Public Notice Policy — full text

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l THE CORPORATION OF THE TOWNSHIP OF SOUTH STORMONT BEING BY-LAW NO. 2015-119 a by-law to repeal By-law No. 2008-04, and to adopt a Public Notice Policy for the Township of South Stormont. WHEREAS AND WHEREAS AND WHEREAS AND WHEREAS AND WHEREAS NOW THEREFORE 1. 2 3 the Municipal Act, 2001, S. 5 (1) provides that the powers of a municipal corporation are to be exercised by its council; the Municipal Act, 2001, S. 5 (3) provides that the powers of every council are to be exercised by by-law; the Municipal Act 2001, c. 25, provides that a municipality adopt and maintain a policy with regard to the circumstances that 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 Township of South Stormont did pass By-law No. 2008-04 on January 9, 2008, being a by-law to adopt a Public Notice Policy for the Township of South Stormont; the Township of South Stormont deems it necessary to amend the Township's Public Notice Policy. Council of the Township of South Stormont hereby enacts as follows: That By-law No. 2008-04 is hereby repealed. That the Township of South Stormont Public Notice Policy, attached hereto as Schedule "A" and forming part of this by-law, is hereby adopted. That any other by-law inconsistent with this by- law is hereby repealed. READ AND PASSED in open Council, signed and sealed this 16"' day of December, 2015. T Mayor §;&.l-/ll Clerk . .4 . r,. "1"-\ (- .- =J ,_, Q1-. I \> -\/ , .».'1 -.z / 1' ¢ 'L' 'R \ Y ' .\"\ '\ .-.- fl _ ,9 7:: ¢ uc',~' .I Public Notice Policy By_|a€vc:|%dL;€1";_1 19 'sou _ _ ° M" Section : Corporate Services .- Ff]- .--; 1| Date of Origin: Subject: Policy to Provide the Form and De¢em|;,e|- 15, 2915 " Manner that Notice Shall be Provided to the Public WN w° #1,' e.' i ' . E ',:\__ 13 '> Jpvowﬂﬁ Policy Statement: The Corporation of the Township of South Stormont is an accountable and transparent organization that believes that its residents should be made aware of the business of the municipality. The Municipal Act, 2001, as amended, affirms that the municipality shall 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. ..otwithstanding the notice requirements dictated 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. Purpose: In accordance with the Municipal Act, 2001, as amended, the municipality must establish standards for the giving of reasonable notice to the public and, if notice is to be provided, the form, manner and times notice shall be given. Definitions: "Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, from time to time, and includes any regulation made thereunder. "Municipal Website" means the website maintained by the Township of South Stormont. "Chief Administrative Officer" means the Chief Administrative Officer for the Municipality, or that person's designate. "Clerk" means the Municipal Clerk, or that person's designate. SOUTH STORM-ONTH.CO'RPO.RATE'i SERVICES" . f; . . .1 .. . ,.;-"|;epa_r-tmeni; Head!'-"means: _a_- 'De'pa_rt;me|§1t.~'Hea_d_fo'If.~th'e_-Town'ship of.-.s.o_uth I; I $t0F"10U;t}.:QT.ith'a.t. 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I: 1' l" 1- 1- -- I W_here'noti_C.e4;iCi,f i_nt_en_t_iorl to I-p'a's's ai By-:law_"or'_noti'ce. of 'ajpi."ibl_i.c .m"_ee_ti'n:ig: -i_s_- required to be"given,f;Such- notice shalil.-,b€'l3.F'Ov.i'ded_' in the time -fra'n,'1e]p,res'crib_e_d in the Municipal» - _-Act, 2001',' ' a.S.;'a,m"ein.ded, 'g>_r_- itjs} re_g"u_la_tioris, and if not, so 'pres'c'rijbje.d-',_"notice-jishall be » - , .'g'iv_en_- at _lea'_s_'t;o_nce fduring: the.-fo..Ll.rt_een' (.14); days _ipr.'ioii ;t0]the' 'pro'poSed. -action» bein,gi' . taken ' g; ; ;;i_,y_;.;<§;_";;;_y;j__;;;1.g;;,";;l.gi;§;q:;" f_'l;;,; f |:_o'|§m qflN¢|;'i1¢e';_r "'-.j1_;';;." .-I 1]; 1 _ Unless otheirwise-.ipr_escribed .inv'the]'Mu/jicipai Act, 120.01,_.ajs a'm_ende;d"_or' .its regulations, where notice-of intentionlto'-'pass a.§By_+law. or; notiiyceof a;pu'bliC__me_etin'g is required to be gi_v.en_~,'th_e form of =t_her notice 'shall 'i_nclude'_theIfo.llowing infor_m_~atiio_n: I _ ', . I .1 . a) A'd"es¢i;'ripti.on of. theplurrpose of the .meeting,'or?th'e fpurpose:'a.n_d*effect of the " ' . p. -_'m-Hoposed ,By._i'a'w;»~ 4:. _;. :. -_§'-11 ;.. 13:11' . ->_:.. _» .. It "'5." b) _T§h_€.da_t.€:,_.ti'ITI¢.and: lO_Céti_0.I1_Qf;i1I.h_€ _I7ﬂ_€=€ti-ﬁg;-_-§_ 9" I1 _';i 1.';'lf; A13.