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BYLAW - Define Public Notice Policies Procedures for Town - 20150526 - 571015THE CORPORATION OF THE TOWN OF AURORA By-law Number 5710-15 BEING A BY-LAW to define the public notice policies and procedures for The Corporation of the Town of Aurora. WHEREAS paragraph 4 of subsection 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that 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 on February 11, 2003, Council of the Town passed By-law Number 4405-03.D, being a by-law to prescribed the form, manner, and time for the provision of notice to the public; AND WHEREAS on March 25, 2008 the Town adopted a public notice provision policy, being Town Administration Procedure No. 62; AND WHEREAS it is deemed necessary to adopt a policy by by-law with respect to the Town's public notice policies and procedures to replace By-law Number 4405- 03.D and Administration Procedure No. 62; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: TABLE OF CONTENTS PART 1: DEFINITIONS, PRINCIPLES, PURPOSE AND APPLICATION 1. DEFINITIONS OF THIS BY-LAW............................................................................ 2 2. PURPOSES, GOALS, AND OBJECTIVES OF THIS BY-LAW ............................... 2 3. APPLICATION......................................................................................................... 3 4. NOTICE REQUIREMENTS AND RESPONSIBILITIES ........................................... 4 5. AUTHORITY............................................................................................................ 4 6. RESTRICTIONS AND CONFLICT........................................................................... 5 7. ACCESS TO INFORMATION.................................................................................. 5 8. ACCESSIBILITY CONSIDERATIONS..................................................................... 5 PART 2: GENERAL ITEMS 9. BY-LAW REVIEW.................................................................................................... 5 10. SEVERABILITY....................................................................................................... 5 11. REPEAL AND TRANSITION................................................................................... 6 12. SHORT TITLE.......................................................................................................... 6 13. IN FORCE................................................................................................................ 6 SCHEDULE "A" — NOTICE REQUIREMENTS SCHEDULE "B" — NEWSPAPERS WITH GENERAL CIRCULATION IN TOWN By-law Number 5710-15 Page 1 PART 1: DEFINITIONS, PURPOSES, APPLICATION AND AUTHORITY 1. DEFINITIONS OF THIS BY-LAW 1.(1) In this by-law, the following words have the following meanings: (a) "AODA" means the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended; (b) "CAO" means the person appointed as the Chief Administrative Officer of the Town pursuant to the Municipal Act, or his/her designate; (c) "Clerk" means the person appointed as the Town Clerk of the Town pursuant to the Municipal Act, or his/her deputy or designate; (d) "Council" means the Council of The Corporation of the Town of Aurora; (e) "Department" means an administrative unit of the Town as determined or designated the CAO; (f) "Department Head" means a Director, or his/her designate, of the Town who is responsible for a Department, and shall include the CAO with respect to his/her direct responsibilities for a Department; (g) "Emergency" means a situation or an impending situation caused by the forces of nature, an accident, an intentional act or otherwise, that constitutes a danger to life or property; (h) "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25 as amended; (i) "Newspaper" means a document that: (i) is printed in sheet form, (ii) consists primarily of news of current events of general interest, and (iii) is published at regular intervals normally of a week or less and has such circulation within the Town of Aurora as to provide reasonable notice; (j) "Procedural By-law" means Town By-law Number 5330-11 as amended, or a successor by-law thereof; (k) "Town" means The Corporation of the Town of Aurora; (1) "Treasurer" means the person appointed as the Treasurer of the Town pursuant to the Municipal Act, or his/her deputy or designate; (m) "Website" means the Town's official website at www.aurora.ca, or at an alternate internet address as designated by the CAO from time to time. 1.(2) For the purposes of providing notice by the Town, the Newspapers set out in Schedule "B" shall be deemed to have general circulation in Aurora. 