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POLICY & PROCEDURE MANUAL
SECTION
COUNCIL RELATED POLICIES
POLICY NUMBER 1-02-03
SUB-SECTION
General Corporate Policies
EFFECTIVE DATE June 2, 2015
SUBJECT
Notice Policy and Procedure
AUTHORITY
Council - June 11, 2015
Council - September 13, 2018
Council - February 26, 2026
PURPOSE
To provide for the form, manner and timing in which the County shall provide notice to the
public and/or its stakeholder where notice is appropriate and/or prescribed pursuant to the
Municipal Act, 2001.
STATEMENT
In accordance with the Municipal Act, 2001, a municipality shall adopt and maintain policies
with respect to providing notice to the public and, the form, manner and times notice shall
be given.
SCOPE
This policy applies to public notices issued by the County of Dufferin, pursuant to the
Municipal Act, 2001, with the following exceptions:
a) Where notice is otherwise prescribed by statue, regulation, County By-law or other
policy;
b) Where Council directs an alternate form or manner of public notice or deems that
notice is not required;
c) Where notice requirements may need to be altered pursuant to an Emergency
Provision.
DEFINITIONS:
"Council" means the Council of the Corporation of the County of Dufferin
"Day" means calendar day
SUBJECT
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"Posted" means electronically publishing the notice
"Public Notice" means a written, published and or printed notification given to the public
generally, but does not include notice given only to a specified person
"Website" means the County of Dufferin website www.dufferincounty.ca
GUIDING PRINCIPLES
The County of Dufferin shall demonstrate adherence to the notice provisions of legislation,
as well as any County by-laws and policies containing notice requirements, based on the
following principles:
(a)
Stakeholders and public have the right to be informed as to what, when and where
the business of the municipality is being conducted;
(b)
Notice should be timely in accordance with the scope and magnitude of the issue or
as prescribed by legislation, by-law or policy;
(c)
Notice is to be given in such a manner as to reach the largest broadcast audience
affected by the issue or matter;
(d)
Consideration is to be given to ensuring information is accessible, in a useful format
that is easy to understand, and is inclusive and respectful to all citizens;
(e)
Consideration is to be given to providing direct notice for those individuals or
stakeholders directly impacted, where reasonable and appropriate;
PROCEDURE
All County staff is to adhere to and consider the application of this policy when determining
whether notice is appropriate, as well as the form and manner in which such notice should
be given.
Provision of Notice
Where notice is required, including notice of intention to pass a by-law, or notice of a public
meeting is required; the notice shall be given pursuant to Schedule A as attached.
The provision of notice may also be in the form of direct delivery, including hand delivery,
direct mail, email, posting on website, newspapers, location signs, radio and television (e.g.
media releases).
Time of Notice
Where notice of intention to pass a by-law or notice of public meeting is required to be given,
such notice shall be provided in time frame prescribed in the legislation or its regulations and
if it is not prescribed, notice shall be given pursuant to Schedule "A" as attached. Notices
required under the Planning Act shall be in accordance with the time frames set out in the
Planning Act.
SUBJECT
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General
Where separate by-laws and/or policies have been enacted in accordance with the provisions
contained in legislation, the notice provisions set out in such by-laws and policies shall prevail.
Application
The requirement to give reasonable notice to the public shall be deemed fulfilled upon
completion of the actions dictated in this procedure.
The notice requirements set out in this policy are minimum requirements. Nothing in this
policy shall prevent the use of more comprehensive methods of providing notice or providing
longer periods of notice at the discretion of the Clerk. Given the geographic size of the County
and the cost associated with newspaper advertisements, this form of public notice is to be
limited in its use. Where newspapers are utilized to provide notice, the Clerk shall determine
the most appropriate newspaper(s) to use in a particular notice. The decision shall be based
on the citizens affected by the particular subject matter.
Where public notice is desired but not legislated through this procedure or other legislative
means, the notice undertaken by the County should reflect the magnitude and complexity of
the issue/initiative and desired goal or outcome. In selecting the appropriate notice beyond
the scope of this procedure, the following four recognized types of public engagement will
be considered:
- To inform - provide information to assist in understanding the initiative, alternatives,
opportunities or solutions;
- To consult - obtain feedback on analysis, alternatives and/or decisions;
- To involve - work directly with the community throughout the process to ensure
concerns and aspirations are understood; and
- To collaborate - partner with the community in the development of a decision to seek
alternatives and/or a preferred solution.
