Provincial Politics – Scripturient

May 9, 2016May 12, 2016

Two conferences and a show

I had the honour and the enjoyment of attending two municipal conferences last week. While no longer directly involved in politics, I am able to keep my finger in some of the political pies through my current work for an NGO. Plus, I like to remain informed and up-to-date about politics and governance, and am always looking for opportunities to increase my knowledge and understanding of pretty much any topic.

The first event was the Ontario Water Conference, in Windsor. While predominantly a technical and operations event for facility managers and operators, it also has a good political component where utility board members and politicians can learn about initiatives, developments and government updates.

I sat in on presentations over two days, learning about levels of service and risk models; improvement actions from frozen services; eco-fiscal challenges to building resilient communities; business case for a one-water approach; updates from the IESO, the MOE, MOECC, Drinking Water Advisory Council and Safe Drinking Water Branch of the MOECC. From climate change to electricity prices to algal blooms and utility board governance… I learned a lot.

The great majority of workshops were, however, technical, and well out of my depth of knowledge. It also has a large trade show where attendees can see the latest updates in water-related technologies and discuss their implementation with the vendors.

As the website tells it:

The Conference continues to be the premier drinking water event in Ontario, consistently attracting over 900 delegates from all areas of our industry: operators and owners, manufacturers and suppliers, consultants, academics and regulators. The Trade Show has more than 100 exhibitors representing the manufacturers and suppliers of products and services to the water industry. This is a great opportunity to network, and keep informed about technical, regulatory, and equipment development which affect the industry.

I would have assumed that any politician who sits on a water utility board or any public member of such board, who is dedicated to their role and cares about water would have at least made the effort to attend these sessions. After all, they are personally liable for the quality of our water and can be sued for not maintaining it.

I guess if you don’t read the Clean Water Act, this might not concern you. (Hint: it’s crucial reading for members of water utility boards like ours…)

However, there were not many politicians in sight, although I did encounter a few. While I recognized several water utility employees from Collingwood, none of its water utility board (which consists of five inexperienced, neophyte politicians) was present. You would think someone who knew nothing about the subject would be eager to learn about what they have the responsibility over, but perhaps I expect too much from them. Ignorance is bliss, they say.

Continue reading “Two conferences and a show”

January 16, 2016

The Political Agnostic

Watching the American political debates, especially the increasingly vituperative and acerbic Republican debates, reminds me again why I am a political agnostic when it comes to party politics. I simply cannot believe that any single political entity, any party or person, has all the answers or can dig us out of whatever hole we’re currently in.

And America, with its rigid, two-party system, has seen its electoral options, choices and opportunities reduced to caricature status. On one side, a group of frighteningly racist, homophobic, xenophobic, gun-fanatic Christianists. On the other, a woman with no clear policies but a sense of entitlement.

And then there’s Bernie Saunders, who is the closest thing to an independent I’ve seen in years. He’s the best and brightest hope American politics has seen since JFK. And unlikely to be chosen as the Democratic candidate by a political system in which both parties are built on money, graft, corruption, corporate lobbying, and catering to the lowest common denominator.

Continue reading “The Political Agnostic”

November 8, 2015

Proportional Representation in Canada

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Another Canadian election has gone by where the majority government is formed by a party winning only 40% of the popular vote. This has political watchers and pundits increasingly vocal about changing the electoral system. But most of them agree it needs changing.

So far, however, the Liberals are mum on how their campaign promise to reform our electoral system will be implemented. And while I have faith our new Prime Minister will be true to his word, since it will come from a committee effort, one can only wonder what sort of camel that horse will be.*

Over the past few years, I have become increasingly interested in election reform and the institution of a better, more equitable and more democratic form of representation. With the passage of the voter control legislation by the Harper Conservatives – a law that represses voter participation in our democracy, rather than encouraging it – I became concerned that unless we change the system, we are doomed to continuing abuses in our less-than-representational governments.

