 By Pepper Parr
January 9th, 2023
BURLINGTON, ON
When the six council members and the Mayor meet they have an agenda that usually runs into the hundreds of pages.
Many of the items on the agenda are run of the mill matters – Staff reports that have to be filed. They are placed on the Consent part of the agenda and frequently don’t get much, if anything, in the way of discussion and are all passed with a single vote.
What gets placed on the Consent agenda is usually determined by the Committee Chair in conjunction with the City Clerk
 City Council meeting as a Standing Committee. Ward 3 Councillor Rory Nisan seldom attended live – he chooses to take part virtually Set out below are the consent agenda items for the meeting that is taking place today.
3.
Consent Items: Reports of a routine nature, which are not expected to require discussion and/or debate.
3.1 2022 municipal election accessibility report (CL-02-23)
This item has attachments.
Receive and file office of the city clerk report CL-02-23 regarding the 2022 municipal election accessibility report attached as Appendix A.
3.2
Investing in Canada Infrastructure Program – Transit Stream November 2022 intake (CS-03-23)
Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the Corporation of the City of Burlington and the Province of Ontario, in relation to the Investing in Canada Infrastructure Program (ICIP) – Transit Stream, should our applications be successful, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.
 Mayor Meed Ward celebrating the arrival of a new bus in 2020 3.3
Safe Restart Funding Municipal Transit Stream – phase 4 funding This item has attachments.
Authorize the Mayor and City Clerk to execute on behalf of The Corporation of the City of Burlington the transfer payment agreement, and any other ancillary document (s) or amendment(s), between the City of Burlington and the Province of Ontario regarding the Safe Restart Funding Municipal Transit Stream – phase 4 funding, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.
3.4
Senior government funding January status report (CS-05-23)
Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and the Government of Canada, in relation to the National Resources of Canada Zero Emission Vehicle Infrastructure Program (ZEVIP), to the satisfaction of the Executive Director of Legal Services and Corporation Counsel.
3.5
Transforming design and delivery of services – evolution of information technology services (ITS) department – Burlington digital service (BDS) (IT-02-23)
The Gazette dud an article in this – the size of the department is a lot bigger than most of the public expected. Link:
Receive and file information technology services department report IT-02-23 providing background information for upcoming 2023 budget requests and supporting design and evolving organization initiative.
 The Court House that handle Provincial Offence matter for all the Halton Region municipalities. 3.6
Halton Court Services 2023 Budget and Business Plan (L-04-23)
Approve the 2023 Halton Court Services (HCS) budget as presented; and
Contribute $50,000 from net revenues to the capital reserve fund during 2023 to ensure that requirements of the Capital Reserve Fund Policy are met; and
Withdraw $69,000 from the capital reserve fund for computer hard/soft replacements for the computer renewal program; and
The city and its partner (the other Regional municipalities) are asking Ministry of the Attorney General for more Justice of Peace appointments and for those appointments to be in a more timely fashion in an effort to provide a solution to the severe lack of judicial resources.
How much of this stuff needs debate?
Any member of Council can ask that an item be taken off the Consent agenda and debated just like all the other agenda items.
 Anne Marsden, a regular delegator who isn’t always welcome at city hall. She can be difficult, she is persistent, she can be annoying but the city is better off with her than without her. Know about the role she played in the C-Difficile outbreak that resulted in the death of close to 100 people Anne Marsden points out that “Past Councils would remove the item from the Consent Agenda as soon as they knew there would be a delegation. This Council refuses to do that which I maintain is contrary to Procedural By-law .”
She was planning to delegate in the 2022 municipal election accessibility report but had not filed a delegation request to the Clerk because she did not yet have information she needed to complete her delegation because information she had requested from various people, including the City Manager and the City Clerk on November 30th, 2022 has not yet been received.
While this council has gotten into the habit of talking the talk when it comes to the matter of delegations – it does not deliver. It is quite prepared to run rough shod over people that ask questions about matter they see as important.
More often than not councillors do not ask questions of the delegations. To be fair there are numerous occasions when there is some very robust back and forth between a delegation and members of council.
Anne Marsden has a passion about accessibility and is concerned that some people were not able to vote due to accessibility issues.
She wanted to delegate but she may not get that opportunity today. She could return and delegate to council later in the month.
Situations like this do not speak well of a council that uses the words accountability and transparency but regularly fails to deliver.
 By Pepper Parr
January 6th, 2023
BURLINGTON, ON’
The Ontario Land Tribunal issues an order that puts a halt to the plans to redevelop the Waterfront Hotel site.
What was it all about?
There is a short version and a long version of this story.
 Darko Vranich The short version is that the developer, Burlington 2020 Lakeshore Inc., owned by Vrancorp which is controlled by Darko Vranich.
The owners of the Waterfront Hotel, Vrancor Group Inc., made an application to the city for a change to the Official Plan and a change to the zoning of the property which was on Lakeshore Road at the bottom of Brant Street.
The application was filed (all the relevant dates are set out below in chronological order) on October 22nd, 2021.
The Planning department reviewed the application and sent a report to council saying the application was not complete and therefore should not be approved.
This is where the words “made” and “received “become part of the story.
The City argued that “received” and “made” are different words and that it is impossible for an application to be “made” before it is “received” by a Municipality. The City stated an applicant cannot “make” an application until the Municipality “receives” the materials in support of the application.
And that is where the application ran afoul of the rules.
Because between the date that the development was first filed – and found to be incomplete and the date that a complete application was filed the Minister of Municipal and Housing change a key document – which he had the right to do.
That’s the short version. If you like getting into the weeds – read on.
There are three different levels of government involved in the settling of this issue: The province where the Minister of Municipal Affairs and Housing has jurisdiction.
The Regional government which is required to have an ROP (Regional Official Plan) that the Minister of Municipal Affairs and Housing approves.
The city has an Official Plan that must comply with the Regional Plan
 Located at the foot pf Brant Street on Lakeshore Road, the two towers would have loomed over Spencer Smith Park. The development application was submitted by Burlington 2020 Lakeshore Inc. to demolish the existing hotel and restaurant and construct a new mixed- use building in a 2-tower format atop a 5-6 storey podium, with tower heights ranging from 30-35 storeys, and associated underground parking.
The arguments as to whether the application was acceptable were heard by video hearing November 1, 2022 before Ontario Land Tribunal member D. Chipman. Regional Municipality of Halton, Bridgewater Hospitality Inc. and The Pearle Hotel & Spa Inc. were part of the proceedings
While the OLT hearing began when the city brought before the Tribunal a Notice of Motion dated October 7, 2022 it was the events that took place much earlier that brought things to this point.
 This was the Urban Growth Centre boundary in place before the Minister of Municipal Affairs and Housing moved the boundary closer to the Burlington GO station Through the motion, the City was seeking a ruling by the Tribunal that an application “made” under the Planning Act is only “made” once all materials required to be filed with the City
The date the Applications are “made” will determine whether the Urban Growth Centre (“UGC”) policies of the Halton OP apply to these Applications.
 This was the battle ground – a site labelled as ground zero for Burlington by the developers planning consultant. The motion is made in the context of the decision of the Minister to approve ROPA 48 with modifications, pursuant to his authority under the Planning Act. The Minister’s Decision moved the UGC in the Halton OP from Downtown Burlington which included the Waterfront Hotel property, to an area centred around the Burlington GO Station, which did not include the Waterfront Hotel property.
The Minister’s Decision included a transition provision, which deems the UGC policies in the Halton OP continue to apply to applications “made” by an applicant on or before the date of the Minister’s Decision, which was November 10, 2021) If the lands that are the subject of the application (Waterfront Hotel) were within the UGC prior to the date of the Minister’s decision. The development application was deemed to be complete on December 17th.
Chronology:
In August 2020, the City requested that the Region adjust the boundary of the Downtown Burlington UGC to generally align with the lands in proximity to the Burlington GO Station.
February 2021 – Region released ROPA 48 for public review. The draft instrument under consideration at that time proposed to shift the Downtown UGC north and remove the Downtown MTSA with no transition provision for existing applications being proposed.
April 28, 2021 – the City attended a pre-consultation meeting with the Applicant to determine the requirements for complete Applications to facilitate the Applicant’s proposed development on the Subject Property.
May 5, 2021 – a pre-consultation package that was provided to the Applicant which identified materials required to file for the Applications to be deemed complete.
June 9, 2021, and June 16, 2021 – public consultation meetings were held.
July 7, 2021 – Halton Council adopted ROPA 48, which introduces 96 amendments to the Halton OP including Strategic Growth Areas, such as UGCs, Major Transit Station Areas (“MTSA”), Regional Nodes and Employment Areas.
October 22, 2021, Developer files application which included the 29 materials, reports, and studies required. These materials included a Planning and Urban Design Rationale Report, dated October 2021.
October 26, 2021, the Applicant submitted the fees required to be paid to the City in connection with the Applications.
 The Urban Growth Centre was moved north – because of the date that decision was made and the date on which the application to redevelop the hotel site was submitted the future growth in the downtown core will not be the same. November 10, 2021, the Minister approved ROPA 48 with eight (8) modifications, w On
November 10, 2021, the Minister approved ROPA 48 with eight modifications that included the relocation of the UGC from Downtown Burlington to the area centred around the Burlington GO Station which meant the hotel site would no longer be within an UGC or a MTSA..
 Steve Clark, Minister of Municipal Affairs and Housing The Minister’s Decision was final and not subject to appeal
November 23, 2021 – Burlington staff delivered a report recommending that Council deem the Applications incomplete, since certain required information and materials identified in the pre-consultation package had not been provided to the City by the Applicant. These included: (i) a Phase Two Environmental Site Assessment; (ii) a Park Concept Plan; and (iii) an Angular Plane Study.
November 23, 2021– the City notified the Applicant in writing that the Applications had been deemed incomplete on the basis that not all of the information and materials required by the Planning Act and the Burlington OP had been submitted.