-If ~ c) Where-the purposeof the _meetin_g or]_proposed"By-law is related_to_spe'cific _ _" l'an'<_;l$-w.ithi_n"_th'e'Mu_nicipa_lity,"akeymap.s'howi'ng_thej;ffectedlands;"and, 1 ; d.) The n'.ame;an_d _a_dd_ress:of'thef_pers'oi7i wyhofwill receive; written, comments on the -3. - issue which: is the_{subj_ect; of the-jniieet'ing: an'd,th"eIdelad.l~i_ne for; receiving such . " SOUTH STORMONT CORPORATE SERVICES Public Notice Policy X L/' General: A A Nothing in this By-law shall prevent the Chief Administrative Officer (CAO), or Department Head from using more comprehensive methods of notice or providing for a longer notice period. . Emergency Provision: T If a matter arises, which in the opinion of -the CAO or Clerk, in consultation with the Head of Council, 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 South Stormont, 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 CAO, Clerk, or Department Head shall make his/her best efforts to provide as much notice as is reasonable under the circumstances. Policy Applications: A Schedule A -- Notice Requirements Contained in the Municipal Act. \ l Page 3 of 20 SOLITH STORMONT CORPORATE SERVICES Public Notice Policy . M) SCHEDULE "A" \ l Public Notice Policy Notice Requirements Contained in the Municipal Act - Municipal Act Section and Subject Requirement of Municipal Act Township of South Stormont Requirements 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 by-law. As required by the Act Notice to be published in a local newspaper, two (2) weeks prior to Council meeting at which the matter is being considered.- Website posting two (2) weeks prior to Council meeting at which the matter is being considered. Section 81 Shut off of Public Utility Without limiting sections 9, 10 and 11 a muriicipality may shut off the supply of a public utility by the municipality to land if fees and charges payable by the owners or occupants of the land for the supply of the public utility to the land are overdue. Despite subsections (1) and (2), a municipality shall provide reasonable notice of the proposed shut-off to the owners and occupants of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place. As required by the Act Section 110 Agreements for Municipal Capital Facilities /"W dil Upon the passing of a by-law permitting a municipality to enter into an agreement under this section, the Clerk of the municipality shall give written notice of the by-law to the Minister of Education. _ As required by the Act Page 4 of 20 1' \_\__/'l SOUTH STORMONT CORPORATE SERVICES Public Notice Policy ' i \/ Section and Subject T MunicipaI'Act Requirement of Municipal Act Township of South Stormont Requirements Section 110 Agreements for Municipal Capital Facilities -- Tax Exemptions Upon the passing of a by-law under subsection (6), the clerk of the municipality shall give written notice of the contents of the by-law to, (a) the assessment corporation; (b) the clerk of any other municipality that would, but for the by-law, have had authority to levy rates on the assessment for the land exempted by the by-law; and (c) the secretary of any school board if the area ofjurisdiction of the board includes the land exempted by the by-law. As required by the Act Section 173 Restructuring Proposal I 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. As required by the Act Council shall hold at least one (1) public meeting. Website posting two (2) weeks prior to the public meeting. Section 174 Commission The commission shall notify each municipality in the prescribed geographic area of its opportunity to make representation and shall advise them where they can inspect written submissions received by the commission. The commission shall give notice to the public in the prescribed geographic area advising them of the opportunity, (a) to inspect the draft; ~ (b) to make representations at the public meeting and to give written submissions by the deadline; and (c) to inspect the written submissions received by the corrimission. As required by the Act Page 5 of 20 l\_/l SOUTH STORMONT CORPORATE SERVICES Public Notice Policy /my Municipal Act Section and Subject Requirement of Municipal Act Township of South Stormont Requirements Section 187 Change of Name of Municipality A municipality that passes a by-law changing its name shall send a copy of the by-law to the Director of Titles appointed under the Land Titles Act and to the Minister promptly after its passage. As required by the Act Council shall hold at least one public meeting. Website posting two (2) weeks prior to the public meeting. \ l Sections 204- 210 Business Improvement Area /' 'l K./l A local municipality may designate an area as an improvement area and may establish a board of management. 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) 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) where a new improvement area would be created by the proposed by-law, in the proposed improvement area. As required by the Act Page 6 of 20 SOUTH STORMONT-CORPORATE SERVICES Public Notice Policy ' Municipal Act Requirement of Municipal Act Township of South l I \ Subject Section and Stormont Requirements Section 211 Business Improvement Areas Repealing By-law Council shall give notice of a proposed by-law to repeal a by-law establishing a business improvement area. 