Loading...
HomeMy WebLinkAboutCL 17-03 Citll o~ REPORT TO Committee of the Whole Report Number: CL 17/03 Date: June 17, 2003 From: Bruce Taylor City Clerk Subject: Public Notification Policy File: A-1010 Recommendation: 1. That Report CL 17-03 regarding the Public Notification Policy be received; and That the draft By-law to provide for the Public Notification Policy be enacted. 2. Executive Summary: In accordance with Section 251 of the Municipal Act, 8.0. 2001, the Public Notification Policy is presented to Council for endorsement. The objective of the policy is to ensure compliance with the Municipal Act, provide accurate and timely notice to the required audience, ensure that the notification process is consistent, and to ensure all notices published by the City are in an effective and relevant medium. The scope of the policy includes only notices issued in accordance with the Municpal Act. Financial Implications: N/A Background: The Municipal Act, 8.0., 2001, came into effect January 1, 2003. Where the City is required to give notice under a provision of the Act, Section 251 of the Act grants the authority to Council to determine the manner and times which are adequate to give reasonable notice. Current and proposed notice mediums used to communicate to our audience include: correspondence addressed to individuals and/or businesses, on-site posted signs, the City of Pickering Website, and newspaper publications. In most cases, and where practical, notice is provided using more than one medium to ensure that the target audience is being met. Staff have reviewed all notice provisions of the Act and, in consideration of current notice practices, recommended the attached Public Notification Policy. Although Appendix 1 to the Policy identifies the notices specifically addressed in the Act, Section Report CL 17-02 Date: June 17,2003 Subject: Public Notification Policy Page 2 03.03 of the Policy further states that where the Act refers to "reasonable notice", the City shall make every effort to give not less than five days or more than thirty days prior to the proposed notice of intention to pass a by-law or notice of a public meeting being taken. Attachments: 1. Draft By-law to adopt the Public Notification Policy Prepared By: ~~ r:/. Anne Gree ree Supervisor, Legislative Services Approved I Endorsed By: ê BT:ag Attachments Recommended for the consideration of Pickering City Council t' II :1 !I Ii 'I II :1 'I il II Ii ,; II II ,I II II II II II II Ii II II 'ì II Ii Ii II II II Ii !I II il II L II if Ii 'I II II II :1 Ii II Ii I I I I I I II I I I I ! I II " II II II I' II II Ii 'I ,i i THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law for establishing policies regarding public notification requirements under the Municipal Act, 2001. Hereinafter called the Public Notification By-law. WHEREAS the Corporation of the City of Pickering is required to give notice under various sections of the Municipal Act, S.O. 2001; AND WHEREAS Section 251 of the Municipal Act, S.O. 2001 requires the City to, except as otherwise provided in the Act, give notice in a form and in the manner and at the times that the council considers adequate to give reasonable notice under the provision; AND WHEREAS the City deems it expedient to establish a policy to ensure that public notices are accurate, timely, consistent, and are published by the City in an effective and relevant medium; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS the following Public Notification Policy as detailed in Attachment 1. BY-LAW read a first, second and third time and finally passed this 28th day of July, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 'i iI Ii !i Ii II II II Ii I II II I I' II II II II .1 II I, II II II !I II II II l' :1 I' :1 II 'I I, II I[ II II I I I CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 100 Subject: 001/001 Policy Title: Public Notification Policy POLICY STATEMENT: The Corporation of the City of Pickering is committed to complying with legislative requirements respecting public notification as stated in the Municipal Act, S. O. 2001 and related Regulations. POLICY OBJECTIVE: The objective of this Policy is to: 1. Ensure transparent government services which promote public input. 2. Provide accurate and timely notice to the required audience. 3. Ensure notification process is consistent. 4. Ensure all notices published by the City are issued in an effective and relevant medium. Page 1 of 1 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 100 Subject: 001 Policy Title: Public Notification Policy GENERAL: 01 Definitions: 01.01 01.02 01.03 01.04 01.05 EmerQency - 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 from providing the standard public notice. Emergency does not mean an emergency as defined in and governed by the Emergency Management Act, RS.O. 1990, c.E.9, as amended. Newspaper - means 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. Notice - means a written, printed, published, or posted notification or announcement. Published - published in a daily or weekly newspaper that, in the opinion of the Clerk of the City of Pickering, has such circulation within the City as to provide reasonable notice to those affected thereby, and "publication" has a corresponding meaning. Website - City of Pickering corporate website. cityofpickering.com, "Public Notices" section as indicated in the section that provides links to public notification on the homepage. 