Municipal Act Policies

There are several policies developed in accordance with the Municipal Act, 2001.

The City of Hamilton’s Accountability and Transparency Policy establishes the responsibility of City Council, Standing Committees and Subcommittees of Council and City staff for decisions, policies and actions or inactions.

The City’s decision making process must be open and accessible to the public and the City as per the Municipal Act, 2001. It should actively encourage and foster public access to and participation in its decision making process. The policy:

  • Provides guidance for achieving public accountability and transparency
  • Specifies policies and practices used to create an accountable and transparent municipal organization
  • Outlines future initiatives that support accountability and transparency

Read the full Accountability and Transparency Policy (PDF, 167 KB)

Hamilton’s Office of Integrity Commissioner By-law No. 08-154 outlines:

  • The procedure Council takes to appoint an Integrity Commissioner
  • The Commissioner’s expected role and duties
  • The procedure to making a complaint regarding a Member of Council

Read the full Office of Integrity Commissioner By-law No. 08-154 

Hamilton’s Delegation of the City of Hamilton’s Powers and Duties By-law No. 07-352 outlines the delegation of its powers and duties.

Read the full Delegation Policy By-law No. 07-352.

Hamilton’s Procedural By-law No. 10-053 outlines the procedures for calling, location and proceedings of meetings.

Read the full Procedural By-law 10-053.

Hamilton’s Public Notice By-law No. 07-351 outlines the circumstances where the City of Hamilton should provide notice to the public and what form, manner and times the notice should take.

Read the Public Notice Policy By-law No. 07-351.

Public notice requirements

Requirement Form, manner and times

Budget – Adopting rate or tax budget (Section 290 and 291, Municipal Act, 2001)
Public notice is required to advise of a minimum of one Committee meeting to consider the enactment of a rate or tax budget by-law. The notice must:

  • specify when and where information in regard to such a by-law may be obtained
  • specify whether any fee or charge may be included
Despite any other provision of this By-law, no separate or additional public notice shall be required for a fee or charge that forms part of a rate or tax budget by-law for which public notice has been given under this provision.
One notice published in a newspaper a minimum of 14 days prior to the Committee meeting.

Enactment of a fee or charge by-law
Public notice is required to advise of a minimum of one Committee meeting to consider the enactment of a fee or charge by-law. The notice shall specify when and where information in regard to such a by-law may be obtained.

Despite any other provision of this By-law, no separate or additional public notice shall be required for a fee or charge for which public notice has been given under this provision.
One notice published in a newspaper a minimum of 14 days prior to the Committee meeting.
Seizure of personal property – public auction (Section 351, Municipal Act, 2001)
Subject to certain conditions, the treasurer may seize personal property to recover taxes and costs of the seizure. The treasurer or the treasurer’s agent is required give the public notice of the time and place of public auction and of the name of the person whose personal property is to be sold.

One notice published in a newspaper a minimum of 14 days prior to the auction.

One notice sent by regular pre-paid mail to the sheriff, bailiff, assignee, liquidator, trustee or licensed trustee in bankruptcy a minimum of 21 days prior to the auction.

Proposal to restructure municipality (Section 173, Municipal Act, 2001)
Public notice is required to advise of holding of public meeting before Council votes on whether to support or oppose a restructuring proposal.
One notice published in a newspaper a minimum of 14 days prior to the public meeting.
Change of name of municipality (Section 187, Municipal Act, 2001)
Public notice is required to advise of a Committee meeting to consider enactment of a by-law to change municipality’s name.
One notice published in a newspaper a minimum of 14 days prior to the public meeting.
Dissolution or change to local board (Section 216, Municipal Act, 2001)
Notice to local board is required to advise of a Committee meeting to consider the enactment of a by-law to dissolve or change local board. 
One notice sent by regular prepaid mail to the local board a minimum of 14 days prior to the Committee meeting.
Changes to composition of Council (Section 217, Municipal Act, 2001)
Public notice is required to advise of a Committee meeting to consider to enactment of a by-law changing the composition of Council.
One notice published in a newspaper a minimum of 14 days prior to the Committee meeting.
Establishment of wards (Section 222, Municipal Act, 2001)
Public notice is required to advise of a Committee meeting to consider enactment of a by-law dividing or re-dividing into wards or dissolving wards. After a by-law dividing or re-dividing into wards or dissolving wards has been passed, public notice is required to advise of the passing of the by-law. The public notice shall specify the last date for filing a notice of appeal.

One notice published in a newspaper a minimum of 14 days prior to the Committee meeting.

One notice published in a newspaper within 15 days of the passing of the by-law.
Enactment of a procedure by-law (Section238, Municipal Act, 2001)
Public notice is required to advise of a Committee meeting to consider the enactment of a procedure by-law.
One notice published in a newspaper a minimum of 14 days prior to the Committee meeting.
Enactment of a business licensing by-law
Public notice is required to advise of a Committee meeting to consider the enactment of a business licensing by-law.
One notice published in a newspaper a minimum of seven days prior to the Committee meeting.
Naming or re-naming a private road (Section 48, Municipal Act, 2001)
Public notice is required to advise of intention to pass a by-law naming or renaming a private road.
One notice published in a newspaper a minimum of seven days prior to the Committee meeting to consider the by-law.
Highway closure or permanent alteration – access denied to any property
Notice to all affected property owners is required to advise of a Committee meeting to consider the enactment of a by-law to close or permanently alter a highway when such closure or permanent alteration would deny access to a property.
One notice sent by registered mail to the last known address of the property owner(s) a minimum of 14 days prior to the Committee meeting