This is the exact embedded text of the captured official document.
Snapshot 5e7648b8c3b6 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Public Notice Policy
Policy Number
POL-64
Effective
September 20 2022
Review Date
Not scheduled
Final Approver
Council
Training Course Code
Not applicable
Document State
CURRENT
1.0 Purpose
The purpose of this policy is to provide a list of matters for which public notice is required by
legislation or deemed by the City to require public notice, the form and manner in which notice
must be given, and the minimum time for providing such notice.
2.0 Persons Affected
2.1
This policy applies to:
2.1.1
Council;
2.1.2
The Clerk; and
2.1.3
All City employees.
3.0 Policy Statement
3.1
Interpretation
3.1.1
All capitalized terms used in this policy have the meanings ascribed to them in
the Related Definitions section.
3.1.2
All references to "days" in this policy are to calendar days, including Saturdays,
Sundays and holidays, except as otherwise specifically provided.
3.2
It is the policy of the City to ensure that:
3.2.1
Where the City is required to give Public Notice under a provision of the Act, the
notice must be given in the form and manner and at the times indicated in
Appendix A - Notice Requirements to this policy, unless:
i. The Act, another statute, or a regulation prescribes or permits otherwise;
ii. The requirements for notice are prescribed in another policy or resolution;
and/or
iii. Council directs that other public notice is to be given, as Council considers
appropriate in the circumstances.
3.2.2
Appendix B - Content of Public Notices to this policy sets out the minimum
requirements for public notices. Nothing in this policy is intended to prevent the
use of more comprehensive methods of Public Notice or the provision of a
longer Public Notice period.
3.2.3
No additional Public Notice will be required for subsequent meetings convened
as a result of a deferral by City Council or by a Committee of Council, so long
as the Public Notice requirements of this policy are satisfied for the initial
meeting.
3.2.4
A Public Notice posted on the City website is deemed to be sufficiently given
even if the City website is not accessible for all or any portion of the Public
Notice posting period.
3.2.5
No Public Notice is required under the provisions of this policy where Council
considers a matter in a meeting closed to the public pursuant to the Act.
3.2.6
The Public Notice requirements of this policy may be waived by the Chief
Administrative Officer, in consultation with the Mayor, where:
i. An urgent or time sensitive matter arises;
ii. A matter arises which could affect the health or wellbeing of the residents of
the City of Kingston; or
iii. A state of emergency is declared under the Emergency Management and
Civil Protection Act, R.S.O. 1990, c. E.9, as amended or replaced from time
to time, or is so advised by a provincial ministry.
If the Public Notice requirements are waived in accordance with this section, the
Clerk will use best efforts to provide as much notice as is reasonable under the
circumstances.
3.2.7
Where possible, Public Notices will be produced in a manner that encourages
participatory democracy, as detailed in Appendix C - Enhancing Public
Engagement Opportunities.
Employees
3.3
Any employee who breaches this policy may be subject to discipline up to and including
dismissal.
4.0 Responsibilities
4.1
Council is responsible for approving and directing compliance with this policy.
4.2
The City Clerk is responsible for making updates to this policy as a result of changes to
the Act or other provincial legislation.
4.3
Employees are responsible for compliance with this policy. Any employee who breaches
this policy may be subject to discipline up to and including dismissal.
Breach of Policy
4.4
Employees are responsible for compliance with this policy and shall be aware that any
employee who breaches this policy may be subject to discipline up to and including
dismissal.
5.0 Approval Authority
Role
Position
Date Approved
Subject Matter Expert
Deputy City Clerk
Legal Review
Senior Legal Counsel
Management Review
City Clerk
Final Approval
Council
Sept. 20, 2022
6.0 Revision History
Effective Date
Revision #
Description of Change
7.0 Appendix
7.1 Appendix A - Notice Requirements Contained in the Municipal Act
7.1.1 Section 27 - Highway Bylaws
Municipal Act requirement: None
City of Kingston notice requirement: Notice to be posted to City website two weeks prior to
Committee or Council meeting at which the Subject Matter is being considered.
7.1.2 Section 34 - Permanent Closure of Highway
Municipal Act requirement: None
City of Kingston notice requirement: Notice to be posted to City website two weeks prior to
Committee or Council meeting at which the Subject Matter is being considered.
7.1.3 Section 48 - Change/Naming of Private Roads
Municipal Act requirement: A local municipality may name or change the name of a private
road after giving public notice of its intention to pass the by-law.
City of Kingston notice requirement: Notice to be posted to City website, and published in
Newspaper, two weeks prior to Committee or Council meeting at which the Subject Matter is
being considered.
7.1.4 Section 129(a) - Health, Safety & Nuisance - Noise
Municipal Act requirement: None
City of Kingston notice requirement: For exemption requests from the provisions of By-Law
Number 2004-52, A By-Law to Regulate Noise that are not subject to delegated authority
pursuant to the By-Law, notice to be posted to the City website, and published in the
Newspaper, allowing for 10-day public comment period prior to the Committee or Council
meeting at which the Subject Matter is being considered.
7.1.5 Section 151 - Business Licensing
Municipal Act requirement: None
City of Kingston notice requirement: Notice to be posted to City website two weeks prior to
Committee or Council meeting at which any by-law to license businesses under Section 151 is
being considered.
7.1.6 Section 173 - Proposal to Restructure
Municipal Act requirement: Before the council of a municipality votes on whether to support or
oppose a restructuring proposal, the council shall or may, as applicable, do the following things
when the proposal is being developed or after it is developed:
1. Council shall consult with the public by giving notice of, and by holding, at least one public
meeting.
2. Council shall consult with such persons or bodies as the Minister may prescribe.
3. Council may consult with such other persons and bodies as the municipality considers
appropriate
City of Kingston notice requirement: Council shall hold at least one public meeting. Notice to
be posted to City website two weeks prior to Committee or Council meeting at which the
Subject Matter is being considered.
7.1.7 Section 187 - Change of Name of Municipality
Municipal Act requirement: None
City of Kingston notice requirement: Council shall hold at least one public meeting. Notice to
be posted to City website two weeks prior to Committee or Council meeting at which the
Subject Matter is being considered.
7.1.8 Sections 204 - 210 - Business Improvement Areas
Municipal Act requirement: Before passing a by-law under subsection 204(1), clause 208(2)(b),
subsection 208(3) or section 209, notice of the proposed by-law shall be sent by prepaid mail
to the board of management of the improvement area, if any, and to every person who, on the
last returned assessment roll, is assessed for rateable property that is in a prescribed business
property class which is located:
a. (a) where the improvement area already exists, in the improvement area and in any
geographic area the proposed by-law would add to the improvement area; and
b. (b) where a new improvement area would be created by the proposed by-law, in the
proposed improvement area.
City of Kingston notice requirement: As required by the Act.
7.1.9 Section 211 - Business Improvement Areas - Repeal of By-law
Municipal Act requirement: Council shall give notice in accordance with subsection 210(1) of a
proposed by-law to repeal a by-law under subsection 204(1). Council shall give the notice
within 60 days after receiving the resolution or request. Recipients are to respond within 60
days after the day of mailing of notices.
City of Kingston notice requirement: As required by the Act.
7.1.10 Section 216 - Dissolution of Local Boards
Municipal Act requirement: None
City of Kingston notice requirement: Notice by mail to local board two weeks prior to
Committee or Council meeting at which the Subject Matter is being considered.
7.1.11 Section 217 - 219 - Composition of Council of Local Municipality
Municipal Act requirement: Before passing a by-law described in section 218 the municipality
shall give notice of its intention to pass the by-law or resolution and shall hold at least one
public meeting to consider the Subject Matter.
City of Kingston notice requirement: As required by the Act.
7.1.12 Section 222 - Establishment of Wards
Municipal Act requirement: Within 15 days after a by-law described in subsection (1) is passed,
the municipality shall give notice of the passing of the by-law to the public specifying the last
date for filing a notice of appeal under subsection.
City of Kingston notice requirement: Council shall hold at least one public meeting. Notice to
be posted to City website two weeks prior to Committee or Council meeting at which the
Subject Matter is being considered.
Notice to be published in Newspaper and posted to City website within 15 days of passing of
by-law.
7.1.13 Section 238 - Procedural By-law
Municipal Act requirement: None
City of Kingston notice requirement: Notice to be posted to City website two weeks prior to
Committee or Council meeting at which any changes to the procedural by-law or introduction
of a new procedural by-law is being considered.
7.1.14 Section 270(1) - Adoption of Policies - Sale and Disposition of Land
Municipal Act requirement: None
City of Kingston notice requirement: Notice to be posted to City website two weeks prior to
Committee or Council meeting at which the Subject Matter is being considered.
7.1.15 Section 290 - Yearly Budget, Local Municipalities
Municipal Act requirement: None
City of Kingston notice requirement: Notice to be posted to City website two weeks prior to
Committee or Council meeting at which the annual budget is to be considered.
