A community-oriented approach with a progressive editorial stance, striving for transparency and encouraging readers to consider multiple perspectives.

Saturday, May 24, 2025
booked.netCall us at 613-935-3763
Eco-conscious : Print an issue, plant a tree! 

No products in the cart.

  • About
    • Contributors
    • Disclaimers
    • Terms & Conditions
    • Giving back
    • Mission Statement
    • Past Issues
    • Where to Find
    • Call us at 613-935-3763
The Seeker - Positively Local, Suporting Local
  • Home
  • News
  • The Soapbox
  • Columnists
  • Events
  • Advertise!
    • Online
    • In Print
  • Puzzles
  • Videos
Seeker
No Result
View All Result

LTE Questioning Municipal By-laws

The Seeker by The Seeker
March 28, 2023
in The Soapbox
Reading Time: 4 mins read
0
a man and a woman sitting at table while working

Photo by olia danilevich on Pexels.com

Dear Editor

Over the past few months, since the Municipal Election, I have been asked by both Council members and residents to go over Municipal By-laws from various municipalities, for any issues that may be present in those documents.  This has been done in a purely research capacity and this is for their information only, as I am not a lawyer and do not give legal advice.

You might also like

LTE: Garbage Disaster. If this is success, I wouldn’t want to see failure!

LTE: Strong Mayor Powers – an Absurdity in and of the Municipal Act

LTE: Hudson Bay Company announced that they were going to auction off the Royal Charter of 1670

In most instances I have been appalled with these documents.  What has been found is that a number of these By-laws are merely “copy and paste” from other municipalities; some use sections of the Municipal Act that had been repealed over a decade before the By-law was even presented – let alone passed; that sections of the Municipal Act and other pieces of legislation were used that don’t pertain and/or the interpretation is not what was meant by the legislation/regulation, etc., etc., etc.

An example, and one merely has to go to the “Corporation of the City of Cornwall Regular Meeting of Council By-law 2020-119,” opening paragraph:
 
“Whereas the Municipal Act, S.O . 2001, c. 25, Part lll, Section 130 authorizes the municipality to regulate matters not specifically provided for by this Act or any other Act for the purposes related to the health, safety and well-being of inhabitants of the municipality;”
 
Section 130 of the Municipal Act, was repealed in 2006, therefore there is no authority granted to the Municipality to “regulate matters not specifically provided for by this Act or any other Act for purposes related to the health, safety and well being of the inhabitants of the Municipality” established under section 130 of the Municipal Act.
 
That said, the present section 130, as of 2020, states:
 
“Noise re delivery of goods
130 (1) Despite sections 9, 10, 11 and 129, a municipality does not have the power to prohibit and regulate with respect to noise made in the municipality in connection with the delivery of goods to any of the following, except as otherwise authorized by regulation:
1.  Retail business establishments.
2.  Restaurants, including cafes and bars.
3.  Hotels and motels.
4.  Goods distribution facilities. 2020, c. 29, Sched. 3, s. 1.
Regulations
(2) The Minister may make regulations,
(a)  authorizing municipalities to prohibit and regulate with respect to noise made in the municipality in connection with the delivery of goods to any of the places described in subsection (1);
(b)  governing the powers of a municipality under clause (a), including authorizing municipalities to exercise those powers in specified parts of the municipality;
(c)  defining any word or expression referred to in paragraph 1, 2, 3 or 4 of subsection (1). 2020, c. 29, Sched. 3, s. 1.”[1]
 
It seems this By-law, as it is based on a section of the Municipal Act which had been repealed in 2006 and then updated in 2020 has made this By-law an absurdity.[2] 
 
The statement of “copy and paste” is substantiated as this is the same statement in a number of these By-laws throughout Ontario. 

Council and Staff have a “duty of care” to ensure they remain inside provincial legislation/regulation, as Municipalities is a creatures of province.  When Council is sworn-in, the elected members pledge an oath to the Queen/King and to uphold the law.  As one reads these various By-laws they find the contradictions, ambiguities, and the various expansions of jurisdiction beyond what is allowed under the Municipal Act, as well as various other pieces of legislation.  This brings one to Court rulings with the statements of (Butterman v. Richmond):

“Municipalities … owe a duty of good faith decision-making to the public as a whole and a duty to take reasonable care in the implementation of a regulatory scheme … The precise nature and extent of that duty is determined on a case by case basis, taking into account the nature and purpose of the authorizing legislation, the nature and purpose of the subordinate legislation, and the relationship between the municipality and the person asserting its obligation of care…”

This is not necessarily the failings of Council, as Council members are told to listen to staff, as staff is supposed to know.  It would seem some staff do not know.  It could be an issue that there is so many pieces of legislation and regulation, and/or so many amendments to By-laws, that are causing these issues, as well. 

