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Indian Money in Swiss Banks Falls by 6% in 2018, Hits Second-lowest Level in Two Decades
Aggregate funds of all foreign clients of Swiss banks also fell by over 4 per cent to CHF 1.4 trillion (nearly Rs 99 lakh crore) in 2018, as per the annual banking statistics released by the Zurich-based central banking authority of Switzerland.
Updated:June 27, 2019, 11:08 PM IST
Image for Representation. (Reuters)
Zurich/New Delhi: Money parked by Indian individuals and enterprises in Swiss banks, including through India-based branches, fell by nearly 6 per cent in 2018 to 955 million Swiss francs (about Rs 6,757 crore) to hit its second-lowest level in over two decades, Swiss National Bank data showed on Thursday.
However, the 'locational banking statistics' of the Bank for International Settlement (BIS), which the Indian and Swiss governments had said last year was a more reliable measure for deposits by Indian individuals in Swiss banks, showed a greater fall of 11 per cent for 2018.
According to the SNB, its data for 'total liabilities' of Swiss banks towards Indian clients takes into account all kinds of funds of Indian customers at Swiss banks, including deposits from individuals, banks and enterprises. This includes data for branches of Swiss banks in India, as also non-deposit liabilities.
The funds, described by the SNB as 'liabilities' of Swiss banks or 'amounts due to' their clients, are the official figures reported by the banks and do not indicate the quantum of the much-debated alleged black money held by Indians there.
The official SNB figures also do not include the money that Indians, NRIs or others might have in Swiss banks in the names of entities from different countries.
The SNB data had shown the total liabilities of Swiss banks towards Indian clients rising by over 50 per cent in 2017 to CHF 1.01 billion (Rs 7,000 crore), reversing a three-year downward trend.
However, the quantum of such funds has fallen again in 2018 to CHF 954.71 million, which includes about CHF 15 million held through fiduciaries or wealth managers. This is the second-lowest total since CHF 723 million recorded over two decades ago in 1995. The lowest ever amount of CHF 675 million, ever since Switzerland began making the data public in 1987, was recorded in 2016.
As per the latest figures, the total customer deposits of Indian clients rose to CHF 572 million in 2018, but funds held through banks fell to CHF 104 million, while money parked through securities and other instruments and via fiduciaries also declined.
On the asset side, Swiss banks saw a marginal increase in the amount due from their Indian customers to CHF 212 million (from CHF 210 million in 2017).
In comparison, the BIS data showed that the total amount outstanding to non-bank or individual Indian clients of Swiss banks fell to USD 84.6 million at the end of 2018 (by 11 per cent from USD 94.8 million at the end of 2017). The fall was much larger at 44 per cent during 2017.
The BIS publishes quarterly figures, which shows that these funds rose during the first quarter of 2018 (to USD 100.9 million), but declined in the three remaining quarters of the year.
The annual SNB data has shown a decline four times during the last five years. The fall was the maximum at 45 per cent in 2016.
The funds held by Indians through fiduciaries alone used to be in billions till 2007 but began falling after that amid fears of regulatory crackdown.
The total funds held by Indians with Swiss banks stood at a record high of CHF 6.5 billion (Rs 23,000 crore) at 2006-end, but came down to nearly one-tenth of that level in about a decade.
Since those record levels, there has been a rise only three times — in 2011 (12 per cent), 2013 (43 per cent) and then in 2017.
A new framework has been put in place for automatic exchange of information between Switzerland and India to help check the black money menace with effect from January 1, 2018.
Detailed financial information on all Indian residents that have an account maintained by a Swiss financial institution in 2018 will be provided for the first time to the Indian tax authorities in September 2019 and on a yearly basis thereafter. The information would also include accounts that would be closed during 2018.
While Switzerland has already begun sharing foreign client details on evidence of wrongdoing provided by India and some other countries, the new framework would expand the cooperation.
A number of strategies have been deployed by the government to combat the stashed-funds menace, in both overseas and domestic domain, which includes enactment of a new law, amendments to the Anti-Money Laundering Act and compliance windows for people to declare their hidden assets.
The tax department had detected suspected black money running into thousands of crores of rupees post investigations on global leaks about Indians stashing funds abroad and has launched prosecution against hundreds of them, including those with accounts in the Geneva branch of HSBC.
As per the SNB, there were 248 banks in Switzerland at the end of 2018, of which 216 reported a profit while 32 suffered losses.
Their aggregate profit rose to CHF 11.5 billion, but overall balance sheet size decreased slightly to CHF 3.2 trillion.
Domestic customer deposits rose by CHF 30.3 billion to CHF 1.22 trillion, while foreign customer deposits were down slightly to CHF 591.1 billion.
There was an increase of 16 per cent in fiduciary funds administered by banks in 2018 to CHF 160 billion, but remained much below the high of CHF 482.9 billion set in 2007.
The number of staff declined by 1,547 to 107,388.
Indian money
RBL Bank 590.20 2.04
Coal India 230.05 -1.18
Is Chunky Panday the First Confirmed Celebrity Contestant of Salman Khan's Bigg Boss 13?
Kareena Kapoor Khan Charges Rs 3 Crore Per Episode for Dance India Dance?
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Letter Kills: Positive and Hopeful Rock
March 1, 2004 Vincent Fabella
Sitting in a small, white, one-story building are a few members of a rock ‘n’ roll band. Although the outer shell of this structure looks more like a private business than a church, Calvary Chapel in Temecula draws an eclectic congregation, including a young tattoo artist and a tall, long-haired biker. While struggling to find a name for their band, singer Matt Shelton and bassist Kyle ‘Harley’ Duckworth found out that they just had to wait for the name to find them.
In the middle of his sermon, the pastor reads a passage from the Bible that includes 2 Corinthians 3:6. The excerpt reads, ‘… servants of a new covenant not based on the letter but on the Spirit, for the letter kills, but the Spirit gives life.’
It was like two cartoon light bulbs appeared over the band members’ heads that day, and from then on, Matt and Kyle, along with guitarists Timothy Cordova and Dustin Lovelis and drummer Paul Remund would be known as Letter Kills.
Considering that every band member is Christian and that even their name is deeply rooted in religion, it is no surprise that Letter Kills’ message in their lyrics is a positive one. Shelton and Harley both agree that the hopeful tone of their lyrics is a refreshing one in a world full of cynical bands.
There won’t be any songs about wanting to commit suicide because of a broken bicycle. No, as Shelton emphasizes, ‘We know that bad things happen. They happen to everyone, but so many bands focus on the negative things.’ Harley, who gets his nickname from riding Harley motorcycles across the country, nods in agreement as Shelton continues. ‘We just want to give the people that listen to us something to hope for.’
Shelton, who wears a perfect salon haircut and a black bandanna around his neck, describes the music they write as ‘just rock ‘n’ roll, you know?’ Harley adds, ‘To someone who has never heard of our band or even our kind of music, I think we would just sound like rock ‘n’ roll to them. When you hear rock ‘n’ roll, whatever you think of, that’s what we sound like.’ He pauses for a bit, and confirms with a nod, ‘Just rock ‘n’ roll.’
Forming in the summer of 2002, Letter Kills’ aggressive guitars, along with the foundations provided by the bass and drums, sweetly complement Shelton’s on-point, throaty vocals and gut-wrenching screams. Shelton and Harley seemed to be hard-pressed to find an adequate way to describe their music since ‘all of our songs just sound so different, so I don’t think two or even three songs can be representative of what our band sounds like,’ Shelton said.
Their music carries elements of pop-punk, hints of metal and a good ratio of screaming to singing. Unique in their own subtle ways, they sound like a band that you would expect to tour with The Used, Story of the Year and maybe Finch.
When a band can get signed to a major label on merely a demo, they have to be doing something right. With the help of friends from the pop-hardcore (yeah, I just made that up) band, Finch, Letter Kills was able to get help from Drive-Thru Records in their quest to find a home.
Drive-Thru, in turn, hooked them up with Island Records, thus making them label-mates with the likes of Thrice, Elvis Costello, The Bronx and PJ Harvey, to name a few.
Out now is a three-song EP that the band simply calls the Letter Kills EP. Although it cannot completely embody what Letter Kills sounds like now, listening to it can give you a better idea of what they’re about. All of the songs can be streamed from their Web site at www.letterkills.com or bought at one of their shows.
Letter Kills plans to come out with their full-length debut album tentatively called ‘The Bridge’ on June 22. Written mostly at home and on the road, ‘The Bridge’ was produced by Jim Wirt who also worked on Incubus, Hoobastank and Something Corporate records.
Letter Kills likes to write songs with deeper meanings for their fans; this is also true for the title of their album. The name of the record is what they want their band to do: bridge the gap between the fans of the underground music scene and those of the mainstream crowd. As Shelton succinctly explains, ‘We just want to take people somewhere with this album. That’s why it’s called ‘The Bridge.”
Once ‘The Bridge’ comes out in the summer, Letter Kills will finally conduct a headlining tour to support it. Until then, they will be touring with the likes of Sugarcult, Story of the Year, play on the Warped Tour and film a music video for their first single with Quinn Allman of The Used.
While on the road, Harley likes to queue up all of the Radiohead albums on his laptop, set it to ‘random,’ and relax. Shelton, who Harley calls ‘the art guy,’ likes to draw and has been known to practice his art on his bandmates. ‘A few times I’ve given my guitarist tattoos while on the road.’ Sensing some confusion, he calmly continues, ‘In the van. And sometimes we’d go over a bump and a part of it would look sort of funny, but he thinks it looks fine. I just tell him not to tell anyone it was my work.’
On stage, Letter Kills’ calm demeanor quickly changes to a flailing display of microphone acrobatics and bouncy riffs. Whenever he’s not singing, Shelton tosses his microphone 20 feet into the air, swings it around and catches it with precision, making you wonder whether or not he’ll hit one of his brethren.
Much of the crowd happily sings along to the radio-friendly ‘Radio Up,’ as Shelton crouches over his microphone, serving a high-pitched scream. Their live show carries out in this energetic display without waning. So even if you end up not liking their music, they’re definitely a fun band to watch.
If you can’t wait for the summer and the Warped Tour, Letter Kills, along with The Used, Sugarcult, Goldfinger, Story of the Year, A Static Lullaby and about 15 other bands will be coming to Irvine. On March 28 at The Oak Canyon Ranch, this eccentric lineup will be playing to benefit the Stop Huntington Animal Cruelty organization. And if rad bands and a good cause aren’t enough for you, the event will be guest hosted by the Alicia Silverstone.
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Gaming Syndrome Raids Users
December 1, 2008 Editorial Board
The ostensibly static life of a gamer shouldn’t be disparaged. It’s a passionate story that epitomizes love and determination.
The story begins in the cluttered isles of a big-box retailer, when a sleek design on a garnished box galvanizes the curiosity of an up-and-coming adolescent; call him Slick. The box promises a new world where fantasies can be lived, where new identities can be donned and old ones shed. Hormones fired up, Slick makes a move on the voluptuous box and, with a glimmer in his eyes, runs a credit card debt to purchase it. Slick has now joined the ranks of 11 million other users who have been cajoled into betrothing themselves to the World of Warcraft, the massive online role-playing game.
Slick installs the game and plays, customizing his avatar, a warlock, and beginning his pursuit of quests, gears and gems. Like the average user, Slick pillages, explores and collects for about 25 hours a week, padding his pride with each experience point. The work pays off; Slick’s leveled-up avatar raises eyebrows every time it unleashes the fury of its magical battleaxe. It gets him membership in an exclusive guild where he begins to meet people who, like him, enjoy the simple pleasures that life has to offer, and have pledged to satisfy their Warcraft infatuation with all the irrationality it desires. Slick begins to play longer into the night and becomes his own cult hero. Slick has it all.
That’s how Slick views himself. However, the real Slick doesn’t embody his name. He’s unemployed, single and 35, the average age of a gamer according to the Entertainment Software Association. With dilated pupils and swimming in perspiration, his fingers incessantly click away only to pause when Mr. Bladder comes calling.
Although Slick may represent an aberration of the gaming norms, his story is shared, in part, by others and reveals the more somber realities of the virtual world. A 15-year-old Swedish boy who, earlier this month, played World of Warcraft for 20 straight hours, collapsed and went into convulsions, shares his compulsive gaming behavior. His neglect of his own life is shared by an American couple who last year, obsessively played the role-playing game Dungeons & Dragons while their two children became severely malnourished. Qui Chengwei, who, three years ago, fatally stabbed a fellow gamer for stealing his virtual sword, shares such a fixation on leveling up and gaining influence in the virtual world.
Recognizing the atrophic effects of video games, China, in 2005, began to implement controls that would dissuade its more than 20 million gamers from playing certain online games for more than three hours. After three hours, game characters would have their powers reduced. The controls in China go so far as to force gamers to take a break after five hours.
In America, the U.S. Army embraced the gaming media for the very reason the Chinese government decided to restrict it: addictive power. The U.S. Army pushed video games as a potential recruitment tool to entice adolescents to enlist, and after the success of its free action game, America’s army decided to establish its own video game studio. Currently, over 27 million copies of its video games have been distributed, costing taxpayers $2.5 million annually.
The reality of video game addiction has started to get some attention from the medical community. Last year, the American Medical Association’s Council on Science and Public Health prepared a report for the annual American Medical Association policy meeting. The report suggested including video game addiction as a disorder in the revised version of the DSM, a manual compiled by the American Psychiatric Association that lists recognized mental disorders. The report estimated that five million young Americans might be addicted. The proposal was denied, but with four out of 10 Americans now playing video games, the debate continues.
Like almost everything else in life, video games are as enjoyable as pumpkin pie, if enjoyed in moderation. However, video games become a prevalent problem when you add people lacking self-control to games that can shove self-control into a corner. So think twice this Christmas season before buying your friend or loved one that embellished box with the sleek design. Otherwise, that Warlock waiting to be played inside could end up ruining your holidays or worse, your life.
Send comments to newuopinion@gmail.com. Please include your name, year and major.
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The Stifled Desires Behind Acrush, the Chinese Boy Band Made Up of Five Girls
By Jiayang Fan
The forces underlying Acrush’s gender fluidity are more complicated than they might appear from outside China.
Courtesy YouTube
Just when you thought the boy-band phenomenon had finally run its course (in how many more directions can One Direction go?), a Chinese iteration goes and renovates the form. At first blush, the five members of Acrush (the “A” stands for Adonis, the Greek god of male beauty) resemble the prototypical Simon Cowell-culled group: boyishly handsome, impeccably groomed, freakishly flawless in a way that mortal teen-agers typically aren’t. There is, however, one difference. Underneath the leather jackets, Timberland boots, and conspicuously masculine posturing, the group is comprised of five cisgender girls.
Acrush originated in the coastal province of Zhejiang, under the auspices of Zhejiang Huati Culture Media Company, a Chinese pop-music factory that has built its brand by clotting the Internet with endless video streams. (Acrush made headlines even before releasing any music, attracting hundreds of thousands of fans with photos posted on Weibo, the Chinese equivalent of Twitter.) In April, the group released its first single, “Action,” whose music video features the band members, backlit against strips of neon, punching the air, thrusting their hips, and squinting meaningfully at the screen. The song’s rapid-fire lyrics deliver a rousing defense of self-determination: “I don’t live for anyone else / Labels—how to break them so I dictate my own life.” Western observers were impressed. “Acrush is bucking century-old norms,” Reuters reported. “China’s first androgynous boy band is breaking down barriers,” HuffPost declared.
But the forces underlying Acrush’s gender fluidity are more complicated than they might appear from the outside. When I first saw images of the band, in the spring, I was convinced that it had been around for years. This is, in part, because its members resemble every other male pop star—androgynous boys whose porcelain skin and elfin features have become the standard of beauty in East Asia. (The type is so prevalent that it even has a name: flower boys.) But, beyond that, Acrush also reminded me of another Asian trend that in recent years has absorbed millions of young women but remains almost entirely unknown in the West: yaoi, or Boys’ Love, a genre of Japanese anime geared toward female audiences that depicts romantic or erotic relationships between male characters.
“Boys’ Love is not gay porn for gays and lesbians,” a Chinese friend in her twenties who is an avid yaoi fan took care to inform me recently. “I’m straight, but I love experiencing the purity of love between boys in B.L.” When I asked her to elaborate, she said that she wasn’t sure Westerners could truly understand. “It’s like this: in China, the relationship between a man and a woman is really complicated by the respective families, their wishes and worries and unsexy financial issues. Reality always intrudes on the romance before it gets very romantic.” In the world of B.L., by contrast, romance can exist free of baggage. “It’s almost like they are not really men but just lovers, in the purest sense,” she said.
My friend’s words are equally relevant to the appeal of Acrush. Despite exposure to the wider world in recent years, China remains a country rooted in conservatism, with a social hierarchy that is rigid and unforgiving. Norms are carefully guarded and labels upheld: man, woman, father, mother, husband, wife. Confucian ideology, which has defined Chinese culture for millennia, places supreme importance on a person’s responsibility to fulfill the role assigned by his gender, class, and age. To dress and act in a manner that does not accord with your position is to violate a fundamental law of existence. To live for oneself is not only selfish; it is depraved.
Listening to the lyrics of “Action,” I, too, was struck by the band’s tone of assertive independence: “A promise of rebellion—to be an exception . . . I refuse to continue this insignificant existence. . . . I’ve tolerated this enfeebled, passive existence.” But how many Chinese youth—even with their vast exposure to the world through their computers and phones—can afford to embrace iconoclasm? In China, to be anything but heterosexual is to be the exception. Homosexuality was only removed from the Ministry of Health’s list of mental illnesses in 2001; same-sex marriage is not officially recognized. To stay single into your thirties as a Chinese woman is to be the exception; if you choose to do so, you will enter the ugly category of so-called leftover women. In the political sphere, to take exception to the status quo is to ask for a prison sentence.
Although the five members of Acrush have claimed to be straight (to say otherwise would invite a backlash), their avid fans, mostly young women, pay them the highest compliment available to boy-band members: they refer to them as lao gong, or husbands. On Weibo, tween girls profess feeling a genuine “bond” with the stars. “You are so handsome like a god but I feel like if we met, we could be friends,” a high schooler in Guangzhou gushed. When I asked another friend in China who is familiar with teen culture why young women might prefer girls dressed up as boys to real boys, she drew my attention to the culturally enforced chasm between the sexes. “To adolescent girls in China, boys can be unknowable and intimidating,” she said. Traditional Confucian fathers can be authoritarian and remote. As a result of the one-child policy, few girls grow up with a brother, a member of the opposite sex with whom they might have formed a natural bond. Moreover, dating in middle and high school is largely forbidden in China, so young women have little real-life experience with men until college, when they must hustle to find a good match before they turn into leftover women.
Even if Acrush, like yaoi, is the product of deferred desires and inexpressible yearnings, its appearance will have little effect on China’s social reality. In China, the market inevitably supersedes abstract social quandaries. Trends are to be exploited, not explored for meaning. As Wang Tianhai, the founder of Zhejiang Huati Culture Media Company, has taken pains to note, “We have no intention to push a political message . . . We have no clue even what the term L.G.B.T. means.” The important thing, he said, is “just tapping into what the fans want.”
For the time being, Acrush’s young followers, like adolescents everywhere, are in the process of figuring out what it is they want, groping their way to desires they are not yet fully conscious of. “I had a dream about you last night,” a middle schooler with the handle LinFang’s Little Sister posted recently in a message to Lin Fang, one of the band’s members. “Since I first saw your face on a poster three months ago, this is the first time I have dreamt about you. In the dream, you are chasing me down the stairs of our apartment building. We are laughing and shouting and playing this game where you have to catch me. You are getting close--so close!--and I want you to catch me but I also want to win.”
Jiayang Fan became a staff writer at The New Yorker in 2016.
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China and the Legend of Ivanka
That Ivanka Trump may be a role model for women in a society that has historically been hostile to their empowerment seems like a regression.
Annals of Music
Factory Girls
Cultural technology and the making of K-pop.
By John Seabrook
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What Planet Is Chris Christie Living On?
By John Cassidy
Chris Christie is heading for New Hampshire, his head held high, his tongue blazing.
Photograph by Jeff Zelevansky/Getty
Chris Christie can yak; we all know that. At one point during the Bridgegate scandal, which derailed his Presidential hopes, he stood at the podium for what seemed like an entire morning answering questions, until, finally, the Trenton press corps ran out of things to ask. He didn’t say much, of course, except to repeat his denial that he knew anything about the Nixonian shenanigans his chief of staff and top political adviser had apparently been up to in Fort Lee, where his administration stood accused of reducing the number of access lanes to the George Washington Bridge in order to punish the town’s mayor for opposing the governor’s reëlection. But at a moment when many politicians would have stayed out of view, Christie stood there and talked, and talked, and talked, his very presence indicating that, however bad things got, he intended to tough it out.
It was a bit like that on Tuesday. Christie returned to the gymnasium of the high school he’d attended, in Livingston, New Jersey, and announced that despite everything—criminal charges in the Bridgegate scandal, a record low approval rating in his own state, and a near-universal consensus among pundits that he’s finished as a national figure—he is, indeed, running for President in 2016. Without a teleprompter or any notes, he spoke for about half an hour, casting himself as a working-class hero, a pragmatic problem solver, and, above all else, a teller of truths.
“I am not running for President of the United States as a surrogate for being prom king of America,” Christie said. “I am not looking to be the most popular guy who looks in your eyes every day and tries to figure out what you want to hear. . . . When I stand up on a stage like this in front of all of you, there is one thing you will know for sure: I mean what I say and I say what I mean. And that’s what America needs right now.” Just in case anyone hadn’t received the message, his campaign had printed up blue placards bearing the legend “Christie. Telling it like it is.”
To be fair to the two-term governor, he had some good lines. (He often does.) Rather than simply criticizing President Obama and the Democrats, he said that both parties had failed the country by turning compromise into a dirty word. “If Washington and Adams and Jefferson believed compromise was a dirty word, we’d still be under the crown of England,” he said. When he did get around to attacking the current Commander-in-Chief, he accused him of running a “weak and feckless” foreign policy, adding, “President Obama lives in his own world, not in our world.”
Of course, the same thing could be said of Christie; indeed, his otherworldliness might be his greatest strength. Confronted with the realities of his situation, most earthbound politicians would be looking for a comfortable couch in a quiet room and adopting the fetal position. Christie is heading for New Hampshire, his head held high, his tongue blazing.
When he gets there, he will find that his poll numbers are somewhere between bad and disastrous. A year ago, opinion surveys indicated that he was leading the G.O.P. pack in the Granite State. Last week, in a poll carried out for CNN and WMUR, a New Hampshire television station, Christie ranked seventh, with just five per cent of likely G.O.P. voters selecting him. Ahead of him were Jeb Bush, Scott Walker, Marco Rubio, Rand Paul, Carly Fiorina, and Donald Trump.
And that’s the good news for Christie. On the national level, his position is even more fraught. It’s not just the fact that he’s running ninth in the G.O.P. field, or that fifty-five per cent of likely Republican voters questioned by pollsters for an NBC News/Wall Street Journal survey said that they couldn’t even imagine voting for him, or that many of the wealthy Republicans who supported him in 2012 have moved on to other candidates. It’s the fact that his own state of New Jersey has turned against him.
When a governor runs for President, a strong local base is a must. But in a poll released last week by Fairleigh Dickinson University, Christie’s approval rating was just thirty per cent, roughly half what it was two years ago. Forty per cent of respondents said that they “dislike everything” about him. Another twenty-three per cent said that they like him but dislike his policies.
Obviously, the Bridgegate scandal played a big part in undermining Christie’s popularity. But he has also been plagued by economic problems, particularly in Atlantic City; questions about the use of Hurricane Sandy relief funds; and renewed problems with the state’s public-employee pension system, which he claimed to have fixed. “The bad news is that he is the governor in a state where a sizable majority give a thumbs down to his leadership,” Krista Jenkins, the Fairleigh Dickinson professor who directed the poll, said.
Even some of Christie’s admirers have pretty much written him off. “His moment was four years ago, when he was fresh, brash—there was just something about him,” Charles Krauthammer, the conservative commentator, said on Fox News. “He was the candidate everybody wanted, the anti-Mitt Romney. And he decided he wanted to wait, and now the buzz is gone and that excitement is gone. . . . His political space, ideological, it has been taken by Jeb Bush.”
But that won’t stop Christie. History shows that he likes to play the underdog: that’s what he was in 2009, when he became New Jersey’s governor by defeating an incumbent Democrat, Jon Corzine. Ever confident of his own abilities, Christie will be looking for a strong showing in the televised debates, which start in August, and which will showcase his articulacy and his everyman persona. Still, absent a collapse in Bush’s campaign and a mass outbreak of amnesia among G.O.P. voters, Christie’s quest looks like a forlorn one.
John Cassidy has been a staff writer at The New Yorker since 1995. He also writes a column about politics, economics, and more for newyorker.com.
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The Political Scene
Crossing Chris Christie
What the New Jersey bridge scandal says about the Governor’s political style, and his future.
By Ryan Lizza
Republican “Survivor”: A Proposal for Culling the G.O.P. Field
The G.O.P. needs a procedure that affords all of the candidates an opportunity to impress while also acknowledging that voters can’t be expected to take fifteen or twenty candidates seriously.
By Lizzie Widdicombe
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Voting Out Judges
By Jeffrey Toobin
[#image: /photos/590953a0019dfc3494e9e445]
On Tuesday, I’ll be watching the races for control of Congress and the statehouses, of course, but there are important judicial races around the country as well.
The most interesting is in Iowa. As in many states, judges on the State Supreme Court in Iowa are appointed by the governor and then subject to retention election by the voters. In 2009, the Court ruled unanimously that, under the state constitution, same-sex couples could not be denied the right to marry. As it happens, three of the seven Justices are up for retention this year, and conservative activists have launched a campaign to evict the trio from the court. The race is shaping up as a referendum on same-sex marriage, and that could spell doom for the judges on the ballot.
There are other hot judicial contests in Michigan, Kansas, Alabama, and Colorado. Sandra Day O’Connor, the retired Justice, has devoted much of the past five years to crusading around the country against partisan contests for judgeships, arguing that an appointed judiciary provides the best bulwark against corruption and for individual rights. But in the last couple of weeks, O’Connor herself has been caught up in controversy, because her voice was used in robo-calls in support of a ballot initiative in Nevada which is designed to move that state toward less partisan judge-picking. O’Connor said she didn’t give permission for the use of her voice, but still supports the Nevada measure.
State Supreme Court judges usually serve for decades and exercise extraordinary power. As O’Connor recognized, the political nature of the contests for these jobs shape the quality of justice in the states. Republicans, by and large, favor judicial elections; Democrats (and O’Connor) support appointive systems. As with so much else, we’ll know more about which way we’re heading after Tuesday night.
See more of The New Yorker’s coverage of the midterm elections.
Jeffrey Toobin has been a staff writer at The New Yorker since 1993 and the senior legal analyst for CNN since 2002. He is the author of, most recently, “American Heiress: The Wild Saga of the Kidnapping, Crimes and Trial of Patty Hearst.”
Sandra Day O'Connor
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Mostly sunny skies. Hot and humid. High 101F. Winds SSE at 10 to 20 mph..
Generation NEXTs Print Mates Enters Pilot at Bed Bath & Beyond in Select California Locations
Generation NEXT Franchise Brands (GLOBE NEWSWIRE)
Robotic Photo Printing Kiosk to Debut at Retail Titan in Select Cities
SAN DIEGO, CA, July 09, 2019 (GLOBE NEWSWIRE) -- via NEWMEDIAWIRE -- Generation NEXT Franchise Brands, Inc. (OTCQB: VEND) announced today a pilot at select Bed Bath & Beyond® stores for Generation NEXT’s subsidiary, Print Mates ™ digital photo printing kiosks. As Back to School season approaches, Print Mates will be installed at four locations in California, including: Los Angeles, San Diego, San Francisco, and Mountain View.
Print Mates’ easy-to-use, touchscreen kiosks allow customers to instantly, easily and cost-effectively print high-quality photos directly from their smartphones or favorite social media and cloud storage accounts. They can also conveniently order other photo products, décor, and gifts ranging from fridge magnets, frames and posters, to jumbo-sized prints, beautiful canvases and wood prints. All products are conveniently shipped to their home in as little as one day.
“At Generation NEXT we’re committed to bringing consumers the next level of convenience through innovation, and we’re thrilled to pilot our latest innovative solutions, Print Mates kiosks at a retail destination like Bed Bath & Beyond,” said Nick Yates, CEO of Generation NEXT. “Bed Bath & Beyond is the epitome of what consumers love, and we are honored they recognize our new approach to photography development as something their customers will benefit from.”
Print Mates unattended kiosks will launch July 15 at the following Bed Bath & Beyond locations:
· Bed Bath & Beyond | 555 9thStreet, San Francisco, CA 94103
· Bed Bath & Beyond | 2470 Charleston Road, Mountain View, CA 94043
· Bed Bath & Beyond | 3341 East Foothill Boulevard, Pasadena, CA 91107
· Bed Bath & Beyond | 1750 Camino Del Rio North, San Diego, CA 92108
For more information about Generation NEXT’s Print Mates, please visit www.printmates.com.
About Print Mates ™
Print Mates™ unattended kiosks are designed to reinvent the premium-quality photo printing experience by making it fast, fun, and inexpensive to get your photos “out of your phone into your hand.” Customers love using the Print Mates™ Kiosk because they can instantly, easily and cost-effectively print high-quality photos directly from their smartphones or through their favorite social media (Facebook, Instagram, Google Photos, Dropbox and Flickr) photo sharing, or cloud storage accounts in six different sizes of prints in just seconds. www.printmates.com
About Generation NEXT Franchise Brands, Inc.
Generation NEXT is a full-scale developer of robotics, automation, and AI innovations and technologies. We create, develop and manufacture innovative robotic vending concepts that enhance the delivery, engagement and customer experience through innovation. Generation NEXT Franchise Brands, Inc., based in San Diego, California, is a publicly traded company on the OTC Markets trading under the symbol OTCBB: VEND. Generation NEXT Franchise Brands, Inc. is parent company to Reis and Irvy's, Inc. and Print Mates, Inc. www.gennextbrands.com
This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for information purposes only. No Reis & Irvy’s franchises will be sold to any resident of any state until the offering has been exempted from the requirements of, or duly registered in and declared effective by, such state and the required FDD (if any) has been delivered to the prospective franchisee before the sale in compliance with applicable law. Currently, the following states in the United States regulate the offer and sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you reside in one of these states, or even if you reside elsewhere, you may have certain rights under applicable franchise laws or regulations. Cautionary note on forward-looking statements: This press release contains “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Forward-looking statements include, among others, statements concerning our future financial performance, including statements regarding: our ability to generate revenue and recognize deferred revenue; our ability to timely launch delivery and installation of our frozen yogurt robots; and our ability to grow our franchising and licensing divisions and launch our corporate-owned and direct sales platforms. The Company bases these forward-looking statements on its current expectations, estimates and projections about future events and the industry in which it operates using information currently available to it. Actual results could differ materially from those discussed in, or implied by, these forward-looking statements. Forward-looking statements are identified by words such as “believe,” “anticipate,” “propose,” “expect,” “intend,” “plan,” “will,” “may,” “estimates,” variations of such words and other similar expressions. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances are forward-looking statements. Factors that could cause actual results to differ from those implied by the forward-looking statements contained in this press release are set forth in our filings with the Securities and Exchange Commission (SEC), including our most recent Annual Report on Form 10-K for the year ended June 30, 2018, our Quarterly Reports, and our Current Reports on Form 8-K. Be advised that developments subsequent to this press release are likely to cause these statements to become outdated and the Company is under no obligation (and expressly disclaims any such obligation) to update or revise any forward-looking statements whether as a result of new information, future events, or otherwise.
Contact: generationnext@5wpr.com
Sherry Ebertowski
103 N Ave, Ste 9, Council Bluffs, IA 51503
Railcar Modern American Kitchen
1814 N 144th St, Omaha, NE 68154
Wedding Essentials | The Bride’s Guide for Planning
1314 Douglas, Ste 604, Omaha, NE 68102
iRetire Financial
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UNMC | University of Nebraska Medical Center | Omaha NE
985230 Nebraska Medical Center, Omaha, NE 68198
Heafey Hoffmann Dworak Cutler
7805 W Center Rd, Omaha, NE 68144
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3 Florida radio stations plan to air Trump speeches every hour, every day until 2020 election
By Bradford Betz | Fox News
FILE: A cyclist rides by a building damaged by Hurricane Michael in Parker, Fla. Residents in these parts of the Florida Panhandle that were devastated by Hurricane Michael six months ago. (Associated Press)
All Trump, all the time?
Not quite, but three radio stations in Florida have vowed to air President Trump’s speeches every hour of every day until the 2020 election.
The stations disclosed the plan after the president spoke last week at a rally in the Florida Panhandle and promised $448 million in relief aid for Florida communities that were devastated by last year’s Category 5 Hurricane Michael.
“No games, no gimmicks, no delays,” Trump said to a delighted audience in Panama City Beach. “We’re just doing it.”
Three Bay County stations – WRBA-FM, WKNK-FM and WASJ-FM – said they will broadcast two-minute excerpts of the president’s speeches every hour of every day until the end of the 2020 election, said Samuel Rogatinsky, a Fort Lauderdale-based attorney.
“We ran it by a bunch of listeners and people in the area, and nobody’s upset about it. It’s Republican territory,” Rogatinsky told the Orlando Sentinel. “Nobody’s offended by it. It’s not an issue.”
“Really, we just want to have inspirational type things because the community is so down,” he added. “Nobody else is really promising or doing anything. They want to hear what he has to say.”
Rogatinsky’s newly formed company, Gulf Coast Media Inc., purchased the three radio stations from Powell Broadcasting Company, according to the paper. He said the Bay County community was heartened by Trump’s appearance in the neglected area and is on board with the radio stations’ plan.
In a news release, Gulf Coast Media acknowledged its unconventional approach but insisted it has “taken this approach to show the community’s sincere appreciation for President Donald Trump’s work in Panama City and Bay County.”
Gulf Media will offer to air other candidates’ speeches to comply with the Federal Communications Commission’s equal time guidelines, Rogatinsky told MSN.
Bradford Betz is an editor for Fox News. Follow him on Twitter @bradford_betz.
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Debate Over Minimum Wage Goes On
October 27, 2016, 5PM EST
545355453554535Debate Over Minimum Wage Goes OnAlthough Gov. Christie vetoed a minimum wage increase this year, lawmakers, business leaders and worker advocates are still debating increasing the state's minimum wage to $15 per hour.2016-10-27 04:52 pmdisabled2365877551true
By David Cruz
With a swipe of his veto pen, this year Gov. Chris Christie put a stop to Democratic lawmakers’ efforts to raise the minimum wage to $15. But the minimum wage debate, that continues. Lawmakers say they’re ready to go back to voters with another referendum — the second in three years — that would raise the wage. But some Republican lawmakers hope for a chance to broaden the conversation before it comes to that.
“They’re pushing an agenda,” said Republican Assemblywoman Holly Schepisi. “They will never provide a balanced approach to it, and that’s the unfortunate thing. In order for the public to completely understand what the implications of something are, they have to understand the entire story and make a determination from there. What you have is these unions pumping millions and millions of dollars into a narrative that’s only a partial portion of a narrative.”
Which, you might not be shocked to learn, is just about what the other side says. By now, the arguments have been made. Worker advocates say they can’t live on $18,000 a year and employers say they can’t afford to pay everyone $15 an hour. But there has to be a middle ground somewhere, no?
“This debate has been on the table for the past several years and I think we all understand that living in New Jersey, we need to increase the minimum wage,” added Democratic Assemblywoman Valerie Vainieri Huttle. “We need to have people, you know, get dollar for dollar what they’re working for, however I think there is some tweaking that we have to do to resolve some of the challenges.”
Absent a governor with an inclination to help find a middle ground, the business side — as personified by groups like the New Jersey Business and Industry Association — and workers — backed by unions eager to recruit and organize — appear headed for the same old debate.
“All these issues are complex and they require the opportunity for us to sit down and talk about comprehensive solutions,” concluded Michele Siekerka of the NJBIA. “And what we tend to do is look at things in a vacuum all the time, so we look at minimum wage as ‘what should the check say?’ Along with that, we don’t have a discussion about what benefits come along with that; what are the skills required to get to the next level? Are there opportunities to get to the next level? These are complex discussions, so we shouldn’t do things in a vacuum.”
Lieutenant Gov. Kim Guadagno is against the hike. “Let’s look at the numbers,” she said. “Let’s go to an objective economist — not mine as a Republican, not theirs as a Democrat — and let’s evaluate who’s really going to be hurt and who’s really going to be helped by going to $15 and then make a decision, an informed decision and let’s go from there.”
Which sounds great but given the current climate in Trenton, is unlikely. In the end, the question of what New Jersey’s minimum wage should be will be left up to voters, again. And what voters will be thinking a year from now is anyone’s guess.
What Life is Like for a Low Wage Worker
What a Minimum Wage Increase Means to Small Businesses
Follow @CruzNJTV
TOPICS: BUSINESS & ECONOMY, POLITICS & GOVERNMENT
TAGS: VALERIE HUTTLE VALERIE VAINIERI HUTTLE MICHELE SIEKERKA CHRIS CHRISTIE KIM GUADAGNO CHASING THE DREAM HOLLY SCHEPISI MINIMUM WAGE DAVID CRUZ NJBIA
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News, Stories
North Park Honors Grads During Commencement Weekend
More than 550 North Parkers received their diplomas, graduate degrees, and certificates during a celebratory commencement weekend filled with family, friends, and University faculty and staff.
The celebratory weekend began with the Baccalaureate Service, held Friday evening at the historic Fourth Presbyterian Church downtown, and continued Saturday with the undergraduate commencement ceremony.
The Procession of Colors kicked off the ceremony, with graduates carrying the flags of the countries in which they were born or had been residents. In all, 25 countries, from Rwanda to South Korea, were represented, the flags serving as a visual embodiment of North Park’s intercultural distinctive.
These students were followed by 300 of their classmates, who took their seats at the front of the assembled crowd.
“This indeed is a glorious moment,” President Mary K. Surridge said, addressing the graduates. “Years of diligent work have led to this milestone; you have reason to be proud of your accomplishment.”
President Surridge continued: “Our vision, building on our core institutional identity – Christian, city-centered, and intercultural – is to fashion a university of uncommon character and enduring excellence where faith, learning, and service meet. You are evidence that we are advancing this vision.”
President Surridge addresses the graduates.
President Surridge then took a moment to honor members of the Class of 1969, many of whom were in attendance, dressed in golden robes and sitting just behind the members of the Class of 2019. President Surridge noted that in 1969, gas was 30 cents a gallon, the median income was $8,500, and it was the year of Woodstock and the first year Yale University admitted women.
Before the Class of 1969 stood to applause, she lauded the “Legacy of our faithful alumni.”
This year, a three-way tie meant that three students received the Ahnfeldt Medallion, awarded to the graduate with the highest grade point average. This year’s recipients were Aseel Hussein, a politics and government major; Katelyn Jo Truex, a psychology major; and Dawson Vosburg, a sociology major.
Following the conferring of undergraduate degrees, the David Nyvall Medallion for Distinguished Service was awarded to Dr. Linda Duncan in recognition of more than 40 years of service to North Park.
Linda Duncan, Dean of the School of Nursing and Health Sciences, receives the David Nyvall Medallion.
Under Duncan’s leadership as dean, the undergraduate nursing program was redesigned and undergraduate enrollment doubled, becoming one of North Park’s largest majors. Lab space was significantly expanded, including the addition of the cutting-edge Kathy Holmgren Nursing Simulation Center.
The morning ceremony was followed in the afternoon by the Graduate and School of Professional Studies Commencement Convocation. During the commencement litany, graduate students vowed to continue to live the North Park mission.
“We will strive to show reverence for all human life, to treat all people with dignity and respect, and to work together for the common good,” the graduates said in unison. “As we leave this place, we will continue to explore the world and learn from the perspective of others.”
Directory of Ministry Services Carol Lawson receives an honorary degree.
The day ended with the Seminary Commencement and Consecration Service, where recently retired Directory of Ministry Services Carol Lawson received an honorary degree. The commencement speaker, Cecilia Williams, serves as the Executive Minister for the Love Mercy Do Justice mission of the Evangelical Covenant Church.
At the Baccalaureate Service, President Surridge addressed graduates on the eve of their graduation.
“Tonight is a gift from God,” President Surridge said. “Gathered on the eve of a milestone, we offer to God what we have to give – ourselves and the stirrings of our hearts and minds.”
Craig Johnson, Dean of the School Music, Art, and Theatre, delivers the Baccalaureate Address.
The Baccalaureate Address was given by Craig R. Johnson, the retiring Dean of the School of Music, Art, and Theatre. Afterward, the graduates received Prayers of Blessings from University faculty and staff.
Earlier in the week, a special athletics commencement ceremony was held for members of the baseball and rowing teams, whose members were participating in a tournament and a regatta, respectively, during the traditional ceremony.
Watch Commencement Videos
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Support our Bright Charity
Our Work Around the World
In February 2018, a team of healthcare professionals from Northumbria Healthcare NHS Foundation Trust travelled to Tanzania to provide teaching and training to staff of Kilimanjaro Christian Medical Centre (KCMC).
In 2004 Northumbria Healthcare Foundation Trust was invited to assist with the introduction of laparoscopic surgery as a new health service for Kilimanjaro Christian Medical Centre and Tanzania.
Fourteen years on and the project has gone from strength to strength. This year the team focused on introducing day case surgery at KCMC and investigating the possibility of developing a day case unit.
As KCMC serves of catchment area of 15 million people, the development of a day case unit is of immense value as it would help reduce congestion on the wards.
Consultant surgeon Liam Horgan returned to lead the 10th national laparoscopic course with Dr Kondo Chilonga, Head of surgery. The course was attended by over 50 surgeons and residents from across Tanzania who travelled to KCMC to participate. Over the four days Mr Horgan oversaw the completion of 12 procedures, training the staff at KCMC in theatres – all whilst being recorded by Tanzanian television companies.
The team was joined by the first cohort of International Leadership Fellows, Julie Hogarth and Samantha Davidson who used their individual skillsets to undertake specific projects centred on improving hospital services.
Programme manager Brenda Longstaff directed the visit and continued to facilitate the partnership between Northumbria Healthcare and KCMC, which is approaching its 20th anniversary.
Pre visit - Preparations
Pre visit - Expectations
Day 1 - Arrival in Tanzania
Day 2 - First impressions
Day 3 - Problem solving
Day 4 - Making inroads
Day 5 - Donations arrive
Day 6 & 7 - The weekend
Day 8 - Launch day
Day 9 - Lights, camera, operate
Day 10 - Penultimate day
Day 11 - The long journey home
Why Tanzania?
Tanzania is a politically stable country in East Africa but also one of the poorest countries in the world .
Government spending on healthcare is a tiny percentage of the UKs for example in the UK we spend around £3200 per person yet in Tanzania this sum is only around £45 per person.
This is evident in the lack of resources to deliver healthcare (medicines and equipment) and also the small numbers of qualified doctors and nurses employed within the health service who struggle to meet the needs of their patients.
Why KCMC?
In the late 1990s Professor Richard Walker, a consultant physician at North Tyneside General Hospital travelled to Tanzania to undertake stroke research in the Hai District of north-east Tanzania. Whilst there he worked closely with senior doctors at KCMC and upon returning to the UK decided to seek out support for a formal partnership, to provide a helping hand. KCMC is one of only 4 hospitals across Tanzania to have senior doctors (consultants) and it serves a population of 15 million.
We work closely with the Board of Directors at KCMC and follow their lead on areas they have chosen for development. Projects are agreed and written up in an annual business case that is signed off by the Boards in UK and Tanzania.
We provide opportunities for healthcare professionals, from across a wide range of professional backgrounds, to take part in project development in Tanzania. The aim is to teach and train so that over a number of years the Tanzanian healthcare professionals are able to train their colleagues and take ownership of new health services. The ultimate aim is for sustainability.
What difference have we made?
Since the first international development grant was received in 2001 the trust has developed a number of projects that have really made a difference to health services in Tanzania, such as:
Introduction of International Classification of Diseases (ICD10) training for clinical coders at KCMC and nationally so that Tanzania could report statistics on the prevalence of HIV/Aids for the first time. (2001 onwards)
Development of an accredited short course in ultrasound that has been taught to hundreds of healthcare professionals from Tanzania and across East Africa (2003)
Donation of equipment to establish Tanzania’s first endoscopy unit at KCMC in 2003
Introduction of Laparoscopic surgery as a new healthcare service for Tanzania (featured in Tanzania Daily News) 2004
Development of the first BSC physiotherapy degree course for Tanzania, the first cohort graduated in 2008.
Development of Tanzania’s first dedicated burns unit at KCMC and training of staff to become burn specialists (2010 onwards)
Who pays?
The Tanzania programme has a large support group that fundraises throughout the year to ensure that the programme can continue to go from strength to strength. There is a JustGiving link for supporters to donate to.
The volunteer group also applies for funding from grant-giving organisations to support major projects.
The trust selects volunteers who have the skills, knowledge and training to undertake the different projects. Over the years this has included doctors, nurses and therapists but also finance managers, IT engineers and administrators.
What do we gain / Mutual benefits?
Involvement in international volunteering has proven benefits in terms of professional and personal development. Research has shown that healthcare professionals returning from overseas are more knowledgeable about global health issues, more culturally attuned and have a renewed passion for the NHS. They also develop higher level leadership skills by delivering training in a resource-poor environment, having to constantly think outside the box and develop solutions for issues when the usual back-up that they are used to in the UK is not available. Many people say that it is a ‘life changing’ experience.
Can you really make a difference in two weeks?
Our work on each project is planned so that it builds on learning from the previous year. Through equipment donations, opportunities to visit Northumbria for intensive training and donations of teaching materials , we find that confidence grows and new services move to the next stage of development. The combination of hands-on teaching in Tanzania and observation of speciality services in action in the UK seems to keep up momentum with the team visit being the culmination of a lot of work throughout the year.
Although most visits last around 2 weeks , they are planned in great detail to maximise impact and ensure that the process of change keeps moving forward. For example through annual 2 week visits it was possible, over a period of 10 years, to introduce laparoscopic (keyhole) surgery as a new health service to Tanzania.
It began when in 2004 laparoscopic surgeon Liam Horgan performed the first laparoscopic procedure in Tanzania. In 2008 an audio visual link was set up to enable surgeons in the UK to talk the Tanzanian surgeons through live operations. By 2013 Tanzanian surgeons had performed over 800 successful procedures and by 2018 KCMC surgeons were delivering Day Case Surgery and training to other surgeons and nurses from across Tanzania.
The international programme continues to grow with healthcare professionals from across the UK and further afield keen to share their skills with the Northumbria team.
We also recognise the importance of this work as a development opportunity for staff and Northumbria Healthcare has launched an International Fellowship programme whilst also working with Health Education North-East to improve resilience among junior doctors.
Recently, KCMC Directors have asked for our support to develop orthopaedics and a new diabetes service. So this will be a new focus for the years ahead.
We are planning to expand into other countries and we are frequently approached to work with other countries and have undertaken projects in Ghana and Nigeria.
How does it compare to other health links ?
Northumbria Healthcare’s Tanzania Partnership is recognised as one of the largest and most successful international development partnerships in the UK. It has won numerous awards both in the UK and internationally.
If you would like to hear more about our international work or support the programme, contact Brenda Longstaff at brenda.longstaff@northumbria.nhs.uk.
Return to: Get Involved
Novemba
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BASKETBALL: UCR’s Wooldridge on Wildcats, Aztecs
UC Riverside coach Jim Wooldridge, whose observations on the NCAA Tournament are the focus of today’s column, says he’s picking Kentucky and John Calipari to win the national championship, and here’s why:
“The inexperience on the floor is an issue, but there’s something about what’s going on there now. It’s the most unusual bunch of young talent, but they’ve been coached by this wily veteran, this gambler. He’s tough. And this Kentucky thing. If you hear him talk about coaching or playing at Kentucky, the national exposure that this tournament brings is nothing new to them, from the day they sign there. It’s just unique. They’re used to this. They’re used to people wanting to know what’s your favorite color. Where you gonna go eat? They’re used to this. And they want it. That’s why they go there.
“I believe he’s honest with them. I think he tells them, ‘If you come here, you better strap it on, because you’re not going to be an entitlement guy. I’m not going to put up with any of that. This is about your team and I’ll move you forward. Your talent will move you forward.’ And I think he preps them. Some people sell, sell, sell. He’s selling, but I think he’s also really, really frank with them, really candid, about, ‘If you come here, this will be the hardest thing you can do.’ The scrutiny, the winning, the coaching … I think he’s doing it the right way when they get in there. And they don’t go there unless they know the deal. Their eyes are open. He’s a great coach. That Kentucky thing is on them every day. They’re ready for this.”
Wooldridge also discussed future Big West member San Diego State, which whacked UCR 80-55 in December and begins its tournament play today against North Carolina State (truTV, 9:30 a.m.):
“Obviously I think they’re a very good basketball team. I think, more importantly, what they did a year ago (reaching the Sweet Sixteen) is going to serve them in a positive way this year. ‘We’re accustomed to this.’ One of the things, to be honest with you, that they played to this year, and early in the year, was their success from a year ago. ‘We expect to win. We have won. We expect to win more.’ It’s not a surprise to me, to us. And I think that probably is going to find its way into this tournament …
“It is the deal. And it’s not false. Some people might say, ‘Well, that’s delusional. That’s not even in the realm of possibility.’ But for these kids at San Diego State, it’s very possible. That confident level that they’re playing to, and what they achieved a year ago, plays into this year’s tournament.”
Next, at 11:30 a.m.: Wooldridge talks about his own program.
HEMET: Four white supremacists convicted in 2008 beating
Baker’s Drive-Thru adds beef, chicken and breakfast bowls to its menu for a limited time
Jim Alexander blog
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War Support Slips, Fewer Expect a Successful Outcome
Country is 'Losing Ground' On Deficit, Rich-Poor Gap
Public support for the war in Iraq continues to decline, as a growing number of political independents are turning against the war. Overall, a 53% majority of Americans believe the U.S. should bring its troops home as soon as possible – up five points in the past month and the highest percentage favoring a troop pullout since the war began nearly four years ago.
Confidence in a successful outcome in Iraq, which remained fairly high last year even as perceptions of the situation grew negative, also has eroded. The public is now evenly divided over whether the U.S. is likely to achieve its goals in Iraq – 47% believe it will definitely or probably succeed, while 46% disagree. Three months ago, 53% saw success as at least probable and 41% disagreed.
The latest nationwide survey by the Pew Research Center for the People & the Press, conducted Feb. 7-11 among 1,509 Americans, paints a bleak picture of public opinion about the war. Fully two-thirds of Americans (67%) say things are not going well with the U.S. military effort in Iraq, and solid majorities say the U.S. is losing ground in preventing a civil war (68%), reducing civilian casualties (66%), and defeating the insurgents militarily (55%).
In recent surveys, independents had been fairly evenly split over whether to bring the troops home. In January, 47% favored a troop withdrawal while 49% said the troops should remain in Iraq until the situation there is stabilized. But in the current survey, 55% of independents say they favor bringing the troops home as soon as possible, compared with 40% who believe the troops should remain.
More Democrats also support a troop withdrawal than did so in January (74% now, 66% then). By contrast, Republicans have been unwavering in their support for keeping the troops in Iraq. By roughly three-to-one (71%-23%), Republicans believe that U.S. forces should remain in Iraq until the situation there is stable, which is nearly identical to opinion among Republicans in January.
While support is increasing for bringing the troops home as soon as possible, most Americans still do not favor an immediate troop pull-out. When asked if the U.S. should remove all troops immediately or gradually over the next year or two, most of those who support a troop pullout – 35% of the general public – say the drawdown should be gradual; just 16% want the troops brought home immediately.
Americans also have become more skeptical that success can be achieved in Iraq. Again, the shift has been most striking among independents. Since the summer, the percentage of independents who believe the U.S. will definitely or probably achieve its goals there has fallen by 14 points (from 54% to 40%). The changes have been less dramatic among Democrats and Republicans; an overwhelming number of Republicans (77%) still say the U.S. either definitely or probably will achieve its goals in Iraq.
As was the case last month, the public expresses broad opposition to President Bush’s plan to dispatch an additional 21,000 troops to Iraq. By roughly two-to-one (63%-31%) the public opposes the ‘troop surge’ plan, which is virtually unchanged since January.
In recent weeks, the Bush administration also has highlighted the increasing threat posed by Iran, both because of its nuclear program and its reported support for anti-U.S. insurgents in Iraq. But public perceptions of the Iranian threat have not increased over the past year. Currently, a quarter of Americans volunteer Iran as the country representing the “greatest danger” to the U.S., the highest percentage naming any single country. In February 2006, a comparable number (27%) cited Iran as the greatest threat to the U.S. And the public is split evenly over whether it is more important for the U.S. to take a firm stand against Iranian actions or to try to avoid a military conflict with Iran (43% each).
While public perceptions of the situation in Iraq have deteriorated, there also is pessimism about the progress being achieved on a number of domestic issues. Across a series of 10 problem areas from the budget deficit to corruption to the environment, more Americans say the country is losing ground than believe it is making progress. The only issue on which there is a divided verdict is international terrorism; even here, more say the country is losing ground (38%) than say it is making progress (30%). On every other issue polled, the gap between those who say the country is making progress and losing ground is at least 20 percentage points.
The greatest pessimism is expressed about the federal budget deficit (64% say the U.S. is losing ground) and the gap between rich and poor (63% losing ground). Nearly as many say the country is losing ground on the way the health care system is working (60%) and on the issue of illegal immigration (59%).
President Bush’s standing with the public has changed little over the past few months. Just a third approve of the president’s job performance, unchanged from last month. And when asked to describe their impression of Bush in a single word, nearly twice as many use negative terms as positive ones. The balance of negative to positive descriptions has changed little in the past year (For more on the terms used to describe Bush, see pg. 13).
Sharp Decline in Iraq Perceptions
Two-thirds of Americans (67%) say that the U.S. military effort in Iraq is going not too well or not at all well. Just 30% say things are going very or fairly well. While perceptions of the state of affairs in Iraq have been deteriorating steadily since the summer of 2003, the past year has seen a particularly sharp decline; in February 2006, 51% said things in Iraq were going at least fairly well, 21 points higher than in the current survey. As a point of comparison, positive evaluations of progress in Iraq fell by about the same amount in the nearly three preceding years (24 points).
In large part, the steep downturn over the past year reflects a crumbling of the GOP unity over progress in Iraq. As recently as a year ago, more than three-quarters of Republicans (77%) believed things were going at least fairly well in Iraq – a position most Democrats and independents then rejected. But today, a bare 51% majority of Republicans say the situation in Iraq is going well, down 26 points from a year ago.
Democrats and independents, already downbeat about Iraq, have become even more so. By a margin of 83%-15%, Democrats say things are not going well in Iraq today, and more than two-thirds of independents (69%) share this view. Comparatively, Republicans remain somewhat upbeat. However, with 47% of Republicans also rating the situation poorly, the partisan gap over how things are going is narrower today than it has been since the earliest months of the conflict.
From Bad to Worse
Increasingly, Americans see a lack of progress in Iraq across a wide range of objectives. Most notably, roughly two-thirds (68%) believe the U.S. is losing ground in terms of preventing a civil war between various religious and ethnic groups, up from just 48% a year ago. And about as many (66%) believe that the U.S. is losing ground in reducing the number of civilian casualties in Iraq. In both of these areas, only about one-in-five believe that the U.S. is making progress.
The public’s impression of how the U.S. is doing in establishing democracy in Iraq has also shifted dramatically. As recently as June of last year, most felt progress was being made (55%). But today, just 40% believe the U.S. is making progress toward establishing a democracy, while 47% say we are losing ground.
Republicans Remain Confident of Success
Despite their widespread concerns about the current state of affairs in Iraq, most Republicans remain upbeat about the prospects for the future. More than three-quarters (77%) of Republicans believe the U.S. will definitely or probably succeed in achieving its goals in Iraq. About a third of Democrats (34%) believe the U.S. will succeed, while 61% say it will definitely or probably fail; somewhat more independents think the U.S. is likely to achieve its goals in Iraq.
Overall, public opinion is divided over the prospects for Iraq, with just as many predicting success (47%) as failure (46%). This is a stark slide in optimism overall in recent months. In September, the prevailing view (by a 57% to 35%) margin, was that the U.S. would succeed in achieving its goals in Iraq.
Younger Americans express greater confidence about prospects for success in Iraq than do older people. A slim majority of those under age 50 (52%) predict success in Iraq, compared with just 36% of people age 65 and older. Seniors are no more likely than people in other age categories to predict that America will fail in Iraq. Instead, they simply express greater uncertainty – many refuse to even hazard a guess as to how things might turn out.
Consistent GOP Support for Bush Policy
Just as Republicans remain confident of success in Iraq, they also have consistently supported the Bush administration’s Iraq policy. Roughly three-quarters (76%) say the war was the right decision, which is unchanged from January and virtually the same as in August 2006. Last February, GOP support for the decision to go to war was only modestly higher (81%).
Similarly, stable majorities of Republicans believe U.S. troops should remain in Iraq until the situation there is stabilized; 71% say that now, which also is about the same as in last August (72%) and February (73%).
Moreover, the number of Republicans who say more troops are needed in Iraq increased sharply after Bush announced the surge plan last month. Currently, 42% of Republicans say more U.S. forces are needed in Iraq; that is a bit lower than last month (47%). But twice as many Republicans now say more troops are needed than did so last August (42% vs. 21%).
Congress vs. Bush
Generally, public reactions to Bush’s troop increase have remained largely unchanged since last month. Roughly six-in-ten (63%) oppose the plan to send more troops into Iraq, and as many as 45% of Americans would like to see Congress try to block Bush’s plan by withholding funding for the additional forces. Among Democrats, roughly two-thirds (68%) want Congress to stop funding in an effort to block the troop buildup.
Overall, just 21% of Americans say the president has a clear plan for how to deal with Iraq, a figure that has not changed substantially over the past year. Among those who favor the troop increase, about half (52%) say the president has a clear plan for Iraq, compared with just 6% of people who oppose the surge.
Americans are just as skeptical about the Democrats’ approach on Iraq – 20% say the party leaders have a clear plan for how to deal with the situation, while 68% say they do not. Even among those who favor congressional action to block Bush’s proposed troop increase, just 29% believe the Democratic leaders have a clear alternative.
Where Do Republicans in Congress Stand?
The public is clearly aware of the opposition to Bush’s plan among Democrats in Congress. Eight-in-ten say most Congressional Democrats oppose Bush on this issue, and seven-in-ten say that a majority in Congress is against the surge.
But from the public’s perspective, there is far less clarity about where Republicans in Congress stand. While 44% say that Bush’s plan is backed by a majority of Congressional Republicans, 31% believe that most Republicans oppose the plan.
To some extent, this may be wishful thinking on the part of opponents of the surge, who are as likely to say that most Republicans side with them (38%) as side with Bush (39%). Proponents of Bush’s plan mostly believe that a majority of Republicans in Congress share their view (57%). But even here, 20% believe that Republicans in Congress oppose the president on this issue, and many others either think the party leadership is split (5%) or are unsure where they stand (18%).
Divided Over Iran
About a third of Americans (34%) say they have read or heard a lot about reports that Iran may be providing weapons to insurgent groups in Iraq. Public awareness of this issue is somewhat lower than it was regarding Iran’s nuclear program last September (41%).
Overall, Americans are evenly divided over whether it is more important to “take a firm stand” against Iran or to avoid a military conflict with Iran. The political and ideological differences over how to approach Iran resemble the divisions over Iraq. Nearly two-thirds of conservative Republicans (65%) and a smaller majority of moderate and liberal Republicans (55%) believe it is more important to take a firm stand against Iran; among Democrats, majorities of liberals (60%), and conservatives and moderates (51%), say it is more important to avoid a military conflict with Iran.
In addition, 40% of conservative Republicans cite Iran as the country that represents the greatest danger to the United States; no more than three-in-ten in any other partisan group identifies Iran as the country presenting the greatest danger. However, somewhat fewer conservative Republicans name Iran as the biggest threat to the U.S. than did so a year ago (48%).
Major Issues: Few See Progress
The public is generally dubious about whether progress is being achieved on major issues facing the country. Of 10 issues tested, international terrorism is the only one on which as many as 30% believe the country is currently making progress. Even on terrorism, however, the number saying progress is being made has declined (from 40% in March 2002).
Nearly two-thirds of Americans say the country is losing ground on the federal budget deficit (64%) and on the gap between rich and poor (63%). Nearly as many say the country is losing ground on the way the health care system is working (60%) and on the issue of illegal immigration (59%).
Majorities also say that the country is losing ground on moral standards and ethics (55%), and on environmental pollution (52%). Nearly half (47%) see the nation slipping on the availability of good paying jobs and on the issue of political corruption. Slightly fewer believe we are losing ground on the quality of public education (45%).
The largest change in recent perceptions has occurred on the environment, where there has been a 15-point increase since May 2005 in the view that the country is losing ground (from 37% to 52%). This shift has occurred as the debate over global climate change has intensified. A January Pew poll found that 77% of the public believes there is sol
id evidence that global warming is occurring, and 55% say that it is a problem that requires immediate government action.
Since May 2005, there has been a seven-point increase in the perception that the country is losing ground on the issue of illegal immigration. The level of concern about this issue (59%) now nearly matches its high point in Pew’s polling; in April 1995, 62% said the country was losing ground on illegal immigration.
Somewhat fewer Americans believe the country is losing ground on job availability and public education than did so in May 2005. About half (47%) say the country is losing ground on jobs, down from 55% in May 2005. The number saying that the country is losing ground on public education has slipped by five points (from 50% to 45%).
Partisan Perceptions of Progress
There are significant partisan differences in views of whether progress is being achieved, or lost, on each of these issues. The largest partisan gap is over the environment, where 63% of Democrats but only 31% of Republicans see the country losing ground.
However, the belief that the country is losing ground in environmental pollution has grown as much among Republicans as among Democrats over the past two years (up 12 points for both). An even bigger change occurred among independents; 54% now say we are losing ground on the environment, up from 38% in 2005.
Partisan differences on several other issues are nearly as large as over the environment. Three-quarters of Democrats say the country is losing ground on the federal budget deficit, compared with 47% of Republicans. Comparable differences are evident in views of whether the U.S. is losing ground on the rich-poor gap (28 points) and job availability (27 points).
The only issues on which more Republicans than Democrats say the country is losing ground are moral and ethical standards and illegal immigration. About two-thirds of Republicans (68%) say the U.S. is losing ground on illegal immigration, up from 58% in May 2005; just 53% of Democrats believe the country is losing ground on this issue. On moral standards, 67% of Republicans and 53% of Democrats say the country is losing ground. White evangelicals (71%), in particular, believe the U.S. is falling behind on this issue.
Lower Grades for the Economy
In December, there was a slight improvement in the public’s assessments of the economy, but this month’s poll shows a reversal of that trend. Fewer than one-in-three Americans (31%) currently rate the country’s economic conditions as excellent or good, while 68% say the state of the economy is either fair or poor.
Republicans, however, continue to see this issue very differently than do Democrats or independents. A majority (56%) of Republicans rate the economy as excellent or good, compared with only 15% of Democrats and 30% of independents. The partisan gap in views of the nation’s economy has increased dramatically in recent years; opinions of the economy were far less politically polarized during the 1990s.
There also is a wide gender gap in economic perceptions: 38% of men say the economy is excellent or good, compared with 26% of women.
Education and income also are associated with views of the economy, with college graduates (41% excellent or good) and people with annual household incomes of at least $100,000 (43% excellent or good) especially likely to say the country’s economic health is strong.
Public expectations about the future of the economy also have grown slightly more negative since the end of last year. In December, 22% said that in one year economic conditions in the country would be better, while 18% said they would be worse. In the current survey, 17% believe the economy will get better and 20% say it will get worse. Most Americans (58%) continue to believe the economy will be about the same in a year as it is now; 56% said that in December.
When asked about the job situation in their local community, Americans are slightly less negative. About four-in-ten (39%) say there are plenty of jobs available locally, which is virtually unchanged from December (40%). The jobs climate varies considerably by region, with opportunities much more common in the West (48% say plenty of jobs available) and South (46%) than in the Midwest (30%) or East (26%). Assessments also differ along party lines, with most Republicans (51%) seeing jobs available in their communities and most Democrats (59%) saying jobs are hard to find. Among independents, 38% say plenty of jobs are available and 47% say they are scarce.
Americans are evenly divided between those who see their personal financial situation as fair or poor (50%) and those who rate it as excellent or good (49%). This measure also is basically unchanged from December, and there has been very little movement on this question over the last several years. Republicans (62% excellent or good) are much more positive about their personal finances than are Democrats (42% excellent or good) or independents (48% excellent or good). And positive views of personal finances are strongly correlated with income and education – 84% of those with household incomes of $100,000 or more and 68% of college graduates rate their finances as excellent or good.
Looking to the future, Americans remain optimistic that their personal financial situation will improve; 63% believe their finances will improve either a lot (11%) or some (52%) over the next year, down just slightly from December, when 67% (10% a lot, 57% some) took an optimistic view. Only 15% think their situation will get worse (12% a little worse, 3% a lot worse), while 19% volunteer that they think it will stay about the same.
The wealthiest Americans are among the most optimistic about their economic prospects over the coming year (74% of those with household incomes of $100,000 or greater say excellent or good), but even among those with household incomes of $20,000 or less, a narrow majority (52%) believe their situation will improve.
Bush…In a Word
George W. Bush’s job approval rating stands at 33% in the current survey, virtually unchanged from a month ago. The general dissatisfaction with the president also is reflected in the single-word descriptions that people use to describe their impression of the president. While the public has consistently offered a mix of positive and negative terms to describe Bush, the tone of the words used turned more negative in early 2006 and remains the case today. In the current survey, nearly half (47%) describe Bush in negative terms, such as “arrogant,” “idiot,” and “ignorant.” Just 27% use words that are clearly positive, such as “honest,” “good,” “integrity,” and “leader.”
As was the case a year ago, the word mentioned more frequently than any other is “incompetent.” By comparison, from 2000 through 2005 “honest” was the word most frequently volunteered description of the president. Even among the positive words used there has been a decided change in tone over the years. Superlatives such as “excellent” or “great” were relatively frequent in the early years of Bush’s presidency, but are offered less frequently today.
Next: About this Survey Next Page → ← Prev Page
February 2007 Political Survey Dataset
About this Survey
Democrats Hold Solid Lead; Strong Anti-Incumbent, Anti-Bush Mood
Bush and Public Opinion
PublicationsAug 17, 2006
American Attitudes Hold Steady in Face of Foreign Crises
PublicationsJul 26, 2006
Americans’ Support for Israel Unchanged by Recent Hostilities
PublicationsJun 20, 2006
Iraq Views Improve, Small Bounce for Bush
Wars and International Conflicts
National Economy
Political Issue Priorities
Presidential Approval
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BBC admits working time error and repays thousands to employees
By dan thomas on 23 Sep 2005 in Employment law, Latest News, Pay & benefits, Holidays and holiday pay, Working Time Regulations
About 11,000 BBC employees received back pay they did not expect in their September pay packets, after the corporation discovered it may have been breaching employment laws on holiday pay.
Some staff have gained as much as £3,000 to £4,000 on top of their normal pay, according to the Guardian.
The BBC decided to pay up after a staff member stumbled across the fact that for the past seven years it has not been calculating holiday pay properly.
Thousands of journalists, technical staff and others who receive extra money for working unsocial hours should have been getting slightly more holiday pay to reflect these payments. The BBC may have unwittingly been in breach of EU working time regulations.
It is making a retrospective payment to all affected staff, taking into account all night shift, Christmas and “extra responsibility reward” payments going back to October 1998, when the laws were introduced.
The BBC said: “Although this is a technical matter relating to the application of the working time regulations, the BBC is, of course, required to meet its legal obligations.”
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Home » Magazine » National » Damned Temples
Damned Temples
Big dams have guzzled huge amounts of money but have failed their objective miserably
Rajesh Joshi 15 May 2000
Rajesh Joshi May 15, 2000 00:00 IST Damned Temples
Its clearly a case of fallen idols. Pandit Jawaharlal Nehrus "temples of modern India" have failed to deliver and the old faithfuls now have to contend with a new, young band of sceptics. As the debate over large dams versus traditional methods of water harvesting continues, the rosy picture painted by the architects of these temples is gradually losing its colour. A cursory look at the report card of some of Indias major and medium irrigation projects reveals that despite their ever-burgeoning project cost, they have miserably failed to achieve their projected potential. Data obtained by Outlook from the ministry of water resources show that in certain cases, some of these dams and canals dont irrigate even an inch of land.
The reasons for this may vary from lack of infrastructure and funds to peoples resistance. But the end result is clearly disappointing. Sources in the ministry of water resources say that in some cases the project is ready but is not being used to its full capacity due to the lack of an efficient canal network. With each passing year the cumulative cost of the project spirals up, running into hundreds of crore of rupees without any apparent benefit.
In this light, the argument of the inevitability of big dams like the Sardar Sarovar Project (SSP) or the Tehri dam comes under sharp scrutiny. The anti-dam lobby argues that when the created potential (what is meant to be achieved) of already existing projects is becoming hard to achieve, what is the guarantee that the hopes being raised by the proponents of big dams will not prove to be a farce. Says Himanshu Thakkar of the South Asia Network on Dam, Rivers and People: "They have created the projects but they have not been able to utilise their full potential."
The pro-SSP lobby, or for that matter even the Gujarat government, has been maintaining that big dams have become inevitable. The fact that what the existing projects actually achieve is far less than the projected potential (see infographic on page 29) provides a solid ground to the anti-big dam lobby which says mega projects eventually turn out to be white elephants.
Nirmal Sengupta of the Madras Institute for Development Studies has conducted a comprehensive study of the potential utilisation of major irrigation projects. In his study, prepared for the World Commission on Dams (WCD), Sengupta observed: "As per the irrigation department data, 13.7 per cent of created potential in major and medium irrigation projects in India is unutilised. According to the land use statistics collected by the revenue department, underutilisation is about 25 per cent."
Sengupta claims that if the full potential of the existing major/ medium projects is used, at least 40,52,000 hectares of land may be brought under irrigation. Another 40,29,000 hectares can be irrigated by using the full potential of minor projects.
But some figures present a depressing scenario. Work on the Jamrani dam in Nainital district of Uttar Pradesh began in 1975 with an estimated cost of Rs 61.25 crore. The project was supposed to irrigate 66,000 hectares of land. But 25 years later-and with the upgraded cost estimate of Rs 280 crore-the achieved potential is only 21,000 hectares. The Gosikhurd project in Maharashtra began two decades ago with an estimated cost of Rs 461.11 crore. It had the projected irrigation potential of 2,50,800 hectares. In the eighth plan the cumulative cost of the project has increased by five times. Achieved potential: zilch.
Similarly in Madhya Pradesh, the Rajghat II project began in 1975 with the project irrigation capacity of 1,16,600 hectares. Twenty-five years later the cost went up from Rs 309.21 crore to Rs 523.41 crore. But the achieved potential remained only 9,000 hectares. Subarnarekha in Bihar (Rs 1,428 crore) had the projected potential of 236.85 hectares when it was conceived around 1975. In the last 25 years the cost of the project and its upgradation has gone up to Rs 2,376 crore but it has also failed to achieve the projected target.
Even more striking is the attitude of the state governments who have an interest in not declaring a project complete. Once a project is over, the Planning Commission stops funding it. Therefore, in some instances the state governments declare their projects as ongoing so that the inflow of funds from the Centre, needed for the maintenance of the completed project, doesnt stop. The most telling example probably is the Nagarjuna Sagar dam in Andhra Pradesh. This project began in the late 1950s and was estimated to cost Rs 91.12 crore. Four decades down the line its still on even though it has more or less achieved its ultimate potential of irrigating 895.28 thousand hectares of land. The latest add-up cost has run into Rs 1,000 crore.
Thakkar says that the solution doesnt lie in large dams. According to him, the poor maintenance of the dams also affects their potential adversely. It is a known fact that some of the dams have collected huge amounts of silt resulting in less quantity of stored water. According to reports, a 38-foot high dam in Gujarat has 28 feet of silt. That means a dam which has the capacity of storing 38 feet of water holds only 10 feet water. The project irrigation capacity will naturally go down.
The question that begs an answer, therefore, is: what is the rationale of going in for mega projects for the development of agriculture when the already existing projects are lagging far behind in achieving their projected objective? As the country reels under one of its worst droughts, the question becomes even more important. Rosy pictures dont really make reality any less harsh.
Rajesh Joshi National
Next Story : View From The Centre
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Some Big Incomplete Irrigation Projects
Only 2100 Per Match! That's What Kapil Dev's Cricket World Champions Got In 1983
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Ireland resident sentenced for possessing child porn in Philly
By Daniel Craig
Child Pornography Sentencing
File Art/.
An Ireland native was sentenced to prison Tuesday for possessing child pornography while in Philadelphia.
According to the U.S. Attorney's office, 50-year-old Peter Douglas McGarry pleaded guilty in April to possessing images of prepubescent minors engaged in sexually explicit contact on a Microsoft file hosting service.
He also admitted to visiting websites that displayed images of child pornography during the fall of 2014.
In addition, prosecutors say Internet records of his Gmail account showed that McGarry had accessed child exploitation pictures during the same time period.
According to authorities, he was in Philadelphia when he committed the crimes.
McGarry has been sentenced to 47 months in prison with five years of supervised release and will have to pay a $1,000 fine and a $600 special assessment.
The judge also ordered the forfeiture his cell phone and computer.
Read more Child Pornography Sentencing Philadelphia Ireland
Breakthrough PTSD treatment using party drug MDMA coming soon to Philly region
Here are 16 different versions of salads, ranked from worst to best
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You are here: Home › News › Press Releases › Archive › 2008
Why so much water runs down the rivers
10/22/2008 - Humans are increasingly altering the amount of water that runs from the land to the sea or inland waters. Calculations with a global vegetation and hydrology model indicate that precipitation had the largest impact on global river discharge over the 20th century. Regionally, however, discharge varied according to factors such as land use change and irrigation practices, temperature, and the concentration of the greenhouse gas carbon dioxide (CO2), researchers from the Potsdam Institute for Climate Impact Research (PIK) report in the journal “Geophysical Research Letters”. The impact of these mainly anthropogenically driven factors on discharge and the availability of water for human use is expected to grow in the future.
Why so much water runs down the rivers - Read More…
Good Prospects for Eastern Germany’s Agriculture
09/16/2008 – More than most other economic sectors agriculture depends on climatic conditions. On behalf of the German Bodenverwertungs- und -verwaltungs GmbH (BVVG), researchers from the Potsdam Institute for Climate Impact Research (PIK) have analysed the effects of climate change on Eastern Germany’s agriculture. The risk of Eastern Germany’s acreage losing in value is low, Frank Wechsung said at a press conference held by the BVVG in Berlin last Friday. Negative impacts of climate change could be countered by appropriate adaptation measures and crop yields could even be raised.
Good Prospects for Eastern Germany’s Agriculture - Read More…
Ottmar Edenhofer takes on chairmanship within IPCC
09/04/2008 - Ottmar Edenhofer was appointed as joint chair of Working Group 3 at the Twenty-Ninth Session of the Intergovernmental Panel on Climate Change (IPCC) in Geneva, Switzerland. The deputy director and chief economist of the Potsdam Institute for Climate Impact Research (PIK) and Professor of the Economics of Climate Change at the Berlin Institute of Technology will be co-chairing the Working Group “Mitigation of Climate Change” with Ramón Pichs Madruga from Cuba and Youba Sokona from Mali. In the next seven years the co-chairs will map out strategies for solutions in climate and energy issues and lay out the groundwork for worldwide emissions trading.
Ottmar Edenhofer takes on chairmanship within IPCC - Read More…
Future tipping points in the climate could be unveiled
09/01/2008 - Past events of abrupt climatic change were preceded by characteristic symptoms that may also indicate future abrupt changes induced by global warming.
Future tipping points in the climate could be unveiled - Read More…
Climate change threatens one in five plant species
08/07/2008 - Climate change alters growing conditions in many regions of the world. How global warming could affect Germany’s flora researchers have now simulated using computer models.
Climate change threatens one in five plant species - Read More…
Protecting climate is protecting biodiversity
05/16/2008 - Climatic change is endangering Earth’s biodiversity, the natural variety of plants and animals. Ahead of the upcoming conference of the parties of the UN Convention on Biodiversity, researchers of the Potsdam Institute for Climate Impact Research (PIK) point out that climate protection and protection of biodiversity are closely related. Implementing the UN Framework Convention on Climate Change is a precondition to conserve many ecosystems and their functionality for human society. To protect biodiversity facilitates adaptation to climatic change, aids mitigation of climate impacts and generally maintains a broader scope of ecosystem-related policies.
Protecting climate is protecting biodiversity - Read More…
Six companies start Product Carbon Footprint pilot scheme in Germany
04/15/2008 - Supported by WWF, Öko-Institut Freiburg, Potsdam Institute for Climate Impact Research, and THEMA1 today six companies start a joint pilot scheme in Berlin. For selected products they will assess emissions of CO2 and other greenhouse gases, so called Product Carbon Footprints (PCF).
Six companies start Product Carbon Footprint pilot scheme in Germany - Read More…
Ministry of Environment of Rhineland-Palatinate and PIK initiate research collaboration
04/03/2008 - The Potsdam Institute and the Ministry of Environment, Forest and Consumer Protection of the German federal state Rhineland-Palatinate are co-operation partners. The state’s Environment Minister and PIK director Hans Joachim Schellnhuber signed today an agreement for an open-ended collaboration. The first joint research activity is a project about climate change and its impacts on landscapes in Rhineland-Palatinate – “KlimLandRP”.
Ministry of Environment of Rhineland-Palatinate and PIK initiate research collaboration - Read More…
Tipping elements in the Earth's climate system
02/05/2008 - Anthropogenic forcing could push the Earth’s climate system past critical thresholds, so that important components may “tip” into qualitatively different modes of operation. In the renowned magazine PNAS (online-edition) an international team of researchers describes, where small changes can have large long-term consequences on human and ecological systems.
Tipping elements in the Earth's climate system - Read More…
21st century water management: Calculating with the unknown
02/01/2008 - Climate change is making a central assumption of water management obsolete: Water-resource risk assessment and planning are currently based on the notion that factors such as precipitation and streamflow fluctuate within an unchanging envelope of variability. But anthropogenic change of Earth’s climate is altering the means and extremes of these factors so that this paradigm of stationarity no longer applies, researchers report in the latest issue of “Science”.
21st century water management: Calculating with the unknown - Read More…
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RRD's Q2 Sales Decline; Spinoffs of LSC, Donnelley Financial Solutions on Track
CHICAGO — August 3, 2016 — RR Donnelley & Sons Company (RRD) today reported financial results for the second quarter of 2016.
"We are pleased with the second-quarter improvement in revenue trends, reflective of new customer wins and a modest improvement in capital markets activity. We expect these improving trends, in conjunction with our continuing cost management efforts, to continue to have a positive impact during the second half of the year," says Thomas J. Quinlan III, RR Donnelley's president and CEO.
Quinlan continues, "We are finalizing the spinoffs of LSC Communications and Donnelley Financial Solutions, both of which remain on track to be completed in October."
Net sales in the quarter were $2.7 billion, down $18.4 million, or 0.7%, from the second quarter of 2015. After adjusting for the impact of acquisitions and dispositions, as well as changes in foreign exchange rates and pass-through paper sales, organic sales decreased 1.6% from the second quarter of 2015, as an increase in the Strategic Services segment only partially offset declines in the Variable Print, International and Publishing and Retail Services segments.
GAAP Earnings
Second-quarter 2016 net loss attributable to common shareholders was $14.5 million, or $0.07 per diluted share, compared to net earnings attributable to common shareholders of $43.5 million, or $0.21 per diluted share, in the second quarter of 2015. The second-quarter net earnings attributable to common shareholders included pre-tax charges of $130.3 million and $50.9 million in 2016 and 2015, respectively, all of which are excluded from the presentation of non-GAAP net earnings attributable to common shareholders.
Non-GAAP Earnings
Non-GAAP adjusted EBITDA in the second quarter of 2016 was $286.7 million, or 10.5% of net sales, compared to $309.2 million, or 11.3% of net sales, in the second quarter of 2015. The decrease in the non-GAAP adjusted EBITDA was primarily due to price pressure in all four operating segments, which also negatively impacted margin.
Non-GAAP net earnings attributable to common shareholders totaled $71.1 million, or $0.34 per diluted share, in the second quarter of 2016 compared to $83.6 million, or $0.41 per diluted share, in the second quarter of 2015.
2016 Guidance
The Company provides the following updated full-year guidance for 2016, which excludes the impact of the previously announced pending spinoff transactions:
(Click on chart to enlarge)
Certain components of the guidance given in the table above are provided on a non-GAAP basis only, without providing a reconciliation to guidance provided on a GAAP basis. Information is presented in this manner, consistent with SEC rules, because the preparation of such a reconciliation could not be accomplished without "unreasonable efforts."
The Company does not have access to certain information that would be necessary to provide such a reconciliation, including non-recurring items that are not indicative of the Company's ongoing operations. Such items include, but are not limited to, restructuring charges, impairment charges, spinoff-related transaction expenses, pension settlement charges, acquisition-related expenses, gains or losses on investments and business disposals, losses on debt extinguishment and other similar gains or losses not reflective of the Company's ongoing operations.
The Company does not believe that this information is likely to be significant to an assessment of the Company's ongoing operations, given that it is not an indicator of business performance.
About RR Donnelley
RR Donnelley (Nasdaq:RRD) helps organizations communicate more effectively by working to create, manage, produce, distribute and process content on behalf of our customers. The Company assists customers in developing and executing multichannel communication strategies that engage audiences, reduce costs, drive revenues and increase compliance. RR Donnelley's innovative technologies enhance digital and print communications to deliver integrated messages across multiple media to highly targeted audiences at optimal times for clients in virtually every private and public sector. Strategically located operations provide local service and responsiveness while leveraging the economic, geographic and technological advantages of a global organization.
For more information, and for RR Donnelley's Global Social Responsibility Report, visit the Company's website at www.rrdonnelley.com.
Source: RR Donnelley.
RR Donnelley
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Court hands Trump victory in lawsuit by campaign rally protesters
By JOSH GERSTEIN
Updated 09/11/2018 04:00 PM EDT
President Donald Trump speaks as a candidate during a rally in Louisville, Kentucky in March 2016. | John Bazemore/AP Photo
A federal appeals court on Tuesday shot down a lawsuit against President Donald Trump over alleged abuse protesters say they received at a campaign rally in 2016 after he repeatedly urged the crowd to "get 'em out of here."
Two of the three judges on the appellate panel said Trump's call to oust the demonstrators was protected by the First Amendment because he did not explicitly call for anyone to do something illegal.
"In the ears of some supporters, Trump’s words may have had a tendency to elicit a physical response, in the event a disruptive protester refused to leave, but they did not specifically advocate such a response," Judge David McKeague wrote in an opinion joined by Judge Richard Griffin. "As to how the offensive words were said, we know, most relevantly, by plaintiffs’ own allegations, that the words were accompanied by the admonition, 'don’t hurt ’em.' That this undercuts the alleged violence-inciting sense of Trump’s words can hardly be denied."
McKeague said Trump was protected by a 2015 ruling in which the 6th Circuit held that a Christian evangelical group's anti-Muslim protest was constitutionally protected even though it seemed likely to provoke an angry reaction from attendees at an Arab festival in Detroit.
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"The same can be said of Trump’s speech in this case: not a single word encouraged violence or lawlessness, explicitly or implicitly," the judge wrote. "It follows that if Trump’s speech is protected — because it, like that of the Bible Believers, did not include a single word encouraging violence — then the fact that audience members reacted by using force does not transform Trump’s protected speech into unprotected speech. The reaction of listeners does not alter the otherwise protected nature of speech."
Protesters Henry Brousseau, Kashiya Nwanguma and Molly Shah filed suit a month after the Louisville rally, naming as defendants Trump and three supporters in attendance, including the leader of a white supremacist group. The trio says they were roughly ejected from the rally by Trump supporters after the then-candidate called for them to be kicked out.
One of the Trump supporters who was captured on video pushing Nwanguma said in his own filing that he was acting "in response to — and inspired by — Trump and/or the Trump Campaign’s urging to remove the protesters.”
However, Trump's lawyers said he was not ordering his supporters to take any action when he called out, "Get 'em out of here."
Greg Belzley, a lawyer for the protesters who sued, said they are likely to pursue the issue further, but he did not say whether that would involve a request for the full 6th Circuit to rehear the case or for the Supreme Court to take it up.
"I'm having a very difficult time understanding the Court's ruling — that unless the actual words objectively advocate violence completely detached from their context, it doesn't matter that the speaker intended to incite violence or that the same words have incited violence in the past," Belzley told POLITICO via email. "It is a frightening ruling even under the best of circumstances, but a license for a reckless authoritarian to stretch the limits. We anticipate seeking further review. The issues and the implications are simply too important."
McKeague's ruling acknowledged that a footnote in the court's 2015 decision appeared to leave the door open to claims against speech that "implicitly" called for violence, but the court's majority insisted Trump had not done so.
The third judge on the panel, Helene White, said the court should not have opined on the constitutional issue because the fact that Trump's comments did not amount to incitement to riot under Kentucky law was enough to dismiss the case. She was also mildly critical of her colleagues' ruling.
"The majority opinion elides salient details of Trump’s speech that make this a closer case for me than for the majority and overemphasizes the legal significance of the 'don’t hurt ‘em' statement," White wrote.
In April 2017, U.S. District Court Judge David Hale ruled that it was "plausible" that Trump's statements amounted to a call to use force against the protesters. He said the case needed to proceed to determine his meaning and the impact of his words at that particular rally. "Context matters," the judge added in a later ruling.
Federal courts don't normally permit appeals at the initial stages of a case, but Hale agreed to do so last August and the 6th Circuit agreed to take up the case the following month.
In taking the case, the appeals court noted that the protesters were seeking "expansive discovery," including copies of Trump's tax returns. That was put on hold while the 6th Circuit considered the appeal.
McKeague, Griffin and White are appointees of President George W. Bush. Hale was appointed by President Barack Obama.
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Beware the wrath of the tax man
By Adam Bernstein, Monday 08 July 2019
It is unwise to irritate HMRC and, therefore, vital to know how the tax system works and how to avoid penalties Words Adam Bernstein Illustration Snowdon Fine Animation.
How would you react if the advice, following an HMRC investigation, was to wind up your business to pay a tax bill that, it transpired, was incorrectly levied? With horror no doubt.
That’s what happened in a case sent to the First-tier (tax) tribunal which was ruled upon in May. And when the ruling was handed down, HMRC didn’t come out smelling
of roses.
The circumstances were grim. A chain of beauty salons – Angel Beauty Parlour Limited – was the victim of excessively demanded tax that was based on a series of wildly incorrect assumptions. Further, HMRC gave such unclear instructions to the taxpayer about an appeal so as to almost deny it justice. Luckily, the tribunal ruled that the PAYE and National Insurance demanded (£528,056) and penalties (£369,639) were “unreasonable, even ludicrous”. Those in need of sleep can read more, searching for case reference TC07093.
For some, HMRC has lost all common sense. As Jason Piper, senior manager, Tax and Business Law at the ACCA, notes, HMRC historically “had a good public record at the tribunals. But alongside HMRC’s restructuring, every appeal decision is now reported, and one particular case hit the national press – a Polish electrician who’d lost his home was pursued by HMRC with penalties for failing to update his address while homeless. The case was thrown out by a judge who branded HMRC’s actions as ‘ridiculous’”.
At issue, says Piper, is that while HMRC’s systems are sensitive to anything out of the ordinary, “the staff actually running the enquires tend to be less experienced than was previously the case, and won’t have ‘local knowledge’ to help guide them to where the money is”. He knows of former tax inspectors who recall being trained by veterans to “recognise when an enquiry should be dropped because there’s either a clear explanation, or because the likelihood of tracking a genuine error is too small”.
But between the reorganisation of HMRC staff into regional hubs and the exodus of experienced investigators, much of that knowledge and pragmatism has been lost. Piper says: “An officer working a case often simply doesn’t have the commercial experience to recognise an unusual, but perfectly legitimate, structure or set of transactions, and being under pressure to maximise yields may be reluctant to drop a line of enquiry.”
This is illustrated by data from law firm Pinsent Masons. It found that HMRC’s tax investigations into large businesses are now taking more than three-and-a-half years to settle, reaching a record 43 months in 2018/19, up 10% from 39 months in 2017/18.
