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THE
CORPORATION
OF THE
TOWNSHIP
OF
MALAHIDE
BY- LAW
NO.
16- 52
Being a By-law to establish a policy to provide for notice to
the
public
as required
under
the
Municipal
Act, 2001.
WHEREAS
Section
270 of the Municipal Act, 2001, S. O. 2001, c. 25, requires
that a municipality
adopt
and
maintain
a policy
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
sections of the Municipal Act, 2001, S. O. 2001, c. 25 require a
municipality
to give notice to the public generally of its intention
to pass certain by- laws,
notice of the holding
of certain
required
public
meetings, and notice of other matters;
AND WHEREAS Section 8 of the Municipal Act, 2001, S. O. 2001, c.25 provides
in part that the powers
of a municipality
under
the
Municipal
Act shall
be interpreted
to
enable the municipality
to govern
its affairs as it considers
appropriate;
AND
WHEREAS
the Council
of The
Corporation
of the
Township
of Malahide
herein " Council") deems it advisable to establish
a public notice policy;
NOW THEREFORE
the Council of The Corporation
of the Township
of Malahide
HEREBY
ENACTS
AS FOLLOWS:
1.
In this By- law,
Act" means the Municipal Act, 2001, S. O. 2001, c. 25 and includes regulations
thereunder;
Chief Administrative
Officer" means the Chief Administrative
Officer of the
Township
of Malahide
or his/ her designate;
Clerk" means
the Clerk
of the Township
of Malahide
or Deputy
Clerk of the
Township
of Malahide;
Designate" means
the Clerk or the Deputy Clerk of the Township
of Malahide;
Emergency" means a situation or an impending
situation that constitutes
a
danger of major proportions
that could result in serious harm to persons or
substantial
damage to property and that is caused by the forces of nature, a
disease or other health risk, an accident or an act whether intentional or
otherwise;
By- law No. 16- 52
Page
2
newspaper"
means
a printed
publication
in sheet form, intended
for general
circulation, published
regularly at intervals of not longer than a week, consisting
in great part of news of current events
of general
interest
and sold to the public
and
to
regular
subscribers;
notice" means a written, printed, or posted notification or announcement;
published" means published in a daily or weekly newspaper that, in the opinion
of the Clerk, has such circulation
within the Township
as to provide
reasonable
notice
to those
affected
thereby, and " publication"
has a corresponding
meaning;
posted" means affixed to a bulletin board or front window at the Township
Office
so as to display
for viewing
by the public;
Township"
means
The
Corporation
of the Township
of Malahide;
and
website" means
the ` public
notices' section
of the website
of the Township
of
Malahide
which
address
is www. malahide.
ca.
2.
Where the Township is required to give public notice or notice to other parties
pursuant
to a provision
of the
Municipal
Act, or where
Council
deems
it
appropriate
to prescribe
notice
to the
public
or other
parties,
notice
shall
be given
in a form and manner shown on Schedule " A" attached
hereto.
3.
A public notice given
under the provisions
of clause
2 of this By- law, utilizing
the
municipal
website, shall be sufficient even if the Township of Malahide website is
not accessible
at all times during the public notice
period.
4.
Notwithstanding
the provisions of this By- law to the contrary, clause 2 shall not
be
applicable
where:
a)
the Municipal Act, or another Act or regulations, prescribes
specific notice
requirements,
or
b)
the Council of the Township
of Malahide
directs that public notice be
given
in the manner different from the public
notice provisions
of clause
2.
5.
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
purpose
and
effect
of the
proposed
by- law, or a description
of the
purpose of the public meeting;
b)
the date, time, and
location
of the
meeting
to consider
the
proposed
by-
law, or the
public
meeting;
By- law No. 16- 52
Page
3
c)
where the proposed
by- law or purpose
of the meeting
is related
to specific
lands within
the Township, sufficient
particulars
of the location
to identify
it
generally,
such
as
reference
to
a
municipal
address
or road
intersection,
or a legal description
or plan;
d)
the
name
and
address
of the
person
who
will
receive
written
comments
on
the issue that is the subject
of the proposed
by- law or public meeting
and
the deadline for receiving such comments;
e)
instruction
on
obtaining
any
additional
information
which
may
be
made
available
by the Township, including
the name, address, email, phone of
any office providing the notice; and
f)
be clearly
identified
as a notice
given
by the Township
of Malahide.
6.
If a matter is deferred
at a Council meeting or if a matter is considered
at a
subsequent
Council
meeting,
no additional
public
notice
shall
be required,
except
where the Municipal Act or other Provincial Statute( s) provides otherwise, or if
Council directs that additional
public notice be given.