December 17, 2021 – The Applicant files the additional information and materials.
December 22, 2021 – Applicant filed a motion with the Tribunal seeking a determination by the Tribunal that the Applications, as filed on October 26, 2021, were made as of that date.
January 18, 2022 – Burlington Council at its meeting of January 18, 2022, deemed the Applications complete as of December 17, 2021
During the hearing Counsel for the City stated that the Applications did not meet the requirements as set out under the Planning Act, prior to the Minister’s approval of Amendment 48 (November 10, 2021). The City stated its position that the Applications, as required by the Planning Act and the Burlington OP were only “made” once all materials been submitted.
The Planning Act and deems that an application is only “made” once it is complete.
City Counsel outlined that this information and material can include, without limitation, the reports, studies and other documents listed in the Burlington OP.
The City submitted that “received” and “made” are different words and that it is impossible for an application to be “made” before it is “received” by a Municipality. The City stated an applicant cannot “make” an application until the Municipality “receives” the materials in support of the application.
It was the City’s position that the Minister’s Decision, made on November 10th, expressly provides that an Official Plan Amendment application is not “received” until all of the information and materials required to be provided to the Municipality are, provided.
Counsel emphasized that the additional information and materials outstanding were provided to Burlington Council through a Planning Report at its meeting of January 18, 2022.
In its decision the Tribunal said: Having been provided a very thorough chronology of the submissions by both the Applicant and the City, the Tribunal prefers the position of the City and in doing so, grants the Motion.
THE TRIBUNAL ORDERS that the Official Plan Amendment and Zoning By-law Amendment applications filed with the City of Burlington by the Applicant Burlington 2020 Lakeshore Inc. with respect to its lands at 2020 Lakeshore Road are hereby deemed to have been made on December 17, 2021, subsequent to the decision dated November 10, 2021, of the Minister of Municipal Affairs and Housing approving and modifying the Region of Halton Official Plan.
That was it. To proceed with the development Vrancorp would have to file a new application.
Expect the Tribunal decision to be appealed – in the meantime nothing gets built – no shovels in the ground.
But maybe an opportunity to take a deeper look into just how Waterfront Hotel site can best be developed to keep everyone happy.
Related news stories:
Are there other options?
By Pepper Parr
January 3rd, 2023
BURLINGTON, ON
When Kelvin Galbraith was elected as Councillor for ward 1 in 2018 he would not have known what Tom Muir and some of his friends meant by engagement and representation.
 The understanding is that the ward councillor will have a conflict of interest on any development that takes place within the MTSA boundary It didn’t take long for Muir to “engage” with his new ward Councillor.
In the first meeting, weeks after the election, the small group set out all there concerns:
Re-establish North Aldershot Leaders Group engagement plan.
Re-establish overall Aldershot engagement plan. This includes several general meetings a year for South Aldershot and North Aldershot, and a monthly newsletter.
Form an overall Ward Council for Aldershot area, South Tyandaga, and North Tyandaga. They are much different vintages with different histories and development issues, but we still need an overall Ward 1 solidarity group. This is an overall Ward 1 wide group and is meant as a citizen information resource to the Councilor, and for issues discussion and exchange. The term of 4 years is a long time and we need such a group for the long haul.
We want our Councillor to openly and transparently communicate and act on behalf of residents. Take residents’ concerns seriously as your duty and reflect these at City Council meetings.
Conflict of Interest, ethical questions and issues; personal property ownership and development ties; recusal and loss of Ward 1 resident Council voting representation.
 Tom Muir likes being involved and brings more energy, and a critical mind, the development that takes place in his community. For a ward councillor to decide he will not communicate with a constituent is mind boggling. Muir said that he has not talked to Galbraith since January of 2020 just before Covid. “He told me he would not work with me because of something I wrote in a comment in the Gazette.
Fast forward to the 2022 election. Galbraith was re-elected but not without some controversy.
Galbraith met with the Integrity Commissioner in March of 2022 and learned that there were likely going to be conflict of interest matters given his personal property holdings and set out what they were and how Galbraith should handle them.
The report from the Integrity Commissioner was not made public until days before the October 2022 election.
Muir had filed a complaint with the Integrity Commissioner that resulted in a report that satisfied no one.
Muir continued doing what he does – he is like a dog with a bone.
He makes a practice of taking part in all the Aldershot community pre-application meetings developers are required to hold under the Planning Act. These are referred to as Statutory meetings.
The meetings are publicized by the ward Councillor and do appear on the city web site by the Planning department. Muir depended on getting the information from his ward Councillor.
The issues for Muir and the group is that the ward will not be adequately represented when the MTSA (Major Transit Service area) matters are before Council
Muir claims that the Aldershot MTSA “will have impacts on the development potential of your properties, the value of those properties and the eventual profitability of those properties.
“You may have to recuse yourself from all debate/discussion and decisions with regard to the Aldershot MTSA. This is a major feature of Planning for Ward 1. Your inability to represent your constituents on this most important matter is of grave concern to us.
“Applications for Planning/Zoning Amendments along Plains Rd are often regarded as precedent setting cases which determine future decisions of Council, Staff and the OLY (Ontario Land Tribunal. These precedents will have impacts on the development potential of your properties, the value of those properties and the eventual profitability of those properties.
You may have to recuse yourself from all debate/discussion and decisions with regard to Planning and Zoning Amendments. With so many Amendment Applications currently in process in the ward, your inability to represent your constituents on this most important matter is of grave concern to us.
 The properties that are within the MTSA boundaries are show in this graphic. Locations A., C and D are identified as owned by Galbraith Changes to Transit Plans and Transit routes even, whether to improve or reduce transit in the area have well recorded impacts on property values adjacent to such transit corridors. Improved or reduced transit to the Aldershot Rd/Plains Rd corner will have impacts on the development potential of your properties, the value of those properties and the eventual profitability of those properties.
You may have to recuse yourself from all debate/discussion and decisions with regard to Planning and Zoning Amendments. With so many Amendment Applications currently in process in the ward, your inability to represent your constituents on this most important matter is of grave concern to us.
We are concerned that having to recuse yourself from so many of the most important issues facing our ward in the coming council session will detract from your ability to best represent us particularly when decisions may pit development in one ward against development in Ward One.
Can you tell us how you will address this?
 Ward 1 Councillor Kelvin Galbraith In December of 2022 Tom Muir learned just how Kelvin Galbraith planned to address the Muir concerns. He received the following from Galbraith on Sunday, December 11, 2022 3:18 PM
“You will receive no further communications from my office.”
Muir was stunned, as were the few people who were aware of the Galbraith decision. He got in touch with Mayor Meed Ward who said “Council members, as well as city staff, can limit their interactions with individuals where deemed necessary.
“The Mayor’s office has neither the authority nor the resources to investigate such situations, or the interactions that led to them. There are established and appropriate avenues for making a complaint, of which you are already aware.
“There are many ways for you to remain connected to news in your Ward, including subscribing to council newsletters and following council members on social media. You can also watch and attend committee and council meetings to see how your elected officials voted and why.”
So much for being fully engaged with the people Council was elected to represent.
 By Penny Hersh
December 30th, 2022
BURLINGTON, ON
I have done some investigation regarding the ability for pharmacists to prescribe certain medications.
This will not be an easy transition. One pharmacist I spoke to indicated that they “were still in the queue” to be registered with the Ontario Government. “There is a lot of paperwork and training that is required prior to being able to prescribe this medication”.
Another pharmacists indicated that they are hoping to be able to start doing this as soon as possible after January 1st. The pharmacies have to be able to sync their computer system with the government’s lab systems. When doing this they will be told which medication should be prescribed. THERE WILL BE NO CONSULTATION FEE PAID FOR BY THE PATIENT- the government will pay the pharmacies for this.
 Burlington MPP Natalie Pierre: yet to say very much to the community about anything. My question to the pharmacist was would third party insurance companies recognize the pharmacist as a provider? His answer was he did not know, and would only find out when they send in the request to the insurance company.
I have emailed Natalie Pierre who is the MPP for Burlington to ask this question? I have also emailed my third party insurance company for an answer.
Seniors will have no issue as the pharmacy will be automatically accepted as a provider ( providing the prescription is one that falls under the government’s acceptance – some medications are not included).
Yet again, the government has claimed to make things easier for Ontario patients, but has failed to provide the necessary training etc. for this program to be rolled out by January 1st, 2023.
 By Pepper Parr
December 13th, 2022
BURLINGTON, ON
It would be nice if they could get it right the first time.
Collin Gribbons., part of Bfast, the people who keep a close eye on all things transit advises us that:
“We have received confirmation from Burlington Transit that there will indeed be service on Dec. 25-26 and Dec. 31-Jan. 1.
The service advisory applies only to the downtown terminal and specialized dispatch services.
“If you check their website, you will find that they’ve revised the notice to state clearly that transit service will be provided throughout the holidays.
“Catherine Baldelli, Director of Transit, told us they would provide a clarification.”
The Gazette went with the notice the city sent out.
The information on the Transit web site could have been clearer.
To be clear – the service is the same. Holiday/Sunday Service schedules will be in place it is the location – Downtown terminals that will be closed and the Dispatch service that will not operate.
By Staff
December 12, 2022
BURLINGTON, ON
Schedule for transit services during the holidays.
The city has gone back to the old schedule where you couldn’t go anywhere by transit on Christmas Day.
This isn’t what most people understood as inclusive.
 The people who use transit for the most part don’t have a choice. They will have a tough time visiting with family.
By Staff
December 8th, 2022
BURLINGTON, ON
The recommendation that came out of the Standing Committee earlier this week was to approve the 2023 rates and fees as outlined in finance department report effective January 1, 2023 unless otherwise indicated.
The debate on the fee increases was robust at the Standing Committee earlier this week.
Expect some changes to what is set out below.
The common thread throughout the report was to increase almost everything by 3% to align with inflation.
Marriage license fees were not increased – but that was about it on the no increase column.
