This document provides information about an upcoming two-day workshop on January 29-30, 2015 in Toronto titled "6th Advanced Creating & Enforcing Municipal By-Laws". The workshop will provide best practices for creating, reviewing, and enforcing municipal by-laws. It will include sessions on drafting enforceable by-laws, addressing social issues through by-laws, balancing individual and community rights, and defending against court challenges. The workshop is aimed at municipal lawyers, clerks, enforcement officers and councillors.
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To find out more and view other Whose Economy? papers, presentations and videos visit:
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Corporate governance training for Governing Council Members and SecretariatDr. Gabriel Lubale, PhD.
Corporate governance broadly refers to the mechanisms, relations, and processes by which a corporation is controlled and is directed; involves balancing the many interests of the stakeholders of a corporation or Association.
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Dr Calum Macleod, from the UHI Centre for Mountain Studies, Tim Braunholtz-Speight and Dr Isse Macphail, from the University of the Highlands and Islands, and Derek Flyn, Sarah Allen and David Macleod, from Rural Analysis Associates, talk about land reform in Scotland.
The Whose Economy? seminars, organised by Oxfam Scotland and the University of the West of Scotland, brought together experts to look at recent changes in the Scottish economy and their impact on Scotland's most vulnerable communities.
Held over winter and spring 2010-11 in Edinburgh, Inverness, Glasgow and Stirling, the series posed the question of what economy is being created in Scotland and, specifically, for whom?
To find out more and view other Whose Economy? papers, presentations and videos visit:
http://www.oxfamblogs.org/ukpovertypost/whose-economy-seminar-series-winter-2010-spring-2011/
A transparent decision-making process in which leadership of a civil society organization, in an effective and accountable way, directs resources and exercises power on the basis of shared values.
Presentation from ICNL's Workshop 'Developing Civil Society Law in Bahrain' . This and many other presentations on the subject can be downloaded at http://www.icnl.org/programs/location/mena/bahrain/
Presentation by Jorge Ortega González, Director General of Legal Advisory, Contracts and Agreements, Ministry of the Interior of Mexico, during the Seminar on Integrity in Lobbying at OECD Integrity Week 2014. Further information is available at http://www.oecd.org/cleangovbiz/oecd-integrity-week-2014.htm.
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ACEM1501-E
1. Applicable toward CPD Requirement
6th
Advanced Creating &
Enforcing Municipal
By-Laws Best practices for creating, reviewing and
enforcing bylaws
January 29 & 30, 2015,Toronto
Workshop Included:
Advanced Techniques For Drafting Enforceable By-laws
Provincial & Municipal In-house Counsels; Municipal Solicitors;
Municipal/City Clerks, Corporate Officers & Council Members; Munici-
pal Law Enforcement Officers; Lawyers
who should attend
Course Leader
Wendy Law,
City of Mississauga
Course Leader
Lisa Pasternak,
City of Hamilton
Nicole A. Auty,
The Corporation of the City of
St. Catharines
Anita Bromberg,
Canadian Race Relations
Foundation
Kenneth L. Beaman,
City of Niagara Falls
Speakers&ParticipatingOrganizations
• Hear city solicitors from some of the country’s most innovative
and progressive municipalities
• Look at the remedy options available to municipalities for
ensuring the effective enforcement of their by-laws
• Examine limits and scope of jurisdictional authority granted
to municipalities
• See how by-laws can be used to address issues stemming from
emerging social problems
• Examine advanced drafting techniques used for creating
enforceable by-laws
• Explore the concept of sustainability and the drafting of
municipal by-laws that stand the test of time
course highlightsTracey Burrows,
City of Burlington
“Good overview of development process and issues affecting
the industry”
“Excellent information from very knowledgeable experts”
“Learned things I can use in ongoing work”
“Good overview of the topics”
George H. Rust-D’Eye,
George H. Rust-D’eye
Marc P. Kemerer,
Blaney McMurty LLP
Hans J. Saamen,
The Regional Municipality
of York
David J. Potts,
City of Oshawa
Sara Sirouspour,
City of Brantford
Michael H.D. Bowman,
Osler Hoskin & Harcourt LLP
Jean Gillespie,
City of Brampton
Two-Day Event!
2. WENDY LAW
Wendy Law is the Deputy City Solicitor
for the Municipal Law Section at the City
of Mississauga. She and her team are
responsible for providing strategic legal
advice to council and various departments
within the city.
LISA PASTERNAK
Lisa Pasternak is a Senior Solicitor with the
City of Hamilton. She previously worked as
a solicitor for the City of London, the Region
of Waterloo and the City of Kitchener. One
focus of her work has been on the develop-
ment and maintenance of by-laws.
