Amended version of Bill 20 given third reading on March 24th
An 88 page amended version of Bill 20 (Municipal Government Amendment Act) was given third reading on Tuesday of this week. The amendments were not applicable to the section (on legal advertising requirements) that AWNA has been discussing with the PC Government. We are still attempting to organize a meeting with Minister Diana McQueen.
Three methods of notification are now acceptable under the Act – newspaper advertising, direct mail and municipal website.
The Municipal Government Amendment Act also gives municipalities the ability to pass an advertising bylaw, which could stipulate using the municipal government website to advertise public notices, provided that: council must be satisfied that the method the bylaw would provide for is likely to bring proposed bylaws, resolutions, meetings, public hearings and other things advertised by that method to the attention of substantially all residents in the area to which the bylaw, resolution or other thing relates or in which the meeting or hearing is to be held.”
In order to pass such an advertising bylaw, the municipality must hold a public hearing and advertise that hearing through the three methods of notification stated above – newspaper advertising, direct mail and municipal website.
It would appear that the real battles on this are going to be fought at the municipal level, since municipalities will still need to advertise legal notices in community newspapers unless they pass a bylaw giving them the ability to skirt this requirement.
To help prepare members for this possible battle, the AWNA is preparing some house ads that will help you to hold municipal politicians feet to the fire on this issue. (In the meantime we have revised a series of ads that were developed earlier – you’ll find them in the File Library. These public information notices are offered on a voluntary basis)
In addition, we would like you to publish Dave Bruha’s editorial –which takes the provincial government to task – that was sent to publishers earlier this week.
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The pertinent sections of the act appear below:
(2) Notice of the bylaw, resolution, meeting, public hearing or other thing must be:
(a) published at least once a week for 2 consecutive weeks in at least one newspaper or other publication circulating in the area to which the proposed bylaw, resolution or other thing relates, or in which the meeting or hearing is to be held, or
(b) mailed or delivered to every residence in the area to which the proposed bylaw, resolution or other thing relates, or in which the meeting or hearing is to be held.
NEW(c) published on the municipality’s website, or
NEW(d) given by a method provided for in a bylaw under section 606.1.
(3) A notice of a proposed bylaw must be advertised under subsection (2) before second reading.
57 Advertisement bylaw:
606.1
(1) A council may by bylaw provide for one or more methods, which may include electronic means, for advertising proposed
bylaws, resolutions, meetings, public hearings and other things referred to in section 606.
(2) Before making a bylaw under subsection (1), council must be satisfied that the method the bylaw would provide for is likely
to bring proposed bylaws, resolutions, meetings, public hearings and other things advertised by that method to the attention of
substantially all residents in the area to which the bylaw, resolution or other thing relates or in which the meeting or hearing is to
be held.
(3) Council must conduct a public hearing before making a bylaw under subsection (1).
(4) A notice of a bylaw proposed to be made under subsection (1) must be advertised in a manner described in section
606(2)(a), (b) or (c) or by a method provided for in a bylaw made under this section.
(5) A notice of a bylaw proposed to be made under subsection (1) must contain
(a) a statement of the general purpose of the proposed bylaw,
(b) the address or website where a copy of the proposed bylaw may be examined, or
(c) an outline of the procedure to be followed by anyone wishing to file a petition in respect of the proposed bylaw.
(6) A bylaw passed under this section must be advertised.