1.
Intergovernmental Relations
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
1.
Define the provincial
interest in all statutes in order to avoid conflict between provincial/municipal
authority. 1. Définir l’intérêt qu’a la
Province dans toutes les lois en vue d'éviter les conflits entre les
compétences provinciales et municipales. |
By specifically identifying the provincial interest, the City would avoid unnecessary litigation in cases of potential conflict between provincial and municipal powers (i.e. non-smoking and pesticide statutes). This proposal was first raised by AMO and AMCTO in order to clarify the responsibilities of the municipal and provincial governments. As an example, the AMCTO indicated that the provincial interest in such areas as Ontario Regulation 301/03 that prescribes the form and content of the municipal tax bill, “must be questioned”. Council endorsed this recommendation on
November 10, 2004: [6A]. |
This provision would permit the City to consider involvement in fields of activity where doubt may now lie with respect to its jurisdictional role. |
The benefit of clarifying the provincial interest in areas would provide improved transparency and accountability, as residents of Ottawa would have a clearer picture of the respective responsibilities of the City and the Province. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
2.
Establish a dispute
resolution mechanism with Province. 2. Élaborer une méthode de
règlement des différends avec la Province. |
A dispute resolution between the City and
the Province would reduce litigation costs to both provincial and municipal
taxpayers. An example of where a
dispute resolution could have mitigated such costs to the local taxpayer
would be the Ward Boundaries issue in 2002-2003: [6A, 6D]. |
Implementation of such a dispute resolution mechanism could either be through a legislative amendment or a Memorandum of Understanding between parties. |
A dispute resolution mechanism between the City and the Province would lead to improved efficiency and expedient resolution of differences for the benefit of Ottawa’s residents. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
3.
Authority to enter into
agreements with ‘federal, regional, and other municipal government agencies’. 3. Le pouvoir légal de
conclure des ententes avec « des organismes fédéraux, des organismes
régionaux et d’autres organismes d’administration municipale ». |
In order to increase efficiency, the City
requires the authority to enter into agreements directly with different
levels of government. For example,
the City required the Province of Ontario to enact special legislation prior
to entering into a service delivery agreement with the federal government
regarding the enforcement of parking regulations on federal property by the
City: [6D]. |
Being the Nation’s Capital, there is an ongoing need to negotiate with and enter into agreements with the Federal Government or its various boards and agencies. This proposal could be implemented by an amendment to the City of Ottawa Act, 1999, or a Memorandum of Understanding between the parties. |
This authority would improve and expedite service issues between the Federal government and the City of Ottawa. |
2.
Natural Person Powers and Spheres of Jurisdiction
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
4.
Expand ‘natural person
powers’ to include administration (i.e. authority to delegate functions). 4. Élargir les
« pouvoirs de personne physique » pour y inclure l’administration
(soit le pouvoir légal de déléguer des fonctions). |
Though already included in the Municipal Act, 2001, numerous restrictions inhibit the capacity of municipalities to employ this authority. For example, natural person powers can provide the City with the capacity, rights, powers and privileges of a natural person for exercising its authority under any statute they do not, by themselves, create any substantive powers. According to the AMO and AMCTO, the existing natural person powers should be enhanced to include the use of these powers for matters related to the effective management and administration. Council endorsed this recommendation on
November 10, 2004: [6A]. |
Following the appropriate statutory amendment, this proposal will be implemented through by-laws enacted by Council. |
This
proposal will provide better clarity and good governance for the City. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
5.
Add health and environment
to spheres of jurisdiction for municipalities. 5. Ajouter la santé et
l’environnement aux sphères de compétence des municipalités. |
Under the Health Protection and Promotion Act, the City clearly has a role to play with respect to health programs. However, this responsibility is not specifically reflected in the spheres of jurisdiction outlined in the Municipal Act, 2001. The investigation and broadening of the
spheres of jurisdiction has been previously endorsed by AMO and AMCTO and
further supported by Council on November 10, 2004: [3B, 7D]. |
An amendment to the Municipal Act, 2001 would enable Council to consider a variety of initiatives in areas of health and the environment. |
In the pesticide by-law case involving the Town of Hudson, Quebec, the Supreme Court of Canada stated that, “each level of government must be respectful of the division of powers that is the hallmark of our federal system”. However, in upholding the Town’s by-law, the Court found that, “as a general principle, the mere existence of provincial (or federal) legislation in a given field does not oust municipal prerogatives to regulate the subject matter.” Therefore, it is suggested that increased authority in the spheres of health and environment could lead to greater clarity with respect to jurisdictional issues as well as improved service delivery to residents. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
6.
