I say it all the time. It's never a good idea to think the Municipal Act or any other law can be understood by a simple reading.
An application to quash a bylaw is a road untraveled .
When The Town's Reeve made application to the O.M.B. in 1967,I know only what I was told. No details.
When I read the answer that came up on the Google search that Application to Quash a Bylaw could be made under Section 273(1) on the Municipal Act, I made an assumption.
I thought because it was in the Municipal Act, it meant an application to the Ontario Municipal Board.
I jumped the gun.
Clause 273 (1) of the Municipal Act states an application can be made by any person to a Superior Court of Justice to quash a municipal bylaw.
Sounds straightforward. Any person can mean me.
On the other hand, as a Councillor, my responsibility is to save the town harmless.
In matters of litigation, Councillors are advised to zip their lips.
Municipal litigation usually has to deal with land acquisition, sales, development .or construction issues.
Not talking is not a hardship.
Need for confidentiality is obvious.
But there is no-one, including most members of the current council, as familiar with the various twists and turns that brought the town to an unnecessary contract with a self-appointed autonomous board of strangers to govern a small facility with public funds for a period of twenty-three years.
It is a Councillor's responsibility to save the town harmless.
Nothing in my experience leads me to believe this contract is in the town's interest.
Nothing in the arguments of other Councillors, particularly the Mayor, causes me to doubt my own judgment.
The argument the purchase is the same as for snow-plowing or garbage collection is without substance, logic or credibility.
But above all else, the process that brought us to the point of signing this contract was neither open nor transparent.
It cannot be said to have been in good faith.
I still have work to do.
I understand, there is no cost for a person to make application to a Superior Court of Justice to quash a municipal bylaw.
I need to confirm that.
I understand the process is simply a matter of following steps.
I need to confirm that.
I believe it can be done in the Newmarket Court House.
I need to confirm that.
We are on a journey of discovery.
I am in unfamiliar territory.
I welcome input.
Comments however may have to be confidential.
Monday, 21 January 2013
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2 comments:
Aren't there hundreds and perhaps more examples of this at all three levels of government, some provincial owned parks are operated non government agencies, the fed are looking for private operations of the experimental lakes, cultural operations in Toronto run by boards , what about LHN's , The Rouge Park has been run by a board for the last 15 years and the list is exhaustive -- it's a common model , the gov't owns and funds the facility, land or whatever and has contract with a un paid board of directors to provide governance of the operations. The old model of the government owning and operating everything is decades old and not as efficient . Maybe the town should run the music festival, the rib fest, the street sale the santa clause parade and the 150 anniversary -- you would probably only have to hire another 20 or so more staff
Hey, Lady, I don't know where you are going. But would you mind if I hitched a ride? We seem to be heading in the same direction.
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