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) 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) where a new improvement area would be created by the proposed by-law, in the proposed improvement area. Notice shall be given within 60 days of receiving a valid request to repeal the by-law. Recipients are to respond within 60 days after the last day of mailing of the notices. - As required by the Act l 4?,' Section 217-219 Council Composition Before passing a by-law described in section 218,. the municipality shall give notice of its intention to pass the by-law and shall hold at least one public meeting to consider the matter. As required by the Act Council shall hold at least one (1) public meeting. Notice to be published in A newspaper two (2) weeks prior to the public meeting. Website posting two (2) weeks prior to the public meeting. Page 7 of 20 SOUTH STORMONT CORPORATE SERVICES Public Notice Policy I,. Municipal Act Requirement of Municipal Act Township of South Section and Stormont ' Subject Requirements . /A' 1'4 Section 222 Establishment of wards 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 (4). Council shall hold at least one (1) public meeting. Website posting two (2) weeks prior to the public meeting. Notice to be published in the newspaper fifteen (15) days prior to the of passing of by- law. Website posting within ﬁfteen (15) days of passing by-law. Section 238 » Procedural by- law No public notice requirement prior to passage of a procedural by-law Any change to the procedural by-law or the introduction of a new procedure by-law will require: Website posting two (2) weeks prior to public meeting. v/'\(. \ . \_,./,' Section 295 Financial Statements Publication Within 60 days after receiving the audited ﬁnancial statements of the municipality for the previous year, the treasurer of the municipality, a) shall publish in a newspaper having general circulation in the municipality, 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 (ii) to such persons and in such persons and in such other manner as the treasurer considers appropriate. As required by the Act. Page 8 of 20 ~. K l SOUTH STORMONT CORPORATE SERVICES Public Notice Policy l 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. Municipal Act Section and Subject Requirement of Municipal Act Township of South Stormont Requirements Section 308 Establishment of Tax Ratios 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. As required by the Act Section 318 Phase-in of Tax Changes Resulting from Reassessments A notice of demand of taxes payable in respect of which there is a phase-in shall indicate the amount of taxes that would have been payable without the phase-in, the amount of taxes that are payable and the difference. As required by the Act Section 331 Taxes on Eligible . Properties The assessment corporation shall provide a list of the comparable properties for each eligible property [as defined in 331(20) -ie properties with additional assessments; properties that cease to be exempt; properties that are added to the roll due to subdivision or severance of land; or properties for which there is a change in classification]. The municipality shall mail to the owner of each eligibleproperty the list of comparable properties, along with the municipality's determination of taxes, within 60 days after the date the list of comparable properties is received by the municipality. As required by the Act Section 342 By-laws re: instalments The use by a taxpayer of the alternative instalments and due dates under clause (1) (b) ceases if, (a) the taxpayer requests the cessation in writing; (b) the taxes of the taxpayer are unpaid after the due date and the treasurer gives written notice to the taxpayer that the alternative instalments and due dates may no longer be used; or (c) the municipality, for any year, does not establish such alternative instalments and due dates. As required by the Act Section 343 Notice of Tax Bill The treasurer shall send a tax bill to every taxpayer at least twenty-one (21) days before any taxes shown on the tax bill are due. As required by the Act Page 9 of 20 SOUTH STORM.Ol\lT CORPORATE SERVICES Public Notice Policy 1./1 %"'\.\l Municipal Act Section and Subject Requirement of Municipal Act Township of South Stormont Requirements Section 348 Determination Tax Status of The treasurer shall by February 28 in each year determine the position of every tax account as of December 31 of the preceding year. On making this determination, the treasurer shall send to every taxpayer who owes taxes from a preceding year a notice of those taxes and of the related late payment charges. The notice may be sent with a tax bill. . As required by the Act. Section 350 Obligations of Tenant - Taxes Owed I Where taxes are owed in respect of land occupied by a tenant, the treasurer may give the tenant notice 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. As required by the Act. Section 351 Seizure Personal Property - Public Auction ,l Subject to certain conditions, the treasurer 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. Website posting two (2) weeks prior to auction. Notice to be published in the newspaper two (2) weeks prior to auction. Written notice by mail, posted three (3) weeks prior to auction, to sheriff, bailiff, 7 assignee, liquidator, trustee or licensed