TAMRMS#: B09
9.2
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Bylaw 08/2022 - Advertising Bylaw (1st Reading)
Presented by: Marta Caufield, Deputy City Solicitor, Legal & Legislative Services
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RECOMMENDED MOTIONS
recommendation
1. That Bylaw 08/2022 Advertising Bylaw be read a first time; and
2. That a public hearing for Bylaw 08/2022 be scheduled for a date that takes into account the requirement for a sufficient petition period in accordance with section 231 of the Municipal Government Act.
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PURPOSE OF REPORT
The purpose of this administrative report is to present a bylaw which if passed would provide for alternative methods of advertising proposed bylaws, resolutions, meetings, public hearings, and other decisions and actions that are legally required to be advertised, and to delegate to the Chief Administrative Officer the authority to set public hearing dates in accordance with the requirements of the Municipal Government Act.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
N/A
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
Program: 1.2 Public Communication and Participation
Service: Website and Online Communications
Description: Provision of information and resources to residents and community using City website and social mediall.
ALIGNMENT TO COUNCIL (OR COMMITTEE) DIRECTION OR MANDATORY STATUTORY PROVISION
N/A
BACKGROUND AND DISCUSSION
MGA
When a public hearing is required, section 230 of the Municipal Government Act ("MGA") requires the City to give notice of the public hearing in accordance with MGA section 606. Section 231 of the MGA also provides that for certain kinds of matters that are advertised (including the proposed new Advertising Bylaw) the public must also be afforded an opportunity to submit a petition in opposition to the matter.
Section 606 of the MGA outlines the advertising requirements that municipalities are required to comply with in order to properly advertise a bylaw, resolution, meeting, or public hearing ("legal advertising"). Section 606 provides that legal advertising must be:
1. published at least once a week for two 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;
2. 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; or
3. given by a method provided for in a bylaw under MGA section 606.1.
The City currently relies entirely on section 606 of the MGA for its legal advertisements.
Section 606.1 of the MGA permits a municipal council to pass a bylaw to provide for one or more methods for legal advertising of proposed bylaws, resolutions, meetings, public hearings, and other things, which may include electronic means of legal advertising. Before making such a bylaw:
- Council must be satisfied that a method set out in the bylaw 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;
- Council must hold a public hearing;
- A notice of the proposed bylaw must be published at least once a week for two consecutive weeks in at least one newspaper or other publication circulating in the area to which the proposed bylaw relates or in which the public hearing is to be held; and
- The notice of the proposed bylaw must contain information regarding the purpose of the bylaw, a place or website where the proposed bylaw may be examined, and an outline of the procedures to be followed by anyone wishing to file a petition in respect of the proposed bylaw.
New Bylaw
The Advertising Bylaw 08/2022 has been drafted in accordance with the requirements of section 606.1 of the MGA. If passed, the Advertising Bylaw would grant the CAO the authority to publish legal advertisements using any of the alternative methods provided in the bylaw, including on the official City of St. Albert website (stalbert.ca), on the City of St. Albert's official social media sites, and on local media outlets' official website or social media sites, and grant the CAO the authority to set public hearing dates in accordance with the requirements of the MGA.
Municipal Scan
Within the Edmonton metropolitan region, Edmonton, Leduc, Leduc County and Morinville have advertising bylaws which permit some or all of their legal advertisements to be posted electronically. There are also various municipalities throughout Alberta with advertising bylaws which permit electronic notification of legal advertisements, including: Wetaskiwin (City), Whitecourt, County of Grande Prairie, Stettler County, Chestermere, Edson, Rimbey, Coaldale, Cochrane, Lacombe (City) and Cold Lake (City). A review of similar bylaws in the Edmonton metropolitan region and elsewhere in Alberta shows that permitting alternative methods of legal advertising is in line with municipal best practices and is likely to bring the information to the attention of substantially all affected residents.
Benefits
The Advertising Bylaw would permit the use of any of these alternatives methods of legal advertisement to tailor the medium and message to connect with specific audiences according to the type and content of the notification. Methods will be selected based on which are most appropriate for the audience in question.
The benefits of passing the Advertising Bylaw are:
- increase the ability to use lower cost methods of advertising,
- modernize the City's communications for the digital age, and
- provide the ability to act more nimbly and quickly in response to timely matters.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
The general public was not engaged in the drafting of the bylaw because Council is required to advertise the proposed Advertising Bylaw in accordance with section 606 and hold a public hearing before passing the Advertising Bylaw. This will provide the public a chance to share their opinions on the proposed bylaw. The public also has the opportunity to file a legal petition in opposition of the proposed bylaw, within 60 days of the last date on which it is advertised.
The following internal stakeholders were canvassed for feedback regarding the Advertising Bylaw: Legal and Legislative Services, Planning, Communications, and Community Relations.
IMPLICATIONS OF RECOMMENDATION(S)
Financial:
Electronic methods of advertisement are anticipated as being lower cost than traditional notification methods (print or mail).
Legal / Risk:
The Advertising Bylaw complies with the requirements of section 606.1 of the MGA. A public hearing must be held before the Advertising Bylaw may be passed, and there must be a sufficient petition period (60 days after the last date on which the Advertising Bylaw is advertised).
Program or Service:
None at this time.
Organizational:
None at this time.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
If Council does not wish to support the recommendations, the following alternatives could be considered:
Alternative 1. Council could recommend changes to the Advertising Bylaw.
Alternative 2. Make no recommendation, effectively maintaining the status quo with respect to mandatory advertising.
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Report Date: April 19, 2022
Author: Marta Caufield, Deputy City Solicitor
Department: Legal & Legislative Services
Deputy Chief Administrative Officer (Interim): Diane McMordie
Chief Administrative Officer (Interim): Kerry Hilts