Public Notice re Provision for Notice

PUBLIC NOTICE RE CONSIDERATION OF
PROCEDURES REGARDING THE
PROVISION OF NOTICE TO THE PUBLIC
BY-LAW #98-2007

Take notice that the Council of the Corporation of the Town of South Bruce Peninsula
will be considering a By-law to establish policies and procedures regarding the provision
of notice to the public.

Consideration of the By-law will take place at the December 10th Council meeting to be
held at 315 George Street Wiarton.

For further information contact: Rhonda Cook, Clerk
Town of South Bruce Peninsula
(519) 534-1400 ext. 121
THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA

BY-LAW NUMBER #98-2007

A By-law to Establish Policies and Procedures Regarding the
provision of notice to the public

WHEREAS Section 270 (1) (4) of the Municipal Act, 2001, as amended, requires the Council of a
Municipality to pass a by-law to adopt and maintain policies with respect to the circumstancces in
which the municipality shall provide notice to the public and, if notice is to be provided, the form,
manner and times notice shall be given.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
SOUTH BRUCE PENINSULA ENACTS AS FOLLOWS:

AND WHEREAS it is deemed expedient to adopt by by-law the policy regarding the circumstancces
in which the municipality shall provide notice to the public and, if notice is to be provided, the form,
manner and times notice shall be given, for the Corporation of the Town of South Bruce Peninsula.

NOW THEREFORE the Council of the Corporation of the Town of South Bruce Peninsula enacts
as follows:

1. That the Corporation of the Town of South Bruce Peninsula hereby adopts the policy with
respect to the circumstancces in which the municipality shall provide notice to the public and,
if notice is to be provided, the form, manner and times notice shall be given.
And that the policy be attached to this by-law as Schedule "A".

2. That a copy of the policy be placed in the Municipal Policy Manual.

3. That this By-law shall come into force and take effect on January 1, 2008.

READ a FIRST and SECOND time this 10th day of December, 2007.

_______________________MAYOR

_______________________CLERK

READ a THIRD time and FINALLY PASSED this 10th day of December, 2007.

_______________________MAYOR

_______________________CLERK

SCHEDULE "A" TO BY-LAW #98-2007
BEING A BY-LAW TO PROVIDE FOR NOTICE TO THE PUBLIC

The Municipal Act, 2001, as amended by Bill 130, Section 270(1) 4. requires that the
municipality adopt and maintain a policy with respect to the "circumstances in which the
municipality shall provide notice ot the public and if notice is to be provided, the form, manner
and times notice shall be given."

1. The requirement to give reasonable notice to the public shall be deemed to be fulfilled
upon completion of the actions dictated in this policy.

2. The manner and form of notice dictated in this policy shall be deemed minimum
requirements. Additional methods of giving notice may be undertaking at the discretion
of the Clerk.

3. For the purposes of this schedule the following definitions shall apply:

i) "Act" shall mean the Municipal Act, 2001 and regulations thereunder.

ii) "Chief Administrative Officer " shall mean the Chief Administrative Officer for
The Corporation of the Town of South Bruce Peninsula.

iii) "Clerk" shall mean the Clerk of The Corporation of the Town of South Bruce
Peninsula.

iv) "Newspaper" shall mean a printed publication in sheet form, intended for general
circulation, published regularly at intervals of not longer than a week, consisting
in great part of news of current events of general interest and sold to the public
and to regular subscribers.

v) "Notice" shall mean a written, printed, published, or posted notification or other
announcement or such notice as is otherwise provided by this Policy.

4. Notwithstanding the notice requirements set out in the schedule attached to this Policy,
Council may reduce or amend such requirements upon passage of a motion at a duly
called meeting of Council, provided the motion dictates an alternate method of giving
notice deemed by Council to be in a form and manner and timing adequate to the
circumstances.

5. If a matter arises, which in the opinion of the Chief Administrative Officer in
consultation with the Mayor, is considered to be of an urgent or time sensitive nature, or
which could affect the health or well being of the residents of the municipality, or if a
State of Emergency is declared, the notice requirements of this Policy may be waived and
the Clerk shall make his or her best efforts to provide as much notice as is reasonable
under the circumstances.
SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
34 Permanent Public Notice · Description of purpose of the proposed · Publish once at least two
Highway of intent to meeting weeks prior to meeting
Closing/ pass by-law · Legislative authority · Post on Town web site
Altering · Date/time/location of meeting · Post at Municipal Office
Procedures · Written comments and/or verbal
comments will be considered at the
public meeting
· Where to submit written comments
· Contact information
· Signed by Clerk or designate
n/a Controlled Public Notice · Description of purpose of the proposed · Publish once at least two
Access of intent to meeting weeks prior to meeting
Highway pass by-law · Date/time/location of meeting · Post on Town web site
Closure · Written comments and/or verbal · Post at Municipal Office
comments will be considered at the
public meeting
· Where to submit written comments
· Contact information
· Signed by Clerk or designate