Add protection of persons
and property to spheres of jurisdiction for municipalities. 6. Ajouter la protection des
personnes et de la propriété aux sphères de compétence des municipalités. |
The City clearly plays a role in this area through the provision of fire services, ambulance services, etc, therefore, it is suggested that the Municipal Act, 2001 reflect this reality. The broadening of the spheres of
jurisdiction has been endorsed by AMO and AMCTO and further supported by
Council on November 10, 2004: [1A]. |
Implementation of this authority by an amendment to the Municipal Act, 2001 would simply reflect existing role the City already has with respect to emergency and protective services issues. |
The addition of the sphere of protection of persons and property would clarify the City’s legal jurisdiction in this area. |
3. Accountability
Measures
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
7.
Authority to appoint and
define the authority of a Municipal Integrity Commissioners. 7. Le pouvoir légal de
nommer et de définir les compétences des commissaires municipaux à
l’intégrité. |
This proposal would clarify the City’s ability to appoint an Integrity Commissioner similar to Federal and Provincial precedents as well as the enforcement authority of this position as it may relate to the Municipal Conflict of Interest Act or other statutes and policies. Commissioner. Council endorsed this recommendation on
November 10, 2004: [6A, 6C]. |
An amendment to the Municipal Act, 2001 or the City of Ottawa Act would be required. |
This authority is
strictly a Governance issue. City
Council has already expressed interest in appointing an Integrity |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
8.
Councillor’s Remuneration. 8. La rémunération des
conseillers municipaux. |
Authority with respect to Councillor’s
Remuneration would permit Council to appoint an objective and independent
body to provide recommendations for compensation levels of the council. Council established a Citizen’s Taskforce
to provide recommendations for changes to Councillors’ Remuneration in
December 2003. On November 24, 2004,
Council approved a motion to request that the Minister of Municipal Affairs
and Housing be requested to amend the Municipal Act, 2001 to
“effectively remove the authority of municipal councils to establish their
own compensation levels” and that compensation for municipal councils be
established by way of recommendations from an objective and independent body:
[6A, 6C]. |
An amendment to the Municipal Act, 2001 or the City of Ottawa Act would be required. |
Establishing an independent body to recommend changes to Councillors’ Remuneration would improve accountability and provide greater impartiality to this governance issue. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
9.
Authority to establish
local lobbyist registries. 9. Le pouvoir légal de
mettre sur pied des registres des lobbyistes locaux. |
By establishing local lobbyist registries, Council would be permitted to set standards for involvement in the procurement process similar to provincial legislation. Both AMO and AMCTO recommend that the creation of a lobbyist registry should occur at the discretion of individual municipalities and should provide the flexibility needed to address local needs and circumstances. Council endorsed this recommendation at
its meeting of November 10, 2004: [6A, 6C]. |
Once the Municipal Act, 2001 or the City of Ottawa Act was amended to provide for a lobbyist registry, the establishment and standards of a lobbyist registry would be implemented by Council enacting a by-law. |
A local lobbyist registry would increase transparency and accountability. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
10. Ability to define the authority of Auditor General including the
right to shield the Auditor General’s working papers from requests pursuant
to the Municipal Freedom of Information and Protection of Privacy Act. 10. La capacité de définir
les compétences du vérificateur général, notamment le droit de mettre les
documents de travail du vérificateur général à l’abri des demandes en vertu
de la Loi sur l’accès à l’information
municipale et la protection de la vie privée. |
Authority of Auditor General: Council recognizes that the role of an Auditor General is fundamental in providing an oversight function on behalf of constituents and that this position must be seen as arms-length, independent and objective. Exempt from M F I PP A: The Office of the Auditor General (OAG)
must have access to all documents and information during the course of an
audit or a fraud investigation.