trustee in bankruptcy. Page 10 of 20 SOUTH STORMONT CORPORATE SERVICES Public Notice Policy Municipal Act Requirement of Municipal Act Section and Subject Township of South Stormont Requirements Section 356 Division of Land into Parcels Upon application by.the treasurer of a municipality or to the treasurer by an owner of land, the municipality may divide land into two or more parcels; apportion unpaid taxes; and direct part payment of taxes to each of the parcels. On or before September 30 of the year following the year in which the application is made, council shall hold a meeting to consider the issue. Applicants and owners of any part of the land shall be notified of the meeting by mail sent at least 14 days before the meeting. Within 14 days of making its decision, council shall notify the applicants and owners of the decision and specify the last day for appealing the decision. ' As required by the Act \ Oil l Section 357 Cancellation, Reduction, Refund of Taxes Upon receipt of an application, and subject to certain conditions, the municipality may cancel, reduce or refund all or part of taxes levied. On or before September 30 of the year following the year in respect of which the application is made, council shall hold a meeting at which all applicants may make representations to-council. Applicants shall be notified of the meeting by mail sent at least 14 days before the meeting. Within 14 days of making its decision, council shall notify the applicants of the decision and specify the last day for appealing the decision. \ As required by the Act Page ll of 20 SOUTH STORMONT CORPORATE SERVICES. Public Notice Policy /~\ ("$1 \_/ Subject .- /\g,l Municipal Act Requirement of Municipal Act Township of South Section and Stormont Requirements Section 358 Overcharges Caused by a Gross or Manifest Error l l 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 the application is deemed to be invalid, the treasurer shall notify the applicant in writing of the reasons that it is not valid. On or before September 30 of the year following the year in which the application is made, council shall hold a meeting at which the applicant may make representations to council. The applicant shall be notiﬁed of the meeting by mail sent at least 14 days before the meeting. Within 14 days after making its decision, council shall notify the applicant of the decision. As required by the Act. Section 359 Increase of Taxes as a Result of any Undercharged Caused by a Gross or Manifest Error 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. The council shall hold a meeting at which the treasurer and the person in respect of whom the application is made may make representations to council. The council shall notify the parties of the meeting by, mail sent at least 14 days before the meeting. Within 14 days of making its decision, council shall notify the parties of the decision and specify the last day for appealing the decision. As required by the Act. Section 361 Rebates for 'Tl \\ __Z'i charities Despite this Act, no fee may be charged by the municipality to process an application under this section. Not commenced until 120 days after providing notice to the eligible charity. Section 365 Tax Reduction for Heritage Property If a local municipality passes a by-law to provide tax reductions or refunds to eligible heritage. property, the Minister of Finance shall be notified within 30 days after the -by-law is passed. As required by the Act. Page 12 of 20 SOUTH STORMONT CORPORATE SERVICES Public Notice Policy Municipal Act Section and Subject Requirement of Municipal Act Township of South Stormont Requirements Section 374 Notice of Registration of Tax Arrears 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 assessed owner of the land, to the spouse of the assessed owner of the land, and to every person appearing to have an interest in the land at the time of closing of the land registry office on the day the tax arrears certiﬁcate was registered. As required by the Act Sections 379 to 381 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. 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. As required by the Act Page l3 of 20 I A \,1) ,1 1 u '- 1/ SOUTH STORMONT CORPORATE SERVICES Public Notice Policy \ Subject Cl Municipal Act Requirement of Municipal Act Township of South Section and - ~ - Stormont Requirements Section 385' Collection of tax arrears by upper-tier municipality Where a by-law is passed under subsection (4), the clerk of the municipality passing the by-law shall forthwith send a certiﬁed copy of the by- law by registered mail to the treasurer of the other municipality. As required by the Act. l I I l Section 386.2 Tax Sales -- Entering to Carry out Inspection without Warrant The following apply to an inspection under this Part carried out without a warrant: 1. At least seven days before entering to carry out an inspection, the municipality shall, by personal service or by prepaid 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. 