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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
48 Change/ Public Notice · Description of purpose of the proposed · Publish once at least two
Naming of of intent to meeting weeks prior to meeting
Highway or pass by-law · Date/time/location of meeting · Post on Town web site
Private Road · Written comments and verbal · Post at Municipal Office
comments will be considered at the
public meeting
· Where to submit written comments
· Contact information
· Signed by Clerk or designate

82 Interruption or Reasonable · Explanation · Emergency or breakdown:
Reduction to Notice · Name/Title of contact at Municipal notice to affected properties
Utility Supply Office personally delivered as soon
as practicable
· Repair or extension: notice to
affected properties personally
delivered at least 24 hours
prior to commencement

110 Agreements Personal · Explanation · Written notice by the Clerk of
for Municipal Notice · Contact Information at Municipal the contents of By-law to:
Capital Office o assessment corporation
Facilities · Clerk's Name/Title o Clerk of any other
Notice of Tax municipality that would,
Exemption By- but for the by-law, have
law had authority to levy rates
on the assessment for the
land exempted by the By-
law; and
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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
110 Agreements o The secretary of any
Cont'd. for Municipal school board in the area of
Capital jurisdiction of the board
Facilities includes the land
Notice of Tax exempted by the By-law.
Exemption By-
law

173 Restructuring Notice of intent · Description of purpose of the proposed · Published once at least two
Proposal to pass a By- meeting weeks prior to meeting
law · Legislative authority · Posted on Town web site
· Date/time/location of meeting · Posted at Municipal Office
· Written comments and/or verbal · As per requirements
comments will be considered at the stipulated in the Municipal
public meeting Act, 2001, s. 173(3)
· Where to submit written comments
· Contact information
· Signed by Clerk or designate

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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
210 Business Notice of Public · Description of purpose of the proposed · Written notice to BIA Board
Improvement meeting and meeting and every person assessed in
Area Intention to · Legislative authority the existing and proposed BIA
(Establishing, Pass By-law · Date/time/location of meeting · Publish once at least two
Expanding, · Written comments and/or verbal weeks prior to holding public
Repealing) comments will be considered at the meeting
public meeting
· Where to submit written comments
· Contact information
· Signed by Clerk or designate

216 Dissolution of Notice of · Explanation · Prepaid mail to Board
Local Boards Intention to · Legislative authority Secretary at least two weeks
Pass By-law · Contact information prior to date upon which By-
· Signed by Clerk or designate law is considered by Council.

222 Establish Notice of · Description of purpose of the proposed · Published once two weeks
Wards Intention to meeting prior to meeting
Pass By-law · Legislative authority · Posted on Town web site
· Date/time/location of meeting · Publish Notice of Passage of
· Written comments and/or verbal By-law once within 15 days of
comments will be considered at the passage of By-law and posted
public meeting on Town website
· Where to submit written comments · Posted at Municipal Office
· Contact information · After 45 day appeal period file
· Signed by Clerk or designate notice within 15 days with
OMB

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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
238 Procedure By- Notice of · Description of purpose of the proposed · Published once at least two
law Intention to by-law weeks prior to meeting
Pass By-law · Legislative authority · Posted on Town web site
· Date/time/location of meeting · Posted at Municipal Office
· Written comments and verbal
comments will be considered at the
public meeting
· Where to submit written comments
· Contact information
· Signed by Clerk or designate
270 Sale of Land Public Notice · Description of purpose of the land sale · Publish once at least one week
Procedures · Legislative authority prior to selling or disposal of
· Contact information land
· Signed by Clerk or designate · Posted on Town web site prior
· Notice also to provide full description to selling land
of the purpose of the land sale, a legal · As per Real Property Disposal
description, municipal address and/or By-law
a key map which in the opinion of the
Clerk is sufficient to identify the lands
to be sold

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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
291 Adopt/Amend Public Notice · Description and purpose of proposed · Published once at least two
Budget meeting weeks prior to meeting
· Legislative authority · Post on Town web site two
· Date, time and location of meeting weeks prior to meeting
· Written and verbal comments will be · Post at Municipal office
considered at the meeting where By- · Where expenditure estimates
law is to be enacted approved in the budget have
· Where to submit written comments been subject to quotations or
· Contact Information tenders quoting an amount
· Signed by Clerk or designate greater than the estimated
expenditure for that item the
approval process set out under
the Town's Purchasing By-law
shall apply, and notice of such
amendment to the budget shall
be included in the report and
the printing of this item on the
Council and/or Committee
agenda with the notation
"BUDGET AMENDMENT", shall
constitute sufficient notice.
· Normal operating costs
incurred prior to the adoption
of the annual budget shall not
require notice and approval of
such expenditures shall be
deemed ratified upon the
adoption of the annual budget.