NICOLE A. AUTY
Nicole A. Auty is the City Solicitor/Director,
Legal Services with The Corporation of the
City of St. Catharines. She has served on
the Executive of the Municipal Section of
the Ontario Bar Association. She is the co-
author of Canadian Forms and Precedents:
Municipal Law and has experience drafting
a wide range of municipal by-laws.
KENNETH L. BEAMAN
Kenneth L. Beaman is City Solicitor at the
City of Niagara Falls. He has advised and
acted for a number of municipalities as both
in-house and external counsel. He has experi-
ence with all aspects of municipal regulatory
law.
MICHAEL H.D. BOWMAN
Michael H.D. Bowman is a Partner at Osler,
Hoskin & Harcourt LLP. His practice includes
land use planning and development; property
assessment, municipal taxation and finance;
expropriation and environmental law.
ANITA BROMBERG
Anita Bromberg is Executive Director at the
Canadian Race Relations Foundation.
TRACEY BURROWS
Tracey Burrows is Manager of By-Law
Enforcement and Licensing at the City of
Burlington.
JEAN GILLESPIE
Jean Gillespie is Manager of Prosecutions at
the City of Brampton.
MARC P. KEMERER
Marc P. Kemerer is a Partner at Blaney
McMurty LLP. His practice focuses on all
areas of land development and municipal
compliance.
DAVID J. POTTS
David J. Potts is City Solicitor at the City of
Oshawa, leading a team that practises in all
areas of municipal and planning law.
GEORGE H. RUST-D’EYE
George H. Rust-D’Eye is a Sole Practitioner.
He practises municipal and planning law,
administrative law and public law litigation.
Formerly, metropolitan solicitor for Toronto,
he is co-author of Ontario Municipal Law: A
User’s Manual 2011 and Ontario’s Municipal
Conflict of Interest Act A Handbook, and
author of the Handbook for Municipal
Councillors.
HANS J. SAAMEN
Hans J. Saamen is Senior Counsel-
Prosecutions at The Regional Municipality of
York.
SARA SIROUSPOUR
Sara Sirouspour is Assistant City Solicitor at
the City of Brantford.
MUNICIPAL BY-LAW JURISDICTIONAL ISSUES
This session will look at determining limits and scope of jurisdictional
authority granted to municipalities.
• Understanding the limits and scope of wider jurisdictional authority
being granted to municipalities
• Trend toward enhancing municipal powers
• Determining exactly the extent of powers your municipality has in
creating by-laws
• Overlapping jurisdictional issues and conflicts
• Limitations imposed on municipalities by provincial authorities
DRAFTING & ENFORCING BY-LAWS:THE PROSECUTOR’S
PERSPECTIVE
Unless a by-law infraction can be successfully prosecuted, the by-law
itself is less than effective. By-law infraction prosecution can fail for a
number of reasons. This session will examine strategies for overcoming
challenges to the traditional enforcement of municipal by-laws from a
prosecutor’s point of view.
• Strategies for the successful enforcement of by-laws
• Impact of poorly drafted by-laws
• Tools for improving prosecution of by-law infractions
• Revising poorly drafted by-laws to avoid prosecutorial difficulties
FACULTY
COURSE PROGRAM
COURSE LEADERS
CO-LECTURERS
While nothing compares to the experience of attending the live event, with its enhanced
networking opportunities and direct contact with leading experts, for those unable to attend
in person FP provides a convenient option to still benefit from this unsurpassed learning
experience:������� FP’s live interactive Webcasts allow you to actively participate in events, from downloading
all material distributed by lecturers to asking speakers questions.
• This program can be applied towards 9 of the 12 hours of annual Continuing Professional Development (CPD) required by
the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.
• For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual
Continuing Professional Development Plan as required by the Law Society of Alberta.
• Attendance at this course can be reported as 10 hours of Continuing Professional Development (CPD) to the Law Society of B.C.
• The Barreau du Québec automatically accredits training activities held outside the Province of Quebec and accredited by
another Law Society which has adopted MCLE for its members
3. BY-LAW ENFORCEMENT PRACTICES
This session will highlight some of the successful by-law enforce-
ment practices that have been followed in recent years in a major
municipality.
• Enforcement philosophy: give it purpose
• The philosophy in action
• The cases that support what you do
• Developing and establishing the difference between regulatory and
criminal law
• Shutting down the diversionary defence
LEGAL REMEDY OPTIONS FOR BY-LAW INFRACTIONS
This session will look at the remedy options available to municipali-
ties for ensuring the effective enforcement of their by-laws, examin-
ing the approaches taken by municipalities in this area.
