3041 To prescribe the Form and Manner and Times for the Provision of NoticeTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3041
A BY-LAW TO PRESCRIBE THE FORM AND MANNER
AND TIMES FOR THE PROVISION OF NOTICE
WHEREAS the Municipal Act, 2001, S. 0. 2001, c. 25, S. 251 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 or its regulations;
NOW THEREFORE the Council of the Corporation of the Town of Tillsonburg enacts
as follows:
DEFINITIONS
1. In this by-law
"Act" means the Municipal Act, 2001, S. 0. 2001, c. 25
"Clerk" means the Clerk of the Town of Tillsonburg;
"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 "publication" has a corresponding meaning;
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 during the fourteen days prior to
the proposed action being taken.
Form of Notice
4. 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 Town, a key map showing the affected lands;
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(4) The name and address of the person who will receive written comments on the issue
which is the subject of the meeting and the deadline for receiving such comments.
FINANCIAL
Adoption of Annual Budget
5. 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
6. 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, the approval
process set out under the Town of Tillsonburg purchasing by-law shall apply, and notice of
such amendment to the budget shall be included in the report and the printing of this item on
the Council Agenda, with the notation "Amendment to Budget ", shall constitute sufficient
notice.
7. 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 Agenda, with the notation "Amendment to Budget
shall constitute sufficient notice.
Operating Costs Incurred Prior to Budget Approval
8. 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 budge Improvements to Service
9. Unless otherwise designated by regulation, notice of improvements in the efficiency and
effectiveness of the delivery of services by the Town of Tillsonburg and its local boards; and
barriers identified by the Town of Tillsonburg 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 Town of Tillsonburg.
GENERAL
10. 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.
11. 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.
12. 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
13. If a matter arises, which in the opinion of the Chief Administrative Officer, 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 Tillsonburg, 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.
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EFFECTIVE DATE
14. This by-law shall come into full force and effect on January 2, 2003.
READ a first, second and third time, passed, signed, sealed and numbered 3042 this 91h day of
December, 2002.
Mayor CAO/Clerk
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