This is the exact embedded text of the captured official document.
Snapshot 1f3cd057b9f5 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE
TOWN OF WASAGA BEACH
BY-LAW NO. 2014-23
A BY-LAW TO ESTABLISH A NOTICE REQUIREMENTS POLICY
WHEREAS the Municipal Act, 2001, (the Act) as amended, requires that the
municipality shall adopt and maintain a policy with respect to the provision of notice
to the public and, if notice is to be provided, the form, manner, and times notice shall
be given;
WHEREAS it is deemed expedient to set out reasonable minimum notice
requirements for those actions by the municipality for which the notice requirements
are not prescribed under the provision of the Act or its regulations; and
WHEREAS it is deemed expedient to repeal the original By-Law, and to replace it
with a new comprehensive By-Law;
NOW THEREFORE, the Council of the Corporation of the Town of Wasaga Beach
HEREBY ENACTS as follows:
1.
SHORT TITLE
This by-law may be referred to as the "Notice Policy".
2.
DEFINITIONS
In this by-law:
"Act" means the Municipal Act, 2001, as amended;
"Clerk" means the Town Clerk of The Corporation of the Town of Wasaga
Beach or his or her designate;
"CAO" means the Chief Administrative Officer for The Corporation of the
Town of Wasaga Beach or his or her designate;
"Council" means the Council of The Corporation of the Town of Wasaga
Beach;
"Days" mean the number of calendar days to include Saturday, Sundays and
holidays.
"Local Radio Station" means a radio station which can be received locally
using AM or FM frequencies;
Page 2 of By-Law No. 2014-23
"Newspaper" means a printed publication in sheet form, intended for general
circulation in the Town of Wasaga Beach, published regularly at intervals of
not longer than one week, consisting in great part of news of current events of
general interest that may or may not be sold to the public and to regular
subscribers;
"Notice" means a written, printed, published, or posted notification or
announcement.
"Prepaid Mail" means registered mail that requires the recipient to sign for it
and is delivered by Canada Post or a courier service.
"Published" means published in a daily or weekly newspaper that, in the
opinion of the Clerk, has such circulation within the municipality as to provide
reasonable notice to those affected thereby, and "publication" has a
corresponding meaning.
"Registered Mail" means prepaid mail that requires the recipient to sign for it
and is delivered by Canada Post or a courier service.
"Town" means the Corporation of the Town of Wasaga Beach.
"Website" means posting notification or announcement on The Corporation of
the Town of Wasaga Beach's website.
3.
APPLICATION
Where the Town is required to give Public Notice under a provision of the
Municipal Act, the notice shall be given in a form and manner and at times
indicated in this By-Law unless;
The Act, another statute, or a regulation prescribes or permits otherwise;
The requirements of notice are prescribed in another policy, resolution or
by-law;
Council directs that other public notice is to be given as the Council
considers necessary in the circumstances, upon adoption of a resolution
of Council.
The form, manner and timing for giving of notice as set out in this By-Law
shall be deemed to be the minimum requirement and nothing in this By-Law
shall prevent the use of more comprehensive methods of Notice or for
providing for a longer notice period.
Page 3 of By-Law No. 2014-23
Council's Information and Communication's Policy shall be followed to ensure
that the notices are produced and published/posted in clear language and in
such a way to be in an accessible format thereby reducing barriers to the
public.
4.
NOTICE OF SUBSEQUENT MEETINGS
If a decision is not made at the meeting specified in the Public Notice, a
statement should be made by the Chair at the meeting specifying the date,
time and location of any subsequent meeting, at which consideration of the
matter will ensue.
No additional prescribed notice will be required for subsequent meetings
where a matter has been deferred to a subsequent meeting by Town Council
or by a Committee of Council, unless otherwise determined by Council.
5.
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 Town of Wasaga
Beach, or if a State of Emergency is declared, or if so advised by a Provincial
Ministry, the Notice requirements of this policy may be waived and the Clerk
shall make best efforts to provide as much notice as is reasonable under the
circumstances using all means at their disposal.
6.
CONTENT OF PUBLIC NOTICES
Notice to the Public shall contain the following information, when applicable,
unless otherwise prescribed:
A general description of the subject matter under consideration or
otherwise involved;
Where the matter relates to a defined location, sufficient particulars of the
location to identify it generally, such as reference to a municipal address
or street intersection, or a legal description or plan or key map;
The purpose of any meeting of which notice is required to be given or the
purpose and effect of the proposed action;
Identification of the authority under which the Notice is being given;
Date, time and location of any meeting at which the subject matter will be
considered of which Notice is required to be given;
Page 4 of By-Law No. 2014-23
Where written submissions may be made, or where delegations for the
purpose of providing a verbal submission can be registered, the name and
title of the person to whom they are to be sent, together with the address
of the official and the deadline for receipt of such submissions;
That the Notice is given by The Corporation of the Town of Wasaga
Beach, or by the Town Clerk on its behalf;
The Notice shall contain a notice indicating "alternative formats are
available upon request".
