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Township of Schreiber
Policy Statement G-2007-05
NOTICE PROVISION POLICY
The Municipal Act, 2001 (the Act) requires that all municipalities 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. The
purpose of this policy is to establish standards for the giving of reasonable Notice.
This policy applies to all committees of Council, departments and staff.
The manner and form of Notice dictated in this policy shall be deemed minimum requirements.
Additional methods of giving Notice may be undertaken at the discretion of the Clerk or as directed
by Council. Notwithstanding the Notice requirements defined in this Policy, where the giving of
Notice to the public is required by legislation, Council may provide additional Notice, reduce or
amend such requirements upon passage of a resolution at a duly called meeting of Council,
provided the motion dictates an alternate method of giving Notice deemed to be in a form and
manner adequate to the circumstances. Where the giving of Notice to the public is not required by
legislation, Council may waive the Notice requirements dictated in the Policy by passage of a
resolution at a duly called meeting of Council.
STATEMENT OF INTENT
The Council of the Municipality, as a duly elected municipal government, is directly accountable
to its constituents for its legislative decision making, policies, and administrative functions. In
order to be accountable to the public, and transparent in its conduct, Council recognizes and
respects the principle of public information and consultation, and the need to communicate with
the public in a timely and efficient manner is vital to this process.
CORPORATE VALUES
Vision Statement
Our vision is growth for our community.
To do this, we will pro-actively:
promote and enhance the unique Schreiber experience
pursue new opportunities
establish strategic alliances
position Schreiber to act on opportunities
in keeping with our quality lifestyle.
Mission Statement
To respond to community needs and provide services with pride and respect in a friendly
manner, to the best of our abilities.
DEFINITIONS
For the purposes of this policy, the following shall be established as follows:
Act - The Municipal Act 2001, RSO.
Clerk - The Clerk of the Township of Schreiber.
Council - The Council of the Corporation of the Township of Schreiber.
Adopted by Bylaw 47-2007
Page 1 of 11
Newspaper - 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 provided to the public and/or general subscribers.
Notice - a written, printed, published, verbal, electronic or posted notification or announcement.
Township - The Corporation of the Township of Schreiber.
Website - the official Township of Schreiber website www.schreiber.ca
NOTICE CLASSIFICATIONS
For the purposes of this policy, the following shall be established as the Notice classifications:
Group Notice #1
This area of Notice infers to the personal Notice to an individual or a limited number of people.
It targets a very select group. It is recommended that this Notice be sent by registered mail to
the last known address or hand delivered. In certain instances, Notice by way of regular mail
may suffice.
Group Notice #2
Advertisement published in a newspaper once a week for three consecutive weeks and
published on the Township of Schreiber website.
Group Notice #3
Public Notice to be in the form of any or all of the following:
1. published in a newspaper at a minimum of one week prior to the passing of the
bylaw;
2. declared at an open meeting of Council that the subject will be placed on the next
regularly scheduled meeting of Council;
3. set out on the Council Agenda that is subsequently posted on the Township of
Schreiber website prior to a Council meeting.
Group Notice #4
Notice by letter through regular mail of the content and the passage of a bylaw to the
appropriate parties, (i.e. School Boards, Assessment Office, other government agencies). As a
courtesy the Township may post it on the website.
CONTENT 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:
1. Heading/Title noting subject of Notice;
2. Preamble providing the authority for the Notice;
3. Outline of the subject matter and purpose/effect of the Notice;
4. Date, time and location of the meeting at which the matter will be considered;
5. Inclusion of a map indicating affected jurisdiction and/or description as deemed applicable
to providing reasonable Notice;
6. Description of how and where comments and/or objections and/or appeal process may be
made;
7. Name and address of the person who will receive written comments on the issue that is the
subject of the meeting, and the deadline for receiving such comments;
Adopted by Bylaw 47-2007
Page 2 of 11
Adopted by Bylaw 47-2007
Page 3 of 11
8. Identification of manner of Notice provided as applicable under the requirements of this
policy; and
9. Inclusion of a signature line and/or printed name and date.
DEEMED MINIMUM STANDARDS
The manner and form of Notice dictated in this policy shall be deemed minimum requirements.