However, I have yet to see proposed a system that, in my mind, works efficiently. Proportional voting has three distinct methods, and a couple more sub-methods, none of which strike me as entirely satisfactory. But all seem more fair than our current method in giving Canadians real representation. Fair Vote Canada notes the goal of proportional representation is…

…to balance the benefits of introducing some element of proportionality with the capacity to maintain accountable government, most notably as a direct link between elected politicians and their constituents.

Back in 2007, there was a referendum in Ontario for a mixed-member proportional system. It failed (36.9%) to garner the support, probably because the proposed system was simply too damned complicated. Selling a new voting method to the public is never going to be easy easy, but this one sank itself by being so hard to articulate. Plus the process of explaining (and selling) it was poorly organized. As Wikipedia notes:

A June Environics poll showed that 70% of those polled were not familiar with the proposal, including over 50% who knew nothing at all about the upcoming referendum… Citizens were expected to get the information they needed from various websites or from the press. Remarkably, although the Citizens’ Assembly had produced a shorter version of their report and a short leaflet further summarizing it, Elections Ontario distributed neither, to the surprise and disappointment of the Citizens’ Assembly.

As it notes on the Fair Vote Canada site, there’s more than a change to to way we count votes in a proportional method:

PR Systems MUST have multi-member districts: One key feature of PR voting systems is that they use electoral districts that elect two or more MPs. PR-list and STV do this by combining current single member ridings into larger multi-member ridings. If five ridings are combined into one, then all voters in that new riding will help elect 5 MPs for that riding.

Recreating election districts for the whole nation is not an inexpensive proposition. Plus I expect it to be fraught with controversy as such changes in the past have been. However, I trust the pain will be worth the gain in strengthening our democracy.
Continue reading “Proportional Representation in Canada”

October 20, 2015

The high cost of affordability

Affordable housing is crucial to the economic and social vitality of every municipality. Without it, people cannot afford to live here, which means they will look for jobs in places they can afford. Young people, especially, will move to places they can afford better.

Collingwood is especially vulnerable to housing issues.* Given that the growth trend in our area is in low-paying (minimum wage), and part-time employment, finding affordable housing has become increasingly difficult for many people. Simcoe County itself estimates that a “single individual on Ontario Works would need to spend 108% of his/her monthly income to afford to live in the County.”

And as the Simcoe County housing strategy continues:

The Southern Georgian Bay area, while home to a thriving tourism industry, is also experiencing an aging population, high market rental rates, and a higher incidence of low income in private households.

Skyrocketing real estate costs contribute to the devaluation of a community. They push up taxes, living costs, rent, and utility bills. It takes a mature, wise and compassionate council to find ways to counter rising taxes and keep their community affordable. **

As the Ministry of Municipal Affairs and Housing notes on its website,

Decent housing is more than shelter; it provides stability, security and dignity. It plays a key role in reducing poverty and building strong, inclusive communities.

But housing is a complex, challenging issue for municipalities and municipal politicians. Solutions are often very expensive; more than a small community can afford.

Councils have no direct control over real estate values (a problem compounded by the out-of-control Municipal Property Assessment Corp – MPAC – which raises property values across the province by computer formula, from its ivory tower offices, without conversations with local officials).

Municipalities also lack the legal muscle to demand private-sector development of lower-cost housing and much-needed rental properties like apartments (few young people can afford to buy homes, especially in a community that offers predominantly low wage job opportunities, so a supply of affordable rentals is critical).

On top of that, jurisdiction for affordable housing usually lies with a higher-tier government. In Collingwood’s case, it falls under the authority of Simcoe County. There are already 4,113 social housing units in Simcoe County, including approximately 3,035 rent-geared-to-income units. The County provides rent subsidies to 28 housing providers for 2,878 non-profit units, 60% rent-geared-to-income and 40% market rent. The county has already invested $3.4 million in maintaining its housing assets.

Before we go further, let’s dismiss some emotional – and inaccurate – impressions. Affordable housing doesn’t mean subsidized housing (although subsidized housing is also affordable). It represents a range of housing types. As the Federation of Canadian Municipalities (FCM) defines it, it’s an economic condition:

Affordable housing generally means a housing unit that can be owned or rented by a household with shelter costs that are less than 30 per cent of its gross income.

