Provision of Notice required by Municipal Act

THE MUNICIPAL CORPORATION OF THE VILLAGE OF BURK’S FALLS

BY-LAW # 5-2003

Being a By-law to prescribe the form and manner and time for the provision of notice required by the Municipal Act.

WHEREAS the Municipal Act, 2001, S.O. 2001, C. 25, Section 251 provides that where a municipality is required to give notice under a provision of this Act, the municipality shall, except as otherwise provided, give notice in a form and in the manner and at the times that the Council considers adequate to give reasonable office under the provision;

AND WHEREAS it is deemed expedient to set out the minimum notice requirements that Council feels will provide adequate and reasonable notice for those actions for which notice is required by for which the notice requirements are not prescribed under the provisions of the Municipal Act or its regulations;

NOW THEREFORE THE Council for the Corporation of the Village of Burk’s Falls enacts as follows:

DEFINITIONS:
1. In this By-law:
“Act” means the Municipal Act, 2001, S.O. 1002, C. 25 and includes
regulations under the Act.

“Municipal website” means the use of public communication using the
Internet.

“Community Television Network” means the use of the community public
television channel.

NOTICE OF INTENTION TO PASS BY-LAW OR NOTICE OF PUBLIC MEETING

2. 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 shall cause such Notice
to be published on the Municipal Website, the Community Channel
and post the notice at the Village of Burk’s Falls Municipal Office.

3. 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 given in the time
frame prescribed in the Act or its regulations, and if the time frame is not
so prescribed, Notice shall be given at least once during the fourteen
days prior to the proposed action being taken, and no later that six
days prior to the proposed action being taken.

4. Form of Notice:
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 Notice shall include the following information:

A) A description of the purpose of the meeting, or the purpose
and effect of the 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 Village of Burk’s Falls, the
description of the subject land, the municipal office address
and telephone number and municipal contact name for receipt
of further information on the issue.

5. Additional Notice:

Where Notice of Intention Pass a By-law or Notice of a Public Meeting is required to be given under Section 34, 47, 48, 268 of the Act, the Clerk
shall cause such Notice to be place on the Municipal website, the Community
Channel and posted in the Municipal Office, at least for a period of three
weeks.

FINANCIAL NOTICES:

6. Adoption of Annual Budget:

The Notice provisions set out is Sections 2, 3, and 4 shall apply to the
adoption of the annual budget in total.

7. 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.
The Notice provisions set out in Section 2, 3, and 4 shall apply to any
Amendment to the Annual Budget that would require an increase in the
tax rates for the Village of Burk’s Falls or for which Council would have
to borrow the necessary funds.

8. Operating Costs Incurred Prior to the Adoption of the Annual
Budget:

Normal operation 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.

GENERAL:

9. Where a separate By-law has been enacted in accordance with
the Notice Provisions contained for a section of the Act, the Notice
Provisions set out in such By-law shall prevail.

10. Nothing in this By-law shall prevent the Clerk from using additional
Methods of Notice or providing for a longer Notice Period, if so directed by
Council.

EMERGENCY PROVISION:

11. If a matter arises, which in the opinion of the Clerk/Treasurer in consultation with the Reeve, 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 Village of Burk’s Falls, 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.

EFFECTIVE DATE:

12. This By-law shall come into full force and effect on the date of
passing.

AS READ A FIRST , SECOND AND THIRD TIME, SIGNED AND THE SEAL OF THE CORPORATION AFFIXED THERETO AND FINALLY PASSED IN COUNCIL THIS DAY 18th OF FEBRUARY 2003.

SEAL ________________________________
REEVE, JOE VAN GAAL

________________________________
CLERK/TREASURER
JARVIS W. OSBORNE