7.
The public notice requirements
of this By- law are minimum
requirements
and the
Council, the Clerk, or the Chief Administrative
Officer
are authorized
to provide
additional
public
notice
if reasonable
and
necessary
in the circumstances.
8.
No public notice shall be required
under the provisions
of this By- law where
Council
is authorized
by the Municipal
Act to consider
a matter
in a meeting
closed to the public.
9.
The requirement
of the Municipal
Act to provide
public
notice
shall
be deemed
to
be fulfilled
upon
completion
of the action
method
to give
notice
in a form
and
manner
shown
on Schedule " A".
10.
If a
matter
arises,
which,
in
the
opinion
of the
Chief
Administrative
Officer
or
his/ her
designate,
is considered
to
be
of an
urgent
or time
sensitive
nature,
or
which
could
affect
the
health,
safety
or
well- being
of
the
residents
of the
Township
of
Malahide,
or
if an
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.
11.
By-law No. 12- 38, as adopted on the
19th
day of April, 2012, be and the same is
hereby
repealed.
12.
The provisions
of this By- law shall come into force and take effect on the day of
passing
of this By- law.
By- law No. 16- 52
Page
4
READ a FIRST and SECOND time this 1St day of September, 2016.
READ jjHIRD
time, and
FINALLY
PASSED
this
1St
day of September, 2016.
lDAMA
Clerk, M. Casavecchia-
Somers
Schedule "
A"
to By- law No. 16- 52
Section of Municipal Act/
Requirement
in the Act
Policy
Subject
Matter
Section 48
A local municipality may name or change the name of
Notice
of intent
to
be
provided
to
persons
and
agencies
Naming or Change Name of
a private
road
after giving
public
notice
of its intention
directly
affected
at least
one (
1) week
prior to enactment
of
Private
Road - Notice
to pass the by- law.
the
by- law by:
Personal
service or prepaid first class mail to all persons
who abut the affected highway; and
Posting on the municipal website.
Section
81(
1),(
2),( 3)
A municipality
shall
provide
reasonable
notice
of the
Notice of the proposed
shut- off to be provided
by personal
Public Utility -- Water -- Shut
proposed
shut- off to the owners
and
occupants
of the
service or prepaid first class mail or by posting notice on
Off -- Notice
land by personal
service
or prepaid
mail or by posting
the
land
in a conspicuous
place
at least
one (
1)
week
in
the notice on the land in a conspicuous place.
advance
if possible.
Section
110( 5)
Upon the passing of a by- law permitting
a municipality
Written notice to the Minister of Education
by prepaid first
Municipal
Capital
Facilities --
to enter into an agreement under this section, the
class mail within ten ( 10) days of the passing of the by -
Agreement --
Notice of By-
Clerk of the municipality
shall give written
notice of the
law.
law
by-law to the Minister of Education.
Section 110( 8)
Upon the passing of a by- law under subsection 110( 6),
Written notice to be provided by prepaid first class mail
Municipal Capital Facilities --
the Clerk of the municipality shall give written notice of
promptly after the passage of the By-law to all persons
Notice - Tax Exemption By-
the contents
of the by- law to:
identified
by the Act as requiring
notice.
law
The assessment corporation;
The Clerk of any other municipality
that would, but for
the by- law, have had the authority to levy rates on the
assessment
for the land exempted
by the by- law; and
The secretary of any school board if the area of
jurisdiction
of the board
includes
the land exempted
by
the by- law.
Section
173( 3)
Before the Council of a municipality votes on whether
Notice
of public
meeting
to be provided
at least
one (
1)
Restructuring
Proposal --
to support or oppose a restructuring
proposal, the
week prior to the meeting by:
Consultation
Council shall or may, as applicable, do the following
Publishing within a newspaper having sufficient
things when the proposal is being developed or after it
circulation; and
is developed:
Posting on the municipal website.
Council
shall consult
with the public
by giving
notice,
and by holding, at least one public meeting;
Notice to be provided by personal service or prepaid first
Council
shall
consult
with
such
persons
or bodies
as
class
mail
to those
persons
who
request
further
notice
the
Minister
may
prescribe;
and,
following
the public
meeting.
Council may consult with such other persons and
bodies
as
the municipality
considers
appropriate.