Last Tuesday, Simcoe County Council heard a presentation on the county’s long-term plan for affordable housing. Given its importance, it’s unfortunate neither of our own council reps were there to hear it.

I, however, had the fortune of being there for what proved an eye opener.
Continue reading “The high cost of affordability”

October 16, 2015

Apps are making us criminals

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Almost every week you read in the news about another taxi driver protest against Uber and its drivers. Taxi drivers go on strike, some rage against Uber and attack the drivers or damage their cars.

Similar protests – albeit not yet as violent or large – have been made against Airbnb for its effects on local property values and changing social conditions like the loss of rental properties.

These are just two of the apps whose effect on our society and culture are challenging laws and policies. There are others now that attempt to clone the success of their competitors with similar service (like Lyft and Homeaway – but I’ll concentrate on these two as examples of what can and does happen).

And in the process making criminals of its users.

That’s right: using these apps, both as a service provider for the companies and a user of those services often breaks existing laws, such as zoning or licensing. Renting your home for short-term rentals through Airbnb, for example, is illegal in many Ontario municipalities – including Collingwood – because zoning bylaws prohibit short-term rentals in residential areas.

Municipalities worldwide are increasingly challenged by these and similar programs that function counter to municipal bylaws, policies and operations. And they eventually cost taxpayers money.

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It’s not a small deal. These can hurt our economy, kill jobs, and put people and property at risk. The corporations that operate them don’t give a shit. They’re too busy laughing all the way to the bank every time you use them.

Continue reading “Apps are making us criminals”

April 9, 2015

Ontario’s Assault on Health Care

Earlier this month, the Ontario government took a shot at real medicine when it became the first province in Canada to regulate homeopathy. What the government should have done, if it had any real concern about our collective health or our health care system, is ban it.

Instead, although it at first seemed an April Fool’s joke, on April 1 the Wynne government announced legislation that will do nothing but legitimize and help spread this dangerous pseudoscience.

Clearly this was a political move, since it is not motivated by scientific, medical or health-related concerns (nor, apparently information informed by actual science or medicine). But it’s playing to the gullible and the deluded fringe.

No amount of regulation will make homeopathy any more credible, or make it work. It is sheer and unadulterated bunk, and creating a ‘college’ for it makes as much sense as creating one for psychics or astrologers. Which I suspect will come hot on the heels of this move.

Worse, homeopaths will be self-regulating, like doctors and nurses. Talk about the inmates running the asylum. No actual medical or scientific oversight will be in place to dampen their already outrageous and potentially dangerous claims for their quackery. No common sense – let alone science or medicine – will interfere with their preparation of magic water.

Writing in Forbes Magazine, David Kroll commented,

One could be forgiven for thinking that homeopathic drugs are an April Fools’ joke.

Continue reading “Ontario’s Assault on Health Care”

February 26, 2015

What’s Wrong with Municipal Bonusing?

Until the early 1970s, municipalities in Ontario were involved in a free-for-all competition to attract business and industry. They offered tax breaks, free land, free infrastructure, utilities or services, housing — whatever it took to get a plant or office to open within their boundaries. A lot of small Ontario communities were able to attract businesses that way, and many got major industries.

Of course, the local taxpayers paid for these benefits, but the towns subscribed to the theory that eventually the extra jobs and tax revenues coming into the municipality would pay for the up-front largesse through increased revenue across the community. The plants would bring jobs, which would translate into new homes and property taxes, and the increased population would create a demand for other businesses such as retail stores, restaurants, and the service industry, themselves creating new jobs.

For a while, that system worked, mostly to the advantage of municipalities which could both afford the largesse, and had the land and services readily available. Not everyone considered such competition the best way to run a province, however, and there were arguments that through bonusing, municipal taxpayers were increasing the profits of private enterprises.

