HomeMy WebLinkAboutCAO 04-07
CiUI 01
REPORT TO
EXECUTIVE COMMITTEE
Report Number: CAO 04-07
Date: December 10, 2007
01
From:
Thomas J. Quinn
Chief Administrative Officer
Subject:
Bill 130, The Municipal Statute Law Amendment Act, 2006
Policy Development - Mandatory Provisions
Recommendation:
1. That Report CAO 04-07, of the Chief Administrative Officer be received;
2. That the Accountability and Transparency Policy ADM 170, included as
Attachment #1 to this report be approved;
3. That the Delegation of Powers and Duties Policy ADM 180, included as
Attachment #2 to this report be approved;
4. That the Notice Policy ADM 100, as revised and included as Attachment #3 to
this report be approved and By-law 6166/03 be repealed in its entirety;
5. That Hiring Policy HUR 040, as outlined in Attachment #4 to this report be
approved;
6. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
Executive Summary: Bill 130, the Municipal Statute Law Amendment Act, 2006
was proclaimed on January 1, 2007. Bill 130 amends The Municipal Act, 2001, by
providing local governments with expanded powers/authority and increased legislative
freedom while requiring enhanced transparency and accountability. The Act now
requires a municipality to adopt and maintain six specific policies.
Financial Implications: There are no financial implications.
Report CAG 04-07
December 10, 2007
II I
Subject: Policy Development Mandatory Provisions
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Page 2
Sustainability Implications: Municipal governments are now required to be
accountable and transparent, including to ensure that administrative policies, practices
and procedures and controllership policies, practices and procedures are in place to
implement the decisions of Council.
Background:
Section 270 of the revised Municipal Act, 2001 requires each Council to adopt and
maintain policies with respect to the following matters:
1. The sale and disposition of land;
2. Hiring of employees;
3. Procurement of goods and services;
4 Notice to the public, including the form, manner and times notice shall be given;
5. Accountability and Transparency; and
6. Delegation of powers and duties.
The first four items are not new, as each municipality has been required to enact by-
laws on each of these aspects with the introduction of the Municipal Act, 2001. The
latter two policies, accountability and transparency and delegation of powers and duties
are new requirements of Council. In addition, the intent of the revisions to the Act
appears to place an ongoing obligation on Council to review the policies. It is
suggested that once per term of office the policies be reviewed to determine whether or
not they continue to meet the needs of Council and the community. It should further be
noted that templates for the two new policies were developed by the Municipal Law
Association and provided to members of the Association of Municipal Clerks and
Treasurers for review and use in developing the new policies.
Accountabilitv and Transparencv Policv. ADM 170
The new provisions introduced in Bill 130 reflect a growing public concern for ensuring
accountability and transparency in municipal administration, in large part from the
Bellamy inquiry. Municipal councils are required to have an Accountability and
Transparency policy in place by January 1, 2008. The Act requires that all
municipalities must adopt and maintain a policy with respect to the manner in which the
municipality will try to ensure that it is accountable to the public for its actions, and the
manner in which the municipality will try to ensure that its actions are transparent to the
public. The purpose of the policy is to provide guidance for the delivery of the
municipality's activities and services in accordance with the principles outlined within
the policy. The policy as presented in Attachment 1 to this report complies with the
legislative requirements of the Act and it should be noted that the policy was updated to
reflect a continuing commitment for conducting business in an open transparent
environment.
To ensure that Council is updated with respect to this policy, a further report will be
prepared early in 2008, which will outline initiatives, activities and practices that hold the
CORP0227-07/01 revised
Report CAO 04-07
December 10, 2007
Subject: Policy Development Mandatory Provisions
Page 3
03
City accountable and transparent to the public and therefore in compliance with the
legislation and to the policy.
Deleqation of Powers and Duties. Policy ADM 180
Municipalities now have expanded authority to delegate corporate powers pursuant to
the 'natural person power' and the authority to empower local boards, committees and
individuals to deal with particular issues. This delegation may occur for several
reasons, such as improved efficiency. Although a municipality may delegate any of its
powers and duties, whether they are administrative, corporate, legislative or quasi-
judicial, this authority is subject to certain restrictions. For instance, while legislative or
quasi-judicial powers may be delegated to a member of Councilor a Council
committee, only those matters of a minor nature may be delegated to an officer,
employee or agent of the municipality. In addition, certain core functions of Council
may not be delegated, such as the passage of a zoning by-law or adoption of the
budget. The Act now requires that all municipalities adopt and maintain a policy with
respect to delegation of powers and duties of Council. The policy included as
Attachment #2 to this report outlines which Council should consider before any
delegation of some of its powers and duties and the requirements, conditions and
restrictions for Council to authorize any delegation. The purpose of the policy is to set
out the scope of the powers and duties which Council may delegate its legislative and
administrative authority and to establish principles governing such delegation. The
policy as presented complies with the legislative requirements of the Act.
Staff are currently conducting a detailed review of the existing delegation of powers,
duties and functions that are existing and assigned to staff at present, along with any
expanded powers that they wish to pursue in relation to business efficiency. It should
be noted that all delegated functions to staff are to be enforced through the provision of
a by-law and therefore, a by-law will be presented early in 2008 in this regard.
Notice Policy. ADM 100
In order for the City to be accountable and transparent, it must notify citizens of what is
taking place. As a result, the Municipal Act requires that all municipalities must adopt
and maintain policies that describe 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. The City had an existing notice policy and when that policy was
developed, the Municipal Act was becoming less prescriptive and there was a need to
identify how notice was to be given. With the recent changes to the Municipal Act
through Bill 130. all prescriptive notice provisions have been removed on the basis that
municipalities would be required to have notice policies.
The Minister of Municipal Affairs and Housing has stated that for a municipal
government to be transparent and accountable, it must hold and conduct municipal
business in public wherever possible. In order to meet the intent of the Municipal Act,
the new policy will provide minimum notice periods that identifies circumstances of
when notice will be provided using established formats and methods that provide
consistent, accessible and timely information. Staff were mindful when researching and
revising the existing policy that the public should be given as much time as possible to
CORP0227-07/01 revised
Report CAG 04-07
December 10, 2007
Subject: Policy Development Mandatory Provisions
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Page 4
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make submissions if necessary. The policy was also amended taking into account that
meetings are to be closed to the public only under narrowly prescribed instances
outlined in the Municipal Act. The Act as amended also requires public notice for all
meetings regardless of whether it is open or closed; and there must be a record for all
meetings held. These requirements are also applicable to the new education and
training provisions contained in the legislation. These changes have been captured
within the City's Procedural by-law, along with the revised Notice Policy. The revised
policy has been included as Attachment #3 to this report and an Analysis of Bill 130
Impacts on Notice Related Provisions of the Municipal Act has been included as
Attachment #5 to this report.
Hirinq Policy, HUR 040
The City of Pickering currently has a policy in place, which was required as part of the
2003 changes to the Municipal Act. The Hiring Policy ADM 040, which has been in
place since April 12, 1999 requires formal Council approval and adoption in order to be
in compliance with the legislative provisions of the Municipal Act, therefore it is
considered a housekeeping matter to adopt the policy at this time. A copy of the policy
has been included as Attachment #4 to this report.
Summary
The Municipal Act is the legislative framework that creates municipalities and it is the
foundation for our governance structure and the way we do business. As we all know,
keeping the public informed is a critical step in a healthy local democracy. In
maintaining existing policies and developing the two new policies of accountability and
transparency and delegation of powers, there was a strong attempt by staff to look at
the broader municipal framework. This is based on the premise that all municipal
decision making should be accountable and transparent as the policies required by the
legislation are in fact the activities that hold the municipality accountable and
transparent to those we serve.
Prepared By:
Approved/Endorsed By:
~~"" ,.-""
DW:lr
Attachments
CORP0227-07/01 revised
Report CAO 04-07
December 10, 2007
Subject: Policy Development Mandatory Provisions
Page 5
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1. Accountability and Transparency Policy ADM 170
2. Delegation of Powers and Duties Policy ADM 180
3. Notice Policy ADM 100
4. Hiring Policy ADM 040
5. Analysis of Bill 130 Impacts on Notice Related Provisions of the Municipal Act
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering Ci~Council
/"
CORP0227-07/01 revised
I ATTACHMENT .--1- m REPORT # C.~r q'ILo1
CITY POLICY/PROCEDURE
D6
Approval: Date Originated: Policy Number:
Chief Administrative Officer December 2007 Classification: ADM
Reference: Date Revised:
Category: 170
Related Procedures:
Policy Title: ACCOUNTABILITY AND TRANSPARENCY POLICY
POLICY STATEMENT:
The Council of the City of Pickering acknowledges that it is responsible to provide good
government for its stakeholders in an accountable and transparent manner by:
. Openness and fairness when transacting City business;
. Encouraging public access and participation to ensure that decision making is
responsive to the needs of its constituents and receptive to their opinions;
. Efficient and effective financial management;
. An open, responsive meeting process that ensures citizens have access to and
awareness of the Council/Committee business being discussed;
. Delivering high quality services to our citizens; and
. Promoting the efficient use of public resources.
