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

AND WHEREAS the Council of the Regional Corporation has by resolution passed on the 30th day of October, 2003 authorized the enactment of a by-law establishing provisions for giving "Notice" as required by the Act;

NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of The Regional Municipality of Peel enacts as follows:

1. Definitions

In this by-law:

"Act" means the Municipal Act, 2001, S.O. 2001, c. 25 as amended from time to time, and includes any regulation made there under;

"Clerk" means the Regional Clerk of The Regional Municipality of Peel, or that person's designate;

"Newspaper" means a printed publication in sheet form, which is intended for general circulation in the community or area affected by the relevant notice provision, published regularly at intervals of no longer than a week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers, and has the desired general circulation;

"Notice by Mail" means notification forwarded through Canada Post first class delivery service to the last known address of the person being notified, unless otherwise specified in the Act.

"Notices Page" means the subdirectory of the Region's Web site where notices are posted.

"Personal Service" shall have the same meaning as and shall include both "personal service" and "an alternative to personal service" under Rules 16.02 and 16.03 of the Rules of Civil Procedure R.R.O. 1990 Reg. 194 as amended, and as same may be further amended from time to time.

"Posting" means the placement of material in a place where individuals have access to the material, and "posted" shall have a like meaning.

"Public Meeting" means a specially called meeting held for the purpose of consulting with the public and hearing representations on the subject matter.

"Public Notice" or "Notice to the Public" means notice given to the public generally, but does not include notice given only to specified persons.

"Publish" includes publication in one or more of the following media: written, posted or electronic media including publication in a newspaper; within the agenda of Regional Council or one of its committees; on the internet via the Regional Web site; via television advertising; on a road side sign; via electronic e-mail; via water billing inserts; via facsimile transmission.

"Region" means the Regional Corporation of the Regional Municipality of Peel and not its geographic area;

"Registered Mail" means notification by registered mail through Canada Post to the last known address of the individual to be given notice, unless otherwise specified in the Act.

"Subject Matter" means the issue, measure, requirement, meeting or other matter or thing in respect of which a notice is required to be given.

"Web Site" means the Region's Internet Web site.

2. Application

(a) Where the Region is required to give notice under a provision of the Act, the notice shall be given in a form and manner and at the times indicated in this by-law, unless:

(i) The Act, another act, or a regulation prescribes or permits otherwise;

(ii) The requirements for notice are prescribed in another by-law or resolution; or

(iii) Council directs by resolution a method by which notice is to be given that Council considers adequate to give reasonable notice under the provision.

(b) This by-law applies only to notices that are mandatory under the Act and for which a notice procedure has not otherwise been established under the Act.

(c) This by-law does not apply to discretionary notices or to notices required pursuant to legislation other than the Act. Nothing in this by-law shall prevent the use of more comprehensive methods of notice or providing for a longer notice period.

(d) Where there is a conflict between this by-law and provisions of the Act or of another by-law, the Act or the other by-law shall apply.

(e) Where a notice does not strictly comply with the provisions hereof but would substantially inform a reasonable person of the subject matter to which the notice relates, the notice shall be deemed to be adequate, and in compliance with this by-law.

(f) Where a notice is required under the Act but is not provided for specifically in this by-law, a notice which would substantially inform a reasonable person of the subject matter to which the notice relates, shall be deemed to be adequate, and in compliance with this by-law.

(g) The effect of a failure to give a notice required under the Act or of a failure to give a notice which would substantially inform a reasonable person of the subject matter to which the notice relates, shall be determined without reference to this by-law.

3. Content of Notices

(a) Public Notice

A "notice to the public" shall contain the following information when applicable:

• A general description of the subject matter under consideration or otherwise involved;
• Purpose of any meeting of which notice is required to be given or the purpose and effect of the proposed action;
• Identification of the authority under which the notice is being given;
• Date, time and location of any meeting at which the subject matter will be considered of which notice is required to be given;
• General provisions guiding the submission of information by delegations to any meeting referred to in the notice for the purpose of a verbal submission;
• A key map or other description of any lands affected by the proposal;
• Where the matter relates to a defined location, sufficient particulars of the location to identify it generally, such as reference to a municipal address or street intersection, or a legal description or plan;
• Where written submissions may be made, the name and title of the person to whom they are to be sent, together with the address of the official and the deadline for receipt of such submissions;
• Instructions on obtaining any additional information which may be made available by the Region, submitting comments, or attending any meeting which may be held by the Region; and
• That the notice is given by the Regional Corporation or by the Clerk on its behalf.

