 By Staff
January 12th, 2017
BURLINGTON, ON
Identity theft is real – very real.
The Halton regional Police got to see it happening here in Burlington when they investigated a call from the Royal Bank located on Pearl Street in Burlington where branch staff had alerted police to a fraud in progress on January 11th 2017 shortly after 1:00 PM.
It was reported that a male was attempting to open a personal and business account using fraudulent identification.
 Police arrived and after some investigation, it was confirmed that the male was not who he claimed to be and was arrested for fraud. The male provided a name and date of birth which was also later determined to be false.
Upon arrest, the male was found to be in possession of fraudulent identification and various debit/credit cards in various names.
The male was properly identified as Jonathon William KELL (28 yrs-old) of No Fixed Address (formerly from Oakville). Kell was held for bail and charged with the following offences:
• Personation with intent
• Identity fraud
• Possession of a counterfeit mark
• Unauthorized possession of credit card data
• Obstruct Peace Officer
• Fail to Comply with Recognizance
Anyone with information is asked to call the Halton Regional Police Service – Regional Fraud Unit at 905-825-4747 ext 8739 or Crime Stoppers “See something, Hear something, Say something” at 1-800-222-
By Staff
January 12th, 2017
BURLINGTON, ON
On January 12th 2016 at approximately 3:18 PM, a uniformed officer observed several males walking away from a dark coloured Mazda Protégé with a stolen licence plate in a parking lot near Appleby Line and Dundas Street in Burlington.
It was determined that the same vehicle and licence plate was involved in several armed robberies where a firearm was used and as a result, a perimeter was quickly established.
Members of Tactical and Rescue Unit (TRU), Police Dog Services, Community Mobilization Bureau (CMB), Uniform Patrol and the Burlington Criminal Investigations Bureau (CIB) worked together and ultimately located and arrested four male suspects inside a Starbucks.
That’ a total of five different police units – much mote to come on this case.
The arrested males were taken to 20 Division in Oakville for further investigation which is being conducted jointly by members of Burlington & Oakville CIB’s and Peel Regional Police Central Robbery Bureau.
A further media release is anticipated with additional information on the outcome of the investigation.
Anyone with information is asked to contact Detective Constable Mike Tidball of the Oakville Criminal Investigations Bureau at 905-825-4747 ext 2275, or Crime Stoppers “See something, Hear something, Say something” at 1-800-222-8477(TIPS) or through the internet at www.haltoncrimestoppers.com or by texting “Tip201” with your message to 274637 (CRIMES)
 By Ray Rivers
January 12, 2017
BURLINGTON, ON
He should be remembered in history as one Canada’s Fathers of Confederation. But those in that part of the country we call English-speaking will only recall how, as Liberal leader, Stephane Dion mangled his presentation on why the three opposition parties had agreed to form a coalition to claim the minority 2008 government back from Stephen Harper.
 Buddies forever? Prime Minister knew he had to remove Stephane Dion from Cabinet. Feelings are badly damaged. An un-cooperative TV network, a personal panic attack and poor English all contributed to his misadventure. That incident plus Harper’s secret meeting with the governor-general allowed the Tories to stay in power, and the landmark agreement for the thee left-wing parties to unite became history.
Among Quebec separatists, Dion is hated for introducing the Clarity Act, which has driven enthusiasm for Quebec independence to record low levels, Following the second Quebec referendum, Jean Chretien needed an intellectual to deal with the sovereignty problem. He became so enamoured with Dion that he appointed him as Minister of Intergovernmental Affairs before he even had a seat in the House.
 A minister with a strong academic streak that served the country well. Dion’s Clarity Act keeps the country together. Then, based on advice Dion had sought from the Supreme Court, his Clarity Act ensured that Ottawa would need to approve all future referendum questions. In addition, a strong majority of voters would be required (greater than 50%) in order for the results to be deemed conclusive. And finally, any movement to sovereignty would have to be through negotiation rather than a declaration of independence, as the separatists had planned to do following the 1995 referendum.
Dion had been an academic before he became a politician, a man of principle who once campaigned for the separatists before realizing he truly believed in federalism. But the times have now changed and so must the make-up of the guard. So Justin Trudeau has offered him a diplomatic posting and given the job of Minister of Global Affairs to someone else. Sure Dion had not performed well on that armoured car deal with Saudi Arabia, but it’s the need to confront the changes in Washington which has convinced the PM that he needs a different kind of foreign minister.
 Chrystia Freeland in the House of Common during Question Period. So Chrystia Freeland, an Albertan of Ukrainian decent, has been named the new minister to help guide Canada internationally as we enter the era of Donald Trump. Trump, the business man, is expected to treat international issues largely from a transactional rather than principled perspective. It will be about the deal and everything and anything is up for grabs, a policy view shared by his friend Vladimir Putin, whom US security services are now convinced hacked political websites to help Trump win the last election.
 Minister of Global Affairs Freeland will set policy and create a different Liberal party. Freeland, a former student and author of Russian and slavic history is well positioned for her new role as Canada’s chief diplomat. That presumes that Putin lifts the sanctions he imposed on her in retaliation for the ones Canada placed on Russia following the seizure of Crimea. And beyond Europe, Freeland has spent considerable time in the US as a business journalist and panelist on talk shows. She is well positioned to engage with Trump and his Secretary of State whatever their philosophical differences. She once demonstrated her skills by walking out on free trade negotiations with the EU, a tactic which brought the deal home for Canada.
Prime Minister Trudeau has also made a couple of other changes to his Cabinet to coincide with the changing of the guard south of the border. Long-timer John McCallum is leaving the immigration post, which he served so well during the Syrian refugee crisis. He is being given a diplomatic posting as ambassador to China, a nation which has become a priority for Canada in regards to trade policy. There are also potential security issues at stake as tension continues to rise over China’s aggressive territorial claims, and the US response. This is particularly an issue since president-elect Trump has been baiting the Chinese, first on trade and more recently on relations with Taiwan.
And Burlington has made the big time with newly minted MP Karina Gould becoming the Minister of Democratic Institutions. It is a troubled file, formerly overseen by MP Maryam Monsef, who is being moved to the Status of Women. In the latter days of the 2015 election campaign, many Green and NDP-inclined voters switched their loyalty to the Liberals on the promise made by Justin Trudeau that 2015 would be the last federal election under first-past-the-post (FPP) rules. Those votes contributed to his majority victory and the PM will have to deliver on that promise.
 Karina Gould accepting congratulations from former Burlington MP Mike Wallace. Monsef who had created a parliamentary committee to develop options to (FPP) was finessed by her own committee. They not only recommended implementation of a complicated mixed-member proportional system but also that the government hold a national referendum before making changes. Since this could not practically be completed prior to the next vote in 2019, the PM would have failed to deliver his promise. Gould has her work cut out to pull off a miracle such that the party retains its credibility.
It is a pretty normal routine to periodically shake up a Cabinet, bring in new blood and reward those who have performed well, as is the case for Freeland. That the shuffle wasn’t even greater must mean that the PM is relatively content with how the rest of his ministers are carrying out their responsibilities. And of course, with two vacancies, there will soon be new by-elections to test whether the public agrees with the PM.
