HomeMy WebLinkAboutPD-263-88 DN: 263-88
TOWN OF NEWCASTLE
REPORT File # 4o.Z�10S-
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, December 12, 1988
REPORT #: PD-263-88 FILE #: PLN 17.2.3
SUBJECT: APPLICATION OF THE TOWNSHIP OF HOPE TO THE SUPREME COURT OF
ONTARIO TO QUASH THE GANARASKA REGION CONSERVATION AUTHORITY'S
REGULATION REGARDING FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS
FILE: PLN 17.2.3
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-263-88 be received for information; and
2. THAT a copy of Report PD-263-88 be forwarded to the Ganaraska Region
Conservation Authority.
1. BACKGROUND
1.1 The Conservation Authority Act allows the authorities to make regulations
with regard to fill, construction and alteration of waterways subject to the
approval of the Lieutenant Governor in Council.
1.2 The Ganaraska Region Conservation Authority reportly adopted such a
regulation on May 8, 1984 which was authorized by Provincial Regulation
576/84. The Township of Hope is applying to the Supreme Court of Ontario to
have the regulation quashed. The Ganaraska Region Conservation Authority,
the Minister of Natural Resources and the Town of Newcastle have been named
as co-respondents.
2
REPORT NO. : PD-263-88 PAGE 2
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1.3 The Township of Hope through legal counsel has stated that Ontario
Regulation 576/84 is not a Provincial Regulation in the normal sense
but merely authorizes the actual regulation which must be adopted by
the Conservation Authority.
It is the position of the Township of Hope that if the Regulation was
not properly adopted by the Conservation Authority, the approval of
the Lieutenant Governor in Council will not validate the Regulation.
Apparently, there are no minutes or records of the Ganaraska Region
Conservation Authority of a meeting which took place on May 8, 1984 or
any other time at which the Regulation could have been considered.
2. COMMENTS
2.1 The matter before the Court concerns only the question of procedure.
The Town of Newcastle is named as co-respondent because the
regulations affect lands in the Town.
2.2 It is noted that the Township of Hope has expressed cocern regarding
the implementation of Ontario Regulation 576/84 since 1985. The
Township has maintained that it should retain responsibility for flood
plain management and that the Regulations compromise the Township
Council's authority for determining land use through the planning
process.
2.3 It is further noted that implementation of Ontario Regulation 576/84
was postponed for several years. The Ganaraska Region Conservation
Authority voted to implement the regulation commencing September 1,
1987.
3
REPORT 0O. : PD-263-88 PAGE 3
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2.4 Staff have forwarded the materials related to this matter to the
Town's solicitor for advise. Council will be keep abreast of the
progress of this application.
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu, ��.C.I.P^ �a=zeotoeff �
Director of Planning & Development Chief trative Officer
DJC*FW» 'ip
*Attach.
November 28, 1988
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