The Ontario Municipal Board (OMB) has ordered the Municipality of Chatham-Kent to reverse its heritage bylaw for Rondeau Provincial Park.
In June, the OMB heard from Chatham-Kent officials and the Ministry of Natural Resources (MNR), regarding the legality of the municipal bylaw. Back in October 2015, Chatham-Kent Council allowed the cottages at Rondeau Provincial Park to become a "heritage conservation district."
During the OMB hearing, the MNR made the case that the municipality had no right to impose the bylaw on park property, claiming the Provincial Parks and Conservation Reserves Act grants control of the land to the Ontario Government. Municipal lawyers argued that, since the ministry never looked into heritage designation, Chatham-Kent officials could perform a heritage study and eventually establish a bylaw for the over 280 cottages in the park. They also claimed a section of the Ontario Heritage Act gives municipalities some control over provincially-owned lands.
But OMB Vice-Chair Steve Stefanko has decided the province's inaction didn't warrant Chatham-Kent's involvement, and the MNR has ultimate control of Ontario's provincial parks. That means the Rondeau cottages heritage bylaw is no longer in effect.
"We're disappointed. We thought the OMB should and would have supported our municipal decision to create the heritage conservation district," says Chatham-Kent Chief Legal Officer John Norton. "Unfortunately they didn't agree with our position and didn't agree our council had jurisdiction to pass the bylaw."
Norton says he did speak with reps from the Rondeau Cottagers Association, adding they're disappointed as well. Chatham-Kent officials have decided they won't appeal the OMB's decision, but that option is still open to the cottagers themselves.
The municipality won't face any other penalties from the OMB or the MNR.
