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T O W N S H I P O F S O U T H G A T E
A D M I N I S T R A T I O N C E N T R E
Policy #15
Notice Policy and Procedure
Approved by Council on: February 13, 2008
Amended on November 28, 2012
Approved by By-law 73-2012 December 19, 2012
Page 1 of 5
Policy Statement
The Corporation of the Township of Southgate is interested and committed to
ensuring an accountable and transparent corporation.
Purpose
Accountability, transparency and openness are standards of good government
that enhance public trust. The Township of Southgate is committed to
accountable and transparent governance through the provision of notice thereby
enabling citizens to be aware of the business of the municipality. The purpose of
this policy is to establish standards for the giving of reasonable notice to the
public.
Scope
This policy shall apply to all members of Council and staff of the Corporation of
the Township of Southgate.
Guidelines
The Municipal Act, 2001, as amended by Bill 130, Section 270 (1) 4 requires
that the 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".
The requirement to give reasonable notice to the public shall be deemed to be
fulfilled upon completion of the actions specified in this policy.
The manner and form of notice specified in this policy shall be deemed minimum
requirements.
Notwithstanding 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.
Definitions
"Act" means the Municipal Act, 2001, S.O. 2001, c25
"Day" means calendar day
"Planning Act" means the Planning Act, R.S.O. 1990, c.P.13
"Posted" means electronically publishing the notice on the Township of
Southgate web site.
THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
Policy #15: Notice Policy and Procedure
Page 2 of 5
"Web site" means the Township of Southgate web site www.southgate.ca
"Written" means correspondence mailed or emailed to specific individual(s)
and/or organization(s)
Provision of Notice
Where notice is required, including notice of intention to pass a by-law or notice
of a public meeting is required to be given; the notice shall be given pursuant to
Schedule "A" as attached.
The provision of notice may also be in the form of direct delivery, including hand
delivery, direct mail, facsimile or email; posting on web site; newspapers;
location signs; radio and/or television (i.e. media releases).
Time of Notice
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 it is not prescribed, notice shall be given
pursuant to Schedule "A" as attached. Notices required under the Planning Act
shall be in accordance with the time frames set out in the Planning Act.
General
Where separate by-laws and/or policies have been enacted in accordance with
the provisions contained in the Act, the notice provisions set out in such by-laws
and policies shall prevail.
No notice shall be required under the Notice Policy and Procedure where
provision of notice will interfere with the ability of Council to conduct business
with respect to a matter permitted for a closed meeting under Section 239 of
the Act.
Application
Where newspapers are utilized to provide notice the Clerk shall determine the
most appropriate newspaper(s) to use in a particular notice. The decision shall
be based on the citizens affected by particular subject matter. Southgate's
Planner shall determine the most appropriate newspaper(s) for providing notice
under the Planning Act.
Where public notice is desired but not legislated through this procedure or other
legislative means, the notice undertaken by the Township of Southgate should
reflect the magnitude and complexity of the issue/initiative and the desired goal
or outcome.
Emergency Provision
This policy applies except where the Mayor, in consultation with the Chief
Administrative Officer (CAO), determines that notice should be waived due to
emergency, urgency or time sensitivity situations or situations which could affect
the health and well being of the residents of the Township of Southgate. Council
shall be informed by email if an exemption is applied.
THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
Policy #15: Notice Policy and Procedure
Page 3 of 5
Responsibility
It is the responsibility of the appropriate Manager in conjunction with the Clerk
to ensure notice requirements applicable to their department are met.
Updating Policy and Procedure
The Clerk is hereby authorized to update this policy with changes to by-law and
policy/procedure references for those by-laws and policies listed in this policy.
Any additions or deletions to the policy shall be endorsed by Council.
Schedule
Schedule "A", as attached, forms part of this policy.
In the event that Schedule "A" does not include all instances where the
Township of Southgate is required to provide notice and where the provision of
notice and term of notice is not identified in the Act or its regulations, the
following shall apply:
Provision of Notice: Post on Southgate's web site
Term of Notice: 14 days prior to passing the by-law and 21 days prior to
holding a public meeting
THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
Policy #15: Notice Policy and Procedure
Page 4 of 5
Subject
Public Meeting
Requirement
Provision and
Time of Notice
Transportation Services
Permanent
Closure of
Highway
n/a
post on web site 2 days prior to
meeting, public notice of intent to pass
by-law in newspaper once 14 days
prior to enactment of by-law
Temporary
Closure of
Highway for
Construction
n/a
update web site as necessary, signage
posted as soon as practical
Changing Name of
Highway
n/a
post on web site 2 days prior to
meeting, signage posted as soon as
practical, public notice of intent to pass
by-law in newspaper once 14 days
prior to enactment of by-law
Naming or
Changing the
Name of Private
Roads
n/a
post on web site 2 days prior to
meeting, signage posted as soon as
practical, public notice of intent to pass
by-law in newspaper once 14 days
prior to enactment of by-law
Governance
Proposal to
Restructure
Yes
post on web site 2 days prior to
meeting, media release as soon as
practical, notice of public meeting in
newspaper once 21 days prior
Change of Name
Yes
Public Notice of
intent to pass
by-law
post on web site 2 days prior to
meeting, notice of public meeting in
newspaper 21 days prior, media
release as soon as practical, copy of
by-law to the Director of Titles
appointed under the Land Titles Act
and to the Minister promptly after its
passage
Dissolution of
Local Boards
n/a
post on web site 2 days prior to
meeting, public notice of intent to pass
by-law in newspaper once 14 days
prior to enactment of by-law, mail
notice to Board Secretary
Composition of
Council
Yes
post on web site 2 days prior to
meeting, notice of public meeting in
newspaper once 21 days prior, media
release as soon as practical
THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
Policy #15: Notice Policy and Procedure
Page 5 of 5
Establishment of
Wards
n/a
post on web site 2 days prior to
meeting, public notice of intent to pass
by-law in newspaper once 14 days
prior to enactment of by-law, media
release as soon as practical
Procedural By-law
n/a
post on web site 2 days prior to
meeting, public notice of intent to pass
by-law in newspaper once 14 days
prior to enactment of by-law
Financial
Adopt or Amend a
Budget
n/a
post on web site 2 days prior to
meeting, public notice of intent to pass
by-law in newspaper once 14 days
prior to enactment of by-law
Financial
Statements
n/a
post on web site,
as prescribed by the Act
Planning
Notice
Requirements
under the
Planning Act
where Southgate
is the approval
authority
Yes
newspaper (as required), written,
as prescribed by the Planning Act