Of course, HMRC needs regimes in place that are backed by penalties.
Whether missing a deadline or deliberately seeking to evade tax, some penalties are automatic – self-assessment returns for example. HMRC issued 1.04 million late filing penalties for returns due for the 2014/15 tax year. There were another one million late filing penalties issued for tax returns due for the 2015/16 tax year. Even worse, it appears that in January (2019), an HMRC technical glitch led to some taxpayers receiving inaccurate payment reminders that led to the wrong amounts of tax being paid and a fine as a result.
Investigation prompts
Tax investigations start for one of two reasons – targeted intervention or a random enquiry. Piper says that “HMRC are understandably coy about the factors that prompt targeted investigations, but it is clear that they rely on technology and data analysis to select taxpayers for investigation”. He says those selected for enquiry will have triggered a risk flag.
Becky Maguire, corporate tax partner at BPIF partner, Garbutt + Elliott, echoes what Piper says, but adds that HMRC’s enquiries “can be connected to a wide range of factors – they may be specific to a taxpayer, for example a profitable business suddenly makes a large loss, or they may be a result of a wider HMRC industry review”. She can see why HMRC puts a lot of effort into risk-based assessments that are assisted by sophisticated software which pulls in information from a variety of sources – “this means it can target enquiries and investigations more specifically”. She says it is worth remembering, though, “that HMRC carries out a number of compliance checks every year where there isn’t necessarily any suspicion of wrongdoing.”
The natural response when handed a penalty is to offer an excuse. The problem for most is that their excuses just don’t carry any water. HMRC regularly publishes the most “popular” excuses it receives which, in January 2019, included “my mother-in-law was a witch and put a curse on me”, “I’m too short to reach the post box” and “my boiler had broken and my fingers were too cold to type”. None had any application.
HMRC believes that a taxpayer should be “a prudent person, exercising reasonable foresight and due diligence, having proper regard for their responsibilities under the Tax Acts”. It also expects every individual or business “to keep records that allow them to provide a complete and accurate return… and check with their agent, or HMRC, to confirm the correct position.”
Reasonable or not?
So, what is a “reasonable excuse”? Guidance from HMRC allows for a number, including a taxpayer’s close relative or domestic partner passing away or falling ill around the time they should have filed their return or paid tax; and unforeseen events which can include delays due to industrial action or returns and payments being lost in the post.
As to what might not, or will rarely, be considered reasonable, HMRC says these include a deliberate failure to submit a tax return on time; insufficient funds – but not if the shortage could not have been reasonably foreseen by the taxpayer, or the lack of funds is down to something outside of their control – the lockdown at TSB bank in April 2018 would probably count; or reliance on someone else unless it can be shown that the taxpayer took “reasonable care” to avoid the compliance failure – hiring a professional accountant as opposed to a family friend, for example.
Pre-empt an inquiry
Where intervention is likely, Piper’s suggestion is to “always take advice before engaging with HMRC as there have been too many reported cases where taxpayers would have been wrong to rely on HMRC’s interpretation or application of the law.” He adds that a firm’s accountant “may have the detailed knowledge of tax enquiries to assist directly, or they might want to refer the case to a specialist firm; either way, talk to them first and don’t hold anything back”.
Maguire takes a similar tack. She says: “It is never worth burying your head in the sand about errors. Apart from getting peace of mind, HMRC also takes into account that taxpayers have voluntarily come forward when it considers penalty calculations.”
Alex Millar, a senior VAT consultant and one of Maguire’s colleagues, explains that “the current penalty regime is designed to encourage businesses to disclose errors to HMRC before it discovers them.” He says that the process requires telling HMRC about the errors, helping it quantify the tax relating to the errors, and allowing HMRC to access records for the purpose of ensuring the errors have been corrected. Millar continues: “But in order to benefit from full penalty mitigation, the disclosure must be unprompted, which means it must be made at a time when there is no reason to believe that HMRC has discovered the errors or is about to discover them.”
Clearly, a voluntary disclosure will always be better than waiting for HMRC to find the problem – but it must be done carefully and correctly. Again, Piper says that expert advice is critical to make sure that “the declaration doesn’t prompt more questions than you’ve answered, while being ready to head off any other enquiries HMRC might think are linked to the initial disclosure”.
Maguire also says to involve an adviser early on: “They will be able to help you consider your case, build supporting evidence for the position you’ve taken and help you understand the strength of HMRC’s position.” She adds that the BPIF has a financial support partner that offers advice, support and solutions (via specialistservices@bpif.org.uk).
But advice costs and the smallest businesses may not be able to afford professional fees. Here, Piper says to consider tax charities such as LITRG, TaxAid, or Citizens Advice “who should be able to point you in the right direction”.
However, Piper says companies can also insure against investigation risk with fee protection insurance. In his view, “it should be considered as part of the suite of legal protection insurance that every business should invest in, alongside products such as directors’ and officers’ liability insurance.”
He’s seen the costs of defending against an HMRC enquiry, even where no tax is due, easily run into thousands, and tens of thousands if a complex appeal arises and says that “having that covered by insurance will make a huge difference to the stress of dealing with the investigation”.
But as Maguire says, this form of insurance is very much an individual decision for each taxpayer or business owner to make – its value “will depend on a number of factors including the frequency and length of tax enquiries, the complexity of the business, the overall risk and control environment within the business, and whether or not an adviser is being used”.
It is absolutely key to remember that the word “reasonable” can mean different things to HMRC and taxpayer; those in doubt should consider taking expert advice before fighting a losing case that will both drag out the inevitable and cause stress at the same time.
But to Maguire goes the last word. She reiterates that “HMRC is under increasing pressure to get results from investigations and enquiries to justify the resource it has committed. This, combined with an environment where HMRC is under increasing scrutiny, means that it is unlikely to be a soft touch when it comes to applying penalties to tax errors”.
Worryingly, she’s seen an increasing trend for HMRC to raise penalties where there are tax adjustments.
You have been warned.
Boxout: Avoid planning to fail
Tax compliance failures are easy to list and include late filing of tax returns, failure to submit a tax return, late payment of tax, failure to notify HMRC of a tax liability, and a failure to provide information and documents.
The actual penalty will depend on how convincing an excuse is and whether the taxpayer can show that “reasonable care” had been taken in complying with their obligations.
If errors arise with a tax return, HMRC will decide whether to impose a penalty, but they tend to follow on automatically precisely because the error was made. The penalty will be graded according to the degree of blame that lies with the taxpayer. HMRC uses three categories: “careless” – a maximum penalty of 30% of the missing tax; “deliberate but not concealed” – a maximum penalty of 70%; or “deliberate and concealed” – a penalty of 100% of the missing tax, more if the error is serious.
Penalties can be suspended by HMRC, in total or in part, for up to two years. This doesn’t happen often, and a taxpayer has to request it.
Where “deliberate” errors have been found, penalties cannot be suspended. What happens next depends on whether the error was disclosed by the taxpayer to HMRC and whether the disclosure was “prompted” (by, say, a visit) or “unprompted” (the taxpayer’s own accord).
In circumstances when taxpayers have taken “reasonable care” and have a “reasonable excuse”, HMRC may not impose penalties, but it will be up to the taxpayer to prove their case. “Reasonable care” and “reasonable excuse” are not defined by HMRC.
HMRC has the power, in certain circumstances, to provide a “special reduction” to remove a penalty entirely. These situations are considered on a case-by-case basis, and HMRC offers no real definition of what constitutes “special circumstances”. Another option open to HMRC is to “stay” a penalty – this effectively delays enforcement of a penalty.
Boxout: How to appeal a penalty
Appeal first to HMRC
For direct taxes such as Income Tax, Corporation Tax or National Insurance, an appeal will be handled by an HMRC officer not previously involved with the penalty decision. However, those wanting to appeal a penalty about “indirect tax” such as VAT or customs duty can either request a review by HMRC or appeal straight to the tax tribunal (also known as the First-tier Tribunal).
Penalties sent by post include an appeal form that should be completed and returned within 30 days. If no form was included, the taxpayer should write to their tax officer with their details, tax reference and an explanation for the error.
To appeal a Self-Assessment penalty, the tax return must have been submitted (or HMRC told it was not needed). An appeal must note the date the penalty was issued, date the tax return was filed and the excuse for the delay. Appeals for tax years from 2016 can be made online (but will need a Government Gateway account). Postal appeals require form SA370 (SA371 for partnerships).
A PAYE penalty is appealed online through HMRC’s PAYE for employers service, selecting “Appeal a penalty”.
Appeals involving a late VAT or Corporation Tax return require specific forms - WT2 for VAT if there’s a reasonable excuse, and Corporation Tax WT1 if the issue arose because of a computer problem (note the date of the failure and any system error messages).
It is important to appeal within 30 days of the date of the penalty notice, otherwise an explanation of why the deadline was missed will be required.
Disagreeing with HMRC’s review
There are two options for those wanting to take the matter further – refer the case to the tax tribunal within 30 days or send the case to alternative dispute resolution (ADR). ADR does not remove the right to take the matter through to appeal and can only be used when matters relating to information are involved. Disputes over the penalties themselves are outside of the ADR process.
Tax tribunals can hear appeals and are independent of government. It will hear direct tax appeals (such as Income Tax, PAYE, Corporation Tax, Sick Pay and Inheritance Tax), but only after HMRC has reviewed the penalty first. Indirect taxes such as VAT can be sent straight to the tribunal. There will be a time limit for the appeal which will be noted on the decision letter from HMRC. The tax will usually have to be paid before the appeal, but penalties can be paid after a hearing. It’s possible to seek a “closure notice” in relation to direct taxes to halt HMRC investigations.
The actual appeal to the tax tribunal is made online or by post using form T240.
Not all cases involve a hearing, but 14 days’ notice will be given if one is to be held. The hearing is public and requires all papers including letters, invoices, accounts, HMRC decision letter and response. Each side may receive a bundle of documents from the other, and each can take representation and witnesses.
A taxpayer who loses at the tax tribunal may seek to appeal further if there was an error in the law being applied or can have the decision “set aside” (cancelled) if there was a procedural error. There are time limits – 28 days to seek full written reasons for the decision and 56 days to ask to appeal further. If permission to appeal has been refused, it is still possible to appeal to the Upper Tribunal (but only be granted on limited grounds).
More details are available on the gov.uk website.
Boxout: Deliberate tax defaulters
Once a quarter, HMRC publishes a list of those taxpayers who have been caught out deliberately defaulting on their tax paying obligations .
On a previous list, published mid-March, is Prism Perceptions Ltd, formerly of Bromsgrove, who between May 2012 and July 2015 defaulted on £69,660 and was given a penalty of £30,476; and Harun Miah – a print and copy shop – formerly of Northampton, who was given a penalty of £54,373 for defaulting on £74,997 between August 2010 and January 2015.
On the list published in June was Sterte Print Limited of Wimbourne and formerly Poole, an online printer, which was handed a penalty of £18,721 on tax defaulted of £39,622. The default occurred between May and November 2017.
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Explore privacy research
The Deep Packet Inspection (DPI) essay project
How does society reconcile the technological benefits and privacy impacts of new technology? Deep packet inspection is just one seemingly neutral technological application that can have a significant impact on privacy rights and other basic civil liberties, especially as market forces, the enthusiasm of technologists and the influence of national security interests grow stronger.
In the summer and fall of 2008, the Office of the Privacy Commissioner of Canada contacted leading academics and professionals working in telecommunications, law, privacy, civil liberties and computer science to ask if they would contribute a short essay on DPI to a project tor create a resource on deep packet inspection. The project was intended to advance our Office’s understanding about a technology that has application in network traffic management, behavioural advertising, and law enforcement, and help Canadians understand the impact of just one component of the technology that underlies our networked society.
The papers submitted by these academics, lawyers, researchers, activists and industry professionals can be found in the Explore privacy research section of our website. We value the time they invested in preparing their essays, and we hope that it will encourage further discussion around deep packet inspection and similar technologies.
OPC Submissions to the Canadian Radio-television and Telecommunication Commission (CRTC) about the privacy implications about the potential uses of Deep Packet Inspection (DPI):
Final Reply Submission from the Office of the Privacy Commissioner of Canada
Review of the Internet traffic management practices of Internet service providers
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Planning Act, R.S.O. 1990, c. P.13
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O. Reg. 385/04 TRANSITIONAL PROVISIONS UNDER SECTION 70.4 OF THE ACT: CONTINUATION AND DISPOSITION OF MATTERS AND PROCEEDINGS
O. Reg. 154/03 ZONING AREA - REGIONAL MUNICIPALITY OF DURHAM, PART OF THE CITY OF PICKERING
O. Reg. 354/02 CONSENT GRANTING AUTHORITY
O. Reg. 353/02 APPROVAL AUTHORITY - PLANS OF SUBDIVISION
O. Reg. 352/02 MANDATORY ADOPTION OF OFFICIAL PLANS
O. Reg. 211/02 DEEMING ORDER (MUNICIPALITY OF TEMAGAMI)
O. Reg. 16/02 DELEGATION OF AUTHORITY - MUNICIPALITY OF TEMAGAMI
O. Reg. 516/01 ZONING AREAS - TOWN OF MARKHAM, REGIONAL MUNICIPALITY OF YORK
O. Reg. 420/01 DELEGATION OF AUTHORITY - AMENDMENTS TO OFFICIAL PLANS - COUNTY OF BRUCE
O. Reg. 419/01 DELEGATION OF AUTHORITY - CONDOMINIUM DESCRIPTIONS - TOWN OF ST. MARYS
O. Reg. 418/01 DELEGATION OF AUTHORITY - PARRY SOUND AREA PLANNING BOARD
O. Reg. 417/01 DELEGATION OF AUTHORITY TO APPROVE PLANS OF SUBDIVISION - HALDIMAND COUNTY, NORFOLK COUNTY, BARRIE, KENORA AND TIMMINS
O. Reg. 262/01 DELEGATION OF AUTHORITY - MUNICIPALITY OF GREENSTONE
O. Reg. 73/01 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF DURHAM AND THE TOWN OF WHITBY, CITY OF OSHAWA AND TOWN OF AJAX
O. Reg. 72/01 DELEGATION OF AUTHORITY - TOWN OF BLIND RIVER
O. Reg. 44/01 DELEGATION OF AUTHORITY - TOWN OF PORT HOPE AND HOPE
O. Reg. 41/01 DELEGATION OF AUTHORITY - MUNICIPALITY OF CAMPBELLFORD/SEYMOUR, PERCY, HASTINGS
O. Reg. 572/00 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF YORK AND TOWN OF WHITCHURCH-STOUFFVILLE
O. Reg. 543/00 DELEGATION OF AUTHORITY - UNITED COUNTIES OF PRESCOTT AND RUSSELL
O. Reg. 477/00 DELEGATION OF MINISTER'S AUTHORITY - FRONTENAC MANAGEMENT BOARD
O. Reg. 451/00 ZONING ORDER - TOWN OF INNISFIL
O. Reg. 404/00 DELEGATION OF AUTHORITY - COUNTY OF LANARK
O. Reg. 341/00 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF WATERLOO
O. Reg. 221/00 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF NIAGARA
O. Reg. 104/00 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - MUNICIPALITY OF CHATHAM-KENT (DRESDEN RACEWAY)
O. Reg. 528/99 DELEGATION OF AUTHORITY - TOWN OF FORT FRANCES
O. Reg. 525/99 DELEGATION OF AUTHORITY - COUNTY OF SIMCOE
O. Reg. 513/99 DELEGATION OF AUTHORITY - TOWN OF ORANGEVILLE
O. Reg. 485/99 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF NIAGARA AND VARIOUS LOCAL MUNICIPALITIES
O. Reg. 412/99 DELEGATION OF AUTHORITY - SUDBURY EAST PLANNING BOARD
O. Reg. 356/99 DELEGATION OF AUTHORITY - VARIOUS MUNICIPALITIES (APPLICATIONS MADE BEFORE JUNE 15, 1999)
O. Reg. 355/99 DELEGATION OF AUTHORITY - VARIOUS MUNICIPALITIES
O. Reg. 306/99 DEEMING ORDER - SAULT STE. MARIE NORTH PLANNING BOARD
O. Reg. 229/99 DELEGATION OF AUTHORITY - TOWNSHIP OF SABLES-SPANISH RIVERS
O. Reg. 228/99 DELEGATION OF AUTHORITY - BRUCE MINES, MOONBEAM, THE NORTH SHORE
O. Reg. 227/99 DELEGATION OF AUTHORITY - CHISHOLM, MOONBEAM, THE NORTH SHORE
O. Reg. 205/99 DELEGATION OF AUTHORITY - MUNICIPALITY OF WEST NIPISSING
O. Reg. 45/99 ZONING AREAS - TERRITORIAL DISTRICT OF TIMISKAMING, PART OF THE GEOGRAPHIC TOWNSHIP OF SHARPE
O. Reg. 699/98 ORDER UNDER SUBSECTION 17 (10) OF THE ACT
O. Reg. 698/98 DELEGATION OF AUTHORITY - PLANNING BOARDS
O. Reg. 697/98 DELEGATION OF AUTHORITY - PLANNING BOARDS - ARCHIPELAGO AREA AND HIMSWORTH SOUTH, NIPISSING, POWASSAN, TROUT CREEK
O. Reg. 694/98 DELEGATION OF AUTHORITY - TOWN OF ESPANOLA
O. Reg. 693/98 DELEGATION OF AUTHORITY - TOWNSHIP OF BLACK RIVER-MATHESON
O. Reg. 692/98 DELEGATION OF AUTHORITY - VARIOUS NORTHERN MUNICIPALITIES (APPLICATIONS MADE BEFORE DECEMBER 21, 1998)
O. Reg. 691/98 DELEGATION OF AUTHORITY - VARIOUS NORTHERN MUNICIPALITIES
O. Reg. 689/98 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - CITY OF WINDSOR (WINDSOR RACEWAY)
O. Reg. 688/98 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - CITY OF TORONTO (WOODBINE RACEWAY)
O. Reg. 686/98 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - TOWN OF RAYSIDE-BALFOUR (SUDBURY DOWNS RACEWAY)
O. Reg. 685/98 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - TOWN OF MILTON (MOHAWK RACEWAY)
O. Reg. 683/98 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - TOWN OF HANOVER (HANOVER RACEWAY)
O. Reg. 681/98 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - TOWN OF FORT ERIE (FORT ERIE RACE TRACK)
O. Reg. 680/98 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - TOWN OF FLAMBOROUGH (FLAMBOROUGH DOWNS RACEWAY)
O. Reg. 678/98 ZONING ORDER FOR SLOT MACHINES AT RACE TRACKS - TOWNSHIP OF CAVAN-MILLBROOK-NORTH MONAGHAN (KAWARTHA DOWNS RACEWAY)
O. Reg. 661/98 DELEGATION OF AUTHORITY - COUNTY OF BRANT
O. Reg. 660/98 DELEGATION OF AUTHORITY - CITY OF BRANTFORD
O. Reg. 659/98 WITHDRAWAL OF DELEGATION OF AUTHORITY - CITY OF BRANTFORD
O. Reg. 623/98 DELEGATION OF AUTHORITY - BRUCE COUNTY
O. Reg. 572/98 DEEMING ORDER - GERALDTON AND SUBURBAN PLANNING BOARD
O. Reg. 521/98 DELEGATION OF AUTHORITY - STORMONT, DUNDAS AND GLENGARRY
O. Reg. 520/98 DELEGATION OF AUTHORITY - TOWNSHIP OF LOYALIST
O. Reg. 519/98 DELEGATION OF AUTHORITY - TOWN OF GREATER NAPANEE
O. Reg. 518/98 DELEGATION OF AUTHORITY - GREY COUNTY
O. Reg. 517/98 DELEGATION OF AUTHORITY - LEEDS AND GRENVILLE
O. Reg. 515/98 DELEGATION OF AUTHORITY - WELLINGTON COUNTY
O. Reg. 514/98 DELEGATION OF AUTHORITY - SMITHS FALLS
O. Reg. 513/98 DELEGATION OF AUTHORITY - MUNICIPALITY OF RED LAKE
O. Reg. 502/98 DELEGATION OF AUTHORITY - ST. MARYS, GANANOQUE, PRESCOTT
O. Reg. 501/98 DELEGATION OF AUTHORITY - DESBARATS TO ECHO BAY PLANNING BOARD
O. Reg. 343/98 DELEGATION OF AUTHORITY TO VICTORIA COUNTY AND PETERBOROUGH COUNTY - OFFICIAL PLANS AND AMENDMENTS
O. Reg. 342/98 DELEGATION OF AUTHORITY - PERTH COUNTY AND MIDDLESEX COUNTY
O. Reg. 341/98 DELEGATION OF AUTHORITY - TOWNSHIP OF MONO
O. Reg. 338/98 DELEGATION OF AUTHORITY - EAST NIPISSING PLANNING BOARD
O. Reg. 252/98 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF YORK AND THE TOWN OF NEWMARKET
O. Reg. 238/98 DELEGATION OF AUTHORITY - LAKEHEAD RURAL PLANNING BOARD AND THE MUNICIPALITY OF NEEBING
O. Reg. 188/98 DELEGATION OF AUTHORITY OF MINISTER TO LAMBTON COUNTY (OFFICIAL PLANS)
O. Reg. 161/98 DEEMING ORDER (LAKEHEAD RURAL PLANNING BOARD)
O. Reg. 73/98 ZONING AREAS - TOWNSHIP OF KING, REGIONAL MUNICIPALITY OF YORK
O. Reg. 72/98 DELEGATION OF AUTHORITY - TOWN OF COBOURG
O. Reg. 24/98 DELEGATION OF AUTHORITY OF MINISTER TO THE REGIONAL MUNICIPALITY OF PEEL
O. Reg. 532/97 DELEGATION OF AUTHORITY TO MUNICIPALITY OF CHATHAM-KENT
O. Reg. 529/97 DELEGATION OF AUTHORITY (TOWNSHIP OF AMELIASBURGH)
O. Reg. 528/97 DELEGATION OF AUTHORITY (TOWNSHIP OF SIDNEY, TOWNSHIP OF MURRAY AND VILLAGE OF FRANKFORD)
O. Reg. 527/97 WITHDRAWAL OF DELEGATED AUTHORITY (QUINTE-EAST NORTHUMBERLAND MUNICIPAL PLANNING AUTHORITY)
O. Reg. 525/97 EXEMPTION FROM APPROVAL (OFFICIAL PLAN AMENDMENTS)
O. Reg. 354/97 ZONING AREAS - TERRITORIAL DISTRICT OF NIPISSING, GEOGRAPHIC TOWNSHIPS OF THISTLE AND MCLAREN
O. Reg. 353/97 ZONING AREAS - TERRITORIAL DISTRICT OF NIPISSING, GEOGRAPHIC TOWNSHIPS OF HOBBS, MCCALLUM AND PARDO
O. Reg. 297/97 NOTICE REQUIREMENTS FOR DELEGATIONS OF AUTHORITY
O. Reg. 235/97 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF PEEL
O. Reg. 217/97 DELEGATION OF AUTHORITY OF MINISTER TO COUNTY OF RENFREW
O. Reg. 178/97 DELEGATION OF AUTHORITY OF MINISTER TO GIVE CONSENTS UNDER SECTION 53 OF THE ACT
O. Reg. 176/97 DELEGATION OF AUTHORITY OF MINISTER TO REGIONAL MUNICIPALITIES: OFFICIAL PLANS AND AMENDMENTS
O. Reg. 175/97 DELEGATION OF AUTHORITY OF MINISTER TO APPROVE PLANS OF SUBDIVISION AND CONDOMINIUM DESCRIPTIONS
O. Reg. 153/97 DEEMING ORDER (SUDBURY EAST PLANNING BOARD)
O. Reg. 42/97 DEEMING ORDER (BLIND RIVER AND SUBURBAN PLANNING BOARD)
O. Reg. 41/97 DEEMING ORDER (WEST NIPISSING PLANNING BOARD)
O. Reg. 40/97 DEEMING ORDER (ESPANOLA AND AREA PLANNING BOARD)
O. Reg. 37/97 DELEGATION OF AUTHORITY OF MINISTER TO CITY OF ORILLIA
O. Reg. 36/97 DELEGATION OF AUTHORITY OF MINISTER TO CITY OF BARRIE
O. Reg. 5/97 DELEGATION OF AUTHORITY OF MINISTER: QUINTE-EAST NORTHUMBERLAND MUNICIPAL PLANNING AUTHORITY
O. Reg. 4/97 WITHDRAWAL AND DELEGATION OF AUTHORITY: COUNTIES OF HASTINGS AND PRINCE EDWARD AND THE QUINTE-EAST NORTHUMBERLAND MUNICIPAL PLANNING AUTHORITY
O. Reg. 563/96 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF YORK AND TOWN OF RICHMOND HILL
O. Reg. 506/96 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF VAN HORNE, TERRITORIAL DISTRICT OF KENORA
O. Reg. 415/96 ZONING AREAS - CITY OF TORONTO, MUNICIPALITY OF METROPOLITAN TORONTO
O. Reg. 347/96 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF YORK AND TOWN OF MARKHAM
O. Reg. 346/96 WITHDRAWAL AND DELEGATION OF MINISTER'S AUTHORITY - REGIONAL MUNICIPALITY OF YORK AND CITY OF VAUGHAN
O. Reg. 213/96 ZONING AREAS - TERRITORIAL DISTRICT OF KENORA, HARBOUR ISLAND, SAND LAKE
O. Reg. 200/96 MINOR VARIANCE APPLICATIONS
O. Reg. 197/96 CONSENT APPLICATIONS
O. Reg. 159/96 DEEMING ORDER (MANITOULIN PLANNING BOARD)
O. Reg. 156/96 DELEGATION OF AUTHORITY OF MINISTER TO REGIONAL MUNICIPALITY OF YORK: AMENDMENTS TO OFFICIAL PLANS
O. Reg. 70/96 ZONING AREAS - TERRITORIAL DISTRICT OF KENORA, PATRICIA PORTION
O. Reg. 481/95 DEEMING ORDER (HEARST PLANNING BOARD)
O. Reg. 450/95 ZONING AREAS - TERRITOR1AL DISTRICT OF KENORA, UNORGANIZED TERRITORIES OF LAKE OF THE WOODS
O. Reg. 407/95 ZONING AREA - DISTRICT OF KENORA, GEOGRAPHIC TOWNSHIP OF WAINWRIGHT
O. Reg. 364/95 ZONING AREAS - TERRITORIAL DISTRICT OF KENORA, GEOGRAPHIC TOWNSHIP OF KIRKUP
O. Reg. 360/95 ZONING AREAS - DISTRICT OF THUNDER BAY, GEOGRAPHIC TOWNSHIP OF UPSALA
O. Reg. 152/95 DELEGATION OF AUTHORITY OF MINISTER TO APPROVE PLANS OF SUBDIVISION
O. Reg. 150/95 CRITERIA - POWER OF SALE
O. Reg. 149/95 DELEGATION OF AUTHORITY OF MINISTER TO APPROVE AN ORDER AMENDING A PLAN OF SUBDIVISION
O. Reg. 148/95 DELEGATION OF AUTHORITY OF MINISTER TO APPROVE BY-LAWS AFFECTING HIGHWAYS SHOWN ON PLANS OF SUBDIVISION
O. Reg. 146/95 REMOVAL OF POWER - REGIONAL MUNICIPALITY OF PEEL
O. Reg. 145/95 DELEGATION OF AUTHORITY OF MINISTER TO APPROVE CONDOMINIUM DESCRIPTIONS
O. Reg. 144/95 CRITERIA - VALIDATION OF TITLE
O. Reg. 143/95 DELEGATION OF AUTHORITY OF MINISTER TO APPROVE HIGHWAYS LESS THAN 20 METRES IN WIDTH
O. Reg. 136/95 DELEGATION OF AUTHORITY OF MINISTER TO GIVE CONSENTS
O. Reg. 641/94 ZONING AREAS - UNORGANIZED TERRITORIES OF LAKE OF THE WOODS, TERRITORIAL DISTRICT OF KENORA
O. Reg. 384/94 APARTMENTS IN HOUSES
O. Reg. 82/94 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF PETTYPIECE, TERRITORIAL DISTRICT OF KENORA
O. Reg. 15/94 ZONING AREAS - TERRITORIAL DISTRICT OF COCHRANE, GEOGRAPHIC TOWNSHIP OF KEEFER
O. Reg. 1/94 WITHDRAWAL OF DELEGATION OF AUTHORITY OF MINISTER - TIMMINS
O. Reg. 648/93 ZONING AREAS - DISTRICT OF KENORA, GEOGRAPHIC TOWNSHIP OF VAN HORNE
O. Reg. 174/93 ZONING AREAS - TERRITORIAL DISTRICT OF COCHRANE, GEOGRAPHIC TOWNSHIP OF CLUTE
O. Reg. 703/92 ZONING AREAS - TERRITORIAL DISTRICT OF KENORA, GEOGRAPHIC TOWNSHIP OF PELLATT
O. Reg. 702/92 ZONING AREAS - TERRITORIAL DISTRICT OF RAINY RIVER, GEOGRAPHIC TOWNSHIP OF SPOHN
O. Reg. 659/92 ZONING AREAS - TERRITORIAL DISTRICT OF THUNDER BAY, GEOGRAPHIC TOWNSHIP OF WIGGINS
O. Reg. 494/92 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF MUTRIE, DISTRICT OF KENORA
O. Reg. 488/92 ZONING AREAS - UNORGANIZED TOWNSHIP OF WATTEN, DISTRICT OF RAINV RIVER, PARTS OF MINING LOCATIONS 578 P AND 579 P AND PART OF LOCATION SH 324 AND ALL OF LOCATION CL 6037
O. Reg. 464/92 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF SIBLEY, TERRITORIAL DISTRICT OF THUNDER BAY
O. Reg. 323/92 ZONING AREAS - UNORGANIZED TOWNSHIP OF CATHCART, DISTRICT OF KENORA
O. Reg. 661/91 ZONING AREAS - UNORGANIZED TERRITORY IN THE TERRITORIAL DISTRICT OF KENORA
O. Reg. 565/91 ZONING AREAS - GEOGRAPHIC UNORGANIZED DISTRICT OF RAINY RIVER, MINING LOCATION E-238 AND LOCATION FD101
O. Reg. 411/91 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF KIRKUP, TERRITORIAL DISTRICT OF KENORA
O. Reg. 132/91 WITHDRAWAL OF DELEGATION OF AUTHORITY OF MINISTER UNDER SUBSECTION 4 (5) OF THE PLANNING ACT - SUBDIVISION AND CONDOMINIUM PLANS - REGIONAL MUNICIPALITY OF PEEL
O. Reg. 834/81 RESTRICTED AREAS - TERRITORIAL DISTRICT OF SUDBURY
O. Reg. 104/72 RESTRICTED AREAS - REGIONAL MUNICIPALITY OF YORK, TOWN OF MARKHAM
O. Reg. 102/72 RESTRICTED AREAS - COUNTY OF ONTARIO (NOW THE REGIONAL MUNICIPALITY OF DURHAM), TOWNSHIP OF PICKERING (NOW THE CITY OF PICKERING)
O. Reg. 114/16 ZONING ORDER - PROTECTION OF PUBLIC HEALTH AND SAFETY - TORONTO HOSPITAL HELIPORTS
O. Reg. 111/15 ZONING AREA - CITY OF TORONTO - 2015 PAN AM AND PARAPAN AM GAMES
O. Reg. 200/12 ZONING AREA - CITY OF ELLIOT LAKE
O. Reg. 608/06 DEVELOPMENT PERMITS
O. Reg. 467/05 ZONING AREA - TOWNSHIP OF BLANDFORD-BLENHEIM IN THE COUNTY OF OXFORD
O. Reg. 2/04 DELEGATION OF AUTHORITY - CITY OF TEMISKAMING SHORES
O. Reg. 432/03 ZONING AREA - GOLDEN HORSESHOE
O. Reg. 431/03 ZONING AREA - TOWN OF RICHMOND HILL
O. Reg. 393/03 ZONING AREA - REGIONAL MUNICIPALITY OF YORK - PART OF THE TOWN OF RICHMOND HILL
O. Reg. 359/03 ZONING AREA - TOWN OF FORT ERIE
O. Reg. 190/01 DELEGATION OF AUTHORITY - TOWN OF SIOUX LOOKOUT
O. Reg. 43/01 WITHDRAWAL OF AUTHORITY - PINE RIDGE MUNICIPAL PLANNING AGENCY
O. Reg. 573/98 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF EAST MILLS, TERRITORIAL DISTRICT OF PARRY SOUND
O. Reg. 535/98 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF PATTERSON, TERRITORIAL DISTRICT OF PARRY SOUND
O. Reg. 516/98 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF LOUNT, TERRITORIAL DISTRICT OF PARRY SOUND
O. Reg. 337/98 DELEGATION OF AUTHORITY - PLANS OF SUBDIVISION AND CONDOMINIUMS, TOWN OF SIOUX LOOKOUT
O. Reg. 335/98 DELEGATION OF AUTHORITY TO GIVE CONSENTS - TOWN OF SIOUX LOOKOUT
O. Reg. 25/98 DELEGATION OF AUTHORITY - PINE RIDGE MUNICIPAL PLANNING AGENCY
O. Reg. 526/97 PINE RIDGE MUNICIPAL PLANNING AGENCY
O. Reg. 154/95 PRESCRIBED COUNTIES
O. Reg. 151/95 APPLICATIONS TO AMEND OR REVOKE MINISTER'S ZONING ORDERS
O. Reg. 531/94 ZONING AREAS - UNINCORPORATED TOWNSHIP OF EAST MILLS, DISTRICT OF PARRY SOUND
O. Reg. 528/94 ZONING AREAS - GEOGRAPHIC TOWNSHIP OF HAGGART, TERRITORIAL DISTRICT OF COCHRANE
O. Reg. 561/91 ZONING AREAS - PART OF THE GEOGRAPHIC TOWNSHIP OF PRINGLE, TERRITORIAL DISTRICT OF PARRY SOUND
Planning Act
R.S.O. 1990, CHAPTER P.13
Historical version for the period January 1, 2012 to December 2, 2015.
Last amendment: 2011, c. 6, Sched. 2.
Information and material to be made available to public
PROVINCIAL ADMINISTRATION
Provincial interest
Decisions of councils and approval authorities
Delegation of Minister’s powers
Further delegation of powers
LOCAL PLANNING ADMINISTRATION
Local appeal body
Planning area defined by Minister
Planning area in unorganized territory
Municipal grants
Duties of planning board
Joint planning areas
Municipal planning authority
Deemed council, municipality
Upper-tier municipalities, planning functions
OFFICIAL PLANS
Contents of official plan
Prescribed process
Delegation of approval authority
Recommendation of plan
Deemed council
Lodging of plan
Amendment or repeal of plan
Request for amendment
Request by Minister to amend plan
Public works and by-laws to conform with plan
Acquisition of lands in accordance with provisions of plan
Updating official plan
Amendments to conform to official plan
Community improvement project area
Agreement re studies and development
Agreements for grants in aid of community improvement
Grants or loans for repairs
Demolition control area
LAND USE CONTROLS AND RELATED ADMINISTRATION
No distinction on the basis of relationship
By-laws to give effect to second unit policies
Holding provision by-law
Increased density, etc., provision by-law
Interim control by-law
Temporary use provisions
Agreement exempting owner from requirement to provide parking
Site plan control area
Conveyance of land for park purposes
Application of subss. 34 (12-34)
Powers of committee
Mobile homes, land lease community homes
Power of Minister re zoning and subdivision control
Where licence, etc., not to issue
Power of entry
Search warrant
SUBDIVISION OF LAND
Division of land by will
Plan of subdivision approvals
Delegation to committee or officer
Sale of lands in accordance with unregistered plan prohibited
Delegation of authority to give consents
District land division committee, delegation
Land division committee
Validation certificate
Acquisition of land
Power to clear, grade, etc., lands acquired
Exchange of lands
Fair hearing
Not subject to Act
Exempt undertakings
Renewable energy undertakings
Variation of notice requirements
Deemed compliance
Discretionary dispute resolution techniques
Effect where authority delegated
Proceeds of fines
Tariff of fees
General regulations, Lieutenant Governor in Council
General regulations, Minister
Regulations re development permit system
Regulations re sewage and water services
Regulations re transitional and other matters, 2004 amendments
Repeal of joint official plans
Planning areas and boards dissolved
Transition – residential units
County of Oxford
“area of employment” means an area of land designated in an official plan for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation; (“zone d’emploi”)
“area of settlement” means an area of land designated in an official plan for urban uses including urban areas, urban policy areas, towns, villages, hamlets, rural clusters, rural settlement areas, urban systems, rural service centres or future urban use areas, or as otherwise prescribed by regulation; (“zone de peuplement”)
“committee of adjustment” means a committee of adjustment constituted under section 44; (“comité de dérogation”)
“First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)
“land division committee” means a land division committee constituted under section 56; (“comité de morcellement des terres”)
“local appeal body” means an appeal body for certain local land use planning matters, constituted under section 8.1; (“organisme d’appel local”)
“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”)
“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)
“Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”)
“prescribed” means prescribed by the regulations; (“prescrit”)
“provincial plan” means,
(a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005,
(b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act,
(c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001,
(d) a development plan approved under the Ontario Planning and Development Act, 1994,
(e) a growth plan approved under the Places to Grow Act, 2005, or
(f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made or approved by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario; (“plan provincial”)
“public body” means a municipality, a local board, a ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation; (“organisme public”)
“public work” means any improvement of a structural nature or other undertaking that is within the jurisdiction of the council of a municipality or a local board; (“travaux publics”)
“regulations” means regulations made under this Act. (“règlements”)
“renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”)
“renewable energy project” has the same meaning as in the Green Energy Act, 2009; (“projet d’énergie renouvelable”)
“renewable energy testing facility” has the same meaning as in the Green Energy Act, 2009; (“installation d’évaluation du potentiel en énergie renouvelable”)
“renewable energy testing project” has the same meaning as in the Green Energy Act, 2009; (“projet d’évaluation du potentiel en énergie renouvelable”)
“renewable energy undertaking” means a renewable energy generation facility, a renewable energy project, a renewable energy testing facility or a renewable energy testing project; (“entreprise d’énergie renouvelable”)
“residential unit” means a unit that,
(a) consists of a self-contained set of rooms located in a building or structure,
(b) is used or intended for use as residential premises, and
(c) contains kitchen and bathroom facilities that are intended for the use of the unit only. (“unité d’habitation”) R.S.O. 1990, c. P.13, s. 1; 1994, c. 23, s. 3 (2); 1996, c. 4, s. 1 (1-3); 2002, c. 17, Sched. B, s. 1; 2004, c. 18, s. 1; 2006, c. 23, s. 1 (1-4); 2009, c. 12, Sched. K, s. 1; 2009, c. 12, Sched. L, s. 19.
(2) The term “public body” in subsection (1) excludes all ministries of the Province of Ontario except the Ministry of Municipal Affairs and Housing in respect of subsections 17 (24), (36) and (40), 22 (7.4), 34 (19), 38 (4), 45 (12), 51 (39), (43) and (48) and 53 (19) and (27). 1996, c. 4, s. 1 (4); 2006, c. 23, s. 1 (5).
(3) Despite subsection (2), the Minister may by regulation designate any other ministry of the Province of Ontario to be a public body for the purpose of the provisions referred to in subsection (2). 1996, c. 4, s. 1 (4).
(4) The Minister may by regulation exclude any board, commission, agency or official of the Province of Ontario from the definition of “public body” set out in subsection (1) in respect of the provisions referred to in subsection (2). 1996, c. 4, s. 1 (4).
Uses re “area of employment”
(5) The uses referred to in the definition of “area of employment” in subsection (1) are,
(a) manufacturing uses;
(b) warehousing uses;
(c) office uses;
(d) retail uses that are associated with uses mentioned in clauses (a) to (c); and
(e) facilities that are ancillary to uses mentioned in clauses (a) to (d). 2006, c. 23, s. 1 (6).
1.0.1 Information and material that is required to be provided to a municipality or approval authority under this Act shall be made available to the public. 2006, c. 23, s. 2.
1.1 The purposes of this Act are,
(a) to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act;
(b) to provide for a land use planning system led by provincial policy;
(c) to integrate matters of provincial interest in provincial and municipal planning decisions;
(d) to provide for planning processes that are fair by making them open, accessible, timely and efficient;
(e) to encourage co-operation and co-ordination among various interests;
(f) to recognize the decision-making authority and accountability of municipal councils in planning. 1994, c. 23, s. 4.
2. The Minister, the council of a municipality, a local board, a planning board and the Municipal Board, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as,
(a) the protection of ecological systems, including natural areas, features and functions;
(b) the protection of the agricultural resources of the Province;
(c) the conservation and management of natural resources and the mineral resource base;
(d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;
(e) the supply, efficient use and conservation of energy and water;
(f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;
(g) the minimization of waste;
(h) the orderly development of safe and healthy communities;
(h.1) the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies;
(i) the adequate provision and distribution of educational, health, social, cultural and recreational facilities;
(j) the adequate provision of a full range of housing, including affordable housing;
(k) the adequate provision of employment opportunities;
(l) the protection of the financial and economic well-being of the Province and its municipalities;
(m) the co-ordination of planning activities of public bodies;
(n) the resolution of planning conflicts involving public and private interests;
(o) the protection of public health and safety;
(p) the appropriate location of growth and development;
(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians. 1994, c. 23, s. 5; 1996, c. 4, s. 2; 2001, c. 32, s. 31 (1); 2006, c. 23, s. 3; 2011, c. 6, Sched. 2, s. 1.
2.1 When an approval authority or the Municipal Board makes a decision under this Act that relates to a planning matter, it shall have regard to,
(a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and
(b) any supporting information and material that the municipal council or approval authority considered in making the decision described in clause (a). 2006, c. 23, s. 4.
3. (1) The Minister, or the Minister together with any other minister of the Crown, may from time to time issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to municipal planning that in the opinion of the Minister are of provincial interest. R.S.O. 1990, c. P.13, s. 3 (1).
Minister to confer
(2) Before issuing a policy statement, the Minister shall confer with such persons or public bodies that the Minister considers have an interest in the proposed statement. 1994, c. 23, s. 6 (1).
(3) If a policy statement is issued under subsection (1), the Minister shall cause it to be published in The Ontario Gazette and shall give such further notice of it, in such manner as the Minister considers appropriate, to all members of the Assembly and to any other persons or public bodies that the Minister considers have an interest in the statement. 1994, c. 23, s. 6 (1).
(4) Each municipality that receives notice of a policy statement under subsection (3) shall in turn give notice of the statement to each local board of the municipality that it considers has an interest in the statement. R.S.O. 1990, c. P.13, s. 3 (4).
Policy statements and provincial plans
(5) A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter,
(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and
(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. 2006, c. 23, s. 5.
(6) Comments, submissions or advice affecting a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government,
(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and
Duties of Minister unaffected
(7) Except as provided in subsections (5) and (6), nothing in this section affects nor restricts the Minister in carrying out the Minister’s duties and responsibilities under this Act. 1996, c. 4, s. 3.
(8), (9) Repealed: 1996, c. 4, s. 3.
(10) The Minister shall, at least every five years from the date that a policy statement is issued under subsection (1), ensure that a review of the policy statement is undertaken for the purpose of determining the need for a revision of the policy statement. 1994, c. 23, s. 6 (3).
4. (1) The Minister, on the request of the council of any municipality, may, by order, delegate to the council any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval the official plan or amendments to the official plan of the municipality of which it is the council and, where the Minister has delegated any such authority, the council has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the council shall be responsible for all matters pertaining thereto, including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board. R.S.O. 1990, c. P.13, s. 4 (1); 1996, c. 4, s. 4 (1); 1999, c. 12, Sched. M, s. 21; 2006, c. 23, s. 6.
(2) The Minister, on the request of the planning board of any planning area in a territorial district, may, by order, delegate to the planning board any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval an official plan or amendments to an official plan, and where the Minister has delegated any such authority the planning board has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the planning board shall be responsible for all matters pertaining thereto, including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board. R.S.O. 1990, c. P.13, s. 4 (2); 1996, c. 4, s. 4 (2).
Delegation where no request is made
(2.1) The Minister may, after the prescribed notice is given, by order delegate to the council of an upper-tier municipality or a single-tier municipality any of the Minister’s authority described in subsection (1) if the municipality has an official plan. 2002, c. 17, Sched. B, s. 2.
Delegation to planning board
(2.2) The Minister may, after the prescribed notice is given, by order delegate to a planning board any of the Minister’s authority described in subsection (2) if the planning board has an official plan. 1996, c. 4, s. 4 (3).
(3) Repealed: 1994, c. 23, s. 7.
(4) A delegation made by the Minister under this section may be subject to such conditions as the Minister may by order provide. 1996, c. 4, s. 4 (4).
Withdrawal of delegation of powers
(5) The Minister may by order, accompanied by a written explanation therefor, withdraw any delegation made under this section and, without limiting the generality of the foregoing, such withdrawal may be either in respect of one or more applications for approval specified in the order or in respect of any or all applications for approval made subsequent to the withdrawal of the delegation, and immediately following any such withdrawal the council or the planning board, as the case may be, shall forward to the Minister all papers, plans, documents and other material in the possession of the municipal corporation or the planning board that relate to any matter in respect of which the authority was withdrawn and of which a final disposition was not made by the council or the planning board prior to such withdrawal. R.S.O. 1990, c. P.13, s. 4 (5); 1993, c. 26, s. 49 (4); 1996, c. 4, s. 4 (5).
5. (1) Where the Minister has delegated any authority to a council under section 4, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate any of such authority, other than the authority to approve official plans or the authority to exempt from approval plans as official plans or amendments to official plans, to a committee of council or to an appointed officer identified in the by-law either by name or position occupied and such committee or officer, as the case may be, has, in lieu of the Minister, all the powers and rights of the Minister in respect of such delegated authority and shall be responsible for all matters pertaining thereto including the referral of any matter to the Municipal Board. R.S.O. 1990, c. P.13, s. 5 (1); 1996, c. 4, s. 5 (1).
(2) Despite subsection (1), a council may not delegate the authority to approve or the authority to exempt from approval amendments to official plans without the prior written approval of the Minister, which approval may be subject to such further conditions as the Minister considers appropriate. R.S.O. 1990, c. P.13, s. 5 (2); 1996, c. 4, s. 5 (2).
(3) In addition to the authority of a council to, in turn, delegate any authority under subsection (1), where the Minister has delegated to a council his or her authority for the giving of consents under section 53, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate the authority for the giving of consents to a committee of adjustment constituted under section 44.
(4) A delegation made by a council under subsection (1) or (3) may be subject to such conditions as the council may by by-law provide and as are not in conflict with any conditions provided by order of the Minister under section 4.
(5) A council may by by-law withdraw any delegation made under subsection (1) or (3), whereupon subsection 4 (5) applies with necessary modifications. R.S.O. 1990, c. P.13, s. 5 (3-5).
6. (1) In this section,
“ministry” means any ministry or secretariat of the Government of Ontario and includes a board, commission or agency of the Government. R.S.O. 1990, c. P.13, s. 6 (1); 1998, c. 15, Sched. E, s. 27 (3).
Planning policies
(2) A ministry, before carrying out or authorizing any undertaking that the ministry considers will directly affect any municipality, shall consult with, and have regard for, the established planning policies of the municipality. R.S.O. 1990, c. P.13, s. 6 (2).
7. The Minister may, out of the money appropriated therefor by the Legislature, make grants of money to assist in the performing of any duty or function of a planning nature. R.S.O. 1990, c. P.13, s. 7.
8. (1) The council of a municipality may appoint a planning advisory committee composed of such persons as the council may determine.
Joint planning by agreement
(2) The councils of two or more municipalities may enter into agreement to provide for the joint undertaking of such matters of a planning nature as may be agreed upon and may appoint a joint planning advisory committee composed of such persons as they may determine.
(3) Persons appointed to a committee under this section may be paid such remuneration and expenses as the council or councils may determine, and where a joint committee is appointed, the councils may by agreement provide for apportioning to their respective municipalities the costs of the payments. R.S.O. 1990, c. P.13, s. 8.
8.1 (1) If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (3), (4) and (5). 2006, c. 23, s. 7.
Local and upper-tier municipalities
(2) For greater certainty, this section applies to both local and upper-tier municipalities. 2006, c. 23, s. 7.
Term and qualifications
(3) A person who is appointed to the local appeal body,
(a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and
(b) shall have the prescribed qualifications, if any. 2006, c. 23, s. 7.
(4) In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria. 2006, c. 23, s. 7.
(5) The council shall not appoint to the local appeal body a person who is,
(a) an employee of the municipality;
(b) a member of a municipal council, land division committee, committee of adjustment, planning board or planning advisory committee; or
(c) a member of a prescribed class. 2006, c. 23, s. 7.
Power to hear appeals
(6) The council may by by-law empower the local appeal body to hear appeals under,
(a) subsection 45 (12);
(b) subsections 53 (14), (19) and (27); or
(c) the provisions listed in both clauses (a) and (b). 2006, c. 23, s. 7.
Effect of by-law under subs. (6)
(7) If a by-law has been passed under subsection (6),
(a) the local appeal body has all the powers and duties of the Municipal Board under the relevant provisions of this Act;
(b) all references in this Act to the Municipal Board in connection with appeals shall be read as references to the local appeal body; and
(c) appeals under the relevant provisions shall be made to the local appeal body, not to the Municipal Board. 2006, c. 23, s. 7.
Prescribed requirements
(8) The local appeal body shall comply with any prescribed requirements including, without limitation, requirements for the rules governing the practice and procedure before the local appeal body. 2006, c. 23, s. 7.
(9) An appellant shall pay to the local appeal body any fee that the council establishes by by-law. 2006, c. 23, s. 7.
(10) An appeal lies from the local appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law. 2006, c. 23, s. 7.
(11) For greater certainty, the local appeal body does not have power to make determinations under subsection 53 (4.1). 2006, c. 23, s. 7.
Exception, related appeals
(12) Despite subsection (7), an appeal under a provision listed in subsection (6) shall be made to the Municipal Board, not to the local appeal body, if a related appeal,
(a) has previously been made to the Board and has not yet been finally disposed of; or
(b) is made to the Board together with the appeal under a provision listed in subsection (6). 2006, c. 23, s. 7.
(13) For the purposes of subsections (12) and (16), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (6) if it is made,
(a) under section 17, 22, 34, 36, 38, 41 or 51 or in relation to a development permit system; and
(b) in respect of the same matter as the appeal under a provision listed in subsection (6). 2006, c. 23, s. 7.
(14) A person may make a motion for directions to have the Municipal Board determine a dispute about whether subsection (12) or (16) applies to an appeal. 2006, c. 23, s. 7.
Final determination
(15) The Municipal Board’s determination under subsection (14) is not subject to appeal or review. 2006, c. 23, s. 7.
O.M.B. to assume jurisdiction
(16) If an appeal has been made to a local appeal body under a provision listed in subsection (6) but no hearing has begun, and a notice of appeal is filed in respect of a related appeal, the Municipal Board shall assume jurisdiction to hear the first-mentioned appeal. 2006, c. 23, s. 7.
(17) When the Municipal Board assumes jurisdiction as described in subsection (16), the local appeal body,
(a) shall immediately forward to the Board all information and material in its possession that relates to the appeal; and
(b) shall not take any further action with respect to the appeal. 2006, c. 23, s. 7.
Withdrawal of power
(18) The Minister may by order, accompanied by a written explanation for it, withdraw the power given to a local appeal body under subsections (6) and (7), and the order may be in respect of the appeals specified in the order, subject to subsection (19), or in respect of any or all appeals made after the order is made. 2006, c. 23, s. 7.
(19) An order made under subsection (18) does not apply to an appeal if the hearing before the local appeal body has begun on or before the date of the order. 2006, c. 23, s. 7.
Effect of withdrawal
(20) If an order is made under subsection (18),
(a) the Municipal Board shall hear all appeals to which the order applies; and
(b) the local appeal body to which the order relates shall forward to the Board all information and material in its possession that relates to any appeal to which the order applies. 2006, c. 23, s. 7.
Revocation of withdrawal
(21) The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (18). 2006, c. 23, s. 7.
(22) An order made under subsection (21) does not apply to an appeal if the hearing before the Municipal Board has begun on or before the date of the order. 2006, c. 23, s. 7.
Effect of revocation
(a) the local appeal body shall hear all appeals to which the order applies; and
(b) the Municipal Board shall forward to the local appeal body all information and material in its possession that relates to any appeal to which the order applies. 2006, c. 23, s. 7.
(24) This section does not authorize a municipality to,
(a) establish a joint local appeal body together with one or more other municipalities; or
(b) empower a local appeal body that is established by another municipality to hear appeals. 2006, c. 23, s. 7.
(25) This section does not apply with respect to the City of Toronto. 2006, c. 23, s. 7.
(26) This section does not apply with respect to an appeal that is made before the day a by-law passed under subsection (6) by the council of the relevant municipality comes into force. 2006, c. 23, s. 7.
9. (1) The Minister may define and name a planning area consisting of the whole of two or more municipalities that are situate in a territorial district or consisting of the whole of one or more municipalities and territory without municipal organization.
Planning board for planning area
(2) Where a planning area is defined under subsection (1), the Minister shall establish the planning board for the planning area and specify the name of the board and the number of members to be appointed to it by the council of each municipality within the planning area and the number of members, if any, to be appointed by the Minister.
Appointments to board
(3) The council of each municipality shall appoint to the planning board the number of members specified by the Minister under subsection (2) and, after the initial appointments, the appointments shall be made by each successive council as soon as practicable after the council is organized.
(4) The members,
(a) appointed by the council of each municipality shall hold office for the term of the council that appointed them; and
(b) appointed by the Minister shall hold office for the term specified by the Minister in their appointment,
and until their successors are appointed. R.S.O. 1990, c. P.13, s. 9.
10. The Minister may define and name a planning area consisting of territory without municipal organization and may establish and name a planning board for the planning area and appoint the members thereof. R.S.O. 1990, c. P.13, s. 10.
11. (1) A planning board is a body corporate and a majority of its members constitutes a quorum.
(2) A planning board shall annually elect a chair and a vice-chair who shall preside in the absence of the chair.
Secretary-treasurer, employees, consultants
(3) A planning board shall appoint a secretary-treasurer, who may be a member of the board, and may engage such employees and consultants as are considered appropriate.
Execution of documents
(4) The execution of documents by a planning board shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer, and the corporate seal of the board. R.S.O. 1990, c. P.13, s. 11.
12. (1) A planning board established by the Minister for a planning area consisting of one municipality and territory without municipal organization shall submit annually to the council of the municipality an estimate of its financial requirements for the year and the council may amend such estimate and shall pay to the secretary-treasurer of the planning board out of the money appropriated for the planning board such amounts as may be requisitioned from time to time.
Two or more municipalities
(2) In the case of a planning board established for a planning area consisting of two or more municipalities or consisting of two or more municipalities and territory without municipal organization, the planning board shall annually submit its estimates to the council of each of such municipalities together with a statement as to the proportion thereof to be chargeable to each municipality.
When estimates binding
(3) If the estimates submitted under subsection (2) are approved, or are amended and approved, by the councils of municipalities representing more than one-half of the population of the planning area for which the board was established, the estimates are binding on all the municipalities.
(4) After the estimates have been approved as provided in subsection (3), the planning board shall so notify each municipality involved and shall notify each such municipality of the total approved estimates and the amount thereof chargeable to it, based on the apportionment set out in the statement submitted under subsection (2).
Where apportionment not satisfactory
(5) If the council of any municipality is not satisfied with the apportionment, it may, within fifteen days after receiving the notice under subsection (4), notify the planning board and the secretary of the Municipal Board that it desires the apportionment to be made by the Board.
Power of O.M.B.
(6) The Municipal Board shall hold a hearing and determine the apportionment and its decision is final.
(7) Each municipality shall pay to the secretary-treasurer of the planning board such amounts as may be requisitioned from time to time up to the amount determined by the planning board under subsection (4) or by the Municipal Board under subsection (6), as the case may be. R.S.O. 1990, c. P.13, s. 12.
13. Any municipality within a planning area may make grants of money to the planning board of the planning area. R.S.O. 1990, c. P.13, s. 13.
14. (1) A planning board shall provide advice and assistance in respect of such planning matters affecting the planning area as are referred to the board,
(a) by the councils to which the board submits its estimates under section 12, or by any of such councils; or
(b) by the Minister, in the case of a planning board appointed for a planning area consisting solely or partially of territory without municipal organization.
Preparation of official plan
(2) A planning board shall prepare a plan suitable for adoption as the official plan of the planning area, or at the request of any of the councils mentioned in subsection (1), prepare a plan suitable for adoption as the official plan of the municipality of which it is the council. R.S.O. 1990, c. P.13, s. 14.
14.1 (1) The councils of two or more local municipalities that are within one or more counties whether or not they form part of a county for municipal purposes may by by-law define a municipal planning area, establish a municipal planning authority for the area and specify the name of the authority.
Approval of by-law
(2) The council of a municipality shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county.
(3) A municipal planning authority is a body corporate.
(4) All the members of a municipal planning authority shall be members of council.
(5) The council of each local municipality shall appoint to the municipal planning authority the number of members prescribed and, after the initial appointments, the appointments shall be made by each successive council as soon as possible after the council is organized.
(6) The members of the municipal planning authority shall hold office for the term of the council that appointed them and until their successors are appointed.
(7) If a vacancy occurs from any cause, the council shall, as soon as possible, appoint a member of its council to the municipal planning authority who shall hold office for the remainder of the unexpired term. 1994, c. 23, s. 8.
14.2 (1) Each member of a municipal planning authority is entitled to one vote. 1994, c. 23, s. 8.
(2) A majority of the members of a municipal planning authority constitutes a quorum. 1994, c. 23, s. 8.
(3) A municipal planning authority shall annually elect a chair and a vice-chair who shall preside in the absence of the chair. 1994, c. 23, s. 8.
Secretary-treasurer
(4) A municipal planning authority shall appoint a secretary-treasurer who may be a member of the authority. 1994, c. 23, s. 8.
(5) The execution of documents by a municipal planning authority shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer and the corporate seal of the authority. 1994, c. 23, s. 8.
Records, inspection
(6) The secretary-treasurer shall keep on file minutes and records of all applications and the decisions on them and of all other business of the authority, and section 253 of the Municipal Act, 2001 applies with necessary modifications in respect of the documents kept. 1994, c. 23, s. 8; 2002, c. 17, Sched. B, s. 3.
14.3 (1) On or before March 31 of each year, a municipal planning authority shall determine its financial requirements and the proportion of it to be chargeable to each municipality and shall notify the council of each of the municipalities within the municipal planning area of its financial requirements together with a statement as to the proportion of it to be chargeable to each municipality.
Determination by O.M.B.
(2) If the council of any municipality is not satisfied with the apportionment, it may, within 15 days after receiving the notice, notify the municipal planning authority and the Municipal Board that it desires the apportionment to be made by the Board.
(4) Each municipality shall pay to the secretary-treasurer of the municipal planning authority such amounts as may be requisitioned from time to time up to the amount determined by the municipal planning authority under subsection (1) or by the Municipal Board under subsection (3), as the case may be. 1994, c. 23, s. 8.
County levy
(5) If a municipal planning authority has been established, a county shall raise the amounts required for county land use planning purposes by levying a special rate on rateable property not in the municipal planning area. 1997, c. 29, s. 65.
14.4 (1) A municipal planning authority may, upon the request of the council of a local municipality that is within a county, whether or not it forms part of the county for municipal purposes, by by-law redefine the municipal planning area to add the municipality to the planning area and rename the municipal planning authority.
(2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county.
(3) The council of a municipality added to a municipal planning authority under subsection (1) shall, as soon as possible, appoint to the authority the number of members prescribed and, after the initial appointment, the appointments shall be made by each successive council, as soon as possible, after the council is organized. 1994, c. 23, s. 8.
14.5 (1) Upon the request of the council of a local municipality that is within a municipal planning area, the municipal planning authority shall by by-law redefine the municipal planning area to remove the municipality from the planning area and may rename the municipal planning authority.
(2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister.
(3) The members of a municipal planning authority appointed by a local municipality which is removed from the authority shall cease to be members of the authority on the date the by-law passed under subsection (1) comes into effect. 1994, c. 23, s. 8.
14.6 (1) A municipal planning authority may by by-law dissolve the municipal planning area and the municipal planning authority.
Dissolution by Minister
(3) The Minister may by order dissolve a municipal planning area and a municipal planning authority.
Assets, liabilities
(4) All the assets and liabilities of a municipal planning authority dissolved under this section are assets and liabilities of the municipalities that formed part of the municipal planning area and, if such municipalities cannot agree as to the disposition of the assets and liabilities, the Municipal Board, upon the application of one or more of the municipalities, shall direct a final disposition.
(5) If assets or liabilities are transferred or assigned to a municipality under an agreement or an order of the Municipal Board under this section, the municipality stands in the place of the municipal planning authority for all purposes.
Transitional matters
(6) Despite this or any other Act, the Minister may by order provide for transitional matters which, in the opinion of the Minister, are necessary or expedient to establish, expand or dissolve a municipal planning authority or to remove a municipality from a municipal planning authority. 1994, c. 23, s. 8.
14.7 (1) If land in a municipal planning area is covered by the official plan of a county, the parts of the official plan which affect the land in the municipal planning area shall be deemed for all purposes to be the official plan of the municipal planning authority on the day the municipal planning authority is established and the county shall forward to the municipal planning authority all papers, plans and documents and other material that relate to the parts of the official plan that are deemed to be the official plan of the municipal planning authority.
(2) The council of a county shall not exercise any power under section 17 in respect of land in the county that is in a municipal planning area. 1994, c. 23, s. 8.
Preparation of plan
(3) A municipal planning authority shall prepare and adopt a plan and, unless exempt from approval, submit it for approval as an official plan in respect of the land in the municipal planning area that is not covered by an official plan deemed under subsection (1) to be the official plan of the municipal planning authority. 1994, c. 23, s. 8; 1996, c. 4, s. 6 (1).
(4) Section 17 applies with necessary modification to the preparation and adoption of a plan by a municipal planning authority and, unless exempt from approval, the approval of the plan as an official plan as though the planning authority were the council of the municipality and the secretary-treasurer were the clerk of the municipality. 1996, c. 4, s. 6 (2).
Deemed official plan
(5) If land that is in a local municipality that forms part of a county for municipal purposes is removed from a municipal planning area, the parts of the official plan of the municipal planning authority which affect the land removed from the municipal planning area shall be deemed for all purposes to be the official plan of the county on the day the by-law removing the land is passed and the municipal planning authority shall forward to the county all papers, plans and documents and other materials that relate to the parts of the plan that are deemed to be the official plan of the county.
(6) If land that is in a local municipality that does not form part of a county for municipal purposes is removed from a municipal planning area, the parts of the official plan which affect the land removed from the municipal planning area are revoked.
Deemed plan
(7) If land that is in a local municipality that forms part of a county for municipal purposes is in a municipal planning area that is dissolved, the parts of the official plan of the municipal planning authority which affect land in the local municipality shall be deemed for all purposes to be the official plan of the county on the day the municipal planning authority is dissolved.
(8) If land that is in a local municipality that does not form part of a county for municipal purposes is in a municipal planning area that is dissolved, the parts of the official plan of the municipal planning authority which affect land in the local municipality are revoked.
Conformity with upper tier plan
(9) Section 27 applies with necessary modifications to the official plan of a planning authority as though the official plan of the municipal planning authority were the official plan of a county and the municipal planning authority were the council of a county. 1994, c. 23, s. 8.
14.8 (1) Sections 2 and 3, subsections 4 (1), (4) and (5), 5 (1), (2), (4) and (5), 6 (2), 8 (1) and (3), sections 16, 16.1, 17, 20, 21, 22, 23 and 26, subsection 51 (37) and (45), sections 62.1, 65, 66, 68 and 69 apply to a municipal planning area or a municipal planning authority, as appropriate, and the municipal planning area and municipal planning authority shall be deemed to be a municipality or a council of a municipality, respectively, for those purposes. 1994, c. 23, s. 8.
(2) Repealed: 1996, c. 4, s. 7.
15. The council of an upper-tier municipality, on such conditions as may be agreed upon with the council of a lower-tier municipality, may,
(a) assume any authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act; or
(b) provide advice and assistance to the lower-tier municipality in respect of planning matters generally. 2002, c. 17, Sched. B, s. 4.
16. (1) An official plan shall contain,
(a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization; and
(b) such other matters as may be prescribed. 2006, c. 23, s. 8.
(2) An official plan may contain,
(a) a description of the measures and procedures proposed to attain the objectives of the plan;
(b) a description of the measures and procedures for informing and obtaining the views of the public in respect of a proposed amendment to the official plan or proposed revision of the plan or in respect of a proposed zoning by-law; and
(c) such other matters as may be prescribed. 2006, c. 23, s. 8.
Second unit policies
(3) Without limiting what an official plan is required to or may contain under subsection (1) or (2), an official plan shall contain policies that authorize the use of a second residential unit by authorizing,
(a) the use of two residential units in a detached house, semi-detached house or rowhouse if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains a residential unit; and
(b) the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse if the detached house, semi-detached house or rowhouse contains a single residential unit. 2011, c. 6, Sched. 2, s. 2.
(4) Repealed: 1996, c. 4, s. 8 (2).
16.1 The council of a municipality or a planning board may by by-law elect to follow the prescribed processes and develop the materials prescribed for the preparation of an official plan and any processes followed or materials developed in the preparation of the plan may be considered under the Environmental Assessment Act with respect to any requirement that it must meet under that Act. 1994, c. 23, s. 9.
17. (1) Except as otherwise provided in this section, the Minister is the approval authority in respect of the approval of a plan as an official plan for the purposes of this section. 1996, c. 4, s. 9.
Approval by upper-tier municipality
(2) An upper-tier municipality is the approval authority in respect of an official plan of a lower-tier municipality for the purposes of this section if the upper-tier municipality has an approved official plan. 2002, c. 17, Sched. B, s. 5 (1).
(3) Repealed: 2002, c. 17, Sched. B, s. 5 (2).
Upper-tier become approval authority
(4) On the day that all or part of a plan that covers an upper-tier municipality comes into effect as the official plan of a municipality, the upper-tier municipality is the approval authority in respect of the approval of a plan as an official plan of a lower-tier municipality. 2002, c. 17, Sched. B, s. 5 (3).
Removal of power
(6) The Minister may by order, accompanied by a written explanation for it, remove the power given under subsection (2) or (4) and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments submitted for approval after the order is made. 1996, c. 4, s. 9; 2002, c. 17, Sched. B, s. 5 (5).
Transfer of approval authority
(7) If an order is made under subsection (6), the Minister becomes the approval authority in respect of the plans and proposed official plan amendments to which the order relates and the council of the former approval authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the approval authority. 1996, c. 4, s. 9.
(8) If the Minister revokes the order or part of the order made under subsection (6), the council reverts back to being the approval authority in respect of all plans or proposed official plan amendments to which the revoked order or revoked part of the order applied. 1996, c. 4, s. 9.
(9) Subject to subsection 26 (6), the Minister may by order exempt a plan or proposed official plan amendment from his or her approval under this section and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments. 1996, c. 4, s. 9; 2006, c. 23, s. 9 (1).
Authority to exempt
(10) The Minister may by order authorize an approval authority to pass a by-law,
(a) exempting any or all plans or proposed official plan amendments from its approval under this section; and
(b) exempting a plan or proposed official plan amendment from its approval under this section. 1996, c. 4, s. 9.
(11) An exemption under subsection (9) or (10) or an authorization under subsection (10) may be subject to such conditions as the Minister or the approval authority may provide in the order or by-law. 1996, c. 4, s. 9.
Removal of exemption or authorization
(12) The Minister may by order or an approval authority may by by-law, accompanied by a written explanation for it, remove any exemption made under subsection (9) or (10) or any authorization made under subsection (10). 1996, c. 4, s. 9.
Mandatory adoption
(13) A plan shall be prepared and adopted and, unless exempt from approval, submitted for approval by the council of a prescribed municipality. 2002, c. 17, Sched. B, s. 5 (6).
Discretionary adoption
(14) The council of a municipality not prescribed under subsection (13) may prepare and adopt a plan and, unless the plan is exempt from approval, submit it for approval. 2002, c. 17, Sched. B, s. 5 (7).
Consultation and public meeting
(15) In the course of the preparation of a plan, the council shall ensure that,
(a) the appropriate approval authority is consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material, even if the plan is exempt from approval;
(b) the prescribed public bodies are consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material;
(c) adequate information and material, including a copy of the current proposed plan, is made available to the public, in the prescribed manner, if any; and
(d) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the current proposed plan. 2006, c. 23, s. 9 (2).
(16) If the plan is being revised under section 26 or amended in relation to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under clause (15) (c). 2006, c. 23, s. 9 (2).
(17) Notice of the public meeting required under clause (15) (d) and of the open house, if any, required under subsection (16) shall,
(a) be given to the prescribed persons and public bodies, in the prescribed manner; and
(b) be accompanied by the prescribed information. 2006, c. 23, s. 9 (2).
Timing of open house
(18) If an open house is required under subsection (16), it shall be held no later than seven days before the public meeting required under clause (15) (d) is held. 2006, c. 23, s. 9 (2).
Timing of public meeting
(19) The public meeting required under clause (15) (d) shall be held no earlier than 20 days after the requirements for giving notice have been complied with. 2006, c. 23, s. 9 (2).
Information and material
(19.1) The information and material referred to in clause (15) (c), including a copy of the current proposed plan, shall be made available to the public at least 20 days before the public meeting required under clause (15) (d) is held. 2006, c. 23, s. 9 (2).
Participation in public meeting
(19.2) Every person who attends a public meeting required under clause (15) (d) shall be given an opportunity to make representations in respect of the current proposed plan. 2006, c. 23, s. 9 (2).
Alternative procedure
(19.3) If an official plan sets out alternative measures for informing and obtaining the views of the public in respect of amendments that may be proposed for the plan and if the measures are complied with, subsections (15) to (19.2) do not apply to the proposed amendments, but subsections (19.4) and (19.6) do apply. 2006, c. 23, s. 9 (2).
(19.4) If subsection (19.3) applies and the plan is being revised under section 26 or amended in relation to a development permit system,
(a) the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the proposed amendments; and
(b) if a public meeting is also held, the open house shall be held no later than seven days before the public meeting. 2006, c. 23, s. 9 (2).
(19.5) At a public meeting under clause (15) (d), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (24) and (36). 2006, c. 23, s. 9 (2).
Where alternative procedures followed
(19.6) If subsection (19.3) applies, the information required under subsection (19.5) shall be made available to the public at a public meeting or in the manner set out in the official plan for informing and obtaining the views of the public in respect of the proposed amendments. 2006, c. 23, s. 9 (2).
(20) Any person or public body may make written submissions to the council before a plan is adopted. 1996, c. 4, s. 9.
(21) The council shall provide to any person or public body that the council considers may have an interest in the plan adequate information and material, including a copy of the plan and, before adopting the plan, shall give them an opportunity to submit comments on it up to the time specified by the council. 1996, c. 4, s. 9; 2006, c. 23, s. 9 (3).
Adoption of plan
(22) When the requirements of subsections (15) to (21), as appropriate, have been met and the council is satisfied that the plan as finally prepared is suitable for adoption, the council may by by-law adopt all or part of the plan and, unless the plan is exempt from approval, submit it for approval. 1996, c. 4, s. 9.
(23) The council shall, not later than 15 days after the day the plan was adopted, ensure that written notice is given of its adoption containing the prescribed information to,
(a) the appropriate approval authority, whether or not the plan is exempt from approval, unless the approval authority has notified the municipality that it does not wish to receive copies of the notices of adoption;
(b) each person or public body that filed with the clerk of the municipality a written request to be notified if the plan is adopted; and
(c) any other person or public body prescribed. 1996, c. 4, s. 9.
Right to appeal
(24) If the plan is exempt from approval, any of the following may, not later than 20 days after the day that the giving of notice under subsection (23) is completed, appeal all or part of the decision of council to adopt all or part of the plan to the Municipal Board by filing a notice of appeal with the clerk of the municipality:
1. A person or public body who, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.
3. The appropriate approval authority.
4. In the case of a request to amend the plan, the person or public body that made the request. 2006, c. 23, s. 9 (4).
No appeal re second unit policies
(24.1) Despite subsection (24), there is no appeal in respect of the policies described in subsection 16 (3), including, for greater certainty, any requirements or standards that are part of such policies. 2011, c. 6, Sched. 2, s. 3 (1).
(24.2) Subsection (24.1) does not apply to an official plan or official plan amendment adopted in accordance with subsection 26 (1). 2006, c. 23, s. 9 (4).
(25) The notice of appeal filed under subsection (24) must,
(a) set out the specific part of the plan to which the notice applies, if the notice does not apply to all of the plan;
(b) set out the reasons for the appeal; and
(c) be accompanied by the fee prescribed under the Ontario Municipal Board Act. 1996, c. 4, s. 9.
(26) For the purposes of subsections (24) and (36), the giving of written notice shall be deemed to be completed,
(a) where notice is given by personal service, on the day that the serving of all required notices is completed;
(b) where notice is given by mail, on the day that the mailing of all required notices is completed; and
(c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. 1996, c. 4, s. 9.
Decision final
(27) If no notice of appeal is filed under subsection (24) in respect of all or part of the decision of council and the time for filing appeals has expired,
(a) the decision of council or the part of the decision that is not the subject of an appeal is final; and
(b) the plan or part of the plan that was adopted and that is not the subject of an appeal comes into effect as an official plan or part of an official plan on the day after the last day for filing a notice of appeal. 1996, c. 4, s. 9.
(28) A sworn declaration of an employee of the municipality or of the approval authority that notice was given as required by subsection (23) or (35) or that no notice of appeal was filed under subsection (24) or (36) within the time allowed for appeal is conclusive evidence of the facts stated in it. 1996, c. 4, s. 9.
Forwarding of record, etc.
(29) If a notice of appeal under subsection (24) is filed, the clerk of the municipality shall ensure that,
(a) a record is compiled which includes the prescribed information and material;
(b) the record, the notice of appeal and the fee prescribed under the Ontario Municipal Board Act are forwarded to the Municipal Board within 15 days after the last day for filing a notice of appeal;
(c) the notice of appeal and the record are forwarded to the appropriate approval authority within 15 days after the last day for filing a notice of appeal, whether or not the plan is exempt from the requirement for an approval, unless the approval authority has notified the municipality that it does not wish to receive copies of the notices of appeal and the records; and
(d) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board. 1996, c. 4, s. 9; 1999, c. 12, Sched. M, s. 22 (2).
(29.1) Despite clause (29) (b), if all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn within 15 days after the last day for filing a notice of appeal, the municipality is not required to forward the materials described under clauses (29) (b) and (d) to the Municipal Board and under clause (29) (c) to the appropriate approval authority. 1999, c. 12, Sched. M, s. 22 (3).
Where appeals withdrawn
(29.2) If all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (30) (a) and (b) apply. 1999, c. 12, Sched. M, s. 22 (3).
Withdrawal of appeals
(30) If all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn and the time for filing appeals has expired, the secretary of the Municipal Board shall notify the clerk of the municipality that made the decision and,
(a) the decision or the part of the decision that was the subject of an appeal is final; and
(b) the plan or part of the plan that was adopted and in respect of which all appeals have been withdrawn comes into effect as an official plan or part of an official plan on the day the last outstanding appeal has been withdrawn. 1996, c. 4, s. 9.
(30.1) Subsection (30) also applies, with necessary modifications, when there is no longer any appeal with respect to a particular part of the decision of council as the result of a partial withdrawal of one or more appeals. 2006, c. 23, s. 9 (5).
(31) If the plan is not exempt from approval, the council shall cause to be compiled and forwarded to the approval authority, not later than 15 days after the day the plan was adopted, a record which shall include the prescribed information and material and any fee under section 69 or 69.1. 1996, c. 4, s. 9.
(32) An approval authority may require that a council provide such other information or material that the approval authority considers it may need. 1996, c. 4, s. 9.
Refusal to consider
(33) Until the approval authority has received the information, material and fee referred to in subsection (31),
(a) the approval authority may refuse to accept or further consider the plan; and
(b) the time period referred to in subsection (40) does not begin. 1996, c. 4, s. 9.
Action by approval authority
(34) The approval authority may confer with any person or public body that it considers may have an interest in the plan and may,
(a) approve, modify and approve as modified or refuse to approve a plan; or
(b) approve, modify and approve as modified or refuse to approve part or parts of the plan. 1996, c. 4, s. 9.
(35) If the approval authority makes a decision under subsection (34) it shall ensure that written notice of its decision containing the prescribed information is given to,
(a) the council or planning board that adopted the plan;
(b) each person or public body that made a written request to be notified of the decision;
(c) each municipality or planning board to which the plan would apply if approved; and
(d) any other person or public body prescribed. 1996, c. 4, s. 9.
Appeal to O.M.B.
(36) Any of the following may, not later than 20 days after the day that the giving of notice under subsection (35) is completed, appeal all or part of the decision of the approval authority to the Municipal Board by filing a notice of appeal with the approval authority:
Contents of notice
(37) The notice of appeal under subsection (36) must,
(a) set out the specific part or parts of the plan to which the notice of appeal applies unless the notice applies to all of the plan;
(38) If no notice of appeal is filed under subsection (36) in respect of all or part of the decision of the approval authority and the time for filing appeals has expired,
(a) the decision of the approval authority or the part of the decision that is not the subject of an appeal is final; and
(b) the plan or part of the plan that was approved and that is not the subject of an appeal comes into effect as an official plan or part of an official plan on the day after the last day for filing a notice of appeal. 1996, c. 4, s. 9.
(39) If all appeals made under subsection (36) in respect of all or part of the decision of the approval authority are withdrawn and if the time for filing notice of appeal has expired, the secretary of the Municipal Board shall notify the approval authority that made the decision and,
(a) the decision or that part of the decision that was the subject of the appeal is final; and
(b) the plan or part of the plan that was approved and in respect of which all the appeals have been withdrawn comes into effect as an official plan or part of an official plan on the day the last outstanding appeal has been withdrawn. 1996, c. 4, s. 9.
(40) If the approval authority fails to give notice of a decision in respect of all or part of a plan within 180 days after the day the plan is received by the approval authority, any person or public body may appeal to the Municipal Board with respect to all or any part of the plan in respect of which no notice of a decision was given by filing a notice of appeal with the approval authority. 1996, c. 4, s. 9; 2004, c. 18, s. 3 (1).
(41) A notice of appeal filed under subsection (40) must,
(a) set out the specific part of the plan to which the appeal applies, if the notice does not apply to all of the plan; and
(b) be accompanied by the fee prescribed under the Ontario Municipal Board Act. 1996, c. 4, s. 9.
Documents to O.M.B.
(42) If an approval authority receives a notice of appeal under subsection (36) or (40), it shall ensure that,
(b) the record, notice of appeal and the fee prescribed under the Ontario Municipal Board Act are forwarded to the Municipal Board within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, as the case may be; and
(c) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board. 1996, c. 4, s. 9.
(42.1) Despite clause (42) (b), if all appeals in respect of all or part of the plan are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, the approval authority is not required to forward the materials described under clauses (42) (b) and (c) to the Municipal Board. 1999, c. 12, Sched. M, s. 22 (3).
Appeals withdrawn, decision
(42.2) If all appeals made under subsection (36) in respect of all or part of the decision of the approval authority are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (39) (a) and (b) apply. 1999, c. 12, Sched. M, s. 22 (3).
Appeals withdrawn, plan
(42.3) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be. 1999, c. 12, Sched. M, s. 22 (3).
Appeals withdrawn
(43) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn, the Municipal Board shall notify the approval authority and the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be. 1996, c. 4, s. 9.
(44) On an appeal to the Municipal Board, the Board shall hold a hearing of which notice shall be given to such persons or such public bodies and in such manner as the Board may determine. 1996, c. 4, s. 9.
Restriction re adding parties
(44.1) Despite subsection (44), in the case of an appeal under subsection (24) or (36), only the following may be added as parties:
1. A person or public body who satisfies one of the conditions set out in subsection (44.2).
3. The appropriate approval authority. 2006, c. 23, s. 9 (7).
(44.2) The conditions mentioned in paragraph 1 of subsection (44.1) are:
1. Before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council.
2. The Municipal Board is of the opinion that there are reasonable grounds to add the person or public body as a party. 2006, c. 23, s. 9 (7).
New evidence at hearing
(44.3) This subsection applies if information and material that is presented at the hearing of an appeal under subsection (24) or (36) was not provided to the municipality before the council made the decision that is the subject of the appeal. 2006, c. 23, s. 9 (7).
(44.4) When subsection (44.3) applies, the Municipal Board may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council’s decision and, if the Board determines that it could have done so, it shall not be admitted into evidence until subsection (44.5) has been complied with and the prescribed time period has elapsed. 2006, c. 23, s. 9 (7).
Notice to council
(44.5) The Municipal Board shall notify the council that it is being given an opportunity to,
(a) reconsider its decision in light of the information and material; and
(b) make a written recommendation to the Board. 2006, c. 23, s. 9 (7).
Council’s recommendation
(44.6) The Municipal Board shall have regard to the council’s recommendation if it is received within the time period referred to in subsection (44.4), and may but is not required to do so if it is received afterwards. 2006, c. 23, s. 9 (7).
Conflict with SPPA
(44.7) Subsections (44.1) to (44.6) apply despite the Statutory Powers Procedure Act. 2006, c. 23, s. 9 (7).
Dismissal without hearing
(45) Despite the Statutory Powers Procedure Act and subsection (44), the Municipal Board may dismiss all or part of an appeal without holding a hearing on its own initiative or on the motion of any party if,
(a) it is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the plan or part of the plan that is the subject of the appeal could be approved or refused by the Board,
(ii) the appeal is not made in good faith or is frivolous or vexatious,
(iii) the appeal is made only for the purpose of delay, or
(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;
(b) Repealed: 2006, c. 23, s. 9 (10).
(c) the appellant has not provided written reasons with respect to an appeal under subsection (24) or (36);
(d) the appellant has not paid the fee prescribed under the Ontario Municipal Board Act; or
(e) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board. 1996, c. 4, s. 9; 2006, c. 23, s. 9 (8-10).
(45.1) Despite the Statutory Powers Procedure Act and subsection (44), the Municipal Board may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision. 2006, c. 23, s. 9 (11).
(46) Before dismissing all or part of an appeal, the Municipal Board shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (45) (e). 2000, c. 26, Sched. K, s. 5 (1).
(46.1) Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (45) or (45.1), as it considers appropriate. 2006, c. 23, s. 9 (12).
(47) If the Municipal Board dismisses all appeals made under subsection (24) or (36) in respect of all or part of a decision without holding a hearing and if the time for filing notices of appeal has expired, the secretary of the Municipal Board shall notify the clerk of the municipality or the approval authority and,
(b) any plan or part of the plan that was adopted or approved and in respect of which all the appeals have been dismissed comes into effect as an official plan or part of an official plan on the day after the day the last outstanding appeal has been dismissed. 1996, c. 4, s. 9.
(48) If the Municipal Board dismisses an appeal under subsection (40) without holding a hearing and if there is no other appeal in respect of the same matter, the secretary of the Board shall notify the approval authority and the approval authority may then proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be. 1996, c. 4, s. 9.
(49) If a notice of appeal under subsection (24), (36) or (40) is received by the Municipal Board, the Board may require that a municipality or approval authority transfer to the Board any other part of the plan that is not in effect and to which the notice of appeal does not apply. 1996, c. 4, s. 9.
Powers of O.M.B.
(50) On an appeal or a transfer, the Municipal Board may approve all or part of the plan as all or part of an official plan, make modifications to all or part of the plan and approve all or part of the plan as modified as an official plan or refuse to approve all or part of the plan. 1996, c. 4, s. 9.
(50.1) For greater certainty, subsection (50) does not give the Municipal Board power to approve or modify any part of the plan that,
(a) is in effect; and
(b) was not dealt with in the decision of council to which the notice of appeal relates. 2006, c. 23, s. 9 (13).
Matters of provincial interest
(51) Where an appeal is made to the Municipal Board under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the plan or the parts of the plan in respect of which the appeal is made, may so advise the Board in writing not later than 30 days before the day fixed by the Board for the hearing of the appeal and the Minister shall identify,
(a) the provisions of the plan by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected. 2004, c. 18, s. 3 (2).
No hearing or notice required
(52) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (51). 2004, c. 18, s. 3 (2).
Confirmation by L.G. in C.
(53) If the Municipal Board has received notice from the Minister under subsection (51), the decision of the Board is not final and binding in respect of the provisions identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of the provisions. 2004, c. 18, s. 3 (2).
Action of L.G. in C.
(54) The Lieutenant Governor in council may confirm, vary or rescind the decision of the Municipal Board in respect of the provisions of the plan identified in the notice and in doing so may direct the Minister to modify the provisions of the plan. 2004, c. 18, s. 3 (2).
17.1 (1) If an upper-tier municipality is the approval authority under section 17 in respect of the approval of official plans of lower-tier municipalities, the council may by by-law delegate all or any of the authority to approve amendments to official plans to a committee of council or to an appointed officer identified in the by-law by name or position occupied. 2002, c. 17, Sched. B, s. 6.
(2) A delegation of authority made by a council under subsection (1) may be subject to such conditions as the council by by-law provides. 1994, c. 23, s. 10.
Withdrawal of delegation
(3) A council may by by-law withdraw a delegation of authority made by it under subsection (1) and the withdrawal may be in respect of one or more requests for approval specified in the by-law or any or all requests for approval in respect of which a final disposition was not made by the committee or officer before the withdrawal. 1994, c. 23, s. 10.
18. (1) Where a plan is prepared by a planning board, the plan shall not be recommended to any council for adoption as an official plan unless it is approved by a vote of the majority of all the members of the planning board. R.S.O. 1990, c. P.13, s. 18 (1).
Submission of plan to council
(2) When the plan is approved by the planning board, the board shall submit a copy thereof, certified by the secretary-treasurer of the board to be a true copy,
(a) in the case of a plan prepared for a planning area, to the council of each municipality that is within the planning area; and
(b) in the case of a plan prepared at the request of a single municipality, to the council of that municipality,
together with a recommendation that it be adopted by the council. R.S.O. 1990, c. P.13, s. 18 (2).
(3) Each council to which the plan is submitted may, subject to subsections 17 (15) to (22), by by-law adopt the plan and the clerk of each municipality, the council of which adopted the plan, shall provide the secretary-treasurer of the planning board with a certified copy of the adopting by-law and shall comply with subsections 17 (23), (32), (33) and (34). R.S.O. 1990, c. P.13, s. 18 (3); 1994, c. 23, s. 11 (1); 1996, c. 4, s. 11 (1).
Submission of plan
(4) When the secretary-treasurer of the planning board has received a certified copy of an adopting by-law from a majority of the councils to which the plan was submitted, he or she shall, unless it is exempt from an approval, submit the plan for approval together with each certified copy of the adopting by-law and subsections 17 (31) to (50.1) apply with necessary modifications in respect of the plan as if the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality. 1996, c. 4, s. 11 (2); 2006, c. 23, s. 10 (1).
(5) Where a planning area consists of the whole of one or more municipalities and territory without municipal organization subsections 17 (15) to (50.1) apply, with necessary modifications, in respect of the part of the planning area that consists of territory without municipal organization as though the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality. R.S.O. 1990, c. P.13, s. 18 (5); 1994, c. 23, s. 11 (3); 1996, c. 4, s. 11 (3); 2006, c. 23, s. 10 (2).
19. In a planning area consisting solely of territory without municipal organization, section 17 applies with necessary modifications to a plan being prepared and adopted by a planning board and that is to come into effect as the official plan of the planning board as if the planning board were a council of a municipality and the secretary-treasurer were the clerk. 1996, c. 4, s. 12.
19.1 Sections 34 to 39 and 45 apply in respect of land within the planning area consisting of territory without municipal organization and the planning board shall be deemed to be a council of a local municipality and the secretary-treasurer of the planning board shall be deemed to be the clerk of the municipality for those purposes. 1994, c. 23, s. 12.
20. (1) A certified copy of the official plan shall be lodged in the office of the clerk of each municipality to which the plan or any part of the plan applies.
Who to lodge plan
(2) The lodging required by subsection (1) shall be carried out,
(a) in the case of an official plan that applies to only one municipality or part thereof or to only one municipality and territory without municipal organization, by the clerk of the municipality; and
(b) in the case of an official plan that applies to more than one municipality or parts thereof, by the clerk of the municipality that has the largest population.
(3) All copies lodged under subsection (1) shall be available for public inspection during office hours. R.S.O. 1990, c. P.13, s. 20.
