02-002_Notice Policy_20212-002
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COUNCIL AND BY-LAW
Policy 2 -002: Notice Policy
Approval Date: August 13, 2018
Approval Authority: Council, By-Law 4214
Effective Date: August 13, 2018
Next Scheduled Review Year: 2025
Department: Office of the Clerk
Last reviewed: 2021
Revision Date/s: December 9, 2002
Schedules:
POLICY STATEMENT
In accordance with the Municipal Act, 2001, a municipality shall adopt and maintain
policies with respect to providing notice to the public and the form, manner and timing
that it shall be provided.
PURPOSE
To provide for the form, manner and timing in which the Town of Tillsonburg shall
provide notice to the public and/or its stakeholder where notice is appropriate and/or
prescribed pursuant to the Municipal Act, 2001.
SCOPE
This policy applies to public notices issued by the Town of Tillsonburg.
DEFINITIONS
"Act" shall mean the Municipal Act, 2001, as amended;
"Clerk" shall mean the Town Clerk of the Corporation of the Town of Tillsonburg or his
or her designate;
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“Council” shall mean the Council of the Corporation of the Town of Tillsonburg;
“Days” shall mean the number of calendar days to include Saturdays, Sundays and
holidays;
“facebook” an online social networking website in which the Town of Tillsonburg has
an account to share information to the public.
“Newspaper” shall mean a printed publication in sheet form, intended for general
circulation in the Town of Tillsonburg, published regularly at intervals of no longer that
one week, consisting in great part of news of current events or general interest that may
or may not be sold to the public and to regular subscribers;
“Notice” shall mean a written, printed, published or posted notification or
announcement;
“Prepaid Mail” shall mean registered mail that requires the recipient to sign for it and is
delivered by Canada Post or a courier service;
“Published” shall mean published in a daily or weekly newspaper that, in the opinion of
the Town Clerk, has such circulation within the municipality as to provide reasonable
notice to those affected thereby, and “publication” has a corresponding meaning;
“Registered Mail” shall mean prepaid mail that requires the recipient to sign for it and
is delivered by Canada Post or a courier service;
“Town” shall mean the Corporation of the Town of Tillsonburg;
“Website” shall mean posting notification or announcement on the Corporation of the
Town of Tillsonburg’s website.
IMPLEMENTATION PROCEDURE
1. 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
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prevent the use of more comprehensive methods of Notice or for providing for a
longer notice period.
2. Form of Notice
Notice to the public shall contain the following information, when applicable,
unless otherwise prescribed:
1. A description of the subject matter under consideration;
2. The purpose and effect of the proposed by-law, if applicable;
3. The date, time and location of any meeting at which the subject matter will
be considered;
4. Where the matter relates to a defined location, reference to a municipal
address, street intersection, legal description, plan or key map shall be
provided;
5. The authority under which the notice is being given;
6. Applicable staff contact information with a deadline for receiving written
submissions and comments
7. That the Notice is given by the Corporation of the Town of Tillsonburg, or
by the Town Clerk on its behalf;
8. The Notice shall contain a statement indicating “alternative formats are
available upon request”
The notice shall be given pursuant to Schedule A as attached.
It is the responsibility of the Director of the appropriate department, in
coordination with the Town Clerk, to ensure notice requirements applicable to
their departments are met and that the notices meet the Town’s accessibility
requirements.
3. Manner of Notice
Where a by-law is to be passed or a public meeting is required under this policy,
the Town Clerk shall cause such notice to be published in a printed and/or
electronic format.
Where public notice is desired but not legislated through this procedure or other
legislative means, the notice undertaken by the Town should reflect the
magnitude and complexity of the issue/initiative and desired goal or outcome. In
selecting the appropriate notice beyond the scope of this procedure the following
four recognized types of public engagement will be considered:
• To inform-provide information to assist in understanding the initiative,
alternatives, opportunities or solutions;
• To consult-obtain feedback on analysis, alternatives and/or decisions;
• To involve-work directly with the community throughout the process to
ensure concerns and aspirations are understood; and
• To collaborate-partner with the community in the development of a
decision to seek alternatives and/or a preferred solution.