7.
RESPONSIBILITY
It is the responsibility of the appropriate Department Head in coordination with
the Clerk, to ensure notice requirements applicable to their Department are
met and that the notices meet the Town's accessibility requirements.
8.
AMENDMENTS
Over time, additional notice requirements may be determined. In such cases,
Schedule "A" shall be amended and updated, if required, but no less than
annually. Delay in amending Schedule "A" does not preclude the
implementation of notice requirements as determined by Council or staff, or
legislation. Schedule "A" can be amended by resolution of Council.
9.
REVIEW PERIOD
This By-Law shall be reviewed every five (5) years by the Clerk and will be
revised in light of any changes in legislation.
10.
REPEAL PREVIOUS BY-LAWS
By-Law No. 2008-04 and all previous by-laws, resolutions and policies and
parts of by-laws, resolutions and policies inconsistent with the provisions of
this by-law regarding the provision of Public Notice are hereby repealed.
11.
EFFECTIVE DATE
THAT this By-Law shall come into force and take effect on the date of its final
passing.
Page 5 of By-Law No. 2014-23
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH
DAY OF MARCH, 2014.
Original Signed by Mayor
Cal Patterson, Mayor
Original Signed by Clerk
Twyla Nicholson, Clerk
Disclaimer:
This consolidation is an electronic reproduction made available for information only. It is not an official
version of the By-Law. The format may be different, and plans, pictures, other graphics or text may be
missing or altered. The Town of Wasaga Beach does not warrant the accuracy of this electronic
version.
This consolidation cannot be distributed or used for commercial purposes. It may be used for other
purposes, only if this disclaimer is repeated as well as the notice of copyright.
Official versions of all By-Laws can be obtained from the Town Clerk's Office by calling 705-429-
3844.
SCHEDULE "A" TO BY-LAW NO. 2014-23
NOTICE REQUIREMENTS
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
PART III - SPECIFIC MUNICIPAL POWERS
Section 34 - Permanent Closure of a Highway
(Permanent closure of a highway)
No public notice requirement
Mail Notice of Intent to all persons who abut
the affected highway closure prior to
passing of By-Law
Notice to abutting municipality/upper tier
municipality, utilities, if applicable
Notice to be published in the newspaper
once a week for two (2) consecutive weeks
prior to Committee/Council meeting at which
matter is being considered
Posted on website 2 weeks prior to the
matter being considered by Committee or
Council
Permanently Altering a Highway
If the alternation is likely to deprive any person of
the sole means of motor vehicle access to and from
the person's land over any highway.
No public notice requirement
Mail Notice of Intent to all persons who abut
the affected highway closure prior to
passing of By-Law
Notice to abutting municipality/upper tier
municipality, utilities, if applicable
Notice to be published in the newspaper
once a week for two (2) consecutive weeks
prior to Committee or Council meeting at
which matter is being considered
Notice to be posted on website - 2 weeks
prior to the matter being considered by
Committee or Council
Naming or Changing the Name of a Highway
No public notice requirement
Mail Notice of Intent to all persons who abut
the affected highway closure prior to
passing of By-Law
Notice to be published once in the
newspaper 14 days prior to Committee or
Council meeting at which matter is being
considered
Notice to be posted on website - 14 days
prior to the matter being considered by
Committee or Council
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
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.
Mail Notice of Intent to all persons who abut
the affected highway closure prior to
passing of By-Law
Notice to be published in the newspaper
once 14 days prior to Committee or Council
meeting at which matter is being considered
Notice to be posted on website - 14 days
prior to the matter being considered by
Committee or Council
Section 81 - Shut Off of Public Utility
A municipality may shut off the supply of a public
utility by the municipality to land if fees or charges
payable by the owners or occupants of the land
for the supply of the public utility to the land are
overdue. Reasonable notice required.
Form: printed on standard forms and includes
the total amount owing, the due date for
payment of outstanding amount; the date of
earliest disconnection of service if account is
not paid in full by the due date; name/title of
contact at Town Office.