Then, in 1974, the provincial government stepped in and said the practice wasn’t fair. All municipalities, the province decided, should compete on a level playing ground: bonusing of this sort was made illegal in Section 106 of the Municipal Act. The Act even makes loans illegal:*

Assistance prohibited
106. (1) Despite any Act, a municipality shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. 2001, c. 25, s. 106 (1).
(2) Without limiting subsection (1), the municipality shall not grant assistance by,
(a) giving or lending any property of the municipality, including money;
(b) guaranteeing borrowing;
(c) leasing or selling any property of the municipality at below fair market value; or
(d) giving a total or partial exemption from any levy, charge or fee. 2001, c. 25, s. 106 (2).

David Sunday, a lawyer writing on the Sorbara Law website, noted in late 2014:

Section 106 of the Ontario Municipal Act, 2001 is a much worried about “anti-bonusing” provision of broad application. It is worrisome because its limits and applications are far from clear. By its terms, the provision purports to create an unqualified prohibition on municipalities directly or indirectly assisting any manufacturing, industrial, or commercial enterprise through “bonusing”. The scope of prohibited “bonusing” extends to the giving or lending of any municipal property, including money, guaranteeing borrowing, leasing or selling any municipal property, or giving a total or partial exemption from any levy, charge, or fee.

The change was made more than a generation ago. Since then, the Auto Pact has become defunct, the Canadian dollar has risen too high to offer the economic benefit that once attracted U.S. firms and its recent slide came too late to turn things around. Many factories closed in North America and reopened in Asia, creating massive unemployment everywhere. Consumer buying trends have shifted from quality products to the least expensive on the big-box store shelf. Wages, especially in unionized plants, have escalated to uncompetitive levels compared with Asian workers. It’s a different, more challenging world today.

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Continue reading “What’s Wrong with Municipal Bonusing?”

August 23, 2014

Ontario’s liquor sales conundrum

The C.D. Howe Institute released its report on beer and wine sales in Ontario, today, advocating for a more liberal approach and allowing beer and wine to be sold in other outlets, such as supermarkets and convenience stores. You can read the report here.

I have a grudging respect for the C.D. Howe Institute, but not always an agreement with their conclusions, because I feel they are seldom as free of right-leaning ideologies as I would hope. But the report is a good read, nonetheless. It has a local significance in that we have seen three craft breweries open in Collingwood this term and their well-being is important to our local economy.

Coincidentally, the Beer Store was an exhibitor at the recent AMO convention*, and made presentations (as well as handing out reports) that proved a counterpoint to the C.D. Howe study. It’s a battle of conflicting figures and facts being tossed about.

Of course, The Beer Store (TBS) has a vested interest in keeping its near-monopoly on beer sales. Contrary to what some folks think, the Beer Store – we knew it as Brewer’s Retail when I was growing up – is not a government outlet like the LCBO. It’s privately owned; although it’s technically designated “not for profit” some reports say it managed to garner $700 million in “incremental profits” every year for the past few years.

This figure is challenged by Jeff Newton, President, Canada’s National Brewers, who writes:

The Beer Store does not make $700 million a year in profit; it actually makes no profit, a fact that can be confirmed by reviewing the corporation’s publicly available financial statements.

The so-called 2013 study that produced this erroneous claim was funded by the convenience store lobby association and has since been proven false by two former assistant deputy ministers of finance in the Ontario government.

What the convenience store lobbyists claimed to be a $700-million profit was actually shown to be higher Ontario beer taxes. The report debunking this claim can be found at ontariobeerfacts.ca/files/studies/earnscliffe_comparison.pdf.

Well, if The Beer Store itself isn’t making those profits, the brewers who own it are, according to the CD Howe report:

The Beer Store enjoys significant economies of scale. These factors combined allow brewers to earn what we estimate to be $450 to $630 million in additional profits compared to what would have occurred in a competitive retail market similar to that in Quebec.

Nothing against profits, mind you: they keep the brewers in business. But maybe we could shave off a couple of points to allow some of the smaller, Ontario brewers to get a bit more of the action. Encourage local, home-grown craft breweries.

