|
10. WARD
BOUNDARIES – FERNBANK LANDS LIMITES DE QUARTIER – TERRes de FERNBANK |
That Council:
1. Direct
staff to bring forward a report to the 16 June 2009 meeting of Corporate
Services and Economic Development Committee, to be considered by Council on 24
June 2009, that would enable the Fernbank lands to be redistributed from Ward
21 to Ward 6 and/or Ward 23; and
2.
Direct staff to ensure that all required notice
is given to comply with statutory and City requirements.
3. Direct staff to
come forward with a report within the first year of the next term of Council to
provide for the incorporation within the affected Wards of any changes made to
the Urban Boundary resulting from the current Official Plan review.
Que le Conseil :
1. demande au personnel de présenter un
rapport lors de la réunion du Comité des services organisationnels et du
développement économique prévue le 16 juin 2009, aux fins d’examen
par le Conseil le 24 juin 2009, permettant la redistribution des
terres de Fernbank du quartier 21 au quartier 6 et/ou au quartier 23; et
2.
demande
au personnel de s’assurer que tous les avis nécessaires sont donnés afin de se
conformer aux exigences de la loi et de la Ville.
3. Enjoigne
le personnel de présenter un rapport au cours de la première année du prochain
mandat du Conseil municipal en vue d’intégrer aux quartiers touchés tous les
changements effectués à la limite urbaine qui découlent de la révision actuelle
du Plan officiel.
DOCUMENTATION
1.
Committee Coordinator’s report dated 31 March 2009
(ACS2008-CMR-CSE-0004).
2.
Extract of Draft Minutes
Report to / Rapport au:
Corporate Services and Economic Development
Committee
Comité des services organisationnels et du
développement économique
and Council / et au Conseil
31 March 2009 / le 31 mars 2009
Coordonnateur de comité
|
Rideau-Goulbourn (21), Stittsville-Kanata West /
Ouest (6), Kanata South / Sud (23) |
Ref N°: ACS2009-CMR-CSE-0004 |
SUBJECT: WARD BOUNDARIES – FERNBANK LANDS
OBJET: LIMITES DE
QUARTIER – TERRes de FERNBANK
That
the Corporate Services and Economic Development Committee recommend Council:
1.
Direct staff to bring forward a report to the 16 June
2009 meeting of Corporate Services and Economic Development Committee, to be
considered by Council on 24 June 2009, that would enable the Fernbank lands to
be redistributed from Ward 21 to Ward 6 and/or Ward 23; and
2.
Direct staff to ensure that all required notice is
given to comply with statutory and City requirements.
Que le Comité des services organisationnels et
du développement économique recommande au Conseil :
1.
de
demander au personnel de présenter un rapport lors de la réunion du Comité des
services organisationnels et du développement économique prévue le
16 juin 2009, aux fins d’examen par le Conseil le
24 juin 2009, permettant la redistribution des terres de Fernbank du
quartier 21 au quartier 6 et/ou au quartier 23; et
2.
de demander au personnel de s’assurer que tous les
avis nécessaires sont donnés afin de se conformer aux exigences de la loi et de
la Ville.
BACKGROUND
WHEREAS
the Ward Boundaries of the City of Ottawa have been established pursuant to the
Municipal Act, section 222 and Ottawa By-law 2005-302;
AND
WHEREAS a comprehensive review of Ward Boundaries was conducted in 2005,
leading to the adoption of By-law 2005-302 on 22 June 2005, subsequently
appealed to and approved by the Ontario Municipal Board;
AND
WHEREAS it has been established as a principle of devising Ward Boundaries that
rural areas are a distinct community of interest for urban/suburban areas;
AND WHEREAS certain of the Fernbank lands, presently located within a rural ward, were added to the Urban Area pursuant to a decision of the Ontario Municipal Board dated 11 August 2005;
AND
WHEREAS a portion of the Fernbank lands are surrounded on all sides by land
within the Urban Area;
AND
WHEREAS, given the advanced state of the Ward Boundary review in 2005 it was
not possible to add the Fernbank lands to urban/suburban wards in 2005 for the
2006 regular election;
AND
WHEREAS it is at this time appropriate to give consideration to adding the
Fernbank lands to urban wards;
Therefore
Be It Resolved That Corporate Services and Economic Development Committee
recommended to Council that:
1. Staff
be directed to bring forward a report to the 16 June 2009 meeting of Corporate
Services and Economic Development Committee meeting, to be considered by
Council on 24 June 2009, that would enable the Fernbank lands to be
redistributed from Ward 21 to Ward 6 and/or Ward 23; and
2. Staff
ensure that all required notice is given to comply with statutory and City
requirements.
CONSULTATION
This item will be advertised in the local dailies as part of the Public Meeting Advertisement on Friday preceding the Committee meeting.
