very nebulous term providing the Minister with almost absolute
discretionary power. The only appeal the Municipality has to
protect its interest is to appeal to the provincial Cabinet. If
this appeal is unsuccessful, which it may well be, with the
‘Minister dominating the proceedings, the Municipality has by
section 11(11) (b) no redress to the courts. Therefore, for all
Practical purposes local government Planning has no real meaning
except Lf the Minister wholly approves. If this is not centralism
or ministerial control then what is? Although individual rights
may be protected by a new appeal process by the Act and appeal
process through the courts the legal entity of a municipality
entrusted to protect the public interest is precluded from
appealing to the courts, Municipalities are by the Planning Act

relegated to second class entities without legal reyress.

Democracy is further undermined by the proposed Planning

Act by the power to establish under section 17(2) Land Use Appeal

Boards. Local councils are democratically ellected by lecal tax-
payers every two years to oversee local interests. ‘The proposed
Planning Act empowers the Cabinet (centralist control) to appoint
Land Use Appeal Boards to oversee local Councils. By section 17(2)
the Act implies a lack of local government responsibility in that
the Minister may request the Appeal Board to advisa the Minister
regarding local government Procedures for consideration and deter-
mination of land development proposals. ALL major land developers
should immediately be satisfied,.and the unsuspecting home purchaser
should be a little dismayed. If the Minister felt that local
government procedures are unfair for some reason he should point out

‘the problem to local municipalities and ask for their viewpoint.

Furthermore, for some reason the ‘Appeal Board is granted more

formal power than municipalities. It may act very much like a

court such as compelling the attendance of witnesses to answer

questions which the Provincial Legislature may do but no Council can.

ee