7.1.16 Section 295 - Publication of Financial Statements
Municipal Act requirements: Within 60 days after receiving the audited financial statements of
the municipality for the previous year, the treasurer of the municipality:
a. (a) shall publish in a newspaper having general circulation in the municipality,
i. (i) a copy of the audited financial statements, the notes to the financial statements, the
auditor's report and the tax rate information for the current and previous year as
contained in the financial review, or
ii. (ii) a notice that the information described in subclause (i) will be made available at no
cost to any taxpayer or resident of the municipality upon request; and
b. (b) may provide the information described in subclause (a) (i) or (ii) to such persons and in
such other manner as the treasurer considers appropriate.
If a request is made under subsection (1), the treasurer shall provide a copy of the information
to the taxpayer or resident at no cost
City of Kingston notice requirement: As required by the Act.
7.1.17 Section 308(22) - Establishment of Tax Ratios
Municipal Act requirements: The Minister may make regulations requiring municipalities that
establish tax ratios to give notice of the tax ratios to such persons and in such manner as
prescribed.
City of Kingston notice requirement: As required by the Act.
7.1.18 Section 351 - Seizure
Municipal Act requirements: Subject to certain conditions, if taxes on land remain unpaid after
the due date, the treasurer or the treasurer's agent may seize personal property to recover the
taxes and costs of the seizure. The treasurer or the treasurer's agent shall give the public
notice of the time and place of the public auction and of the name of the person whose
personal property is to be sold.
City of Kingston notice requirements: Notice to be posted to City website and published in
Newspaper two weeks prior to the auction. Written notice to be sent by mail three weeks prior
to auction to sheriff, bailiff, assignee, liquidator, trustee, or licensed trustee in bankruptcy, as
appropriate.
7.1.19 Section 356 - Division into Parcels
Municipal Act requirements: Upon application by the treasurer of a local municipality or to the
treasurer by an owner of land, the local municipality may:
a. (a) divide, for the purposes of this section, land which is assessed in one block into two or
more parcels if each parcel is one that can be legally conveyed under the Planning Act;
b. (b) apportion the unpaid taxes on the land among the parcels,
i. (i) in proportion to their relative value at the time the assessment roll for the year in which
the application is made was returned, or
ii. (ii) if council is of the opinion that an apportionment under subclause (i) is not appropriate
due to special circumstances, any other manner; and
c. (c) direct what proportion of any part payment of taxes on the land is to be applied to each
of the parcels.
On or before September 30 of the year following the year in which the application is made,
council shall,
a. (a) hold a meeting at which the applicants and owners of any part of the land may make
representations to council;
b. (b) notify the applicants and owners of the meeting by mail sent at least 14 days before the
meeting; and
c. (c) make its decision.
Within 14 days after making its decision, council shall notify the applicants and owners of the
decision and specify the last day for appealing the decision.
City of Kingston notice requirements: As required by the Act.
7.1.20 Section 357 - Cancellation, Reduction, Refund of Taxes
Municipal Act requirements: Upon application, and subject to certain conditions, the local
municipality may cancel, reduce or refund all or part of taxes levied on land in the year in
respect of which the application is made.
On or before September 30 of the year following the year in respect of which the application is
made, council shall:
a. (a) hold a meeting at which the applicants may make representations to council;
b. (b) notify the applicants of the meeting by mail sent at least 14 days before the meeting; and
c. (c) make its decision.
Within 14 days after making its decision, council shall notify the applicants of the decision and
specify the last day for appealing the decision
City of Kingston notice requirements: As required by the Act.
7.1.21 Section 358 - Overcharges Due to Gross or Manifest Error
Municipal Act requirements: Upon receipt of an application, and subject to certain conditions,
the municipality may cancel, reduce or refund all or part of taxes which were overcharged due
to a gross or manifest error in the preparation of the assessment roll.
The treasurer shall send a copy of the application to the assessment corporation and the
registrar of the Assessment Review Board.
If an application is not valid under subsection (5), the treasurer shall notify the applicant in
writing of the reasons it is not valid.
On or before September 30 of the year following the year in which the application is made,
council shall:
a. (a) hold a meeting at which the applicant may make representations to council;
b. (b) notify the applicant of the meeting by mail sent at least 14 days before the meeting; and
c. (c) make its decision.
Within 14 days after making its decision, council shall notify the applicant of the decision.
City of Kingston notice requirements: As required by the Act.
7.1.22 Section 359 - Increase of Taxes as Result of Undercharge by Gross or Manifest Error
Municipal Act requirement: Upon receipt of an application by the treasurer, the municipality
may increase the taxes levied when the taxes were undercharged due to a gross or manifest
error.
Council shall:
a. (a) hold a meeting at which the treasurer and the person in respect of whom the application
is made may make representations to council;
b. (b) notify the treasurer and the person in respect of whom the application is made of the
meeting by mail sent at least 14 days before the meeting; and
c. (c) make its decision.
