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2763-2009 Public Notice Policy

2763-2009 Public Notice Policy By-Law

BEING A BY-LAW TO ESTABLISH A PUBLIC NOTICE POLICY

Passed by Council May 11, 2009


 

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 2763
A BY-LAW TO ESTABLISH A PUBLIC NOTICE POLICY

WHEREAS the Municipal Act 2001, as amended, provides that a municipality shall adopt
and maintain a policy with regard 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;

NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts as
follows:

1. The Public Notice Policy, as outlined in Schedule “A” attached hereto, is adopted by
Council.

2. The Clerk shall be responsible for the administration of this by-law and will be
accountable to the Council for its enforcement.

3. By-Law 2485 is hereby repealed.

4. This by-law shall be known as the “Notice Policy By-Law”.

5. This by-law shall come into force and take effect on the date of its passing

READ a first and second time this t1h1 day of May 2009.

READ a third time and passed this 1th day of May 2009.

Signed by the Reeve and the Clerk.

 

SCHEDULE “A” TO BY-LAW 2763

PUBLIC NOTICE POLICY

POLICY STATEMENT:

In accordance with the Municipal Act 2001, as amended, a municipality must adopt a
policy for public notification.

1. PROCEDURE:

(a) Manner of Notice

Where notice of intention to pass a by-law or notice of a public meeting is
required to be given, the Clerk or designate shall cause such notice to be
published in a local newspaper and/or on the Township of Augusta Website.

(b) Time of Notice

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 Municipal Act 2001, as amended, 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.

(c) Form of Notice

Unless otherwise prescribed in the Municipal Act 2001, as amended 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:

a) A description of the purpose of the meeting, or the purpose and
effect of the proposed by-law;
b) The date, time and location of the meeting;
c) Where the purpose of the meeting or proposed by-law is
related to specific lands within the Township, a key map
showing the affected lands;
d) 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.

2. FINANCIAL

(a) Adoption of Annual Budget

The notice provisions set out in Sections 1, 2 and 3 shall apply to the
adoption of the annual budget in total.

(b) Operating Costs Incurred Prior to Budget Approval

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 budget.

3. GENERAL

(a) 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 the Municipal Act 2001, as
amended.

(b) Nothing in this by-law shall prevent the Clerk from using more
comprehensive methods of notice or providing for a longer notice period.

4. EMERGENCY PROVISION

If a matter arises, which in the opinion of the Clerk, in consultation with the Chief
Administrative Officer, 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 Township of
Augusta, 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.