs may be erected within the road allowance of any road under the jurisdiction of the County of Peterborough identified as being in Bush Country subject to the following conditions: a) All signs erected shall be placed as close to the fence line as possible. b) No signs will be allowed to be erected between the edge of the pavement and the centre-line of the ditch or in such a manner as to impede drainage. c) Any person wishing to erect a sign on the County Road allowance shall enter into an agreement with the County, said agreement to include but not be limited to the following: i) Provisions for the removal of said sign at their cost within 15 days of receiving written notice from the Road Authority. ii) Provisions for the indemnification and holding the County harmless from all legal action that may arise as a result of the erection of said sign. iii) Provisions for the maintenance of adequate insurance protection by the applicant, said proof to be provided to the County annually. d) An annual fee as prescribed in Schedule B shall be paid to the Road Authority on or before March 15 th of each year. Said fee to constitute a leasing cost for use of County property and to cover the cost of maintenance of the grounds around the sign. e) The annual fee shall apply only for that calendar year in which it is issued. For applications received partially through the year the fee shall be pro-rated. The annual fee shall become renewable on March 15 th in any year

60 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - SECTION 5 - ILLUMINATION 5.1 Signs shall not be illuminated without first having the approval of the road authority in writing. 5.2 Illumination shall be limited to spot lights or back lighting. Signs shall not be illuminated with flashing or moving lights, nor shall reader boards with moving messages be permitted. Programmable reader boards are permitted provided the message appears immediately and is static for longer than 60 seconds per message. SECTION 6 - EXEMPTED SIGNS 6.1 Notwithstanding any other provisions of this By-law, the following signs are exempted from the fees, permit and set back provisions of this by-law unless otherwise noted. Unless otherwise permitted, no exempted signs are permitted to be erected on the County road allowance. a) Street signs bearing only property numbers, street addresses, emergency response addresses, mailbox numbers, estate names or names of occupants of the premises. b) Directional Signs directing and guiding traffic, parking and public safety, but bearing no advertising matter (example: "entrance", "exit", "one way", etc.) subject to the following conditions: i) all directional signage must obtain a permit and pay the requisite fee. ii) sign may not exceed 3 square metres (32.3 sq. ft.). iii) sign may not include any other information other than the name of the business, the business logo, a directional arrow or other form of pointer and a distance measure. iv) sign may not be erected closer than 45 metres (150 ft.) to the intersection and no further than 100 metres (328 ft.) from the intersection. c) Real estate signs not exceeding square metres (6 square feet) that are erected on private property to advertise the sale, rent or lease of the private property. Real Estate Signs larger than.5574 square metres (6 square feet) do not require a permit but must comply with the set-back provisions of this bylaw. d) "No Trespassing" signs or other such directional signs regulating the use of a property. e) Memorial or commemorative signs or tablets, ground mounted or permanently attached or architecturally integrated to a building. f) Signs erected by a government or municipal agency or under the direction of such agency body, and bearing no advertising such as traffic signs and signals, turtle crossing signs, railroad crossing signs, safety signs and signs identifying public schools and facilities. g) Signs erected on or over the road allowance by the Road Authority, Municipal, Provincial or Federal Governments or their agents, to assist in the promotion of Recreation and Tourism subject to approval of the Road Authority. h) Signs erected upon commercial and/or industrial premises which designate whether the business is "open" or "closed", providing that the total area of the - 4 -

