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By-law No. 2022-027
Election Sign By-law
Table of Contents
Part I. Short Title, Purpose and Scope ............................................................. 1
Short Title ............................................................................................ 1
Purpose ................................................................................................ 1
Scope .................................................................................................. 1
Part II. Interpretation ..................................................................................... 2
Headings .............................................................................................. 2
References to Applicable Law ................................................................... 2
Definitions ............................................................................................ 2
Part III. General.............................................................................................. 4
Public Property ...................................................................................... 4
Private Property ..................................................................................... 4
Sign Maintenance .................................................................................. 5
Timing ................................................................................................. 5
Use of City Logo, Crest, Seal ................................................................... 5
Flashing, Moving or Mechanical signs ........................................................ 5
Mounting signs ...................................................................................... 6
Emergency access.................................................................................. 6
Voting places and Election Centres ........................................................... 6
Removal/Damage to Election Campaign Signs ............................................ 6
Liability for damages .............................................................................. 6
Part IV. Special Provisions for Third Party Advertisers .................................... 6
Registration .......................................................................................... 6
Required information .............................................................................. 6
Part V. Enforcement and Penalty ..................................................................... 7
Enforcement ......................................................................................... 7
Penalty ................................................................................................ 7
Part VI. Conflict and Transition ....................................................................... 7
Conflict ................................................................................................ 7
Terms Severable .................................................................................... 7
Enactment ............................................................................................ 7
Consolidated Version
Revised on May 12, 2026
Revision History:
Passed On:
Description of
amendment
2022-027 (Original)
March 14, 2022
-
2025-112
October 6, 2025
Amend Election Centre;
add candidates must be
running in OS; adjust
sign height
2026-051
May 11, 2026
amend s. 14 to change
time for advertising
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and
information. While every effort is made to ensure the accuracy of this by-law, it is
not an official version or a legal document. The original by-law should be consulted
for all interpretations and applications on this subject. For more information or to
view by-laws please contact the Clerks Department.
The Corporation of the City of Owen Sound
By-law No. 2022-027
A By-law to regulate the use of Election Campaign Signs
WHEREAS subsection 5(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the
"Municipal Act") requires that the powers of a municipality be exercised by its
Council and subsection 5(3) of the Municipal Act requires that such powers be
exercised by by-law including a capacity, right, power and privilege under
section 9 unless specifically authorized to do otherwise; and
WHEREAS subsection 11(3) of the Municipal Act states that a municipality may
pass by-laws respecting structures including signs; and
WHEREAS section 425 of the Municipal Act establishes that any person who
contravenes any by-law of the municipality, passed under the Act, is guilty of an
offence;
WHEREAS on January 13, 2014, the Council of the Corporation of the City of
Owen Sound (the "City") passed By-law No. 2014-001 with respect to the
regulations of signs in the City of Owen Sound; and
WHEREAS City Council deems it expedient to remove regulations for election
campaign signs from Sign By-law No. 2014-001 and pass a by-law that
specifically regulates election campaign signs; and
WHEREAS on February 14, 2022, City Council passed Resolution R-220214-016
directing staff to bring forward this by-law for enactment, in consideration of
staff report CR-22-001, presented to the Corporate Services Committee on
January 27, 2022; and
WHEREAS on February 22, 2022, public notice was given respecting the
enactment of the subject by-law in accordance with Notice By-law No. 2018-
014;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Short Title, Purpose and Scope
Short Title
1.
This by-law shall be known as the "Election Sign By-law".
Purpose
2.
This by-law has been enacted to regulate the placement of election
campaign signs for the purpose of preventing hazards to vehicles and
pedestrians and further to regulate the erection and removal of election
campaign signs.
Scope
3.
This by-law shall apply to:
a.
all regular municipal, provincial, federal and school board elections,
including any by-election; and
b.
candidates, third party advertisers and all other persons erecting
election campaign signs.
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By-law No. 2022-027
4.
This by-law shall not apply to:
a.
signs erected by the City or the provincial or federal governments to
provide information concerning an election or by-election or any part
of an election or by-election process;
b.
campaign office election signs, which signs are regulated by the
City's Sign By-law; and
c.
non-election related signs, which signs are regulated by the City's
Sign By-law.
