Regulation at 8% — much more than current market interest rates and higher than the City's current interest rate for local improvement works of generally prime plus 1%. Because of this, the local improvement charges process would be considered superior to the provisions of the Shoreline Property Assistance Act, even if that program was available.

With involuntary participation of the property owner

Powers through the Municipal Act

The Municipal Act provides broad statutory powers to enable municipalities to address issues that arise within the municipality. Section 10(2) of the Municipal Act authorizes municipalities to pass by-laws respecting a) economic, social and environmental wellbeing of the municipality, including respecting climate change; b) health, safety and well-being of persons; c) protection of persons and property, including consumer protection; and d) structures, including fences and signs.

Pursuant to these provisions, a municipality could pass a by-law which requires a property owner to adhere to the flood abatement standards specified in the by-law. Where the property owner is either unable or unwilling to comply with the by-law standards, the City could issue an Order to Comply to the property owner to undertake the required corrective measures. In the event a property owner fails to comply with the Order, the Municipal Act authorizes the municipality to enter on to private property for the purpose of enforcing by-laws. In the event that the property owner defaults in complying with the work order, the work may be done at the property owner's expense. The City may recover the costs of this work by adding it to taxes and collecting it in the same manner as taxes and a lien may be registered in the Land Registry Office.

Powers through the Building Code Act

In addition to the provisions of the Municipal Act, s.15(3) of the Building Code Act (BCA) authorizes municipalities to pass a property standards by-law and requiring that properties conform with the standards set out in the by-law.

The enabling legislation in the BCA could be implemented by way of an amendment to the Property Standards By-law 9-2019. Both the legislation and this by-law already contain the framework for issuing an Order to Repair and an appeal process of such an Order. In the event that the property owner defaults in complying with the Order, the work may be done at the property owner's expense. The City may recover the costs of this work by adding it to taxes which have priority lien status as defined by the Municipal Act.

Establishing standards for enforcement

Whether through the Municipal Act or the Building Code Act, the City would need to establish justifiable standards for flood abatement on private property as part of a bylaw. As noted in the McNeil report there are no such standards at any level of government. Recommendation #28 of McNeil's report advises the Province to consider, amongst other things, flood protection measures for private property. In Ontario's Flood Strategy, the Province advises they will undertake a "comprehensive review of Ontario's natural hazard technical guides, with a focus on flooding and erosion," including