61 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - sign does not exceed square metres (4 square feet) and the number of signs does not exceed one per business establishment. i) Signs erected on a building face or roof that advertises the commercial operation being undertaken at that location. No third party advertising signs are permitted on buildings. j) Election proclamations or notices under any legislation pertaining to elections or any voters list under a statute in that behalf, and election signs on private property during any election campaign; all such signs are to be removed within one week after event. Election signs not exceeding.5574 square metres (6 sq. ft.) are permitted within the road allowance; however, they shall be erected as close to the fence line as practicable and shall not be erected between the edge of the pavement and the centre-line of the ditch. Election signs shall not be erected within 45 metres (150 ft.) of an intersection. k) Signs that are used in conjunction with special events that are sponsored by patriotic, religious or charitable organizations. All such signs to be removed within one week of the conclusion of the special event. l) Signs that are used to advertise the sale of fresh farm products provided the total area of the sign does not exceed 1.5 square metres (16 sq. ft.). m) Signs erected on own premises to advertise a business conducted upon said premises. Said signs are subject to the set-back provisions of this by-law as set out in Schedule C attached hereto and forming part of this by-law SECTION 7 URBAN AND BUILT-UP AREAS 7.1 All signs erected in urban or built-up areas where the posted speed limit is 50 kilometres per hour or less are exempted from the provisions of this by-law, save and except the following: a) All signs, including portable or re-locatable signs, erected along the County road allowance must be in compliance with the by-laws or policies of the local municipality. b) The owner of any sign over-hanging or encroaching onto the road allowance must obtain an encroachment agreement from the County of Peterborough and agree to hold the County harmless from all actions arising out of the use of said sign. c) An application for an encroachment agreement shall be made to the Director of Public Works. SECTION 8 SIGN PERMIT 8.1 All persons seeking a permit under Paragraph 3.2 of Section 3 of this By-law shall submit a written application for such permit to the Corporation of the County of Peterborough together with: a) plans of the sign or signs to be erected depicting: i) the dimensions and height of the sign; and ii) the colours used on the sign; and iii) the message or wording displayed; and - 5 -

62 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - iv) the method and extent of illumination of the sign; and v) the structure upon which the sign is to be affixed and the method by which the sign is to be affixed to such structure or the mobile conveyance which is to support a portable sign; b) a plan depicting: i) the shape and dimensions of the lands on which the sign is to be erected; ii) the location of the sign relative to the property line and any buildings or structures situated on said lands; iii) the position, height and dimensions of all existing signs on the said premises and the proposed sign; c) an agreement executed by the applicant, by the owner of the sign and by the owner of the lands on which the sign will be situated stating that all such persons shall hold harmless and indemnify the Corporation of the County of Peterborough from any and all claims arising from negligence in or nuisance caused by the erection or maintenance of the sign; d) the applicable fee set out in Schedule "B" which is annexed hereto and forms part of this By-law. 8.2 Where a proposed sign conforms in all respects with the provisions of this By-law, the Ontario Building Code and all other applicable By-laws and legislation, the Road Authority shall issue a permit. 8.3 If, upon inspection, it is apparent that a person: a) has erected, displayed or used a sign without first having obtained a permit to do so; or b) has erected, displayed or used a sign that does not conform in all respects with the application and supporting material furnished in order to obtain a permit for the sign; or c) has erected, displayed or used a sign that constitutes a danger to the public or that interferes with vehicular traffic; or d) has erected, displayed or used a sign that fails to conform to the provisions of this By-law, the Ontario Building Code and all other applicable By-laws and legislation, the Road Authority may: i) require such person to make such alterations to the sign or to its supporting structure or to the mobile conveyance to which this sign is attached as are required to bring the sign into conformity with the application, applicable By-laws and applicable legislation; or ii) iii) give written notice to such person requiring such person to remove such sign within a period of seven (7) days; or authorize the sign to be dismantled and removed at such person's expense. e) The cost of such removal may be recovered by action as a debt or may be collected in the same manner as municipal taxes on real property upon the County making application to the local municipality in which the property is situate