Accountability, transparency and openness are standards of good government that
enhance public trust. They are achieved through the municipality adopting measures
ensuring, to the best of its ability, that all activities and services are undertaken utilizing a
process that is open and accessible to its stakeholders. In addition, wherever possible, the
municipality will engage its stakeholders throughout its decision making process which will
be open, visible and transparent to the public.
POLICY OBJECTIVE:
The Municipal Act, 2001 (the Act) requires that all municipalities adopt and maintain a
policy with respect to the manner in which the municipality will try to ensure that it is
accountable to the public for its actions, and the manner in which the municipality will try to
ensure that its actions are transparent to the public. The purpose of this policy is to provide
guidance for the delivery of the municipality's activities and services in accordance with the
principles as outlined herein. This policy has been developed in accordance with the Act to
comply with section 270.
CITY POLICY/PROCEDURE
07
Approval: Date Originated: Policy Number:
Chief Administrative Officer December 2007 Classification: ADM
Reference: Date Revised:
Category: 170
Related Procedures:
Policy Title: ACCOUNTABILITY AND TRANSPARENCY POLICY
GENERAL:
01 Definitions:
01.01 Accountability - The principle that the municipality will be responsible
to its stakeholders for decisions made and policies implemented, as
well as its actions or inactions.
01.02 Transparency - The principle that the municipality actively encourages
and fosters stakeholder participation and openness in its decision
making processes. Additionally, transparency means that the
municipality's decision making process is open and clear to the public.
02 Responsibilities:
02.01 Council to:
a) Approve the Accountability and Transparency Policy.
b) Approve Amendments to the Accountability and Transparency Policy.
c) Support the Accountability and Transparency Policy.
02.02 Chief Administrative Officer to:
a) Support the Accountability and Transparency Policy.
02.03 Department Heads to:
a) Support the Accountability and Transparency Policy.
02.04 City Clerk to:
a) Support the Accountability and Transparency Policy.
Page 2 of 4
CITY POLICY/PROCEDURE
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Approval: Date Originated: Policy Number:
Chief Administrative Officer December 2007 Classification: ADM
Reference: Date Revised:
Category: 170
Related Procedures:
Policy Title: ACCOUNTABILITY AND TRANSPARENCY POLICY
b) Recommend and prepare any necessary amendments to the Policy.
c) Be responsible for collecting concerns or complaints relating to this
Policy.
03 Policv Requirements:
The principles of accountability and transparency shall apply equally to the political
process and decision making and to the administrative management of the
municipality.
03.01 The municipality will be open, accountable and transparent to its
stakeholders in its financial dealings as required under the Act. Some
examples of how the municipality provides such accountability and
transparency are as follows:
a) Internal Audit
b) External Audit
c) Purchasing Policy
d) Financial Control Policy
e) Acquisition and Disposal of Land Policy
D Budgetprocess
g) Execution of Documents By-law
h) Employee Code of Conduct
i) Performance Review and Evaluation Policy
j) Occupational Health & Safety Policy
03.02 Public Participation and Information Sharinq:
The municipality ensures that it is open and accountable to its
stakeholders through implementing processes outlining how, when and
under what rules meetings will take place. The municipality's meetings
will be open to the public when and as required under the Act, and
members of the public will have an opportunity to make delegations or
comments in writing on specific items at these meetings. In addition,
Page 3 of 4
CITY POLICY/PROCEDURE
09
Approval: Date Originated: Policy Number:
Chief Administrative Officer December 2007 Classification: ADM
Reference: Date Revised:
Category: 170
Related Procedures:
Policy Title: ACCOUNTABILITY AND TRANSPARENCY POLICY
the municipality has adopted policies which ensure that participation by
the public can be meaningful and effective, through timely disclosure of
information by various means including print media, websites, etc.
03.03 Complaint Process:
The City Clerk shall be responsible for collecting concerns or
complaints related to this policy.
Page 4 of 4
AITACHMENT, ~ TO REPORT#. CAD fYf/O-1
CITY POLICY/PROCEDURE
, I' I. 1 0
Approval: Date Originated: Policy Number:
Chief Administrative Officer December 2007 Classification: ADM
Reference: Date Revised: 180
Category:
Related Procedures:
Policy Title: DELEGATION OF POWERS AND DUTIES POLICY
POLICY STATEMENT:
The Council of the Municipality, as a duly elected municipal government is directly
accountable to its constituents for its legislative decision making, policies, and
administrative functions. Council's decisions are generally expressed by by-law or
resolution of Council carried by a majority vote. The efficient management of the municipal
corporation and the need to respond to issues in a timely fashion require Council to entrust
certain powers and duties to committees and staff while concurrently maintaining
accountability, which can be effectively accomplished though the delegation of legislative
and administrative functions. Council authority will be delegated within the context set out in
the Act and will respect the applicable restrictions outlined in the Act.
POLICY OBJECTIVE:
The Municipal Act, 2001 (the Act) requires that all municipalities adopt and maintain a
policy with respect to the delegation of Council's legislative and administrative authority.
The purpose of this policy is to set out the scope of the powers and duties which Council
may delegate its legislative and administrative authority and to establish principles
governing such delegation. This policy has been developed in accordance with the Act in
order to comply with its other application sections, including section 270. This policy applies
to all committees of Council, departments and staff.
CITY POLICY/PROCEDURE
1 1
Approval: Date Originated: Policy Number:
Chief Administrative Officer December 2007 Classification: ADM
Reference: Date Revised:
Category: 180
Related Procedures:
Policy Title: DELEGATION OF POWERS AND DUTIES POLICY
GENERAL:
01 Definitions:
01.01 Leqislative Powers - Includes all matters where council acts in a
legislative or quasi-judicial function, including enacting by-laws, setting
policies, and exercising decision making authority.
01.02 Administrative Powers - Includes all matters required for the
management of the corporation which do not involve discretionary
decision making.
02 Responsibilities:
02.01 Council to:
a) Approve the Delegation of Powers and Duties Policy.
b) Approve Amendments to the Delegation of Powers and Duties Policy.
c) Support the Delegation of Powers and Duties Policy.
02.02 Chief Administrative Officer to:
a) Support the Delegation of Powers and Duties Policy.
02.03 Department Heads to:
a) Support the Delegation of Powers and Duties Policy.
02.04 City Clerk to:
a) Support the Delegation of Powers and Duties Policy.
b) Recommend and prepare any necessary amendments to the Policy.
Page 2 of 4
CITY POLICY/PROCEDURE
: ., .. 1 2
Ap'proval: Date Originated: Policy Number:
Chief Administrative Officer December 2007 Classification: ADM
Reference: Date Revised:
Category: 180
Related Procedures:
Policy Title: DELEGATION OF POWERS AND DUTIES POLICY
c) Be responsible for collecting concerns or complaints relating to this
Policy.
03 Policy Requirements:
03.01 All delegations of Council powers, duties of functions shall be affected
by by-law.
03.02 Unless a power, duty or function of Council has been expressly
delegated by by-law, all of the powers, duties and functions of Council
remain with Council.
03.03 A delegation of a power, duty or function under any by-law to any
member of staff includes a delegation to a person who is appointed by
the Chief Administrative Officer or selected from time to time by the
delegate to act in the capacity of the delegate in the delegate's
absence.
03.04 Subject to section 3, a person to whom a power, duty or function has
been delegated by by-law has no authority to further delegate to
another person any power, duty or function that has been delegated,
unless such sub-delegation is expressly permitted.
03.05 Legislative matters may be delegated by Council where they are minor
in nature or where Council has explicitly provided for the terms and
conditions under which the powers shall be exercised, and must take
into account the limitations set out in the Act.
03.06 Administrative matters may be generally delegated to staff subject to
the conditions set out in the delegation and in this policy, and must take
into account the limitations set out in the Act.
03.07 In exercising any delegated power, the delegate shall ensure the
following;
Page 3 of 4
CITY POLICY/PROCEDURE
1 3
Approval: Date Originated: Policy Number:
Chief Administrative Officer December 2007 Classification: ADM
Reference: Date Revised:
Category: 180
Related Procedures:
Policy Title: DELEGATION OF POWERS AND DUTIES POLICY
a) Any expenditure related to the matter shall have been provided for
in the current year's budget (or authorized by the purchasing by-law
and financial control policies).
b) The scope of the delegated authority shall not be exceeded by the
delegate.
c) Where required by the specific delegated authority, reports shall be
submitted to Council advising of the exercise of a delegated power
and confirming compliance with the delegated authority and this
policy.
d) All policies regarding insurance and risk management shall be
complied with.
e) Delegates shall ensure the consistent and equitable application of
council policies and guidelines.
f) Any undertaking or contract with a third party shall be subject to the
approval of legal services.
Page 4 of 4
I ATTACHMENT # ~ TO REPORl' t. c~ r'>-/ I crj
CITY POLICY/PROCEDURE
Approval: Date Originated: Policy Number:
Julv 28, 2003 Classification: ADM
Reference: Date Revised:
Resolution #113/03 December 2007 Category: 100
By-law 6166/03
Policy Title: NOTICE POLICY
POLICY STATEMENT:
In recognition of the emphasis placed on accountability and transparency measures within the
Municipal Act, the City of Pickering believes citizens should be made aware of the business of
the municipality. In order to make citizens aware, the City will provide notice based on the
development of a class system that identifies the circumstances of when notice will be
provided, including establishment of notice formats and methods and development of minimum
notice provisions.
