HomeMy WebLinkAboutBy-law 6166/03THE CORPORATION Of THE CITY Of PICKERING
BY-LAW NO. 6166/03
Being a by-law for establishing policies
regarding public notification requirements
under the MunicipalAct, 2001. Hereinafter
called the Public Notification By-law.
WHEREAS the Corporation of the City of Pickering is required to give notice under
various sections of the Municipal Act, S.O. 2001;
AND WHEREAS Section 251 of the MunicipalAct, S.O. 2001 requires the City to,
except as otherwise provided in the Act, give notice in a form and in the manner and at
the times that the council considers adequate to give reasonable notice under the
provision;
AND WHEREAS the City deems it expedient to establish a policy to ensure that public
notices are accurate, timely, consistent, and are published by the City in an effective
and relevant medium;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS the following Public Notification Policy as detailed in
Attachment 1.
BY-LAW read a first, second and third time and finally passed this 28th day of July,
2003.
Wayne Arthurs, Mayor
I~e Taylor, Clerk
202
PICKERING
CITY POLICY/PROCEDURE
Approval:
Reference:
Date Originated:
Date Revised:
Policy Number:
Classification: ADM
Category: 100
Subject: 001/001
Policy Title: Public Notification Policy
POLICY STATEMENT:
The Corporation of the City of Pickering is committed to complying with legislative
requirements respecting public notification as stated in the Municipal Act, S.O. 2001 and
related Regulations.
POLICY OBJECTIVE:
The objective of this Policy is to:
2.
3.
4.
Ensure transparent government services which promote public input.
Provide accurate and timely notice to the required audience.
Ensure notification process is consistent.
Ensure all notices published by the City are issued in an effective and relevant medium.
Page I of 1
PICKF, R1NG
CITY POLICY/PROCEDURE
203
Approval:
Reference:
Date Originated:
Date Revised:
Policy Number:
Classification: ADM
Category: 100
Subject: 001
Policy Title: Public Notification Policy
GENERAL:
01 Definitions:
01.01
Emergency - means an unexpected matter that may arise which is
considered to be of an urgent or time sensitive nature or which could
affect the health or well-being of the residents and may prevent the City
from providing the standard public notice. Emergency does not mean an
emergency as defined in and governed by the Emergency Management
Act, R.S.O. 1990, c.E.9, as amended.
01.02
Newspaper- means a printed publication in sheet form, intended for
general circulation, published regularly at intervals of not longer than a
week, consisting in great part of news of current events of general interest
and sold to the public and to regular subscribers.
01.03
Notice - means a written, printed, published, or posted notification or
announcement.
01.04
Published - published in a daily or weekly newspaper that, in the opinion
of the Clerk of the City of Pickering, has such circulation within the City as
to provide reasonable notice to those affected thereby, and "publication"
has a corresponding meaning.
01.05
Website - City of Pickering corporate website, cityofpickering.com,
"Public Notices" section as indicated in the section that provides links to
public notification on the homepage.
02 Responsibilities:
02.01
Council to:
(a) Approve the Public Notification Policy.
(b) Approve amendments to the Public Notification Policy.
Page 2 of 6
"204
PICKERING
cITY POLICY/PROCEDURE
Approval:
Reference:
Date Originated:
Date Revised:
Policy Number:
Classification: ADM
Category: 1 O0
Subject: 001
Policy Title: Public Notification Policy
02.02
02.03
02.04
02.05
(c) Support the Public Notification Policy.
Chief Administrative Officer to:
(a) Support the Public Notification Policy.
(b) Declare, in consultation with the Mayor, when emergency
provisions may be invoked.
Department / Division Head:
(a) Support the Public Notification Policy.
(b) Ensure staff prepare notices within the designated time.
Supervisor, Marketing Research & Communications to:
(a) Support the Public Notification Policy.
(b) Act as City representative with the newspaper.
(c) Coordinate notices to be published in the newspapers.
(d) Follow-up on any misprints.
Website Coordinator:
(a)
(b)
(c)
Support the Public Notification Policy.
Add; maintain and remove notices from the website as requested
by departments responsible for giving notice.
Maintain a record of notices published on the website.
Page 3 of 6
PICI ER1NG
CITY POLICY/PROCEDURE
205
Approval:
Reference:
Policy Title:
Date Originated:
Date Revised:
Policy Number:
Classification: ADM
Public Notification Policy
Category: 1 O0
Subject: 001
O3
Notice Method and Timing:
03.01
The Municipal Act, S.O. 2001 requires the City to give notice respecting
several matters. The means of giving notice may be set by Municipal
Policy, may be set out in the Act that requires the notice to be given, or
may be prescribed by Minister's Regulation.
03.02
Where the Act and Regulations are silent on how notice shall be given, the
standard mediums for issuing a notice may include one or more of the
following:
a)
Letters - for notice to individuals, interested parties, the upper tier
municipality or other level of government. Depending on the notice or
statutory requirement, letters may be hand delivered, or sent via first-
class mail or registered mail, faxed or e-mailed.
b) Newspaper- public notices, notice of intent to pass by-law, notice of
public meeting, property tax installment notices, notice of public sale.
c) Posting - public notices posted on site.
d) Website - public notices, notice of intent to pass by-law, notice of
public meeting, property tax installment notices, notice of public sale.
03.03
Unless otherwise stated in Attachment I, where the Act refers to
"reasonable notice", the City shall give not less than five days or more
than thirty days notice.
03.04
Attachment I is a chart detailing the Minimum Notice Requirements which
shall be provided by the City, including legal requirements, medium,
notification period, and frequency of notice.
Page 4 of 6
206
PICKER1NG
CITY POLICY/PROCEDURE
Approval:
Reference:
Date Originated:
Date Revised:
Policy Number:
Classification: ADM
category: 100
Subject: 001
Policy Title: Public Notification Policy
04
05
03.05
Where a notice is issued using more than one medium, every attempt
shall be made to issue notices at the same time.
03.06
In the event that the server fails and the website notices are interrupted,
every attempt shall be made to reinstate the service. Notices, which were
issued also by way of an additional medium, shall be deemed not affected
by the server interruption. However, for notices which are solely issued
via the website, if there is an interruption in service, staff shall take
reasonable steps to attempt to ensure that the minimum notice
requirement as stated in 03.03 of this Policy is upheld.
Notice Content:
04.01
Unless otherwise prescribed in the Act or regulations, where notice is
required to be given, the notice shall include the following information, at a
minimum:
a) Outline the authority for the notice.
b) Outline the subject matter or the purpose of the notice.
c) Set out the applicable notice requirements (ie. Date, time, location of
meeting)
d) If applicable, include a key map or other description of the lands
affected by the matter under consideration.
e) Provide how, where, and when comments / objections can be made.
General
05.01
No notice shall be required under this policy, where the provision of the
notice will interfere with the ability of Council to conduct business with
respect to a matter permitted for a closed session under Section 239 of
the Act.
05.02
Nothing in this policy shall prevent the Clerk from using more
comprehensive methods of notice or providing for a longer notice period.
Page 5 of 6
PICKERING
CITY POLICY/PROCEDURE
207
Approval:
Reference:
Date Originated:
Date Revised:
Policy Number:
Classification: ADM
Category: 100
Subject: 001
Policy Title: Public Notification Policy
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 or will
provide notice of the action as soon as possible following the action and
will present a report to Council for ratification.
06.02
If the matter pertains to a licensing by-law passed under the authority of
Section 150 of the Act, the Council shall, in accordance with Subsection
150(5) of the Act, hold the required meeting and give the required notice,
as soon as is practicable after the passage of the by-law.
Page 6 of 6
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