Understanding the Issue in the Outer Battery

The public have posed many questions to City Council and staff about the light in the Outer Battery, which has been an issue discussed on social media and covered by local media for several months.

Council is very sympathetic to any residents who have disputes with neighbours. There seems to be a general opinion that Council has an easy fix for this solution, using our own by-laws. As Mayor Breen indicated to the media during a press conference about this issue on January 12, if there were an easy solution, it would have been taken. But this is not a simple matter.

In this particular case, Council and staff have spent many hours responding to every report from residents, investigating these complaints and even offering to engage a mediator to work with the residents to resolve these issues, which include parking, noise, lighting, and property boundaries; there are multiple disputes.

Unfortunately, meetings with staff were unsuccessful and the session with the mediator did not proceed.

It is the City’s position that this is a private nuisance dispute. There is a civil remedy available through the courts. However, if the residents want to continue to work on mediation, Council and staff are committed to assist where they can.

There is a belief amongst some that the solution to the lighting issue lies within sections of the existing City Act. This is not accurate. The sections being quoted were never intended to be used in this circumstance. In fact, Section 377 referencing “light” is not about a bright light on private property but rather about not enough light in a property, potentially posing health concerns. Section 377 was written at a time when City had some jurisdiction over public health, which is now a Provincial Government responsibility and has been for some time.

Section 377 is not appropriate or applicable in this situation.

So, why doesn’t the City enact a nuisance lighting by-law?

The City does not have the legal authority to enact a nuisance lighting by-law. If the City Act was amended to grant the City that authority, Council, at this time, does not believe that a by-law would solve this issue for the Outer Battery residents. Further, the City’s role in creating legislation should not be to insert itself into private legal disputes.

On Monday, Jan. 16, Deputy Mayor O’Leary has indicated that she will bring forward a notice of motion, asking the province to amend the City Act. Once this motion is brought forward, Council can debate it and make a decision on whether or not to make such a request to the province.

In the interim, we continue to offer our support to the neighbourhood with any mediation efforts they may request.