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02-33 COUNTY OF ELGIN 02-33 BY-LAW NO "A BY-LAW TO PRESCRIBE THE FORM AND MANNER AND TIMES FOR THE PROVISION OF NOTICE' WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, S. 251, provides that where a municipality is required to give notice under a provision of this Act, the municipality shall give the 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 it is deemed advisable to set out the minimum notice requirements for those actions for which the notice requirements are not prescribed under the provisions of the Municipal Act or its regulations Elgin the Municipal Council of the Corporation of the County of NOW THEREFORE enacts as follows DEFINITIONS In this by-law "Act" means the Municipal Act, 2001, S.O. 2001, c. 25 "Clerk" means the Chief Administrative Officer of the County of Elgin "newspaper" means a printed publication in sheet form, intended for circulation, published regularly; "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 as to provide reasonable notice to those affected genera 1 NOTICE OF INTENTION TO PASS A BY-LAW - NOTICE OF PUBLIC MEETING Manner of Notice 2. Where notice of intention to pass a by-law or notice of a public meeting is required to be given, the Clerk shall cause such notice to be published in a newspaper and also to be posted at each of the lower-tier municipal offices Time of Notice 3. 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 time frame prescribed in the Act or its regulations, and if not so prescribed, notice shall be given at least once during the fourteen days prior to the proposed action being taken. Form of Notice 4. 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: (1) A description of the purpose of the meeting, or the purpose and effect of the proposed bylaw; (2) The date, time and location of the meeting; (3) Where the purpose of the meeting or proposed by-law is related to specific lands within the County, a key map showing the affected lands; (4) The name and address of the person who will receive written comments on issue which is the subject of the meeting and the deadline for receiving such comments. (5) Identification of the authority under which the s being given the notice the adoption of the n Sections 2, 3 and 4 shall apply to FINANCIAL Adoption of Annual Budget 5. The notice provisions set out annual budget in total -2- Amendments to Budget 6, Where expenditure estimates approved in the budget have been subject to quotations or tenders quoting an amount greater than the estimated expenditure for that item, the approval process set out under the County Purchasing Policy shall apply, and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council Agenda, with the notation "Amendment to Budget", shall constitute sufficient notice. New projects that have not been included in the annual budget shall be detailed in a staff report and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council Agenda, with the notation "Amendment to Budget", shall constitute sufficient notice. 7. Operating Costs Incurred Prior to Budget Approval 8. 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. Improvements to Service 9. Unless otherwise designated by regulation, notice of improvements in the efficiency and effectiveness of the delivery of services by the County and its local boards; and barriers identified by the County and its local boards to achieving improvements in the efficiency and effectiveness of the delivery of services by them, shall be published in the newspaper at the same time as prescribed in the Act for the publication of the Financial Statements of the County. GENERAL Where separate by-laws have been enacted in accordance with provisions contained in the Act, the notice provisions set out in such by-laws shall prevail. 10 No notice shall be required under this by-law, where the provision of notice wi 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. 11 Nothing in this by-law shall prevent the Clerk from using more comprehensive methods of notice or providing for a longer notice period, 12 EMERGENCY PROVISION f 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 of Elgin, 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 13 2003 1 EFFECTIVE DATE This by-law shall come Into force and effect on January 14 December 2002 1 ih day of December 2002 1ihdayof this time and finally passed time this and second , third READ a first READ a z: JohnR. Warden â, nistrative Officer.