Public Notice By-Law - By-Law No. 7300

A BY-LAW to establish a Policy for Public Notice requirements for the County of Middlesex. 

WHEREAS:

1. Section 270(1)(4) of the Municipal Act, 2001, as amended, provides that 
   a municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given;
2. Section 270(1)(5) of the Municipal Act, 2001, as amended, provides that a municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; 
3. It is deemed expedient to set out reasonable minimum notice requirements for those actions for which notice requirements are not prescribed under the provisions of the Municipal Act or its regulations;
4. Section 10 of the Municipal Act, 2001, as amended, provides that a municipality may pass by-laws respecting any service or thing that the municipality considers necessary or desirable for the public;

NOW THEREFORE the Council of the Corporation of the County of Middlesex enacts as follows:

1. DEFINITIONS

   In this By-Law the following terms have the following meanings:

   1. “Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended or replaced; 
   2. “Clerk” means the Clerk of the Corporation of the County of Middlesex or designate; 
   3. “Council” means the Council of The Corporation of the County of Middlesex; 
   4. “County” means the Corporation of the County of Middlesex; 
   5. “Mailed” means prepaid first-class mail, sent by courier or sent by electronic mail; 
   6. “Newspaper” means a printed publication in sheet form or published online, intended for general circulation, published regularly; 
   7. “Posted” means electronically publishing the notice on the County of Middlesex website.
   8. "Published or Publication" means published in a newspaper publication that, in the opinion of the Clerk, has such circulation within the municipality, or is published for the purpose of informing the public within the municipality, as to provide reasonable notice to those affected; 
   9. “Website” means the Corporation of the County of Middlesex official website at middlesex.ca 
2. PROVISION OF NOTICE
   1. Where notice of intention to pass a by-law or notice of a public meeting is required to be given under a provision of the Act, the notice shall be published and or posted pursuant to Schedule “A” to this by-law subject to the following terms:
      1. Notice shall be deemed sufficient if Council directs that notice other than that prescribed in this by-law for certain matters and that such notice complies with the Act. 
      2. No additional notice will be required for subsequent meetings where a meeting has been deferred or referred by the Council.
      3. Service interruptions regarding access to online forms of notice shall not be understood to render the affected notice(s) void.
   2. 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 within the timeframe prescribed in the Act or its regulations, and if not so prescribed, notice shall be given pursuant to Schedule “A” to this by-law.
   3. Unless otherwise prescribed in the Act 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:
      1. The section of the Act or its regulations that apply to the matter, where applicable;
      2. A description of the purpose of the meeting, or the purpose and effect of the proposed by-law;
      3. The date, time, and location of the meeting;
      4. Where the purpose of the by-law is related to specific lands within the County, a reference to a municipal address or to a legal description or a keymap showing the affected lands; and
      5. The name and contact information of the person designated to receive any written comments as well as the deadline for receiving such comments, as pertinent to the related public meeting or by-law
3. GENERAL
   1. Any by-law enacted by Council that provides for a specific time and manner of notice that conflicts with this by-law, and any statutory or regulatory prescription for the time and manner of notice that conflicts with this by-law shall prevail over this by-law.
   2. Nothing in this by-law shall prevent the Clerk from using more comprehensive methods of notice or to provide for longer periods of notice.
   3. This by-law and Schedule “A” of this by-law shall apply to the Council’s local boards and committees where applicable.
   4. No notice shall be required under this by-law, where provision of notice will interfere with the ability of Council to conduct business with respect to a matter permitted for a closed session under Section 239 of the Act.
4. EMERGENCY PROVISION
   1. If a matter arises, which in the opinion of the Clerk, is an urgent or time sensitive nature or which could affect the health or well-being of the residents of the County, or if a State of Emergency is declared, or if so advised by a ministry of the Province of Ontario, the notice requirements of this by-law may be waived and the Clerk shall make best efforts to provide as much notice as is reasonable under the circumstances.
5. RESPONSIBILITY
   1. It is the responsibility of the appropriate Department Head, in conjunction with the Clerk, to ensure notice requirements applicable to their Department are met.
6. REPEAL
   1. By-Law #5650 is hereby repealed.
7. EFFECTIVE DATE
   1. This by-law shall come into force and effect on the date of its passing.

PASSED IN COUNCIL this 10^th day of September, 2024.