 Ray Rivers writes weekly on both federal and provincial politics, applying his more than 25 years as a federal bureaucrat to his thinking. Rivers was a candidate for provincial office in Burlington in 1995. He was the founder of the Burlington citizen committee on sustainability at a time when climate warming was a hotly debated subject. Tweet @rayzrivers
Background links:
Cabinet Shuffle – Chrystia Freeland – More Freeland –
Freeland Sanctions –
John McCallum –
Stephane Dion – More Dion –
First Past Post –
Dion a Hero –
By Staff
January 12th, 2017
BURLINGTON, ON
The Halton Regional Police in Burlington are seeking assistance in identifying those responsible for a commercial break and enter.
Sometime between 7:00 PM on January 10th 2016 and 9:00 AM on January 11th 2016, unknown culprit(s) broke into the Pharmasave located 2501 Guelph Line in Burlington.
 Row of bottles and pills on a chemists counter Once inside, unknown culprit(s) entered a safe and stole a quantity of narcotics. Culprit(s) also removed cash from the cash register and a quantity of Tylenol with codeine from a cabinet before leaving.
The exact type, quantity and value of narcotics stolen is still being determined.
Anyone with information is asked to call the Halton Regional Police Service – Criminal Investigations Bureau at 905-825-4747 ext 2216, or Crime Stoppers “See something, Hear something, Say something” at 1-800-222-8477(TIPS) or through the internet at www.haltoncrimestoppers.com or by texting “Tip201” with your message to 274637 (CRIMES)
 By Pepper Parr
January 12th, 2017
BURLINGTON, ON
The flow of information between the Program Accommodation Review Committee (PARC) and the Board of Education trustees is a concern that Leah Reynolds brought up at the school board meeting last night.
 Trustee Leah Reynolds, centre, wanted to know why she wasn’t getting copies of emails sent to the PARC members. Reynolds, who represents Burlington wards 1 and 2, wanted to know when she would get copies of the emails that get sent to the PARC people.
Reynolds wanted to be fully aware of what the PARC members are hearing and said she “owed it to the community to fully understand what the feelings and concerns are”.
It wasn’t immediately clear just what was happening to the emails that citizens send to the PARC members. A concern was expressed about email that may not be at all appropriate and that doesn’t get through the system.
Reynolds wanted to know who was responsible for the distribution of email that goes to PARC members. The Board created email addresses for the PARC members the public can use to communicate. Reynolds feels that communication is important and she would like to know what is being said.
 The Board of Education created special emails for members of the PAR committee. Citizens could use the one address to communicate with the PARC member representing their school There was discussion about support for PARC members who might be finding the content of some of the email objectionable and inappropriate.
 The PAR committees meeting immediately after the early December public meeting. Scott Podrebarac, a Board of Education Superintendent and chair of the PARC said that the PARC people have had meetings and that minutes are being taken. However, the trustees have not seen these minutes.
Superintendent of Education, Gord Truffen, who oversees information technology for the board, expressed some concern over the confidentiality of email addresses and told the Board meeting that there hasn’t been all that much traffic to the members of the PARC at the email addresses created for them.
 Ward 2 Councillor Marianne Meed Ward with ward 1 and 2 school board trustee Leah Reynolds. Meed Ward sits on the PAR committee which will produce a report for the Director of Education who will use the contents of the report in his recommendation to the trustees on which high schools, if any, to close. What trustee Reynolds wants are the opinions people are expressing so that she can have a clearer sense as to just what the community wants. She doesn’t feel she is getting what she feels she needs.
There may be a communication problem. Reynolds was the only trustee to speak to that matter.
 By Staff
January 12th, 2017
BURLINGTON, ON
The nightmare is” said Halton District School Board Director of Education Stuart Miller, “for me to decide that the school buses should not run and then see a significant change in the weather hours later.”
Miller was explaining to school board trustees last night how the decision to cancel school bus service when the weather is bad.
 Stuart takes those 5:30 am weather report phone calls. “I got a phone call at around 5:30 (my wife remembers exactly what time the call came in) telling me that the weather reports were not good.
Miller then makes a number of call to other school board’s in the area to see what they have planned. He has to make a decision by 6:30 am and prefers to have made up his mind by 6:00 am.
“There is freezing rain in Toronto but the local spotters report nothing in Oakville or Burlington – but the reports have the weather heading west.
“So I decide that the roads are not good enough for safe passage and I cancel the service.
“And sure enough – it is close to balmy sunshine weather in the southern part of the region and blizzard like weather in the rural areas.”
Miller explained that his decision is based on what he determines to be in the best interests of the students and the men and women who have to drive those school buses.
 Winter weather means slower bus service and at times a decision to cancel the service. Many of the buses he explained have several runs – and if they are late completing one run the students are left standing in the cold for as much as half an hour while the bus drivers work with difficult roads.
So now you know – the decision gets made at the very top – and he gets that first call at about 5:30 in the morning.
By Pepper Parr
January 12th, 2017
BURLINGTON, ON
It’s a meeting Jane Michael will not miss.
It is the Annual General Meeting of the Burlington Progressive Conservative Association that will meet at the Legion branch Saturday morning at 10:00 am. There are a lot of loyal Tories who have some words they want to get off their chest on how their candidate Jane McKenna got herself nominated.
The 41 vote win she got November 26th and the mangled appeal that was filed protesting the way the ballots were handled didn’t help.
A number of people that see themselves as political activists don’t like the look or the smell of the nomination and feel that Jane McKenna has been less than forthright in her drive to win the nomination that gives her another shot at getting back to Queen’s Park.
McKenna lost that last provincial election to Eleanor McMahon ending the 70 year rule the provincial Tories had experienced.
 Burlington’s MPP Eleanor McMahon will face a very fractured Progressive Conservative party organization when the next election is called. McMahon is the Minister of Culture, Tourism and Sport. McMahon was appointed as the Minister of Tourism, Culture and Sport and then made a member of the Treasury Board.
While the nomination issue is closed – McKenna is the candidate who many feel is going to have a very difficult time getting people to do the work that wins elections.
The minds of the members are filled with malicious, salacious gossip.
In correspondence that we were able to verify the Gazette heard this:
“Let’s hope that the Burlington PC. members elect a Board Members who will represent the members of the P.C. Burlington riding and not be “puppets” for the Provincial Executive. The Executive in Toronto have had its hand in all aspects of this Burlington Riding for too long and needs to be stopped.
“Hopefully, those elected will speak to the concerns of its members & not run for the purpose of furthering their own political gain.”
In another email that was verified, a reader had this to say:
“With the American Election finally over, as Ontarians we are now at the beginning stages preparing for our next Provincial Election. As a newly registered member of the Progressive Conservative Party I witness 1st hand just how the process works. As the PC Party here in Burlington voted on Nov. 26th to elect who will be the next person to be our leader as the MPP for the PC Party. I was more that shocked and disappointed how this election process took place.
“I felt it was time for me to engage and be more evolved in supporting who I felt was the best party to help fix the mess that the Liberals have gotten us into. A retirement dream of mine one day “was” to move to the country. The Liberals took that dream away as I will not be able to afford the Hydro Bill! “Along comes Jane Michael knocking on my door…She sold me on the PC Party and what she stood for. As she said “Now is the time to take back Burlington and make it blue again” and push out the Liberals. The PC Party was the party to do that…so I signed up.
 Two Progressive Conservative party members sharing a difference of opinion. “After what I watch happen that day I started to second guess my support. Is one party really any better than the next? As a newly joined member of the Progressive Conservative Party here in Burlington I am extremely disappointed in the process I saw personally at the Nomination meeting and election that was held on Nov. 26 recently.
“Not only did I watch the registration desk turn away newly registered members for the PC Party…I watched them turn away a Trustee from the School Board. The Trustee realized that they had lost their Drivers License.