2. PURPOSES, GOALS, AND OBJECTIVES OF THIS BY-LAW 2.(1) The purpose of this by-law is to establish procedures for public notice and engagement that promote open and transparent governance of the town. 2.(2) The Town's commitment to public notice and engagement shall include the following guiding principles: By-law Number 5710-15 Page 2 (a) valuing inclusiveness — ensuring public notice and engagement is based on building trust and relationships that seek to involve all members of the community; (b) promoting open two-way communication — working with the community in a co-operative and collaborative way to share information and provide opportunities for open and constructive dialogue; (c) providing timely communication — ensuring information is available in a timely manner; (d) providing clear and accessible communication — ensuring the use of plain language, where appropriate, in a wide variety of formats and channels of communication; (e) being fiscally sustainable — ensuring methods and resources for public notice and engagement reflect the magnitude and complexity of the initiative; (f) being transparent and accountable — sharing information and having open public engagement processes, final decisions and outcomes; (g) being environmentally sustainable — ensuring environmentally friendly public notice and engagement methods; and (h) striving for continuous improvement — seeking better ways of engaging the community and providing efficient and effective public notice and engagement processes. 2.(3) In notifying the public, staff will consider the following factors: (a) statutory requirements — legislation that specifies notification criteria; (b) financial considerations — budget availability/allocation will be a high priority consideration; (c) geographic area of impact — Town -wide or area -specific impacts; (d) community impact — Town -wide impact or impact limited to certain groups; (e) target audience — individuals who are directly or indirectly affected; (f) timeframe of notification — ensure sufficient lead time and recognize seasonal constraints; (g) nature of issue/initiative — may be high profile, controversial or routine in nature; (h) type of engagement — ranges from inform to empower; (i) form of notification — web and electronic means will be used as the primary form of notification, other forms of notification may be considered to reflect the scope of the initiative; and (j) health and public safety risk — providing notice as quickly and widely as possible to protect and inform residents. 3. APPLICATION 3.(1) The list of prescribed notice requirements set out in Schedule "A" attached to this by-law is not to be considered as all-inclusive. Public notice shall be provided when required by the Municipal Act or any other legislation or regulation, specific Town policies, by-laws or practices. 3.(2) This by-law, with the exception of Section 1(2), does not apply to the provision of notice in relation to: By-law Number 5710-15 Page 3 (a) meetings of Council, the General Committee or any other Committee, as defined under the Procedural By-law, or any matter to which the Procedural By-law applies; (b) any matter to which the Procurement By-law applies; (c) the purchase or sale of land by the Town; and (d) any matter pursuant to the Building Code Act, 1992, S.O. 1992, c. 23, the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched., the Ontario Heritage Act, R.S.O. 1990, c. 0.18, and the Planning Act, R.S.O. 1990, c. P.13, all as amended. 3.(3) The notice requirements of this by-law may be waived when in the opinion of the CAO: (a) a matter arises that is considered to be of an urgent or time -sensitive nature which could affect the health or well-being of the residents of the Town; (b) a matter arises that is an Emergency; or (c) a "state of emergency" is declared pursuant to the Town's Municipal Emergency Management Program and Emergency Response Plan. 4. NOTICE REQUIREMENTS AND RESPONSIBILITIES 4.(1) Notice shall be provided in situations and for matters identified in Schedule "A" and in the form, manner and time as prescribed therein. 4.(2) The person identified in Schedule "A" as being `Responsible' in relation to notice requirements for a given situation or matter shall ensure that the notice requirements prescribed in Schedule "A" are satisfied in relation to applicable situations or matters. 4.(3) In all cases where notice is to be provided by any form of mail, courier or electronic mail, such notice may also be provided by personal service. 4.