Therefore, there is a need to build a relationship of trust between
City staff and the OAG by protecting the information received during interviews
and review of documents. Shielding
the Auditor General’s working papers from MFIPPA requests will ensure a level
of confidentiality between staff and the OAG: [6A, 6C]. |
Authority of Auditor General: The City enacted a by-law on February 23, 2005 that established the essential attributes of the Office of the Auditor General. Exempt from M F I P PA: The Office of the Auditor General of Canada and the nine Offices of the Auditor General in the Province of Quebec are exempt from their respective freedom of information and privacy legislation. |
Authority of Auditor General: Improve the governance and transparency at the City. Exempt from M F I P PA: This authority is essential for the efficient conduct of audits and the protection of the employees of the City. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
11. Define the meaning of the designation of the Mayor as ‘Chief
Executive Officer’ in Section 25 of the Municipal Act, 2001. 11. Définir la signification
de la désignation du maire à titre de « chef de la direction » dans
l’article 25 de la Loi de 2001 sur les
municipalités. |
The reference in Section 125 of the Municipal Act, 2001 to the Mayor as the CEO has raised more questions than it has answers. It potentially transfers authority from Council to the Mayor, however, this is not clarified. Council endorsed this recommendation at
its meeting of November 10, 2004: [6C]. |
An amendment to the Municipal Act, 2001 that would include a definition of the Mayor’s role as ‘Chief Executive Officer’. |
A definition of the Mayor’s role would further clarify the intent of this particular designation. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
12. Authority to hold electronic meetings. 12. Le pouvoir légal de tenir
des réunions par voie électronique. |
In order to remedy potential quorum problems, it is proposed that the City take advantage of electronic meeting technologies. By using electronic means, remote participation in a meeting can ensure time-sensitive or urgent items are not missed due to a lack of quorum. Council supported this proposal on
November 10, 2004: [1C, 6C]. |
An amendment to the Municipal Act, 2001, or the City of Ottawa Act is required in a manner similar to the provisions for e-meetings of school boards in the Education Act and Ontario Regulation 463/97. |
Implementation
of this authority would improve efficiency in meeting quorum and addressing
urgent and time-sensitive matters.
Possible methods of electronic participation include teleconferencing,
video link, as well as electronic bulletin board/conference. |
4. Licensing Matters
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
13. Ability to more effectively and aggressively enforce property
standards, especially with respect to vacant/abandoned properties. 13. La capacité d’appliquer
plus efficacement et vigoureusement les normes de propriété, spécialement
pour ce qui est des propriétés vacantes et abandonnées. |
The City requires expedient action on
arrears in the event that an owner has abandoned responsibility of property
to the detriment of the public good.