02 Responsibilities: 02.01 Council to: (a) (b) Approve the Public Notification Policy. Approve amendments to the Public Notification Policy. Page 2 of 6 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 100 Subject: 001 Policy Title: Public Notification Policy (c) Support the Public Notification Policy. 02.02 Chief Administrative Officer to: (a) (b) Support the Public Notification Policy. Declare, in consultation with the Mayor, when emergency provisions may be invoked. 02.03 Department / Division Head: (a) (b) Support the Public Notification Policy. Ensure staff prepare notices within the designated time. 02.04 Supervisor. Marketinq Research & Communications to: (a) (b) (c) (d) Support the Public Notification Policy. Act as City representative with the newspaper. Coordinate notices to be published in the newspapers. Follow-up on any misprints. 02.05 Website Coordinator: (a) (b) (c) Support the Public Notification Policy. Add, maintain and remove notices from the website as requested by departments responsible for giving notice. Maintain a record of notices published on the website. Page 3 of 6 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 100 Subject: 001 Policy Title: Public Notification Policy 03 Notice Method and Timinq: 03.01 03.02 03.03 03.04 The Municipal Act, S. O. 2001 requires the City to give notice respecting several matters. The means of giving notice may be set by Municipal Policy, may be set out in the Act that requires the notice to be given, or may be prescribed by Minister's Regulation. Where the Act and Regulations are silent on how notice shall be given, the standard mediums for issuing a notice may include one or more of the following: a) Letters - for notice to individuals, interested parties, the upper tier municipality or other level of government. Depending on the notice or statutory requirement, letters may be hand delivered, or sent via first- class mail or registered mail, faxed or e-mailed. b) Newspaper - public notices, notice of intent to pass by-law, notice of public meeting, property tax installment notices, notice of public sale. c) Posting - public notices posted on site. d) Website - public notices, notice of intent to pass by-law, notice of public meeting, property tax installment notices, notice of public sale. Unless otherwise stated in Attachment I, where the Act refers to "reasonable notice", the City shall give not less than five days or more than thirty days notice. Attachment I is a chart detailing the Minimum Notice Requirements which shall be provided by the City, including legal requirements, medium, notification period, and frequency of notice. Page 4 of 6 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 100 Subject: 001 Policy Title: Public Notification Policy 03.05 03.06 04 Where a notice is issued using more than one medium, every attempt shall be made to issue notices at the same time. In the event that the server fails and the website notices are interrupted, every attempt shall be made to reinstate the service. Notices, which were issued also by way of an additional medium, shall be deemed not affected by the server interruption. However, for notices which are solely issued via the website, if there is an interruption in service, staff shall take reasonable steps to attempt to ensure that the minimum notice requirement as stated in 03.03 of this Policy is upheld. Notice Content: 04.01 05 General 05.01 05.02 Unless otherwise prescribed in the Act or regulations, where notice is required to be given, the notice shall include the following information, at a minimum: a) Outline the authority for the notice. b) Outline the subject matter or the purpose of the notice. c) Set out the applicable notice requirements (ie. Date, time, location of meeting) d) If applicable, include a key map or other description of the lands affected by the matter under consideration. e) Provide how, where, and when comments I objections can be made. No notice shall be required under this policy, where the provision of the notice will interfere with the ability of Council to conduct business with respect to a matter permitted for a closed session under Section 239 of the Act. Nothing in this policy shall prevent the Clerk from using more comprehensive methods of notice or providing for a longer notice period. Page 5 of 6 CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: ADM Reference: Date Revised: Category: 100 Subject: 001 Policy Title: Public Notification Policy 06 Emerqency Provision 06.01 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), the Clerk shall make his/her best efforts to provide as much prior notice as is reasonable under the circumstances or will provide notice of the action as soon as possible following the action and will present a report to Council for ratification. 