Nothing in this policy shall prevent the Clerk from using more comprehensive methods of Notice or
providing for a longer Notice period.
GENERAL
1. Where separate bylaws have been enacted in accordance with provisions contained in the
Act, the Notice provisions set out in such bylaws shall prevail.
2. No Notice shall be required under this policy where the provision of Notice will interfere with
the ability of Council to conduct business with respect to a matter permitted for a closed
session under Section 239 of the Act.
EMERGENCY PROVISION
If a matter arises, which in the opinion of the Clerk, in consultation with the Mayor, 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 Township of Schreiber, 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 prior Notice as is reasonable under the
circumstances. Failing to provide Notice prior to the action, the Clerk shall provide Notice as son
as practicable following the action.
ALTERNATE METHOD BY COUNCIL RESOLUTION
Notwithstanding the Notice requirements defined in this Policy, where the giving of Notice to the
public is required by legislation, Council may provide additional Notice, reduce or amend such
requirements upon passage of a resolution at a duly called meeting of Council, provided the motion
dictates an alternate method of giving Notice deemed to be in a form and manner adequate to the
circumstances. Where the giving of Notice to the public is not required by legislation, Council may
waive the Notice requirements dictated in the Policy by passage of a resolution at a duly called
meeting of Council.
NOTWITHSTANDING PROVISION
Where Notice of intention to pass a bylaw or Notice of a public meeting is required to be given
and the timeframe for such Notice is not already prescribed in the Act or its Regulations or
otherwise addressed in this policy, Notice shall be given by publication in a newspaper no less
than 4 days prior to the proposed activity to be undertaken.
Adopted by Bylaw 47-2007
Page 4 of 11
The following shall be established as the Notice Provisions - Statutory Notice Per Municipal Act, 2001 RSO:
Section
Subject Matter
When Notice is Required
Time Limits
Prescribed
Type of Notice
Required
(i.e.) - Public
- Reasonable
Notice
Requirements
(minimum)
Section 48
Change / naming of private
roads
A local municipality may name or change the
name of a private road after giving public Notice
of its intention to pass the bylaw.
Public
#2
Section 36
Depriving access to
controlled access highways
Notice to the public and the owner of any land
abutting the highway of intention to pass bylaw
Reasonable
Personal
#1
Section 81 (1)
Shut off of Public Utilities
Upon proposed shut-off by municipality of a
public utility
Reasonable
Public
#1
Section 110 (8)
Tax Exemption Bylaw
Upon the passing of a Bylaw under subsection
(6), the Clerk of the municipality shall give
written Notice of the contents of the Bylaw to:
1. the assessment corporation
2. the Clerk of any other municipality that
would, but for the Bylaw, have had authority
to levy rates on the assessment for the land
exempted by the Bylaw; and
3. the secretary of any school board if the area
of jurisdiction of the board includes the land
exempted by the Bylaw.
4.
Written Notice
#4
Adopted by Bylaw 47-2007
Page 5 of 11
Section
Subject Matter
When Notice is Required
Time Limits
Prescribed
Type of Notice
Required
(i.e.) - Public
- Reasonable
Notice
Requirements
(minimum)
Section 173 (3)
Restructuring Proposal
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
Prior to Council
voting
Shall consult
Consultations with
public by holding
one public meeting
#3
also through
Ministerial
regulations
Section 174 (12)
Commission on restructuring
The commission shall give Notice to the public
in the prescribed geographic area advising them
of the opportunity to inspect the restructuring
proposal
set by the
Commission
shall give Notice to the
public in the prescribed
geographic area
advising them of the
opportunity to inspect
the restructuring
proposal.
