ELECTION PROCEDURES BYLAW NO. 989, 2018 – PROPOSED AMENDMENTS: ELECTION SIGNS AND LOGO USAGE

TOWN OF VIEW ROYAL FINANCE & ADMINISTRATION REPORT

TO: Committee of the Whole DATE: April 5, 2022 FROM: Sarah Jones, Dir. of Corp. Admin. MEETING DATE: April 12, 2022 E. Bolster, Deputy Corporate Officer

ELECTION PROCEDURES BYLAW NO. 989, 2018 – PROPOSED AMENDMENTS: ELECTION SIGNS AND LOGO USAGE

RECOMMENDATION:

THAT Council receive the Director of Corporate Administration/Deputy Corporate Officer’s April 5, 2022 report entitled “Election Procedures Bylaw No. 989, 2018 – Proposed Amendments: Elections Signs and Logo Usage”.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DEPUTY DIRECTOR OF ENGINEERING’S COMMENTS:

I concur with the recommendation.

FIRE CHIEF’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To introduce amendments to both Election Procedures Bylaw 989, 2018 and Sign Bylaw No. 950. 2018 (to reflect the changes proposed to the Election Procedures Bylaw).

TIME CRITICAL:

Based on the Local Government Act (section 56), any election sign-related bylaw must be adopted by July 4, 2022 in order to apply to the October 2022 general local election.

BACKGROUND:

Based on a 2019 post-election report, the Committee of the Whole considered a report in February 2021 that reviewed options for election signage requirements and limitations on the use of the Town’s logo (see Attachment “A”).

Specific to election signs, members discussed a wide range of options that explored the siting, size, number per candidate, and use of plastics for campaign signs with a view to addressing concerns including, but not limited to safety/sightlines, infrastructure damage, and both visual and environmental pollution. Members also discussed formalizing protection of the Town’s recently registered logo at the Canadian Intellectual Property Office.

After discussing the options, the Committee expressed interest in taking a measured approach that would establish sign zones with a limit on the number, size and height of signs. The Committee also noted the importance of including safety provisions, protecting the Town’s medians, and allowing private property owners to continue to have election signs on their property as they see fit. Clarification around the use of the Town’s logo in campaign material was discussed.

DISCUSSION:

The draft amendment bylaw provided as Attachment “B” to this report reflects the Committee’s input from that February 2021 meeting. The draft bylaw proposes a balance as it creates sign zones and sign size limits to reduce visual pollution/ distractions; permits private property owners to still have election signs; and adds provisions for increased safety. Input from the Fire Chief, the Deputy Director of Engineering, and the former Director of Engineering was sought in ascertaining the distances included in the draft bylaw as well as in confirming the locations and extent of sign zones.

It should be noted that three possible sign locations have been omitted at this time due to planned and current construction projects: both Island Highway at Atkins Road and Island Highway at Dukrill Road will be impacted by the BC Transit RapidBus project on Island Highway in the coming months and the frontage near 2401 Watkiss Way is impacted by the handyDART facility project presently. These areas can be considered after the completion of construction with a view to determining whether a further amendment to the Bylaw is appropriate to expand the sign zones.

In preparing the amendment bylaw, it was noted that language in Sign Bylaw No. 950, 2018 should be changed to reflect the proposed new language. Accordingly, Attachment “C” is a draft amendment bylaw to make a minor change to the Town’s Sign Bylaw to ensure congruency.

With respect to the Town’s logo, staff followed through on the discussion from the February 2021 meeting and reviewed what other municipalities permit with respect to logo usage. Staff can confirm that no jurisdictions allow unauthorized use of their logo or other similar representations (such as their coat of arms or a stylized, similar looking logo – for example sailboats or sails in View Royal) and do not authorize logo use for political campaigns. Some municipalities incorporate specific language about logo use into their communications policy such as the City of Courtenay: “The City of Courtenay’s logo is the official symbol of the community and is to be used on all City of Courtenay materials. It is to be used for official business only and not for personal or political purposes”.

Municipalities have noted that the logo is its brand or visual identity, and like a personal signature, it serves as formal insignia with its use reserved for official municipal business such as for official notices, documents/correspondence, resolutions, official proclamations, permits, licences, promotional materials, and advertising. The Town’s logo was registered on July 15, 2020 with the Canadian Intellectual Property Office (Innovation, Science and Economic Development Canada) and the Town’s Code of Conduct reinforces use of the logo for municipal purposes only and not for campaign purposes.

In summary, a municipal logo is considered the official general identifier for a local government and use of the logo or its likeness/elements from it in campaign materials or on election signs could create voter confusion as there may be some who interpret the imagery as an endorsement from the municipality. As such, it is proposed that information about not using the Town’s logo or its likeness/elements from it in campaign materials or election signs continue to form part of the Nomination Package and that language similar to what many other municipalities use be included in the Election Procedures Bylaw. Accordingly, the draft bylaw contains the following clause adapted from the Cities of Coquitlam and Prince George: “Other than as authorized in writing by the Town, no person shall embed or place on any election sign or other election advertising a logo, trademark or official mark, in whole or in part, owned or licensed by the Town.”

Should the recommended bylaw amendments proceed through readings, updated information will be prepared for continued distribution in the Town’s nomination package for municipal candidates. Candidates for federal, provincial, and school board elections, as well as any elector organizations and third-party sponsors, will also continue to be provided with the Town’s election sign information once contact information is known. This is key to ensure that all are aware of timelines, siting and safety provisions, invoicing for damages to municipal infrastructure, as well as who to contact should they have questions.

As well, an accompanying schedule will be developed for an amendment to the Municipal Ticket Information Bylaw though it is anticipated that the on-going provision of information about the Town’s practices, though potentially changing somewhat with the introduction of sign zones, will continue to be met with the graciousness and respect for the community from candidates generally experienced to date.

CONCLUSION:

There are many aspects to consider with election signs – location, size, height, number, and safety. Council input from the 2021 discussion about election sign options and these aspects have now been incorporated into the draft amendment bylaw for consideration.

With respect to the logo, the use continues to be protected and incorporation of language into the bylaw is in keeping both with the Town’s Code of Conduct and best practices followed by other municipalities.