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24-15 Notice By-LawCOUNTY OF ELGIN By -Law No. 24-15 "BEING A BY-LAW TO ESTABLISH A POLICY RESPECTING THE CIRCUMSTANCES AND MANNER IN WHICH NOTICE WILL BE PROVIDED TO THE PUBLIC" WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, S. 270 (1), a municipality shall adopt and maintain policies with respect to 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; and WHEREAS it is deemed expedient to set out reasonable minimum notice requirements for those actions for which notice requirements are not prescribed under the provisions of the Municipal Act or its regulations; NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: DEFINITIONS In this By -Law a) "Act" means the Municipal Act, 2001, S.O. 2001, c. 25, and amendments thereto; b) "Clerk" means an individual that has been appointed as a Clerk of the Corporation of the County of Elgin and includes his/her designate; c) "Council" means the Municipal Council of the Corporation of the County of Elgin; d) "County" means the Corporation of the County of Elgin; e) "Form" means the format of the notice; f) "Mailed" means prepaid first-class mail, sent by courier or sent by electronic mail; g) "Prescribed Requirements" means the requirements prescribed by the Municipal Act, 2001, or its regulations; h) "Newspaper" means a printed publication in sheet form or published online, intended for general circulation, published regularly; i) "Published or Publication" means published in a daily or weekly newspaper publication that, in the opinion of the Clerk, has such circulation within the municipality, or is published for the purpose of informing the public within the municipality, as to provide reasonable notice to those affected; j) "Treasurer" means the Director of Financial Services of the Corporation of the County of Elgin; k) "Warden" means the Warden of the Corporation of the County of Elgin; 1) "Website" means the official County of Elgin Internet website. 2. Manner of Notice Where notice of intention to pass a by-law or notice of a public meeting is required to be given under a provision of the Act, the Clerk shall cause such notice to be -provided in the form and manner and at the times indicated in Schedule "A" to this by-law subject to the following terms: a) Notice shall be considered sufficient if Council directs that other public notice is to be given as the Council considers adequate in the circumstances and such notice complies with the Act; b) No additional notice will be required for subsequent meetings where a matter has been deferred or referred to a subsequent meeting by the Council. c) Service interruptions to online forms of notice shall not be construed, deemed or understood to render the notice void. 3. Time of Notice Where notice of intention to pass a by-law or notice of a public meeting is required to be given, such notice shall be provided in the timeframe prescribed in the Act or its regulations, and if not so prescribed or in the form and manner indicated in Schedule "A" to this by-law, notice shall be given at least once during the fourteen (14) days immediately preceding consideration of the matter by the Council. -2- 4. Form of Notice Unless otherwise prescribed in the Act or its regulations, where notice of intention to pass a by-law or notice of a public meeting is required to be given, the form of the notice shall include the following information: a) the section of the Act or its regulations that apply to the matter; b) a description of the purpose of the meeting, or the purpose and effect of the proposed by-law; c) the date, time and location of the meeting; d) where the purpose of the meeting or proposed by-law is related to specific lands within the County, a reference to a municipal address or to a legal description or a key map showing the affected lands; e) the name and address of the person who will receive written comments including the deadline for receiving such comments, on the matter that is the subject of the meeting or proposed by-law. FINANCIAL 5. Operating Costs Incurred Prior to Budget Approval Normal operating costs incurred prior to the adoption of the annual budget shall not require notice, and approval of such expenditures shall be deemed ratified upon the adoption of the annual budget. GENERAL 6. Any by-law enacted by Council that provides for a specific time and manner of notice that conflicts with this by-law, and any statutory or regulatory prescription for the time and manner of notice that conflicts with this by-law shall prevail over this by-law. 7. This by-law is intended to set minimum standards, nothing in this by-law shall prevent the Clerk from using more comprehensive methods of notice or providing for a longer notice period. 8. This By -Law and Schedule "A" shall apply to the Council's local boards and committees where applicable. EMERGENCY PROVISION 9. If a matter arises, which in the opinion of the Clerk in consultation with the Warden, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the County, or if a State of Emergency is declared, or if so advised by a Provincial Ministry, the notice requirements of this by-law may be waived and the Clerk shall make his/her best efforts to provide as much notice as is reasonable under the circumstances. REPEAL 10. That By -Law No. 07-29 be and is hereby repealed. EFFECTIVE DATE 11. This by-law shall come into force and effect on the date of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 30t" DAY OF APRIL 2024. Blaine Parkin, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. -3- SCHEDULE "A" By -Law No. 24-15 MATTER SECTION MANNER AND TIME OF NOTICE OF ACT Highway Closing 34 . Notice of intention to pass a by-law published once in (permanent) at least one Newspaper at least twenty-one (21) days prior to the meeting when the by-law is to be considered • Notice by registered mail to abutting property owners • Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting • Notice mailed to abutting Municipality or Municipalities • Notice to utilities servicing area of subject road allowance • Posted on County website Prohibition or 135 • Notice of intention to pass a by-law at the next regular regulation of council meeting included on agenda of preceding destruction or regular Council meeting injuring of trees in . Notice mailed to constituent Municipalities woodlands • Posted on County website Proposal to 173 . Notice of public meeting published once in at least Restructure one newspaper that in the opinion of the Clerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered • Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting • Notice mailed to affected Municipality or Municipalities • Posted on County website Change of Name of 187 . Notice of public meeting published once in at least Municipality one newspaper that in the opinion of the Clerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered • Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting • Notice mailed to constituent Municipalities • Posted on County website Intention to Pass a 219 • Notice of public meeting published once in at least By -Law to Change one newspaper that in the opinion of the Clerk is of Composition of sufficient general circulation in the area to which the Council proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered 0 Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting • Notice mailed to constituent Municipalities • Posted on County website Council or local 238 • The agenda shall be considered as Notice of regular board meetings Meetings of Council. • Notice will be given by providing Council with a regular agenda on each Thursday preceding a Meeting Day of Council, being five (5) days Notice. Providing the public with a regular agenda on the Friday preceding a Meeting Day of Council, being four 4 days Notice. -4- • Notice and agenda posted on County website Procedure by-law 238 . Notice of intention to pass a by-law at the next regular governing calling, Council meeting included on agenda of preceding proceedings and regular Council meeting place of meetings . Posted on County website for County Council Procedure by-law 238 . Notice of intention to pass a by-law at the next regular governing calling, council meeting included on agenda of preceding proceedings and regular Council meeting place of meetings . Posted on County website for local boards and committees Sale or Disposition 270 • In accordance with the by-law governing the sale and of Land disposition of land Adoption of Budget 291 • Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting • Notice mailed by regular or electronic mail to constituent Municipalities • Posted on County website Audited Financial 295 • Notice of audited financial statements to be published Statements - once in at least one Newspaper within sixty (60) days Publication after receiving the audited financial statements for the previous year; to include that information will be made available at no cost to any taxpayer or resident of the municipality upon request • Posted on County website