Municipal Matters

From Bonusing to Benefits

A brief overview of Section 37.1 of the Planning Act

In 2020, the provincial government introduced amendments to section 37 of the Planning Act, R.S.O. 1990, c. P.13 (the “Act”). These amendments served to replace the former density “bonusing” regime with the current community benefits charge  (“CBC”) regime. At a very high level, the CBC regime permits . . .

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September 16, 2024

Case Summary: R v Greater Sudbury (City)

2023 SCC 28

A recent decision from the Supreme Court of Canada involving a tragic workplace accident has provided clarity on what the courts will assess when determining if a municipality is an “employer” under Ontario’s Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the “OHSA”).

 

Background

In . . .

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September 02, 2024

Investigations in Municipal Workplaces

Municipalities, just like all employers, have an obligation to investigate complaints of workplace harassment under the Occupational Health and Safety Act as part of their duty to provide a safe workplace. Municipalities also have similar obligations pursuant to the Municipal Act. Although municipal workplaces are similar to . . .

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August 20, 2024

Demystifying Legal Language: Understanding “Public Highways” under the Municipal Act

In the realm of municipal law, the term “common and public highway” takes center stage as defined by the Municipal Act, 2001. This exploration navigates through historical roots, legal precedents, and contemporary considerations to elucidate the concept of highways.

Tracing back to Roman law, the term . . .

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August 06, 2024

Case Summary: Clarifying the Law of De Facto Expropriation

Halifax (Regional Municipality) v Annapolis Group Inc

The Supreme Court of Canada recently discussed the topic of de facto expropriations in Canada.

In 2017, Annapolis Group Inc. (“Annapolis”) began legal proceedings against the Halifax Regional Municipality (the “HRM”). One of the claims made against the HRM was that it had effectively taken over lands which were owned by Annapolis. . . .

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November 23, 2023

A Prosecutor's Obligations

Originally presented at the OBA’s Ontario Legal Conference: Municipal, Planning and Environmental Law - Feb 9-10, 2023

Introduction

There are important distinctions between the role played by municipal prosecutors and the other, various roles that lawyers employed or retained by municipalities have. This paper reviews the . . .

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September 20, 2023

The process of having land expropriated

an overview for property owners

Expropriation, in its simplest form, is the taking of privately owned land by a government body for public purposes. Expropriation often occurs when extensive infrastructure projects need to be completed, such as building roads or schools in areas where land has already been developed and purchased. When land is being expropriated, approval . . .

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July 22, 2022

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