POLICY OBJECTIVE:
The objective of this Policy is to:
1. Ensure transparent government services which promote public input.
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 required audience.
4. Ensure notification process is consistent.
5. Ensure all notices published by the City are issued in an effective and relevant medium.
Page 1 of 6
CITY POLICY/PROCEDURE
1 5
Approval: Date Originated: Policy Number:
July 28, 2003 Classification: ADM
Reference: Date Revised:
Resolution #113/03 December 2007 Category: 100
By-law 6166/03
Policy Title: NOTICE POLICY
GENERAL:
01 Definitions:
01.01 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, R.S.O. 1990, c.E.9, as amended.
01.02 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.
01.03 Notice - means a written, printed, published, or posted notification or
announcement.
01.04 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.
01.05 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) Approve the Notice Policy.
Page 2 of 6
CITY POLICY/PROCEDURE
, " .
Approval: Date Originated: Policy Number:
July 28, 2003 Classification: ADM
Reference: Date Revised:
Resolution #113/03 December 2007 Category: 100
By-law 6166/03
Policy Title: NOTICE POLICY
(b) Approve amendments to the Notice Policy.
(c) Support the Notice Policy.
02.02 Chief Administrative Officer to:
(a) Support the Notice Policy.
(b) Declare, in consultation with the Mayor, when emergency
provisions may be invoked.
02.03 Department / Division Head:
(a) Support the Notice Policy.
(b) Ensure staff prepare notices within the designated time.
02.04 Supervisor, Marketinq Research & Communications to:
(a) Support the Notice Policy.
(b) Act as City representative with the newspaper.
(c) Coordinate notices to be published in the newspapers.
(d) Follow-up on any misprints.
02.05 Website Coordinator:
(a) Support the Notice Policy.
(b) Add, maintain and remove notices from the website as requested
by departments responsible for giving notice.
Page 3 of 6
CITY POLICY/PROCEDURE
1 7
Approval: Date Originated: Policy Number:
July 28, 2003 Classification: ADM
Reference: Date Revised:
Resolution #113/03 December 2007 Category: 100
By-law 6166/03
Policy Title: NOTICE POLICY
(c) Maintain a record of notices published on the website.
02.06 City Clerk to:
a) Support the Notice Policy.
b) Recommend and prepare any necessary amendments to the Policy.
c) Be responsible for collecting concerns or complaints relating to this
Policy.
03 Notice Method and Timinq:
03.01 The Municipal Act, S.D. 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.
03.02 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.
Page 4 of 6
I' II
Approval:
Reference:
Resolution #113/03
By-law 6166/03
Policy Title:
03.03
03.04
03.05
03.06
CITY POLICY/PROCEDURE
Date Originated:
Jul 28, 2003
Date Revised:
December 2007
Polic Number:
Classification:
ADM
100
Category:
NOTICE POLICY
Unless otherwise stated in Attachment I, "reasonable notice", shall be
deemed that 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.
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.
04 Notice Content:
04.01 Where notice is required to be given, the notice shall include the following
information, at a minimum:
05 General
a) Outline the authority and/or purpose for the notice.
b) Outline the subject matter of the notice.
c) Set out the applicable notice requirements (i.e. 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 / objections can be made.
Page 5 of 6
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CITY POLICY/PROCEDURE
Approval: Date Originated: Policy Number:
July 28, 2003 Classification: ADM
Reference: Date Revised:
Resolution #113/03 December 2007 Category: 100
By-law 6166/03
Policy Title: NOTICE POLICY
05.01 Nothing in this policy shall prevent the Clerk from using more
comprehensive methods of notice or providing for a longer notice period.
06 Emergency 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.
Page 6 of 6
ADM 100
Minimum Notice Requirements
Appendix I
r Municipal Act, 2001 Description Requirement "-- -Notice Type I Period I Frequency
I Part Section
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.
210,211 Business Improvement Area All requirements to give notice and hold public
meeting remain
N
C)
Municipal Act, 2001 Description Requirement Notice Type I Period I Frequency
Part Section
222 Establish wards No longer a requirement to give notice prior to
passage of by-law establishing wards.
No longer a requirement for a public meeting
prior to passage of by-law establishing wards.
I (Notice of passage of by-law still required after
passage of by-law, and appeal process still in
place)
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"
-
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.
343 Notice of Tax Bill Municipal treasurer still required to send a - At least 21 days before any taxes
tax bill to every taxpayer shown on the tax bill are due
X 348 Tax Status Notice to Tax Payer - By February 28lr 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 newsoaper when necessary.
ADM 100
Minimum Notice Requirements
Appendix I
r'0
---:.
Municipal Act, 2001 Description Requirement Notice Type I Period I Frequency
Part Section
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.
------.--.
357 Cancellation, reduction, refund On or before September 30 of the year - Applicants shall be notified of the
of taxes - Notice Requirement following the year in which the application is meeting by mail sent at least 14
made, council shall hold a meeting at which days before the meeting. Within
all applicants may make representations to 14 days of decision, council shall
council notify the applicants of the
decision and specify the last day
for aooealina.
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.
359(3), (4) I ncrease 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.
ADM 100
Minimum Notice Requirements
Appendix I
N
N
Municipal Act, 2001 Description Requirement Notice Type I Period I Frequency
Part Section
XI 374 Tax Arrears Certificate Notice of Registration as per Section 374(1) - 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
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.
380 (3) Application of Proceeds Notice to Public Guardian and Trustee of 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
Appendix I
r,.)
<..N
~- Description Requirement Notice Type I Period I Frequency
Municipal Act, 2001
Part Section
XII 400 Fees and Charges Notice of intent to pass by-law Notice shall be in compliance with
Regulation 244/02.
Notice Conditons for 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
I 21 days notice to every person
I 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.)
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
I 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"
ADM 100
Minimum Notice Requirements
Appendix I
i'~
~
Municipal Act, 2001 1 Description Requirement Notice Type I Period I Frequency
Part Section
XIV 431 Power of Entry Notice of Proposed entry - Notice to owner either personally
or by prepaid registered mail to
the last known address of the
owner
433 Closing of Premises - Public Notice to Attorney-General - 15-day written notice to the
Nuisance Attorney General to be sent via
reaistered mail.
440 Collection of Licensing fines Notice of unpaid fine - Notice to owner either personally
or by prepaid registered mail to
the last known address of the
owner.
I - Notice to be issued 21 days prior
I I to the final due date and the
Notice shall specify the amount of
the fine payable and final date.
ADM 100
Minimum Notice Requirements
Appendix I
f-0
(Jl
IATTRENTI.!L TO REPORT#SI/O~'01
CITY POLICY/PROCEDURE
, .. . 26
Approval: .' / '
" /"';''''''.', 7.;;.~5;----' .~\
Re e ence:J
Date Originated:
A ril 12, 1999
Date Revised:
'}anuarx.. 13, 2004
~.~-~-. ---.--.....,.
Polic Number:
Classification:
HUR
Category:
040
Subject:
001
Policy Title:
HIRING POLICY
POLICY STATEMENT:
The Corporation of the City of Pickering will, by process of advertisement and competition,
seek to find the most suitably qualified candidates for vacant positions. The Corporation
will first provide its existing employees with the opportunity to compete for all vacant
positions. It is the intention of the Corporation that such candidates shall be attracted,
selected, appointed and placed in compliance with prevailing policies, procedures and
contractual obligations. This Policy is predicated on the principle that merit and the ability
to perform effectively in a position are the primary criteria which should be considered in
making job appointments. In making employment decisions, the Corporation will adhere to
the Ontario Human Rights Code. .
POLICY OBJECTIVE:
The objective of this Policy is to:
1. Establish fair and consistent employment practices.
2. Ensure that vacant positions are filled in a fair and consistent manner, recognizing the
bona fide requirements and characteristics of the position being filled.
3. Ensure compliance with governing legislation, policy and conditions specified by the
Corporation's collective agreement(s) with its unionized employee group{s).
4. Ensure that an adequate range of qualified applicants are attracted for all vacancies.
Page 1 of 1
.... ,. .......... ,,"',#.~. .,...w,.';o;"~"'_rl,'"",*,,-l.lI.~.~t.\Iot!l"'\.il#.~"
!~ ,. 11 ji~
';,- .. ._ n.:
""'#_."~" ".,.,..,' ......,_.,~"'...........H<,:. .
CITY POLICY/PROCEDURE
27
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
GENERAL:
01 Definitions:-
01.01
01.02
01.03
01.04
01.05
01.06
Common-Law Spouse - An adult man or woman who cohabits with a
member of the same or opposite sex in a conjugal relationship outside
of marriage.
Direct Reportino Relationship - A reporting relationship where an
individual has the authority to directly control the activities or work
assignments of another employee (as in a supervisor/subordinate
relationship) .
Immediate Familv - A husband, wife, including common-law spouse,
children, including foster or step children, of an employee. .
Immediate Relative - The parents, brothers, sisters, including foster or
step, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law, grandparents, grandchildren, or any other relative
living with an employee.
