Legislation Run Amuck 2013

February 20, 2014 |

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A 5 acre Markham property valued at 3 million dollars became a target for expropriation because the town of Markham needed the land for a pipeline.  They offered him $32,000.  What happened to being offered “Fair Market Value”?

Waterfront owners in Cobourg, Constance Bay, Town of Fort Erie, along with countless other Ontario waterfront owners are having their private property trampled on, and their right to removal of trespassers and disturbers of the peace hindered.  An MPP from the Liberal party is continuing to again try to sneak through a Shoreline walking bill that will allow the public to walk through waterfront private property.   The bill spells out the fines for actual property owners who try to hinder trespassing on their own property, but has no mention of recourse, fines or who has jurisdiction to help the land owner when the land owner encounter people creating danger or are doing reckless disregard to their property.  Nor is there any mention of dealing with the liability issues in the event of injury of public persons on private property. It’s a one way, lopsided anti private property bill, that has no place in law and places waterfront owners in legal peril with absolutely no avenue for remedy.

A plot of land was zoned by the OMB s a welding and repair shop.  The town of Pelham changed it to a welding and agriculture repair shop, which allowed them to say that there could be nothing on the land between the earth and the sky.  The affected owner believes the motivation for the city is money from the permits to ask for minor variances etc.  The barbecue, dog house, storage trailer, swimming pool all had to be removed.  Applications for permits could be as high as $25,000.  The city had a town hall for public feedback but we are unaware of any changes made to this ridiculous bylaw.

There was a 19 day hunger strike to protest laws against the distribution of raw milk.  The reason for the hunger strike: Canada is the only G8 nation to ban the sale of raw milk.

An 83 acre LCBO approved farm operation making fruit wines was very successful until the arrival of public health inspectors who demanded that they install an audible and visual alarm to determine when the wash water holding tank is full, expose the tank for inspection, provide a pump out contract with a licensed class 7 sewage hauler, run hot water into the bottling area with a smooth nonabsorbent, develop a plan for expanded retail and bus tour reception capabilities; all of these based on the Ontario Building Code Act and Health Protection & Promotion Act. Resources should be spent on inspecting imported products and large multinationals as opposed to attacking home grown producers.

In 2004 rural saw mills began facing fines, work order, engineering and consulting costs due to MOE work orders. Tatlock Sawmill to close due to clean water Act introduced in 2006. The concern was sawdust contamination of the waterways. They stopped using the furnace and started converting useless wood slabs to garden mulch. The owner had left a supervisor position with Renfrew County School Board to start the mill and have owned the property since 1953.

Misplaced Priorities of Canadian Food Inspection Agency

A Manitoba businessman was awarded $9 million in damages plus court costs due to malicious prosecution by the CFIA. In 1998 Canada’s only facility licensed for the processing and export of goose was delisted by the CFIA. The justice concluded that in the years leading up to the closure, the CFIA failed to give information, gave wide ranging, conflicting, incorrect and misleading information which had a sinister appearance.

A Renfrew bakery became a target of government inspectors with hairnets and laptops. Apparently they have been breaking the law for 34 years and now they have to purchase a labeling and weighing machine and other equipment at a cost of over $70,000 and have every recipe nutritionally analyzed at a cost of $1,000 each and the bakery has over 300 recipes, which is another $300,000. They cannot call their products home baked since they are not selling it from their home which is illegal.

At a slaughter house one of the animals had not been tagged by mistake, the young lad asked the CFIA inspector if he could tag the horned bull after it had been killed, the answer was NO, so at risk to his life and with the help of even customers the bull was tagged after a 1 hour tussle.

A grandma that has fed 3 generations of her family on her organic vegetables was harassed by Ontario Ministry of Agriculture Inspectors on a 1/7th of an acre farm. Resources should be focused on the inspection of imported produce.

MNR regulations are in force except otherwise stated by the Fish & Wildlife Conservations Act. If you following a squirrel or other wildlife with your camera you are hunting and the MNR decree that you must have a license and a dog. Usage of lights at night is strictly verboten but there is an exception for raccoons. However you must be accompanied by a dog licensed for raccoon hunting. In the case of hunting Turkey you have to attend a seminar. The document also states that you may take no more than 10 bullfrogs. If you capture a snapping turtle you must keep the shell on the turtle until just prior to eating. A hunter orange garment must be worn from head to toe. The fine for noncompliance is up to $25,000 or imprisonment or both.

Conservation Authorities Interference In Use Of Private Land

Many farmers have tile drainage so there is a municipal drain travelling through most properties. The municipal drain becomes a creek, frogs, fish, beaver, turn it into a habitat and the farmer must protect the habitat as opposed to the drainage that is needed to grow crops.