City staff undertakes an annual review of rates and fees. The results of this review have been incorporated in the 2023 City of Burlington Rates and Fees. Many services are proposing an average of a 3% increase to rates and fees to balance the impact of inflation with the desire to keep rates affordable for residents and user groups who are also feeling the impact of inflation. Some areas have undergone a comprehensive fee review in 2022 resulting in increased rates, and as such are holding 2023 rates flat.
The COVID-19 pandemic continues to impact many and several areas continue flatline fees to extend financial relief where possible.
Strategy/process
The rationale for charging user fees is that those who clearly benefit from a service should be the ones to pay for it. User fees form one of the most significant portions of revenue earned by the City after property tax revenues. To mitigate property tax increases, the City of Burlington has been proactive in ensuring that the services provided by the City reflect a high level of cost recovery to the greatest extent possible while balancing affordability and providing access to services.
A summary of the proposed fee changes for each service is listed below:
A City That Grows
• Community Design and Development Review
A Comprehensive Fee Review was conducted in early 2022. As a result, a new fee schedule was implemented. The Site Plan Admin Fee, which was previously a standalone fee, is now captured in the Planning Application Fee. The new rates and fees are effective January 1st, with a proposed 3.0% indexation to offset the impact of inflation.
• Building Code Permits and Inspections
The Building Code Act (BCA), 1992 provides municipalities with the authority to collect fees to fully recover the cost of administration and enforcement of the BCA and the Ontario Building Code (OBC). Regulations made under the BCA/OBC outline the details of what can be included as part of the cost including direct and indirect costs, and provisions for a reserve fund. The basic principle for providing building permit and inspection services is: “Fees for Service.”
Rates and fees within the Section 6.11 of the City of Burlington Building Permit By-law 66-2019 as amended, are indexed to the overall % increase for the total Human Resource expenditures as approved in the annual budget in relation to the Building Section and are to be adjusted annually on February 1st. Flat fee rates shall be rounded to the nearest dollar amount (increments of half dollar shall be rounded up). All other fees shall be rounded to the nearest cent.
City That Moves
• Transit
Cash fare will remain the same for 2023 at $3.50 for all age groups. Riders can take advantage of age-based concessions using a PRESTO card, which is the preferred fare payment method.
To align further with Metrolinx fare concessions, Burlington Transit is continuing to use the loyalty program. Instead of selling monthly passes, riders will be charged for each ride up to 39 rides. If they go beyond 39 rides, there is no additional fares taken for the month. This was identified as an enhancement to the fare payment program due to COVID-19 in March 2020. This approach ensures that riders are only charged for what they use.
The goal by 2024 is to align the loyalty program with Metrolinx, by which the number of rides required for loyalty will be 40 rides. Each year an additional ride will be added to the Loyalty rates.
In 2022, credit and debit card payment were added as a payment method for fare payments. Credit and debit card charges align with the cash fare fees.
The Conventional and Specialized Charter rates were increased by approximately 3% to $138.65 per hour to account for increased fuel and maintenance costs.
• Traffic Operations Management
A proposed increase of 3% in 2023 has been applied to all fees to account for inflation.
• Parking
Parking Services intends to review costs with the planned implementation of the City- wide permit system in 2023. As such, no increase to the Neighbourhood On-Street Parking Program (NOSPP) and Private Property Agency Officer fees are proposed at this time.
• Roads and Structures – Design and Construction
Tender Fees have increased by 2% to be in line with neighbouring municipalities while remaining competitive. The Trench Excavation and Driveway Modification Permits have increased by 3% to cover the increase in staff time required with the utility corporations. The Curb Cut permits have increased by 3% to cover the anticipated increase to the curb cutting contract and administrative support.
Fees associated with occupying space within the City’s right-of-way have been implemented to administer conditions for approval and compliance enforcement.
• Roadway and Sidewalk Maintenance
Upon completion of a market scan and to align with inflation rates, an increase of 3% in 2023 is proposed for the windrow program.
A Healthy and Greener City
• Recreation, Community and Culture
With a focus on increasing participation and fostering a sense of belonging for all residents, rates and fees are determined by community needs, customer feedback, participation rates, and market trends and competition.
Rate owners performed a market analysis to determine Burlington’s competitive position. Rates were evaluated and compared to neighbouring municipalities such as Oakville, Hamilton, Halton Hills, Guelph, and Milton to ensure reasonability. For 2023, there is a continued focus on keeping rates affordable to encourage participation for everyone.
Proposed Rate Increases:
• 3% average increase for Music, Teen Tour Band & Student Theatre
• 2% increase for Festivals & Events
• 3 % increase for Arena Ice & Floor
• 3% increase for School Board amenities
• 3% increase for Sport Fields & Turf
• 2% increase for Older Adult Drop-In Programs
• 2% average increase for Aquatics Recreational Programs
• 3% increase for Outdoor Pool rentals
• 2% increase for Skate & 3% for Shinny
• 3% average increase for Youth, Teen & Preschool Recreational Programs
• 3% increase for Tyandaga Memberships & Green Fees
• 3% increase for Indoor space rentals (Meeting Rooms, Gyms, Auditoriums & Equipment)
• 2% increase in Advertising (Arena Boards & Flyer Slots)
New Rates
• Neighbourhood Park Events in Open Spaces for non-profit & commercial
• Destination Park Events in Open Spaces non-profit & commercial
• Elgin Promenade standard & commercial / non-resident Rate Delivery Changes:
• Youth, Teen & Preschool Recreational Programs have been replaced with an hourly rate structure to provide more programming flexibility. The overall cost of the program to customers remains unchanged
• Bistro Services shown at 100% cost recovery – the program is still offered, and prices change based on the fluctuating cost of food
• Discontinue Aquatics Leadership Practice drop ins and replace with existing Leadership Sessions which are proving to be more successful as they offer onsite Aquatic staff to support and coach candidates
• Discontinue Park rentals and replace with new rates Neighbourhood and Destination Park Events
• Discontinue Student Theatre Summer or Spring Salute & Senior Show Ticket and continue to offer show tickets in conjunction with BPAC partnership with rates based on time of purchase
• Discontinue Tyandaga golf lesson packages and continue to offer lessons through a third-party partnership
• Discontinue Tyandaga tournament and league play cart rates and replace with regular cart rate
Discontinued Rates
• Discontinue & remove Tyandaga 40 game and cart discount packages, larger discounts not required due to increase in overall demand
• Parks and Open Space Maintenance
An increase of 3% in 2023 is proposed for the adopt-a-bed program and the downtown planters. Rates had been flatlined during the pandemic, so the increase is necessary to account for an increase in material costs and inflation.
• Urban Forestry
Forestry staff completed a comprehensive review of the private tree by-law in 2022 with changes to rates and fees coming into effect during the 2nd quarter of 2022. For 2023, a 3% increase to public tree permits is proposed.
• Cemetery
An increase of 3% is proposed for cemetery services to align with the increase in inflation.
• Surface Water Drainage
For 2023 it is recommended that the fees related to Site Alterations be increased by 3%. Fees related to Storm Sewer Discharge permits were established in June 2022 and are recommended to stay at the 2022 rate. Increases for these fees will be considered for 2024.
A Safe City
• Fire Emergency Response and Prevention
The objective of the rates and fees billed by Fire Protection and Prevention Service is to promote and support fire safety in the community, encourage Fire Code (O.Reg.
213/07) compliance, decrease emergency incidents, mitigate costs incurred due to non- compliance, additional costs incurred at an incident, and for any services or activities provided or done by or on behalf of another municipality (Municipal Act, 2001). There are no rate changes proposed for 2023.
• Animal Services
The primary reason for inflationary increases in Animal Services is to keep fees consistent with City administration and enforcement costs. Some fees have traditionally been adjusted annually for inflation while other fees have been more comprehensively reviewed against costs and market rates for equivalent service(s).
Fee increases vary by each service type and reflect a 3% increase, with some fees being rounded to the nearest dollar. This increase is in line with current inflationary costs due to economic pressures and the associated costs with obtaining supplies necessary to keep the shelter operating.
• Municipal By-Law Enforcement
No changes proposed for existing enforcement fees as major review was conducted in 2021 and fees were updated at that time.
• Licensing
Licensing rates and fees have been flat-lined to the 2022 fees to provide further financial relief to Burlington businesses still recovering post-COVID-19.
Good Governance
• Corporate Legal
In September 2022 the Community Benefit Charge (CBC) was adopted to respond to legislation. As part of the process, developers have the option to dispute the charge and seek a second appraisal. If the developer’s appraisal exceeds the City appraisal by 5%, the developer must select an appraiser from the City’s list of appraisers to perform a final binding (third) appraisal, with the owner being responsible for the full cost of the appraisal.
All other Corporate Legal fees remain unchanged for 2023.
Enabling Services
• Financial Management
Finance staff have reviewed fees to ensure that the City’s rates are reasonable, appropriate, and comparable to other municipalities. As a result, the Financial Management Service rates have remained unchanged for 2023, except for three fees, specifically; Tax Certificates has been increased approximately 3.00%, from $55.00 to $56.50, Administration Charge for Returned Payments (NSF) increased by 12.5%, from $40.00 to $45.00 and Administration fee for Ownership Changes increased by 14% from $35.00 to $40.00.
• Service Burlington
Clerks annually reviews fees across area municipalities to ensure the City’s fees are in line with other municipalities. As a result:
• Commissioning Services and Burial Permits: No proposed increase. These fees are in line with area municipalities.
• Marriage License Application: No proposed increase. These fees are in line with neighbouring municipalities
• Group Home fees has not been increased since 2012 and the city is significantly below area municipalities. Last year we proposed a 25% increase spread out over 5 years which resulted in a fee increase of 5% per year. This would be the 2nd year of the recommended 5% increase.
• Routine Disclosure: These fees are in line with fees charged through Municipal Freedom of Information and Protection of Privacy ACT. Clerks is not proposing any fee increases for these services.
