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By-law No. 2007-121 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2007-121 A BY-LAW TO ESTABLISH A POLICY RESPECTING THE CIRCUMSTANCES AND MANNER IN WHICH NOTICE WILL BE PROVIDED TO THE PUBLIC AND TO REPEAL BY-LAW NO. 2002-94 WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, a municipality shall adopt and maintain policies 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; AND WHEREAS Council for the Corporation of the Municipality of Bayham deems it necessary and expedient to establish such policy for those actions for which notice requirements are not prescribed under the provisions of the Municipal Act or its regulations; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Policy Respecting the Circumstances and Manner in which Notice will be provided to the Public marked as Schedule "A" attached hereto and forming part of this By-law be and the same is hereby adopted. 2. THAT By-law No. 2002-94, being a By-law prescribing the Form and Manner and Times for the Provision of Notice, passed December 19, 2002, be and same is hereby repealed. 3. THAT this By-law shall come into force and effect upon the date if its enactment. READ A FIRST,ASECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF DECEMBER 2007. .'14:trrv.e& MAYO CLERK Schedule"A"to B/L 2007-121 Page 1 Municipality of Bayham Policy Respecting the Circumstances and Manner in which Notice will be provided to the Public Purpose 1. In accordance with the provisions of the Municipal Act, 2001, this Policy shall provide details regarding the circumstances under which the Municipality of Bayham will provide notice to the public, and if notice is to be provided, the form,manner and time(s)notice is to be given. Application of the Policy 2. This policy shall govern the actions of the Council, municipal staff, and citizens of the Municipality of Bayham. Policy Statement 3. The Council of the Municipality of Bayham is committed to ensuring that: a) It continuously strives to be transparent and accountable in all of its operations and its decision-making processes and that the municipality is operated effectively, efficiently, and with integrity; b) Citizens should be aware of what, when and where the business of the municipality is being discussed; c) Citizens should be aware that they can have an impact upon the decision making process by making appropriate submissions and representations to Council; d) Adequate time should be provided to citizens so that they can make submissions. Definitions 4. In this Policy: a) "Act"means the Municipal Act, 2001, S.O. 2001, c. 25, and amendments thereto; b) "Clerk"means the Clerk of the Municipality of Bayham and includes his/her designate; c) "Council"means the Municipal Council of the Corporation of the Municipality of Bayham; d) "Form"means the format of the notice; e) "Mailed"means prepaid first class mail or sent by courier; f) "Prescribed Requirements"means the requirements prescribed by the Municipal Act, 2001, or its regulations; g) "Newspaper" means a printed publication in sheet form, intended for general circulation, published regularly; Schedule"A"to B/L 2007-121 Page 2 h) "Notice"means a written, printed, published or posted notification or announcement including information prescribed by statute, regulation, by-law, or policy or, if no information is prescribed, the following: i. a description of the purpose of the meeting or the purposes and effect of the proposed by- law or activity to be undertaken by Council; ii. the date, time and location of the meeting at which the activity to be undertaken is to be considered by Council and/or Committee of Council; iii. in the case that the activity proposed to be undertaken by Council is related to specific lands with the Municipality, a key map showing the affected lands or a reference to a municipal address or to a legal description; iv. the name and address of the person who shall receive written comments of the issue and the deadline for receiving such comments. i) "Public Meeting" means a meeting held for the purpose of consulting with the public for the purpose of obtaining submissions or representations on a subject matter with the authority or jurisdiction of Council. A Public Meeting may take the form of: 1. an informal public open house session wherein information is exchanged between Council, staff, and citizens, or ii. a formal public hearing session wherein any person in attendance may make representation to Council j) "Published or Publication" means published in a daily or weekly newspaper publication that, in the opinion of the Clerk, has such circulation within the municipality as to provide reasonable notice to those affected; General Notice Provisions 5. Where the Municipality of Bayham is required to give Notice of any activity in accordance with any statute, regulation, by-law or policy, the manner and form of Notice dictated in the said statute, regulation, by-law or policy shall prevail over this policy and shall be provided and deemed to be fulfilled upon completion of the dictated actions. 