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HomeMy WebLinkAboutADM 100 Public Notice Policy Policy Policy Title: Public Notice Policy Policy Number ADM 100 Reference ADM 280 Advertising Standards Policy Resolution #106/02 Resolution #574/24 Bill 46 Protect Ontario by Cutting Red Tape Act, 2025 Date Originated (m/d/y) July 28, 2003 Date Revised (m/d/y) December 2007 September 2024 January 2026 Pages 13 Approval: Chief Administrative Officer Point of Contact Legislative Coordinator/City Clerk Policy Objective Section 270(1)(4) of the Municipal Act, 2001 (the “Act”), requires a municipality to adopt and maintain a policy with respect to the circumstances 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. This policy is to establish Public Notice provisions for matters directly affecting the Public that are prescribed by legislation or deemed by the City of Pickering to warrant Public Notice. The objective of this policy is to: 1. Ensure transparent government communications which promote public participation. 2. Ensure citizens are aware of what, when and where the business of the municipality is being discussed. 3. Provide accurate and timely Notice to the public in general. 4. Ensure the notification process is consistent. 5. Ensure all Notices Published by the City are issued in an effective and relevant medium. Index 01 Definitions 02 Circumstances 03 Notice Content 04 Process for Providing Notice 05 Exceptions Policy Title: Public Notice Policy Page 2 of 14 Policy Number: ADM 100 06 Statutory Notice - Matters under Parts IV and V of the Ontario Heritage Act 07 Responsibilities 08 General 09 Emergency Provisions 01 Definitions 01.01 City Clerk – means the City Clerk of the City of Pickering or their designate. 01.02 Emergency – means an unexpected matter that may arise which is considered to be of an urgent or time sensitive nature or which could affect the health or well-being of the residents and may prevent the City of Pickering from providing the standard Public Notice. Emergency does not mean an Emergency as defined in and governed by the Emergency Management Act, R.S.O. 1990, c.E.9. 01.03 Newspaper – means a document that is printed in sheet form, Published at regular intervals of a week or less and circulated to the general public, and consists primarily of news of current events of general interest as defined in the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F. 01.04 Notice – means a written, printed, Published, or posted notification or announcement. 01.05 Published – to make generally known and released for public distribution in a manner that, in the opinion of the City Clerk, has such circulation within the City of Pickering as to provide reasonable Notice to those affected, and “Publication” has a corresponding meaning. 01.06 Public Notice or Notice to the Public – means Notice given to the Public generally but does not include Notice given only to specified individuals. 01.07 Website – City of Pickering corporate Website, pickering.ca, and the dedicated section that provides links to Public Notices. 01.08 Social Media – means a category of online spaces that are based on user participation and user-generated content including but not limited to social networking sites such as LinkedIn, Facebook, YouTube, and Instagram. 02 Circumstances 02.01 The Municipality shall give Public Notice under the following circumstances: a) Where the giving of Public Notice is required by a provincial or federal statute, or regulation as outlined in Appendix 1; or, b) Where, in the opinion of staff, the matter is of sufficient public interest to warrant the giving of Public Notice. Policy Title: Public Notice Policy Page 3 of 14 Policy Number: ADM 100 02.02 When determining whether a matter is of sufficient public interest to warrant the giving of Public Notice, staff shall consider: a) The number of people affected by the matter; b) The financial implications of the matter for the municipality; c) The time-period, or duration, for which the matter is applicable; and, d) The extent of any geographic area within the municipality that may be affected. 