Over the past few years, TBS has been the subject of considerable political controversy over its practices and policies that, some companies say, are prejudicial against small, craft breweries. The ownership of The Beer Store is also controversial because it is now an international conglomerate, not even Canadian:

…when you buy beer at The Beer Store, you’re actually supporting massive corporations based at least in part in the States, in Brazil, in Belgium, or in Japan — regardless of the brand of beer you actually buy.

The Beer Store, as you probably already know, is actually owned by Labatts, Molson-Coors, and Sleeman, and however Canadian these household brands may sound, they’re not. Molson isn’t really just Molson anymore. It’s Molson-Coors, a company with equal ownership in Canada and the United States. Labatt Brewing Company is owned by Anheuser-Busch InBev, a Belgian-Brazilian multinational company headquartered in Leuven, and, since 2006, Sleeman has been owned by Japanese brewer Sapporo.

As the owners of The Beer Store, these three brewers are not only taking in an astounding 79.2% of the market share of all beer sold in Ontario, but they also gets to make up standards and fees to which any other brewer must adhere if he or she wants the store to stock his or her products.

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June 17, 2014June 17, 2014

Our 21st Century Library

Collingwood Public Library In the 20-plus years I’ve been on the Collingwood Library board, I have watched the functions of the library and its role in the community evolve and change to keep pace with the needs and demands of its growing number of users. It’s been a remarkable, exciting journey.

Of all our civic institutions, I believe the library has best adapted to the new technologies and the changing community demographics. In sheer numbers, it is our most popular, most well-used community facility.

And the library continues to grow in popularity as visits, uses and borrowing expands in leaps and bounds. From the Collingwood Public Library annual report for 2013, presented to Council on Monday night here are a few statistics:

190,121 patron visits (up 6%);
283,467 items borrowed (up 3%);
7,580 e-books borrowed (up 44%);
5,095 program participants (up 26%);
10,663 uses of library computer workstations (up 13%);
13,746 uses of library Wifi network (up 34%);
159,150 visits to library website (up 52%).

Did you also know there are many free online courses available through the library’s website? All you need is your library card to take them. I signed up for Latin! Plus there are databases and online magazines you can read or use for research. And, of course, a large collection of movies on DVD, music on CD and even audiobooks you can check out.

All of this is good news for the community: it shows our library remains on the forefront of the technology wave; adapting and enhancing its services – thanks to terrific, dedicated staff and a supportive, active and engaged board. Plus the library has an excellent relationship with the town’s IT superb department to help make technical and technological decisions and upgrades easier and more efficient.*

The growing community use in all aspects and areas of the library show how prescient the 2003-06 council was in approving (albeit not unanimously**) a new, expanded, award-winning, LEEDS-gold-certified library – long overdue, too.*** According to Ministry standards, our library had outgrown its space around 1990. It took more than 15 years to get a new building with enough space to accommodate the town’s growing population and the library’s own collection.

A modern library is not simply a warehouse for books – themselves often but wrongly portrayed as an aging technology in the era of the e-reader. It is the beating heart of the community. As a page on the Southern Ontario Library Service (SOLS) says about the public library:

Today it is a cornerstone of the community that benefits everyone. Residents of all ages rely on their public library to provide what they need to face the future with the resilience that comes from new knowledge, information, skills, and abilities.

The literacy map for Collingwood is reasonably healthy. According to the Canadian Council on Learning, we’re doing better than much of the country, and the library is one of the main reasons scores have improved over the last several years. But we can’t relax our vigil and take it for granted.

Continue reading “Our 21st Century Library”

February 26, 2014

Time to get serious with distracted drivers

In March, the fine for being caught texting, talking on your cell phone, or tinkering with your MP3 player while driving will jump from $155 to $280 in Ontario.

That’s better, but not good enough.

Distracted drivers are a growing threat to everyone sharing the road – other drivers, pedestrians, and cyclists. We are all at risk.

As the CBC reported:

The fine for distracted driving in Ontario will soon nearly double.

As of March 18, driving with the display screen of a phone, computer, MP3 player or tablet computer visible to the driver will jump to $280 from $155. The total includes a $25 victim surcharge and $5 court costs.