Nepotism - Employment preference or other favouritism shown to
immediate family or immediate relatives.
Non-Resident Emplovee - For the purpose of determining relocation
assistance under this POlicy, a non-resident employee is a new
employee who has - been appointed to a position with the City of
Pickering and who does not reside in the City of Pickering, the
surrounding area or within commuting distance of the City.
Page 1 of 16
,. 28
CITY POLICY/PROCEDURE
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
01 Definitions: (Continued)
01.07
01.08
01.09
01.10
01.11
Probationary Period - A set amount of time during which a new
employee appointed to a position must demonstrate the ability to
effectively discharge the full range of duties of the position and during
which the employer may assess the employee's competence and
suitability for the position.
Trial Period - A set amount of time during which an existing employee
appointed to a new position must demonstrate the ability to effectively
discharge the full range of duties of the position and during which the
employer may assess the employee's competence and suitability for
the position.
Criminal Reference Check - A check undertaken through the police
department on individuals to determine whether they have a record of
offences.
Children - From birth to 18 years of age.
Vulnerable Adults - An adult who, for a variety of reasons, may have
difficulty ensuring their own safety and protection. These reasons may
include, but are not limited to, the presence of a physical,
developmental or psychiatric disability or the presence of an emotional
dysfunction requiring treatment or support.
Page 2 of 16
CITY POLICY/PROCEDURE
no
L. '/
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
02 Responsibilities:
02.01 Council to:
Actively support the Hiring Policy.
02.02 Chief Administrative Officer to:
(a) Actively support the Hiring Policy.
(b) Approve any amendments to this Policy.
(c) Approve the filling of all full-time vacancies.
(d) Participate in the selection of candidates for senior
administrative positions as appropriate.
(e) Authorize relocation assistance.
02.03 Department Head to:
(a) Actively support the Hiring Policy.
(b) Identify staffing requirements and work with the Human
Resources Division to provide staffing within their Department.
(c) Review duties and qualifications of vacant positions and
prepare up-to-date and accurate job descriptions.
Page 3 of 16
CITY POLICY/PROCEDURE
30
Approval: Date Originated: I Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
02.03 Department Head to: (Continued)
(d) Review and authorize all staffing actions initiated within their
jurisdiction.
(e) Ensure that all staffing actions within their department are
undertaken in accordance with the intent of this Policy
statement and the procedures set forth.
(f) Participate in the candidate selection process as appropriate.
02.04 Division Head/Supervisor to:
(a) Initiate Employment Requisitions (see Appendix 1) for staffing
within their area of responsibility.
(b) Develop job-related interview questions for review by the
Employment Services Coordinator prior to the interview.
(c) Participate in the candidate selection process.
(d) Complete required documentation after interviews are finalized.
(e) Arrange position orientation for new employee on employee's
first day on the job.
Page 4 of 16
CITY POLICY/PROCEDURE
31
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
02.05 Human Resources Division to:
(a) Prepare Internal Job Postings for job competitions.
(b) . Prepare and arrange for external job advertisements.
(c) Receive and record all job applications and respond to
enquiries.
(d) Develop. competition file to store all related documents and
correspondence.
(e) Review job applications in relation to selection criteria.
(f) Assist client department in the development of interview
questions.
(g) Arrange interviews and notify applicants to be interviewed.
(h) Coordinate and participate in the candidate selection process.
(i) Ensure that interviews and hiring decisions are undertaken in a
fair and consistent manner and in compliance with governing
legislation, policy and terms and conditions in collective
agreement(s).
G) Administer selection tests, and arrange for job-related medical
examinations.
Page 5 of 16
CITY POLICY/PROCEDURE
32
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
02.05 Human Resources Division to: (Continued)
(k) Obtain written authorization to conduct a reference check from
the applicant.
(I) Conduct a minimum of. three (3) employment
reference/credential checks prior to offer of employment.
(m) Make offer of employment to successful applicant.
(n) Provide verbal notification to unsuccessful candidates
interviewed that the vacancy has been filled and confirm by
letter.
(0) Arrange relocation assistance where appropriate.
(p) Provide new employee with benefit orientation and enrollment
on the first day of employment prior to commencement of
duties.
03 Procedures/General Provisions:
03.00 The DepartmenUDivision Head reviews the duties and qualifications of
the vacant position and prepares an up-to-date and accurate job
d escri ption.
03.01 An Employment Requisition is prepared by the Supervisor and
forwarded to Department Head and Chief Administrative Officer for
authorization.
Page 6 of 16
CITY POLICY/PROCEDURE
33
Approval: Date Originated: Policy Number:
April 12. 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
03 Procedures/General Provisions: (Contin~ed)
03.02
03.03
03.04
03.05
03.06
03.07
The Department Head authorizes the Employment Requisition and
forwards to the Human Resources Division.
Human Resources reviews the Employment Requisition and forwards
to the Chief Administrative Officer for final authorization.
Upon receipt of approval from the Chief Administrative Officer, the
Human Resources Division prepares an internal job posting
summarizing typical duties. minimum entry qualifications. salary range
and other relevant information. Notices are distributed by the Human
Resources Division to predetermined locations throughout the
Corporation. Internal postings remain on appropriate bulletin boards
for five working days or for the period stipulated in the collective
agreement(s) where applicable. Internal applicants who have the
required qualifications will be interviewed and considered before
external applicants.
Applicants for vacant positions must submit a current resume detailing
their present qualifications with a covering letter to Human Resources
on or before the closing date of the posting.
Posting and filling of jobs falling within the scope of a collective
agreement will be carried out in accordance with the requirements of
the respective collective agreement.
All non-union job postings may be advertised internally and externally
at the same time in the interests of expediting the filling of a vacancy.
Page 7 of 16
-z. 4
I ti. V
CITY POLICY/PROCEDURE
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
03 Procedures/General Provisions: (Continued)
03.08
03.09
03.10
03.11
03.12
03.13
03.14
03.15
Applications from both internal and external candidates are received
and recorded by the Human Resources Division until the closing date
of the competition. Only in exceptional circumstances will applications
be accepted after the stated deadline.
Human Resources reviews applications received according to
standards identified in the job description. For union positions, Human
Resources will also verify the applicant's seniority date.
The number and names of applicants applying for a posted position
will remain confidential until the expiration of the posting period.
Testing of required knowledge. skills and abilities may form an integral
part of the screening process.
Applications of those candidates short-listed for a position are
forwarded to the hiring department for review and recommendation of
candidates to be interviewed.
The hiring department returns all applications to the Human Resources
Division identifying those candidates to be selected for an interview.
Human Resources reviews selections to ensure they are In
accordance with established hiring practices and procedures.
Human Resources. prepares interview packages comprising the
candidate's resume, interview questions, rating form, current job
description and other relev'ant information for each member of the
Interview Panel.
Page 8 of 16
CITY POLICY/PROCEDURE
t, 35
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
03 Procedures/General Provisions: (Continued)
03.16
03.17
03.18
03.19
03.20
03.21
Human Resources arranges location and time for interviews and
notifies selected candidates accordingly. Upon receipt of notification,
internal candidates selected for an interview will arrange for time off
with their immediate supervisor to attend the interview.
The Interview Panel will consist of at least two representatives, one
from the Human Resources Division and the other from the hiring
department, usually the immediate supervisor.
The Interview Panel recommends a suitable candidate to the
department head.
Upon receipt of department head approval, Human Resources
completes reference/credential checks on the recommended
candidate. If acceptable, Human Resources makes a verbal
conditional offer of employment to the candidate and subject to a
satisfactory pre-employment medical and/or a satisfactory Criminal
Reference Check, later provides written confirmation. The
recommended candidate is requested to provide signed acceptance of
the offer within forty-eight hours of receipt.
Upon verbal acceptance by the candidate, Human Resources will
notify the hiring department of the employee's commencement date. If
an internal candidate has been selected to fill a position, the
. employee's start date in the new position is established through mutual
agreement by the two department heads involved.
Human Resources will notify unsuccessful applicants interviewed that
the position has been filled.
Page 9 of 16
CITY POLICY/PROCEDURE
36
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
03 Procedures/General Provisions: (Continued)
03.22 The successful applicant will report to the Human Resources Division
for benefit enrollment (if not already enrolled) prior to reporting to the
hiring department for job orientation and work assignment.
Page 10 of 16
.011(.4..
I. l. . .
I I
CITY POLICY/PROCEDURE
37
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
Page 11 of 16
CITY POLICY/PROCEDURE
38
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
RECRUITMENT CHECK-LIST (Continued)
Responsibility
Activity
H.R
Department!
Division
9. Arrange for and conduct pre-employment tests
as required. X
10. Arrange for location and time of interview and
make interview appointments. X
11. Prepare interview packages for each member
of the Interview Panel. X
12. Conduct interview with selected applicant(s)
ensuring completion of appropriate documentation. X X
13. Ensure interview documentation is returned to
Human Resources for retention. X
14. Make verbal conditional offer of employment. X
15. Conduct reference/credential/criminal checks in
accordance with established procedures.
Provide written confirmation of offer and obtain
written acceptance within specified time-frame. X
16. Arrange for.job-related medical examination on
completion of conditional employment offer. X
Page 12 of 16
CITY POLICY/PROCEDURE
39
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
RECRUITMENT CHECK-LIST (Continued)
Responsibility
Department!
