Halifax councillors discuss going to court over proposed provincial law on new housing

Halifax councillors have raised the idea of taking the Province of Nova Scotia to court, saying a controversial new plan aimed at speeding up home building in the city goes against existing law.

On Tuesday, municipal staff gave regional council details about Bill 329, which was introduced late last week at the provincial legislature. It would amend the Halifax Charter to give the minister of municipal affairs and housing the power to approve any Halifax development, without input from councillors or the public. 

The city has said the move is anti-democratic and the province's plan to also freeze Halifax development fees will only download those costs to taxpayers and hurt the city's affordable housing fund. The provincial government said it must do everything in its power to fast-track more housing development.

Halifax CAO Cathie O'Toole said now that city officials have laid out their concerns, municipal staff are working with their provincial colleagues on changing the bill to be less damaging.

"We'll know by the end of the week whether we're successful or not," O'Toole said.

Minister says bill won't have major changes

However, on Tuesday Housing Minister John Lohr told reporters that although the bill will be tweaked to clarify the province's intent to speed up housing development, "substantively, the bill remains as it is."

Lohr did not consult with the Halifax municipality on the bill, but his staff did speak to non-profit housing advocates, private developers and the province's housing task force.

Coun. Tim Outhit said that lack of consultation is key, and goes against the Halifax Charter itself which requires the municipal affairs minister to consult with Halifax about any proposed amendments.

"Are they following the spirit and the intention of the legislation? That is what courts decide, not lawyers at our table here and not us," Outhit said during the council meeting.

"If we're so upset, then put our money where our mouth is and challenge it."

Others, including Coun. Kathryn Morse, said simply tweaking the existing bill is not enough. Morse said the legislation was done in a way that's unfair to the municipality and is "blindsiding us."

Coun. Pam Lovelace also brought up a clause in the Municipal Government Act which says the minister must notify the Nova Scotia Federation of Municipalities at least one year before any legislation that would decrease revenue received by municipalities.

Municipal lawyer John Traves said staff are especially focused on the Charter requirement to consult with Halifax, as "clearly, they haven't done that."

Lohr said Tuesday he hopes to never have to use the power to approve a development, but Traves said the PC government seems to believe "they will be the government going forward forevermore." In fact, Traves said the bill puts significant power in one person's hands that could create huge issues years down the road.

"Asking the public, and the legislature itself, to trust the minister of the day is frankly asking a lot," Traves said.

Staff will assess what legal options Halifax might have, and report those to council, he said.