The following is a shared anonymous conversation between By-Law Ai and a Citizen of Greater Sudbury.

User: are the posting/publication of city by-laws required by the municipal act?

Yes, the Municipal Act, 2001, requires that certain by-laws be published or made available to the public. Specifically, under the Act, municipalities must give notice to the public regarding the passing of certain by-laws, which often includes posting them on the municipality’s website or in other public forums to ensure transparency and public awareness. This is part of the municipality’s obligation to maintain accountability and provide information to its residents.

User: please clarify “certain by-laws” and what exactly this means

“Certain by-laws” refers to specific types of by-laws that require public notice or availability under the Municipal Act, 2001. This generally includes by-laws related to financial matters, significant policy changes, or matters that have widespread community impact, such as zoning by-laws or those affecting public health and safety. The exact by-laws requiring publication can vary depending on their content and the statutes governing their enactment, ensuring transparency and public engagement in municipal governance. Municipalities often adopt their own procedural rules to comply with these requirements, as seen in various Greater Sudbury by-laws.

User: So the municipal act allows for bylaws to be passed without public knowledge?

The Municipal Act, 2001, provides municipalities with the authority to pass by-laws; however, it also requires transparency and public notice for certain by-laws, especially those that significantly impact the community, involve financial matters, or affect public health and safety. While not all by-laws require extensive public notification or engagement, the general principle is that municipalities should keep their residents informed about significant legislative changes. Therefore, while some by-laws might be passed without specific public consultation, significant ones often require some level of public notification or availability.

User: I’m getting more concerned now. “However, it also requires transparency and public notice for certain by-laws” suggests that a municipality can pass bylaws and not inform the citizens. I need a better explanation

I understand your concern. To clarify, the Municipal Act, 2001, does not allow municipalities to pass by-laws entirely in secret. While it is true that not every by-law requires a formal public consultation process, municipalities generally adhere to principles of transparency and accountability. For certain significant by-laws—those affecting financial decisions, land use, public health, etc.—public notice is often stipulated either by the Act itself or by additional regulations requiring public availability or consultation.

The Act does allow some flexibility in how by-laws are communicated, but it ultimately depends on the nature of the by-law and any additional municipal policies or procedures in place. Transparency is a key component of municipal governance, and citizens typically have access to by-laws once passed, through resources like municipal websites or public records. In cases where specific procedures for public notifications are not mandated, municipalities often strive to keep their practices transparent to maintain public trust and accountability.

User: wow. ok, so help me rebuttal this. I’ve asked a city clerk to provide copies of unpublished bylaws based on the call to action on this page https://www.greatersudbury.ca/city-hall/by-laws/. This was the clerk’s response. “For the unpublished bylaws, we would require a list of which ones you are requesting.” this is the logic i want to elaborate on “Hi City Clerk, respectfully how is a citizen able to ask for information on a bylaw that is not published?”

Certainly! Here is a suggested response to the City Clerk:

“Hi City Clerk,

Thank you for your response. I understand the requirement for specificity when requesting information. However, I would like to clarify my concern: as a citizen, the challenge lies in identifying which by-laws are unpublished, given that they are not accessible for review. The general assumption is that all enacted by-laws should be readily available for public scrutiny to ensure transparency and accountability, as highlighted in the Municipal Act and related governance frameworks.

Could you kindly guide me on how one might become aware of by-laws that are unpublished? Additionally, are there any indices or resources available that list by-laws enacted but not currently accessible online or otherwise? I appreciate your assistance in helping maintain an informed and engaged citizenry.”

This approach maintains respect while highlighting the difficulty of requesting unknown information and seeks additional guidance from the clerk.