Manner:
By prepaid registered mail to the owner of
the property
Hand delivered to owner of property and/or
posted on land in a conspicuous place
Timing: as per Town Utility Works By-Laws
Section 99 - Advertising Devices
No public notice requirement
Notice of Intent to be published at least
once in the newspaper 14 days prior to
Committee or Council meeting at which
matter is being considered
Notice to be posted on website - 14 days
Section 110 - Agreements for Municipal
Capital Facilities
A municipality may enter into agreements for the
provision of municipal capital facilities by any
person, including another municipality. Upon pass
the by-law, the municipality shall give notice.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 110 - Notice of Tax Exemption bylaw
The municipality may exempt from taxation for
municipal and school purposes land or a portion
of it on which municipal capital facilities are or will
be located (under specific conditions). Upon
passing of the by-law, the municipality shall give
notice.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
PART IV - LICENSES
Section 150 - General Licensing Powers
A municipality may pass a by-law to provide for a
system of licences with respect to any business
wholly or partially carried on within the municipality.
No public meeting requirement
No public notice requirement
Notice of Intent to be published in the
newspaper once 14 days prior to Committee
or Council meeting at which matter is being
considered
Notice to be posted on website - 14 days
prior to the matter being considered by
Committee or Council
PART V - MUNICIPAL REORGANIZATION
Section 173 - Municipal Restructuring Proposal
The Council of a municipality votes on whether to
support or oppose a restructuring proposal. Council
shall consult with public by giving notice; hold at
least one public meeting; consult with Minister
prescribed bodies/persons; consult with other
persons Town considers appropriate.
Council shall hold at least one public
meeting.
Website posting the 14 days prior to public
meeting.
Notice to be published in the newspaper
once 14 days prior to the public meeting.
May include other notice as prescribed by
the Minister.
As per requirements stipulated in the Act.
Section 187 - Change of Name of Municipality
Changing the name of a municipality.
Notice of intention required to pass by-law and hold
at least one public meeting.
Council shall hold at least one public
meeting prior to passing by-law.
Website posting the 14 days prior to public
meeting.
Notice to be published in the newspaper
once 14 days prior to the public meeting.
Section 204 -210 -
Business Improvement Areas
A municipality may designate an area as an
improvement area and may establish a board of
management. Before passing a by-law, notice shall
be provided as required under the Act.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
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. Before passing by-law, notice
shall be provided as required under the Act.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
Section 216 Dissolution of Local Boards
Power to dissolve or change Local Boards
No public notice requirement
Notice in newspaper at least once 14 days
prior to Committee or Council meeting at
which matter is being considered
Notice on website 14 days prior to
Committee or Council meeting at which
matter is being considered
Section 217 - 219
Composition of Council
A municipality may change the composition of its
Council. 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.
Council shall hold at least one public
meeting.
Notice in newspaper once 14 days prior to
the public meeting.
Notice on website 14 days prior to the public
meeting.
Section 222 - Establishment of Wards
A municipality may divide or re-divide the
municipality into wards or dissolve existing wards.
No requirement for public meeting.
Council shall hold at least one public
meeting.
Notice in newspaper once 14 days prior to
the public meeting.
Notice on website 14 days prior to the public
meeting.
Within 15 days after a by-law 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.
Notice to be published in the newspaper 15
days of passing of by-law.
Website posting within 15 days passing of
by-law.
PART VI - PRACTICES AND PROCEDURES
Section 238 - Procedural By-Law
A municipality shall pass a procedure by-law for
governing the calling, place, proceedings and
providing public notice of meetings of Council and
Committees of Council.
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:
Notice of intention to pass by-law to be
published in newspaper once 14 days prior
to public meeting.
Website posting 14 days prior to public
meeting.
Section 238 (2.1) - Notice of Public Meetings
The Procedure By-Law shall provide for public
notice of meetings.
Publish notice of meetings in newspaper
once 14 days prior to meetings to be held.
Website posting 14 days prior to public
meeting.
Notice is given to the public through the
posting the meeting schedule and
Committee and Council agendas on the
website.
Notice is given at each Council meeting of
upcoming meetings.
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
Section 270.1 - Sale of Land
A municipality shall adopt and maintain policies with
respect to the sale and other disposition of land.
Reasonable notice shall be provided to those who
are most likely expected to be affected
Notice to be published in the newspaper
twice at least 14 days prior to the selling of
the land.
Posted on website 14 days prior to selling of
the land.
PART VII, VIII, IX, X, XI - FINANCIAL ADMINISTRATION AND TAXATION
Section 290 - 291 Budget - Adopt or Amend
Advertising a budget or amending the budget.
No public notice requirement.
No public meeting requirement.
Council shall hold one public meeting prior
to the annual budget being adopted by
Council; notice to be published prior to
public meeting
Notice of Intent to be published in the
newspaper twice at least 14 days prior to
the Council meeting at which the budget is
to be considered for adoption
Posted on the website - 14 days prior to the
public meeting
Section 295 - Publication of Financial
Statements
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.
