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HomeMy WebLinkAboutLGS-034-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: December 4, 2023 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary -Anne Dempster, CAO File Number: Report Number: LGS-034-23 Resolution#: GG-202-23 By-law Number:2023-070 Report Subject: Review of Notice By-law and Proposal of New Notice Policy Recommendations: 1. That Report LGS-034-23, and any related delegations or communication items, be received; 2. That Council approve the draft "Public Notice Policy", Attachment 1 to Report LGS- 034-23, to be effective upon the repeal of By-law 2005-022; 3. That the By-law attached to Report LGS-034-23, as Attachment 2, repealing By-law 2005-022, "Notice By-law", be approved, effective January 1, 2024; and 4. That all interested parties listed in Report LGS-034-23, and any delegations be advised of Council's decision. Municipality of Clarington Report LGS-034-23 Report Overview Page 2 This report recommends repealing the Notice By-law and proposes it be replaced by a new Notice Policy. 1. Background Legislative Background 1.1 Clarington's current "Notice By-law", By-law 2005-022, was passed arising out of recommendations from Report CLD-04-05. 1.2 The current by-law was passed under the former Section 251 of the Municipal Act which required the municipality to give notice in the manner required under the Municipality's notice provisions. Section 251 has since been repealed and ostensibly replaced by Section 270(1)(4): A municipality shall adopt and maintain policies with respect to the circumstances in which the municipality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. 1.3 Notice to the public is required under several different Acts including, but not limited to, the Municipal Act, the Planning Act, the Development Charges Act, 1992 and the Ontario Heritage Act. These Acts (and/or associated regulations) generally outline the circumstances where such notice will be given and often prescribes the form and content of such notice. 1.4 Sections 26(4) and 39.1(3) of the Ontario Heritage Act state when a municipality is required by Part IV and Part V of the Ontario Heritage Act to publish a notice in a newspaper having general circulation in the municipality. However, notice given in accordance with a policy adopted by a municipality under Section 270 of the Municipal Act is deemed to satisfy this requirement. Therefore, the Municipality's Notice By-law would satisfy the Ontario Heritage Act. 1.5 Typical Notices published under Parts IV and V of the Ontario Heritage Act may include: • Intention to Designate a Property; • Passing, amending or repealing a Designation By-law; • Creation of a Heritage Study Area; or, • Designation of a Heritage Conservation District and District Plan. Municipality of Clarington Report LGS-034-23 Reason for Current Review Page 3 1.6 With Metroland's recent decision to cease publication of Clarington This Week, Staff have reviewed the legislative requirements and deemed it necessary to recommend changes to the Notice Policy. 1.7 Additionally, changes arising out of the Strong Mayors Act render some sections of the Notice By-law unnecessary or not applicable. At present it is out of touch with modern forms of communication and legislative changes. 2. Review of Current By-law 2.1 The current by-law outlines minimum notice requirements for: • Notice of intention to pass a by-law, or notice of a public meeting • Adoption of Annual Budget • Improvements to Services • Financial Statements 2.2 Staff have reviewed Notice Policies of other municipalities and have modeled the attached policy based on the review, with input from the Senior Leadership Team. 2.3 The current by-law is very specific in identifying situations where public notice is required. These situations are limited in range, arbitrary, and in some cases no longer reference legislation correctly. Additionally, there are a number of Municipal policies and procedures that require public notice which aren't reflected in this policy. 2.4 The current by-law doesn't account for common legislative public notice requirements such as those found in the Planning Act and other provincial legislation. 2.5 The current by-law refers to notice regarding budget and budget amendments, which has effectively been changed as a result of the changes to the Municipal Act arising from the Strong Mayors Act. 2.6 Most glaringly, the by-law requires notice to be printed in local newspapers as the primary method of giving notice, which alone is not effective at reaching the broader public compared to other contemporary forms of communications, including the municipal website and social media platforms. Municipality of Clarington Report LGS-034-23 3. Proposed Public Notice Policy 3.1 The review identified a number of areas for improvement, including: • Change the authority section • Change from a By-law to a Policy • Remove references to notice for Financial Statements Page 4 • Added a reference to accommodate circumstances where the legislation may require notice in newspapers, but no newspapers exist 3.2 The proposed policy (Attachment 1) establishes criteria to be applied when determining if public notice is required. For example, when determining whether a matter is of sufficient public interest to warrant the giving of public notice, the policy requires Staff to consider: • the number of people affected by the matter; • the financial implications of the matter for the municipality; • the time period or duration for which the matter is applicable; and • the extent of any geographic area affected. 