OPERATIONAL PROCEDURE

Transcription

1 OPERATIONAL PROCEDURE Procedure Title: Applies to: Reference # Bylaw Processing Pre/Post City Council Council Officer responsible for bylaw processing OCC-PR0009 Approved by: Dates: Total # of Pages Effective: Deputy City Clerk Last Review: 7 Next Review: Responsibility: 1.0 Purpose The Council Officer responsible for processing bylaws makes sure that the bylaws are processed before and after City Council, ensuring that the information from Legal is grammatically correct and accurate, that the interested parties are given proper notice that a bylaw is going to City Council and that the process in which the bylaws are consolidated, and repealed is done in an efficient and timely manner. 2.0 Scope Procedure applies to City Clerk, Deputy City Clerk, Council Officers and Administrative Assistants within the. 3.0 Procedure 3.1 Prior To Council All templates required for bylaw processing for both prior and post council follow-up (contact letters, minister letters and solicitor memos) can be found Microsoft Word\New\ Shared\Bylaws Receive the Transmittal for Public Notice from Legal. This will include the information as to when it will go to Council, the proposed bylaw number, the Notice of Intention, the reason for the amendment, as well as contacts (if applicable). Make copies of everything and add to the bylaw folders. Create both a physical and an electronic bylaw folder. G:\Taxonomy\ITM\T\8000s Admin\8070 Bylaws\Backup\Current Year\Month and Day of Council (0129) (Save all documentation you receive for the bylaw in these folders.) If there are contacts, letters need to be prepared and distributed informing them of a new bylaw or proposed amendments to an existing bylaw and date of City Council meeting that it will be considered. Along with the letter you need to include the Notice of Intention, the reason for the

2 Page 2 of 10 amendment and any maps provided by Legal. The letters can be ed or mailed out depending on the type of contact information provided. Receive electronic bylaw from Legal. Save an electronic copy to G:\Taxonomy\ITM\T\8000sAdmin\8070Bylaws\Backup Receive hardcopy of bylaw from Legal.(Check the bylaw for typos, if typos are found contact Legal ASAP to have corrected before City Council) Print the appropriate checklist for each bylaw (Zoning, Street Closures, etc.) and place in the physical file. The checklists can be found I:\Taxonomy\General Admin\Forms & Templates\Bylaws\Bylaw Checklists. Provide Council Officer responsible for City Council with original bylaws prior to the Council meeting. 3.2 Post Council Hardcopy The day after the City Council meeting the Council Officer responsible for City Council will provide the bylaws signed by both the Mayor and the City Clerk. Prepare memo to Solicitor as well as three certified copies of the bylaw (four if it is a Zoning Bylaw). A yellow copy of the memo is kept in the file and a copy is kept electronically, use the naming convention SolicitorMemo. (A certified copy is a copy (usually a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document. Certified copies must be signed by the City Clerk or Acting City Clerk and sealed with the corporate seal.) Prepare follow-up contact letters (MicrosoftWord\New\Shared\Bylaws\Contact Letterhead. Provide each contact a sealed copy of the bylaw. Keep a yellow copy of the letter in the physical file and a copy in electronic file, save as ContactLtr. Once all appropriate copies are made, seal the original copy of the bylaw with the City of Regina seal stamp. Each original bylaw must be kept in a Permalife, acid free folder within the physical folder of the bylaw. This protects the bylaw for up to one hundred years. The documents in the folder must be kept in the following order: Abstract Original bylaw, sealed Agreement, sealed

