Bill 25 included new provisions setting out a procedure for municipal governments to apply to the Supreme Court for orders to require people to clean up their property. This created confusion because the Environmental Protection Act already gives municipal governments the power to make and enforce unsightly property bylaws. The City of Yellowknife interpreted the new provisions to mean they could no longer rely on their bylaws, but would have to seek court orders instead, requiring a great deal more time and expense.
The Minister and department advised the committee that their intention was to provide a process for municipal governments that do not have unsightly property bylaws to obtain clean-up orders from the courts. The intention was not to override or replace the provisions of the Environmental Protection Act.
Because of the time and expense involved in obtaining court orders, the committee does not believe these provisions would provide a reasonable process for municipal governments. Members expect that in most cases a council could draft and pass a new unsightly property bylaw more quickly than it could obtain an order from the Supreme Court. The committee concluded that the provisions are at the very least confusing, and is likely of little real value to municipal governments.
The committee passed six motions with the effect of removing the unsightly property provisions from Bill 25. The Minister concurred with these motions.