Within 14 days after making its decision, council shall notify the treasurer and the person in
respect of whom the application is made of the decision and specify the last day for appealing
the decision.
City of Kingston notice requirements: As required by the Act.
7.1.23 Section 379 & 381 - Tax Arrears Certification - Public Notice
Municipal Act requirements: If the cancellation price remains unpaid 280 days after the day the
tax arrears certificate is registered under section 373, the treasurer, within 30 days after the
expiry of the 280-day period, shall send to the persons entitled to receive notice under section
374 a final notice that the land will be advertised for public sale unless the cancellation price is
paid before the end of the one-year period following the date of the registration of the tax
arrears certificate.
If at the end of the one-year period the cancellation price has not been paid the land shall be
offered by public auction or public tender. The treasurer shall make a statutory declaration
stating the names of the persons to whom notice was sent previously and advertise the land
for sale once in The Ontario Gazette and once a week for four weeks in a newspaper that, in
the opinion of the treasurer, has such circulation within the municipality as to provide
reasonable notice of the sale. After the sale is made, and within 60 days after making a
subsequent statement and payment to the Superior Court of Justice, the treasurer shall send a
copy of the statement to the Public Guardian and Trustee and to the persons to whom notice
was previously sent.
Any notice required to be sent may be given by personal delivery or be sent by certified or
registered mail.
City of Kingston notice requirements: As required by the Act.
7.1.24 Section 391 - Fees and Charges By-law
Municipal Act requirements: None
City of Kingston notice requirements: Public notice for the adoption of or an amendment to the
Fees and Charges By-law is given through posting the meeting schedule and Council or
Committee agendas on the City website.
7.1.25 Section 400 - Fees and Charges - Regulations
Municipal Act requirements: The Minister may make regulations regarding fees and charges
with priority lien status, including a requirement that the municipality give notice of its intention
to pass a by-law imposing fees and charges which will have priority lien status.
City of Kingston notice requirements: As required by the regulation.
7.1.26 Section 402- Notice of Debt
Municipal Act requirements: Upon receipt of an application of a municipality to incur a debt, the
Ontario Land Tribunal may direct the municipality to give notice of the application to such
persons and in such manner as the Tribunal determines.
City of Kingston requirements: As required by the Tribunal.
7.2 Appendix B - Content of Public Notices
1. Notice to the Public shall contain the following information when applicable:
1. A general description of the Subject Matter under consideration or otherwise involved;
2. Where the Subject Matter relates to a defined location, sufficient particulars of the
location to identify it generally, such as reference to a municipal address or street
intersection, or a legal description or plan or key map;
3. Purpose of any meeting of which Public Notice is required to be given or the purpose and
effect of the proposed action;
4. Identification of the authority under which the Public Notice is being given;
Act
means the Municipal Act, 2001, S.O. 2001, c.25 as amended from time to time, and includes
any legislation made thereunder.
City website
means the website maintained by the City of Kingston.
Clerk
means the person appointed by the City as the Clerk in accordance with section 228(1) of the
Municipal Act, 2001.
Newspaper
has the same meaning as indicated in Subsection 87 of the Legislation Act, 2006.
Plain Language
5. Date, time and location of any meeting at which the Subject Matter will be considered of
which Public Notice is required to be given;
6. Where written submissions may be made, or where delegations for the purpose of
providing a verbal submission can be registered, the name and title of the person to
whom they are to be sent, together with the email and office address of the official and
the deadline for receipt of such submissions; and
7. That the Public Notice is given by The Corporation of the City of Kingston, or by the City
Clerk on its behalf.
7.3 Appendix C - Enhancing Public Engagement Opportunities
1. Where possible, Public Notice shall be written in Plain Language and in an accessible
manner. Public Notice shall incorporate the following strategies to enhance participatory
opportunities for the public:
1. Ability to scan for information: Make use of short sentences and paragraphs, and
headers.
2. Ease of reading: Use simple sentence structure and grammar.
3. Target audiences: Anticipate their interests and address potential enquiries.
4. Images: Use images, especially if it helps readers understand the message.
5. Where matters are known to affect identified individuals, direct notice shall be given to
such individuals.
2. Public Notice, where appropriate, will be given in a manner consistent with the key
principles contained in the City of Kingston Public Engagement Framework.
Related Definitions
is a way of writing, organizing and presenting information so that it makes sense and is easy to
read. Plain Language means presenting information with straightforward vocabulary and
sentence structures and by organizing material clearly and logically, to ensure that messaging is
clearly understood.
Public Notice
means notice given to the public generally but does not include notice given only to specified
persons.
Subject Matter
means the issue, measure, requirement, meeting, or other matter in respect of which Public
Notice is being given.