Division
Activity
H.R
17. Arrange relocation assistance where appropriate.
x
18. Prepare personnel file and arrange for benefits
enrollment and job orientation.
x
19. Provide verbal and written notification to
unsuccessful applicants interviewed.
x
20. Arrange position orientation for new employee
on first day at work.
x
Page 13 of 16
CITY POLICY/PROCEDURE
40
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
04 Non-Discrimination:
In accordance with the Ontario Human Rights Code, the City of Pickering will
provide equal opportunity for employment to all qualified candidates without
discrimination because of race, ancestry, place of otigin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, age, record of offences, marital status,
family status or handicap.
05 Job-Related Medical Examination:
The objective of a job-related medical examination is to ensure that applicants are
medically and physically capable of performing the essential duties of the position
for which they have been given a conditional offer of employment. The medical
examination shall relate to the applicant's physical and/or mental ability to carry out
the essential duties of the job.
05.01 Appointment to full-time and part-time permanent positions with the
City of Pickering will be conditional upon the applicant successfully
completing a job-related medical examination by the City's physician at
the Corporation's expense.
05.02 The medical examination will be arranged by the Human Resources
Division and will only take place after a conditional written offer of
employment has been made to the candidate.
05.03 Job-related medical examinations may also be required of present
employees applying for a transfer to jobs which demand a greater
degree of physical effort or fitness.
Page 14 of 16
~~"bf4
I I
I I -
CITY POLICY/PROCEDURE
41
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
05 Job-Related Medical Examination: (Continued)
05.04 Job-related medical examinations may also be required of non-
permanent employees who are being considered for high risk or high
activity positions.
06 Verification of Credentials:
Successful applicants will be required to submit originals of all degrees, diplomas or
other relevant documents which they claim to hold, to the Human Resources
Division. Copies will be maintained in the employee's personnel file for future
reference.
07 Reference Verification:
Employment references must be completed and documented prior to issuing an
offer of employment. The Employment Services Coordinator conducts all external"
reference checks using a Telephone Reference Check form. Typically this will
involve contact with at least three (3) previous supervisors of an external applicant.
08 The Human Resources Division will obtain written authorization from the candidate
prior to conducting a reference check. Only the references provided by the
candidate on the Employment Reference Consent Form (See Appendix 2) will be
contacted.
09 Unsolicited Applications:
Unsolicited applications for employment will be retained in the Human Resources
Division for a period of six months. Unsolicited applications received by supervisors
and elected officials should be forwarded to the Human Resources Division fn all
instances immediately upon receipt.
Page 15 of 16
CITY POLICY/PROCEDURE
42
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 001
Policy Title: HIRING POLICY
10 Documentation:
In accordance with the administrative requirements set out in the Municipal Freedom
of Information and Protection of Privacy Act, all recruitment and selection related
data is to be retained in the Human Resources Division.
Upon completion of the interview process, interview panel members are required to
return all documentation contained within the interview package to the Human
Resources Division for central filing. Documentation related to the interview and
selection process will be retained within the Human Resources Division for a period
of two years.
Page 16 of 16
CITY POLICY/PROCEDURE
43
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 002
Policy Title: HIRING POLICY
NEPOTISM:
02 The City of Pickering recognizes that all qualified candidates should be provided
with the opportunity to be considered for employment and that family relationships
should not unduly or unfairly restrict an individual's right to seek employment.
opportunities. The fact that a potential employee is related to an existing employee
should neither prejudice nor advance that person's hiring opportunities.
02.01
Any attempts at interference, undue influence or coercion relating to
employment shall be reported immediately to the Chief Administrative
Officer for investigation.
02.02
The hiring of immediate family or immediate relatives of employees is
not appropriate in situations where the related employees would be in
a direct reporting relationship.
02.03
Members of immediate family or immediate relatives shall not
participate in the recruitment, promotion or selection process where a
candidate is an immediate family or immediate relative.
02.04
More than one (1) family member may be employed by The City of
Pickering provided no two (2) members of an immediate family or
immediate relatives are in a direct reporting relationship.
Page 1 of 1
.. 44
CITY POLICY/PROCEDURE
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 003
Policy Title: HIRING POLICY
DRIVER'S LICENCE:
03 Where a position requires a valid driver's licence, the following guidelines will apply:
03.01
03.02
03.03
03.04
07.27.99
03.31.00
The Corporation will determine all jobs within the City where the ability
to drive is an essential requirement of the position. This requirement
will be identified in the job description. .
Applicants for positions which require the ability to drive, will be
required to produce an up-to-date driver's abstract and a valid Ontario
Driver's Licence of the correct class for the vehicle to be driven, only
after a conditional offer of employment has been made.
In September of each year, each department will submit to the Human
Resources Division, a list of those employees required to operate City'
vehicles/equipment or who are required to use their own personal
vehicles in the course of City business.
The Human Resources Division will arrange to have a semi- annual
driver abstract search undertaken for all employees who operate City
vehicles and equipment.
Page 1 of 1
CITY POLICY/PROCEDURE
45
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 004
Policy Title: HIRING POLICY
CONTRACT STAFF:
01 Guidelines:
01.01
01.02
01.03
01.04
01.05
Individuals may be hired on an employment contract basis to perform
specific functions for a specified period of time. Establishment of such
contracts shall not violate the provisions of the City's collective
agreement(s).
Benefits will be provided to contract individuals in accordance with
governing legislation. Additional benefits may be provided as
negotiated between the respective parties.
Contracting of individuals shall be undertaken within the constraints
of departmental budgets or other approved funding and will be subject
to the approval of the Chief Administrative Officer.
Each contract is subject to such terms and conditions as may be
negotiated between the Corporation and the individual contractor.
Contracts will be prepared by the Human Resources Division in
accordance with established format and procedures.
Page 1 of 2
CITY POLICY/PROCEDURE
46
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Referen.ce: Date Revised:
Category: 040
Subject: 004
Policy Title: HIRING POLICY
02 Procedures:
02.01 The responsible department head determines the requirement for
contract staff.
02.02 A written proposal must be submitted to the Chief Administrative
Officer by the responsible department head detailing;
(a) Nature and purpose of the work to be performed.
(b ) Term of the contract.
(c) Recommended rate of pay within established pay range.
02.03
Upon approval by the Chief Administrative Officer, the Human
Resources Division processes the selection request in accordance
with the procedures similar to those identified in Subject 001, Section
3, of this Policy.
02.04
Upon selection of a suitable individual, the Human Resources Division
prepares and executes the Employment Contract. The contractor is
provided with one copy of the signed agreement and the original shall
be retained in the Human Resources Personnel File.
Page 2 of 2
CITY POLICY/PROCEDURE
47
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 005
Policy Title: HIRING POLICY
RELOCATION ASSISTANCE:
01 Relocati.on assistance ensures that a qualified applicant will not be
prevented from accepting employment with the City of Pickering because
of the expense of relocation when:
01.01 The position is a key senior managerial position for which
there is no suitably qualified applicant available within the
City of Pickering or in the immediate vicinity.
01.02 It is mandatory that the position be filled as quickly as
possible.
01.03 The department head recommends, and the Chief
Administrative Officer concurs, that such recruitment
incentive is appropriate in the specific circumstances.
. 02 The City of Pickering may assist newly appointed non-resident employees
with relocation assistance upon written acceptance of an offer of
employment.
03 The Corporation will recover on a pro-rata basis, any relocation assistance
paid to an employee who resigns or is terminated from employment for
just cause within twenty-four (24) months of commencement of
employment. Relocation assistance may include both moving expenses
and relocation expenses.
Page 1 of 5
CITY POLICY/PROCEDURE
48
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 005
Policy Title: HIRING POLICY
04 Definitions:
04.01 Movinq Expenses:
The reasonable costs of packing, unpacking, cartage and
freight of an employee's household effects to the City of
Pickering. It will be incumbent upon the prospective
employee to provide to the employer three (3) estimates on
moving costs prior to authorizing final arrangements.
04.02 Relocation Expenses:
(a) The cost of public transportation (air, rail, bus) of an
employee and immediate family to the City of
Pickering.
(b) Includes the cost of gas, meals and hotel
accommodation for the employee and immediate
family if travelling is completed by automobile to the
City of Pickering.
(c) Accommodation and meals at a local hotel for a
period of not more than fourteen (14) days to allow
the employee to make accommodation
arrangements.
Page 2 of 5
CITY POLICY/PROCEDURE
49
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 005
Policy Title: HIRING POLICY
05 Responsibilities:
05.01 Chief Administrative Officer to:
(a) Approve, where appropriate, relocation assistance
requests.
(b) When it has been determined that no suitably
qualified applicant is available locally, determine the
level of assistance, if any, to be offered.
(c) Determine, within the framework of this Policy, the
amount of assistance to be provided prior to the
employee incurring expenses associated with the cost
of relocation.
05.02 Human Resour.ces to:
(a) Obtain written acceptance of employment offer from
employee.
(b) Advise new employee in writing that relocation
assistance will be made available and the level of
assistance to be provided.
