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Home My WebLink AboutCAO 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the Notice Policy ADM 100, as revised and included as Attachment #3 to this report be approved and By-law 6166/03 be repealed in its entirety; 5.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 .') i) L1 '- 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 0-4 Page 4 , . 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 , II . (1 5 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 '... U 8 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 , " '1 9 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 71 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.