Proponent’s current work after 9:00 pm is illegal

Proponent was given too much over the past four years, but now says they will break by-laws to take more

As reported Thursday by MyMuskokaNow / MooseFM, during the week of December 12, 2018 the proponent offered to pay the Township of Muskoka Lakes so the proponent could continue to contravene the Township’s by-laws with construction work later than the 9:00 pm allowed by the Towsnhip’s Noise Control by-law. 

This offer would continue the proponent’s past of paying cash to get their way, as they;

• Made significant contributions to the Liberal party (as did some of their contractors) only while the proponent was desperately trying to get environmental approval.
• Paid for Lobbyists to scare Premier Doug Ford from keeping his promise to stop this proposed project.
• Paid for but eventually abandoned legal actions to intimidate those questioning them.
• Are now paying lawyers to prevent government documents being released through the Freedom of Information process.

They apparently believe that money should win over democracy.

As reported Friday by MyMuskokaNow / MooseFM, to their credit, Township Council decided they would not accept cash to give a private developer special treatment. Instead, Township Council said they would enforce their by-laws, and we look forward to this.

As reported Sunday by MyMuskokaNow / MooseFM, the proponent is so far behind schedule that they are now working three shifts per day. That would be very expensive given the reputation of Quebec-based construction companies. As the proponent has received everything they asked for from the Township, including no enforcement of the Township’s by-laws, for the past four years, it is quite remarkable that they still don’t have control of their proposed project and need even more concessions and special treatment from the Township. This might be acceptable if the proponent’s work would improve Bala, but this work can only lead to endangering local residents, visitors, and the area businesses by the operation of this proposed project.

The whole mess in Bala is due to the Township agreeing to lease three parcels of Township-owned or -controlled land to the proponent. A copy of the executed Lease is here. Section 11 (c) of the Lease requires that the Township pass by-laws exempting the proponent from particular by-laws for particular purposes, for example:

• The proponent would be exempted from the Noise Control by-law only for the purposes of running dewatering pumps to pump water from their excavation 24 hours per day.
• As required by the Lease, Section 4 of the resulting “by-law exemption by-law” 2016-161 allows running electric water pumps 24 hours per day.
• Section 6 of the by-law exemption by-law provides an exemption from the Dark Sky by-law, but allowing lighting only for “normal security practices” – that is for security, but not for construction purposes.

If the proponent decides to contravene the township’s by-laws, the Township’s notes their current by-laws only allows for a fine of $150. However, in this case, the Township has far more power, as follows:

1. Sections 8 (c) and 8 (e) of the Lease requires that SREL comply with the Township’s by‐laws.
2. Section 15 of the Lease specifies that the Township may terminate this Lease agreement if SREL does not comply with the Township’s by‐laws.
3. Section 8 (o) of the Lease specifies that SREL will pay any legal costs the Township incurs in enforcing the provisions of this Lease agreement.

Therefore, if the proponent does not comply with the Township’s by-laws, the Township should notify the proponent that:

1. Their lease is being terminated.
2. They are to begin construction of a concrete wall so that their cofferdam can be removed by March 1 for the spring freshet, as they did last year.
3. The proponent is to pay for the Township’s legal costs for pursing this enforcement action.