November 17, 2023 FB post re definition of Community Service vs School

Thank you to Dennis Riggs for writing this public response from the very beginning to simplify exactly what the township is fighting us on (and how petty it all is) - the word ‘promote’. The township defends that Blueberry Creek Forest School can only promote education and not actually deliver it as a not-for-profit Community Service. The Education Act is very clear that a private school is not a school as defined by its act.

Imagine if every Community Service in Ontario could not deliver their service?

Spring 2018

A public response from Tay Valley Township to our media release:

“In the article, the property owner indicates the use of the property is not as a school, but the article states the use of the property is for a school, that there are students and that those students take classes. The studio is needed for the purpose of holding classes for students of the school. It also quotes a teacher at the school, who is concerned about the students.

The owner appears to be relying on a specific definition of school in the Education Act. The Township can only act within the confines of the statutes it is responsible for administering; the Planning Act, the Building Code Act and, especially, the Zoning By-law define school in a manner different from the Education Act. The Township is responsible for administering statutes that rely on definitions other than the Education Act.” -Tay Valley Township -

Response from Dennis:

“The above is from the original post, I have removed the question marks. Now let’s look, in the order of the original post, at the Acts and By-laws mentioned.

1. Planning Act

“local board” means any school board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of a municipality or of two or more municipalities or portions thereof; (“conseil local”)

It is clear that the Planning Act will rely on the Education Act for defining a school.

2. Building Code Act

This Act does not define a local board or include the word school in any way, however, on any occasion that a clarification between this act and a by-law is required, we find:

Municipal by-laws

35 (1) This Act and the building code supersede all municipal by-laws respecting the construction or demolition of buildings. 1992, c. 23, s. 35 (1).

(3) For the purpose of this section, a municipal by-law includes a by-law of an upper-tier municipality and a local board as defined in the Municipal Affairs Act. 2002, c. 17, Sched. F, Table

Referencing the act specified in the Building Code Act for clarification:

Municipal Affairs Act.

“local board” means a school board, municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality or of two or more municipalities or parts thereof; (“conseil local”)

This is fairly clear, the only valid path is to reference the Education Act and utilize those definitions, according to the Municipal Affairs Act, according to the Building Code Act.

3. Lastly, our own Zoning By-Laws, which is emphasized, though all previous acts mentioned typically supersede local zoning by-laws.

SCHOOL shall mean an educational establishment under the jurisdiction of a Board as defined in the Education Act.

– Tay Valley Township Zoning By-Law, Section 2, Definitions.

It is crystal clear that for the purposes of zoning Tay Valley Township absolutely utilizes the definition of the Education Act, for our zoning by-laws state this explicitly.

The above is not my opinion, you can find the acts and by-laws and see for yourself, it takes 3-4 minutes.

But I do have an opinion, having been to Blueberry Creek and seen the work that is done there. It is clearly defined in our zoning by-laws.

COMMUNITY SERVICE shall mean the use of land, buildings or structures by a not-for profit, non-commercial body or society such as a service club or charitable organization for promoting athletic, cultural, educational, health, recreational, social, philanthropic or other similar objectives.

I do hope this will be resolved such that Blueberry Creek will continue operation facilitated by the planners and inspectors of Tay Valley Township in earnest and good faith. I don’t understand how the Facebook post can be so erroneous, I think it must be an accident.

As for the words school, teacher and student, their use is entirely legitimate outside of definitions within or without any Act or by-law of our respective levels of government. I do not ask a school of fish if it is public, separate or private. I don't ask to see the teaching certificate from a piano teacher (although they often do have credentials) and I do think of myself as a student of life with no confusion at all over jurisdiction.

Really now, let's get this resolved amicably. It is difficult for me to find places my son is so comfortable being around others as he is at Blueberry Creek.

I don't see how this matter was ever anything but public, and demanding that Blueberry Creek is a school in a manner that it is not could do harm, and certainly causes frustration. If the property owner felt they had hit a wall on this or other issues, they took the right step, and it was reported fairly.

There should be no sides here, only resolution, such that we can have a nice forest school on the edge of our fair town.

Good Luck.”