Municipal public notice policy required in Ontario

Section 270 of the Municipal Act requires that all municipalities and their local boards must adopt and maintain a policy regulating 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.

The Ontario Ombudsman recommends that the public notice include the date, time, and place of the meeting as well as the meeting’s agenda.

Example policies

• Arnprior
• Belleville
• Burlington
• Guelph
• Kingston
• London
• Newmarket
• Oakville
• Oshawa
• Quinte West
• Pickering
• Port Hope
• Whitby

Contents

Purpose

To allow for the giving of notice to the public of matters that may affect them, and to afford them the opportunity to make submissions, attend, and delegate before Council and their Committees.

Guelph

The objective of this policy is to:

1. Ensure transparent government communications which promote public participation.
2. Ensure citizens are aware of what, when and where the business of the municipality is being discussed.
3. Provide accurate and timely Notice to the public in general.
4. Ensure the notification process is consistent.
5. Ensure all Notices Published by the City are issued in an effective and relevant medium.

Circumstances

The Municipality shall give Public Notice under the following circumstances:

• a) Where the giving of Public Notice is required by a provincial or federal statute, or regulation as outlined in Appendix 1; or,
• b) Where, in the opinion of staff, the matter is of sufficient public interest to warrant the giving of Public Notice.

When determining whether a matter is of sufficient public interest to warrant the giving of Public Notice, staff shall consider:

• a) The number of people affected by the matter;
• b) The financial implications of the matter for the municipality;
• c) The time-period, or duration, for which the matter is applicable; and,
• d) The extent of any geographic area within the municipality that may be affected.

Pickering

Content

Where Notice is required to be given, the Notice shall include, at a minimum, the following information:

• a) The authority and/or purpose for the Notice;
• b) The subject matter, and any decision to be made in relation to it;
• c) The date, time, and location of any meeting at which the matter may be considered;
• d) If applicable, a key map or other description of the lands affected by the matter under consideration;
• e) How to exercise any rights of appeal; and,
• f) How, where, and when comments/objections can be made

Pickering

Unless otherwise prescribed in the Act or its regulations notice shall include the following information:

• A description of the purpose of the notice (i.e. to announce a public meeting date, passing of a By-law, etc.)
• The date, time, and location of the meeting or relevant event/matter occurring.
• Where the matter relates to a defined location, sufficient particulars of the location such as a key map, municipal address or legal description.
• The date, time and location of the Council or Committee of the Whole meeting at which the matter will be considered.
• Instructions for obtaining additional information.

Port Hope

Style

Where possible, Public Notices should be written in plain language and provided in an accessible manner. Public Notices shall incorporate the following strategies to enhance participatory opportunities for the public:

• Ability to scan for information: Make use of short sentences and paragraphs, and headers.
• Ease of reading: Use simple sentence structure and grammar.
• Use simple everyday words instead of technical jargon: Use active voice rather than passive voice.
• Target audiences: Anticipate their interests and address potential enquiries.
• Images: Use images especially if it helps readers understand the message.

Burlington

Form, manner and times notice to be given

Minimum notice requirements by subject

Accountability and responsibility

Accountable:
Council is accountable for approving this Public Notice Policy, and any necessary amendments.

The City Manager is accountable for approving amendments for Council’s consideration and waiving this Public Notice Policy when required in accordance with Objective 9.

The City Clerk is accountable for recommending and preparing any necessary amendments to the Public Notice Policy, collecting concerns or complaints relating to the Public Notice Policy and ensure staff prepare and circulate notices within the designated time.

Responsible:

Directors are responsible for ensuring staff prepare and circulate notices within the designated time.

City Staff are responsible for preparing notices within designated timeframes and coordinating notices to be published (via newspaper, mail, and/or website).

Burlington

Monitoring and evaluation

This policy is reviewed by the Director, Legislative Services/City Clerk or designate at least every three years to ensure its effectiveness and compliance with legislation and current business processes or as required based on legislative changes.

Oshawa

What if my municipality does not have this policy?

If you can’t find a copy of your municipality’s policy, contact your municipal clerk and members of council politely ask where you might access it.

If does not exist, remind them that it is required under the Municipal Act.

If they do not or are not able to produce one, the next step is to submit a Freedom of Information Act request under Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) to obtain a copy of it.