21. (1) Except as hereinafter provided, the provisions of this Act with respect to an official plan apply, with necessary modifications, to amendments thereto or the repeal thereof, and the council of a municipality that is within a planning area may initiate an amendment to or the repeal of any official plan that applies to the municipality, and section 17 applies to any such amendment or repeal. R.S.O. 1990, c. P.13, s. 21 (1).
22. (1) If a person or public body requests a council to amend its official plan, the council shall,
(a) forward a copy of the request and the information and material required under subsections (4) and (5), if any to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and
(b) hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan. 1996, c. 4, s. 13; 2004, c. 18, s. 4 (1); 2006, c. 23, s. 11 (1).
Request to planning board
(2) If a person or public body requests a planning board to amend its official plan and the plan applies in whole or in part to territory without municipal organization, the planning board or council of the municipality having jurisdiction over the land to which the proposed amendment applies shall,
No open house or public meeting
(3) Despite subsections (1) and (2), the requirement to hold a public meeting under subsection 17 (15) does not apply if the council or the planning board refuses to adopt an amendment to its official plan requested by a person or public body. 2006, c. 23, s. 11 (3).
(3.1) The council or planning board,
(a) shall permit applicants to consult with the municipality or planning board, as the case may be, before submitting requests under subsection (1) or (2); and
(b) may, by by-law, require applicants to consult with the municipality or planning board as described in clause (a). 2006, c. 23, s. 11 (3).
Prescribed information
(4) A person or public body that requests an amendment to the official plan of a municipality or planning board shall provide the prescribed information and material to the council or planning board. 1996, c. 4, s. 13.
(5) A council or a planning board may require that a person or public body that requests an amendment to its official plan provide any other information or material that the council or planning board considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 11 (4).
Refusal and timing
(6) Until the council or planning board has received the information and material required under subsections (4) and (5), if any, and any fee under section 69,
(a) the council or planning board may refuse to accept or further consider the request for an amendment to its official plan; and
(b) the time periods referred to in paragraphs 1 and 2 of subsection (7.0.2) do not begin. 2006, c. 23, s. 11 (4).
Response re completeness of request
(6.1) Within 30 days after the person or public body that requests the amendment pays any fee under section 69, the council or planning board shall notify the person or public body that the information and material required under subsections (4) and (5), if any, have been provided, or that they have not been provided, as the case may be. 2006, c. 23, s. 11 (4).
Motion re dispute
(6.2) Within 30 days after a negative notice is given under subsection (6.1), the person or public body or the council or planning board may make a motion for directions to have the Municipal Board determine,
(a) whether the information and material have in fact been provided; or
(b) whether a requirement made under subsection (5) is reasonable. 2006, c. 23, s. 11 (4).
(6.3) If the council or planning board does not give any notice under subsection (6.1), the person or public body may make a motion under subsection (6.2) at any time after the 30-day period described in subsection (6.1) has elapsed. 2006, c. 23, s. 11 (4).
Notice of particulars and public access
(6.4) Within 15 days after the council or planning board gives an affirmative notice under subsection (6.1), or within 15 days after the Municipal Board advises the clerk of its affirmative decision under subsection (6.2), as the case may be, the council or planning board shall,
(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the request for amendment, accompanied by the prescribed information; and
(b) make the information and material provided under subsections (4) and (5) available to the public. 2006, c. 23, s. 11 (4).
(6.5) The Municipal Board’s determination under subsection (6.2) is not subject to appeal or review. 2006, c. 23, s. 11 (4).
Notice of refusal
(6.6) A council or planning board that refuses a request to amend its official plan shall, not later than 15 days after the day of the refusal, ensure that written notice of the refusal, containing the prescribed information, is given to,
(a) the person or public body that made the request;
(b) each person or public body that filed a written request to be notified of a refusal;
(c) the appropriate approval authority; and
(d) any prescribed person or public body. 2006, c. 23, s. 11 (4).
(7) When a person or public body requests an amendment to the official plan of a municipality or planning board, any of the following may appeal to the Municipal Board in respect of all or any part of the requested amendment, by filing a notice of appeal with the clerk of the municipality or the secretary-treasurer of the planning board, if one of the conditions set out in subsection (7.0.2) is met:
1. The person or public body that requested the amendment.
3. The appropriate approval authority. 2006, c. 23, s. 11 (5).
Consolidated Hearings Act
(7.0.1) Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an amendment requested under subsection (1) or (2) unless,
(a) one of the conditions set out in subsection (7.0.2) is met;
(b) if the plan is exempt from approval, the requested amendment has been adopted under subsection 17 (22);
(c) the approval authority makes a decision under subsection 17 (34); or
(d) the time period referred to in subsection 17 (40) has expired. 2006, c. 23, s. 11 (5).
(7.0.2) The conditions referred to in subsections (7) and (7.0.1) are:
1. The council or the planning board fails to adopt the requested amendment within 180 days after the day the request is received.
2. A planning board recommends a requested amendment for adoption and the council or the majority of the councils fails to adopt the requested amendment within 180 days after the day the request is received.
3. A council, a majority of the councils or a planning board refuses to adopt the requested amendment.
4. A planning board refuses to approve a requested amendment under subsection 18 (1). 2006, c. 23, s. 11 (5).
Time for appeal
(7.0.3) A notice of appeal under paragraph 3 or 4 of subsection (7.0.2) shall be filed no later than 20 days after the day that the giving of notice under subsection (6.6) is completed. 2006, c. 23, s. 11 (5).
Appeals restricted re certain amendments
(7.1) Despite subsection (7) and subsections 17 (36) and (40), there is no appeal in respect of,
(a) a refusal or failure to adopt an amendment described in subsection (7.2); or
(b) a refusal or failure to approve an amendment described in subsection (7.2). 2006, c. 23, s. 11 (6).
Application of subs. (7.1)
(7.2) Subsection (7.1) applies in respect of amendments requested under subsection (1) or (2) that propose to,
(a) alter all or any part of the boundary of an area of settlement in a municipality;
(b) establish a new area of settlement in a municipality; or
(c) amend or revoke the policies described in subsection 16 (3), including, for greater certainty, any requirements or standards that are part of such policies. 2006, c. 23, s. 11 (6); 2011, c. 6, Sched. 2, s. 4.
(7.3) If the official plan contains policies dealing with the removal of land from areas of employment, subsection (7.1) also applies in respect of amendments requested under subsection (1) or (2) that propose to remove any land from an area of employment, even if other land is proposed to be added. 2006, c. 23, s. 11 (6).
(7.4) Despite subsection (7.1), a person or public body may appeal to the Municipal Board in respect of all or any part of a requested amendment described in clause (7.2) (a) or (b) if the requested amendment,
(a) is in respect of the official plan of a lower-tier municipality; and
(b) conforms with the official plan of the upper-tier municipality. 2006, c. 23, s. 11 (6).
(8) A notice of appeal under subsection (7) shall,
(a) set out the specific part of the requested official plan amendment to which the appeal applies, if the notice of appeal does not apply to all of the requested amendment; and
(b) be accompanied by the fee prescribed under the Ontario Municipal Board Act. 1996, c. 4, s. 13.
Record and forwarding material
(9) The clerk of a municipality or the secretary-treasurer of a planning board who receives a notice of appeal under subsection (7) shall ensure that,
(b) the notice of appeal, the record and the fee are forwarded to the Municipal Board within 15 days after the notice is received;
(c) the notice of appeal and the record are forwarded to the appropriate approval authority within 15 days after the notice is received, whether or not the plan is exempt from approval, unless the approval authority has notified the municipality or the planning board that it does not wish to receive copies of the notices of appeal and the records; and
(d) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board. 1996, c. 4, s. 13; 1999, c. 12, Sched. M, s. 23 (1).
(9.1) Despite clause (9) (b), if all appeals under subsection (7) are withdrawn within 15 days after the notice of appeal is filed, the municipality or planning board is not required to forward the materials described under clauses (9) (b) and (d) to the Municipal Board or under clause (9) (c) to the appropriate approval authority. 1999, c. 12, Sched. M, s. 23 (2).
Appeals withdrawn, amendment
(9.2) If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the date that the most recent notice of appeal was filed, the council or planning board may, unless there are any outstanding appeals, proceed to give notice of the public meeting to be held under subsection 17 (15) or adopt or refuse to adopt the requested amendment, as the case may be. 2006, c. 23, s. 11 (7).
(9.3) If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or planning board is final on the day that the last outstanding appeal has been withdrawn. 2006, c. 23, s. 11 (7).
(10) A person or public body that files a notice of appeal under subsection (7) shall provide to the Municipal Board the prescribed information or material and such other information as the Board may require. 1996, c. 4, s. 13.
(11) Subsections 17 (44) to (44.7), (45), (45.1), (46), (46.1), (49), (50) and (50.1) apply with necessary modifications to a requested official plan amendment under this section, except that subsections 17 (44.1) to (44.7) and (45.1) do not apply to an appeal under subsection (7) of this section, brought in accordance with paragraph 1 or 2 of subsection (7.0.2). 2006, c. 23, s. 11 (8).
(11.1) Where an appeal is made to the Municipal Board under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the amendment or any part of the amendment in respect of which the appeal is made, may so advise the Board in writing not later than 30 days before the day fixed by the Board for the hearing of the appeal and the Minister shall identify,
(a) the provisions of the amendment or any part of the amendment by which the provincial interest is, or is likely to be, adversely affected; and
(11.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (11.1). 2004, c. 18, s. 4 (9).
(11.3) If the Municipal Board has received notice from the Minister under subsection (11.1), the decision of the Board is not final and binding in respect of the provisions of the amendment or the provisions of any part of the amendment identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of those provisions. 2004, c. 18, s. 4 (9).
(11.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board in respect of the provisions of the amendment or the provisions of any part of the amendment identified in the notice and in doing so may direct the Minister to modify the amendment to the plan. 2004, c. 18, s. 4 (9).
Withdrawal of appeal
(12) If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) are dismissed by the Municipal Board without holding a hearing or are withdrawn, the secretary of the Board shall notify the council or the planning board and the council or the planning board may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be. 1996, c. 4, s. 13; 2004, c. 18, s. 4 (10); 2006, c. 23, s. 11 (9).
(13) If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) are dismissed by the Municipal Board without holding a hearing or are withdrawn, the secretary of the Board shall notify the council or the planning board and the decision of the council or the planning board is final on the day that the last outstanding appeal has been withdrawn or dismissed. 1996, c. 4, s. 13; 2006, c. 23, s. 11 (10).
23. (1) Where the Minister is of the opinion that a matter of provincial interest as set out in a policy statement issued under section 3 is, or is likely to be, affected by an official plan, the Minister may request the council of a municipality to adopt such amendment as the Minister specifies to an official plan and, where the council refuses the request or fails to adopt the amendment within such time as is specified by the Minister in his or her request, the Minister may make the amendment. R.S.O. 1990, c. P.13, s. 23 (1).
Hearing by O.M.B.
(2) Where the Minister proposes to make an amendment to an official plan under subsection (1), the Minister may, and on the request of any person or municipality shall, request the Municipal Board to hold a hearing on the proposed amendment and the Board shall thereupon hold a hearing as to whether the amendment should be made. R.S.O. 1990, c. P.13, s. 23 (2).
Refusal to refer to O.M.B.
(3) Despite subsection (2), where the Minister is of the opinion that a request of any person or municipality made under subsection (2) is not made in good faith or is frivolous or vexatious or is made only for the purpose of delay, the Minister may refuse the request. R.S.O. 1990, c. P.13, s. 23 (3).
(4) Where the Minister has requested the Municipal Board to hold a hearing as provided for in subsection (2), notice of the hearing shall be given in such manner and to such persons as the Board may direct, and the Board shall hear any submissions that any person may desire to bring to the attention of the Board. R.S.O. 1990, c. P.13, s. 23 (4).
Decision of O.M.B.
(5) The Municipal Board, after the conclusion of the hearing, shall make a decision as to whether the proposed amendment, or an alternative form of amendment, should be made but the decision is not final and binding unless the Lieutenant Governor in Council has confirmed it. R.S.O. 1990, c. P.13, s. 23 (5); 1994, c. 23, s. 15 (1); 2004, c. 18, s. 5 (1).
Powers of L.G. in C.
(6) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board made under subsection (5) and in doing so may direct the Minister to amend the plan in such manner as the Lieutenant Governor in Council may determine. 2004, c. 18, s. 5 (2).
24. (1) Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be passed for any purpose that does not conform therewith. R.S.O. 1990, c. P.13, s. 24 (1); 1999, c. 12, Sched. M, s. 24.
Pending amendments
(2) If a council or a planning board has adopted an amendment to an official plan, the council of any municipality or the planning board of any planning area to which the plan or any part of the plan applies may, before the amendment to the official plan comes into effect, pass a by-law that does not conform with the official plan but will conform with it if the amendment comes into effect. 2006, c. 23, s. 12.
(2.1) A by-law referred to in subsection (2),
(a) shall be conclusively deemed to have conformed with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect; and
(b) is of no force and effect, if the amendment to the official plan does not come into effect. 2006, c. 23, s. 12.
Preliminary steps that may be taken where proposed public work would not conform with official plan
(3) Despite subsections (1) and (2), the council of a municipality may take into consideration the undertaking of a public work that does not conform with the official plan and for that purpose the council may apply for any approval that may be required for the work, carry out any investigations, obtain any reports or take other preliminary steps incidental to and reasonably necessary for the undertaking of the work, but nothing in this subsection authorizes the actual undertaking of any public work that does not conform with an official plan. R.S.O. 1990, c. P.13, s. 24 (3).
Deemed conformity
(4) If a by-law is passed under section 34 by the council of a municipality or a planning board in a planning area in which an official plan is in effect and, within the time limited for appeal no appeal is taken or an appeal is taken and the appeal is withdrawn or dismissed or the by-law is amended by the Municipal Board or as directed by the Board, the by-law shall be conclusively deemed to be in conformity with the official plan, except, if the by-law is passed in the circumstances mentioned in subsection (2), the by-law shall be conclusively deemed to be in conformity with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect. 1994, c. 23, s. 16 (2); 1996, c. 4, s. 14 (2).
25. (1) If there is an official plan in effect in a municipality that includes provisions relating to the acquisition of land, which provisions have come into effect after the 28th day of June, 1974, the council may, in accordance with such provisions, acquire and hold land within the municipality for the purpose of developing any feature of the official plan, and any land so acquired or held may be sold, leased or otherwise disposed of when no longer required. R.S.O. 1990, c. P.13, s. 25 (1); 1994, c. 23, s. 17; 1996, c. 4, s. 15.
Contribution towards cost
(2) Any municipality may contribute towards the cost of acquiring land under this section. R.S.O. 1990, c. P.13, s. 25 (2).
26. (1) If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, not less frequently than every five years after the plan comes into effect as an official plan or after that part of a plan comes into effect as a part of an official plan, if the only outstanding appeals relate to those parts of the plan that propose to specifically designate land uses,
(a) revise the official plan as required to ensure that it,
(i) conforms with provincial plans or does not conflict with them, as the case may be,
(ii) has regard to the matters of provincial interest listed in section 2, and
(iii) is consistent with policy statements issued under subsection 3 (1); and
(b) revise the official plan, if it contains policies dealing with areas of employment, including, without limitation, the designation of areas of employment in the official plan and policies dealing with the removal of land from areas of employment, to ensure that those policies are confirmed or amended. 2006, c. 23, s. 13.
Effect of provincial plan conformity exercise
(2) For greater certainty, the council revises the official plan under subsection (1) if it,
(a) amends the official plan, in accordance with another Act, to conform with a provincial plan; and
(b) in the course of making amendments under clause (a), complies with clauses (1) (a) and (b) and with all the procedural requirements of this section. 2006, c. 23, s. 13.
Consultation and special meeting
(3) Before revising the official plan under subsection (1), the council shall,
(a) consult with the approval authority and with the prescribed public bodies with respect to the revisions that may be required; and
(b) hold a special meeting of council, open to the public, to discuss the revisions that may be required. 2006, c. 23, s. 13.
(4) Notice of every special meeting to be held under clause (3) (b) shall be published at least once a week in each of two separate weeks, and the last publication shall take place at least 30 days before the date of the meeting. 2006, c. 23, s. 13.
(5) The council shall have regard to any written submissions about what revisions may be required and shall give any person who attends the special meeting an opportunity to be heard on that subject. 2006, c. 23, s. 13.
No exemption from approval
(6) An order under subsection 17 (9) does not apply to an amendment made under subsection (1). 2006, c. 23, s. 13.
(7) Each time it revises the official plan under subsection (1), the council shall, by resolution, declare to the approval authority that the official plan meets the requirements of subclauses (1) (a) (i), (ii) and (iii). 2006, c. 23, s. 13.
Direction by approval authority
(8) Despite subsection (1), the approval authority may, at any time, direct the council of a municipality to undertake a revision of all or part of any official plan in effect in the municipality and when so directed the council shall cause the revision to be undertaken without undue delay. 2006, c. 23, s. 13.
Updating zoning by-laws
(9) No later than three years after a revision under subsection (1) or (8) comes into effect, the council of the municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the official plan. 2006, c. 23, s. 13.
Minister may request amendment to zoning by-law
(10) The Minister may, if he or she is of the opinion that a zoning by-law in effect in the municipality does not conform with the official plan as revised under subsection (1) or (8), request the council of the municipality to pass an amendment to the zoning by-law to achieve conformity. 2006, c. 23, s. 13.
27. (1) The council of a lower-tier municipality shall amend every official plan and every by-law passed under section 34, or a predecessor of it, to conform with a plan that comes into effect as the official plan of the upper-tier municipality. 2002, c. 17, Sched. B, s. 7.
Failure to make amendments
(2) If the official plan of an upper-tier municipality comes into effect as mentioned in subsection (1) and any official plan or zoning by-law is not amended as required by that subsection within one year from the day the plan comes into effect as the official plan, the council of the upper-tier municipality may amend the official plan of the lower-tier municipality or zoning by-law, as the case may be, in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one-year period as required. 2002, c. 17, Sched. B, s. 7.
Deemed by-law
(3) An amending by-law passed under subsection (2) by the council of an upper-tier municipality shall be deemed for all purposes to be a by-law passed by the council of the municipality that passed the by-law that was amended. 2002, c. 17, Sched. B, s. 7.
(4) In the event of a conflict between the official plan of an upper-tier municipality and the official plan of a lower-tier municipality, the plan of the upper-tier municipality prevails to the extent of the conflict but in all other respects the official plan of the lower-tier municipality remains in effect. 2002, c. 17, Sched. B, s. 7.
28. (1) In this section,
“community improvement” means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary; (“améliorations communautaires”)
“community improvement plan” means a plan for the community improvement of a community improvement project area; (“plan d’améliorations communautaires”)
“community improvement project area” means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason. (“zone d’améliorations communautaires”) R.S.O. 1990, c. P.13, s. 28 (1); 2001, c. 17, s. 7 (1, 2); 2006, c. 23, s. 14 (1).
(1.1) Without limiting the generality of the definition of “community improvement” in subsection (1), for greater certainty, it includes the provision of affordable housing. 2006, c. 23, s. 14 (2).
Designation of community improvement project area
(2) Where there is an official plan in effect in a local municipality or in a prescribed upper-tier municipality that contains provisions relating to community improvement in the municipality, the council may, by by-law, designate the whole or any part of an area covered by such an official plan as a community improvement project area. R.S.O. 1990, c. P.13, s. 28 (2); 2006, c. 23, s. 14 (3).
Acquisition and clearance of land
(3) When a by-law has been passed under subsection (2), the municipality may,
(a) acquire land within the community improvement project area with the approval of the Minister if the land is acquired before a community improvement plan mentioned in subsection (4) comes into effect and without the approval of the Minister if the land is acquired after the community improvement plan comes into effect;
(b) hold land acquired before or after the passing of the by-law within the community improvement project area; and
(c) clear, grade or otherwise prepare the land for community improvement. R.S.O. 1990, c. P.13, s. 28 (3); 2001, c. 17, s. 7 (3).
(4) When a by-law has been passed under subsection (2), the council may provide for the preparation of a plan suitable for adoption as a community improvement plan for the community improvement project area and the plan may be adopted and come into effect in accordance with subsections (5) and (5.1). 2006, c. 32, Sched. C, s. 47 (1).
Restriction re upper-tier municipality
(4.0.1) The community improvement plan of an upper-tier municipality may deal only with prescribed matters. 2006, c. 23, s. 14 (4).
(4.1)-(4.4) Repealed: 2006, c. 32, Sched. C, s. 47 (1).
(5) Subsections 17 (15), (17), (19) to (19.3), (19.5) to (24), (25) to (30.1), (44) to (47) and (49) to (50.1) apply, with necessary modifications, in respect of a community improvement plan and any amendments to it. 2006, c. 32, Sched. C, s. 47 (1).
(5.1) The Minister is deemed to be the approval authority for the purpose of subsection (5). 2006, c. 32, Sched. C, s. 47 (1).
(5.2) Despite subsection (5), if an official plan contains provisions describing the alternative measures mentioned in subsection 17 (19.3), subsections 17 (15), (17) and (19) to (19.2) do not apply in respect of the community improvement plan and any amendments to it, if the measures are complied with. 2006, c. 32, Sched. C, s. 47 (1).
Powers of council re land
(6) For the purpose of carrying out a community improvement plan that has come into effect, the municipality may,
(a) construct, repair, rehabilitate or improve buildings on land acquired or held by it in the community improvement project area in conformity with the community improvement plan, and sell, lease or otherwise dispose of any such buildings and the land appurtenant thereto;
(b) sell, lease or otherwise dispose of any land acquired or held by it in the community improvement project area to any person or governmental authority for use in conformity with the community improvement plan. R.S.O. 1990, c. P.13, s. 28 (6); 2001, c. 17, s. 7 (6).
Grants or loans re eligible costs
(7) For the purpose of carrying out a municipality’s community improvement plan that has come into effect, the municipality may make grants or loans, in conformity with the community improvement plan, to registered owners, assessed owners and tenants of lands and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the eligible costs of the community improvement plan. 2006, c. 23, s. 14 (8).
Eligible costs
(7.1) For the purposes of subsection (7), the eligible costs of a community improvement plan may include costs related to environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes or for the provision of energy efficient uses, buildings, structures, works, improvements or facilities. 2006, c. 23, s. 14 (8).
Grants or loans between upper and lower-tier municipalities
(7.2) The council of an upper-tier municipality may make grants or loans to the council of a lower-tier municipality and the council of a lower-tier municipality may make grants or loans to the council of the upper-tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate, but only if the official plan of the municipality making the grant or loan contains provisions relating to the making of such grants or loans. 2006, c. 23, s. 14 (8).
Maximum amount
(7.3) The total of the grants and loans made in respect of particular lands and buildings under subsections (7) and (7.2) and the tax assistance as defined in section 365.1 of the Municipal Act, 2001 or section 333 of the City of Toronto Act, 2006, as the case may be, that is provided in respect of the lands and buildings shall not exceed the eligible cost of the community improvement plan with respect to those lands and buildings. 2006, c. 23, s. 14 (8); 2006, c. 32, Sched. C, s. 48 (3).
(8) Repealed: 2006, c. 32, Sched. C, s. 47 (3).
Application of s. 32 (2, 3)
(9) Subsections 32 (2) and (3) apply with necessary modifications to any loan made under subsection (7) of this section. R.S.O. 1990, c. P.13, s. 28 (9).
Conditions of sale, etc.
(10) Until a by-law or amending by-law passed under section 34 after the adoption of the community improvement plan is in force in the community improvement project area, no land acquired, and no building constructed, by the municipality in the community improvement project area shall be sold, leased or otherwise disposed of unless the person or authority to whom it is disposed of enters into a written agreement with the municipality that the person or authority will keep and maintain the land and building and the use thereof in conformity with the community improvement plan until such a by-law or amending by-law is in force, but the municipality may, during the period of the development of the plan, lease any land or any building or part thereof in the area for any purpose, whether or not in conformity with the community improvement plan, for a term of not more than three years at any one time. R.S.O. 1990, c. P.13, s. 28 (10).
Registration of agreement
(11) An agreement concerning a grant or loan made under subsection (7) or an agreement entered into under subsection (10), may be registered against the land to which it applies and the municipality shall be entitled to enforce the provisions thereof against any party to the agreement and, subject to the provisions of the Registry Act and the Land Titles Act, against any and all subsequent owners or tenants of the land. R.S.O. 1990, c. P.13, s. 28 (11); 2006, c. 23, s. 14 (10).
(12) Despite subsection 408 (3) of the Municipal Act, 2001 or any regulation under section 256 of the City of Toronto Act, 2006, debentures issued by the municipality for the purpose of this section may be for such term of years as the debenture by-law, with the approval of the Municipal Board, provides. 2002, c. 17, Sched. B, s. 9; 2006, c. 32, Sched. C, s. 47 (4).
Dissolution of area
(13) When the council is satisfied that the community improvement plan has been carried out, the council may, by by-law, dissolve the community improvement project area. R.S.O. 1990, c. P.13, s. 28 (13).
29. (1) A municipality, with the approval of the Minister, may enter into agreement with any governmental authority or any agency thereof created by statute, for the carrying out of studies and the preparation and implementation of plans and programs for the development or improvement of the municipality.
Where approval of Minister not required
(2) Despite subsection (1), a municipality may enter into agreement with one or more other municipalities under subsection (1) without the approval of the Minister. R.S.O. 1990, c. P.13, s. 29.
30. The Minister, with the approval of the Lieutenant Governor in Council, and a municipality may enter into agreement providing for payment to the municipality on such terms and conditions and in such amounts as may be approved by the Lieutenant Governor in Council to assist in the community improvement of a community improvement project area as defined in section 28, including the carrying out of studies for the purpose of selecting areas for community improvement. R.S.O. 1990, c. P.13, s. 30.
31. Repealed: 1997, c. 24, s. 226 (1).
Note: Despite the repeal of section 31, an order made under that section is continued as an order made under the corresponding provision of the Building Code Act, 1992. See: 1997, c. 24, ss. 226 (2), 228.
32. (1) When a by-law under section 15.1 of the Building Code Act, 1992 is in force in a municipality, the council of the municipality may pass a by-law for providing for the making of grants or loans to the registered owners or assessed owners of lands in respect of which an order has been made under subsection 15.2 (2) of that Act to pay for the whole or any part of the cost of the repairs required to be done, or of the clearing, grading and levelling of the lands, on such terms and conditions as the council may prescribe. R.S.O. 1990, c. P.13, s. 32 (1); 1997, c. 24, s. 226 (3).
Loans collected as taxes, lien on land
(2) The amount of any loan made under a by-law passed under this section, together with interest at a rate to be determined by the council, may be added by the clerk of the municipality to the collector’s roll and collected in like manner as municipal taxes over a period fixed by the council, and such amount and interest shall, until payment thereof, be a lien or charge upon the land in respect of which the loan has been made.
Registration of certificate
(3) A certificate signed by the clerk of the municipality setting out the amount loaned to any owner under a by-law passed under this section, including the rate of interest thereon, together with a description of the land in respect of which the loan has been made, sufficient for registration, shall be registered in the proper land registry office against the land, and, upon repayment in full to the municipality of the amount loaned and interest thereon, a certificate signed by the clerk of the municipality showing such repayment shall be similarly registered, and thereupon the lien or charge upon the land in respect of which the loan was made is discharged. R.S.O. 1990, c. P.13, s. 32 (2, 3).
“dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; (“logement”)
“residential property” means a building that contains one or more dwelling units, but does not include subordinate or accessory buildings the use of which is incidental to the use of the main building. (“immeuble d’habitation”) R.S.O. 1990, c. P.13, s. 33 (1).
Establishment of demolition control area by by-law
(2) When a by-law under section 15.1 of the Building Code Act, 1992 or a predecessor thereof is in force in a municipality or when a by-law prescribing standards for the maintenance and occupancy of property under any special Act is in force in a municipality, the council of the local municipality may by by-law designate any area within the municipality to which the standards of maintenance and occupancy by-law applies as an area of demolition control and thereafter no person shall demolish the whole or any part of any residential property in the area of demolition control unless the person is the holder of a demolition permit issued by the council under this section. R.S.O. 1990, c. P.13, s. 33 (2); 1997, c. 24, s. 226 (4).
Council may issue or refuse to issue permit
(3) Subject to subsection (6), where application is made to the council for a permit to demolish residential property, the council may issue the permit or refuse to issue the permit.
(4) Where the council refuses to issue the permit or neglects to make a decision thereon within thirty days after the receipt by the clerk of the municipality of the application, the applicant may appeal to the Municipal Board and the Board shall hear the appeal and either dismiss the same or direct that the demolition permit be issued, and the decision of the Board shall be final.
(5) The person appealing to the Municipal Board under subsection (4) shall, in such manner and to such persons as the Board may direct, give notice of the appeal to the Board.
Application for demolition permit where building permit issued
(6) Subject to subsection (7), the council shall, on application therefor, issue a demolition permit where a building permit has been issued to erect a new building on the site of the residential property sought to be demolished.
Conditions of demolition permit
(7) A demolition permit under subsection (6) may be issued on the condition that the applicant for the permit construct and substantially complete the new building to be erected on the site of the residential property proposed to be demolished by not later than such date as the permit specifies, such date being not less than two years from the day demolition of the existing residential property is commenced, and on the condition that on failure to complete the new building within the time specified in the permit, the clerk of the municipality shall be entitled to enter on the collector’s roll, to be collected in like manner as municipal taxes, such sum of money as the permit specifies, but not in any case to exceed the sum of $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.
Registration of notice
(8) Notice of any condition imposed under subsection (7) may be registered in the proper land registry office against the land to which it applies.
(9) Where the clerk of the municipality adds a sum of money to the collector’s roll under subsection (7), a certificate signed by the clerk setting out the sum added to the roll, together with a description of the land in respect of which the sum has been added to the roll, sufficient for registration, shall be registered in the proper land registry office against the land, and upon payment in full to the municipality of the sum added to the roll, a certificate signed by the clerk of the municipality showing such payment shall be similarly registered, and thereupon the lien or charge upon the land in respect of which the sum was added to the roll is discharged.
(10) Where an applicant for a demolition permit under subsection (6) is not satisfied as to the conditions on which the demolition permit is proposed to be issued, the applicant may appeal to the Municipal Board for a variation of the conditions and, where an appeal is brought, the Board shall hear the appeal and may dismiss the same or may direct that the conditions upon which the permit shall be issued be varied in such manner as the Board considers appropriate, and the decision of the Board shall be final.
Application to council for relief from conditions of demolition permit
(11) Where a condition has been imposed under subsection (7) and the holder of the demolition permit considers that it is not possible to complete the new building within the time specified in the permit or where the holder of the permit is of the opinion that the construction of the new building has become not feasible on economic or other grounds, the permit holder may apply to the council of the municipality for relief from the conditions on which the permit was issued.
Notice of application
(12) Notice of application under subsection (11) shall be sent by registered mail to the clerk of the municipality not less than sixty days before the time specified in the permit for the completion of the new building and, where the council under subsection (14) extends the time for completion of the new building, application may similarly be made for relief by sending notice of application not less than sixty days before the expiry of the extended completion time.
(13) Despite subsection (12), the council may, at any time, extend the date specified in that subsection for the making of an application for relief from the conditions on which the permit was issued.
Powers of council on application
(14) Where an application is made under subsection (11), the council shall consider the application and may grant the same or may extend the time for completion of the new building for such period of time and on such terms and conditions as the council considers appropriate or the council may relieve the person applying from the requirement of constructing the new building.
(15) Any person who has made application to the council under subsection (11) may appeal from the decision of the council to the Municipal Board within twenty days of the mailing of the notice of the decision, or where the council refuses or neglects to make a decision thereon within thirty days after the receipt by the clerk of the application, the applicant may appeal to the Municipal Board and the Board shall hear the appeal and the Board on the appeal has the same powers as the council has under subsection (14) and the decision of the Board shall be final.
(16) Every person who demolishes a residential property, or any portion thereof, in contravention of subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for each dwelling unit contained in the residential property, the whole or any portion of which residential property has been demolished.
Standards for health and safety remain in force
(17) The provisions of any general or special Act and any by-law passed thereunder respecting standards relating to the health or safety of the occupants of buildings and structures remain in full force and effect in respect of residential property situate within an area of demolition control. R.S.O. 1990, c. P.13, s. 33 (3-17).
Certain proceedings stayed
(18) Subject to subsection (17), an application to the council for a permit to demolish any residential property operates as a stay to any proceedings that may have been initiated under any by-law under section 15.1 of the Building Code Act, 1992 or a predecessor thereof or under any special Act respecting maintenance or occupancy standards in respect of the residential property sought to be demolished, until the council disposes of the application, or where an appeal is taken under subsection (4), until the Municipal Board has heard the appeal and issued its order thereon. R.S.O. 1990, c. P.13, s. 33 (18); 1997, c. 24, s. 226 (5).
Exemption re Building Code
(19) Where a permit to demolish residential property is obtained under this section, it is not necessary for the holder thereof to obtain the permit mentioned in subsection 8 (1) of the Building Code Act, 1992. R.S.O. 1990, c. P.13, s. 33 (19); 1997, c. 24, s. 226 (6).
34. (1) Zoning by-laws may be passed by the councils of local municipalities:
Restricting use of land
1. For prohibiting the use of land, for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or abutting on any defined highway or part of a highway.
Restricting erecting, locating or using of buildings
2. For prohibiting the erecting, locating or using of buildings or structures for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or upon land abutting on any defined highway or part of a highway.
Marshy lands, etc.
3. For prohibiting the erection of any class or classes of buildings or structures on land that is subject to flooding or on land with steep slopes, or that is rocky, low-lying, marshy, unstable, hazardous, subject to erosion or to natural or artificial perils.
Contaminated lands; sensitive or vulnerable areas
3.1 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures on land,
i. that is contaminated,
ii. that contains a sensitive groundwater feature or a sensitive surface water feature, or
iii. that is within an area identified as a vulnerable area in a drinking water source protection plan that has taken effect under the Clean Water Act, 2006.
Natural features and areas
3.2 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures within any defined area or areas,
i. that is a significant wildlife habitat, wetland, woodland, ravine, valley or area of natural and scientific interest,
ii. that is a significant corridor or shoreline of a lake, river or stream, or
iii. that is a significant natural corridor, feature or area.
Significant archaeological resources
3.3 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures on land that is the site of a significant archaeological resource.
Construction of buildings or structures
4. For regulating the type of construction and the height, bulk, location, size, floor area, spacing, character and use of buildings or structures to be erected or located within the municipality or within any defined area or areas or upon land abutting on any defined highway or part of a highway, and the minimum frontage and depth of the parcel of land and the proportion of the area thereof that any building or structure may occupy.
Minimum elevation of doors, etc.
5. For regulating the minimum elevation of doors, windows or other openings in buildings or structures or in any class or classes of buildings or structures to be erected or located within the municipality or within any defined area or areas of the municipality.
Loading or parking facilities
6. For requiring the owners or occupants of buildings or structures to be erected or used for a purpose named in the by-law to provide and maintain loading or parking facilities on land that is not part of a highway. R.S.O. 1990, c. P.13, s. 34 (1); 1994, c. 23, s. 21 (1, 2); 1996, c. 4, s. 20 (1-3); 2006, c. 22, s. 115.
Pits and quarries
(2) The making, establishment or operation of a pit or quarry shall be deemed to be a use of land for the purposes of paragraph 1 of subsection (1). R.S.O. 1990, c. P.13, s. 34 (2).
Area, density and height
(3) The authority to regulate provided in paragraph 4 of subsection (1) includes and, despite the decision of any court, shall be deemed always to have included the authority to regulate the minimum area of the parcel of land mentioned therein and to regulate the minimum and maximum density and the minimum and maximum height of development in the municipality or in the area or areas defined in the by-law. 2006, c. 23, s. 15 (1).
(3.1) Subsection (3) does not apply with respect to the City of Toronto. 2006, c. 23, s. 15 (2).
(4) A trailer as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, and a mobile home as defined in subsection 46 (1) of this Act are deemed to be buildings or structures for the purpose of this section. 2006, c. 32, Sched. C, s. 47 (5).
Prohibition of use of land, etc., availability of municipal services
(5) A by-law passed under paragraph 1 or 2 of subsection (1) or a predecessor of that paragraph may prohibit the use of land or the erection or use of buildings or structures unless such municipal services as may be set out in the by-law are available to service the land, buildings or structures, as the case may be. R.S.O. 1990, c. P.13, s. 34 (5).
Certificates of occupancy
(6) A by-law passed under this section may provide for the issue of certificates of occupancy without which no change may be made in the type of use of any land covered by the by-law or of any building or structure on any such land, but no such certificate shall be refused if the proposed use is not prohibited by the by-law. R.S.O. 1990, c. P.13, s. 34 (6).
Use of maps
(7) Land within any area or areas or abutting on any highway or part of a highway may be defined by the use of maps to be attached to the by-law and the information shown on such maps shall form part of the by-law to the same extent as if included therein. R.S.O. 1990, c. P.13, s. 34 (7).
Acquisition and disposition of non-conforming lands
(8) The council may acquire any land, building or structure used or erected for a purpose that does not conform with a by-law passed under this section and any vacant land having a frontage or depth less than the minimum established for the erection of a building or structure in the defined area in which such land is situate, and the council may dispose of any of such land, building or structure or may exchange any of such land for other land within the municipality. R.S.O. 1990, c. P.13, s. 34 (8); 1996, c. 4, s. 20 (4).
Excepted lands and buildings
(9) No by-law passed under this section applies,
(a) to prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the by-law, so long as it continues to be used for that purpose; or
(b) to prevent the erection or use for a purpose prohibited by the by-law of any building or structure for which a permit has been issued under subsection 8 (1) of the Building Code Act, 1992, prior to the day of the passing of the by-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under subsection 8 (10) of that Act. R.S.O. 1990, c. P.13, s. 34 (9); 2009, c. 33, Sched. 21, s. 10 (1).
By-law may be amended
(10) Despite any other provision of this section, any by-law passed under this section or a predecessor of this section may be amended so as to permit the extension or enlargement of any land, building or structure used for any purpose prohibited by the by-law if such land, building or structure continues to be used in the same manner and for the same purpose as it was used on the day such by-law was passed. R.S.O. 1990, c. P.13, s. 34 (10).
(10.0.1) The council,
(a) shall permit applicants to consult with the municipality before submitting applications to amend by-laws passed under this section; and
(b) may, by by-law, require applicants to consult with the municipality as described in clause (a). 2006, c. 23, s. 15 (3).
(10.1) A person or public body that applies for an amendment to a by-law passed under this section or a predecessor of this section shall provide the prescribed information and material to the council. 1996, c. 4, s. 20 (5).
(10.2) A council may require that a person or public body that applies for an amendment to a by-law passed under this section or a predecessor of this section provide any other information or material that the council considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 15 (4).
(10.3) Until the council has received the information and material required under subsections (10.1) and (10.2), if any, and any fee under section 69,
(a) the council may refuse to accept or further consider the application for an amendment to the by-law; and
(b) the time period referred to in subsection (11) does not begin. 2006, c. 23, s. 15 (4).
Response re completeness of application
(10.4) Within 30 days after the person or public body that makes the application for an amendment to a by-law pays any fee under section 69, the council shall notify the person or public body that the information and material required under subsections (10.1) and (10.2), if any, have been provided, or that they have not been provided, as the case may be. 2006, c. 23, s. 15 (4).
(10.5) Within 30 days after a negative notice is given under subsection (10.4), the person or public body or the council may make a motion for directions to have the Municipal Board determine,
(b) whether a requirement made under subsection (10.2) is reasonable. 2006, c. 23, s. 15 (4).
(10.6) If the council does not give any notice under subsection (10.4), the person or public body may make a motion under subsection (10.5) at any time after the 30-day period described in subsection (10.4) has elapsed. 2006, c. 23, s. 15 (4).
(10.7) Within 15 days after the council gives an affirmative notice under subsection (10.4), or within 15 days after the Municipal Board advises the clerk of its affirmative decision under subsection (10.5), as the case may be, the council shall,
(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application for an amendment to a by-law, accompanied by the prescribed information; and
(b) make the information and material provided under subsections (10.1) and (10.2) available to the public. 2006, c. 23, s. 15 (4).
(10.8) The Municipal Board’s determination under subsection (10.5) is not subject to appeal or review. 2006, c. 23, s. 15 (4).
(10.9) When a council refuses an application to amend its by-law, it shall, not later than 15 days after the day of the refusal, ensure that written notice of the refusal, containing the prescribed information, is given to,
(a) the person or public body that made the application;
(b) each person and public body that filed a written request to be notified of a refusal; and
(c) any prescribed person or public body. 2006, c. 23, s. 15 (4).
(11) Where an application to the council for an amendment to a by-law passed under this section or a predecessor of this section is refused or the council refuses or neglects to make a decision on it within 120 days after the receipt by the clerk of the application, any of the following may appeal to the Municipal Board by filing a notice of appeal with the clerk of the municipality:
1. The applicant.
2. The Minister. 2006, c. 23, s. 15 (5).
(11.0.1) Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application for an amendment to a by-law unless the council has made a decision on the application or the time period referred to in subsection (11) has expired. 2006, c. 23, s. 15 (5).
(11.0.2) The Municipal Board shall hear the appeal under subsection (11) and shall,
(a) dismiss it;
(b) amend the by-law in such manner as the Board may determine; or
(c) direct that the by-law be amended in accordance with the Board’s order. 2006, c. 23, s. 15 (5).
Time for filing certain appeals
(11.0.3) A notice of appeal under subsection (11) with respect to the refusal of an application shall be filed no later than 20 days after the day that the giving of notice under subsection (10.9) is completed. 2006, c. 23, s. 15 (5).
(11.0.4) Despite subsection (11), there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to implement,
(a) an alteration to all or any part of the boundary of an area of settlement; or
(b) a new area of settlement. 2006, c. 23, s. 15 (5).
(11.0.5) Despite subsection (11), if the official plan contains policies dealing with the removal of land from areas of employment, there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to remove any land from an area of employment, even if other land is proposed to be added. 2006, c. 23, s. 15 (5).
(11.1) If all appeals under subsection (11) are withdrawn, the secretary of the Municipal Board shall notify the clerk of the municipality and the decision of the council is final and binding or the council may proceed to give notice of the public meeting or pass or refuse to pass the by-law, as the case may be. 1999, c. 12, Sched. M, s. 25 (1).
Information and public meeting; open house in certain circumstances
(12) Before passing a by-law under this section, except a by-law passed pursuant to an order of the Municipal Board made under subsection (11.0.2) or (26),
(a) the council shall ensure that,
(i) sufficient information and material is made available to enable the public to understand generally the zoning proposal that is being considered by the council, and
(ii) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed by-law; and
(b) in the case of a by-law that is required by subsection 26 (9) or is related to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under subclause (a) (i). 2006, c. 23, s. 15 (6); 2009, c. 33, Sched. 21, s. 10 (2).
(13) Notice of the public meeting required under subclause (12) (a) (ii) and of the open house, if any, required by clause (12) (b),
(a) shall be given to the prescribed persons and public bodies, in the prescribed manner; and
(b) shall be accompanied by the prescribed information. 2006, c. 23, s. 15 (6).
(14) The open house required by clause (12) (b) shall be held no later than seven days before the public meeting required under subclause (12) (a) (ii) is held. 2006, c. 23, s. 15 (6).
(14.1) The public meeting required under subclause (12) (a) (ii) shall be held no earlier than 20 days after the requirements for giving notice have been complied with. 2006, c. 23, s. 15 (6).
(14.2) Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law. 2006, c. 23, s. 15 (6).
(14.3) If an official plan sets out alternative measures for informing and securing the views of the public in respect of proposed zoning by-laws, and if those measures are complied with, subsections (12) to (14.2) do not apply to the proposed by-laws, but subsections (14.4) and (14.6) do apply. 2006, c. 23, s. 15 (6).
(14.4) If subsection (14.3) applies and the proposed by-law is required by subsection 26 (9) or is related to a development permit system,
(a) the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the proposed by-law; and
(b) if a public meeting is also held, the open house shall be held no later than seven days before the public meeting. 2006, c. 23, s. 15 (6).
(14.5) At a public meeting under subclause (12) (a) (ii), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (11) and (19). 2006, c. 23, s. 15 (6).
(14.6) If subsection (14.3) applies, the information required under subsection (14.5) shall be made available to the public at a public meeting or in the manner set out in the official plan for informing and securing the views of the public in respect of proposed zoning by-laws. 2006, c. 23, s. 15 (6).
Information to public bodies
(15) The council shall forward to such public bodies as the council considers may have an interest in the zoning proposal sufficient information to enable them to understand it generally and such information shall be forwarded not less than twenty days before passing a by-law implementing the proposal. R.S.O. 1990, c. P.13, s. 34 (15); 1994, c. 23, s. 21 (5).
(16) If the official plan in effect in a municipality contains policies relating to zoning with conditions, the council of the municipality may, in a by-law passed under this section, permit a use of land or the erection, location or use of buildings or structures and impose one or more prescribed conditions on the use, erection or location. 2006, c. 23, s. 15 (7).
(16.1) The prescribed conditions referred to in subsection (16) may be made subject to such limitations as may be prescribed. 2006, c. 23, s. 15 (7).
(16.2) When a prescribed condition is imposed under subsection (16),
(a) the municipality may require an owner of land to which the by-law applies to enter into an agreement with the municipality relating to the condition;
(b) the agreement may be registered against the land to which it applies; and
(c) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 2006, c. 23, s. 15 (7).
(16.3) Subsections (16), (16.1) and (16.2) do not apply with respect to the City of Toronto. 2006, c. 23, s. 15 (8).
Further notice
(17) Where a change is made in a proposed by-law after the holding of the public meeting mentioned in subclause (12) (a) (ii), the council shall determine whether any further notice is to be given in respect of the proposed by-law and the determination of the council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by-law. R.S.O. 1990, c. P.13, s. 34 (17); 2006, c. 23, s. 15 (9).
Notice of passing of by-law
(18) If the council passes a by-law under this section, except a by-law passed pursuant to an order of the Municipal Board made under subsection (11.0.2) or (26), the clerk of the municipality shall give written notice of the passing of the by-law not later than 15 days after the day the by-law is passed in the manner and in the form and to the persons or public bodies prescribed and the notice shall contain the prescribed information. 1994, c. 23, s. 21 (7); 1996, c. 4, s. 20 (7); 2009, c. 33, Sched. 21, s. 10 (3).
(19) Not later than 20 days after the day that the giving of notice as required by subsection (18) is completed, any of the following may appeal to the Municipal Board by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee prescribed under the Ontario Municipal Board Act:
2. A person or public body who, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council.
3. The Minister. 2006, c. 23, s. 15 (10).
(19.1) Despite subsection (19), there is no appeal in respect of a by-law that gives effect to the policies described in subsection 16 (3), including, for greater certainty, no appeal in respect of any requirement or standard in such a by-law. 2011, c. 6, Sched. 2, s. 5.
When giving of notice deemed completed
(20) For the purposes of subsection (19), the giving of written notice shall be deemed to be completed,
(a) where notice is given by publication in a newspaper, on the day that such publication occurs;
(b) where notice is given by personal service, on the day that the serving of all required notices is completed;
(c) where notice is given by mail, on the day that the mailing of all required notices is completed; and
(d) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. R.S.O. 1990, c. P.13, s. 34 (20); 1994, c. 23, s. 21 (9).
When by-law deemed to have come into force
(21) When no notice of appeal is filed under subsection (19), the by-law shall be deemed to have come into force on the day it was passed except that where the by-law is passed under circumstances mentioned in subsection 24 (2) the by-law shall not be deemed to have come into force on the day it was passed until the amendment to the official plan comes into effect. R.S.O. 1990, c. P.13, s. 34 (21); 1994, c. 23, s. 21 (10); 1996, c. 4, s. 20 (8).
Affidavit re no appeal, etc.
(22) An affidavit or declaration of an employee of the municipality that notice was given as required by subsection (18) or that no notice of appeal was filed under subsection (19) within the time allowed for appeal shall be conclusive evidence of the facts stated therein. R.S.O. 1990, c. P.13, s. 34 (22); 1996, c. 4, s. 20 (9).
(23) The clerk of a municipality who receives a notice of appeal under subsection (11) or (19) shall ensure that,
(a) a record that includes the prescribed information and material is compiled;
(b) the notice of appeal, record and fee are forwarded to the Municipal Board within 15 days after the last day for filing a notice of appeal under subsection (11.0.3) or (19), as the case may be; and
(c) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board. 2006, c. 23, s. 15 (11).
(23.1) If all appeals to the Municipal Board under subsection (19) are withdrawn and the time for appealing has expired, the secretary of the Board shall notify the clerk of the municipality and the decision of the council is final and binding. 1993, c. 26, s. 53 (3).
(23.2) Despite clause (23) (b), if all appeals under subsection (19) are withdrawn within 15 days after the last day for filing a notice of appeal, the municipality is not required to forward the materials described under clauses (23) (b) and (c) to the Municipal Board. 1999, c. 12, Sched. M, s. 25 (2).
(23.3) If all appeals to the Municipal Board under subsection (19) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council is final and binding. 1999, c. 12, Sched. M, s. 25 (2).
Hearing and notice thereof
(24) On an appeal to the Municipal Board, the Board shall hold a hearing of which notice shall be given to such persons or bodies and in such manner as the Board may determine. R.S.O. 1990, c. P.13, s. 34 (24).
(24.1) Despite subsection (24), in the case of an appeal under subsection (11) that relates to all or part of an application for an amendment to a by-law that is refused, or in the case of an appeal under subsection (19), only the following may be added as parties:
1. Before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council.
2. The Municipal Board is of the opinion that there are reasonable grounds to add the person or public body as a party. 2006, c. 23, s. 15 (12).
New information and material at hearing
(24.3) This subsection applies if information and material that is presented at the hearing of an appeal described in subsection (24.1) was not provided to the municipality before the council made the decision that is the subject of the appeal. 2006, c. 23, s. 15 (12).
(24.4) When subsection (24.3) applies, the Municipal Board may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council’s decision, and if the Board determines that it could have done so, it shall not be admitted into evidence until subsection (24.5) has been complied with and the prescribed time period has elapsed. 2006, c. 23, s. 15 (12).
(b) make a written recommendation to the Board. 2006, c. 23, s. 15 (12).
(24.6) The Municipal Board shall have regard to the council’s recommendation if it is received within the time period mentioned in subsection (24.4), and may but is not required to do so if it is received afterwards. 2006, c. 23, s. 15 (12).
(24.7) Subsections (24.1) to (24.6) apply despite the Statutory Powers Procedure Act. 2006, c. 23, s. 15 (12).
(25) Despite the Statutory Powers Procedure Act and subsections (11.0.2) and (24), the Municipal Board may dismiss all or part of an appeal without holding a hearing, on its own initiative or on the motion of any party, if,
(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Board could allow all or part of the appeal,
(a.1) Repealed: 2006, c. 23, s. 15 (15).
(b) the appellant has not provided written reasons for the appeal;
(c) the appellant has not paid the fee prescribed under the Ontario Municipal Board Act; or
(d) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board. 1994, c. 23, s. 21 (11); 1996, c. 4, s. 20 (11, 12); 2006, c. 23, s. 15 (13-15); 2009, c. 33, Sched. 21, s. 10 (4).
(25.1) Before dismissing all or part of an appeal, the Municipal Board shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (25) (d). 2000, c. 26, Sched. K, s. 5 (2).
(25.1.1) Despite the Statutory Powers Procedure Act and subsections (11.0.2) and (24), the Municipal Board may, on its own initiative or on the motion of the municipality or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision. 2006, c. 23, s. 15 (16).
(25.2) Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (25) or (25.1.1), as it considers appropriate. 2006, c. 23, s. 15 (17).
(26) The Municipal Board may,
(a) dismiss the appeal; or
(b) allow the appeal in whole or in part and repeal the by-law in whole or in part or amend the by-law in such manner as the Board may determine or direct the council of the municipality to repeal the by-law in whole or in part or to amend the by-law in accordance with the Board’s order. R.S.O. 1990, c. P.13, s. 34 (26).
(27) Where an appeal is made to the Municipal Board under subsection (11) or (19), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Board in writing not later than 30 days before the day fixed by the Board for the hearing of the appeal and the Minister shall identify,
(a) the part or parts of the by-law by which the provincial interest is, or is likely to be, adversely affected; and
No order to be made
(29) If the Municipal Board has received notice from the Minister under subsection (27) and has made a decision on the by-law, the Board shall not make an order under subsection (11.0.2) or (26) in respect of the part or parts of the by-law identified in the notice. 2004, c. 18, s. 6 (3); 2009, c. 33, Sched. 21, s. 10 (5).
(29.1) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law in whole or in part or amend the by-law in such a manner as the Lieutenant Governor in Council may determine. 2004, c. 18, s. 6 (3).
(30) If one or more appeals have been filed under subsection (19), the by-law does not come into force until all of such appeals have been withdrawn or finally disposed of, whereupon the by-law, except for those parts of it repealed or amended under subsection (26) or as are repealed or amended by the Lieutenant Governor in Council under subsection (29.1), shall be deemed to have come into force on the day it was passed. 1996, c. 4, s. 20 (13); 2004, c. 18, s. 6 (4).
Unappealed portions
(31) Despite subsection (30), before all of the appeals have been finally disposed of, the Municipal Board may make an order providing that any part of the by-law not in issue in the appeal shall be deemed to have come into force on the day the by-law was passed. 1993, c. 26, s. 53 (5).
(32) The Municipal Board may make an order under subsection (31) on its own initiative or on the motion of any person or public body. 1993, c. 26, s. 53 (5); 1996, c. 4, s. 20 (14); 2006, c. 23, s. 15 (18).
Notice and hearing
(a) dispense with giving notice of a motion under subsection (32) or require the giving of such notice of the motion as it considers appropriate; and
(b) make an order under subsection (31) after holding a hearing or without holding a hearing on the motion, as it considers appropriate. 1993, c. 26, s. 53 (5).
(34) Despite clause (33) (a), the Municipal Board shall give notice of a motion under subsection (32) to any person or public body who filed with the Board a written request to be notified if a motion is made. 1993, c. 26, s. 53 (5); 1994, c. 23, s. 21 (14).
35. (1) Repealed: 1996, c. 4, s. 21 (1).
(2) The authority to pass a by-law under section 34, subsection 38 (1) or section 41 does not include the authority to pass a by-law that has the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a building or structure or a part of a building or structure, including the occupancy or use as a single housekeeping unit. 1994, c. 2, s. 43.
Provision of no effect
(3) A provision in a by-law passed under section 34, subsection 38 (1) or section 41 or in an order made under subsection 47 (1) is of no effect to the extent that it contravenes the restrictions described in subsection (2). 1994, c. 2, s. 43; 1996, c. 4, s. 21 (2).
(4) Repealed: 1996, c. 4, s. 21 (3).
35.1 (1) The council of each local municipality shall ensure that the by-laws passed under section 34 give effect to the policies described in subsection 16 (3). 2011, c. 6, Sched. 2, s. 6.
(2) The Minister may make regulations,
(a) authorizing the use of residential units referred to in subsection 16 (3);
(b) establishing requirements and standards with respect to residential units referred to in subsection 16 (3). 2011, c. 6, Sched. 2, s. 6.
Regulation applies as zoning by-law
(3) A regulation under subsection (2) applies as though it is a by-law passed under section 34. 2011, c. 6, Sched. 2, s. 6.
Regulation prevails
(4) A regulation under subsection (2) prevails over a by-law passed under section 34 to the extent of any inconsistency, unless the regulation provides otherwise. 2011, c. 6, Sched. 2, s. 6.
(5) A regulation under subsection (2) may provide that a by-law passed under section 34 prevails over the regulation. 2011, c. 6, Sched. 2, s. 6.
Regulation may be general or particular
(6) A regulation under subsection (2) may be general or particular in its application and may be restricted to those municipalities or parts of municipalities set out in the regulation. 2011, c. 6, Sched. 2, s. 6.
36. (1) The council of a local municipality may, in a by-law passed under section 34, by the use of the holding symbol “H” (or “h”) in conjunction with any use designation, specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law. R.S.O. 1990, c. P.13, s. 36 (1).
(2) A by-law shall not contain the provisions mentioned in subsection (1) unless there is an official plan in effect in the local municipality that contains provisions relating to the use of the holding symbol mentioned in subsection (1). R.S.O. 1990, c. P.13, s. 36 (2).
(3) Where an application to the council for an amendment to the by-law to remove the holding symbol is refused or the council refuses or neglects to make a decision thereon within 120 days after receipt by the clerk of the application, the applicant may appeal to the Municipal Board and the Board shall hear the appeal and dismiss the same or amend the by-law to remove the holding symbol or direct that the by-law be amended in accordance with its order. R.S.O. 1990, c. P.13, s. 36 (3); 1994, c. 23, s. 22 (1); 2004, c. 18, s. 7 (1).
(3.1) Where an appeal is made to the Municipal Board under subsection (3), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Board in writing not later than 30 days before the day fixed by the Board for the hearing of the appeal and the Minister shall identify,
(3.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (3.1). 2004, c. 18, s. 7 (2).
(3.3) If the Municipal Board has received notice from the Minister under subsection (3.1) and has made a decision on the by-law, the Board shall not make an order under subsection (3) in respect of the part or parts of the by-law identified in the notice. 2004, c. 18, s. 7 (2).
(3.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law in whole or in part or amend the by-law in such a manner as the Lieutenant Governor in Council may determine. 2004, c. 18, s. 7 (2).
Application of subss. 34 (10.7, 10.9-25.1)
(4) Subsections 34 (10.7) and (10.9) to (25.1) do not apply to an amending by-law passed by the council to remove the holding symbol, but the council shall, in the manner and to the persons and public bodies and containing the information prescribed, give notice of its intention to pass the amending by-law. R.S.O. 1990, c. P.13, s. 36 (4); 1994, c. 23, s. 22 (2); 1996, c. 4, s. 22; 2009, c. 33, Sched. 21, s. 10 (6).
37. (1) The council of a local municipality may, in a by-law passed under section 34, authorize increases in the height and density of development otherwise permitted by the by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law.
(2) A by-law shall not contain the provisions mentioned in subsection (1) unless there is an official plan in effect in the local municipality that contains provisions relating to the authorization of increases in height and density of development.
(3) Where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters.
(4) Any agreement entered into under subsection (3) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land. R.S.O. 1990, c. P.13, s. 37.
38. (1) Where the council of a local municipality has, by by-law or resolution, directed that a review or study be undertaken in respect of land use planning policies in the municipality or in any defined area or areas thereof, the council of the municipality may pass a by-law (hereinafter referred to as an interim control by-law) to be in effect for a period of time specified in the by-law, which period shall not exceed one year from the date of the passing thereof, prohibiting the use of land, buildings or structures within the municipality or within the defined area or areas thereof for, or except for, such purposes as are set out in the by-law.
Extension of period by-law in effect
(2) The council of the municipality may amend an interim control by-law to extend the period of time during which it will be in effect, provided the total period of time does not exceed two years from the date of the passing of the interim control by-law. R.S.O. 1990, c. P.13, s. 38 (1, 2).
(3) No notice or hearing is required prior to the passing of a by-law under subsection (1) or (2) but the clerk of the municipality shall, in the manner and to the persons and public bodies and containing the information prescribed, give notice of a by-law passed under subsection (1) or (2) within thirty days of the passing thereof. R.S.O. 1990, c. P.13, s. 38 (3); 1994, c. 23, s. 23 (1).
(4) Any person or public body to whom notice of a by-law was given under subsection (3) may, within sixty days from the date of the passing of the by-law, appeal to the Municipal Board by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection. R.S.O. 1990, c. P.13, s. 38 (4); 1994, c. 23, s. 23 (2).
(5) If a notice of appeal is filed under subsection (4), subsections 34 (23) to (26) apply with necessary modifications to the appeal. 1996, c. 4, s. 23.
When prior zoning by-law again has effect
(6) Where the period of time during which an interim control by-law is in effect has expired and the council has not passed a by-law under section 34 consequent on the completion of the review or study within the period of time specified in the interim control by-law, or where an interim control by-law is repealed or the extent of the area covered thereby is reduced, the provisions of any by-law passed under section 34 that applied immediately prior to the coming into force of the interim control by-law again come into force and have effect in respect of all lands, buildings or structures formerly subject to the interim control by-law. R.S.O. 1990, c. P.13, s. 38 (6).
Where by-law appealed
(6.1) If the period of time during which an interim control by-law is in effect has expired and the council has passed a by-law under section 34 consequent on the completion of the review or study within the period of time specified in the interim control by-law, but there is an appeal of the by-law under subsection 34 (19), the interim control by-law continues in effect as if it had not expired until the date of the order of the Municipal Board or until the date of a notice issued by the secretary of the Board under subsection 34 (23.1) unless the interim control by-law is repealed. 1994, c. 23, s. 23 (3).
(7) Where an interim control by-law ceases to be in effect, the council of the municipality may not for a period of three years pass a further interim control by-law that applies to any lands to which the original interim control by-law applied.
(8) Subsection 34 (9) applies with necessary modifications to a by-law passed under subsection (1) or (2). R.S.O. 1990, c. P.13, s. 38 (7, 8).
39. (1) The council of a local municipality may, in a by-law passed under section 34, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law. R.S.O. 1990, c. P.13, s. 39 (1).
(1.1), (1.2) Repealed: 2002, c. 17, Sched. B, s. 11 (1).
Area and time in effect
(2) A by-law authorizing a temporary use under subsection (1) shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed three years from the day of the passing of the by-law. 2002, c. 17, Sched. B, s. 11 (2).
(3) Despite subsection (2), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized. R.S.O. 1990, c. P.13, s. 39 (3).
Non-application of cl. 34 (9) (a)
(4) Upon the expiry of the period or periods of time mentioned in subsections (2) and (3), clause 34 (9) (a) does not apply so as to permit the continued use of the land, buildings or structures for the purpose temporarily authorized. R.S.O. 1990, c. P.13, s. 39 (4).
39.1 (1) As a condition to passing a by-law authorizing the temporary use of a garden suite under subsection 39 (1), the council may require the owner of the suite or any other person to enter into an agreement with the municipality dealing with such matters related to the temporary use of the garden suite as the council considers necessary or advisable, including,
(a) the installation, maintenance and removal of the garden suite;
(b) the period of occupancy of the garden suite by any of the persons named in the agreement; and
(c) the monetary or other form of security that the council may require for actual or potential costs to the municipality related to the garden suite. 2002, c. 17, Sched. B, s. 12; 2009, c. 33, Sched. 21, s. 10 (7).
“garden suite” means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 2002, c. 17, Sched. B, s. 12.
(3) Despite subsection 39 (2), a by-law authorizing the temporary use of a garden suite shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed 20 years from the day of the passing of the by-law. 2011, c. 6, Sched. 2, s. 7.
(4) Despite subsection (3), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized. 2002, c. 17, Sched. B, s. 12.
(5) Upon the expiry of the period or periods of time mentioned in subsections (3) and (4), clause 34 (9) (a) does not apply so as to permit the continued use of the garden suite. 2002, c. 17, Sched. B, s. 12.
40. (1) Where an owner or occupant of a building is required under a by-law of a local municipality to provide and maintain parking facilities on land that is not part of a highway, the council of the municipality and such owner or occupant may enter into an agreement exempting the owner or occupant, to the extent specified in the agreement, from the requirement of providing or maintaining the parking facilities. R.S.O. 1990, c. P.13, s. 40 (1).
Payment of money
(2) An agreement entered into under subsection (1) shall provide for the making of one or more payments of money to the municipality as consideration for the granting of the exemption and shall set forth the basis upon which such payment is calculated. R.S.O. 1990, c. P.13, s. 40 (2).
(3) All money received by a municipality under an agreement entered into under this section shall be paid into a special account and,
(a) the money in that account shall be applied for the same purposes as a reserve fund established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be;
(b) the money in that account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be;
(c) earnings derived from the investment of the money in the special account shall be paid into that account; and
(d) the auditor of the municipality, in the auditor’s annual report, shall report on the activities and position of the account. 2002, c. 17, Sched. B, s. 13 (1); 2006, c. 32, Sched. C, s. 47 (6).
(4) An agreement entered into under this section may be registered in the proper land registry office against the land to which it applies and, when so registered, any money payable to the municipality under the agreement that has become due for payment shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be. 2002, c. 17, Sched. B, s. 13 (2); 2006, c. 32, Sched. C, s. 47 (7).
(5) When all money payable to the municipality under an agreement registered under subsection (4) has been paid, or such agreement has been terminated, the clerk of the municipality shall, at the request of the owner of the land, provide a certificate in a form registrable in the proper land registry office, certifying that the money has been paid or that the agreement has been terminated. R.S.O. 1990, c. P.13, s. 40 (5).
“development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of this Act. R.S.O. 1990, c. P.13, s. 41 (1); 1994, c. 4, s. 14; 2002, c. 17, Sched. B, s. 14 (1); 2006, c. 32, Sched. C, s. 47 (8).
(1.1) The definition of “development” in subsection (1) does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007. 2006, c. 23, s. 16 (1).
Establishment of site plan control area
(2) Where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area. R.S.O. 1990, c. P.13, s. 41 (2).
Designation of site plan control area
(3) A by-law passed under subsection (2) may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34. R.S.O. 1990, c. P.13, s. 41 (3).
(3.1) The council,
(a) shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4); and
Approval of plans or drawings
(4) No person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following:
1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a), including facilities designed to have regard for accessibility for persons with disabilities.
2. Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing less than twenty-five dwelling units, which drawings are sufficient to display,
(a) the massing and conceptual design of the proposed building;
(b) the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access;
(c) the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings;
(d) matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality;
(e) the sustainable design elements on any adjoining highway under a municipality’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality; and
(f) facilities designed to have regard for accessibility for persons with disabilities. R.S.O. 1990, c. P.13, s. 41 (4); 2002, c. 9, s. 56 (1); 2006, c. 23, s. 16 (3, 4); 2009, c. 33, Sched. 21, s. 10 (9).
Exclusions from site plan control
(4.1) The following matters relating to buildings described in paragraph 2 of subsection (4) are not subject to site plan control:
1. Interior design.
2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 (c) of subsection (4).
3. The manner of construction and standards for construction. 2006, c. 23, s. 16 (5).
Dispute about scope of site plan control
(4.2) The owner of land or the municipality may make a motion for directions to have the Municipal Board determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control. 2006, c. 23, s. 16 (5).
Drawings for residential buildings
(5) Despite the exception provided in paragraph 2 of subsection (4), the council of the municipality may require the drawings mentioned therein for a building to be used for residential purposes containing less than twenty-five dwelling units if the proposed building is to be located in an area specifically designated in the official plan mentioned in subsection (2) as an area wherein such drawings may be required. R.S.O. 1990, c. P.13, s. 41 (5).
Proviso
(6) Nothing in this section shall be deemed to confer on the council of the municipality power to limit the height or density of buildings to be erected on the land. R.S.O. 1990, c. P.13, s. 41 (6).
Conditions to approval of plans
(7) As a condition to the approval of the plans and drawings referred to in subsection (4), a municipality may require the owner of the land to,
(a) provide to the satisfaction of and at no expense to the municipality any or all of the following:
1. Subject to the provisions of subsections (8) and (9), widenings of highways that abut on the land.
2. Subject to the Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs.
3. Off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways.
4. Walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access.
4.1 Facilities designed to have regard for accessibility for persons with disabilities.
5. Facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon.
6. Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands.
7. Vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material.
8. Easements conveyed to the municipality for the construction, maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewage facilities and other public utilities of the municipality or local board thereof on the land.
9. Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon;
(b) maintain to the satisfaction of the municipality and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 of clause (a), including the removal of snow from access ramps and driveways, parking and loading areas and walkways;
(c) enter into one or more agreements with the municipality dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (d) and the maintenance thereof as mentioned in clause (b) or with the provision and approval of the plans and drawings referred to in subsection (4);
(c.1) enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection (4);
(d) subject to subsection (9.1), convey part of the land to the municipality to the satisfaction of and at no expense to the municipality for a public transit right of way. R.S.O. 1990, c. P.13, s. 41 (7); 1996, c. 4, s. 24 (1, 2); 2006, c. 23, s. 16 (6, 7).
Where area is in upper-tier municipality
(8) If an area designated under subsection (2) is within an upper-tier municipality, plans and drawings in respect of any development proposed to be undertaken in the area shall not be approved until the upper-tier municipality has been advised of the proposed development and afforded a reasonable opportunity to require the owner of the land to,
(a) provide to the satisfaction of and at no expense to the upper-tier municipality any or all of the following:
(i) subject to subsection (9), widenings of highways that are under the jurisdiction of the upper-tier municipality and that abut on the land,
(ii) subject to the Public Transportation and Highway Improvement Act, where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs,
(iii) where the land abuts a highway under the jurisdiction of the upper-tier municipality, offstreet vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways,
(iv) where the land abuts a highway under the jurisdiction of the upper-tier municipality, grading or alteration in elevation or contour of the land in relation to the elevation of the highway and provision for the disposal of storm and surface water from the land,
(v) where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities designed to have regard for accessibility for persons with disabilities;
(b) enter into one or more agreements with the upper-tier municipality dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (c) and the maintenance thereof at the sole risk and expense of the owner, including the removal of snow from access ramps and driveways and parking and loading areas;
(c) subject to subsection (9.1), convey part of the land to the upper-tier municipality to the satisfaction of and at no expense to the municipality for a public transit right of way. 2002, c. 17, Sched. B, s. 14 (2); 2006, c. 23, s. 16 (8).
Widening must be described in official plan
(9) An owner may not be required to provide a highway widening under paragraph 1 of clause (7) (a) or under paragraph 1 of clause (8) (a) unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described. R.S.O. 1990, c. P.13, s. 41 (9).
(9.1) An owner of land may not be required to convey land under clause (7) (d) or (8) (c) unless the public transit right of way to be provided is shown on or described in an official plan. 1994, c. 23, s. 24 (3); 1996, c. 4, s. 24 (3).
Registration of agreements
(10) Any agreement entered into under clause (7) (c) or (c.1) or under clause (8) (b) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land. R.S.O. 1990, c. P.13, s. 41 (10); 2002, c. 17, Sched. B, s. 14 (3); 2006, c. 23, s. 16 (9).
Application of Municipal Act, 2001 or City of Toronto Act, 2006
(11) Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be, applies to any requirements made under clauses (7) (a) and (b) and to any requirements made under an agreement entered into under clause (7) (c) or (c.1). R.S.O. 1990, c. P.13, s. 41 (11); 2002, c. 17, Sched. B, s. 14 (4); 2006, c. 23, s. 16 (10); 2006, c. 32, Sched. C, s. 47 (9).
(12) If the municipality fails to approve the plans or drawings referred to in subsection (4) within 30 days after they are submitted to the municipality or if the owner of the land is not satisfied with any requirement made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8) or with any part thereof, including the terms of any agreement required, the owner may require the plans or drawings or the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to be referred to the Municipal Board by written notice to the secretary of the Board and to the clerk of the municipality or upper-tier municipality, as appropriate. 2002, c. 17, Sched. B, s. 14 (5).
(12.1) The Municipal Board shall hear and determine the matter in issue and determine the details of the plans or drawings and determine the requirements, including the provisions of any agreement required, and the decision of the Board is final. 2002, c. 17, Sched. B, s. 14 (5).
Classes of development, delegation
(13) Where the council of a municipality has designated a site plan control area under this section, the council may, by by-law,
(a) define any class or classes of development that may be undertaken without the approval of plans and drawings otherwise required under subsection (4) or (5); and
(b) delegate to either a committee of the council or to an appointed officer of the municipality identified in the by-law either by name or position occupied, any of the council’s powers or authority under this section, except the authority to define any class or classes of development as mentioned in clause (a). R.S.O. 1990, c. P.13, s. 41 (13).
(14) Section 35a of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970, as it existed on the 21st day of June, 1979, shall be deemed to continue in force in respect of any by-law passed under that section on or before that day. R.S.O. 1990, c. P.13, s. 41 (14).
Certain agreements declared valid and binding
(15) Every agreement entered into by a municipality after the 16th day of December, 1973 and before the 22nd day of June, 1979, to the extent that the agreement deals with facilities and matters mentioned in subsection 35a (2) of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970, as it existed on the 21st day of June, 1979, is hereby declared to be valid and binding. R.S.O. 1990, c. P.13, s. 41 (15).
(16) This section does not apply to the City of Toronto, except for subsection (1.1), paragraph 1 of subsection (4), subparagraph 2 (f) of subsection (4) and paragraph 4.1 of clause (7) (a), which provisions apply with necessary modifications. 2006, c. 23, s. 16 (11).
42. (1) As a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes. R.S.O. 1990, c. P.13, s. 42 (1).
“dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals. R.S.O. 1990, c. P.13, s. 42 (2).
Alternative requirement
(3) Subject to subsection (4), as an alternative to requiring the conveyance provided for in subsection (1), in the case of land proposed for development or redevelopment for residential purposes, the by-law may require that land be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed or at such lesser rate as may be specified in the by-law. R.S.O. 1990, c. P.13, s. 42 (3).
Official plan requirement
(4) The alternative requirement authorized by subsection (3) may not be provided for in a by-law passed under this section unless there is an official plan in effect in the local municipality that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement. R.S.O. 1990, c. P.13, s. 42 (4).
Use and sale of land
(5) Land conveyed to a municipality under this section shall be used for park or other public recreational purposes, but may be sold at any time. R.S.O. 1990, c. P.13, s. 42 (5).
Payment instead of conveyance
(6) The council of a local municipality may require the payment of money to the value of the land otherwise required to be conveyed under this section in lieu of the conveyance. 2006, c. 23, s. 17 (1).
No building without payment
(6.1) If a payment is required under subsection (6), no person shall construct a building on the land proposed for development or redevelopment unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made. 2006, c. 23, s. 17 (1).
Redevelopment, reduction of payment
(6.2) If land in a local municipality is proposed for redevelopment, a part of the land meets sustainability criteria set out in the official plan and the conditions set out in subsection (6.3) are met, the council shall reduce the amount of any payment required under subsection (6) by the value of that part. 2006, c. 23, s. 17 (1).
(6.3) The conditions mentioned in subsection (6.2) are:
1. The official plan contains policies relating to the reduction of payments required under subsection (6).
2. No land is available to be conveyed for park or other public recreational purposes under this section. 2006, c. 23, s. 17 (1).
Determination of value
(6.4) For the purposes of subsections (6) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued. 2006, c. 23, s. 17 (1).
Where land conveyed
(7) If land has been conveyed or is required to be conveyed to a municipality for park or other public purposes or a payment of money in lieu of such conveyance has been received by the municipality or is owing to it under this section or a condition imposed under section 51.1 or 53, no additional conveyance or payment in respect of the land subject to the earlier conveyance or payment may be required by a municipality in respect of subsequent development or redevelopment unless,
(a) there is a change in the proposed development or redevelopment which would increase the density of development; or
(b) land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes. 1994, c. 23, s. 25.
(8) Despite clauses 74.1 (2) (h) and (i), subsection (7) does not apply to land proposed for development or redevelopment if, before this subsection comes into force, the land was subject to a condition that land be conveyed to a municipality for park or other public purposes or that a payment of money in lieu of such conveyance be made under this section or under section 51 or 53. 1994, c. 23, s. 25.
(9) If there is a change under clause (7) (a) or (b), the land that has been conveyed or is required to be conveyed or the payment of money that has been received or that is owing, as the case may be, shall be included in determining the amount of land or payment of money in lieu of it that may subsequently be required under this section on the development, further development or redevelopment of the lands or part of them in respect of which the original conveyance or payment was made. 1994, c. 23, s. 25.
(10) In the event of a dispute between a municipality and an owner of land on the value of land determined under subsection (6.4), either party may apply to the Municipal Board to have the value determined and the Board shall, in accordance as nearly as may be with the Expropriations Act, determine the value of the land and, if a payment has been made under protest under subsection (12), the Board may order that a refund be made to the owner. 1994, c. 23, s. 25; 2006, c. 23, s. 17 (2).
(11) In the event of a dispute between a municipality and an owner of land as to the amount of land or payment of money that may be required under subsection (9), either party may apply to the Municipal Board and the Board shall make a final determination of the matter. 1994, c. 23, s. 25.
Payment under protest
(12) If there is a dispute between a municipality and the owner of land under subsection (10), the owner may pay the amount required by the municipality under protest and shall make an application to the Municipal Board under subsection (10) within 30 days of the payment of the amount. 1994, c. 23, s. 25.
(13) If an owner of land makes a payment under protest and an application to the Municipal Board under subsection (12), the owner shall give notice of the application to the municipality within 15 days after the application is made. 1994, c. 23, s. 25.
Park purposes
(14) The council of a municipality may include in its estimates an amount to be used for the acquisition of land to be used for park or other public recreational purposes and may pay into the fund provided for in subsection (15) that amount, and any person may pay any sum into the same fund. 1994, c. 23, s. 25.
(15) All money received by the municipality under subsections (6) and (14) and all money received on the sale of land under subsection (5), less any amount spent by the municipality out of its general funds in respect of the land, shall be paid into a special account and spent only for the acquisition of land to be used for park or other public recreational purposes, including the erection, improvement or repair of buildings and the acquisition of machinery for park or other public recreational purposes. 1994, c. 23, s. 25; 2009, c. 33, Sched. 21, s. 10 (10).
(16) The money in the special account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and the earnings derived from the investment of the money shall be paid into the special account, and the auditor in the auditor’s annual report shall report on the activities and status of the account. 1994, c. 23, s. 25; 1996, c. 32, s. 82 (5); 2002, c. 17, Sched. B, s. 15; 2006, c. 32, Sched. C, s. 47 (10).
43. (1) Subsections 34 (12) to (34) do not apply to a by-law that amends a by-law only to express a word, term or measurement in the by-law in a unit of measurement set out in Schedule I of the Weights and Measures Act (Canada) in accordance with the definitions set out in Schedule II of that Act and that,
(a) does not round any measurement so expressed further than to the next higher or lower multiple of 0.5 metres or 0.5 square metres, as the case may be; or
(b) does not vary by more than 5 per cent any measurement so expressed. R.S.O. 1990, c. P.13, s. 43 (1); 1993, c. 26, s. 55.
Effect of amendment that conforms with subs. (1)
(2) Any land, building or structure that otherwise conforms with a by-law passed under section 34 or a predecessor thereof or an order made by the Minister under section 47 or a predecessor thereof does not cease to conform with the by-law or order by reason only of an amendment to the by-law or order that conforms with subsection (1). R.S.O. 1990, c. P.13, s. 43 (2).
44. (1) If a municipality has passed a by-law under section 34 or a predecessor of such section, the council of the municipality may by by-law constitute and appoint a committee of adjustment for the municipality composed of such persons, not fewer than three, as the council considers advisable. R.S.O. 1990, c. P.13, s. 44 (1).
Copy of by-law to Minister
(2) Where a by-law is passed under subsection (1), a certified copy of the by-law shall be sent to the Minister by registered mail by the clerk of the municipality within thirty days of the passing thereof. R.S.O. 1990, c. P.13, s. 44 (2).
(3) The members of the committee who are not members of a municipal council shall hold office for the term of the council that appointed them and the members of the committee who are members of a municipal council shall be appointed annually. R.S.O. 1990, c. P.13, s. 44 (3).
(4) Members of the committee shall hold office until their successors are appointed, and are eligible for reappointment, and, where a member ceases to be a member before the expiration of his or her term, the council shall appoint another eligible person for the unexpired portion of the term. R.S.O. 1990, c. P.13, s. 44 (4).
(5) Where a committee is composed of three members, two members constitute a quorum, and where a committee is composed of more than three members, three members constitute a quorum. R.S.O. 1990, c. P.13, s. 44 (5).
Vacancy not to impair powers
(6) Subject to subsection (5), a vacancy in the membership or the absence or inability of a member to act does not impair the powers of the committee or of the remaining members. R.S.O. 1990, c. P.13, s. 44 (6).
(7) The members of the committee shall elect one of themselves as chair, and, when the chair is absent through illness or otherwise, the committee may appoint another member to act as acting chair. R.S.O. 1990, c. P.13, s. 44 (7).
Secretary-treasurer, employees
(8) The committee shall appoint a secretary-treasurer, who may be a member of the committee, and may engage such employees and consultants as is considered expedient, within the limits of the money appropriated for the purpose. R.S.O. 1990, c. P.13, s. 44 (8).
(9) The members of the committee shall be paid such compensation as the council may provide. R.S.O. 1990, c. P.13, s. 44 (9).
Filing of documents, etc.
(10) The secretary-treasurer shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the committee, and section 253 of the Municipal Act, 2001 or section 199 of the City of Toronto Act, 2006, as the case may be, applies with necessary modifications to such documents. R.S.O. 1990, c. P.13, s. 44 (10); 2002, c. 17, Sched. B, s. 16; 2006, c. 32, Sched. C, s. 47 (11).
(11) In addition to complying with the requirements of this Act, the committee shall comply with such rules of procedure as are prescribed. R.S.O. 1990, c. P.13, s. 44 (11).
45. (1) The committee of adjustment, upon the application of the owner of any land, building or structure affected by any by-law that is passed under section 34 or 38, or a predecessor of such sections, or any person authorized in writing by the owner, may, despite any other Act, authorize such minor variance from the provisions of the by-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the committee the general intent and purpose of the by-law and of the official plan, if any, are maintained. R.S.O. 1990, c. P.13, s. 45 (1); 2006, c. 23, s. 18 (1); 2009, c. 33, Sched. 21, s. 10 (11).
(1.1) Subsection (1) does not allow the committee to authorize a minor variance from conditions imposed under subsection 34 (16) of this Act or under subsection 113 (2) of the City of Toronto Act, 2006. 2006, c. 23, s. 18 (2).
Other powers
(2) In addition to its powers under subsection (1), the committee, upon any such application,
(a) where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law, may permit,
(i) the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed, or a use permitted under subclause (ii) continued until the date of the application to the committee, but no permission may be given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the day the by-law was passed, or
(ii) the use of such land, building or structure for a purpose that, in the opinion of the committee, is similar to the purpose for which it was used on the day the by-law was passed or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the day the by-law was passed, if the use for a purpose prohibited by the by-law or another use for a purpose previously permitted by the committee continued until the date of the application to the committee; or
(b) where the uses of land, buildings or structures permitted in the by-law are defined in general terms, may permit the use of any land, building or structure for any purpose that, in the opinion of the committee, conforms with the uses permitted in the by-law. R.S.O. 1990, c. P.13, s. 45 (2).
Power of committee to grant minor variances
(3) A council that has constituted a committee of adjustment may by by-law empower the committee of adjustment to grant minor variances from the provisions of any by-law of the municipality that implements an official plan, or from such by-laws of the municipality as are specified and that implement an official plan, and when a committee of adjustment is so empowered subsection (1) applies with necessary modifications. R.S.O. 1990, c. P.13, s. 45 (3).
Time for hearing
(4) The hearing on any application shall be held within thirty days after the application is received by the secretary-treasurer. R.S.O. 1990, c. P.13, s. 45 (4).
(5) The committee, before hearing an application, shall in the manner and to the persons and public bodies and containing the information prescribed, give notice of the application. R.S.O. 1990, c. P.13, s. 45 (5); 1994, c. 23, s. 26 (1).
(6) The hearing of every application shall be held in public, and the committee shall hear the applicant and every other person who desires to be heard in favour of or against the application, and the committee may adjourn the hearing or reserve its decision. R.S.O. 1990, c. P.13, s. 45 (6).
Oaths
(7) The chair, or in his or her absence the acting chair, may administer oaths. R.S.O. 1990, c. P.13, s. 45 (7).
(8) No decision of the committee on an application is valid unless it is concurred in by the majority of the members of the committee that heard the application, and the decision of the committee, whether granting or refusing an application, shall be in writing and shall set out the reasons for the decision, and shall be signed by the members who concur in the decision. R.S.O. 1990, c. P.13, s. 45 (8).
Conditions in decision
(9) Any authority or permission granted by the committee under subsections (1), (2) and (3) may be for such time and subject to such terms and conditions as the committee considers advisable and as are set out in the decision. R.S.O. 1990, c. P.13, s. 45 (9).
Agreement re terms and conditions
(9.1) If the committee imposes terms and conditions under subsection (9), it may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions, and in that case the requirement shall be set out in the decision. 2006, c. 23, s. 18 (3).
(9.2) An agreement entered into under subsection (9.1) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. 2006, c. 23, s. 18 (3).
Notice of decision
(10) The secretary-treasurer shall not later than ten days from the making of the decision send one copy of the decision, certified by him or her,
(a) to the Minister, if the Minister has notified the committee by registered mail that he or she wishes to receive a copy of all decisions of the committee;
(b) to the applicant; and
(c) to each person who appeared in person or by counsel at the hearing and who filed with the secretary-treasurer a written request for notice of the decision,
together with a notice of the last day for appealing to the Municipal Board. R.S.O. 1990, c. P.13, s. 45 (10).
(11) Where the secretary-treasurer is required to send a copy of the decision to the Minister under subsection (10), he or she shall also send to the Minister such other information and material as may be prescribed. R.S.O. 1990, c. P.13, s. 45 (11).
(12) The applicant, the Minister or any other person or public body who has an interest in the matter may within 20 days of the making of the decision appeal to the Municipal Board against the decision of the committee by filing with the secretary-treasurer of the committee a notice of appeal setting out the objection to the decision and the reasons in support of the objection accompanied by payment to the secretary-treasurer of the fee prescribed by the Municipal Board under the Ontario Municipal Board Act as payable on an appeal from a committee of adjustment to the Board. 1994, c. 23, s. 26 (2).
(13) The secretary-treasurer of a committee, upon receipt of a notice of appeal filed under subsection (12), shall forthwith forward the notice of appeal and the amount of the fee mentioned in subsection (12) to the Municipal Board by registered mail together with all papers and documents filed with the committee of adjustment relating to the matter appealed from and such other documents and papers as may be required by the Board. R.S.O. 1990, c. P.13, s. 45 (13).
(13.1) Despite subsection (13), if all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the secretary-treasurer is not required to forward the materials described under subsection (13) to the Municipal Board. 1999, c. 12, Sched. M, s. 26.
(13.2) If all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the committee is final and binding and the secretary-treasurer of the committee shall notify the applicant and file a certified copy of the decision with the clerk of the municipality. 1999, c. 12, Sched. M, s. 26.
Where no appeal
(14) If within such 20 days no notice of appeal is given, the decision of the committee is final and binding, and the secretary-treasurer shall notify the applicant and shall file a certified copy of the decision with the clerk of the municipality. R.S.O. 1990, c. P.13, s. 45 (14); 1994, c. 23, s. 26 (3).
(15) Where all appeals to the Municipal Board are withdrawn, the decision of the committee is final and binding and the secretary of the Board shall notify the secretary-treasurer of the committee who in turn shall notify the applicant and file a certified copy of the decision with the clerk of the municipality. R.S.O. 1990, c. P.13, s. 45 (15); 1994, c. 23, s. 26 (4).
(16) On an appeal to the Municipal Board, the Board shall, except as provided in subsections (15) and (17), hold a hearing of which notice shall be given to the applicant, the appellant, the secretary-treasurer of the committee and to such other persons or public bodies and in such manner as the Board may determine. R.S.O. 1990, c. P.13, s. 45 (16); 1994, c. 23, s. 26 (5).
(17) Despite the Statutory Powers Procedure Act and subsection (16), the Municipal Board may dismiss all or part of an appeal without holding a hearing, on its own initiative or on the motion of any party, if,
(d) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board. 1994, c. 23, s. 26 (6); 2006, c. 23, s. 18 (4, 5).
(17.2) The Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (17), as it considers appropriate. 2000, c. 26, Sched. K, s. 5 (3).
(18) The Municipal Board may dismiss the appeal and may make any decision that the committee could have made on the original application. R.S.O. 1990, c. P.13, s. 45 (18).
Amended application
(18.1) On an appeal, the Municipal Board may make a decision on an application which has been amended from the original application if, before issuing its order, written notice is given to the persons and public bodies who received notice of the original application under subsection (5) and to other persons and agencies prescribed under that subsection. 1993, c. 26, s. 56; 1994, c. 23, s. 26 (7).
(18.1.1) The Municipal Board is not required to give notice under subsection (18.1) if, in its opinion, the amendment to the original application is minor. 1996, c. 4, s. 25 (1).
(18.2) Any person or public body who receives notice under subsection (18.1) may, not later than thirty days after the day that written notice was given, notify the Board of an intention to appear at the hearing or the resumption of the hearing, as the case may be. 1993, c. 26, s. 56; 1994, c. 23, s. 26 (8).
(18.3) If, after the expiry of the time period in subsection (18.2), no notice of intent has been received, the Board may issue its order. 1993, c. 26, s. 56.
(18.4) If a notice of intent is received, the Board may hold a hearing or resume the hearing on the amended application or it may issue its order without holding a hearing or resuming the hearing. 1996, c. 4, s. 25 (2).
(19) When the Municipal Board makes an order on an appeal, the secretary of the Board shall send a copy thereof to the applicant, the appellant and the secretary-treasurer of the committee. R.S.O. 1990, c. P.13, s. 45 (19).
(20) The secretary-treasurer shall file a copy of the order of the Municipal Board with the clerk of the municipality. R.S.O. 1990, c. P.13, s. 45 (20).
“land lease community home” means any dwelling that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling, but does not include a mobile home; (“maison de communauté de terrains à bail”)
“mobile home” means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; (“maison mobile”)
“parcel of land” means a lot or block within a registered plan of subdivision or any land that may be legally conveyed under the exemption provided in clause 50 (3) (b) or clause 50 (5) (a). (“parcelle de terrain”) R.S.O. 1990, c. P.13, s. 46 (1); 1994, c. 4, s. 15 (1).
One mobile home per parcel of land
(2) Unless otherwise authorized by a by-law in force under section 34 or an order of the Minister made under clause 47 (1) (a), or a permit issued under section 13 of the Public Lands Act, no person shall erect or locate or use or cause to be erected, located or used, a mobile home except on a parcel of land as defined in subsection (1), and in no case except as otherwise so authorized shall any person erect, locate or use or cause to be erected, located or used more than one mobile home on any such parcel of land. R.S.O. 1990, c. P.13, s. 46 (2).
One land lease community home per parcel of land
(2.1) Unless otherwise authorized by a by-law in force under section 34 or an order of the Minister made under clause 47 (1) (a), or a permit issued under section 13 of the Public Lands Act, no person shall construct or erect or locate or use or cause to be constructed, erected, located or used a land lease community home except on a parcel of land as defined in subsection (1), and in no case except as otherwise so authorized shall any person construct, erect, locate or use or cause to be constructed, erected, located or used more than one land lease community home on any such parcel of land. 1994, c. 4, s. 15 (2).
(3) This section does not apply to prevent the continued use in the same location of any mobile home that,
(a) was erected or located and in use prior to the 1st day of June, 1977; or
(b) was erected or located in accordance with a building permit issued prior to the 1st day of June, 1977. R.S.O. 1990, c. P.13, s. 46 (3).
(4) This section does not apply to prevent the continued use in the same location of any land lease community home that,
(a) was constructed, erected or located and in use prior to the day the Land Lease Statute Law Amendment Act, 1994 receives Royal Assent; or
(b) was constructed, erected or located in accordance with a building permit issued prior to the day the Land Lease Statute Law Amendment Act, 1994 receives Royal Assent. 1994, c. 4, s. 15 (3).
47. (1) The Minister may by order,
(a) in respect of any land in Ontario, exercise any of the powers conferred upon councils by section 34, 38 or 39, but subsections 34 (11) to (34) do not apply to the exercise of such powers; and
(b) in respect of any land in Ontario, exercise the powers conferred upon councils by subsection 50 (4). R.S.O. 1990, c. P.13, s. 47 (1); 1994, c. 23, s. 27 (1).
Power of Minister to allow minor variances
(2) Where an order has been made under clause (1) (a), the Minister, in respect of the lands affected by the order, has all the powers in respect of such order as a committee of adjustment has under subsections 45 (1) and (2) in respect of a by-law passed under section 34, but subsections 45 (4) to (8) and (10) to (20) do not apply to the exercise by the Minister of such powers. R.S.O. 1990, c. P.13, s. 47 (2).
Order prevails over by-law in event of conflict
(3) In the event of a conflict between an order made under clause (1) (a) and a by-law that is in effect under section 34 or 38, or a predecessor thereof, the order prevails to the extent of such conflict, but in all other respects the by-law remains in full force and effect. R.S.O. 1990, c. P.13, s. 47 (3).
Deemed by-law of municipality
(4) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in a municipality, the council of which has the powers conferred by section 34, shall be deemed for all purposes, except the purposes of section 24, to be and to always have been a by-law passed by the council of the municipality in which the land is situate. 2001, c. 9, Sched. J, s. 2 (1).
(5) No notice or hearing is required prior to the making of an order under subsection (1) but the Minister shall give notice of any such order within thirty days of the making thereof in such manner as the Minister considers proper and shall set out in the notice the provisions of subsections (8), (9) and (10). R.S.O. 1990, c. P.13, s. 47 (5).
(6) The Minister shall cause a duplicate or certified copy of an order made under clause (1) (a),
(a) where the land affected is situate in a local municipality, to be lodged in the office of the clerk of the municipality, or where the land affected is situate in two or more local municipalities, in the office of the clerk of each of such municipalities; and
(b) where the land affected is situate in territory without municipal organization, to be lodged in the proper land registry office, where it shall be made available to the public as a production. R.S.O. 1990, c. P.13, s. 47 (6); 2002, c. 17, Sched. B, s. 17.
(7) The Minister shall cause a certified copy or duplicate of an order made under clause (1) (b) to be registered in the proper land registry office. R.S.O. 1990, c. P.13, s. 47 (7).
Revocation or amendment
(8) The Minister may, on his or her own initiative or at the request of any person or public body, by order, amend or revoke in whole or in part any order made under subsection (1). R.S.O. 1990, c. P.13, s. 47 (8); 1994, c. 23, s. 27 (2).
(8.1) A request under subsection (8) shall include the prescribed information and material and such other information or material as the Minister may require. 1993, c. 26, s. 57 (2).
(8.2) The Minister may refuse to accept or further consider a request under subsection (8) until the prescribed information and material and the required fee are received. 1994, c. 23, s. 27 (3).
(9) Except as provided in subsection (10), the Minister before amending or revoking in whole or in part an order made under subsection (1) shall give notice or cause to be given notice thereof in such manner as the Minister considers proper and shall allow such period of time as he or she considers appropriate for the submission of representations in respect thereof. R.S.O. 1990, c. P.13, s. 47 (9).
(10) Where an application is made to the Minister to amend or revoke in whole or in part any order made under subsection (1), the Minister may, and on the request of any person or public body shall, request the Municipal Board to hold a hearing on the application and thereupon the Board shall hold a hearing as to whether the order should be amended or revoked in whole or in part. R.S.O. 1990, c. P.13, s. 47 (10); 1994, c. 23, s. 27 (4).
(10.1) A request for a hearing must set out the reasons for the request and be accompanied by the fee prescribed under the Ontario Municipal Board Act. 1994, c. 23, s. 27 (5).
Refusal to refer
(11) The Minister may refuse to refer a request under subsection (10) to the Municipal Board if,
(a) the Minister is of the opinion that,
(i) the reasons set out in the request do not disclose any apparent land use planning ground upon which the Municipal Board could amend or revoke or refuse to revoke all or part of the order,
(ii) the request is not made in good faith or is frivolous or vexatious, or
(iii) the request is made only for the purpose of delay;
(b) the person or public body requesting the hearing has not provided written reasons for the request. 1994, c. 23, s. 27 (6); 1996, c. 4, s. 26 (1).
(12) Where the Minister has requested the Municipal Board to hold a hearing as provided for in subsection (10), notice of the hearing shall be given in such manner and to such persons as the Board may direct, and the Board shall hear any submissions that any person may desire to bring to the attention of the Board. R.S.O. 1990, c. P.13, s. 47 (12).
(12.1) Despite the Statutory Powers Procedure Act and subsection (10), the Municipal Board may dismiss a request to hold a hearing without holding a hearing, on its own initiative or on the motion of any party, if,
(i) the reasons set out in the request do not disclose any apparent land use planning ground upon which the Board could amend or revoke or refuse to amend or revoke all or part of the order,
(ii) the request is not made in good faith or is frivolous or vexatious,
(iii) the request is made only for the purpose of delay, or
(iv) the person or public body requesting the hearing has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;
(b) the person or public body requesting the hearing has not provided written reasons for the request;
(c) the person or public body requesting the hearing has not paid the fee prescribed under the Ontario Municipal Board Act; or
(d) the person or public body requesting the hearing has not responded to a request by the Municipal Board for further information within the time specified by the Board. 1994, c. 23, s. 27 (7); 1996, c. 4, s. 26 (2); 2006, c. 23, s. 19 (1, 2).
(12.2) Before dismissing a request to hold a hearing, the Municipal Board shall notify the person or public body requesting the hearing and give the person or public body the opportunity to make representation on the proposed dismissal but this subsection does not apply if the person or public body has not complied with a request made under clause (12.1) (d). 2000, c. 26, Sched. K, s. 5 (4).
(12.3) The Municipal Board may dismiss a request after holding a hearing or without holding a hearing on the motion under subsection (12.1), as it considers appropriate. 2000, c. 26, Sched. K, s. 5 (4).
(13) The Municipal Board after the conclusion of the hearing shall make a decision to either amend or revoke the order in whole or in part or refuse to amend or revoke the order in whole or in part and the Minister shall give effect to the decision of the Board. R.S.O. 1990, c. P.13, s. 47 (13); 1996, c. 4, s. 26 (3).
Minister’s notice re matters of provincial interest
(13.1) If the Municipal Board has been requested to hold a hearing as provided for in subsection (10) and the Minister is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the requested amendment or revocation, the Minister may so notify the Board in writing, not later than 30 days before the day fixed by the Board for the hearing. 2006, c. 23, s. 19 (3).
(13.2) The Minister’s notice shall identify,
(a) the provisions of the order by whose amendment or revocation the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected. 2006, c. 23, s. 19 (3).
(13.3) The Minister is not required to give notice or to hold a hearing before giving notice under subsection (13.1). 2006, c. 23, s. 19 (3).
(13.4) If the Municipal Board receives notice from the Minister under subsection (13.1), the decision of the Board is not final and binding with respect to the amendment or revocation of provisions identified in the notice, until the Lieutenant Governor in Council confirms the decision in that respect. 2006, c. 23, s. 19 (3).
Power of Lieutenant Governor in Council
(13.5) The Lieutenant Governor in Council may confirm, vary or rescind the Municipal Board’s decision with respect to the amendment or revocation of provisions identified in the notice, and may direct the Minister to amend or revoke the order, in whole or in part. 2006, c. 23, s. 19 (3).
(14) A copy of the decision of the Municipal Board shall be sent to each person who appeared at the hearing and made representations and to any person who in writing requests a copy of the decision. R.S.O. 1990, c. P.13, s. 47 (14).
(15)-(17) Repealed: 1994, c. 23, s. 27 (8).
Effect of land use order
(18) An order of the Minister made under clause (1) (b) has the same effect as a by-law passed under subsection 50 (4). R.S.O. 1990, c. P.13, s. 47 (18).
(19) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in the planning area of a planning board shall be deemed to be and to always have been a by-law passed under section 34 by the planning board in which the land is situate. 2001, c. 9, Sched. J, s. 2 (2).
48. Despite the provisions of any other general or special Act, a licence, permit, approval or permission shall not be issued or granted nor any utility or service provided by a utilities distributor or a public or Crown agency in respect of any land, building or structure where the proposed use of the land or the erection or proposed use of the building or structure would be in contravention of section 46 or of an order made under section 47 or of a by-law passed by a planning board under section 34 or 38. R.S.O. 1990, c. P.13, s. 48; 1994, c. 23, s. 28; 2006, c. 23, s. 20.
“officer” means an officer who has been assigned the responsibility of enforcing section 46, orders of the Minister made under clause 47 (1) (a) or zoning by-laws passed under section 34.
Entry and inspection
(2) Subject to subsection (3), where an officer believes on reasonable grounds that section 46, an order of the Minister made under clause 47 (1) (a) or a by-law passed under section 34 or 38 is being contravened, the officer or any person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property on or in respect of which he or she believes the contravention is occurring. R.S.O. 1990, c. P.13, s. 49 (1, 2).
Where warrant required
(3) Except under the authority of a search warrant issued under section 49.1, an officer or any person acting under his or her instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. R.S.O. 1990, c. P.13, s. 49 (3); 1994, c. 2, s. 45 (1).
(4) No person shall obstruct or attempt to obstruct an officer or a person acting under the officer’s instructions in the exercise of a power under this section. 1994, c. 2, s. 45 (2).
49.1 (1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that,
(a) an offence under section 67 has been committed; and
(b) the entry and search will afford evidence relevant to the commission of the offence. 1994, c. 2, s. 46; 1997, c. 24, s. 226 (7).
(2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that, based on reasonable grounds, will afford evidence relevant to the commission of the offence.
Receipt and removal
(3) Anyone who seizes something under a search warrant shall,
(a) give a receipt for the thing seized to the person from whom it was seized; and
(b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.
(4) A search warrant shall name the date upon which it expires, which shall be not later than fifteen days after the warrant is issued.
Time of execution
(5) A search warrant shall be executed between 6 a.m. and 9 p.m. unless it provides otherwise.
(6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section. 1994, c. 2, s. 46.
50. (1) In this section and in section 53,
“consent” means,
(a) where land is situate in a lower-tier municipality, a consent given by the council of the upper-tier municipality,
(b) where land is situate in a single-tier municipality that is not in a territorial district, a consent given by the council of the single-tier municipality,
(c) where land is situate in a prescribed single-tier municipality that is in a territorial district, a consent given by the council of the single-tier municipality, and
(d) except as otherwise provided in clauses (a), (b) and (c), a consent given by the Minister. 2002, c. 17, Sched. B, s. 18.
References include delegates
(1.0.1) A reference in subsection (1) and in section 53 to the Minister includes a delegate of the Minister under sections 4 and 55 and a reference to a council includes a delegate of a council under section 54. 2002, c. 17, Sched. B, s. 18.
(1.1) The Minister may by order, accompanied by a written explanation for it, remove the powers of the council of a municipality under this section and sections 53 and 57 and the order may be in respect of one or more applications for a consent, an approval under subsection (18) or for a certificate of validation specified in the order or in respect of any or all applications for consents, approvals under subsection (18) or for certificates of validation made after the order is made. 1994, c. 23, s. 29 (2).
Minister to grant consents, etc.
(1.2) If an order is made under subsection (1.1), the Minister has the power of the council to grant consents, to give approvals under subsection (18) or to issue a certificate of validation in respect of applications to which the order relates and the council shall forward to the Minister all papers, plans, documents and other materials that relate to any matter in respect of which the powers were removed and of which a final disposition was not made by the council before the power was removed. 1994, c. 23, s. 29 (2).
(1.3) If the Minister revokes the order or part of the order made under subsection (1.1), the power to grant consents, give approvals under subsection (18) or issue certificates of validation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied. 1994, c. 23, s. 29 (2).
(1.4) If an order is made under subsection (1.1) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power which was removed from the council to grant consents, to give approvals under subsection (18) or to issue certificates of validation and the delegation may be subject to such conditions as the order provides. 1994, c. 23, s. 29 (2).
(1.5) If the Minister revokes the order or part of the order made under subsection (1.4), the power of the municipal planning authority to grant consents, to give approvals under subsection (18) or to issue certificates of validation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applies and the municipal planning authority shall forward to the Minister all papers, plans, documents and other materials that relate to any matter to which the revoked order or part of the order applies and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked. 1994, c. 23, s. 29 (2).
(2) For the purposes of this section, land shall be deemed and shall always have been deemed not to abut land that is being conveyed or otherwise dealt with if it abuts such land on a horizontal plane only. R.S.O. 1990, c. P.13, s. 50 (2).
Mining rights
(2.1) For the purposes of this section, land shall be deemed and shall always have been deemed to exclude mining rights in or under land but not mining rights on the land. 1994, c. 23, s. 29 (2).
Subdivision control
(3) No person shall convey land by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to land, or mortgage or charge land, or enter into an agreement of sale and purchase of land or enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless,
(a) the land is described in accordance with and is within a registered plan of subdivision;
(b) the grantor by deed or transfer, the person granting, assigning or exercising a power of appointment, the mortgagor or chargor, the vendor under an agreement of purchase and sale or the grantor of a use of or right in land, as the case may be, does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than land that is the whole of one or more lots or blocks within one or more registered plans of subdivision;
(c) the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Ontario or by any municipality;
(d) the land or any use of or right therein is being acquired for the purpose of an electricity distribution line, electricity transmission line, hydrocarbon distribution line or hydrocarbon transmission line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose;
(d.1) the land or any use of or right therein is being acquired, directly or by entitlement to renewal for a period of 21 or more years but not more than 50 years, for the purpose of a renewable energy generation facility or renewable energy project, and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose;
(e) the land or any use of or right therein is being acquired for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands under a project approved by the Minister of Natural Resources under section 24 of the Conservation Authorities Act and in respect of which an officer of the conservation authority acquiring the land or any use of or right therein has made a declaration that it is being acquired for any of such purposes, which shall be conclusive evidence that it is being acquired for such purpose;
(f) a consent is given to convey, mortgage or charge the land, or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land;
(g) the land or any use of or right therein was acquired for the purpose of an electricity distribution line, electricity transmission line, hydrocarbon distribution line or hydrocarbon transmission line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired; or
(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act. R.S.O. 1990, c. P.13, s. 50 (3); 1998, c. 15, Sched. E, s. 27 (4-6); 2006, c. 23, s. 21 (1); 2009, c. 12, Sched. K, s. 2 (1).
Designation of plans of subdivision not deemed registered
(4) The council of a local municipality may by by-law designate any plan of subdivision, or part thereof, that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purposes of subsection (3). R.S.O. 1990, c. P.13, s. 50 (4).
Part-lot control
(5) Where land is within a plan of subdivision registered before or after the coming into force of this section, no person shall convey a part of any lot or block of the land by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of a part of any lot or block of the land, or mortgage or charge a part of any lot or block of the land, or enter into an agreement of sale and purchase of a part of any lot or block of the land or enter into any agreement that has the effect of granting the use of or right in a part of any lot or block of the land directly or by entitlement to renewal for a period of twenty-one years or more unless,
(a) the grantor by deed or transfer, the person granting, assigning or exercising a power of appointment, the mortgagor or chargor, the vendor under an agreement of purchase and sale or the grantor of a use of or right in land, as the case may be, does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than land that is the whole of one or more lots or blocks within one or more registered plans of subdivision;
(b) the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Ontario or by any municipality;
(c) the land or any use of or right therein is being acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose;
(c.1) the land or any use of or right therein is being acquired, directly or by entitlement to renewal for a period of 21 or more years but not more than 50 years, for the purpose of a renewable energy generation facility or renewable energy project, and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose;
(d) the land or any use of or right therein is being acquired for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands under a project approved by the Minister of Natural Resources under section 24 of the Conservation Authorities Act and in respect of which an officer of the conservation authority acquiring the land or any use of or right therein has made a declaration that it is being acquired for any of such purposes, which shall be conclusive evidence that it is being acquired for such purpose;
(e) the land that is being conveyed, or otherwise dealt with is the remaining part of a lot or block, the other part of which was acquired by a body that has vested in it the right to acquire land by expropriation;
(f) a consent is given to convey, mortgage or charge the land or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land;
(g) the land or any use of or right therein was acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired; or
Conveyance of remaining part
(6) Despite subsections (3) and (5), where land is the remaining part of a parcel of land, the other part or parts of which parcel have been the subject of a consent given under clause (3) (f) or (5) (f), the whole of the remaining part may be conveyed or otherwise dealt with before the other part or parts are conveyed or otherwise dealt with, provided that the remaining part is conveyed or otherwise dealt with before the consent mentioned above lapses under subsection 53 (43). R.S.O. 1990, c. P.13, s. 50 (6); 1994, c. 23, s. 29 (3).
Designation of lands not subject to part-lot control
(7) Despite subsection (5), the council of a local municipality may by by-law provide that subsection (5) does not apply to land that is within such registered plan or plans of subdivision or parts of them as are designated in the by-law. 1996, c. 4, s. 27 (3).
Requirement for approval of by-law
(7.1) A by-law passed under subsection (7) does not take effect until it has been approved by the appropriate approval authority for the purpose of sections 51 and 51.1 in respect of the land covered by the by-law. 1996, c. 4, s. 27 (3).
Exemption from approval
(7.2) An approval under subsection (7.1) is not required if the council that passes a by-law under subsection (7) is authorized to approve plans of subdivision under section 51. 1996, c. 4, s. 27 (3).
Expiration of by-law
(7.3) A by-law passed under subsection (7) may provide that the by-law expires at the expiration of the time period specified in the by-law and the by-law expires at that time. 1996, c. 4, s. 27 (3).
Extension of time period
(7.4) The council of a local municipality may, at any time before the expiration of a by-law under subsection (7), amend the by-law to extend the time period specified for the expiration of the by-law and an approval under subsection (7.1) is not required. 1996, c. 4, s. 27 (3).
Amendment or repeal
(7.5) The council of a local municipality may, without an approval under subsection (7.1), repeal or amend a by-law passed under subsection (7) to delete part of the land described in it and, when the requirements of subsection (28) have been complied with, subsection (5) applies to the land affected by the repeal or amendment. 1996, c. 4, s. 27 (3).
(8) Nothing in subsections (3) and (5) prohibits, and subsections (3) and (5) shall be deemed never to have prohibited, the giving back of a mortgage or charge by a purchaser of land to the vendor of the land as part or all of the consideration for the conveyance of the land, provided that the mortgage or charge applies to all of the land described in the conveyance. R.S.O. 1990, c. P.13, s. 50 (8).
Part of building or structure
(9) Nothing in subsections (3) and (5) prohibits the entering into of an agreement that has the effect of granting the use of or right in a part of a building or structure for any period of years. R.S.O. 1990, c. P.13, s. 50 (9).
(10) This section does not apply to an agreement entered into under section 2 of the Drainage Act. R.S.O. 1990, c. P.13, s. 50 (10).
Application to ARDD
(11) This section does not apply so as to prevent the Agricultural Rehabilitation and Development Directorate of Ontario from conveying or leasing land where the land that is being conveyed or leased comprises all of the land that was acquired by the Directorate under one registered deed or transfer. R.S.O. 1990, c. P.13, s. 50 (11).
Exception to application of subss. (3, 5)
(12) Where a parcel of land is conveyed by way of a deed or transfer with a consent given under section 53, subsections (3) and (5) of this section do not apply to a subsequent conveyance of, or other transaction involving, the identical parcel of land unless the council or the Minister, as the case may be, in giving the consent, stipulates either that subsection (3) or subsection (5) shall apply to any such subsequent conveyance or transaction. R.S.O. 1990, c. P.13, s. 50 (12).
Reference to stipulation
(13) Where the council or the Minister stipulates in accordance with subsection (12), the certificate provided for under subsection 53 (42) shall contain a reference to the stipulation, and if not so contained the consent shall be conclusively deemed to have been given without the stipulation. R.S.O. 1990, c. P.13, s. 50 (13); 1994, c. 23, s. 29 (5).
Effect of contravention
(14) Where land is within a registered plan of subdivision or within a registered description under the Condominium Act or where land is conveyed, mortgaged or charged with a consent given under section 53 or a predecessor thereof, any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on June 25, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, that occurred before the registration of the plan of subdivision or description or before the giving of a certificate under subsection 53(42) stating that a consent has been given, as the case may be, does not and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before December 15, 1978. 1994, c. 23, s. 29 (6).
Simultaneous conveyances, etc., of abutting lands
(15) Where a person conveys land or grants, assigns or exercises a power of appointment in respect of land, or mortgages or charges land, or enters into an agreement of sale and purchase of land, or enters into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more by way of simultaneous conveyances of abutting lands or by way of other simultaneous dealings with abutting lands, the person so conveying or otherwise dealing with the lands shall be deemed for the purposes of subsections (3) and (5) to retain, as the case may be, the fee or the equity of redemption in, or the power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land that is being conveyed or otherwise dealt with but this subsection does not apply to simultaneous conveyances or other simultaneous dealings involving the same parties acting in their same respective capacities. R.S.O. 1990, c. P.13, s. 50 (15).
Partial discharges, etc., effect of
(16) Where a person gives a partial discharge of a mortgage on land or gives a partial cessation of a charge on land, the person giving the partial discharge or partial cessation shall be deemed to hold the fee in the lands mentioned in the mortgage or charge and to retain, after the giving of the partial discharge or partial cessation, the fee in the balance of the lands, and for the purposes of this section shall be deemed to convey by way of deed or transfer the land mentioned in the partial discharge or partial cessation. R.S.O. 1990, c. P.13, s. 50 (16).
(17) Subsection (16) does not apply to a partial discharge of mortgage or partial cessation of charge where the land described in the partial discharge or partial cessation,
(a) is the same land in respect of which a consent to convey has previously been given;
(b) includes only the whole of one or more lots or blocks within a registered plan of subdivision, unless such plan of subdivision has been designated under subsection (4);
(c) is owned by Her Majesty in right of Canada or Her Majesty in right of Ontario or by any municipality; or
(d) is land to which clause (3) (g) or (5) (g) applies. R.S.O. 1990, c. P.13, s. 50 (17); 1998, c. 15, Sched. E, s. 27 (10).
Foreclosure or exercise of power of sale
(18) No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law without the approval of the Minister or of the council authorized to give a consent under section 53, as the case may be, other than a council authorized to give a consent pursuant to an order under section 4, unless all of the land subject to such mortgage or charge is included in the foreclosure or exercise of the power of sale, but this subsection does not apply where the land foreclosed or in respect of where the power of sale is exercised comprises only,
(a) the whole of one or more lots or blocks within one or more registered plans of subdivision;
(b) one or more parcels of land that do not abut any other parcel of land that is subject to the same mortgage or charge;
(c) the identical parcel of land that has been the subject of a consent to convey given under section 53 and the consent did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or transaction; or
(d) the whole of the remaining part of a parcel of land, the other part or parts of which parcel have been the subject of a consent to convey given under section 53 and the consent did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or transaction. R.S.O. 1990, c. P.13, s. 50 (18); 1993, c. 26, s. 58 (1); 1994, c. 23, s. 29 (7); 1996, c. 4, s. 27 (4).
(18.1) No approval shall be given by a council under subsection (18) unless the approval conforms with the prescribed criteria. 1993, c. 26, s. 58 (2).
Release of interest by joint tenant or tenant in common
(19) Where a joint tenant or tenant in common of land releases or conveys the tenant’s interest in such land to one or more other joint tenants or tenants in common of the same land while holding the fee in any abutting land, either alone or together with any other person, the tenant shall be deemed, for the purposes of subsections (3) and (5), to convey such land by way of deed or transfer and to retain the fee in the abutting land. R.S.O. 1990, c. P.13, s. 50 (19).
Partition orders
(20) No order made under the Partition Act for the partition of land shall have any effect in law unless,
(a) irrespective of the order, each part of the land described in the order could be conveyed without contravening this section; or
(b) a consent is given to the order. R.S.O. 1990, c. P.13, s. 50 (20).
Conveyance, etc., contrary to section not to create or convey interest in land
(21) An agreement, conveyance, mortgage or charge made, or a power of appointment granted, assigned or exercised in contravention of this section or a predecessor thereof does not create or convey any interest in land, but this section does not affect an agreement entered into subject to the express condition contained therein that such agreement is to be effective only if the provisions of this section are complied with. R.S.O. 1990, c. P.13, s. 50 (21).
Exception re prescribed statements
(22) Where a deed or transfer,
(a) contains a statement by the grantor, verifying that to the best of the grantor’s knowledge and belief the deed or transfer does not contravene this section;
(b) contains a statement by the grantor’s solicitor, verifying that,
(i) he or she has explained the effect of this section to the grantor,
(ii) he or she has made inquiries of the grantor to determine that the deed or transfer does not contravene this section,
(iii) based on the information supplied by the grantor, to the best of the solicitor’s knowledge and belief, the deed or transfer does not contravene this section, and
(iv) he or she is an Ontario solicitor in good standing; and
(c) contains a statement by the grantee’s solicitor, verifying that,
(i) he or she has investigated the title to the land and, where relevant, to abutting land,
(ii) he or she is satisfied that the record of title to the land and, where relevant, to abutting land, reveals no existing contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, that has the effect of preventing the conveyance of any interest in the land,
(iii) to the best of his or her knowledge and belief, the deed or transfer does not contravene this section, and
(iv) he or she acts independently of the grantor’s solicitor and is an Ontario solicitor in good standing; and
(d) is registered under the Land Titles Act or the Registry Act,
any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, does not and shall be deemed never to have had the effect of preventing the conveyance of any interest in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before the day the deed or transfer is registered. R.S.O. 1990, c. P.13, s. 50 (22).
Search period re Planning Act
(23) For the purposes of the statement referred to in subclause (22) (c) (ii), a solicitor is not required to investigate the registered title to the land except with respect to the time since the registration of the most recent deed or transfer affecting the same land and containing the statements referred to in clauses (22) (a), (b) and (c). R.S.O. 1990, c. P.13, s. 50 (23).
Exempting orders
(24) The Minister may by order designate any part of Ontario as land to which subsection (22) shall not apply after the day a certified copy or duplicate of the order is registered in the proper land registry office in a manner approved by the Director of Land Registration appointed under the Registry Act. R.S.O. 1990, c. P.13, s. 50 (24).
(25) Every person who knowingly makes a false statement under subsection (22) is guilty of an offence and on conviction is liable to a fine not exceeding the aggregate of the value of,
(a) the land in respect of which the statement is made; and
(b) the relevant abutting land,
determined as of the day of registration of the deed or transfer containing the false statement. R.S.O. 1990, c. P.13, s. 50 (25).
Copy of by-law to be lodged with approval authority
(26) A certified copy or duplicate of every by-law passed under subsection (4) shall be lodged by the clerk of the municipality in the office of the approval authority. 2006, c. 23, s. 21 (3).
When by-law effective
(27) A by-law passed under subsection (4) is not effective until the requirements of subsection (28) have been complied with. R.S.O. 1990, c. P.13, s. 50 (27).
Registration of by-law
(28) A certified copy or duplicate of every by-law passed under this section shall be registered by the clerk of the municipality in the proper land registry office. R.S.O. 1990, c. P.13, s. 50 (28).
(29) No notice or hearing is required prior to the passing of a by-law under subsection (4), but the council shall give notice of the passing of any such by-law within thirty days of the passing thereof to each person appearing on the last revised assessment roll to be the owner of land to which the by-law applies, which notice shall be sent to the last known address of each such person. R.S.O. 1990, c. P.13, s. 50 (29).
Hearing by council
(30) The council shall hear in person or by an agent any person to whom a notice was sent under subsection (29), who within twenty days of the mailing of the notice gives notice to the clerk of the municipality that the person desires to make representations respecting the amendment or repeal of the by-law. R.S.O. 1990, c. P.13, s. 50 (30).
50.1 (1) No provision in a will that purports to subdivide land is of any effect to subdivide that land unless, irrespective of that provision, each part of the land divided could be conveyed without contravening section 50.
Retroactive effect
(2) Subsection (1) applies even though the will was made before the 26th day of July, 1990 unless the person who made the will died on or before that date.
Tenants in common
(3) If a provision in a will is of no effect to subdivide land under subsection (1), the beneficiaries that would have been entitled to the land if the provision had been effective shall hold the undivided land as tenants in common. 1991, c. 9, s. 1.
51. (1), (2) Repealed: 2002, c. 17, Sched. B, s. 19 (1).
Minister is approval authority
(3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1. 1999, c. 12, Sched. M, s. 28 (1).
Deemed approval authority
(3.1) If the Minister has delegated any authority under this section to a council or planning board, in accordance with section 4, the council or planning board is deemed to be the approval authority in respect of the land to which the delegation applies for the purposes of this section and section 51.1. 2009, c. 33, Sched. 21, s. 10 (12).
Single-tier municipality
(4) If land is in a single-tier municipality that is not in a territorial district, the single-tier municipality is the approval authority for the purposes of this section and section 51.1, except as otherwise prescribed. 2002, c. 17, Sched. B, s. 19 (2).
Upper-tier municipality
(5) Subject to subsection (6), if land is in an upper-tier municipality with an approved official plan, the upper-tier municipality is the approval authority for the purposes of this section and section 51.1. 2002, c. 17, Sched. B, s. 19 (3).
Timing, upper-tier as approval authority
(5.1) On the day that all or part of a plan that covers all of an upper-tier municipality comes into effect as the official plan of the municipality, the upper-tier municipality is the approval authority under subsection (5). 2002, c. 17, Sched. B, s. 19 (3).
Prescribed lower-tier municipality
(6) If land is in a prescribed lower-tier municipality, the lower-tier municipality is the approval authority for the purposes of this section and section 51.1. 2002, c. 17, Sched. B, s. 19 (3).
Prescribed single-tier municipality in a territorial district
(7) If land is in a prescribed single-tier municipality that is in a territorial district, the municipality is the approval authority for the purposes of this section and section 51.1. 2002, c. 17, Sched. B, s. 19 (3).
(8)-(10) Repealed: 2002, c. 17, Sched. B, s. 19 (4).
(11) The Minister may by order, accompanied by a written explanation for it, remove the power given under subsection (3.1), (4), (5), (6) or (7) and the order may be in respect of the applications specified in the order or in respect of any or all applications made after the order is made. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (2); 2002, c. 17, Sched. B, s. 19 (5); 2009, c. 33, Sched. 21, s. 10 (13).
Minister to be approval authority
(12) If an order is made under subsection (11), the Minister becomes the approval authority in respect of the applications to which the order relates and the council of the former approval authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the council before the power was removed. 1994, c. 23, s. 30.
(13) If the Minister revokes the order or part of the order made under subsection (11), the council reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applies. 1994, c. 23, s. 30.
(14) If an order is made under subsection (11) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power to approve proposed plans of subdivision which was removed from the council and the municipal planning authority becomes the approval authority in respect of the applications to which the order made under this subsection relates and the delegation may be subject to such conditions as the order provides. 1994, c. 23, s. 30.
(15) If the Minister revokes the order or part of the order made under subsection (14), the Minister reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applies and the municipal planning authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter to which the revoked order or part of the order applies and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked. 1994, c. 23, s. 30.
(16) An owner of land or the owner’s agent duly authorized in writing may apply to the approval authority for approval of a plan of subdivision of the land or part of it. 1994, c. 23, s. 30.
(16.1) The approval authority,
(a) shall permit applicants to consult with it before submitting applications under subsection (16); and
(b) in the case of an approval authority that is a municipality, may, by by-law, require applicants to consult with it as described in clause (a). 2006, c. 23, s. 22 (1).
(17) The applicant shall provide the approval authority with the prescribed information and material and as many copies as may be required by the approval authority of a draft plan of the proposed subdivision drawn to scale and showing,
(a) the boundaries of the land proposed to be subdivided, certified by an Ontario land surveyor;
(b) the locations, widths and names of the proposed highways within the proposed subdivision and of existing highways on which the proposed subdivision abuts;
(c) on a small key plan, on a scale of not less than one centimetre to 100 metres, all of the land adjacent to the proposed subdivision that is owned by the applicant or in which the applicant has an interest, every subdivision adjacent to the proposed subdivision and the relationship of the boundaries of the land to be subdivided to the boundaries of the township lot or other original grant of which the land forms the whole or part;
(d) the purpose for which the proposed lots are to be used;
(e) the existing uses of all adjoining lands;
(f) the approximate dimensions and layout of the proposed lots;
(g) natural and artificial features such as buildings or other structures or installations, railways, highways, watercourses, drainage ditches, wetlands and wooded areas within or adjacent to the land proposed to be subdivided;
(h) the availability and nature of domestic water supplies;
(i) the nature and porosity of the soil;
(j) existing contours or elevations as may be required to determine the grade of the highways and the drainage of the land proposed to be subdivided;
(k) the municipal services available or to be available to the land proposed to be subdivided; and
(l) the nature and extent of any restrictions affecting the land proposed to be subdivided, including restrictive covenants or easements. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (3).
(18) An approval authority may require that an applicant provide any other information or material that the approval authority considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 22 (2).
(19) Until the approval authority has received the information and material required under subsections (17) and (18), if any, and any fee under section 69 or 69.1,
(a) the approval authority may refuse to accept or further consider the application; and
(19.1) Within 30 days after the applicant pays any fee under section 69 or 69.1, the approval authority shall notify the applicant and the clerk of the municipality in which the land is located or the secretary-treasurer of the planning board in whose planning area the land is located that the information and material required under subsections (17) and (18), if any, have been provided, or that they have not been provided, as the case may be. 2006, c. 23, s. 22 (2).
(19.2) Within 30 days after a negative notice is given under subsection (19.1), the applicant or the approval authority may make a motion for directions to have the Municipal Board determine,
(b) whether a requirement made under subsection (18) is reasonable. 2006, c. 23, s. 22 (2).
(19.3) If the approval authority does not give any notice under subsection (19.1), the applicant may make a motion under subsection (19.2) at any time after the 30-day period described in subsection (19.1) has elapsed. 2006, c. 23, s. 22 (2).
(19.4) Within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Municipal Board advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), as the case may be, the council or planning board shall,
(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application, accompanied by the prescribed information; and
(b) make the information and material provided under subsections (17) and (18) available to the public. 2006, c. 23, s. 22 (2).
(20) At least 14 days before a decision is made by an approval authority under subsection (31), the approval authority shall ensure that,
(a) notice of the application is given, if required by regulation, in the manner and to the persons and public bodies and containing the information prescribed; and
(b) a public meeting is held, if required by regulation, notice of which shall be given in the manner and to the persons and public bodies and containing the information prescribed. 1996, c. 4, s. 28 (4).
(21) An approval authority may request that a local municipality or a planning board having jurisdiction over the land that is proposed to be subdivided give notice of the application or hold the public meeting referred to in subsection (20) or do both. 1996, c. 4, s. 28 (4).
(21.1) A local municipality or planning board that is requested to give the notice referred to in clause (20) (a) shall ensure that,
(a) the notice is given in accordance with the regulation made under clause (20) (a); and
(b) the prescribed information and material are submitted to the approval authority within 15 days after the notice is given. 1996, c. 4, s. 28 (4).
(21.2) A local municipality or planning board that is requested to hold the public meeting referred to in clause (20) (b) shall ensure that,
(a) notice of the meeting is given in accordance with the regulation made under clause (20) (b);
(b) the public meeting is held; and
(c) the prescribed information and material are submitted to the approval authority within 15 days after the meeting is held. 1996, c. 4, s. 28 (4).
Written submissions
(22) Any person or public body may make written submissions to the approval authority before the approval authority makes its decision under subsection (31). 1994, c. 23, s. 30.
(23) The approval authority may confer with the persons or public bodies that the approval authority considers may have an interest in the approval of the proposed subdivision. 1994, c. 23, s. 30.
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
(a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
(b) whether the proposed subdivision is premature or in the public interest;
(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
(d) the suitability of the land for the purposes for which it is to be subdivided;
(e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
(f) the dimensions and shapes of the proposed lots;
(g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
(h) conservation of natural resources and flood control;
(i) the adequacy of utilities and municipal services;
(j) the adequacy of school sites;
(k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
(l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4).
(25) The approval authority may impose such conditions to the approval of a plan of subdivision as in the opinion of the approval authority are reasonable, having regard to the nature of the development proposed for the subdivision, including a requirement,
(a) that land be dedicated or other requirements met for park or other public recreational purposes under section 51.1;
(b) that such highways, including pedestrian pathways, bicycle pathways and public transit rights of way, be dedicated as the approval authority considers necessary;
(b.1) that such land be dedicated for commuter parking lots, transit stations and related infrastructure for the use of the general public using highways, as the approval authority considers necessary;
(c) when the proposed subdivision abuts on an existing highway, that sufficient land, other than land occupied by buildings or structures, be dedicated to provide for the widening of the highway to such width as the approval authority considers necessary; and
(d) that the owner of the land proposed to be subdivided enter into one or more agreements with a municipality, or where the land is in territory without municipal organization, with any minister of the Crown in right of Ontario or planning board dealing with such matters as the approval authority may consider necessary, including the provision of municipal or other services. 1994, c. 23, s. 30; 2005, c. 26, Sched. B, s. 1; 2006, c. 23, s. 22 (5).
(26) A municipality or approval authority, or both, may enter into agreements imposed as a condition to the approval of a plan of subdivision and the agreements may be registered against the land to which it applies and the municipality or the approval authority, as the case may be, is entitled to enforce the provisions of it against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 1994, c. 23, s. 30.
Land outside municipalities
(27) If the land proposed to be subdivided is located in territory without municipal organization, any minister of the Crown in right of Ontario or planning board may enter into agreements imposed as a condition to the approval of a plan of subdivision and the agreement may be registered against the land to which it applies and the minister or the planning board is entitled to enforce the provisions of it against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of land. 1994, c. 23, s. 30.
(28)-(30) Repealed: 1996, c. 4, s. 28 (5).
(31) The approval authority may give or refuse to give approval to a draft plan of subdivision. 1994, c. 23, s. 30.
Lapse of approval
(32) In giving approval to a draft plan of subdivision, the approval authority may provide that the approval lapses at the expiration of the time period specified by the approval authority, being not less than three years, and the approval shall lapse at the expiration of the time period, but if there is an appeal under subsection (39) the time period specified for the lapsing of approval does not begin until the date the Municipal Board’s decision is issued in respect of the appeal or from the date of a notice issued by the Board under subsection (51). 1994, c. 23, s. 30; 2006, c. 23, s. 22 (6).
(33) The approval authority may extend the approval for a time period specified by the approval authority and may further extend it but no extension is permissible if the approval lapses before the extension is given. 1994, c. 23, s. 30.
(34) If an application is made for approval of a plan of subdivision and the approval authority fails to make a decision under subsection (31) on it within 180 days after the day the application is received by the approval authority, the applicant may appeal to the Municipal Board with respect to the proposed subdivision by filing a notice with the approval authority, accompanied by the fee prescribed under the Ontario Municipal Board Act. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (6); 2004, c. 18, s. 8.
(34.1) Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application for approval of a draft plan of subdivision unless the approval authority has given or refused to give approval to the draft plan of subdivision or the time period referred to in subsection (34) has expired. 2006, c. 23, s. 22 (7).
(35) An approval authority that receives a notice of appeal under subsection (34) shall ensure that,
(a) a record is compiled which includes the prescribed information and material; and
(b) the record, the notice of appeal and the fee are forwarded to the Municipal Board within 15 days after the notice is filed. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (7).
(35.1) Despite clause (35) (b), if all appeals under subsection (34) are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority is not required to forward the materials described under clause (35) (b) to the Municipal Board. 1999, c. 12, Sched. M, s. 28 (3).
Where all appeals withdrawn
(35.2) If all appeals under subsection (34) are withdrawn within 15 days after the last day for filing a notice of appeal, the approval authority may proceed to make a decision under subsection (31). 1999, c. 12, Sched. M, s. 28 (3).
(36) If an appeal under subsection (34) is withdrawn, the Municipal Board shall notify the approval authority and the approval authority may proceed to make a decision under subsection (31). 1994, c. 23, s. 30.
(37) If the approval authority gives or refuses to give approval to a draft plan of subdivision, the approval authority shall, within 15 days of its decision, give written notice of it, containing the prescribed information, to,
(a) the applicant;
(c) Repealed: 1996, c. 4, s. 28 (8).
(d) a municipality or a planning board for a planning area in which the land to be subdivided is situate; and
(e) any other person or public body prescribed. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (8).
(38) Repealed: 1996, c. 4, s. 28 (9).
(39) Subject to subsection (43), not later than 20 days after the day that the giving of notice under subsection (37) is completed, any of the following may appeal the decision, the lapsing provision or any of the conditions to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:
2. A person or public body who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.
4. The municipality in which the land is located or the planning board in whose planning area the land is located.
5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body. 2006, c. 23, s. 22 (8).
Notice completed
(40) For the purpose of subsections (39) and (49), the giving of written notice shall be deemed to be completed,
(c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. 1994, c. 23, s. 30.
No appeal
(41) If no appeal is filed under subsection (39) or (48), subject to any other right of appeal that may be exercised under this section and subject to subsection (44), the decision of the approval authority to give or to refuse to give approval to a draft plan of subdivision shall be deemed to have been made on the day after the last day for appealing the decision. 1994, c. 23, s. 30.
(42) A sworn declaration by an employee of the approval authority that notice was given as required by subsection (37) or (45) or that no notice of appeal was filed under subsection (39) or (48) within the time allowed for appeal is conclusive evidence of the facts stated in it. 1994, c. 23, s. 30.
(43) At any time before the approval of the final plan of subdivision under subsection (58), any of the following may appeal any of the conditions to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:
2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.
5. If the land is not located in a municipality or in the planning area of a planning board, any public body. 2006, c. 23, s. 22 (9).
Withdrawal of approval
(44) The approval authority may, in its discretion, withdraw the approval of a draft plan of subdivision or change the conditions of such approval at any time before the approval of the final plan of subdivision under subsection (58). 1994, c. 23, s. 30.
(45) If the approval authority changes the conditions to the approval of a plan of subdivision under subsection (44) after notice has been given under subsection (37), the approval authority shall, within 15 days of its decision, give written notice of the changes containing the information prescribed to,
(b) Repealed: 1996, c. 4, s. 28 (11).
(c) each person or public body that made a written request to be notified of changes to the conditions;
(e) any other person or public body prescribed. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (11); 2000, c. 26, Sched. K, s. 5 (5).
(46) Repealed: 1996, c. 4, s. 28 (12).
No notice
(47) An approval authority is not required to give written notice under subsection (45) if, in the opinion of the approval authority, the change to conditions is minor. 1994, c. 23, s. 30.
(48) Any of the following may appeal any of the changed conditions imposed by the approval authority to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:
2. A person or public body who, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions.
5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body. 2006, c. 23, s. 22 (10).
(49) If the person appealing the changed conditions is other than the applicant or a public body, the appeal must be filed not later than 20 days after the day that the giving of written notice under subsection (45) is completed. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (13).
(50) An approval authority that receives a notice of appeal under subsection (39), (43) or (48) shall ensure that,
(b) the record, notice of appeal and the fee are forwarded to the Municipal Board within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority. 1994, c. 23, s. 30.
(50.1) Despite clause (50) (b), if all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the approval authority is not required to forward the materials described under clause (50) (b) to the Municipal Board. 1999, c. 12, Sched. M, s. 28 (3).
Deemed decision
(50.2) If all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44). 1999, c. 12, Sched. M, s. 28 (3).
(51) If all appeals under subsection (39) or (48) are withdrawn and the time for appealing has expired or if all appeals under subsection (43) are withdrawn, the secretary of the Municipal Board shall notify the approval authority and the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44). 1994, c. 23, s. 30.
(52) On an appeal, the Municipal Board shall hold a hearing, notice of which shall be given to such persons or public bodies and in such manner as the Board may determine. 1994, c. 23, s. 30.
(52.1) Despite subsection (52), in the case of an appeal under subsection (39), (43) or (48), only the following may be added as parties:
1. Before the approval authority made its decision with respect to the plan of subdivision, the person or public body made oral submissions at a public meeting or written submissions to the approval authority, or made a written request to be notified of changes to the conditions.
(52.3) This subsection applies if information and material that is presented at the hearing of an appeal under subsection (39), (43) or (48) was not provided to the approval authority before it made the decision that is the subject of the appeal. 2006, c. 23, s. 22 (11).
(52.4) When subsection (52.3) applies, the Municipal Board may, on its own initiative or on a motion by the approval authority or any party, consider whether the information and material could have materially affected the approval authority’s decision and, if the Board determined that it could have done so, it shall not be admitted into evidence until subsection (52.5) has been complied with and the prescribed time period has elapsed. 2006, c. 23, s. 22 (11).
Notice to approval authority
(52.5) The Municipal Board shall notify the approval authority that it is being given an opportunity to,
Approval authority’s recommendation
(52.6) The Municipal Board shall have regard to the approval authority’s recommendation if it is received within the time period mentioned in subsection (52.4), and may but is not required to do so if it is received afterwards. 2006, c. 23, s. 22 (11).
(53) Despite the Statutory Powers Procedure Act and subsection (52), the Municipal Board may dismiss an appeal without holding a hearing on its own initiative or on the motion of any party, if,
(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Board could give or refuse to give approval to the draft plan of subdivision or determine the question as to the condition appealed to it,
(b) Repealed: 2006, c. 23, s. 22 (14).
(c) the appellant has not provided written reasons for the appeal;
(e) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (14, 15); 2006, c. 23, s. 22 (12-14).
(53.1) Despite the Statutory Powers Procedure Act and subsection (52), the Municipal Board may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision. 2006, c. 23, s. 22 (15).
(54) Before dismissing an appeal, the Municipal Board shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (53) (e). 2000, c. 26, Sched. K, s. 5 (6).
(54.1) Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (53) or (53.1), as it considers appropriate. 2006, c. 23, s. 22 (16).
(55) If all appeals under subsection (39), (43) or (48) are dismissed or withdrawn, the secretary of the Municipal Board shall notify the approval authority and the decision of the approval authority shall be deemed to have been made on the day after the day the last outstanding appeal has been dismissed or withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44). 1994, c. 23, s. 30.
(56) On an appeal under subsection (34) or (39), the Municipal Board may make any decision that the approval authority could have made on the application and on an appeal under subsection (43) or (48) shall determine the question as to the conditions appealed to it. 1994, c. 23, s. 30.
Final approval
(56.1) If, on an appeal under subsection (34) or (39), the Municipal Board has given approval to a draft plan of subdivision, the Board may, by order, provide that the final approval of the plan of subdivision for the purposes of subsection (58) is to be given by the approval authority in which the land is situate. 1999, c. 12, Sched. M, s. 28 (3).
Change of conditions
(56.2) If the final approval of a plan of subdivision is to be given under subsection (56.1), the Municipal Board may change the conditions of the approval of the draft plan of subdivision under subsection (44) at any time before the approval of the final plan of subdivision by the approval authority. 1999, c. 12, Sched. M, s. 28 (3).
When draft plan approved
(57) When the draft plan is approved, the person seeking to subdivide may proceed to lay down the highways and lots upon the ground in accordance with the Surveys Act and with the Registry Act or the Land Titles Act, as the case may be, and to prepare a plan accordingly certified by an Ontario land surveyor. 1994, c. 23, s. 30.
Final approval of plan
(58) Upon presentation by the person seeking to subdivide, the approval authority may, if satisfied that the plan is in conformity with the approved draft plan and that the conditions of approval have been or will be fulfilled, approve the plan of subdivision and, once approved, the final plan of subdivision may be tendered for registration. 1994, c. 23, s. 30.
(59) If a final plan of subdivision is approved under subsection (58), but is not registered within 30 days of the date of approval, the approval authority may withdraw its approval. 1994, c. 23, s. 30.
(60) In addition to any requirement under the Registry Act or the Land Titles Act, the person tendering the plan of subdivision for registration shall deposit with the land registrar a duplicate, or when required by the approval authority two duplicates, of the plan of a type approved by the approval authority, and the land registrar shall endorse on it a certificate showing the number of the plan and the date when the plan was registered and shall deliver the duplicate or duplicates to the approval authority. 1994, c. 23, s. 30.
(61) The approval of a plan of subdivision does not operate to release any person from doing anything that the person may be required to do by or under the authority of any other Act. 1994, c. 23, s. 30.
51.1 (1) The approval authority may impose as a condition to the approval of a plan of subdivision that land in an amount not exceeding, in the case of a subdivision proposed for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land included in the plan shall be conveyed to the local municipality for park or other public recreational purposes or, if the land is not in a municipality, shall be dedicated for park or other public recreational purposes.
(2) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and if the municipality has an official plan that contains specific policies relating to the provision of lands for park or other public recreational purposes, the municipality, in the case of a subdivision proposed for residential purposes, may, in lieu of such conveyance, require that land included in the plan be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed or at such lesser rate as may be determined by the municipality.
Payment in lieu
(3) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality, the municipality may, in lieu of accepting the conveyance, require the payment of money by the owner of the land,
(a) to the value of the land otherwise required to be conveyed; or
(b) where the municipality would be entitled to require a conveyance under subsection (2), to the value of the land that would otherwise be required to be so conveyed.
(4) For the purpose of determining the amount of any payment required under subsection (3), the value of the land shall be determined as of the day before the day of the approval of the draft plan of subdivision.
(5) Subsections 42 (2), (5) and (12) to (16) apply with necessary modifications to a conveyance of land or a payment of money under this section. 1994, c. 23, s. 31.
51.2 (1) If a council of a municipality is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may by by-law delegate all or any part of the authority to approve plans of subdivision to a committee of council or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (1).
Delegation to lower-tier municipality
(2) If an upper-tier council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a lower-tier municipality in respect of land situate in the lower-tier municipality. 2002, c. 17, Sched. B, s. 20 (2).
(2.1) Despite subsections 74 (2) and 74.1 (1), an upper-tier council may delegate the authority to approve plans of subdivision under subsection (2) with respect to applications made before March 28, 1995. 2002, c. 17, Sched. B, s. 20 (3).
Delegation to planning authority
(3) If a council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a municipal planning authority in respect of land situate in the municipal planning area. 1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (4).
Further delegation
(4) If authority is delegated to a council under subsection (2), the council may in turn by by-law delegate all or any part of the authority to a committee of council or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 31.
(5) If authority is delegated to a municipal planning authority under subsection (3) or subsection 51 (14), the municipal planning authority may in turn by by-law delegate all or any part of the authority to a committee of the municipal planning authority or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 31.
(6) A delegation of authority made by a council or municipal planning authority under this section may be subject to such conditions as the council or municipal planning authority by by-law provides. 1994, c. 23, s. 31.
(7) A council or a municipal planning authority may by by-law withdraw a delegation of authority made by a council or a municipal planning authority under this section and such withdrawal may be either in respect of one or more plans of subdivision specified in the by-law or any or all plans of subdivision in respect of which a final disposition was not made before the withdrawal. 1994, c. 23, s. 31.
52. (1) No person shall subdivide and offer for sale, agree to sell or sell land by a description in accordance with an unregistered plan of subdivision, but this subsection does not prohibit any person from offering for sale or agreeing to sell land by a description in accordance with a plan of subdivision in respect of which draft approval has been given under section 51.
“unregistered plan of subdivision” does not include a reference plan of survey under section 150 of the Land Titles Act that complies with the regulations under that Act or a plan deposited under Part II of the Registry Act in accordance with the regulations under that Act. R.S.O. 1990, c. P.13, s. 52.
53. (1) An owner of land or the owner’s agent duly authorized in writing may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. 1994, c. 23, s. 32.
(2) The applicant for a consent shall provide the council or the Minister with the prescribed information or material. 1996, c. 4, s. 29 (1).
(3) A council or the Minister may require that a person or public body that makes an application for a consent provide any other information or material that the council or the Minister considers it or he or she may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 23 (1).
(4) Until the council or the Minister has received the information and material required under subsections (2) and (3), if any, and any fee under section 69 or 69.1,
(a) the council or the Minister may refuse to accept or further consider the application for a consent; and
(4.1) The applicant, the council or the Minister may make a motion for directions to have the Municipal Board determine,
(a) whether the information and material required under subsections (2) and (3), if any, have in fact been provided; or
(5) At least 14 days before a decision is made by the council or the Minister, the council or the Minister shall ensure that,
Request by council
(6) A council may request that a local municipality having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both. 1996, c. 4, s. 29 (1).
Request by Minister
(7) The Minister may request that a local municipality or planning board having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both. 1996, c. 4, s. 29 (1).
(7.1) A local municipality or planning board that is requested under subsection (6) or (7) to give notice shall ensure that,
(a) the notice is given in accordance with the regulation made under clause (5) (a); and
(b) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the notice is given. 1996, c. 4, s. 29 (1).
(7.2) A local municipality or planning board that is requested under subsection (6) or (7) to hold a public meeting shall ensure that,
(a) notice of the meeting is given in accordance with the regulation made under clause (5) (b);
(c) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the meeting is held. 1996, c. 4, s. 29 (1).
(8) Any person or public body may make written submissions to the council or the Minister before the council or the Minister gives or refuses to give a provisional consent. 1994, c. 23, s. 32.
(9) A council in dealing with applications for consent shall comply with such rules of procedure as are prescribed. 1994, c. 23, s. 32.
Council to confer
(10) A council, in determining whether a provisional consent is to be given, shall confer with the persons or public bodies prescribed. 1994, c. 23, s. 32.
Minister may confer
(11) The Minister in determining whether a provisional consent is to be given may confer with the persons or public bodies that the Minister considers may have an interest in the application. 1994, c. 23, s. 32.
(12) A council or the Minister in determining whether a provisional consent is to be given shall have regard to the matters under subsection 51 (24) and has the same powers as the approval authority has under subsection 51 (25) with respect to the approval of a plan of subdivision and subsections 51 (26) and (27) and section 51.1 apply with necessary modifications to the granting of a provisional consent. 1994, c. 23, s. 32.
(13) If, on the giving of a provisional consent, land is required to be conveyed to a municipality for park or other public recreational purposes and the council of the municipality requires the payment of money to the value of the land in lieu of the conveyance, for the purpose of determining the amount of the payment, the value of the land shall be determined as of the day before the day the provisional consent was given. 1994, c. 23, s. 32.
(14) If an application is made for a consent and the council or the Minister fails to make a decision under subsection (1) on the application within 90 days after the day the application is received by the clerk of the municipality or the Minister, the applicant may appeal to the Municipal Board with respect to the consent application by filing a notice with the clerk of the municipality or the Minister, accompanied by the fee prescribed under the Ontario Municipal Board Act. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (2); 2004, c. 18, s. 9.
(14.1) Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application requested under subsection (1) unless the council or the Minister has given or refused to give a provisional consent or the time period referred to in subsection (14) has expired. 2006, c. 23, s. 23 (2).
(15) If the clerk of the municipality or the Minister receives a notice of appeal under subsection (14), the clerk of the municipality or the Minister shall ensure that,
Appeal withdrawn
(16) If an appeal under subsection (14) is withdrawn, the Municipal Board shall notify the council or Minister and the council or the Minister may proceed to make a decision under subsection (1). 1994, c. 23, s. 32.
(16.1) Despite clause (15) (b), if all appeals under subsection (14) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (15) (b) to the Municipal Board. 1999, c. 12, Sched. M, s. 29.
(16.2) If all appeals under subsection (14) are withdrawn within 15 days after the last day for filing a notice of appeal, the council or the Minister may proceed to make a decision under subsection (1). 1999, c. 12, Sched. M, s. 29.
(17) If the council or the Minister gives or refuses to give a provisional consent, the council or the Minister shall ensure that written notice of it is given within 15 days, containing the information prescribed to,
(b) each person or public body that made a written request to be notified of the decision or conditions;
(d) the Minister, with respect to a decision by a council to give a provisional consent, if the Minister has notified the council that he or she wishes to receive a copy of all decisions made to give a provisional consent; and
(19) Any person or public body may, not later than 20 days after the giving of notice under subsection (17) is completed, appeal the decision or any condition imposed by the council or the Minister or appeal both the decision and any condition to the Municipal Board by filing with the clerk of the municipality or the Minister a notice of appeal setting out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (6).
(21) If no appeal is filed under subsection (19) or (27), subject to subsection (23), the decision of the council or the Minister, as the case may be, to give or refuse to give a provisional consent is final. 1994, c. 23, s. 32.
(22) A sworn declaration by an employee of the municipality or the Ministry of Municipal Affairs and Housing that notice was given under subsection (17) or (24) or that no notice of appeal was filed under subsection (19) or (27) within the time allowed for appeal is conclusive evidence of the facts stated in it. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (7).
(23) The council or the Minister, as the case may be, may change the conditions of a provisional consent at any time before a consent is given. 1994, c. 23, s. 32.
(24) If the council or the Minister changes conditions of a provisional consent under subsection (23) after notice has been given under subsection (17), the council or the Minister shall ensure that written notice of the changes containing the information prescribed is given within 15 days to,
(b) each person or public body that made a written request to be notified of changes to the conditions;
(c) the Minister, with respect to a change of conditions by council, if the Minister has notified the council that he or she wishes to receive a copy of the changes of conditions; and
(d) any other person or public body prescribed. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (8).
No notice required
(26) The council or the Minister, as the case may be, is not required to give written notice under subsection (24) if, in the council’s or the Minister’s opinion, the change to conditions is minor. 2009, c. 33, Sched. 21, s. 10 (14).
(27) Any person or public body may, not later than 20 days after the giving of notice under subsection (24) is completed, appeal any of the changed conditions imposed by the council or the Minister by filing with the clerk of the municipality or the Minister a notice of appeal setting out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (10).
(28) If the clerk or the Minister, as the case may be, receives a notice of appeal under subsection (19) or (27), the clerk or the Minister shall ensure that,
(a) a record is compiled which includes the information and material prescribed; and
(b) the record, the notice of appeal and the fee are forwarded to the Municipal Board within 15 days after the last day for filing a notice of appeal under subsection (19) or (27). 1994, c. 23, s. 32.
(29) If all appeals under subsection (19) or (27) are withdrawn and the time for appealing has expired, the Municipal Board shall notify the council or the Minister, as the case may be, and subject to subsection (23), the decision of the council or the Minister to give or refuse to give a provisional consent is final. 1994, c. 23, s. 32.
(29.1) Despite clause (28) (b), if all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (28) (b) to the Municipal Board. 1999, c. 12, Sched. M, s. 29.
(29.2) If all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or the Minister, subject to subsection (23), to give or refuse to give a provisional consent is final. 1999, c. 12, Sched. M, s. 29.
(30) On an appeal, the Municipal Board shall hold a hearing, of which notice shall be given to such persons or public bodies and in such manner as the Board may determine. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (11).
(31) Despite the Statutory Powers Procedure Act and subsection (30), the Municipal Board may dismiss an appeal without holding a hearing, on its own initiative or on the motion of any party, if,
(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Board could give or refuse to give the provisional consent or could determine the question as to the condition appealed to it,
(b) the appellant did not make oral submissions at a public meeting or did not make written submissions to the council or the Minister before a provisional consent was given or refused and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission;
(e) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (12); 2006, c. 23, s. 23 (3, 4).
(32.1) The Municipal Board may dismiss an appeal after holding a hearing or without holding a hearing on the motion under subsection (31), as it considers appropriate. 2000, c. 26, Sched. K, s. 5 (7).
(33) If all appeals under subsection (19) or (27) are dismissed or withdrawn, the Municipal Board shall notify the council or the Minister and, subject to subsection (23), the decision of the council or the Minister to give or refuse to give a provisional consent is final. 1994, c. 23, s. 32.
(34) On an appeal under subsection (14) or (19), the Municipal Board may make any decision that the council or the Minister, as the case may be, could have made on the original application and on an appeal of the conditions under subsection (27), the Board shall determine the question as to the condition or conditions appealed to it. 1994, c. 23, s. 32.
(35) On an appeal, the Municipal Board may make a decision on an application which has been amended from the original application if, at any time before issuing its order, written notice is given to the persons and public bodies prescribed under subsection (10) and to any person or public body conferred with under subsection (11) on the original application. 1994, c. 23, s. 32.
No written notice
(35.1) The Municipal Board is not required to give written notice under subsection (35) if, in the opinion of the Board, the amendment to the original application is minor. 1996, c. 4, s. 29 (13).
(36) Any person or public body that receives notice under subsection (35) may, not later than 30 days after the day that written notice was given, notify the Municipal Board of an intention to appear at the hearing or the resumption of the hearing, as the case may be. 1994, c. 23, s. 32.
(37) If, after the expiry of the time period in subsection (36), no notice of intent has been received, the Municipal Board may issue its order. 1994, c. 23, s. 32.
Notice received
(38) If a notice of intent under subsection (36) is received, the Municipal Board may hold a hearing or resume the hearing on the amended application or issue its order without holding a hearing or resuming the hearing. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (14).
(39) If the decision of the Municipal Board under subsection (34) is that a provisional consent be given, the council or the Minister shall give the consent, but if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled. 1994, c. 23, s. 32.
(40) If the decision of the council or the Minister on an application is that provisional consent be given and there has been no appeal under subsection (19) or (27), subject to subsection (23), the consent shall be given, but if conditions have been imposed the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled. 1994, c. 23, s. 32.
Conditions not fulfilled
(41) If conditions have been imposed and the applicant has not, within a period of one year after notice was given under subsection (17) or (24), whichever is later, fulfilled the conditions, the application for consent shall be deemed to be refused but, if there is an appeal under subsection (14), (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfil the conditions until the expiry of one year from the date of the order of the Municipal Board issued in respect of the appeal or from the date of a notice issued by the Board under subsection (29) or (33). 1994, c. 23, s. 32.
(42) When a consent has been given under this section, the clerk of the municipality or the Minister, as the case may be, shall give a certificate to the applicant stating that the consent has been given and the certificate is conclusive evidence that the consent was given and that the provisions of this Act leading to the consent have been complied with and that, despite any other provision of this Act, the council or the Minister had jurisdiction to grant the consent and after the certificate has been given no action may be maintained to question the validity of the consent. 1994, c. 23, s. 32.
Lapse of consent
(43) A consent given under this section lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. 1994, c. 23, s. 32.
Where delegation
(44) If a land division committee or a committee of adjustment has had delegated to it the authority for the giving of consents, any reference in this section to the clerk of the municipality shall be deemed to be a reference to the secretary-treasurer of the land division committee or committee of adjustment. 1994, c. 23, s. 32.
54. (1) The council of an upper-tier municipality may by by-law delegate to the council of a lower-tier municipality the authority for the giving of consents under section 53 in respect of land situate in the lower-tier municipality. 2002, c. 17, Sched. B, s. 21 (1).
(1.1) The council of a county may by by-law delegate to a municipal planning authority the authority for the giving of consents under section 53 in respect of land in a municipal planning area. 1994, c. 23, s. 33 (2).
(2) Where authority is delegated to a council under subsection (1), such council may, in turn, by by-law, delegate the authority or any part of such authority, to a committee of council, to an appointed officer identified in the by-law by name or position occupied or to a committee of adjustment. R.S.O. 1990, c. P.13, s. 54 (2).
Included powers
(2.1) If council has delegated its authority to give consents under subsection (1), (1.1), (2), (2.3), (4) or (5), that delegation shall be deemed to include the authority to give approvals under subsection 50 (18) and to issue certificates of validation under section 57 in respect of land situate in the lower-tier municipality. 1993, c. 26, s. 61 (1); 1994, c. 23, s. 33 (3); 2002, c. 17, Sched. B, s. 21 (2).
(2.2) Section 53 does not apply in the exercise of authority under subsection (2.1) to give approvals under subsection 50 (18) or to issue certificates of validation. 1994, c. 23, s. 33 (4).
(2.3) If authority is delegated to a municipal planning authority under subsection (1.1) or (5) or subsection 50 (1.4), the municipal planning authority may, in turn, by by-law delegate the authority or any part of the authority to a committee of the municipal planning authority or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 33 (5).
(3) Repealed: 1994, c. 23, s. 33 (6).
Delegation to committee of council, etc.
(4) Except as delegated under subsection (1) or (1.1), the authority or any part of such authority of the council of an upper-tier municipality may be delegated by the council to a committee of council, to an appointed officer identified in the by-law by name or position occupied or to a land division committee. R.S.O. 1990, c. P.13, s. 54 (4); 1994, c. 23, s. 33 (7); 2002, c. 17, Sched. B, s. 21 (3).
Delegation, single-tier municipalities
(5) The council of a single-tier municipality authorized to give a consent under section 53 may by by-law delegate the authority of the council under section 53 or any part of that authority to a committee of council, to an appointed officer identified in the by-law by name or position occupied, to a municipal planning authority or to the committee of adjustment. 2002, c. 17, Sched. B, s. 21 (4).
(6) Where, under subsection (2) or (5), a committee of adjustment has had delegated to it the authority to give a consent, section 53 applies with necessary modifications and subsections 45 (4) to (20) do not apply in the exercise of that authority. 1994, c. 23, s. 33 (9).
(6.1) Where, under subsection (2) or (5), a committee of adjustment has the authority to give approvals under subsection 50 (18) and the authority to issue certificates of validation under section 57, subsection 45 (8) applies in the exercise of that authority, but subsections 45 (4) to (7) and (9) to (20) do not apply. 1993, c. 26, s. 61 (3).
(7) A delegation of authority made by a council or a municipal planning authority under this section may be subject to such conditions as the council or the municipal planning authority by by-law provides and the council or the municipal planning authority may by by-law withdraw the delegation of authority but, where authority delegated under subsection (1) or (1.1) is withdrawn, all applications for consent, for approval under subsection 50 (18) or for the issuance of a certificate of validation under section 57 made prior to the withdrawal shall continue to be dealt with as if the delegation had not been withdrawn. 1994, c. 23, s. 33 (10).
55. (1) The Minister by order may constitute and appoint one or more district land division committees composed of such persons as he or she considers advisable and may by order delegate thereto the authority of the Minister to give consents under section 53, the authority to give approvals under subsection 50 (18) or the authority to issue certificates of validation under section 57 in respect of such lands situate in a territorial district as are defined in the order. R.S.O. 1990, c. P.13, s. 55 (1); 1993, c. 26, s. 62 (1).
Conditions and withdrawal of delegation
(2) A delegation made by the Minister under subsection (1) may be subject to such conditions as the Minister may by order provide and the Minister may by order withdraw any delegation. R.S.O. 1990, c. P.13, s. 55 (2).
(2.1) A district land division committee is a body corporate. 1994, c. 23, s. 34 (1).
Application of s. 44
(3) Where the Minister has delegated his or her authority to a district land division committee under subsection (1), subsections 44 (5), (6), (7), (8), (10) and (11) apply with necessary modifications. R.S.O. 1990, c. P.13, s. 55 (3).
(4) A district land division committee may enter into agreements imposed as a condition to the giving of a consent in respect of land situate in territory without municipal organization and subsection 51 (26) applies with necessary modifications to any such agreement. R.S.O. 1990, c. P.13, s. 55 (4); 1994, c. 23, s. 34 (2).
(5) The members of a district land division committee appointed under this section shall be paid such remuneration as is provided for by the order appointing them. R.S.O. 1990, c. P.13, s. 55 (5).
(6) A district land division committee may prescribe a tariff of fees for the processing of applications, which shall be designed to meet only the anticipated cost to the committee in respect of the processing of applications. 1993, c. 26, s. 62 (2).
56. (1) The council of an upper-tier municipality may by by-law constitute and appoint a land division committee composed of such persons, not fewer than three, as the council considers advisable. R.S.O. 1990, c. P.13, s. 56 (1); 2002, c. 17, Sched. B, s. 22.
Application of subss. 44 (2-11)
(2) Subsections 44 (2) to (11) apply, with necessary modifications, where a land division committee is constituted under subsection (1) of this section. R.S.O. 1990, c. P.13, s. 56 (2).
57. (1) A council authorized to give a consent under section 53, other than a council authorized to give a consent pursuant to an order under section 4, may issue a certificate of validation in respect of land described in the certificate, providing that the contravention of section 50 or a predecessor of it or of a by-law passed under a predecessor of section 50 or of an order made under clause 27 (1) (b), as it read on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in such land. 1993, c. 26, s. 63; 1996, c. 4, s. 30 (1).
(2) A certificate of validation under subsection (1) or an order of the Minister under subsection (3) does not affect the rights acquired by any person from a judgment or order of any court given or made on or before the day on which the certificate is issued or order is made. 1993, c. 26, s. 63.
Territorial district
(3) If the Minister has authority to give consents under section 53, the Minister may by order exercise the powers conferred upon a council by subsection (1) in respect of land in a territorial district. 2002, c. 17, Sched. B, s. 23.
(4) No order shall be made by the Minister under subsection (3) in respect of land situate in a local municipality unless the council of the local municipality in which the land is situate has by by-law requested the Minister to make such order, and the council has the power to pass that by-law. 1993, c. 26, s. 63; 2009, c. 33, Sched. 21, s. 10 (15).
(5) A council may, as a condition to the passage of a by-law under subsection (4), impose such conditions in respect of any land described in the by-law as it considers appropriate. 1993, c. 26, s. 63.
Criteria for consideration
(6) In considering whether to issue a certificate under subsection (1), regard shall be had to the prescribed criteria. 1993, c. 26, s. 63.
Criteria for certificate
(7) No certificate shall be issued by a council under subsection (1) unless,
(a) the land described in the certificate conforms with the prescribed criteria; or
(b) the Minister, by order, has exempted that land from the criteria. 1993, c. 26, s. 63.
(8) A council or the Minister may, as a condition to issuing a certificate of validation or order, impose such conditions in respect of any land described in the certificate or order as it considers appropriate. 1993, c. 26, s. 63.
(9) Nothing in this section derogates from the power a council or the Minister has to grant consents referred to in section 53. 1993, c. 26, s. 63.
58. The Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, applies to the acquisition of land under this Act. 2006, c. 32, Sched. C, s. 47 (12).
59. When a municipality has acquired or holds lands for any purpose authorized by this Act, the municipality may clear, grade or otherwise prepare the land for the purpose for which it has been acquired or is held. R.S.O. 1990, c. P.13, s. 59.
60. When a municipality acquires land for any purpose authorized by this Act, the whole or partial consideration therefor may be land then owned by the municipality. R.S.O. 1990, c. P.13, s. 60.
61. Where, in passing a by-law under this Act, a council is required by this Act, by the provisions of an official plan or otherwise by law, to afford any person an opportunity to make representation in respect of the subject-matter of the by-law, the council shall afford such person a fair opportunity to make representation but throughout the course of passing the by-law the council shall be deemed to be performing a legislative and not a judicial function. R.S.O. 1990, c. P.13, s. 61.
62. (1) An undertaking of Hydro One Inc. (as defined in subsection 2 (1) of the Electricity Act, 1998) or Ontario Power Generation Inc. (as defined in subsection 2 (1) of that Act) that has been approved under the Environmental Assessment Act is not subject to this Act. 1998, c. 15, Sched. E, s. 27 (11); 2002, c. 1, Sched. C, s. 4.
Subsidiaries included
(2) For the purposes of subsection (1), a reference to a corporation is deemed to include a subsidiary of that corporation. 1998, c. 15, Sched. E, s. 27 (11).
62.0.1 (1) An undertaking or class of undertakings within the meaning of the Environmental Assessment Act that relates to energy is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if,
(a) it has been approved under Part II or Part II.1 of the Environmental Assessment Act or is the subject of,
(i) an order under section 3.1 or a declaration under section 3.2 of that Act, or
(ii) an exempting regulation made under that Act; and
(b) a regulation under clause 70 (h) prescribing the undertaking or class of undertakings is in effect. 2006, c. 23, s. 24.
(2) An undertaking referred to in subsection 62 (1) that has been approved under the Environmental Assessment Act is not subject to section 113 or 114 of the City of Toronto Act, 2006. 2006, c. 23, s. 24.
62.0.2 (1) Despite any Act or regulation, the following do not apply to a renewable energy undertaking, except in relation to a decision under section 28 or Part VI:
1. A policy statement issued under subsection 3 (1).
2. A provincial plan, subject to subsection (2). 2009, c. 12, Sched. K, s. 3.
(2) Subsection (1) does not apply in respect of,
(a) the Niagara Escarpment Plan;
(b) another provincial plan, if the provincial plan is prescribed for the purposes of this subsection; or
(c) a provision of another provincial plan, if the provision is prescribed for the purposes of this subsection. 2009, c. 12, Sched. K, s. 3.
(3) For greater certainty, an official plan does not affect a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
(4) Section 24 does not apply to,
(a) the undertaking of a public work that is a renewable energy undertaking or is intended to facilitate or support a renewable energy undertaking;
(b) the passing of a by-law with respect to a public work described in clause (a); or
(c) the passing of a by-law that is intended to facilitate or support a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
(5) A by-law passed under section 33 does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
By-laws and orders under Part V
(6) A by-law or order passed or made under Part V does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
Transition, existing agreements
(7) An agreement that is entered into under Part V before the day subsection 4 (1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force applies to a renewable energy project, and to any related renewable energy testing facility and renewable energy testing project, until the day a renewable energy approval is issued under section 47.5 of the Environmental Protection Act in relation to the renewable energy project. 2009, c. 12, Sched. K, s. 3.
Development permit system
(8) A regulation or by-law made or passed under section 70.2 does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
City of Toronto Act, 2006, ss. 113, 114
(9) A by-law passed under section 113 or 114 of the City of Toronto Act, 2006 does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
Ontario Planning and Development Act, 1994, s. 17
(10) An order made under section 17 of the Ontario Planning and Development Act, 1994 does not apply to a renewable energy undertaking. 2009, c. 12, Sched. K, s. 3.
62.1 The Minister, the council of a municipality or a planning board may by agreement with a First Nation vary or waive the prescribed notice requirements to a band in respect of an official plan, a zoning by-law or any application under this Act. 1994, c. 23, s. 37.
63. If the Minister, the council of a municipality, a planning board or the Municipal Board exercises any authority under this Act, including giving an approval, an exemption from an approval or a consent, the provisions of this Act that relate to or are requirements for the exercise of the authority shall be deemed to have been complied with upon the decision becoming final. 1996, c. 4, s. 32; 1999, c. 12, Sched. M, s. 30.
64. Repealed: 2009, c. 33, Sched. 2, s. 59 (1).
65. The Minister, the council of a municipality, a local board, a planning board or the Municipal Board or their agents shall, if they consider it appropriate, at any time before a decision is made under this Act, use mediation, conciliation or other dispute resolution techniques to attempt to resolve concerns or disputes in respect of any planning application or matter. 1994, c. 23, s. 39.
66. If the Minister or the council delegates an authority under this Act, including the authority to give an approval, an exemption from an approval or a consent, the exercise of the authority and the decision of the delegate has the same force and effect as if it were the exercise of authority or the decision of the Minister or the council, as the case may be. 1996, c. 4, s. 33.
67. (1) Every person who contravenes section 41, section 46, subsection 49 (4) or section 52 or who contravenes a by-law passed under section 34 or 38 or an order made under section 47 and, if the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $25,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. 1994, c. 2, s. 48.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted,
and not as provided in subsection (1).
Order of prohibition
(3) Where a conviction is entered under subsection (1), in addition to any other remedy or any penalty provided by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. R.S.O. 1990, c. P.13, s. 67 (2, 3).
67.1 If an offence has been committed under section 41, 52 or 67 or under a by-law passed under section 34 or 38, and a proceeding in respect of the offence is undertaken by the municipality or planning board and a conviction has been entered, the proceeds of any fine in relation to the offence shall be paid to the treasurer of the municipality or secretary-treasurer of the planning board and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine. 1996, c. 4, s. 34; 1997, c. 24, s. 226 (8).
68. (1) Despite section 53 of the Assessment Act, it is not an offence to disclose the information referred to therein to any employee of a municipality or of a planning board who declares that such information is required in the course of his or her planning duties. R.S.O. 1990, c. P.13, s. 68 (1); 1994, c. 23, s. 41 (1).
(2) An employee of a municipality or of a planning board who wilfully discloses or permits to be disclosed the information referred to in subsection (1) to any other person not likewise entitled in the course of his or her duties to acquire or have access to the information is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. P.13, s. 68 (2); 1994, c. 23, s. 41 (2).
(3) This section does not prevent disclosure of such information by any person when being examined as a witness in an action or other proceeding in a court or in an arbitration. R.S.O. 1990, c. P.13, s. 68 (3).
69. (1) The council of a municipality, by by-law, and a planning board, by resolution, may establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality or to a committee of adjustment or land division committee constituted by the council of the municipality or to the planning board in respect of the processing of each type of application provided for in the tariff. R.S.O. 1990, c. P.13, s. 69 (1); 1996, c. 4, s. 35 (1).
Reduction or waiver of fees
(2) Despite a tariff of fees established under subsection (1), the council of a municipality, a planning board, a committee of adjustment or a land division committee in processing an application may reduce the amount of or waive the requirement for the payment of a fee in respect of the application where the council, planning board or committee is satisfied that it would be unreasonable to require payment in accordance with the tariff. R.S.O. 1990, c. P.13, s. 69 (2); 1996, c. 4, s. 35 (2).
Payment under protest: appeal to O.M.B.
(3) Any person who is required to pay a fee under subsection (1) for the processing of an application in respect of a planning matter may pay the amount of the fee under protest and thereafter appeal to the Municipal Board against the levying of the fee or the amount of the fee by giving written notice of appeal to the Municipal Board within thirty days of payment of the fee. R.S.O. 1990, c. P.13, s. 69 (3); 1996, c. 4, s. 35 (3).
(4) The Municipal Board shall hear an appeal made under subsection (3) and shall dismiss the appeal or direct that a refund payment be made to the appellant in such amount as the Board determines. R.S.O. 1990, c. P.13, s. 69 (4).
69.1 (1) The Minister may charge fees for the processing of applications to the Minister in respect of planning matters including the approval of an official plan or official plan amendment. 1993, c. 26, s. 64 ; 1994, c. 23, s. 42.
(2) The Minister may reduce the amount of or waive the payment of a fee described under subsection (1). 1993, c. 26, s. 64.
69.2 (1) If a prescribed municipality fails to adopt a plan and submit it for approval as an official plan, the Minister may charge fees to the municipality for the processing of planning applications by the Minister in respect of land situate in the municipality, including the approval of an official plan or official plan amendment. 1994, c. 23, s. 43; 2002, c. 17, Sched. B, s. 25.
(3) Nothing in this section prevents the Minister from charging a fee under section 69.1 in addition to a fee under this section. 1994, c. 23, s. 43.
(a)-(f) Repealed: 1996, c. 4, s. 36.
(g) prescribing the form of a warrant and the form in which the information on oath will be taken under section 49.1;
(h) for the purposes of section 62.0.1, prescribing an undertaking or class of undertakings that relates to energy. 1994, c. 23, s. 44; 1996, c. 4, s. 36; 2006, c. 23, s. 25.
70.1 (1) The Minister may make regulations,
1. prescribing forms for the purposes of this Act and providing for their use;
2. prescribing information and material that are to be provided under this Act and the manner in which they are to be provided;
3. prescribing the manner in which any notice is to be given under this Act, including the persons or public bodies to whom it shall be given, the person or public bodies who shall give the notice and the contents of the notice;
4. prescribing the timing requirements for any notice given under any provision of this Act;
5. prescribing information and material that must be included in any record;
6. prescribing plans or policies and provisions of those plans or policies for the purposes of clause (f) of the definition of “provincial plan” in subsection 1 (1);
7. prescribing any ministry of the Province of Ontario to be a public body under subsection 1 (3);
8. excluding any board, commission, agency or official from the definition of “public body” under subsection 1 (4);
9. prescribing conditions for the purpose of subsection 8.1 (1);
10. prescribing a term for the purpose of clause 8.1 (3) (a) and qualifications for the purpose of clause 8.1 (3) (b);
11. prescribing eligibility criteria for the purpose of subsection 8.1 (4);
12. prescribing classes for the purpose of clause 8.1 (5) (c);
13. prescribing requirements for the purpose of subsection 8.1 (8);
14. prescribing the methods for determining the number of members from each municipality to be appointed to a municipal planning authority under subsection 14.1 (5);
15. prescribing matters for the purpose of clause 16 (1) (b) and for the purpose of clause 16 (2) (c);
16. prescribing the processes to be followed and the materials to be developed under section 16.1;
17. prescribing municipalities for the purposes of subsection 17 (13) and section 69.2;
18. prescribing information and material for the purposes of clauses 17 (15) (a) and (b), public bodies for the purposes of clause 17 (15) (b) and the manner of making information and material available for the purposes of clause 17 (15) (c);
19. prescribing, for the purposes of clauses 17 (17) (a) and (b), clause 22 (6.4) (a), clause 34 (10.7) (a), clauses 34 (13) (a) and (b) and clause 51 (19.4) (a),
i. persons and public bodies,
ii. the manner of giving notice, and
iii. information;
20. prescribing time periods for the purpose of subsections 17 (44.4), 34 (24.4) and 51 (52.4);
21. prescribing public bodies for the purpose of clause 26 (3) (a);
22. prescribing upper-tier municipalities for the purpose of subsection 28 (2);
23. prescribing matters for the purpose of subsection 28 (4.0.1);
24. prescribing conditions for the purpose of subsection 34 (16) and limitations for the purpose of subsection 34 (16.1);
25. prescribing rules of procedure for committees of adjustment;
26. prescribing criteria for the purposes of subsection 50 (18.1) and subsection 57 (6);
27. requiring that notice be given under subsections 51 (20) and 53 (5);
28. prescribing rules of procedure under subsection 53 (9) for councils and their delegates;
29. prescribing persons or public bodies for the purposes of subsection 53 (10);
30. prescribing rules of procedure for district land division committees constituted under section 55;
31. prescribing any other matter that is referred to in this Act as prescribed, other than matters that are prescribed under sections 70, 70.2 and 70.3. 2006, c. 23, s. 26.
(2) A regulation made under this section or section 70 may be general or particular in its application. 1994, c. 23, s. 45.
70.2 (1) The Lieutenant Governor in Council may, by regulation,
(a) establish a development permit system that local municipalities may by by-law adopt to control land use development in the municipality; or
(b) delegate to local municipalities the power to establish a development permit system upon such conditions as may be set out in the regulation. 1994, c. 23, s. 46.
(2) A regulation under subsection (1) may,
(a) vary, supplement or override any provision in Part V or any municipal by-law passed under Part V as necessary to establish a development permit system;
(b) authorize or require a local municipality to pass a by-law to vary, supplement or override a by-law passed under Part V as necessary to establish a development permit system;
(c) exempt a municipality which has adopted or established a development permit system from any provision of Part V set out in the regulation;
(d) prohibit a municipality which has adopted or established a development permit system from passing a by-law under those provisions of Part V that are specified in the regulation;
(e) set out procedures for appealing to the Municipal Board in respect of a development permit or a condition in a permit, including prescribing persons or public bodies that may appeal to the Board in that regard;
(f) prescribe policies that must be contained in an official plan before a development permit system may be adopted or established;
(g) prescribe conditions or criteria that must be met before a municipality passes a by-law adopting or establishing a development permit system;
(h) prescribe conditions or criteria that must be met before a development permit may be issued or that must be included in a development permit;
(i) prescribe powers that the municipality may exercise in administering a development permit system;
(j) limit or restrict the manner in which municipalities may exercise the power to issue development permits or pass by-laws adopting or establishing a development permit system;
(k) establish different standards or procedures for different municipalities or classes of municipalities;
(l) authorize the municipalities to appoint employees to carry out the duties required under the development permit system and delegate to them the powers necessary to carry out these duties;
(m) require any owner of land, upon the request of the municipality, to enter into agreements with the municipality as a condition to obtaining a development permit;
(n) revoke any provision in a development permit by-law or any condition in a development permit in respect of any defined area and set out other provisions or conditions that apply in respect of that area;
(o) prescribe provisions that must be contained in a development permit system;
(p) exempt any development or class of development, any municipality or class of municipality or any areas from a development permit area or a development permit by-law;
(q) provide for transitional matters that may be necessary to implement a development permit system or to cease using a development permit system. 1994, c. 23, s. 46.
(3) A regulation under this section may be general or particular in its application and may be restricted to those municipalities set out in the regulation. 1994, c. 23, s. 46.
(4) A regulation made under this section prevails over the provisions of any other Act that are specified in the regulation. 1994, c. 23, s. 46.
(5) An agreement entered into under clause (2) (m) may be registered against the land to which it applies and the municipality may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 1994, c. 23, s. 46; 2006, c. 23, s. 27.
Deemed conformity with official plan
(6) If a development permit by-law is passed under this section by the council of a municipality in which an official plan is in effect, subsection 24 (4) applies to the by-law in the same manner as if it were a by-law passed under section 34. 1994, c. 23, s. 46.
Conformity with upper tier plans
(7) If an approval authority has approved an official plan adopted by an upper-tier municipality, every development permit by-law that is then in effect in the area affected by the plan shall be amended to conform with the plan and subsections 27 (2) to (4) apply, with necessary modifications, to the amendment. 1994, c. 23, s. 46; 2002, c. 17, Sched. B, s. 27.
(8) Every person who contravenes a development permit by-law passed under this section or the conditions of a development permit is guilty of an offence and on conviction is liable to the fines set out in section 67 and section 67 applies to the offence. 1994, c. 23, s. 46.
70.3 (1) The Lieutenant Governor in Council may by regulation authorize municipalities to pass by-laws establishing a system for allocating sewage and water services to land that is the subject of an application under section 51 upon such conditions as may be set out in the regulation.
Contents of regulations
(a) prescribe conditions or criteria that must be met before a municipality passes a by-law establishing a system;
(b) prescribe powers that the municipality may exercise in administering the system including the power to issue permits or collect fees;
(c) prescribe policies that must be contained in an official plan before a system may be established;
(d) require that the official plan of the municipality contain policies regarding the allocation of services;
(e) authorize the by-law to apply to any class of plan of subdivision or description under the Condominium Act in respect of which draft approval was given before or after the by-law was passed; and
(f) provide for transitional matters that may be necessary to implement a system.
