Legal Updates

A local authority may not collect participation fees for the paving of a sidewalk when the bylaw does not have explicit authorization for this

December 26, 2010
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Residents petitioned against the collection of payment by the local authority for paving sidewalks. The relevant bylaw states that the Authority may collect participation fees for paving a sidewalk only after the resident is required to build the sidewalk himself and did not perform it.
The Supreme Court accepted the appeal and held that where the bylaw does not expressly empower the local council to collect participation fees for paving sidewalks, it can not do so. The council must comply with the procedure set forth in the by-laws as a condition for collection.