• Certified true copies – new fee established to be in line with neighbouring municipalities. Added this year due to increased prevalence of public requesting charges and subsequent need for cost recovery, the clerk is required to provide certified true copies of city owned documents in accordance with the municipal act section 253(2), and Council may establish a fee.
• Legislated FOI fees (search, preparation, photocopy, external storage device, computer costs) added in accordance with MFIPPA Regulation 823 section 6 and
6.1. The fees have been added for formal Council authorization to charge the legislated fees prescribed under MFIPPA regulation, aligning with neighboring municipalities.
• Sign Production Service
An increase of 3% is proposed for sign production services to align with the increase in inflation. Six new fees are being added to satisfy customer demand and broaden the sign offerings to the public
• Geographic Information and Mapping
Where applicable, existing fees are proposed to increase by 3% for inflationary reasons. Printing services are no longer offered by this service area and have been removed.
Document retrieval of all plan types has been grouped into one activity.
• Corporate – City Wide Charges
Corporate fees reflect items charged across city services. Fees are centralized to ensure consistency in charging across the organization. There are no proposed fee increases to corporate fees for 2023.
Rates and fees are reviewed annually by City staff and adjusted where appropriate to reflect cost increases while ensuring that market conditions are suitable for the adjustments.
By Staff
December 3rd, 2022
BURLINGTON, ON
The following was posted on the Molinaro Group web site.
There was a time when the Molinaro’s had a very strong, positive working relationship with the Mayor, most of city council and the planning department. They were seen as one of the more responsible developers in the city – the group that gave Lakeshore Road the look it has when they built Buntins Wharf, Harbour View and 360 Pearl. Things appear to have changed.
How Paradigm Grand became an Underdog Story
The original vision behind Paradigm Grand can be condensed into a few simple concepts, all of which now seem prescient in retrospect. The Molinaro Group saw underdeveloped land in an underrated midtown area of a still unheralded mid-sized city, and believed a master-planned lifestyle community was the right fit. Very few people agreed, at first.
With 2023 on the horizon, a swirl of emotions is coursing through the leadership team at the Molinaro Group as they prepare to flip the calendar and watch The Grand Finale of the Paradigm project march toward completion.
 Putting the base in place called for tonnes of re bar and concrete. The cost of both has created a serious sales and marketing problems. “We’re feeling joy, excitement, gratitude, and perhaps the slightest hint of redemption,” said Sam DiSanto, Managing Director of the Group.
While most of those emotions are obvious, “Redemption” requires some background.
Sam continues: “Back in 2008, apart from us, there were very few believers in a residential project on Fairview. That whole area was meant to be big box land. We had a vision for something entirely different. But it took a lot of work to get others to see it, too.”
And as Group President Vince Molinaro has shared, “We definitely saw something other developers, and even the city, just didn’t see… but we knew our concept would work. So, it feels great to know how well buyers and the city, as a whole, have gotten behind our concept at this location.”
 Site supervisor keeping an eye on the pouring of concrete as the Paradigm development reaches grade level. Location, in this case, was more than just a piece of land. It was also the site for a massive investment to create a transit hub, including GO trains and bus service.
“The transit element is a very European approach, and because all three of us have travelled throughout Europe together, we saw this kind of residential development in a lot of cities,” said Robert Molinaro, Executive VP at Molinaro. “It just made sense to bring this idea to Burlington.”
Even Great Ideas Face Opposition
Despite its being an ambitious, long-term, high value development, the likes of which the city had never seen before, Paradigm faced various degrees of resistance; what some might call NIMBYism. Oddly, the backyard for Paradigm was a railway corridor.
“Objections often come from being ill-informed or misinformed so, we made a huge effort to share the vision and to detail its many benefits to the city,” said DiSanto. “And even that wasn’t always enough.”
Now, almost 14 years since inception, it feels strange to see the real estate industry and governments at all levels, under fire for not building enough housing of all kinds to satisfy the demands and needs of buyers.
“We have pent-up demand from new Canadians and the frustrated offspring of current homeowners anxious to fulfill their own dream of home ownership, pinched by a market with too little inventory and daunting prices throughout the Golden Horseshoe and beyond,” said Linda Davies, Founding Broker of Davies Condos, the Molinaro’s long time exclusive broker for Paradigm.
“We’re the last people to say ‘we told you so,’” said Robert Molinaro. “Far from it; but we were convinced Burlington was a diamond in the rough with untapped potential as a vibrant, desirable place to live, work and raise a family.”
And it would be on a vacant lot, in what the Molinaro Group actually named ‘midtown,’ that the perfect spot existed to execute a grand vision. One that would see an ultra-modern condominium development that would come to be a new standard for Burlington.
Sam DiSanto says the driving force behind the origins of Paradigm can be distilled to a single word: patience.
“When we started looking at that property it was 2007. We knew transit was going to be extremely important,” he said. “So, we strongly encouraged the landowners to have the site re-zoned for mixed use and residential. At first, they disagreed but eventually took our advice. And when the zoning was in place, they reached back to us and we jumped on the deal. The rest is history.”
A Done Deal, Almost Undone
 The three towers at the back of the development were sold out very quickly. Delays have kept construction starts low – with costs and mortgage increases creating a difficult situation. History had to wait. As the first Phase of Paradigm sold out, consisting of three towers at the north end of the property, plans were already well underway – and mostly approved – to begin the launch of the remaining two towers that would front onto Fairview.
But the election cycle in local politics took over and more delays were put in place that delayed the launch of Paradigm Grand for over two years.
It’s pure speculation, but one has to wonder how that delay impacted the market of eager buyers then who are now facing higher prices and equally higher financing costs.
“These things happen and while they are frustrating, we stayed focused on the future and kept working with the city to move the final phase forward,” said Robert. “And that patience paid off when we got the green light to move ahead about a year ago.”
Solving the current housing crisis will take even more resolve and imagination in the years ahead. Based on today’s media headlines, it seems certain demand will only rise.
“The vision we had 15 years ago wasn’t based on a precise prediction about what’s going on today,” said Vince. “But we always look ahead, so our concept at Paradigm was right back then and now, with Paradigm Grand moving forward, it’s even more so now.”
By Pepper Parr
December 4th, 2022
BURLINGTON, ON
At the beginning of each term, the Mayor provides recommendations to Committee and Council for appointments for Committee Chair & Vice Chair; Deputy Mayor rotation; and Agencies, Boards & Committees.
This term Mayor Meed Ward has found a way to allow members of council to grow their skill sets. In the past she had some difficulty getting her colleagues on side with a plan to make the role of Deputy Mayor more than what was a ceremonial fill in for the Mayor.
She has created the role of Deputy Mayor with portfolio, to leverage the skills, backgrounds and interests of council in specific areas of focus that align with the city’s Vision to Focus Strategic Plan and ongoing initiatives and priorities.
There will still be a need for the regular Deputy Mayor rotation for ceremonial events and emergencies, should the Mayor not be available.
Outlined below are:
1. Deputy Mayor with Portfolio proposals for the term
2. Deputy Mayor for Emergencies/Ceremonial rotation for the term
3. Chair/Vice Chair rotations for the term
4. Proposed appointments to Agencies, Boards and Committees for the term.
1. Deputy Mayor with Portfolio:
The Deputy Mayor with Portfolio is a new model of governance for this council.
The roles will evolve as the term progresses. Each member is encouraged to make the role their own and build on it, in conversation with the Mayor. The Deputy Mayor will lead on initiatives and work closely with the Mayor and the Mayor’s Office on the areas of focus in their portfolio, and with other Deputy Mayors where their portfolios include complementary activities.
Whatever the Deputy Mayors propose it is clearly going to have to meet the Mayor’s agenda – nothing new there.
All roles will include:
• being the point person for community liaison on these items
• leading on motions or resolutions to committee & council
• participating in intergovernmental meetings & delegations
 Kelvin Galbraith Deputy Mayor for Business & Red Tape Reduction: Ward 1 Councillor Kelvin Galbraith
This assignment builds on Councillor Galbraith’s extensive experience as a business owner, and the Co-Chair with the Mayor of the Red Tape Red Carpet Task Force established in the last term of council. The portfolio will include:
• Reviewing progress from the Red Tape Red Carpet Task Force – those meetings have already begun
• Co-sponsor on planning process improvements & legislative changes (with the Deputy Mayor for Housing), to get more housing, built faster at our strategic areas like aging retail plazas and our GO stations
• Cutting red tape for all businesses, and our rural area, to ensure a robust agricultural economy.
• Participating in intergovernmental advocacy on planning and legislative changes related to housing, economic development and quarries.
 Lisa Kearns Deputy Mayor for Community Engagement & Partnerships. Ward 2 Councillor Lisa Kearns
This assignment builds on Councillor Kearns’ experience in resident’s groups even before being elected, her professional experience in corporate stakeholder management, and her Institute of Corporate Directors governance designation. The portfolio will include:
• Reviewing our current community engagement models, including our advisory committee structure, with a view to community capacity building.
• Liaising with our partner agencies/boards/committees on governance, and ensuring strong connections with the city, and council
• Co-sponsor with the Deputy Mayor for Recreation & Community Services on community funding opportunities at the City and Region and private sponsorship opportunities for city projects.
 Rory Nisan Deputy Mayor for the Environment: Ward 3 Councillor Rory Nisan
This assignment builds on Councillor Nisan’s experience bringing the Climate Change Emergency Declaration last term of council, and his advocacy on transit. The portfolio will include:
• Implementation of our Climate Action Plans
• Implementation of our Integrated Mobility Plans, including transit, cycling and walking
• Restarting discussions with the school boards on free transit for students, which was put on hold during COVID.
• Participating in intergovernmental advocacy on transit and quarries.