“That person offered up all other ID in their wallet plus showed them their picture on the Board website. Note that all Trustees of school Boards are elected officials. On the website was the trustee name and photo confirming that they were who they said they were. I later was told by that Trustee that they had to go home and come back with a Hydro Bill before they could vote…Turns out the Trustee was a Jane Michael supporter as the trustee had on a Jane Michael pin. There were other similar stories at that point I really questioned my faith in the PC Party. Clearly the registration desk was holding up Supporters for one person.
“So I decided to stay till the end and see how this all played out. Once the voting polls had closed I waited to see how the votes went. The results were in, Rick Dykstra (PC Party President) announced who was elected as the next Leader of the Burlington Party! When the voters asked if we can have the results, we were told by Dykstra that he was not sharing the results with us. It was at that moment, I felt I had made a huge mistake in supporting the PC Party that does not offer full disclosure.
“Clearly transparency is not something that the Ontario Progressive Conservative Party of Burlington Stands for…This is not about who won and who didn’t. It is about disclosure and transparently. It is about honesty!
 Progressive Conservative candidate for the Burlington seat in the legislature attended the Silent Auction held by parents who want to keep Central high school open. “How can a party hold an official election to see which nominee would be voted in as the Leader and not disclose the results! If you are going to do something do it right! What a waste of my time and an insult to ever PC Party Member! I could go on with other questionable activities I have heard about…but I have only hear about the other stories, this is what watch unfold myself…PC Party if you want my support you best fix this, hold a re-vote and this time get it right! Be up front about it and offer full disclosure because you have now set a negative tone for the PC Party moving in to the next election!”
The appeal:
That result and the refusal on the part of the riding association to release the actual vote count led to an appeal being filed with the provincial party association.
The appeal and the hearing that took place was just as messy as the nomination meeting.
The document was a couple of pages long and contained more than 15 appendices.
Colin Pye, a member of the Burlington association board, filed the appeal. Pye who is a lawyer put together a well-documented appeal. He received a phone call from the provincial association and was advised that there would be a conference call very shortly – within a few hours. Pye thought that was to set up when and where his appeal was going to be heard.
Turned out that telephone conference call was the appeal hearing. Pye was told shortly after that the committee had denied his appeal and that the nomination of Jane McKenna would stand.
The hope on the part of the provincial association appeared to be that Jane McKenna could be acclaimed so she could get a running start on fund raising before new rules that would significantly limit what people could contribute came into effect January 1st
In the appeal that was filed; along with more than a dozen appendices, issue after issue was described.
Blank ballots being left on tables with no one in attendance.
No vote figures were released when Ms. McKenna’s victory was announced. Party President Rick Dykstra, as Chair of the Election Meeting, refused to give any figures despite the requests from the voters for the figures. One elderly gentleman, Roy Cummings, who requested the vote totals from the floor was loudly berated and sworn at by Ken Zeise and asked if he would “like to take this outside.”
The encounter was politics at its worst.
Ms. Michael was placed at an insurmountable disadvantage in her ability to promote her candidacy to the Riding Association membership as she had not even been approved as a Qualified Contestant for two weeks after the eligible Membership List had been finalized.
Ms. Michael received notice on November 25, 2016, at about 6:00 p.m., that the PNC had approved her as a Qualified Contestant, and she received the Membership List about one¬ half hour later, leaving her no time to organize or contact the more than 900 members on the List. This list also did not contain e-mail addresses for the members. When Ms Michael asked for the e-mail addresses, Ken Audziss advised Ms. Michael that she did not require these e-mail addresses.
Despite repeated calls and e-mails to the PNC and Party Headquarters, Ms. Michael was not granted an interview with the PNC until November 22, 2016 at 5:30 p.m., by conference call. On the conference call, Party President Rick Dykstra advised Ms. Michael that the PNC would decide on her contestancy and notify her within 24 hours.
People who had paid for memberships being denied a ballot.
People who were not able to properly identify themselves being denied a ballot while others were able to get ballots.
Getting the ballot count was no simple matter. All the people who were running the nomination event would say was that Jane McKenna got 41 more votes than Jane Michael who is reported to have brought in more than 350 new members to the organization.
All this leads up to McKenna now holding her Annual General Meeting in front of a lot of people who feel the vote that nominated McKenna was a fraud.
A new 19 member board will be elected – many of those who served on the board before the nomination meeting took place are finding that the bad taste in their mouths is so strong that they don’t want to run again.
 Jane Michael, the defeated candidate for the Burlington Progressive Association nomination. Others are adamant that they process has to be cleaned up and that decency and honesty are a part of what the Ontario Progressive Party is about and want to see a different kind of organization. There is talk of a reform slate of candidates being put forward.
It is a meeting Jane Michael does not want to miss.
 By Pepper Parr
January 10th, 2017
BURLINGTON, ON
Karina Gould, 29, is the youngest female cabinet minister in Canadian history.
And now she has her work cut out for her.
There will have a driver to take her from place to place in Ottawa. A larger staff and a social schedule that will get brutal.
And as Minister of Democratic Institutions she has to figure out a way to deliver on the promise the Prime Minister made during the election campaign that he won when Canadians chose him as their Prime Minister.
 Candidate Justin Trudeau with his wife and children on election day. At the time it was a bold political statement that might have slid off the table and be forgotten. When the task of changing the way we elect our government was assigned to a Minister – it was evident that the Prime Minister was serious.
A Special Committee on Electoral Reform (ERRE) was created. It proposed that the government hold a referendum on what the public wanted. The Liberal members of the Special Committee voted against the idea of a referendum.
The report was Adopted by the Committee: November 28, 2016, presented to the House: December 1, 2016 and is awaiting a government response.
Her predecessor was not able to manage the file – nor did she manage to work with the Parliamentary committee that was put in place to come up with proposals on just how the country was going to shift from the FPTP to whatever we were going to have.
The Chief Election Officer appears to be saying that whatever the government decides to do – it may have run out of time to implement whatever change is to take place
 Karina Gould poses with Prime Minister Justin Trudeau (right) and Gov.-Gen. David Johnston after being sworn in as Minister of Democratic Institutions during a cabinet shuffle at Rideau Hall in Ottawa. (Sean Kilpatrick/Canadian Press) That’s the job Gould has walked into. It is also a file that has been close to micro managed by the Prime Minister’s Office (PMO)
It is going to be difficult for Gould to deliver on the promise.
For two reasons – many, if not most, Canadians don’t have much in the way of an idea as to just what they want.
First past the post has served this country since it was formed. And that has at times given us governments that were elected by something around 35% of the voters – which didn’t satisfy the political parties that were on the losing side.
There are two issues: one a philosophical decision – what is the best way to form governments that reflect the will of the people and then the raw calculating side of politics which for political parties is to determine how they are going to stay in government.
The philosophical side is one that Gould will muse on rather well. She is an educated, sophisticated young woman who has a natural sense of what is right. She is in her heart a true democrat.
But now that she is a Cabinet Minister she has a responsibility to the government – she is part of that government – they are there to govern and in order to govern you have to stay in office.
It was Lord Acton who gave us the dictum: ‘Power corrupts and absolute power corrupts absolutely’. Governments are usually the last to realize that they have been in power too long.
There has never been a government that stood up in its legislature and announced that it was time for them to go. The more they need to be dismissed the harder they fight to remain in office.
Every Liberal in this city is proud of Karina Gould. Even the Tory’s will grudgingly admit that she has done a fine job.
