Document 2

ADDITIONAL LEGISLATIVE PROPOSALS

 

1.     Intergovernmental Relations

 

AMENDMENT

RATIONALE AND 20/20 PRINCIPLES

CAPACITY TO IMPLEMENT

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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.


 

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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.

 


 

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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

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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.

 


 

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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.


 

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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

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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
Commissioner.  A Municipal Integrity Commissioner could more properly respond to ethical issues that in-house legal counsel or the auditor General are sometimes asked to opine on.

 


 

AMENDMENT

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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

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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

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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

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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

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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

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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

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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
Act, 2001
or the City of Ottawa Act is required.  The City currently has in place an extensive licensing program.  The ability to create subclasses would expedite the harmonization of the licensing by-law and can be done within existing administrative structure.

The creation of a sub-class of licences would provide more flexibility to deal with particular situations.


 

AMENDMENT

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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

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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

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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

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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

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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

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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.


 

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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
Dog Owners Liability Act, exists only for seizing of vicious animals. The City occasionally encounters situations where pet owners have been hospitalized or incarcerated and has no authority to enter dwelling and put the pet into protective care.

 

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.

 


 

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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

 

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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.


 

 

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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.


 

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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

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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.


 

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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
City’s affordable housing stock.

 

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.