 Shawna Stolte Deputy Mayor for Housing: Ward 4 Councillor Shawna Stolte
This assignment builds on Councillor Stolte’s passion for attainable housing, and her experience as Chair of the community Working Group on Housing this past term. The portfolio will include:
• Implementation of our housing strategy which includes affordable and attainable housing
• Building on the work of the Burlington Lands Partnership to leverage new land acquisition for housing, where appropriate, including surplus school sites
• Liaison with Halton Region on assisted housing
• Co-sponsor on planning process improvements & legislative changes (with the Deputy Mayor for Business & Red Tape Reduction), to get more housing, built faster
 Paul Sharman Deputy Mayor for Strategy & Budgets: Ward 5 Councillor Paul Sharman
This assignment builds on Councillor Sharman’s extensive experience as a professional accountant and internationally known instructor for strategy and business process improvements. The portfolio will include:
• Oversight of implementation of our Vision to Focus strategic plan
• Development of Key Performance Indicators and progress reports so we know how we’re doing
• Guidance on process improvements and culture change across departments
• Expert advice and assistance with multi-year budget preparation
 Angelo Bentivegna Deputy Mayor for Recreation and Community Services: Ward 6 Councillor Angelo Bentivegna
This assignment builds on Councillor Bentivegna’s decades of volunteerism in our community, including with the hospital, sports clubs, and the Gift of Giving Back – Canada’s largest youth-led food drive. This also builds on his work on our Accessibility Advisory Committee and Inclusivity Advisory Committee. This portfolio will include:
• Involvement in the review and implementation of our Recreation and Cultural Master Plan, which will occur this term. This review will determine park needs and community amenity needs going forward
• Liaising and support to the charitable sector, and connecting non-profit organizations with City Hall and City Council
• Promoting community pride and inclusion. This includes new ways to support all our diverse communities and cultures within our city and region
• Co-sponsor with the Deputy Mayor for Community Engagement & Partnerships on community funding opportunities at the City and Region and private sponsorship opportunities for city projects.
By Staff
November 22nd, 2022
BURLINGTON, ON
 Exploring a classroom. Starting school is a big step for children and parents/guardians.
The Halton District School Board wants to make the transition to a classroom as smooth as possible when the first year of kindergarten approaches.
. This fall, the HDSB is welcoming future students and their families to a virtual Kindergarten experience to learn more about making the first school experience a happy one.
The HDSB has set up a part of its web site where three-year olds can explore a Kindergarten classroom to see what their future classroom might look like next September. There are videos to watch, pictures to view and fun activities for kids. Parents/guardians can learn about the Kindergarten program at the HDSB, play-based learning, community resources in Halton and before-and-after school care. Families can also sign-up to receive a welcome package from the HDSB including a free children’s book.
Registration for Kindergarten begins in January 2023 and will be by appointment only (in-person and/or virtual) through the school your child will attend.
Further information will be shared in the new year. To begin Kindergarten in September 2023, children must be four years old by Dec. 31, 2023 for Year 1 Kindergarten and must be five years old by Dec. 31, 2023 for Year 2 Kindergarten.
By Pepper Parr
November 17th, 2022
BURLINGTON, ON
The private sector does know how to spot an opportunity and make the best of it.
Students are having a very difficult time of it in Ontario.
The inability of the provincial government to settle with the educational workers has parents wondering just what they are going to do next week.
The violent events at some high schools is a direct result of young people who are unable to cope with the changes that are before them.
The issues are significant for parents – profound for students.
Discover Year, an organization with a certified Canadian post-secondary program is hosting an online presentation in four locations, one of which is in Burlington
Their annual Open House experience puts a focus on the needs of students, parents and educators from across Canada and the United States — during a uniquely challenging time.”
The Burlington OPEN HOUSE will take place at the Halton Industry Education Council-Career Centre located at 5230 South Service Road, Burlington, ON
Arielle Gatotos, a Burklington resident who took part in a Discovery Year will be attending and presenting at the event. Arielle was born and raised in Burlington and graduated from the Discover Year program in 2020. She is now a Discover Year Ambassador and attending the University of Ottawa for communications studies.
Discover Year supports young adults to gain the life skills and experience needed to thrive in school, work and beyond, through structured and meaningful gap year programming that includes: workshops, mentorship, service initiatives, work terms and travel.
 Some of the literature on the Discover Year is not as complete as it could be. There is an OPEN HOUSE taking place in Burlington “The past two years have had a significant impact on young adults, many of whom have lost critical connections, opportunities, skills, and experiences,” adds Gosselin. “As a result, the option of a structured gap year to help students recapture dormant skills, ease the transition between high school and post-secondary studies, and prepare for their future careers — is vital.”
Discover Year has held Open House events that welcomed students, parents and educators from across Canada and internationally during its Fall Open House.
During the 2022 Fall Open House, attendees will be able to meet and learn from current Discover Year students, mentors, parents, staff, and alumni, through small-group discussions, networking opportunities and presentations — both in-person and virtually.
Applications for admission to Discover Year’s 2023-24 program will begin following the Fall Open House.
Discover Year is a one-year life skills program that helps young adults better understand what they want in life and build the skills they need to go out and get it. Through essential skills workshops, work terms, travel, mentor-ship, and community service, our students build stronger self-awareness, confidence, communication skills and resilience to thrive in whatever education or career path they take.
More information
By Pepper Parr
November 16th, 2022
BURLINGTON, ON
During the Inaugurations of the 2022-2026 city council last night Mayor Marianne Meed Ward announced the creation of Deputy Mayors with each member of Council having a specific portfolio.
She likened these to federal Cabinet level portfolios
 Ward 1 Councillor Kelvin Galbraith being sworn in Ward 1 Councillor Kelvin Galbraith will be responsible for the removal of red tape, better delivery of permits and working with the agricultural community to ensure a robust agricultural economy.
Ward 2 Councillor Lisa Kearns has been given the Community Engagement and Participation portfolio where she will review the current community engagement model and the Advisory Committee model. Working with the Recreation portfolio Deputy Mayor is included in the work Kearns is expected to do.
Rory Nisan is Deputy Mayor for Environment will focus on the role of Conservation Halton, overseeing the Climate Emergency matters and transit.
He will wok on the Climate action plan and restart conversations with the Boards of Education on free transit for students.
Ward 4 Councillor Shawna Stolte has the Affordable Housing portfolio which is a natural extent ion to the work she did during her first term. She will work on the implementation of the housing strategy and liaise with the Region on affordable housing.
Paul Sharman, Councillor for ward 5 will handle the Budget and Vision to Focus, which is the four year focus on the 25 year Strategic Plan. He will also focus on KPI’s (Key Performance Indicators) and other measurements on how will the city is doing. Multi year budgets will also be part of that portfolio,
Councillor Bentivegna will be Deputy Mayor for Recreation and community service and the city’s relationship with the hospital. He will also oversee the Recreation and Culture Master Plan which Council expects to complete this year.
What Mayor Meed Ward did not expand on is how the work each Council member does as a Deputy Mayor will be integrated into how Council operates and how they will work with Staff.
 Mayor Meed Ward after being sworn in. City Clerk Kevin Arjoon on the right and Justice of the Peace Mark Curtis She did say that there will be close collaboration between her and the Deputy Mayors.
Meed Ward has worked to create stronger roles for the members of Council. During her first term she was not able to get the support she wanted from the members of Council who seemed to see being Deputy Mayor as the first step to eventually becoming Mayor.
Her announcement is an interesting evolution of the role members of Council play in the creation of policy and program initiatives.
The Inauguration was actually a meeting of Council that was certainly not what the public has been used to seeing. The Burlington Teen Tour Band led the parade of Councillors in the Main Theatre of the Performing Arts Centre and led them out when the meeting was adjourned.
Hayley Verrall sang the National Anthem – it was very well done.
 The 2022-2026 City Council. Councillor Shawna Stolte was absent, taking part virtually while she recovers from Covid18
BY Staff
November 8th, 2022
BURLINGTON, ON
The battle to get an acceptable wage for the education sector support works has been very public.
Not so with people who do not have a union to represent them.
 2,200 GO bus drivers walk off the job We received the following yesterday from Jennifer B, we are withholding her last name. We have not touched the language.
“Your Go transit drivers should get a dose of karma. They went on strike today cause they don’t think they are getting paid enough
“Shame on their strike.T hanks to their greedy behavior, the rest of us won’t be able to get to work.
“Meanwhile the rest of us make $15 an hour which is far less than these guys make.
“The rest of us work 2 part time jobs to make ends meet.
“One of my part time jobs is in Burlington and the other in Niagara Falls. We don’t get regular train service here only buses. So basically due to the strike, I can’t get to work. How are we supposed to pay our bills then eh?”
The unions pulled together and brought about a change for the unionized sector.
It is up to the rest of us to do what has to be done to ensure that everyone can earn livable wage,
That is what the phrase “we are all in this together” or did I misunderstand?
By Staff
November 3rd, 2022
BURLINGTON, ON
Brock University has made strides in its plans to transition to more modern facilities in the Hamilton-Burlington-Oakville corridor.
As the University prepares to relocate its Hamilton Campus to Burlington, it will temporarily operate out of the former Lester B. Pearson High School site for the duration of the 2023-24 academic year. This was made possible through an agreement with the Halton District School Board.
The University will continue operating in Hamilton until the end of the 2022-23 academic year in April.
 Brock has sold its Hamilton Campus site and as previously announced, will relocate to the future City of Burlington community hub on New Street — the former Robert Bateman High School site — once work on the property is completed.
The City of Burlington announced Nov. 1 that it has completed a purchase agreement and land exchange transaction with the Halton District School Board involving the former Robert Bateman property.
Work can now begin to ready the site for its new uses, including a Brock campus.
The HAlton District School Board announced that:
The Halton District School Board is entering into an agreement with Brock University, to utilize a portion of the former Lester B. Pearson High School facility, beginning in April 2023. This request from Brock University serves as a temporary accommodation for the university, until their permanent location is ready at the future City of Burlington community hub on New Street (the former Robert Bateman High School site).
As previously announced, the Burlington Gary Allan Learning Centre will also relocate to the site of the future City of Burlington community hub. The Board is pleased to collaborate and assist Brock University, as one of its future co-tenants at the Burlington community hub, as they transition toward their permanent campus at this location.
This provides a responsible use of the school facilities until the Halton District School Board determines the future use of the school property according to Ontario Regulation 444/98. The agreement for Brock University to use a portion of this school property aligns with the Board’s Community Planning and Partnerships process, in offering space to community partners.
You heard all this first from the Gazette
 By Staff
October 22nd,2022
BURLINGTON, ON
The following was published recently in another Burlington media: Local New.
It is being published in the Gazette with permission.
MARIANNE MEED WARD / IMAGE VS REALITY
An Opinion From Rick Craven
Marianne Meed Ward is edging toward re-election as Mayor of Burlington – and why not? She is a Burlington celebrity. She has a kind of sparkle; a type of magnetism that draws in folks who are fed up with government and demand quick solutions to complex problems.
She panders to these people with aspirational rhetoric about what could and should be accomplished. She spins things in such a way that people believe she is the super-hero who can make it all happen.
The problem is that she seldom points out the political, financial, legal or jurisdictional challenges and, when things don’t go her way, she simply blames the Province or the former Mayor.
Meed Ward’s campaign to beguile the public is reinforced by her influence over the City Hall Communications Department along with her savvy use of social media. She embraces any occasion on the calendar, any cause, campaign, crusade or special interest group to justify a tweet or post that includes her name.
“Meed Ward is not shy about seeking publicity”, once wrote columnist and former Alderman Joan Little.
Meed Ward’s efforts to charm the public are aided by the subtle compliance of the local news media. She has them wrapped around her finger. Reporters almost never challenge her or investigate her claims. Program hosts simply introduce a topic and let her run with it. She gets to say whatever she wants and, not surprisingly, it always reflects well on her. With these “soft ball” interviews the news media has become her ally.
“Mayor Meed Ward gets in front of the Cogeco cameras as well as the CHCH cameras on a regular basis. They are seen by the Mayor as friendly folk – not the kind of people who ask her tough questions”…….”She favours situations, such as her perch at CHML where she is never pressed on serious issues”, wrote columnist Pepper Parr.
The bottom line here is that Meed Ward has the communication skills, contacts, resources and charisma to distract observers from the fact that she simply overpromises and under delivers.
It’s like that popular song.
Give ‘em the old razzle dazzle
Razzle Dazzle ‘em
Give ‘em an act with lots of flash in it
And the reaction will be passionate
Give ‘em the old hocus pocus
Bead and feather ‘em
how can they see with sequins in their eyes?
(Musical – Chicago)
One could be easily fooled by Meed Ward’s never ending public relations campaign. Her message is clear. Everything will be OK as long as she is in charge. The past four years, however, have betrayed her super-hero image.
Consider the downtown planning debacle, the tall building chaos and the vilification of the development community.
“Did Mayor Meed Ward not understand the implications of council decisions that she worked for, or did she simply want to avoid inconvenient facts?”, wrote former Mayor Rick Goldring.
Long time Meed Ward supporter Gary Scobie shared the disappointment about her efforts to control tall buildings in the downtown. “We were betrayed”.
To be clear, nobody blames Meed Ward for the tall buildings. They are a natural part of a growing city. She does, however, deserve blame for telling constituents that she could manage them better than the last guy. She was warned by the former City Manager that a lot of tall buildings would be constructed while she was Mayor. She fired him.
Beyond her extravagant promises about tall buildings, we can’t forget the cost and chaos that resulted from Meed Ward’s Private Tree Bylaw. Then, there’s the clumsy way in which she handled the rainbow sidewalk issue. Let’s not forget the dabbling in reserve funds, the seemingly endless confidential meetings, the growth in the Infrastructure Renewal Gap, etcetera, but, put her in front of a camera and you’ll hear that everything is OK.
Meed Ward’s spin campaign included claims that, under her leadership, this city council is more cohesive that the last, but that idea was washed away when Councillor Shawna Stolte publicly accused her of, “another political circus for your own selfish gains and I think you should be ashamed of yourself.”
Others, like Roland Tanner of the 905er podcast also question her claims of team unity.
“She loses friends at a hell of a rate. People who have supported her, like you wouldn’t believe in the earlier parts of her career, are now upset with her for various reasons….We’re starting to see Marianne Meed Ward, warts and all”.
Here in Ward One, voters may wish to look past Meed Ward’s fancy rhetoric and reflect on whether her carefully constructed image has met the test of reality. Consider these examples.
Meed Ward is directly responsible for the fiasco at 2100 Brant Street. She told neighbours during the 2018 election that she would “seek to scale back” a proposed townhouse development. The project had in fact been approved by the last Council, but shortly after she was elected Mayor, Meed Ward rescinded the approval, something almost unheard of and certainly contrary to staff’s advice. In the end, the City had to settle for essentially the same proposal as originally approved with only slight changes. Meed Ward admitted defeat when she declared that the City could not find a professional planner to support her and the neighbours’ opposition to the development.
But, that wasn’t the end of it! The Local Planning Appeals Tribunal (LPAT) awarded $17,088.97 in damages to the developer as a consequence of the rescinding of the original approval. LPAT called the City’s action “clearly unreasonable”. Meed Ward blew-off the cost and embarrassment to the City with the comment that it was “money well spent”.
Tyandaga resident John Calvert, who had believed Meed Ward’s promise to do something about the development and supported her for Mayor, suddenly realized he had backed the wrong horse.
“I regret having believed that you would actually fulfill your two main campaign promises – to oppose over-development and improve public engagement”, wrote Calvert after the settlement.
Meed Ward also misled Tyandaga residents about her ability to mitigate the impact of the Meridian Quarry expansion. She promised to; “Push for provincial review of North Aldershot Quarry Expansion, and air quality studies of quarry dust”, according to her campaign literature.
After her election, she attempted to get the Province involved and was rejected. She tried to use the Tree Bylaw against the quarry but found it that it didn’t apply. She tried to bring in a Health Protection Bylaw to monitor emissions from the quarry and found out that she could not. She spent $35,000 in taxpayers’ money to get an independent expert opinion, which was never revealed in public.
In the end, when it became clear that she wasn’t making any progress, and the neighbours started publicly expressing their disappointment, she took the discussions with the neighbours behind closed doors. (This, despite years of her demands for more transparency in local government) So far, these ongoing private discussions have apparently produced nothing. Quarry plant manager, John Laurence reports that little is being achieved. “We get to hear more complaints, but it’s more of a forum for them to vent than anything else”.
The point is that she never should have misled the neighbours into believing that she could influence the situation when she knew, based on expert opinion from City and Halton staff dating back to 2017, that she could not. She had been told, as were all members of Council, that the quarry expansion was legal, that it was a Provincial matter and that nothing could be done to stop it.
She consciously told neighbours what they wanted to hear in 2018 rather than what they needed to know, simply because it fit her election strategy.
Still in Tyandaga, Meed Ward told concerned residents that she could not comment publicly on a controversial proposal to build a retirement home until she received a formal staff report. She did not want to be pinned down. This was never her position when she was the downtown Councillor rallying opposition to new building proposals at the earliest possible opportunity.
In the Maple community, Meed Ward’s chaotic interim control bylaw for the downtown spilled over to the Brant Court Co-op buildings on North Shore Boulevard in Ward One. Her fight against developers resulted in a delay to the final approval of a new 17-storey retirement home on the site. As a result, she seriously disrupted the pending plans of a vulnerable group of home owners who wanted to complete their deals with the developer. They were forced to put their sales and relocation plans on hold resulting in anxiety and uncertainty. Two years later, the City exempted the project from the interim control bylaw, settled with the developer, and succeeded in reducing the height of the proposed building by only one storey.
In Aldershot, Meed Ward kept her campaign promise to keep Clearview, Queen Mary and St. Matthew’s Avenue outside the Major Transit Station Area (MTSA) boundary. The problem is that she was never honest with those residents about the consequences. The latest plan calls for those tiny streets to be surrounded on three sides by tall buildings.
Finally, doesn’t the Mayor, who repeatedly promised more transparency in government, owe the people of Aldershot an explanation as to how a 12-storey proposal for the Solid Gold property became an 18-storey building, all negotiated behind closed doors with no public input?
There’s much more that could be discussed and I realize these opinions are subject to much debate, but my message to readers is simple. The time has come to look past Marianne Meed Ward’s spin machine and consider the facts. I know that her fans think she is current and hip, but in reality she reinforces the classic image of an old fashioned populist who over promises and under delivers.
Rick Craven served as Councillor for ward 1 for almost 22 years.
By DENIS GIBBONS
October 20th, 2022
BURLINGTON, ON
Despite drawing some criticism in his rookie term on Burlington city council, Rory Nisan is confident he can hold his seat in Ward 3.
 Rory Nisan in one of the few occasions he has been in the Council Chamber sine the onset of Covid19 Nisan said that in 2018 he campaigned on bringing a splash pad for children to Brant Hills Park, limiting growth in the downtown area and improving traffic flow and public transit in Burlington.
“I always said we should be doing whatever we can to move the growth from downtown to the areas around the GO stations,” he said.
He is pleased that the splash pad was approved in the first budget of his first term and completed in 2021.
“There are so many people there on warm days,” he said. “It has become a community meeting place for Brant Hills.”
Nisan said council has done everything in its power to move growth to the GO station areas.
“I wish we had more support from the Province,” he said. “I wish municipalities had more power to control their own destinies.”
The advanced traffic management which is on its way from the Region, he said, will make a big difference particularly during rush hour.
“It will allow us to leave green lights on longer to move traffic.”
Nisan said he’s proud that the City has purchased more buses and hired more bus drivers and handi-van drivers.
“But we still need to do more,” he said.
He considers the splash pad his greatest first-term achievement.
