Public Notice Bylaw

THE CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON

BY-LAW   2005-28

A BY-LAW RELATING TO PROCEDURES FOR THE GIVING OF PUBLIC NOTICE

which includes

1.NOTICE OF INTENTION TO PASS A BY-LAW
2.NOTICE OF A PUBLIC MEETING

WHEREAS the Municipal Act, S.O. 2001, c. 25, s. 251 provides that where a municipality is required to give notice under a provision of this Act, the municipality shall, except as otherwise provided, give notice in form and in the manner and at the times that Council considers adequate to give reasonable notice under the provision;

AND WHEREAS it is deemed expedient to set out the minimum notice requirements that Council feels will provide adequate and reasonable notice for those for those actions for which notice is required but not specifically provided for in the act, or its Regulations.

BE IT ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON AS FOLLOWS:

1.DEFINITIONS
    1.1In this By-law:
    “Act” means the Municipal Act, S.O. 2001, c. 25; and includes the regulations thereunder.
    “Newspaper” means 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.
    “Notice” The term “Notice” as used in this by-law includes Notice for the Call for Tenders.
    “Published” means publication in a daily or weekly newspaper, periodical or flyer that, in the opinion of council, has sufficient circulation within the municipality as to provide reasonable notice to those affected thereby.

2.   NOTICE OF:
    A)   INTENTION TO PASS A BY-LAW
B)   NOTICE OF PUBLIC MEETING

    Where Notice of Intention to Pass a By-law or Notice of a Public Meeting is required the following provisions shall apply:

    2. 1   Notice
The Clerk, unless otherwise provided herein, shall cause such Notice to be published:
a)  in a newspaper, which shall be the Mattawa Recorder,
b)  and posted at the Township Offices, and,
c)  posted on the Township’s website (if in operation).

    2.2    Form/Content of Notice
Unless otherwise prescribed in the Act or its regulations the form of Notice shall include the following information:
a)  Purpose – a description of the purpose of the meeting, or the purpose and effect of the By-law.
b)  Date, etc.  B the date, time and location of the meeting,
c)  Land description B where the By-law relates to specific lands, the description of the subject land, and
d)  Municipal address B the address of where in the municipality additional information will be available.

2.3    Time of Notice
         Such Notice, unless otherwise provided herein, shall be given in the following time frames.
a)  14 days B at least once during the fourteen (14) days prior to the proposed  action being considered, and,
b)  6 day waiting period B the proposed By-law should not be passed by Council until six (6) days after the last Notice date.

3.    SPECIAL NOTICE: ;HIGHWAY ROADS

3.1  Where the proposed by-law related to highways/roads with reference to the following sections of the Municipal Act, 2001, namely:
a) s. 34  – Highway closing
b)  s.35  –  A By-law removing or restricting the common law rights of passage over  a public highway.
c)  S.38(1)  – Closing a private road.

the Notice provisions in s2.1 and the Form/Content of Notice in s.2.2. shall apply with the
following time factors;

i) Time of Notice – the time frame for the Public Notice under this section shall be four (4)
consecutive weeks
ii)  Six day waiting period  –  the proposed By-law shall not be passed by council sooner                                                       .                         than six (6) days afte the last Notice date.
iii)  Posting – the Form of Notice in s.2.2 shall be posted for at least four (4) weeks in six (6)
of the most public places in the immediate neighbourhood of the subject highway.

4.  NOTICE OF EXCEPTION:  COUNCIL DETERMINATION

If Council, by By-law or Resolution, is of the opinion that the required Notice to the public will be more effectively circulated by Publication (Section 1.1 Definitions) then such Notice shall be published:
a)in that periodical or flyer,
b)posted at the Township offices, and,
c)posted on the Township=s website, if in operation.

5.FINANCIAL NOTICES

5.1   Adoption of Annual Budget
The Notice provisions set out in Sections2.1, 2.2 and 2.3 shall apply to the adoption of the Annual Budget in total.

5.2   Amendments to the Annual Budget
         (a)Where expenditure estimates approved in the Budget have been subject to quotations or tenders quoting an amount greater than the estimates for the item, Council may approve such quotation or estimate if it can be financed within the total expenditures adopted in the Annual Budget, or it is decided by council to fund it by making a transfer from reserves;
(b) The Notice provisions set out in Section 2.1, 2.2 and 2.3 shall apply to any Amendment to the Annual Budget that would require an increase in the tax rates for the Township of Papineau-Cameron or for which Council would have to borrow the necessary funds.

5.3   Operating Costs Prior to the Adoption of Annual Budget
         Normal operating expenditures incurred prior to the adoption of the Annual Budget shall not require
Notice, and the approval of such expenditures shall be deemed to be ratified upon the adoption of the
Annual Budget.

6.  GENERAL

6.1   Nothing in this By-law shall prevent the Clerk from using more comprehensive methods of giving Notice or providing for a longer or shorter Notice period if so directed b By-law/Resolution of Council.

7.     EFFECTIVE DATE

7.1   This By-law shall come into full force and effect on the date of passing.

THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME, ENACTED AND PASSED BEFORE AN OPEN COUNCIL, , THIS   13th   DAY OF    DECEMBER      , 2005

THE CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON