1. Part I
Answer any two (2) of the questions and write a short 1000-1200 word essay on each. Each question is worth an equal amount.
1. The City of Progress has recently experienced a growth in tourism, and an increasing number of residents are interested in opening bed and breakfast accommodations. Typically, this involves renovations and/or additions to existing residences. Other residents are concerned about increased traffic and parking demands that bed and breakfasts could place on quiet residential streets. You are a Senior Planner, and Council has asked for your advice on whether Council could determine whether to permit bed and breakfast developments on a case by case basis. Describe two methods through which council could achieve this objective. Outline the key features of each method.
2. Describe how FOIPOP legislation addresses the apparent conflict that exists between its dual objectives of access to information and protection of privacy. What role does the oversight officer play in addressing this conflict? Provide examples.
3. A developer wishes to build a large format retail store complex (several “big box” stores) on a parcel of land in Boomtown, and is requesting that the land be rezoned to accommodate this development. The land is adjacent to a controlled access freeway.
4. Absent express statutory authority, can the municipality require the developer to pay $1 million toward the cost of providing access lanes to the site from the freeway? Explain.
5. If a developer offers to make a “donation” of $1 million dollars to the municipality in the expectation that this will alleviate the municipality’s concerns about the cost of providing access to the site, and make approval of the rezoning more likely, can the municipality accept this “donation”?
6. Will the developer have a right to a refund of the “donation” described in (b) if the municipality accepts the money but does not approve the rezoning?
4. Over the last thirty years, most provinces and territories have reformed their municipal legislation to provide for more local autonomy. Discuss what you believe are the most important features of these reforms that are common to most of the new municipal statutes, and explain how these reforms enhance municipal authority.
Part 2
All students must answer this question. Please write a short 1000-1200 word essay.
In 2018 a new provincial government was elected in Ontario. The new government passed the “Better Local Government Act, 2018”, known as Bill 5, which received Royal Assent on August 14, 2018. Bill 5 reduced the number of wards in the city of Toronto from 47 to 25 and was to take effect in the October 2018 election.
Nomination papers for over 500 candidates for the original 47 wards had been filed. The City of Toronto challenged the legislation in the Ontario Superior Course of Justice (equivalent to the Court of Queen’s Bench in many provinces). The trial decision can be found at City of Toronto et al v. Ontario (Attorney General) 2018 ONSC 5151 (CanLII). Justice Belobaba found that Bill 5 substantially interfered with both candidates and voters rights to freedom of expression. As a result of the timing of the legislation the Province also infringed on the candidates freedom of expression. As the approximate doubling of the population in each Toronto ward the Province breached voters rights to cast votes that could impact effective freedom of expression. Justice Belobaba also found that such infringements of Charter rights could not be justified as a reasonable limit under section 1. In effect the decision returned the number of wards to 47 for the 2018 election.
The Province of Ontario responded with two actions; an appeal to the Ontario Court of Appeal, and the introduction of Bill 31 to invoke the Charter s. 33 Notwithstanding Clause and override the Charter and reduce the Toronto wards to 25. The consideration of Bill 31 generated nationwide controversy. The Court of Appeal moved quickly and settled the matter in its decision “Toronto (City) v. Ontario and found the timing of Bill 5, in the middle of an election, to be frustrating but determined the question before the application judge was not whether the application was unfair but instead whether it was unconstitutional. The Court concluded there was a strong likelihood that the application judge erred in law and as a result stayed the Superior Course decision. Toronto proceeded with 25 wards for the election. The Court of Appeal decision can be found at Toronto (City) v. Ontario (Attorney General), 2018 ONCA 761 (CanLII), http://canlii.ca/t/hv54t.
a) Support either the position of the City of Toronto or the Province of Ontario with reasons.
2. b) Consider the Alberta Municipal Government Act. Could the Province of Alberta change the number of wards or divisions in your municipality without consultation? Give reasons for your position.
3. c) What would be the impact of the Charter s. 33 Notwithstanding Clause being invoked in either Ontario or Alberta?
