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Councillors need more information before ruling on Elliot Lake odour by-law

Councillors Luc Cyr and Sandy Finamore feel the City needs to come to grips with the issue, but the big question is how?
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Nearly two months after Elliot Lake City Council was asked to consider bolstering property standards by passing an odour bylaw, councillors said they need more information before they decide.

That referral motion followed receipt of a written report from Elliot Lake's Chief Building Official, Michael Campbell, which came to Monday night's Committee of the Whole (COW) meeting.

 He told the Committee more research is needed before anyone can make a recommendation on a request from Susan Anderson, Manager of Algoma Condominium Corporation #13 asking City Council that the City produce a city-wide odour by-law.

In his report, Campbell wrote, "Initial research indicates that there are very few municipalities which address odours within their jurisdiction."  

He added, "Many have a small provision within their Property Standards By-Law which addresses offensive smells but fail to give clear definition of what an offensive odour or smell is."

"When looking to our larger cities/municipalities such as Toronto, odours emanating from a dwelling have not been addressed with a by-law," Campbell went on. 

"Larger air quality issues are addressed by the Ministry of the Environment and have to meet a certain criterion for the enforcement of the law.

"When dealing with smells and odours, this becomes a very subjective topic. What may be offensive to one person, may not be to the next person. In order to properly enforce a by-law, the city needs to ensure that it is valid in the eyes of the court system.

"Further research into this subject will be required as there has not been a clear standard yet when enforcing this type of issue," Campbell concluded.

Councillor Ed Pearce said the odour issue is much more complicated than just finding a way to deal with complaints about nauseating smells.

"You guys are talking about mental health problems. This does not talk about mental health problems. This talks about odours. If the bylaw comes up, it'll be about odours."

Pearce added there are often parallel mental health issues that accompany odour problems. He felt police and other agencies are now trained to deal with people in danger due to fragile mental health. But that would be a separate by-law.

Both Councillors Luc Cyr and Sandy Finamore felt the City needs to come to grips with the issue, but the big question is how. 

Cyr stated, "I find it's too open for people to cause needless calls for whimsical reasons. But if the mayor could consider resulting from accumulation of garbage or other health hazards, something that identifies health hazards or more obvious health requirements?"

"But just to follow orders, I find it's too bland a statement and it leaves too much open to interpretation. It is too subjective.

"I think that's just going to cause more problems for bylaw personally, but I do agree that something has to be done," Cyr concluded.

Like Cyr, Councillor Finamore wanted to take action. "I don't know what the answer is. I think to do nothing isn't the answer. We had a situation in town where there was animal feces left outside of a house to pile and pile and pile. That brought animals, rats. And to go through the process of property standards is a very long process. 

"In the meantime, the feces sat there and just rotted and got more and more and more. So property standards is a good tool to use when there's derelict of property and things like that."

"But it's a long process. There has to be something that can be done more immediate. So I'm not sure if a bylaw is that solution. 

"When it comes to hoarding and when it comes to mental health of our citizens, they're trying to do the best. We have the new person that rides along with the police. So things will improve as that program gets going and people are more aware of it.

Mayor Dan Marchisella put the situation into perspective saying he's been in homes with a lot of garbage.

He referred to the Ontario Municipal Act, using it as yardstick to measure what.Council.can and can not do. 

"Section 129 includes 'no noise, odours, dust, etc.' A local municipality may prohibit and regulate with respect to 'noise, vibration, odour, dust, outdoor illumination, including indoor lighting that can be seen outdoors.'"

"And so this gives us the authority to do so. It's up to council whether we do or don't. 

"Our by-law enforcement are very, very competent. They're not going to be slapping out fines because somebody is cooking some curry chicken too many days in a row. 

"I think having this as a mechanism for people to be able to call and have a bylaw for spin offs or go to a home."

That could potentially save a life or many lives, over the years."

"Since being in this position as mayor over the last six years, I've had the  unfortunate privilege of seeing a few homes of hoarders and some very terrible situations where if the bylaw enforcement may have been called due to orders at an earlier time, they may not have gotten as bad. 

The Mayor concluded, "It's not about the money. It's about protecting people who can't protect themselves.'

Councillor Chris Patrie stated, "I do agree with the mayor there are issues but there are also tools in place in order to help people that need that help. Putting a fine and a bylaw in place isn't the answer." 

"I'm going to go back to when this originally came to Council, the fact that the request is coming from a corporation that owns the properties. They can put rules in place about noxious odors in their condominium. They can monitor, they can penalize, they can stop this internally, way easier than we can," said Patrie.

Once again, the topic of an odour bylaw for Elliot Lake was referred back to city staff for more information and future discussion.



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About the Author: Brent Sleightholm

As a reporter, Brent has covered everything from amateur and professional sports, to politics, entertainment, police and courts, to human interest stories and government issues
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