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CITY POLICY/PROCEDURE
Approval%
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Date Originated:
my 28, 2003
Policy Number:
Classification:
ADM
Reference:
Resolution #113/03
By-law 6166/03
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Da�evised:
December 4
7
Category:
100
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
Approval:
Date Originated:
July 28, 2003
Policy Number:
Classification:
ADM
Reference:
Resolution #113/03
By-law 6166/03
Date Revised:
December 2007
Category:
100
Policy Title:
NOTICE POLICY
GENERAL:
01 Definitions:
01.01 Emergency — means an unexpected matter that may arise which is
considered to be of an urgent or time sensitive nature or which could
affect the health or well-being of the residents and may prevent the City
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
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CITY POLICY/PROCEDURE
Approval:
Date Originated:
July 28, 2003
Policy Number:
Classification:
ADM
Reference:
Resolution #113/03
By-law 6166/03
Date Revised:
December 2007
Category:
100
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, Marketing 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
Approval:
Date Originated:
July 28, 2003
Policy Number:
Classification:
ADM
Reference:
Resolution #113/03
By-law 6166/03
Date Revised:
December 2007
Category:
100
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 Timing:
03.01 The Municipal Act, S.O. 2001 requires the City to give notice respecting
several matters. The means of giving notice may be set by Municipal
Policy, may be set out in the Act that requires the notice to be given, or
may be prescribed by Minister's Regulation.
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
CITY POLICY/PROCEDURE
Approval:
Date Originated:
July 28, 2003
Policy Number:
Classification:
ADM
Reference:
Resolution #113/03
By-law 6166/03
Date Revised:
December 2007
Category:
100
Policy Title:
NOTICE POLICY
03.03 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.
03.04 Attachment I is a chart detailing the Minimum Notice Requirements which
shall be provided by the City.
03.05 Where a notice is issued using more than one medium, every attempt
shall be made to issue notices at the same time.
03.06 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
CITY POLICY/PROCEDURE
Approval:
Date Originated:
July 28, 2003
Policy Number:
Classification:
ADM
Reference:
Resolution #113/03
By-law 6166/03
Date Revised:
December 2007
Category:
100
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
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Notice Type / Period / Frequency
- Written notice to parties identified
- City Website — "Public Notices"
- Notice to owner either personally
or by prepaid registered mail to
the last known address of the
owner.
- Timing of notice to be in
accordance with the order given.
Requirement
Upon the passing of a by-law under
subsection (6), the clerk of the municipality
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
A notice stating that if the work is not done
in compliance with the order within the
period it specifies, the municipality may
have the work done at the expense of the
owner.
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.
All requirements to give notice and hold public
meeting remain
Description
Tax Exemption by-law
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Part I Section
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Notice Type / Period / Frequency
- Published in the newspaper within
60 days of receipt of the audited
financial statements.
- City Website — "Public Notices"
and "Finance Tax"
- Within 60 days after the date the
list of comparable properties is
received by the municipalities the
City shall mail (via first-class mail)
to the owner of each eligible
property the list of the comparable
properties and the determination
made.
- At least 21 days before any taxes
shown on the tax bill are due
- By February 28`" 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.
- Published at least once in the
newspaper when necessary.
Requirement
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
• lace
Notice that information is available
When eligible properties as defined in
331(20) are added to the roll (ie. Properties
with additional assessments; properties that
cease to be exempt; properties that are
added to the roll be severance; or
properties for which there is a change in
classification)
Municipal treasurer still required to send a
tax bill to every taxpayer
Notice to Tax Payer
Notice of Public Auction and Notice of taxes
due
Description
Establish wards
Publication of Financial
Statement
Taxes on eligible property
(Industrial & Commercial)
Notice of Tax Bill
Tax Status
Seizure of Assets for unpaid
taxes
Municipal Act, 2001
Part Section
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Notice Type / Period / Frequency
- 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.
- 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.
- 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.
- With respect to applications filed
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.
Requirement
Notice of decision
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
Notice to applicant
Notice to Treasurer and affected person of
meeting
Description
Dividing land for sale
Cancellation, reduction, refund
of taxes — Notice Requirement
Cancel, reduce or refund taxes
Increase taxes
Municipal Act, 2001
Part Section
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Notice Type / Period / Frequency
- 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.
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.
- 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.
Within 60 days after making a
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).
Requirement
Notice of Registration as per Section 374(1)
As per section 374(1)
Notice of public sale
Notice to Public Guardian and Trustee of
payment of proceeds
Description
Tax Arrears Certificate
Tax Arrears — Final Notice
Public Sale
Application of Proceeds
Municipal Act, 2001
Part Section
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Notice Type / Period / Frequency
- Notice to owner either personally
or by prepaid registered mail to
the last known address of the
owner
- 15 -day written notice to the
Attorney General to be sent via
registered mail.
- Notice to owner either personally
or by prepaid registered mail to
the last known address of the
owner.
- Notice to be issued 21 days prior
to the final due date and the
Notice shall specify the amount of
the fine payable and final date.
Requirement
Notice of Proposed entry
Notice to Attorney -General
Notice of unpaid fine
Description
Power of Entry
Closing of Premises — Public
Nuisance
Collection of Licensing fines
Municipal Act, 2001
Part I Section
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