(3.1) Despite sections 74 and 74.1, a regulation under this section may apply to any application for approval of a plan of subdivision or an application for approval of a condominium description under the Condominium Act in respect of which draft approval was given before or after this subsection came into force. 1996, c. 4, s. 38.
(a) providing for transitional matters respecting matters and proceedings that were commenced before or after the Strong Communities (Planning Amendment) Act, 2004 came into force;
(b) modifying or replacing all or any part of the definition of “area of settlement” in subsection 1 (1). 2004, c. 18, s. 10.
(2) Without limiting clause (1) (a), a regulation under that clause may,
(a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day immediately before the Strong Communities (Planning Amendment) Act, 2004 came into force and which matters and proceedings must be continued and disposed of under this Act as it read on the day the Strong Communities (Planning Amendment) Act, 2004 came into force;
(b) for the purpose of clause (1) (a), deem a matter or proceeding to have been commenced on the date or in the circumstances prescribed in the regulation. 2004, c. 18, s. 10.
(3) A regulation under this section may be retroactive to December 15, 2003. 2004, c. 18, s. 10.
(4) A regulation under this section may be general or particular in its application. 2004, c. 18, s. 10.
(5) A regulation under clause (1) (a) prevails over any provision of this Act specifically mentioned in the regulation. 2004, c. 18, s. 10.
(a) providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date;
(b) modifying or replacing all or any part of the definition of “area of employment” in subsection 1 (1). 2006, c. 23, s. 28.
(2) A regulation under clause (1) (a) may, without limitation,
(a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act as it read on the effective date;
(3) A regulation under clause (1) (a) may be retroactive to December 12, 2005. 2006, c. 23, s. 28.
“effective date” means the date on which section 28 of the Planning and Conservation Land Statute Law Amendment Act, 2006 comes into force. 2006, c. 23, s. 28.
71. In the event of conflict between the provisions of this and any other general or special Act, the provisions of this Act prevail. R.S.O. 1990, c. P.13, s. 71.
72. (1) Repealed: 1994, c. 23, s. 48.
(2) Unless continued in force by an order made by the Minister under subsection (3), every official plan of a joint planning area, other than an official plan that was adopted by the council of a county and other than an official plan of a joint planning area in a territorial district, that was in effect immediately before the 1st day of August, 1983, shall be deemed to have been repealed two years from that day, if not sooner repealed.
Continuation of joint official plans
(3) The Minister may by order provide for the remaining in force of any joint official plan or part or parts thereof that would otherwise be deemed to be repealed under subsection (2) and in such order may make such provision for the effectual continuation of such plan or the part or parts thereof as the Minister considers necessary, including provision for the allocation of the plan or part or parts thereof to any local municipality or county situate wholly or partly within the area to which the plan applies.
(4) The Minister may approve any amendment or repeal of an official plan of a joint planning area that may be proposed by the council of any municipality affected by the official plan. R.S.O. 1990, c. P.13, s. 72 (2-4).
72.1 Even though this Act may be amended after an official plan came into effect, the official plan remains in effect but may be amended or repealed in accordance with this Act as amended. 1996, c. 4, s. 39.
73. (1) Except as provided in subsection (3), on the 1st day of August, 1983, all planning areas including joint planning areas and subsidiary planning areas together with the planning boards thereof were dissolved.
(2) All the assets and liabilities of a planning board dissolved by this section are, in the case of a planning board of a planning area consisting of part or all of one municipality, assets and liabilities of such municipality and in the case of a planning board of a joint planning area, assets and liabilities of the municipalities that form part of the joint planning area and if such municipalities cannot agree as to the disposition of the assets and liabilities, the Municipal Board, upon the application of one or more of the municipalities, shall direct a final disposition thereof.
Planning areas that are continued
(3) Each planning area that immediately before the 1st day of August, 1983, consisted of the whole of two or more municipalities that are situate in a territorial district or consisted of the whole of one or more municipalities and territory without municipal organization or consisted solely of territory without municipal organization shall continue as a planning area under this Act without any change in name until altered or dissolved by the Minister.
Planning boards that are continued
(4) Each planning board of a planning area mentioned in subsection (3) shall continue as a planning board under this Act without any change in name or constitution until the planning area is dissolved or the name or constitution of the planning board is changed by the Minister. R.S.O. 1990, c. P.13, s. 73.
“former Act” means The Planning Act, being chapter 379 of the Revised Statutes of Ontario, 1980. R.S.O. 1990, c. P.13, s. 74 (1).
Matters, etc., continued
(2) Despite the repeal of the former Act by section 73 of the Planning Act, 1983, being chapter 1, any matter or proceeding mentioned in subsection (3) that was commenced under the former Act before the 1st day of August, 1983, shall be continued and finally disposed of under the former Act. R.S.O. 1990, c. P.13, s. 74 (2).
When matters, etc., deemed commenced
(3) For the purposes of subsection (2), a matter or proceeding shall be deemed to have been commenced, in the case of,
(a) an official plan or an amendment thereto or a repeal thereof, on the day the by-law adopting the plan or adopting or proposing the amendment or repeal of the plan is passed;
(b) redevelopment under section 22 of the former Act, on the day the by-law designating the redevelopment area is passed;
(c) subdivision of land under section 36 of the former Act, on the day the application is made under subsection (1) of that section;
(d) a zoning by-law or an amendment thereto, on the day the by-law is passed;
(e) development in a site plan control area, on the day the application is made under subsection 40 (4) of the former Act;
(f) an application made to a committee of adjustment, a land division committee or planning board for a planning area in a territorial district, on the day the application is made; and
(g) an application to the Minister for a consent under section 29 of the former Act, on the day the application is made. R.S.O. 1990, c. P.13, s. 74 (3).
Request to amend official plan
(4) Despite clause (3) (a), where a request to initiate an amendment to an official plan was received by a council before the 1st day of August, 1983,
(a) if the council refuses to propose the amendment or fails to propose it within thirty days from the receipt of the request and the person who made the request requests the Minister to refer the proposal to the Municipal Board, the matter shall be continued and finally disposed of under the former Act; or
(b) if the council accedes to the request, the matter shall be continued and finally disposed of under either the former Act or under this Act as determined by the council. R.S.O. 1990, c. P.13, s. 74 (4); 2009, c. 33, Sched. 2, s. 59 (2).
Report of planning board
(5) In the case of a request to initiate an amendment to an official plan that is continued and finally disposed of under the former Act as mentioned in subsection (4), section 17 of the former Act pertaining to the obtaining of a planning board report do not apply. R.S.O. 1990, c. P.13, s. 74 (5).
Request to amend zoning by-law
(6) Despite clause (3) (d), where an application to amend a zoning by-law was received by a council before the 1st day of August, 1983,
(a) if the council refuses the application or refuses or neglects to make a decision thereon within one month after the receipt of the application and the applicant appeals to the Municipal Board, the matter shall be continued and finally disposed of under the former Act;
74.1 (1) Any matter or proceeding mentioned in subsection (2) that was commenced before March 28, 1995 shall be continued and finally disposed of under this Act as it read on March 27, 1995. 1996, c. 4, s. 40 (1).
(a) an official plan or an amendment to it or a repeal of it, on the day the by-law adopting the plan or adopting the amendment or repeal of the plan is passed;
(b) a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted;
(c) a zoning by-law or an amendment to it, on the day the by-law is passed;
(d) an application for an amendment to a zoning by-law that has been refused or has not been decided before the day this section comes into force, on the day the application is made;
(e) development in a site plan control area, on the day the application under subsection 41 (4) is made;
(f) an application for a minor variance under section 45, on the day the application is made;
(g) an application to amend or revoke an order under section 47, on the day the application is made;
(h) an application for the approval of a plan of subdivision under section 51, on the day the application is made; and
(i) an application for a consent under section 53, on the day the application is made. 1994, c. 23, s. 50; 1996, c. 4, s. 40 (2).
75. (1) Any matter or proceeding that was commenced on or after March 28, 1995 but before this section came into force shall be continued and finally disposed of under this Act as it read on the day before this section came into force.
Determination of date
(2) For the purposes of subsection (1), a matter or proceeding shall be deemed to have been commenced on the day determined under subsection 74.1 (2).
(3) Despite subsection (1), in exercising any authority in respect of a matter or proceeding referred to in subsection (5), the council of a municipality, a local board, a planning board, the Minister and the Municipal Board, shall have regard to the policy statements issued under subsection 3 (1) if,
(a) the matter or proceeding was commenced on or after March 28, 1995; and
(b) no decision has been made in respect of the matter or proceeding. 1996, c. 4, s. 41.
Exception, comments, etc.
(4) Despite subsection (1), in providing any comments, submissions or advice with respect to any matter or proceeding referred to in subsection (5), a minister or a ministry, board, commission or agency of the government shall have regard to the policy statements issued under subsection 3 (1), if,
(b) no decision has been made in respect of the matter or proceeding. 1996, c. 4, s. 41; 1998, c. 15, Sched. E, s. 27 (12).
Deemed commencement
(5) For the purposes of clauses (3) (a) and (4) (a), a matter or proceeding shall be deemed to have been commenced,
(a) in the case of a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted;
(b) in the case of an application for an amendment to a zoning by-law under section 34 that has been refused or has not been decided before the day this section comes into force, on the day the application is made;
(c) in the case of an application for a minor variance under section 45, on the day the application is made;
(d) in the case of an application for the approval of a plan of subdivision under section 51, on the day the application is made; and
(e) in the case of an application for a consent under section 53, on the day the application is made.
Determination of date of decision
(6) For the purposes of clauses (3) (b) and (4) (b), a decision shall be deemed to have been made,
(a) in the case of a request for an amendment to an official plan by any person or public body, on the day that,
(i) the council or planning board adopts all or part of the amendment,
(ii) the council or planning board refuses to adopt all or part of the amendment, or
(iii) the approval authority proposes to approve, modifies and approves or refuses to approve all or part of the amendment;
(b) in the case of an application for an amendment to a zoning by-law under section 34, on the day that,
(i) the council passes the amending by-law, or
(ii) the council refuses the application to amend the by-law;
(c) in the case of an application for a minor variance under section 45, on the day a decision is made by the committee of adjustment;
(d) in the case of an application for the approval of a plan of subdivision under section 51, on the day that the approval authority decides to give or refuses to give approval to the draft plan under subsection 51 (31); and
(e) in the case of an application for a consent under section 53, on the day the council or the Minister gives or refuses to give a provisional consent.
(7) If subsection (3) applies to all or part of an official plan, subsection 3 (8) of this Act, as it read before the coming into force of section 3 of the Land Use Planning and Protection Act, 1996, does not apply to the plan. 1996, c. 4, s. 41.
76. (1) If on November 16, 1995, a detached house, semi-detached house or row house was used or occupied as two residential units, section 1, subsections 16 (2), (3) and (4), 31 (3.1) and (3.2), 35 (1), (3) and (4) and 51 (28), (29) and (30) of this Act and Ontario Regulation 384/94, as they read on November 15, 1995, continue to apply to that house.
(2) Section 1, subsections 16 (2), (3) and (4), 31 (3.1) and (3.2), 35 (1), (3) and (4) and 51 (28), (29) and (30) of this Act and Ontario Regulation 384/94, as they read on November 15, 1995, continue to apply to a detached house, a semi-detached house or a row house if on or before the day on which subsection 20 (1) of the Land Use Planning and Protection Act, 1996 comes into force,
(a) a permit has been issued under section 8 or 10 of the Building Code Act permitting the erection, alteration, occupancy or use of the house for two residential units; and
(b) the building permit has not been revoked under section 8 of the Building Code Act. 1996, c. 4, s. 42.
77. (1) The County of Oxford may exercise all the powers of a lower-tier municipality under this Act, and no lower-tier municipality in the County of Oxford shall, except as provided in this section, exercise any powers under this Act. 2002, c. 17, Sched. B, s. 28.
(2) The council of each lower-tier municipality in the County of Oxford shall be deemed to be a committee of adjustment. 2002, c. 17, Sched. B, s. 28.
Powers of lower-tier municipality
(3) A lower-tier municipality in the County of Oxford may exercise the powers provided in section 28, except under subsection 28 (12), and in sections 29, 30, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 44, 45, 46 and 69. 2002, c. 17, Sched. B, s. 28; 2006, c. 23, s. 29 (1).
Non-application of subs. (2)
(3.1) If a lower-tier municipality passes a by-law constituting and appointing a committee of adjustment under subsection 44 (1), subsection (2) of this section ceases to apply to the council of the lower-tier municipality on the day the by-law comes into force, except with respect to matters that, on that day, are before the council and have not been finally disposed of. 2006, c. 23, s. 29 (2).
(4) Despite subsection (3), if there is a conflict between a by-law passed by the County of Oxford and a by-law passed by a lower-tier municipality in the exercise of a power under subsection (3), the by-law of the County of Oxford prevails. 2002, c. 17, Sched. B, s. 28.
(5) Subsection 54 (1) does not apply to the County of Oxford and the County of Oxford may be or may constitute and appoint a land division committee for the purpose of giving consents under this Act. 2002, c. 17, Sched. B, s. 28.
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A calling to serve
This student veteran is receiving a 2018 Raytheon Patriot scholarship
Alex Davis, recipient of the 2018 Patriot Scholarship, tours the Hardware Integration Center at Raytheon’s Andover, Massachusetts, manufacturing facility. (Photo slightly altered to remove identifying marks.)
It started with a visit to the 9/11 memorial on a cold, November day. Alex Davis felt overwhelmed with emotion as she read from the long list of lost lives that was etched in the marble. In that moment, it became clear: Her calling was to serve.
In 2013, Davis joined the U.S. Army in a medical role. At the time, she was a non-US citizen. After completing basic training, she was naturalized.
“The Army provided me many learning opportunities and helped me realize my full potential,” said Davis. “The clinic where I served was so short staffed that I took on both leadership and patient care responsibilities. I was able to help junior soldiers overcome their mental challenges and it was rewarding to experience their positive transformations.”
Her work as an Army behavioral specialist inspired her to pursue a career in psychology. Today, Davis is working towards an M.A. in clinical psychology at Argosy University in Hawaii.
Davis is one of two recipients of the 2018 Raytheon Patriot scholarships. Each year, hundreds of student veterans apply for the award, named for the company’s Patriot Air and Missile Defense System. The $10,000 scholarship is offered exclusively to U.S. Army veterans pursuing an undergraduate or graduate degree at an accredited university.
Davis has plans to return to the Army as a commissioned officer.
“I want to give back to the Army as a provider and help combat veterans who suffer from post-traumatic stress, anxiety and depression,” she said. “It’s what I was meant to do.”
This past summer, Davis joined hundreds of Raytheon employees at the ballpark in Boston's Fenway for the ninth annual “Run to Home Base,” helping to raise money and awareness in support of veterans suffering post-traumatic stress and other invisible wounds of war. The event raised more than $2 million.
“Running is a mental game,” she said. ”"It’s a reminder of my time in the military.”
The Raytheon Patriot Scholarships are part of the company’s larger efforts to support military members, veterans and their families, including a $5 million partnership with Student Veterans of America, the world’s largest peer network of student veterans. Raytheon employees also participate in a wide range of fundraisers and events supporting armed services members and their families. Over the past 12 years, Raytheon employees have given nearly $1.4 million through a donor-advised fund to aid in many charitable organizations like Home Base.
“The Run to Home Base represented a race to the finish line, helping veterans combat their PTSD,” said Davis. “It was beyond rewarding.”
Raytheon: Military Families and Veterans
Raytheon Jobs: Veterans
Four Myths About Student Veterans
Requirements for the Patriot Scholarship
Running for Our Heroes
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High court won't review "state secrets" privilege in 'Area 51' case
High court won't review "state secrets" privilege in 'Area 51' case 11/16/98 WASHINGTON, D.C.--The U.S. Supreme Court refused in early…
High court won’t review “state secrets” privilege in ‘Area 51’ case
WASHINGTON, D.C.–The U.S. Supreme Court refused in early November to hear an appeal of a lawsuit by workers at a “secret” air base near Groom Lake, Nev., dubbed “Area 51.”
The federal government, which repeatedly refused to acknowledge the existence of the facility, had successfully invoked a little-used “state secrets privilege” to block the workers from gathering evidence or obtaining a trial on claims that they were poisoned by the open burning of hazardous wastes at the site.
The late Wally Kasza, a sheet metal worker at Area 51, together with other workers at the site began working with the Environmental Law Advocacy Center at George Washington University in Washington, D.C., in 1994, hoping to learn what chemicals they had been exposed to so they could get appropriate medical attention, especially for painful scaly and bleeding skin lesions they were experiencing.
After Kasza died of cancer, his widow filed suit, as did the widow of another sheet metal worker, Robert “Frostie” Frost, who had died in 1990 of a liver disease associated with exposure to smoke containing chemicals. They asked the court to enjoin further environmental abuses. Five other workers joined the suit in federal District Court in Las Vegas, which ruled for the government in March 1996.
The high court’s rejection of the case lets stand a ruling in January by the U.S. Court of Appeals in San Francisco (9th Cir.) that the Air Force could invoke the common law state secrets privilege to protect military secrets at Area 51, and that once invoked, the privilege is absolute, protecting even innocuous-seeming information from disclosure.
The appeals court had also approved use of a Presidential exemption to disclosure requirements of the Resource Conservation and Recovery Act, a law which generally requires government agencies to reveal environmental hazards. The Air Force allowed the Environmental Protection Agency to inspect the site after the lawsuit was filed, but President Clinton then exempted it from any legal requirement that might disclose classified information.
Judge Wallace Tashima concurred in the result, relying solely on the conservation law’s Presidential exemption. He said the exemption preempts use of the state secrets privilege. He noted that the law is more narrow than the privilege. It allows only the President to invoke the exemption, and it requires him to notify Congress when he invokes it and to renew use of the exemption yearly.
The workers and widows said that throughout the 1980s the Air Force and its contractors regularly filled 55-gallon drums with toxic wastes, emptied them into football-field size trenches, doused them with jet-fuel and burned them.
They claimed that the U.S. Air Force generated and mishandled hazardous substances, and that the Environmental Protection Agency failed to take necessary action to enforce the requirements of the resource conservation act against the Air Force. (Kasza v. Browner; Plaintiffs’ Attorney: Jonathan Turley, Washington, D.C.)
Poisoning case dismissal compelled by "state secrets" privilege
High court grants review in media "ride-along" cases
High court won't review denial of access to Justice database
'Neutral report' privilege does not apply to private figures
Reporter's privilege held to protect non-confidential information
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25 September 2018 @ 19:45 – @ 22:00 St Mary the Virgin, Twickenham Riverside, TW1 3NJ
LONDON CONCHORD ENSEMBLE
The Robert Stoker Concert
J S Bach:
Orchestral Suite No. 2, BWV1067
Viola da gamba Sonata No. 2 in D, BWV1028
Vivaldi:
Violin Concerto, RV253 “La Tempesta di Mare”
Piccolo Concerto, RV443
Trio Sonata, BWV1039
Autumn, from The Four Seasons
Sponsored by Hazel Watson
London Conchord Ensemble is one of Europe’s leading chamber ensembles. Its imaginative programming and charismatic performance style has won it many accolades over the years, and it celebrated its 10th anniversary with a BBC Chamber Music Prom at Cadogan Hall. The group has made frequent broadcasts on BBC Radio 3 and American National Public Radio. Highlights of recent seasons include performances at the Amsterdam Concertgebouw, Wigmore Hall, Dusseldorf Tonhalle, Brussels Palais des Beaux Arts, Library of Congress in Washington D.C., and tours of Germany, France, America and New Zealand.
Conchord performed a ten centre nationwide tour as part of Chamber Music New Zealand’s International “Kaleidoscopes” Concert Season that included Radio New Zealand broadcasts. With a variety of programmes designed to showcase their flair and flexibility, the group also reached out to a younger audience where they introduced great chamber music works to children.
London Conchord Ensemble enjoys regular collaborations with guest artists and its concerts in the Schleswig Holstein, Windsor, Newbury, Winchester and Chelsea festivals have included Dame Felicity Lott, Robin Tritschler, Toby Spence, Susan Bickley, Andrew Kennedy, James Gilchrist and Katherine Broderick. It has presented its own weekend festivals of world-class performances with new commissions and innovative collaborations with guests including Simon Callow, Roderick Williams, Duncan Ward and Action to the Word Theatre Company.
One of Conchord’s strong interests is setting chamber music within a larger artistic context and its project “The Rhythm of Silence” combines the writing of Virgina Woolf with Britten’s Phantasy Op. 2 in a striking performance piece. The work which received 5-Star reviews is a co-commission of Rathfinny Vineyard and the Charleston Literary Festival and was premiered at Charleston with Juliet Stevenson in the role of Virginia Woolf.
Since its foundation the London Conchord Ensemble has been ensemble-in-residence at Champs Hill, Sussex, where the group has recorded much of its discography. Its double disc sets of Bach and the complete chamber works of Francis Poulenc have been released to great critical acclaim. It has also recorded on the Sanctuary Classics/ASV, Black Box and Quartz labels.
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Courtesy of the Rock Hall Library and Archive
The Impressions
Richard A. Brooks
Jerry Butler
Fred Cash
Sam Gooden
Rock Hall Stories
Related Inductees
A bridge in more ways than one.
The Impressions traversed the sounds of the Fifties and Sixties as well as old and new social attitudes. Their music was the sound of the civil rights movement.
The Impressions provided a critical link between Fifties rhythm & blues and Sixties soul.
They pioneered and epitomized the sound of Chicago soul, a marriage of gospel and pop influences with a timely conscience. From the beginning, leader Curtis Mayfield was an innovative songwriter and producer whose work with the Impressions was typified by sophisticated yet celebratory grooves, elaborately detailed vocal arrangements, and lyrics that addressed and advanced the black freedom movement of the Sixties. On the strength of such indelible songs of striving and transcendence as “People Get Ready,” “Keep On Pushing” and “We’re a Winner,” Mayfield has been credited with authoring “the soundtrack to the civil-rights movement.”
The Impressions came together as a union between Sam Gooden, brothers Richard and Arthur Brooks (members of a vocal group called the Roosters) and songwriter/producers Jerry Butler and Curtis Mayfield (of the Northern Jubilee Gospel Singers). Their debut single, “For Your Precious Love,” was a masterpiece of dramatic, resonant soul testifying that sold 900,000 copies and rose to Number Eleven on the Top 40. Released in 1958, it was credited to “Jerry Butler and The Impressions.” The spotlighting of the song’s lead vocalist resulted in jealousies leading to Butler’s departure that same year. For a few years thereafter, the Impressions floundered, but they regained their footing and discovered their signature sound in the early Sixties with Mayfield in command. First, Mayfield co-wrote and performed on “He Will Break Your Heart,” a stately soul gem that became Jerry Butler’s first solo hit. In 1961 a re-formed Impressions, which found Butler replaced by Fred Cash, released “Gypsy Woman,” a marriage of Brazilian rhythms and sensuous soul distinguished by Mayfield’s sweet, supple falsetto.
Reduced to a trio by the departure of the Brooks brothers, the Impressions soared through the Sixties with a string of chart successes that established the group as the social conscience of soul music. Their biggest hit was “It’s All Right” (Number One R&B, Number Four Pop), a casual, easygoing soul shuffle that provided much-needed comfort and solace to a nation reeling from the recent assassination of President John F. Kennedy. The Impressions songs that have had the greatest staying power are those, like “People Get Ready” and “Amen,” that provided inspiration to those caught up in the social struggles of the Sixties. All the while, Mayfield’s work outside the group as a songwriter and producer yielded a bumper crop of Chicago-soul hits for such artists as Major Lance ("The Monkey Time,” “Um, Um, Um, Um, Um, Um") and Gene Chandler ("Just Be True,” “Nothing Can Stop Me").
After leaving the Impressions in 1970, Mayfield addressed issues of black identity and self-assertiveness with an even greater sense of urgency as a solo artist. He founded his own Curtom label and connected with such topical fare as “(Don’t Worry) If There’s a Hell Below We’re All Going to Go.” His solo career found him giving freer reign to his guitar playing, a choppy, rhythm-based funk style that owed much to his Chicago blues heritage. (Among other things, Mayfield had played guitar on a few Jimmy Reed sessions.) Mayfield hit his creative and commercial peak in the Seventies with the soundtrack to Superfly (1972), a blend of smoldering rock-disco grooves and pointed social commentary that yielded the Top 10 hits “Freddie’s Dead” and “Superfly.”
Throughout his career, Mayfield’s willingness to give voice to the truth—and the simultaneously dignified and funky ways in which he musically cast forthright sentiments—have made him one of the great soul icons of the age. Mayfield was paralyzed from the neck down in a 1990 accident when a lighting tower fell on him prior to a show in New York. However, this tragic setback did not diminish his spirit or his career. In 1996 he released his twenty-fifth solo album, New World Order. In his own words: “How many 54-year-old quadriplegics are putting albums out? You just have to deal with what you got, try to sustain yourself as best you can, and look to the things that you can do.” He died in 1999.
Inductees: Arthur Brooks (deceased), Richard Brooks (born May 13, 1940), Jerry Butler (born December 8, 1939), Fred Cash (born October 8, 1940), Sam Gooden (born September 2, 1934), Curtis Mayfield (born June 3, 1942, died December 26, 1999)
Memories of Inductions Past
What were the Rock & Roll Hall of Fame's Induction Ceremonies like before they were broadcast on television? Writer Andy Schwartz reveals some of his favorite Induction memories.
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Home Culture Culture Features
March 7, 2019 5:46PM ET
Meet the Real Estate Appraiser of the World’s Most Gruesome Murder Sites
Randall Bell has appraised the sites of the most notorious crime scenes in history, from the JonBenét Ramsey house to the Heaven’s Gate mansion
EJ Dickson
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Brokering O.J. Simpson's house in Los Angeles was one of Randall Bell's first jobs in the crime-scene industry.,
Steve Granitz/WireImage
“Oh, I’ll tell you a bizarre one!” Randall Bell says. His tone is so cheery that I half expect him to launch into a recounting of his fondest childhood memory, or a ranking of his favorite Ben and Jerry’s ice cream flavors. But instead, he tells a story about a property he appraised where a family who had recently moved in discovered a bullet hole in the daughter’s closet. The father followed the trajectory the bullet would have taken, only to stumble on a gruesome crime scene in the basement.
While such a scene would permanently scar most people, it’s not that unusual for Bell, a PhD in sociology who for the past few decades has worked as an appraiser of “stigmatized” real estate properties — murder, crime and disaster sites around the world. He’s consulted on the house where Nicole Brown Simpson was killed, the Flight 93 crash site, the Heaven’s Gate mansion, and the site of the Manson family murders; his clients range from insurance companies to lawyers to federal governments to “families around the kitchen table. Basically, whoever’s going through a tragedy.” He’s not into the macabre, he insists — just driven by the need to help people when they’re going through difficult times.
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“For some reason, I’m able to handle a high level of trauma,” he says. “I look at my whole career built around helping people through really tough situations.”
Rolling Stone caught up with Bell to discuss Satanic worshippers, the creepiest part about the Heaven’s Gate mansion, and what, exactly, makes the Jeffrey Dahmer property so special.
So how exactly do you get into this line of work?
Well, the short answer is I was appraising commercial real estate for years here in SoCal and quite honestly it got a little routine. I applied to law school and miraculously was admitted and I was in my backyard in the pool the weekend before classes started, and I thought, “You know what? I don’t know if the world needs another lawyer.” I thought “What if I apply my skill set on what creates value and how to measure value, and I turn it upside down and I look at what creates losses in value?” I thought it would be fascinating, because I think I have adult ADD, and I like interesting, challenging things. I thought, “I’m gonna go for it.” Back in those days we had these things called fax machines, and I faxed my resignation to law school, and I told all my clients I would only do real estate that had been damaged in some respect. I had no idea that my future would involve O.J. Simpson and the World Trade Center and the Flight 93 crash site and JonBenét Ramsey. None of that was foreseen. Frankly, it was just dumb luck of all the cases that came along after I made that decision.
What was your first big case?
Ironically, it was O.J. Nobody knew who I was or cared until O.J. came, and that was so funny because I knew the guy [George Ryon] who did the Menendez brothers’ house in Bel Air, and his wife [Ruth Ryon] wrote for the Los Angeles Times, a column called Hot Properties in the real estate section. I’d been out to dinner with them and I knew them both, and I was asking George about the Menendez property and Ruth called me up and said, “Hey, I heard you’re working on the OJ thing,” and she put one or two sentences in the newspaper with my name, and what I told her was pretty benign, but i swear to you the whole world called and I’ve never looked back since the O.J. Simpson case.
How did you get involved with the O.J. Simpson case?
[Nicole Brown Simpson’s father] Lou Brown is in the neighborhood, and we have some mutual friends and he asked me to do the appraisal work [of Nicole Brown’s house]. I had the delicate task of telling Lou — Lou is a really cool guy, but he thought the property would be more valuable because it was famous. I had the delicate task of sitting with him over lunch and saying, “Hey, just because something is well-known doesn’t mean it’s necessarily more valuable. I hate to tell ya, but there’s good news and bad news: the bad news is that the property value has gone down, but over time it can be somewhat restored. So we got a renter in there to pay the bills, and he sold it later.
What was Lou Brown’s attitude like? I can imagine it would be quite an emotional experience, because it’s the place where his daughter was killed.
Well, you’re right, but what I’ve learned is that every disaster has a practical side and an emotional side. Everyone gets the emotional side intuitively, but on the practical side Lou had bills to pay. So he’s dealing with the trauma of losing his daughter, but he also had to maintain this real estate. You know, he was a WWII veteran. He was of the Greatest Generation. He was a guy that was accustomed to being under fire and so he had a very calm demeanor about the whole process.
“I had no idea that my future would involve O.J. Simpson and the World Trade Center and JonBenét Ramsey.”
Generally speaking, how much does a murder or a major crime cause a property value to plummet?
You’re not gonna like my answer, but here it is. It’s a remarkably wide spectrum. I’ve seen properties that sell at full value. The Jeffrey Dahmer property in Milwaukee actually sold for a premium, and there’s a backstory for that. Generally it’s 10-25 percent in terms of a loss in value.
What’s the backstory for the Jeffrey Dahmer property?
When he was arrested, at the same time, coincidentally, there was a group called Campus Circle, and they were trying to buy up all the housing in the area that was crime-ridden where Dahmer lived and create more student housing in Marquette University. They were really upset for a lot of reasons, but one of the reasons was having a bunch of investments right next to Dahmer’s property really was messing up their plans. So they went to the Dahmer property, and the owner of the apartment complex knew they were highly motivated and he held out for a premium. But that is really highly unusual. The typical thing I’ve seen over and over again is the 10-25 percent drop.
[With] the Lizzie Borden house in [Massachusetts], that property, they monetized that crime, if you will. They have bed and breakfasts and you can sleep in the room where Lizzie Borden’s mother was murdered with an ax for hundreds of dollars a night. But as a general rule, those kinds of things don’t happen. Heaven’s Gate, JonBenet Ramsey, O.J. — there’s literally hundreds of cases people haven’t heard of, and those typically fall into the 10-25 percent pattern, but there are some unique one-off circumstances.
Is it just the stigma or is there actual damage done to the house that reduces its value?
That’s a great question, because with the Heaven’s Gate mansion there was a lot of physical damage because — I don’t want to be graphic or anything, but —
You’re welcome to be as graphic as you want.
Oh, OK, then I’ll be really graphic. By the way, I don’t have any morbid curiosity. I don’t want to see bodies or crime scene photos, I’m not into that. With Heaven’s Gate, I waited till after they finished taking out the bodies. But when I went in, I just wanted to barf because it smelled so bad. There had been bodies decomposing for three days, and there was blood all over the place — blood on the carpet and the marble, all throughout the house.
Why blood? Didn’t they take phenobarbital?
Yeah. The reason why — they call their bodies vehicles, and when you have a decomposing vehicle for three days, when the bodies are picked up and put on gurneys, the vehicles leak. That’s the way I guess I could put it. So it was odd, but there was blood coming out from various orifices, and it smelled so bad. So we actually got a biohazard company to come in and test the porous surfaces, the vents and the carpet and the drapes. There was biological contamination and all that stuff had to be ripped out. So that’s an extreme example, but I did a house last year that was on the front page of People magazine, and there were bullet holes in the windows and stuff like that.
Randall Bell in 1997, in front of the Heaven’s Gate estate where 39 people committed suicide. Photo credit: Bob Grieser/Los Angeles Times/Getty Images
What house was it?
It was the kid who drove down from college in San Juan Capistrano and he shot his parents and his little brother, who was disabled. But I’ve seen lots of bullet holes and blood and chipped marbles from gurneys, that kind of thing. I’ve seen where they had to rip out the floorboards because the blood soaked through the carpet, that kind of thing. So you do see some damage.
If the house is damaged in that sense, what can you do to make the property value go up and to fix it?
The first rule I got is you gotta be realistic. Trying to make the value go up is tough. With Neverland, that’s never gonna turn into Graceland because it’s simply too remote. You look for any opportunity, but generally speaking, a crime scene is not gonna become a museum or tourist attraction. What I’m trying to do is mitigate the damage. I’m trying to make the best I can out of a bad situation, recognizing that it’s not gonna be normal or have a normal return. You’re just trying to minimize the losses. We divide everything into 3 categories: cost, use and risk. The costs are the cleanup costs of the blood or the bullet holes or what have you. In one case, Satan worshippers were coming into the house and they started a fire inside the garage in a Satanic ritual, so those all have costs. The second element of use means the house isn’t being normally used, so there’s a way to calculate the loss of use. And the word “risk” is synonymous with stigma, which means there’s a resistance on part of the market to pay full value. So that’s how we do every case.
Are there examples of people who actively seek out stigmatized properties?
Oh, yeah. One thing that a lot of people don’t know: after a murder or some horrible event there’s a segment of society — which I honestly don’t get — they try to break in and have Satanic rituals. It’s a big problem. I’ve spoken to clients about it and police about it, and there’s certain techniques to get rid of them.
Spotlights, security guards, video. My approach is to take a no-nonsense, very hard-ass approach. These people are like cockroaches: they will sneak in in the dark, but the minute you turn on the lights or you pump a shotgun or whatever you do, they just scram. So I’ve been in houses with flashlights and guns because we’ve had this problem, and they can destroy your property. I shut this down in a second.
What kinds of houses attract these Satanic worshippers?
Lots of them do. There was a case I worked on and I think there were a lot of Satanic rituals. It was a reputed mob murder house, but I hadn’t heard of it before I got the phone call.
What are the properties you get asked about the most?
The strangest case was Heaven’s Gate. It was just so bizarre on so many levels. I was really fascinated by the brainwashing techniques that [Heaven’s Gate leader] Do used, and the way he rigged the house to control his followers was generally not known in the media, but it was bizarre. There was a whole process — he would entice people who were actually very bright, who were academically smart people, with a new, magical world kind of pitch. Once he had them in the house, he controlled all the thinking. In fact, I was walking through the house with a reporter, and everything in the house was labeled. I’m not exaggerating: every light switch, every drawer, every cupboard, every shelf, every jar, every single thing you saw was labeled. And she said, “That was because he was trying to eliminate the need to think for yourself about anything.” Even the most mundane detail, the thinking was already done.
The other thing he did: literally there were wires going through the chimney. There were wires everywhere. It was fanatically wired. Every square inch of that house was bugged. You could not go anywhere and have a private conversation. I remember the phones — they had these folding tables, like phone banks, and every phone was rigged, so if you were on the phone somebody was listening in on your conversation. He eliminated any private moments or any ability to think for yourself or reason to think for yourself. Nobody slept in the room by themselves. Nobody went to the bathroom by themselves. Through this process, people who were otherwise intelligent were believing the craziest stuff they’ve ever heard. And that’s how he did it.
“Generally speaking, a crime scene is not gonna become a museum or tourist attraction. What I’m trying to do is mitigate the damage.”
What are some of the more under-the-radar properties you’ve appraised?
A couple weeks ago, I was in the house of — there’s a famous mansion in Los Feliz where in 1959, a doctor murdered his wife. For 60 years nobody got inside that house and I just got inside that house for the first time and was free to take pictures. That was pretty crazy because I knew about that house, and it was just kind of this forbidden property that no one could go into for decades. It was in the hands of people that didn’t want anybody in the house. For whatever reason, these families that owned it – that was their agenda. It went into probate, and it went into the kids’ hands, and they had the same attitude. It was an architecturally beautiful property, but obviously it had been neglected for decades. It had the wood on the wood frames, the single sheet glass. It was like taking a step back in time. I’m not into seances, but there were some people with me that conducted a seance, and I just kinda watched. It was bizarre to me just to get access to it or be invited to it.
Now I’m trying to think, under the radar…a story where the husband goes crazy, shoots the wife, then shoots himself — I’ve lost track of how many times I’ve seen that. Those happen all the time.
Oh, I’ll tell you a bizarre one! Here in southern California, in Mission Viejo — this family bought a house, and they move in, and the daughter is putting her clothes away in the closet, and she notices a hole in her closet floor. So she gets her dad and says there’s a hole in the closet floor and sure enough, it’s a bullet hole and then the dad looks around and sees one in the ceiling and lines up the trajectory and goes downstairs, and behind the water heater up on the ceiling was a bunch of blood and brain matter. The family had not been told the house had belonged to a guy who committed suicide in the garage and the people that sold it failed to disclose it, and failed to cleaned up the blood and the brains. So that was really pretty disturbing for this family, and I saw it myself, it was disturbing to me. They filed a lawsuit against the broker and the seller, because legally, in New York and California, you have to disclose that stuff.
Can you tell me about the properties you’ve looked at with paranormal activity? I know you said you didn’t believe in that, but I know you’ve been called to appraise those properties.
I haven’t see any ghosts. I’ve seen some weird things, but I haven’t seen ghosts. I’ll tell ya one interesting story about Heaven’s Gate: the owner of the property put me in charge of everything basically, and I took the media through the house on a tour, and every single person I took through the property, I would take them through the house and we saw where the bunk beds were, and at the end of every single tour I said, “What’d you think? Were you OK with that?” Because a lot of people were nervous or creeped out about the whole thing. And I swear to you every single person said the same thing: “Oh, I was fine with it, except for this one room where I felt creepy.” And everyone identified the same room. I kept that to myself, but the room everyone was referring to was a room where there were four bodies, two bunk beds with four bodies. There was no blood in the room, there was nothing — you gotta understand, there were 39 bodies in the house, so there were bodies in every single room, so there wasn’t anything special about that particular room, but everyone said that who I took through the house.
Why are these properties not just razed?
That’s s a question that comes up all the time. The answer is when you bulldoze a property, you have not bulldozed the stigma. The stigma is attached to the land. I’ll give you an example: Megan Kanka, the little girl in Megan’s Law — [the law requiring sex offenders to register for a public database] house was bulldozed, now it’s a park. Jeffrey Dahmer’s property was bulldozed and that land — I was just there two months ago and it’s still vacant. Think of it this way: have you been to a Civil War site around the country? You go there and you don’t see any bodies or cannons or swords, but because what happened on that land is so profound and important, the land is considered sacred to so many people. It’s the same with crime scenes. The stigma is attached to the land: you can bulldoze, but you can’t get rid of the stigma.
A new house sits on the location of the Manson Murders on Cielo Drive, Los Angeles. Photo credit: REX/Shutterstock
Is that the case even in cities like San Francisco or New York, where land is at a very high premium?
That’s a good point, because you have different effects in the rural, suburban, and urban markets. In New York, Chicago, L.A., there are lots of properties where crimes have been committed and they don’t bulldoze and life goes on. But in cases where people have bulldozed the property — I’ll give you another example. I worked on the Sharon Tate property. That property was bulldozed, and I’m telling you, tourists still go by that property to this day. So bulldozing doesn’t accomplish anything, really. The Heaven’s Gate mansion was bulldozed completely — the fences, the driveway, every tree — and they rebuilt on it, and people point to the property to this day, and say, “That was the Heaven’s Gate mansion.” O.J.’s house was bulldozed, but when I was there they had the tennis court and the guest house was left. So I’m generally against bulldozing, because it doesn’t get rid of the stigma.
What do you think you’ve learned about the human condition as a result of doing this work?
I’ve thought a lot about that. I started my career in the 1980s as a numbers guy. I can do the research and calculate the numbers well. But I’ve gotten to know the people behind the statistics, and that’s really had a life-altering effect on me, and frankly, the people behind the statistics are more interesting.
“I’ve gotten to know the people behind the statistics, and that’s really had a life-altering effect.”
Well, I worked on the Bikini Atoll weapons test sites, where the U.S. government detonated bombs, and in that case I got an award for my clients for $2 million so they could rebuild their community, so that’s pretty fulfilling. I think Buddha had it half right. He said life is suffering. And I think life is really better described as a blend of joy and suffering, and we need to learn to embrace both of them. Because then your quality of life will suffer as a consequence.
You said before you weren’t really a macabre guy, but talking to you…I mean, you’re very cheerful for someone who sees the byproduct of so many horrific crimes. What would you say you’ve learned about yourself as a result of doing this job?
I have a high threshold for drama, for some reason. I really do. I volunteer with prisoners at San Quentin and at Orange County jail. For some reason, I’m able to handle a high level of trauma. That being said, I don’t look at the macabre. I look at my whole career built around helping people through really tough situations, because while people are freaking out and are in total shock and their lives are destroyed, I can walk in and because I’m acclimated to this, I’m able to give them sound advice and sound information to help them through it, at least in part, and in some way make their life a little bit better and take some of the stress off them. I’m not there to gawk at the murders and suicides, but I love helping people through really tough times. It’s kinda like a fireman helping people in horrible auto accidents. I’m there to help. I’m not there to gawk and stare and be a voyeur.
Correction: This article previously stated that Lizzie Borden’s house is in Rhode Island. It is in Fall River, Massachusetts.
In This Article: Charles Manson, Crime, long reads, O.J. Simpson
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Old driver’s license? You can still fly for 2…
Free tuition at Shasta
Inhaled: Episode 3
Corning Farmers Market
Old driver’s license? You can still fly for 2 more years
PUBLISHED: January 8, 2016 at 4:43 pm | UPDATED: May 17, 2018 at 7:35 am
NEW YORK (AP) Fliers who don’t have the latest driver’s licenses will have a two-year reprieve before their IDs are rejected at airport security checkpoints.
Many travelers had been worried that the Transportation Security Administration would penalize them because of a federal law requiring newer, more-stringent IDs at the start of this year.
But late Friday afternoon, the Department of Homeland Security said passengers could continue using their current IDs until Jan. 22, 2018. Some would have until Oct. 1, 2020.
After those dates, passengers without the proper driver’s licenses would have to use other federally-approved forms of ID such as a passport.
The Real ID Act, approved by Congress in 2005, set minimum standards for licenses in response to security concerns following the Sept. 11, 2001, terrorist attacks. Enforcement of those requirements has repeatedly been delayed.
For a license to be compliant with the Real ID Act, the state issuing it must, for example, incorporate anti-counterfeit technology into the card, verify the applicant’s identity and conduct background checks for employees involved in issuing driver’s licenses.
Currently, 23 states and U.S. territories have complied with the act and 27 states and territories have been granted an extension. Five states Illinois, Minnesota, New Mexico, Missouri and Washington and American Samoa have not complied and have not been granted an extension.
Those states oppose requirements in the law that include storing images of documents that driver’s license applicants present as proof of their identity, such as birth certificates. State officials say that information could be breached and could be used to track law-abiding U.S. citizens.
They also oppose the U.S. government unilaterally setting standards in an area traditionally handled by the states.
Follow Scott Mayerowitz at twitter.com/GlobeTrotScott. His work can be found at http://bigstory.ap.org/content/scott-mayerowitz
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Gillian Anderson & Jamie Dornan exclusive interview
Broadchurch, who? The Fall is our new TV obsession. Gillian Anderson and Jamie Dornan’s police officer/serial killer dynamic is the most thrilling thing on the small screen. We’re hooked.
By Hannah Gilchrist
Jonty Davies
Gillian Anderson is a great actress. She must be, because there is absolutely no way she could possibly be as calm and collected as she appears to be, while being picked up and swung around by a man as incredibly handsome as Jamie Dornan, it is almost absurd.
If she is having the same teenage palpitations as the rest of the Red photoshoot crew in her co-star Jamie Dornan’s presence, then for God’s sake, someone give this woman an Oscar because, honestly, you would never know.
It is late on a Monday afternoon, and Anderson (who needs no introduction to anyone who owned a television in the 1990s) and Dornan (who you might need to Google but, when you see the Calvin Klein shots from his modelling days, all oiled and astride Eva Mendes, you won’t regret the task) are here to talk about . It’s a dark, gripping, brilliant BBC drama, in which Anderson plays DSI Stella Gibson, a police officer in the Jane Tennison vein, while Dornan plays Paul Spector, a serial killer unleashing hell on the streets of Belfast. The casting is spot on. For Anderson, it’s a welcome return to TV after nine years as The X Files’ Dana Scully, via the BBC’s Great Expectations and a Bafta-winning role in Channel 4’s Any Human Heart. For Dornan, it’s by far his biggest role to date ahead of landing the role of Christian Grey in the forthcoming movie adaption.
‘You do read so much shit,’ Dornan laughs, post-shoot, of the roles he has been offered in the past. ‘I don’t know if I particularly get sent more than other people, and some of that might have to do with the fact that I modelled, but very often I get pushed towards a similar type of role. Usually it’s the character that, two pages before the end, kisses a girl and that’s that. It’s so rare that a character this good would even be an option for me. I didn’t think I’d have a chance in hell of playing Spector. I’ve never been on British television before, so for my first thing to be something as good as this…’
‘Yeah, they made you jump through some hoops,’ Anderson adds, from her seat next to him on a huge leather sofa. ‘But I think it was pretty clear from the beginning that you were the man for the job. I just think it was a matter of convincing the powers that be. I’ve been in the same situation before, with people fighting my corner, but having to convince studios that you’re the one – it takes some effort.’
They may have very little screen time together – as the hunter and the hunted, they play a continual game of cat and mouse – but the bond between the two is easy. They joke around on set while, during our interview, it’s more of a conversation between the two of them than an interview for me, with Anderson offering Dornan advice, and him taking in every piece. For both actors, this show seems to be an important moment in their careers.
‘I think Stella is probably one of my favourite characters I’ve played,’ says Anderson, 44, in her transatlantic lilt, a blend of the British accent from her formative years living in London, with the American one picked up from years living Stateside.
She now, once again, lives in London, with her three children – Piper, 18, Oscar, six, and Felix, four. ‘I haven’t figured out how to say this without it sounding bad, but I feel like Stella is closer to me than anybody I’ve played before.’ She pauses, before bursting out laughing, adding, ‘It’s just I usually say that after I say I think she’s really cool.’
‘Wow,’ Dornan deadpans, joining in the laughter.
‘I know! It doesn’t come out so good,’ Anderson grimaces. ‘But I really like her as a woman, I like her more as a woman than me. I think there’s something really cool about her.’
For Dornan, 31, The Fall was something of a breakthrough. After years of modelling, with Calvin Klein billboards plastered across every major city in the world, and campaigns for Asprey, where he met one-time girlfriend Keira Knightley, convincing people to take him seriously as an actor has been no easy ride. His biggest role to date has been in the US series Once Upon A Time, but British roles have been trickier to secure for the Northern Irish actor.
‘Modelling doesn’t hold you back in LA at all,’ he says, with characteristic honesty. ‘In LA, they don’t think that because you leant against walls and looked depressed while someone took your photograph, it means you can’t act. In the UK, there’s a massive stigma attached to it. You couldn’t possibly have had your photograph taken for a living and act.’
‘It’s so weird, because my experience is completely opposite,’ Anderson tells him. ‘When I first moved here, I was offered Bleak House, which was so different to anything I’d ever done before. Not in a million years would I have got a role like that in the States. There was a belief here that, even though I’d done Scully, I could do period drama, too. I wanted to say to them, “Why do you think I can do this?”’
‘But Scully is a really fucking interesting character, in a massive show, and you’re really impressive in it,’ replies Dornan, emphatically. ‘So that’s nine years of constantly being impressive as an actress, whereas I’ve got nine years of leaning against walls – and it treated me very well, but it was almost to my detriment as an actor.’
‘It’s just going to take a couple of things like this and that will change,’ Anderson offers, warmly, of the transition from model to actor. While they are both clearly very proud of the show, filming in Belfast for three months was not an easy decision for Anderson, who, as a single mother (she separated from husband Mark Griffiths last year), tries not to be away from her London home as much as possible.
‘It’s all timing and scheduling and what I’m in the mood for,’ she says of her career choices. ‘For me, everything is about schedules. But with this, once I recognised that I had fallen in love with it and was determined to make it work, there were ways to compromise. It’s also about choosing things I don’t feel like I’ve ever done before. I see actors who have done 60 films that are the same and I think, how do you even show up any more? If I sense I’m doing something I’ve done before, it drives me insane.’
Did Dornan show her round his native Belfast?
‘No…’
‘You were never there! You’d sneak off back to London,’ he laughs.
‘Yeah, on weekends I’d come back,’ she admits. ‘And usually, generally when I’m working, if I’m not on set, I’m in my hotel room.’
‘For me, it was a very different experience,’ says Dornan. ‘My dad’s there, some of my best friends in the world are there. I had an apartment in the middle of town for three months. And I’ve never actually lived in Belfast because I grew up just outside, so I experienced the city on a different level, waking up and going to get coffee and read the papers on my day off. I’d never done that, so I just loved it. And it’s nice to not have to repeat yourself, as well, in terms of your accent!’
What is the most important lesson each has learnt? ‘To have no expectations,’ Anderson says, immediately. ‘I’ve done things I’ve thought were going to be the thing, and then they’re really wrong; and things I’ve thought were potentially going to be a bit mediocre, and have turned out to be not so.’
‘I think my lesson is to back yourself once you’ve been given a job,’ says Dornan. ‘Far too often, I’ve been given a job and then doubted why I’m there. I’ll assume they’ve made a wrong decision. I felt a lot of pressure when I first started filming this, because there was no denying that it was a risk to cast me. I doubted myself for at least the first two days.’
‘I feel that in every new job I go to,’ Anderson tells him, reassuringly. ‘The first couple of days, I think I’m going to be fired, I really do. Generally what happens for me, and it happens all the time, my first day is the divorce scene or the death scene.
I just did a pilot for NBC () and every single difficult scene was on the first day. I was thinking, this is all going to end up on the cutting-room floor and they’re going to recast.’
The self-doubt that each actor feels, I can quite confidently say, will not translate to audiences. As a serial killer by night and loving family man by day, Dornan is compelling, terrifying and brilliant, while Anderson sets the bar high for a new breed of strong female TV characters. There is already talk of a second series – and frankly, I, for one, cannot wait.
The Fall Series 2 starts 13 November 2014. Watch the trailer...
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Free Agency Tracker
Tuesday, Mar 26, 2019 06:48 PM
When It Comes To The Redskins' Quarterback Situation, Jay Gruden Wants To 'Win Now'
Kyle Stackpole
Washington Redskins Head Coach Jay Gruden has "never been a fan" of rostering three active quarterbacks, and he echoed that sentiment during coaches' media availability at the NFL owners meeting in Phoenix on Tuesday. But with uncertainty surrounding the future of injured starter Alex Smith, Gruden acknowledged there's a good chance the franchise will move in that direction, hoping to add a third healthy signal-caller to compete with veteran Colt McCoy and newly-acquired Case Keenum.
This potential signing could come through free agency or happen in next month's NFL Draft, Gruden said, where top prospects such as Kyler Murray and Dwayne Haskins may be available for the Redskins to draft in the first round. Another option would be to draft a less-heralded quarterback in the later rounds.
There's much to be decided regarding the current Redskins' quarterback situation, and there will be more to figure out as training camp unfolds this summer. But in terms of choosing a starting quarterback, Gruden's mindset remains the same. Regardless of past performance, injury history or future potential, he'll go with the signal-caller that can best help the team "win now."
"There is no developmental process here. This is not Triple-A baseball where we’re trying to develop a pitcher here," Gruden told Redskins.com. "We’re trying to win a game right now. If we feel like we draft a quarterback in the first, second, third or seventh round and he’s going to start Day 1, we expect great things from him and the players will expect great things from him.”
“Ryan Kerrigan is not expecting us to come out and just build for the future; we've got to win now" Gruden continued. "Josh Norman, same way. Landon Collins didn’t come here to be good in 2034. They came here to be good and compete and win a Super Bowl this year. So whoever that player is, that position of quarterback, high expectations for us from us. That’s the way it’s going to be.”
The Redskins have invested ample time analyzing the 2019 quarterback class, evident by staff members attending the pro days of Haskins (Ohio State), Drew Lock (Missouri) and Will Grier (West Virginia) over the past week. It's an interesting group of players with varying levels of college experience, Gruden added. Murray and Haskins both started for the first time last season and dominated, with Murray winning the Heisman Trophy at Oklahoma and Haskins finishing as a finalist for the honor. Lock made 46 starts in his four years at Missouri.
While Gruden prefers to see quarterbacks develop over the course of their college careers, Murray and Haskins each have unique skillsets that would allow them to excel in the NFL right away. Murray has elite speed and playmaking ability with his arm and his legs, which makes him an ideal fit for certain offenses, like those who rely heavily on the run-pass option. Haskins, meanwhile, possesses the size and arm strength of a desirable pocket passer. Gruden also tabbed Lock and Grier as quarterbacks who could compete for a NFL starting job right away.
In evaluating quarterback prospects, Gruden takes these physical traits into account but also likes to observe their overall football knowledge and their ability to dissect certain situations.
"We’re going to grind him on the tape," Gruden said about meeting with prospects. "What he knows about football, third-down situations, two minutes, all of the situations that are needed to be successful. How he handles pressure, how he handles the protections is really important, how he is going to protect himself, what he knows about overload blitzes and jam fronts and double-A blitzes and nickel blitzes."
Should the Redskins like any of these quarterbacks enough, Gruden is comfortable drafting another quarterback with the team's first-round pick. At that point they'll give their selection "every opportunity" to earn the starting job and reward him if he proves to be the best option. Otherwise they'll allow him to develop while McCoy or Keenum lead the first-team offense.
But there's also a scenario where the Redskins look elsewhere for their opening-round selection, Gruden said. Maybe there's a promising offensive lineman available or a relentless pass rusher. Maybe there's a talented young safety still on the board to pair with newly-signed All-Pro Landon Collins.
Perhaps it's someone else who can best help the team right now.
"You can’t reach for the quarterback of the future," Gruden said. "He has to be the right fit, and he has to fit what that quarterback is. If we don’t feel like as an organization that this guy fits that criteria, then we can’t reach and take him just because he’s a quarterback. Maybe we think it’s a second or third-rounder that we think can develop into that guy that’s not as risky as the first-rounder. Those first-round picks, you’ve got to hit on those first-rounders to be a successful franchise. You can’t just reach and hope to goodness that that’s the guy of your future. You have to be right on those guys, and sometimes it could be a second or third or fourth rounder, not so much a first.”
Redskins Re-Sign OL Tony Bergstrom
Bergstrom saw action at center and guard for Washington and appeared in 13 games with eight starts. Since joining the Redskins in 2017, he has started in 11 of the 22 games in which he has appeared.
Former AAF Linebacker DeMarquis Gates Is Ready To Keep Producing With The Redskins
The 23-year-old Gates has proven himself as an elite tackler at the collegiate and professional levels, leading Ole Miss and the AAF in tackles during his tenures there.
Getting To Know The Redskins' Recent AAF Signings
On Monday, the Redskins announced the additions of guard Salesi Uhatafe and defensive lineman Andrew Ankrah, who both played in the AAF before the league recently suspended all operations. Here's a deeper look at how each player landed in Washington.
After A 'Minor Procedure,' Quarterback Colt McCoy Should Be Ready To Compete During OTAs
Questions surfaced when McCoy arrived at an IndyCar event with crutches over the weekend, but head coach Jay Gruden assured reporters at the NFL owners meetings on Tuesday that his veteran signal-caller's injury is "nothing serious."
Adrian Peterson Wants to Have a 'Way Better Season' Than His Historic 2018 Campaign
Peterson carried the Redskins' rushing attack in 2018, running the ball 251 times and becoming the oldest 1,000-yard rusher in more than 30 years. His evaluation: "I feel like last year was a decent season, like for me in my mind."
Ereck Flowers Looking For A Fresh Start With The Redskins
After stops in New York and Jacksonville, Flowers, a former first round pick in 2015, believes he'll fit in well with the Redskins.
Running Back Adrian Peterson Is Back In Washington
By bringing back one of the NFL's all-time leading rushers, the Redskins have a three-headed backfield with Derrius Guice and Chris Thompson.
Redskins Re-Sign Adrian Peterson
With 13,318 career rushing yards, Peterson is eighth on the NFL's all-time rushing list and second among active players. He ran for 1,042 yards in Washington last season, becoming the oldest 1,000-yard rusher since former Redskin John Riggins in 1984.
Redskins See Landon Collins As The 'Tone-Setter' Their Defense Has Been Looking For
Collins is much more than "just a box safety" in the eyes of those in Washington, and he's ready to showcase those abilities with his new team.
Dominique Rodgers-Cromartie Returns From Brief Retirement With 'A Lot In The Tank'
The veteran cornerback issued his retirement midway through last season as a member of the Raiders, but he returns to the league with Washington believing he can still play at a high level.
Five Fast Facts: Cornerback Dominique Rodgers-Cromartie
After a brief retirement, Rodgers-Cromartie will play his 12th NFL season in Washington. Here's what to know about him.
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Reports: Dave Goldberg, husband of Facebook”s…
Reports: Dave Goldberg, husband of Facebook”s Sheryl Sandberg, died after hitting head on treadmill
By Queenie Wong |
PUBLISHED: May 4, 2015 at 12:00 am | UPDATED: September 14, 2018 at 12:00 am
Dave Goldberg, the 47-year-old SurveyMonkey CEO and husband of Facebook executive Sheryl Sandberg, died Friday night after he was exercising on a treadmill in Mexico and slipped and hit his head on the machine, media reports say.
A Mexican state official who spoke on the condition of anonymity told the Associated Press that he was found lying by a treadmill in a pool of blood in a gym at the Four Seasons Resort Punta Mita near Puerto Vallarta at about 6:30 p.m. with a wound on the lower back of his head.
Family members went searching for Goldberg after he left his room at 4 p.m. but did not return, the official told the Associated Press.
He had vital signs when he was discovered, but later died at a hospital in Nuevo Vallarta, according to the Associated Press.
The official told the news wire that the cause of death was severe head trauma and hypovolemic shock, or bleeding.
Goldberg”s death stunned Silicon Valley over the weekend and people flocked to social media to express their condolences and grief.
Goldberg”s brother Robert announced his death through a Facebook post on Saturday morning.
“In this time of sorrow, we mourn his passing and remember what an amazing husband, father, brother, son and friend he was. No words can express the depth of loss we feel, but we want his children to learn how much he meant to all of you,” Robert Goldberg wrote in the post.
Dave Goldberg founded the online music and media outfit Launch Media in 1994 before it was sold to Yahoo in 2001. Since 2009, he was CEO of SurveyMonkey, an online survey company based in Palo Alto.
He”s been married to Sandberg since 2004.
Goldberg”s cause of death had not been announced by family members.
Contact Queenie Wong at 408-920-2706. Follow here at Twitter.com/QwongSJ.
U.S. Coast Guard raids a semi-sub at sea, seizes $569 million in drugs
The party goes on at Sunny Cove
Letter | Immigration event was barely covered in Sentinel
Santa Cruz man convicted of first-degree murder
Queenie Wong
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Home > Sports Science > News Articles
Mastering Chess: Talent Or Practice?
By News Staff | October 26th 2011 03:01 AM | Print | E-mail
Why do some people, chess players or musicians, practice less but attain more?
The common belief is that practice is necessary to achieve mastery in chess, but it's not enough. There has to be something else that sets apart people who get really good at chess, just like in music. A study published in Psychological Science last year found that musicians need a lot of practice, but researchers identified one additional factor: musicians who are better at sight-reading have better working memory, the ability to keep relevant pieces of information active in your mind.
For chess, that additional factor has not yet been pinned down. One possibility is intelligence. A lot of studies have found that children who play chess have a higher IQ than the general population but studies have found mixed results on whether adults who play chess have higher IQs than adults who don't play chess. And only one study—of several that have been performed—found that adults with higher IQs are better at chess.
Guillermo Campitelli of Edith Cowan University in Australia and Fernand Gobet of Brunel University in the United Kingdom suggest that more intelligent children may be attracted to chess, and use their good reasoning skills to play well, but later they need to practice hard to learn all the strategies and plans that make a good chess player—and intelligence isn't much help.
Other things that set apart chess players are handedness—while about 90 percent of the general population is right-handed, only about 82 percent of adult chess players are right-handed. This could indicate some difference in brain development that makes people better at the spatial skills you need to be good at chess. But it still doesn't explain what makes some people better at chess than others.
In one survey of chess players in Argentina, Campitelli and Gobet found that, indeed, practice is important. All of the players that became masters had practice at least 3,000 hours. "That was not surprising," Campitelli says. There is a theory in psychology that the more you practice, the better you'll do in areas like sports, music, and chess. "But the thing is, of the people that achieved the master level, there are people that achieved it in 3,000 hours. Other people did, like, 30,000 hours and achieved the same level. And there are even people that practiced more than 30,000 hours and didn't achieve this."
Published in Current Directions in Psychological Science.
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you are here: science media centre > roundups for journalists > expert reaction to EFSA report conclusion that Séralini study conclusions were not supported by data
expert reaction to EFSA report conclusion that Séralini study conclusions were not supported by data
The European Food Safety Authority’s final review reaffirmed its initial assessment that Séralini et al‘s conclusions, in a paper in Food and Chemical Toxicology which linked GM maize to the development of tumours in rats, cannot be regarded as scientifically sound because of inadequacies in the design, reporting and analysis of the study.
Professor Dale Sanders, head of the John Innes Centre, said
“It is immensely gratifying that public bodies such as the EFSA are taking into account informed scientific advice when deliberating on issues of food and health. The essential flaws in the study by Seralini et al have been effectively highlighted. The recent commentary in Nature has demonstrated how Seralini and colleagues have attempted to manipulate press coverage of their supposed findings, which the EFSA have found to be flawed. The JIC wholeheartedly endorses the processes and findings of the EFSA. “
Professor Maurice Moloney, Institute Director and Chief Executive, Rothamsted Research, said:
“The full EFSA report confirms the original reaction of a large majority of qualified scientific experts that the Seralini study is seriously deficient in its design, its execution and its conclusions. This is compounded with the excessive secrecy around the data, which should have been released in their entirety so that this matter may reach closure. The consistency of the critique from several national risk evaluation agencies should prompt Elsevier to re-evaluate the standards of peer review at its journal, Food and Chemical Toxicology.”
Professor Alan Boobis, Professor of Biochemical Pharmacology, Imperial College London, said:
“EFSA’s final review of the paper by Seralini et al (2012) confirms the view of many scientists who read the paper with some surprise that it had been published, in that the study was inadequately designed, analysed and reported.”
Professor Cathie Martin, Group leader, John Innes Centre, and Editor-in-Chief of The Plant Cell, said:
“Given that EFSA concludes that the authors’ conclusions cannot be regarded as scientifically sound because of inadequacies in the design, reporting and analysis, is it not time for Food and Chemical Toxicology to retract the manuscript? This paper has had orders of magnitude greater peer-review than most scientific publications, yet despite no independent scientific expert being able to support its design, reporting or analysis, it remains, gathering citations and increasing the impact factor for the journal. Is this not an example of scientific publishing at its most cynical?”
Professor Jonathan Jones, Senior Scientist, Sainsbury Laboratory, John Innes Centre, said:
“The message is clear. The conclusions drawn by Seralini et al are not justified by the data provided in the paper. The authors did not adequately respond to requests for more details about their data or their analysis methods. Conclusion; there are no data that justify the need to reopen safety evaluations of the GM event NK603. Since the authors failed to find these products dangerous, and since these data are not provided by Monsanto but rather by public sector scientists, I for one am even more confident than before that the product is completely safe.”
Final review of the Séralini et al. (2012a) publication on a 2-year rodent feeding study with glyphosate formulations and GM maize NK603 as published online on 19 September 2012 in Food and Chemical Toxicology.
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John Elwood Contributor
Posted Thu, May 23rd, 2019 10:12 am
Relist Watch
Posted Thu, May 23rd, 2019 10:12 am by John Elwood
John Elwood reviews Monday’s relists.
Congress is fighting with the executive branch to try to obtain information this week. But here at Relist Watch, we’re just giving the stuff away.
A lot of throughput this week, as the Supreme Court disposed of five relists.
Most puzzling is City of Newport Beach, California v. Vos, 18-672, which asked whether the Americans with Disabilities Act requires law-enforcement officers to provide accommodations to armed, violent and mentally ill suspects as they bring them into custody. The Supreme Court took a case raising a similar question in City and County of San Francisco v. Sheehan, but dismissed it as improvidently granted, and many thought the court was looking to finally resolve the question. Newport Beach had been relisted four times, suggesting that one of the justices at least had been exploring a dissent; perhaps he or she was talked out of it.
The Court decided that one-time relist Shabo v. Barr, 18-827, was not the vehicle it was looking for to decide an acknowledged circuit split on an important and recurring question: Whether courts of appeals have jurisdiction to review factual findings underlying denials of withholding (and deferral) of deportation in immigration cases.
Santos v. United States, 18-7096, is the Armed Career Criminal Act case in which the government confessed error. The court did as the government recommended and granted the petition, vacated the judgment below and remanded for reconsideration of the government’s position. Justice Samuel Alito dissented, joined by Justice Clarence Thomas, saying that although the court might have had its doubts about the correctness of the judgment, they “share[d] no such doubt” about the validity of the defendant’s conviction.
Speaking of dissents: The court denied review in five-time relist Daniel v. United States, 18-460, the case seeking to revisit the oft-criticized Feres doctrine that bars servicemembers, or their estates, from bringing claims for medical malpractice under the Federal Tort Claims Act. Thomas dissented. He argued that “Feres was wrongly decided.” And he claimed that Feres was having a distorting effect on the law because the desire to allow relief to members of the military has led the court in other cases to “twist[] traditional tort principles to afford them the possibility of relief.” He was referring, of course, to Air & Liquid Systems Corp v. DeVries, which held that an equipment manufacturer could be sued for liability for illness caused by asbestos the Navy had added to the equipment, and in which Thomas dissented.
And that is to say nothing of the grant in Ritzen Group Inc. v. Jackson Masonry, LLC, 18-938. No, really – we’re going to say nothing about it. You can click on the hyperlink if you want to be reminded that the case involves whether an order denying a motion for relief from the automatic stay in bankruptcy is a final order subject to appeal. You aren’t going to hear it from me.
That brings us to this week’s new relists. Both Hernandez v. Mesa, 17-1678, and Swartz v. Rodriguez, 18-309, involve questions of liability for American law-enforcement officers who allegedly wrongfully shoot across the U.S.-Mexico border and kill Mexican nationals. The court first took Hernandez in 2016 to resolve whether a cross-border shooting violated the victim’s Fourth Amendment rights, and whether the agent would be entitled to qualified immunity on a claim that the shooting violated the victim’s Fifth Amendment rights. Four months after argument, the court basically punted; it vacated the decision below and remanded for further consideration in light of the recently decided Ziglar v. Abbasi, which tightened the standards for recognizing a federal cause of action under Bivens v. Six Unknown Named Agents.
Now Hernandez is back, accompanied by another case that raises the same issue – Swartz. The en banc U.S. Court of Appeals for the 5th Circuit held in Hernandez that a Bivens remedy should not be extended to a claim arising from an injury to a foreign citizen in foreign territory. But a divided panel of the U.S. Court of Appeals for the 9th Circuit held in Swartz that it should. The court called for the views of the solicitor general, who argues that certiorari “is warranted to resolve the conflict on that important question and to provide the lower courts additional guidance after this Court’s decision in Ziglar v. Abbasi.” The government says that Hernandez is the better vehicle, because it addressed whether a Bivens remedy is available for both Fourth and Fifth Amendment claims, and Swartz only addressed Fourth Amendment claims. The odds of a grant are quite high after the solicitor general as amicus recommends review.
That’s all for this week. Thanks to Tom Mitsch for compiling the relists.
New Relists
Hernandez v. Mesa, 17-1678
Issues: (1) Whether, when the plaintiffs plausibly allege that a rogue federal law-enforcement officer violated clearly established Fourth and Fifth amendment rights for which there is no alternative legal remedy, the federal courts can and should recognize a damages claim under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics; and (2) whether, if the federal courts do not recognize such a claim, the Westfall Act violates the due process clause of the Fifth Amendment insofar as it pre-empts state-law tort suits for damages against rogue federal law-enforcement officers acting within the scope of their employment for which there is no alternative legal remedy. CVSG: 04/11/2019.
(relisted after the May 16 conference)
Swartz v. Rodriguez, 18-309
Issues: (1) Whether the panel’s decision to create an implied remedy for damages under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics in the new context of a cross-border shooting misapplies Supreme Court precedent and violates separation-of-powers principles, when foreign relations, border security and the extraterritorial application of the Fourth Amendment are some of the special factors that counsel hesitation against such an extension; and (2) whether, if the above “antecedent” question is answered in the negative, Agent Swartz is entitled to qualified immunity because there is no clearly established law applying the Fourth Amendment to protect a Mexican citizen, with no significant connection to the United States, who is injured in Mexico by a federal agent’s cross-border shooting. CVSG: 04/11/2019.
Returning Relists
Box v. Planned Parenthood of Indiana and Kentucky, Inc., 18-8
Issues: (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
(relisted after the January 4, January 11, January 18, February 15, February 22, March 1, March 15, March 22, March 29, April 12, April 18, April 26, May 9 and May 16 conferences)
Roman Catholic Archdiocese of San Juan, Puerto Rico v. Feliciano, 18-921
Issue: Whether the First Amendment empowers courts to override the chosen legal structure of a religious organization and declare all of its constituent parts a single legal entity subject to joint and several liability.
(relisted after the March 22, March 29, April 12, April 18, April 26, May 9 and May 16 conferences)
Department of Homeland Security v. Regents of the University of California, 18-587
Issues: (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’ decision to wind down the DACA policy is lawful.
(relisted after the January 11 conference; now held)
Trump v. NAACP, 18-588
Nielsen v. Vidal, 18-589
Klein v. Oregon Bureau of Labor and Industries, 18-547
Issues: (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
(relisted after the March 29, April 12, April 18, April 26, May 9 and May 16 conferences)
McGee v. McFadden, 18-7277
Issues: (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
(relisted after the April 12, April 18, April 26, May 9 and May 16 conferences)
al-Alwi v. Trump, 18-740
Issues: (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
(relisted after the May 9 and May 16 conferences)
Box v. Planned Parenthood of Indiana and Kentucky, 18-1019
Issue: Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
Wheeler v. United States, 18-7187
Issues: (1) Whether a law enforcement officer’s warrantless insertion of keys into a locked apartment door, within a secured multi-unit dwelling, to gain information that was unavailable to the naked eye is an unreasonable search; (2) whether the rule of the U.S. Court of Appeals for the 3rd Circuit, which limits parties to the precise arguments raised in the district court, directly conflicts with the Supreme Court’s traditional rule that parties are not limited to the precise arguments made below but can make any argument in support of a claim that was properly presented.
Posted in Cases in the Pipeline, Featured
Recommended Citation: John Elwood, Relist Watch, SCOTUSblog (May. 23, 2019, 10:12 AM), https://www.scotusblog.com/2019/05/relist-watch-144/
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10 UFC Fighters Past Their Sell By Date
It is Difficult to Walk Away From Doing Something You Love… But Sometimes, For Your Own Good, You Have to do Exactly That… Here Are Ten UFC Fighters Who Are on a Steady Decline…
Being a professional MMA fighter is one of the toughest athletic careers out there. First of all, you have to become competent in a whole bunch of disciplines like striking and grappling to become competitive. That’s fine when you’re young but the trouble is that as you get older you start to slow down.
At the weekend UFC 237 went down in Rio De Janeiro. This card left a bitter taste in the mouths of many fans watching because so many former greats ended the night ingloriously. It’s sad because these fighters become parodies of their former selves and people forget how great they once truly were.
Here’s a list of ten fighters on a steady decline in the UFC. Even your heroes get old.
Jose Aldo and Andre Pederneiras. Mandatory Credit: Joshua Dahl, USA TODAY Sports.
10 Jose Aldo
Arguably the greatest featherweight fighter of all time, ‘Junior’ was unbeaten for a sensational 18 fights, stretching across a period of ten years. His leg kicks were some of the best in the game and until he walked into Conor McGregor’s left hand, he was on top of the world. His place on this list might seem harsh, but there’s no doubting his steady decline in the last couple of years.
He’s fallen twice to Max Holloway who looks like he has his number. Then he battled back against adversity to take out Jeremy Stephens and put a clinic on Renato Moicano. However, he’s just lost to a third opponent in Alexander Volkanovski, the type of fighter he’d never have been beaten by in his prime. Aldo might be only a year older than Conor McGregor, but he’s got so many miles on the clock and they’re starting to catch up with him.
Cat Zingano. Mandatory Credit: USA TODAY Sports.
9. Cat Zingano
When you think of trailblazers for women’s MMA, Cat Zingano’s name deserves to be up there alongside the likes of Ronda Rousey, Miesha Tate and Gina Carano. Before running into Rousey she went 9-0, including a unanimous decision victory over current champ-champ Amanda Nunes.
That win over ‘The Lioness’ came with a cost though. She took a lot of brain trauma and has only won one of her five fights since 2014. Averaging one fight a year is also one way to make your fans forget about you. She also lost her most recent fight against Megan Anderson after a freak toe poke to the eye. She looks destined to fade into obscurity.
Apr 8, 2017; Buffalo, NY, USA; Thiago Alves (red gloves) competes against Patrick Cote (blue gloves) during UFC 210 at KeyBank Center. Mandatory Credit: Kevin Hoffman-USA TODAY Sports.
8. Thiago Alves
With 23 wins and 14 losses under his belt, its clear that Thiago Alves has been around the block a few times. The Brazilian is a proper old school fighter. The problem is that he is losing more than he’s winning these days. It’s pretty much a case of one step forward, two steps back for the 35-year-old.
He does it out of a love for the sport. ‘Pitbull’ has been a coach at American Top Team for a few years now, so there is a stable career then. However, as Laureano Staropoli showed him at the weekend, the game has evolved. It’s tough for an older fighter to catch a break.
Jim Miller. Mandatory Credit: USA TODAY Sports.
7. Jim Miller
He might not get the same love as the likes of ‘Cowboy’ Cerrone, but Jim Miller is a legend in his own right. Sure he hasn’t and won’t win a lightweight title, but he’s been knocking around the division for an incredible eleven years. He also has the record for most bouts in UFC history (32) – one of the few records that Donald Cerrone hasn’t managed to snatch yet.
However, Miller is way past his best. Only 2 wins in his last 7 prove that he is a fading force. Indeed, if it wasn’t for a recent win over Jason Gonzalez, the UFC may have decided to put the veteran out to pasture. There’s no shame in his decline though, it’s just a natural part of ageing.
6. Antonio Rogerio Nogueira
‘Lil Nog’ is another Brazilian great who has seen himself fall into an innocuous decline in recent years. He just lost to Ryan Spann for crying out loud. No offence but who is Ryan Spann? Sure he’s never been as good as his twin brother who is a former UFC and Pride heavyweight champion, but his recent record has been patchy to say the least.
At the age of 42, he seems content to collect paychecks for as long as the UFC will let him. The trouble is the CTE damage that guys like this will face in their later lives.
5. Gray Maynard
‘The Bully’ is one-half of one of the sport’s great rivalries. His second clash with Frankie Edgar is considered one of the best fights in the history of the promotion. However, that’s a long time ago and Maynard has taken a lot of damage since, without getting any closer to the belt.
He’s only one two of his last ten fights and at the age of 39, it can’t be long before he hangs up his gloves. Either that or he’ll end up getting cut by the UFC. It’s a bit depressing really.
Andrei Arlovksi. Mandatory Credit: USA TODAY Sports.
4. Andrei Arlovski
Another former savage who is in a sad decline. Belarus’s finest MMA export has not been himself for so long that he can’t even really be called a gatekeeper anymore. It’s thirteen years now since he lost the UFC heavyweight championship to Tim Sylvia in his first run with the promotion.
Those lofty days are long behind him as he’s only won 2 of his last 11. His latest was a disappointing split decision against Augusto Sakai. The problem for Arlovski is that he’s not even losing in an entertaining way. Although he may be a legend, his future with the UFC may not be a long one.
Jul 22, 2018; Hamburg, Germany; Mauricio Rua (red gloves) fights Anthony Smith (blue gloves) during UFC Fight Night at Barclaycard Arena. Mandatory Credit: Per Haljestam, USA TODAY Sports.
3. Mauricio ‘Shogun’ Rua
A true legend of the sport, ‘Shogun’ is one of the very few fighters to hold titles in both PRIDE and the UFC. He was a light-heavyweight champion in the former, and a middleweight champion in the latter, before meeting a certain Jon Jones. Even though he won his last fight against Tyson Pedro, it’s fair to say he hasn’t looked great since 2013.
He was badly wobbled by Pedro before he was able to submit the Ozzie. Before that he lost his previous three fights, including an absolute melting by Anthony Smith. That is becoming more and more the story of his later career. At the age of 37, with that exact same number of professional fights, it’s no wonder he’s started to slow down.
Anderson Silva. Mandatory Credit: USA TODAY Sports.
2. Anderson Silva
Father time has definitely caught up with this Brazilian legend. Silva is the greatest middleweight fighter in the history of the UFC without question, but he’s definitely a shadow of his former self. A look at his recent record shows that he’s only won one of his last eight fights, and even that was lucky.
After failed drug tests he managed to get the fans back on side. He earned goodwill in his manner of defeat to Israel Adesanya, but the way his leg just collapsed against Jared Cannonier after a savage kick to the knee leaves a bitter taste. At 44-years-old this warrior has nothing left to prove. UFC 237 may have been his last hurrah…
1. BJ Penn
The Hawaiian legend almost seems to be mocked by his own nickname. ‘The Prodigy’ hasn’t won since 2010 and has gone on a seven-fight losing streak. After dropping a decision against Clay Guida last weekend, Penn broke the inglorious record of longest losing streak by an active fighter.
Some fans are even questioning why he’s getting cleared to fight. Nobody knows why the UFC is still booking him. If it wasn’t for his legendary status as the second ‘champ-champ’ in the promotion’s history, he’d probably be long gone. Surely if he fights again it should be on Bellator’s upcoming Hawaii card? After that no more, please.
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Former Gov. LePage pardoned at least 2 people without hearings
By Marina Villeneuve The Associated Press
AUGUSTA, Maine � The former governor of Maine pardoned two people in his last days in office without going through the traditional process of consulting the clemency board and holding a public hearing, according to the state's corrections department.
Maine's Constitution says the governor has the sole power to grant reprieves, pardons and commutations, so former Gov. Paul LePage did not break the law in pardoning his late mentor's grandson, Jeremy Mills, and a former GOP lawmaker, Jeff Pierce.
But he broke with tradition: Leonard Sharon, who served as chairman of the Governor's Board of Executive Clemency until June, said he never saw a governor grant a pardon without a board recommendation and a public hearing during his 27�-year tenure, which ended in mid-2018.
"The process is very open and the pardon board carefully weighs applications and holds hearings when we feel there are substantial circumstances," Sharon said.
Sharon said the hearings give people a chance to speak against pardons.
Marshall Tinkle, a Portland attorney and author of the history book "The Maine State Constitution," said he also is not aware of any other governors who have pardoned without a public hearing.
"However, I'm not aware of any requirement that a governor hold a hearing," Tinkle said in an email. "The pardon power is quite extensive."
The state doesn't keep up-to-date records of pardons granted without hearings by past governors, according to the Secretary of State's office. Spokeswoman Kristen Muszynski said Friday that the office would have to go back through physical pardon materials to confirm whether hearings were held.
The state released the list of LePage's pardons following a public records request by The Associated Press. An analysis by the AP indicated 60% of 240 pardons for 112 people were for minor crimes � the oldest of which happened in 1960.
LePage, a Republican, pardoned Pierce, a supporter who state records show donated at least $270 to LePage's reelection campaign, and Mills, whose late grandfather mentored and sheltered a young LePage when he ran away from home to escape abuse.
Pierce had convictions for drug possession and felony drug trafficking dating back to 1981 and 1983. Mills was convicted of operating under the influence in 2012 and driving with a suspended or revoked license in 2003.
Neither was reviewed by the clemency board or given a public hearing before the pardons were granted on Jan. 2, LePage's last day in office, according to Department of Corrections Director of Strategic Initiatives Anna Black and Adult Community Corrections Director Susan Gagnon. The Portland Press Herald originally reported that Pierce was pardoned without a public hearing.
LePage's representatives, Mills and Pierce didn't respond to requests for comment.
Sharon, the former clemency board chairman, said the pardon process usually begins with an individual submitting an application. Then, typically, the three-person board decides whether to give applicants a hearing. If not, the application is rejected.
"There aren't that many hearings granted," Sharon said. But when they are, the board then gives a recommendation to the governor.
State law requires Maine's attorney general and local district attorneys to receive notice of such hearings, which also must be publicized in newspapers. But there is no such requirement when a hearing is not even held, as in the cases of Pierce and Mills.
Gagnon said there were no public notices for the pardons of Mills or Pierce. Gov. Janet Mills, who was attorney general at the time, and Marc Malon, a spokesman for the attorney general's office, said they don't recall being notified of the pardons.
The state at first declined to release the archived records of LePage's pardons, even though past governors had released their high-profile pardons. But the Secretary of State's office eventually released the pardon list in response to the AP's public records request.
Gov. Mills, a Democrat, signed a March 15 executive order that said hearings on clemency petitions shall be open to the public "absent exceptional circumstances."
The order also allows for the release of pardons upon request and subject to review by the administration.
She has also indicated she will handle pardons differently from her predecessor.
"As a general matter, the governor does not intend to grant pardons without a public hearing," said Mills spokesman Scott Ogden.
Former Democratic Gov. John Baldacci issued 218 pardons to 141 people, while former independent Gov. Angus King, now a U.S. senator, issued 154 pardons to 100 people, the state says.
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China’s May thermal coal import rises 35% on year as market activity picks up: GAC
China imported 20.68 million mt of thermal coal in May, up by about 19.3% from April and 34.8% from a year ago, according to the coal import data released by the General Administration of Customs on Sunday.
According to the data, China imported 9.89 million mt of lignite in May, up 2.49% month on month, while import of bituminous coal was up 40.31% from 7.69 million mt in April to 10.79 million mt in May.
Total coal imports from January to May, including coking coal, was 127.39 million mt, up 5.5% from 120.73 million mt a year ago. Last year, China’s overall coal import was around 281 million mt, with thermal coal accounting for about 74% of the total volume.
“A few power plants had called for tenders in April and there were more deals that month too, so most of the shipments have probably reached China in May,” an east China-based trader said.
“Some power plants are worried that import policy might be tightened later in the year, so they are procuring the cargoes earlier,” the same trader said.
Market activities during mid-March and April had picked up after a major industry event in China in early April. Several trades were reportedly concluded for Australian high-ash 5,500 kcal/kg NAR grade of coal when it hit a multi-year low of around $55/mt FOB Newcastle in mid-March and also amid the prospect of a relaxation of the import curbs on Australian cargoes.
Deals for over 1 million mt of Colombian coal were also reportedly concluded in April, according to market sources.
China’s custom authorities are looking to keep this year’s imports at levels similar to that of last year, but there has been no official announcement with regards to this, industry sources said.
Source :- hellenicshippingnews.com
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How Is Marital Property Divided in Ontario?
At Feldstein Family Law Group P.C., we understand that one of your primary concerns is to protect your assets and to leave your marriage in the best possible financial position. Our Ontario divorce lawyers are here to help you accomplish just this.
According to the Canadian Constitution, the federal government has authority to enact legislation dealing with:
Marriage and divorce, and the provinces have the authority to enact legislation dealing with property and civil rights in the province. This constitutional division of powers means that a married couple’s divorce will be sanctioned under the federally enacted Divorce Act, while the division of a married couple’s assets is determined by reference to a provincial statute. In Ontario, the relevant statute is the Family Law Act.
Community Property & the Economic Partnership of Marriage
The property regime laid out in Part 1 of the Family Law Act is generally referred to as a deferred community property regime. This means that all property acquired during the course of the marriage by either party, with certain exceptions, is deemed on the breakdown of the marriage, to be the property of both parties notwithstanding legal title.
The principle underlying this regime is that marriage constitutes an economic partnership. The critical dates in this economic partnership are the date of marriage, which constitutes the entry into the partnership, and the “valuation date”, which can be viewed as the date when one or both partners decide to dissolve the partnership, for example the date when the parties separate or divorce. When the partnership is dissolved, each partner is entitled to one half of the value of the accrued property and not one half of the property itself.
Interested in learning how your property will be affected by divorce or separation? Call (905) 581-7222 for a free consultation.
Property & Asset Division in Ontario
To effect the actual division, the Family Law Act introduces the concepts of “net family property” and the “equalization payment.” For each spouse:
A balance sheet of assets/property as at the valuation date is created.
These assets are totaled to give a value.
From this figure is then subtracted a spouse’s debts and liabilities.
The value of property that a spouse brings into the marriage, with the notable exception of the matrimonial home, is also deducted from this figure.
The resultant sum is a spouse’s “net family property.”
The difference between the “net family properties” of each spouse is then calculated and the spouse with the higher “net family property” pays to the spouse with the lower “net family property” one half of the difference.
This payment is referred to as the “equalization payment.” If a spouse wishes to claim a deduction with respect to any property, it is that spouse’s responsibility to produce evidence supporting his or her entitlement to the deduction. A spouse sets the equalization process in motion by making an application to the court, which must be initiated within a certain time frame. Generally a spouse must seek the division within 2 years after the Final Divorce Order or six years after the day the parties separate.
The Matrimonial Home
As noted, the matrimonial home is afforded special treatment. A matrimonial home brought into the marriage will not be included in a spouse’s date of marriage deductions. Nor will a matrimonial home received as an inheritance or gift from a third party during the marriage be considered as an allowable exclusion.
A matrimonial home is defined as “every property in which a person has an interest and that is, or if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as the family residence.” This broad definition includes properties such as cottages and trailers and indeed allows for more than one matrimonial home at any given time. The special status attributed the matrimonial home is also confirmed in Part II of the Family Law Act that sets out certain possessory rights in the home regardless of actual legal title that cannot be overridden by contract.
The Act acknowledges that a married couple may wish to organize the division of its assets in its own peculiar fashion. A couple can achieve this by preparation of a domestic contract. The Act specifically allows for property contained within a domestic contract to be excluded from a spouse’s net family property.
Common-Law Couples & Property Division
Erroneously, many common-law couples believe this statutory scheme respecting property division governs their relationships as well. A 2002 decision of the Supreme Court of Canada (Nova Scotia v. Walsh [2002] 2 S.C.R. 325) made it quite clear that this is not the case. The case centered on the exclusion of common-law partners from the definition of spouse, which it was argued constituted a violation of the equality rights protected by the Charter of Rights and Freedoms. The decision, by drawing a bright line between couples who chose to cohabit but not marry and those who chose to marry, confirmed that the narrow definition of spouse found in the Family Law Act is constitutional.
Thus, for couples in a common-law partnership in which legal title to property is not held jointly yet one spouse believes he or she should be entitled to an interest in the property, no protection is provided under the statute. In such cases the spouse may, however, resort to trust law principles that have been imported into family law. These principles essentially recognize interests in property on the basis of fairness, which is much more expensive to litigate.
Creative Solutions for Your Property Disputes
No two property disputes are the same, and our Ontario divorce lawyers therefore take care to deliver individualized representation to every client we assist. With our considerable family law experience, we can help you develop creative solutions for your property dispute, to protect your concerns.
Call our offices at (905) 581-7222 for more information and guidance.
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The 2010 Sherry's Run is in Honor of Peggie Dill
LEBANON, TENN. – August 2, 2010 – The 2010 Sherry’s Run will honor Peggie Dill.
Peggie shared her story with Sherry’s Run: In October 2009, Peggie Dill began having the vague symptom of abdominal pain that did not go away. Within one week of doctor’s visits and tests, she received her diagnosis of pancreatic cancer. She and her husband, Ken, met with several oncologists in the Middle Tennessee area. They then decided to get another medical opinion and flew to the Mayo Clinic, where their daughter, Sarah works. The initial diagnosis was confirmed and surgery has not been an option for her due to the location and extent of the cancer. Since then, she has undergone chemotherapy every week or two, and there have been many ups and downs along the way.
