THE CORPORATION OF THE TOWNSHIP OF NIPISSING

BY-LAW # 2008-1211

BEING A BY-LAW TO SET MUNICIPAL POLICIES REQUIRED BY THE MUNICIPAL STATUTE LAW AMENDMENT ACT OF 2006 IN THE AREAS OF TRANSPARENCY, ACCOUNTABILITY, NOTICE AND DELEGATION

WHEREAS Section 270(1) and (2), 238(2.1), and 239.1 of the Municipal Act, 2001, as revised and amended by the Municipal Statute Law Amendment Act of 2006, require Municipalities to adopt and maintain policies and procedures with respect to:

a) The sale and disposition of land;
b) The hiring of Employees;
c) The Procurement of Goods and Services;
d) The circumstances in which the municipality shall provide notice to the public including the form, manner and time of giving notice;
e) The manner in which the municipality will try to ensure that it is accountable to the public for its actions and that its actions are transparent to the public;
f) The delegation of its powers and duties;
g) Ensuring that such policies are also adopted and acted upon by local boards, agencies and services which are jointly operated with other municipalities and agencies under the general administrative control of this municipality;

AND WHEREAS the Municipality already has comprehensive and effective measures in place to ensure and enhance transparency and accountability; but requires a general policy to promote future improvements in these areas;

NOW THEREFORE, the Council of the Corporation of the Township of Nipissing enacts as follows:

1. SHORT NAME: This By-Law shall be known as the “Transparency, Accountability and Policy By-Law, 2008″.

2. APPLICABILITY: Until revised by Council, this By-Law and the policies set out herein are intended to bind and apply to the Corporation of the Township of Nipissing, its officers and staff; subsidiary Local Boards (as defined in the Municipal Act) and agencies; joint entities operated conjointly with other municipal authorities which are under the general administrative supervision of this Township; and to Council itself.

3. IMPLEMENTATION MEASURES: This By-Law is a policy by-law setting out general principles and policies. The Corporation of the Township of Nipissing has historically enacted specific rules and measures in separate by-laws applicable to traditional categories of municipal operations. The Township will continue to follow this practice in the future. Therefore,

a) Specific measures will not be found here, but rather in existing and future by-laws of the municipality with respect to, The Giving of Notice; Hiring and Staffing; The Procurement of Goods and Services; Sale of Land; Procedures of Council and other bodies. The preceding list is not intended to be exhaustive. The application of policies set out in this by-law, and measures to implement them, are not limited to those by-laws referred to above; but shall generally apply to all existing and future by-laws of the municipality.

b) The municipality shall review all of its frequently used general by-laws which impact upon its dealings with members of the public on a regular basis and, among other considerations, ensure that they have regard to the policies set out in this by-law.

c) The Municipality shall encourage its frontline staff who interact with the public to suggest concrete measures which may advance the policies set out herein; listen to the concerns and suggestions of members of the public; and give careful consideration to all such suggestions.

d) Through its administrative and personnel policies, the Municipality shall work to see that its staff are properly trained and have sufficient energy, time and resources to deliver quality services in efficient, courteous, transparent and accountable manner to the public.

e) Where any by-law of the Municipality prescribes any practice or procedure to be followed which falls within the scope of policies enunciated in the by-law, it shall be deemed to apply with necessary modifications to all persons and entities described in Section 2 of this by-law in so far as possible. When reviewing specific by-laws under subclause 3 (b) above, or when enacting new by-laws, Council shall consider applicability sections which will clarify the responsibility of subsidiary bodies to adhere to specific measures which implement the policies enunciated herein.

4. SPECIFIC POLICIES: The Township of Nipissing adopts the following policies to ensure the continuation and improvement of its accountability and transparency in interactions with ratepayers and other members of the public.

a) ACCOUNTABILITY: It will be accountable to its Stakeholders for decisions made and policies implemented. “Stakeholders” means primarily the ratepayers and other electors eligible to vole in municipal elections. For specific purposes “Stakeholder” may also include (in cases where the municipality owes a legal duty of care or where it is required by Law to provide services or information) other residents, staff, suppliers, other levels and agencies of government, sister municipalities and members of the general public.

b) TRANSPARENCY: It will be transparent in its decision-making processes. It will ensure its decision-making process is open and clear to the public and that legitimate stakeholders are given a reasonable opportunity to be heard on matters of concern to them.

c) FINANCIAL ACCOUNTABILITY: It will be financially accountable to its Stakeholders through long-term planning, budgeting, audits, reporting and good asset management. It will consider the financial cost of all measures and proposals, bearing in mind that its primary financial responsibility is to its own ratepayers and other electors; to protect the public purse; and to ensure that the municipality and its ratepayers received value for their money.

d) DISCLOSURE: It will ensure that its records retention policies, disclosure procedures, and privacy protection measures comply at all times with the provisions of the Municipal Act and the Municipal Freedom of Information and Protection of Privacy Act and other applicable provisions of Law.

e) DELEGATION: It will continue to take advantage of its relatively small size and population to not delegate the functions of Council, officers appointed by by-law, Local Boards and joint agencies to other persons and bodies except in cases where such delegation will clearly enhance transparency, accountability and be of financial advantage to its primary stakeholders.

f) OPEN MEETINGS: Council, its committees, Local Boards and joint agencies shall conduct their discussions and make decisions in public except where clearly permitted or required to do otherwise by the Municipal Act or other applicable legislation. The dates, times and location of meetings of such bodies shall be made available to the public upon request or by posting at the municipal office, internet postings or other methods which do not require payment to third parties, except in cases where the Notice By-Law or other provisions of Law require other methods. For purposes of the investigation of complaints under this policy or provincial statutes, the municipality elects not to appoint an investigator under Section 239.1 and to have the Provincial Ombudsman conduct any investigation.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF JANUARY, 2008.

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MAYOR

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CLERK-TREASURER