Court File and Parties
CITATION: Town of Laurentian Hills, 2022 ONSC 2028
COURT FILE NO.: CV-22-29
DATE: March 31, 2022
SUPERIOR COURT OF JUSTICE – ONTARIO
BETWEEN: Town of Laurentian Hills
BEFORE: Honourable Mr. Justice Martin James
COUNSEL: J. Paul R. Cassan
DATE HEARD: March 25, 2022
Endorsement
James J
[1] This is an application made without notice pursuant to s. 7(2) of the Municipal Conflict of Interest Act for an order declaring that all members of the municipal council of the applicant may give consideration to, discuss and vote on matters pertaining to the Near Surface Disposal Facility (hereinafter “NSDF”) proposal of Canadian Nuclear Laboratories LTD (hereinafter “CNL”).
[2] Without an order, council would be at risk of not achieving the necessary quorum to make decisions or conduct business in relation to the enumerated items.
[3] The request presumes that all members of council have a conflict of interest within the meaning of the Act. This was addressed in the decision of Regional Senior Justice MacLeod in Re: Town of Laurentian Hills, 2020 ONSC 794 where he noted at para. 2 that every member of council receives remuneration or is closely related to someone who receives remuneration from CNL.
[4] R.S.J. MacLeod granted an exemption for a specified list of matters involving the applicant’s dealings with CNL. The request currently being advanced by CNL is subsequent in time to the matters addressed by R.S.J. MacLeod. Specifically, CNL has asked council to receive a delegation for a presentation on the NSDF, to express its support for the project, to intervene as a supporter of the project at public hearings, to participate in and make submissions on the Impact Assessment process and to make submissions and receive updates from CNL with respect to its application to amend its site licence to authorize the construction of the NSDF.
[5] While the appropriateness of constructing the NSDF may be controversial and the subject matter of public discussion, the decisions of members of council regarding the NSDF project are an aspect of council’s mandate to provide municipal government to the community they were elected to serve.
[6] The issue is one of governance and political decision-making rather than a concern about members of council receiving personal financial benefits. In my view, the granting of an exemption as requested by the applicant does not offend the spirit or legislative intent of the Act. The Act is intended to prevent members of council from compromising their public duties in order to secure personal pecuniary benefits.
[7] Section 7 of the Act provides as follows:
7 (1) Where the number of members who, by reason of the provisions of this Act, are disabled from participating in a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, then, despite any other general or special Act, the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two. R.S.O. 1990, c. M.50, s. 7 (1).
(2) Where in the circumstances mentioned in subsection (1), the remaining number of members who are not disabled from participating in the meeting is less than two, the council or local board may apply to a judge without notice for an order authorizing the council or local board, as the case may be, to give consideration to, discuss and vote on the matter out of which the interest arises. R.S.O. 1990, c. M.50, s. 7 (2).
(3) The judge may, on an application brought under subsection (2), by order, declare that section 5, 5.1 or 5.2 does not apply to the council or local board, as the case may be, in respect of the matter in relation to which the application is brought, and the council or local board thereupon may give consideration to, discuss and vote on the matter in the same manner as though none of the members had any interest therein, subject only to such conditions and directions as the judge may consider appropriate and so order. R.S.O. 1990, c. M.50, s. 7 (3); 2017, c. 10, Sched. 3, s. 6.
[8] I am satisfied that it would be appropriate to grant the requested order. The order shall be posted in the municipal office and on the applicant’s website. An order may issue in accordance with the draft order filed with the provisions respecting posting added to it.
Justice M. James
March 31, 2022
CITATION: Town of Laurentian Hills, 2022 ONSC 2028
COURT FILE NO.: CV-22-29
DATE: March 31, 2022
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN: Town of Laurentian Hills
BEFORE: Justice M. James
ENDORSEMENT
James, J.
DATE RELEASED: March 31, 2022