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To determine the appropriate notice beyond the scope of this procedure the
Town’s Public Engagement Policy will be used.
4. Time of Notice
Where a by-law is to be passed or a public meeting is required under this policy,
notice shall be provided in the time frame prescribed in the legislation or its
regulations and if it is not prescribed, notice shall be given pursuant to Schedule
A as attached. Notices required under the Planning Act shall be in accordance
with the time frames set out in the Planning Act.
5. 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.
6. Policy Maintenance
Every effort will be made to maintain this policy within currently prescribed
requirements and schedule A will be amended to reflect those changes.
This policy will be reviewed a minimum of once every five years.
7. Emergency Provisions
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
Town Clerk shall make his/her best efforts to provide as much notice as is
reasonable under the circumstances.
8. General Provisions
Where separate by-laws and policies have been enacted related to provisions of
notice in accordance with the Act, the provisions in such by-law and policies shall
prevail.
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Schedule A: Public notice Requirements
Section of Municipal Act,
2001
Summary of Municipal Act,
2001
Type and frequency of
Notice/Timing
Section 34:
Road closure/permanent
alteration if access is
deprived to any person
One notice published in a
newspaper 7 days prior to
the meeting
One notice served
personally or by prepaid
mail upon owners of
abutting land
Signage posted
Post on website and
facebook
Section 48:
Change/naming of private
roads
Public notice required for
intention to pass by-law
One notice published in a
newspaper 7 days prior to
enactment of by-law
One notice served
personally or by registered
mail upon owners of
abutting land
Signage posted
Post on website and
facebook
Section 81:
Shut off of Public Utility
Reasonable notice will be
provided if the municipality
plans to shut off the supply
of a public utility for
outstanding fees.
One written notice shall be
served personally or by
prepaid mail to the land
owner that includes total
amount owing, the due date
for payment of outstanding
amount, the date of earliest
disconnection of service,
contact information for the
Town
Section 173:
Restructuring Proposal
Public notice required to
advise of holding of public
meeting before council
votes on whether to
support or oppose a
One notice published in a
newspaper 7 days prior to
public meeting
Post on website and
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restructuring proposal facebook
Section 187:
Changing name of
Municipality
One notice published in a
newspaper 7 days prior to
public meeting
Post on website and
facebook
Section 204-210:
Business Improvement
Areas
Before passing a by-law,
notice shall be provided as
required under the Act
As per the requirements
stipulated in the Act
Section 211:
Repeal of By-Law – Board
of Management
Council shall give notice of
a proposed by-law to
repeal a by-law
establishing a business
improvement area
As per the requirements
stipulated in the Act
Section 216:
Dissolution of local boards
One notice by regular
prepaid mail, mailed to local
board 7 days prior to
Council meeting
Section 217:
Changes to composition of
Council
One notice published in a
newspaper 7 days prior to
public meeting
Post on website and
facebook
Section 222:
Establishment of Wards
After by-law passed, notice
required on passing of by-
law and specifying last
date for filing a notice of
appeal
One notice published in a
newspaper within 7 days of
enacting by-law specifying
the deadline for filing an
appeal
Post on website and
facebook
Section 238:
New Procedural By-Law
The municipality shall
provide notice of the public
meeting
One notice published in a
newspaper 7 days prior to
public meeting
Post on website and
facebook
Section 238/240:
Schedule of Regular,
Special and Standing
Council/Committee
Meetings
The municipality shall
provide notice of the public
meeting
One notice published in a
newspaper 7 days prior to
public meeting
Post on website and
facebook
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Section 270:
Adoption of Policies
A municipality shall adopt
and maintain policies with
respect to:
-sale and other disposition
of land
-hiring of employees
-relationship between
council members and
employees
-procurement of goods and
services
-notice to the public
-accountability and
transparency
-delegation of powers and
duties
Policies will be posted on
the Town website once
adopted. Where the subject
matter if a policy requires
public notice it shall be
provided in accordance with
the adopted policy
Section 290:
Adopting yearly budget
Notice of intent to adopt the
budget and any notice of
public participation
meetings will be posted in
the newspaper one time,
seven days before the
meeting date
Post on website and
facebook
Section 291:
Adopting or amending
budget
If a proposed amendment to
a budget will result in a
change to the total tax-
supported net levy or a
chance to any property tax
rate: one notice published in
a newspaper 7 days prior to
public meeting
If a proposed amendment to
