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A User's Guide to Municipal By-laws, 2nd Edition

This guide will help you to draft, review and implement by-laws, revise existing by-laws, correct vulnerabilities, follow grammar rules to avoid legal loopholes, avoid claims of conflict of interest and bad faith, and defend legal challenges to by-laws.



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433445715
Publication Date: 2008-02-28
 
Price: $100.00
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    Draft and Implement "Bullet-proof" By-laws

    In Canada, municipalities across the country are growing and the landscape is changing everyday. Likewise, by-law drafting practices and implementation protocols are no longer the same in municipalities. In particular, sweeping changes were brought about by Ontario Bill 130 in 2007 that confers broad authority on municipalities to pass by-laws.

    Authors M. Virginia MacLean, Q.C. and John R. Tomlinson draw on their many years of experience with municipal governments. Ms. MacLean is a Certified Specialist in municipal law-local government/land use planning and development law. Mr. Tomlinson recently participated in drafting the amendments to many Ontario statutes that were necessary as a result of the enactment of the Ontario Municipal Act, 2001.

    Their advice will help you to...

    • Draft, review, and implement by-laws confidently
    • Revise existing by-laws to conform to recent changes to legislation
    • Correct vulnerabilities in existing by-laws to reduce risks of invalidation by courts
    • Follow grammar rules to ensure that legal loopholes are not left open
    • Avoid claims of conflict of interest and bad faith
    • Defend legal challenges to by-laws

    Practical Tools to Simplify Drafting

    • Chart of components and explanatory text that can be easily adapted to any type of municipal by-law
    • Precedents for drafting some of the most commonly required by-laws, including procedural, building, and property standards by-laws
    • Precedents for drafting different types of penalty provisions recently authorized by amendments to the Ontario Municipal Act, 2001 that came into force on January 1, 2007
    • Checklists for drafting, amending, and repealing by-laws

    A Must-Have Handbook for:

    • Municipal officers and staff, including CAOs, clerks, and treasurers, seeking cost-effective guidance on by-law drafting
    • Municipal lawyers and lawyers in general practice who are called upon from time to time to draft or review municipal by-laws
    • Provincial government officials, including those who work in regional offices advising municipalities on municipal matters, and those who work in provincial legislative counsel offices drafting provincial legislation and regulations
    • Articling law students who need guidance on drafting and reviewing by-laws

    Chapter 1: Introduction to the Law, the Courts and Tribunals and to Municipal Government
    Chapter 2: The Preliminaries to By-law Drafting
    Chapter 3: Drafting and Enacting Municipal Bylaws
    Chapter 4: Attacking By-laws
    Chapter 5: Legal Pitfalls of By-law Drafting and How to Avoid Them
    Chapter 6: By-laws of Boards, Agencies and Commissions
    Chapter 7: Special By-laws and Commentary

     

    M. Virginia MacLean, Q.C. & John R. Tomlinson LL.B.


    M. Virginia MacLean, Q.C., is a sole practitioner and a Certifi ed Specialist in municipal law, local government/land use planning and development law. She represents municipalities, companies, and individuals before Administrative Tribunals including the Ontario Municipal Board, municipal councils and committees, the Ontario courts at all levels, and the federal court, as well as the Provincial Standing Committee on regulations and private bills. She has lectured and is published widely, a co-author of Canadian Forms and Precedents – Land Development (LexisNexis Butterworths). Ms. MacLean was the Director of Legal Services for the Corporation of the City of Mississauga and a partner at Cassels Brock & Blackwell LLP and later, at Willms & Shier Environmental Lawyers LLP.

    John Tomlinson, LL.B., is a lawyer in Toronto. He worked as a legal counsel to the Ontario Ministry of Municipal Affairs for more than 20 years. During this time, he drafted sample by-laws that the Ministry made available to Ontario municipalities. Most recently, he participated in the drafting of the amendments to the Ontario statutes that were necessary as a result of the enactment of the Ontario Municipal Act, 2001 and of the amendments to the City of Toronto Act, 2006 that were required as a result of the repeal of more than 60 private Acts relating to the area municipalities that comprised the former municipality of Metropolitan Toronto.

     

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