The provincial government has no intentions of wading into the affairs of the Witless Bay Town Council.
Council and a group of residents have been at odds for years over the proposed construction of a road to the dark coastline, a project which could lead to development along the coast and negatively affect Ragged Beach, an environmentally-sensitive area.
Council has approved the project, but everything is on hold until the Eastern Newfoundland Regional Appeals Board rules on an appeal. An earlier approval by council was struck down by the Supreme Court of Newfoundland and Labrador because of a conflict of interest.
Minister Krista Lynn Howell (Via Government of NL)
Municipal Affairs Minister Krista Lynn Howell declined our request for an interview, but in a written response said allegations of conflicts of interest must be investigated and decided by councils, as per the legislation. While the department can and does provide advice, it does not have a role in any determinations.
Howell also says it is the town’s responsibility to bring the road in question up to standard as per the Town Plan, and to maintain the road.
She added that the minister does not have absolute authority over democratically-elected municipal councils.
The full statement from the Department of Municipal and Provincial Affairs can be found below.
“The Department is aware of concerns regarding a proposed road development in Witless Bay and has been working with Council and residents to address concerns as they arise. Also, by way of background, the Town plan that is currently in place was supported by the majority of residents and voted on in a 2016 Plebiscite. The Department also notes that the Town recently appointed a new Chief Administrative Officer and Town Clerk.
It is the responsibility of councils to consider an allegation of conflict of interest and to act in accordance with the legislation. Allegations of conflicts of interest must be investigated and decided by Councils, as per the legislation. While the Department can, and does, advise municipalities and other individuals, as well as provide training, on the appropriate process to follow in response to an allegation of conflict of interest, it does not have a role in these determinations.
Regarding concerns raised about the continuation of council business during the municipal election, the Municipal Elections Act does not mandate a caretaker period. Municipal councils are required to continue functioning until a new council has been elected and sworn in.
The Department is aware of the recent ruling of the Supreme Court of Newfoundland and Labrador. The decision states that “The Attorney General confirms that the Right-of-Way has been dedicated and accepted as a public road vesting under the management and control of the Town.” As such, it is the responsibility of Council to bring the road up to the standard set in the Town’s municipal plan and development regulations, and to maintain the road. Under legislation, the Town Council has the authority to make decisions on municipal roads. Following the court decision, the Town was free to revisit the matter as long as the individual in conflict was not present at the discussion and vote. The Department’s role is to review requests from municipalities for amendments to municipal plans and development regulations to ensure they are compliant with legislation. For example, the Town of Witless Bay submitted a request in spring 2021 to amend their development regulations to change the development standards for publicly maintained roads. The Town was advised that the proposed amendment was not approved as it had the potential to create a public safety hazard.
On Monday, September 13, an appeal of the proposed construction project was filed with the Eastern Regional Appeal Board. The Department has advised the Town of Witless Bay of the appeal. It is required by law under the Urban and Rural Planning Act that all development related to the appeal must stop until the Board makes its decision. The previous decision of Council regarding the road was also appealed to the Eastern Regional Appeal Board. The Board determined it did not have jurisdiction to hear the appeal. The decision can be found here – LGLUP-Appeals-2021-03-23-Melanie-LaFosse-vs-Witless-Bay.pdf (gov.nl.ca)
The legislation is clear that the Minister does not have absolute authority over democratically elected municipal councils. The Minister has authority, as noted, provided through legislation.
As the issue of the proposed road construction is within the authority of the Town Council, as outlined in legislation and confirmed by the recent judicial review noted above, it is most appropriate that the Mayor and/or town council members speak to their decision to move forward with the road project.” – Statement from the Department of Municipal and Provincial Affairs