06.02 If the matter pertains to a licensing by-law passed under the authority of Section 150 of the Act, the Council shall, in accordance with Subsection 150(5) of the Act, hold the required meeting and give the required notice, as soon as is practicable after the passage of the by-law. Page 6 of 6 Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice type III 34 (1) Permanent closure of a Highway Before passing a By-law for permanently X (a) if road has been dedicated as a closing a highway, a municipality shall give public hiqhwav but never used as public notice of its intention to pass the by- a traveled road - (i.e. road law. widenings on Sheppard Avenue or Shirley Drive - roads that for all intent and purpose have the appearance of not being a road): - Published at least once a week for two successive weeks in the newspaper - Notice to Region of Durham, and all applicable agencies, including Bell, Enbridge, Veridian, etc. - City Website - "Public Notices" (b) If road has been traveled on or visually resembles a road allowance: - Published at least once a week for two successive weeks in the newspaper - Notice to Region of Durham, and all applicable agencies, including Bell, Enbridge, Veridian, etc. - City Website - "Public Notices" III 34 (2) Permanently altering a highway Before passing a by-law for permanently X - Published at least once a week for altering a highway, if the alteration is likely three successive weeks in the to deprive any person of the sole means of newspaper motor vehicle access to and from the - Posted on site for at least four person's land over any highway, a weeks. municipality shall give public notice of its - Notice to Region of Durham, and intention to pass the bylaw. all applicable agencies, including Bell, Enbridge, Veridian, etc. - City Website - "Public Notices". ADM 100 Minimum Notice Requirements Accendix I Legislated Notice Types: HD - Hand Delivered ! RM - Registered mail! CM - Certified Mail! PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place ! X - Public Notice ! ,¡' - reasonable notice Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice type 36(3)(a) Intention to pass by-law Give notice of its intention to pass the by- HD,RM - Published in the newspaper at designating a highway as a law to the public and to the owner of any least two weeks prior to the controlled-access highway and land abutting the highway. meeting when the subject will be prohibiting the construction or placed on the agenda. use of a private road, entrance, - Notice to ratepayers abutting the gate or other structure as a road either personally or by means of access to the highway prepaid registered mail to the last known address of the owner. - City Website - "Public Notices" 40 Toll Road LGIC to make regulations for notice to the - As per the Regulations made by Province the Lieutenant Governor in Council. ADM 100 Minimum Notice Requirements Accendix I Legislated Notice Types: HD - Hand Delivered ! RM - Registered mail! CM - Certified Mail! PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place ! X - Public Notice ! ./ - reasonable notice ADM 100 Minimum Notice Requirements ADDendix I Municipal Act, 2001 Description Requirement Leg. Notice Type ! Period ! Frequency Part Section Notice type 47 Naming Highways Before passing a by-law naming a highway X a) Naminq of hiqhways constructed or changing the name of a highway, a in accordance with Development municipality shall give public notice of intent Aqreements (excludes roads to pass by-law dedicated by Plan of Subdivision, turning circles, reserves, and road widenings): - Published at least once a week for two successive weeks in the newspaper. - Notice to Police and Fire - City Website - "Public Notices" b) Naminq of a newly constructed hiqhway (or new road) (not pursuant to Development Application): - Published at least once a week for two successive weeks in the newspaper. - Notice to Police and Fire - Notice to all ratepayers fronting the road either personally or by prepaid registered mail to the last known address of the owner - City Website - "Public Notices" 48 Naming Private Roads Municipality shall give public notice of intent X - Published at least once a week for to pass by-law two successive weeks in the Newspaper. - Notice to Police and Fire - Notice to all ratepayers fronting the road either personally or by prepaid registered mail to the last known address of the owner - City Website - "Public Notices" 62 Removing dangerous trees No notice to landowner required if - No notice required. **** immediate dancer an issue Legislated Notice Types: HD - Hand Delivered / RM - Registered mail! CM - Certified Mail / PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place I X - Public Notice I ./ - reasonable notice Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice type 99(1) Advertising devices Municipality shall give public notice of intent X - Published at least once a week for to pass by-law two successive weeks in the newspaper. - City Website - "Public Notices" 110(8) Tax Exemption by-law Upon the passing of a by-law under - Written notice to parties identified subsection (6), the clerk of the municipality - City Website - "Public Notices" shall give written notice of the contents of the by-law to: a) the assessment corporation b) the Clerk of any other municipality that would but for the by-law, have had authority to levy rates on the assessment for the land exempted by the by-law, and c) the secretary of any school board if the area of jurisdiction of the board includes the land exempted by the by-law 144(5)(c) Power of Entry - Order repair A notice stating that if the work is not done - Notice to owner either personally in compliance with the order within the or by prepaid registered mail to period it specifies, the municipality may the last known address of the have the work done at the expense of the owner. owner. - Timing of notice to be in accordance with the order given. Before the municipality enters on land to do the work, the order shall be served on the owner of land personally or by prepaid registered mail to the last known address of the owner of the land. If the municipality is unable to effect service on the owner under subsection (8), it may place a placard containing the terms of the