King Township Council passed a resolution Monday, which if fulfilled, will enhance the ability of all municipalities to exercise their authority to protect water sources in their area. Specifically, our resolution asks the federal Ministry of Transport, Infrastructure and Communities, to amend the Aeronautic Act, so that there is no ambiguity as to the need for aerodrome operators seeking to construct or expand an aerodrome facility to consult with the would be host municipalities; with such clarity the latter will be able to execute their responsibility to protect water sources in their area. Because of the lack of clarity in the legislation Municipalities are spending money and time in the Courts to defend their right to enforce their fill bylaws which is the mechanism by which they protect water sources.
Background: Using authority assigned to us by the Municipal Act King Township, and other municipalities, create bylaws to allow enforcement of a broad range of activities including the dumping of fill. During that last couple years it has been demonstrated in other municipalities that even if the bylaw to regulate that activity is very rigorous and comprehensive, the Municipality may not be able to efficiently administer their bylaw because proponents will claim that the Municipality does not have authority on the proposed activity because the latter is under the jurisdiction of a higher level of government. Specifically, the Aeronautics Act addresses the operations of aerodromes; but it simply does not address the construction or expansion of such. This absence has proven to be an opportunity for proponents to argue that the municipality has no authority.
To date King Township has not been a target for such activity but we could be. But more importantly I sponsored the motion as I think we are well positioned to play a leadership role in such matters. Finally, as the early champions of the Moraine arefrom King Township our role in protecting this legacy is even stronger.
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