Peggie is a wife and mother of three children. She recently retired from many years of teaching from Coles Ferry Elementary School. Most recently, she taught second grade there. She also enjoys reading and sewing, especially quilting.
Throughout this journey, the support and love from family, friends, church, employers and the community has lifted this family in a tremendous way that cannot be described. Coles Ferry Elementary organized a walk for the students to promote awareness of the cancer and to demonstrate their love for Peggie. The phone calls, visits, flowers, food and daily cards and prayers continue to provide strength and encouragement.
Peggie agreed to be a part of this years Sherry’s Run for a number of reasons. Ken has worked closely with Gary at Wilson Bank & Trust for a number of years. Through this association, we were able to know Sherry and observe how she, Gary and their family dealt with her disease with courage, caring and grace. We also know that even though we have been blessed with tremendous support from all the people listed above, not everyone that deals with cancer has this kind of support. Sherry’s Run is an organization at the local level that has done a tremendous job of providing this support.
Sherry’s Run honors Peggie Dill at the 2010 event in hopes of inspiring others who are facing cancer through her example and all that she stands for as a wife, mother, teacher, friend and family member.
The seventh annual Sherry’s Run is scheduled for Saturday, September 11, 2010 at 8 a.m. in Lebanon, beside the main office of Wilson Bank & Trust, 623 West Main Street. Mark your calendar and make a commitment to become involved this year.
The mission of Sherry’s Run is to benefit those affected by cancer, with an emphasis on colon cancer. Sherry’s Run will help any family affected by any kind of cancer that lives, works, goes to church or seeks treatment in Wilson County that has a true need. Sherry’s Run (www.sherrysrun.org) is a 501 (c) (3) organization. It was started in memory of Sharon “Sherry” Patterson Whitaker who died at the age of 44 from colon cancer. Donations are tax deductible and can be made online. For more information on Sherry’s Run, please call 615-975-1081 or 615-400-2032 or visit online.
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Ireland secures €336.7 million from EU for Research and Innovation
Ireland has won a total of €336.7 million from the EU for Research and Innovation, equivalent to an average of €2.4 million every week, the Minister for Training, Skills and Innovation, John Halligan T.D. announced today.
The latest results on Ireland participation in Horizon 2020, the EU’s €75 billion programme for Research and Innovation, reveal that Ireland has won €336.7 million in competitive funding from the programme up to the end of September. This figure is an increase of €85 million, from the previous result of €251 million up to November 2015.
Higher Education Institutes accounted for €198 million or 59% of the total. Companies won €104 million or 31%, with €74 million of this going to SMEs.
The just-published European Commission's annual monitoring report for 2015 also reveals that Ireland recorded the second highest success rate in 2015 for applications to Horizon 2020 (13.1%), along with Belgium (also 13.1%). The best performer was Austria (13.9%).
Welcoming Ireland’s results, Minister Halligan commented, “Horizon 2020 is an important source of funding for research and innovation in Ireland. It provides a mechanism for researchers and companies in Ireland to network and collaborate with the best researchers and leading companies across Europe. These benefits are particularly important for a small, island nation. SMEs are a key target for Horizon 2020 and I am particularly pleased that Irish SMEs have secured €74 million in funding.”
Minister Halligan added that “The Government has set an ambitious target to secure €1.25 billion in funding from Horizon 2020 over the period 2014-2020 and these latest results show that Ireland is on track to achieve this target”.
Professor Mark WJ Ferguson, Director General of Science Foundation Ireland and Chief Scientific Adviser to the Government of Ireland said that “I congratulate all the researchers, in both academia and industry, who have won this important EU funding against stiff international competition. This demonstrates the strength and quality of our research base and leverages the national funding, as well as providing access to facilities and expertise that Ireland - a small country - needs. I encourage those in industry and academia who have not yet applied to consider doing so and to take advantage of the considerable national supports from agencies such as EI and SFI. I encourage everyone to be ambitious and develop research proposals of scale and excellence which will have a significant impact into Ireland’s economy and society.”
Dr Imelda Lambkin, the National Director for Horizon 2020 said that “We are delighted to see Ireland’s researchers and companies succeeding in Horizon 2020. It’s real evidence of their ability not just to establish international reputations in research and innovation but to lead in that context. We are actively working to influence the 2018-2020 programmes to suit Irish interests and continue to seek newcomers to apply. Researchers and companies that use the services of the National Support Network for Horizon 2020 tend to double their chances of success in the programme.”
Labels: Ireland secures €336.7 million from EU for Research and Innovation
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New Reissue CDs
Deep Soul Column
New Soul CD of the Month
Classic Soul CD of the Month
THE MIKI HOWARD STORY
ALBUM BY ALBUM
Check also the full Miki Howard discography of albums
Alicia Michelle Howard was born September 30, 1960 in Chicago. Her parents sang in the local gospel groups; her mother Josephine Howard was a member of gospel group The Caravans and her father Clay Graham is one of the key members of The Pilgrim Jubilee Singers. Miki remembers that also secular music was played at her home, especially records by Aretha Franklin, Dinah Washington, Shirley Bassey, Morgana King and Little Jimmy Scott, who was Miki’s personal favourite. Miki started singing with James Cleveland Choir at the age of eight.
While in elementary school, Miki moved to Los Angeles with her mother. At the age of 15, she was performing in a teen pageant, and was introduced to Augie Johnson (the leader of Side Effect) after the show. Augie invited Miki to perform with Side Effect and later Miki replaced Sylvia St. James when she left the group. Miki and Augie were also romantically involved, and they had two children, though they never married or even lived together. Miki stayed with the group until they were dropped by Elektra in the mid-80s.
Even during her tenure with Side Effect, Miki also built a reputation as a background singer both in the studio and on the road. Thus she worked with several big names including Gap Band, Roy Ayers, Esther Phillips, Billy Cobham, Stanley Turrentine and Philip Bailey. As a consequence, Miki managed to get a solo recording deal with Atlantic in 1986 and late same year her debut album was ready to be released.
Atlantic LP 7816881, 1987
A 1) Come Share My Love 2) Love Will Find a Way 3) Imagination 4) Come Back to Me Lover
B 1) I Can't Wait (To See You Alone) 2) I Surrender 3) My Friend 4) You Better Be Ready to Love Me 5) Do You Want My Love
Atlantic tried to mould Miki Howard to become a new Whitney Houston, and had hired producer LeMel Humes to do the job. At that time, Humes was a rather unknown producer but later he has worked with Stephanie Mills, Milira, Debelah Morgan and Johnny Gill – and done a better job with Miki as well.
Listening to this album today, one can hear all the classy trademarks in Miki’s vocalising, although her voice was not even nearly as strong as it is now. Still, at the time of the release, I felt that both the album and the singer lacked personality. Maybe it was the material and overall production style, which did not differ from other major label releases at that time. Anyway, with a more distinctive production and arrangements, the album would have been much more worthwhile. But even as such, it contained several notable tracks.
All the hit singles were picked from the A-side, which is quite strong, indeed. The opening song Come Share My Love peaked at position 5 on Billboard soul chart, and it reminded me of Whitney’s punchiest cuts, with an instantly memorable melody line and powerful singing over a mid-tempo beat. The backing is really faceless, using programmed drums and synths, but that was the easiest way to get airplay and a sizeable hit for a new (solo) artist in the soul scene. The single was released late 1986 and it spent almost six months on the soul charts.
The next single pick was, quite surprisingly, a jazz standard Imagination (by Burke / Van Heusen), best known from Glen Miller’s repertoire. You can actually find hundreds of matches in the Allmusic.com database who have recorded the same song. These include Ella Fitzgerald, Etta James, Carmen McRae, Frank Sinatra etc. Miki’s version is arranged in a string-coated, MOR setting with rather little jazz nuances, but she sings the familiar song in a dedicated way, and Dave Schiavone’s robust saxophone solo adds some further colour to the atmosphere. The single didn’t quite reach the top ten, but it was close (peak position # 13).
I’ve heard a rather effective 12 inch remix of the third single Come Back to Me Lover, which is a better-than-average upbeat mover with Miki singing delicious ad-lib parts over the groovy programmed backing. The 12” is certainly worth hunting for club DJs.
The fourth cut on the A-side of the vinyl album was Love Will Find a Way, a mediocre LeMel Humes tune in a mid-paced backing coloured by Jeff Smith’s short saxophone solo.
The B-side is much weaker than the A-side. It contains two cuts produced by keyboard player Peter Scherer, the first of which is a spirited dancer with a brilliant horn section (Jerry Hey, Gary Grant, Dick Hyde, Larry Hall) and some Latin-style percussion work by Bashiri Johnson. Certainly not a bad track, but maybe not the right kind of material for Miki, who really would have preferred jazzy ballads like Imagination. In her interview, she stated that if she had been able to choose by herself, all tracks would have been like Imagination…
The more synthetic dance tracks on the B-side really don’t deserve a detailed analysis, suffice it to say that they were rather modest tracks and no other singer would have made them better. The only ballad on the B-side was a Whitney-ish pop-soul ballad My Friend, sung over “Kurzweil 250 computer systems” played by LeMel, as it its stated in the sleeve notes. Not my idea of an ideal soul music setting!
Reading Miki’s interview at the time of her debut solo set, it seemed that also she herself realised that her first album had its weaknesses and that it did not display her individuality. In her Blues & Soul interview Miki said that there is “plenty of room for improvement” and that her next album would be “a little more personal”.
Buy this album from our CD Shop
Love Confessions
A 1) Baby Be Mine 2) You've Changed 3) That's What Love Is 4) In too Deep B 1) Crazy 2) Better Love 3) I Wanna Be There 4) Reasons 5) Love Confession
CD Bonus Track: 10) Edge of Love
For once, the commercial trends were favourable for the artistic development of major label soul singers. Anita Baker had released her Rapture set in 1986, and in the following years songstresses like Stephanie Mills, Regina Belle, Shirley Jones, Phyllis Hyman, Jean Carne and Angela Winbush were scoring big hits with gorgeous soulful ballads.
Atlantic was still unsure what to with Miki’s musical style, and they obviously tried to play safe by hiring several different producers on Miki’s sophomore set. Luckily, these included also Gerald Levert and Marc Gordon (of the Atlantic hit group Levert), veteran Arif Mardin and Nick Martinelli, who had just started to get enormous success by producing classic soul ballads with real instrumentation for Stephanie Mills (I Was Good All Over) and Regina Belle (Show Me the Way, So Many Tears). Stephanie’s I Was Good All Over was Martinelli’s first major hit with his new production style. He had abandoned rhythm machines, and had decided to stick to real instruments. As Martinelli himself confessed in Billboard, he didn’t try to hide that his inspiration of this sudden change in style came from Anita Baker’s Rapture album:
“I said I was going to get away from machines, and I did. I was impressed when I heard Anita Baker’s albums; I felt that mechanical sound was definitely missing, and that’s what I went after” (Billboard, September 5, 1986).
Still, I’d hasten to add that Nick Martinelli’s style was far from an imitation of Baker’s music. On the contrary, Martinelli’s style was a superb combination of a rootsy, often gospel-flavoured atmosphere and a marvellous, intensive musical backdrop full of delicious nuances.
Baby Be Mine is a prime example of this. The track opens with a saxophone intro, and as soon as Miki starts her soulful reading, you can feel an almost Aretha-like gospel-ish atmosphere. But the swinging rhythm (Darryl Burgee on drums) and the wailing saxophone by Sam Peake take the overall feel far from gospel and give the tune its unique, intense-in-the-extreme flavour. Miki herself is really in her element while having a chance to ad-lib over the swaying backdrop during the last few minutes of the song. The tune was co-written by Ashley Ingram of the UK disco-funk aggregate Imagination, and Ingram is also responsible for the fabulous arrangement together with Martinelli. A perfect soul masterpiece that I rank along the finest moments of soul music of the 80s – or any decade, to be honest!
The Arif Mardin –produced jazz standard You’ve Changed (best known as Billie Holiday’s version) is naturally a follow-up to Imagination on Miki’s previous album, but actually much better. Now the arrangement is not a string-coated MOR-jazz backdrop but much more stylish musical setting with Philippe Saisse on keyboards and Phil Bodner on clarinet. And as you can guess, Miki is in great form while getting a chance to breathe life into this old standard with her mature yet fresh interpretation.
However, You’ve Changed was not released as a single. Baby Be Mine was deservedly the first smash top ten hit from this album, and it was followed by even bigger top ten hit when the Gerald Levert duet That’s the Way Love Is was released as a single. The song was set in a slamming programmed beat, but the tune is an extremely soulful ballad and both Miki and Gerald sing the tune in a mighty gutsy, powerful way. Douglas Gaines’ saxophone solo crowns this excellent modern soul ballad. Coincidentally, Gerald and Miki also had a short but torrid affair, but at the time of the recording this duet, the twosome did not speak to each other – maybe that’s why the duet is so full of explosive power – what a fiery duet!
V. Jeffrey Smith and Peter Lord (of Family Stand fame) were recruited to produce some swingbeat cuts on the album, but they failed miserably with In too Deep and Bitter Love, both of which Miki and the producers would certainly rather forget they have ever recorded. A waste of everyone’s time.
We can also be very happy that LeMel Humes did not produce more tracks on this album, as I Wanna Be There is another desperate try to repeat Whitney Houston’s pompous “Disney ballad” style - you know what I mean - and the title track Love Confession is an amazingly poor synthetic funker.
Instead, the second Levert contribution Crazy is another proof of Gerald Levert’s huge (and now sadly missed!) talent. Despite the programmed beats, the tune is pure gold and would have been classic Philadelphia soul for O’Jays with its tasty vocal group -like chorus (sung by the Levert trio), over which Miki bends and shapes her voice in an utterly soulful manner. Wonderful stuff, indeed.
The second Martinelli production was a cover of the Earth, Wind & Fire classic Reasons. It’s a respectable cover of the Philip Bailey bravura, but lacks the brilliance of the arrangement that made Baby Be Mine so breathtaking.
The CD version of this album also contained a bonus track, titled Edge of Love. It was actually picked from the film soundtrack Fatal Beauty, and thus it’s no wonder that this pop-inclined mid-tempo mover differs vastly in style from the rest of the CD. Certainly no need to hunt for the CD for this track alone.
Despite its dreary dance tracks, Love Confession is an essential album without which none of our readers should live. It has to be noted, though, that all the four best tracks from this album were included in Rhino’s The Very Best of Miki Howard compilation from 2001.
Atlantic LP/CD 82024, 1989
1) If You Still Love Her 2) Come Home to Me 3) Until You Come Back to Me (That's What I'm Gonna Do) 4) Ain't Nuthin' in the World 5) Love Under New Management 6) I'll Be Your Shoulder 7) Love Me All Over 8) Mister 9) Just the Way You Want Me To 10) Who Ever Said It Was Love
It seems that Miki’s second solo album Love Confessions really proved to everyone what was the right direction musically for Miki. Anyone with a pair of ears could hear that offering synthetic funkers for Miki was a waste of talent, and that she was doing fabulous work while singing ballads, either roosty old-time soulful ballads or interpreting jazz classics. It was time to release a more ballad-oriented set. Six out of ten tracks on this self-titled set were ballads.
At the time of releasing the album, Miki herself stated that the new album “is probably more soulful, more mature, both vocally and in the terms of the subject matter”. The album yielded three big hits: the first single pick Ain’t Nuthin’ in the World was a number one hit, the second release Love Under New Management a number 2 hit and the third pick Until You Come Back to Me a number 3 hit!
All three were different kind of tracks. The number one hit Ain’t Nuthin’ in the World was a trendy swingbeat cut typical of the period, not a very memorable track and probably musically the weakest link of the whole album, but it gained a lot of airplay and earned Miki her well-deserved first number one hit.
The second major hit Love Under New Management is another story. It was produced by Nick Martinelli, who tried to repeat the successful formula of Baby Be Mine on Miki’s previous album, and did it in an impressive way. Although the arrangement is now less experimental, the song is another superbly soulful new masterpiece. I’m sure it would have peaked the soul charts as well if it had been released as the first single pick, but even at the time when most of Miki’s fans already had the album, it climbed to the number two position of Billboard’s soul charts.
The song was written by husband and wife Gabriel and Annette Hardeman, who already had written one number hit, Stephanie Mills’ I Feel Good All Over, also produced by Martinelli, so he could trust this couple’s song-writing skills. Indeed, the song sounded like an instant classic, and Miki recorded the track in the classic Sigma Sound studios in Philadelphia (founded by Joseph Tarsia), whereas the rest of the album was mainly recorded elsewhere. Sam Peake blows the saxophone on this heavily gospel-inclined burner.
The third hit was another contemporary remake of an old classic, just like Imagination on Miki’s debut and You’ve Changed on her sophomore set. This time Miki had chosen Aretha’s bravura Until You Come Back to Me, which was turned into a modern, light swingbeater. Maybe not one of the original arrangement’s, really, but otherwise I could well accept that Miki wanted to cover an Aretha song – she was becoming a modern day Aretha herself! Actually Love Under New Management would have been ideal material for Aretha.
The swingbeat hits were produced by Jon Nettlesbey and Terry Coffey (of the soul group Truth Inc.), who did a much better job two years later with Keith Washington, but on this album they also produced two classy ballads. At this time Nettlesbey and Coffey were an unknown writing and production team. They were also from Chicago, and they played in a local band with Karen Mayo, who became Miki’s production coordinator. While Miki couldn’t get in touch with more famous producers while preparing her third album, she asked her friends if they had any material for her. Jon and Terry recorded some demos, and Sylvia Rhone at Atlantic got excited by these tapes.
However, both Miki and the producers were shocked when they noticed that Atlantic had chosen to go with Ain’t Nuthin’ in the World as the first single, because they all expected that If You Still Love Her, the album opener, would have been the first pick. “It’s traditional Miki Howard, one of those torch songs that Miki used to do”, said Nettlesbey. The song starts with Brandon Fields’ saxophone, and the tune really is a strong, powerfully delivered soul ballad that would have deserved more recognition, but it was never released as a single.
Instead, the other Nettlesbey & Coffey ballad, Come Home to Me, was released as the fourth single, and it’s also quality soul with an excellent melody and neat production that reminds me of Freddie Jackson’s Barry Eastmond-produced hits.
The B-side of the vinyl album contained three tracks produced by Gerald Levert and Marc Gordon, one by Larry Blackmon (of Cameo) and yet one standard swingbeat cut by Nettlesbey and Coffey – with Keith Washington singing background vocals.
Gerald Levert did another duet with Miki, even though they weren’t any longer dating at that time. Actually Miki was pregnant for a new man in her life while recording this album. “Gerald wanted to sow his (wild) oats, while I wanted to get married”, explained Miki. “Four weeks after Gerald and I broke up, I met a guy, and a few weeks after that, we got married”. Unfortunately the marriage was a terrible mistake, according to Miki it was “an abusive relationship with a man who was not part of the music business yet insisted on controlling every aspect of Miki’s life”. (Source: the liner notes of The Very Best of Miki Howard, by A. Scott Galloway)
Anyway, the Gerald Levert duet I’ll Be Your Shoulder was another worthwhile ballad tune, although not as great as That’s the Way Love Is on Miki’s previous album. The track was arranged in a typical Levert sound, but contained some tasty saxophone over the programmed beats, and the singing by the former lovers was as fiery as ever.
Of the other Levert contributions, Mister was a slamming upbeat cut, but the next track Just the Way You Want Me a surprisingly traditional ballad in an airy, stylish background. Even Eddie Levert, Sr. of the O’Jays is featured in the background vocals together with Gerald and Sean Levert plus Terry Stubbs, who wrote the song together with Duane Mitchell. Excellent, rootsy soul ballad.
The closing track was produced by Larry Blackmon, who certainly was an unexpected person to produce Miki, but he didn’t try to mould Miki into a funk style, instead the track Who Ever Said It Was Love was a modern beat ballad that was self-written by Miki with Kevin Phillips.
The album is rated as Miki’s best ever album by many critics. It certainly was her most consistent effort this far, but I have to admit that all the uptempo tunes with their trendy swingbeat rhythms and sharp synth lines sound desperately dated today. Luckily, the majority of the tracks were ballads, and all of them were worthwhile. While listening to the album today, one track stands heads and shoulders above the others, and it is the Martinelli production Love Under New Management.
US Giant/Warner CD 24452, 1992
1) Good Morning Heartache 2) This Better Earth 3) Hope That We Can Be Together Soon 4) Shining Through 5) But I Love You 6) Ain't Nobody Like You 7) I've Been Through It 8) Release Me 9) Thank You For Takin' Me To Africa 10) Cigarette Ashes On The Floor 11) New Fire from an Old Flame
Miki’s third Atlantic album was her most successful so far, earning her three top 3 hits, so quitting Atlantic at this point didn’t make any sense, but that’s what Miki decided to do after her husband convinced her to leave “because she didn’t have a gold album while fellow artists Shirley Murdock and Regina Belle did”.
Anyway, the start with the new label (Giant in Warner’s distribution) was great. Miki had Cassandra Mills(Stephanie Mills’ sister-in-law) as her executive producer, and the first single on a new label was another number one hit for Miki. It was titled Ain’t Nobody Like You, and this slowly grinding sexual song reunited Miki with producer LeMel Humes, who was now writing and producing much more mature material than in the 80s. Miki herself describes the track as follows: “Before that, I never sang sexual songs. This one was strictly physical, honey!” Miki is really in her element while ad-libbing over the slow but funky groove.
This album also contained some wonderful upbeat cuts. While I disliked most of the uptempo tracks on her previous sets, the club-oriented Release Me has always been my favourite cuts on this strong album. It was produced written and produced by Nettlesbey and Coffey, who were now successful producers, but they were happy to return to work with Miki with whom they started their producing career. Release Me has a great shuffling rhythm not far from Soul II Soul’s classic Keep on Movin, and Miki’s wailing is just delicious. Certainly nothing wrong also with Miki’s cover of Sly Stone’s Thank You, on which Jerry Livingston plays some of the funkiest bass ever put on record!
Still, the real cream cuts were, as usual, ballads. The album opens with two jazz standards, Billie Holiday’s Good Morning Heartache and Clyde Otis’ This Bitter Earth. Good Morning Heartache is set in a strong back beat, featuring Joe Sample playing some elegant piano and Larry Williams on sax. A worthwhile interpretation, but even better is Miki’s powerful reading of This Bitter Earth. It is spiced by Roy Hargrove’s splendid trumpet solo. The rootsy song has earlier been recorded by such artists as Dinah Washington, Aretha Franklin, Etta James, Ella Washington and Della Griffin. Gladys Knight also sings the tune on her fresh Verve CD Before Me.
Surprisingly, Kenny Gambleand Leon Huff have produced Miki’s reading of the Harold Melvin & the Blue Notes hit Hope That We Can Be Together Soon. Kenny and Leon were of course writers of the song, and it is so good to hear real drums and other real musicians playing the background. Christopher Williams duets with Miki, and does his best Teddy Pendergrass improvisation at the end of the song. I actually like this version more than the original!
However, the peak of the CD in my book is a ballad tune which is co-penned and produced by Miki herself: But I Love You. It is set in a luxurious musical backdrop with real drums by Mike Capury, Vincent Henry on saxophone, Dinky Bingham on piano and Jerry Livingston on bass, and the atmosphere is similar to Baby Be Mine. Miki herself sings her heart out while delivering the dramatic ballad.
The only track I don’t like on the album is the MOR-ish David Foster contribution Shining Through, which sounds like a dull Christmas song. I also feel that the programmed backing by Robbie Buchanan is in contradiction with the church-y overall feel (including a 13-piece gospel choir).
Miki Sings Billie - A Tribute to Billie Holiday
US Giant 24521 CD, 1993
1) What a Little Moonlight Can Do 2) I'm a Fool to Want You 3) My Man 4) Solitude 5) 'Taint' Nobody's Business If I Do 6) Yesterdays 7) Now or Never 8) Don't Explain 9) Strange Fruit 10) I Want to Be Your Mother's Son-In-Law
In 1992, Miki Howard played Billie Holiday in Spike Lee’s movie Malcolm X. She sang the song I Cover the Waterfront, arranged by Terence Blanchard. Next year, Miki was featured in a John Singleton film Poetic Justice, playing hairdresser Maxine.
In the CD leaflet of The Best of Miki Howard, Miki tells that she knew all about Billie Holiday. Miki deeply identified with the ill-fated singer and needed no preparation for the role. Anyway, the soundtrack album for the Malcolm X only contained original jazz and soul, including one track from Billie Holiday, Big Stuff. Thus, it was a quite logical move from Miki to release an albumful of Billie Holiday covers. Also, in several interviews, Miki had stated that she was “really a jazz singer”. It was just “because I was young and jazz wasn’t popular in the ‘80s, I couldn’t do it”.
A Tribute to Billie Holiday is really a genuine jazz album, not soulful or MOR-ish covers of Billie Holiday songs, but the real thing. As such, the music is totally different from her covers of jazz classics on her first albums, when she sang over string-coated MOR backings. Now she was backed by a real jazz band, featuring Raymond Pounds on drums, Kevin Brandon on bass and Jeffrey Colella on piano.
The uptempo tunes also boast a horn section: What a Little Moonlight Can Do, 'Taint' Nobody's Business If I Do, Yesterdays, Now or Never and I Want to Be Your Mother's Son-In-Law have a have a wonderful swing and enjoyable saxophone solos. However, although Miki is in great shape while singing these swinging, brassy tunes, she gets a much better chance to show off her mature, deep vocalising on the ballads.
My personal favourite on the album is I'm a Fool to Want You, a wonderful sax-drenched slow burner which gives Miki plenty of room to bend and shape her full-blooded jazz vocalising. My only complaint is that the song is faded after four minutes of playing time, just as Miki is warming up for tasty improvisation.
My Man and Duke Ellington’s Solitude are both set in a relaxed, string-coloured arrangement. The first five tracks were produced by David Foster, while the last five were produced by LeMel Humes and arranged by H.B. Barnum. Strange Fruit has not got the highly dramatic feel of Billie’s version and the arrangement has a rather odd, film-like atmosphere.
The only track from this album that was picked to Miki’s Best of collection was Don’t Explain, which is really one of the highlights here. While I’m not a great fan of the string-coated musical setting, Miki does a splendid job singing the painfully emotional lyrics, which certainly were rather personal for Miki herself at the time, when she was working her way out of her relationship with an abusive husband. She divorced him soon after finishing this album, and unfortunately also the fallout of her marriage cancelled Miki’s contract at Giant label.
Miki Sings Billie was not the out-and-out masterpiece that Miki could have been able to record as her first real jazz album, but it doesn’t contain any weak moments either. With two gorgeous ballads and several brassy uptempo swingers, it was an entertaining and worthwhile album. Hopefully, some day Miki gets a chance to record another jazz album.
Live Plus
US Warlock 2773 CD, 1996
1) Come Share My Love 2) Imagination 3) That's What Love Is 4) You've Changed 5) Baby Be Mine 6) Blues 7) Ain't Nobody Like You 8) Ain't Nuthin' in the World 9) Love Under New Management 10) Until You Come Back to Me (That's What I'm Gonna Do)
Miki’s next album was on Warlock label, and it was a live album without any credits or details about the recording place or date, or the musicians involved. However, it is a treasure especially for those of her fans who haven’t had a chance to see her on stage yet – including yours truly. The album offers an 11:39 long version of Baby Be Mine, complete with monologues and sax solos, a 7:19 long, sax-drenched reading of Love Under New Management and a delicious, sax-drenched 6:10 version of Imagination, which is much, much better than the string-laced, MOR-ish studio-recorded version on Miki’s debut.
The same could be said of You’ve Changed, which is now in the kind of musical setting I prefer. The backing band is truly solid, featuring real drums, smouldering saxophone, funky bass and strong piano playing. Miki’s vocalising is exactly as rootsy, mature and colourful as you might have expected, and she really enjoys doing the endless adlibbing on the extended ballad versions. On That’s What Love Is Miki is sharing the stage with an uncredited husky-voiced male vocalist, who certainly isn’t Gerald Levert (who sung on the studio version of this hit), as it was suggested on the Allmusic.com review of this CD.
The “Plus” in the title probably refers to the fact that Ain’t Nobody Like You is not a live version but the studio cut of Miki’s number one hit from the Femme Fatale CD. Ain’t Nuthing in the World takes her back to a live setting, and the version of this swingbeat cut sounds indeed more lively than the programmed studio cut. Also, the live version Until You Come Back to Me – the Aretha cover from her third album – is definitely better than the studio version with a light, programmed rhythm: this time we have real drums playing some truly swinging beats and the backing singers adding a joyous gospel feel to this uptempo swayer. The live version of Come Share My Love has much the same spirited atmosphere, and it also outshines the studio cut of the same song.
All in all, a very welcome addition to my record shelf, and an essential purchase for any Miki Howard fan.
Can't Count Me Out
US HUSH 6611 CD, 1997
1) I Love Every Little Thing About You 2) Sunshine 3) Three's A Crowd 4) You Don't Know What Love Is 5) At Seventeen 6) Get Over You 7) Something I've Never Had 8) Summer 9) Can't Count Me Out 10) I Love Every Little Thing About You (Instrumental)
In 1997, Miki released her first studio recording in four years, when the small Alibi Records indie label (distributed by Hush) published this CD. Despite the indie label, the album was rather similar to her major label albums, containing the usual mixture of soulful ballads, trendy upbeat cuts plus a couple of cover tunes including one jazz standard.
The last mentioned was this time You Don’t Know What Love Is, of which Marilyn Scott recorded a truly splendid interpretation together with Frank McComb in 2001. Miki’s version is almost equally impressive, crowned by some robust (although uncredited) saxophone playing and Miki herself in great shape while colouring the familiar tune with her personal, full-bodied phrasing.
There were a couple of other cover tunes, too. At Seventeen is a song originally written by folk-rock artist Janis Ian, but it has been recorded by several jazz artists as well. Unfortunately Miki’s reading seems to be influenced by the rock versions, and in Robby Takac’s (a member of the rock group Goo Goo Dolls) rock-oriented production and arrangement the track seems to be completely out of place on this album. Oddly enough, it is followed by even a rockier track, the guitar-inflected Get Over You, which is undoubtedly lyrically aimed at Miki’s ex-husband.
The Stevie Wonder cover I Love Every Little Thing about You was a duet with Terence Trent D’Arby, while Chaka Khan was singing backing vocals. The track was produced by Kenneth Crouch, who has worked with Lenny Kravitz, Eric Clapton, Destiny’s Child, Lauryn Hill and Brandy, and to be honest, I don’t think Kenneth was an ideal producer to Miki, either. Maybe this catchy singalong pop jogger would have been a chart hit on a bigger label, but I’m actually glad it wasn’t, so it didn’t encourage Miki to continue in this style.
It appears that the Brenda Russellsong Sunshine was an original for Miki, and it has not been recorded by anyone else. It is a harmless handclapper with some 2Pac-type of rap added to have more appeal to youngsters. Instead, Three's A Crowd had earlier been recorded by Milira on her Back Again CD in 1992. The track is a neat sax-laced soul ballad, on which Miki does some great adlibbing at the end of the song. Val Young, Penny(e) Ford and Natalie Jackson are featured as the backing singers.
Of the four new songs that Miki has herself written, by far the most outstanding is the title track Can’t Count Me Out, which Miki duets with far father Clay Graham (of the gospel group Pilgrim Jubilee Singers), who sounds a bit like Bobby Womack, and I think this track alone makes the CD worth a purchase. The track is sung over a programmed background by LeMel Humes, but the simple background does not diminish the rootsy soulfulness of this legendary duet, which is certainly one of the best performances ever put on record by a parent/child pair!
The relaxed mid-pacers Something I've Never Had and Summer complete this varied set with its obvious peaks and valleys.
US Peak 8502 CD, 2001
1) Three Wishes 2) One Day Without You 3) Nobody 4) From Now On 5) Ain't No Way To Treat A Lady 6) Don't Give Your Heart 7) Kiss Of A Stranger 8) Imagine 9) Bring Your Loving Home 10) Meant To Be
In 2001, Miki managed to get a record deal with Peak Records (founded by Rippingtons members Andi Howard and Russ Freeman), who also signed vocalists like Regina Belle, Glenn Jones, Phil Perry and Cassandra Reed to their roster, and released new albums for each artist. The overall criticism of these albums – and not only in our Soul Express magazine – was that Peak was playing it much too safe with them, trying to please masses by using neutral, programmed backings with no conspicuous jazz or soul elements.
This applies to the overall feel of Three Wishes as well. When the songwriters and producers included such talented names as Barry Eastmond, Gary Brown, Sam Sims and Gordon Chambers, all of whom had contributed to numerous quality soul releases in the 90s, it was annoying to hear them contribute faceless tracks using nothing but programmed drums and keyboards. Of course, a programmed backing may be tasty sometimes as well, but these simply had all the taste and smell neutralised. You could best describe the CD as neat and consistent, or “pleasant if unremarkable” and “likeable but not mind-blowing”, as it was expressed in the Allmusic.com review.
Still, even the most simple beat backings couldn’t stop Miki adding some genuinely soulful singing on tracks like Nobody, Ain’t No Way to Treat a Lady or Three Wishes. In a tastier musical backdrop, these three songs would have been superb soul ballads. The melodies are strong and quite memorable, and Miki delivers them colourfully, although without such a burning passion as on her earlier masterpieces like Baby Be Mine or Love Under New Management. Ain’t No Way to Treat a Lady was arguably the peak of the album, and this great Barry Eastmond-Gordon Chambers-penned song sounded like a future classic. The other Eastmond-Chambers collaboration Nobody is almost as classy, and it was chosen to our Quality Time Top 50 countdown of 2001. Gordon Chambers was also singing the backing vocals together with Sara Devine.
The track that differs musically from the rest of the album is Kiss of a Stranger, which is set in a jazz backdrop, but even that is an extremely composed performance with only three instruments (drums, bass and guitar) and avoids any strong nuances.
The rest of the album contains less worthwhile compositions, and the closing tracks Bring Your Loving Home and Meant to Be were modest cover tunes that LeMel Humes had earlier produced for the short-lived Motown act Nu Soul Habit (in 1994). Imagine is a decent enough soul ballad tune, while Don’t Give Your Heart has a Disney-ish schmaltzy feel.
I don’t think many soul fans really were very disappointed when Peak never got a chance to release a second album for any of their soul protégées. This album is now available as a low-price cut-out, and I suggest that you pick it up on the cheap to get the four worthwhile tracks to your collection. They are certainly worth the half price CD.
The Very Best of Miki Howard
US Rhino CD 74296, 2001
1) Come Share My Love 2) Imagination 3) Love Will Find a Way 4) Baby, Be Mine 5) That's What Love Is 6) Crazy 7) You've Changed 8) Come Home to Me 9) Ain't Nuthin' in the World 10) Love Under New Management 11) Until You Come Back to Me (That's What I'm Gonna Do) 12) If You Still Love Her 13) Ain't Nobody Like You 14) Good Morning Heartache 15) Release Me 16) Don't Explain
This Rhino collection is really well compiled and contains the excellent biography, written by A. Scott Galloway, cited several times also in this article. My personal choices for Miki’s best of collection from 1986 to 1997 would have contained the following tracks – in order of the release year:
1) Come Share My Love 2) Come Back to Me Lover 3) Baby Be Mine 4) You've Changed 5) That's What Love Is 6) Crazy 7) Love Under New Management 8) But I Love You 9) This Bitter Earth 10) Release Me 11) I'm a Fool to Want You 12) Don't Explain 13) You Don't Know What Love Is 14) Can't Count Me Out
As you can count, eight of these tracks were really included in the Rhino collection, and these choices alone made it a splendid collection, and the inclusions that were on this compilation but not among my personal favourites were the obvious big hits. I think this CD is a valuable purchase especially for those who only have the first Miki Howard albums in vinyl format. This is a way to get the early gems of Miki’s career in a digital format at a very reasonable price. Especially Come Share My Love is a quite rare in its CD format, when it was released at the time when vinyl was still the most common format. Nowadays you have to pay 40-50 US dollars to get Miki’s debut CD.
Pillow Talk - Miki Sings the Classics
US Shanachie 5762 CD, 2006
1) I Can't Stand The Rain 2) Do That To Me One More Time 3) Go Away Little Boy 4) Pillow Talk 5) This Masquerade 6) Inseparable 7) Lowdown 8) Misty Blue 9) Just Don't Want To Be Lonely 10) Which Way Is Up
It seems that almost all artists who recorded for Peak in the early years of this decade have now switched to Shanachie. Before Miki’s Shanachie debut, Phil Perry and Glenn Jones have already released their albums on the same label, and both of these were all-cover sets. Shanachie has also released all-cover sets by Maysa and Silk. In 2007, Shanachie plans to release similar sets also by Vesta (Williams) and Deniece Williams.
All these albums were repeating the same “all-time classic song” formula, using the same producer Chris “Big Dog” Davis, who used real instruments on some tracks and programmed backdrops on some others. Kim Waters is featured as the saxophonist, Rohn Lawrence as the guitarist and Genobia Jeter-Jones is singing backgrounds not only on her husband’s (Glenn Jones) set but also on Miki’s album. Luckily, Miki herself together with Kim Waters, take care much of the production on Pillow Talk.
I didn’t much care about the choices of cover tunes on Phil Perry’s album, but the albums for Maysa, Glenn Jones and Miki Howard all contained some delicious picks. Of course, the singers themselves were able to choose their favourite songs, and Miki explains in her MySpace biography that she “started out with a list of thirty songs. I drew from songs that were among my favorites. It was very exciting to make this record and I’m really happy with the end result.”
“We started out with I Can’t Stand The Rain which I’ve been hearing from way back. I based my version on Tina Turner’s so you could say doing the song gave me the chance to have my Tina Turner moment! Captain & Tennille’s pop chestnut Do It One More Time is one of my favorite songs. I always liked their music and I thought Tennille was kind of soulful!”
Go Away Little Boy: “Although mine is more similar to the version done by Nancy Wilson, it was Marlena Shaw’s record that I heard during my high school days. In a way, that record by Marlena introduced jazz vocals to young people of my generation.”
Natalie Cole’s number one hit from 1976, Inseparable, is also arranged in a jazzy setting: “I won so many talent contests in the 70s singing that song! I mean, that was the song we all sang when we were trying out in those shows. Natalie was such an inspiration for me musically and personally so this is my way of paying homage to her.
The title track was a version of Sylvia’s number one hit from 1973. “Sylvia Robinson I guess she was the original Lil Kim, a milder version that is! My Mom used to think I was a bad kid because I loved Sylvia’s Pillow Talk so much!”
Boz Scaggs’ 1976 smash Lowdown is probably the catchiest song on the album with its swaying musical backdrop. Miki: “Augie Johnson (of Side Effect) sang on the original version by Boz. I’ve always loved the song and I still think it has a great lyrical message.”
According to Miki, her version of This Masquerade was not influenced by George Benson’s 1976 hit version: “I always thought it was more of a song suitable for a female singer to do and then I heard Shirley Bassey’s version of it. It’s just a great tune.
Also a hit from 1976 was Dorothy Moore’s bravura Misty Blue. “My mom played it so much till we wanted to throw that 45 out! I remember seeing Dorothy sing it on Soul Train so she was one of the lesser-known but important musical influences on me growing up.”
Just Don’t Want to Be Lonely has been recorded by Ronnie Dyson, Blue Magic and Main Ingredient, who inspired Miki to cover the song: “No can sing a melody like Cuba Gooding!” Recently, also Regina Belle and Will Downing have recorded their own versions of the song.
Finally, Miki’s album of classic songs closes with her updated version of Stargard’s funk smash Which Way Is up, a song which also has a special meaning for Miki: “That has just been a very inspirational song for me. I used to play it all the time during my journey in dealing with different personal challenges and that’s why I really wanted to do it.”
Personally, the opening and closing songs are the only tracks I don’t care for on this album, but I really enjoyed the other versions. I’m very happy that so many tracks have received a jazzy arrangement with lots of real instruments, and Miki is really in her element singing very personal readings of Inseparable, This Masquerade or Go Away Little Boy.
Now that Miki’s three children are all grown-up (the youngest is seventeen), Miki can again concentrate on her singing career, and I’m sure that she will record lots of classics in the years to come – not only cover tunes but songs that people will remember as classics by Miki herself! As Miki herself stated; “There is so much I would like to do, so many songs I have yet to sing and a whole lot of love to share. I look forward to a second wind!”
Article by Ismo Tenkanen, Soul Express, editor
Added in May 2008: The review of Miki's latest CD Private Collection:
MIKI HOWARD Private Collection
Miki's new webpage: www.miki-howard.com
Miki Howard Discography of Albums
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Gritty Zionism
With his debut novel, essayist Gadi Taub shows an unfamiliar side of Israel—and of himself
By Evan R. Goldstein
August 4, 2009 • 7:00 AM
Gadi Taub(Inbar Zaafrany)
“The strippers love the book,” says Gadi Taub. It is a bright mid-July afternoon in Tel Aviv. Taub is talking about Allenby, his best-selling debut novel about the employees and patrons of a Tel Aviv dive bar. Taub’s fictional bar is inspired by a real one, Allenby 40, a dimly lit watering hole known for its unusual hours: the regulars, many of them strippers, show up around 3 a.m. and often stay past 9:00 a.m. When the rest of the city is shuffling off to work, the denizens of Allenby 40, dubbed the city’s “sleaziest” club by Time Out Tel Aviv, are staggering on home—or still drinking and dancing.
Published in March, Allenby traces the consequences of a violent incident as it ripples through the lives of people living on the outskirts of society. The book has provoked debate in newspaper columns and book-review pages about the exploitation of women in the sex industry, the plight of the Israeli underclass, and the state of Hebrew prose. But no question, perhaps, has aroused as much speculation as this one: why is a highly regarded professor of communications and public policy at the Hebrew University of Jerusalem, a best-selling children’s book author, an acclaimed cultural critic, and a columnist for Israel’s largest-circulation daily, Yedioth Aharonoth, hanging out with strippers in a seedy Tel Aviv bar?
Largely unknown in America, Taub, 44, is an unusual hybrid of popular culture junkie and public intellectual. He seems equally confident debating the legacy of the philosopher Isaiah Berlin on stage at Mishkenot Shaananim, the handsome, wood-paneled cultural center in Jerusalem, as he is on the set of Mesudarim, a hit comedy series about four young dot-com millionaires in which Taub plays an all-bravado political spinmeister. (Think Ari Gold, Jeremy Piven’s scene-stealing super agent in HBO’s Entourage.) “What Gadi thinks, what Gadi writes, and what Gadi does are highly, highly consistent. That includes being honest about his emotional life in the red-light district,” says the literary critic Nissim Calderon, a close friend of Taub’s and his former co-editor at Mikarov, a journal of politics and culture they co-founded in the early 1990s.
“I immediately fell in love,” Taub says about his first visit to Allenby 40 a few years ago. Taub is seated amid the lunchtime bustle at Orna and Ella, a fashionable café on Sheinken Street. He’s dressed in an unbuttoned and untucked black and white pinstriped shirt, a white undershirt, stonewashed jeans, and sneakers. He is short, slight of build, and clean-shaven. A silver hoop earring dangles from each ear; his hair is closely cropped and receding. “It is a place where people who wouldn’t meet each other in any other context gather.” For a time, he rearranged his life around the nocturnal rhythms of the bar. “Instead of coffee for breakfast I would have a beer,” he says in excellent English. Many of the characters in Allenby are modeled on people Taub met at the bar.
The air of well-scrubbed affluence that fills Orna and Ella contrasts sharply with the grimy and impoverished world Taub depicts in Allenby, a book populated with hardscrabble characters that are at turns sympathetic and cruel. In one scene, for instance, a patron at the bar tries to provoke a fight with three Arabs, who manage to get away. “What a bummer,” the chief instigator blurts out, “beating Arabs is both a mitzvah and a pleasure.” It is a sentence that Taub overheard at Allenby 40. “It was important for me to show that the more neglected parts of society are generally more racist, more homophobic, and more chauvinistic,” he says, taking a drag of his Marlboro Medium.
That harsh reality is rendered in a unique, hard-boiled Hebrew. From the opening page, for example:
“An Allenby night crowd. Young, dressed for partying. A group of guys. A group of tourists. All girls. Twenty something. Shouting. Laughter. Some stopped to look. Others didn’t notice. The club’s neon sign blinked. Stripes: red, white, blue. The stripes changed the background for the club’s logo: Allenby Dancebar. The neon lit the girls near the railing. In red. In white. In blue.”
The staccato prose, Taub explains, is in part a protest against the vogue in Hebrew literature for long, metaphor-laden passages of psychological narration. “We don’t need 17 pages on the exact shade of what a character feels when he wakes up in the morning,” he says, slightly exasperated. A desire to beat Arabs needn’t be explained as a consequence of childhood trauma, lack of education, or abject poverty. Excessive psychologizing, Taub says, is “the opposite of storytelling.” More, it conveys a sense that “self-indulgence is the order of the day.” He takes a sip of Diet Coke. “My characters are not prone to deep introspection; they have to make difficult decisions in difficult situations. And I like that, because drama is about taking responsibility and meeting life head-on.”
Taub’s scholarship is as eclectic as his resume. He has written about Quentin Tarantino, Theodor Herzl, American history, incest, Richard Rorty, psychoanalysis, the Enlightenment, and Raymond Carver. Next year, Yale University Press will publish The Settlers and the Struggle over the Meaning of Zionism, a lucid study of the intellectual and theological origins of the religious settler movement. Taub, an outspoken opponent of Jewish settlements on the West Bank, says the book is his attempt to better understand the ideas that animate an enterprise so at odds with his own definition of Zionism: the belief in a democratic, Jewish-majority state. Originally published in Hebrew in 2007, it will be Taub’s first adult book to appear in English.
“Gadi has the rare quality of integrity, both in his politics and his literary work,” Amos Oz says from his home in Arad, a desert town in southern Israel. “I have great respect for Gadi’s literary talent as well as his sharp intellectual wit. He is likely to become more prominent in the future because he speaks in a clear and loud voice.” Alexander Yakobson, a professor of history at the Hebrew University, has an earthier explanation for Taub’s appeal: “Gadi makes Zionism sexy.”
Taub burst onto the intellectual scene in 1997 with the publication of The Dispirited Rebellion: Essays on Contemporary Israeli Culture, a sharp rebuke of his generation’s embrace of postmodern relativism, political disillusionment, and ironic detachment. “Given that Jewish nationhood is an established fact,” Taub wrote at the time, “the prettified alienation of intellectuals from Judaism and nationalism is no more than an empty arrogance which renders them irrelevant, cutting them off from both Israeli politics and the spirit of the Israeli public.” Such sentiments were not received with gratitude. “He was hated by many of his friends on the left,” says Nissim Calderon.
A self-described “ardent Zionist,” Taub has spent the better part of his career in combat with post-Zionists, a small but prominent cadre of academics, artists, and journalists who advocate Israel shedding its Jewish identity and forging some sort of one-state arrangement with the Palestinians. “Post-Zionists have successfully managed to confuse the debate to such an extent that most educated young people view Zionism as first and foremost suspect, guilty until proven otherwise,” Taub says, “This is not healthy.”
It is the messianic settlers, he argues, that “are the most present danger to Zionism.” That perspective forms the core of Taub’s forthcoming book. “Settlement is the opposite of Zionism,” Taub says. “Anyone in America who thinks they are defending Zionism by defending settlements is mistaken. Zionism depends on the right of all peoples to self-determination—including Palestinians. So the logic of Zionism is the logic of partition.”
In many respects, Taub represents a return to an older tradition of the writer’s role in Israeli society. Taub’s generation has largely eschewed the strong moral and ideological stances of its literary elders. Oz, the epitome of the politically engaged novelist, describes Taub as “one of the few members of the younger generation of Israeli writers who is politically active and politically involved.”
When asked about how he sees his role as a public intellectual, Taub borrows a seafaring metaphor from the philosopher Michael Walzer. If you want to be a serious social critic, Walzer argues, you must be a member of society, a part of the ship’s crew, not a bystander floating safely on a nearby lifeboat. “If you have no residue of love for the society you are criticizing people are not going to use your criticism constructively,” Taub says. “I feel like a lot of the left wants to be labeled as outsiders to feel cleansed of the sins of their society. But telling the ship it should drown is easy for intellectuals and academics; we have a protected enclave, and we can leave. We can teach physics in England or American history in France.” But if you are a bouncer at a dive bar in Tel Aviv, for instance, “it is difficult to move to France.” Taub sits quietly for a moment. “If the ship sinks, a lot of people go down with it.”
Evan R. Goldstein is a staff editor at The Chronicle of Higher Education.
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This Article Originally Published April 1998
by Donald Passman
Most lawyers in the music business don't charge just on an hourly basis. For the ones that do, the rates are usually from $125 per hour for new lawyers, up to $450 or more for biggies. Some of us charge a percentage (usually 5%), while others do something known as "value billing," often with an hourly rate or retainer against it. (A retainer is a set monthly fee that is either credited against the ultimate fee, or it's a flat fee covering all services. "Value Billing" means that, when the deal is finished, the lawyer asks for a fee based on the size of the deal and his or her contribution to it. If the lawyer had very little to do with shaping the deal, but rather just did the contract, I think the fee should be close to an hourly rate (though I'll get heat for telling you this because it's usually more). On the other hand, if the lawyer came up with a clever concept or strategy that made you substantial sums of money, or the lawyer shaped or created the deal from scratch, he or she will ask for a much larger fee. If your lawyer "value bills," you should get some idea up front what it's going to be, so that there aren't any rude surprises. At minimum, get a ballpark range.
Here are some questions to ask your potential lawyer:
1. Do you have expertise in the music business?
2. What do you charge? In addition to fees, do you charge for costs? (Everyone charges for long-distance phone calls, messengers, etc., but some charge for every page of photocopying, faxing, etc, while others are much looser.)
3. Ask if the lawyer has a written fee arrangement. In California, lawyers are required to have their fee arrangement in writing in order to enforce them (a major incentive to get them in writing). Ask for a copy of the fee arrangement so you can review it. Also, the lawyer can't insist on your signing it in his or her office--the California Bar considers that too intimidating. So take it home.
It's unethical in California for lawyers to have an agreement with you that can't be terminated at any time. If it's a percentage arrangement, be careful about what happens to the percentage after the term.
You should ask if they object to your having the fee arrangement reviewed by an independent advisor, preferably a lawyer, but at least a personal manager or business manager. No legitimate lawyer will object to this, and in fact, they should encourage it. If it's at all possible, you should have your fee arrangement with your lawyer reviewed independently--especially if it involves a percentage. And, if it isn't possible to do this, make sure the lawyer explains it to you in detail and that you understand it.
4. Ask for references of artists at your level, and check them out. Does this lawyer return phone calls? Do they get deals done in a reasonable period of time? "Reasonable" in the music business is not going to be anywhere near the speed you would like. It's not uncommon for a record deal to take four or five months to negotiate, especially if you're a new artist and can't force the record company to turn out a draft quickly. Four to five months is a realistic time frame, but if it goes beyond that, someone isn't doing their job. I've always been amused by a story I heard from a new client when I was a young lawyer. He had been represented by another lawyer, and he said, "I know my record deal is good. It took over a year to negotiate."
5. Do you have or foresee any conflicts of interest?
A lawyer has a conflict of interest when his or her clients get into a situation where their interests are adverse. This is easy to see, for example, when two clients of the same lawyer want to sue each other. However, it's also a conflict of interest when two clients of the same lawyer make a deal with each other.
Lawyers are ethically required to disclose their conflicts of interest to you. Your choice is either to hire another lawyer, or you may "waive" (meaning you choose to ignore) the conflict, and continue to use the same lawyer.
Because the entertainment industry is a relatively small business, those of us who practice in this field are continually bumping into ourselves when our clients make deals with each other. Most of the time these situations are harmless and can be handled simply, in one of several ways:
1. Each of the clients gets another lawyer (rare unless it's a pretty serious conflict).
2. One of the clients gets another lawyer (much more common).
3. The clients work out the agreement amongst themselves (or else the manager, agent, or business manager negotiates for them), and the lawyer merely draws up the paperwork, not representing anyone's interest.
When you are interviewing attorneys, you should ask if they have or foresee any conflicts of interest. Most ethical lawyers will bring it up before you do, but you should ask anyway.
Donald Passman is a Los Angeles-based music attorney with the firm of Gang, Tyre, Ramer & Brown. Specializing in music business law for over 20 years, his clients include major publishers, record companies, film companies, managers, producers, songwriters, and artists such as REM, Janet Jackson, Quincy Jones, Tina Turner and Green Day. On a regular basis, we will be excerpting from Mr. Passman's best-selling book, "All You Need To Know About The Music Business."
©1991, 1994, 1997 by Donald S. Passman
From "All You Need To Know About The Music Business" by Donald S. Passman. Reprinted by permission of Simon & Schuster, Inc.
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Scholes to play in Battle of Europe in S'pore
http://str.sg/4N4E
Paul Scholes, the former Manchester United star who is widely regarded as one of the finest midfielders of his generation, will grace the National Stadium on Nov 12.
He will join the list of ex-football internationals in the Battle of Europe 2016 friendly match between England and Germany Masters.
The 41-year-old said he is eager to play on Singapore shores, adding: "Matches against Germany are always memorable and the Battle of Europe is no different.
"I've always enjoyed my trips to Singapore and it will be extra special for me this November and I am looking forward to playing alongside my team-mates in a couple of months."
Famed for his passing ability and long-range shooting, Scholes earned 66 England caps from 1997 to 2004, scoring 14 times.
Besides Scholes, former Sheffield Wednesday midfielder Carlton Palmer will also join the England Masters line-up.
Palmer, who had also played for Leeds United, represented his country 18 times, scoring once.
In the opposing camp, Lothar Matthaus, Mario Basler and Karl-Heinz Riedle are some of the ex-Germany internationals who have confirmed their participation.
Tickets for Battle of Europe 2016 presented by Masters Football Asia are available at Sports Hub Tix.
Prices start from $19. Family packages (two adults and two children below the age of 12) are available at $100 and VIP packages at $200.
Yogaraj Panditurai
A version of this article appeared in the print edition of The Straits Times on September 24, 2016, with the headline 'Scholes to play in Battle of Europe in S'pore'. Print Edition | Subscribe
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These are a list of commonly asked questions from prospective parents who are interested in enrolling their children at the Strauss ECE and Kindergarten. If you have another question not on this list or would like to schedule a tour, please click on the button below.
Q: Can you describe the enrollment process?
A: The first thing you will want to do is set up a tour. You can fill out the Contact Us form at the bottom of the page or call at (520) 325-0390. During the tour you will see our facility, meet our teachers and learn about our curriculum and philosophies. You will also receive a package of information that has our tuition rates, parent handbook and other pertinent information. After the tour, if you would like to enroll your child in our preschool you will want to verify availability and set up an enrollment meeting. You can secure a spot with a non-refundable registration fee and the first month tuition. There are times, however, when a particular age group is full. If this is the case, we will place your child on a waitlist and you will be notified as soon as a spot opens up.
Q: What are your hours?
A: Our school is open the following:
Monday-Thursday: 7:00am - 6:00pm
Friday: 7:00am - 5:30pm (closed earlier in observance of Shabbat)
Q: What kind of schedules do you offer?
A: We offer three flexible options that are available Monday-Friday:
Full-Day: Includes all available hours
Mid-Day: 8:00am - 3:00pm
Half-Day: 7:00am - 12:30pm
Your child must attend a minimum of 2 days per week.
Q: What is your tuition?
A: Due to our myriad schedules, our tuitions vary greatly. You will receive a tuition fee schedule in your packet during your tour. A discount is offered for Temple Emanu-El members.
Q: Do you provide meals?
A: We provide a morning and an afternoon snack for children ages two and older. Families provide their child’s own lunch. We also keep Kosher in our older classrooms and ask that you do not bring meat in their lunches.
Q: How do I know what snacks are provided?
A: We have a snack schedule posted on the ECE information board, directly inside the main entrance. We provide a wide range of fresh fruits, fresh veggies, grains, yogurt and cheese for all snacks.
Q: Are you a nut-free school?
A: We are not a nut-free school, but we are peanut-free.
Q: How CAN I SET UP A TOUR?
A: There are several ways to contact us if you still have more questions or would like to set up a tour:
Call the ECE Office at (520) 325-0390. Please feel free to leave a message and we will contact you as soon as possible.
Fill out the Contact Us form located at the bottom of this page. An email will be sent to us and we will respond very quickly.
Q: What are your teacher qualifications?
A: Our lead teachers have at least an associate’s degree or higher in Early Childhood Education and our assistant teachers are working toward that goal. Several of our teachers also have a Master's degree in Early Childhood Education as well. Our entire staff has been background checked and fingerprint cleared, as well as being certified in First Aid and CPR for both infants and children. Our teachers are also required to take 18 hours of continuing early childhood education classes each year.
Q: What type of curriculum do you teach?
A: We have an emergent curriculum where we teach in a hands on manner subjects which interest the child. We also teach about the Jewish Holidays as they arise. Academics are taught in a very hands on manner and are incorporated throughout the day in the learning environment. Children learn well beyond the Arizona Early Learning Standards.
Q: Do I have to be Jewish to attend?
A: You do not have to be Jewish to attend the Strauss ECE and Kindergarten. We are open to all faiths and many of our families have different religious affiliations. We do teach Judaics and Hebrew within our curriculum as well as creating a Jewish environment. If your child is not Jewish and attends our preschool, they will graduate with an appreciation and understanding of the Jewish religion.
Q: How can I learn more about Temple Emanu-El?
A: Temple Emanu-El is an exciting and extraordinarily active place, and we pride ourselves on being a warm and caring community. Our synagogue is many things for our congregants: a holy place to worship God, a center to learn about and experience our amazingly rich Jewish tradition, a comfortable location to meet and make friends, a working center of living Judaism. It is also a place of creative exploration, where we can seek that which moves and excites us religiously and intellectually. Please visit the Temple Emanu-El website for more information or call the main office at (520) 327-4501 to learn more about our synagogue.
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XCOM 2: War of the Chosen
XCOM 2: War of the Chosen is a must own for veterans and new players alike. It doesn’t matter how many hours players have put into the original XCOM 2 campaign, starting over with War of the Chosen is completely worth the time. -- As reviewed by Gaming Age
-- As reviewed by Gaming Age
Best PC Games 2018
Chosen by our editors as one of the best products in its category.
TechSpot Metascore
Based on 10 expert reviews
Excellent:
as rated by Amazon users
Read Pros & Cons
$20 on Amazon
Last revision on July 5, 2019
Editors Liked
Bond system reinforces human element
Emergent drama creates unique narrative tensions
Editors Didn't Like
The Lost are dealt with a little too easily
Accentuates some of vanilla XCOM 2's issues instead of fixing them, Developer
Direct Competitors and Related Products
Expert reviews and ratings
By in.ign.com on October 09, 2018 70
The stories of the four campaigns of seven missions a piece (with no strategy layer at all) are decent enough. They give us a little bit of background as to how the DJ good hooked up with XCOM, how Shen got the Avenger off the ground, and some info on...
By Hooked Gamers on October 04, 2017 90
A Rough Start 2016's release of XCOM 2 earned both praise and disappointment from me. A very good sequel failed to live up to its predecessor in a myriad of ways from optimization problems to a sense of being rushed with an overabundance of timed...
By GameAxis on September 13, 2017 87
Unlike the previous game's expansion, XCOM 2: War of the Chosen isn't an ideal proving ground for newcomers. While it does make you start a new campaign, there's so much new content layered on the many existing ones that it's easily overwhelming. The...
By PC Gamer on August 29, 2017 80
The new classes and super villains are excellent, even if the expansion bloats the campaign a...
By ap.ign.com on August 25, 2017 88
War of the Chosen is a wide and deep expansion for XCOM 2 that improves variety in mission objectives, tactical options, threats, and strategic map activities. The Chosen are worthy adversaries who advance along with you to put up great fights without...
By ign.com on August 24, 2017 88
XCOM 2: War of the Chosen is a major expansion pack for the strategy game hit sequel that adds extensive new content in the fight against ADVENT when additional resistance factions form in order to eliminate the alien threat on Earth. In response, a new...
By Engadget on March 07, 2019
So how do you categorize a beast like gaming on the PC? With decades of titles to pluck from (and the first port of call for most indie titles, too), there's so much to choose from. Gaming on your PC adds the benefits of (nearly always flawless)...
By Good Gear Guide on October 10, 2017
2012's X-COM: Enemy Unknown didn't just reboot the UFO-busting turn-based tactics franchise, it restored it to its perch as the gold standard of the genre. Whether we're talking about how it recreated the experience that long-time fans fondly remember...
By gamecrate.com on September 18, 2017
XCOM 2 originally released in early 2016, and in the year and a half since then it has seen several additional content releases that have taken it from a strong game to an all-time-great one. The latest expansion, War of the Chosen, overhauls much of...
By GameSpot on September 02, 2017
XCOM games are about staring down the impossible and choosing to fight on anyway. The premise of the franchise is that Earth is under siege by immeasurably more advanced alien swarms. XCOM 2 posits that we, as players, can't be victorious. Where its...
By Bit-tech.net on September 01, 2017
I've played it for hours every day, and when I'm not playing it I'm thinking about it, turning over tough turns in my head. I've sketched out turns in the office, tried to explain situations to my partner as I eat, tried to work out impossible battles...
By herebegeeks.com on September 01, 2017
If you just started turn based tactical games, I would advise you to start off with vanilla XCOM 2. But assuming you've played XCOM 2 already, go get War of the Chosen.Now if you don't mind me, I have to go avenge Junior Commissar Zack Ong.War of the...
By kotaku.com on August 29, 2017
If you've never played XCOM 2, here's my advice: Skip the vanilla version and start by playing the new expansion, War of the Chosen. It's the best 2K's XCOM series has ever been.War of the Chosen is a massive expansion, but it's not quite a whole new...
By eurogamer.net on August 24, 2017
War of the Chosen's first mission plays out exactly the same as in the original XCOM 2, which caught me a little by surprise. After being treated to a brand new intro cinematic that partly rewrites how the Commander is rescued in the opening moments of...
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Czechs criticised for homosexual 'sexual arousal' tests
The Czech Republic is using controversial "sexual arousal" tests where men are shown pornography to check if asylum seekers are homosexual, according to EU's leading human rights agency.
The EU said that the phallometric testing by the Czech Republic could fall foul of the European Charter of Human Rights Photo: ALAMY
By Matthew Day, Warsaw
In a report on homosexual equality, the Agency for Fundamental Rights said that phallometric testing, when men are shown both homosexual and heterosexual pornography while censors monitor the blood flow to the penis, "was questionable, since it is dubious whether it reaches sufficiently clear conclusions".
The Czech Republic is the only country in the EU that uses phallometric testing in order to distinguish true asylum seekers from those that might use claims of homosexuality and subsequent persecution back home as ruse to get into the country.
The EU agency also said that the test could fall foul of the European Charter of Human Rights, which prohibits degrading and humiliating treatment, adding that "this exam is particularly inappropriate for asylum seekers, given the fact that many of them might have suffered abuse due to their sexual orientation".
The Czech Republic's human rights commission described the test as "undignified".
But the Czech interior ministry defended the method, saying that it was part of a "comprehensive" system to check the veracity of claims, that it was voluntary and had only been used in about ten cases.
Vladimir Repka, a ministry spokesman, explained that the test was applied mainly to asylum seekers from countries "that severely punish homosexuality".
"These are people from areas where Islamic Sharia law is applied, or from countries which have a strong Islamic influence," he explained, citing Iran, Syria, Azerbaijan and Nigeria as examples.
But the Fundamental Rights Agency questioned the interior ministry's claims that the test was "voluntary", arguing that asylum seekers, fearing authorities might interpret their refusal to take the test as suspicious, may feel obliged to take it.
The agency argued that other, less intrusive, ways of determining somebody's sexual orientation such as psychological testing should be used instead.
Petr Khollovou, from Czech organisation People in Need, which provides support for asylum seekers, said that people who had undergone the examination had been "shocked" by the procedure.
Matthew Day »
In Czech Republic
Czech restaurant shooting: eight killed, reports say - as it happened
Europe's deep freeze
Velvet Revolution 25th anniversary
In pictures: Suspected gas explosion in Prague
Hitler's art collection
Vaclav Havel funeral
German news
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Energy: Nabucco’s comeback edit
Adina Revol
Since its launching in 2002, the Nabucco pipeline project has had several lives. Many times it was given as death, but it finally managed to rise from its own ashes. Even though the Russian-Ukrainian gas crisis in 2006 transformed Nabucco into a top priority European project, in the last few years it advanced a little but backed up a lot, resulting in barely concealed mockery. This pattern is true and depicts Nabucco’s situation before the economic crisis. The latter, with its negative effects, brought a breath of fresh air for the European project and its proponents have used it rather wisely. The latest developments in Azerbaijan and Turkmenistan are encouraging with regard to the equation of supply sources. It seems that Nabucco is back.
Companies have initially designed Nabucco in an economic perspective, as the answer to the growing gas demand on the European market at the horizon of 2020. OMW and its partners agreed in 2002 to create a new gas infrastructure bringing Iranian gas to Europe. The Russian-Ukrainian gas crisis raised it on the top of European agenda at the price of a change in purpose, as the project slips into a geo-economic logic. Nabucco 2006 has little to do with Nabucco 2002, as the EU and the United States did not favour the Iranian project, which had to be abandoned. Nabucco’s developers had to go back to the drawing board to look for alternative sources of supply and ensure the economic competitiveness to investors. Aware of the political turn of the project, the European Commission has sought to depoliticize the project by including it in the Southern Corridor with the Interconnector Turkey-Greece-Italy (ITGI), the White Stream and the Trans-Adriatic Pipeline (TAP).
Despite a strong European support, Nabucco remains a pipedream because of the lack of supply sources. Even though the signature of the Intergovernmental agreement in 2009 and the article 36 exemption concerning third party access to the network were positive for the project, they were not sufficient to convince the market of its economic feasibility. For the project to happen, it was vital that Azerbaijan and Turkmenistan send positive signals about their willingness to supply gas to Nabucco.
At the beginning of January 2011 these two countries received for the first time the official visit of the Commission President José Manuel Barroso accompanied by Commissioner for Energy Günther Oettinger. The agreement signed in Baku by Mr. Aliyev and Mr. Barroso urges Baku to supply gas to the European Union "in the long term." It is a great step forward for Nabucco, because Azerbaijan is of particular importance in the feasibility of the project and especially for the first operational phase of the project. For his part, Turkmen President Gurbanguly Berdymukhamedov held a similar speech, promising to send gas capacity to the EU and stressing his support for building a Trans-Caspian pipeline. However, no agreement has been signed between the two Presidents.
This resurgence of Nabucco occurs at a time when South Stream is crossing troubled waters. The Russian-Italian project has made significant progress in its inception in 2006, but since the crisis, its financial feasibility is questionable. Moreover, the project suffers from governance problems between Gazprom and ENI related to the input of EDF as a third partner in the offshore part. Also, doubts have settled on Russia’s ability to supply 63 billion m3 of gas, given the under-investment in the development of new internal gas capacities in Russia and the strained relations with Turkmenistan.
Nabucco is back in force thanks to the sustained political effort of the Commission. Nevertheless, its horizon is still plenty of uncertainties. The agreement with Azerbaijan is vague: no date and no amount of gas are specified in the text. President Aliyev has committed to provide enough gas to the Southern Corridor, stating that his country has reserves amounting to 2,200 billion cubic cubes. However, the President is not the only decision-maker, as private companies such as Statoil, Total and ENI exploit the Shah Deniz field together with the Azeri State. In addition, Mr. Aliyev emphasized the Southern Corridor, while Mr. Barroso focused on Nabucco. It is true that there is competition even within the Southern Corridor for the 10 billion cubic meters of Azeri gas available in the short term. This competition is fierce and aims Nabucco and ITGI. For now, President Aliyev has merely stated that his country will announce in the coming months the project(s) supported by his country.
President Berdymukhamedov’s comments are even more difficult to assess, given their vague content and his reputation. According to U.S. diplomatic telegrams from 2009 which were revealed by Wikileaks, the latter could be a good actor and a habitual liar. Furthermore, the sincerity of his promises is questionable as Turkmenistan increases the gas agreements with EU’s competitors: China and India. For his part, Mr. Barroso reiterated EU’s support for Turkmenistan’s candidacy to the WTO.
More than ever, the Nabucco project seems to have solved the equation of its gas supplies. In the game that pitted him against South Stream, the first roll wins the game. Given the recent positive developments, Nabucco has all the chances to win, because it has a head start on the regulatory and legal fields on South Stream.
Adina Revol Chercheuse associée au Centre d'études européennes de Sciences Po Contact Adina Revol
Roumanie : symptômes d’une crise profonde 01/23/2012
Fukushima rouvre le débat nucléaire en Europe 03/25/2011
Énergie : le retour de Nabucco 02/02/2011
Russie, Chine et UE à la conquête du gaz turkmène 02/09/2010
Misère électorale en Roumanie 12/12/2009
Is Asia afraid of China? David Camroux 11/29/2011
Strategic Games around Free Trade Agreements in the Asia-Pacific Yves Tiberghien 11/26/2011
Africa, AIDS and governance Oasis Kodila 04/17/2011
Can Technocratic Government be Democratic? Vivien A. Schmidt 11/23/2011
The 2010 French pension reform Antoine Bozio 11/04/2010
Beyond New Labour? Chris J. Bickerton 10/01/2010
Drowning, not waving: the UK and Brexit Mike Goldsmith 07/19/2018
Fiscal money is an illusion, not a solution Eric Chaney 05/23/2018
Fiscal money as a solution to Italian eurowoes Group of Fiscal Money 05/23/2018
Let’s not oppose climate policies and purchasing power! Lessons from the French climate transition 03/29/2019
Does France really need solar roads? 02/24/2016
Europe Needs Policies on Russia and Energy Anders Aslund 01/11/2007
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Print ViewGregg Malovany
Seton Hall University School of Law, Newark, NJ
Juris Doctor, Cum Laude, 1994
University of Massachusetts at Amherst, MA
Bachelor of Business Administration Cum Laude, 1991
Gregg S. Malovany is a 1994 graduate cum laude of the Seton Hall University School of Law. He received his undergraduate degree cum laude in 1991 in Management Studies from the University of Massachusetts at Amherst.
Prior to joining the firm, in 1994-1995 he clerked for the Honorable Peter B. Cooper, J.S.C. Essex County Superior Court in both the Criminal and Family parts. Additionally, from 1995 through November 2008 he was associated with a local North Jersey law firm. From 2001 through November 2008 he was the Managing Partner of the firm's workers' compensation department solely responsible for approximately 125 workers' compensation files.
Mr. Malovany is a member of the New Jersey Bar Association, the Passaic County Bar Association and the Morris County Bar Association. He is an active member of the New Jersey Bar and is currently an inactive member of the Pennsylvania Bar and is admitted as an Attorney of the United States District Court for the District of New Jersey. His activities at the firm focus on all phases of workers'' compensation defense including conferences, motions, trials and Second Injury Fund matters.
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Fairy Tales Started Dark, Got Cute, and Are Now Getting Dark Again
The action-packed 'Snow White and the Huntsman' is less a subversion of an old story than a return to one.
Scott Meslow
The action-packed Snow White and the Huntsman is less a subversion of an old story than a return to one.
"I guess you think you know this story.
You don't. The real one's much more gory.
The phoney one, the one you know
Was cooked up years and years ago,
And made to sound all soft and sappy
Just to keep the children happy."
–"Cinderella," by Roald Dahl
In the first minute of the trailer for Snow White & the Huntsman, Charlize Theron's evil queen Ravenna strips naked, sucks the "youth" out of a teenage girl, and plots to rip Snow White's heart from her chest. Given that most people think of Snow White as an innocent girl twirling through a forest, singing about the someday when her prince will come, this is less a trailer and more a statement of purpose: This story isn't for children anymore.
Snow White & The Huntsman is, yes, another fairy-tale film adaptation aimed at adults, coming on the heels of this year's Mirror, Mirror, last year's Red Riding Hood, and dozens of other works in the past decade. They're the latest in the long but accelerating trend that's undoing Disney's 20th century work of transform horrifying folk stories into genial animated musicals. While such retellings may seem subversive, they're actually throwbacks, marking a return to what these tales originally were—before, even, the Brothers Grimm got their hands on them.
The contemporary idea of the fairy tale can be traced to 1812, when Jakob and Wilhelm Grimm published a collection of folk stories called Children's and Household Tales—now much more commonly known as Grimm's Fairy Tales. From "Rapunzel" to "Hansel and Gretel," from "Cinderella" to "Sleeping Beauty," and all the way up to "Little Snow White." By contemporary standards, the Grimms' original stories are packed with violence and sex: "The Juniper Tree" features a stepmother killing her stepson and serving him to his father in a stew, and "Darling Roland" features a mother-to-daughter axe murder, to name two of many examples. (No word on a Disney adaptation of those two stories yet.)
But despite the often-disturbing content of the stories, the Grimms' primary contribution to fairy tales was making them tamer. As author and scholar Maria Tartar notes in her seminal book, The Hard Facts of the Grimms' Fairy Tales:
Wilhelm Grimm rewrote the tales so extensively and went so far in the direction of eliminating off-color episodes that he can be credited with sanitizing folktales and thereby paving the way for the process that made them acceptable children's literature in all cultures.
If the Grimm brothers can be credited with the beginning of fairy-tale sanitation, there's another man who gets credit for carrying their standard into the 20th century: Walt Disney. When Disney released Snow White and the Seven Dwarfs—the first feature-length cartoon by the company, and the 10th highest-grossing film of all time, when adjusted for inflation—it began a genre that would keep the company afloat for decades (and of course, it doesn't hurt that the vast majority of fairy-tale characters are in the public domain, making them free for anyone to use—that's how we can get two "Snow White" movies and one "Snow White" TV series within the same year). But it also set the template for the contemporary concept of the fairy tale: a whimsical, animated story appropriate enough for the entire family. In the years that followed, the company released its sanitized animated versions of Grimm stories like "Cinderella" and "Sleeping Beauty"—and its take on more recent stories like Alice in Wonderland—to significant critical and commercial success. (There's a reason, after all, that the colloquial term for sanitization is "Disneyfication.")
Nothing breeds parody like success, and it didn't take long for self-aware riffs on Disney's earnest fairy-tale adaptations to emerge (see Rocky & Bullwinkle's "Fractured Fairy Tales" shorts for a brilliant example, and Warner Brothers' "Coal Black and de Sebben Dwarfs" for a particularly awful one). But while the older, un-Disney fairy-tale parodies were intended for children, the newer versions that have come to prominence in recent years are meant for adults.
It's no coincidence that the adultification of the fairy tale happened over the same time period in which the children who'd originally enjoyed the Disney versions grew up, and surprisingly little needs to be changed to turn a children's story into an adult-oriented (and adult-rated) film. Despite the best efforts of the Grimm brothers, Walt Disney, and their contemporaries, fairy tales can never be completely separated from their darker origins. Stories like "Little Red Riding Hood" have barely-concealed themes about violence, sex, and the loss of innocence that can never be fully expunged. All it takes is a filmmaker like Neil Jordan (The Company of Wolves) or Catherine Hardwicke (Red Riding Hood) to bring them to the fore.
But there's a final wrinkle to the subversive fairy-tale trend: From movies like Snow White & the Huntsman to TV shows like Grimm and Once Upon a Time, a twisted fairy tale only works if the audience has enough knowledge of the original stories to appreciate how they're being subverted—a knowledge that contemporary children are getting further and further away from. From the Shrek franchise to lesser imitators like Hoodwinked! and Happily N'Ever After, and up to Disney's own Enchanted, contemporary children have grown up with more subversive fairy tales than actual fairy tales. Pixar, the best and most prominent studio currently making animated films for children, has one pivotal difference from Disney: It has never made a movie based on a previously-existing story.
In many ways, the reverse-sanitization of the fairy tale is a return to the origins of stories that were, in their earliest forms, only "related at adult gatherings after children had been put to bed for the night." As adults turn on an episode of Grimm after reading their children to sleep, or see Snow White & the Hunstman while their kids stay at home with a sitter, they're embracing a concept of the fairy tale that predates even the Grimm Brothers—a trend appropriate enough for the oldest stories of all.
Scott Meslow is entertainment editor at TheWeek.com.
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How to Turn Tap Water Into Bottled Water
A technique to prevent dehydration during a natural disaster, or at other times
James Hamblin
Marc Gutierrez / Getty
For more than 24 hours, Hurricane Irma has maintained winds of 185 miles per hour. That combination of strength and duration hasn’t been recorded over the Atlantic Ocean before. The storm appears to be heading toward the coast of Florida, and mandatory evacuations have been ordered in the Keys. Much of the rest of the state is bracing for emergency. Residents of South Florida began taking early precautions nearly a week in advance. Among them: buying tremendous quantities of bottled water.
The emergency guideline from the Centers for Disease Control and Prevention is to keep on hand at least one gallon of water per person and pet, presumably not counting fish. Many Floridians descended on grocery stores, where aisles of bottled water were reportedly dwindling or already empty as early as Monday—five to six days before the storm is projected to potentially make landfall.
That early grocery rush could leave people without bottled water. Making matters worse, prices of bottled water on Amazon have reportedly increased since news of the hurricane broke. Even at regular prices, preparing for the CDC-recommended two weeks with cases of bottled water conceivably could cost a family of four with one dog more than $500 if they could only find 16-ounce bottles.
Certain corners of the internet have surfaced a technique for water preservation that is applicable in just such an instance. As long as the municipal water system is still intact, “tap water” can be run from a faucet into a storage vessel—a jug, if you will. A canteen or large bottle will also work, as will a food-grade watertight sack.
An employee restocks bottled water on bare shelves as customers wait for him at a Publix grocery store on September 5, 2017. (Wilfredo Lee / AP)
Factory-bottled water costs around 2,000 times as much as artisanal-bottled water. The former is usually not recommended to be stored for longer than two years, while the latter can be stored for up to six months.
“Well, I don’t have a jug!” some people might say.
The nice thing about jugs is that they are purchasable and reusable. They keep until whenever you need them, and they are environmentally less costly to ship than cases of bottled water. This means less burning of fossil fuel, and so less carbon flowing into the atmosphere, and so less warming of the oceans, and so less intensification of the very weather patterns that bring about the need for stockpiling water.
Disaster-preparedness experts recommend that people invest in quality vessels if possible. Choosing the optimal way to store gallons of water for any given home isn’t necessarily obvious, and it depends on geography. Sources in the San Francisco Bay Area have informed me that many households maintain full tanks of water for use after the next earthquake. Among the popular options are large, polyethylene barrels, some of which are equipped with taps (like kegs) and hold up to 55 gallons of water. Water can be safely stored in these kegs for years, according to some experts, when they’re well cleaned and sealed.
Of course, making space for a large sturdy barrel in a city where real estate costs something like $8,500 per square foot is a privilege not afforded to all. The same problem of space presents itself in New York, where some apartments are barely larger than bedrooms, and in my experience almost none have water barrels. Keeping a 55-gallon barrel of water on a high shelf to save space creates its own set of risks upon arrival of a natural disaster.
In cases where storage is limited, collapsible five-gallon containers can be purchased cheaply and easily stored in even a modest-sized crack in a wall. Hurricanes afford time for preparation that earthquakes do not, namely time to fill one’s vessels.
Even if the municipal water system does fail or become contaminated, as some did in Texas in the wake of Harvey, tap water can be made potable in various ways. The CDC advises adding a tiny bit of bleach, one teaspoon of 5.25-percent sodium hypochlorite per gallon of water. If anything, grocery stores should be selling out of bleach.
For preventing dehydration, water alone should be sufficient, unless you’re fasting and sweating profusely or have cholera or another sort of diarrhea. Those conditions could leave people with electrolyte deficiencies, in which case oral rehydration solution can be purchased and kept on hand, of the same formulation that is used by the World Health Organization during cholera outbreaks. Since dehydration is among the leading causes of death globally (often due to infectious diarrhea, outbreaks of which are common after a natural disaster), oral rehydration solution has proven to be one of history’s most effective, life-saving medical interventions.
If you find yourself without any sort of bottled water—artisanal or factory—and your water supply is contaminated and you have no bleach or ability to boil or otherwise purify water, then there is usually some drinkable water in your hot-water heater and in the tanks of your toilets. The tanks, not the bowls.
James Hamblin, MD, is a staff writer at The Atlantic. He hosts the video series If Our Bodies Could Talk and is the author of a book by the same title. | More
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America by Air
Show Description +
Inspired by our March 2016 cover story by James Fallows, “How America Is Putting Itself Back Together,” readers share their best aerial photos from across the U.S. Submit your own via hello@theatlantic.com. (Please provide the location, the story behind the photo, and the largest file size you have. Horizontal photos with a bit of the plane visible—a wing, the edge of a window—are ideal. Terms and Conditions here.)
Sort Notes
Show 80 Newer Notes
Chris Bodenner
7:30 PM / April 2, 2016
America by Air: Blue, Blue Oahu
Michael Massey
I want to go to there:
I took this photo of Oahu flying from Honolulu to Washington Dulles just a couple of weeks ago. You can see downtown Honolulu, Waikiki beach, Diamond Head State Monument, as well as the Ko’olau Range in the background. A clearer day would have resulted in a better shot of the mountains, but I think the water was captured nicely. I had been scuba diving a little over 24 hours before I took this photo in the Maunalua Bay (which you can make out a tiny part of on the right side of the photo, just east of Diamond Head) and the water really is as clear and blue as it looks here.
11:15 AM / April 1, 2016
America by Air: Chicago's Lakefront
John Zimmerman
We started “America by Air” as a month-long series of aerial photos from readers that accompanied Jim’s March cover story, “How America Is Putting Itself Back Together,” which he reported with his wife Deb over three years across the U.S. via their single-engine plane. Readers not only keep sending more and more submissions, but the quality of the photos and anecdotes are getting better and better. So we’ve now turned “America by Air” into a standard feature of Notes, posting one a day, more or less, for the indefinite future, joining the ranks of Orbital View and Track of the Day. So please keep ‘em coming. Submission guidelines here.
The latest aerial view is a real beauty, coming from reader John Zimmerman:
Every year I like to fly to the big Oshkosh air show low and slow, enjoying the view at 90 knots—after all, getting to the big fly-in really is half the fun. One of the highlights of the trip every year from my home base in Cincinnati to Wisconsin is the Chicago area. If the weather is good, there’s no better flight than the one that follows the lakefront. The route takes you past famous landmarks like Navy Pier, Wrigley Field, and Willis Tower (you can look up at some office workers and wave). The only downer is the flight over abandoned Meigs airport, which sits barren and undeveloped, a lasting reminder of political misconduct.
As is true so many places in the U.S., no special clearances or equipment is required—just keep your head on a swivel and enjoy the view. It’s one of those “only in America” moments that knocks off the cynicism just a bit.
8:35 AM / March 31, 2016
America by Air: Shadows From the Sky, Cont'd
We started the week with a photo collection of airplane shadows cast across the U.S. landscape. Here are two more from reader Linda Tell, flying over Columbia, South Carolina:
Linda Tell
America by Air: Downtown Seattle
Seattle looms large in all things aviation-related, due mainly to the presence of Boeing. It looms large in my own aviation-related life, since I got my instrument rating while living there in 1999, training with instructor Chris Baker of Wings Aloft at Boeing Field in downtown Seattle; and then in 2000 did seaplane training with instructor Chris Jacob of Kenmore Air, which flies floatplanes out of the local lakes, bays, and inlets.
It also looms large in recent photos in this series. Here is another one via Stu Smith, a colleague of Chris Jacob’s at Kenmore:
This photo was taken by a passenger (I don’t recall the name) in a Beaver [JF note: a very popular floatplane] looking to the southeast. If not for the clouds, Washington State’s iconic Mt. Rainier would be visible on the distant horizon.
When the wind dictates a south departure from Lake Union (as it did in this flight), the climbout takes us past the Space Needle. It’s a pretty spectacular departure, which I’ve yet to tire of after 12 seasons. When the wind shifts to the north, the arrival and landing direction is reversed, taking us past the Space Needle in a descent. I think that tourists looking out from the Space Needle enjoy watching our departures and arrivals as much as the passengers on the plane enjoy watching them watching us!
I got to fly this route sometimes when doing training. It’s reason enough to do pilot training, or at least to take a sightseeing flight.
America by Air: Tiger Mountain Rainbow
Matty Senior, via Matthew Amend
Matthew Amend of Seattle, with whom I have corresponded about piloting issues for years, sends this photo. Here’s his explanation:
I just found your series. It’s great! As an 18-year paraglider pilot, I may be biased, but I firmly maintain that the best, most unobstructed way to view America by air is by dangling beneath a big kite!
Here’s my submission (of me, not taken by me—taken by Matty Senior). I’m taking a friend for a ride in my two seat (“tandem”) paraglider above Tiger mountain in Issaquah, WA. January 2015. Perfectly backed by a rainbow and low cumulus clouds with lake Sammammish in the distance. No Photoshop; that’s straight from the camera.
Have a look at the USHPA [U.S. Hang Gliding and Paragliding Association] photo gallery here. Aerial photos by my friend Jody MacDonald are particularly epic.
10:45 AM / March 28, 2016
America by Air: Shadows From the Sky
Matt Low
A reader and talented photographer, Matt Low, introduces a subgenre to our aerial photo feature:
I wanted to share some of the images I’ve been taking of elusive plane shadows from window seats. I make sure I alway sit on the shaded side of the plane to try and capture these.
During the 9/11 attacks, I lived just a few blocks away from the WTC on Duane Street, and I heard the first plane go overhead and crash into the tower. It took a while before I wasn’t spooked by the doppler effect of a plane passing by. Taking these photos has been a cathartic process for me, even though I still find the sight of shadows of the planes over buildings fairly sinister.
Here’s the photo gallery. All but #6 and #11 were taken over the U.S., mostly on approach to LGA or ORD, a trip I take a lot.
Above is a screenshot I took of Matt’s gallery. If you have any similar shots of plane silhouettes, please send them our way: hello@theatlantic.com.
America by Air: Abandoned Army Depot
Kristopher Murphy
Another fascinating view from a reader:
This picture is looking down at the former Savanna Army Depot just South of Hanover, Illinois, this weekend. The Mississippi River is in the background. Large sections are now being used for temporary storage of rail cars, but you can see the remains of roads that were once lined by ammunition bunkers.
More details from KWQC, a local news station:
The U.S. Army began work there in 1917 with military weapons testing and the grounds boomed to life. During World War II it was the largest Army depot in the county. Over the years it was also used to store, manufacture and recycle munitions.
Later, it was listed for BRAC closure and the depot officially shut its doors in 2000. Today, much of the property is out-of-bounds due to environmental contaminants. The areas that are off-limits to the public today are surrounded by tall fences and posted with signs that say restricted. However, you can still get pretty close enough to see many of the old buildings.
Especially if you’re in a small plane. But the area isn’t entirely abandoned:
“It might look like a ghost town, but that’s because you can’t see the activity,” said Alan Anderson, a Wildlife Refuge Operation Specialist with the U.S. Fish and Wildlife Service. There is some work happening with the railroad and efforts to redevelop the area, but Anderson works there for a different reason. “The U.S. Fish and Wildlife Service has been developing a National Wildlife Refuge here for actually 20 years,” he said.
The Army has transferred over about 10,000 acres that’s now called the Lost Mound Unit. Only part of it is open to visitors. “The work the military did disturbed some of the habitat that’s out here but it also preserved some of the habitat that’s out here,” added Anderson.
America by Air: Seaplanes Over Seattle
Stu Smith
Yesterday Stu Smith, who flies as a seasonal pilot for Kenmore Air in the Seattle area, shared a wonderful photo of a circular rainbow.
I’m very familiar with and fond of Kenmore Air, and not simply because my wife Deb and I took some of their seaplane flights for travel around the Puget Sound area when we lived in Seattle in 1999 and 2000. It’s also because I took seaplane-flying lessons there from Smith’s Kenmore colleague, Chris Jacob.
Because they fly so low-and-slow, and because they often land on lakes, bays, and shorelines right near cities, seaplanes generally offer a particularly striking version of the aerial view. In his note, Stu explains what we are seeing above:
I’ve flown for Kenmore for a dozen seasons in DeHavil and Beavers and Turbine Otters, all on floats. All of our flying is single-pilot, and
the company is certified to carry passengers in the copilot’s seat. I
often receive photos taken by passengers who are kind enough to share, since I tend to be occupied at the controls. Most of our flying is
low-level, typically below 5,000 feet above the ground. This is an
ideal height to see detail on the ground as well as a distant, synoptic view.