The determination of appropriate notice beyond the scope of this procedure will be at the
discretion of the Clerk.
Content of Public Notices
1. Notice to the Public shall contain the following information when applicable:
a) Identification of the authority under which the notice is given;
b) A description of the purpose of the notice (i.e. date, time and location if applicable)
and effect of the proposed action;
c) A description of how and where comments can be made, including any submission
deadlines;
d) Contact information for the purpose of submitting written comments or obtaining
additional information; and,
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e) Where the notice is related to identifiable lands, a key map showing the location of
the lands; and
f) That the Public Notice is given by the Corporation of the County of Dufferin, or by the
Clerk on its behalf.
Emergency Provisions
This procedure applies except where the Warden, in consultation with the Chief
Administrative Officer, determines that notice should be waived due to emergency, urgency
or time sensitivity situations or situations which could affect the health and wellbeing of the
residents of Dufferin County. Council shall be in formed by email if an exemption is applied.
Responsibility
It is the responsibility of the appropriate Director, in conjunction with the Clerk, to ensure
notice requirements applicable to their department are met.
Policy Maintenance and Amendments
Every effort will be made to maintain this policy within currently prescribed requirements and
will be amended to reflect those changes.
This policy will be reviewed a minimum of once per Council term to ensure its effectiveness.
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Schedule "A"
County of Dufferin Notice Provisions
*Denotes notice required by the Act
Financial
Subject
Public
Meeting
Requirement
Provision of
Notice
Time of Notice
Agreements for Municipal Capital Facilities-
Assistance by Municipality
Municipal Act, Section 110 (5)*
No
Written
As prescribed by the
Act
Agreement for Municipal Capital Facilities -
Tax Exemption By-law
Municipal Act, Section 110 (8)*
No
Written
As prescribed by the
Act
Financial Statements
Within 60 days after receiving the audited
financial statements
Municipal Act, Section 295 (1)*
No
Newspaper
Post on website
As prescribed by the
Act
User Fee By-law Amendment
No
Post on website
Friday prior to date
of consideration
Council
Adoption of the Annual Budget
Municipal Act, Section 205 & 206
Yes
Post on website
2 weeks prior to the
Council meeting in
which the budget is
being considered
Governance
Subject
Public
Meeting
Requirement
Provision of
Notice
Time of Notice
Proposal to Restructure
Municipal Act, Section 173*
Yes
Post on website
Newspaper
14 days prior to
public meeting
Change of Name of Municipality
Municipal Act, Section 187
No
Post on website
-
Change Composition of Council
Municipal Act, Section 218(2) & 219*
Yes
Post on website
Newspaper
14 days prior to
public meeting
Number of Votes for Council Members
Municipal Act, Section 218 (3) & 219*
Yes
Post on website
Newspaper
14 days prior to
public meeting
Procedural By-law Amendments
Municipal Act, Section 238*
No
Post on website
and give notice on
previous agenda
Notice on prior
council agenda and
on website Friday
prior to meeting
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Planning
Subject
Public
Meeting
Requirement
Provision of
Notice
Time of Notice
*Notice requirements under the Planning Act
where the County is the approval authority.
Official Plans and Official Plan Amendments
Planning Act, Section 17*
Plan
of
Subdivisions
and
Plan
of
Condominiums
Planning Act, Section 51*
Yes
Written
Newspaper
(as
required)
Post on website
As prescribed by the
Planning Act
Regulatory
Subject
Public
Meeting
Requirement
Provision of
Notice
Time of Notice
*Sale of Land (By-law 2007-49)
Municipal Act, Section 270
(Amended by Council September 13, 2018)
No
Post on website
and
at
the
discretion of Clerk
Within two (2) weeks
of Council declaring
the land surplus
Power of Entry
Municipal Act, Section 435
No
As directed by the
Act
As directed by the
Act
Transportation Services
Subject
Public
Meeting
Requirement
Provision of
Notice
Time of Notice
Permanent Closure of a Highway
Municipal Act, Section 34(1)
No
Signage posted
Post on website
30 days prior to
enactment of by-law
Temporary closure of a highway for
construction
No
Post on Website
Signage Posted
Written to
adjacent property
owners
Update website as
necessary
Signage posted as
soon as practical
Changing Name of Highway
No
Post on website
Signage posted
Direct mailing to
effected residents
30 days prior to
enactment of by-law