As we go forward we will see what Karina Gould is really made of. Great DNA – let’s see how she uses it.
“Gould is an Oxford University graduate and a trade and investment specialist who worked for the Mexican Trade Commission before her foray into federal politics.
“She volunteered at a Mexican orphanage while a student at McGill University, and later worked as a consultant to the migrant and development program at the Organization of American States in Washington, D.C., experience that made her a natural fit for the role of parliamentary secretary to the minister of international development, Marie-Claude Bibeau.
“Gould has had an interest in federal politics since a young age. She has pinpointed a visit by former Liberal MP for Burlington, Paddy Torsney, to her high school civics class, as an early inspiration to run for elected office.
“I was so impressed with her,” Gould told the Bay Observer, a Hamilton based newspaper, after her election. “It really inspired me to think it was a real possibility for me as a woman to become an MP.”
 Karina Gould on the right looking at some data on a cell phone during her election campaign. Claire LaRocca is centre. While at McGill university used to sit up late into the night with a friend talking about what she would do as a politician. That friend came back to Burlington to run her campaign.
Both of her paternal grandparents are Holocaust survivors.
By Staff
January 10, 2017
BURLINGTON, ON
The Halton Regional Police Service (HRPS) has released its impaired driving statistics for 2016, including its annual December RIDE campaign and overall year-over-year totals.
 Police conducting RIDE campaigns. Results from RIDE, a program held from December 1-31 in partnership with community agencies such as MADD Canada and funded in part by the Ministry of Community Safety, are as follows:
• 266 roadside tests conducted
• 51 impaired driving arrests (this compares to 31 arrests during the same period in 2015)
• 47 three-day suspensions issued
• 2 seven-day suspensions issued
• 5 24-hour suspensions issued (G1/G2 drivers)
Overall impaired driving arrests in Halton Region, however, decreased from 425 in 2015 to 404 in 2016.
“Impaired driving by drug or alcohol is a threat to community safety, and the reality is it isn’t a holiday, weekend or night-time problem,” said Nishan Duraiappah, Deputy Chief of Police. “As such, it is and will remain a top priority for our Service all day, every day of the year. Enforcement alone isn’t the answer, and we will continue to partner with other organizations to weave elements of prevention and social development into our work towards enhancing traffic safety in our community.”
In addition to enforcement programs like RIDE, officers conducted preventative projects at licensed establishments throughout Halton to educate patrons on impairment. Volunteers had the opportunity to check their blood alcohol levels on-the-spot by providing breath samples into roadside screening devices. Fifty-two (52) men and women participated. Of these, 29 registered a pass (under 0.05 mg alcohol/100 ml blood), 15 a warning (between 0.05 and 0.08 mg alcohol/100 ml blood), and eight failed (over 0.08 mg alcohol/100 ml blood).
 Two Nelson high school students do their best to stay on the green line wearing Fatal Vision goggles during a Halton Regional Police RIDE program. To ensure that the impaired driving message was heard by all drivers of all ages, High School Liaison Officers attended several Halton high schools to deliver its annual RIDE 101 education program. RIDE 101 teaches students about the influence drugs and alcohol can have on a driver’s perception and ability to complete simple tasks by enabling them to experience the world through the lens of goggles that mimic its effects.
These measures and others are part of the Service’s broader Community First policing philosophy that focuses on incorporating the four pillars of (community) safety and well-being into service priorities: Emergency Response, Risk Intervention, Prevention, and Social Development.
More information can be found at www.haltonpolice.ca under Community or by following @HaltonPolice on Twitter or Facebook.
In the meantime, residents are reminded that impaired driving is a crime in progress and to report it immediately by calling 9-1-1.
 By Staff
January 10th, 2017
BURLINGTON, ON
Wow!
Not yet 30 and named a member of Cabinet.
 Karina Gould, minutes after being sworn in as a Member of Justin Trudeau’s cabinet. Prime Minister Justin Trudy announced earlier today that Karina Gould is named minister of democratic institutions.
Gould, 29, a former trade and development worker who represents the riding of Burlington, Ont., was promoted from her previous role as parliamentary secretary to the minister of international development.
This is a remarkable achievement.
 MPP Eleanor McMahon and MP Karina Gould now Minister of Democratic Institutions. Burlington is now represented by women at the federal and provincial level who are both members of cabinet.
Wow!
By Staff
January 10th, 2017
BURLINGTON, ON
They never stop – at least three attempt to get personal information come through an email address.
This one catches your eye – and unless you read the complete message you could get snagged.
The first thing we noticed was the area code in the telephone number. Where is area code 410?
We got this today , but i think it’s for you.
You should pay it ASAP.
PARKING TICKET 78914851
Trey Bradford
Phone: 410-955-2226
Fax: 410-955-1314
Trey@kemicalelaw.com
 There was no parking ticket but because many of us get the things we tend to respond to a message about a parking ticket. Once you respond you have entered the thief’s web – and like a spider they have you. The first thing we noticed was the area code in the telephone number. Where is area code 410? Baltimore – I haven’t been to Baltimore in more than 20 years.
 By Pepper Parr
January 10th, 2017
BURLINGTON, ON
Something just didn’t’ seem right about this one. Perhaps it is because we don’t understand the world of artists but asking a sculptor to send in an Expression of Interest for a possible $140,000 commission within 10 days suggests that the decision has already been made and the request for those Expressions is released to cover the tracks.
The location for this piece of sculpture is nice – part of the RBG Rock Garden.
We pass this on – and wonder if we are misleading the sculptors in the community
Here are the details. We will watch with interest and see who is awarded the commission.
ROYAL BOTANICAL GARDENS | REQUEST FOR EXPRESSIONS OF INTEREST
Deadline: Friday, January 20, 2017
Budget: $140,000 CAD (maximum)
The Royal Botanical Gardens invites artists to submit Expressions of Interest to create a permanent Thomas McQuesten commemorative artwork to be installed in the Dalglish Family Courtyard at the Royal Botanical Gardens. This competition is open to professional Canadian artists or artist-led teams.
The call:
Artist Opportunity
The Royal Botanical Gardens invites artists to submit Expressions of Interest to create a permanent Thomas McQuesten commemorative artwork to be installed in the Dalglish Family Courtyard at the Royal Botanical Gardens. This competition is open to professional Canadian artists or artist-led teams*.
 Dalglish Family Courtyard at the Royal Botanical Gardens. An artwork proposal is not requested at this time. This is a two-phase process: in Phase One, applicants will be reviewed on the basis of artistic merit of past work, professional qualifications and experience. In Phase Two, short-listed artists will be required to submit an artwork concept proposal and maquette. Artists selected for the short-list will be provided with a full Request for Proposals outlining detailed artwork specifications prior to developing their proposals. Short-listed artists will be paid an artist fee of $1500 to develop their proposals.
* A professional artist is an individual who has specialized skills and/or training in his/her artistic discipline (not necessarily in academic institutions), has a history of public presentation and is critically recognized as an artist.
Artwork Goals
This commission will commemorate Thomas Baker McQuesten, one of our nation’s tireless advocates for conservation and founder of the Royal Botanical Gardens. Set in the Dalglish Family Courtyard, this sculpture will stand as a proud reminder of McQuesten’s legacy and the RBG’s long-standing commitment to the stewardship of our land.