63 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law Where any approved sign is to be moved from one location to another, a permit shall be obtained for the new proposed location and the applicant for the permit shall comply with the provisions of this by-law. SECTION 9 SIGN MAINTENANCE 9.1 Where a permit is issued, the onus shall be on the owner to maintain the sign in good structural condition and in neat and presentable condition. 9.2 Signs shall be painted and kept in proper repair. If, in the opinion of the Road Authority, any sign or signs are not kept in a proper condition, the owner shall repair, repaint or remove them within thirty days of having received a written request from the Road Authority. SECTION 10 SIGN HEIGHT, SIZE AND LOCATION 10.1 No sign for which a permit has been issued shall be erected, displayed, altered or repaired except in compliance with the provisions of Schedule "C" which is annexed hereto and forms part of this By-law. SECTION 11 MINOR VARIANCE PROCEDURE 11.1 A person who wishes to erect a sign that is not in accordance with this by-law may apply for a minor variance to this by-law An application for a minor variance shall be made to the Director of Public Works and shall be accompanied by the fee as set out in Schedule B to this by-law In the event that the Director of Public Works is in agreement that the variance is indeed minor, he/she may approve the variance and issue the permit In the event that the Director of Public Works does not agree that the variance requested is minor, the applicant may request that the matter be referred to County Council or a Committee of County Council In rendering its decision regarding the application, Council or Committee shall give consideration as to whether the relief being requested is truly minor in nature and shall apply the principles as set out in the purpose section of this by-law namely: a) traffic safety. b) aesthetics. c) the need for commerce to advertise. Council shall have due regard to the circumstances surrounding the request and the precedent that granting or denying the request may have on future applications

64 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - SECTION 12 PENALTY AND EFFECTIVE DATE 12.1 Any person violating any provision of this By-law shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding ONE THOUSAND DOLLARS ($1,000.00), exclusive of costs, at the discretion of the Magistrate or Justice of the Peace. Any such penalty shall be recoverable pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended from time to time. In addition to any other remedy and to any penalty imposed by this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted pursuant to the provisions of Section 429 of the Municipal Act, 2006, c. 32, Schedule A, s. 184, as amended from time to time If any section of this By-law is for any reason held to be invalid, the remaining sections shall remain in effect until repealed By-law No , being a by-law to regulate the placing, erecting or altering of signs upon or adjacent to County Roads, passed by County Council on the 3 rd day of December, 1999 be and it is hereby repealed If any provision of this By-law is in conflict with other previous By-law provisions, the provisions of this By-law shall prevail The provisions of this By-law shall take effect upon the date of passing hereof. SECTION 13 - LEGAL NON-CONFORMING 13.1 Any permanent sign that was lawfully erected on the day this By-law comes into force but which would no longer comply with the provisions of this by-law is continued as a Legal Non-conforming sign Routine maintenance such as painting and minor repairs will not be deemed to affect the legal non-conforming nature of a sign Any change in the size of the sign, the structure upon which it is erected or the nature of the illumination will constitute a new sign which must then conform to the provisions of this by-law. READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 1ST DAY OF AUGUST, Ronald Gerow, Warden Lynn Clark, Clerk - 8 -

65 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - SCHEDULE A COUNTY ROADS IN BUSH COUNTRY County Description Road 37 County Road 16 to County Road 23/36 36 Hwy. 28 to Bobcaygeon 504 Hwy. 28 to County Road 620 at Glen Alda 507 County Road 36 to the Peterborough/Haliburton County boundary 620 Hwy. 28 to County Road 504 at Glen Alda 46 County Road 44 north 54 County Road 620 east 49 Bobcaygeon to County Road Kinmount east 121 County Road 649 to Kinmount 44 County Road 46 north 47 County Road 46 to County Road Hwy 28 to County Road 6 52 County Road 504 south 23 County Road 37 south to the south side of bridge in Buckhorn - 9 -

66 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - SCHEDULE "B" FEES 1. An administrative application fee of $ for each sign permit shall be paid to the road authority at the time of application, said fee being returnable in case of a refusal. A two sided side shall be considered as one permit, however the application fee shall be $ An annual fee of $ shall be paid to the road authority for each sign located on the road allowance in Bush Country upon application and by the 15th day of March every year thereafter. 3. An administrative fee of $ for each application for a Minor Variance under the provisions of this by-law, said fee is non-refundable. 4. An annual fee of $ for all portable signs shall be payable on upon application and by the 15th day of March in each year thereafter. Portable signs erected by registered charities and non-profit organizations are exempt from the annual fee provided said sign is not erected for longer than 30 days