(b) Other Notices

Notices other than "public notice" shall contain the following information when applicable:

• A general description of the subject matter under consideration or otherwise involved;
• Identification of the authority under which the notice is being given;
• Where the matter relates to a defined location, sufficient particulars of the location to identify it generally, such as reference to a municipal address or street intersection, or a legal description or plan;
• Instructions on obtaining any additional information which may be made available by the Region, including the name, address, phone number and fax number of any office providing notice;
• Details on required actions and timeframes; and
• Be clearly identified as a notice given by the Regional Corporation.

4. Additional Notice

(a) If the matter is deferred at the Regional Council or Committee meeting of which notice has been given, no additional notice is required, except where the Act provides otherwise or the Council or Committee direct otherwise.

(b) If the matter is considered at a subsequent Regional Council or Committee meeting, no additional notice is required, except where the Act provides otherwise or the Council or Committee direct otherwise.

5. Special Provisions

(a) Notice of Budget Changes - The following rules apply to public notice of Council's intention to adopt or amend a budget, as required under section 291 of the Municipal Act:

(i) notice of intention to adopt a budget shall be given in accordance with the requirements of giving notice to the public herein;
(ii) if a proposed amendment to a budget will result in a change to the total tax-supported net levy or a change to any property tax rate, notice to the public shall be given in accordance with the requirements of giving notice to the public herein;
(iii) if a proposed amendment to a budget does not affect the tax supported net levy or property tax rates, notice of the proposed amendment shall be given to the public by means of publication in the Council or General Committee agenda; and
(iv) measures which incur costs prior to the adoption of the annual budget shall not constitute the adoption of a budget or the amendment of a budget and shall not require notice.

(b) Improvements to Service - Unless otherwise designated by regulation, notice of improvements in the efficiency and effectiveness of the delivery of services by the Region and its local boards; and barriers identified by the Region and its local boards to achieving improvements in the efficiency and effectiveness of the delivery of services by them, shall be given by means of publication in the Notices Page of the Region's Web site and publication in the Council or General Committee Agenda as part of the Yearly Budget approval agenda item.

(c) Emergency Provisions - In the event of a circumstance which in the opinion of the Regional Chair or the Chief Administrative Officer, or their designate, is considered to be of an urgent or time sensitive nature, and which may affect the health, safety or physical security of residents of the Region of Peel, or if a Regional Emergency is declared, the requirements of the notice by-law may be suspended by the Chair or by the Chief Administrative Officer, or their designate, and best efforts shall be made by the Clerk to provide as much notice as is reasonable under the circumstances.

(d) Ability to Maintain Confidentiality - Nothing in this by-law shall require the giving of notice in a form, manner or at a time which would have the effect interfering with the ability of Council to maintain confidentiality with respect to a matter permitted to be dealt with by it in a closed session under Section 239 of the Act.

6. Peel Notice Requirements

(a) Notice shall be given as set forth in Schedule "A" (Notice Options) and Schedule "B" (Region of Peel - Notice Provisions and Methods) attached hereto and forming part of this by-law and notice so given is considered by the Council to be adequate to give reasonable notice under the provisions of the Act requiring notice to be given.

(b) Any provision of this by-law or of Schedule "B" stipulating by whom notice is to be given shall not be considered mandatory and the giving of notice by any other person shall if otherwise in compliance with the requirements of this by-law, be deemed to be adequate to give reasonable notice in compliance with this by-law.

7. Effective Date

This by-law shall come into full force and effect immediately.

8. Short Title

This by-law may be referred to as the "Region of Peel Notice By-Law".

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 30^th day of October, 2003

Schedule A to By-law 63-2003 - Notice Options

Schedule B to By-law 63-2003 - Region of Peel - Notice Provisions and Methods

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