a budget will not affect the
tax supposed net levy or
change any property tax
rate: notice through posting
the schedule of Council
meetings on the website or
through other Council
agenda information
Section 295: Within 60 days after As per the requirements
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Publication of Financial
Statements
receiving the audited
financial statements of the
municipality for the
previous year, the
Treasurer shall publish in a
newspaper having general
circulation in the
municipality: copy of
audited financial
statements, any notes,
auditor’s report, tax rate
information for current and
previous year as contained
in the financial review
stipulated in the Act
One notice published in the
newspaper within 60 days
after receiving the audited
financial statements of the
municipality for the previous
year
Post on website and
facebook
Section 308:
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 Act
Section 331:
Taxes on eligible property
Within 60 days of receiving
the notice by MPAC, 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 stipulated in the Act
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
One written notice provided
to taxpayer if taxes remain
unpaid after due date to
inform them alternate
instalments and due dates
may no longer be used
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
Hard copy of tax bill mailed
Tax bill may be sent
electronically if chosen by
the taxpayer
Tax bills requested to be
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sent via registered mail will
have the charge of the
registered mail added to the
amount owing
Section 348:
Determination of Tax Status
The Treasurer shall by the
last day in February of
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 and of the related
late payment charges. The
notice may be sent with a
tax bill
Hard copy printed and
mailed to taxpayer (can be
included with tax bill)
Tax status may be sent
electronically if chosen by
the taxpayer
Tax status requested to be
sent via registered mail will
have the charge of the
registered mail added to the
amount owing
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.
Written notice hand
delivered or mailed to the
tenant
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
their delegate 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.
One notice published in a
newspaper 14 days prior to
public meeting
One notice by regular,
prepaid mail, mailed to
sheriff, bailiff, assignee,
liquidator, trustee or
licensed trustee in
bankruptcy 21 days prior to
auction
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Section 356:
Division into Parcels
Upon application by the
Treasurer of a municipality
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 Act
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 Act
Section 358:
Overcharges
Upon receipt of an
application, and subject to
certain conditions, the
municipality may cancel,
reduce or refund all or part
of taxes which where
overcharges due to a
gross or manifest error in
the preparation of the
assessment roll.
As per the requirements
stipulated in the Act
One written notice mailed to
applicant
Notify applicant of meeting
by mail sent at least 7 days
before the meeting
Within 7 days after making
its decision, notify the
applicant of the decision by
mailing one written notice
Section 359:
Increase of Taxes
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 Act
Notify the Treasurer and
affected person by mailing
one written notice at least 7
days before the meeting
Within 7 days after making
its decision, notify the
Treasurer and affected
person by mailing one
written notice
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Section 374:
Notice of Registration
Tax arrears certificate
Notice require, within 60
days after the registration
of a tax arrears certification
As per the requirements
stipulated in the Act
Section 379 & 380:
Public Sale (Tax Arrears
Certificate)
Sale of property for tax
arrears
As per the requirements
stipulated in the Act
Any notice required to be
sent may be given by
personal delivery or be sent
by certified or registered
mail
Section 391:
Fees & Charges
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 through
posting on 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 7 days prior to
the meeting in which the
matter is considered
Notice to be posted on
website- 7 days prior
Section 401 & 402:
Debt & Notice
Upon receipt of application
of a municipality to incur a
debit the Local Planning
Appeal Tribunal may direct
the municipality to give
notice of the application to
such persons and in such
manner as the Board
determines
One written notice mailed to
give notice of the
application to such persons
and in such manner as the
Tribunal determines
Section 435:
Conditions Governing
Reasonable time before
proposed entry
As per the requirements
stipulated in the Act
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Power of Entry
Notice to occupier of land
by personal service or
prepaid mail, or by posting
notice on land in
conspicuous place
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
Written notice mailed to
person whom fine is against
with a due date of not less
than 21 days after the date
of the notice
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 Act