67 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - SCHEDULE "C" SIGN HEIGHT, SIZE AND LOCATION REQUIREMENTS 1. The length of a sign shall not exceed 15 metres (49 ft.) and it shall not be more than 8 metres (26 ft.) high measured from the ground and the bottom shall not be less than 1 metre (3.3 ft.) off the ground. 2. Signs greater than square metres (650 sq. ft.) will not be permitted within 400 metres (1,312 ft.) of the road allowance. 3. Signs greater than 5.9 square metres (64 sq. ft.) will not be permitted on the road allowance in Bush Country. 4. Signs located on the business premise of the applicant shall not be erected closer to the property line of the road allowance than is shown in the following table: Sign size Height off Ground 0 to 4 sq. m. (0 to 43 sq. ft.) 2 metres (6.56 ft.) 4 sq. m. to 8 sq. m. (43 sq. ft. to 86 sq. ft.) 1 metre (3.28 ft.) 8 sq. m. to 11.9 sq. m. (86 sq. ft. to 128 sq. 1 metre (3.28 ft.) 11.9 sq. m. to 18.6 sq. m. (128 sq. ft. to metre (3.28 ft) 18.6 sq. m. to sq. m. (200 sq. ft. to metre (3.28 ft.) sq. m. to sq. m. (325 sq. ft. to metre (3.28 ft) Minimum distance from property line 0 metres 3 metres (9.84 ft) 23 metres (75 ft.) 30 metres (98.4 ft.) 46 metres (150 ft.) 84 metres (275 ft.) 5. Signs located on a private property other than business premise of the applicant shall not be erected closer to the property line of the road allowance than is shown in the following table: Sign size Height off Ground 0 to 5.9 sq. m (0 to 64 sq. ft.) 1 metre (3.28 ft.) 5.9 sq. m. to 11.9 sq. m. (64 sq. ft. to 128 sq. ft.) 11.9 sq. m. to 18.6 sq. m. (128 sq. ft. to 200 sq. ft.) 18.6 sq. m. to sq. m. (200 sq. ft. to 325 sq. ft.) sq. m. to sq. m. (325 sq. ft. to 650 sq. ft.) 1 metre (3.28 ft.) 1 metre (3.28 ft.) 1 metre (3.28 ft.) 1 metre (3.28 ft.) Minimum distance from property line 15 metres (49.2 ft) 23 metres (75 ft.) 30 metres (98.4 ft.) 46 metres (150 ft.) 84 metres (275 ft.) 6. All signs shall be erected on a firm foundation firmly secured into or on the ground to the satisfaction of the Director of Public Works

68 CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW # County of Peterborough Sign By-law - 7. Signs on property other than business premise shall not be erected closer than 300 metres (984 ft.) to each other. 8. Signs shall not be erected within 91 metres (298 ft.) of the limit of a road or railway that intersects a County Road. 9. Every sign shall show thereon the name of either the person or owner of the sign responsible for the erection and maintenance thereof and for the payment of fees

