New mayor and aldermen don’t want minority-controlled powers to pass ordinance

tomtidgewellNovember 26, 2022

Eleven legislators and new mayor Mark Sutcliffe have passed a new state law that allows mayors to pass bylaws with the support of one-third of the legislature if the issue is declared a state priority. said to oppose. Photo by Tony Caldwell /post media

Ottawa’s mayor and many city council members say they don’t want the power to pass bylaws through minority control.

County doesn’t seem to matter.

fever went down a little — and outright hostility — In response to Bill 39, announced without warning by the Ontario government last week, local political circles are building more homes with a mission to make the new “strong mayors” of Ottawa and Toronto even stronger. in the name of doing

For some city council members, the move is an attack on local democracy, council cooperation, and public opinion on decisions that affect their lives and communities. The province has characterized it as a bold but necessary action to meet the crisis-level mismatch between Ontario’s housing demand, its ability to pay, and available housing.

Lawmakers who do not agree with this means of addressing the problem are now considering what they can do to go against the state’s will: to speak out individually, to voice opposition as Congress, and to block the new minority rule. They may even enact the procedural mechanisms of the ruling PCs to legislate what they wish to impose on them.

The newspaper contacted all 24 city council members and the mayor and invited them to outline their positions on Bill 39.

Teresa Cabana of Bay Ward, one of the 11 city councilors who responded, said she was “amazed that this state government continues to impose agendas on our municipality without consultation.” He said he plans to put forward a motion to express collective opposition to the state government at next week’s city council meeting. Specification.

“We want to get a majority.”

Bill 39 gives the mayors of Ottawa and Toronto (and other mayors in the future) the power to propose bylaws. — Enact everything from development permits to rules that builders must comply with — Force your colleagues to vote for them if they are of the opinion that the mayor could potentially advance a designated “state priority.”

For now, the state has indicated that those priorities include a commitment to build 1.5 million homes and support infrastructure over the next 10 years, although the priorities are not outlined in the regulations. , which may evolve in the future.

If at least one-third of Congress votes in favor of the proposed bylaw under the authority of Bill 39 — That’s 9 of Ottawa’s 25 city council members, possibly including the mayor — Then pass.

Toronto’s John Tory said he had asked the state government for this minority rule power, but Mayor Mark Sutcliffe immediately promised not to use it. It is consistent with Sutcliffe’s campaign promise to rule Ottawa without the use of strong mayoral powers, first introduced by the Ontario government.

While Sutcliffe’s denial of authority has brought relief to some council members, opposition to Bill 39 continues at the city’s new council table. None of the 11 lawmakers agreed to be interviewed by the newspaper. — City and Suburb, New and Returned — He expressed support for the state’s move, and many condemned it in strong language.

Asked if it would reconsider including Ottawa in the bill given this local opposition, the housing minister’s office did not indicate that the government plans to. The newspaper also informs why this new minority power was imposed on Ottawa without the support of the mayor, and their belief that this is a power worth pursuing for Ottawa and Toronto. asked for proof.

The Department of Housing issued a statement that more than a third of Ontario’s projected growth over the next decade is expected to be in these cities. We could build 1.5 million new homes over the next 10 years. ”

The mayor’s office declined to provide details of a brief statement Sutcliffe made last week regarding Bill 39, saying he was unable to be interviewed before the paper’s deadline.

“Completely undemocratic” is the Rideau Rockcliffe Coun way. Rawlson King characterized the bill titled “Better Municipal Governance Act.”

King said that not only would he oppose the majority support standard for passing laws, but it would also allow mayors to skip consideration of ordinances in committee.

“While the state has described the introduction of the law as a ‘bold’ and ‘resolute’ action, I see it as eroding traditional decision-making prerogatives while meeting unclear state priorities. We consider it a cynical and authoritarian proposal designed to force the policies of our city council and the democratic rights of our residents,” King said.

Somerset’s newly elected MP, Ariel Troster, found the bill “incredibly problematic” and said, “Nowhere else in the world has the government’s decision been supported by just one-third. I can’t think of an example that would have been brought down by the government,” he said.

Colleague and newcomer to the council, College Ward Rain Johnson, said throughout the campaign, “Residents don’t want the authoritarian mayor this law creates. We want to see a partnership full of cooperation and respect.”

Re-elected City Councilman Glenn Gower of Stitsville opposes Bill 39’s “minority rule” provision and wonders if there’s a way the city council can formally exclude it from the proceedings.

Stéphane Emar Chabot, a lawyer and law professor in the City of Ottawa, legally did not see the flight. There is a line of law outlining he-third powers of passage in the ordinance that nullifies anything that violates the city’s procedural ordinance, and even if the city were to otherwise attempt to create a blocking mechanism, the “judicial The officials will see through it,” said Emaar Shabot.

Still, attorney and former Ottawa Vanier Liberal Party MPP Nathalie De Rozier said that’s a path she’ll explore if she’s an MP against Bill 39. Whether state governments will actually implement the 39 power changes, including the rule that initially required a legislative majority to vote in favor, is another matter, she said.

“What is the endgame going to be, you know, why would you do that? Whether or not you want to spend time on

There is also the potential for constitutional challenge of Bill 39 if the mayor exercises that power. Although it could be challenged preemptively, Émard-Chabot said the court didn’t like the hypothesis.

History doesn’t inspire much confidence in the outcome for a lawyer and former Ottawa City Council member who shares the view that Bill 39 is undemocratic.

As Émard-Chabot noted, the latest comprehensive court debate on the ability of local governments to control their own destinies is the decision by the Ontario PC government to halve the size of city councils during the 2018 elections. It was a legal challenge from the City of Toronto. motion.

The case went to the Supreme Court, where a 5-4 majority took the position that “local governments are wholly state creatures and the state can do whatever it wants with them,” Émard-Chabot said. Stated.

Bill 39 states, “Perhaps this idea of enacting legislation with a third of the vote is offensive enough to the majority of judges that they will do something about it. But change the map.” Suspending the election midway through to do so did not anger the majority.”

State Minister of Housing and Local Government, Steve Clark, was not available for interview for this article. “We’re going to give him the tools to get it done,” he added, to gain citywide authority and “put a shovel in the ground” with more votes than all aldermen combined. rice field.

Bill 39 could pass soon. It has already reached committee stage and a public presentation is scheduled for his day on Thursday. The public could submit in writing until his December 1st, and the PC-majority committee to consider the bill will meet for article-by-article review on December 5th, ostensibly in the House of Commons. Legislation may be voted on before the final Congress ends. Sitting day on December 8th.