Section
295(
1)
Within 60 days after receiving the audited financial
Public notice to be provided
within sixty ( 60) days of
Financial
Statement --
statements
of the municipality
for the previous
year,
receipt of the audited financial statements
by:
Publication
the Treasurer of the municipality,
Publishing
within a newspaper
having sufficient
a) shall
publish
in a newspaper
having
general
circulation
in the municipality; and
circulation
in the municipality,
Posting on the municipal website.
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) 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) may
provide
the information
described
in subclause
a)( i) or ( a)( ii) to such
persons
and
in such
other
manner as the Treasurer considers appropriate.
Section 342( 5)
The use by a taxpayer of the alternative instalments
Personal
notice to be provided
by prepaid first class mail
Tax Collection -- Ceasing
of
and due dates ceases
if the taxes are unpaid after the
to affected
taxpayer.
Alternative
Instalments
and
due date and the treasurer gives written
notice to the
Due
Dates
of Taxes
taxpayer
that
the
alternative
instalments
and
due
dates
may
no longer
be
used.
Section 343( 1)
The Treasurer shall send a tax bill to every taxpayer at
Personal notice to be provided by prepaid first class mail
Notice
of Tax
Bill
least 21 days before any taxes shown on the tax bill
to every
taxpayer
at least
twenty- one ( 21) days
before
the
are due.
taxes
are
due.
Section
348( 2), 348( 3)
The Treasurer shall send to every taxpayer who owes
Personal
notice to be provided
by prepaid first class mail
Determination
of Tax Status -
taxes from a proceeding year a notice of those taxes
to each affected taxpayer by February 28th in each year.
Notice
and
of the
related
late
payment
charges.
Notice may also be sent with tax bill.
A notice required to be sent under subsection
348( 2)
may
be sent
with
a tax bill.
Section
350(
1)
Where taxes are owed in respect of any land occupied
Personal notice to be provided by prepaid registered mail
Tax Collection -- Land
by a tenant, the Treasurer may give the tenant notice
to affected
tenant.
Occupied by Tenant
in writing requiring the tenant to pay the rent in respect
of the land to the Treasurer
as it becomes
due up to
the amount of the taxes due and unpaid plus costs,
and the tenant shall comply with the notice.
Section
351(
8)
The
Treasurer
or the
Treasurer'
s agent
shall
give
the
Public Notice to be provided by:
Sale
of Seized
Personal
public
notice
of the time
and
place
of the public
auction
Prepaid registered
mail to affected party;
Property -- Notice
and
of the name
of the
person
whose
personal
Publishing
for one ( 1) week within a newspaper
having
property
is to be sold.
sufficient
circulation;
and
Posting on the municipal website prior to the public
auction.
Section
359( 3), 359( 4)
Increase
of Taxes - Gross
or
Manifest
Error - Meeting --
Decision -
Notice
Note:
Not an error
in
judgment
assessing
the
land
Section
361(
10. 1)
Action to Collect on Debt
Resulting from Decrease in
Rebate for Charity
Section
374( 1),
374( 2),
374( 5)
Tax Arrears -- Certificate -
Notice of Registration and
Notice -- Spouse
of Owner
Council
shall,
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) 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) 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.
Every municipality, other than a lower -tier municipality,
shall have a tax rebate program for eligible charities for
the purposes
of giving
them
relief from
taxes
or
amounts paid on account of taxes on eligible property
they
occupy
If, as
a result
of a redetermination,
the
amount
of the
rebate is decreased and amounts paid on account of
the rebate exceed the redetermined amount of the
rebate, the excess
payments
are a debt
due to the
municipality which gave the rebate but the municipality
shall not take any action to collect the debt, including
the imposition
of interest, until 120 days after providing
the eligible
charity
with
notice
of the debt.
Within
60
days
after
the
registration
of a tax
arrears
certificate, the Treasurer shall send a notice of the
registration of the certificate to the following persons,
1. the assessed owner of the land;
2. if under Land Titles Act, every person appearing
by
the
parcel
register
and
by the index
of executions
for
the area in which the land is situate to have an interest
in the land on the day the tax arrears certificate was
registered, other than a person who has an interest
referred
to in
clause
379( 7. 1)(
a)
or ( b); and
3. if under Registry
Act, every person
appearing
by the
abstract
index
and
by the
index
of executions
for the
area in which the land is situate to have an interest in
the land on the day the tax arrears certificate was
registered,
other
than
a person
who
has
an interest
referred
to in clause
379 ( 7. 1)(
a) or ( b).
Personal
notice to be provided
by prepaid first class mail
to the
person
in respect
of whom
the
application
is made
and
personal
service
to the Treasurer
at least fourteen
14) days prior to the meeting.