3 Page 3 of 10 Background information, including letters, memos, bylaw transmittal form, advertising request, original notice of intention and any background information Bylaw Checklist Statutory Declaration & photocopy of the advertisement (if applicable) Once completed the physical file is ready for filing. Give to Record Services Clerk Electronic Copy Add disclaimer page (G:\Taxonomy\ITM\T\8000s Admin\8070 Bylaws\ Backup\DisclaimerPage) and remove the Bylaw Transmittal. Clean up the electronic copy of the new bylaw by adding the names of the Mayor and City Clerk. Create a PDF of the bylaw. Completed bylaws that are in force are saved in the G:\Clerks\BYLAWS and added to the DIRLIST. If the bylaw requires a consolidation the following process applies: Create a title page if one hasn't already been created. The title page should include that it is an Office Consolidation, the title of the bylaw, the bylaw number, and disclaimer.(i:\taxonomy\generaladmin\forms&templates\bylaws\consolidat iontitle Page) Update the 2nd page with amendment updates the bylaw number and date of amendment. Consolidate the amending bylaw into the original bylaw by inserting/replacing the information from the amending bylaw into the original bylaw. Under each amended section, enter the bylaw number and the section of the bylaw that amends the original bylaw using the format in the following example: (# , s. 1, 2005) the bylaw number, the section and the year. Print copies of the pages of the original bylaw that were amended so that they can be proofread by the Administrative Assistant for the. Once proofreading is complete the original bylaw in the consolidated version can be updated in G:\Clerks\BYLAWS. The old version of the original bylaw and the amending bylaw should be moved to G:\Clerks\INACTIVE BYLAWS Proofreading Bylaws that require Consolidations/Repeals When an amending bylaw is passed by Council, it requires changes to be made to the original/parent bylaw. The Council Officer responsible for bylaws, consolidates the bylaw and provides the person responsible for proofreading, with the bylaw folder and the pages of the bylaw that have had changes made.

4 Page 4 of 10 Open the amending bylaw and the original bylaw, both can be found in the G:\Clerks\BYLAWS The consolidated version is named with a C in the filename ( C, if there is more than one version in a year it may be listed as C-2) Check the date on the OFFICE CONSOLIDATION page, it should be the date the amendments were passed by Council. The amendments page that lists all of the amendments should also show the amending bylaw number and date it was passed. The amending bylaw will state the amendments to be made to the original bylaw. The provided pages will contain the amendments that have been completed. These will need to be verified that the amendments are correct. At the end of the amended section there will be a tag line that states the bylaw number, section and the year. (# , s. 5, 2015) Check for spelling errors, spacing issues, and incorrect formatting. Any changes that need to be made can be corrected on the sheets provided, flag each page that requires corrections and return them to Council Officer responsible for bylaws once complete. The bylaw checklist needs to be initialed stating the proofreading is complete Repealed Bylaws A repealed bylaw is a bylaw that has been revoked or replaced by another bylaw. Some repealing bylaws come into force the day of passage, and others do not come into force until a future date listed in the bylaw. If the bylaw is in force and totally repeals another one: - Follow the above procedures for processing a bylaw. - Move repealed bylaw from G:\clerks\bylaws into G:\clerks\inactive bylaws. - Remove repealed bylaw from DIRLIST and the Public DIRLIST. If bylaw is not in force and completely repeals another one: - Create a target page for the repealed bylaw.(i:\taxonomy\general Admin\Forms & Templates\Bylaws and select the correct target page) - When bylaw comes into force, remove the target page on the repealed bylaw. - Move repealed bylaw from G:\clerks\bylaws into G:\clerks\inactive bylaws. - Remove repealed bylaw from DIRLIST and the Public DIRLIST.