3.3 By applying these criteria, public notice can be issued for a wider range of matters, and in a more consistent manner across the organization. This policy also establishes minimum requirements for the form, manner, and time for giving notice. The form describes the content that all public notices should contain, including: • The authority and/or legislation under which the notice is being given; • A description of the matter, and any decisions to be made in relation to it; • A map or description of any lands affected by the matter; • The date, time, and location of any meeting at which the matter may be considered; • A description of how comments and/or questions regarding the matter may be submitted; Municipality of Clarington Page 5 Report LGS-034-23 Contact information of the employee, person, or organization responsible for the matter; • How to exercise any applicable rights of appeal; and • Any other information deemed necessary by the Municipality. 3.4 The "manner" specifies how public notice is to be published or distributed. The existing policy typically only specifies publication in a local newspaper and direct mail -outs to affected parties. Under the revised policy, all public notices will be posted electronically on the municipal website in a dedicated location designated for the giving of public notice, and provided directly by mail or email to affected parties identified by the Municipality, where appropriate. Notice may also be posted in other print or online media but is not a requirement. 3.5 The "time" refers to how far in advance public notice should be provided. As a baseline, the new policy requires public notice to be posted a minimum of 14 days in advance. Nothing in the policy prevents Staff from exceeding any of these minimum standards where deemed appropriate to do so. The policy also acknowledges that, wherever legislation requires the giving of public notice, the requirements of the legislation will apply and supersede the policy where applicable. If legislation requires that public notice be given but does not provide any guidance on the form, manner, or time for doing so, the policy provides a minimum standard to be followed by staff. 3.6 The new policy also reconciles differences with Clarington's previous notice provisions (i.e. in other policies and by-laws) with the new policy. 3.7 Another addition to the policy is the ability for Staff to waive notice provisions, where it is deemed necessary, and under certain circumstances. 3.8 Since the policy could affect all departments, the CAO is responsible for the review and updating of this policy. 4. Financial Considerations Not Applicable. 5. Concurrence This report has been reviewed by the Senior Leadership Team who concur with the recommendations. Municipality of Clarington Report LGS-034-23 6. Conclusion Page 6 It is respectfully recommended that Council repeal the current Notice By-law 2005-022 and replace it with the attached proposed Public Notice Policy. Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or jgallagher@clarington.net. Attachments: Attachment 1 — Draft Public Notice Policy Attachment 2 — Repealing By-law Interested Parties: There are no interested parties to be notified of Council's decision. Attachment 1 to Report LGS-034-23 Council Policy Clar*wn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Number: CP-00# Title: Public Notice Policy Type: Legal Services Sub -type: Public Notice Owner: Legislative Services Clerk's Division Approved By: Council Approval Date: Click or tap to enter a date. Effective Date: Click or tap to enter a date. Revised Date: Click or tap to enter a date. Applicable to: All Staff 1. Legislative or Administrative Authority: This policy is to satisfy the requirements of Subsection 270(1) of the Municipal Act, 2001, as amended. 2. Purpose: The purpose of this policy is to establish the form, manner, and times that public notice shall be given when the Municipality is required to give public notice in circumstances of its own initiative, or as prescribed by other levels of government. 3. Scope: This policy is applicable to all matters for which the Municipality has determined that the giving of public notice is warranted. Where the requirements of this policy conflict with the notice requirements in any other Municipal policy, by-law, or any other applicable legislation, the more expansive notice requirements shall apply. 4. Definitions: Not Applicable. Page 1 of 6 Council Policy Clarftwn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5. Policy Requirements: Circumstances 5.1. The Municipality shall give public notice under the following circumstances. • Where the giving of public notice is required by the provincial or federal statue, or regulation; • Where directed pursuant to a municipal Council policy, by-law, management directive, standard operating procedure or work instruction that requires the giving of public notice; or • Where, in the opinion of Staff, the matter is of sufficient public interest to warrant the giving of public notice. 5.2. When determining whether a small matter is of sufficient public interest to warrant the giving of public notice, staff shall consider: • The number of people affected by the matter; • The financial implications of the matter for the municipality; • The time -period, or duration, for which the matter is applicable; and • The extent of any geographic area affected. Form 5.3. Where public notice is deemed to be required, the notice shall contain, at minimum, the following information: • The authority and/or legislation under which the notice is being given, if applicable; • A description of the matter, and any decision to be made in relation to it; • A map, or description, of any lands affected by the matter, if pertinent; Page 2 of 6 Council Policy Clarftwn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 • The date, time, and location of any meeting at which the matter may be considered; • A description of how comments and/or questions regarding the matter may be submitted; • Contact information of the employee, person, or organization responsible for the matter; • How to exercise any applicable rights of appeal; and • Any other information deemed necessary by Staff or as directed by Council. 