order in a conspicuous place on the land and may enter on the land for this purpose. ADM 100 Minimum Notice Requirements Accendix I Legislated Notice Types: HD - Hand Delivered ! RM - Registered mail! CM - Certified Mail! PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place ! X - Public Notice ! ./ - reasonable notice Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice tyee IV 150(4 )(b) General Licensing powers Before passing a licensing by-law under - Published in the newspaper at this section, the Council of the municipality least two weeks in advance of the shall, except in the case of emergency: public meeting. (1 ) hold at least one public meeting at - Notice to all affected businesses which any person who attends has via first-class mail to the last an opportunity to make known address of the owner. representation with respect to the - City Website - "Public Notices" matter; and (2) ensure that notice of the public meetinq is qiven. 150(5) Emergency - public meeting - If a by-law is passed under this section in - Published in the newspaper at licensing power (post activity) the case of an emergency without least two weeks in advance of the complying with subsection (4), the Council public meeting. shall, as soon as it is practicable after its - Notice to all affected businesses passage, hold the meeting and give the via first-class mail to the last notice referred to in subsection (4) and known address of the owner may, after that meeting, amend or repeal - City Website - "Public Notices" the by-law without the requirement of a further meetinq. 217 Council composition Municipality to give notice of intention to - Published at least once a week for pass by-law and shall hold at least one two successive weeks in the public meeting to consider the matter. newspaper. - City Website - "Public Notices" 222 Establish wards Municipality to give notice of intention to - Published at least once a week for pass by-law two successive weeks in the newspaper prior to public meeting. - Hold a public meeting. - Published in the newspaper two weeks prior to the Council Meeting when the subject will be placed on the agenda. - Within 15 days of passing the by- law, notice to be published in the newspaper that the by-law was passed. - City Website - "Public Notices" ADM 100 Minimum Notice Requirements ADDendix I Legislated Notice Types: HD - Hand Delivered / RM - Registered mail / CM - Certified Mail/PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place / X - Public Notice / ,/ - reasonable notice Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice type VI 238(2) Procedure By-law Municipality to give notice of intention to - Published in the newspaper at pass by-law least two weeks in advance of the Council Meeting when the subject matter will be placed on the agenda. - City Website - "Public Notices" 260 Council Member resignation Written notice from member required ( not - Council shall declare the vacancy effective if it would reduce the number of at its next meeting, if the vacancy members to less than a quorum) occurs as a result of death the declaration may be made at the next two Council meetings. Vacancy must be filled within 60 days of the declaration. If vacancy occurs within 90 days of an election, the municipality is not required to fill the vacancy. - Published as soon as practicable in the newspaper - City Website - "Public Notices" 268 Sale of Land procedures By-law to provide for notice - Published at least once in the newspaper prior to the sale - City Website - "Public Notices" ADM 100 Minimum Notice Requirements Accendix I Legislated Notice Types: HD - Hand Delivered ! RM - Registered mail! CM - Certified Mail! PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place ! X - Public Notice ! .¡' - reasonable notice Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice type VII 291 Adopt or Amend Budget (1) Before adopting all or part of a budget X - Published at least two weeks in under section 289 or 290, or amending advance of the meeting in the such a budget, a municipality shall give newspaper public notice of its intention to adopt or - Notice to City Auditor amend the budget at a council meeting - City Website - "Public Notices" specified in the notice. - Normal operating costs incurred prior to the adoption of the annual (2) If a budget is not adopted or amended budget shall not require notice, at the council meeting specified in a notice and approval of such expenditures under (1) but consideration of the matter is shall be deemed ratified upon the deferred, no further notice is required under adoption of the annual budget. (1) if a public statement is made at the meting that the matter has been deferred and that the municipality now intends to adopt or amend the budget at a later council meeting specified in the public statement. (3) If a budget is not adopted or amended at the council meeting specified in a public statement under (2) no further notice is required under (1) if a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to adopt or amend the budget at a later council meeting specified in the public statement. 295 Publication of Financial Notice that information is available - Published in the newspaper within Statement 60 days of receipt of the audited financial statements. - City Website - "Public Notices" and "Finance Tax" 300 Improvements in Service Notice of improvements and barriers to - City Website - "Public Notices" improvements and "Finance Tax" ADM 100 Minimum Notice Requirements Accendix I Legislated Notice Types: HD - Hand Delivered I RM - Registered mail! CM - Certified Mail! PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place ! X - Public Notice ! .