CLAIRE MICHELA

The document also includes a section entitled “Legislative Situation” which states that the Municipal Act in Ontario and BC’s comparable Community Charter are not the same.3 The City Report’s “Analysis and Rationale for Recommendation” section indicates that the main reasons why the City will not pursue an anti-renovictions by-law are (1) unlike BC’s Community Charter, the Municipal Act does not e. [...] The Court ruled that “[a]s a general principle, the mere existence of provincial (or federal) legislation in a given field does not oust municipal prerogatives to regulate the subject matter”.7 The Court emphasized that a by-law would have to “directly” contravene the purpose of a provincial statute in order to be inoperable. [...] By-laws that aim to “enhance” the purpose of the statutory scheme or provide “stricter” regulations that “coexist” with other legislation are appropriate exercises of municipal authority.8 The Court found that the pesticide by-law did not contravene any statute and its enhancement of existing legislation was entirely within the scope of the municipality’s regulatory power. [...] COM 3 The “dual compliance” test, as articulated by the Ontario Court of Appeal and reiterated in cases involving landlord licensing by-laws, is as follows:10 1) Is it impossible to comply simultaneously with the by-law in question and provincial legislation (in this case the RTA)? and; 2) Does the by-law frustrate the purpose of the Ontario Legislature in enacting the provincial legislation in is. [...] [81] Further, as the Chief Justice [of the BC court below] stated, regardless of whether the Residential Tenancy Act scheme is all-inclusive regarding the circumstances in which a landlord may terminate a residential lease, that Act contemplates the applicability of other legislative and regulatory schemes in the residential tenancy context.