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By-law No. 2002-094 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW# 2002-94 A BY-LAW TO PRESCRIBE THE FORM AND MANNER AND TIMES FOR THE PROVISION OF NOTICE WHEREAS the Municipal Act, 2001, S.o. 2001, c. 25, S. 251 as amended,provides that where a municipality is required to give notice under a provision of this Act, the municipality shall give the notice in a form and in the manner and at the times that the council considers adequate to give reasonable notice under the provision; AND WHEREAS it is deemed advisable to set out the minimum notice requirements for those actions for which the notice requirements are not prescribed under the provisions of the Municipal Act,2001 or its regulations; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: DEFINITIONS I. In this by-law "Act"means the Municipal Act, 2001, S.O. 2001, c. 25, as amended; "Clerk"means the Clerk of the Municipality of Bayham; "Municipality"means The Corporation of the Municipality of Bayham; "newspaper"means 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 sold to the public and to regular subscribers; "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 includes posting on the Municipality of Bayham website. "Publication" has a corresponding meaping. NOTICE OF INTENTION TO PASS BY-LAW—NOTICE OF PUBLIC MEETING Manner of Notice 2. Where notice of intention to pass a by-law or notice of a public meeting is required to be given, the Clerk shall cause such notice to be published in a newspaper. Time of Notice 3. Where notice of intention to pass a by-law or notice of a public meeting is required to be given, such notice shall be provided in the time frame prescribed in the Act or its regulations, and if not so prescribed,notice shall be given at least once,not less than five days or more than thirty days prior to the proposed notice of intention to pass a by-law or notice of a public meeting being taken. 4. If the proposed by-law is not passed at the council meeting specified in a notice in Section 2, but consideration of the matter is deferred, no further notice is required under Section 2, if a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to adopt or amend the by-law at a later council meeting specified in the public statement. This section applies to any further deferrals of the matter. By-law 2002-94 2 - Form of Notice 5. 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) A description of the purpose of the meeting, or the purpose and effect of the proposed bylaw; (2) The date,time and location of the meeting; (3) Where the purpose of the meeting or proposed by-law is related to specific lands within the Municipality, a key map showing the affected lands; (4) The 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. FINANCIAL Adoption of Annual Budget 6. The notice provisions set out in Sections 2, 3 and 4 shall apply to the adoption of the annual budget in total. Amendments to Budget 7. Where expenditure estimates approved in the budget have been subject to quotations or tenders quoting an amount greater than the estimated expenditure for that item notice of an amendment to the budget shall be included in a report and the printing of this item on the Council and/or Committee Agenda, with the notation "Amendment to Budget", shall constitute sufficient notice. 8. New projects that have not been included in the annual budget shall be detailed in a staff report and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council and/or Committee Agenda, with the notation "Amendment to Budget", shall constitute sufficient notice. Operating Costs Incurred Prior to Budget Approval 9. Normal operating costs incurred prior to the adoption of the annual budget shall not require notice, and approval of such expenditures shall be deemed ratified upon the adoption of the annual budget. Improvements to Service 10. Unless otherwise designated by regulation, notice of improvements in the efficiency and effectiveness of the delivery of services by the Municipality and its local boards; and barriers identified by the Municipality and its local boards to achieving improvements in the efficiency and effectiveness of the delivery of services by them, shall be published in the newspaper at the same time as prescribed in the Act for the publication of the Financial Statements of the Municipality. Amendments to Council Procedural By-law 11.Notice of an amendment to the procedural by-law shall be included in a report and the printing of this item on the Council and/or Committee Agenda, with the notation "Amendment to the procedural by-law", shall constitute sufficient notice. By-law 2002-94 -3 - GENERAL 12. Where separate by-laws have been enacted in accordance with provisions contained in the Act, the notice provisions set out in such by-laws shall prevail. 13.No notice shall be required under this by-law, 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. 14.Nothing in this by-law shall prevent the Clerk from using more comprehensive methods of notice or providing for a longer notice period. EMERGENCY PROVISION 15. If a matter arises, which in the opinion of the Administrator, 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 Municipality of Bayham, or if a State of Emergency is declared, or if so advised by a Provincial Ministry, the Clerk shall make his/her best efforts to provide as much prior notice as is reasonable under the circumstances or will provide notice of the action as soon as possible following the action and will present a report to Council for ratification, notice of which will be given in accordance with this policy. EFFECTIVE DATE 16. This by-law shall come into full force and effect on January 2, 2003. READ a first, second and third time and finally passed this 19th day of December 2002. e MAYOR CLERK