“My predecessor John Taylor said it couldn’t be done, my main challenger in the last election said it couldn’t be done and staff said it couldn’t be done because there was not enough room,” he said. “People were worried about softballs hitting the kids. I suggested putting up a bigger fence. We overcame the problem through some creative thinking.”
In 2018 Nisan polled 54.05 per cent of the vote, more than the combined total of runner-up Gareth Williams and three other challengers.
It was the first election in the ward following the retirement of John Taylor, who served on council for 30 years.
 Nisan supports and said he will work to make the Bateman High school site a community centre. He has not supported a move to make the cost known to the public on a deal that was scheduled to close September 30th If he is re-elected, Nisan said he will work hard to create a community centre at Robert Bateman high school, which the City is in the process of purchasing from the Halton District School Board.
Plans call for the City to lease space to both the school board and Brock University.
Protecting the Niagara Escarpment, which he described as the “jewel of Burlington”, is a primary objective as well as final implementation of a climate action plan.
Nisan said he also is looking forward to the arrival of inclusive zoning as part of council’s drive for more affordable housing.
“Cities now have the power to mandate that there be some affordable housing in all new developments,” he said.
Regarding his filing a complaint with the Integrity Commissioner, together with Ward 1 Councillor Kelvin Galbraith, on statements made at council by Ward 4 Councillor Shawna Stolte, Nisan said it hasn’t been an issue at the doors while he has been out campaigning.
“It’s all about accountability,” he said “We have only one avenue and that’s through the Integrity Commissioner.”
Nisan said he doesn’t believe any hard feelings remain.
“Even when we disagree as a group, we still manage to get things done,” he said. “Councillor Stolte and I have been on the same side of issues since then.”
On another point of contention, Nisan said he’s not concerned about critics who claim he is too much a disciple of Mayor Marianne Meed Ward.
Rory Nisan: thinking it through “People can say what they want but if they look at my record I’ve voted against the mayor many times,” he said. “Those who say otherwise are being lazy in their analysis.”
When a vote came up at regional council in the spring on lifting the mandate for citizens to wear masks, it carried by a margin of 23-1, with Nisan being the lone dissenter.
“I felt it was too soon to do it,” he said. “I took some flak but I also got a lot of support on it. I’m not afraid to take a stand on issues.”
Nisan still is on an unpaid leave of absence from his job as a foreign service officer for Global Affairs Canada.
If re-elected, he plans to be a full-time Councillor again.
By Pepper Parr
October 20th, 2022
BURLINGTON, ON
For a time it looked as if ward 5 Councillor Paul Sharman was going to be acclaimed.
Days before nominations were to close four names popped up on the city’s candidate nominations screen and Paul Sharman had to run for election.
It was not something he was looking forward.
 Paul Sharman: Defending his view of development planned for the east end. When challenged – he is not at his best. He reverts to being defensive and loses the ability to listen.
 Is this what a “bit of a snit” looks like Sharman can be folksy with people but he isn’t really a people person. He can be very abrupt, short and at times quite cranky when he isn’t getting his way.
What he has going for him is a solid grasp of what the issues are and a mind capable of pulling all the small pieces together and making sense of it and passing his knowledge along to others.
He is an educated, cultured individual who understands how both the corporate culture and the minds of the bureaucracies work. He was once a part of a very large corporation that unfortunately lost its way.
If one asked Paul Sharman if he was a “happy camper” pleased with the cards life had dealt him I suspect he would say no.
He tends to use the lack of data as the reason for not making a decision. On that level he can always win – Burlington’s administration does not yet champion the gathering of the kind of data that is needed.
What Paul Sharman brings to the table is the best background on what takes place in the city. He and Mayor Meed Ward have served on Council for the same length of time but he has a command of the workings of the city hall that Meed Ward just never picked up in her career path.
There hasn’t been a lot of development in the east end.
 A rendering of a development proposed for ward 5 The shabby, won down at the heals plaza in the eastern side of ward 5 has been in need of a major makeover for a long time.
The property owner was reluctant to do very much despite the efforts Sharman made to get them to actually do something
When the outline of a development was brought to the table it was overwhelming – seven structures that brought out the nimby streak in every community.
At this point that development is on hold.
The arena that is just to the north of the proposed development had reached the end of its life cycle. The ice making system no longer met the building codes and was shut down and turned into space for the Forestry department.
While the city didn’t have the money to rebuild they never the less prepared plans and Council approved a decision to borrow what was needed and shovels went into the ground.
While shaky as a financial decision it would help in rebuilding a more vibrant community and there was no way Sharman was going to vote against it.
 Sharman chose not to appear at an ECOB debate Sharman’s interest in working with community organizations he doesn’t control is lower than 0. In the 2018 election he refused to take part in the ECOB debate but shifted his position and did take part in a debate run by a different group sometime later when he felt his re-election was more certain.
The railway grade separation at WHERE that was badly needed in the eastern part of the city (GET NAME) experienced a massive cost increase. We are not sure just how big a role Sharman played in ensuring that Metrolinx didn’t pass along the increases to Burlington He gets a feather in his cap for that one,
 A development planned as part of the large plaza on Appleby and New Street. The infrastructure needed to service the buildings was not in place at the right time. The restructuring of the Appleby Mall and the application for the development of two high rise units got put on hold when it was realized that the infrastructure needed to handle the increased population was not in place. What did Sharman do?
Sharman was the deputy Mayor during the weekend in August of 2014 when parts of the city were seriously flooded. He managed that crisis very well but was unable to do anything for the residents who had experienced severe damage to their homes.
The compassionate side of Sharman was very evident when he pleaded publicly for the support his constituents needed.
Asking if Sharman should be re-elected is just plain dumb. None of the candidates running against him bring much, if anything, to the table.
There was a point at which Paul Sharman gave some thought to running against Marianne Meed Ward. He sensed that ether was a lot of dissatisfaction with the direction she had taken things and the way she managed several council members who chose to follow her lead and serve as acolytes.
Meed Ward’s command of the fundamentals of fiance were a concern but in the end Sharman decided he wasn’t up to all the photo ops, glad handing and being in the public eye all tat much wasn’t for him.
 Paul Sharman: Was he a possible Mayor? That wasn’t the way Sharman saw his career evolving. And, truth be told, the Council that will be sworn in at the end of the year needs the likes of Paul Sharman. The city is in for a very rough time financially – he will bring some much needed experience to the table.
And he will be there.
The fear is that should serious cost cutting be required Sharman will want to go after the transit service
 By Staff
October 19th, 2022
BURLINGTON, ON
Two men have received prison sentences after a Human Trafficking investigation in Halton.
On November 11, 2018, the Halton Regional Police Service (HRPS) responded to reports of a female being held against her will at hotel in the city of Burlington. The 22-year-old victim was located and a male, Karl Augustin (28), was arrested for human trafficking. The investigation revealed that a second male, Andrew St-Armand (24), was also involved in exploiting the victim and a warrant was issued for his arrest.
On December 5, 2018, St-Armand was arrested in Quebec and transferred to the custody of Halton Police.
 HRPS Human Trafficking Unit investigators learned that between September and November of 2018, the victim was callously controlled, transferred, exploited and forced within the sex industry by two men. The exploitation occurred in the city of Burlington and nearby jurisdictions. HRPS Human Trafficking Unit investigators learned that between September and November of 2018, the victim was callously controlled, transferred, exploited and forced within the sex industry by both men. The exploitation occurred in the city of Burlington and nearby jurisdictions. Both men were subsequently charged with several Human Trafficking offences.
On June 16, 2022, after a lengthy trial, a jury found Augustin guilty of human trafficking, procuring, advertising sexual services, receiving a material benefit from human trafficking, and receiving a material benefit from procuring.
St. Armand, was found guilty of human trafficking, procuring, and advertising sexual services.
On October 14, 2022, Augustin (now 32), and Armand (now 28) were sentenced in Superior court for their involvement.
Augustin received an 8-year custodial sentence while St. Armand was sentenced to 5 years.
 HRPS Deputy Chief, Jeff Hill. “These significant custodial sentences represent the dedication of the service in pursuing these predators and ensuring the safety of the community that we are entrusted to serve. Human Trafficking is a heinous crime that transcends jurisdictions and we remain committed and thankful to our community and policing partners who assist us in the fight. I thank and am grateful for our members’ efforts in bringing this case to a successful conclusion” said HRPS Deputy Chief, Jeff Hill.
The Halton Regional Police Service firmly believes that every person has the right to feel safe in our community.
What seems to have been forgotten in this criminal case is that the abuse of these women took place in Burlington. What is about the city that makes it a place where human traffickers can benefit from what these women are forced to do.
Victims of violence and/or sexual assault and witnesses are encouraged to contact the Halton Regional Police Service. The following is a list of valuable support services and resources in our region for victims of violence and/or sexual assault:
- Halton Regional Police Service Victim Services Unit 905-825-4777 ext. 5239 or by email at VictimServices@haltonpolice.ca
- Nina’s Place Sexual Assault and Domestic Assault Care Centre 905-336-4116 or 905-681-4880
- Sexual Assault and Violence Intervention Services (SAVIS) 905-875-1555 (24-hour crisis line)
- Radius Child & Youth Services 905-825-3242 (Oakville) or 1-855-744-9001
- Kid’s Help Phone 1-800-668-6868 (24-hour crisis line)
- THRIVE Counselling 905-845-3811 or 905-637-5256
Signs / Indicators of Human Trafficking
- Not being allowed to speak for themselves;
- Not having control of their own money or cellphone;
- Suddenly having a new or second cell phone with a secret number;
- Being controlled by others and escorted at all times;
- Not being allowed to contact family or friends;
- Withdrawing from family and friends;
- Providing rehearsed answers to casual questions;
- Being secretive about their activities;
- Showing signs of abuse, such as bruising, cigarette burns, fractures, etc.
- Having a new boyfriend, girlfriend or friend who they won’t introduce to friends/family; and
- Having new items (clothing, jewelry etc.) outside their financial means.
What Should I Do if I Think Someone is a Victim of Trafficking?
