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Some candidates running for election to Miramichi city council are using the city logo on their elections signs without permission.

Enlarge Photo

Darcey McLaughlin photo

The city has not given permission for Miramichi’s logo to appear on election signs.

Candidates Loreen Mc- Grath, Hubert Sweezey, Chris Allison and Robert Trevors are all using the official city logo on their signs.

City clerk Jim Lamkey says they are doing this without approval from the city.

“We prefer people not to use the city logo. It’s not a good idea. We don’t allow people to use it,” he said.

He said one candidate asked for permission to use the logo and was turned down.

“... They were told no...nobody else has asked.”

While the city has not applied to trademark the logo, under Canadian law, copyright comes into existence immediately when intellectual property is created and the copyright owner — in this case the city — must be asked for permission if someone wants to use the logo.

The copyright owner can then give or restrict use of the intellectual property as it sees fit.

But while use of the logo without permission constitutes a copyright violation, it does not violate the elections act, said Elections New Brunswick spokesman Paul Harpelle.

“There’s nothing within the municipal voting act that dictates what they can or cannot put on the signs,” he said.

He said Elections New Brunswick had received a complaint that a candidate in Oromocto was using the “Welcome to Oromocto” sign in a pamphlet, but there is nothing in the elections act preventing a candidate from doing that.

“If the Town of Oromocto has a problem with it, then they might have an issue,” he said.

In addition to the use of the logo, Lamkey said, signs are also not allowed on city property without permission. The city owns the land 10 metres (33 feet) from either side of any road back to the curb and beyond. This means that usually the front part of most lawns in the city belong to the city — and this is often where signs are placed. It is also usually where utility poles are placed.

Candidates are also hanging signs on those utility poles, which is frowned upon.

Last month, NB Power and Aliant sent a letter asking candidates not to place signs on utility poles.

In the letter, the utilities said the signs are a hazard for workers climbing the poles for maintenance purposes. The letter also said staples that remain long after the election is over can cause workers to lose their footing.

The can also cause the poles to degrade faster, increasing expenses because of the need to replace them more often.

Lamkey said it is too late to do anything about it now, but the city will take steps next time to make sure candidates are aware of the rules, including the use of the city logo.

“Probably before the next election we’d send some kind of an information brochure to the elections office saying, ‘This is the position of the city of Miramichi,’” he said.