03 Notice Content 03.01 Where Notice is required to be given, the Notice shall include, at a minimum, the following information: a) The authority and/or purpose for the Notice; b) The subject matter, and any decision to be made in relation to it; c) The date, time, and location of any meeting at which the matter may be considered; d) If applicable, a key map or other description of the lands affected by the matter under consideration; e) How to exercise any rights of appeal; and, f) How, where, and when comments/objections can be made. 04 Process for Providing Notice 04.01 Where Notice to the Public is to be given in accordance with this Policy, and is not otherwise prescribed by legislation, it may be provided by one or more of the following methods and in accordance with the following parameters: a) Posted electronically to the City of Pickering’s Website, and/or through its Social Media channels, and/or through other digital mediums available to the City of Pickering. b) Provided by regular letter mail or email to every party that has requested in writing to be updated with respect to the matter, and who has provided contact information to receive such Notice. c) Published in additional print, online media, or by static or digital signage. d) Public Notices shall be posted and/or distributed a minimum of 14 calendar days prior to the matter being considered, or prior to any referenced action coming into effect (whichever is applicable in the circumstances). Exception: Policy Title: Public Notice Policy Page 4 of 14 Policy Number: ADM 100 Any other more expansive timelines for giving Public Notice that are set out in a statute, shall prevail over the minimum timeframes set out in this Policy. 04.02 Notice of all matters deemed to be of sufficient public interest shall be given to Registered Ratepayer Associations in accordance with Policy ADM 270, Ratepayer Association Policy, and any other Community Group on City record as determined by the Department responsible for the Notice. 04.03 Wherever possible, Notices shall be written in plain language and feature an accessible layout and design. 05 Exceptions 05.01 Any non-statutory requirements to post a Notice in a Newspaper, that may be contained in any other City Policy, is superseded by the provisions of this Policy and such Notice shall be given in accordance with Section 04 of this Policy. 06 Statutory Notice – Matters under Parts IV and V of the Ontario Heritage Act 06.01 In accordance with section 26(4) and 39.1(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, where the City of Pickering is required to Publish Notice under Parts IV and V, the process for providing Notice to the Public shall be satisfied in accordance with Section 04 of this Policy and shall be posted electronically to the City’s Website and/or Publication on a digital news platform. 07 Responsibilities 07.01 Council: • Approve and support the Public Notice Policy; and, • Approve amendments to the Public Notice Policy as needed and as recommended by staff. 07.02 Chief Administrative Officer: • Support the Public Notice Policy; • Approve amendments to the Public Notice Policy for Council’s consideration; and, • Waive the provisions of the Public Notice Policy when required in accordance with Section 09 – Emergency. 07.03 Director/Division Head: • Support the Public Notice Policy; and, • Ensure staff prepare Notices within the parameters outlined in the Policy. Policy Title: Public Notice Policy Page 5 of 14 Policy Number: ADM 100 07.04 Supervisor, Public Affairs & Corporate Communications: • Support the Public Notice Policy; and, • Act as a City representative and resource to assist City staff with the mediums available to give Public Notice. 07.05 Website Coordinator: • Support the Public Notice Policy; and, • Add, maintain, and remove Public Notices from the Website as requested by departments responsible for giving the Public Notice. 07.06 City Clerk: • Recommend and prepare any necessary amendments to the Public Notice Policy; and, • Amend and update Appendix 1 of this Policy to reflect any legislated changes that impact the delivery of Notice to the Public. 08 General 08.01 Nothing in this Policy shall prevent staff from using more comprehensive methods of Notice or providing for a longer Notice period. 08.02 Any legislated requirement to post Notice in a Newspaper, shall be posted in a Newspaper determined by Corporate Communications, in keeping with the provisions of Policy ADM 280, Advertising Standards Policy. 08.03 In accordance with Resolution #106/02, adopted by City Council on July 29, 2002, despite the minimum circulation requirements under the Planning Act, radius circulation shall be increased to 150 m in the urban and hamlet areas and 500 m in rural areas for giving Notice of official plan, zoning and subdivision applications. 09 Emergency Provision 09.01 If a matter arises, which in the opinion of the Chief Administrative Officer, in consultation with the Mayor, is considered to be an Emergency (as defined in this Policy), best efforts shall be made to provide as much prior Notice as is reasonable under the circumstances. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Policy Title: Public Notice Policy Page 6 of 14 Policy Number: ADM 100 Appendix Appendix 1 Legislated Public Notice and the Method for Providing such Notice Policy Title: Public Notice Policy Page 7 of 14 Policy Number: ADM 100 Appendix 1 – Legislated Public Notice and the Method for Providing such Notice The Municipal Act, 2001 Section of the Act Description Requirement Method of Notice s.173 Proposal to Restructure Public Notice is required to advise of the holding of a public meeting before Council votes on whether to support or oppose a restructuring proposal to restructure municipalities and unorganized territory in the geographic area. Satisfied by Section 04 of this Policy s.222 Establishment of Wards Public Notice of the passing of the by-law is required within 15 days of the by-law enactment, specifying the last date for filing a notice of appeal. Satisfied by Section 04 of this Policy s.295 Publication of Financial Statements Within 60 days after receiving the audited financial statements of the municipality for the previous year, the treasurer of the municipality shall post a copy of the audited financial statements, the notes to the financial statements, the auditor’s report and the tax rate information for taxes imposed under any Part of this Act for the current and previous year as contained in the financial review on a website of the municipality. Satisfied by Section 04 of this Policy s.299(4) Information re: Municipal Operations Public Notice is provided when the municipality is required to provide information to the Minister regarding the efficiency and effectiveness of the municipality’s operations. Satisfied by Section 04 of this Policy s.351(7)(8) Seizure – Sale by Public Auction (due to unpaid taxes) Public Notice is required, giving Notice of the time and place of public auction and of the name of the person whose personal property is to be sold. Satisfied by Section 04 of this Policy Policy Title: Public Notice Policy Page 8 of 14 Policy Number: ADM 100 Section of the Act Description Requirement Method of Notice s.379(2)(b) and O. Reg. 181/03 Public Sale by Public Tender (for tax arrears) Public Notice is required to advertise the land for sale in accordance with the regulations. Once in The Ontario Gazette; and, Section 04 of this Policy Development Charges Act, 1997 Section of the Act Description Requirement Method of Notice s.12 and O. Reg. 82/98 Public meeting before development charges by-law passed Public Notice is required at least 20 days prior to public meeting, and the proposed by-law and the background study shall be made available to the public at least 2 weeks prior to the meeting. By personal service, fax or mail to every owner of land in the area to which the proposed by-law would apply; Or Posting on the City’s Website s.13 and O. Reg. 82/98 Notice of passing of development charges by-law Public Notice of the passing of the by-law is required no later than 20 days after the by-law is passed and the Notice shall include the last day to appeal the by-law, which shall be the day that is 40 days after the by-law is passed. By personal service, fax or mail to prescribed persons; Or Posting on the City’s Website Policy Title: Public Notice Policy Page 9 of 14 Policy Number: ADM 100 Section of the Act Description Requirement Method of Notice s.46 Notice of front- ending agreement and deadline for filing an objection Public Notice of the front-ending agreement is required no later than 20 days after the agreement is made, and the Notice shall include the last day for filing an objection which shall be 40 days after the day the agreement is made. By mail to every owner of land in the area defined in the front- ending agreement; Or Newspaper where there are large or City-wide impacts Ontario Heritage Act, R.S.O. 1990, c. O.18 Section of the Act Description Requirement Method of Notice PART IV s.26 Conservation of Property of Cultural Heritage Value or Interest Publication of Notice (4) Where a municipality is required by this Part to publish a Notice in a Newspaper having general circulation in the municipality, Notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish Notice in a Newspaper. Satisfied by Section 06 of this Policy PART V s.39.1(3) Heritage Conservation Districts Publication of Notice (4) Where a municipality is required by this Part to publish a Notice in a Newspaper having general circulation in the municipality, Notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish Notice in a Newspaper. Satisfied by Section 06 of this Policy Policy Title: Public Notice Policy Page 10 of 14 Policy Number: ADM 100 Planning Act, R.S.O. 1990, c. P.13 Section of the Act Description Requirement Method of Notice s.17(17) and O. Reg. 543/06 Notice of Public