Municipal

Stewart McKelvey is a longstanding member of The Canadian Council for Public-Private Partnerships. We currently act for more than 80 municipal governments throughout Atlantic Canada. We work with municipalities to ensure they have responsive and thoughtful planning strategies, which support and enhance their ability to realize sustainable and strategic growth. This often involves advice on revisions to the land use planning by-laws and municipal planning strategies and how to implement these amendments, the draft and review of development and servicing agreements and the appeal of planning and land use matters. Our lawyers have been directly involved in the formulation and drafting of municipal by-laws and policies and we regularly advise a broad base of municipal clients on questions involving legislation and municipal powers. We also advise clients in municipal liability, tendering, conflict of interest and taxation, as well as providing advice on contracts of all sizes, from a simple one-page deal to complicated agreements covering the delivery of services, purchasing of goods, employment and collective bargaining rights.

Our lawyers regularly review, draft and advise our municipal clients on bylaw issues. This includes extensive experience with enforcement issues and providing advice on and representation in the enforcement of municipal bylaws in consultation with our clients and other law enforcement agencies.

Our Firm has provided legal counsel on some of the most significant municipal projects in Atlantic Canada, including:

• Development of a sewage collection system and sewage treatment plants where we provided counsel on contracts, mechanical liens, bonding, freedom of information, litigation, occupational health and safety, partnership disputes, employment issues, expropriations and environmental issues
• A municipal composting facility
• The decommissioning of a waste management program and post-decommissioning infrastructure projects
• Preparation of all financing and development agreements with the province in regards to the construction of thirteen schools
• Leases and financing to develop a correctional forensic facility
• All agreements regarding the development of a toll highway

Whether seeking compliance before the Supreme Court on matters of unsightly premises, or prosecuting violations of the noise bylaw, our lawyers have the experience to obtain cost effective and successful outcomes for the municipal client.

Insights

Throughout the year, our municipal lawyers provide written insights and updates on recent case law and legislation in the region and beyond. To learn more about relevant topics, click on one of the following titles:

• Land use planning in Prince Edward Island – the year in review
• “Constructive Taking”: Consequences for municipalities from the Supreme Court of Canada decision in Annapolis Group Inc. v. Halifax Regional Municipality
• Trips, slips, and judicial ink spills – the Supreme Court of Canada revisits core policy decision immunity in City of Nelson v Marchi, 2021 SCC 41
• Corner Brook (City) v. Bailey: Canada’s top court clarifies the law of releases