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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
295 Financial Public Notice · Copy of the audited financial · Post on Town website
Statement - statements · Post at Municipal Office
Publication · Contact information at Municipal
Office where documents can be
obtained
· Treasurer's Name/Title or designate

342 Tax on eligible Personal · Explanation · Notice sent at least 21 days
property and Service · Legislative Authority before any taxes shown on bill
notice of tax · Contact information at municipal are due
bill (tax Office · Post on Town website
installments) · Treasurer's Name/Title · Posted at Municipal Office

348 Determination · Explanation · Notice sent to every taxpayer
of Tax Status · Contact information at municipal who owes taxes from
Office preceding year
· Treasurer's Name/Title · Notice to include late payment
charges

357(6) Cancellation, · Explanation · On or before September of the
reduction, · Contact information at municipal year following the year in
refund of taxes Office which the application is
· Treasurer's Name/Title made, Council shall hold a
meeting at which all
applicants may make
representation to Council

· Applicants notified by mail at
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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
357(6) Cancellation, least two weeks prior to the
Cont'd. reduction, meeting
refund of taxes
· Within 14 days after decision,
Council to notify applicants of
decision and specify the last
day of appeal

358 Overcharges · Explanation · On or before September of the
Caused by a · Contact information at municipal year following the year in
Gross or Office which the application is
Manifest Error · Treasurer's Name/Title made, Council shall hold a
­ Notice meeting at which all
Requirements applicants may make
representation to Council
· Applicants notified by mail at
least two weeks prior to the
meeting

359(3) Increase of · Explanation · Council shall hold a meeting
(4) Taxes as a · Contact information at municipal at which the Treasurer and
Result of Any Office the person in respect of whom
Undercharge the application is made may
· Treasurer's Name/Title
Caused by a
make representation to
Gross or
Manifest Error ­ Council
Notice · Council shall notify the
Requirements parties of the meeting by mail
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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
359(3) Increase of sent at least 14 days before
(4) Taxes as a the meeting
Cont'd. Result of Any · Within 14 days of making its
Undercharge decision Council shall notify
Caused by a
the parties of the decision and
Gross or
Manifest Error ­ specify the last day for appeal
Notice
Requirements
359.1 Error of Taxes · Explanation · Council shall hold a meeting
(4) · Contact information at municipal with the Treasurer and the
Office person in respect of whom the
· Treasurer's Name/Title application is made may
make representation to
Council
· Council shall notify the
parties of the meeting by mail
sent 14 days before the
meeting

· Within 14 days of making its
decision, Council shall notify
the parties of the decision and
specify the last for appeal

400 (f) Fees and Prescribed by · As prescribed by Ontario Regulation · As prescribed by Ontario
Charges Regulation 581/06 Regulation 584/06
(Priority Lien · Posted on Town website
Status) · Posted at Municipal Office

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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
435 Power of Entry · Explanation · Notice given to occupier of
Exercised · Contact information at municipal land
Office · Notice given within
· Clerk's Name/Title reasonable time before power
of entry exercised
· Notice by personal service in
respect of room or place used
as personal dwelling
· Notice by person service or
prepaid mail or posting in
other circumstances

447.1 Closing · Explanation · Upon application of a
(3) Premises, · Contact information at municipal municipality, where activities
Public Office or circumstances constitute a
Nuisance · Treasurer's Name/Title public nuisance, the Superior
Notice Court of Justice may make an
Attorney Order that the premises be
General closed
· Municipality must give 15
days notice of its intention to
make an application to the
Attorney General
441(1) Collection of · Explanation · If any part of a fine for a
Unpaid · Contact information at municipal contravention of a licensing
Licensing Office By-law passed under this Act
Fines · M.L.E.O.'s Name/Title remains unpaid after the fine
becomes due and payable
under Section 6 of the
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SCHEDULE "A" TO POLICY RE NOTICE PROCEDURES

PROCEDURES FOR THE GIVING OF NOTICE ­ The Municipal Act, 2001 (as revised by Bill 130)

Section Topic Type of Form ­ Notice to Include Manner and Timing
Notice
Required
441(1) Collection of Provincial Offences Act the
Cont'd. Unpaid authorized officer may give
Licensing the person against whom the
Fines fine was imposed a written
notice specifying the amount
of the fine payable and the
final date on which it is
payable, which shall not be
less than 21 days after the
date of the notice

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