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The Corporation of the Township of North Kawartha
By-law 2021-0115
Being a by-law of the Corporation of the Township of North Kawartha to
establish a policy with respect to the circumstances in which notice to the
public shall be provided and the form, manner and times notice shall be
given.
Whereas Section 270(1 )(4) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, makes provision in part, that Municipalities adopt and maintain policies
for 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;
Whereas sections of the Municipal Act, 2001, 5.0. 2001, c.25, as amended,
requires 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 mailers;
Now Therefore the Council of the Corporation of the Township of North Kawartha
enacts as follows:
1. Definitions
In this By-Law:
a) "Clerk" means the Clerk of the Township of North Kawartha.
b) "Council" means the Municipal Council of the Township of North Kawartha;
c) "Municipal Act" shall mean the Municipal Act, 2001, S.O. 2001, c.25, as
amended;
d) "Municipality" shall mean The Corporation of the Township of North
Kawartha
e) "Newspaper" means a printed publication in sheet form, intended for
general circulation to all parts of the Township, published at regular
intervals of no longer than a week and consisting in great part of news of
current events and general interest and is sold or circulated to the public
and general subscribers.
For the purpose of this By-Law, Peterborough This Week and the
Peterborough Examiner are deemed to be such newspapers. Only one
shall be required unless otherwise specified.
f)
"Notice to the Public" or "Public Notice" means notice given to the public
generally but does not include notice given only to specified persons;
g) "Posted" means posting of notice in public places, such as local municipal
buildings and Community Centres or on the Township website or Social
Media platform.
h) "Social Media Platform" shall mean the official social media pages of the
Township of North Kawartha including, but not limited to, Facebook, Twitter,
YouTube and lnstagram.
i)
"Website" shall mean the official Corporation of the Township of North
Kawartha internet website.
2. Application and Provisions
a) Where the municipality is required to give Notice to the Public under a
provision of any Act, the Notice to the Public shall be given in a form and
manner and at the times indicated in this by-law, unless,
i.
The Municipal Act, another Act or a regulation prescribes
otherwise for the Notice to the Public;
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ii.
The requirements for the Notice to the Public are prescribed in
another by-law; or
iii.
Other Notice is directed by Council.
b) The notice requirements under this by-law are minimum requirements and
the Clerk is authorized to give notice to the public in an extended manner if,
in the opinion of the Clerk, the extended manner is reasonable and
necessary in the circumstances.
c) Where notice of a public meeting or notice of intention to pass a by-law has
been given in accordance with this by-law, Council may adjourn the public
meeting to another specified date, or may adjourn to continue consideration
of the by-law to another specified date. On such subsequent date, notice
shall be deemed to have been sufficiently given to continue the public
meeting or consideration and pass the proposed by-law.
d) Where there is a conflict between this by-law and a provision of any act or
of another by-law, the provisions providing for the greatest notice shall
apply.
e) Where a notice is required under any act, but, is not provided for specifically
in this by-law, a notice which would substantially inform a reasonable
person of the subject matter to which the notice relates shall be deemed to
be adequate and in compliance with this by-law.
f)
This by-law does not apply to notices that are otherwise provided for in a
procedural by-law passed pursuant to Section 238 of the Municipal Act.
g) The Municipality shall give Notice to the Public of the matters contained in
Schedule "A" to this by-law.
3. Time of Notice
a) 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.
4.
Form of Notice
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) Description of the purpose of the meeting, or the purpose and effect of the
proposed bylaw;
b) Date, time and location of the meeting;
c) Where the purpose of the meeting or proposed by-law is related to specific
lands within The Township, a key map showing the affected lands, or an
explanation why no description or key map is provided.
d) Land Matters
- The name and address of the person who will receive
written comments on the issue which is the subject of the meeting and the
deadline for receiving such comments.
5. Primary Method of Notice
a) The notice shall be posted on the Township of North Kawartha website at
least once during the fourteen days prior to the meeting at which the matter
will be first considered, and an opportunity is provided for members of the
public to speak to the matter. A public notice utilizing the municipal
website, shall be sufficient even if the Township of North Kawartha website
is not accessible at all times during the public notice posting period. All
public notices shall appear on a dedicated landing page (News). The public
may subscribe to the Township website and select specific news items for
direct delivery to their email.
b) The notice shall be posted on the Township of North Kawartha official
Facebook social media platform and, when possible, have a link inciuded in
the post referring to the Township of North Kawartha website for more
information.
c) The subject matter of the notice shall be listed and identified on a Council
agenda if required.
6. Additional Notice
a) Based upon the discretion of the Clerk, additional platforms may be used to
broadcast public notices, if applicable. These platforms include, but are not
limited to, newspaper, billboard, LED news board or radio announcement.
b)
If the matter is deferred at the open meeting, or considered at a subsequent
meeting of which notice has been given previously, no additional notice is
required, except where an act or by-law provides, or Council directs
otherwise.
7. Emergency Provision
a)
If a mailer arises, which in the opinion of the Clerk, in consultation with the
Mayor andlor Chief Administrative Officer (CAO), 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 municipality, or if a Declaration of Emergency
is made, or is so advised by a Provincial Ministry, the notice requirements
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of this by-law may be suspended and best efforts will be made to provide as
much notice as is reasonable under the circumstances.
b) Nothing in this by-law shall prevent the Clerk from,
i.
Using methods of notice that, in the Clerk's opinion, are more
effective; or
U.
Providing for a longer notice period.
8. Repeal of Existing By-Law
a) That By-Law 2003-0003 and any other by-laws contrary to this by-law be
repealed.
This by-law shall come into effect on the 2W day of December, 2021.
Read and Adopted in open Council on the 21st day of December, 2021
by
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Carolyn Amyotte, Mayor
Connie Parent
Signed with ConsignO Cioud (2321/12/22)
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Connie Parent, Clerk
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chedule "A"
The following actions require notice by the municipality:
Ontario Heritage Act R.S.0. 1990, c.0.18, as amended
Action
.Nl sections
All actions
Municipal Act 5.0.2001, chap. 25, as amended
Highways
Action
S. 34 (1)
Permanently closing Highway
S. 40
Establishing Tofl highways
5. 11
Naming or changing the name of a highway
5. 48
Naming or changing the name of a private road
Structures, Including Fences and Signs
ii
5
Passing or amending a by-law concerning advertising
-
devices, induding signs
S. 133
Passing or amending a by-law concerning fortification of land
Licensing and Registration
S. 150
Passing or amending a licensing by-law
S. 150
Passing or amending a by-law requiring the registry of
businesses
9hange of Name
S. 187
Passing or amending a by-law to change the name of the
municipality
hanges to Council
S. 217
Passing or amending a by-law changing the composition of
Council
iVards
5. 222
Passing or amending a by-law respecting the establishment
or dissolution of wards
Procedure By-law
5. 238 (2)
Enacting or amending a procedural by-law
udget
5. 290
Adopting all or part of a Budget
ees and Charges
5. 391
Passing or amending a by-law establishing a fee or charge