The goals of this project include:
• Celebrate an iconic figure in Canadian history in connection with Canada’s 150th Anniversary of Confederation
• Enhance the Dalglish Family Courtyard with an inspiring public artwork
• Provide a space for contemplation and commemoration
• Tell the story of McQuesten and his contribution to local and national infrastructure, conservation and beautification
Background
The Royal Botanical Gardens
For over 80 years Royal Botanical Gardens (RBG) has been an ecological jewel at the western tip of Lake Ontario. Conceived and founded through the tireless efforts of early conservationist Thomas Baker McQuesten, RBG lands were set aside to create the region’s first botanical garden. Patterned after Kew Gardens in England, RBG was created to serve as both a regional botanical tourism site and an environmental agency. In his book “Garden with a View”, former Executive Director Dr. Leslie Laking explains RBG’s unique role in society:
 Hendrie Gardens RBG “Royal Botanical Gardens puts nature’s beauty on display, but it isn’t a park system. It teaches but it isn’t a school. It protects and preserves forest and marsh, but it isn’t a conservation authority. It collects and propagates botanical knowledge and plant life, but it is not a library, museum, or laboratory. It is all those things and more than their sum”.
Designated as a national historical site, RBG is revered worldwide for its extensive 400 acres of display gardens. What makes RBG unique is that it also protects and stewards over 2300 acres of environmentally sensitive lands and diverse ecosystems that connect the Niagara escarpment to Lake Ontario. In acknowledgement of this crucial environmental role, Royal Botanical Gardens was granted a provincial mandate in 1941 for the development of four areas of focus: Conservation, Education, Horticulture and Science. In the 70 years that followed, RBG has established a national and international reputation as a living laboratory for science, a connecting point for children in their early embrace of nature, a leader in sustainable gardening and the standard-bearer for ecological restoration and plant preservation.
In the face of devastating environmental threats worldwide, RBG is more relevant now than ever before. Its established and evolving environmental programs provide straightforward, workable solutions designed to maintain sustainable biodiversity in Canada, for the world.
 Thomas Baker McQuesten Thomas McQuesten
Thomas Baker McQuesten (June 30, 1882 – January 13, 1948) was born in Hespeler, Ontario (now Cambridge) and received his primary and secondary school education in Hamilton. Following high school, McQuesten attended the University of Toronto and continued his studies at Osgoode Hall, receiving his law degree in 1907. McQuesten served as an alderman on Hamilton City Council and later, a Liberal member of the Legislative Assembly of Ontario (representing Hamilton- Wentworth).
McQuesten, whose family had deep roots in Hamilton was a key player in infrastructure development across Ontario and is credited with bringing forward the Queen Elizabeth Way, Royal Botanical Gardens and many other projects. McQuesten was a tireless advocate for the development of parks and conservation areas. For instance, his advocacy for parks on Hamilton, Ontario City Council earned him an appointment to the permanent position on the Board of Park Management in 1922, where he remained until his death in 1948. In this position, he supported the construction of the Rock Garden and other landscaped areas on the Burlington Heights (Ontario), which became part of Royal Botanical Gardens in 1932. After his retirement from electoral politics, McQuesten resumed his interest in RBG and became an executive member of that organization, active there until just before he died.
Artwork Location
The artwork will be located in the Dalglish Family Courtyard. The courtyard serves as the entry point to the newly rejuvenated Rock Gardens at the Royal Botanical Gardens. The three-year, $20 million project provided the garden with major upgrades in infrastructure, accessibility and landscape design. This included improvements to the garden’s structural integrity, water and sewage systems, visitor accessibility, and architectural landscape. In addition, a new visitor centre was constructed to serve as a year round destination for business and private functions.
Just outside the visitor centre, the Dalglish Family Courtyard is an elegant space that serves as both a welcoming point for guests making their way outdoors and a venue for social occasions and gatherings. Alpine plants representing true rock garden vegetation grow from the beautiful stone walls, and gentle waterfalls creates a peaceful atmosphere.
The artwork will be sited in the eastern portion of the courtyard is the primary location for the artwork. Artists may propose an artwork in series or ancillary piece that makes use of Site B as a secondary location (optional).
 Locations for the sculpture in the Daiglish Family Courtyard. Artwork Design Parameters
The artwork must adhere to the following design parameters:
• The artwork must be an exterior, sculptural installation.
• The artwork should contain elements that are representative of Thomas Baker McQuesten. The artwork could be a formal commemorative sculpture or could contain elements that are more interpretive in nature in combination with figurative elements
• The artwork should express the passion and commitment of McQuesten to the natural environment and the Royal Botanical Gardens
• Fabricated using high quality, long-lasting materials that are highly resistant to theft, vandalism and weathering
• Must not pose a risk to public safety (i.e. no sharp points, does not allow climbing to restricted areas, no slip hazards, etc.)
• Does not incorporate light, video or sound elements
• Artwork does not restrict visitor’s movement within the courtyard or compromise accessibility standards
• Meets all Ontario building code standards (https://www.mah.gov.on.ca/Page7393.aspx);
• The selected artist will be required to submit drawings certified by a structural engineer licensed to operate in Ontario
Budget
The budget for this project is $140,000 CAD (maximum, exclusive of HST). This is the total amount available for all related expenses of this public art project including (but not limited to): artist fees, materials, site preparation, technical consultation, fabrication, installation, any required above or below-grade foundations, insurance, equipment, permit fees, and travel.
RBG grounds staff will be available to assist in site preparations, general labour and have a significant skillset and available equipment that may be used during installation. To ensure the budget is being maximized an installation consultation will occur with each short-listed artist.
 When the flowers and plants are in bloom the RBG is one of the most beautiful places on the planet. Eligibility
This competition is open to all professional Canadian artists. Artist collectives and/or artist-led teams are also encouraged to apply. The selected artist must be able to travel to Burlington, Ont. for a minimum of two visits: one technical consultation meeting and one visit to manage the installation of the artwork and to engage in public dialogue (i.e. artist talk / public unveiling event).
The selection panel is comprised of the following representatives:
- Camilla Dalglish, major gift donor
- John Best, author, Thomas Baker McQuesten: Public Works, Politics, and Imagination
- Tobi Bruce, Director, Collection & Exhibitions / Senior Curator, Art Gallery of Hamilton
- Jeremy Freiburger, Executive Director, Cobalt Connects
- Andrew Hunter, Fredrik S. Eaton Curator, Canadian Art, Art Gallery of Ontario
- Mark Runciman, CEO, Royal Botanical Gardens
- Maryella Leggat, resident & RBG supporter.
Estimated Project Timeline (2016-17)
December 2016 Expression of Interest document released
January 20, 2017 Deadline for Stage One: Expression of Interest
By January 31, 2017 Selection committee applications, selects short-listed artists
March 17, 2017 Short listed artists’ Concept Proposals due
By March 31, 2017 Steering committee reviews proposals and selects winning artist Selected artist enters into a contract with the Royal Botanical Gardens
September / October 2017 Artwork is installed
What’s the rush? If they are going to commemorate McQuesten -do it right.
 By Dr. Wendy Hofman
January 10, 2017
BURLINGTON, ON
Integrity is an integral part of leadership.
In politics, it is becoming non-existent. It is fair to say that there are still politicians who have integrity but the number is decreasing. Integrity is all about being honest in all aspects of one’s life.
In order for a political party to earn the respect of the public each member of its party executive and the MPP’s must have integrity. The interest of the public must come ahead of personal interest and gain. Integrity should be the governing rule of how politicians make decisions and policies. Having integrity is a lifestyle choice and should be life-long.
