🚀 go-pugleaf

cs905@FreeNet.Carleton.CA (Stephen Saikkonen) wrote:

>In Ontario, there was a new law passed recently that would allow a
>provincial mediator to force municipal amalgamation if the municipalities
>involved cannot agree on an amalgamation plan.

>Apparently, if this happens, there can be no appeals to the Ontario
>ministry of Municipal Affairs (or the OMB). I don't know if it would
>prevent individuals or the municipalities involved from stopping the
>amalgamation through the courts.

It has to do with the Constitution. Municipalities and their
administration (not governments) are the sole creation of the
Provincial Crown. They have no Constitutional powers of their own.

Consequently, the Provincial Crown has absolute discretion in how
municipalities are set up.  The province could just as easily decide
to abolish municipalities altogether and govern the entire province
directly.

That means that the courts have no jurisdiction.


Karl Pollak <kpollak@portal.ca>
Richmond, British Columbia