(c) Arrange relocation assistance where appropriate.
Page 3 of 5
_OU,4.
'.1.
.. i!
CITY POLICY/PROCEDURE
r ()
J _
[ Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 005
Policy Title: HIRING POLICY
05.02 Human Resources to: (Continued)
(d) Obtain required receipts from the employee, verify
amounts claimed, obtain approval from the Chief
Administrative Officer, and forward approved
documentation to the Corporate Services Department
for reimbursement.
05.03 Corporate Services Department to:
(a) Verify all claims to ensure they have been submitted
and approved in accordance with this Policy.
(b) Reimburse approved claims to the employee.
05.04 Emplovee to:
(a) Accept the level of assistance offered at the time of
appointment and sign Relocation Expense Service
Agreement (See Appendix 3).
(b) Signify acceptance of offer of employment in writing.
(c) Submit estimates from three independent moving
companies for approval.
(d) Obtain requisite receipts and other documentation to
substantiate relocation expenses.
Page 4 of 5
CITY POLICY/PROCEDURE
51
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 005
Policy Title: HIRING POLICY
05.04 Emplovee to: (Continued)
(e) Submit a detailed statement of incurred expenses
and receipts to the Human Resources Division upon
commencement of employment.
Page 5 of 5
CITY POLICY/PROCEDURE
52
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 006
Policy Title: HIRING POLICY
PROBATIONARyrrRIAL PERIODS:
01 The City of Pickering recognizes the importance of a period of evaluation
for employees appointed to positions as a result of competition, promotion
or transfer. Permanent appointments to all positions within the City shall
be subject to satisfactory performance during the probationary/trial period.
01.01 Unionized employees will serve a probationary/trial period in
accordance with the provisions of the Corporation's
collective agreement(s) with its unionized employee
group(s).
01.02 The standard probationary/trial period for non-union
employees of the Corporation shall be six working months.
Any single period of absence during the probationary period
in excess of 5 working days, for any reason, shall be added
to the probationary period.
02 Responsibilities:
02.01 Department Head to:
(a) Assess in writing the job performance of those
employees under his/her supervision, who are serving
a probationary/trial period.
(b) Prepare probationary performance assessments for
those employees under his/her direct supervision, in
accordance with established procedures.
Page 1 of 4
CITY POLICY/PROCEDURE
53
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 006
Policy Title: HIRING POLICY
02 Responsibilities: (Continued)
02.02 Supervisor to:
(a) Formally assess the job performance of those
employees under his/her supervision who are serving
a probationary/trial period.
(b) Provide ongoing supervision to new employees and
apprise employees of performance feedback relative
to job requirements.
(c) Prepare probationary performance assessments for
those employees under his/her direct 'supervision, in
accordance with established procedures.
(d) Provide warnings of insufficient performance, as
appropriate, and assist the employee in designing a
method to overcome performance deficiencies.
(e) Consult with Union, as appropriate, if employment
performance during the probationary/trial period
necessitates further evaluation and obtain written
agreement to extension.
Page 2 of4
54
CITY POLICY/PROCEDURE
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 006
Policy Title: HIRING POLICY
02.03 Human Resources Division to:
03 Procedures:
03.01
03.02
03.03
(a) Forward the Performance Appraisal Document for
ProbationaryfTrial employees (See Appendix 4) to
department heads for completion.
(b) Provide employee with confirmation of appointment in
new position.
Human Resources forwards the Performance Appraisal
Document for Employees Serving ProbationaryfTrial Periods
to department heads for completion.
During the probationary/trial period, the supervisor meets
with the employee on a regular basis and reviews the
employee's performance relative to the requirements of the
position. The immediate supervisor communicates the job
duties, including responsibility, authority, the level of
performance expected, and the way in which job
performance will be measured.
The supervisor reviews the Performance Appraisal
Document with the employee and evaluates performance on
the basis of the performance validation factors identified in
the documentation. The employee is provided with an
opportunity to comment on the evaluation undertaken.
Page 3 of 4
CITY POLICY/PROCEDURE
55
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 006
Policy Title: HIRING POLICY
03 Procedures: (Continued)
03.04 The supervisor completes the Performance Appraisal
Document prior to the end of the probationary/trial period,
obtains department head signature and forwards the
document to the Human Resources Division. At least a
'competent' standard must be achieved for the employee to
be confirmed in the position.
03.05 Following receipt of the documentation, Human Resources
will confirm the employee in the position.
Page 4 of 4
CITY POLICY/PROCEDURE
II .
',- ,/
::)lO
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 007
Policy Title: HIRING POLICY
CRIMINAL REFERENCE CHECK:
01 The City of Pickering recognizes the importance of ensuring the personal
safety and well being of its employees and the safety and well-being of
those members of the community who are receiving services. The City
will undertake a Criminal Reference Check for all full-time and part-time
volunteers and potential candidates for employment who will, as a result
of their positions, have direct contact with children or vulnerable adults,
handle cash, occupy a position of trust, financial or otherwise, or who may
be required to enter private residences as a job requirement.
02 This Policy applies to the following categories of employees [removed (f)
specialized service transit operators - Jan 13/04]:
(a) Firefighters;
(b) Aquatic staff;
(c) Cashiers;
(d) Recreation Program staff;
(e) Facilities staff;
(f) Other staff, where in the opinion of the department head,
the responsibilities of the position require interaction with
children, vulnerable adults, entry into private residences,
or occupy a position of trust, financial or otherwise.
This Policy also applies to those individuals having direct contact with
children or vulnerable adults on a volunteer basis.
Page 1 of 5
CITY POLICY/PROCEDURE
57
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 007
Policy Title: HIRING POLICY
03 Guidelines:
03.01 Criminal Reference Checks shall be carried out in
accordance with the Ontario Human Rights Code. The
Code prohibits discrimination on the basis of a person's
record of offenses which is defined as:
(a) An offense in respect of which a pardon has been granted
under the Criminal Records Act and has not been revoked;
or
(b) An offense in respect of any provincial enactment.
A record of offenses does not include a conviction under the Criminal
Code, Narcotics Control Act, Food and Drug Act or Federal Criminal
Enactment for which a pardon has not been granted or for which a pardon
has been granted and revoked. (revised for clarity- Jan 13/04J
03.02
Offers of employment, both verbal and written, or
appointment to any position within the categories listed
above, will be conditional on the successful candidate
providing a satisfactory Criminal Reference Check prior to
the offer of employment being finalized. [revised for clarity - Jan
13/04J
03.03
In accordance with Section 14(4)(b) of the Municipal
Freedom of Information and Protection of Privacy Act, the
successful candidate or volunteer is required to authorize
the disclosure of criminal reference information to the City in
the form of a "Criminal Reference Check Consent Form".
(See Appendix 5)[revised for c1arity- Jan 13/04J
Page 2 of 5
~~
~
58
CITY POLICY/PROCEDURE
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 007
Policy Title: HIRING POLICY
03 Guidelines: (Continued)
03.04
03.05
03.06 .
The successful candidate or volunteer is notified during the
verbal offer of employment that a Criminal Reference Check
is to be submitted to Human Resources within ten (10)
working days of the date of the written conditional offer of
employment. [ previously 03.07, revised for clarity - Jan 13/04J
If Human Resources does not receive the Criminal
Reference Check within ten (10) working days of the written
conditional offer of employment, Human Resources may
conduct one telephone reminder to the successful candidate
or volunteer, on the date the Criminal Reference Check was
to have been received. The successful candidate or
volunteer is advised that if the Criminal Reference Check is
not submitted to Human Resources in the next two (2)
working days, the conditional offer of employment might be
withdrawn. If the successful candidate or volunteer does not
submit the Criminal Reference Check on the second working
day following the telephone reminder, the conditional offer of
employment might be withdrawn after consideration by the
City of any acceptable reasons the successful candidate or
volunteer might provide for his/her failure to adhere to the
established timeline. [new-Jan 13/04J
The successful candidate or volunteer will not be permitted
under any circumstances, to commence employment, or
participate in any business or workplace activity until a
satisfactory Criminal Reference Check is received by
Human Resources. [new- Jan 13/04J
Page 3 of 5
_1'/qO/
I.,
. I f - .
CITY POLICY/PROCEDURE
rg
,) .
Approval: Date Originated: Policv Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 007
Policy Title: HIRING POLICY
03 Guidelines: (Continued)
03.07
03.08
03.09
When a satisfactory Criminal Reference Check is received
within the established timeline, Human Resources advises
the hiring Department or Division of its receipt by email.[new-
Jan 13/04J
When a successful candidate or volunteer fails to adhere to
the established timeline and the City decides to withdraw the
conditional offer of employment, Human Resources will
advise the successful candidate or volunteer by telephone
immediately following the City's decision to withdraw the
conditional offer of employment. Human Resources will
confirm the withdrawal in writing to the successful candidate
or volunteer and consideration will be given to other suitably
qualified candidates. [new- Jan 13/04J
Where a Crimil")al Reference Check indicates offences have
occurred, the Division Head, Human Resources will consult
with the department head in reaching a decision. In the
case of a criminal conviction for which the candidate has
received a pardon which has not been revoked, the final
decision for eligibility of employment will depend upon
whether there is a bona fide occupational requirement of the
job and whether the nature of the offense is inconsistent with
the candidate being able to fulfill the essential duties of the
position. [previously 03.04, revised for clarity- Jan 13/04J
Page 4 of 5
-
60
CITY POLICY/PROCEDURE
Approval: Date Originated: Policy Number:
April 12, 1999 Classification: HUR
Reference: Date Revised:
Category: 040
Subject: 007
Policy Title: HIRING POLICY
03 Guidelines: (Continued)
03.10
03.11
03.12
03.13"
The presence of a criminal record will not automatically
result in withdrawal of a conditional offer of employment.