How can integrity in politics be regenerated when corrupt practices are widespread? It is quintessential that the prerequisite for such an endeavour is absolute political will. The Party and its leaders must be dissatisfied with how they are governing. The decision to change can be internal from those that are uncomfortable governing without integrity or it can come about through public scrutiny and effective political opposition. Party faithfuls that have become disenchanted and disgruntled are signs that positive change must occur in order to retain the membership.
How would it appear if politicians governed with integrity? Integrity is evident in thought, speech, behaviour, and decision-making. It involves living so people are able to trust in the promises that are made. Imagine if deliberately misleading the public would result in a forced resignation of a politician? What about short-changing the public by flip-flopping on decisions? Integrity must be part of how politicians lead.
On the integrity spectrum donations, lobbying, and access to political leaders can be quite murky issues.
Instead of meeting with voters and potential members and debating on issues, politicians are now found in lavish fund raising dinners with donors.
Imagine if most Ontario politicians had integrity? Our province would not be in the state financially or morally that it is in today. There is hope for this province and the whole of Canada if politicians choose to be honest with their constituents regarding policies and promises.
 Dr. Wendy Hofman – a Professor of Counselling and Clinical Counsellor
These are the opinions of the writer who has been actively engaged in the political process in Burlington.
By Pepper Parr
January 9th, 2017
BURLINGTON, ON
There is always a certain amount of rivalry – call it give and take – between Burlington and Hamilton. The relationship has changed from one where Burlington was basically a bedroom community attached to Hamilton to what is now more of a partnership between the two cities. The Bay Area Economic Summit was a very good example of what the two cities can achieve when they work together.
Burlington city manager James Ridge’s meeting with Hamilton bureaucrats over getting the LaSalle Park water lots into the hands of Burlington might fracture that relationship a little. We are likely to get outsmarted by Hamilton on that transaction. But I digress
With the federal government telling us how they are going to spend our tax dollars as we celebrate our 150th anniversary as a country – that’s what a Sesquicentennial is – all kinds of ideas are popping out of nowhere.
One of the federal ideas is to have a couple of chaps travelling across the country with a red leather chesterfield on which they are inviting people to sit on with them and tell stories about Canada. That one is almost as wacky as some of the Canada Council grants we hear about.
There is one grant application that doesn’t appear to involve very much in the way of tax dollars but might appeal to Burlington’s pride – even though the object of all the attention is located in Hamilton.
 These were the ships that fought the Battle of the Atlantic, the longest naval battle in history. Shown here is HMCS Haida, currently tied up in Hamilton. And that is the Tribal Class destroyer HMCS Haida that is tied up in Hamilton in a place that is not that easy to find. But the good ship Haida is there.
There is a petition sponsored by Project Naval Distinction that they would like you to sign to have the ship named as the “flagship” of the fleet.
This is our opportunity to recognize a Canadian icon of excellence, the last of its kind in the world.
The ‘fightingest ship’ Canada has ever produced, Her Majesty’s Canadian Ship (HMCS) HAIDA served during the Second World War, the Korean War and the Cold War, sinking more enemy tonnage than any other ship in Canadian history.
 When you get to the web site just enter E560 for the petition you want to sign and they will take you through the process. The sponsors of the petition want to see Haida given due recognition during the Canada150 celebrations.
Go to
petitions.parl.gc.ca
 While not known as a naval city – Burlington has always had a strong naval pride. A portion of the monument on the Naval Promenade at Spencer Smith Park. before February 22nd, 2017 and add your signature to petition E-560 to honour the incredible accomplishments of HMCS HAIDA. This is a simple and symbolic way that you, and those you share this petition with, can make the Canada150 celebrations even better.
This is one of the better Canada 150 projects – all they are asking for is your signature.
By Pepper Parr
January 9th, 2017
BURLINGTON, ON
How much are we going to pay the members of city council?
The recommendation is to give the members of council an increase of about $500 a year
The Mayor will get an increase of $1,307.00
 Members of city council debating the Adi Development Group application for a project in the Alton community. Chair of the meeting, Councillor Craven cannot be seen. Assuming this is approved by council: yes they approve their own salary increases but it is based on a formula that was created by a citizens committee.
Councilor salary: from $54,312 to $54,882
Mayor salary: from $124,465 to $125,772
 Councillor Craven chaired the Planning & Development Committee meeting. Every member of Burlington’s city council is also a member of Regional Councillor where they are to be paid $48,901.
Thus – members of Council will earn $103,783.
The Mayor will earn $174,673.
The Mayor is provided with a car.
Every member takes part in one of the richest pension plans in the country.
The details on how the increase is arrived at are dense and arcane – they are set out below, The formula is not an unreasonable one.
Based on a method approved in 2013 which was the result of a recommendation from a committee of citizens the City of Burlington portion of Council salaries is to be adjusted effective April 1st by the percentage equal to the average annual change in the “All Goods” Ontario consumer price index (CPI) for the twelve month period October to September with the provision that the increase is to have the following limitations:
1. Any increase cannot exceed 65% of the calculated Ontario CPI percentage;
2. No increase can be granted in the event the calculated Ontario CPI amount is less than 1%;
3. Any increase cannot be greater than the increase determined for budget purposes for non-union staff compensation;
4. When no increase is taken in a year, the amount cannot be carried over
and aggregated in future years (i.e. no carry-over of forfeited increases from any year to another);
5. Overall Council may adjust the calculated increase to a lesser amount than that determined while meeting the provisions stated.
 Repairs and renovations being made to city hall – the construction work isn’t what makes the place dangerous. When calculating the eligible adjustment using the above limitations, the resulting increase is 1.05% and is calculated as follows:
1. 65% of the average annual change in CPI from October 2015 to September 2016 of 1.614% = 1.05%
2. CPI is greater than 1%
3. Non-union proposed merit increase = 3%
Therefore, Council may implement an increase up to 1.05% on the City portion of their salaries.
The city manager is paid considerably more than the members of Council.
 By Staff
January 7th, 2017
BURLINGTON, ON
The Halton Regional Police Service are continuing the investigation into the death of a 19 year old male person. The family of this male person have been notified of this incident.
At this time the police investigators do not have any suspicions of a criminal act being involved in this incident.
After reviewing security video from the school the Halton Regional Police report that the male person was observed walking alone around the school shortly after 3:00 am.
He climbed up onto the roof of the school and a short time later was observed falling off the roof. It is unknown why he climbed up onto the roof of the school at that time.
The Coroner is continuing the medical investigation into this matter to confirm the exact cause of death.
The name of the 19 year old deceased person is not being released at the request of the family.
The Halton Regional Police Service is continuing the investigation and are appealing to those who may have any knowledge about this incident to please contact Detective Joseph Barr of the Burlington – Criminal Investigations Bureau at 905 825 4747 ext. 2385 or ext. 2315 or ext. 2305. Contact can also be made by Crime Stoppers at 1.800. 222.8477 (TIPS), through the web at www.haltoncrimestoppers.ca or by texting your message to 274637 (CRIMES).
Link to earlier news report.
By Pepper Parr
January 7th, 2017
BURLINGTON, ON
It wasn’t the best way to end the year but it was what it was.
After more than a year of talking about letting to public see how council members vote at city council meetings some technology was finally acquired and the public was about to see how it worked.
It didn’t – even though staff and city council had been prepped on which buttons to push to record their vote.
At one point the Mayor asked why some of the council members had not logged in to record their votes.
The system puts the issue to be voted up on the screen for the public to see – appreciate that these council meetings are broadcast live via Cogeco TV.