• Range of civil remedies available
• Creation and use of municipal administrative penalties
• Creating a fair and efficient system of administrative penalties
• Effective remedies to deal with the challenges inherent in the
traditional enforcement of municipal by-laws
COURT CHALLENGES TO MUNICIPAL BY-LAWS
This session will examine Charter issues in the municipal by-law con-
text and provide you with drafting techniques that will help protect
against court challenges.
• Overview of recent challenges to municipal by-laws:
lessons learned
• Growing occurrence of municipal by-laws being challenged in the
courts
• Common challenges to municipal by-laws
• Strategies for defending against court challenges to by-laws
• Drafting practices that can guard against Charter challenges
BALANCING INDIVIDUAL AND COMMUNITY RIGHTS IN
THE BY-LAW PROCESS
This session will examine considerations in drafting and applying
by-laws in a manner that balances individual versus community
rights.
• Areas where community rights come into conflict with the rights of
individuals
• How by-laws may be used to address neighbourhood disputes
• Citizen engagement in the by-law making process
LICENSING AND ENFORCEMENT
Municipalities have an array of administrative tools for the enforce-
ment of licensing by-laws, including administrative orders, admin-
istrative penalty programs and the authority to establish fines. This
session will examine the relationship between these enforcement
options and emerging issues.
• The Ontario Municipal Act: legislative powers under the Act
• Residential rental licensing systems
• Personal information collection and licensing systems
• Administrative penalty systems
• Section 48.1 of the Provincial Offences Act
• Drafting an enforceable licensing by-law
THE PARTICIPATORY PROCESS IN BY-LAW APPROVAL
This session will examine how to get community input in the by-law
process, in order to achieve greater acceptance of government actions.
• Getting community input in the creation of by-laws dealing with
politically sensitive issues
• Determining the type of by-laws best suited for community
participation - is there a duty to consult?
• Establishing an effective process for eliciting a community response
• Incorporating community feedback into the by-law drafting process
• Using community feedback to withstand attacks against by-laws
USING MUNICIPAL BY-LAWS TO ADDRESS SOCIAL
PROBLEMS: CURRENT CHALLENGES
This isession will look at the effectiveness of the increasingly popular
practice of using municipal by-laws to address issues stemming from
emerging social problems.
• Tips for using by-laws to address social issues impacting
municipalities
• Effectiveness of using by-laws to deal with social issues
• Pros and cons of using municipal by-laws to remedy social ills
• Social issues most conducive to being remedied by the enactment of
municipal by-laws
PROBLEMS: CURRENT CHALLENGES
This isession will look at the effectiveness of the increasingly popular
practice of using municipal by-laws to address issues stemming from
emerging social problems.
• Tips for using by-laws to address social issues impacting
municipalities
• Effectiveness of using by-laws to deal with social issues
• Pros and cons of using municipal by-laws to remedy social ills
• Social issues most conducive to being remedied by the enactment of
municipal by-laws
BEST PRACTICE: MUNICIPAL ENFORCEMENT BY-LAW
Municipalities are the level of government that is closest to their citi-
zens. This proximity has many benefits but also presents challenges
in the administration of enforcement systems. This topic examines
one municipality’s approach to codifying best practices for municipal
enforcement systems.
WORKSHOP
ADVANCED TECHNIQUES FOR DRAFTING ENFORCEABLE
BY-LAWS
This workshop will examine advanced drafting techniques used for
creating enforceable by-laws that make the best use of limited
resources.
• Drafting enforceable by-laws with limited resources
• Reviewing drafts to ensure they can withstand legal scrutiny
• Drafting by-laws that assist in the prosecution of by-law offences
• Best practices for avoiding the risk of non-enforceability
COURSE PROGRAM
4. Cancellation: Please note that non-attendance at the course does not entitle the registrant
to a refund. In the event that a registrant becomes unable to attend following the deadline for
cancellation, a substitute attendee may be delegated. Please notify Federated Press of any
changes as soon as possible. Federated Press assumes no liability for changes in program
content or speakers. A full refund of the attendance fee less 15% administration fee will be
provided upon cancellation in writing received prior to January 15, 2015. No refunds will be
issued after this date.
