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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95855
Experience:  Lawyer
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I have a question regarding how Councillors or Community Council

Customer Question

I have a question regarding how Councillors or Community Council correct small details regarding by-laws. It's regarding a food truck that was overlooked accidentally with the creation of a bike lane. There were a few different lane renderings. Can one Toronto councilor decide to keep the food truck intact? Does this go to community council?
Submitted: 5 months ago.
Category: Canada Law
Expert:  Legal Ease replied 5 months ago.
One councillor cannot make any decision but this one councillor who wants to protect the rights of the food truck owner and presumably the customers can go back to the council and explain that this was an error and asked for a revision of the bylaws.
Customer: replied 5 months ago.
Okay. Who does the "1 Councillor" go back to? Community Council or Full Council? Can this be a variation? How will they make accommodations?This was first vetted in community council who were split in their vote about the bike lane. Then it went to full council and they adopted the motions. There were different diagrams they put out there and we only saw one, with a lane that moved around parked vehicles. However, no letter was ever sent to us as a business. We have yet to receive correspondence. We have unclear information about the way the line is going to be painted. Our only response was we will have to move and they want to work with us to work something out that it was an oversight. So, that's where I want to know how the decision is made? Is it a variation at community council or do they actually have to have a full council adopt revisions to the bylaw?
Expert:  Legal Ease replied 5 months ago.
As far as I understand it they will need the full council to adopt the revision but the community council should be the one pushing the change so the Councillor should go to them first.
Customer: replied 5 months ago.
Okay. One last thing, it sounds to me there will be many requests and accommodations because this is a very long stretch of street. And, right now they are calling it a "pilot project" so I am assuming they want to see how it goes and bring it back on the table. So is it plausible this one small variation is going to be put into the bylaw as an exception clause or something like that? We just don't know the timeframe and how they're going to do this but it seems like it's going to be what it is being called "pilot project" to test it out and see what works and what doesn't...
Expert:  Legal Ease replied 5 months ago.
Why not ask the councillor about that?

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