Last week Ontario chief justice Annemarie Bonkalo signed a judicial order approving the new fines.

The fines will not apply to GPS screens.

It’s not enough. The legislation needs to be tougher. It needs to parallel the legislation about impaired driving, or street racing, with similar penalties and fines.

Curiously, as The Star notes, the provincial Liberals (an inconsistent and meandering party seemingly adrift the policy sea, but that’s another post…) didn’t support one of their own MPP’s private member’s bill which would have increased fines and added demerit points:

…the Liberals haven’t pushed a private member’s bill introduced last year by one of their own MPPs, Bas Balkissoon (Scarborough-Rouge River), calling for fines between $300 and $700 and demerit points after one of his constituents, a young mother and community volunteer, was killed by a distracted driver.
“This is a serious, serious community safety issue,” Balkissoon said. “One way or another, I’ll get it.”
He said he was concerned any legislation the government introduces could be delayed by a spring election, and also said he was “disappointed” Bonkalo set the fine at $280 and not his preferred level of $500, the Highway Traffic Act maximum.

So one has to question how seriously the Liberals take the problem.

As the Economist calls it, distracted driving is the “new drunk driving.”

THE driver who killed Jennifer Smith’s mother in 2008 by hitting her car at a crossroads was sober and had never received a speeding ticket. But he was talking on his mobile phone. He was so engrossed that when the policeman later asked him what colour the traffic light had been, the driver said he had not even seen one.

As the article notes, even hands-free devices add to distracted driving:

The human brain has to work harder to process language and communication with somebody who is not physically present. (Conversation with passengers is much less distracting, apparently because those passengers are also aware of the traffic situation and moderate their conversation.) A study by Carnegie Mellon University using brain imaging found that merely listening to somebody speak on the phone led to a 37% decrease in activity in the parietal lobe, where spatial tasks are processed. This suggests that hands-free use of mobile phones cannot help much. Such distractions, according to one study, make drivers more collision-prone than having a blood-alcohol level of .08%, the legal limit in America. It appears to raise the risk of an accident by four times. Texting multiplies the risk by several times again.

So we need some serious attention paid to technology and its social and cultural impact. One of the reasons our health care costs are skyrocketing seems to be easily found here: distracted drivers are causing an increasing number of accidents and deaths.

Simply raising the fine won’t change that. Paying $280 may be more of an annoyance to people than a real game changer.

Why don’t we treat it like street racing and stunt driving? That gets the driver an immediate suspension of his/her licence at the roadside, a minimum fine of $2,000, and it can be as high as $10,000. A street racing conviction can mean imprisonment for up to six months. It can also lead to a further suspension of the driver’s licence for up to two years for the first conviction and that can go as high as ten years for a second conviction! A convicted driver’s insurance rates increase 100% for the next three years, plus they get dinged six demerit points!

Now that’s a serious law. Distracted driving law? A slap on the wrist. The Ontario Ministry of Transportation’s own Road Safety Report for 2010 (the latest published) barely mentions distracted driving. Yet clearly the problem – and threat – is accelerating.

Continue reading “Time to get serious with distracted drivers”

February 17, 2014

Should councillors abstain from voting?

In an earlier post, I wrote that Collingwood’s Integrity Commissioner, Robert Swayze, proposed two changes to the town’s Procedural Bylaw: amending section 13.7 and deleting section 13.8. Last post I dealt with the former; here I will explain my concerns about the latter.

Section 13.8 currently reads:

13.8 No vote – deemed negative – exception
Notwithstanding the provisions of Section 13.7 of this By-law, every Member who is not disqualified from voting by reason of a declared pecuniary interest shall be deemed to be voting against the motion if he/she declines or abstains from voting.

In other words, no member of council, board or committee can abstain from voting when at the table: everyone present has to vote or have the abstention counted as a negative vote.

This is partially derived from Section 246 of the Municipal Act, which reads

Recorded vote
246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).
Failure to vote
(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).