5.4. Wherever possible, notices shall be written in plain language and feature an accessible, and easily legible, design in accordance with Clarington's Branding Guidelines and Accessible Document Guidelines. Manner 5.5. Notice shall be posted electronically on the Municipality of Clarington's website on a webpage dedicated for the purpose of giving public notice. Notice shall also be provided by regular letter mail or email to every party that has requested in writing to be updated with respect to the matter, and has provided contact information, or where otherwise deemed by Staff to be appropriate in the circumstances. Notice may also be published in additional print, or online media, at the discretion of Staff. Time 5.6. Public notices shall be posted and/or distributed a minimum of 14 calendar days prior to the matter being considered, or prior to any referenced action coming into effect (whichever is applicable in the circumstances). 5.7. In calculating the notice period, the day of giving notice is excluded, and the day on which the relevant action to be taken is included. Page 3 of 6 Council Policy Clarftwn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5.8. Notwithstanding the above section regarding "time", if a matter specified in a public notice does not occur at the specified time and is rescheduled, additional notice shall be provided to the public to advise when the matter has been rescheduled to be considered. Where the time to give public notice is not legislated, any subsequent public notice shall not be required to adhere to the minimum time requirements above. Exceeding Minimum Notice 5.9. Nothing shall prevent the Municipality, acting reasonably, from exceeding the minimum notice requirements established in this policy at its discretion. 6. Administration Requirements by Statute or Regulations 6.1. Where satisfying a statutory requirement is an impossibility (for example, where legislation requires notice in a `newspaper having generation circulation in the municipality", where no such newspaper exists), the Municipality shall make reasonable efforts to satisfy the legislative intent through other means. Where the giving of notice is required by legislation but the form, manner and/or time of giving notice is not specified by the applicable legislation, the Municipality shall give notice to the public in accordance with above sections regarding form, manner, and time. 6.2. Failure to conform to the standards of this policy shall not invalidate the matter, or any decision made regarding the matter, absent any strict legislative requirement to the contrary. 7. Roles and Responsibilities: 7.1. Council is responsible for: 7.1.1. Setting the policy on the form, manner, and time of notice. 7.1.2. Providing the financial and administrative resources to meet the requirements of the Public Notice Policy. Page 4 of 6 Council Policy Clarftwn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 7.2. Chief Administrative Officer (CAO) is responsible for deciding on situations where: 7.2.1. Since the policy could affect all departments, the CAO is responsible for the review and updating of this policy. 7.2.2. If a matter arises which, in the opinion of the Chief Administrative Officer: is considered to be urgent or of a time sensitive nature; could affect the health or well-being of the residents of the Municipality; or is likely to result in a State of Emergency being declared by the Province of Ontario or the Municipality; any, or all, of the public notice provisions established in this policy may be waived, and the Municipality shall make its best effort to provide as much notice as is reasonable under the circumstances, provided that the waiving of giving public notice does not contravene provincial or federal statutes or regulations. 7.3. Directors / Managers are responsible for the following within their scope of authority: 7.3.1. Ensuring that Staff are aware of the Public Notice Policy. 7.3.2. Ensuring that Staff comply with the Public Notice Policy. 7.3.3. Obtaining approval, from the CAO, for the waiving of any of the provisions of the Public Notice Policy, where necessary (as defined above). 7.3.4. Working with the Communications Division to ensure that appropriate notice is given. Page 5 of 6 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 7.4. All Staff are responsible for: 7.4.1. Ensuring that the public notices are created and distributed in accordance with the Public Notice Policy. 7.4.2. Notifying the Director of any problems with meeting the Public Notice Policy requirements. 7.4.3. Working with the Communications Division to ensure that appropriate notice is given. 8. Related Documents: Not Applicable. 9. Inquiries: If further information is required please contact the CAO. 10. Revision History: Date Description of Changes Approved By Page 6 of 6 Attachment 2 to Report LGS-034-23 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2023-XXX Being a by-law to repeal By-law 2005-022, the Notice By-law. Whereas, arising out of Report LGS-034-23, Council approved the recommendation to replace the existing Notice By-law with a new Public Notice Policy; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That By-law 2005-022, the Notice By-law, be repealed. 2. That this by-law shall come into force and effect on January 1, 2024. Passed in Open Council this XX day of MMMM, 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk