Articles 2023

As we draw a close on the 2022-2023 term, I write to give you a highlight reel of the work done by your elected Executive over this past year.

This article provides an overview of the Ontario Planning Act regime respecting privately owned public spaces ("POPS") and how they will be changed upon proclamation of the parkland sections of Bill 23. Although the full scope of the impact of these changes depends on forthcoming regulations, the author anticipates that they will take POPS from being a public realm issue and density bonusing tool to a legislatively-recognized substitute for publicly-owned parkland in Ontario municipalities.

A summary of Ontario site alteration by-laws, including their breadth and their limitations. The discussion of the limits considers, in particular, the coming into force of Ontario's On-site and Excess Soil Management Regulation (O Reg 406/19).

The article examines cannabis regulation in Ontario from a federal, provincial and municipal perspective. The authors offer an interpretation of cases on point and limitations on municipal cannabis regulation powers (such as cultivation, production, and retail). This article may be of interest to legal representatives of municipalities and cannabis operators.

The Ontario Ombudsman’s jurisdiction has included municipalities since 2016. In the intervening years, municipalities have been adjusting to the expanded oversight role of the Ombudsman. This article summarizes key issues for municipalities to consider regarding the Ombudsman, including its jurisdiction and the consideration of guidelines for staff.

In the appealed decision of Thales DIS Canada Inc v Ontario, the Ontario Superior Court of Justice held that provincial procurement processes must conform to Canada’s obligations pursuant to international free trade agreements, such as CETA, in order to be considered reasonable. The factors contributing to reasonable procurement decisions are relevant to municipalities, who may wish to watch for the Court of Appeal’s findings on that question and any finding on bid dispute mechanisms.

When is an application made? In this Burlington case, the OLT held that it was not "made" until all materials required by the City were filed. Before then, the application was "neither complete, made, nor received." The Tribunal considered Planning Act s. 22.1, which references receipt of materials required by ss. 22(4) and (5). This decision may be of assistance in calculating the new application fee refund periods (ss. 34(11) and s. 41(12)).

An update on the law of “de facto” expropriation following the Supreme Court of Canada’s released decision in the Annapolis and Halifax matter.

A comparison of the "strong mayor" system to the "weak mayor" system, providing an overview of the changes introduced by the Strong Mayors, Building Homes Act, 2022. Topics discussed include how the system will apply in Toronto and Ottawa, potential application to other municipalities, strong mayor powers such as budget, hiring and veto powers, council override powers, immunity, and delegation. The authors also consider whether or not this system can deliver on the Province's intended goals.