Part II. Interpretation
Headings
5.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and shall not affect interpretation of the by-law.
References to Applicable Law
6.
All references to applicable law are ambulatory and apply as amended
from time to time.
Definitions
7.
For the purposes of this by-law:
"Campaign office" means a building or structure, or part of a building or
structure, used by a candidate or an agent of a candidate or by a third
party advertiser or an agent of a third party advertiser as part of an
election campaign and where a candidate's or third party advertiser's
campaign staff is normally present and the public may enter to obtain
information regarding the candidate or third party advertiser;
"Campaign office election sign" means any sign erected on a campaign
office which only displays the name of a candidate in a municipal election,
or the name of a candidate and/or the name and/or logo of a political party
in a federal or provincial election, or the name of a third party advertiser in
a municipal election, and the location of a candidate's or registered third
party's campaign office, and contains no other message;
"Candidate" means a person officially nominated as a candidate in an
election, or their authorized agent;
"City" means the City of Owen Sound and a reference to the City is a
reference to the geographical area of the City of Owen Sound or to The
Corporation of the City of Owen Sound as the context requires;
"Election campaign sign" means an advertising device which, by the use
of words, pictures or graphics or any combination thereof, is intended to
promote, oppose or take a position with respect to:
a.
any candidate or political party in an election under the Canada
Elections Act, the Election Act (Ontario) or the Municipal Elections
Act, 1996;
b.
an issue associated with a person or political party in an election
under the Canada Elections Act, the Election Act (Ontario) or the
Municipal Elections Act, 1996; or
c.
a question, law or by-law submitted to the electors under the Canada
Elections Act, the Election Act (Ontario) or the Municipal Elections
Act, 1996;
but does not include election campaign office signage, which is
regulated by the City's Sign By-law in effect from time to time.
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By-law No. 2022-027
"Election Centre" means a place designated by the City Clerk where an
elector can receive election services, including but not limited to amending
the Voters' List, asking questions about the election and accessing the
internet to vote and shall include the entire building and the property
associated with it and, when such election centre is located within a private
premises, it shall additionally include all of the common elements;
"Erect" means to attach, install, place, build, construct, reconstruct, move,
display or affix;
"Good Repair" means in such a condition so as to be free from potential
of accident or fire or other hazard, structurally sound, in good working
order, capable of carrying out its intended function, and not unsightly by
reason of deterioration, damage or defacement;
"Illuminated sign" means a sign that is lit from within or by an external
light source focused chiefly on the sign;
"Officer" means a Police Officer, By-law Enforcement Officer, Municipal
Law Enforcement Officer or any person appointed by the City to enforce
this by-law;
"Municipal Act, 2001" means the Municipal Act, 2001, SO 2001, c. 25;
and
"Person" means any individual, association, firm, partnership,
incorporated company, corporation, agent or trustee, and the heirs,
executors or legal representatives of a person to whom the context can
apply according to the law;
"Provincial Offences Act" means the Provincial Offences Act, RSO 1990,
c. P.33.
"Public Property" means property owned by or under the control of the
City, any of its agencies, local boards or commissions, including highways
and streets, and shall be deemed to include public utilities facilities,
regardless of whether the public utility poles are owned by or under the
control of the City and shall also be deemed to include, buses, bus
shelters, benches, municipal garbage containers or other structures
located on a Street regardless of whether the shelters, containers or
structures are owned by the City. Property owned by the City and leased
to another person shall not be deemed to be public property;
"Roadway" means the part of the road allowance that is improved,
designed or ordinarily used for vehicular traffic;
"Road allowance" means the portion of a road that is not ordinarily used
for vehicular traffic such as the shoulder, roadside ditch and/or boulevard;
"Sight triangle" means a triangular area free of buildings or structures or
other visual obstructions and formed within a corner lot by the intersection
of street lines, or the projections thereof, and a straight line connecting
them 5.0 metres from their point of intersection. A corner lot is a lot
situated at the intersection of and abutting two streets, or parts of the
same street, the adjacent sides of which street or streets (or in the case of
a curved corner, the tangents of which) contain an angle of not more than
135 degrees;
"Sign owner" means the candidate or third party advertiser having the
use or major benefit of the sign;
"Third party advertiser" means an individual, corporation or trade union
registered to spend money advertising or campaigning in support or
opposition to a candidate or question on the ballot;
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By-law No. 2022-027
"Voting day" means the day on which the final vote is to be taken in an
election or by-election;
"Voting period" means the period of time in which citizens are able to
cast ballots; and
"Voting place" means the entire building where citizens will cast ballots
and shall include the entire property associated with the building and,
when such voting place is located within a private premises, it shall
additionally mean all of the common elements.