Court Challenges to Municipal By-Laws:
Pre-Empting Challenges at the Drafting Stage
Christina Hueniken
City of Toronto
Best Practices for Reviewing and Revising
Existing By-Laws
Jim Barry, MLEO(c), CMM III
City of Waterloo
Drafting Enforceable By-Laws Step-by-Step
Signe Leisk
Cassels Brock & Blackwell LLP
Drafting Zoning By-Laws at the City of Ottawa
Dan Garvey
City of Ottawa
Balancing Individual and Community Rights in
the By-Law Process
Heather A. Salter
Town of Fort Erie (Corporation of the)
Using Municipal By-Laws to Address Social
Problems: Current Challenges
Kim Mullin
WeirFoulds LLP
The Participatory Process in By-Law Approval
Chris Barnett
Davis LLP
Legal Remedy Options for By-Law Infractions:
Implementation of Municipal Administrative
Penalties
Janice Atwood-Petkovski
City of Vaughan
Creating Sustainable By-Laws
Gerald S. Swinkin
Blake, Cassels & Graydon LLP
Municipal By-Law Jurisdictional Issues
Laura Bisset
Davis LLP
Municipal Administrative Penalty Systems:
Issues & Implementation
David J. Potts
City of Oshawa
Community & Stakeholder Relations: Best
Practices
Daniel Tisch
Argyle Communications
Building a Strong Policy Community to Improve
Policy Capacity
Ray Pichette
Ministry of Natural Resources (Ontario)
The Future for the Development Community
Ian Panabaker, CAHP, MRAIC
City of Guelph
Communicating Municipal Budgets
Amber Harrison
Town of Newmarket
Drafting Sustainable By-laws: What do the
Numbers Really Mean?
Jean Monteith
Monteith Brown Planning Consultants
The Evolution of Zoning
James Dyment, BES, MCIP, RPP
Meridian Planning Consultants Inc.
The Role of the Privy Council Office in Fostering
Policy Coordination
Karl Salgo
Privy Council Office (PCO)
Implementation (Design, Permits, and
Construction)
Jeff Murva
PHA Project Management Inc.
Planning in the New Reality: Continuity of
Operations from a Municipal Perspective
James Kilgour
Region of Peel
Online Payment Options
Murna Dalton
CGI Group Inc.
Case Study: Strategies for Collaborating with
Municipal Governments
Gordon K. McIvor
Canada Lands Company
Collaborating with Provincial and Municipal
Governments to Move Your Issue Forward
Michael Teeter
Hillwatch Inc.
Advanced Techniques for Drafting Enforceable
By-Laws: Avoiding the Risk of Non-Enforceability
N. Edward (Ted) Davidson
Ted Davidson (Consultants) Inc.
Municipal Liability Arising from Planning & Land
Use Development
Mary Ellen Bench
City of Mississauga (Corporation of the) - Lgl Servs
Payment must be received prior to
Phone: 1-800-363-0722 Toronto: (416) 665-6868 Fax: (416) 665-7733
Registration: To reserve your place, call Federated Press toll-free at 1-800-363-0722.
In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the
registration form. Places are limited. Your reservation will be confirmed before the course.
TO REGISTER FOR 6TH ADVANCED CREATING AND ENFORCING MUNICIPAL BY-LAWS
MAIL COMPLETED FORM WITH PAYMENT TO:
Federated Press P.O. Box 4005, Station “A”
Toronto, Ontario M5W 2Z8
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WHEN CALLING, PLEASE MENTION PRIORITY CODE:
ACEM1501/E
Location: Courtyard by Marriott Downtown Toronto, 475 Yonge Street, Toronto, ON, M4Y 1X7
January 22, 2015
Discounts: Federated Press has special team discounts. Groups of 3 or more from the same
organization receive 15%. For larger groups please call.
The “Proceedings” is your Web repository of learning resources for this event. It includes:
- the recording of the lectures at the forthcoming event itself, including documentation, slides and audio-visual;
- 25 or more carefully selected additional lectures (below), which are intended as a recommended enrichment of the course content, with many
additional topics covered.
The price of the Proceedings (one user licence) is $299 if you are attending in person or by Webcast; or $799 otherwise.
PROCEEDINGS
REGISTRATION COSTS
NUMBER OF PARTICIPANTS:
COURSE: $1975
WEBCAST: $1575*
COURSE + PROCEEDINGS:
$1975 + $299 = $2274
WEBCAST + PROCEEDINGS: $1874
PROCEEDINGS: $799*
NOTE: Please add 13% HST to all prices.
Proceedings will be available 60 days after the
course takes place
Enclose your cheque payable to
Federated Press in the amount of:
GST Reg.# R101755163
PBN#101755163PG0001
For additional delegates please duplicate this form
and follow the normal registration process
* One user licence
* One user licence
Conditions: Registration covers attendance for one person, the supplementary course ma-
terial as described in this document, lunch on both days, morning coffee on both days and
refreshments during all breaks. The proceedings of the course will be captured on audio or
video.
Time: This course is a two-day event. Registration begins at 8:00 a.m. The morning sessions
start promptly at 9:00. The second day ends at 5:00 p.m.