The City is aware of the location of abandoned, derelict properties
and requires legislated support to, in effect, “expropriate” to meet public
policy objectives. For example,
Winnipeg was able to recover ‘abandoned houses’ after one year of arrears in
the absence of a lengthy legal/appeal process: [1B, 6B]. |
An amendment to the Municipal Act, 2001 or the City of Ottawa Act would be required. The City currently possesses the ability to deal with vacant/abandoned properties, but is limited in its ability to act in an expeditious manner. |
Improved ability to act swiftly on issues already within the City’s jurisdiction (i.e. property standards). |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
14. Authority to create sub-classes of licences. 14. Le pouvoir légal de
créer des sous-catégories de permis. |
As City staff harmonize licensing
by-laws, it has become increasingly evident that the legislative authority to
deal with classes of licences differently with respect to location and fee
structure is required. Under the Municipal
Act, 2001, all members of a class must be treated the same
therefore, there is no ability to create subclasses which would permit
differences in requirements for the same types of businesses: [1D, 6B]. |
An amendment to the Municipal |
The creation of a sub-class of licences would provide
more flexibility to deal with particular situations. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
15. Authority to license with respect to a broader set of purposes and
expand City’s licensing power to include “business protection” as a purpose
for licensing. 15. Le pouvoir légal de
délivrer des permis pour un plus grand éventail de buts et d’élargir le
pouvoir de délivrer des permis afin d’inclure la « protection des
entreprises » à titre de but de la délivrance de permis. |
Currently, the City’s licensing powers
are limited to health and safety, nuisance control, and consumer
protection. (i.e. greater flexibility
would enable the City to include protection for local businesses from out of
province vendors.) As a border
municipality, the City of Ottawa frequently has Quebec vendors conducting
business here. For example flower
vendors from Quebec sell their product here and take their profits out of the
City. This creates a competitive
disadvantage for local businesses that invest and contribute to the economic
well being of the City: [5A, 5B]. |
No additional resources are required for the implementation of this proposal. A report and by-law will be prepared for approval by Council. |
Benefits include protection of the local business community and will generate additional revenue. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
16. Exemption from the statutory requirement to consult with the
public prior to the passage of a licensing by-law. 16. L’exemption de
l’obligation légale de consulter le public avant l’adoption d’un règlement
sur les permis. |
As a matter of policy, the City will consult where appropriate on all regulatory matters that have a public interest. Consulting on minor licensing amendments is onerous and costly. Council endorsed this recommendation on
November 10, 2004: [6A, 6B]. |
No additional resources are required to implement this proposal. |
The benefits of this proposal are good governance and reduced costs. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
17. Authority to regulate limousines and other vehicles for hire. 17. Le pouvoir légal de
réglementer les limousines et autres véhicules pris en louage. |
The City requires the reinstatement of
former authority regarding vehicles for hire. Currently, the Municipal Act,
2001 only provides the authority to license “the owners and drivers of
taxicabs”. The former statute also
included, “or other vehicles for
hire” after the words “the owners and drivers of taxicabs”. This revision would clarify the
City’s authority to regulate limousines: [6A]. |
No additional resources are required to implement this proposal. The regulation of vehicles for hire can be accommodated under the existing administrative structure. |
This proposal results in good governance and greater clarity with respect to the City’s licensing authority. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
18. Authority to charge a fee with respect to the “Registry for
Businesses”. 18. Le pouvoir légal d’exiger
des droits pour le « registre pour les entreprises ». |
Section 157 of the Municipal Act, 2001 allows a municipality to maintain an information base on business without imposing the statute’s full licensing regime on them. The City has the ability to establish a registry for new businesses that would ensure that they are properly inspected and in compliance with various regulations such as zoning. Because there is no onus or ability to regulate landlords to ensure their tenants are in compliance, City staff frequently discover businesses, after significant costs have been incurred, that have set up in areas not zoned for that particular use. These are businesses that do not require an annual license fee and would not need to be regulated otherwise e.g., for health and safety, consumer protection etc. The City should be able to charge a reasonable fee to recover costs related to the registry. Council endorsed this recommendation on
November 10, 2004: [5B]. |
No additional resources are required for the implementation of this proposal. A report and by-law will be prepared for approval by Council. Establishment and support of a registry system could be done within existing resources. |
Good governance provides an opportunity to establish a business registry that could promote economic development by directing and making users aware of the services that exist in the City. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
19. Exemption from the Minister’s authority to enact a retroactive
regulation with respect to licence fees. 19. L’exemption du pouvoir
ministériel d’adopter un règlement rétroactif en matière de droits de permis. |
Section 160(2) of the Municipal Act, 2001 provides the Minister with the statutory authority to make regulations that may “be retroactive for a period not exceeding one year; require a municipality to return license fees collected during that period; and require a municipality to use the license fees in the prescribed manner.” In addition to the possibility of having a negative impact financially, this Section is inconsistent with recognition of municipalities as responsible and accountable governments. Council endorsed this recommendation on
November 10, 2004: [6A]. |
No additional resources are required to implement this proposal. |