Meeting and Open House Pertaining to approval of an Official Plan and/or approval of an amendment to an Official Plan Notice of Public meeting and open house at least 20 days prior to the date of the meeting. By personal service or mail to landowners within 150 m of the subject property (urban and hamlet areas) or 500 m (rural areas) and prescribed persons; and, Posted on the property or a nearby location visible by the public, Or For City-wide or large community impacts, posted on the City’s Website; and, Posted on the property or a nearby location visible by the public s.17(23) Giving Notice of the adoption of an Official Plan Public Notice is required in the prescribed manner, no later than 15 days after the day the by-law is passed, and the plan is adopted. By personal service, fax, mail or email, to the prescribed persons; and, Policy Title: Public Notice Policy Page 11 of 14 Policy Number: ADM 100 Section of the Act Description Requirement Method of Notice For City-wide or large community impacts, posted on the City’s Website s.26(4) Updating Official Plan Before revising the official plan, Council shall hold a special meeting open to the public. Public Notice of every special meeting to be held under clause 26(3)(b) shall be Published at least 30 days before the date of the meeting. Satisfied by Section 04 of this Policy with the exception that Notice be Published at least 30 days prior to the meeting. s.34(12)(13) and O. Reg 545/06 Notice of Public Meeting and Open House Pertaining to the enactment of a Zoning By-law and Zoning By- law Amendments Information and material must be made available to the public describing, generally, the zoning proposal. At least one public meeting must be held. Notice of the public meeting and the open house (if any) is required at least 20 days prior to the meeting. By personal service or mail to landowners within 150 m of the subject property (urban and hamlet areas) or 500 m (rural areas) and prescribed persons, and, Posted on the property or a nearby location visible by the public, Or For City-wide or large community Policy Title: Public Notice Policy Page 12 of 14 Policy Number: ADM 100 Section of the Act Description Requirement Method of Notice impacts, posted on the City’s Website; and, Posted on the property or a nearby location visible by the public s.34(18) and O. Reg 545/06 Passing of Zoning By-laws Public Notice is required in the prescribed manner, no later than 15 days after the day the by-law is passed By personal service, fax, mail or email, to the prescribed persons; and, For City-wide or large community impacts, posted on the City’s Website s.37(13) and O. Reg 509/20 Passing of a Community Benefits By-law Public Notice is required in the prescribed manner, no later than 20 days after the day the by-law is passed By personal service, fax, mail or email to prescribed persons; and, For City-wide or large community impacts, posted on the City’s Website s.42(4.5) and O. Reg. 509/20 Passing of a Parkland By-law Public Notice is required in the prescribed manner, no later than 20 days after the day the by-law is passed By personal service, fax, mail or email to prescribed persons; and, Policy Title: Public Notice Policy Page 13 of 14 Policy Number: ADM 100 Section of the Act Description Requirement Method of Notice For City-wide or large community impacts, posted on the City’s Website Municipal Elections Act, 1996 Section of the Act Description Requirement Method of Notice s.13 Notice by clerk All Public Notice requirements in the Municipal Elections Act, 1996 are carried out at the discretion of the City Clerk. In accordance with Section 04 of this Policy Public Libraries Act, R.S.O. 1990 Section of the Act Description Requirement Method of Notice s.11 Notice of Vacancies Public Notice is required to advertise vacancies on the Public Library Board. Newspaper; and, In accordance with Section 04 of this Policy Expropriations Act, R.S.O. 1990, c. E26 Section of the Act Description Requirement Method of Notice s.6(1) Notice of intention to expropriate Public Notice of an application for approval to expropriate lands is required to be Published once a week for three consecutive weeks in the locality in which the lands are situate. Newspaper; and, In accordance with Section 04 of this Policy. Policy Title: Public Notice Policy Page 14 of 14 Policy Number: ADM 100 Record of Updates to Appendix 1 (Delegated Authority, Resolution #574/24): Effective Date Updated Section Reason for Update January 1, 2026 Section 295 of the Municipal Act amendment – website posting requirement for Financial Statements Bill 46, Protect Ontario by Cutting Red Tape Act, 2025 Last Update: January 5, 2026