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2007-133 To Adopt a Provision of Notice Policy For the Township of Oro-Medonte and to Repeal By-Law No. 2002-123THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-133 BEING A BY-LAW TO ADOPT A PROVISION OF NOTICE POLICY FOR THE TOWNSHIP OF ORO-MEDONTE AND TO REPEAL BY-LAW NO. 2002-123 WHEREAS Section 270 (1 } of the Municipal Act, 2001, S.C7. 2401, c.25, as amended, provides that 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; AND WHEREAS Section 224 of the Municipal Act, 2001, S.4. 2001, c.25, as amended, states that it is the role of Council to ensure that administrative policies, practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of ©ro-Medonte does not find it expedient to adopt a Provision of Notice Policy; NOW THEREFORE the Council of the Township of Qro-Medonte hereby enacts as follows: That the Provision of Notice Policy, Schedule "A", attached hereto and farming part of this by-law is hereby adopted. 2. That By-law No. 2002-123 is hereby repealed in its entirety. 3. This by-law shall take effect on the 1St day of January, 2008. BY-LAW READ A FIRST AND SECOND TIME THIS 19T" DAY OF DECEMBER, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19T" DAY OF DECEMBER, 2007. THE CORPORATION 4F THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes J, _ ; ; _. .~ Clerk, J. I.louglas Irwin Schedule "A" to By-Law No. 2007-133 Provision of Notice Policv Section 1 Sub'ect Matter Re uirement in the Munici al Act Polic Sectian 48 A local municipality may name or change the name of a private Notice of intent to owners directly affected to Change /Naming of Private road after giving public notice of its intention to pass the by-law. be provided 2 weeks prior to enactment of Roads by-law prepaid first class mail. Advertisement published in area newspaper approx. two weeks priar to enactment of by- law, including location and map. Township website approx. two weeks priar to meeting. Posting at Administration Office approx. two weeks rior to meetin . Section 110 Upon the passing of a by-law under subsection (6), the clerk of the Written notice by prepaid first class mail Agreements far municipal municipality shall give written notice of the contents of the by-law immediately upon passing of the by-law to ail capital facilities to, persons identified by the Act. Subsection (8) -Notice of tax exemption by-law (a) the assessment corporation; (b} the clerk of any other municipality that would, but for the by- law, have had authority to levy rates an the assessment for the land exempted by the by-law; and (c) the secretary of any school board if the area of jurisdiction of the board includes the land exempted by the by-law. Sectian 173 Before the council of a municipality votes an whether to support or Advertisement published in area newspaper Restructuring Proposal oppose a restructuring proposal, the council shall or may, as approx. two weeks prior to public meeting. Subsection (3) - applicable, do the following things when the proposal is being Consultation developed ar after it is developed: Township website at least two weeks priar to 1. Council shall consult with the public by giving notice of, and by meeting. holding, at least one public meeting. Pasting at Administration Office at least two 2. Council shall consult with such persons ar bodies as the weeks prior to meeting. Minister may prescribe. 3. Council may consult with such other persons and bodies as the municipality considers appropriate. -2- Section / Sub'ect Matter Re uirement in the Munici al Act Polic Section 222 Within 15 days after a by-law described in subsection (1 } is Notice of by-law passing not later than fifteen Establishment of Wards passed, the municipality shall give notice of the passing of the by- (15} days following enactment via Subsection (3} -Notice law to the public specifying the last date far filing a native of appeal advertisement in area newspaper, Township under subsection (4}. website, notice posted at Administration Office. Section 238 The procedure by-law shall provide for public notice of meetings. As per Township's Procedural By-Law. Procedure by-law Subsection 2.1 -Notice Section 270 270(1) A municipality shall adopt and maintain policies with respect Per the Township's Sale and Qther Adoption of policies to the fallowing matters: Disposition of E_and By-Law. 1. Its sale and other disposition of land. Section 295(1) Within 60 days after receiving the audited financial statements of Within 60 days: Publication of financial the municipality far the previous year, the treasurer of the statements, etc. municipality, Advertisement published in area newspaper a} shall publish in a newspaper having general circulation in the that financial statements are on website or municipality, available at no cost per request. i) a copy of the audited financial statements, the notes to the Financial statements pasted on website. financial statements, the auditor's report and the tax rate information for the current and previous year as contained in the financial review, or ii} a notice that the information described in subclause (i) will be made available at no cost to any taxpayer ar resident of the municipality upon request; and b) may provide the information described in subclause (a} (i} or (ii) to such persons and in such other manner as the treasurer considers appropriate. -3- Section ! Sub'ect Matter Re uirement in the Munici al Act Potic Section 331 The local municipality shall mail to the owner of each eligible Within 60 days prepaid first class mail. Taxes on eligible property the list of the comparable properties and the determination properties made under subsection (2) with respect to that eligible property Subsection (9) -List to be within 60 days after the date the list is received by the local mailed to the owner municipality. Section 343(1) The treasurer shall send a tax bill to every taxpayer at least 21 At least 21 days prior prepaid first class mail. Notice of Tax Bill days before any taxes shown on the tax bill are due. Section 348 On making the determination required by subsection (1), the Per Section 348(3), prepaid first class mail Determination of Tax treasurer shall send to every taxpayer who owes taxes from a with interim tax bill in January. Status