QUESTION
What can I do if my municipality is not enforcing its own by-law?
ANSWER
Your municipality has the discretion to decide how and when it enforces its own by-laws. If you are not satisfied with a municipality’s enforcement, you may wish to bring this matter to the attention of your local elected council person or as a delegation before the whole of council. Should you not be satisfied with the resulting action, you may wish to share your concerns with others in the community, or discuss the possibility of enforcing the by-law yourself with your solicitor.
I think one of my members of Council has a conflict of interest in a matter before council. Is there someone at the Ministry of Municipal Affairs and Housing who can investigate this?
ANSWER
Conflict of interest matters for council members are dealt with under the Municipal Conflict of Interest Act. A councillor must, among other things, declare at a council meeting certain pecuniary interests that he or she may have in any matter before council at that meeting. If a councillor fails to declare, any local elector may take the matter to court. The Ministry does not conduct investigations in this regard.
QUESTION
I think my council is acting inappropriately – what is the role of the Ministry of Municipal Affairs and Housing?
ANSWER
Council is elected and responsible for the decisions and actions it takes. Members must consider their legal duties, and at the same time remember they are accountable politically to the electorate including through the elections process. The Ministry has a number of roles, including providing information about municipalities and their functions to anyone interested and undertaking policy development. However, primarily because council is accountable for its local decision, it is not the practice of the Ministry to intervene in the affairs of a municipality.
QUESTION
I think my council has violated the open meeting provisions of the Municipal Act. What is the ministry going to do about it?
Only the courts can decide if a municipality has violated the open meeting provisions of the Municipal Act. The Act states all meetings shall be open to the public except if:
The Ministry has a number of roles with respect to municipalities, including providing information about municipalities and undertaking policy development.
I’m not happy with the way my municipality maintains our roads. What are the Ministry standards for winter maintenance? For summer maintenance?
ANSWER
The municipality determines winter or summer road maintenance standards. The Ministry of Transportation has standards for winter and summer maintenance that apply to provincial highways. However, you may wish to contact the Ontario Good Roads Association that provides municipalities with services and representation on transportation issues. They can be reached at 530 Otto Road, Unit 2, Mississauga, ON L5T 2L5, telephone: 905-795-2555, fax: 905-795-2600.
QUESTION
Can the Ministry overturn a decision of my council?
ANSWER
No. A minister doesn’t have authority under any legislation to overturn a decision of a council. By-laws (method municipalities use to enact laws) may only be quashed by the courts. An elector or a person interested in a by-law may make application to the courts to have a by-law quashed.
QUESTION
How can a councillor be removed from office?
ANSWER
There are a number of circumstances where the seat of a council member may become vacant. These include possible disqualification (i.e. for non residency), resignation, or by means of certain court orders, among others. However, there is no means for removal of a councillor simply by petition of an elector or other councillors before the next election.
QUESTION
When does a vacant position on council have to be filled and what is the process?
ANSWER
The process for filling vacancies for a local council is contained in the Municipal Act. In the case of an upper tier vacancy the filling of a vacancy must occur within 60 days and in accordance with Section 9 of the Regional Municipalities Act.
QUESTION
Who monitors municipalities?
ANSWER
Municipal councils are elected and ultimately responsible to their electorate for the decisions they make and the actions they take. It is a vigilant and knowledgeable public exercising their right to vote in a municipal election that best keeps councils in check ensuring a fair and effective democratic process. The police may also become involved in criminal matters.
June 30, 2007 at 5:38 pm |
Hi ya Mike, from the looks of your response from the Ministry, being with them would be a cusshy job since they seem to sit back, do nothing, and yet get paid big bucks for not doing it! Once again no one is watching the hen house but the fox! Thanks for informing us of where they stand in all of these matters. Keep digging, maybe we can get out of this hole.
July 2, 2007 at 10:08 am |
It is truly unfortunate that more people did not take the opportunity to attend the public meeting held on June 13. The gentlemen who perform the Councillor Orientation programs for all new councils were avialable in our community to educate and answer questions related to Municipal politics. One is a former CAO, and one is a lawyer in the Municipal field. From my understanding, there was a very good session for staff and council during the day, and the evening meeting, though disgracefully poorly attended, was also very informative. Many questions were, or could have been if people had attended, clarified. Thank you, Council, for inviting them here.
July 25, 2007 at 3:07 pm |
I read in a recent edition of the Enterprise that the municipality finished last year (2006) with a $543,000 surplus! Kudos to the former Council and staff for carefully overseeing the spending of our tax payers dollars. This is a significant savings to the residents of BR-M! I trust we can expect similar “responsible” spending from our present council.
P.S. Any news when the “Slag is Coming to Town”?
August 21, 2007 at 8:00 pm |
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September 14, 2007 at 10:07 pm |
It seems every newspaper you read lately, the government is announcing funding for our our neighbouring communities including Cochrane, Timmins, Kirkland Lake, Smooth Rock Falls (to name a few). What happened to Matheson? Did we get lost in the shuffle, or is there just no one to lobby our cause?
It has been almost a year since the residents elected a new Mayor and Council based on the promise of leadership, action, and change. Are there any achievements, anything at all that can be attributed to the new council – well other than the “stunt” in March that made Matheson the laughingstock of the north, followed by another “blunder” in April that has resulted in a lawsuit? How about a report?
September 25, 2007 at 5:16 pm |
It is my understanding that the “Hembruff apartments” was not sold in the past tax sale. Then please explain to me how it is possible that Council has sold this building to the Learning Centre (a private corporation) for the grand total of $1.
It is my understanding that if a building is not sold in a tax sale that it is our taxpayers dollars that pay for the outstanding back taxes on these properties. Then how is it that we, the taxpayers have no say on what happens to the property? Surely there is a democratic process in place which allows for involvement by the public to make representation as to whether the land should or should not be sold and whether the price being sought by the municipality is sufficient or not. Since when is Council exempt from the public notification process and since when are you able to sell land for anything less than fair market value? Are you prepared to offer the remaining properties to the public for $1 or are they only available to certain private corporations? Where is the “openness, transparency” and most importantly, where is the “fairness and equality” on this one?