This proposal results in good governance. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
20. Authority to establish a general ‘power of entry’ with respect to
all municipally-licensed business, including dwellings that are operating as
a licensed business (i.e. rooming houses). 20. Le pouvoir légal
d’élargir le « pouvoir de pénétrer » à toutes les entreprises pour
lesquelles elle délivre des permis, y compris les habitations exploitées à
titre d’entreprises autorisées (les maisons de chambres). |
Statutory language should be consistent as there is a need to ensure public health and safety, consumer protection and public nuisance provisions are maintained for all classes of licenses. As such, there should exist a common, uniform right of entry similar to the one found in Section 151(3) with respect to “adult entertainment establishments”. Rooming houses are of particular concern given the vulnerability and limited ability for tenants to understand how to appeal for help or who fear retribution if they report property maintenance violations. Council endorsed this proposal at its
meeting of November 10, 2004: [1A]. |
No additional resources are required to implement this proposal. A report and by-law will be prepared for approval by Council. |
By allowing the power of entry to all municipally licensed business, the City can better ensure public health and safety as well as good governance. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
21. Authority to enter property, seize animals and provide temporary
care in circumstances where an emergency (i.e. fire, illness) has resulted in
no one able to care for an animal. 21. Le pouvoir légal de
saisir des animaux et de leur donner des soins temporaires dans des
situations d’urgence (incendie, maladie) qui ont comme résultat que personne
ne peut s’en occuper. |
The City requires this authority to
ensure temporary care for animals in emergency situations. New authority under Bill 132, being the Council endorsed this recommendation on
November 10, 2004: [1A]. |
No additional resources are required for the implementation of this authority. A report and by-law will be prepared for approval by Council. |
The benefit of this authority is good governance and increased safety for animals. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
22. Authority to permit the regulation of vendors on private property
and enable the City to seize vendors’ equipment and supplies and hold them
until the disposition of the licence hearing, or until the court
appearance. The City also seeks
authority to dispose of perishable merchandise as it deems appropriate. 22. Le pouvoir légal de
permettre la réglementation de vendeurs sur une propriété privée, de saisir
le matériel et les fournitures de vendeurs et de les garder jusqu’à la
décision d’une audience en matière de permis ou la comparution devant le
tribunal. La Ville souhaite aussi avoir le pouvoir légal de se défaire de
marchandises périssables lorsqu’elle le juge approprié. |
The City has encountered instances where
the regulation of vendors on private property is necessary. For instance, flower vendors often set up
in prime locations on particularly busy days (i.e. Easter, Mother’s Day)
without licenses and unfairly compete with permanent based flower shops in
the City: [5B, 6A]. |
No additional resources are required to implement this proposal. A report and by-law to be prepared for approval by Council. |
The ability to license vendors on private property results in good governance and protects the City’s established vendors from unfair competition. |
5. Miscellaneous
Proposals
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS
|
23. Authority to pass by-laws to regulate the exterior
design of buildings and structures in all or part of the City of Ottawa as
identified in the by-law, to prohibit the erection or alteration of such
buildings or structures, the plans and specifications for which have not
first been approved by an official or by a committee or board appointed by
the Council, and where approval of plans and specifications for the exterior
design of buildings is not granted to provide for an appeal process and to
establish fees to cover the costs. 23. Le pouvoir légal
d’adopter des règlements municipaux régissant la conception extérieure de
bâtiments et de structures, dans une partie ou à l’échelle de la ville selon
les dispositions du règlement, défendant l’édification ou la modification de
bâtiments ou de structures dont les plans et le cahier des charges n’ont pas
d’abord été approuvés par un agent responsable ou un comité ou conseil nommé
par le Conseil municipal et, lorsque l’approbation des plans et du cahier des
charges de la conception extérieure d’un bâtiment n’est pas accordée, de
fournir un processus d’appel et d’établir des droits pour couvrir les frais. |
Currently, the City is permitted to enact by-laws that regulate the exterior design of buildings to be enacted within the boundaries of the former City of Ottawa. The amalgamated City is launching a design review pilot project for the downtown using the existing authority and is looking at extending the requirements for design review and approval for buildings outside the downtown area as part of an overall strategy to implement the design objectives set out in Ottawa 20/20 and in the new Official plan. On March 10, 2004, City Council approved Phase One
of the Downtown Ottawa Urban Design Strategy 20/20, a comprehensive design
policy and implementation plan that will guide future downtown development
and property decisions: [4D]. |
The City has the capacity to implement by-laws regulating the design of the exterior of buildings through the development approval process. This is how the authority provided by the former City of Ottawa Act was implemented in the former City of Ottawa. Design review and approval will be required for downtown developments under the Downtown Design Review Pilot Project being implemented. As part of the Pilot Project, design review and approval will be tied directly into the site plan approval process. |
Having the ability to pass by-laws to regulate the exterior design of
buildings will provide a tool that will enable the City to achieve many of
its urban design objectives as set out by the Ottawa 20/20 Vision and in the
Official Plan. While planning
traditionally has been very focused on land use and land use relationships,
planning has evolved to be much more focused on design and building cities that
are liveable, humane and that exhibit high quality urban standards with
respect to the public realm.