If there is immediate danger or if you suspect someone is being trafficked, call 9-1-1.
You may also call the Canadian Human Trafficking Hotline at 1-833-900-1010.
The Canadian Human Trafficking Hotline is a confidential, multilingual service, operating 24/7 to connect victims and survivors with social services, law enforcement, and emergency services, as well as receive tips from the public. The hotline uses a victim-centered approach when connecting human trafficking victims and survivors with local emergency, transition, and/or long-term supports and services across the country, as well as connecting callers to law enforcement where appropriate.
By Pepper Parr
October 19th, 2022
BURLINGTON, ON
In February of this year Councillor Kelvin Galbraith met with the Burlington Integrity Commissioner to seek advice on any Conflicts of Interest he might have.
In March of this year the Integrity Commissioner gave Councillor Galbraith the following advice:
,This is in response to our conversation and your inquiry of February 24, 2022 regarding whether you might have a conflict of interest if you participate in consideration of planning changes affecting properties you own within the area known as the Major Transportation Study Area (MTSA) for the Aldershot GO, in Burlington.
You have advised that you own two properties along Waterdown, 1016 and 1018 Waterdown Road and one property located at 15 Plains Road West from which you operate your business, The Fitness Firm.
These three properties effectively book-end, abutting at the rear, the property which sits directly at the corner of Waterdown and Plains Roads.
You have advised that the two Waterdown Road properties were formerly residential dwellings, which were removed a number of years ago, and that your future plans include integrating them into a larger development through land assembly.
The relationship of your properties relative to the MTSA Aldershot Hub area as presently delineated is depicted on the following map view:
 The Integrity Commissioner provided a map to help explain specifically where the Conflicts are. If we have omitted or incorrectly stated any material facts please advise as it may cause us to alter our advice to you.
In order to fully understand the potential land assembly we have enlarged a part of the map.
A is the location of the Galbraith Fitnes Firm, B is the garage at the intersection that Galbraith does not own, C and D are properties that Galbraith acquired and E is a Tim Hortons location within a small plaza. Advice
Municipal Conflict of Interest Act
As a Member of the Council you are subject to subsections 5(1) and 5(2) of the Municipal Conflict of Interest Act (“MCIA”) Those sections require that you not take part in discussions or voting on a matter, or attempt in any way before, during or after a meeting, to influence the voting on a question related to the matter when you have a direct or indirect interest in the matter. Those sections also require you to disclose the general nature of the interest, and where the matter under consideration takes place in a forum not open to the public, to not be present.
The relevant provision is as follows:
- (1) Where a member … has any pecuniary interest … in any matter and is present at a meeting of the council … at which the matter is the subject of consideration, the member,
- shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof;
- shall not take part in the discussion of, or vote on any question in respect of the matter; and
- shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question.
A matter which has likely financial impact (positive or negative) on your own property constitutes a pecuniary interest to you.
Planning Notice as an indication of financial impact
Proximity to a property under consideration is a ‘flag’ to members of Council, to stop and consider whether they may have a conflict of interest in participating in the matter. Distance alone is not the determining fact, but can be used as a reasonable ‘rule of thumb’ to determine potential for a possible financial impact arising from development applications.
With respect to the determination of a specific distance beyond which a member of council who owns a property would not be considered to have a conflict of interest, although there are no hard and fast rules, we consider that the distance utilized for Notice under the Planning Act provides reasonably good guidance for determining the appropriate distance beyond which impact might be considered ‘remote and insignificant’ for most planning and development applications.
Your properties all fall clearly within the area being contemplated as the study area, and which will be subject to policy amendments to support and guide future development under the relevant official planning document.
Sometimes, where a member of council owns a property which is within an area affected by a decision of council, that member may be deemed to have an interest in common. This may be the case where the member’s property, although likely to be affected by the decision, will be no differently affected than hundreds of other similarly-situated properties.
Interest in Common
Section 4(j) of the Municipal Conflict of Interest Act (MCIA) provides an exception for a member’s interest where the pecuniary interest is an interest in common with electors generally. In relevant cases the duty to comply with s. 5, MCIA, to declare and refrain from participating and voting, does not apply.
“Interest in common” as used in section 4(j) has been interpreted by the Courts in such a way that the interest need not be an interest in common with all electors of the municipality, but can be an interest in common with all other similarly situated residents.
For example, where all residents of a particular area would be impacted by a particular council decision, and the individual member’s interest is no different from the other affected electors who resided in the same area,1 that too would be considered to be an interest in common.
This reasoning of “interest in common” was applied by the court in Murphy v. Foster, where a member of council participated in and voted on a decision to designate an area of environmental protection in a new official plan, making it more difficult to obtain development approval on lands adjacent to the subdivision where that member owned property. The member was found to have an interest in common.
It should be noted that where the courts have found that the pecuniary interest is different not by degree, but by nature (kind) from that of the other ratepayers in the area under discussion, it will be more difficult to find an “interest in common”. An example we often use is the example of a gravel road hard-topping (road paving) program which affects, say, one hundred properties in the same manner, varying the actual property value impact of the paving program on the abutting properties only by the width of the frontage involved. Regardless of the actual dollar-value impact, each of those 100 properties would have an interest in common, varying only by degree. If one of those properties, however, were required to have a sliver of frontage expropriated for the paving, that property interest would differ in kind and the interest in kind exception would no longer be available.
Cases which differentiate a member’s property interest as distinguishable from other property owners affected, found that the member stood to benefit in a particular manner, through development of property which would flow as a result and by virtue of the council decision, and therefore the interest was not an interest in common.2
Based on the original map of the study area, which merely delineated the boundary of the MTSA Aldershot GO area but did not identified any proposed changes to the land uses, it would have been reasonable to consider your interest as an interest in common. However, in light of the more granular level of detail now under review, which includes proposed changes to land uses which have a direct affect on the potential uses for your properties, and which will affect your properties differently –in degree and in nature – from other properties throughout the study area, we would not consider your interest to be an interest in common any longer. This is underscored by the fact that two of your properties are, in fact, vacant and you are awaiting planning changes to enable redevelopment, with possible land assembly to enhance the opportunities. It would be reasonable to characterize you as an investor in the area, whose investment return will be realized through redevelopment, and for this reason, your interest could not properly be considered an interest in common.
Remote or Insignificant:
While it is often relevant to consider whether an interest could be considered “remote or insignificant” as referenced in the MCIA, s. 4(k), we would not consider this exception to be relevant in your circumstances. The applicable test to determine whether a member has an interest that is so remote or insignificant in its nature such that it cannot reasonably be regarded as likely to influence the member is set out in Whiteley v. Schnurr (1999), 4 MPLR (3d) 309. The question to be asked is as follows:
Would a reasonable elector, being apprised of all the circumstance, be more likely than not to regard the interest of the councillor as likely to influence that councillor’s action and decision on the question?
In many of the cases determining a councillor’s pecuniary interest to be remote and insignificant, the interest arises out of an indirect pecuniary interest resulting from the pecuniary interest of a member of the councillor’s family, business relationships or other memberships. In the current circumstances, because the interest arises from your ownership of three properties within the study area, two of which are destined for redevelopment which the re-designations will enable, a pecuniary interest for you would not be considered remote or insignificant.
Accordingly, we conclude that, now that the plans include reference to proposed designations affecting your properties, you are required to recuse yourself from the discussion and voting on consideration of the Aldershot GO MTSA. This includes refraining from participating and attempting to influence the outcome during the open house and other occasions at which the public, staff and Members of Council are contemplating proposed policies affecting the Aldershot GO MTSA.
Any time consideration of the matter is before Council or any of its committees, your specific declaration might go something like this:
As the owner of several properties within the study area which will be affected by the proposed land use designations being contemplated, I have a pecuniary interest and will be recusing myself from participating in or voting on this matter.
Footnotes:
1 In Re Ennismore (Township) where a decision to build a communal water supply system affected an area of the township, and the council member had a commercial establishment in the study area, his pecuniary interest was an interest in common; even though his interest was affected to a greater degree, it was not different in kind from other affected electors.
2 Graham v. McCallion, 1982 CanLII 2014 (ON SC); Re Greene and Borins, 1985 CanLII 2137 (ON SC); Jafine v. Mortson, 1999 CanLII 14775 (ON SC).
We would be pleased to discuss our advice with you at your convenience.
Related news stories:
What the Aldershot MTSA is all about and what can be built within the boundary.
Reshaping Aldershot
By Staff
October 17th, 2022
BURLINGTON, ON
Steve Clark, Minister of Municipal Affairs and Housing issued the following statement to commemorate Local Government Week from October 16 – 22, 2022:
 Steve Clark Minister of Housing and Municipal Affairs “Ontario’s 444 municipalities are critical partners of the provincial government, with many responsibilities and essential services which our communities rely on. Municipalities also help our government tackle complex issues—from building housing and supporting growth to reducing traffic gridlock and improving transit networks.
Local Government Week gives us an opportunity to reflect on these vital services and the responsibility that rests with local governments. You can use this week to learn about the many ways to get involved with your local government, including attending town hall meetings or having your say in a local consultation.
I know first-hand how important local government is, having first become involved at the age of 22, when I was elected as Mayor of Brockville. Later, I was the President of the Association of Municipalities of Ontario and the Chief Administrative Officer for the Township of Leeds and the Thousand Islands. These were great opportunities to learn from others, listen to different perspectives, and work to address the unique challenges municipalities face.
As the Minister of Municipal Affairs and Housing, I have applied this experience to build strong relationships with our municipal partners and help Ontario communities thrive.
This year, during Local Government Week, I encourage everyone to learn more about the crucial role local government plays in making Ontario the best place to live, work, and prosper.”
The Gazette urges the people of Burlington to write the Minister directly and tell him we can manage our city – if the provincial government would just let us do just that.
The Minister gets email at: Steve.Clark@pc.ola.org
If enough mail arrives he just might do something |
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