GROWING PAINS

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GROWING PAINS Powered By Docstoc
					 MANAGE GROWTH
   EFFECTIVELY
  Enforcing municipal legal rights
       Tiffany Paulsen, Q.C.
Robertson Stromberg Pedersen LLP
     How does growth change a
           municipality?
• Greater intensity means more planning
  – Infrastructure and services are used more
    heavily
• Greater intensity means governance
  needs to be re-evaluated
  – Community Plans, new or amended bylaws
  – Subdivision
• Are you ready for the increased load?
How does growth affect people and
 businesses in your municipality?
• More money flowing, more opportunity
• Development becomes more expensive
• Change in government style
  – More requirements
  – New bylaws
  – Stricter compliance and enforcement
• Can lead to non-compliance
  – By choice or by being slow to react
 How do you enforce your rights?
• Telephone Call
• Stop Work Order/Order to Remedy
• Ticket—leads to Provincial Court
  Prosecution
• Queen’s Bench Injunction
 What is the source of your rights?
• The Cities Act, the Municipalities Act, as
  well as the Planning and Development
  Act, 2007 permit summary procedure to be
  used to prosecute violations
• This includes violations of bylaws passed
  pursuant to these Acts
• The Summary Offences Procedure Act,
  1990 governs the prosecution procedure
Stop Work Order/Order to Remedy
• Stop Work Order issued pursuant to The
  Planning and Development Act, 2007
  – Can order violator to cease, alter, restore or
    complete work on the development
  – Must state a time limit
  – Must provide for an appeal to the
    Development Appeals Board
  – Can apply to Queen’s Bench for an order for
    compliance
Stop Work Order/Order to Remedy
• Order to Remedy issued pursuant to the
  Cities Act or the Municipalities Act
• Similar to Stop Work Order
  – Municipality entitled to remedy the
    contravention after time limit expires, and then
    recover costs from owner
  – Covers broader range of issues—e.g.
    unsanitary conditions
  Ticket-Provincial Prosecution
• Issued pursuant to the Summary Offences
  Procedure Act, 1990
  – Ticket is sworn in front of a Justice of the
    Peace
  – Must be sworn by a peace officer, which
    includes the bylaw enforcement officer
    appointed by council and can include your
    administrator
           Ticket-continued
• Ticket will also include a summons
  – We have a court room reserved for every third
    Friday for communities near Saskatoon
  – We can also have the summons be returnable
    to the regular Provincial Court criminal docket
    anywhere in the Province
  – Ticket can provide for a voluntary payment—
    only if provided for in the bylaw
             Ticket-continued
• Summons leads to a first appearance
  – Before a Provincial Court Judge
  – Can either plead guilty or not-guilty
     • If guilty, then both sides speak to sentence
     • If not guilty, then Judge sets a trial date
  – Sentence can be a fine, an order to do
    something, or both
                Injunction
• An injunction is a court order requiring the
  defendant to do something, or to stop
  doing something
• This type of relief can be obtained through
  a Provincial Court Prosecution, but this
  can be a slow process
• In an emergency, we are able to get
  before a Queen’s Bench Justice virtually
  immediately to obtain a temporary order
        Injunction-continued
• Injunctions are very powerful
• They can be obtained without the violator
  having an opportunity to present his or her
  case
  – The order is then very temporary, usually a
    few days
  – Then both parties argue the matter more fully
    before a Justice of the Court of Queen’s
    Bench
         Injunction-continued
• Three part test
  – There is a serious question to be tried
  – The municipality will suffer irreparable harm
    that cannot be compensated by money
     • Easily met for municipalities, since harm presumed
       when law disobeyed
  – Balance of convenience:
     • Must balance the harm to the municipality if
       injunction is refused against the harm to the
       violator if it is granted
  Prosecution versus Injunction
• Prosecution is the preferred course of
  action if there is no emergency
• Injunction is the preferred course when the
  municipality needs to obtain relief TODAY
               Conclusion
• The courts recognize the importance of
  municipalities to be able to govern
  effectively
• The courts understand that this means
  municipalities must be able to enforce their
  laws
      How Robertson Stromberg
    Pedersen’s Municipal Law Group
            Can Help You
•   DEVELOPMENT                     • GOVERNANCE
•   Service Agreement negotiation   • Bylaw drafting and
•   Working with utilities            enforcement
•   Financing agreement             • Policy development
    negotiation                     • Tax assessment and
•   Contract development and          enforcement
    negotiation                     • Zoning appeals
•   Establish utility boards        • General municipal litigation
•   Development permits             • Policing issues
•   Tendering process
•   Environmental Issues

				
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posted:9/16/2012
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