69 Policy Name: Use of Corporate Resources for Elections Purposes AD-56 Approved by Council Approval Date: February 20 th, 2018 Resolution No.: R Effective Date: February 20 th, 2018 Revision Date: Revision Date: Resolution No.: Resolution No.: Policy Statement: The Municipal Elections Act, 1996 establishes the election campaign finance rules for Candidates running in a municipal election. Public funds are not to be used for any election related purposes, including the promotion of, or opposition to, the candidacy of a person for elected office. The Municipal Elections Act, 1996 prohibits The Corporation of the Municipality of Trent Lakes from making contributions in any form, which includes its assets, resources, and employees. This policy does not preclude a member of Council from performing their duties as a Councillor, nor inhibit them from representing the interests of their constituents. Purpose: To provide guidance to staff and information to the public and candidates on the proper use of corporate resources for municipal elections. Definitions: Campaign Period begins the date a Candidate files their nomination through to voting day in a municipal election year. Campaign-related Materials shall mean information, posters and signage relating to a Candidate. Candidate means a person who is running or has expressed an intention to run in a municipal election and shall be deemed to include a person seeking to influence other persons to vote for or against any candidate or any question or by-law submitted to the electors under Section 8 of the Municipal Elections Act, Corporate Resources includes, but is not limited to, the Corporation s employees, events, funds, information and assets. Corporation means The Corporation of the Municipality of Trent Lakes. 1

70 Employees includes full-time, part-time and contract employees paid by the Municipality of Trent Lakes. Scope: This policy is applicable to all Candidates and all members of Council, including any acclaimed member of Council or member of Council who is not seeking re-election. This policy is also applicable to all staff of the Municipality of Trent Lakes. Policy: Technology Related Provisions Candidates and members of Council shall not use corporate resources for any campaign-related purposes, including computers, cell/smart phones, tablets, printers, scanners, or other services such as , internet and file storage. Websites or domain names that are funded by the Municipality of Trent Lakes shall not include any campaign-related materials or links to sites that feature campaign-related material. The Municipality of Trent Lakes voic system shall not be used to record campaign-related messages nor shall the computer network, including the Municipality of Trent Lakes system, be used to distribute campaign-related correspondence. Facilities Related Provisions Candidates may not campaign and/or distribute campaign literature during any function being hosted by the Municipality of Trent Lakes, whether on municipal property or not. Candidates shall not use any municipally provided facilities for any campaign-related purposes that is not specifically booked as a rental by a third-party. Campaign-related materials may be displayed in the room within a facility that has been rented for a candidate/election party. No campaign-related material will be permitted outside of the room that has been rented. In accordance with the Election Sign By-law, no campaign-related signs, nor any other campaign-related material, shall be on any property that is owned, leased, or maintained by the Municipality of Trent Lakes. This includes the following, which is not meant to be a complete and exhaustive list: municipal parks, community centres, transfer stations, public works depots, vacant lands, municipal buildings or structures, etc. Campaign-related materials shall be permitted along municipal road allowances provided they comply with the provisions set out in the Election Sign By-law. Campaign-related materials that will be installed on provincial or county roads will require the permission of these respective approval authorities. Campaign-related materials that will be installed or affixed to poles belonging to Hydro One Network, Bell Canada, or other public utilities will require the permission of these respective approval authorities. 2

71 The Municipality, its municipal servants, employees or agents shall not be responsible for investigating or prosecuting any acts of vandalism to the campaign-related materials of the candidates. Communications Related Provisions Members of Council are responsible for ensuring that the content of any communication material printed, hosted, or distributed by the Municipality of Trent Lakes is not election campaign related. Information contained in/on all campaign-related material is the responsibility of the Candidate and any questions or concerns should be directed to the Candidate. Candidates shall not print or distribute any campaign-related material using municipal funds. The Municipality of Trent Lakes will not distribute campaign-related material through electronic or non-electronic means. The Municipality of Trent Lakes logo, crest, coat of arms, slogan, etc. shall not be printed or distributed on any campaign-related materials or included on any campaign-related websites, except in the case of a link to the Municipality s website to obtain information about the municipal election. Photographs produced for and owned by the Municipality of Trent Lakes shall not be used by Candidates for any campaign-related purposes. No advertising paid for by the Municipality of Trent Lakes shall contain the name of a Councillor or the Mayor unless consistent with their duties as an elected official. Employee Provisions Employees engaged in political activities must take care to separate those personal activities from their official positions. Employees may participate in political activity at the municipal level provided that such activity does not take place during work hours or use corporate assets, resources or property. Notices, posters or similar material in support of a particular Candidate are not to be produced, displayed or distributed by employees on the Corporation s work sites or property. Employees shall not canvas or actively work in support of a municipal Candidate during normal working hours unless they are on a leave of absence without pay, lieu time or vacation leave. Employees shall not canvas or actively work in support of a municipal Candidate while wearing a uniform, badge, logo or any other item identifying them as an employee of the Municipality of Trent Lakes or using a vehicle owned or leased by the Municipality of Trent Lakes. Employees may be prohibited from participating in campaign activities where there is a potential for a conflict of interest or the perception that the integrity of the election may be compromised. 3