Within 60 days after receipt, Treasurer to publish
copy of statements and notice that statements
available upon request in newspaper.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Publish in newspaper, once, within 60 days
after receiving the audited financial
statements of the municipality for the
previous year
Post on website
Section 308 (22)(b) - 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 per the requirements stipulated in the
Municipal Act, 2001, as amended
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 per the requirements stipulated in the
Municipal Act, 2001, as amended
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
Section 331 - Taxes on Eligible Property
Within 60 days of receiving the notice by the
assessment corporation, the municipality shall
determine the taxes for municipal and school
purposes for each eligible property for the year or
portion of the year and shall provide notice as per
the Act.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 342 - Tax Collection - Ceasing of
Alternative Installments and due dates of taxes
Treasurer gives written notice to taxpayer that
alternative installments and due dates may no
longer be used
As per the requirements stipulated in the
Municipal Act, 2001, as amended
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.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 348 - Determination of Tax Status
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 per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 350 - Obligations of Tenant
Where taxes are owed in respect of any 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 per the requirements stipulated in the
Municipal Act, 2001, as amended
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
Section 351 - Seizure Personal Property -
Public Auction
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.
As per the requirements stipulated in the
Municipal Act, 2001,as amended
Notice to be published once in the
newspaper 14 days prior to auction
Notice to be posted on the website - 14
days prior
Written notice by mail, 21 days prior to
auction, to sheriff, bailiff, assignee,
liquidator, trustee or licensed trustee in
bankruptcy
Section 356 - Division 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.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
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.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 358 - Overcharges Caused by a Gross
or Manifest Error
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.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
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.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
Section 365.2 - Tax Reduction for Heritage
Property
If a local municipality passes a by-law to provide tax
reductions or refunds to eligible heritage properties,
the Minister of Finance shall be notified within 30
days after the by-law is passed.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 374 - Notice of Registration
Tax Arrears Certificate
Notice required, within 60 days after the registration
of a tax arrears certificate.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 379 & 380 - Public Sale (Tax Arrears
Certificate)
Sale of property for tax arrears.
Any notice required to be sent may be given by
personal delivery or be sent by certified or
registered mail.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 386.2 - Tax Sales - Entering to Carry
out Inspection without Warrant
A municipality may enter a property to carry out an
inspection without a warrant. At least 7 days before
inspection, written notice to be provided.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 386.3 - Tax Sales - Entering to Carry
out Inspection with Warrant
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. At
least 7 days before application, written notice to be
provided.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
PART XII - FEES & CHARGES
Section 391 - Fees and Charges
No public notice requirement.
No public meeting requirement.
Council shall hold one public meeting
annually prior to adopting consolidated Fees
& Charges By-Law; notice to be provided
prior to meeting
Notice is given to the public through posting
the Committee or Council agendas on the
website.
Notice of Intent to consider adopting/
amending fees and charges by-law to be
published in the newspaper at least once 14
days prior to the Committee or Council
meeting in which the matter is considered
for adoption.
Notice to be posted on website - 14 days
prior
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 per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 400 - Local Improvement By-Law
Before passage, reasonable notice of intention to
pass by-law to public and to owners of lots liable to
be specifically charged.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 402 - Notice of Debt
Upon receipt of 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.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
PART XIII - ENFORCEMENT
Section 435 - Power of Entry onto Private Land
Reasonable time before proposed entry.
Notice to occupier of land by personal service or
prepaid mail, or by posting notice on land in
conspicuous place.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Municipal Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
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 the Provincial
Offences Act, the authorized offer may give the
person against whom the fine was imposed a
written notice.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
Section 447 - Court Order to Close Premises
The municipality that passed a licensing by-law in
respect of which a closing order was made is a
party to any proceedings, shall give notice of the
proceedings in accordance with the rules of the
court.
As per the requirements stipulated in the
Municipal Act, 2001, as amended
PLANNING ACT NOTICE REQUIREMENTS
Planning Act Section/Requirement and/or
Subject Matter of Notice
Town Notice Requirement
Form, Manner, and Time
Section 17 - Official Plans
O.reg 198/96
As per the requirements stipulated in the
Planning Act, 1990, c. P. 13, as amended
Sections 34, 36, 38 - Zoning By-Laws, Hold By-
Laws, Interim Control By-Laws
O.reg 545/06
As per the requirements stipulated in the
Planning Act, 1990, c. P. 13, as amended
Section 45 - Minor Variance Applications
O.reg 200/96
As per the requirements stipulated in the
Planning Act, 1990, c. P. 13, as amended
Sections 50, 51 - Plans of Subdivision
O.reg 196/96
As per the requirements stipulated in the
Planning Act, 1990, c. P. 13, as amended
Section 53 - Consent Applications
O.reg 197/96
As per the requirements stipulated in the
Planning Act, 1990, c. P. 13, as amended