It would seem the some, if not all, of these amendments, etc., are merely an avenue of “job security” for staff, to make it look like they are needed, and/or a revenue source to subsidize the municipal corporations, including staff growth.  Or could it be that society has devolved so much that municipalities are trying to ensure their By-laws are idiot proof?  It would seem they haven’t realized they can’t legislate for the inept. 

Suffice it to say everyone should be expressing gratitude to those elected officials and those everyday residents who are questioning their local By-laws.  The law is there for a reason – too much, as it is now, fails the people, particularly when they are so poorly written or written for unsubstantiated reasons.

Elizabeth F. Marshall,
President – All Rights Research Ltd.,
Director of Research – Ontario Landowners Association
Past Chair – Canadian Justice Review Board
Legislative/Legal Researcher – Lawyers, MPs, MPPs, Municipal Officials

Tags: Letter to the Editor
The Seeker

The Seeker

Next Post
Duncan Reappointed to Conservative Leadership Team

Duncan reacts to federal budget: "Our expectations were completely ignored"

Categories

  • Business & Finances (15)
  • Columns (615)
    • Archived (113)
      • Filter-Free Zone (9)
      • For What it's Worth (36)
      • Fostering Change (2)
      • Memo from the Mayor (2)
      • Men Writes (25)
      • Mortgage Tips (1)
      • Seeker Snippets (22)
      • Take Note (6)
      • Which Witch is Witch? (10)
    • Current (380)
      • Appreciating Contemporary Art (2)
      • Discover SD&G (34)
      • Fashionably Marlene (12)
      • From Sharyn's Pantry (7)
      • Gardening – Ask Anna (26)
      • Grant Spills the Gravy (10)
      • Jay's Tech & Cyber Insights (3)
      • Keeping it Reel (27)
      • Local Spins from Bud's Records (9)
      • Louise Mignault (58)
      • Mental Health Matters (10)
      • Out and About (51)
      • Outdoor Club (23)
      • Reality Bytes (8)
      • roadSIGNS (30)
      • Smart Move with Sondra (3)
      • The Resilient Life (5)
      • Transition Cornwall+ (15)
      • What I'm Reading (2)
      • Wondrous Life (32)
      • Yafa Arts & Craft (20)
    • Friends of the Cline House (1)
  • Douris Deliberations (5)
  • Health & Fitness (10)
  • Home & Garden (11)
  • Interviews (156)
    • 5 questions with… (106)
    • Business Profiles (1)
    • Locals in the Loupe (47)
  • Leisure & Lifestyle (736)
  • News (2,544)
    • Ontario (1)
  • Politics (24)
    • Federal Elections (10)
    • Provincial Elections (10)
  • Science & Technology (46)
  • Sports (2)
  • The Adventures of D.B Cooper (1)
  • The Soapbox (256)
    • Agree to Disagree (114)
  • This May Also Interest You (1,541)
  • Travel (52)
  • You May Also Like (965)
Facebook Twitter Instagram Youtube TikTok
Don't miss anything!

Get notified of all our new news by ringing the bell at the bottom left corner!

Content Safety

HERO

theseeker.ca

Trustworthy

Approved by Sur.ly

2024
Disclaimers
Stock Photos partially provided by our partner Depositphotos
The Seeker Newspaper is located at 327 Second Street E., Cornwall, ON K6H 1Y8 -- All rights reserved
The Seeker does not accept responsibility for errors, misprints or inaccuracies published within.Please note that the views and opinions expressed in news article are solely those of the authors and do not necessarily reflect the official policy or position of The Seeker. The content provided is for informational purposes only and has been written from the authors’ perspective, aiming to engage and inform readers. The Seeker is committed to presenting a wide range of viewpoints and encourages readers to conduct their own research and exercise critical thinking when considering these opinions in the context of their own perspectives.
ISSN 2562-1750 (Print)

ISSN 2562-1769 (Online)
No Result
View All Result
  • Home
  • News
  • The Soapbox
  • Columnists
  • Events
  • Advertise!
    • Online
    • In Print
  • Puzzles
  • Videos

© 2023 Reducing our footprint!   For every issue we print, we plant a tree!

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.