2. The notice shall specify the date on which the municipality intends to enter on the land to commence the inspection. 3. If the municipality intends' to enter on the land more than once during a period of time, th notice shall specify that period. 8 4. If the municipality intends to leave equipment on the land for a period of time, the notice shall set out a description of the equipment and the period of time during which the municipality intends to leave it on the land. 5. A notice served under this section by prepaid mail shall be deemed to have been received on the ﬁfth day after the date of mailing of the notice. 6. A municipality shall not use force against any individual in carrying out the inspection. 7. A municipality shall only enter on land to carry out an inspection between the hours of 6 a.m. and 9 p.m. unless, after or concurrent with serving the notice under paragraph 1, the municipality has given at least 24 hours written notice of the intent to inspect the land at other hours to the occupants by personal service, prepaid mail or by posting the notice on the Ian in a conspicuous place. d As required by the Act. Page 14 of 20 \.__.»< \_/1 / A 'l 1 . K /i SOUTH STORMONT CORPORATE SERVICES Public Notice Policy /' . . 7 Municipal Act Requirement of Municipal Act Township of South Section and . Stormont Subject Requirements \ Section 386 Tax Sales -- Entering to Carry out Inspection with Warrant ) K . Notice of application for warrant (2) The municipa|itY Shall give the owners and occupiers of the land seven days written notice of, (a) the time when and the place where the application for the issuance or extension of a warrant is to be considered; (b) the purpose of the application and the effect of the application being granted; (c) the length of time the municipality is asking for a warrant to be issued or extended; (d) the right of an owner or occupant or a representative of an owner or occupant to appear and make representations; and (e) 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. As required by the Act Section 400 Regulations Local Improvement Charges -- Priority Lien Status Under Section 400, 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. As required by Regulation of the Act Section 402 Notice of Debt 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. i ' As required by the Ontario Municipal Board. Section 435 Conditions governing powers of entry Unless otherwise provided in this Act, in an order under section 438 or in a warrant under section 439, the following conditions apply to the exercise of a power of entry of a municipality under this Act: 1. The power of entry shall be exercised by an employee, ofﬁcer or agent of the municipality or a member of the police force of the municipality. 2. The person exercising the power must on request display or produce proper identiﬁcation. 3. The person exercising the power may be accompanied by a person under his or her direction. Page 15 of 20 l SOUTH STORMONT CORPORATE SERVICES Public Notice Policy. s-ac, K Ml Municipal Act Requirement of Municipal Act Township of South Section and Subject Stormont Requirements F \l \. /' / "'~l "C/1 l l l 4 4. Notice of the proposed entry shall be provided to the occupier of the land except, ipwhere the entry is authorized under section 436, clause 437 (a) or (e) or section 439, ii. where the entry is authorized under section 438 in respect of a premises other than a room or place actually used as a dwelling, iii. where entry is authorized onto land |.|nder section 62, 87 or 97 or Part XI, or iv. where the delay necessary to give notice of the entry would result in an immediate danger to the health or safety of any person. 5. The municipality shall restore the land to its - original condition in so far as is practicable and shall provide compensation for any damages caused by the entry or by anything done on the land except where the entry, i. is under section 446, or ii. is under Part XI if, under that Part, the treasurer registers a notice of vesting, in the b name of the municipality, in respect of the land. Where subsection (1) requires that notice of a proposed exercise of a power of entry be given, the notice must satisfy the following A requirements: 1. The notice must be given to the occupier of the land in respect of which the power of entry will be exercised. 2. The notice must be given within a reasonable time before the power of entry is exercised. 