THE CORPORATION OF THE TOWNSHIP OF NIPISSING

BY-LAW 2008-1226

PUBLIC NOTICE

which includes

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

WHEREAS Section 270 of the Municipal Act, 2001, S.O., c. 25, as amended, provides that municipalities shall adopt policies for the giving of Public Notice and the form, manner, and times of such notice as Council considers adequate in the circumstances.

AND WHEREAS these policies are hereinafter set forth.

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

1. TITLE:

.1 This by-law shall be called the “Township of Nipissing Public Notice By-Law.”

2. DEFINITIONS AND INTERPRETATION:

.1 In this By-law,

“Act” means the Municipal Act, 2001, S.O., c. 25 and its amendments and includes Regulations made under the Act.

“Clerk” means the Clerk of the Corporation of the Township of Nipissing, or such other person to whom Council or the Clerk has delegated the responsibility to give Notice under this by-law.

“Day” is a period of consecutive hours beginning at 12:01 a.m. and ending at midnight.

“Highway” means a road allowance, street, or lane under the jurisdiction of the
municipality.

“Newspaper” means a printed publication in sheet form, intended for general circulation to all parts of the Township, published at regular intervals consisting in a greater part of news or articles of general interest to the general public, which in the opinion of Council, has such circulation within the municipality. For the purpose of this by-law, the Almaguin Forester and the North Bay Nugget are deemed to be such newspapers.

“Notice” means Notice given to the public generally and includes Notice for the call for Tenders.

“Notice Period” where a period of time is prescribed between the giving of a Public Notice, and a subsequent event, such period shall include both the day the Notice is given, and the day on which the subsequent event is to occur.

“Published” means published in a daily or weekly newspaper.

“Shore Road Allowance” means a road allowance at the waters edge designated in the original Township survey or reserved in the original Patent of the adjacent land.

3. FORM AND CONTENT OF NOTICE:

.1 The form and content of the Notice shall be as follows, unless otherwise prescribed by the Act or Regulations:

(a) Description – a description of the purpose of the meeting and the purpose and effect of the by-law;

(b) Date – the date, time and location of the meeting;

(c) Land Matters – if the Notice involves the subject of land, the location and description of the said land;

(d) Comments – the name and address of the person who will receive written comments on the subject of the meeting and the deadline for receiving such comments.

4. NOTICE: PUBLICATION AND POSTING:

.1 Except as otherwise provided in Section 5 [Highways], Section 6 [Sale of Land], Section 7 [Emergencies] and Section 8 [Special Notice], the following provisions for:

1) Notice of intention to pass a by-law
2) Notice of public meeting

shall apply:

(a) Publication – to be published in a newspaper at least once during the fourteen (14) days immediately preceding the day on which the public meeting will be held or proceeding the day that Council will consider the by-law;

(b) Posting – Municipal Office – to be posted at the Township of Nipissing municipal office for at least ten (10) days before the day of the meeting;

(c) Website – if the municipality has a website, to be posted thereon, ten (10) days before the day of the meeting and such posting shall also be deemed posting in the municipal office.

5. NOTICE: HIGHWAYS/ROADS SPECIAL PROVISIONS:

.1 The closing or alteration of a highway – where the subject matter of the proposed by-law is the closing or alteration of a public highway, notice of a public meeting is required to be given as follows:

(a) Shore Road Allowances – where the portion of the highway proposed to be closed is a shore road allowance, the following shall apply:

i) Publication – to be published in a newspaper for three (3) consecutive weeks but not considered by Council until five (5) days after the last notice date;

ii) By Mail – to every owner of property within 100 meters of the said shore road allowance to be closed at least once in the twenty-one (21) days before the meeting; and

iii) Area of posting – posted in a minimum of four (4) places in the general area of the road allowance being closed, at least twenty-one (21) days before the meeting;

iv) Posting, Township Offices – posted in the Township of Nipissing administrative office for a period of three (3) consecutive weeks before the day of the meeting;

v) Website – if the municipality has a website, to be posted thereon for a period of three (3) consecutive weeks and such posting shall be deemed to be posting in the Township offices.