#3
set by the
Commission
Section 206
Powers to establish
Corporations (Improvement
Areas) (BIA)
A board of management shall give reasonable
Notice to the general membership of the
improvement area of a meeting to hold a vote
under clause 204 (3) (b) or for the purposes of a
discussion under subsection 205 (1).
date and time set my
municipality
to general membership
#3
Adopted by Bylaw 47-2007
Page 6 of 11
Section
Subject Matter
When Notice is Required
Time Limits
Prescribed
Type of Notice
Required
(i.e.) - Public
- Reasonable
Notice
Requirements
(minimum)
Section 210
BIA Bylaw
Prior to passing a Bylaw and Prior to
designating an area as an improvement area
and establish a board of management and to
set levy upon rateable property in the
improvement area
Prepaid mail to the
Board of Management
of improvement
area...and every
person assessed for
rateable property
within improvement
area
#1
Section 211
BIA - Repealing Bylaw
Council shall give Notice to repeal a Bylaw
(s.204) if municipality received resolution or
request
Before passing the
Bylaw changing the
name
A municipality shall
give Notice before
passing a Bylaw and
shall hold at least one
public meeting.
#1
Section
238(2.1)
Giving of Notice
The Procedural Bylaw shall provide for public
Notice of meetings.
As approved by
Council.
Public Notice
#3
Section 260 &
262
Council member resignation
Notice in writing filed with the Clerk (not
effective if it would reduce the numbers to less
than a quorum).
Public in writing in
accordance with
Municipal Elections
Act.
None
Section 268
Sale of land procedures
Prior to the sale of proposed land
As per Policy under
Section 270
Public
#3
Section 283
Council remuneration &
expenses
Council shall review a bylaw under subsection
5 at a public meeting at least once during the
term of office of its members after a regular
election
Public and holding
of one public
meeting
Public
#3
Section 291
Budget - adopt or amend
Prior to adopting or amending the budget, the
municipality shall give public notice of its
intentions
Reasonable Notice
Public
#3
Adopted by Bylaw 47-2007
Page 7 of 11
Section
Subject Matter
When Notice is Required
Time Limits
Prescribed
Type of Notice
Required
(i.e.) - Public
- Reasonable
Notice
Requirements
(minimum)
Section 295
Financial Statements -
Publication
Within 60 days after receiving the audited
financial statements of the municipality for the
previous year.
60 days after
receipt
Public Notice
#3
Section 297
Auditor's right to attend -
Right of Access
Auditor's entitlement to attend any meeting and
receive all Notices relating to the meeting and
to make representation as required.
As requested
Reasonable Notice
#1
Section 307
Establishment of Tax Ratios
Ministerial regulations requiring municipalities
to give notice of tax ratios
Reasonable
Public
#3
Section 331
Taxes on Eligible Properties The local municipality shall mail to the owner of
each eligible property the list of the comparable
properties and the determination made under
subsection (2) with respect to that eligible
property within 60 days after the date the list is
received by the local municipality
Within 60 days
List of comparable
properties
#1
Section 343
Notice of Tax Bill
The Treasurer shall send a tax bill to every
taxpayer at least 21 days before any taxes
shown on the tax bill are due.
21 days prior to due
date
Notice of Tax Bill
#1
Section 348
Determination of Tax Status
Upon making the determination of every tax
account as of December 31st of the preceding
year
By February 28th in
each year
Notice of Tax Arrears
& related late payment
charges
#1
Section 350
Obligations of tenant - taxes
owed
Taxes owed in respect of any land occupied by
tenant
To tenant in writing
requiring tenant to pay
rent in respect of the
land
#1
Section 351
Seizure personal property -
Public Auction
When Treasurer sells all or part of seized
personal property to recover taxes & costs of
seizure
at time set by
Treasurer
Public Notice
#1 & #3
Adopted by Bylaw 47-2007
Page 8 of 11
Section
Subject Matter
When Notice is Required
Time Limits
Type of Notice
Required
(i.e.) - Public
- Reasonable
Notice
Requirements
Section 357 (6)
Cancellation, reduction,
refund of taxes
Within 14 days after making its decision, Council
shall notify the applicants of the decision and
specify the last day for appealing the decision
Within 14 days of
decision
Applicant and ARB
#1
Section 358
Overcharges caused by a
gross or manifest error
Treasurer to send copy of application to the
Assessment Corporation and Assessment
Review Board; and to notify applicant of invalid
application
On or before
September 30th of
the year following
the year in which the
application is made
Hold a meeting where
applicant may make
representation to the
Council
#1 and #4
Section 359
Increase of Taxes as a result
of any undercharge caused
by a gross or manifest
error...but not an error in
judgement in assessing the
land
Upon application made by the Treasurer
Within the year in
which the application
is made
In writing to the person
in respect of whom the
application is made
#1 and #4
Adopted by Bylaw 47-2007
Page 9 of 11
Section
Subject Matter
When Notice is Required
Time Limits
Prescribed
Type of Notice
Required
(i.e.) - Public
- Reasonable
Notice
Requirements
(minimum)
Section 374 (1)
Notice of Registration of Tax
Arrear Certificate
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.
