Thursday, December 15, 2011

Community Charter relevant to meeting time change

Procedure bylaws

124 (1) A council must, by bylaw, establish the general procedures to be followed by council and council committees in conducting their business.

(2) Without limiting the matters that may be dealt with under this section, a council must, by bylaw, do the following:

(a) establish rules of procedure for council meetings, including the manner by which resolutions may be passed and the manner by which bylaws may be adopted in accordance with Division 3 [Bylaw Procedures] of this Part;

(b) establish rules of procedure for meetings of council committees;

(c) provide for the taking of minutes of council meetings and council committee meetings, including requiring certification of those minutes;

(d) provide for advance public notice respecting the time, place and date of council committee meetings and establish the procedures for giving that notice;

(e) identify places that are to be public notice posting places for the purposes of section 94 [public notice];

(f) establish the procedure for designating a person under section 130 [designation of member to act in place of the mayor];

(g) establish the first regular council meeting date referred to in section 125 (1) [council meetings] as a day in the first 10 days of December following a general local election.

(3) A bylaw under this section must not be amended, or repealed and substituted, unless the council first gives notice in accordance with section 94 [public notice] describing the proposed changes in general terms.

Requirements for public notice

94 (1) If this section applies, the applicable notice must be

(a) posted in the public notice posting places, and

(b) published in accordance with this section.

(2) Subject to subsection (4), publication under subsection (1) (b)

(a) must be in a newspaper that is distributed at least weekly

(i) in the area affected by the subject matter of the notice, and

(ii) if the area affected is not in the municipality, also in the municipality, and

(b) unless otherwise provided, must be once each week for 2 consecutive weeks.

(3) The obligation under subsection (2) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.

(4) If publication under subsection (2) is not practicable, the notice may be given in the areas by alternative means as long as the notice

(a) is given within the same time period as required for publication,

(b) is given with the same frequency as required for publication, and

(c) provides notice that the council considers is reasonably equivalent to that which would be provided by newspaper publication if it were practicable.

(5) As an exception, subsection (4) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.

(6) If the same matter is subject to 2 or more requirements for publication in accordance with this section, the notices may be combined so long as the requirements of all applicable provisions are met.

(7) A council may provide any additional notice respecting a matter that it considers appropriate, including by the Internet or other electronic means.

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