Buildings, their design and their relationship to public spaces can
play a major role in the City achieving its planning and design objectives
that are focused creating a quality urban environment that residents and
visitors can relate to and feel comfortable in. This requires legislation similar to how the Planning Act regulates
land use and site development. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
24. Where the City has undertaken remedial work, authority to recover
costs as taxes as opposed to ‘in the same manner’. 24. Lorsque la Ville a
entrepris de travaux de protection, le pouvoir légal de recouvrer les frais
au titre de l’impôt plutôt que « de la même manière ». |
Section 427(3) of the Municipal Act, 2001 enables the City to “recover the costs by action or by adding the costs to the tax roll and collecting them in the same manner as taxes”. This authority should be consistent with powers that exist in the Building Code Act. Costs are high and volume of work has increased in relation to enforcement of exterior property maintenance by-laws enacted under the Municipal Act, 2001. This is particularly true with respect to “Grow Houses” that have been boarded-up. The existing phrase in the Municipal Act, 2001 can lead to difficulties when attempting to collect outstanding amounts. Council endorsed this recommendation on
November 10, 2004: [6A, 6B, 6C]. |
No additional resources are required to implement this authority. A report and by-law will be prepared for approval by Council. |
The benefits of this authority include good governance as well as reduced costs and ensures the City recovers its costs. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
25. Authority to levy against a property owner (or to place the charge
upon the property tax roll), the costs incurred by the City to close down an
illegal operation. 25. Le pouvoir légal de
percevoir d’un propriétaire les frais engagés par la Ville pour fermer une
exploitation illégale (ou d’inscrire une dette fiscale sur le rôle des impôts
fonciers). |
This authority would effectively place
the onus and responsibility on a property owner to ensure they are aware of
tenant activities such as “Grow Houses”: [1A, 6B]. |
No additional resources are required to implement this authority. A report and by-law to be prepared for approval by Council. |
The potential benefits of this recommendation include good governance which may reduce costs and provide City with more ability to recover costs. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
26. Authority to own and operate communication towers as a business. 26. Le pouvoir légal d’être
le propriétaire de tours de transmission et de les exploiter à titre
d’entreprise. |
With the deployment of the broadband network in the rural areas of the City, there is a need for communications towers by a number of service providers. Locations are difficult to secure and the current situation may result in a proliferation of these towers. There is a need for the City to expropriate for some of these locations and then lease back space on these towers to a number of different users to reduce proliferation. Council approved the City’s Broadband
Plan as part of Ottawa 20/20 on April 23, 2003: [6A, 6B, 6D]. |
As per the City’s Broadband Plan, the City is to replace existing City-owned towers with higher towers where possible to extend the reach of Broadband coverage in the rural area. There exist tower locations where a higher tower could provide wider broadband services. In these locations, if wireless service provider(s) are willing to use the higher towers to extend broadband coverage, the City is to consider replacing the towers. The City can minimize costs by leasing the new towers to wireless carriers. Existing towers can be redeployed and possibly provide coverage to a new un-served area. The option of leasing verses acquiring new towers from an independent tower firm is to be explored. |
This proposal would advance the deployment of broadband in the rural areas and reduce the proliferation of communications towers through leasing arrangements with a number of different providers on the same tower. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
27. Amend the Education Act so that the City shall have the
same rights and obligations as a district school board for the purposes of
acquiring any property intended to be sold, leased, or otherwise disposed by
a district school board. 27. Modifications à la Loi sur l’éducation — La Ville aura
les mêmes droits et obligations qu’un conseil scolaire de district en matière
d’acquisition de propriétés destinées à être vendues, louées à bail ou
autrement aliénées par un conseil scolaire de district. |
The City would
benefit greatly from the “right of first refusal” with respect to excess
property intended to be sold by a local school board. For instance, the Ottawa Technical High
School on Albert Street (OCDSB site)
could potentially be a prospective location for the proposed new central
library and cultural complex: [6B, 6D]. |
Following the statutory amendment to the Education Act, this proposal could be implemented within the City’s existing administrative structure. |
This authority would significantly reduce
costs in terms of acquiring property.