preceding year a notice of those taxes and of the related late Subsection {2) -Notice payment charges. Section 356 On or before September 3Q of the year fallowing the year in which Prepaid first class mail to owners and Division of Land into the application is made, council shall, applicants. Parcels -Notice Requirement a) hold a meeting at which the applicants and owners of any part (only if apportionment not agreed to by all Subsection (4) -Meeting of the land may make representations to council; parties), b) notify the applicants and owners of the meeting by mail sent at least 14 days before the meeting; and c) make its decision. Section 356 Within 14 days after making its decision, council shall notify the Within 14 days prepaid first class mail. Division of Land into applicants and owners of the decision and specify the last day for Parcels -Notice appealing the decision. Requirement Subsection {5 -Notice -4- Section / Sub'ect Matter Re uirement in the Munici al Act Polic Section 357 On or before September 30 of the year following the year in Prepaid first class mail to applicant. Cancellation, reduction, respect of which the application is made, council shall, refund of taxes Subsection (5) -Meeting a) hold a meeting at which the applicants may make (only if Treasurer nat in agreement with proposed cancellation, reduction or refund representations to council; of taxes). b) notify the applicants of the meeting by mail sent at least 14 days before the meeting; and c} make its decision Section 357 Within 14 days after making its decision, council shall notify the Within 14 days prepaid first class mail to Cancellation, reduction, applicants of the decision and specify the last day for appealing the applicants. refund of taxes decision. Subsection 6 -Notice Section 358 On or before September 30 of the year following the year in which Prepaid first class mail to applicant. Overcharges the application is made, council shall, Subsection (9) -Meeting a} hold a meeting at which the applicant may make representations to council; b} notify the applicant of the meeting by mail sent at least 14 days before the meeting; and c) make its decision. Section 358 Within 14 days after making its decision, council shall notify the Within 14 days prepaid first class mail to Overcharges applicant of the decision. applicant. Subsection 10 -Notice -5- Section / Sub'ect Matter Re uirement in the Munici al Act Polic Section 359 Increase of taxes Subsection (3) -Meeting Council shall, a} hold a meeting at which the treasurer and the person in respect of whom the application is made may make representations to council; b) notify the treasurer and the person in respect of whom the application is made of the meeting by mail sent at least 14 days before the meeting; and c) make its decision. At least 14 days before the meeting prepaid first class mail to applicant. Section 359 Within 14 days after making its decision, council shall notify the Within 14 days after the decision prepaid Increase of taxes treasurer and the person in respect of whom the application is first class mail to applicant. Subsection (4) -Notice made of the decision and specify the last day for appealing the decision. Section 374 {1 } Within 60 days after the registration of a tax arrears certificate, the Within 60 days, prepaid registered mail to Notice of Registration of treasurer shall send a notice of the registration afithe certificate to parties specified in the Act. tax arrears certificate - the following persons: Notice of Registration 1. The assessed owner of the land. 2. Where the land is registered under the Land Titles Act, every person appearing by the parcel register and by the index of executions for the area in which the land is situate to have an interest in the land an the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 379 (7.1) (a} or (b}. 3. Where the Registry Act applies to the land, every person appearing by the abstract index and by the index of executions for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 379 (7.1) {a) or (b). -6- Section / Sub'ect Matter Re uirement in the Munici al Act Palic Section 379 (1) Public Sale (tax arrears certificate) -Notice Requirement If the cancellation price remains unpaid 280 days after the day the tax arrears certificate is registered, the treasurer, within 30 days after the expiry of the 280-day period, shall send to the persons entitled to receive native under section 374 a final notice that the land will be advertised for public sale unless the cancellation price is paid before the end of the one-year period following the date of the registration of the tax arrears certificate. Within 30 days after the expiry of the 280- day period, prepaid Registered Mail to affected party. Section 400(f) The Minister may make regulations providing for any matters Notice of intent to pass a by-law in the Regulations - re: which, in the opinion of the Minister, are necessary or desirable for manner and form and at the times as Prescribed Notice of Fees the purposes of this Part, including, prescribed by the Minister. and Charges By-Law. f) requiring a municipality or local board to give the prescribed notice of its intention to pass a by-law imposing the fees and charges which have priority lien status under clause (d} to the prescribed persons in the manner and form and at the times prescribed. Section 435 Where subsection (1) requires that notice of a proposed exercise of Inform occupier of the land prepaid mail or Subsection (2) Conditions a power of entry be given, the notice must satisfy the following by pasting the native on the land in a Governing Power of Entry - requirements: conspicuous place. Notice 1. The notice must be given to the occupier of the land in respect of which the power of entry will be exercised. 2. The notice must be given within a reasonable time before the power of entry is exercised. 3. The notice must be given by personal service in the case of a proposed exercise of a power of entry under section 79, 80 or 446 in respect of a room or place actually used as a dwelling. 4. In the case of a proposed exercise of a power of entry other than one described in paragraph 3, the notice must be given by personal service or prepaid mail or by posting the notice on the land in a conspicuous place.