6. NOTICE: SALE OF LAND (OTHER THAN PUBLIC HIGHWAYS):

6.1 Where the proposed by-law relates to the sale of land, other than a public highway, the Clerk shall cause notice to be published as follows:

(a) in a newspaper once each week for two (2) consecutive weeks, with the last of such notice published not less than five (5) days before the day of the meeting;

(b) posted at the Township of Nipissing administrative office for a period of seven (7) days before the meeting;

(c) Website – if the municipality has a website, to be posted thereon for a period of fourteen (14) days and such posting shall be deemed to be posting in the Township offices.

7. NOTICE: EMERGENCIES:

.1 If a matter arises which in the opinion of the head of Council in consultation with the CAO and/or Clerk, is considered to be of a urgent or time sensitive nature, such as:

(a) it was likely to adversely affect the health or well-being of a significant number of residents of the Township; or

(b) it was likely to cause significant financial loss to the Township or a significant number of its residents; or

(c) a state of emergency had been declared.

.2 Direct the Clerk to give such notice, if any, as may be possible before the by-law is passed.

.3 Direct the Clerk to publish once in a newspaper as soon as practicable thereafter a notice that the by-law has been passed. The provisions of Section 3 hereof relating to the form and content of notice, shall apply.

8. EXCEPTIONS – SPECIAL NOTICE:

.1 This by-law does not apply:

(a) Act of Regulations
Where the Act or Regulations prescribe the manner or time of giving Public Notice in a given matter, then those provisions shall be followed instead of this by-law; or

(b) Separate by-law enacted by Council
Where Council has enacted a separate by-law under the Act or Regulation, prescribing the manner or time of giving Public Notice in a given matter, then those provisions shall be followed instead of this by-law.

.2 Notice 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 other than by a newspaper, then Notice shall be published:

(a) in a periodical or flyer for a period of fourteen (14) days, but not passed by Council until six (6) days after the last Notice date;

(b) posted at the municipal offices for a period of fourteen (14) days;

(c) posted on the municipal website – if in operation.

9. NOTICE: FINANCIAL:

(a) Adoption of Annual Budget:
The notice provisions set out in Section 4 above shall apply to the adoption of the annual budget in total.

(b) Amendments to the Annual Budget:
Where expenditure estimates approved in the budget have been subject to quotations or tenders quoting an amount greater than the estimate for that 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.

(c) Amendments:
The notice provisions set out in Sections 3 and 4 shall apply to any amendment to the annual budget that would require an increase in the tax rates for the Township of Nipissing or for which Council would have to borrow the necessary funds.

(d) Operating Costs Incurred Prior to the Adoption of the 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.

10. GENERAL:

(a) Adjournment: Notice deemed to continue:
Where notice of a public meeting or notice of intention to pass a by-law has been given in accordance with this by-law, Council may adjourn the public meeting to another specified date, or may adjourn to continue consideration of the by-law to another specified date. On such subsequent date, notice shall be deemed to have been sufficiently given to continue the public meeting or consideration and pass the proposed by-law.

(b) More comprehensive Notice:
Nothing in this by-law shall prevent the Clerk from using a more comprehensive method of giving Notice or providing for longer or shorter Notice period, so directed by by-law/resolution of Council.

11. REPEAL:

By-Law No. 1061 is hereby repealed.

12. EFFECTIVE DATE:

(a) This by-law comes into effect on the day it is passed;
(b) Provided however, that any procedure followed under the repealed by-law prior to the effective date of this by-law, shall be deemed to be in compliance with the Municipal Act and this by-law with respect to any Public Notice made before or after the effective date.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF MAY, 2008.

THE CORPORATION OF THE TOWNSHIP
OF NIPISSING

________________________________________
Wendy Billingsley, Mayor
c/s

________________________________________
Cindy Piper, Clerk-Treasurer