¡' - reasonable notice Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice type IX 331 (2) Taxes on eligible property When eligible properties as defined in - Within 60 days after the date the (Industrial & Commercial) 331 (20) are added to the roll (ie. Properties list of comparable properties is with additional assessments; properties that received by the municipalities the cease to be exempt; properties that are City shall mail (via first-class mail) added to the roll be severance; or to the owner of each eligible properties for which there is a change in property the list of the comparable classification) properties and the determination made. X 348 Tax Status Notice to Tax Payer - By February 28m in each year, a Notice of Tax Arrears & related late payment charges shall be mailed (via first-class mail) to the owner of each property in arrears. 351 Seizure of Assets for unpaid Notice of Public Auction and Notice of taxes - Published at least once in the taxes due newspaper when necessary. 356 Dividing land for sale Notice of decision - On or before September 30 of the year following the year in which the application is made, council shall hold a public meeting. - At least 14 days prior to the meeting, the City shall mail (via first-class mail) to the applicant a notice of the date. The notice shall be copied to the Assessment Corporation and the Assessment Review Board. 358 (10) Cancel, reduce or refund taxes Notice to applicant - With respect to applications filed under Section 358, within 14 days after making its decision, Council shall notify the applicant of the decision via first-class mail. ADM 100 Minimum Notice Requirements ADDendix I Legislated Notice Types: HD - Hand Delivered ! RM - Registered mail! CM - Certified Mail! PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place ! X - Public Notice ! ./ - reasonable notice Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice type 359(3), (4) Increase taxes Notice to Treasurer and affected person of - With respect to applications filed meeting under Section 359, within 14 days after making its decision, Council shall notify the person (via first- class mail) in respect of whom the application is made of the decision and specify the last day for appealing the decision. XI 374 Tax Arrears Certificate Notice of Registration as per Section 374( 1) RM - Within 60 days after the Registration, the Final Notice shall be sent via registered mail to those who are entitled to receive the notice as per Section 374. 379(1) Tax Arrears - Final Notice As per section 374( 1) ./ If the cancellation price remains RM unpaid 280 days after the day the tax arrears certificate is registered, within 30 days thereafter, the Final Notice shall be issued stating that the land will be advertised for public sale. (unless the cancellation price is paid before the end of the one-year period following the date of the registration of the tax arrears. 379(2) Public Sale Notice of public sale - Final Notice shall be published at least once a week for four successive weeks in the newspaper. - Final Notice shall be published at least once in the The Ontario Gazette. ADM 100 Minimum Notice Requirements Accendix I Legislated Notice Types: HD - Hand Delivered / RM - Registered mail / CM - Certified Mail/PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place / X - Public Notice / ./ - reasonable notice Municipal Act, 2001 Description Requirement Leg. Notice Type I Period I Frequency Part Section Notice type 380 (3) Application of Proceeds Notice to Public Guardian and Trustee of RM Within 60 days after making a payment of proceeds payment to Court under Section 380 (2), the Treasurer shall send via first- class mail, a copy of the statement to the Public Guardian and Trustee and to the persons to whom the Treasurer sent Notice under Section 379(1). ADM 100 Minimum Notice Requirements Accendix I Legislated Notice Types: HD - Hand Delivered ! RM - Registered mail! CM - Certified Mail! PM - prepaid Mail; Post - Posting notice on land in a conspicuous Place ! X - Public Notice ! ./ - reasonable notice Municipal Act, 2001 Part I Section XII 400 Description Requirement Leg. Notice tVDe ADM 100 Minimum Notice Requirements Appendix I Notice Type I Period I Frequency Notice shall be in compliance with Regulation 244/02. CateQorv 1 Fees (re: waste. water) & CateQorv 2 Fees (re: police or fire purposes) Hold at least one public meeting. Notice of public meeting to be published at least once in the newspaper, at least 21 days prior to the public meeting. Written Notice of public meeting to be sent via first-class mail giving 21 days notice to every person and organization that has, within five years before the day of the public meeting, given the Clerk a written request for notice of the passing of the by-law containing a return address. City Website - "Public Notices" (See Regulation for notice details.) CateQorv 3 Fees (re: all other fees) Written Notice of intention to pass by-law to be sent via first-class mail giving 21 days notice to every person and organization that has, within five years before the Council Meeting where the by-law will be considered, given the Clerk a written request for notice of the passing of the by-law containing a return address. City Website - "Public Notices" Fees and Charges Notice of intent to pass by-law