This is a continuing topic about the Rural Zoning By-law Consolidation project that the City of Kawartha Lakes initiated in 2019 and which has caught the attention of rural property owners.
I presented two deputations regarding the first version of the Rural Zoning report issued in July 2023. It was over 350 pages in length and was prepared by WSP, an international consulting company that specializes this kind of work. Awarded the project in 2019, their mandate was to “consolidate, harmonize and modernize” 14 county-level, legacy books of bylaws into a single digital document.
The quality of the report was good. However, you can imagine the number of compromises and work-arounds that the consultants must have needed to make to reduce over 1000 paper pages covering 14 different counties which used a variety of terminology and rules that had been created over generations.
While the overall goal of the project was laudable for cost-efficiency reasons, “the devil is in the details”. CKL rural property owners will not know when, where or how this new by-law will bite them in the behind. City administration is not known for its customer service or flexibility when dealing with “the rules” as I learn 8 years ago when I encountered an expensive, painful, yet unforeseen problem with the building permit for my home in Fenelon Falls due to an error by a City employee.
The modified Report, issued a few months ago and which passed as By-Law, did not address any of my concerns or recommendations. It was reduced in size substantially by the extensive use of reference tables. However, the definition of a “person” in its glossary of terms is still a concern to me from a legal and ‘property rights’ perspective. In fact, nowhere in the Report was ‘property rights’ even mentioned which is always a concern when dealing with government officials. (Even the authors of the Canadian Charter of Rights and Freedom avoided mention of our inalienable rights of body, mind and will, and to any material assets we may acquire through the use of these birthrights)
I offered a very reasonable alternative to creating a By-Law from this report. In an email to the Mayor and all 8 councillors plus in the supporting documentation in my first deputation to Council (Sept 2023), I proposed the following:
“City Council has an excellent opportunity to show that it will stand up for the property rights of the constituents who elected them.
In essence, I suggest that a By-law be avoided in favour of a COMPENDIUM OF BEST PRACTICES. Rather than a by-law book of rules, standards and charts to be strictly enforced by City staff, the COMPENDIUM would be a guide for discussions and negotiations between property owners and enforcement officials. As a guide, the property rights of property owners will come into play in such discussions. Today, the rules are always the supreme arbitor in all property matters. The final book of rules was a “boil the ocean” approach to anticipate every minute detail of property administration under municipal control leaving no “wiggle room” for property owners who find the rules too oppressive.
The term “negotiations” should not concern anyone. Negotiations occurs between public sector labour unions and government employers all the time. Likewise, professional arbitration specialists (ideally not employed by government institutions to avoid “institutional bias”) can break property negotian deadlocks as a last resort”.
My answer to your questions is longer than you likely expected, but my personal encounters with the City in 2015 when I built my home has left a lasting distaste for how the CKL treats its property owners. One of the main reasons that I fought the Rural Zoning By-Law was the lack of property rights in Canada at every level of government.
Sure you are aware the bylaw passed. What are your three main concerns with the bylaw? How do you feel about being passed? What would you propose instead?
Hi Pamela,
Good to hear from you.
I presented two deputations regarding the first version of the Rural Zoning report issued in July 2023. It was over 350 pages in length and was prepared by WSP, an international consulting company that specializes this kind of work. Awarded the project in 2019, their mandate was to “consolidate, harmonize and modernize” 14 county-level, legacy books of bylaws into a single digital document.
The quality of the report was good. However, you can imagine the number of compromises and work-arounds that the consultants must have needed to make to reduce over 1000 paper pages covering 14 different counties which used a variety of terminology and rules that had been created over generations.
While the overall goal of the project was laudable for cost-efficiency reasons, “the devil is in the details”. CKL rural property owners will not know when, where or how this new by-law will bite them in the behind. City administration is not known for its customer service or flexibility when dealing with “the rules” as I learn 8 years ago when I encountered an expensive, painful, yet unforeseen problem with the building permit for my home in Fenelon Falls due to an error by a City employee.
The modified Report, issued a few months ago and which passed as By-Law, did not address any of my concerns or recommendations. It was reduced in size substantially by the extensive use of reference tables. However, the definition of a “person” in its glossary of terms is still a concern to me from a legal and ‘property rights’ perspective. In fact, nowhere in the Report was ‘property rights’ even mentioned which is always a concern when dealing with government officials. (Even the authors of the Canadian Charter of Rights and Freedom avoided mention of our inalienable rights of body, mind and will, and to any material assets we may acquire through the use of these birthrights)
I offered a very reasonable alternative to creating a By-Law from this report. In an email to the Mayor and all 8 councillors plus in the supporting documentation in my first deputation to Council (Sept 2023), I proposed the following:
“City Council has an excellent opportunity to show that it will stand up for the property rights of the constituents who elected them.
In essence, I suggest that a By-law be avoided in favour of a COMPENDIUM OF BEST PRACTICES. Rather than a by-law book of rules, standards and charts to be strictly enforced by City staff, the COMPENDIUM would be a guide for discussions and negotiations between property owners and enforcement officials. As a guide, the property rights of property owners will come into play in such discussions. Today, the rules are always the supreme arbitor in all property matters. The final book of rules was a “boil the ocean” approach to anticipate every minute detail of property administration under municipal control leaving no “wiggle room” for property owners who find the rules too oppressive.
The term “negotiations” should not concern anyone. Negotiations occurs between public sector labour unions and government employers all the time. Likewise, professional arbitration specialists (ideally not employed by government institutions to avoid “institutional bias”) can break property negotian deadlocks as a last resort”.
My answer to your questions is longer than you likely expected, but my personal encounters with the City in 2015 when I built my home has left a lasting distaste for how the CKL treats its property owners. One of the main reasons that I fought the Rural Zoning By-Law was the lack of property rights in Canada at every level of government.
Regards
Gene
image1.jpeg
Sent from my iPad
On May 27, 2024, at 10:54 PM, Pamela Vanmeer <pamelavanmeer@gmail.com> wrote:
Hi Gene,
I hope you had a nice weekend!
As I am
Sure you are aware the bylaw passed. What are your three main concerns with the bylaw? How do you feel about being passed? What would you propose instead?
Thanks
Pamela
Pamela VanMeer
President
Kawartha411
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705-868-0916
https://www.kawartha411.ca
@pamreports
Gene, again, good job well done !
I hope you get to speak on the by-laws paper before the vote.