NEUTRALIY BYLAW & PEBLISCITE INFORMATION
The Neutral Space Bylaw 08-2024 is not yet in effect. Council has passed first reading of this bylaw and has decided that it is best left in the hands of Town of Barrhead residents to vote on whether or not it should pass and be enacted.
What is the Neutral Space Bylaw?
The Neutral Space Bylaw 08-2024 ensures that crosswalks within the Town of Barrhead, and flags on flagpoles at Town of Barrhead facilities and public buildings remain neutral. This means that decorative, political, social, religious, or commercial symbols or flags are not allowed on flagpoles in these spaces.
Why was the Neutral Space Bylaw written?
Earlier in 2024, Council passed a decorative crosswalk policy; however, a portion of the community does not feel these representations are necessary on our crosswalks and worked to garner enough signatures to present administration with a valid petition, as defined by the Municipal Government Act, demanding that a bylaw be created ensuring public buildings, crosswalks and flags on public property remain neutral, adhering to the following:
- Crosswalks will only be painted in standard white striped pattern ("continental" or "ladder") between two parallel lines.
- Only national flags, provincial flag of Alberta, or Town of Barrhead flags are raised on Town of Barrhead owned flagpoles on public property or facilities.
- No grandfathering of any existing crosswalks or flags that contravene the bylaw.
- There will be no decorations on Town crosswalks or displaying of flags supporting political, social, or religious movements or commercial entities.
The petition received was validated by the CAO, in compliance with the requirements of the Municipal Government Act. Council accepted that report on September 3, 2024. A petition is considered valid when signed by at least 10% of the population.
Under the Municipal Government Act, when a valid petition is presented, as in this case, the municipality is legally required to draft a bylaw, pass first reading, and either enact the bylaw or hold a plebiscite to let the public decide. Council has opted to let the Town residents vote on whether or not Council will pass this bylaw. As a government body, we are bound by these rules and must respect the democratic process.
Click here for information about voting on December 2, or at any of our advanced polls.
What does this mean for the Town of Barrhead?
The Neutral Space Bylaw 08-2024 has been written to meet the requirements of the valid petition. This means that political, social, or religious symbols are not allowed to be represented on crosswalks or municipally owned flagpoles. Other public spaces, such as parks or street corners, are not covered by the current bylaw. All flagpoles in Town of Barrhead owned public buildings must comply with these neutrality guidelines.
Below is an overview of how this bylaw affects various events, displays, and movements we are accustomed to seeing and experiencing in the Town of Barrhead.
Updated October 24, 2024, 8:56 pm
TOWN FLAGPOLES AND CROSSWALKS
Indigenous Flags, Legion Flags, County of Barrhead Flags
- Restricted. Only national flags, the provincial flag of Alberta, and Town of Barrhead flags are permitted to be flown on flagpoles on Town of Barrhead public property and facilities. Indigenous, Legion, and County of Barrhead flags are not allowed.
International Flags
- Permitted. Section 3.3 of the Bylaw states, "Only national flags, the provincial flag of Alberta, or Town of Barrhead flags are to be raised on flagpoles on Public Property or facilities." This means that flags from any nation are permitted to be flown on Town-owned flagpoles.
Existing 2SLGBTQIA+ and Disability Pride Crosswalks
- Restricted. Crosswalks are limited to the standard white-striped "Continental" or "Ladder" patterns. No decorations or symbolic crosswalks, such as 2SLGBTQIA+ or Disability Pride designs, will be permitted.
Painted Crosswalks for a Cause
- Restricted. Crosswalks are limited to the standard white-striped patterns, and no painted crosswalks for causes will be permitted.
Religious Groups on Street Corners
- Permitted. The bylaw does not cover street corners or open public areas. Any group gathering on street corners are allowed to hand out information pamphlets under the Canadian Charter of Rights and Freedoms.
SEASONAL AND COMMUNITY EVENTS
Pumpkin Walk, Santa Skate, Polar Parade, Street Festival
- Permitted. These community-oriented events are allowed to continue as the bylaw pertains to only crosswalks and municipal flagpoles on town-owned public property and facilities.*
Indigenous Days in Public Facilities
- Permitted. Indigenous Days can occur in parks and Town-owned facilities as this bylaw pertains to municipal flagpoles and crosswalks on Town-owned public property and facilities.*
*Please note: As always, events and displays must be approved through a Special Event Application process.
USE OF PUBLIC BUILDINGS & FACILITIES
Commercial Entities Renting Public Buildings
- Permitted. Commercial entities are allowed to rent public buildings, as this bylaw pertains to crosswalks and municipal flagpoles on Town-owned public property and facilities.
Local Church Events at the All-Wheel Park or any other Town Park
- Permitted. Since the bylaw does not explicitly apply to public parks, church events in these spaces may be permitted, as long as they do not use municipally owned flagpoles on public buildings or facilities or decorate crosswalks for religious promotion. Use of public spaces for expression of beliefs and opinions also falls under the Canadian Charter of Rights & Freedoms; however, appropriate event permits and insurance is required when hosting public events on municipal property*
*Please note: As always, events and displays must be approved under a Special Event Application process.
Updated October 23, 2024, 8:57 pm
PUBLIC DISPLAYS
Nativity Scene at the Gazebo
- Permitted. While the neutrality bylaw restricts religious displays on crosswalks and municipally owned flagpoles, the gazebo is considered an open-air structure on public property and is not explicitly covered by the bylaw's restrictions on religious symbols. Therefore, nativity scene at the gazebo may still be allowed.
Pro-Life and other Cause-based Displays in Town Parks, Roadways, and Walkways
- Permitted. Since the bylaw focuses on crosswalks and flags on Town-owned public property, other spaces like parks are not explicitly included. Therefore, pro-life displays or similar events may still be allowed in parks and other Town property not identified in this bylaw. Keep in mind that freedom of conscience and religion, freedom of thought, belief, opinion and expression, freedom of peaceful assembly, and freedom of association are all allowed under the Canadian Charter of Rights and Freedoms under reasonable limits. Municipal bylaws cannot supersede this Charter.*
Public Displays in Town Buildings
- Permitted. Displays representing political, social, or religious movements are allowed town buildings as the bylaw pertains to crosswalks and municipal flagpoles on Town-owned public property and facilities.*
*Please note: As always, events and displays must be approved through a Special Event Application process.
ADVERTISING & SPONSORSHIP IN PUBLIC FACILITIES
Commercial Entities Advertising in the Agrena Rink
- Permitted. Advertising from commercial entities will be allowed as the bylaw pertains to crosswalks and municipal flagpoles on Town-owned public property and facilities.
Sports Championship Banners in the Agrena
- Permitted. Sports championship banners celebrating athletic achievements are allowed, as they are considered non-political, community-oriented and are not erected on flag poles.