The photo above was taken by a passenger (name lost to history) sitting in the copilot’s seat. We’re flying in a Beaver on a scenic flight, southbound over Seattle’s Lake Union. Lake Union is freshwater, and is our primary takeoff and landing site. The seaplane dock, where Kenmore’s passengers embark and disembark, is just to the right of photo center (at the moment unoccupied).
Downtown is out of sight to the photo’s left, about a mile or so off our nose. Beyond the Space Needle to the southwest is Elliot Bay and then Admiralty Inlet, which are saltwater and part of Puget Sound. The plane’s right front float is just visible in the lower-left portion of the image.
2:00 PM / March 23, 2016
America by Air: A Rainbow Halo
Stu Smith, a reader who works as a seasonal commercial seaplane pilot for Seattle’s Kenmore Air, passes along a real beauty:
This photo was taken from the copilot’s seat by my friend Marshall Collins, who is a flight instructor at Clover Park Technical College (where I received my training and was also a flight instructor). This was a scheduled flight in a Beaver from Seattle to Victoria, British Columbia. We were about a third of the way into the 70 mile-long, northwest-bound flight when the circular rainbow appeared below us. If Marshall had had a wider-angle lens, he would have caught the entire circle.
At the time of the photo we were over the small village of Port Gamble, Washington, which had a long history as a timber and sawmill town. We’re looking to the northeast, with Point Julia in the foreground, the Kitsap Peninsula in the middle distance and Admiralty Inlet in the far distance. Marshall was riding along as my guest, since there was an unsold seat on this flight and he was available to join me.
I’ve had the good fortune of seeing several circular rainbows over the years. Phil Plait had a great article about them in Slate several years ago.
America by Air: Cloudy Cali Coastline
Evan Day
More props from a reader:
Love this series so far and thought I’d throw in one of mine. This shot was taken along the central California coast in the Big Sur area after taking off from Monterey en route to Montgomery Field in San Diego in a Diamond DA-40. In contrast to all of the great shots so far on (mostly) clear days, this photo was captured under instrument flight rules. [CB note: That’s defined as “rules and regulations established by the FAA to govern flight under conditions in which flight by outside visual reference is not safe”—in contrast to visual flight rules.]
The right side of the picture shows an interesting pattern that tends to show up in cell phone pictures taken from propeller aircraft. The best explanation I have found is here.
America by Air: Tildes Over Texas
Daniel Peña
This reader gives us props:
I really enjoyed “How America Is Putting Itself Back Together,” as well as your reader series on aerial photography, “America by Air,” which is one of my new favorite things. As a private pilot, I’ve been dying to submit, so today I thought I’d drop a line and share what I have.
Here’s a photo of Lake Bryan I took flying over beautiful Bryan, Texas. I love shooting photographs over the cowling of my Cessna 152 because of the effect that the moving propeller creates in the lens, like drifting horizontal tildes [ ~ ] cutting into the frame. Of course, you can’t see this effect with the naked eye, but it always shows up on a digital photo. As a Mexican-American pilot, I like to think of the tildes as benevolent latinate characters greeting me in the sky. Think Super Mario and those friendly clouds.
America By Air: Clear Skies on the West Coast
Heading south from Seattle, with Mt. Rainier, Mt. St. Helens, and other volcanic peaks to the east. (Tom Fallows)
It’s overcast today in Seattle, where my wife Deb and I have come for the annual Citizens University conference — an inspiring gathering of civic-engagement activists from around the country. But two days ago skies were clear along the West Coast. That is when reader (and son) Tom Fallows of San Francisco took pictures as he left Seattle, above, and came into San Francisco, below.
Coming home to the Bay Area. (Tom Fallows)
No comment needed, beyond remarking that this is a beautiful part of a beautiful country (and world).
After the jump, a reaction from another reader, involving the theme of fathers and sons and the view from above.
A reader in Southern California reacts to a post from a former flight instructor who said how much he loved the low-altitude view. Emphasis added — I have flown through this same area and can picture the scene he describes:
Similar memories of flying in the Riverside, CA and surrounding areas a long time ago.
Loved flying at lower altitudes; had the feeling of flying through a valley, rather than over it. Especially in the morning air, when it was smooth - magical, indescribable feeling. Following the Santa Ana River to the beach, south along the coast, and back over the hills to RAL [Riverside Municipal] was also a favorite. [JF note: I have flown this same route, from the airports in Redlands and San Bernardino toward those on the coast. It is magical, though usually with enough other airborne traffic that you can spend too much time just taking in the view.]
Would absolutely love to get back into it again, but my wife is fearful. I'm scheming tho'. We have a boy on the way… That boy is going to experience small aircraft flight early in his life (I'll take him while mommy is at work). He'll be addicted and it will be two against one!
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A Potential Hidden Factor in Why People Have So Much Trouble Losing Weight
Amanda Mull
A new study in mice points to how cell biology, not willpower, might be the root of yo-yo dieting.
The American conventional wisdom about weight loss is simple: A calorie deficit is all that’s required to drop excess pounds, and moderating future calorie consumption is all that’s required to maintain it. To the idea’s adherents, the infinite complexity of human biology acts as one big nutritional piggy bank. Anyone who gains too much weight or loses weight and gains it back has simply failed to balance the caloric checkbook, which can be corrected by forswearing fatty food or carbs.
Endocrinologists have known for decades that the science of weight is far more complicated than calorie deficits and energy expenditures. And in 2016, the fickle complexity of weight came to broad national attention. In a study of former contestants on a season of the weight-loss reality show The Biggest Loser, scientists found that years later, the contestants not only had gained back much or all of the weight they’d lost on the show, but also had far weaker metabolisms than most people their size. The contestants’ bodies had fought for years to regain the weight, contrary to the contestants’ efforts and wishes. No one was sure why.
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An Epidemic of Disbelief
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Robert Spada walked into the decrepit warehouse in Detroit and surveyed the chaos: Thousands of cardboard boxes and large plastic bags were piled haphazardly throughout the cavernous space. The air inside was hot and musty. Spada, an assistant prosecutor, saw that some of the windows were open, others broken, exposing the room to the summer heat. Above the boxes, birds glided in slow, swooping circles.
It was August 17, 2009, and this brick fortress of a building housed evidence that had been collected by the Detroit Police Department. Spada’s visit had been prompted by a question: Why were police sometimes unable to locate crucial evidence? The answer lay in the disarray before him.
Patrick Semansky / AP
Trump’s Greatest Contribution to American Politics
Todd S. Purdum
The fight on the House floor about Trump’s racist tweets illustrates, yet again, how singularly unprepared Washington is for a president like him.
In his racist attacks on four Democratic congresswomen of color, Donald Trump violated the norms of civilized public discourse in ways no modern president has come close to doing. And in their effort to condemn the president’s virulent remarks, the House Democratic majority dispensed—by raw party-line vote—with parliamentary niceties dating to the pen of Thomas Jefferson himself.
Welcome to another great moment in Washington 2019, where the 45th president seems more determined than ever to keep defining deviancy down, and to encourage everyone else to see the moral high ground as just another slippery and shifting partisan slope.
The day began normally enough for this non-normal age, with Speaker Nancy Pelosi determined to pass a non-binding resolution rebuking Trump’s series of tweets attacking the four Democratic members as America-hating socialists who should “go back” to where they came from, even though all but one of them were born in the United States.
Mendelsund & Munday
What Really Happened to Malaysia’s Missing Airplane
William Langewiesche
Five years ago, the flight vanished into the Indian Ocean. Officials on land know more about why than they dare to say.
1. The Disappearance
At 12:42 a.m. on the quiet, moonlit night of March 8, 2014, a Boeing 777-200ER operated by Malaysia Airlines took off from Kuala Lumpur and turned toward Beijing, climbing to its assigned cruising altitude of 35,000 feet. The designator for Malaysia Airlines is MH. The flight number was 370. Fariq Hamid, the first officer, was flying the airplane. He was 27 years old. This was a training flight for him, the last one; he would soon be fully certified. His trainer was the pilot in command, a man named Zaharie Ahmad Shah, who at 53 was one of the most senior captains at Malaysia Airlines. In Malaysian style, he was known by his first name, Zaharie. He was married and had three adult children. He lived in a gated development. He owned two houses. In his first house he had installed an elaborate Microsoft flight simulator.
Luci Gutiérrez
Your Professional Decline Is Coming (Much) Sooner Than You Think
Arthur C. Brooks
Here’s how to make the most of it.
"It’s not true that no one needs you anymore.”
These words came from an elderly woman sitting behind me on a late-night flight from Los Angeles to Washington, D.C. The plane was dark and quiet. A man I assumed to be her husband murmured almost inaudibly in response, something to the effect of “I wish I was dead.”
Again, the woman: “Oh, stop saying that.”
To hear more feature stories, see our full list or get the Audm iPhone app.
I didn’t mean to eavesdrop, but couldn’t help it. I listened with morbid fascination, forming an image of the man in my head as they talked. I imagined someone who had worked hard all his life in relative obscurity, someone with unfulfilled dreams—perhaps of the degree he never attained, the career he never pursued, the company he never started.
Alexis C. Madrigal
Despite what everyone says about the power of modern devices, they’re nowhere near as capable as the landmark early NASA system.
Editor's Note: This article is part of a series reflecting on the Apollo 11 mission, 50 years later.
Without the computers on board the Apollo spacecraft, there would have been no moon landing, no triumphant first step, no high-water mark for human space travel. A pilot could never have navigated the way to the moon, as if a spaceship were simply a more powerful airplane. The calculations required to make in-flight adjustments and the complexity of the thrust controls outstripped human capacities.
The Apollo Guidance Computer, in both its guises—one on board the core spacecraft, and the other on the lunar module—was a triumph of engineering. Computers had been the size of rooms and filled with vacuum tubes, and if the Apollo computer, at 70 pounds, was not exactly miniature yet, it began “the transition between people bragging about how big their computers are … and bragging about how small their computers are,” the MIT aerospace and computing historian David Mindell once joked in a lecture.
Erin Scott / Reuters
Am I an American?
Ibram X. Kendi
President Trump’s tirade against four minority congresswomen prompts the question: Whom does he consider to be American?
I live in envy. I envy the people who know their nationality. All the people whose nationality has never been a question in their mind.
I can imagine the woman staring at her reflection in the Volta River who knows she’s Ghanaian, like her ancestors who liberated their people in 1957 and chose the mighty pre-colonial Ghana as the name of their new nation. I can imagine the woman flying into Frankfurt who knows she’s German, who knows she’s arriving back home. I can imagine the man working on his antique car outside his home in Biloxi, forehead covered by the prized blood-red baseball cap he purchased at a rally back in November, a man who has never been told, “Go back to your country!” If somehow someone did tell him, it would confuse him as much as it would the Ghanaian or German woman. It would be like someone driving by his house and shouting at him, “Go back to your home!”
An Oral History of Trump’s Bigotry
David A. Graham, Adrienne Green, Cullen Murphy, and Parker Richards
His racism and intolerance have always been in evidence; only slowly did he begin to understand how to use them to his advantage.
The first quotation from Donald Trump ever to appear in The New York Times came on October 16, 1973. Trump was responding to charges filed by the Justice Department alleging racial bias at his family’s real-estate company. “They are absolutely ridiculous,” Trump said of the charges. “We have never discriminated, and we never would.”
In the years since then, Trump has assembled a long record of comment on issues involving African Americans as well as Mexicans, Hispanics more broadly, Native Americans, Muslims, Jews, immigrants, women, and people with disabilities.
Courtesy of Matthew Cox / The Atlantic
The Con Man Who Became a True-Crime Writer
In his old life, Matthew Cox told stories to scam his way into millions of dollars. Now he’s trying to make it by selling tales that are true.
Last April, I received an odd email from a man named Matthew Cox. “I am an inmate at the Coleman Federal Correctional Complex in Florida,” he wrote. “I’m also a true crime writer.” He had one year left on his sentence and was “attempting to develop a body of work that will allow me to exit prison with a new career.” He included a story about a fellow inmate who’d been ensnared in a complicated currency-trading scam, hoping that I’d write about it for The Atlantic.
“This is fascinating,” I replied. I didn’t mean the currency-trading scam, which was too procedural for my tastes, but Cox’s own trajectory. He described himself as “an infamous con man writing his fellow inmates’ true crime stories while immersed in federal prison.” I’d never had a possible subject pitch his own tale so aptly. I wasn’t entirely sure that was a good thing.
Phil Bray / Disney / Walden Media
Why the British Tell Better Children’s Stories
Colleen Gillard
Their history informs fantastical myths and legends, while American tales tend to focus on moral realism.
If Harry Potter and Huckleberry Finn were each to represent British versus American children’s literature, a curious dynamic would emerge: In a literary duel for the hearts and minds of children, one is a wizard-in-training at a boarding school in the Scottish Highlands, while the other is a barefoot boy drifting down the Mississippi, beset by con artists, slave hunters, and thieves. One defeats evil with a wand, the other takes to a raft to right a social wrong. Both orphans took over the world of English-language children’s literature, but their stories unfold in noticeably different ways.
The small island of Great Britain is an undisputed powerhouse of children’s bestsellers: The Wind in the Willows, Alice in Wonderland, Winnie-the-Pooh, Peter Pan, The Hobbit, James and the Giant Peach, Harry Potter, and The Lion, the Witch, and the Wardrobe. Significantly, all are fantasies. Meanwhile, the United States, also a major player in the field of children’s classics, deals much less in magic. Stories like Little House in the Big Woods, The Call of the Wild, Charlotte’s Web, The Yearling, Little Women, and The Adventures of Tom Sawyer are more notable for their realistic portraits of day-to-day life in the towns and farmlands on the growing frontier. If British children gathered in the glow of the kitchen hearth to hear stories about magic swords and talking bears, American children sat at their mother’s knee listening to tales larded with moral messages about a world where life was hard, obedience emphasized, and Christian morality valued. Each style has its virtues, but the British approach undoubtedly yields the kinds of stories that appeal to the furthest reaches of children’s imagination.
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N. Koreans must wear dictator’s hairdo
Do as I doDo as I do
Men required by law to adopt ‘Dear Leader’ Kim Jong-un hairstyle — a look citizens liken to ‘Chinese smugglers’
By Marissa Newman 26 March 2014, 7:21 pm 4 Edit
Marissa Newman is The Times of Israel political correspondent.
North Korean leader Kim Jong-un gives a speech during a plenary meeting of the central committee of the ruling Workers' Party in Pyongyang, North Korea, on March 31, 2013. (photo credit: AP/KCNA via KNS)
North Korean men will be mandated by law to adopt haircuts matching that of leader Kim Jong-un, in accordance with a new law initially implemented in the capital, Pyongyang, two weeks ago, and extended to the rest of the country this week, Radio Free Asia reported.
Women will continue selecting a hairstyle from the list of 18 state-approved dos. Prior to this legislation, men were allowed to choose from among 10 different haircuts.
The trademark “Dear Leader Kim Jong-un” haircut is characterized by shaved sides and longer, slicked-back tendrils piled on the top of the head.
Unsurprisingly, citizens are unhappy with this ruling.
“Our leader’s haircut is very particular, if you will. It doesn’t always go with everyone since everyone has different face and head shapes,” an unnamed source said.
“Until the mid-2000s, we called it the ‘Chinese smuggler haircut,’” said a former Pyongyang resident, now living in China, The Korean Times reported.
The North Korean regime was recently likened to the Nazis in a far-reaching United Nations human rights report.
“Systemic, widespread and gross human rights violations have been and are being committed by the Democratic People’s Republic of Korea, its institutions and officials,” said the report by the Commission of Inquiry on North Korea set up in March 2013.
“The country is a dark abyss where the human rights, the dignity and the humanity of the people are controlled, denied and ultimately annihilated,” Michael Kirby, the head of the inquiry, said.
Activation of warning systems comes after pair of projectiles were fired at Israel from the Palestinian enclave on Friday evening
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Indigenous activist taking province to court over air pollution regulations
By Jesse McLeanInvestigative News reporter
Sat., July 8, 2017timer3 min. read
A First Nations activist is taking Ontario’s environment minister to court for failing to follow through on a years-old promise to review the way the province regulates industrial air pollution.
Ada Lockridge is a member of the Aamjiwnaang First Nation, a community nestled amid a cluster of refineries, petrochemical plants and other industrial facilities known as Chemical Valley, near Sarnia.
In May 2009, Lockridge and a partner secured a pledge from the environment ministry that it would review how it regulates cumulative air pollution, such as in areas with a heavy presence of industrial plants.
After more than eight years of waiting, Lockridge has filed a court application asking a judge to order the province to immediately complete its review.
“We’re not talking about an academic exercise. We’re talking about people’s air,” said Kaitlyn Mitchell, Lockridge’s lawyer from the environmental advocacy group Ecojustice.
“There is a community of people in Aamjiwnaang . . . and every day they’re asked to breathe air that has contaminants in it. And no one has actually assessed the cumulative impact of those contaminants.”
The government currently regulates industrial air pollution by considering the emissions of each individual facility, rather than the cumulative impact all nearby plants have on the local air quality, according to the court application.
The long-promised review is now expected to be completed by fall 2017, said a spokesperson from the Ministry of the Environment and Climate Change.
“The ministry is working on multiple fronts and with First Nations, communities, industry and others to improve and protect air quality in the Sarnia area,” Gary Wheeler said in a statement.
“As this is a sensitive matter before the courts it would be inappropriate for the ministry to provide further comment at this time.”
The Aamjiwnaang First Nation received international attention in the mid-2000s after a study found it had abnormally low rates for male births. Over a five-year period, only about one in three children born to reserve residents were male.
The study’s authors said the community’s proximity to industrial plants was a potential factor contributing to the skewed birth ratios, adding that further research must be done. Members of the community have also reported other health concerns such as asthma and miscarriages.
To date, there have been no comprehensive studies carried out to properly assess the health effects of Chemical Valley’s industrial plants on nearby communities, Mitchell said.
In 2015, the area’s industrial facilities emitted more than 55,000 tonnes of air pollution, according to Ecojustice.
Since the province promised in 2009 to review how it regulates cumulative air pollution, Mitchell said it has repeatedly postponed its deadline. After missing the latest one, Lockridge decided she had waited enough.
“They promised they would do this. It’s time to move on it,” Lockridge said in an interview. “The government, they have even said they don’t even understand cumulative effects. What makes me so angry is why do you keep allowing more and more if you don’t understand what’s already here?”
Regulations on cumulative air pollution would benefit not just the Aamjiwnaang First Nation, Lockridge said, but the workers and residents of similar communities across Ontario with heavy concentrations of industry.
“It’s about everyone’s right to clean air to feel safe in their own home,” she said.
The recently filed court application is also asking a judge to declare the minister “acted unreasonably” in taking more than eight years to complete the review — a move that could have a lasting impact, Ecojustice’s Mitchell said.
“The injustice of allowing the community to be exposed to this air pollution for years cannot be undone. But if the court were to declare that eight years is an unreasonable delay, hopefully it won’t happen again in the future,” she said.
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If he loves a book, will you buy it?
Publishers are increasingly using cover blurbs – recommendations – from distinguished writers such as John Banville. But do they work?
June 19 2011, 1:01am, The Sunday Times
Banville regularly writes blurbs for books
Declan Burke was having trouble finding a publisher for his crime novel, Absolute Zero Cool, so he came up with a wheeze. “After a string of rejections, I emailed some writers requesting a jacket blurb with a view to giving the book an added dimension when it arrived on an editor’s desk, providing of course they liked it,” he says.
Some of them Burke knew, others he didn’t. All were writers whose work he respected. A number of them liked Absolute Zero Cool and provided blurbs — short compliments that are put on the jackets of books as bait for would-be buyers. “Liberties Press, which will be publishing the book, confirmed that the blurbs made an impact on the decision to publish,” Burke says. “So I’ve…
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Hey Jude (1968)
The Beatles hired Michael Lindsay-Hogg to shoot the “Hey Jude” promotional film (he had previously directed a ‘promo’ film for “Paperback Writer”) and they settled on the idea of filming with a live, albeit controlled audience. Lindsay-Hogg shot the film at Twickenham Film Studios on 4 September 1968, with McCartney himself designing the set.
Tony Bramwell, a friend of the Beatles, later described the set as “the piano, there; drums, there; and orchestra in two tiers at the back.” The event is also memorable as it marked Ringo Starr’s return to the group after a two-week hiatus, during which he had announced that he had left the band.
The eventual, final film was a combination of several different takes and included filmed ‘introductions’ to the song by David Frost (who introduced the Beatles as “the greatest tea-room orchestra in the world”) and Cliff Richard, for their respective, eponymous TV programmes. As filming wore on, Lennon repeatedly asked Lindsay-Hogg if he had the footage he needed. After twelve takes, McCartney said, “I think that’s enough” and filming concluded. It was first aired in the UK on 8 September 1968 and the film was later broadcast for the United States on The Smothers Brothers Comedy Hour on 6 October 1968. Footage of the performance can be seen in the Anthology DVD series.
Revolution (1968)
The Beatles performed the song semi-live (with live vocals performed over a pre-recorded instrumental track) in a specially produced promotional film shot by director Michael Lindsay-Hogg at the same time as the “Hey Jude” promotional film. The only contemporary UK screening of the Revolution clip was on the BBC’s Top Of The Pops on Thursday 19 September.
As the Beatles were singing the vocals live on the film, they elected to incorporate part of the vocal arrangement from the slower Revolution 1 version of the track. McCartney and George Harrison added the “shoo-bee-doo-wah” backing vocals unique to that version behind Lennon’s lead vocal – thus making the vocals on the film performance a hybrid of the two versions of the song.
The Beatles White Album Sessions
This documentary short film, running just 4:43 minutes, was available exclusively with the 2009 stereo remasters box set release.
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Literature / Books
Original Fiction / Poetry
A Curious, Alternative Magazine
The Image of Christmas – The Nativity Represented in Art
by Dr. Catherine Lawless
« Tuscany and the death penalty
Reflections from on high »
It is fitting to start this account with this image, as in many ways, it shows the start of the Christmas story. It was painted by Fra Angelico (c.1390-1455) a Dominican friar, probably for the Dominican house of San Domenico in Fiesole, near Florence. It was bought in 1612 for the Duke of Lerma’s chapel in the Dominican church of Valladolid in Spain where it remained until its acquisition by the Prado.
Angelico shows us not only the moment of Christ’s Incarnation in the Annunciation scene, but the very reason for it, by painting the Expulsion from the Garden of Eden in the left background. An angel ushers Adam and Eve out of a lush garden, rendered almost like a tapestry. The couple are wearing clothes so the moment of shame – linked to consciousness of their nakedness and sin – has happened. However, the most important part of the painting is clearly the foreground, where Gabriel announces to Mary that she will conceive and bear a child and she replies with humility ‘behold the handmaid of the Lord’. Mary’s acceptance of her role in the salvation of mankind, and Christ’s taking on her human flesh is crucial in the history of redemption and also in Eucharistic terms. The body of Christ, consumed in the Eucharist, is a human, fleshly body which was sacrificed on the cross for the sins of mankind. This difficult doctrinal message had to be rendered pictorially in a clear and readable fashion. Angelico places the Annunciation in an architectural setting of a Renaissance loggia, very similar to the loggie and cloisters of his own convent of San Marco, designed by his contemporary, Michelozzo (1396-1472). A shaft of golden light falls from the left bearing the dove of the Holy Spirit. Mary is seated with her hands crossed over her chest, an open book on her knee. The open book symbolises the Word, which is being made flesh at that moment, and also recalls the prophecy of Isaiah. Sculpted in the spandrels of the loggia is the head of God the Father, so all three persons of the Trinity are present: God the Father in the sculpted relief, the dove of the Holy Spirit in the shaft of light, and Christ, by implication, in the womb of the Virgin.
The Nativity story is told in the Gospel of St. Luke (2:1-7). Joseph is called to Bethlehem to take part in a census. Mary accompanies him: ‘She was pregnant, and while they were in Bethlehem, the time came for her to have her baby. She gave birth to her first son, wrapped him in strips of cloth and laid him in a manger – there was no room for them to stay in the inn.’Luke then goes on to describe how angels announce the birth of Christ to nearby shepherds. We can see, however, that the actual account of the birth is very sketchy, and it was fleshed out by centuries of Christian tradition and by apocryphal gospels – i.e. those gospels which were not accepted as authentic by the Church. Much of the detail of the Christmas tradition comes in fact from the apocryphal gospel of the Pseudo-Matthew, a text which appeared in the west in the 8th and 9th centuries. Some versions were preceded by letters which purported to come from Saint Jerome, testifying to the truth of its contents and claiming responsibility for its tranlsation. Some copies of the text attributed it to James, son of Joseph. In this text, an angel tells Mary that parturition is near and orders her to enter into an underground cave. At the entrance of Mary the grotto begins to glow like the sun. The Pseudo-Matthew then tells of how the Virgin gives birth to a son in the grotto, and angels circle him as soon as he his born, singing ‘Gloria to God in the highest and peace on earth to men of goodwill.’ A while before, Joseph had departed in search of midwives, but when he returns Mary has already given birth. Preachers often stressed how the Virgin was exempt from the pains of childbirth suffered by other women as a consequence of the sin of Eve and did not need the attentions of midwives. The midwives he brings are named Zelomi and Salomè but they stand outside the grotto afraid to enter because of the light. Zelomi enters and touches the virgin and exclaims on her virginity: ‘A Virgin has conceived, a Virgin has given birth, a Virgin remains. Salomè, outside, disbelieves and the story of the withered hand is told [Editor’s note: Testing Mary’s virginity with her finger, Salomè’s hand withered]. The shepherds are told of the birth by an angel, and an enormous star appears over the grotto. The third day after the birth, Mary leaves the grotto and enters a stable, she puts the child in a manger and the ox and the ass adore him. The author clearly added these elements, not found in scripture, to show that the prophecy of Isaiah was fulfilled. These details became absorbed in popular medieval texts like the thirteenth-century Golden Legend, written by the Dominican friar James of Varazze (Jacobus de Voragine), often described as a ‘medieval bestseller’.
We can see most of these elements in a panel from the Maestà, a huge narrative altarpiece painted for the high altar of Siena Cathedral by Duccio, 1308-11.
As is often the case in medieval and Renaissance depictions of the Nativity, the artist has merged the accounts of the birth and given us a stable and a cave. The star hovers above the cave, and the ox and the ass are seen. The two midwives bathe the child in the foreground. A double scale is used, traditional in medieval art, where the important figures such as Mary, and to a lesser degree Joseph, are depicted as much larger than ordinary people such as the midwives or the shepherds.
Possibly one of the most important texts in the Middle Ages, apart from the Golden Legend, was the Meditations on the Life of Christ, written by a Franciscan friar. This image is taken from the illustrated text now in the Bibliothèque Nationale in Paris.
This too was diffused widely, and, while it relied on the same sources, it emphasised a direct emotional relationship between the reader/listener and the figures of the narrative. Written for a Clarissan nun, it advised the reader to imagine such scenes as her holding the Christ Child against her cheek. Perhaps the most important episode described in the Meditationes is the Nativity, as so much of the iconography of later medieval Nativity scenes, both north and south of the Alps, is taken from it: ‘when the hour of birth came, the Virgin rose and stood erect against a column that was there. But Joseph remained seated, downcast perhaps because he could not prepare what was necessary.’ The Virgin washes the child with her milk and then lays him in a manger, wrapped in the veil from her head. The ox and the ass breathe on the child to give him warmth. The Virgin then kneels to adore the child. Joseph pads the saddle with straw or hair so that the Virgin can rest on it.
Texts like the Meditations and sermons delivered by the Mendicant orders (notably the Dominicans and Franciscans) were aimed at making religious narrative accessible to ordinary, unlearned people. People were encouraged to imagine the Via Dolorosa as the main street in their town, and to empathise with the joys and sorrows of the the Holy Family. Saint Francis himself instituted the tradition of the Christmas crib, depicted here by Giotto or a follower in the Upper Church of San Francesco in Assisi, painted in the late thirteenth century. While Saint Francis was celebrating Mass, the Christ Child appeared in the crib.
The realism and sympathetic detail found in the art of Giotto and his school has been linked to this emphasis on empathy and emotional understanding of religious stories. Giotto’s depiction of the Nativity in the Arena Chapel shows the Virgin tenderly placing the swaddled child in his crib, while some angels gesticulate above the stable to the two shepherds standing at the right and others appear to look up towards heaven.
Another extremely important text for the Nativity narrative was the Revelations of Saint Bridget of Swede. Saint Bridget, or Birgitta, a Swedish noblewoman, died in 1373, and, due to the proliferation of accounts of her visions, her fame and iconography started shortly after her death. While on pilgrimage to the Holy Land, Birgitta experienced visions of the Virgin and Christ. Her vision of the Birth of Christ was, along with the account in the Meditationes Vitae Christi, of enormous influence in depictions of the Nativity. She described how the Virgin gave birth, and then, clad in a white dress, with her long hair flowing, knelt to adore him, as he lay naked on the ground before her, glowing with supernatural light. At the moment of his birth, a candle, lit by Saint Joseph, went out, such was the radiance of the child. The numerous adoration of the child scenes in fifteenth-century art owe a great deal to St. Birgitta’s visions. Some early late fourteenth and fifteenth-century depictions, such as this panel the Museo Nazionale of Pisa show Birgitta herself as a witness to the scene.
Birgitta herself is depicted kneeling at the left, veiled and wimpled as befitted her status as a widow and founder of a religious order. The Virgin, as described in the vision, is kneeling on the bare ground and wearing a white dress, the naked child lies, vulnerably, beside her.
Tags: art history
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Arrowhead Stadium Tickets
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Arrowhead Stadium is a multi-purpose stadium located in Kansas City, Missouri.
Arrowhead Stadium primarily serves as the home venue of the Kansas City Chiefs of the National Football League (NFL). Arrowhead has a seating capacity of 76,416 and is the largest sports facility by capacity in the state of Missouri.
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The Oscar Map #2: “Lady Bird” Comes On Strong, But “The Post” Is Still the Movie to Beat Thanks to Meryl Streep
By Jeff Sneider on November 7, 2017 2 - FILM NEWS, 5 - AWARDS & FESTIVALS NEWS, Awards, Jeff Sneider, Oscars
It has been two and a half months since our last Oscar Map, and it’s CRAZY how different things are — not just within the awards landscape, but Hollywood itself.
For example, one of the burning questions I asked in August was, “does the Weinstein Company have a legitimate contender on its hands with The Current War?” Well, not only does it turn out that The Current War will open in 2018, but the Weinstein Company likely won’t even be called that by the time it hits theaters, if they even release it at all!
The Current War isn’t the only awards season casualty in the wake of Hollywood’s ongoing crisis. You can cross Wind River off the list of Best Picture contenders, even though the Weinstein Company’s name has already been stripped from the film. While we’re at it, pour one out for Ridley Scott’s All the Money in the World, which seems unlikely to recover from the Kevin Spacey scandal. Sony already pulled the film from AFI Fest, and even though the studio insists it will still open wide in December, I wouldn’t be surprised to see it move to next summer. It just doesn’t strike me as an appropriate holiday release anymore.
Other questions asked and answered: It turns out Matt Damon had nothing up his sleeves between Suburbicon and Downsizing, and the same goes for Woody Allen with Wonder Wheel, which has drawn praise for Kate Winslet’s performance and little more. While Miles Teller was good in both Only the Brave and Thank You for Your Service, he will not be the Dark Horse no one saw coming this year. Yes, mother! filmmaker Darren Aronofsky has lost his mind; yes, The Disaster Artist‘s James Franco is a genius; and yes, Guillermo del Toro delivered his best English-language film with The Shape of Water. And finally, yes, Netflix could crack the Best Picture field with Mudbound, but the streaming service is facing an uphill battle there.
For the rest of my take on awards season, including a close look at the Big Six categories, keep reading. You might just learn a thing or two, and if you don’t then maybe I’ll change your mind about something, or force you to look at a film or an actor in a different way.
1. The Post (20th Century Fox)
2. Dunkirk (Warner Bros.) (↑)
3. Call Me by Your Name (Sony Pictures Classics) (↑)
4. Three Billboards Outside Ebbing, Missouri (Fox Searchlight) (NEW)
5. The Shape of Water (Fox Searchlight) (NEW)
6. Lady Bird (A24) (NEW)
7. The Big Sick (Amazon Studios/Roadside) (↓)
8. Get Out (Universal) (NEW)
9. The Florida Project (A24)
10. Star Wars: The Last Jedi (Disney)
The Alternates:
Darkest Hour or Mudbound
The Dark Horse:
Off the Map:
The Greatest Showman and All the Money In the World
Analysis: So… I don’t think it’s a particularly strong year for the Best Picture race, but at least it’s going to be an exciting one, since there’s no runaway frontrunner at this point. That said, The Post seems like the film to beat on paper right now, sight unseen, given the talent both in front of (Meryl Streep & Tom Hanks) and behind (Steven Spielberg) the camera. Leave it to a movie about the Pentagon Papers to feel timely thanks to the current wave of suppression of the press, from Donald Trump’s general attitude towards reporters, to Harvey Weinstein hiring Mossad agents to spy on journalists, to Disney banning the Los Angeles Times from screenings because of negative coverage.
There are two films that I think represent its best competition — Greta Gerwig’s Lady Bird and Luca Guadagnino’s Call Me by Your Name. I’d have no problem predicting CMBYN for a win if Moonlight hadn’t just won last year, which I’ll admit, is a really lazy, unfair line of thinking. In my humble opinion, CMBYN is leaps and bounds better than Moonlight, and it’s not like I thought Crash wouldn’t win Best Picture just because another Paul Haggis-scripted film (Million Dollar Baby) had won the year before. Besides, Spotlight won the year before Moonlight, and doesn’t that share a lot of the same themes with The Post? Well, yes, it does. So why don’t I have CMBYN in the #1 slot? I’m not sure. Maybe because it’s more of a celebration of gay romance than a tragedy (a la Brokeback Mountain), and we all know how much Oscar loves its tragedies. I also have to wonder if the press will seize upon the fact that the film’s lead character, Elio (Timothée Chalamet) is only 17 years old when he’s sleeps with a visiting grad student, played by Armie Hammer. To me, theirs is a beautiful romance, but I can see the film’s naysayers, despite its Italian setting, screaming “pedophilia” given the atmosphere permeating Hollywood these days.
As for Lady Bird, I really like and respect the film, but it felt like a fairly standard coming-of-age movie to me, driven by a strong script and solid performances. My female friends argue that Lady Bird really speaks to women, so naturally I don’t love it as much as them, but I don’t know about that. My gender has no bearing on whether I can fully appreciate a movie made by and starring women, I just really don’t think this one did anything particularly daring or original. I applaud the effort, and credit the film for showing us a different side of Saoirse Ronan, plus I think it signals big things ahead for Gerwig, I just personally don’t think it merits more than nominations for original screenplay and supporting actress (Laurie Metcalf).
As for the rest of the field, I’ve come around on Get Out. I never would’ve guessed this after seeing it in February (and again in August), but this one seems like a pretty safe bet for a Best Picture nomination, as other “prestige” titles have fallen by the wayside one after another. And yes, I still think Star Wars: The Last Jedi could crack the field if it’s any good, but I said the same thing about The Force Awakens and Rogue One, and look what happened (or didn’t).
Elsewhere, I saw Darkest Hour, and I thought the first half was pretty boring. It just felt like a history lesson. Even the speeches didn’t really land for me, but maybe that’s because I’m an American. It just seemed like the kind of film that will play with the BAFTA crowd, but won’t necessarily fly with The New Academy, which is much younger and more diverse than in years past. The only time Darkest Hour really came alive for me was when Gary Oldman’s Winston Churchill (more on him later) met average citizens on the subway. That was a great scene, but beyond that, it felt like the British Lincoln.
Mudbound is right on the border for me. I thought it was really well made, from the script to the cinematography, and I liked a lot of the performances, but I didn’t cry, and I was expecting to cry at a movie about racism in the South. If Focus or Fox Searchlight were behind this movie, I might think it stands a better chance, but I’m not sure the industry is ready to give Netflix the benefit of the doubt right now. I think it’s the best “original movie” released by the streaming service yet, but is it undeniably good enough to crack The 10 (and realistically, The 8 or 9)? No, I don’t think so. But we’ll see if the Netflix PR machine is able to change my mind. After all, The Post and The Last Jedi could still come up short… though Paul Thomas Anderson’s Phantom Thread could just as easily surprise.
Two movies I feel safe writing off (at least as far as the Best Picture race is concerned, anyway) are The Greatest Showman and All the Money in the World. In the latter case, the Kevin Spacey scandal has all but torpedoed its Oscar chances (goodbye AFI Fest!), which sucks, and isn’t fair to the hundreds if not thousands of other people who worked on the film. But put yourself in the shoes of an Oscar voter. Are you going to check that box? Spacey is only going to make it that much harder. I think Ridley Scott can manage a nomination if his film really delivers, but in a crowded Best Actress field, I don’t think this helps Michelle Williams one iota. Especially if she hides from the awards circuit for fear of being asked questions about working with Spacey. As for The Greatest Showman, I’m just not hearing any Oscar buzz on that one, and fear it may be more of a commercial play that could secure a Golden Globe nomination for Best Picture – Comedy/Musical.
I’d still love for The Disaster Artist to sneak in, if only for the irony, but that may be wishful thinking on my part at this point. I’ll also be rooting for the bold biopic I, Tonya, which is like Goodfellas, but set in the world of figure skating.
1. Christopher Nolan, Dunkirk
2. Steven Spielberg, The Post
3. Guillermo del Toro, The Shape of Water
4. Luca Guadagnino, Call Me by Your Name
5. Rian Johnson, Star Wars: The Last Jedi
The Alternates: Greta Gerwig (Lady Bird) or Jordan Peele (Get Out)
The Dark Horses: Sean Baker (The Florida Project) and Patty Jenkins (Wonder Woman)
Off the Map: Joe Wright (Darkest Hour) and Woody Allen (Wonder Wheel)
Analysis: After doing a big interview at Toronto, Christopher Nolan is doing the same thing at AFI Fest. Translation? He wants this Oscar, and he wants it bad. He’s willing to glad-hand and chat with anyone who will listen right now, and frankly, I think it’s going to pay off. I think Nolan is poised to walk away with not just his first directing nomination, but his first Oscar statue, full-stop. The only person standing in his way is Steven Spielberg, who of course, did the whole war movie thing way better with Saving Private Ryan nearly 20 years ago. Forgive me, Dunkirk isn’t a war movie, it’s a survival film. My bad! Either way, if Spielberg channels his inner Old Master and delivers a classic journalism drama, the industry will be hard-pressed not to reward him again. After all, while Dunkirk was a stunning technical achievement, it only half-works as a human drama, as the emotion wasn’t there for me — which has always been the knock on Nolan, however lazy it might be. Guillermo del Toro seems like a safe bet for The Shape of Water, which is by far the best thing he has done in many years, but the film had enough niggling problems regarding its Cold War spy scenes that I don’t think it’s quite good enough to win him The Big One.
The last two slots could go a number of ways, especially since the Directors Branch is so unpredictable. Greta Gerwig and Patty Jenkins seem to have an edge on Kathryn Bigelow and Dee Rees right now, and I’d love to see one (or two) of them score nominations, but it may be tough to overlook the job Luca Guadagnino did on Call Me by Your Name, which is such a beautiful, lyrical work. I can see Rian Johnson battling Jordan Peele for that 5-slot, but given that Get Out is Peele’s first film, I think he’ll have many more opportunities in the future.
As far as Woody Allen goes, this just isn’t the right climate for Hollywood to shower him with nominations, and besides, I’ve heard Wonder Wheel isn’t very good with the exception of Kate Winslet, who always brings it. Meanwhile, Joe Wright’s work on Darkest Hour might’ve been enough to merit an Oscar nomination five years ago, but his film feels too old-fashioned for what I imagine the New Academy’s taste will be. I wouldn’t bet on him beating out filmmakers like Peele, Jenkins or Gerwig.
1. Gary Oldman, Darkest Hour
2. Daniel Day-Lewis, Phantom Thread
3. Jake Gyllenhaal, Stronger
4. Denzel Washington, Roman J. Israel, Esq.
5. Timothée Chalamet, Call Me by Your Name
The Alternates: Hugh Jackman (The
Greatest Showman) or Christian Bale (Hostiles)
The Dark Horses: James Franco (The Disaster Artist) and Kumail Nanjiani (The Big Sick)
Off the Map: Andrew Garfield (Breathe) and Chadwick Boseman (Marshall)
Analysis: Listen, Gary Oldman is certainly good (and unrecognizable) as Winston Churchill in Darkest Hour, but I don’t think this race is nearly as decided as other pundits would suggest. I feel like the performance is the make-up. I remember a lot of smoking and screaming, but… he just didn’t blow me away. In my eyes, Jake Gyllenhaal gave another devastating performance in Stronger as Boston Marathon survivor Jeff Bauman, but unfortunately, the film came and went. I may be biased, but Stronger is the best movie I’ve seen all year, and yet I’ve heard some of the filmmakers were very disappointed in Lionsgate, which never really got behind the film or gave it much support. Now, the same thing pretty much happened with Breathe (Bleecker Street) and Marshall (Open Road), but I think Gyllenhaal’s work is so good that he cannot be denied, unlike Andrew Garfield and Chadwick Boseman. Those performances have their defenders, but not enough of them.
The 4/5-slots are tougher to call, mainly because this seems to be a relatively weak year for Best Actor, especially with Tom Hanks tipped to campaign in the supporting category. Timothée Chalamet is terrific in Call Me by Your Name, but I’m not sure he seals a nomination until that final close-up shot as the camera lingers on his face and we see the pain in his eyes. If he gets in, I think it’ll be because of those last few minutes alone. In fact, if anyone above is vulnerable, it’s Denzel Washington, whose quirky character Roman J. Israel, Esq. is stuck in a mediocre movie bearing his name. Roman is an interesting creation and Denzel fully inhabits the character, but if he gets in (and I think he will), he should consider himself lucky it’s a weak year. We’ll have to wait and see if Hugh Jackman delivers the performance of his career (all apologies to Les Misérables) as P.T. Barnum in The Greatest Showman.
Otherwise, keep your eye on James Franco’s out-there turn as Tommy Wiseau in The Disaster Artist, which could catch on in Hollywood circles, and Kumail Nanjiani, who really proved he’s a star-in-the-making with his turn in The Big Sick, though the industry is perhaps more likely to recognize him for co-writing the screenplay with his wife, Emily V. Gordon. You can never count out Christian Bale either, but Hostiles is a tough sit and it’s hard to like Bale’s character, who’s miles from the lovable real-life people he played in The Fighter and American Hustle.
1. Meryl Streep, The Post
2. Frances McDormand, Three Billboards Outside Ebbing, Missouri
3. Sally Hawkins, The Shape of Water
4. Judi Dench, Victoria and Abdul
5. Margot Robbie, I, Tonya
The Alternates: Saoirse Ronan (Lady Bird), Jessica Chastain (Molly’s Game) or Kate Winslet (Wonder Wheel)
The Dark Horses: Diane Kruger (In the Fade) and Vicky Krieps (Phantom Thread)
Off the Map: Michelle Williams (All the Money in the World) and Emma Stone (Battle of the Sexes)
Analysis: Just as I wrote that it’s a relatively weak year for Best Actor, it’s a super-duper strong year for Best Actress. Again, I think there are three locks — Streep, McDormand and Hawkins. Of the Next Gen possibilities, I give the edge to Margot Robbie over Saoirse Ronan and Jessica Chastain. Her movie, I, Tonya, made not be as Oscar-friendly as Lady Bird and Molly’s Game, but Robbie is ferocious as the disgraced figure skater. It’s an outrageous performance that makes you sit up and stare in awe, and I think voters will be hard-pressed to ignore it come nomination time.
And sure, international stars Diane Kruger and Vicky Krieps could surprise and beat out Judi Dench for a nomination, but Victoria and Abdul has played well with older audiences, and you know how much the Academy adores her. Michelle Williams might’ve had a chance, given her own track record with Oscar voters, but unfortunately for her, All the Money in the World strikes me as dead in the water as far as awards are concerned. She can thank her co-star, Kevin Spacey, though I’m willing to bet they aren’t speaking much at the moment.
This is one race that is going to come down to the wire. Hawkins may have the highest degree of difficulty since her character is mute and she has to express herself through sign language, body language and her eyes, but Streep and McDormand find themselves going up against a group of powerful men, and that message may be hard to ignore this season.
1. Tom Hanks, The Post
2. Willem Dafoe, The Florida Project
3. Michael Stuhlbarg, Call Me by Your Name
4. Sam Rockwell, Three Billboards Outside Ebbing, Missouri
5. Richard Jenkins, The Shape of Water
The Alternates: Idris Elba (Molly’s Game) or Jason Mitchell (Mudbound)
The Dark Horses: Mark Rylance (Dunkirk), Armie Hammer (Call Me by Your Name) and the trio from Last Flag Flying
Off the Map: Kevin Spacey (All the Money in the World)
Analysis: This is probably going to be my favorite race this year, just because I love all of these performances save for Hanks, whose film hasn’t started screening yet. Willem Dafoe may very well give the performance of his career in The Florida Project, and yet, despite having only a fraction of the screen time, Michael Stuhlbarg positively dazzles in what may be the best single scene in any movie this year. His monologue at the end of CMBYN has reduced many to tears, and it’s bolstered by the fact that Stuhlbarg is really good in The Shape of Water, too. Speaking of which, my favorite performance in that film belongs to Richard Jenkins, who is absolutely wonderful as Sally Hawkins’ gay best friend. He gives that film its heart and soul, and I hope he isn’t overlooked this fall. Likewise, Sam Rockwell is always good on the big screen, but Three Billboards finally gives him a character he can really let loose with, and it pays off in spades.
As much as I liked guys like Idris Elba, Jason Mitchell, Armie Hammer and the three stars of Last Flag Flying (who’s the lead, if there is one?), I think this is going to be the final field. I had Kevin Spacey duking it out with Jenkins for the 5-slot, but obviously we don’t have to worry about that now. He’s done, as he should be.
1. Laurie Metcalf, Lady Bird
2. Allison Janney, I, Tonya
3. Melissa Leo, Novitiate
4. Holly Hunter, The Big Sick
5. Carrie Fisher, Star Wars: The Last Jedi
The Alternates: Mary J. Blige (Mudbound) or Octavia Spencer (The Shape of Water)
The Dark Horse: Tiffany Haddish (Girls Trip), Bria Vinaite (The Florida Project) and Keala Settle (The Greatest Showman)
Off the Map: Julianne Moore (Wonderstruck) and Kristin Scott Thomas (Darkest Hour)
Analysis: So this feels like a two-horse race to me… Metcalf vs. Janney. I expect Lady Bird to get more traction than I, Tonya this awards season, but if it were up to me, I’d give the Oscar to Janney before the ceremony even starts. You simply can’t take her eyes off her as Tonya Harding’s abusive mother, LaVona. Roseanne vet Metcalf plays a similar role in Lady Bird as the title character’s mother, but she’s much softer, and the stakes are a bit lower. Metcalf is an Actor’s Actor who has paid her dues and deserves the recognition — her casting is a stroke of genius on Gerwig’s part — but so is Janney, and her performance is just that much juicier.
Elsewhere, Holly Hunter seems like a safe bet as Zoe Kazan’s mother in The Big Sick, and in my mind, she’ll kind of be representing the whole ensemble. Beyond those three though, it’s hard to find worthy contenders. I didn’t see Novitiate, but have heard past Oscar winner Melissa Leo is great in it, and who am I to argue? As for Carrie Fisher, call it a hunch. I don’t even know how much screentime she has in The Last Jedi, but looking at the other contenders. I think she has a real chance.
I will say that if Melissa McCarthy can earn a nomination for Bridesmaids, then Tiffany Haddish has to be in the conversation for Girls Trip. When that movie started, she was sort of The Other Girl, but by the time she ended, she’s the one you left the theater talking about. It’s a star-making performance, and frankly, cannot be discounted.
Jeff Sneider | Editor in Chief
Claudia Theis on January 7, 2018 9:24 pm
Lady Bird was BORING! Why does anyone like it?
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Changing Things Up At The Chamber
New leaders in key positions are bringing fresh changes to the Traverse City Area Chamber of Commerce and parent organization TraverseCONNECT, including revamps of hallmark events and an expanded focus on economic development.
Chamber Executive Director Whitney Waara and Event & Program Coordinator Molly McCallister – both of whom joined the organization in 2018 – are reviewing “each and every” event the Chamber produces for possible upgrades or overhauls, according to Waara. That includes the Economic Outlook Breakfast and Business Expo, both of which are among the Chamber’s largest events and will undergo significant revamps in 2019 when they return November 19 at Grand Traverse Resort & Spa.
The Economic Outlook Breakfast – intended to highlight speakers who forecast the upcoming year’s economic, political, and business environment – will shift from a breakfast to a lunch event this year. Fifth Third Bank Chief Investment Strategist Jeff Korzenik, who was the speaker at 2018’s sold-out event, will return to headline again in 2019. Moving the event to lunchtime will allow a more seamless transition for attendees into the Business Expo, which will also begin later in the day and have a shortened timespan.
The Expo showcases companies and their products from across the Grand Traverse Region. In previous years, the free event went from 9am to 4pm. This year, the Expo will take place after the Economic Outlook lunch and will be divided into two components: an early afternoon window that is exclusively business-to-business, allowing vendors uninterrupted time to network with one another, and then a late afternoon/early evening session that is open to the public. A detailed schedule and registration information will be released in July, Waara says.
“A big part of this is a shift to allow some people who can’t come out during the business day to participate (after work),” Waara says. “It’s also great for vendors, because they don’t have to be there for a full day. They can spend less time and get a bigger bang for their buck. The biggest change is the transition from having it all be one open time to a concentrated effort to have business-to-business time…almost every business needs to work with other businesses, whether as vendors or as their target market.”
The changes are the results of extensive surveying and “listening projects” undertaken by the Chamber this year, Waara says. Changes are also coming to the annual conference for the young professionals program, FUSE, and the annual Chamber Golf Outing in August, which will have “more offerings” this year, Waara says.
“We’re coming at it with fresh eyes, with Molly and I being new,” says Waara. “We’re looking at how we can enhance and adjust each event to make it fresh, new, exciting, and beneficial to the members.”
The Chamber is also launching a new Speaker Series in 2019. The Bully Pulpit will feature one major annual event focusing on “the people and policies that shape our state and region,” according to event documents. The first event will take place July 22 from 12pm-1:30pm at the Great Lakes Equestrian Festival’s VIP Club in Williamsburg. Emmy-winning journalist Tim Skubick, the longest-serving member of the state capitol press corps in Michigan history and host of the PBS weekly show Off the Record, will be the featured speaker. Chamber Government Relations Director Kent Wood says Skubick is an “engaging” presenter who has nearly 50 years of experience covering Michigan capitol news.
“Our goal is to get speakers in the policy arena or who have a statewide or national business focus with the idea of connecting some of the dots between big things happening nationally and statewide and what the impact means for northern Michigan,” Wood says. “I thought Tim would be really good kickstarter, because we have a divided government for the first time in eight years. He will not only have great insight into what’s happening now, but can also look historically at what this means.” Tickets for the event are $35 for Chamber members or $45 for non-members and include lunch, wine, networking, and two tickets to any 2019 Great Lakes Equestrian Festival event.
In addition to fresh twists on long-running events, TraverseCONNECT – parent organization of the Chamber – is also preparing to expand its economic development efforts. TraverseCONNECT is expected to launch a new regional economic development organization (EDO) in the coming months focused on aggressively pursuing job and business growth for the region under the leadership of new president and CEO Warren Call. Call, 39, was hired in March to take the reins from former CEO Doug Luciani and previously told The Ticker he envisions the new EDO doing for business growth in northern Michigan what Traverse City Tourism does for tourism growth.
Consulting firm Fourth Economy is working with the Grand Traverse County Economic Development Corporation – which has representatives from both the public and private sector and was formerly chaired by Call – to identify the role of a new regional EDO and how it would be branded and structured if launched under the TraverseCONNECT umbrella. According to a timeline provided by Fourth Economy, the consulting firm will work with TraverseCONNECT staff and EDC steering committee members this summer with the goal of presenting a final set of recommendations for launching an EDO to the TraverseCONNECT and EDC boards this fall.
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300,000 evacuated in India as hurricane-strength Tropical Cyclone Vayu approaches
Six million people could be impacted by Tropical Cyclone Vayu, which is barreling towards northwest India and expected to make landfall in the next 24 hours.
Almost 300,000 people are set to be evacuated to 700 shelter homes, a spokesperson for India's Home Ministry said Wednesday. Schools and colleges in affected districts are closed until Friday, officials said.
With winds in excess of 120 kph (75 mph), Tropical Cyclone Vayu could become the strongest cyclone to strike northwestern India in decades. It comes one month after powerful Tropical Cyclone Fani slammed into India's northeastern coastline.
On Wednesday, Tropical Cyclone Vayu will pass about 200 kilometers (125 miles) west of Mumbai before making landfall in Gujarat state on India's western coast on Thursday.
Thirty-nine National Disaster Response Force teams -- each with about 45 people -- have been deployed to help local authorities with evacuation, search, rescue and relief operations. The army has 34 teams on stand-by.
Tropical Cyclone Vayu formed Monday and strengthened on Tuesday into a hurricane-strength tropical cyclone in the Arabian Sea. As of late Tuesday, the forecast from the Joint Typhoon Warning Center calls for a landfall intensity of 175 kilometers per hour (110 mph), which would make it equal to a borderline Category 2 to 3 hurricane in the Atlantic Ocean.
Strongest Cyclone in 20 years
Powerful tropical cyclones rarely make it this far north in the Arabian Sea, and Gujarat state has not had a hurricane-strength storm make landfall in 20 years.
If the forecast for Tropical Cyclone Vayu verifies, the storm would be the strongest to strike the region since 1998, when a tropical cyclone packing winds of 195 kph (120 mph) killed around 10,000 people.
With that storm in mind, India's military and government were deploying personnel from the National Disaster Response Force to the region on Tuesday.
Fisherman were being warned about the rough seas ahead of the storm's arrival along with coastal residents preparing for a storm surge of up to 2 meters, which could inundate parts of the low-lying coast of the Kutch district in Gujarat.
India's Meteorological Department is also warning of the potential for very heavy rainfall (over 200 millimeters or 8 inches) along with wind gusts over 135 kph along the Gujarat coast.
Second cyclone for India this year
This is the second major tropical cyclone threat of the year for India, which faced Fani in early May.
Fani, which struck near the city of Puri in Odisha state, had winds of 240 kilometers per hour (150 mph), making it equivalent to a Category 4 hurricane.
The storm killed several dozen people, mainly from fallen trees and collapsed walls, but the death toll was kept relatively low thanks to the evacuation of more than 1 million people in Odisha.
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Watch One Of Russia's Newest Ballistic Missile Subs Launch A Rare Four Missile Salvo
The dramatic test underscores Russia's renewed interest in a submarine-based nuclear deterrent as it increased underwater activity in general.
By Joseph TrevithickMay 24, 2018
Russian MoD
Russia has released video of the Borei-class ballistic missile submarine Yuri Dolgoruky rippling off four Bulava submarine-launched ballistic missiles during a recent training exercise. The impressive and very public demonstration of the boat’s capabilities comes as Russia is pushing with plans to significantly modernize its nuclear arsenal and as the country has stepped up its undersea activities to levels not seen since the Cold War.
Yuri Dolgorukiy fired the Bulavas, also known as the RSM-56 or SS-N-32, while submerged in the White Sea on May 22, 2018. According to the Russian Ministry of Defense, the missiles all successfully hit their designated targets at the Kura range on the Kamchatka Peninsula some 3,500 miles away in Russia’s Far East. This was the first time Borei-class sub had ever fired a salvo of missiles.
Russia's Northern Fleet Brings The Fireworks In This "Explosive" Year In Review VideoBy Joseph Trevithick Posted in The War Zone
Russia Fires Off Multiple ICBMs and Cruise Missiles During Massive Nuclear DrillBy Tyler Rogoway Posted in The War Zone
Here's The Six Super Weapons Putin Unveiled During Fiery AddressBy Joseph Trevithick Posted in The War Zone
Russia's Massive Arctic "Research" Submarine Will Be The World's Longest By Tyler Rogoway Posted in The War Zone
Fire At Russia's Vladivostok Submarine Base Sure Doesn't Look Like An "Exercise"By Tyler Rogoway Posted in The War Zone
At present, Russia has three Boreis, also known as Project 955s. Yuri Dolgorukiy is the only one assigned to the country’s Northern Fleet, with the other two boats being part of the Pacific Fleet. Each one can carry up to 16 Bulavas, each of which is a multiple independently targetable reentry vehicle (MIRV) design. The missiles carry six warheads and reportedly also have a large number of decoys to help penetrate through missile defenses.
The salvo test is an important milestone for both the Borei-class and the Bulava, both of which have suffered delays and other difficulties. Russian ship-builder Sevmash laid down the Yuri Dolgorukiy’s hull in 1996, but didn’t actually launch the boat for nearly a decade.
The Kremlin only commissioned her in 2013 when the Bulava, which also had a development program dating to the 1990s, finally entered service. Between 2004 and 2009, the missile suffered five failures in 11 tests, which led to a significant redesign of the weapon.
Even since officially becoming operational, at least one RSM-56 has failed and another one may have also malfunctioned. During a test in September 2016, Russian personnel used a command self-destruct feature to destroy another one of the missiles in mid-air as it was apparently flying off target.
The Borei program has continued to suffer its own continued troubles, as well. Between 2012 and 2016, Sevmash laid down another five boats with an improved design, known as the Project 955A or Borei-A, with structural improvements, further noise reduction features to reduce the likelihood of detection and improve its survivability, and updates to the crew’s living conditions.
So far, however, the shipyard has only launched one of these additional submarines and did so just recently in December 2017. The Kremlin hopes to have them all in service by 2020 and says it is buying another batch of six Borei-As, which will be operational in 2023.
The Project 955 Borei-class submarine Alexander Nevsky
That latter decision came after officials in Moscow scrapped plans for a further improved design, the Project 955B or Borei-B, after it reportedly proved to be too expensive and complex. These proposed ships would have included a quiet pump-jet propulsion system.
“After the analysis of proposals on building Borei-B nuclear-powered submarines, a decision was made to give them up as the project of building these subs does not meet the ‘cost/efficiency’ criterion,” an unnamed Russian defense industry source told state-run outlet TASS earlier in May 2018. “Instead, the final version of the state armament program through 2027 includes Borei-A submarines.”
As it stands now, Russia is hoping to eventually have a fleet of at least 14 Boreis. These will reportedly serve primarily as replacements for the aging Cold War-era Project 667 Delta III- and IV-class ballistic missile submarines that remain in service in both the Northern and Pacific Fleets.
With this in mind, the new Boreis are an important part of the Kremlin’s plans to reinvigorate the country’s strategic deterrent capabilities. There are already indications that Russia’s existing ballistic and cruise missile-armed submarine fleets have begun conducting more regular deterrent patrols. At the same time, in 2017, there is information that suggests Russia has significantly reduced those sorties in the Pacific.
“A total of 102 voyages by surface ships and submarines are scheduled for this year,” Russian President Vladimir Putin declared earlier in May 2018. “It is essential to enhance the naval component of the strategic nuclear force. This will increase the role of the Navy in nuclear deterrence,” he added.
The Russian Navy has stepped up submarine activity in general as part of the country’s increasingly aggressive foreign policy. For years now, both U.S. military and NATO alliance officials have publicly commented on the uptick in missions.
Russia pursued “an extraordinary investment path not mirrored by the West” with regards to submarines and made “technology leaps that are remarkable,” as well as improved professionalism and overall capabilities of its submariners, U.K. Royal Navy Vice-Admiral Clive Johnstone, head of NATO’s Allied Maritime Command, told Jane’s 360 in 2016. “I think none of that would worry us if we knew what the game plans were or we knew why they were deploying or what they are doing.”
One of the regions where this surge in naval sorties has been particularly pronounced is the Arctic, where Russia is dramatically expanding its military posture as a whole. In April 2018, the Russian Navy’s new Ilya Muromets icebreaker escorted Yuri Dolgorukiy through the ice in the White Sea, which is situated very close to the Arctic Circle.
The icebreaker Ilya Muromets.
The Russians “are deploying more [submarines] and they are deploying at a higher rate,” U.S. Army General Curtis Scaparrotti, head of U.S. European Command, told members of Congress more recently in March 2018. “The [Russian Navy] forces they are deploying are being modernized, particularly with their weapons systems.”
At present, NATO is looking to re-establish a dedicated Joint Force Command for the Atlantic and the U.S. Navy is working to reform its 2nd Fleet to better oversee operations in the northeastern end of that ocean. Both of these moves are linked to rising Russian naval activity, especially with regards to submarines.
"This is a dynamic response to the dynamic security environment," U.S. Navy Admiral John Richardson, the Chief of Naval Operations, said during a ceremony on May 4, 2018. "So as we’ve seen this great power competition emerge, the Atlantic Ocean is as dynamic a theater as any and particular the North Atlantic, so as we consider high-end naval warfare, fighting in the Atlantic, that will be the 2nd Fleet’s responsibility."
But as is always the case with Russian military modernization efforts, serious questions remain about the ability for Russia to actually pursue its plans with regards to the Boreis. Sevmash has not shown any capacity to churn out more than one of the submarines per year, at best. Prince Vladimir, the first Project 955A was originally supposed to enter service in 2017, a delivery schedule that first slipped to 2018 and is now set for some time in 2019.
Marina Lystseva/TASS
A Russian submarine under construction at Sevmash.
In addition, the Borei-As will be competing for funding with a host of other new and improved strategic weapon systems, including plans for nuclear-powered and nuclear-armed undersea drone, as the Kremlin’s defense spending appears to be contracting under the weight of international sanctions and the low price of oil. Russia has already halted work on one new ballistic missile specifically to shift resources to a nuclear-armed hypersonic boost-glide vehicle program. A lack of funding also killed plans to reboot its rail-mobile ballistic missile capability.
Without adequate resources, the Kremlin may have no option but to accept that the Boreis will arrive at a much slower pace than it desires. The total planned size of the fleet could shrink, too.
This is to say nothing of the costs to operate and maintain the submarines or train their crews. In January 2018, a fire broke out at Russia's submarine base in Vladivostok, which the Kremlin claimed was actually a training exercise.
Still, Yuri Dolgoruky’s has now further demonstrated that the Borei-class has the potential to offer a very real boost in capability for the Russian Navy. This might help ensure the program remains a priority over other more exotic strategic weapon developments.
Contact the author: jtrevithickpr@gmail.com
Russia's Northern Fleet Brings The Fireworks In This "Explosive" Year In Review Video
The short but intense montage shows off various ships and their missiles, guns, close-in protection systems, and more.
Russia Fires Off Multiple ICBMs and Cruise Missiles During Massive Nuclear Drill
This exercise was likely an "end-to-end" test of Russia's sprawling strategic weapons apparatus.
Here's The Six Super Weapons Putin Unveiled During Fiery Address
The Russian president said "you listen to us now" as he boasted about nuclear-powered cruise missile, hypersonic weapons, nuclear torpedoes, and more.
Russia's Massive Arctic "Research" Submarine Will Be The World's Longest
The highly modified Oscar II class nuclear guided missile sub will have a bunch of new tricks up her sleeve, and a very sensitive and challenging mission set to use them on.
Fire At Russia's Vladivostok Submarine Base Sure Doesn't Look Like An "Exercise"
Lighting your own sub on fire, or setting a fire right next to one, seems like a pretty stupid, if not unbelievable way to execute a drill.
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Report on Business Flood of Canadian trademark applications ahead of Monday’s changes could hurt legitimate brand owners, lawyers say
Flood of Canadian trademark applications ahead of Monday’s changes could hurt legitimate brand owners, lawyers say
Susan Krashinsky Robertson Media and Marketing reporter
Includes correction
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The company that filed the most trademark applications in Canada last year isn’t a household name. Brandster Branding Ltd. is a relative unknown. But it is one example of what intellectual property lawyers say is a concerning trend: a rush of applications that have been an unintended consequence of changes to Canada’s Trade-marks Act taking effect on Monday. Experts worry that opportunistic applicants spurred on by those changes are preventing legitimate brand owners from protecting their trademarks as the new rules take effect.
Lawyers call such applicants trademark “trolls.” It’s a problem because as long as an application is pending – even if it is not eventually approved to be registered – it blocks other companies from applying to register that mark. And the number of applications has been rising.
Among a number of changes – which also add new trademark protections in Canada for scents, tastes, colours and moving images, among other things – are two in particular that have led to the increase in applications.
First, the cost of “all-class” applications, which protect a mark across all 45 categories of goods and services. These used to be covered under a single filing fee, but as of Monday a separate fee will apply for each class, boosting those costs significantly. That has led to a rush of activity as applicants seek to file before the new prices take effect.
The second change is that Canada will no longer require proof of use in order to register a trademark (although such proof is required later). So people who may not actually use a brand have been applying – under the old, cheaper fees – possibly assuming that by the time they’d have to prove they use it, the rules would have changed.
The changes, designed to “align Canada’s trademark regime with international norms,” were first approved in 2014 and helped to bring Canada into a more unified international trademark registration system under the World Intellectual Property Organization.
Lawyers have noticed two types of dubious applications coming through: some for regular words found in the dictionary, and others for foreign brands owned by others that have a reputation elsewhere, but are not yet used in Canada.
A person or company cannot sue others for using their trademark until it is registered, unless they can prove a reputation exists for the brand; but even while applications are still in progress, they can block others from applying to protect those marks.
“It means that legitimate owners can’t proceed,” said Philip Lapin, a partner at the Ottawa-based law firm Smart & Biggar/Fetherstonhaugh.
Brandster is not the only applicant whose activities have raised eyebrows, but it is among the most active. The company, which lists a mailbox rental service in Vancouver as its office address, was the top trademark applicant in 2017-18, according to the Canadian Intellectual Property Office’s most recent annual report. Brandster filed 405 applications in that period, significantly more than the next-highest filers, Target Brands Inc. with 302 applications, L’Oréal Société Anonyme with 220, and Procter & Gamble Co. with 187.
In many cases, Brandster has applied for “word mark” protection on common words, including “tequila,” “screen” and “angle." It also has applied across all 45 possible classes of goods and services, covering everything from paints to firearms to TV programs and medical services.
A man listed as the sole director of Brandster in its incorporation documents did not respond to a request for comment.
Lawyers have been urging legitimate brand owners to apply for trademark protection ahead of Monday’s changes as well, to shore up their rights while it’s still cost-effective. The costs are significant. It costs $250 to file an application covering all 45 classes; under the new law, the price will be nearly $5,000.
But in some cases, those clients are finding that applications for related marks that have already been filed.
Lawyers pursuing applications for their clients have "faced a number of frustrating objections based on these all-class applications,” said Jennifer Ponton, a senior associate with the Toronto-based firm Borden Ladner Gervais LLP’s intellectual property group. That takes up time and money for clients. "[When] we get an objection from the trademarks office, we have to report that; we have to recommend a strategy to overcome it. Often it means filing a response to try to overcome the objection. That all costs money.”
The motivation for such filings is not entirely clear. However, there are concerns that some of these other applicants may try to ask for money from companies wanting to register marks that others are squatting on.
In a statement, the Canadian Intellectual Property Office said that the higher fees introduced on Monday are designed to “discourage overly broad trademark applications.” The Office also pointed out that anyone approved to register a mark must prove within three years that it is being used. It also said the new rules give businesses firmer rights to oppose a trademark registration on grounds of “bad faith.” That could include a situation where someone can prove they are using a trademark but only “for the purpose of extracting value from a business desiring to register or continuing to use its trademark (i.e. ‘trademark squatting’)."
Now that filing costs are rising, the influx of applications is likely to slow. But a backlog remains, and some may be in bad faith. Even when the Canadian Intellectual Property Office files an objection to an application, the applicant may file minimal responses and drag out the process.
“In the past this has gone on for a long time,” Mr. Lapin said. "... We’re trying to protect our clients’ rights, and marks are having applications cited against them. They cover everything, literally thousands of goods and services from nuclear reactors to chewing gum. All you can do is wait.”
Editor’s note: An earlier version of this story incorrectly stated that the law firm Smart & Biggar/Fetherstonhaugh was based in Toronto. In fact, it is based in Ottawa.
China approves 13 new Ivanka Trump trademarks in three months
Canadian corporate brand losing cachet in age of Trump Subscriber content
Blue Apron shares dip as Amazon files for meal-kit trademark
Follow Susan Krashinsky Robertson on Twitter @susinsky
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Travel A nerd’s dream voyage, lectures included
A nerd’s dream voyage, lectures included
Explore Santorini, an island in the southern Aegean Sea.
Barbara Ramsay Orr
Published November 2, 2012 Updated May 9, 2018
On my first afternoon on board the Aegean Odyssey, I fell into conversation with a gentleman with enormous eyebrows and a teasing smile. We were waiting for the first on-board lecture to begin, a talk entitled Sailing From Byzantium, to be delivered by Dr. Robin Cormack, a fellow of the Courtauld Institute of Art in London.
"I'm sure you will enjoy the talk," Mr. Eyebrows assured me. "He's a brilliant scholar. And I think you will enjoy the second lecturer just as much."
From the twinkle in his eye, I was not too surprised to learn that he was that second lecturer, Dr. Thomas Mannack, a Reader in Classical Iconography at Oxford.
When he told me he was an expert on ancient pots, I couldn't suppress an amused grin.
"You think it's funny, Barbara!" he said, in pretend offence. "But consider this: There is as much historic truth in a shard of pottery as in any literature."
The painted pots show life as it was lived, and they were hard to destroy. They were often placed in graves, and so were protected and survived. And even if they are found in shards, they can be reconstructed and so tell their story."
It emerged that he is The Man when it comes to old Greek pots, a universally acknowledged expert. And he was right. I did enjoy the talks.
Would everyone? I'm not sure.
This is a cruise for a particular type of traveller – a cruise for people who do not like cruising, at least, in the "big box" style that has dominated the industry of late. This is for fans of the small and intimate, for lovers of history and art, for devotees of beauty and architecture.
The Aegean Odyssey is a 350-passenger ship that conducts Voyages to Antiquity, cruises that explore historic ports of the Mediterranean and the Far East. It is well-equipped and comfortable, with everything travellers have come to expect: a pool, three restaurants, a small spa, and a bar that serves martinis and a good cappuccino. But the Odyssey boasts an added bonus: On board are some of the world's foremost authorities on the history of the areas visited.
I am convinced that this is an important developing niche for cruising, but also for any kind of travel. Today, we want to do more than look; we want to learn and grow and explore connections.
The cruise I took, from Istanbul to Athens, was called All These Begin With Greeks and wove its way through ports from Turkey to Crete and through the Greek islands to Athens.
The ports and the excursions were carefully selected, and each tour was lead by local guides who were well-trained and authoritative.
Maria, our guide for Nauplia and Athens was a perfect example. She was feisty, funny and informed. She was also devotedly Greek. When we toured the new Acropolis Museum she pointed out the caryatids, the supporting columns shaped like young women, one of which was taken away to England by Lord Elgin. "I visited the one that is in the British Museum," she told us. "I thought she was crying out of loneliness."
At Mycenae, as we walked through the Lion Gate, Europe's oldest monumental structure, she showed us the shaft graves from which Heinrich Schliemann excavated 19 graves, each body festooned with gold. "He thought he had found Troy. He wrote to his benefactor, after he unearthed the golden mask, 'I have kissed the lips of Agamemnon!' He was wrong, but he had made a momentous discovery."
Later, we saw the golden mask in all its glory in the National Archaeological Museum in Athens – no wonder he was thrilled.
In Pergamon, we saw the barren space on the side of a mountain where the Altar of Zeus originally stood. In Ephesus, we saw the famous library of Celsus and the beautiful Temple of Hadrian. Both lecturers came along on all of the tours and were happy to answer questions or expand on information.
In Santorini, Mannack convinced me I should eschew the souvenir shops and cafés of Fira and instead visit the Museum of Prehistoric Thera. "Just give it 10 minutes and then go and have coffee in a café," he said. Of course I spent the afternoon in this small jewel of a museum, and saw the frescos of Akrotiri, including one haunting mural famous for its early portrayal of a full frontal face on one blue monkey. Before this, faces were consistently presented in profile. It is awesome to be able to see a point in history where art took a new turn, where perception and depiction began to change.
But the trip was not stuck in the past. In Izmir we toured the bustling grand bazaar, tasting powdered squares of jewel-like Turkish delight and enjoying chilled pomegranate juice.
In Skiathos we went swimming at Koukounaries Beach, one of Greece's best, and visited the church where the wedding scene from Mamma Mia! was filmed. We sailed close to the lonely and hermit-like monasteries of Mount Athos, where only men are permitted and where Cormack has spent time studying the ancient manuscripts.
"Prince Charles comes to the island by helicopter for a week every year," he informed us.
We drank wine on the back deck and lingered in the lounge.
There was so much I enjoyed about this small-ship sailing that I did not miss photographers snapping my picture in the dining room each evening, as you often find on large cruise ships. Ditto the on-board shops with designer dresses, or the obligatory perfume store. (One discrete shop on the Odyssey stocks things like toothpaste or makeup, plus a small selection of luxury items.) I did not miss the baked Alaska parade at the closing dinner – and I certainly did not miss the magic acts offered as evening filler. The Odyssey does have a trio, a piano player and a singer, the lovely Babette, who perform in the small lounge.
On the Odyssey, dinner-table conversations are not about the odds in the casino or the sale in the jewellery store or the challenges of the rock-climbing wall – these things simply don't exist. Rather, people get to know each other, and the discussions are wide-ranging. But short lived. The itinerary is a busy one, with early morning starting times and long days filled with walking and climbing. By the time the sun sets over the Aegean, most of us are nodding in our chairs.
I also did not miss the towel sculptures on my bed, though the little chocolates on the pillow were nice.
Voyages to Antiquity conducts cruises to the Mediterranean and the Far East for travellers who want to explore the culture of the ancient world. Most shore excursions are included, as well as hotel stays, lecture programs, gratuities and beer and wine with meals.
A 17-day cruise to Burma and the Malay Peninsula, leaving Nov. 24, is $6,850 (U.S.) a person for a deluxe stateroom with balcony.
The company's fee includes round-trip airfare for any Grand Voyages, and discounted flights for other tours. voyagestoantiquity.com
The writer travelled courtesy of Voyages to Antiquity.
Forget Moscow and St. Petersburg and sail into the soul of Russia
I’m new to cruising: Should I book a river trip or a bigger ship?
Did the Costa Concordia tragedy change anything in the cruise industry?
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Politics Canada shut out of IS coalition meeting
Canada shut out of IS coalition meeting
Defence Minister Harjit Sajjan visited Canadian troops in Iraq on Sunday, Dec. 20.
FRED CHARTRAND/THE CANADIAN PRESS
Robert Fife Ottawa Bureau Chief
Canada has been excluded from a high-level meeting of "significant contributors" to the U.S.-led coalition called to discuss stepping up the fight to defeat Islamic State militants.
The meeting of defence ministers from the United States, Britain, Germany, France, Italy, Australia and the Netherlands is set for Wednesday in Paris.
Defence Minister Harjit Sajjan's office acknowledged he wasn't invited to Paris but denied Canada has lost its influence within the coalition.
"It has nothing to do with our CF-18s. It has nothing to do with our contribution," said Renée Filiatrault, Mr. Sajjan's director of communications. "[U.S. Defence Secretary Ashton] Carter has already requested a meeting of coalition partners that coincide with NATO on Feb. 11 and we're focused on that."
Canadian CF-18 fighter jets are still conducting bombing missions in Iraq and Syria, even as the new Liberal government decides how to honour Prime Minister Justin Trudeau's election pledge to end the combat mission.
Ms. Filiatrault said the minister has been engaged in regular conversations with his coalition counterparts about Canada's decision to pull out of the air war and how it can continue to make contributions to the fight against the Islamic State (previously known as ISIL).
However, Conservative defence critic James Bezan said the lack of invitation demonstrates that Canada has been snubbed by the major players who no longer see the country as a valuable ally.
"It is very unfortunate that Canada wasn't invited," Mr. Bezan said in an interview with The Globe and Mail. "Because we haven't been clear on what the next steps will be and we have only been clear that we are going to withdraw the CF-18s, so they see us as a nation in retreat."
Mr. Carter said the meeting of defence ministers involves the "six nations playing a significant role in both the ground and air components of the counter-ISIL campaign."
"Each of these nations has a significant stake in completing the destruction of this evil organization, and we must include all of the capabilities they can bring to the field," Mr. Carter said in a speech last week to the 101st Airborne Division at Fort Campbell, Ky.
A press release from the U.S. Defence Department described the Paris get-together as a meeting of "significant contributors" in the battle to defeat the Islamic State.
Meanwhile, the federal cabinet is reviewing a series of options presented by General Jonathan Vance, Chief of the Defence Staff, to bolster Canada's role in the coalition once the bombing mission ends. Military sources say the proposals include sending up to 150 special forces personnel to train Kurdish peshmerga fighters, having Canadian soldiers train Iraqi forces in nearby Jordan and maintaining surveillance and refuelling aircraft.
Canada has 69 special-forces troops training Kurdish soldiers and 600 air-force personnel in Kuwait, where six CF-18s are based along with two surveillance planes and one refuelling tanker.
France's Defence Minister Jean-Yves Le Drian told BFM TV that the meeting in Paris will focus on refining strategy and tactics to retake cities held by the Islamic State.
The Islamic State, which was ousted by Iraqi forces, backed by coalition air-power, from the western city of Ramadi last month, is being slowly pushed back in other areas.
The main targets now for co-ordinated air, ground and special operations are the city of Mosul in northern Iraq and the Islamic State's de facto capital of Raqqa in eastern Syria.
"That is going to be one of the most critical sets of operations that happens as part of this conflict and it is going to be significantly larger-scale operations," said David Perry, defence analyst with Canadian Global Affairs Institute. "What they are discussing and putting on the table, it's a significant change that Canada is not part of the conversation."
Mosul could prove to be tough to retake since Islamic State forces have had 18 months to entrench themselves in this city of two million people. They captured it in June, 2014, in a lightning offensive as Iraqi army troops fled in disarray.
"Reaching and retaking Mosul will not be easy, and it will not be quick," Mr. Carter said. "There will be many engagements in between."
Ottawa weighs options to boost role in coalition against Islamic State
Follow Robert Fife on Twitter @RobertFife
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Carl-Henning Pedersen
Radical Danish painter ambivalent about being called the 'Scandinavian Chagall'
Christopher Masters
Mon 12 Mar 2007 20.06 EDT
Twenty years ago Carl-Henning Pedersen, the radical Danish painter who has died aged 93, surprised his compatriots with something apparently quite out of character. A former communist and member of the avant-garde CoBrA group - famous for his expressionistic art of childlike distortion and lurid colour - Pedersen worked in the 1980s on a project that was altogether more conventional. He decorated a church.
But even then he could not avoid controversy: "I had painted it as a celebration of life. And then this clergyman said that I was a pagan ... And if he had known ... he'd have done what he could to prevent it."
It is fortunate that the disapproving cleric did not manage to thwart Pedersen, since the murals, painted glass and mosaics that he completed at Ribe Cathedral in 1987 are some of the most remarkable religious images of the 20th century.
Vividly coloured, with wide-eyed, floating figures, they tell familiar Biblical stories - the Flood, the Dream of Jacob, the Ascension of Elijah - but with a freshness that inevitably shocked the more conservative churchgoers.
As Pedersen put it, his paintings belong not to religion but to "the world of fairy tales". Indeed, despite the greater liberties that he took with human anatomy, Pedersen became known as the "Scandinavian Chagall", a title that he accepted, though with some ambivalence.
His own early life was less than a fairy tale. Born in Copenhagen, he was brought up in the slums off Vigerslev Alle, which he was never able to idealise: "No Chagall violin players or any other romantic figures have ever floated above them."
Indeed, Pedersen's youth was dominated not by art, but radical politics, until in 1933 he met Else Alfelt, a self-taught painter, at the progressive International Folk high school in Elsinore. Else, whom he married in the following year, encouraged him to paint, and in 1936 he made his debut at the Artists' Autumn Exhibition in Copenhagen.
Unfortunately, Pedersen's modernist style was incompatible with the socialist realism supported by his communist comrades. He even had a row about it with Bertolt Brecht (in exile from Nazi Germany), who was so annoyed that he sent Pedersen away without giving him lunch. The insult rankled decades later.
Released from his political responsibilities, Pedersen concentrated on developing an almost abstract language of flat, coloured planes and thick dark lines, exemplified by Bird Which Eats in 1939. Fascinated both by cubism and the work of Paul Klee, he made his first visit to Paris a few months before the outbreak of war, stopping on the way back in Frankfurt, where he visited the infamous Nazi exhibition of modern "entartete Kunst" (degenerate art). His conclusions were not those intended by the organisers.
Even during the German occupation of Denmark, Pedersen threw himself into his art, joining the group Harvest, for whose periodical, Helhesten, he wrote an influential article on medieval Danish murals. After the war this interest in pre-Renaissance and folk painting played an important role in the development of CoBrA, the organisation named in 1948 after its three centres, Copenhagen, Brussels and Amsterdam.
Although not as celebrated as his compatriot Asger Jorn or the Dutchman Karel Appel, Pedersen made a significant impression with his mythical interweaving of cosmic imagery and dreamlike creatures. In Horses By the Star (1949) the beasts browse by a sun blazing at their feet, while The Sun Man (1952) wildly stares beneath violent purple rays. Above all, Pedersen's painting was dominated by otherworldly "godlike" birds, archetypes whose symbolism always remained unexplained.
Despite the break-up of CoBrA in 1951, Pedersen's career continued to flourish. Prizes and major exhibitions included a retrospective at the Carnegie institute in Pittsburgh in 1961, and an appearance as Denmark's representative at the Venice Biennale in the following year. He also travelled extensively in the Indian sub-continent and south-east Asia, evolving the personal philosophy that shines through his most lyrical work.
Most importantly, Pedersen embarked on the monumental schemes which culminated 25 years later in the decorations at Ribe Cathedral. In 1959 he began Cosmic Sea, a mosaic for the Institute of Physics at Copenhagen University, followed in 1966 by The Play of Fantasy around the Wheel of Life, a 200-metre crescent wall, decorated with ceramic tiles, in the grounds of a museum in the city of Herning.
It was at Herning that a new museum, named after Pedersen and Else, was opened in 1976, two years after Else's death. Notoriously unwilling to sell his art, Pedersen endowed the collection with a large number of his own paintings, to which in 1982 he added a magnificent mosaic of The Creation.
By this time Pedersen was based in Burgundy, although most of his commissions were still in Denmark. As well as working at Ribe, in 1983 he translated his vocabulary of luminous, swirling forms to painted glass for The Light of Liberty, a window in the Museum of the Danish Resistance in Copenhagen.
Pedersen remained a vital, prolific artist for most of the last two decades. Often resting his canvas on the floor, applying dynamic, flowing strokes with a prodigiously long brush, he expressed his poetic, at times metaphysical, themes with all the energy of an American action painter.
As well as using oil, tempera and watercolour, Pedersen also produced some striking bronze sculptures: their subjects - The Visionary (1998) or Guardian of the Sea (1999) - recall many of his pictures, while their spiky, punctured forms look more like creatures washed up on a beach.
Just two weeks before he died, Pedersen's achievements were celebrated by a ceremony at the national Museum of Fine Art in Copenhagen, when 40 of his works were given to the Danish state. Sadly, the artist himself was too unwell to attend.
He is survived by his second wife, Sidsel Ramson.
· Carl-Henning Pedersen, artist, born September 23 1913; died February 20 2007
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The Scotland blog
Union Terrace Gardens: 'Aberdeen saved from certain financial embarrassment'
Last week's narrow defeat for the City Gardens scheme left Aberdeen bitterly divided but protest leader Mike Shepherd argues the city needs to heal the divisions and regenerate its historic Victorian gardens
Mon 27 Aug 2012 17.46 EDT First published on Mon 27 Aug 2012 17.46 EDT
The Aberdeen City Garden project: 'something very special has survived for the enjoyment of future generations'
Last Wednesday, Aberdeen council rejected the City Garden project, the controversial plan to replace a Victorian park in the centre of Aberdeen with a modern park and buildings. The existing park, Union Terrace Gardens, had been designed by the architects who also built many of the granite buildings for which Aberdeen is famous.
The project had been controversial from the start. It had been proposed by local oil tycoon Sir Ian Wood, who had promised to invest £50 million in the scheme providing his strict conditions for the basic design of the new park was met. He had also asked for £70 million of public money to part-fund his project.
The City Garden proposal effectively put an end to existing plans to build an art centre in the park even though it had only been given planning permission months before. Sir Ian Wood's project thus not only enraged the local arts community but also upset the heritage lobby who saw an important city centre landmark obliterated by the plans.
The controversy was further inflamed when the Scottish government funded a public consultation that resulted in the rejection of the City Gardens. Over fifty local businessmen wrote to Aberdeen council persuading them to ignore the result, which they did. The outrage that followed culminated in a series of demonstrations outside the council buildings and the formation of a campaign group "The Friends of Union Terrace Gardens".
After the consultation vote was rejected, there ensued three years of wrangling, demonstrations and a determination to trip up the progress of the scheme through the council by impeding the procedural mechanism at every turn.
The council organised a second vote in an attempt to try and move things along. The referendum resulted this time in a narrow victory for the City Gardens. However, this failed to calm the issue. The rules of the referendum limited campaign groups to £8,000 spending. Unconstrained by these rules, the city's businessmen spent a very large sum of money on a PR blitz of radio adverts and glossy campaign literature in what proved to be a very one-sided campaign.
A sting in the tail ensued. The local council elections were held one month later. The Labour group had campaigned on a promise to stop the project. Massive tactical voting gave Labour the largest number of seats, enough to form a coalition with the independents and conservatives.
After last Wednesday's vote, the City Gardens is almost certainly dead. Sir Ian Wood has informed the chief executive of the council that he has withdrawn his offer of £50 million funding. This has almost certainly saved Aberdeen council from financial embarrassment. The business case for council borrowing was very poor, there was a shortfall of £15 million of promised private investment and there wasn't even any detailed final costings provided for the project.
The focus now lands on what will happen next for the city. The campaign in favour of the City Gardens had focused on its economic benefits. The proposed modern park, it was said, would make Aberdeen city centre a more attractive place. It was claimed that this would have had the benefit of attracting energy professionals here that would otherwise have been persuaded to move to oil cities such as Dubai or Kuala Lumpur.
I find this argument unconvincing. Many oil professionals stay in Aberdeen long term. There used to be a saying amongst oil company managers:
You can't get the beggars to come up here, and once you do, you can't get them out again.
I'm the chairman of the Friends of Union Terrace Gardens campaign group, but I'm also an oilman myself with over thirty years industry experience. I find it bizarre that discussions about anchoring energy companies in Aberdeen have revolved about the attractiveness of a city centre park or otherwise.
In my opinion, the public money earmarked for the City Garden project would have been better used to fund an energy research centre in the city, both to find ways to improve recovery from oil fields and in managing a transition from oil to a local industry based on renewable energy. It is astonishing that there is no major energy research facility in Aberdeen given the vast amount of money that North Sea oil contributes to the exchequer.
There is much bridge building to be done given the anger raging in the city at the moment. What we hope to do now as a campaign group is to offer to work with the council, raising money, applying for various heritage grants and generally running events in the newly saved Union Terrace Gardens. A similar model exists in Aberdeen, the Friends of Duthie Park have raised millions for the restoration of another Victorian park in the south of the city.
Union Terrace Gardens has survived for the enjoyment of future generations. Also saved is something very special. There are seven ancient elm trees in the gardens. These are amongst the last surviving mature elm trees in northern Europe; the ravages of Dutch Elm disease largely bypassed Aberdeen.
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Einstein's 'God letter' fetches $2.9m
null | 5 Dec 2018 11:25 AM GMT
A handwritten letter by Albert Einstein in which he grapples with the concept of religion has sold for nearly 29 million smashing predictions
New York: A handwritten letter by Albert Einstein in which he grapples with the concept of religion has sold for nearly $2.9 million smashing predictions.
Written in 1954, the so-called "God letter" was expected to fetch $1.5 million at Christie's Rockefeller Center auction here.
The Nobel Prize-winning scientist, then 74, wrote the one-and-a-half page note to German philosopher Eric Gutkind in response to one of his works.
It is seen as a key statement in the debate between science and religion.
"This remarkably candid, private letter was written a year before Einstein's death and remains the most fully articulated expression of his religious and philosophical views," a statement from Christie's says.
It fetched almost double the auction house's predicted price of up to 1.5 million.
In the letter, written in his native German, Einstein takes issue with the belief in God.
