07-29
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.
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Notwithstanding Section 2 of this By-Law, a notice is deemed to have been given In
accordance with the requirements of Schedule "A" of this By-Law even if there are
times when the County's website is not accessible to the public.
c)
No additional notice will be required for subsequent meetings where a matter has
been deferred or referred to a subsequent meeting by the Council.
b)
Council dIrects that other public notice is
adequate in the circumstances
a)
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
published in a newspaper, to be posted at each of the lower-tier municipal offices, and
to be posted on the County website, in the form and manner and at the times indicated
in Schedule "A" to this by-law unless:
to be gIven as the Council considers
2
j)
In this By-Law
a) "Act" means the Municipal Act, 2001, S.O. 2001, c. 25, and amendments thereto;
b) "Clerk" means the Chief Administrative Officer 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 or sent by courier;
g) "Prescribed Requirements" means the requirements prescribed by the Municipa
Act, 2001, or its regulations;
h) "Newspaper" means a printed publication in sheet form, intended for general
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;
"Treasurer" means the Director of Financial Services of the Corporation of the
County of Elgin;
"Warden" means the Warden of the Corporation of the County of Elgin
"Website" means the official County of Elgin Internet website.
k)
I)
1
DEFINITIONS
NOW THEREFORE
enacts as follows
the MUnicipal Council of the Corporation of the County of Elgin
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
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, 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
AND MANNER IN WHICH NOTICE WILL BE PROVIDED TO THE PUBLIC
BEING A BY-LAW TO ESTABLISH A POLICY RESPECTING THE CIRCUMSTANCES
By-Law No. 07-29
COUNTY OF ELGIN
READ a third
READ a first
and second
ti
me and finally passed
ti
me
this
16th
this
day of
16th day of October 2007
October 2007
11
This by-law shall come Into force and effect on
the date of its passing
EFFECTIVE DATE
10
That
By-Law No. 02-33 be and is hereby repealed
REPEAL
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, 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.
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EMERGENCY PROVISION
This By-Law and Schedule "A" shall apply to
committees where applicable
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the Council's local boards and
Nothing in this by-law shall prevent the Clerk from using more comprehensive
methods of notice or providing for a longer notice period.
7
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.
6
GENERAL
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.
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FINANCIAL
a)
b)
c)
d)
e)
the section of the Act or its regulations that apply to the matter;
a description of the purpose of the meeting, or the purpose and effect of the
proposed by-law;
the date, time and location of the meeting;
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;
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.
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Form of Notice
Unless otherwise prescribed in the Act or its regulations, where notice of intention
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
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to
Council or local
board meetings
Procedure by-law
governing calling,
proceedings and
place of meetings
.
Notice of intention to pass a by-law at the next regUlar
council meeting included on agenda of preceding
regular Council meeting
Posted on Coun~ website
Intention to Pass a
By-Law to Change
Composition of
Council
Change of Name of
Municipality
Proposal to
Restructure
238
219
187
238
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of public meeting published once in at least
newspaper that in the opinion of the Clerk is of
cient 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
Notice of public meeting published once in at least
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
Notice of public meeting published once in at least
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
In accordance with the Council's Procedural By-Law
Notice
one
suffi
Prohibition or
regulation of
destruction or
injuring of trees In
woodlands
Highway Closing
(permanent)
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135
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Notice of intention to pass a by-law published once in
at least 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 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
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
SECTION
OF ACT
34
.
MATTER
MANNER AND TIME OF NOTICE
SCHEDULE "A"
By-Law No. 07-29
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Audited Financia
Statements -
Publication
Review of by-law
regarding one-third
of remuneration
deemed to be
expenses incident
to discharge of
duties of Council
members
Adoption of Budget
295
291
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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
Notice of audited financial statements to be published
once in at least one newspaper that in the opinion of
the Treasurer has sufficient general circulation in the
municipality within sixty (60) days 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 Coun~ website
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Sale or Disposition
of Land
283
270
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In accordance with the by-law governing the sale and
disposition of land
Notice of intention to pass a by-law at the next regular
council meeting included on agenda of preceding
regular Council meeting - once during the four-year
term of office of Council
Posted on County website
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