So under the MA, you need to call a recorded vote to have an abstention deemed negative. That can get tedious. Other provinces don’t have this requirement. Saskatchewan’s guide for municipal councillors notes:

All Members Must Vote
Legislation requires every member of council including the mayor or reeve, to vote on every question. Members must not abstain from voting unless they have a pecuniary interest. If a member abstains from voting for any other reason legislation deems his or her vote as opposed to the motion. Minutes are required to record all abstentions from voting.

There’s a bit of confusion about rules of order and what rules to follow. Some people think our municipal meetings – including board and committee – are governed by either Robert’s or Bourinot’s Rules of Order. That’s incorrect: we are governed by the Municipal Act and our Procedural Bylaw. Council and all boards, committees and task forces created by the municipality are bound by the procedural bylaw.

Mr. Swayze wrote in his report to council:

In my opinion, all members of Council should be encouraged to declare a conflict, whether pecuniary or not, if the member feels that he or she cannot be impartial in voting on a matter. If for example, a member sits on the board of directors of a charity and awarding grants to the charity is before Council, the Councillor should declare a conflict, refrain from voting and such a declaration should not be deemed to be a vote against the charity. I have recommended in Appendix “D” that personal conflicts be added to section 13.7 and that 13.8 be deleted from the Procedural By-law.

Like in my previous post, my concern is in the implementation, not the intent.

Continue reading “Should councillors abstain from voting?”

February 16, 2014

Legal Versus “Personal” Conflicts of Interest

In May, 2013, I wrote my thoughts about Ontario’s Municipal Conflict of Interest Act and the effect it had on the governance and procedural behaviour of municipal councillors. Back then, I wrote,

The Act allows no grey areas: there are no “perceived” conflicts in law, only clearly defined legal ones. This is obviously intended by the stringent wording that lays out what construes a conflict of interest.

This clarity absolves everyone of trying to second guess the intention of the Act, or trying to interpret degrees of conflict.

For the MCOI Act, only pecuniary – i.e. financial – conflicts matter: only they have to be declared; only they affect procedure and governance. And only the person and his or her direct family – parents and/or children – are involved. Siblings or other relatives, friends and coworkers are not considered to present a conflict:

Indirect pecuniary interest
2. For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council or local board, as the case may be, is concerned, if,
(a) the member or his or her nominee,
(i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public,
(ii) has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or
(iii) is a member of a body,
that has a pecuniary interest in the matter; or
(b) the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter. R.S.O. 1990, c. M.50, s. 2.
Interest of certain persons deemed that of member
3. For the purposes of this Act, the pecuniary interest, direct or indirect, of a parent or the spouse or any child of the member shall, if known to the member, be deemed to be also the pecuniary interest of the member. R.S.O. 1990, c. M.50, s. 3; 1999, c. 6, s. 41 (2); 2005, c. 5, s. 45 (3).

Last week at our Feb. 10 council meeting, in his report to council, Collingwood’s Integrity Commissioner, Robert Swayze, proposed changes to two sections of the town’s Procedural Bylaw. The proposed change to section 13.7 would add a clause for “personal conflict” to the bylaw, and I address that below. I’ll deal with the changes to section 13.8 in a subsequent post.

In his report, Mr. Swayze said,

In my opinion, all members of Council should be encouraged to declare a conflict, whether pecuniary or not, if the member feels that he or she cannot be impartial in voting on a matter. If for example, a member sits on the board of directors of a charity and awarding grants to the charity is before Council, the Councillor should declare a conflict, refrain from voting and such a declaration should not be deemed to be a vote against the charity. I have recommended in Appendix “D” that personal conflicts be added to section 13.7 and that 13.8 be deleted from the Procedural By-law.

In his oral presentation, he said that other municipalities had included similar “personal conflict” conditions in their own governance regulations. I did some research into those regulations this past week.

Mississauga has the term in its procedural bylaw, I found, but it lacks a firm definition of the term, leaving it open to individual interpretation. The other references I’ve found are in codes of conduct or policy statements.

I’m troubled by the potential pitfalls of implementation as presented, rather than the intent, and argue below that the appropriate place for such terms is in the town’s Code of Conduct.