Where the land is registered under the 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).
3.
Where the Registry Act applies to the land,
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). 2001, c. 25,
s. 374 (1); 2006, c. 32, Sched. A, s. 153.
Within 60 days
Notice of Registration of
certificate
#1
Adopted by Bylaw 47-2007
Page 10 of 11
Section
Subject Matter
When Notice is Required
Time Limits
Prescribed
Type of Notice
Required
(i.e.) - Public
- Reasonable
Notice
Requirement
s (minimum)
Section 379 (1)
Public Sale (Tax Arrears
Certificate)
If the cancellation price remains unpaid 280
days after the day the tax arrears certificate is
registered, 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
within 30 days after
the expiry of the 280-
day period
Final Notice that 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.
#1
Section 380 (3)
Payment into Court - proceeds
of sale
after making a payment into court under subsection
380(2) (following sale of land)
within 60 days
copy of a statement to the
Public Guardian and
Trustee and to the persons
to whom the treasurer sent
Notice under subsection
379(1)
#1
Section 388 (2)
Notice of forfeiture registered
If, before January 1, 2004 a Notice of forfeiture was
registered with respect to any land under section 23
of the Municipal Tax Sales Act, 1984, the land is
vested in the municipality upon registration as it read
on December 31, 2002,
Before January 1,
2004
Registration of a Notice of
forfeiture
#1
Section 400
- Regulations
Fees and Charges imposed by
a municipality on a person
constitute a debt of the person ~
amount owing added to tax roll
Prior to passing a bylaw imposing the fees and
charges which have priority lien status which are
added the tax roll.
none provided
Notice of intent to pass a
Bylaw ~ In the manner
and form and at the times
As prescribed by the
Minister
#1
Adopted by Bylaw 47-2007
Page 11 of 11
Section
Subject Matter
When Notice is Required
Time Limits
Type of Notice
Required
(i.e.) - Public
- Reasonable
Notice
Requirements
Section 435(2)
Conditions Governing Power
of Entry
When Notice is required, the Notice must satisfy
the following requirements:
1. Be given to the occupier of the land in
respect of which the power of entry will be
exercised.
2. Must be given within a reasonable time
before the power of entry is exercised.
3. Must be given by personal service in the
case of a proposed exercise of a power of
entry under section 79, 80 or 446 in respect
of a room or place actually used as a
dwelling.
4. In the case of a proposed exercise of a
power of entry other than one described in
paragraph 3, the Notice must be given by
personal service or prepaid mail or by
posting the Notice on the land in a
conspicuous place. 2006, c. 32, Sched. A,
s. 184
must provide
reasonable Notice of
the proposed entry
inform occupier of the
land by personal
service or prepaid mail
or by posting the
Notice on the land in a
conspicuous place
#1
Section 447(3)
Closing premises , Public
Nuisance
Notice to the Attorney General....Upon the
application of a municipality, where activities or
circumstances constitute a public nuisance....
the Superior Court of Justice may make an
order...be closed to any use...not to exceed two
years.
15 days Notice of its
intention to make an
application
Letter of application
#1
Section 440
Collection of unpaid licensing
fines
Whenever any part of a fine for a contravention
of a licensing Bylaw passed under the Municipal
Act remains unpaid after the fine becomes due
and payable under section 6 of the Provincial
Offences Act.
No date specified
Written Notice
specifying the amount
of the fine payable and
final date to pay (no
less than 21 days after
date of Notice)
#1