5 Page 5 of Bylaw Index Each bylaw needs to be entered into the Bylaw Index. The Council Officer responsible for bylaws will have the Bylaw Index on their desktop, otherwise it can be found by going to the start menu, All Programs, City Applications, Bylaw Index and Bylaw Index Database. Below are the instructions for the different scenarios. a) If the Bylaw is in force: - In the Effective Date field enter date as stated in the bylaw. b) If the Bylaw is not in force: - In the Effective Date Notes field enter information on when the bylaw will be coming into force stated in the bylaw. - When the bylaw comes into force, enter the date into the Effective Date field c) Expiry Date - Each bylaw requires an expiry date (see Appendix B) d) Amending - If the bylaw amends another one, go to the Bylaws Amended by Current Bylaw field enter and enter the bylaw number is being amended. e) Repealing - If the bylaw repeals another one, go to the Bylaws Amended by Current Bylaw field and enter the bylaw number that is being repealed City of Regina Website If there is an amendment to a bylaw that is listed as a Browse Most Requested Bylaw on the website, send an to Communications requesting the changes to be made and provide the file path to the PDF of the bylaw. (As of December 31, 2015 the Communications contacts are Kelsey Koshinsky; and Melissa Butler.) Appointment of Pest and Weed Control Officers Annually, City Council appoints Pest Control Officers and/or Weed Inspectors. When the bylaw is passed the Council Officer responsible for bylaw processing must prepare a letter to the Executive Director of Crops & Irrigation Branch, stating who the officers are. This needs to be completed within 10 days of their appointment. This letter is faxed to A copy of the bylaw is not required.

6 Page 6 of Subdivision of Land Amendment Bylaws When Subdivision of Land Amendment Bylaw goes to City Council check the transmittal to see if ministerial approval is required (not all subdivision bylaws require ministerial approval). If ministerial is required no Statutory of Declaration is needed from Legal. Prepare a letter to the Minister and provide two certified copies of the bylaw. Once approved the Minister will send back to the City Clerk and original bylaw will need to be updated using the typewriter to insert the date that the Minister approved the bylaw in the assigned location on the bylaw. Also, a Ministerial Approval Received memo (Microsoft Word\New\Shared\Bylaws\Solicitor Ministerial Approval Memo) needs to be prepared for the Solicitor, as well as three certified copies of the bylaw.

7 3.3 Zoning Bylaw Ministerial Approval Required Public Notice is required. The City Clerk will provide notification of any representations to Council. Normally there are contacts. There are times when Zoning bylaws are related to OCP bylaws. If this is the case, the Zoning bylaw does not come into force until the OCP bylaw has been approved by the Minister. (Legal will indicate this relationship on the Bylaw Transmittal Form and also provide special instruction if any.) If it is a Zoning Bylaw be sure to check the Bylaw Transmittal Form (provided with Bylaw from Legal) for additional instructions. All Zoning bylaws that are passed by Council will require a letter to the Minister within 15 days of passage. Some Zoning bylaws may require Ministerial Approval, which means that the Minister must approve the changes prior to them being implemented by the City of Regina. If this is required a Statutory of Declaration Package memo to Legal must be prepared and the following information provided: Check with the Council Officer responsible for City Council to see if there were any delegations in relation to the bylaw, if so their names and whether or not they were in favor of the bylaw are required. Copies of written submissions are also required. Two certified copies of the bylaw. The City Clerk or Acting City Clerk must sign the certified copies in a different color than the original. A copy of the City Council report that relates to the bylaw. A copy of the decision of Council (these will not be approved yet so they will need to be certified by the City Clerk) and only the page that provides the decision of the bylaw needs to be included. If there are any contacts for the bylaw, letters will need to be prepared advising that the bylaw has been passed by Council but is awaiting Minster approval. Once approval is received contact letters will need to be sent out with a copy of the approved bylaw. Provide this to Legal and they will provide the requested information which can be sent to the Ministers office for approval. (Approval can take a few weeks to a few months) Once Ministerial approval is received the bylaw can be processed. Using the typewriter insert the date that the Minister approved the bylaw in the assigned location. A Ministerial Approval Received memo (Microsoft Word\New\Shared\Bylaws\Solicitor Ministerial Approval Memo) needs to be prepared for the Solicitor, as well as four certified copies of the bylaw. Zoning Bylaws do not get consolidated or uploaded to the website by the Office of the City Clerk. (The Planning department is responsible for this.)