Continue reading “Legal Versus “Personal” Conflicts of Interest”

December 15, 2013December 15, 2013

Canada Post writes its own obituary

Headline news this week: Canada Post moves to end home delivery.

End home delivery? For me, both as a writer, a lay historian, and growing up in an era where letters were important for communication, business, family and for art, that’s just crazy. I mean really, seriously, way-more-insane-than-the-OLG crazy. But, in an age of declining letter writing – where the tyranny of the Twitterverse is reducing our literary skills to hashtags and cryptic abbreviations- it may be inevitable.*

Charlie Gillis wrote in MacLean’s wrote about the accelerating slide to digital communication back in March, outlining both the challenges the postal service faces and some options for its future:

Robert Campbell, the author of a 2002 book on fixing postal services, led the review panel that recommended against the privatization of Canada Post. He says he suggested the reprieve, not as a permanent state of affairs, but as a temporary measure allowing the postal service to restructure to a new world of competition. “You’ve got what is basically a smokestack industry here that’s trying to modernize,” says Campbell, currently the president of Mount Allison University in Sackville, N.B. “It has huge legacy costs.”

Chief among its burdens: a $4-billion pension liability owed to current and retired employees that could hobble it in the face of leaner, private-sector competitors. Ottawa owes Canada Post the time—and possibly the financial assistance—to deal with that overhead before opening the field to its rivals, Campbell argues.

Well, Canada Post has shaken the tree of its own accord, sans the intervention of Ottawa (which, given the current government and its inability to deal with the scandals in the Senate or the PMO, might be just as well).

And on top of that seismic shift, CP will dramatically increase the cost of postage. So were they thinking, we’re already losing money: let’s find another way to discourage users!

(Okay, to be fair, CP should have raised the price quite some time ago. This history of annual one-two cent increases was never a good business model given Canada’s large distances and small populations. And given the value of the penny even when it was in circulation, a jump of five cents would hardly have mattered. But until 2011, CP was making money, so maybe it never occurred to them to squirrel away a little extra for the lean years.)

But what is happening to letter writing?

When I browse my book shelves I see collections of letters to and from some of the greats of history: Darwin, Einstein, Dickens, Wilde. I don’t imagine there will be many future books of great emails, great Facebook posts, or great tweets. Writing a letter takes thought, takes care, is an emotional and personal investment. Writing on social media is generally instant, immediate, thoughtless; a reflex, a reaction, not a considered act.

Blogs, of course, may sometimes be considered the exception – although counter-argument might be made that many blogs are just lengthier versions of the tweet, and others are simply a platform for a more vituperative – but similarly reactive – anger than a FB post. But even a blog does not involve the same sort of contemplative act that handwriting entails, simply because the technology allows us to revise and rewrite in a way that the handwritten word does not.

(Handwriting’s demise is really another topic, which I started on about months ago and now have to resuscitate that draft post to include this week’s news. On a personal note: although I blog and enjoy digital media, I also keep handwritten notebooks. Sadly, I too share the guilt in the decline of letter writing.)

Continue reading “Canada Post writes its own obituary”

Recent computer games:
PC:Rimworld, Neverwinter, Cities Skylines, Kerbal Space Program, Lux Delux, Making History: Calm & the Storm, Car Mechanic Simulator 2015, Order of Battle, WildStar, King's Quest, World of Warcraft, Grim Fandango, Minecraft, Goat Simulator, Banished, Guild Wars 2, Unity of Command, Borderlands 1 & 2, Left 4 Dead 1 & 2, Civilization V, Ace of Spades, SimCity, Mass Effect, Medal of Honour, Skyrim, Fritz 12, Operational Art of War, XCOM, Tropico 5, Mafia II, Red Orchestra, Oblivion, World of Tanks, Drakensang, Imperium Romanum,
Plus several iPad games

Board games
Napoleon's Art of War Quad, chess, go, Risk, AH's Waterloo, Kremlin, Frederick The Great, Panzer Blitz, any SPI Quad