[All] Fw: Paving of the Wilmot Line & Municipal Laws

[Louisette Lanteigne]

Hi folks
I've sent off the following email to Wilmot and Waterloo Councils and I'm officially calling for the MOE to investigate what took place on the Wilmot Line. 
In sharing this data openly with all parties it demonstrates good faith towards the efforts to communicate and it also secures that there is no plausible deniability from this point on which hopefully will deter any further road augmentations until this matter has been reasonably addressed.  
Lulu
--- On Tue, 8/9/11, Louisette Lanteigne <butterflybluelu at rogers.com> wrote:

From: Louisette Lanteigne
 <butterflybluelu at rogers.com>
Subject: Paving of the Wilmot Line & Municipal Laws
To: les.armstrong at wilmot.ca, barry.fisher at wilmot.ca, al.junker at wilmot.ca, jeff.gerber at wilmot.ca, peter.roe at wilmot.ca, mark.murray at wilmot.ca, tim.ryall at ontario.ca, cbentley.mpp at liberal.ola.org, commissioner at eco.on.ca, dcansfield.mpp at liberal.ola.org, kwynne.mpp at liberal.ola.org, jwilkinson.mpp.co at liberal.ola.org, rbartolucci.mpp at liberal.ola.org, scott.witmer at waterloo.ca, karen.scian at waterloo.ca, angela.vieth at waterloo.ca, diane.freeman at waterloo.ca, mark.whaley at waterloo.ca, jeff.henry at waterloo.ca, melissa.durrell at waterloo.ca, brenda.halloran at waterloo.ca
Date: Tuesday, August 9, 2011, 7:28 PM

Dear Hon. Ministers, Mayors and Council members.

Both
 the Township of Wilmot and the City of Waterloo are lower-tier
 municipalities within the upper-tier municipality of the Region of 
Waterloo. 

Section 29 of the Municipal Act, 2001 (S.O. 2001, c. 
25) states that local municipalities on either side of a boundary line 
have joint jurisdiction over any highways forming the boundary line. The
 Municipal Act, 2001 defines ‘highway’ as a
 common and public highway and includes any bridge, trestle, viaduct or 
other structure forming part of the highway and, except as otherwise 
provided, includes a portion of a highway.                        Ontario 
Regulation 239/02 sets out the minimum maintenance standards for 
municipal highways and includes provisions dealing with non-paved roads.  Section 27 of the Municipal Act, 2001
 states that where a highway is under joint jurisdiction of two or more 
municipalities, a by-law in respect of that highway must be passed by 
all of the municipalities having jurisdiction over the highway. 

In regards to the paving of the Wilmot Line, it appears that a by-law has not been 
properly passed by both municipalities. No by-law dealing with road 
maintenance was available on the Township of Wilmot website, but 
presumably the paving was authorized pursuant to such a by-law.
 If so, 
section 273 of the Municipal Act, 2001 provides that any person 
can apply to the Superior Court of Justice to quash a by-law in whole or
 in part for illegality. Perhaps the sections of the by-law (or the 
by-law as a whole as it applies to this road) could be challenged in 
this manner as the town must have passed a by-law jointly with the City 
of Waterloo to deal with this road.  I would like to encourage 
the City of Waterloo to challenge the township of Wilmot's bylaw that allowed the paving of Wilmot LIne in Court.  The
 EA  process prior to paving the roadway should have occurred according to the 
Municipal Class Environmental Assessment, as amended in 2007. Under 
section 13(3) of the Ontario Environmental Assessment Act, no 
undertaking subject to the MCEA is to proceed unless it does so in 
accordance with the class EA or with the approval of the Minister. 
Failure to properly comply with this provision is an offense under 
section 38 of the Environmental Assessment Act.
In light of this information would like to formally 
request that the MOE undertake an investigation on the paving of the Wilmot Line. 

On Saturday August 6, 2011 at 6:43 PM, an email titled Wilmot Line Paving & OMB concerns was sent to MOE Minister Wilkinson as well as members of City of Waterloo and Township of Wilmot Council. Please feel free to reference the email for further information regarding this matter. 

Thank you kindly for your time. 

Louisette Lanteigne700 Star Flower Ave.Waterloo Ontario
N2V 2L2
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