3. The notice 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. ' Page 16 of 20 SOUTH STORMONT CORPORATE SERVICES Public Notice Policy N) \ /'( /F \. l I I l.. Municipal Act Section and Subject Requirement of Municipal Act Township of South Stormont Requirements Section 441 Collection of Unpaid Licensing Fines If any part of a ﬁne for a contravention of a business licensing by-law remains unpaid after the ﬁne becomes due and payable under section 66 of the Provincial Offences Act, the authorized ofﬁcer may give the person against whom the ﬁne was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than 21 days after the date of the notice. As required by the Act Section 447 Closing premises, public nuisance Notice to Attorney General -- After obtaining a consent under subsection (2) but before making an application under subsection (1), the municipality shall give 15 days notice of its intention to make an application under subsection (1) to the Attorney.Gene_ral. As required by the Act J o. Reg 586/06 \ Ai 4, 6 l ss Local Improvement Charges - Priority Lien Status li 4. (1) Any person or body that is required to give notice under this Regulation shall, except as otherwise provided, give notice in the form in the manner and at the time that the person or body considers adequate to give reasonable notice. O. Reg. 586/06, s. 4 (1). (2) A notice to an owner under this Regulation is sufﬁciently given if it is, (a) served personally; (b) sent by 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 A (c) left at or sent by mail to the owner's actual place of business or residence, if known. O. Reg. 586/06, s. 4 (2); O. Reg. 322/12, s. 4. 6. (1) Before passing a by-law to undertake a work as a local 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. O. Reg. 586/06, s. 6 (1). (2) The notice shall include, (a) the estimated cost of the work; (b) the estimated lifetime of the work; (c) the estimated special charges permetre of frontage for the lots liable to be specially charged; As required by the Act Page l7 of 20 SOUTH STORMONT CORPORATE SERVICES Public Notice Policy '~/ 41;] Municipal Act Section and Subject Requirement of Municipal Act Township of South Stormont Requirements ii N' \M.) (d) when the special charges described in clause (c) shall be paid; (e) 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, under section 8, to the work being undertaken as a local improvement, and (iii) the last day for filing an objection under section 8; - (f) if the municipality has received an approval, recommendation or sufficient petition under clause 7 (2) (a), (b) or (c) with respect to the work, a statement of that fact; (g) if the municipality has not received an approval, recommendation or sufficient petition under clause 7 (2) (a), (b) or (c) 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. O. Reg. 586/06, s. 6 (2). i 3. \\/ Page l8 of 20- I \ -/- J Kl SOUTH STORMONT CORPORATE SERVICES Public Notice Policy "\ .)Notice Requirements to be Given to the Municipality Contained in the Municipal Act Section 44 Maintenance No action shall be brought for the recovery of damages under subsection (2) unless, within 10 days after the occurrence of the injury, written notice of the claim .and of the injury complained of has been served upon or sent by registered mail to, (a) the clerk of the municipality; or (b) if the claim is against two or more municipalities jointly responsible for the repair of. the highway or bridge, the clerk of each of the municipalities. As required in the Act. Section 91 Court orders with respect to utilities A person who has an interest in land where part of a municipal public utility is located may apply to the Superior Court of Justice for an order i authorizing that person to interfere with that part of the municipal public utility if the use of the land by the person is substantially affected. A person making an application for an order under subsection (5) shall give the municipality 90 days notice of the application or such other notice as the court may direct. As required by the Act. Section 135 Tree By-laws An upper-tier municipality shall immediately notify its lower-tier municipalities of the passing of a by-law under subsection (2). As required by the Act. _l Section 149 Annual Farm Dues If, before the tax roll is certified, the treasurerof the local municipality receives written notice from a member of a farm organization directing the annual dues of that member be collected in the same manner as taxes, the dues of the member shall be entered on the tax~roll. A member who has given a notice under subsection (2) may by similar notice require the treasurer to discontinue the collection of dues. As required by the Act. Section 174 Principles and Standards Relating to Restructuring Proposals The commission shall notify each municipality in the prescribed geographic area of its opportunity to make representations and shall advise them where they can inspect written submissions received by the commission. As required by the Act Section 260 Resignation as member Amember of council of a municipality may resign from ofﬁce by notice in writing filed with the clerk of the municipality. As required by the Act Page 19 of 20 SOUTH STORMONT CORPORATE SERVICES Public Notice Policy For further information, contact: Township of South Stormont Clerk's Department 2 Mille Roches Road Long Sault, ON KOC 1P0 Phone: (613) 534-8889 Fax: (613) 534-2280 Email: infn@south5tnrrnonl:.i:a Drafted By: Last Revision Date: pproved Date: Signature: Loriann Harbers December 16, 2015 lle,'2Qlb Page 20 oi 20