Part III. General
Public Property
8.
No person shall erect, cause or permit to be erected an election campaign
sign, in or on any public property that is not a road allowance.
8.1
No person shall erect, cause, or permit to be erected an election campaign
sign for a candidate that is not eligible for election in the City of Owen
Sound.
9.
Notwithstanding section 8 above, no person shall erect, cause or permit to
be erected an election campaign sign on a road allowance that abuts
Greenwood Cemetery or that abuts public property dedicated to military
veterans, including but not limited to the Cenotaph, Jervis Bay Park and
Corporal Robert T. James Mitchell Park.
10.
No person shall erect, cause or permit to be erected an election campaign
sign on a road allowance, except for an election campaign sign that:
a.
is a single- or double-faced sign which is mounted on one or more
poles or a steel or metal frame with a base intended to be pushed
into the ground;
b.
has dimensions that are not more than 1.5 m2;
c.
is placed with a height, including the mounts, of 1.22 metres or less
from the ground;
d.
has no part of the sign within:
i.
2.0 metres from the travelled portion of a municipal roadway
including the shoulder;
ii.
0.5 metres of a sidewalk;
iii.
5.0 metres of a driveway, measured from the nearest edge of
the driveway;
iv.
5.0 metres of an intersecting road, measured from the nearest
edge of the shoulder or the roadway if there is no shoulder;
v.
3.0 metres of any fire hydrant; or
vi.
a sight triangle.
e.
is one of not more than two permitted election campaign signs
advertising the same person or their political party or position on a
question, law or by-law, for each side of a City road between two
consecutive intersecting roads.
Private Property
11.
No person shall erect, cause or permit to be erected an election campaign
sign on private property without the owner's consent.
12.
No person shall erect, cause or permit to be erected an election campaign
sign on private property except for a campaign sign that:
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By-law No. 2022-027
a.
has dimensions that are not more than 1.5 m2;
b.
is placed with a height, including mounts, of 1.22 metres or less
from the ground;
c.
does not, in the opinion of the officer, cause or have the potential to
cause a health and safety risk, including but not limited to an
election campaign sign that:
i.
obstructs, impedes or interferes with any fire escape, fire exit
door, window, skylight, flue, air intake or exhaust, or any
means of access by a firefighter to any part of a building or fire
hydrant;
ii.
impedes, hinders or prevents parking by vehicles on private
property;
iii.
impedes or obstructs the passage of pedestrians where they
are reasonably expected to walk;
iv.
interferes with the safe operation of vehicular traffic or the
safety of pedestrians, including the visibility of warning devices
and traffic signals; or
v.
impedes or obstructs City maintenance operations.
Sign Maintenance
13.
Every sign owner shall maintain their election campaign signs such that
their election campaign signs remain in a state of good repair.
Timing
14.
Every candidate, or their agent, third party advertiser or any other person
shall only erect an election campaign sign or permit or cause an election
campaign sign to be erected:
a.
In a municipal or school board election beginning:
i.
the day after nominations are certified pursuant to the
Municipal Elections Act, 1996; or
ii.
immediately after a third party advertiser is registered
pursuant to the Municipal Elections Act, 1996; or
b.
in a provincial or federal election or by-election beginning
immediately after the issuance of the writ.
15.
No candidate, or their agent, third party advertiser or any other person
shall allow an election campaign sign to remain erected longer than
seventy-two (72) hours following voting day.
Use of City Logo, Crest, Seal
16.
No person shall use or display the City logo, crest or seal in whole or in
part on any election campaign sign.
Flashing, Moving or Mechanical signs
17.