72 Employees shall make every effort to remain impartial throughout the election process. Candidates will also be advised of these matters so that they are aware of staff s role related to the election campaign. Discipline: Any campaign-related materials that are found to be in contravention of the Municipal Elections Act, 1996, the Election Sign By-law and/or this policy will be removed and destroyed at the discretion of the Clerk or designate. All Candidates shall be required to remove all campaign-related materials within one week after completion of voting on voting day. Should such campaign-related materials continue to be located, the same shall be removed and destroyed. 4

73 Voting Procedures 26

74 Authority (Section 42) A by-law authorizing the alternative voting method (e.g. internet/telephone voting method) must be passed on or before May 1 in the year of the election. On February 21, 2017, By-law No. B was passed authorizing internet/telephone voting. Section 42(5) further states that when a by-law authorizing the use of an alternative voting method is in effect, Sections 43 (advance votes) and 44 (voting proxies) apply only if the bylaw so specifies. By-law No. B authorizing the use of an alternative voting method is silent on these issues, and therefore Sections 43 and 44 are not applicable. Service Provider By-law No. B authorizes the Service Provider for internet/telephone voting as determined by the Clerk to be Simply Voting Inc. A copy of the contract with the Service Provider is available from the Clerk upon request. System Integrity The integrity of the voting process shall be the responsibility of the Clerk and shall be preserved by: a) ensuring that every eligible elector on the Voters' List, as amended, is sent a sealed Voter Information Letter containing the voter's unique PIN, by Canada Post Lettermail; b) ensuring that no one except the Clerk, or designate, can access PINs maintained by the Service Provider that match each voter's name and address; and c) providing an opportunity for eligible electors to be added to the Voters' List or to make amendments to the list, up to and including Voting Day, October 22nd, 2018 at 8:00 p.m. Auditor The Auditor, appointed by the Clerk, shall test the Voting System on several occasions. The test(s) shall include, but not be limited to the following: a) checking the Help Centre telephones and internet access; b) checking the configuration of the ballot; c) checking the telephone voting prompts; d) checking that voting begins and ends at the designated times; e) attempting to vote before and after the Voting Period; f) attempting to view results before the Voting Period ends; g) attempting to use a PIN more than once; h) attempting to vote using an incorrect PIN; i) balancing the number of electors that voted with the number of votes cast. Prior to the start of the Voting Period, the Service Provider shall provide the Auditor with access to the Voting System by secure usemame and password. 27