(4) If public notice of a by-law is required to be given pursuant to this by-law, the form of the public notice shall, at minimum, include: (a) a description of the purpose and effect of the proposed by-law; (b) the date, time and location of the intended by-law passage; and (c) the name, e-mail address and telephone number of the person who can provide information related to the by-law. 4.(5) Where no notice requirements are specified in any Town by-law, legislation or regulation, and the CAO deems it prudent to provide notice of a certain matter, notice may be provided by posting sufficient detail relating to such matter on the Website prior to the final consideration or outcome of such matter. 4.(6) When the notice requirements are waived pursuant to Section 3(3), the CAO shall be responsible for making his/her best efforts to provide as much public notice on the matter as is reasonable under the circumstances. 5. AUTHORITY 5.(1) Notwithstanding the notice requirements prescribed in this by-law, Council may prescribe, at its discretion, additional methods of giving notice, as follows: (a) where the giving of public notice is required by legislation, Council may provide additional notice requirements, provided that it adheres to any legislative requirements, through the passage of a resolution at a meeting of Council, provided that the resolution dictates the required method of giving notice; or By-law Number 5710-15 Page 4 (b) where the giving of public notice is not required by legislation, Council may provide at any time by resolution that public notice be given on any subject matter, provided that the resolution dictates the required method of giving notice and provision of such notice would not conflict or frustrate any provincial or federal Act, a regulation made under any such Act or any instrument of a legislative nature. 5.(2) The Clerk may prescribe additional methods of giving notice that shall be undertaken in order to provide reasonable notice to the public. 5.(3) In the event that this by-law prescribes notice to be provided in a format or manner that is not functional or reasonably available, and cannot be rendered functional or available through reasonable means in order to provide notice in satisfaction of the time requirement, the notice of such matter may be provided in an alternate form and manner that is deemed by the CAO to provide as much public notice on the matter as is reasonable under the circumstances. 5.(4) The CAO may make administrative changes to Schedules "A" and "B" regarding specific responsibilities and applicable Newspapers, as required. 6. RESTRICTIONS AND CONFLICT 6.(1) In case of conflict between any Town policy and this by-law relating to matters of public notice, the provisions contained in this by-law shall prevail. In case of conflict between this by-law and any other Town by-law, the provisions of the by-law that is more specific in addressing the matter in conflict shall prevail. 6.(2) No notice shall be required under this by-law where the provision of such notice would interfere with the ability of Council to conduct business with respect to a matter that is closed to the public pursuant to the Municipal Act. 6.(3) Notwithstanding the provisions of this by-law, the provisions of notice by the Town shall comply with any provincial or federal Act, or a regulation made under any such Act, and any instrument of a legislative nature. 7. ACCESS TO INFORMATION 7.(1) The disclosure of information in relation to the provision of public notice or in any notice by the Town shall be made in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 and the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, all as amended. 8. ACCESSIBILITY CONSIDERATIONS 8.(1) The Town is committed to giving people with disabilities the same opportunity to access and participate in the decision -making processes of the Town and allowing them to benefit from the same services and public participation opportunities as other constituents, pursuant to the provisions of the AODA. Where reasonable and in keeping with the guiding principles of this by-law, the Town will strive to ensure that public notice is provided in a manner that is accessible to people with disabilities. PART 2: GENERAL ITEMS 9. BY-LAW REVIEW 9.(1) This by-law shall be monitored and evaluated for effectiveness continuously by the CAO and shall be comprehensively reviewed upon specific request by the Council. 10. SEVERABILITY 10.(1) If any provision of this by-law or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this by-law which By-law Number 5710-15 Page 5 can be given effect without the invalid provision or application, and to this end the provisions of this by-law are severable. 11. REPEAL AND TRANSITION 11.(1) By-law Number 4405-03.D, as amended, is hereby repealed on the day of this by-law coming into full force and effect. 12. SHORT TITLE 12.(1) This by-law may be referred to as the "Public Notice By-law". 13. IN FORCE 13.(1) This by-law shall come into full force and effect on the date of final passage hereof. READ A FIRST AND SECOND TIME THIS 2eh DAY OF MAY, 2015. READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF MAY, 2015. Approved as to Form B , L�ega(Services signatw•e_1L 1! AM-f _ STEPHEN M.A.IMUYCM, TOWN CLERK By-law Number 5710-15 Page 6 SCHEDULE "A" - NOTICE REQUIREMENTS SUBJECT OF NOTICE AND/OR FORM, MANNER AND TIME RESPONSIBILITY MUNICIPAL ACT PROVISION OF NOTICE Permanent Highway Closure — Informational sign to be posted on Section 34 of Municipal Act the side of the highway that is to be closed and that is visible to all traffic Department Head of Before passing a by-law to using the highway. Infrastructure & permanently close a highway, the Notice to be provided at least 14 Environmental Services Town shall give public notice of its days prior to the consideration of intention to pass the by-law. by-law. Written notice to be delivered Permanent Highway Alteration personally or by courier to property owners directly affected by the Before passing a by-law for alteration. Also, an informational permanently altering a highway, if sign to be posted on the side of a the alteration is likely to deprive highway at or near the area(s) Department Head of any person of the sole means of affected by such by-law and to be Infrastructure & motor vehicle access to and from visible by all traffic using the Environmental Services the person's land over any highway. highway, the Town shall give public notice of its intention to Notice to be provided at least 14 pass the by-law. days prior to consideration of the by-law. Permanent Closing of Private Written notice to be delivered Road personally or by courier to property owners directly affected by the If a municipality requires the closing. Also, an informational sign owner of any land to permanently to be posted on the side of the Department Head of close up any private road, highway that is to be closed and Infrastructure & entrance, gate or other structure that is visible to all traffic using the Environmental Services that is constructed or is being highway. used as a means of access to a controlled access highway or Notice to be provided at least 14 other highway in contravention of days prior to consideration of the a by-law, it shall give notice. by-law. Naming a Private Road Written notice posted on the Website. Notice to be provided prior to Naming or Changing Name of consideration of by-law. Private Road — Section 48 of Municipal Act Department Head of Changing the Name of a Private Planning & Development A local municipality may name or Road Services change the name of a private road after giving public notice of Written notice to be delivered its intention to pass the by-law. personally or by courier to the to property owners directly affected by the change. Notice to be provided at least 14 days prior to consideration of by- law. Sign By-law — Section 99 of the Municipal Act Written notice posted on the Before passing a by-law Website. Department Head of regulating advertising devices, Notice to be provided at least 14 Building & By-law including signs, or amending an days prior to consideration of by- Services existing by-law, the Town shall law. give public notice of its intention to pass the by-law. By-law Number 5710-15 Page 1 of Schedule "A" SCHEDULE "A" - NOTICE REQUIREMENTS SUBJECT OF NOTICE AND/OR FORM, MANNER AND TIME RESPONSIBILITY MUNICIPAL ACT PROVISION OF NOTICE Licencing of Businesses — Part IV of Municipal Act Written notice posted on the Website. Department Head of Before passing of by-law Building & By-law regulating a system of licences, or Notice to be provided at least 14 Services amending an existing by-law, the days prior to consideration of by - Town shall give public notice of its law. intention to pass the by-law. Notice of Temporary Disruptions — Section 5 of O. Reg. 429/07 Department Head of Notice of temporary disruption to As required by Town Policy. Building & By-law be provided as required by Town Services Administration Policy No. 63, as amended or successor thereof. Restructuring of Municipality — Written notice posted on the Section 173 of Municipal Act Website and in a Newspaper. Notice to be provided at least 14 Before the Council votes on days prior to public meeting. Clerk whether to support or oppose a restructuring proposal, the Town Also, written notice to be mailed to shall give public notice of public persons prescribed by the Minister meeting. as per the Municipal Act. Notification of Public Meeting Written notice posted on the Website and in a Newspaper. Changing the Name of Notice to be provided at least 14 Municipality — Section 187 of the days prior to public meeting. Municipal Act Clerk Public notice to be provided. Notification of Passing of By-law to Change Name To be provided as required by the Municipal Act. Business Improvement Areas — Sections 204 to 210 of the Written notice of a proposed by-law Municipal Act to establish or restructure a business improvement area to be Clerk A municipality may designate an sent at least 60 days prior to area as an improvement area and passage of the by-law as required may establish a board of by the Municipal Act. management. Business Improvement Areas - Repeal of By-law — Section 211 Written notice of a proposed by-law of the Municipal Act to repeal a by-law establishing a Council shall give notice of a business improvement area to be Clerk proposed by-law to repeal a by- sent by mail or courier as required law establishing a business by the Municipal Act. improvement area. By-law Number 5710-15 Page 2 of Schedule "A" SCHEDULE "A" — NOTICE REQUIREMENTS SUBJECT OF NOTICE AND/OR FORM, MANNER AND TIME RESPONSIBILITY MUNICIPAL ACT PROVISION OF NOTICE Composition of Council — Written notice posted on the Section 217 of the Municipal Act Website and in a Newspaper. municipality may change the Notice to be provided at least 14 Clerk composition of its Council. c days prior to consideration of by-law to change composition. Before the Passing of the By-law Creation or Re -division or Written notice posted on the Website and in a Newspaper. Dissolving of Electoral Wards — Notice to be provided at least 14 Section 222 of the Municipal Act days prior to public meeting. Clerk A municipality may divide or re- After the Passing of the By-law divide the municipality into wards or dissolve existing wards. Written notice posted on the Website and in a Newspaper as required by the Municipal Act. Adoption of Policies - Section 270 of the Municipal Act Written notice posted Website upon Clerk A municipality shall adopt and adoption of policy. maintain policies required under Section 270. Local Improvement Charges By-law - O. Reg. 586/06 Before passing a by-law to As required by O. Reg. 586/06. Clerk undertake a work as a local improvement, the Town shall give notice of its intention to pass the by-law. Publication of Financial Statements — Section 295 of the Municipal Act As required by the Municipal Act. Treasurer Financial statements to be published by the Town as required by the Municipal Act. Sale of Seized Property — Section 351 of the Municipal Act Written notice posted on the Website. Subject to certain conditions, Treasurer personal property may be seized Notice to be provided at least 14 and sold to recover taxes and days prior to public auction. costs of the seizure. Tax Increase due to Erroneous Undercharge — Section 359 of the Municipal Act Upon receipt of an application by As required by the Municipal Act. Treasurer the Treasurer, the Town may increase the taxes levied when the taxes were undercharged due to a gross or manifest error. By-law Number 5710-15 Page 3 of Schedule "A" SCHEDULE "A" - NOTICE REQUIREMENTS SUBJECT OF NOTICE AND/OR FORM, MANNER AND TIME RESPONSIBILITY MUNICIPAL ACT PROVISION OF NOTICE Cancellation, Reduction or Refund of Taxes — Section 365 As required by the Municipal Act. Treasurer of the Municipal Act Cancellation of Taxes, Rehabilitation and Development Period — Section As required by the Municipal Act. Treasurer 365.1 of the Municipal Act Tax reduction for heritage property — Section 365.2 of the As required by the Municipal Act. Treasurer Municipal Act Fees and Charges — Section 391 of the Municipal Act Written notice of intention to pass The Town has authority to impose by-law to be posted on the Website. fees and charges, which are Notice to be provided at least 14 Treasurer established through the Town's days prior to consideration of by - Fees and Charges By-law and law. amended from time to time through by-laws. Allocation or Expenditure of the Principal from the Hydro Investment Reserve Funds Notice to be provided as required As required by Town By-law(s). Treasurer by Town By-law Numbers 5439- 12 or 5440-12, as applicable, as amended or successor by-law thereof. By-law Number 5710-15 Page 4 of Schedule "A" SCHEDULE "B" — NEWSPAPERS WITH GENERAL CIRCULATION IN TOWN The following papers shall be deemed to have general circulation in Aurora: (a) The Auroran; (b) The Aurora Banner; and (c) any other Newspaper(s) designated by the Clerk from time to time. By-law Number 5710-15 Page 1 of Schedule "B"