Council shall also notify the Treasurer and the person in
respect
of whom
the
application
is made
of the
decision
within fourteen ( 14) days after making its decision. Said
decision shall specify the last day for appealing the
decision.
Personal notice to be provided by prepaid first class mail
to the charity
in respect
of whom
the application
for tax
rebate
is made.
No action to be commenced
to collect any debt due to the
municipality
until 120 days after providing the eligible
charity
with notice of the debt.
Notice
of registration
of tax
arrears
certificate
to be
provided by prepaid registered mail within sixty ( 60) days
after
registration
to parties
specified
in the Act.
Notice
shall
also
be
sent
to the
spouse
of that
person.
Section
386. 2( 1)
Tax Sale -- Entering
to Carry
Out
Inspection
Without
Warrant
Section 386.3
Tax Sale -- Entering to Carry
Out Inspection With Warrant
Section
402( 1)
Application -- To Incur
Debt -
Notice
For the purpose
of assisting
a municipality
to
determine
whether
it is desirable
to acquire
land
that
has been offered for public sale under subsection
379(2) but for which there is no successful purchaser,
the municipality may, during the 24 months following
the
public
sale
referred
to in subsection
379( 5), enter
on and
inspect
the
land.
The
municipality
may
apply
to a provincial
judge
or a
justice of the peace for a warrant authorizing
a person
named in the warrant to inspect land that has been
offered
for
public
sale
under
subsection
379 (
2) but
for
which
there
is no successful
purchaser.
Upon receipt of an application of a municipality to incur
a debt, the Ontario Municipal Board may direct the
municipality
to give
notice
of the application
to such
persons
and
in such
manner
as the
Board
determines.
At least seven days before entering to carry out an
inspection, the municipality
shall, by personal service or by
prepaid
first
class
mail,
serve
a written
notice
of the
inspection
on the
owners
and
occupants
of the
land
as
shown by the records of the Land Registry Office and by
the last returned assessment roll of the municipality in
which
the
land
is located.
The notice shall specify:
the date on which the municipality
intends to enter on the
land to commence
the inspection
if the municipality
intends
to enter
on the
land
more
than
once
during
a period
of time
a description of any equipment and the period of time
during which the municipality intends to leave it on the
land.
A notice served under this section by prepaid first class
mail
shall
be
deemed
to
have
been
received
on the
fifth
day after the date of mailing of the notice.
Written notice of application for warrant to be given to the
owners
and
occupiers
of the
land
seven (
7) days
prior
to
application
being
considered.
The notice shall specify:
the time when
and
the place
where
the application
for the
issuance or extension of a warrant is to be considered;
the purpose of the application
and the effect of the
application being granted;
the length of time the municipality
is asking for a warrant
to be issued
or extended;
the right of an owner or occupant or a representative of
an owner or occupant to appear and make
representations;
and
the fact that if the owner, occupant
or representative
fails
to appear, the judge or justice of the peace may issue or
extend
the warrant
in their
absence.
Notice
of Debt
to be
provided
to
such
persons
and
in such
manner
as
determined
by the Ontario
Municipal
Board.
O. Reg. 586/ 06, ss.
4, 6
Before passing
a by- law to undertake
a work as a local
Local
Improvement
By- law
improvement under section 5, the municipality shall
give notice
of its intention
to pass the by- law, to the
public and to the owners
of the lots liable to be
specially charged.
Personal notice to an owner to be provided by one of the
following
methods:
served
personally;
sent
by prepaid
first class
mail
to the owner' s place
of
business or residence as set out in the municipality' s last
returned
assessment
roll, as most recently
revised; or
left at or sent by prepaid first class mail to the owner' s
actual
place of business
or residence, if known.
The notice to specify:
the
estimated
cost
of the
work;
the
estimated
lifetime
of the
work;
the estimated
special
charges
per metre
of frontage
for
the lots liable to be specially
charged;
when the special charges shall be paid;
if the municipality
intends to apply to the Ontario
Municipal
Board ( under section
8) for approval
to
undertake
the
work
as
a local
improvement,
i)
a statement that the municipality
intends to apply to
the Board for this purpose,
ii) a description of the right to object to the work being
undertaken
as a local improvement, and
iii) the last day for filing an objection;
a statement
of that
fact,
if applicable;
if the municipality
has not received
an approval,
recommendation
or petition
with respect
to the work,
i)
a description
of the right to petition
Council
not to
undertake
the work
as
a local
improvement,
ii) the last day for making the petition, and
iii) the
effect
of the
petition.