8 Page 8 of Official Community Plan (OCP) Amendments Ministerial Approval Required Prior to Council Public Notice is required. Legal will provide copy of ad request, ad transmittal (includes reason for amendment and contacts), and any maps that maybe associated. All of these need to be printed saved in the physical file and electronically. Send out contact letters advising of the Official Community Plan Bylaw amendment and the Council date it will be heard at. Post Council Prepare Solicitor Ministerial Approval Memo to request a Statutory Declaration package from Legal. The following needs to be included with the memo: Two coloured copies of the bylaw Copy of the council report related to the amending bylaw Copy of the council decisions (only the pages that apply need to be included) Council Officer responsible for Council will need to provide the names of any delegations and whether or not they were in favor of the amendment. Copies of all communications submitted to Council will also need to be included. **All of the items listed above need to be certified copies. Legal will provide a memo and a Statutory Declaration package. The memo is part of the bylaw record and needs to be filed in the physical folder. The package goes to the Minister. Prepare letter to the Minister requesting approval this will accompany the Statutory Declaration package. The Administrative Assistant will update the OCP Amendments tracking sheet (G:\Taxonomy\Bylaws) with the following information: Item Description Responsibility Bylaw # Bylaw number Administrative Assistant, Bylaw Name Title of Bylaw Administrative Assistant, Status Status of Bylaw: Administrative Assistant, Passed Not Proceeded with (Not Passed) Date of Passage Date the Bylaw is passed at City Council Administrative Assistant, Consolidation Required Indicate if the bylaw is required to be Administrative Assistant, consolidated with another bylaw

9 Item Description Responsibility Consolidation Complete Indicate the consolidation of the required Administrative Assistant, bylaw has been completed Agreement Indicate if an agreement/contract is attached to Administrative Assistant, this bylaw Comes into Force Enter the date the bylaw comes into effect, if Administrative Assistant, different from the date of passage Ministerial Approval Required Indicate if Ministerial approval is required for the bylaw Administrative Assistant, Ministerial Received Indicate the date on the Ministerial Approval Administrative Assistant, letter address to the City Clerk Repeals Indicates whether the bylaw repeals another Administrative Assistant, bylaw Affected Sections Indicate section(s) of the OCP Bylaw # Planning and Office of the 48 that are affected by the bylaw City Clerk Description Provide a brief description of the amendment Planning and Office of the for the OCP Bylaw # City Clerk Comments To track miscellaneous items related to a Planning and Office of the bylaw for ex: Responding to Ministerial City Clerk Approval letter Page 9 of 10 The Administrative Assistant, will provide the following departments with a copy of the Ministerial approval letter received from Ministry Government Relations: Legal Counsel, Legal Department Manager, Business Support, Planning Department The Administrative Assistant, Once approved, the Minister will send a letter of approval and copy of the bylaw certified as approved by the Minister and the date it was approved. Update the electronic copy of the amending bylaw with the date of approval and the Minister s name. Add the disclaimer page. Do the same to the physical copy, however this has to be done with a typewriter. Prepare Solicitor Memo include three certified copies of the bylaw. Save the electronic copy in the G: drive 4.0 Roles & Responsibilities The Council Officer responsible for bylaw processing, also has responsibility for the processing of all bylaws before and after each City Council meeting.

10 Page 10 of 10 The keeps the official record of each bylaw, as well as any backup material associated with the bylaws. If a copy of a bylaw is required, the can provide it either electronically or hard copy. It is the responsibility of the initiating department for each bylaw to provide an interpretation of the bylaw in question. The does not provide any interpretations unless otherwise stated in the abstract of the bylaw in question. 5.0 Related Forms Templates: (All templates can be found in Microsoft Word\New\Shared\Bylaws) Contact Letterhead Solicitor Bylaw Memo Solicitor Ministerial Approval Memo Minister Letterhead 6.0 Appendices Appendix A - Bylaw AutoText Reference Sheet Appendix B - Expiry Dates For Bylaw Index Entries 7.0 Reference Material N/A 8.0 Revision History Date Description of Revision Authorized By (Re)- Approval Required (y/n) dd-mmm-yyyy Initial Release. Committee Yes dd-mmm-yyyy Amendments where did amendment originate and a brief description of the amendment.