PROUD Requesting OMB Review of Port Tower Decision
Request Based on New Information
March 27, 2009
OMB RULING CONTRADICTS PORT DECISION. PROUD REQUESTING OMB REVIEW
"In dealing with the City's argument to treat the Port Dalhousie Heritage District Guidelines for Conservation and Change as a Heritage Plan under the Ontario Heritage Act 2005 (which would accord it an elevated legal status), ....she (Ms. Campbell) decided ...that she would not treat the Guidelines as a Heritage Plan as suggested by my representations" (City Solicitor Annette Poulin in report to Council dated March 5, 2009). An OMB decision within a Heritage Conservation District (HCD) in the City of Vaughan was based on a totally different interpretation of the Ontario Heritage Act. The Vaughan decision, issued 8 days prior to the Port decision, directly contradicts Campbell's ruling. “We were deeply disturbed by this news and will be requesting an OMB review to clarify these conflicting legal interpretations", stated PROUD President David Bergen (see excerpts from Port and Vaughan Decisions below).
On March 9, 2009, PROUD, advised Council it would not be appealing the Port OMB decision to the courts. Despite not having appealed, PROUD continues to believe in always being open and clear with our elected representatives and is informing Council that it will be requesting an OMB review of the conflicting decisions. It is PROUD's responsibility to do so in support of the City's, and its own, arguments in support of the Heritage Guidelines. PROUD strongly believes that the Port District Plan has the elevated status provided by the 2005 Heritage Act and that, accordingly, Council "shall not ...pass a by-law for any purpose that is contrary to the objectives set out in that plan". [41.2 (1) (b) of Ontario Heritage Act]. Should the OMB review uphold the City/PROUD position, this will protect our precious heritage for current and future generations -not only in our own Port, Yates and Queen districts but, in the other 90 or so Heritage Districts across the Province.
PROUD (Port Realizing Our Unique Distinction) is a Port Dalhousie, community-based, all-volunteer organization founded in 1999. PROUD spearheaded the extensive community consultation process that led to Port Dalhousie being designated as a Heritage Conservation District under the Ontario Heritage Act. Our over 600 members are pro-development and pro-heritage. They strongly support development that is consistent with heritage enhancement and protection.
Excerpts from Port and Vaughan Decisions
Port Decision - February 26, 2009: "...the Board cannot find, on the evidence, that the District Guidelines were adopted by City Council following a public process like that contemplated by section 41.1 of the new Heritage Act. ...If the City believes that the District Guidelines constitute a 'moral contract' (as argued by the City Solicitor), it should have followed the provisions of section 41.1 and adopted the District Guidelines through a by-law".
Vaughn Decision - February 18, 2009: "Neither provision specifies that the HCD Plan must have been 'adopted under section 41.1', to be binding on by-laws. This means that the Kleinburg-Nashville Heritage Conservation District Plan (adopted prior to 2005) is still binding on any By-laws 'that affect the designated district', whether the plan was updated or not".
Type of News Item: News
For More Information Contact:
Carlos Garcia
PROUD Port Dalhousie
(t)905-937-7012