 The issue being voted on appears on the large screen and on the iPads the council members use to cast their vote. After a couple of embarrassing silences the Mayor declared that the vote, which was just to approve the minutes of the previous council meeting, was passed unanimously – they decided to give up on the technology for the evening and move on.
 The Mayors iPad screen lets him know when all the council members have voted. He then enters a command and the results of the vote appear on the screen. Quite why there were nine possible votes was never explained – they just gave up on the technology. Not one of their more glorious moments.
This stuff is not rocket science – it just makes them look a little on the dumb side.
City Manager James Ridge brings a Canadian Army background to his job; more drill needed Captain.
The technology dysfunction isn’t limited to the electronic voting.
During a Standing Committee meeting earlier in the month when there were 11 delegations on one matter – the clickers that allow a delegation to move through a presentation just would not work.
 Ken White did his best to make the clicker he was given by the clerk – it just wouldn’t work for him – nor for anyone else who wanted to present some interactive video. Time and again a delegator would throw their hands up in frustration when the device they were given to use would not perform.
If this were a private company making a presentation to a potential client they would all be fired – and would probably not earn the business they were after either.
These are not difficult problems to resolve – fix them and stop embarrassing everyone.
The production values of the web casts leave a lot to be desired. In a word they are lousy. The images are not crystal clear – put better cameras in place.
We look like buffoons from some hick town where internet access is still via dial up modem
By Staff
January 7th, 20017
BURLINGTON, ON
It’s back to school for everyone on Monday – the students show up sometime before 9 am and parents arrive before 8 pm to enjoy a premiere showing of the new CBC drama Pure on Monday, January 9th in the school auditorium.
Doors open for a meet and greet with the cast and crew at 8 pm and the screening will start at 9pm sharp.
Please join the members of the cast and crew to celebrate this captivating new Canadian television series.
 The first of six part CBC mini series will be premiered at Central high school Monday night. This event is free of charge but the school will be collecting non-perishable items for the food bank as well as donations to the Burlington Central breakfast program. This event is open to the whole community.
Central high school is one of two that were recommended to be closed as part of a reduction in the number of classroom seats in the Burlington high schools.
The community has rallied and is in the process of showing the public that the school is more than a collection of classrooms.
By Staff
January 7th, 2017
BURLINGTON, ON
The body of a male was found by a citizen while walking the exterior area of Nelson high school.
The Halton Regional Police Service investigation has determined that male was thought to be 19 years of age.
The body was discovered at about 9:25 am this morning; Emergency services were notified and responded to the school property. It was determined that the male person was deceased at that time.
 There was blood around the head area of the body. The cause of this head injury is not known and the reason why this person was on the school property is also not known at this time. It appears the male person may have been on the roof of the school at some point in time. The body was found on the ground in close proximity to the exterior of the building.
The Coroner has attended the scene and a post mortem will be conducted on the deceased person in order to try and determine the cause of death. The deceased person is a male and is believed to be 19 years of age. At this time the identity of the male person has not been positively confirmed. Some identification documents were located at the scene. Investigators will be attempting to confirm the identity of the deceased person and to notify his next of kin.
The Halton Regional Police Service would like the public’s assistance with information about this matter. The deceased person was discovered on the west side of the school near Belvenia Road. Any members of the public who observed anything suspicious on the property of the school from Friday January 6, 2017 are asked to contact the police service.
The Halton Regional Police Service is continuing the investigation and are appealing to those who may have any knowledge about this incident to please contact Detective Joseph Barr of the Burlington – Criminal Investigations Bureau at 905 825 4747 ext. 2385 or ext. 2315 or ext. 2305. Contact can also be made by Crime Stoppers at 1.800. 222.8477 (TIPS), through the web at www.haltoncrimestoppers.ca or by texting your message to 274637 (CRIMES).
By Pepper Parr
January 7th, 2017
BURLINGTON, ON
Burlington has always choked when it comes to matters that go to the Ontario Municipal Board.
And yet when the Nelson Quarry took the application for an extension of the quarry on Mt Nemo PERL (Protecting Escarpment Rural Land) fought that battle and managed to win.
 It took $2 million out of the legal department’s budget to pay for the year long tribunal that decided the Jefferson Salamander was important and that an expansion of the existing quarry should not be permitted. It was rural Burlington residents who were the force behind that battle – they opposed an expansion – shown as the lower part outlined. The cost to the city was $2.1 million.
Is Burlington’s problem with the way the planners make decisions and write their reports? Or is the problem with the legal department who don’t effectively read the lay of the land?
Whichever, and it might be something altogether different, there is a problem.
 The city now faces a local developer, the ADI development Group, on two development proposals – the Nautique that they want to build at the intersection of Martha and Lakeshore Road and the two 19 storey apartment buildings with a collection of townhouse they want to build at the edge of the Alton Community just south of the 407 at Appleby Line.
There is an interesting emergence of events that is worth watching.
The Burlington Planners recommended approving the Alton development after a lot of negotiating and the involvement of a deelopment designer in the process. Anne McIlroy’s group has done some solid work for Burlington in the past, quite why she didn’t say this is the wrong place for this project is difficult to understand. One gets the sense that the planners and the design consultant went into the review exercise committed to make it work – when the community was adamant that is just didn’t work.
 Two towers 19 storeys high – in a community made of up two storey homes – being proposed in the name of intensification. Residents didn’t buy it and convinced council to reject a staff recommendation. The Planning department, after considerable negotiation with the developer recommended that city council approve the requested changes to the Official plan and changes to the zoning that had applied to the property.
The result would be a property that was zoned for a possible ten storey height being increased to 19 storeys – and there would be two of them.
 Tammy , planner leading the xxx The community was incensed.
City council did, in their wisdom, vote against the staff recommendation.
Before the ink was dry on the city council decision the Adi Development Group had an application in to the OMB asking for a ruling – they were cheeky enough to ask for an expedited ruling.
When they took their Nautique project to the OMB they argued that the city had not made a decision on the development application within the required 180 days. When that application did get in front of the OMB, Adi, the developer asked for a delay while the city considered what to do with the abutting piece of property Adi had bought which made it a considerably different application.
Adi then asked for a mediation by the OMB. Are you getting the picture?
With this going on in Burlington, the province is doing a review of the way the Ontario Municipal Board operates. Burlington along with many municipalities that want to see some reform made in what the OMB can and cannot do.
The province is holding a consultation on Ontario Municipal Board Reform that has five key themes.
• Theme 1: OMB’s jurisdiction and powers
• Theme 2: Citizen participation and local perspective
• Theme 3: Clear and predictable decision making
• Theme 4: Modern procedures and faster decisions
• Theme 5: Alternative dispute resolution and fewer hearings
The review process details and background can be found here: at:
The Regional government wrote a Joint submission on behalf of City of Burlington, Town of Oakville, Halton Hills, Milton, Conservation Halton, Grand River Conservation Authority, and Credit Valley Conservation that identified three key recommendations, as outlined below:
1. Scoping appeals
Amend the Planning Act to restrict the scope of matters that can be appealed to the Ontario Municipal Board (e.g. municipally-initiated comprehensive and area wide official plan amendments)
Amend the Planning Act and OMB procedures to effectively scope matters under dispute to restrict appeals that are broad and without basis (e.g. require appeal letters to provide a sound planning rationale for the appeal and include specific policy wording and mapping for those changes being requested).
Restrict appeals (especially third party appeals) that implement municipal comprehensive reviews establishing urban structure.
2. Mediation
Amend the Planning Act and OMB procedures to utilize Alternative Dispute Resolution (ADR) as a ‘first’ solution to resolve land use disputes rather than OMB hearings.