No person shall erect, cause or permit to be erected, an election campaign
sign that incorporates in any manner:
a.
flashing or moving illumination which varies in intensity, or which
varies in colour;
b.
moving parts or visible mechanical movement of any description; or
c.
an electronic message display as defined in the City's Sign By-law.
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By-law No. 2022-027
Mounting signs
18.
No person shall at any time nail or otherwise attach an election campaign
sign or cause an election campaign sign to be nailed, or otherwise
attached, to or upon anything located on a road allowance including but
not limited to utility poles, light poles, utility boxes, trees, planters,
benches, waste receptacles, newspaper boxes, mailboxes or other similar
fixtures.
Emergency access
19.
No person shall erect, cause or permit to be erected an election campaign
sign that may obstruct or impede any emergency fire routes or escape
routes or impede free access of emergency vehicles.
Voting places and Election Centres
20.
No person shall at any time during the voting period, including voting day
and those days when advance voting is held, erect, cause or permit to be
erected an election campaign sign at a voting place or election centre.
Removal/Damage to Election Campaign Signs
21.
No person shall deface, remove or willfully cause damage to a lawfully
erected election campaign sign.
22.
When an officer has reasonable and probable grounds to believe that a
campaign sign has been erected, caused or permitted to be erected, in a
manner that contravenes any provision of this by-law, the officer may
cause the election campaign sign to be removed without prior notice or
compensation.
23.
Election campaign signs that, in the opinion of an officer, pose a risk to the
health and safety of pedestrians, cyclists or motorists shall be removed by
an officer without prior notice or compensation.
24.
The City may destroy any election campaign sign that has been removed
and is not claimed and retrieved within five (5) days of notice to the sign
owner, without compensation to the sign owner.
Liability for damages
25.
The City shall not be liable for any damage or loss of an election campaign
sign that was displayed in accordance with this by-law or that was
removed by an officer of the City.
26.
The provisions of this by-law shall not be construed as relieving or limiting
the responsibility or liability of any person erecting or owning an election
campaign sign for personal injury or property damage resulting from the
erecting of such election campaign sign or resulting from the negligence or
wilful acts or such person, or their agents or employees, in the
construction, erection, maintenance, repair or removal of such election
campaign sign.
Part IV. Special Provisions for Third Party Advertisers
Registration
27.
A third party advertiser must be registered with the City Clerk prior to
erecting any election campaign signs.
Required information
28.
Signs erected by third party advertisers or their agents shall contain valid
and up-to-date contact information, including:
a.
the name of the third party advertiser;
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By-law No. 2022-027
b.
the municipality where the third party advertiser is registered; and
c.
a telephone number, mailing address or email address at which the
third party advertiser may be contacted.
29.
The information required in section 28 above shall be provided with a
minimum font size of twenty-four (24) points.
Part V. Enforcement and Penalty
Enforcement
30.
Any officer is hereby vested with the authority of administering and
enforcing the provisions of this by-law.
Penalty
31.
Every person who contravenes any provision of this by-law is guilty of an
offence and, upon conviction, is liable to a fine as provided for in the
Provincial Offences Act.
32.
Fines shall be issued under this by-law on a per sign basis and each sign
erected in contravention of any provision of this by-law shall be fined as an
individual and separate offence.
33.
No person shall hinder or obstruct, or attempt to hinder or obstruct, an
officer who is exercising a power or performing a duty under the Municipal
Act, 2001 or under a by-law passed under the Municipal Act, 2001.
Part VI. Conflict and Transition
Conflict
34.
In the event the provisions of this by-law are inconsistent with the
provisions of the Municipal Act, 2001, its regulations or any other act, the
provisions of the act or regulation shall prevail.
Terms Severable
35.
The terms and provisions of this by-law shall be severable and should any
term or provision be found by a court of competent jurisdiction to be
legally unenforceable, inoperative or invalid, the remainder of the by-law
shall continue to be in full force and effect.
Enactment
36.
This by-law shall come into full force and effect on the date it is passed at
which time all by-laws, policies and resolutions that are inconsistent with
the provisions of this by-law are hereby repealed insofar as it is necessary
to give effect to the provisions of this by-law.
FINALLY PASSED AND ENACTED this 14th day of March, 2022.
signature on file
Mayor Ian C. Boddy
signature on file
Briana M. Bloomfield, City Clerk