75 Secrecy Ensure that all Election Officials have taken the oath and been appointed as per the "Appointment and Preliminary Oath or Affirmation for Election Officials" Form LC18. All complaints regarding any and/or all breaches of secrecy shall be documented by the Election Official as well as questions and answers of the complainant and, if deemed appropriate, the Clerk shall submit same to the Police for further investigation and prosecution. Preparation of Voter Information Letters The Voters' List, being the compilation of the Preliminary List of Electors and Interim List of Changes, shall be provided to the Service Provider by September 25, 2018 in electronic format in order that the Service Provider may print the "Voter Information Letter'' Form LC41. Voter Information Letters shall be delivered to Canada Post and distributed by Canada Post Lettermail to all eligible voters no later than October 5, 2018 to enable them to use the internet/telephone voting method. The Voter Information Letter will contain: a) a notice indicating that the elector must visit the Help Centre before voting, to provide their date of birth, should their date of birth be missing or incomplete on the Voter's List; b) the elector's PIN and the telephone number to call to cast his or her vote and the designated internet address (URL) to access to cast his or her vote using the Internet; c) dates and hours of voting; d) the telephone number of the Voter Help Desk e) the location of the Voter Help Centre; f) voter eligibility criteria; g) office and candidate information; and h) illegal and corrupt practices. A person cannot give his/her Voter Information Letter to another eligible elector for the purpose of voting. Acceptance of another person's Voter Information Letter including the actual voting thereof will be considered an illegal and corrupt practice and therefore subject to the penalty provision under the Municipal Elections Act, specifically Sections 89 and 90. Help Centre The Help Centre shall be established at the Municipal Office. During the Voting Period, the Help Centre will be open Monday to Friday, during regular office hours, and on Voting Day between the hours of 8:30 a.m. and 8:00 p.m. Touch-tone telephones, ipad kiosks and internet access is provided. Any telephone provided at the Help Centre shall delete any display options on the telephone. 28

76 The Voters' List shall be available to Election Officials at the Help Centre in electronic format to accommodate the voting process. The Help Centre shall be responsible for the following: a) Eligible voters who attend at the Help Centre and are not on the Voters' List will be able to be added to the list by filling out an "Application to Amend Voters' List" Form EL 15 and providing proof of identity and residence as prescribed in 0. Reg Their names will be added to the Voters' List and they will be assigned and delivered a Voter Information Letter containing a PIN; however, for additions made after the Voters' List has been transferred to the Service Provider, the Voter Information Letter containing a PIN will be provided to the individual. b) Where an eligible voter has received a notice on their Voter Information Letter that their date of birth is missing or incomplete, the voter can attend the Help Centre and provide their date of birth. The elector will be required to fill out an "Application to Amend Voters' List" Form EL 15 and provide proof of identity and residence as prescribed in 0. Reg. 304/13. c) Where an eligible voter has received an incorrect Voter PIN in terms of ward, if applicable, and/or school support, and has not already voted, the voter can attend the Help Centre and have the proper category applied to the existing PIN. The elector will be required to fill out an "Application to Amend Voters' List" Form EL 15 and provide proof of identity and residence as prescribed in 0. Reg. 304/13. d) Eligible voters who attend at the Help Centre will be able to request a "replacement" Voter Information Letter and PIN under certain circumstances: i. where a person on the Voters' List has lost/not received his or her Voter Information Letter and the PIN has not been used, he or she can attend the Help Centre and prove to the satisfaction of the authorized Election Official that they require a new PIN. Upon providing proof of identity and residence as prescribed in 0. Reg. 304/13 to an Election Official, an oath on "Application for Re-Issue of a Voter Information Letter (Lost and Unused)" Form LC42 shall be taken by the elector and a new Voter Information Letter containing a new PIN shall be issued. The new PIN shall replace the old PIN in the voting system. ii. where a person on the Voters' List has attempted to vote and their PIN has already been used, he or she can attend the Help Centre and prove to the satisfaction of the authorized Election Official that they did not vote the PIN and require a new PIN. Prior to issuing a new PIN, the Election Official shall confirm that the elector's PIN has been used and advise the elector that once the new PIN has been assigned, the elector must vote immediately at the Help Centre. Upon providing proof of identity and residence as prescribed in 0. Reg. 304/13 to an Election Official, an "Application for Re-Issue of a Voter Information Letter (Used by an Impersonator)" Form LC43 shall be taken by the elector and the elector's status shall be reset to allow a second vote. Furthermore, a new Voter Information Letter containing a new PIN shall be issued. The new PIN shall 29

