Strong mayor veto on Gananoque bridge wouldn’t be valid: Integrity commissioner

Gananoque’s integrity commissioner has advised that Mayor John Beddows would not be within his legal rights to veto council’s decision to proceed with the removal of the King Street pedestrian bridge under Ontario’s strong mayor powers provisions.

Tony Fleming of Cunningham Swan Lawyers issued a written opinion to the mayor, saying the proposed veto does not meet the intent of the legislation granting mayors enhanced authority.

Strong mayor powers, which have been available in Gananoque since May 1, allow a mayor to veto bylaws or parts of bylaws if the mayor feels they could potentially interfere with a provincial priority.

The provincial priorities justifying these powers currently are: building 1.5 million new residential units by December 31, 2031; and “constructing and maintaining infrastructure to support housing, including transit, roads, utilities, and servicing.”

Beddows had inquired about using his veto on the grounds that the bridge project could limit funding for future infrastructure work tied to provincial housing priorities.

But Fleming stated that rationale is too speculative to hold up in court, emphasizing that strong mayor powers were created to speed up development and housing-related infrastructure – not to block municipal spending on unrelated projects in case future priorities arise.

“To utilize the veto in this manner would not be consistent with the intent of the legislation,” Fleming wrote. “A judge is more likely than not to hold that this would undermine the intent… and be outside the jurisdiction of a strong mayor.”

The opinion also warned that attempting to use the veto in this way could potentially be viewed as an act of bad faith and be subject to legal challenge.

Council had recently approved a contract for the removal of the aging pedestrian bridge on King Street.

The contentious debate culminated in a 4-3 vote. Although the vote was not recorded, Deputy Mayor Vicki Leakey and Couns. Matt Harper, Patrick Kirkby, and David Osmond supporting the removal of the bridge, while Beddows and Couns. Anne-Marie Koiner and Colin Brown opposed it.

The decision authorizes the town to enter into an agreement with Strong Bros. General Contracting Ltd., awarding a contract worth up to $488,900 (excluding HST) for the demolition of the bridge, which has been closed to the public since mid-2022 due to safety concerns.

The decision has met with pushback in the community, with the citizen-led Save Our Train Bridge group circulating a petition online.

Beddows could not immediately be reached for comment about the integrity commissioner’s report.

The potential reversal of the bridge decision is not the only difference of opinion between Gananoque’s mayor and integrity commissioner.

Fleming recently found that Beddows had violated the town’s code of conduct on eight occasions, prompting council to dock the mayor’s pay.

Beddows is seeking a judicial review of that decision, citing “serious concerns regarding procedural fairness and bias” in the investigation process.