Service delivery of mediation – improving timelines to expedite resolutions.
Apply a merit based approach to appeals.
3. De Novo Hearings
As a decision making authority, the OMB currently has the ability to hear land use planning matters “de novo” (i.e. from the beginning) even though the matter was previously considered by a municipal council.
Amend the Planning Act to limit the opportunities for de novo hearings at the OMB and give validity to Council’s decisions on land use matters.
The Halton staff report contained a detailed response to the OMB Review Public Consultation. That document was approved November 9, 2016 and is commonly referred to as the “Halton Joint Submission” signed by Region of Halton, City of Burlington, Town of Oakville, Halton Hills, Milton, Conservation Halton, Grand River Conservation Authority, and Credit Valley Conservation.
Burlington added comment of their own to the Halton joint submission in which they said:
City staff concur with the recommendations of Halton report LPS118-16. Staff have also identified the following additional items for the Province’s consideration:
1. The current time frame before an official plan or rezoning amendment can be appealed to the OMB based on “Non-Decision” is inadequate; extension of the time frame should be extended to 12 months for OPAs and 9 months for rezonings.
Currently, an applicant can appeal a development application to the OMB if Council has not made a decision within 180 days of an Official Plan amendment application or 120 days of a Zoning By-law amendment application being deemed complete.
This was the justification the Adi Development Group used when they appealed to the OMB on the Nautique development at Martha and Lakeshore.
While it is acknowledged that Bill 73 has provided the option of extending the timeline by 90 days for OPA’s, the City remains of the position that this is not an adequate extension.
Burlington is a municipality that is accommodating the majority of its growth within the built-up area of the city. The applications being received within intensification areas are increasingly complex, requiring significant public and stakeholder engagement, as well as supporting technical studies. The current 180 day and 120 day time periods are inadequate for processing development applications in this context.
Further, the current time frames do not consider the realities of internal report review processes or Committee/Council meeting cycles typical in municipal government.
To place a report on an agenda for Committee/Council consideration typically means that the report is complete up to 1.5-2 months previous to that date. This shortens the period of “Non-Decision” even further to a 4-5 month processing window, placing the municipality in an even more unrealistic position for processing complex applications.
The existing 180-day and 120-day time frames have a number of impacts:
• It puts more applications before the OMB, when the ultimate goal should be to keep applications within the local decision making authority where best efforts are being made to resolve issues outside of the OMB system.
• It penalizes a municipality for striving to conduct a meaningful public consultation process.
• It penalizes a municipality for striving to ensure that quality technical submissions are received to appropriately assess an application.
• It places the municipality in the position of recommending a refusal to Council, taking an adversarial position with the applicant, when in fact, there could still be the opportunity and interest in working through the issues with the applicant, stakeholders and community.
• It places the municipality in a position of risk and uncertainty for making best effort to continue work through issues beyond the 180-days/120 days with increased risk of appeal for every day that passes.
• It does not recognize that it might be advantageous for some applicants to only fulfill the requirements for a complete application, with the intention of triggering an appeal so that a decision would be made through an OMB hearing rather than by a local Council.
• It places a municipality in an unrealistic position for processing a complex development application as it does not consider the time it takes to: resolve issues with the application; fill information gaps in technical studies; consult with the public; and consult with stakeholders and agencies some of which have their own challenges in resourcing application review and preparation of comments.
2. Alternative dispute resolution should be supported by additional provincial funding, and not downloaded to municipalities.
The City is supportive of avenues that reduce the need for an OMB hearing and that places more decision making authority within the local context, and is therefore supportive of the alternative dispute resolution process. However, the dispute resolution process also requires resourcing which should be supported by the Province and not downloaded to municipalities.
3. The period in which to conduct an interim-control study should be an automatic 2-year period, rather than a 1-year period and subject to renewal.
A municipality typically only invokes an interim-control by-law planning tool when a significant matter arises. A significant matter, is often a complex matter, requiring time to conduct a study.
Components of a study process include: issue identification and project scoping; potentially outsourced procurement for technical assistance; public and stakeholder consultation; research and analysis; policy analysis; formulation of recommendations; and, preparation of a staff recommendation report to Council. A one year-time frame can be aggressive, particularly if outsourced consulting support is required as part of the study due to timelines and requirements of the procurement process. The study period should be revised to an automatic 2- year period, rather than a 1-year period, subject to renewal.
4. The scoping of matters that can be subject to OMB appeal should be further expanded and clarified.
To avoid the necessity of re-hearing of local Official Plan matters which have already been resolved by the Province or the Board at the Senior Plan level, the Province should specify that the following matters are not eligible for appeal:
• Regional official plan conformity through local official plan amendments;
• Any local official plan or amendment which is designed as a conformity exercise to an approved provincial plan (except for those provisions of the local plan that may be more restrictive than the senior-level plan).
5. Further clarity should be provided on the Province’s proposal to restrict appeals of planning applications for development that supports provincially funded transit infrastructure such as subways and bus stations.
Staff support, in principle, the restriction of appeals for applications that support transit infrastructure; however, staff question how such appeal restrictions would be implemented. There are many aspects of local official plans, such as the City of Burlington’s current Official Plan, which support transit infrastructure, and many of these aspects will be continued in expanded in future planning, such as the new impending Official Plan and the Mobility Hub Area-Specific Planning which is currently underway. Staff question how to feasibility separate out those aspects of a Plan which are transit-related, and therefore not subject to appeal, from other overlapping aspects of a Plan which are designed to achieve other objectives, and which would be subject to appeal.
6. The Province’s proposal to require land use decisions to reflect current Provincial policy is strongly supported.
Since 2007, the Planning Act has required that land use decisions on applications made after that time must reflect provincial policies in place when the decision is made, not when the application is made. The Province is proposing to extend this change by requiring that all planning decisions, including those for applications made prior to 2007, be based on planning documents in effect at the time of the decision.
Staff strongly support this Provincial proposal. At the present time, there are some dormant pre-2007 applications in the City that were originally submitted in anticipation of new future planning policies coming into force. These applications were essentially submitted as “placeholders” in order to ensure that the previous planning regime would continue to apply, and these applications could be re-activated at any time. Some of these applications are incomplete and do not reflect current planning policies and practices. This proposed Provincial change would ensure that decisions on these applications, if and when they are re-activated, would be able to reflect the current policies.
There will be changes made to the way the OMB works in the future but it is going to take some time for the process to actually see a change.
Will any of this impact the two matters that has the city and the Adi Development group battling it out before the OMB. Hard to tell.
There is one small tidbit of information that makes this really interesting. The Ontario Municipal Board is part of the Environment and Land Tribunals Ontario which is now led by Bruce Krushelnicki who was at one time the planner for Burlington.
 Bruce Krushelnicki – former Burlington Director of Planning is now the Chair of the Environment and Land Tribunals Ontario that oversees the work done by the Ontario Municipal Board. The city wasn’t happy with the way Bruce Krushelnicki was doing the job and after ten years with Burlington he moved on.
He now chairs the Environment and Land Tribunals Ontario (ELTO) which oversees what gets done by the Assessment Review Board, the Board of Negotiation, the Conservation Review Board, the Environmental Review Tribunal, and the Ontario Municipal Board.
Burlington lost a fine planner but that is proving to be the province’s gain.
Krushelnicki wrote the textbook on OMB procedures. He will direct the process that reforms the OMB – it will just take some time – but it will get done – properly.
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