77 replace the old PIN in the voting system. The elector will be directed immediately to the Help Centre where internet/telephone access is available to eliminate any further misuse of the PIN. Should the elector leave the Help Centre without voting the new PIN will be disabled. e) Answer election questions, and refer detailed questions to the Returning Officer or authorized Election Official. New PIN(s) shall not be given out over the telephone. The voter must attend the Help Centre with proof of identify and residence as prescribed in 0. Reg and complete the appropriate form. Notwithstanding the foregoing, a the Clerk's discretion a Voter Information Letter containing a new PIN may be distributed by mail or , provided the voter submits proof of identity and residence as prescribed in 0. Reg and the appropriate completed form by mail or . Candidates Module The candidates shall receive username(s) and password(s) allowing them to access the Candidates Module by September 30, 2018 to view the List of Electors. When using this authorization, candidates can connect into the Voting System and review elector list information to discern which electors have participated in the election. This capability does not provide the candidate information on how an elector has voted, it only provides information on whether or not they have participated in the election. Candidates may view this information anytime after the start of the Voting Period using the Candidates Module, until October 22, 2018 at 12:01 a.m. Voting The Voting Period shall span from Tuesday, October 9, 2018 at 10:00 a.m. to Monday, October 22, 2018 at 8:00 p.m. Prior to the activation of the system by the Service Provider, on October 9, 2018, the Clerk shall access the Voting System at the Municipal Office between 9:00 a.m. and 9:59 a.m. for the purposes of ensuring that all candidates' names are listed and that no votes have been cast. Candidates or their scrutineer may be present to verify and ensure that all candidates' names are listed and that no votes have been cast, and shall be required to sign the "Activation of Voting System" Form LC44 that attests to this fact. Eligible electors may telephone a designated toll-free number to cast their vote by using a cellular or land line, touch-tone telephone but not a rotary dial telephone. "Diga-pulse" telephones will be able to access the system providing the over-ride button on the telephone is set to a ''touch-tone" mode. Alternatively, eligible electors will be able to access a designated internet address and cast their vote(s). 30

78 Every eligible elector shall be limited to one ballot for all races and questions, for which they are entitled to vote, through the use of a PIN distributed by Canada Post Lettermail in a sealed and personalized Voter Information Letter. Every eligible elector shall be required to provide their year of birth along with their PIN. The Voting System will allow the eligible elector to vote using either a telephone and/or the internet. A voter must vote on all the races and questions at once by selecting candidate(s), yes/no, or by indicating "decline" if he/she wishes to do so. The voter cannot vote some of the races or questions and vote the remaining races or questions later. Once a voter has made a selection for each race or question, the Voting System shall indicate the voter's choice and shall allow the voter to either confirm their selection, and cast their vote, or return to the ballot to change their selection. If a voter is interrupted before casting their vote, they may re-commence voting later using the same method or the other method. Once a voter has cast the vote, that voter will not be granted access to internet/telephone voting again using that PIN. The Service Provider shall keep track of all electors who have voted. This does not provide information on how an elector has voted. The names of electors who have voted during the Voting Period will be provided to the Clerk electronically through the Voting System using the Clerk's assigned username and password. This report titled "Daily Voter Participation" will be created in an electronic file format suitable for electronic distribution and will only be done so under the control and direction of the Clerk. Electors Requiring Assistance (Section 52 (1) 4) The Election Official may permit an elector who needs assistance in voting to have such assistance as the Election Official considers necessary. Oral Oath to Vote With Assistance A voter who requires such assistance to vote may ask the Election Official for assistance. The Election Official shall require the voter making the request to take the Oral Oath to Vote With Assistance on the "Oral Oaths At Help Centre" Form LC24 and then vote as directed by the voter. Any other person present must withdraw until the voter finishes instructing the Election Official. Oral Oath of Friend of Elector In lieu of the Election Official voting for a voter, the voter may request that a friend accompany the voter into the voting booth and vote for the voter. Any friend who is permitted to vote shall be required to take the Oral Oath of Friend of Elector on the "Oral Oaths At Help Centre" Form LC24. No person shall be allowed to act as a friend of more than one voter at a Help Centre, except a voting place established under Section 45 (7). 31