The Criminal Reference Check will form only one
component of the hiring decision and will be considered
along with the applicant's employment references and the
results of the job interview. [previously 03.08, revised for clarity-
Jan 13/04]
Should the Criminal Reference Check reveal that the duties
of the job and the criminal conviction directly relate and a
risk is established to the City, the conditional offer of
employment will be withdrawn and the applicant advised
both verbally and in writing. [previously 03.09, revised for clarity-
Jan 13/04]
Potential candidates will be responsible for obtaining the
Criminal Reference Check. All costs involved in obtaining
this information will be borne by the City of Pickering.
[previously 03.06 - Jan 13/04]
All information collected through a Criminal Reference
Check is strictly confidential. This information will be
maintained separately from the employee's personnel file
and the Human Resources Division will document that a
Criminal Reference Check has been completed. [previously
03.10 - Jan 13/04]
Page 5 of 5
HUR-040-001
APPENDIX 1
CITY OF PICKERING
EMPLOYMENT REQUISITION
61
Department: Division:
Position Title: Pay Grade
New 0 Existina 0
Start Date: (anticipated) End Date: (If applicable)
Affiliation: Non-Union: 0 I CUDe 129: 0 I PPFA: 0
Type: Permanent: o I Relief: 0 I Term: 0 I Temporary 0
(Of whom)
Employee Hours: Full-Time 0
Part-Time 0
KEY POSITION REQUIREMENTS: i.e. special credential, shift work, physical demands, environment etc.
Additional Information:
AUTHORIZATIONS:
Initiated By:
Date:
Immediate Non-Union Supervisor
Endorsed By:
Date:
Department Head
Reviewed By:
Date:
Human Resources
Approved By:
Date:
Chief Administrative Officer (For all Permanent Full-Time Positions)
For HR. Use Only
Posted on: External Advertisina: 0
Position Filled By: External: 0 Internal: 0
Date of Hire: Pay Grade: SteD:
ProbationlTrial Period:
Additional
Information
Employment Services Coordinator Date
Distribution: Human Resources Division
Originator
Page 1 of 1
.'bf4.
'.'
I
HUR-040-001
APPENDIX 2
62
THE CITY OF PICKERING
EMPLOYMENT REFERENCE CONSENT FORM
RE: VACANT POSITION
POSITION
TITLE:
NO.
POSITION
In accordance with Section 29 (1)(a) of the Municipal Freedom of Information
and Protection of Privacy Act, I,
,
hereby authorize the City of Pickering to contact the following for the purpose of
obtaining reference information:
Name
Title
Organization
and Telephone Number
1.
2.
3.
4.
List of references attached 0
Signed
at:
this
day
19
Signature
Page 1 of 1
HUR-040-001
APPENDIX 3
THE CITY OF PICKERING
63
RELOCATION EXPENSE SERVICE AGREEMENT
MEMORANDUM OF AGREEMENT MADE THIS
AD. 19
DAY OF
BETWEEN: The Corporation of the City of Pickering (hereinafter referred to as
"the City").
-AND-
WHEREAS
is (or was) a resident in the City
Province (State) of
AND WHEREAS
has agreed to accept employment
as a
with the City.
NOW THEREFORE the parties covenant and agree as follows:
1.. The City agrees to pay relocation expenses in
an amount to be later determined, for relocating to the City of Pickering.
2. agrees, in consideration of the payment of
such relocation expenses, to be employed exclusively by the City for a
minimum of two (2) years.
3. In the event voluntarily leaves the employ of the
City prior to the expiration of the two (2) years,
agrees to forthwith reimburse the City for a
propqrtionate part of the relocation expenses paid by the City pursuant to
this agreement. Such proportionate part shall be determined by the
relation that the time necessary to complete two (2) years' service bears
to the said two (2) year period.
Page 1 of 2
64
4.
and
HUR-040-001
APPENDIX 3
The words "relocation expense" used herein means and includes all
expenses as have been agreed between the parties prior to the execution
of this agreement.
5.
If the City severs or terminates the employment relationship at any time
during the two (2) years referred to herein, any outstanding balance yet to
be paid is forgiven by the City and there shall be no amount due and
owing between the parties.
IN WITNESS WHEREOF the City has affixed its proper seal in this regard
sets his/her hand and seal this
day of
, A.D. 19
The Corporation of the City of Pickering
Chief Administrative Officer
Division Head, Human Resources
Witnes!?
Employee
Page 2 of 2
l-iUR-040-001
.APPENDIX 4
The Corporation of the City of Pickering
PERFORMANCE APPRAISAL DOCUMENT
65
For Emplovees servin a a ProbationarvlTrial Period
Date: Department:
Employee's Surname; First Name:
Position Tille: Date of Hire:
To be completed bv Imme late supervisor:
PERFORMANCE VALIDATION FACTORS I. UN$ATISFACTORV I ST:;~~~D I COMPETENT I ABOVE SUPERVISOR'S COMMENTS:
STANDARD STANDARD
1, JOB KNOWLEDGE: How well the employee D D D D (use additional page if needed)
demonstrates an understanding of the
fundamentals, techniques, and procedures on
the job: the extent of job knowledge and the
work related to it.
2. QUALITY OF WORK: The extent to which Ihe D D D D
employee can be relied on to follow
instructions and complete all assigned tasks
according to the standards expected: the
deoree to which work must be checked.
3. QUANTITY OF WORK: The speed at which D D D D
work is accomplished in relation to the
standard expected in the job; the volume of
work produced.
4, PLANNING: The ability to establish feasible D 0 0 0
timetables and anticipate possible problems
and obstacles to reachino reauired results.
5. ORGANIZING: rhe ability to group and D D D D
arrange activities to minimize confusion and
inefficiencies in work operations.
6. ADAPT ABILITY: How well the employee is D D D D
able to adjust to all the varying requirements
of the job. ~
7. LEADERSHIP (if applicable): The ability to 0 D D D
influence/inspire others, delegate effectlveiy,
and motivate others toward ooal achievement.
8. COMMUNICATION: How well the employee D 0 D D
listens effectively, and speaks/writes with
claritv and conciseness.
9, NETWORKING: The abiiily to estabIJsh D D 0 0 EMPLOYEE'S COMMENTS:
channels of communication; the willingness of (use additional page if needed)
the employee to share knowledge, services
and needed information with co-workers and
supervisors,
10. TEAMWORK: How well the employee works D D D D
and interacts with co-workers and supervisors
to accomplish results; the readiness to try out
new ideas and methods, and the degree of
responsiveness when special effort is
reouested,
11. TRAINING AND DEVELOPMENT: How well 0 D 0 0
the employee responds to opportunities to
increase the level or range of skills to improve
current and future 'ob oerformance.
12. CUSTOMER SERVICE: How well 0 D D 0
internal/extemal customers are treated,
assisted, and served; the degree of effort the
employee makes to meet customer
expectations and enhance the customer's
aerception of the departmenUoraanization,
13. ~ The extent to which the employee D D D D
demonstrates safe work practices and the
inclination to follow safet\. rules,
14, ATTENDANCE/PUNCTUALITY: The extent 0 0 D D
to which the employee can be depended on to
attend work regUlarly and on time.
OVERALL ASSESSMENT: .... I D D D 0
...
1. Unsatisfactory consistently fails to meet standards and job PLEASE CHECK:
requirements D
First review after 15 days
2. Below Standard frequently does not meet standards and job D
requirements Second review after 35 days
3. Competent Standard consistently meets standards and job requirements 0 Third review after 50 days
0 0 Continued probationary
4. Above Standard meets standards and job requirements and yes no recommended (extension requires Union's
frequently exceeds them written agreement)
D Final Review Date:
d'
Employee's Signature
Date
Department Head's Signature
Date
Supervisor'S Sianature
Date
Coordinator, Employment Services Signature
Date
HUR-040-001
APPENDIX 5
66
THE CITY OF PICKERING
CRIMINAL REFERENCE CHECK CONSENT FORM
I hereby consent and authorize the Police to
release criminal record information to the City of Pickering and I. hereby release
the Police, its agents and assigns, from any liability for
such disclosure.
Date:
Signature:
Signature of Witness:
Page 1 of 1
Analysis of Bill 130 Impacts on Notice-Related Provisions of the Municipal Act
I ATTACHMENT # 5 TO REPORT # CRo 0/ -07
67
Section 34
Section 34
Highway Closing Procedures
REPEALED AND SUBSTITUTED
Section 36
Notice requirement removed
REPEALED
Section 37
Notice Requirement removed
Closure of access to controlled-access
highway
Section 47
REPEALED
Change/naming of highway
Section 48
Therefore, no longer a notice requirement
Section 48
Change/naming of private roads
NO CHANGE
Section 81
Notice requirement still in Act
Section 81
Shut Off of Public Utility
AMENDED
Section 99
Municipality still required to provide reasonable notice to the owners or occupants
of land by personal service or prepaid mail or by posting the notice on the land in a
conspicuous place.
