Is the direction Pelham is taking, the will of the people or the goals of a few in the inner circle?

By-Laws of this nature are an expropriation of property rights and/or trespass leading to a decrease in property value.


The town of Pelham is creating and attempting to impose very restrictive By-Laws on private property, rural and urban. Many of these By-Laws are far more restrictive than most people realize.

By-Laws such as “Site Alteration and Power of Entry” are far too much control for a municipality to have, not mention, unlawful. As landowners we have a vested interest in our properties and so By-Laws of this nature are an expropriation of property rights and/or trespass leading to a decrease in property value. Enforcement of these By-Laws will potentially cause huge legal ramifications for municipalities. Crown Instruments used to transfer Title of Crown lands are still in effect today and are mentioned in the “Ontario Municipal Act” section 14 “Conflict between by-law and statutes, etc.,” and 15. “Restrictions Affecting Municipal Powers Specific powers, by-laws under general powers.” I am not a lawyer and do not give legal advice. All I am saying is this document and hundreds of others explain municipal limitations and are available to anyone. The problem with municipal councillors and mayors is they have not been properly informed, are being misled, and are not listening to the residents same goes for some members of staff. It is the un-elected clerks and the CEO that run our communities. If you ask, you would be amazed how few of your elected officials have even read the Official Plan. Most times council has no idea what they are voting on. Elected officials don’t seem to get the point that whatever happens on your property also happens on their own. They don’t understand that they might not get elected next time and then someone can make a complaint against them and that these by-laws can be implemented on them. This is happening throughout Ontario. All of us, as members of our community, need to inform council what direction or path we want our community to take. We cannot have our communities run by a few that do not understand the law and how they must, according to the Councillors Guide 2010, know all legislation that affects the municipality plus the Constitution and all case law. They should obtain Regulation 322/12 and they would know “site alteration by-laws” cannot be passed. Remember you have “Vested Interest” in your property be it a residential lot or 100 acres. Don’t let council corrupt a mechanism that is already in place. It’s up to you to make them do their jobs.

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Guest Column——

Items of notes and interest from the web.