Improved efficiency results from considering sites in locations that
meet changing current/future demographic/user needs. The right of first refusal also recognizes
the value of public assets across the community and increases opportunities
for joint planning between the City and area school boards. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
28. Exemption from Minimum Maintenance Standards for municipal roads
and authority to set local standards. 28. L’exemption des normes
minimales d’entretien des voies publiques municipales et le pouvoir légal
d’établir des normes locales. |
Currently, Ottawa exceeds all minimum standards required by the Municipal Act, 2001. By setting its own standards, the City can control its road maintenance budget. In particular, the City could avoid a million dollar budget increase by establishing its own patrol standard. Municipal discretion to set minimum maintenance standards for roads was raised by AMO and supported by AMCTO. Council endorsed this recommendation on
November 10, 2004: [6A]. |
An amendment to the Municipal Act, 2001 would be required. Thereafter, the City could create its own standards, within reasonable budget limits. |
The benefits of this proposal could include improved
efficiency, reduced claims, and reduced costs. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
29. That the legal principal of Joint and Several Liability not apply
to municipal defendants. 29. Que le principe de droit
de responsabilité conjointe et individuelle ne s’applique pas aux défendeurs
municipaux. |
Like many municipalities across the country, the City of Ottawa has been targeted repeatedly for major damage awards notwithstanding the limited role the City may have had in the cause of action. In effect, the principle of joint and several liability in the Negligence Act means that a municipal defendant found 5% liable for a million dollar lawsuit may end up paying all of the damages if the other defendant (although 95% liable) is judgment-proof. This arises frequently in development and construction actions where the developer or contractor has long left the scene. This proposal was supported by Council at
its meeting of November 10, 2004: [6A]. |
This would require an amendment to the Negligence Act. Implementation of this authority would limit the City’s liability in a fair and equitable way and ensure that City does not act as an insurer of all development and construction projects. |
This authority would limit the City’s exposure to unwarranted damages. |
AMENDMENT |
RATIONALE AND 20/20 PRINCIPLES |
CAPACITY TO IMPLEMENT |
POTENTIAL BENEFITS |
30. Authority for increased flexibility with respect to managing the
debt on the 30. Autorité
pour la flexibilité accrue en ce qui concerne contrôler la dette sur le parc
des logements accessible de la ville. |
Currently, the City has shareholder responsibility for 14,600 housing units with/under Ottawa Community Housing. However, the municipality has little flexibility in managing the debt on this housing stock. For example, if the City wanted to re-mortgage its portfolio, it would not require Ministerial approval under the current regime: [1B, 4B, 6B]. |
The current system allows centralized mortgage renewals at discreet intervals, subject to timing and risk acceptance by the Ministry of Municipal Affairs and Housing. Unfettered ability to re-mortgage at the City’s discretion would broaden flexibility in order to respond to local needs, but must be balanced with all associated liability/risks. |
Increased flexibility to respond would enable more locally responsive system, enabling direction of any efficiencies to address issues within the current portfolio. |