Section 99
By-law - advertising devices
REPEALED AND SUBSTITUTED
Subsection 110(8)
Notice requirement removed
Subsection 110(8)
Agreements for municipal capital
facilities
NO CHANGE
-Notice of Tax Exemption By-law
Upon passing of tax exemption by-law, the clerk of the municipality still required to
give written notice of the contents of the by-law to:
e) the assessment corporation
f) 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
g) the secretary of any school board if the area of jurisdiction of the board includes
the land exempted by the by-law.
Section 144
NO SUBSTANTIVE DIFFERENCE
Power of Entry exercised
Notice re: Power of Entry must be given:
. To occupier of land
. Within reasonable time before power of entry exercised
. By personal service, in respect of room or place used as personal dwelling
. By personal service or prepaid mail or posting, in other circumstances
tgalYSiS of Bill 130 Impacts on Notice-Related Provisions of the Municipal Act
Section 150
REPEALED AND SUBSTITUTED
General Licensing Powers
Section 157
Registry of Busi nesses
Section 173
Restructuring Proposal
Section 187
Change of name of municipality
Sections 210, 211
Business Improvement Area
Section 216
Dissolution of Local Boards
(excluding Police Services Board)
Section 217(2)
Notice of Intention to Pass a By-law to
Change Composition of Council of Local
Municipality
Section 219(1)
Notice of Intenticn to Pass a By-law to
Change Composition of Council of Upper
Tier Municipality
Section 222
Establishment of Wards
Notice requirement removed
Requirement for Public Meeting removed.
REPEALED
No longer a specific provision for Registry of Businesses, therefore:
Notice requirement removed
Requirement for Public Meeting removed
Section 173
SUBSECTIONS REPEALED AND SUBSTITUTED, however
Council still required to give notice of and hold at least one public meeting.
Section 187
SUBSECTIONS REPEALED AND SUBSTITUTED
Notice requirement removed
Requirement for public meeting removed
Sections 210, 211
NO CHANGE
All requirements to give notice and hold public meeting remain.
Section 216
REPEALED AND SUBSTITUTED
Notice requirement removed
Municipality no longer required to give notice of its intention to the local board.
REPEALED
Notice requirement removed
Requirement for public meeting removed
Subsection 219(1)
AMENDED
Council of Upper Tier Municipality still required to give notice of intention to pass
by-law and hold at least one public meeting.
SUBSECTIONS REPEALED AND SUBSTITUTED
No longer a requirement to give notice prior to passage of by-law establishing
wards.
No longer a requirement for a public meeting prior to passage of by-law
establishing wards.
(Notice of passage of by-law still required after passage of by-law, and appeal
process still in place)
Analysis of Bill 130 Impacts on Notice-Related Provisions of the Municipal Act
69
Section 238
Section 238
Procedural By-laws
SUBSECTIONS AMENDED, ADDED AND REPEALED AND SUBSTITUTED
Notice requirement in Subsection 238(4) removed - no longer a requirement to
give notice of intention to pass a procedural by-law.
Section 251
However, subsection 238(2.1) requires procedure by-law to provide for notice of
meetings.
TO BE REPEALED ON A DATE TO BE PROCLAIMED
Notice
Section 270(1) para. 4. will addresse notice requirements when Section 251 is
repealed. Municipalities will presumably be able to determine in that policy not
only the form, manner and times for reasonable notice, but also the circumstances
in which notice is to be provided to the public unless where otherwise specified by
legislation.
REPEALED
Section 268
Sale of Land Procedures
Notice requirement removed for Public Sale of Land.
Section 291
Now covered under Section 270(1) para. 1 (Policies with respect to the sale and
other disposition of land); and Section 270(1) para. 4(Policies with respect to
Notice)
AMENDED AND SUBSTITUTED (EFFECTIVELY REPEALED)
Budget - Adopt or Amend
Notice requirement removed.
Section 295
No longer a requirement to give notice of intention to adopt or amend the budget
at a Council meeting.
Section 295
Financial Statements - Publication
NO CHANGE
Section 300
Municipality still required to publish notice in newspaper copy of audited financial
statements within 60 days after receiving the audited financial statements of the
municipality for the previous year.
REPEALED
Improvements in Service
Therefore, municipality no longer required to provide, at least once each calendar
year, notice to the public of:
a)improvements in the efficiency and effectiveness of the delivery of services by
the municipality and its local boards; and,
Section 331
b) barriers identified by the municipality and its local boards to achieving
improvements in the efficiency and effectiveness of the delivery of services by
them.
Section 331
Taxes on Eligible Properties
NO CHANGE
The municipality shall mail to the owner of each eligible property the list of
comparable properties, along with the municipality's determination of taxes, within
60 days after the date the list of comparable properties is received by the
municipality.
Analysis of Bill 130 Impacts on Notice-Related Provisions of the Municipal Act
70
Section 343
Section 343
Notice of Tax Bill
Section 348
Determination of Tax Status
Section 351
Seizure personal property - Public
Auction
Subsection 356(12)
Division of Land into Parcels-Notice
Requirement
Subsection 357(6)
Cancellation, reduction, refund of taxes
- Notice Requirement
Subsection 358(10)
Overcharges caused by a gross or
manifest error - Notice Requirement
Subsections 359(3)(4)
Increase of Taxes as a result of any
undercharge caused by a gross or
manifest error - Notice Requirements
NO CHANGE
Municipal treasurer still required to send a tax bill to every taxpayer at least 21
days before any taxes shown on the tax bill are due.
Section 348
NO CHANGE
Municipal treasurer still required to send to every taxpayer who owes taxes from a
preceding year a notice of those taxes and of the related late payment charges.
Section 351
NO CHANGE
Subject to certain conditions, the treasurer may seize personal property to recover
the taxes and costs of the seizure. The treasurer or the treasurer's agent shall give
the public notice of the time and place of the public auction and of the name of the
person whose personal property is to be sold.
Subsection 356(12)
NO CHANGE
On or before September 30 of the year following the year in which the application
is made, council shall hold a meeting to consider the issue. Applicants and owners
of any part of the land shall be notified of the meeting by mail sent at least 14 days
before the meeting. Within 14 days of making its decision, council shall notify the
applicants and owners of the decision and specify the last day for appealing.
Subsection 357(6)
NO CHANGE
On or before September 30 of the year following the year in which the application
is made, council shall hold a meeting at which all applicants may make
representations to council Applicants shall be notified of the meeting by mail sent
at least 14 days before the meeting. Within 14 days of decision, council shall notify
the applicants of the decision and specify the last day for appealing.
Subsection 358(10)
NO CHANGE
On or before September 30 of the year following the year in which the application
is made, council shall hold a meeting at which all applicants may make
representations to council. The applicant shall be notified of the meeting by mail
sent at least 14 days before the meeting.
Subsections 359(3)(4)
NO CAHNGE
The Council shall hold a meeting at which the treasurer and the person in respect of
whom the application is made may make representations to council. The council
Analysis of Bill 130 Impacts on Notice-Related Provisions of the Municipal Act
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shall notify the parties of the meeting by mail sent at least 14 days before the
meeting. Within 14 days of making its decision, council shall notify the parties of
the decision and specify the last day for appealing the decision.
Subsection 374(1)
Subsection 374(1)
Notice of Registration of tax arrears
certificate - Notice Requirements
Subsection 379(1)
Public Sale (tax arrears certificate)-
Notice Requirement
Clause 400(f)
Regulations - re: Prescribed Notice of
Fees and Charges By-law
Section 433
Closing premises, Public Nuisance-
Notice to Attorney General
Section 440
Collection of unpaid licensing fines
REPEALED AND SUBSTITUTED
Within 60 days after the registration of a tax arrears certificate, the treasurer shall
send a notice of the registration of the certificate to various specified parties.
The effect of the amendment is to amend the parties required to receive notice.
Subsection 379(1)
NO CHANGE TO NOTICE REQUIREMENT - OTHER PROVISIONS AMENDED
If the cancellation price remains unpaid 280 days after the day the tax arrears
certificate is registered, the treasurer, within 30 days after the expiry of the 280-
day period, shall send to the persons entitled to receive notice under section 374 a
final notice 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 certificate.
Clause 400(f)
NO AMENDMENTS
Subsection 447(3)
NO CHANGE
Upon the application of a municipality, where activities or circumstances constitute
a public nuisance, the Superior Court of Justice may make an order that the
premises be closed. The municipality must give 15 days notice of its intention to
make an application to the Attorney General.
Section 441
NO SUBSTANTIVE DIFFERENCE
If any part of a fine for a contravention of a licensing by-law passed under this Act
remains unpaid after the fine becomes due and payable under section 6 of the
Provincial Offences Act the authorized officer may give the person against whom
the fine was imposed a written notice specifying the amount of the fine payable
and the final date on which it is payable, which shall be not less than 21 days after
the date of the notice.