Sections 222 and 223 of the Municipal Act, 2001 govern the dividing or re-dividing of a municipality into wards. In order for any changes in ward boundaries to be effective for the 2010 election, it is required that the by-law must be in force by December 31, 2009. Should Council consider such a report in June 2009 and subsequently passes the ward boundary by-law, any person may file an appeal of the passing of the by-law to the Ontario Municipal Board (the O.M.B.). If this occurs, the O.M.B. must hold its hearing and issue any order prior to the end of 2009. While the legislation prescribes that the municipality “shall give notice” of the passing of the by-law, the O.M.B in its decision rendered in May 2003 with respect to Ottawa’s Ward Boundary Review (2001-2003) was critical of the lack of adequate opportunity for public consultation.
Accordingly, it is recommended that the Councillor(s) for Wards 6, 21 & 23 hold at least one joint public meeting in early May to provide an opportunity to the public to consider and respond to any proposed changes to those existing wards. Any responses received from the public meeting would be included in the staff report, which would likely go to the Corporate Services and Economic Development Committee on June 16, 2009 and to the City Council meeting of June 24, 2009.
In the opinion of staff, the 8 July 2009 Council meeting is the latest that a ward boundary by-law could be enacted with a reasonable expectation of a decision from the O.M.B. before the end of the year, should the by-law be appealed.
Also affected by any changes to ward boundaries are the
four District School Boards within the City of Ottawa. School board electoral zones are composed of
one or more municipal wards. Any
changes to the ward boundaries could affect the school boards electoral
boundaries. These new boundaries would
also need to be established by the school boards and implemented in time for
the 2010 municipal election.
FINANCIAL
IMPLICATIONS
There are no
financial implications associated to this report.
Staff to implement Council’s decision.
WARD BOUNDARIES – FERNBANK LANDS
LIMITES DE
QUARTIER – TERRes de FERNBANK
ACS2009-CMR-CSE-0004
Rideau-Goulbourn (21), Stittsville-Kanata West
/ Ouest (6), Kanata South / Sud (23)
Councillor Wilkison introduced an amendment to the motion to direct staff to come forward with a report to incorporate any changes made to the Urban Boundary resulting from the current Official Plan review. She advised that she had worked with staff on the wording of the amendment.
Councillor Jellet asked whether the motion was calling for a full ward boundary review. Mr. Tim Marc, Senior Legal Counsel, indicated it was not. He clarified the intent was just to incorporate any changes Council may make to the urban boundary into the ward boundaries for the 2014 general election.
Councillor Jellet wondered how this would be done, noting that his ward had both rural and urban lands. Mr. Marc submitted that Ward 19 was acknowledged to be unique in the last ward boundary review and would be treated accordingly in whatever was done in 2011.
Responding to a final question from Councillor Jellet with respect to public consultation, Mr. Marc stated that there had not been consultation on the current report but that there would be consultation prior to a staff report being brought forward in June in response to the current direction.
Councillor Qadri posed a question with respect to Councillor Wilkinson’s amendment. In response, Mr. Marc explained that the amendment was a direction for work to be done in the future and would not impact on the work to be done this year with respect to the Fernbank lands.
Following these exchanges, Committee approved the amendment introduced by Councillor Wilkinson.
Moved by Councillor M. Wilkinson
WHEREAS it
is a principle established through Ward Boundary caselaw that communities of
interest should be located within common Wards;
AND
WHEREAS land within the Urban Area is considered to be a separate community of
interest from lands within the Rural Area;
AND
WHEREAS the City is reviewing its official plan and may be redesignating lands
within the Rural Area as Urban Area;
AND
WHEREAS the resulting Official Plan Amendment is subject to review and approval
by the Minister of Municipal Affairs and Housing;
AND
WHEREAS the timeframe for the Minister’s review and approval is 180 days after
adoption of the Official Plan Amendment;
AND
WHEREAS there may be appeals to lands added to the Urban Area thereafter;
AND
WHEREAS any changes to Ward Boundaries for the 2010 general election must be in
place by 31 December 2009 including the conduct of any appeals to the Ontario
Municipal Board;
AND
WHEREAS it is not possible at this time, if changes are to be made to Ward
Boundaries for 2010, to incorporate the outcome of the urban boundary changes
from the Official Plan Review;
THEREFORE
staff be directed to come forward with a report within the first year of the
next term of Council to provide for the incorporation within the affected Wards
of any changes made to the Urban Boundary resulting from the current official
plan review.
CARRIED
Committee
then approved the item as amended.
That the
Corporate Services and Economic Development Committee recommend Council:
1. Direct
staff to bring forward a report to the 16 June 2009 meeting of Corporate
Services and Economic Development Committee, to be considered by Council on 24
June 2009, that would enable the Fernbank lands to be redistributed from Ward
21 to Ward 6 and/or Ward 23;
2. Direct
staff to ensure that all required notice is given to comply with statutory and
City requirements; and
3. Direct
staff to come forward with a report within the first year of the next term of
Council to provide for the incorporation within the affected Wards of any
changes made to the Urban Boundary resulting from the current Official Plan
review.
CARRIED as amended