An 80 year old resident of Grimsby was harassed by the Long Point Conservation Authority, the Ministry of National Resources and the Department of Fisheries & Oceans. When the 100 acre property was purchased there was no water on it. Since the property was beside a big creek he decided to create a wild life haven for ducks, deer and birds. He was also the founder of the Grimsby Conservation Club. The Conservation Authority came on his property without permission and threatened his workers. He defended himself in court without a lawyer and won.

The Otonabee Conservation Authority charged a 90 year old veteran for illegally dumping fill on his own land.

Unintended Consequences of Endangered Species Act

The Federal Species at Risk Act and its authorized Endangered Species Act need reform. Found with any of the following dead or alive means 1 year jail time and $250,000 in fines. Skinner’s Agalinis, King Rail, Gravel Club, American Chestnut, Purple Twayblade, Barn Owl, Badger or Bobolink. The Canadian Chestnut Council was formed by volunteers to restore the American Chestnut were making a lot of progress till. Since the ESA stepped in they can no longer collect nuts from the wild or from private property to expand the genetic diversity of seedlings, nor can they plant seedlings in the wild or give seedlings to private landowners. They can only plant seedlings at a Simcoe Research Greenhouse.

A farmer in Rideau Township was told that he cannot clean his ditch because there were some blue herons eating the frogs and fish and he would be responsible for relocating the wild Herons even though they can fly.

A landowner has a 15 ponds where he raises fish, two mute swans arrived, one stayed, one left and an MNR officer charged him for harbouring a migratory bird contrary to the Migratory Bird Conservation Act. Thus far he has won 3 consecutive cases defending himself. A migratory bird of its own free will decided to stay at a fish farm. The judge in a Guelph court room was incredulous that the government had produced a 300 page document, plus brought an attorney in from Toronto, because a farmer on principle refused to buy a $10 permit from the Federal Government MOEs Canadian Wildlife.

The penalty for the possession of one bird, mollusk, fern etc. is $250,000 and a year in jail. Anxious to obey the law farmers will make sure there is no species on the lot.

In 2007 a cash cropper from Ingleside Ontario was served a warrant from the DFO for cleaning out a ditch on his own property. He was met by 8 fishery officers and 1 MNR officer and 3 Habitat biologists and informed that he could be facing charges of up to $300,000. As a result of this and other cases the Council passed a resolution stating that DFO shorten the time frame required for approval of drainage maintenance requests.

Murdering Business By Regulations, Killing Jobs With Red Tape

A grocery store in Marintown stopped selling gas due to over regulation. After spending $537 on testing he was told to spend $10,000 of monitoring and upgrading to the station. He did not throw in the towel till he was sent a bill for $290 for their visit.

A quarry operation in Haldimant County was forced to close. The license was issued in 2001 by the OMB, the MNR decided to include 23 new conditions which he tried to fulfill under aggressive harassment from MNR officials. In 2005 an Ontario Court sided with the quarry owner, in 2006 a superior court sided with the owner. In 2007 they raided his place of work with 29 MNR and OPP officials. In 2008 there was another Divisional Court hearing, due to frustration with the MNR, the facility was leased to a Six Nations company.

MNR & Conservation Authorities Interference on Private Land

Ontario Municipal Board Ruling, Issue Date; Dec 12, 2002 Order No 1697 PL010979
This Board has always maintained that if lands in private ownership are to be zoned for conservation or recreational purposes for the benefit of the public as a whole, then the appropriate authority must be prepared to acquire the lands within a reasonable time otherwise the zoning will not be approved.

Order No 0469 PL011151 The ordinary activities of landowners cannot be restricted either by private persons or the state under the Expropriation Act without just compensation. This restriction is intended to protect the landowner from the temptation of the majority of two in abusing the legitimate planning process to obtain ends that ought to be pursued privately.

Conservation Authority Summer Students visited some North Glengarry farmers, do you mind if we walk through your bush? A few years later some local landowners were surprised to find out that their woodlots were now ANSI (Area of Natural and Scientific Interest) due to some mature trees. All sorts of restrictions were applied to a chunk of land that until now had no restrictions. No logging, no draining, no clearing for farm purposes, no development. It was now called Rigaud Headwaters Forest.

A landowner found out that during his absence, beavers had built half a dozen dams flooding about 15 – 20 acres. Knowing that beaver problems are a municipal responsibility he called the township who directed him to MNR. The officer ruled that their rights to create natural reservoirs trump his land use rights.

Flood waters were about to drown a plantation 5,000 white pine trees. The MNR were more concerned about protection the Beaver than the Pine trees that were drowning. The Landowner applied to be a licensed trapper. He filled out a 42 page Private Woodlot Management Plan. The local police tried unsuccessfully to relocate 1 beaver despite use of side arms, pump action shut guns, semi-automatic M6. The eventual solution was the use of dynamite, and the MNR looked for evidence that they could use to charge the landowner.

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Category: Your Rights