6. Where the Municipality of Bayham is required to give reasonable Notice of an activity not otherwise prescribed by statute,regulation, by-law or policy, Notice shall be given by: a) The Clerk causing Notice to be published in a newspaper at least once, not less that five (5) days in advance of the activity proposed to be undertaken by Council; b) The Clerk causing Notice to be posted on the Municipal website; and c) If applicable, the Clerk causing the activity proposed to be undertaken by Council to be included as an item on an appropriate agenda of Council and/or Committee. 7. If a proposed activity is not undertaken at the Council and/or Committee meeting specified in a Notice in accordance with Section 5 or 6 of this Policy, but consideration of the matter is deferred, no further Notice shall be required under Section 5 or 6 provided that a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to consider the issue or undertake the activity at a later Council and/or Committee meeting specified in the public statement. This section shall also apply to any subsequent deferrals of the activity. Schedule"A"to B/L 2007-121 Page 3 Specific Notice Provisions 8. Notwithstanding section 6 of this Policy, prior to the conduct of any activities listed in Appendix "A"to this policy,Notice shall be given in the manner and time as provided in the said Appendix. Exceptions- General 9. Unless specifically provided for by law, the failure to give Notice with regard to any matter in accordance with this policy does not thereby render any decision, action, motion, resolution, by- law or any other act invalid, void, or voidable. 10. No Notice shall be required under this policy, where the provision of such notice could 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. 11. Notwithstanding any provision of this policy, Council may by motion or resolution from time to time, direct that any specific Notice be given in a manner as described in the motion or resolution. 12. Nothing in this Policy shall prevent the Clerk from using more comprehensive methods of providing Notice or providing for a longer Notice period than that prescribed. Exception—Emergency Provisions 13. If a matter arises, which in the opinion of the Administrator or Clerk, in consultation with the Mayor(or in his/her absence the Deputy 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, 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 notice as is reasonable under the circumstances. Boards and Committees 14. This Policy shall apply to the Council's local boards and committees where applicable. Appendix "A"to Schedule"A"to B/L 2007-121 Page 1 APPENDIX"A" Municipality of Bayham Policy Respecting the Circumstances and Manner in which Notice will be provided to the Public MATTER SECTION MANNER AND TIME OF NOTICE OF ACT Highway Closing 34 • Notice of intention to pass a by-law published once in at (permanent) least one newspaper that in the opinion of the CIerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least fourteen (14) days prior to the meeting when the by-law is to be considered • Notice by registered mail to abutting property owners ■ Notice of intention to pass a by-law included on agenda of Council meeting • Notice mailed to Municipality or Municipalities abutting the subject highway • Notice to utilities servicing area of subject road allowance Proposal to 173 • Notice of public meeting published once in at least one Restructure newspaper that in the opinion of the Clerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered ■ Notice of intention to pass a by-law included on agenda of Council meeting Change of Name of 187 • Notice of public meeting published once in at least one Municipality newspaper that in the opinion of the Clerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered ✓ Notice of intention to pass a by-law included on agenda of regular Council meeting Intention to Pass a 217 • Notice of public meeting published once in at least one By-Law to Change newspaper that in the opinion of the Clerk is of Composition of sufficient general circulation in the area to which the Council proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered • Notice of intention to pass a by-law included on agenda of regular Council meeting Council or local board 238 • In accordance with the Council's Procedural By-Law meetings Appe+ -n PA„ A' - R/1 aoo1 Procedure by-law 238 • Notice of intention to pass a by-law at the next regular governing calling, council meeting included on agenda of preceding proceedings and place regular Council meeting of meetings Sale or Disposition of 270 • In accordance with by-law governing the sale and Land disposition of land Audited Financial 295 • Notice of audited financial statements to be published Statements - once in at least one newspaper that in the opinion of the Publication Treasurer has sufficient general circulation in the municipality within sixty (60) days after receiving the audited financial statements for the previous year; to include that information will be made available at no cost to any taxpayer or resident of the municipality upon request