Moncton tree bylaw faces delays

The provinces outdated rules governing municipalitiesare delaying Monctons ability to move quickly to protect trees on private property, according to the citys solicitor.

Many Moncton residents were angered when nine trees were cut down earlier this month at the Castle Manor Retirement Home. That frustration spurred on calls for a new bylaw that would allow the city to safeguard similar trees in the future.

However, that task is turning out to be more difficult than anticipated.

Stephen Trueman, the city solicitor, said the Municipalities Act, which was first passed in the 1960s, did not hand over a lot of powers to the local governments.

The act has been revised in the 50 years since its adoption but Trueman said it still does not grant cities the permission, for example, to force people to clean up their yards or cut their grass.

Trueman said city councillors and citizens are often frustrated when they find out the city has so little power in certain areas.

Trueman said the act also doesn't deal with the current concerns over how to protect trees on private property.

"It's silent therefore the authority is not there, however, we have found authority in a couple of pieces of legislation," he said.

Trueman said those other methods will take a lot longer when applied to the tree bylaw case.

"If the authority was in the Municipalities Act, it is conceivable that you could have a bylaw drafted and enacted within let's say six weeks," he said.

"Because of the notice provisions, and the hearing provisions, and the objection provisions, provided under the other pieces of legislation, that process could take six months."

A Department of Local Government official said the provincial government is planning another update to the Municipalities Act.