"The word God is for me nothing but the expression and product of human weaknesses," he writes. "The Bible a collection of venerable but still rather primitive legends."
It continues: "No interpretation, no matter how subtle, can [for me] change anything about this."
The physicist also muses on his own Jewish identity, writing that it is "like all other religions, an incarnation of primitive superstition".
"The Jewish people to whom I gladly belong, and in whose mentality I feel profoundly anchored, still for me does not have any different kind of dignity from all other peoples," he writes.
It is not the first time Einstein's letters have been put up for auction.
In 2017, a note written to an Italian chemistry student who had refused to meet him sold for $6,100.
It was sold alongside a number of other letters from Einstein, including a 1928 note that went for $103,000, in which he set out his thoughts for his third stage of the theory of relativity.
In 2017 again, a note in which he gave advice on happy living sold for $1.56 million in Jerusalem. Composed of a single sentence, it reads: "A calm and humble life will bring more happiness than the pursuit of success and the constant restlessness that comes with it."
God letter
fetches
Christies Rockefeller Center
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Foreign lenders fuel debate in Congress
By TOM RAUM Associated Press
WASHINGTON - Despite what you may have heard, China isn't the country's biggest creditor. America is.
The bulk of the national debt - soon to exceed a staggering $17 trillion - is held by the Federal Reserve, Social Security system, various pension plans for civil service workers and military personnel, U.S. banks, mutual funds, private pension plans, insurance companies and individual domestic investors.
China is responsible for just a shade over 7 percent of the total debt. And while it remains the single largest foreign lender (just ahead of Japan), China's been slowly trimming its holdings, down from nearly 10 percent a few years ago. Overall, all foreign investors - including national central banks - account for roughly one third of the total outstanding federal government debt.
Also, China is suddenly having debt problems of its own. Heavy recent lending by its banks comes as the recovery in the world's second-largest economy seems to be stalling. The export giant posted a rare trade deficit in March.
The national debt soon will be front-and-center again as a deeply divided Congress wrestles with an expected new Obama administration request to increase the government's borrowing authority, the legislatively set debt ceiling. The higher limit would not authorize borrowing for new spending but just enables the government to pay all the bills already racked up.
The upcoming summer debate could be a repeat of the divisive debt-ceiling crisis in August 2011 when weeks of political irresolution nearly plunged the U.S. into its first-ever financial default - and did trigger a downgrade in the government's once-sterling credit rating.
Congressional leaders already are drawing lines in the sand for the next big fiscal fight. House Speaker John Boehner, R-Ohio, has said the only way the GOP-led House will go along with raising the country's borrowing ceiling was if President Barack Obama and the Democrats came up with a "dollar-for-dollar" amount in budget cuts.
Yet despite China's relatively shrinking share of the U.S. debt, it continues to be the top poster child for financing America's deficit spending habit, a favorite target for politicians in both parties.
It's not as if U.S. leaders approach China's bankers extending a tin cup and begging for loans. The Chinese government does what many individual investors do - it simply buys and holds widely available U.S. Treasury bills, bonds and notes.
U.S. politicians see the mountain of debt, but investors globally view U.S. Treasury securities as among the world's safest financial havens, reflected in part by their current super-low yields.
Bill Clinton in 1992 branded China's leaders the "butchers of Beijing." Texas Gov. George W. Bush eight years later blasted outgoing President Clinton and Vice President Al Gore, Bush's Democratic challenger, for policies he suggested appeased Beijing.
Democratic Sen. Barack Obama, in turn, accused then-President Bush in 2008 of "taking out a credit card from the Bank of China in the name of our children." And GOP challenger Mitt Romney last year claimed that, as president, Obama "let China run all over us." Romney vowed to declare China a "currency manipulator on Day One" if elected.
More recently, Rep. Jeb Hensarling, R-Texas, chairman of the House Financial Services Committee, asserted on the House floor that Democrats "wish to tax us more, as they wish to borrow more money from China, money our kids will have to pay back."
And Democratic deficit hawk Erskine Bowles, co-chairman of a presidential deficit commission, tells audiences that "we'll have to borrow the money from China" to fulfill a treaty obligation to come to Taiwan's defense in the event of an invasion from mainland China.
"There's a huge misconception here. The guy on the street thinks that we're up to our ears in indebtedness to China. And it is a large absolute amount. But the public holds a lot more," said Nicholas R. Lardy, senior fellow at the Peterson Institute for International Economics. "And the politicians have not done anything to try to have a more reasonable conversation about this."
China holds just $1.22 trillion in U.S. Treasury bonds and bills, or 7.3 percent of the current $16.88 trillion total national debt, according to the Treasury Department's "Major Foreign Holders of Treasury Securities" for February, the most recent month available.
China also holds about $200 billion in long-term securities of U.S. agencies, including bonds of nationalized mortgage holders Fannie Mae and Freddie Mac, although it has been steadily trimming these holdings since 2008.
Social Security holds $2.7 trillion of the debt in its trust fund, in the form of special unmarketable Treasury bonds. The Federal Reserve holds a $1.7 trillion portfolio of Treasury notes and bonds, much of it accumulated over the past four years with its heavy purchase of U.S. securities to stimulate the economy and hold down interest rates.
Together, Social Security and the Fed are holding over 25 percent of the total debt.
"China is neither an enemy nor a friend, it's a rival for economic success and for global influence," said Bob Sutter, an international affairs professor at George Washington University. "Americans dislike the Chinese government and they want to compete. But they don't want to confront China, and so they want to get along."
Congress delayed a January confrontation by passing a measure that extended the borrowing cap until May 18. Through accounting maneuvers, the government likely could keep paying its bills for another month or two beyond that.
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15 Most Hipster Cities In The World
by Amanda Greenman
Most cities tend to feature some sort of cultural life, whether it’s a certain style of cuisine, unique history or a vibrant music scene. But some cities stand out as melting pots of alternative lifestyles, food trends, edgy design and cool behaviours that seem to be ahead of the curve of the rest of the world. Although it may be difficult to define just what, exactly, a hipster is, certain cities manage to convey a distinctly "hipster" flavour because they promote the arts and music, welcome residents who want to pursue more environmentally-conscious or alternative lifestyles, or attract people simply because they want to be a part of the larger hipster movement. These hipster cities can be found not just in the United States, but also all over the world.
15 Vancouver, Canada
Via: www.huffingtonpost.ca
Although Vancouver may seem like a businesslike city, it also hosts several hipster enclaves like Gastown, which is home to artists, independent shops and start-ups, as well as trendy restaurants and bars. Another of the city’s hipster hotspots is South Main, which features a lot of independent coffee shops.
14 Melbourne, Australia
Via: www.zararafferty.com
The neighbourhood of Fitzroy in the Australian city of Melbourne is home to a vibrant hipster culture. The local Fringe Festival is an organization that promotes local independent artists. The area also has ample gardens and parks and avant-garde fashion shops. As far as food is concerned, the area is home to many very trendy cafes that have organic, vegan and gluten free options, and the all-important perfect cup of coffee can be found in one of its trendy cafes.
13 New Orleans, Louisiana
This legendary and historic Southern city is one of the newer hipster enclaves. New Orleans has for many years featured a vibrant art and fashion scene. Of course, its music scene has also always been well-recognized - it’s the birthplace of jazz - but more recently, it has been tailored to the hipster culture by attracting indie and folk musicians. NOLA also offers unique and trendy cuisine at one of its many popular restaurants and cafes and drinks are plentiful at the city’s cool cocktail bars.
12 Stockholm, Sweden
Via: www.thegloss.com
Sweden is known for its hip music scene as well as its cutting-edge fashion and interior design. The neighbourhood of Sodermalm in Stolkholm (“SoFo”) is the centre of a lot of the country’s up-and-coming art and design. There are vintage boutiques alongside shops that carry cool modern Scandinavian fashions made by independent designers. Beyond fashion and interiors, the neighbourhood also has a lot of vibrant cafes featuring the latest food trends.
11 Montreal, Canada
Via: streetscout.me
Montreal’s relatively low cost of living compared to other Canadian and East Coast cities, combined with trendy apartments in picturesque old buildings and a unique art and fashion scene, have helped it become a hipster hotspot. Lots of markets in the summer and eclectic cuisine from all over the world ensure its place in the hearts of foodies. The city has many trendy bars, restaurants and coffee and tea shops, as well as venues that promote indie music.
10 Amsterdam, Netherlands
Via: bitterzoet.com
The up and coming Amsterdam Noord district in this densely populated Dutch city is filled with old industrial warehouses and shipyards that have been repurposed into offices and art studios for trendy start-ups and artists. Of course, Amsterdam is home to a vibrant arts and music scene with lots of trendy restaurants, music festivals and a huge flea market. The city also has very popular beer bars and locals and visitors can easily get around the city on foot or bike.
9 Austin, Texas
Via: www.irealtytimes.com
Austin features more historic architecture than other modern Texan cities like Dallas and Houston, making it a picturesque setting for artsy types. And its hipster reputation hasn’t exactly been hurt by the fact that Austin hosts the music festival South by Southwest, which has effectively made it a more hipster destination in recent years. Austin also features plenty of unique bars and restaurants as well as lots of popular food trucks.
8 Barcelona, Spain
Via: thebestfashionblog.com
Spain’s second largest city is well-known for its art. Locals travel by bike throughout the city, and many parks and streets provide pleasant strolls for locals and tourists alike. Beyond Gaudi’s famous architecture, Barcelona’s art scene has been attracting artsy types for decades and continues to appeal to local artists who set up their studios in the city. The city’s fashion scene and trendy cafes help round out Barcelona’s hip offerings.
7 Buenos Aires, Argentina
In recent years, Buenos Aires has been attracting the hip from all over the world to its trendy (and affordable) neighbourhoods, especially Palermo, which is filled with beautiful old homes and apartments that have been expertly restored and can be rented or purchased for reasonably low prices. Palermo is home to endless cool cafes, small corner grocery stores, and many independent artists and fashion and jewelry designers who set up trendy shops, co-ops and stalls in the neighbourhood’s weekly outdoor arts and fashion market. The area also is home to tons of bookstores and eclectic street art.
6 San Francisco, California
Via: sabotagetimes.com
It should come as no surprise that San Francisco, the longstanding capital of hippie culture, is also a hipster-friendly city. The city’s interest in being green and its large offering of restaurants that feature trendy foods and photo-perfect farmer’s markets help attract the environmental and health-conscious. Its legendary music scene also attracts many indie musicians.
5 Seattle, Washington
Via; www.hipsterwall.com
Traditionally known as being home to “grunge” movements and one of the centers of the tech geek world, Seattle has also evolved to include hipsters. It is, after all, a hotspot for coffee culture, bookstores, record shops and fresh seafood and produce. There are also plenty of breweries and trendy bars and restaurants.
4 London, England
Via: www.morebeans.com
London has food stalls, bookstores, art galleries and theatres galore. The Bankside neighbourhood, with its many parks and green spaces, is an especially popular spot for hipster culture. East London’s Shoreditch neighbourhood is another hipster enclave that is home to a lot of creative designers and media gurus. This neighbourhood is where trendy bars, cool boutique hotels, warehouse parties and nightlife can be found in abundance.
3 Portland, Oregon
Via: facebook
Perhaps one of the most well-known hipster cities - after all, Portland was the inspiration for the satire television comedy “Portlandia” which gently and lovingly pokes fun of the city’s every facet - Portland promotes its image as a green city. It is a green city even in the most literal sense, as it is located near many wilderness parks and offers its inhabitants ample green spaces within its urban environment. It’s not uncommon for residents to have their own backyard “urban farms,” and if they don’t have a green thumb to grow their own food, farmer’s markets are abundant in the city. The low cost of rent allows people in Portland to live comfortably and focus on artistic endeavours. Plus, lots of trendy cafes, talented baristas, bookstores including the worlds largest second-hand library, and friendly people make it an appealing place to visit.
2 Silver Lake, Los Angeles
Via: www.minxsociety.com
Los Angeles’ Silver Lake neighbourhood is another notorious hipster hangout. In stark contrast to the excesses of the rest of LA, Silver Lake is home to loads of indie rock music venues. It’s filled with modernist architecture, locals who wear plenty of vintage and retro clothes and hang out in the area’s many trendy coffee houses.
1 Williamsburg, Brooklyn, New York
Via: www.jlbwedding.com
The neighbourhood of Williamsburg in Brooklyn is not just considered the centre of hipster life in the New York City area, but is also one of the most famous hipster neighbourhoods in the world. The residents of the picturesque neighbourhood like to travel around by bike and live in trendy lofts. Stores in Williamsburg sell vintage vinyl, and after dark there are plenty of nightlife options, ranging from cool beer and wine bars to live concerts that highlight some of the next big artists in the indie music scene. Williamsburg is also foodie central, with trendy cafes and restaurants as well as a giant food market called Smorgasburg.
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search The Soul Dynamic
17 minutes read Photobombing Consciousness | “Open Mike Eagle Interview”
17 minutes read
Photobombing Consciousness | “Open Mike Eagle Interview”
I read this article and found it very interesting, thought it might be something for you. The article is called Photobombing Consciousness | “Open Mike Eagle Interview” and is located at https://www.thesouldynamic.com/photobombing-consciousness-open-mike-eagle-interview/.
A couple months back I was in a Bushwick bathroom, staring at myself in the mirror, when I turned around to ask a most refreshing hip-hop artist, Open Mike Eagle, if I could start the interview he agreed to do with us. Thankfully, he said yes. And so began not only these next series of words and thoughts your about to digest, but to the beginning of shooting his latest Kris Merc directed video “Ziggy Starfish (Anti-Anxiety Raps) featuring Goldpanda.”Our subject matter ranged from photobombs of Jesus, Kanye vs. Common and honest talk surrounding our individual truths and roles as consumers. There was a lot. Oh, and Hannibal Buress got in the mix too.
The Soul Dynamic | You said you’re from Chicago, how did where you grew up influence your art and music?
Open Mike Eagle | I just grew up in a time when hip-hop in Chicago was very segregated in particular ways, where people who I grew up with on the South side were listening to a lot of east coast and underground stuff. There was underground stuff everywhere. While on the west side there was more L.A gangster stuff, gangster stuff was effecting that region. So I had a very particular framework within in which hip-hop that was introduced to me. I had a lot of aesthetics and values that I performed with for a very long time, and I still have it a little bit in terms of my relationship to hip-hop being kinda of about the b-boy experience of like four arts, graffiti and break dancing and the craft of everything. So that’s always been important to me because of where I grew up and the time I grew up in.
The Soul Dynamic | Who or what has been the biggest impact that has influenced you to become a hip-hop artist?
OME | Again, I’ll go back to being in that time. Because when hip-hop got introduced to me it wasn’t necessarily something to just listen too, it was something that if you felt like you were apart of, or you wanted to be apart of hip-hop culture, you had to do. It wasn’t enough to consume it, you had to do it…the way I read it you had to do at least two things: I was a rapper, did graffiti and I was break dancing too.
The Soul Dynamic | You still do that kind of stuff?
OME | Ah I mean I was never really good at graffiti and I did it for a long time. Now I do a fair amount of graphic design. I think some of that came from my early interest in graffiti. I don’t break as much these days, but I’m on the board of a non-profit out here (L.A) that teaches hip-hop to the youth and that’s mostly people b-boying. So occasionally I’ll go in there and dance a little. It’s not like an everyday thing you know and it hasn’t been that way for many years.
The Soul Dynamic | Yeah, tell me more about this non-profit stuff? In learning more about you, you feel to me very conscious on a social level. Hip-hop artist that come to mind when I think about that are guys like Talib , um, I saw that you used to be apart of AmeriCorps too, so obviously you fucking care about where you’re at, you care about influencing the world in more ways than through your art — can you tell me more about that?
OME | I think I just see things in more of a communal way, with all of us trying to share an experience on this planet…I think we do better as a species when we’re looking out for each other. And us living in a country that’s capitalist creates this individualism, and people kind of get over that way. And I have a little bit of that in me too, that competition thing, but on a deeper level I think there’s enough resources for everybody here. I always put a lot of energy towards making sure things are fairly laid out, at least according to my value system.
The Soul Dynamic | What do you love about hip-hop today?
OME | I think there are particular innovations happening right now in terms of minimalism in hip-hop. I think it’s really interesting, like in terms of where I pay attention. Flows have gotten a lot more sparse in terms of how much space is left in the beat. Beats are becoming a lot more stripped down and basic and trying to get to what the essence of what an effective rap song is, I think that’s really interesting. I also really like that there’s very few guidelines now, less than ever in terms of what particular approach a MC or a rapper has to take. So if a rapper wants to sing bars that’s fine, if they want to mumble bars, that’s fine — it’s like whatever approach the rapper wants to take, it’s (hip-hop) more supportive more than ever now, where it used to be things were locked into certain patterns based on people’s expectations. I think those expectations are blown open more these days, so I appreciate that.
The Soul Dynamic | Ok, Ok, I like that. What don’t you like about hip-hop? What are some negative things that are going on or trending right now that you’re just not having?
OME | I mean I don’t think any of it is inherently negative. I don’t like how the music business continues to support only a certain kind of real capitalistic, real materialistic sort of rap, and because that’s what the corporate entities have chose to get behind now, it creates this echo effect. Cause since those images are promoted more, it creates more of that image in the culture you know? And of course there’s arguments for materialism and capitalism in the culture, but I think there’s a multiplier effect thats happening. You know if there’s anything I would change, it would be that. It would be where the entity with the most resources, if they chose to and it doesn’t make any sense that they would choose to do this — but it would be my wish that they would support more different kinds of voices. And that’s kind of happening now anyway, cause some of the strongest artists like Kanye, even Drake in some senses — what they’re doing image wise isn’t the classical, street corner, tough guy kind of thing. There’s more flexibility within the image, in some senses the corporations are having to push these guys, because they’re the best guys doing it right now. And they’ve opened things up too, but I just wish there was more experimentation on that level, how the resources get doled out, because different kinds of voices could do well.
The Soul Dynamic | All right. You have a line in “Dark Comedy Late Show,” where you say (I ask laughing), “I saw Jesus taking a selfie and I photobombed.” Would you actually photobomb Jesus?
OME | Yeah of course I would!
The Soul Dynamic | Awesome.
OME | That’s funny cause I was at a festival once and that’s when that line came to me. I was in the backstage area and there was this dude there dressed like Jesus and he was taking a selfie and I was thinking like, “Man if this was the real thing I’d try and photobomb him right now (we both laugh),” that’s where the line came from.
The Soul Dynamic | And what if he didn’t tag you, what would you do?
OME | I don’t know, I’d be upset, cause he certainly can.
The Soul Dynamic | I love that line man, I was just like, “damn!” It’s good shit. Tell me about the work, as a fellow artist I like to ask a lot of questions about the process, as far as coming at the work from a creative point of view. Like everybody has a certain way that they go about creating right? You know, you may go really fast, that’s how you work. Or you like to space things out, so the question is what is it about your process that makes it successful for you and what do you do when you have to push through challenges, when maybe things aren’t working out, how do you grind through that?
OME | I like to be trying to be working on a few different things at once. So maybe if somethings not clicking necessarily, I can move onto some other thing, something that comes along a little easier — I don’t get a lot of “writer’s block,” or anything like that — because I’ve given myself permission to write about anything. Like if I was doing the dishes, you know what I mean? Whatever idea I get, I feel completely permitted to write about it. I don’t feel like everything has to be the same level of importance socially or culturally or even personally. Whatever I want to write about is fine, some things make the album, some things don’t, but I’ve never had a real problem not having something to write about. It’s more of trying to chisel down an idea and make it more direct, make it better, but that’s always something to write about.
The Soul Dynamic | What’s the most memorable performance you’ve ever had or you ever saw?
OME | I performed on this show called, “WITS,” it’s based out of St. Paul. I’ve performed there twice. It’s a big theatre show, but they record it and make a podcast out of it. If you’re the musical guest you also get to participate in the comedy skits and sketches that they do and it’s kind of ‘old radio style,’ where everyone has their scripts on stage. It’s funny and interesting and the band’s really awesome and every time I do that show it’s the best show ever. Being able to perform in a big nice place and have that musical support, and the support of the talented people who allow me to indulge different parts of my creativity, doing the comedy bits, it’s really refreshing for me every time. It’s always the best.
The Soul Dynamic | Nice, is that where the concept for your last EP (A Special Episode) came from then?
OME | Not necessarily. That came out on it’s own, maybe a little of that was in there too, but it wasn’t a direct thing.
The Soul Dynamic | Who’s your favorite artist out right now?
OME | This rapper named Serengeti, he’s my favorite rapper. He’s also a good friend of mine. But he makes what I think is the best stuff.
The Soul Dynamic | Is he on Mello Music too?
OME | He is on Anticon.
The Soul Dynamic | You have friends out here in New York and you’re currently based out in Cali, what’s the difference between the two right now? There’s always going to be something, different vibes being put out there, you know, New York being quick and fast, and L.A. we’re just taking our sweet ass time, but what’s going on currently in that East/West thing, if anything, vibe wise?
OME | You know it’s hard to say because it’s so specific. In both places there’s so many different types of experiences that a person can have. It’s more difficult to compare and contrast. There will always be a huge difference in cultures with these two places, one is so reliant on public transportation and generally being around each other all the time. And L.A. being very separate, everybody kind of having their own inner car experience. But then out here too, increasingly there’s people on the bus, people on the train, it’s not the dominant mode of transportation like it is in New York. So proximity to other people will always be a big factor in terms of how the cities feel and I don’t know if that will ever change. But increasingly there’s so many different types of varied experiences a person can have based on what kind of job they have. A lot of it is pretty much is kinda of based on income and who you socialize with and all of that. There’s a L.A. experience for rich people that I’ve seen, but it’s not part of my life at all (I laugh). I live in a place called Culver City, which is not that far from Beverly Hills, but I never go there, there’s no reason to ever go there. There’s a placed called Century City, it’s literally up the street, but I never go there either, I have no business there in the literally sense. The people who live there have an entirely different experience than me. And New York is different, people come in and out of the boroughs and Manhattan, there’s different places you go in the city depending on what your experience is…I feel like in New York you end up rubbing shoulders with every type of person all the time.
The Soul Dynamic | That’s true. All right if you could kick it with anyone dead, alive, from any era for one night who would it be?
OME | Oh man.
The Soul Dynamic | It can’t be Jesus.
OME | Well this is the thing right, I want to say somebody like Frank Zappa, but I also have to insert in that equation that Frank Zappa thought I was cool, because if he didn’t then he’d be kind of condescending all night. I would pick James Baldwin, but I’d want to be sure that the pick was gonna be open and not the type of person that didn’t like people, or didn’t want the chance to get to know a person, cause it might be awkward all night.
The Soul Dynamic | All right so that’s the prereq, “Mike’s cool,” let’s do it. We do this thing it’s called Versus. It’s basically five really quick questions where I give you two options, like it could be the Rolling Stones vs. Led Zeppelin and you just spit out which ever one you prefer. The topics are all different random shit. Here we go:
Arcade Fire vs. Vampire Weekend | I would definitely say Arcade Fire.
Since you’re from Chicago — Kanye vs. Common | That’s a tough one. Oh my god. I’m gonna have to say Kanye. And the reason it was a tough choice was because early in my rap career Common was very important to me. Being from Chicago, and being one of the few people while we were rapping to see somebody else who started rapping like us, and was also in the industry along side Native Tongues cats and all of our heroes — he was a big deal. His first, I would say five albums (he lists them all off) were really personal, really huge to me. The later stuff not so much. I don’t know, I feel like every artist has their journey and I feel like he kind of got to a place where he was dealing with people that weren’t me anymore, I’m not sure who it was, but it wasn’t me. Kanye…I mean I’m probably an every other record kind of guy with Kanye, but I consider his work right now to be more interesting.
The Soul Dynamic | Chicago Pizza vs. New York Pizza? | Chicago no doubt. Not even a question, without question. Chicago pizza is pizza.
Nicki Minaj vs. Keri Hilson | Keri Hilson I think, wait remind me again about her.
The Soul Dynamic | She’s this beautiful lady, I think she’s a rapper who…
OME | Oh, I’m gonna have to go with Nicki. Nicki is one of the best rappers in terms of the craft of rapping — she’s incredible. Amazing.
Comedy Show vs. Film | Hmmm…I’m gonna go film cause I can get more out of it. Comedy might be a more entertaining program, but film if it’s a good one, gives me nutrients to survive and create more.
Casino vs. Goodfellas | Dang, I’m going to have to go Casino…when Casino came out the impact it had on me was more visceral.
The Soul Dynamic | I know you and Hannibal are close, how has he influenced your art? And in turn how have you influenced his art?
OME | I really don’t feel like either one of those things are necessarily true. It’s funny I certainly see how his influence has effected the world of comedy, especially young black comedy. Listening to young black comics, there’s a lot of observational humor that I would say is because of his influence. On a national level he’s the first guy who was really like a self-identifying black man, but wasn’t subject to the trumps of black comedy. And I know he doesn’t have a problem with any of those things either. He’s his own person. He’s definitely effected comedy in that way and he hasn’t so much effected my stuff, cause in that sense I’ve already done that too.
The Soul Dynamic | If you weren’t a hip-hop artist, what would you be?
OME | I would probably be some sort of writer. Could be a TV writer, maybe writing books, but a writer.
The Soul Dynamic | What’s the one thing you want people to take away from your music?
OME | I want them to understand how much their expectations play into everything they listen too or are watching. I want them to be aware of what they bring to the table as a consumer in everything in life.
The Soul Dynamic | In terms of their worth?
OME | No, in terms of how relative everything is based on a person’s expectations and prior experience. And so I don’t want anybody to think that their thoughts about anything good or bad…and it goes for me and everyone else — if you think my stuff is great or you think my stuff is awful — nobody has the definitive answer cause we’re all having individual experiences based on who we’ve been, where we are and what we’ve been exposed too. There’s no definitive criticism — whatever the thing makes you feel is whatever the thing makes you feel. And that’s your truth.
The Soul Dynamic | I dig it, I love that. Yeah, that’s good, that’s really good…All right the last question that I always ask people is what inspires you?
OME | Other people’s courage I think inspires me more than anything. Seeing other people be brave, be honest, push boundaries — inspires me to do the same.
The Soul Dynamic | All right that’s it bro.
OME | Well all right man, that was super cool.
Open Mike Eagle’s newest video “Ziggy Starfish (Anti-Anxiety Raps) featuring Goldpanda,” came out today. It features appearances by Hannibal Buress, Jean Grae, Quelle Chris, and MC Frontalot and can be seen below. He’s an artist who’s take is extremely needed now, not only in hip-hop culture, but on a wider scale. His thoughtfulness, awareness and innate ability to take it all as it comes will challenge you, while making you smile at the same time. In his words, “whatever the thing makes you feel is whatever the thing makes you feel. And that’s your truth,” and we’re all right with that.
Photographers | Danny Chaparro + Andy J Scott
Dynamic Artist Interview, Editorial
Rene Ramirez
Co-Founder. Editor-In-Chief. Dream & Hustle.
Also by Rene Ramirez (1721)
Dynamic Artist Interview
From De La Soul to Willie Watson, we get in-depth with musical artists about their work ethic, drive and inspirations. We use question and answer sessions as way to elevate and evolve.
Push thought forward. Music unifies us with it’s endless ability to motivate our spirits from low depths to higher gears, lifts us out of the pits of the rock bottom and evokes visions of our true selves max potential. Here you’ll find the industries’ artists and story-lines impacting the scene for better or worse.
“Chocolate Spokes” | Monday Morning Motivate
“Summiting Mountains Without Sight ” | Monday Morning Motivate
“Tom Petty: Mad Hatter’s Last Dance” | Tuesday Mixtape
“El Niño Bautista – Live at the BBQ” | Tuesday Mixtape
Coachella Daily Inspiration EDM Hip-Hop Inspiration Life Love Miami Motivation Music Nyc Photography rap Spotify The Friday Jumpoff The Monday Morning Motivate The Soul Dynamic The Soul Dynamic Instagram Weekly The Thursday Reblog The Tuesday Mixtape
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Running of Theatr Clwyd to move from local council to independent trust
Southwark council approves £3.75m loan to Old Vic for education and community hub
Troubadour Theatres: Behind the scenes at the major new venues set to shake up London theatre
Careers Clinic: How do I write a personal statement for a drama school application?
Dear West End Producer: ‘What is a theatre influencer (and should we care)?’
The 39 Steps to close after nine years in the West End
The 39 Steps. Photo: Dan Tsantilis
by Georgia Snow - Jun 17, 2015
The 39 Steps will close in September after nine years in the West End.
The production, which is currently running at the Criterion Theatre, will close on September 5, making it the fifth longest running play in West End history.
Based on John Buchan’s 1914 thriller, The 39 Steps is adapted for the stage by Patrick Barlow and directed by Maria Aitken.
Four actors play 139 roles in the show, and the production has seen more than 50 performers star in the show over its nine-year run.
It currently stars Daniel Llewelyn-Williams, Kelly Hotten, Mike Goodenough and Gary Sefton.
The show is produced by Edward Snape for Fiery Angel and Tricycle London Productions with the West Yorkshire Playhouse.
CLARIFICATION An earlier version of this story carried a picture from a production of The 39 Steps being staged at Keswick’s Theatre by the Lake. The Stage would like to make it clear that while the West End production will close in September, the Keswick production will continue its run until November 4, 2015
David Lan denounces 'narrow' approach to arts education
In The Stage newspaper this week: June 18
Georgia is chief reporter at The Stage, having joined the company in 2014.
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Global Goals in Action
In the Global Goals in Action video series, learn how business leaders are aligning their business strategy to the Ten Principles and taking action on the SDGs as a part of the UN Global Compact
Explore their stories
Sanda Ojiambo, Head of Corporate Responsibility, Safaricom
Learn how Safaricom is advancing its purpose-driven commitment to transparent and corruption-free business in Kenya.
Ann Tracy, Vice President of Sustainability & Environment, Colgate-Palmolive
Vance Merolla, Director of Global Sustainability, Colgate-Palmolive
See how Colgate-Palmolive utilizes the Global Goals as a framework to align it's business goals to a sustainable future.
Agustin Delgado Martin, Chief of Innovation & Sustainability, Iberdrola
Learn how Iberdrola works with the UN Global Compact and in partnership with the public and private sectors to share ideas, develop sustainability reporting standards, and work collaboratively to advance toward the 2030 Agenda for Sustainable Development.
Daniella Foster, Senior Director, Global Corporate Responsibility, Hilton
See how Hilton has set out to cut their environment impact in half and double their social impact investment by 2030, in alignment with the Sustainable Development Goals (SDGs).
Natura & Co
Roberto Marques, Executive Chairman, Natura & Co
Learn how Natura & Co has set ambitious sustainability targets, specifically in terms of responsible consumption and production, and has furthered their commitment to working with local communities.
The inclusion of company names and/or examples in this video series is intended strictly for learning purposes and does not constitute an endorsement of the individual companies by the UN Global Compact.
Ready to take action on the Sustainable Development Goals (SDGs)?
Fill out this form to learn more about how to get started with the UN Global Compact.
Tell us how your company is taking action on the SDGs
Blueprint for Business Leadership on the SDGs
A principles-based approach
A new era for responsible business
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Funding for women-founded startups is stalling. Here are some reasons why.
Just 4% of funding from U.S.-based venture capital firms through July 13 of this year went to women-founded start-ups in their earliest stages.
Funding for women-founded startups is stalling. Here are some reasons why. Just 4% of funding from U.S.-based venture capital firms through July 13 of this year went to women-founded start-ups in their earliest stages. Check out this story on USATODAY.com: https://usat.ly/2wdindt
Rachel Layne, Special to USA TODAY Published 8:00 a.m. ET Aug. 17, 2017 | Updated 5:18 p.m. ET Aug. 17, 2017
Jeannine Shao Collins founded Girl Starter. When venture capitalists turned her down, she got funding from sponsors including Staples and Microsoft.(Photo: Girl Starter)
Corrections & Clarifications: A previous version of this story didn't clearly state that Nicholas Langeveld is the former chairman of Affectiva.
Jeannine Shao Collins took her 16-year-old daughter’s idea for a way to champion young women entrepreneurs and ran with it in 2014.
Girl Starter is a reality television show that centers on 18- to 24-year-old entrepreneurs who compete for $100,000 and guidance from a network of mentors. Fresh off its first season on Discovery TLC, the show toured several cities casting for its second season in May and June.
Collins got there without funding from venture capital firms. Instead, sponsors, including Staples and Microsoft, saw a market where venture capital firms didn’t.
Collins' experience isn't unlike that of a lot of women looking for funding to get a new business off the ground. Just 4% of funding from U.S.-based VC firms through July 13 of this year went to women-founded start-ups in their earliest stages, known as angel or seed funding, figures from PitchBook, a private capital data and research firm, show. Early-stage VC funding, the next level up, shows a similar pattern at 3% so far this year. Both sets of figures are unchanged from 2016.
And when it comes to late-stage fundraising, female-founded firms got just 1% of capital, also stagnant compared to 2016.
Some of the barriers included old-fashioned stereotypes. In some fundraising meetings, finance-related questions were directed at her husband and co-founder Chris Collins, a marketing executive, rather than Jeannine or female co-founder, television writer Dani Davis.
Once, the team was asked why Girl Starter was targeting "such a niche market,” Collins says. ``I said niche? It’s 50% of the population. We’ve had some crazy conversations.”
But the bias that leaves some women-led businesses unfunded may come from a different place. Preliminary results from one study led by Babson College professor Lakshmi Balachandra looked at how much the masculinity or the femininity of the target market matters in funding decisions.
Babson College professor Lakshmi Balachandra studied how much the masculinity or the femininity of the target market matters in funding decisions. (Photo: Babson College)
For instance, if a company’s product was a diagnostic tool was aimed at prostate cancer, the CEO would be a man and for cervical cancer, a woman. Male VCs saw firms with products aimed towards men as more likely to get funding, while female-led VCs said the same for products aimed at women.
``It was shocking. Investors go straight along gender lines,” Balachandra says. Men ``want to see a male market run by a man. And women prefer women’s markets run by women.”
When women do get funding, it’s often less, says Loretta McCarthy, managing partner of Golden Seeds says pointing to the lack of women in decision-making roles at VC firms making larger investments. Golden Seeds invests in early-stage companies led by women.
Technology start-ups founded by women hire more women, study finds
Millennials: Time to start a startup
How to get money for your entrepreneurial dream
``Borrowing money is about relationships. It’s the people you know and the people they know,” says Sheri Orlowitz, founding partner at Artemis Holdings Group, a VC firm. ``I don’t care how excellent you are, it’s really about relationships.”
An analysis from TechCrunch last year concluded 7% of partners in the top 100 VC firms were women.
Rana el Kaliouby, CEO and co-founder of artificial Intelligence firm Affectiva, says the networks she formed at the Massachusetts Institute of Technology’s media lab, where the company was created were invaluable when seeking VC funds.
Rana el Kaliouby CEO and co-founder of artificial Intelligence firm Affectiva. (Photo: Rick Bern)
Affectiva, whose technology is designed to recognize human emotion, has about 50 employees, with about 30 in Boston and the rest in Cairo. Its VC investors include Kleiner Perkins Caufield & Beyers and Horizons Ventures, both have high-profile women executives.
Still, having a male chairman has helped. At a recent event with potential investors, el Kaliouby says she was struck by how the mood became informal one because Affectiva’s former chairman, Nicholas Langeveld, knew some of the men in the room socially.
While ``100 percent sure” she would have landed that meeting by herself, she described the shift as both fascinating and palpable.
``Until we have enough women investors, where I can sit down at a table and we have something to talk about in the same way these guys have something to talk about,” el Kaliouby says, “it will be harder.”
Read or Share this story: https://usat.ly/2wdindt
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PETER JACKSON TO DIRECT BEATLES DOCUMENTARY: Lord of the Rings helmer Peter Jackson has signed on to direct a documentary about The Beatles' recording of Let It Be in 1969. Jackson will tap 55 hours of never-released behind-the-scenes footage. The project is said that have co-operation from principles and widows Sir Paul McCartney, Sir Ringo Starr, Yoko Ono Lennon and Olivia Harrison. Let It Be was released in 1970, months after the band broke up. "After reviewing all the footage and audio that Michael Lindsay-Hogg shot 18 months before they broke up, it’s simply an amazing historical treasure-trove," Jackson told The Hollywood Reporter. "Sure, there’s moments of drama — but none of the discord this project has long been associated with. Watching John, Paul, George and Ringo work together, creating now-classic songs from scratch, is not only fascinating — it’s funny, uplifting and surprisingly intimate."
HOT WHEELS FILM IN THE WORKS: Mattel and Warner Bros. are teaming up on Hot Wheels, a film about the toyline of small cars. This comes after Mattel’s first, halting attempt to turn a property into a movie. Barbie had casting issues (Amy Schumer and Anne Hathaway dropped out; Margot Robbie is now in), and Sony bowed out of. Do you think there’s an audience for Hot Wheels?
ZACK SNYDER RETURNING TO FILM: Zack Snyder left film after helming 2017’s Justice League to deal with his daughter’s tragic suicide. Now, he is set to return to helm Army of the Dead for Netflix. Zack will direct the zombie horror film, and his wife Deborah Snyder will produce via their newly rebranded company Stone Quarry. Sources tell The Hollywood Reporter that the streaming giant is pulling out all the stops for the film, and providing up to $90 million in funding. "I thought this was a good palate cleanser to really dig in with both hands and make something fun and epic and crazy and bonkers in the best possible way," he told THR.
AMAZON SNAGS BRITTANY RUNS A MARATHON: Amazon nabbed Brittany Runs a Marathon for $14 million at Sundance. Paul Downs Colaizzo directed the dramedy, which features Jillian Bell playing a hard-partying millennial who attempts to change her life by (yep) running a marathon.
Previous Travel Abroad, Broaden My Patience
Next CELEBRITY GOSSIP
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Appearances, Poetry
First There is an Island
Later this week I’ll be taking a trip down the country, and also down the years. On Sunday 12th June, I’ll be reading a poem in Sandown on the Isle of Wight.
I started off writing poetry seriously around 2004 or so, as a kind of preliminary to practicing the longer forms of writing that I wanted to do. I still write poems from time to time, but mostly only when they literally mug me on the street and force me to (like this one did). The resulting works may be brief, particularly since I got interested in the liberating constraints of classic forms like the sonnet, but they burn through a lot of creative bandwidth in a short time, like fireworks; my mind has been busy with longer things in recent years, and as such poetry has become something of a back-burner discipline, a skill gone somewhat to rust, like riding a bike down the promenade after years of driving long distances.
But you know what they say about riding a bike, right? I dragged myself out of retirement in response to an unexpected commission, one of the weird synchronicities that life throws up every once in a while. See, a few years back I got sent by New Scientist to review an exhibition at the Lowry and interview the artist, one Katie Paterson. I enjoyed the art and our conversation, and wrote it up the only way I knew how, through the lens of science fiction.
It turns out that Katie appreciated that particular perspective, and the resulting review. Around a year ago, she emailed me to ask if I’d write something to accompany one of the stops on the “tour” for an artwork to take place in 2019, titled First There is a Mountain. And of course I accepted, volunteering to take the Isle of Wight gig — because the Island is just across the water from that other island, Portsmouth, where I spent half my life, and where I started to learn to write.
Quite why I decided to write a poem, and why said poem ended up as the thing it is (the commission was almost comically open-ended regarding form and word-count, which was both a blessing and a curse) will have to be a story for another time, I think. But if you should be in the area, you can hear me doing the debut reading of the piece, entitled “The point of the work is the work”, at 11am on Sunday June 12th 2019, somewhere along Yaverland Road in Sandown, as part of the Hullabaloo festival of arts, science and seaside kitsch. I’m looking forward to it, and to seeing some old friends while I’m there.
First There is a MountainIsle of WightKatie PatersonThe point of the work is the work
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Let’s Unpack the Infowars Claim that Netflix Inspired Austin Bombings
The pro-gun movement is trying to put an astoundingly stupid spin on a much-needed conversation, and we shouldn’t play along.
by Frederick Blichert
26 March 2018, 9:39pm
Manhunt: Unabomber | Image courtesy of Netflix.
This article originally appeared on VICE Canada
Do violent movies make people violent? Does gun violence onscreen lead to people being shot in the streets? Are school shootings the result of too many John Wick rewatches? We can pretty confidently answer “no” to these questions. At least, there’s clearly no 1:1 relationship between fictional violence and real-world violence. The motivations behind things like mass or school shootings are just too complex to be reduced in such simplistic ways. But that doesn’t mean we should end the conversation there.
Last week, Infowars editor-at-large and fake brain pill enthusiast Paul Joseph Watson suggested that the recent bombings in Austin, Texas, may have been inspired by Netflix’s Manhunt: Unabomber, a series about American terrorist Ted Kaczynski, AKA the Unabomber.
Watson was conspicuously, if predictably, silent on the question of race. As another white terrorist targeted people of colour in a city rife with racial tensions, the omission certainly stands out.
Even with a confession tape, authorities haven’t determined a motive for Mark Anthony Conditt’s crimes, and certainly nothing about his streaming habits has come up. There’s a possibility he was motivated by Kaczynski’s actual crimes (which weren’t exactly obscure even before the Netflix series), or he could have been motivated by literally anything else.
Watson is reliably found on the wrong side of just about any debate you can dream up, but we can call bullshit on his arguments without forgetting that representation does matter. “It’s just a movie” is a useless contribution to any discussion of cinema or its impacts on society. It’s why we can discuss everything from positive depictions of queer love to passive acceptance of toxic masculinity onscreen as important parts of the zeitgeist.
When film studios announce that their movies won’t feature characters smoking anymore, most of us accept the logic of it—try watching Don Draper chain smoke his way through a pitch meeting without wanting a cigarette. And yet the right vs. left, us-and-them tenor of 2018 has managed to make us play a mind-numbing game of yes-it-does/no-it-doesn’t with the question of violence in pop culture, stripping the nuance from just about any ensuing discussion.
Paul Joseph Watson “reporting” on his YouTube channel.
Infowars’ Austin bombing claim comes on the heels of another right-wing push to blame gun violence on pop culture. It’s a predictable deflection away from gun control, with many conservative lawmakers (many of whom accept vast amounts of money from the National Rifle Association) blaming the recent Parkland mass shooting tragedy on movies and video games—all while schoolchildren literally beg grownups not to let them die.
This kind of nonsense is nothing new. The Columbine shooters were famously thought to have been inspired by The Matrix and the video game Doom. And any crime with even a passing resemblance to a film has led to speculation about pop culture corrupting minds and causing violence.
But this latest flare-up of faux concern stands out. It is clearly tied to a desperate need to legitimize a pathological love of guns, even in the case of a series of bombings.
It’s hard not to be cynical about the whole thing. Sure, maybe the Parkland shooter was inspired by what he saw on TV (his MAGA hat was likely purchased after seeing Trump at a televised rally, even if that’s not what they’re talking about), but the more pressing issue is and should be why he had such easy access to the assault rifle he used to kill 17 of his classmates and teachers.
But we would be wise not to throw the baby out with the bath water. Of course turning to movies, TV, or games is transparently ineffectual when reasonable Americans fearing for their lives and their children’s lives demand stricter gun laws. Of course! But the now ubiquitous response that movies obviously don’t make people violent is getting less and less convincing—where does this certainty come from? Rolling our eyes with the utmost confidence in the face of Trumpian stupidity might feel good (or it did until the Trump Fatigue began to set in), but there’s still value in checking our facts in the face of bold-faced lies.
After all, people study this kind of thing. And their voices have been conspicuously absent from the self-satisfied responses to the “movies made them do it” camp. The few exceptions usually rely on opinions from outliers in the field, people pushing against what seems like a fairly strong consensus from those who research the psychology of aggression and violence.
Brad Bushman is a professor of communication and psychology at the Ohio State University. He was also a member of President Obama's committee on gun violence as an expert on media violence effects. He has studied the effects that popular media can have on aggression extensively. VICE connected with Bushman on the phone last week to understand how violent movies might impact someone like a mass shooter.
“There is no simple cause for violent, criminal behaviour. It's usually based on a number of risk factors that combine in complex ways,” says Bushman. “Violent media is one of those risk factors. It's not the only one or the most important one, but it's not a trivial one either.”
Bushman stresses the complexity of the studies that have been conducted, where no single cause can ever be identified for things like mass shootings, but that doesn’t mean we can’t identify some links.
“There's very strong evidence that exposure to violent media increases aggressive behaviour, and what I mean by that is any behaviour intended to harm another person who doesn't want to be harmed. There are hundreds of experiments that have been conducted on that,” he says. With “violent” behaviour, “the harm caused is extreme physical harm, such as injury or death, and that's a lot rarer than aggressive behaviour. There is a correlation between exposure to violent media and violent criminal behaviour, but as the behaviour becomes more extreme...the strength of any risk factor diminishes.”
“We can predict pretty accurately whether a kid will get in a fight during the next year in school, based on a number of predictive factors including exposure to violent media, whether they're male, and things like that. But as the behaviour becomes more and more complex, from getting in a fight to murdering someone to committing a mass shooting, the behaviour becomes rarer and much more difficult to predict.”
Craig A. Anderson studies violence specifically. He is a professor of psychology and the director of the Center for the Study of Violence at Iowa State University. VICE spoke with Anderson to get a clearer sense of how violent media can impact those who commit more extreme acts of violence.
“Extreme violence always requires the presence of multiple risk factors. So when the NRA says it's violent video games, that's too simplistic,” he says. “That's not to say violent video games don't play a role, but it's clearly too simplistic.”
Anderson says there’s more than a dozen studies showing links between violent video games and real-world violent behaviour. These studies rely on complex correlations between violent behaviour and exposure to violent media. While we like to deny links between correlation and causation, that’s a pretty standard scientific measure—it’s how we know smoking causes cancer.
“Every major scientific body that has ever reviewed the media violence and aggression literature has come to the same conclusion. This isn't just my position,” he says. It’s also the position of organizations like the American Academy of Pediatrics, the American Psychological Association, and the US Surgeon General.
Now what do we do with this information? It certainly doesn’t tell us that guns aren’t a problem, nor even that they’re not the primary problem.
Unlike guns, movies aren’t made to kill. They actually serve other functions, and those functions, in this humble film critic’s opinion, are important to a healthy society. Some films distract us. Some challenge us. Some disturb us. And yes, some rile us up.
I’m not here to offer an answer, because I don’t have one. Censorship doesn’t appeal to me, but neither does quietly doing nothing. Trump suggested the implementation of a ratings system while discussing the Marjory Stoneman Douglas shootings, which actually isn’t a bad idea. The fact that America has already had one in place for decades doesn’t reflect particularly well on the president, but it does show a national attempt to address this issue already. And maybe that’s enough, though it seems a little weak.
(For one thing, the MPAA, the organization in charge of rating movies in America, lacks transparency and oversight, and frankly does a terrible job of rating movies.)
But wherever the violence-in-pop-culture discussion goes, the country, first and foremost, needs robust gun control. And that gun control should neither be dependent on nor related to whatever we do to reduce the root causes of violence.
Australia has become a popular reference point for how America should rethink its murder weapon fetish, and for good reason.
In 1996, in Port Arthur, a man shot and killed 35 people, wounding another 18. One of the two military-style weapons he used was an AR-15, the same model used by the Parkland shooter. The Australian government was quick to act, banning semi-automatic and military-style weapons and their import, and creating a government buy-back program to get such existing weapons out of circulation. It was the kind of “common sense” approach we hear so much about, and since then, Australia hasn’t experienced any mass killings.
Mel Gibson from Mad Max | Image courtesy of Mad Max Films.
Australia—home of Mad Max and Russell Crowe—clearly isn’t immune to violent entertainment, nor, presumably, to its effects on viewers. But the country has found a way to limit the use of guns by limiting the availability of guns. As much as violent films may affect us, there’s a limit to what we can do with our newfound aggression when the potential outlets for it are limited, even if that ought to be addressed.
As Bushman told me, there’s a critical period when someone is contemplating suicide when they decide whether or not to go through with it. When a gun is readily available, the number of people who successfully take their lives is over 90 percent. When a gun isn’t available, the number is closer to 18 percent.
It doesn’t take a huge leap in logic to imagine available guns being used to satisfy an impulse to harm others too. While making the choice to commit a mass shooting is complex and may or may not involve some kind of interaction with violent media, the availability of firearms is a constant. Or as Bushman succinctly put it, “of course there'd be no mass shootings without guns.”
Similarly, Anderson described research that shows you’re more likely to be assaulted in the UK than in the US, but that you’re more likely to be killed in the US than in the UK. “That's because of guns,” he says. “We don't assault at a particularly high rate, but we're very efficient at it, because very often we have guns.”
What a statement like this tells me is that we need to get rid of guns ASAP, but do we ignore non-deadly assault and its causes? I’d rather get punched in the face than shot, but I’d like someone take steps to ensure I don’t get punched in the face regardless.
If I thought making shit up would finally lead to some basic gun control and even a small reduction in the completely preventable deaths that keep making headlines, there’s a good chance I’d go along with it. But the right-wing lawmakers lining their pockets with the NRA’s blood money aren’t listening anyway. Instead they’re offering up the red herring of media violence, which has the kernel of truth necessary to be an effective dodge.
But why not also have an intelligent conversation about media violence? A real one that doesn’t detract from the dozen other pressing issues that should come first, ideally.
It sure as hell won’t solve the pressing issue of gun violence. Not even close! But if nothing else, it’ll keep us busy while America’s kids do what the grownups should have done years ago: force some kind of change in the nation’s gun laws.
Follow Frederick Blichert on Twitter.
#Films
Pro-gun
austin bombings
Mark Anthony Conditt
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Plan de travail 1 2019
logotype_visa_2019
Pro week
Exhibition Ferhat Bouda
Agence VU'
Berbers in Morocco, resisting and defending their culture
Winner of the 2016 Pierre & Alexandra Boulat Award supported by LaScam
“Culture is not just a legacy inherited, it is also a vision that is accepted.” Mouloud Mammeri (Kabyle writer, anthropologist and linguist)
The Berbers or Amazigh people (i.e. free people) are the oldest inhabitants of North Africa. For thousands of years they have been living on a vast expanse of land stretching from the Atlantic coast of Morocco to Siwa Oasis in Egypt. They have their own language and cultural traditions, but their identity is under threat. They do not aspire to nationhood; some are nomadic, some are sedentary; there are Muslims, Christians and Jews. But leaders in North Africa suspect them of being heretics, and have oppressed them, breaking up communities, assimilating them and sometimes persecuting them. Every day their life is a bid to safeguard their identity.
Most Berbers are in Morocco, so I went there, to the village of Tinfgam in the High Atlas, nearly 2000 meters [6,500 feet] above sea level, a trip that ended on foot, walking for three hours on a dirt road. Houses are made from stone and clay, or are caves in the mountainside or on steep slopes. The villagers are both strong and calm. But these communities are ignored by the government and deliberately kept on the fringe. There is no dispensary, no school, no infrastructure whatsoever for education or healthcare services, and there is no electricity. But the Berbers are independent in spirit, and with their know-how and extensive knowledge of the environment, they are self-sufficient, farming the land and raising goats. Their lifestyle is closely linked to the land where they live and each day follows the order set by nature. There may be no material security, but the atmosphere in the village is warm, like a big family. Women play a central role as most men have to travel further afield to find work in other areas. As a result, the women are the living memory of the Amazigh people, of their traditions and culture.
Aicha preparing tea in the home she shares with her daughter. A neighbor had dropped in to say hello. Timetda, near Amejgag, 2016.
© Ferhat Bouda / Agence VU’
Mohamed preparing tea before leaving his cave. “We are born to work, live and die.”
Tinfgam, Atlas Mountains, 2016.
Touda, seen with her daughter, was spending a few days with her sister.
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I also went to the village of Timetda, in Tinghir province, where I sensed the same philosophy of life. The two villages are quite similar in the way they are run and their guiding principles. Timetda is easier to reach, near a road; some of the homes have electricity, but here too the villagers feel that the local authorities are simply ignoring them and have ostracized them. Like the community in Tinfgam, the people of Timetda feel deep-rooted bonds with their traditions, and they are proud and determined to assert their identity with their own language and culture. This is clearly an act of defiance, resisting efforts to have them assimilated and their identity cast into oblivion.
The hope and future of these people depend entirely on them handing on their values and culture as practiced and safeguarded over thousands of years to future generations. And their land is of critical importance: it must be defended from the constant peril that has been threatening it for centuries. Theirs is a generous land, a land that nurtures the people living there in a spirit of harmony. My work reporting on the Berber people living on their own land can be seen in the context of resistance, with a traditional culture standing firm.
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About Voices 360
Home Development Race relations in South Africa
Race relations in South Africa
PERSONAL CHOICE: White people often from a young age are exposed to racist and biased views from parents, schoolmates, friends, colleagues, etc, and what they do with these opinions is up to them, says the writer.Picture: EPA
In an important and very honest and frank address on Thursday last week 25 May as reported by EyeWitness News ‘SA Race Relations Need to be Strengthened’ President Cyril Ramaphosa informed a meeting of the South African National Editors’ Forum that ‘the ruling party has done itself a disservice with its weakened stance on its non-racial character, adding that race relations need to be strengthened’. He stated further that the African National Congress (ANC) has decided to invigorate its non-racial character to ensure it is seen as a home for all the people of South Africa. In developing the theme of his address he declared that that this meant that ‘we want to promote a country where all races feel at home in South Africa’. For this to occur he emphasised that it was necessary for all races to ‘feel that they have a role to play in building and developing’ improved race relations.
In regard to the cardinally important subject of race relations the South African Institute of Race Relations (IRR), founded in 1929, which has an international reputation for its accurate and scientific analysis of politics, the economy and socio-economic issues in South Africa, released a comprehensive survey of socio-economic trends and political perceptions in a report entitled ‘Life in South Africa: Reasons for Hope’. This survey spans the period between 1985 to 2016.
In relation to race relations, the survey states that the views of the overwhelming majority of people are very different from the vitriol so often evident in the debate this year. Far from being hostile towards one another, most South Africans, black and white, occupy a pragmatic middle ground on race relations. White South African understand and support the need for redress. Black South Africans do not believe that their white compatriots should be treated as second class citizens. The overwhelming majority of both groups believe that they need each other for progress to be made.
It is submitted that in the last two years and even before that there were indications of an unfortunate deteriorating tendency in regard to race relations. This was the issue that President Ramaphosa was boldly addressing in his address to the Editor’s Forum. The President is undoubtedly correct in making this assertion. It requires us as a nation to honestly take seriously take remedial action. It is however necessary to approach this sensitive but very important issue in a circumspect and dispassionate manner and it is further submitted that the present time with the advent of the new Ramaphosa administration is an opportune time for careful self-reflection on the subject of race relations.
It should not be over influenced by certain very unfortunate and sensationalised incidents of individuals such that relating to Penny Sparrow and Vicki Momberg and their racist and profoundly hurtful comments concerning African people.
South Africa needs an intelligent, honest and informed discourse on relations and non-racialism. Furthermore it should also not be dominated by political parties or organisations on the extreme left and extreme right of the political spectrum, such as those of Julius Malema and Kallie Kriel of the EFF and Afri-Forum who respectively in political statements respectively ‘invoked his own authority to call his devotees not to slaughter the white yet’ and that ‘Apartheid was not a crime against humanity’. This last mentioned viewpoint is in manifest conflict with the United Nations resolutions of the General Assembly and Security Council, to this effect in 1966 and 1974 as well as the Rome Statute of 2002. These extremist views do not give us an accurate picture of the present state of race relations.
Although it is submitted that the viewpoint of the SAIRR referred to above is a useful starting point, the issue is far more complex and nuanced. The subject demands a concerted effort by individuals, faith based and other groups, civil society and the political parties and in particular, the governing ANC to analyse and discourse on it in a penetrating and serious manner in order to meaningfully improve both race relations and a commitment to enhance non-racism.
The issue of race relations cannot be divorced from the other pressing problems facing the country such as the vast unequal distribution of wealth and resources in terms of which most in the middle-class community are economically affluent, whereas more than 20 million African people still live in abject poverty, 24 years after the advent of our democratic dispensation. This needs to change drastically in order to bring about social and economic justice which must inevitably result in an improvement in race relations.
Nor can the problem be divorced from the rampant corruption and state capture of the Zuma administration of the last 10 years. It is however easy to play the blame game with opposing political groups vociferously inculpating one another. We however need a far more intelligent and honest discourse to make progress. Fortunately President Ramaphosa has been exemplary in this regard in making the bold and penetrating comments to the Editors Forum, referred to above.
The economically and resource privileged middle class community, whites, Africans, Indians and other persons of colour have a fundamentally important role to play in this regard in positively contributing to sound race relations. It is easy for affluent people to complain and grumble about the incompetent and corrupt nature of government and service delivery. If they do this and only this, they become part of the problem. If rather than merely grumbling they actually become involved in uplifting those who are economically challenged in all communities, they will then contribute to the resolution of our inordinate socio-economic problems of poverty and unemployment. In so doing they need to act in partnership with government and thereby make a meaningful difference through faith based organisations and those of civil society to significantly improve race relations in South Africa.
South Africa is required by its Constitution to be a non-racial constitutional democracy requiring that all its citizens be treated with both equality and dignity. Any policy aimed at undermining non-racism must be exposed for what it actually is, as unequivocal violation of the foundational principles of our highly esteemed Constitution.
The legendary famous Freedom Charter declared that “The rights of the people shall be the same regardless of race, colour or sex.” The Charter also stated that “The country belongs to all who live in it, both black and white.” Furthermore, as indicated, section 1 of the Constitution declares that it is based on the values of inter alia: “non-racialism and non-sexism.” This mandate is also further developed in section 9. Non-racism runs like a golden thread that is woven into the warp and woof of our Constitution.
Lastly in this regard non-racism is incompatible with cadre deployment, which occurs when persons, who are card carrying members of a political party, particularly, the ANC, are appointed to positions in the public service, regardless of their competence. This was held to be the legal and constitutional position in a seminal case in an Eastern Cape High Court judgment in Mlokoti v Amatole District Municipality of 2008.
Unqualified cadre deployment in general must be exposed for what it actually is, namely unfair discrimination. It is conceded that in a limited number of very senior posts in the civil service, as occurs in other democracies, such as in Washington and Westminster, where a particular position may justify the appointment of a person whose views are aligned to the governing administration, it is justified. It is, however, very much the exception to the general rule.
The manner in which it is practiced in South Africa today, is the very antithesis of non-racism to which Ramaphosa wants the ANC to return to. In this regard Ramaphosa is acting as a statesman of calibre. For this he should be lauded and supported in his quest to improve race relations both in the ANC and as a consequence within South Africa. It is a most demanding and honorable challenge. It requires courageous and inspired leadership and will not necessarily be popular with many within the governing party.
George Devenish is an emeritus professor at UKZN and one of the scholars who assisted in drafting the Interim Constitution in 1993
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Professor George Devenish
George Devenish is Emeritus Professor at UKZN and one of the scholars who assisted in drafting the Interim Constitution in 1993
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Voices 360 is an online and event public platform that facilitates opinion sharing and knowledge exchange. Individuals from a range of interests are given an opportunity to use their knowledge, energy and ideas to make a real difference. It is a chance for Ordinary Citizens, Millennials, Thought Leaders, Captains of Industry, Academics, Writers and Policy Makers to express and share their perspectives to set the agenda, inform policies and contribute to development goals. The opinion pieces supplied are made available to media publishers around the world. We can help you to spread your message wider. Send your opinion piece to contribute@voices360.com.
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Hokie time travel
FACE TIME: Rebecca Williams with her father Philip Williams in the stacks in Special Collections.
A 1984 program cover with Philip Williams and Dell Curry
For Rebecca Williams, working in Newman Library’s Special Collections meant traveling through time to meet her parents as mid-80s college students.
On her first day, Rebecca intentionally sought a copy of “The Bugle” to search for her mom, then-Vicki Higginbotham, the engineering, baton-twirling majorette, and her dad, Philip Williams, forward on the men’s basketball team from 1983 to 1987. She quickly found Vicki ’86, M.S. ’88 and Philip ’88, the middle generation of a Hokie family that also includes Vicki’s mother, Betty Higginbotham, who has worked in the Department of Statistics for nearly a half-century, and Philip’s father, Associate Professor Emeritus in Residence Clayton Williams in the Department of Physics.
Rebecca Williams with her father, Philip Williams
Rebecca, who earned her bachelor’s in history in 2015, followed by her master’s in 2017, worked in Special Collections for another two years, and in early 2018, while organizing boxes, she made an unexpected discovery. “I came across a couple of boxes that said ‘basketball programs’,” she said. “I opened them up and found programs from ’84 to ’86. I started flipping through covers and found [my dad].”
Philip Williams was featured on one cover by himself and shared another with Dell Curry, an all-time Cassell Coliseum-banner legend who went on to a successful NBA career.
Rebecca laughed as she flipped through photos of Philip posing next to his stats. In one guide, he listed his favorite recording artist as Johann Sebastian Bach. “We liked to mess with those reporters back then,” Philip said in early April, sitting with Rebecca at a table outside Special Collections. “I did like Bach, but I was fooling around.”
Finding the archived basketball programs helped Rebecca connect faces with the stories she’s heard through the years, and the experience prompted her to write a blog post.
Rebecca and her father with another program that featured Phil on the cover.
“The [story] she shared in her blog post is a good one,” said Philip. “It involved our superstar, Dell Curry. During practice one day in the middle of the season, there was some typical tussling and scrapping over a rebound. In that struggle, I accidentally dislocated Dell’s shoulder. This is the middle of the season; you can imagine that was fairly shocking and traumatic for me in particular, because I was the one who did it. There were two things that were fortunate about that. Number one, Dell was very flexible in his shoulders, so that helped prevent for him what would have been a serious injury for someone else. We also we had our trainer and med staff right there to pop it back in immediately.”
Curry was well enough to play the next game, and he went on to a long career in the NBA, but the moment left an impression on Phil Williams, who has been telling it since: “I hurt the best player in Tech history and almost dramatically altered our team’s fortunes that year.”
Rebecca Williams finished her position at Special Collections in early April, and she is beginning the next stage of her life. But she’s taking with her the memory of finding that box and making new connections to further strengthen an already tight-knit family.
“Even when I’m working in unfamiliar collections, I find that I’m surprised by the connections I can make based on my own. That’s the joy of working in Special Collections: Even the most rudimentary tasks have the potential to lead to the greatest discoveries.”
Hidden treasure: Read Rebecca Williams’ blog post at vtspecialcollections.wordpress.com/2018/02/05/family-among-the-files/.
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Why are there so few women on the Sunday morning talk shows?
Senators John McCain (R-Ariz.) (L), and Charles E. Schumer (D-N.Y.) appear on “Face the Nation” on April 7, 2013. (CBS News/Chris Usher/Reuters)
By Gail Baitinger
On Sunday, NBC’s “Meet the Press” featured a segment called “Women in Charge.” The three women who lead Washington, D.C. — newly inaugurated Mayor Muriel Bowser, schools Chancellor Kaya Henderson, and Chief of Police Cathy Lanier — were interviewed about issues facing the District, as well as what it’s like to be a woman running a major city.
Regular viewers might have been surprised by the line-up. Panels of women in prestigious leadership positions are not common on the Sunday programs. One report last year found that men made up three-quarters of guests on the shows.
The prevailing wisdom is that bias against women contributes to their under-representation. For instance, a 2010 Politico story suggested that press secretaries for female members of Congress believe the Sunday morning programs “have a men-in-suits mindset that leads to familiar faces appearing over and over – and vital women’s voices being muffled.” On its Web site, the organization Name It. Change It. states that “Widespread sexism in the media is one of the top problems facing women.”
But my research suggests that this is not the case. Instead, I find that women tend to appear infrequently on the shows because of journalistic norms – such as the desire by the networks to create balance and conflict or to interview the sources they believe possess political power. Because women are less likely than men to possess these characteristics, they are less likely to appear on the Sunday shows.
How do I arrive at this conclusion? I examined every guest who appeared on ABC’s “This Week,” CBS’s “Face the Nation,” “Fox News Sunday,” NBC’s “Meet the Press,” and CNN’s “State of the Union” from January 2009 through December 2011. There were more than 1,000 individual guests who made approximately 4,800 appearances. The guests ranged from members of the administration to journalists to elected officials.
Consistent with previous research (but relying on a much larger set of data), I found that women — regardless of whether they are appointed or elected officials, journalists, or political activists — are less likely than men to appear as guests. The chart below shows the number of appearances by men and women on each of the shows. After accounting for repeated appearances, women comprise approximately one-quarter of the guests. This is true for all five shows; women’s representation never surpasses 30 percent on any of the programs.
Graph by Gail Baitinger
And this is the case within several different categories of guests. Whether elected officials (of which members of Congress make up the majority), journalists, activists, or others, men always outnumber women, as the graph below shows.
But once we look beyond the overall numbers, journalistic norms, not sexism, appear to determine which political actors appear on these programs. The most frequent guests on the shows are legislators with the most expertise and credibility — such as congressional leaders and members of prestigious committees. Members of the party opposite that of the president also garner more attention because these shows strive for balance and members of the out-party do not receive the same publicity for their message as the White House does. From 2009 through 2011, the Sunday shows brought on a disproportionate number of guests from the Republican Party to counter the Obama Administration.
This does not mean that sex is irrelevant. Instead, it highlights the fact that women in the pool of potential guests are less likely than men to have the attributes and experiences that make them seem newsworthy. During the years of the study, women comprised only 16 percent of U.S. senators, held just 15 percent of the leadership positions in Congress, and occupied only 16 percent of the seats on prestige committees. In addition, 90 percent of the GOP conference was men. If high-ranking Republicans are especially attractive as guests, then women are especially challenged.
Particularly problematic is that prospects for gender balance in the future remain bleak. The key to increasing women’s representation on the Sunday shows is increasing the number of women who enter the political arena in general. Yet Jennifer Lawless and Richard Fox find that women are less likely to run for office than men, and there is nothing to suggest that the gender gap in political ambition will decrease among future generations. In addition, Lawless and Sean Theriault find that female lawmakers retire from Congress earlier than men do, meaning that fewer women serve in office long enough to take on the leadership roles that would make them attractive to the Sunday morning shows.
The gender gaps in political ambition and tenure in office means that substantial gains for women as news makers are likely years away. As a result, panels like the one we saw Sunday on “Meet the Press”will probably remain a rarity.
Gail Baitinger is a Ph.D. candidate in the Department of Government at American University.
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Culture Briefs
By - The Washington Times - Wednesday, March 28, 2001
A 'treasure trove'
"It was a good day for American music when the soundtrack to the movie 'O Brother, Where Art Thou?' became one of the biggest-selling albums in the country, hitting No. 2 at Amazon.com, No. 14 on Billboard's Top 200, and No. 1 on the country music chart… .
"The album includes old but timeless songs like 'You Are My Sunshine,' 'Big Rock Candy Mountain,' and 'Keep on the Sunny Side.' …
"The central song of the movie and the soundtrack is 'I Am a Man of Constant Sorrow,' a pilgrimage song about the troubles of life until sorrow gives way to joy on the 'golden shores' of heaven… .
"The success of the 'O Brother' soundtrack may spur imitators and help music buyers discover a whole treasure trove of music and performers they never knew existed… .
'When medieval Christianity fell into corruption, the Reformation went back to the Bible. By the same token, repairing America as a nation means returning to the Constitution and the republican virtues that gave our nation its greatness. And part of that cultural greatness can be heard in its music."
Gene Edward Veith, writing on "Americana, the beautiful," in the March 24 issue of World
Sports sleaze
"In 1960, four-letter words were still unknown in public discourse. Among the elites, they were used sparingly, even in private. Free use of vulgar language among adults was declasse. Now switch to the fall of 2000 and a Sports Illustrated article about the Oakland Raiders, in which the author conveys the reason for the new coach's success by quoting the apercu of one of Oakland's star players: 'He don't take no s-, and he knows his s-.' …
"The editors of Sports Illustrated, a glossy, upscale magazine, had no reason to think they would offend their readership. Everyone does it as indeed everyone does… . At issue is the cultural significance of choosing to approve the vulgar and the illiterate, both of which used to be classic indicators of the underclass… .
I find the intriguing element here to be the respectfulness extended toward the underclass appearance. No one in the public eye calls any kind of dress 'cheap' or 'sleazy' anymore.
"Sexual behavior? As late as 1960, sleeping with one's boyfriend was still a lower-class thing to do. Except in a few sophisticated circles, a woman of the elites did it furtively and usually with the person she expected to marry. Behavior that is now considered absolutely normal was considered sluttish in 1960."
Charles Murray in "Prole Models: America's Elites Take Their Cues from the Underclass" in the March issue of "On the Issues" from the American Enterprise Institute
'Limb from limb'
"Teddy Kennedy, the famed moral exemplar, read his former senatorial colleague John Ashcroft the riot act during confirmation hearings.
"Ashcroft was extreme; his constitutional understanding of gun control was 'radical.' The senatorial face grew flush presumably with anger, since it was a bit early in the day for more potent stuff.
"Sen. Joe Biden of Delaware was likewise ticked. Why, this man this Ashcroft had given an interview to Southern Partisan, the very existence of which was offensive to '20 million African-Americans.' He was assuming 20 million African-Americans so much as knew the interview existed a questionable point, to say the least.
"And there was Sen. Barbara Boxer. She wasn't going to vote for 'someone … so far out of the mainstream that divides the country' the mainstream as defined, evidently, by Senator Boxer… .
"Confirm the guy? You had to wonder, toward the end of the hearings, how Ashcroft's erstwhile Democratic colleagues had managed all these years not to rend him limb from limb."
William Murchison, writing on "Cultural Revolutions," in the April issue of Chronicles
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3 RepliesJump to last post
Philo Kvetch
The poor man is down to his last $70 million or so.
Madoff Claims He’s Entitled to Keep $7M Manhattan Apartment
PrintShareThis
Dec. 17, 2008: Bernard Madoff, chairman of Madoff Investment Securities, returns to his Manhattan apartment after making a court appearance.
NEW YORK — Bernard Madoff and his wife claim they are entitled to keep a $7 million Manhattan apartment and an additional $62 million in assets.
Court papers filed on Monday state that Madoff and his lawyer say the Manhattan penthouse and money held in accounts of Madoff’s wife, Ruth, are not subject to seizure.
The court papers say Madoff claims the apartment and the $62 million are unrelated to a $50 billion fraud Madoff has been accused of carrying out.
The $62 million includes $45 million in municipal bonds on deposit in an account held by Ruth Madoff and $17 million in her name at Wachovia Bank.
Madoff has been confined to the apartment under house arrest as the government investigates how he allegedly carried out the sweeping fraud.
SometimesNowhere
That money will do a lot of good for him with a pitch fork in his face, I doubt they take muni bond interest payments as a form of currency down there. Somebody ought to send him Dante’s Inferno as a travel brochure.
Mar 6, 2009 6:20 am
mojo99
God I hate this guy. Why the courts would even entertain this request is beyond me. I don’t care if he goes to jail or not, I just want him to have nothing but the shirt on this back when they’re done. He’s 70, Wal Mart will hire him.
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Home / Features / In Depth: Barcelona
In Depth: Barcelona
By Andrew Moore on November 22, 2017
Ugly scenes have penetrated the sunny vibe of one of Europe’s most beautiful cities in recent months. It’s easy to paint a portrait of doom and gloom when you see police batons raining down on fire-fighters in an attempt to viciously grasp the throat of independence until it chokes and dies. This is not true Barcelona. Those who hold the city close to their hearts know that.
The spirit of Barcelona can be found in its art, its music and its people. The city’s electronic music scene has rapidly risen since the creation of Phonos in 1974 – a concept conjured up by J.M. Mestres Quadreny, Andres Lewin-Richter and Luis Callejo in order to pioneer electro-acoustic music in Spain.
“It’s probably one of the most creative cities in Europe and has been considered this for many years”, explains Solar Distance label head UNER. “I am sure back in the 70’s it had a very hedonistic vibe to it, and to a certain extent is still does now.”
“We have many street vendors, artists, musicians all together in one very artistically beautiful city. The feeling you get here is to ‘chill’ and many people who come to visit and live here do just that. I heard some people say that it sucks you in too, a lot of people come here and learn the ‘good life’ and never leave.”
Suara store, Barcelona
Nowadays, at first glance, the mainstream onlooker could be forgiven for feeling that the city’s electronic music scene revolves around big name DJ’s and flashy events, much like it’s rowdy Ibiza neighbour. However, this could not be further from the truth. Much has changed in the last forty three years. Scratch under the surface and you’ll find that the sound is varied. You can hear anything from the wavey vibes of Wooky to the banging techno sounds of Shall Ocin and the tribal, party atmospheres of UNER.
“There’s an endless exchange of cultures”, explains Argentinean born Shall Ocin. The Clash Lion label head re-located to Valencia in 2006 before heading to Barcelona shortly after. Now, he’s established himself as one of the finest techno composers residing in the city, and he’s keen to inform me of other artists that are also making some serious waves.
“Back in the days, Funk D’Void was a very big influence for me. There are also other cool DJs, labels and producers I’ve played with that are from the city, like Pablo Bolivar and Galaktika Records, but of course I have to mention Ellum and Maceo Plex, an incredible label and a good friend.”
You cannot speak about Barcelona’s electronic music community without mentioning Suara. The label was established in 2008 by ‘The Big Cat’, Coyu, and now houses some of the finest party music from the house and techno worlds. Their store even doubles as a charity with part of the benefits going towards the aid of the city’s hundreds of street cats.
UNER chimes in with his view on some of the finest work in the city. He tells me, “Mindshake, owned by Paco, has been here for a long time, and is one of the very best known Barcelona based labels with parties here and all over the world.”
“Elrow has to be one of the best loved parties in the world now and it all started here in Barcelona – at Row14. Their label is also based here, and I think that the concept has now become one of the most recognised electronic music brands in the world.”
Discos Paradiso
Elrow certainly has become one of the biggest names in dance music, but I’m keen to look even further into the depths of Barcelona’s subterranean. “I still love the underground”, explains Shall Ocin. “The low key, the small venues, the street parties… The underground is where the future is, isn’t it?”.
“I’m a huge fan of Red58, Macarena and Moog. It’s always possible to see unexpected and fresh new talents there.”
Music heard throughout the venues of Barcelona had largely been imported before local artists started making their mark. The record stores of the city symbolise gold mines to the contemporary selector. Discos Paradiso, run by Catalan music enthusiasts Gerard Condemines and Arnau Farrés, opened its doors in 2007 and is now regarded as one of the finest record stores in Europe. It’s the hub of Barcelona’s music scene, promoting both local and far out releases.
The mention of a central hub meanders our conversation in the direction of Barcelona’s most beloved musical son, Sonar. The festival was founded in 1994 by music journalist Richard Robles alongside visual and musical artists Enric Palau and Sergio Caballero and has evolved from a concept attended by only six thousand people to one of the most culturally important and impactful projects that exists within today’s contemporary soundscape.
Sonar 2017
“I think that the Barcelona scene would be completely different without Sonar”, bluntly states Shall Ocin. “It has a very serious concept, looking at electronic music from the artistic until the scientific side. The artist selection is flawless, and the educational part is also really important. It’s always nice to remember that there’s a lot in the electronic scene that is just not partying.”
UNER echoes these views, explaining that the introduction of Sonar has also contributed massively to the economy of the city.
“Next year will be its 25th anniversary. It’s crazy to think it’s been going for so long and year after year things just keep getting bigger and better.”
“It’s important for the economy here too; there is a massive influx of tourists to the city during the week. I think with Sonar we have the +D events, which reminds me of the format of ADE in a way – it enables creative minds, and industry people to link together, learn from one another and teach people who want to enter this industry. This is important, as much as going to parties and seeing your favourite DJ’s play. Many people still just come for the party though, but it’s nice to think that they may go to a night and see a new artist play, who they find a new love for, and that’s all part of learning more.”
Street mural, Barcelona
Sonar is a real reflection of Barcelona’s leftist attitude towards dance music, something that will feel alien to those residing in the UK. Here, the government seems to realise the pull that electronic music can bring. Millions are generated through tourism and exciting and culturally impactful ideas are given the chance to bloom and flourish.
Shall Ocin identifies the youth as having a direct, positive impact on gentrification within the city.
“Young people are really organized about their rights and, of course, the city knows the value of the club culture and festivals like Sonar for the city.”
“Of course there is gentrification here as well; especially because of the huge amount of tourists – this has been making the rent prices rise, but the mayor is already trying to take care of this situation. I really hope it does not affect the club culture.”
In Barcelona, open mindedness wins. A laid back attitude that ignores the traditional hustle and bustle of city life – in this opposite world, slow beats fast.
UNER points out that the city’s location has quite a lot to do with its residents care free aesthetic.
“Everyone is laid back, life is a slower pace here, and people enjoy and appreciate the arts – music included.”
“The city is unique in the sense that it has a very rich culture with its museums architecture and also deep connection with the arts, with Gaudi leaving his imprint all over the city, but its location – right on the coast, means that you can be in the middle of the city in a minute, and walk another fifteen to be on the beach. It has everything including mountains, and parks and so much scenery.”
It’s easy to see why people arrive and never leave.
Find Barcelona on SoundCloud: Shall Ocin, UNER, Clash Lion, Solar Distance, Suara.
Related ItemsBarcelonaclash liondiscos paradisosin depthShall Ocinsolar distanceSonarsoundspacesuaraUner
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New walking book for all abilities aims to shine a light on the Washburn Valley's rich history
By Jim Jack
AS the founder of The Wainwright Society Otley resident John Burland has always worn his love of walking on his sleeve.
For several years he has put on dramatic one-man shows about the legendary fellwalker, Alfred Wainwright, raising thousands for charity in the process.
Then in the Spring of 2015 he had a walking book about his beloved Yorkshire Dales - the result of four years of research - published.
John received an unwelcome surprise last autumn, however, when he was made redundant.
But he has made good use of the extra time by pushing on with a new book, this time focusing on the Washburn Valley, while job searching.
He said: "I thought I might as well make the most of the opportunity.
"While I'm looking for work this looked like an obvious project to keep busy - rather than sitting at home watching Jeremy Kyle!
"We don't have a definite title for it yet but it will be something like Walks in and Around the Washburn Valley Area.
"The book will have eleven walks in total, including a short town centre one in Otley and another from Otley to Knotford Nook and back.
"But the others will all be in the Washburn Valley and include circular walks around the reservoirs.
"They'll range from three miles to a full 25 mile trek from Otley to the top of Thruscross and back - though most are four to seven miles."
The 63 year old had approached the publishers of his previous work, Yorkshire Walks - 6 Dales - 30 Walks, to see if they would be interested in his new idea.
Sigma Press, pleased with sales of the earlier book, were quick to voice their support.
As well as detailed directions and maps John is determined to include lots of local history in the new book, whose routes also take in Lindley Wood, Leathley, Riffa and Stainburn.
He said: "I've been walking in the area since I was at Prince Henry's Grammar School, 50 years ago.
"There's a lot of history in the area that you can delve into and that's what I've tried to do.
"I've been reading up a lot on the history of the area and will be using details from that including snippets - with her permission - from Ilkley-based author and historian Diana Parsons' The Book of the Washburn Valley.
"Some of the best feedback from my first book was that it was enjoyable to sit at home and read, as well as a useful walking guide."
The Washburn guide will include photographs taken by John, too.
The publication date is to be decided but he is hoping for a summer, 2016, release.
Guiseley WW1 soldiers remembered in new book
Author writes first novel in back of a horsebox
Chef cyclist shares recipes and stories of his three Tours challenge at Booths in aid of Cure Leukaemia
Leeds Trinity graduate launches poetry collection
Insight into the life of a walking legend
Short story collection is high on emotion
Review: The Science of Food by Marty Jopson published by Michael O’Mara Books. £12.99
God's own county gets its own beer Bible
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Nova J. Daly
Wiley Rein’s Nova Daly Discusses Cnooc-Nexen Deal in BNN Interview
Business News Network
Nova Daly, a public policy consultant in Wiley Rein’s International Trade Practice, was interviewed by Canada’s Business News Network (BNN) on November 30 for a televised segment on the U.S. review of Cnooc Ltd.’s proposed $15 billion acquisition of energy company Nexen Inc.
The deal between Cnooc, a Chinese state-owned (SOE) oil producer, and Calgary-based Nexen requires approval by Canadian regulators and the U.S. Treasury Department’s Committee on Foreign Investment in the United States (CFIUS), according to the report.
The U.S. review will focus on the national security implications of Cnooc acquiring Nexen’s assets in the Gulf of Mexico, said Mr. Daly, a former Treasury Deputy Assistant Secretary for CFIUS. He predicted that the deal ultimately will win regulatory approval in the U.S. and Canada.
“It’s just a matter of the parties dealing with some of the conditions both governments may be doing and being willing to accept those conditions,” Mr. Daly told BNN.
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Third osprey chick hatches at wildlife reserve
Osprey chicks
The third and final chick of the season has hatched at a Scottish wildlife reserve.
The chick emerged from its shell at 5.12am on Thursday, watched by staff and webcam viewers from around the world.
It emerged around 20 hours after people noticed signs that the egg was hatching at the Loch of the Lowes reserve in Perthshire.
The first chick of the season hatched at about 7.20pm on Saturday followed by the second chick around 24 hours later.
The latest arrival is the 13th chick for female osprey LF15, known as Lassie, and her mate LM12, known as Laddie.
Sara Rasmussen, Perthshire ranger at the Scottish Wildlife Trust, said: “Thanks to players of People’s Postcode Lottery, our team has been keeping watch on the nest around the clock since the end of March.
“We had hoped to see this chick hatch yesterday, which marked 50 years to the day since Loch of the Lowes became a reserve, but nature always has other plans.
“It’s an absolute delight to see all three chicks hatch successfully. We’re now looking forward to seeing them develop over the summer.”
The trust’s Osprey Protection Programme is supported by players of the People’s Postcode Lottery.
Ospreys were extinct in Britain for much of the 20th century.
They began to recover in the 1960s and today around 250 pairs breed in the UK each summer
The Scottish Wildlife Trust said this recovery is due to the efforts of conservation charities.
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March 14, 2018 Russ Winter Articles by Russ Winter, Crime, Hidden History, US News, Winter Watch Articles 6
Still from 'The Manchurian Candidate' (1962)
One for the ages.
William Joseph Bryan, Jr. (1926–1977) was an unsung heavyweight operative in the annals of Crime Syndicate history. He was a true mad genius who definitely lived large and carried out some of the greatest patsy brainwashing feats ever.
Bryan was one of the founders of modern hypnotherapy, and his work notably found use in psychological warfare during the Cold War. On May 4, 1955, he founded the American Institute of Hypnosis. He was the great grandson of William Jennings Bryan.
Holding an M.D., J.D., and PhD, he was involved in research for the CIA, including Project ARTICHOKE and its successor, Project MKUltra, a research project into behavioral engineering of humans.
Although few could claim to be more skilled as a Luciferian psychopathic Crime Syndicate operative, Bryan didn’t fare so well in private practice. He set up a medical and hypnotherapy office on Sunset Strip in Hollywood and used this as an aegis for wide-ranging symposiums on such topics as “Successful Treatments of Sexual Disorders.”
“I enjoy variety and I like to get to know people on a deep emotional level,” Bryan once told a magazine interviewer. “One way of getting to know people is through intercourse.” In 1969, the California Board of Medical Examiners found him guilty of unprofessional conduct for sexually molesting four female patients who “submitted” under hypnosis.
Bryan’s other main failing was his tendency to talk too much and brag as ego fulfillment. One can sort of understand why given his incredible track record.
As a consequence, it seems likely he was disposed of at age 50. In the spring of 1977, Bryan was found dead in a Las Vegas motel room. He died “from natural causes,” the coroner said. Curiously, the cause of death was declared even before the official autopsy, and the details were all over the map and inconsistent. Some reports assert that he died of heart attack, others state he was shot to death, and still others claim he committed suicide after having a three-day party of sorts with two underage prostitutes.
Thereafter, two Beverly Hills call girls, who claimed to have known Bryan intimately, spoke out. The girls had been “servicing” him for four years, they said, and usually both were present at the same time. During the last year of his life, they said, he was deeply depressed. He became strung out on drugs, and his groin and thighs were pocked with bruises from hypodermic needles.
The girls said that to relieve Bryan’s depression, they repeatedly titillated his enormous ego by getting him to “talk about all the famous people you’ve hypnotized.” As if by rote, Bryan would begin with his role of deprogramming Albert Di Salvo in the Boston Strangler case for F. Lee Bailey, then boast that he had hypnotized Sirhan Sirhan.
The girls didn’t sense anything unusual in the Sirhan angle, for Bryan had told them many times that he “worked with the LAPD” (Los Angeles Police Department) on murder cases. However there is no offical record of Bryan being on the scene with police after the RFK hit. One of the girls thought Bryan had mentioned James Earl Ray once but wasn’t sure. But both girls were certain of the name Sirhan Sirhan.
In October 1977, American Express Company awarded the LAPD a $10,000 grant for “pioneer work in developing hypnosis as an investigative technique.” It has been established that Ray, while residing in Los Angeles immediately prior to the assassination of King, did consult with a hypnotist named “Xavier Von Koss”.
The call girls also linked Byran to the CIA. He repeatedly confided to them that he was a CIA agent involved in “top secret projects.” Upon his death, Bryan’s offices were sealed off to newsmen by his estate’s probate lawyer, John Miner, an attorney who had helped prosecute Sirhan during his tenure as deputy district attorney.
There are also claims the Brian hypnotized and programmed would-be assassin Arthur Bremer to kill Alabama Gov. George Wallace, Jr. in Maryland. Bryan’s secretary later revealed he had received an emergency call from the town of Laurel, Maryland, only minutes after George Wallace was shot.
There are other indications that Bremer had been groomed. Gore Vidal, who had a good nose for skulduggery, argued that E.H. Hunt (another Crime Syndicate superstar spook operative) might have written the diary that was found in the car of Bremer. In May 1974, Martha Mitchell visited Wallace in Montgomery. She told him that her husband, John N. Mitchell, had confessed that Presiential aide Charles Colson had a meeting with Arthur Bremer four days before the assassination attempt.
In his book “The Taking of America,” Richard E. Sprague argued that Donald Segretti and Dennis Cassini supplied money to Bremer before he attempted to assassinate Wallace. Others have claimed that Bernard L. Barker, one of the Watergate burglars, was used to pass this money to Bremer.
And last but by no means least, Bryan was a close associate of JFK-plot suspect David Ferrie, having taught Ferrie hypnosis. Bryan, like Ferrie, “was a member of the Old Catholic Church” [A Secret Order, H.P. Albarelli, pg. 435].
The New Nationalist’s (TNN) primary source in the following is “The Assassination of Robert F. Kennedy, Conspiracy and Coverup” by William Turner and John Christian. Also in the book “Nemesis”, British author Peter Evans, claims to have identified Bryan as being behind Manchurian Candidate mind-control programs.
Indeed, Bryan was so flamboyant that he served as a technical adviser on the filming of “The Manchurian Candidate.” In the movie, anti-hero Raymond Shaw’s captors in North Korea brainwash him and program him through hypnosis to act as a “hit man.” Then, upon receiving instructions, he kills and without any recollection of having done so. Bryan also claimed to once been a drummer with the Tommy Dorsey Band in which he rubbed shoulders with Frank Sinatra, who had the starring role in the original movie “The Manchurian Candidate.”
Another of Bryan’s written works was “The Chosen Ones: The Art of Jury Selection.” He teaches how to use hypnosis on jury members to win one’s case. There is an odd we-aren’t-in-Kansas-anymore rendering of a naked man and woman on the book cover.
On the back of the book, the author is described: “In addition, Dr. Bryan served as an Electronics Engineer in the Navy in World War II, was Director of all Medical Survival Training for the United States Air Force, and is a leading expert on brainwashing.”
Bryan declared in another of his books, “Legal Aspects of Hypnosis” [published in 1958 by Charles C. Thomas Co, Springfield, Illinois]: “It is impossible by means of hypnosis to force a subject to commit an act which violates his basic moral code. … But as the annals of crime attest, a person’s inherent reluctance to commit a crime can be overridden by conditioning him to believe that the act he is performing is in the interest of a high moral purpose. A civilian conscript who has never harmed a fly will kill the enemy in wartime in the interest of protecting his country and family, and hypnotic subjects can be inculcated with the same type of lofty imperative …”
From the time police seized Sirhan Sirhan with a .22-caliber revolver in his hand in the pantry of the Ambassador Hotel in June 1968, he has maintained that he was hypnotized into shooting Sen. Robert F. Kennedy.
Sirhan’s lawyer, Lawrence Teeter, has also always maintained that his client was under hypnosis at the time of the shooting. Both Evans and Teeter argued that Sirhan was there as the “patsy” to be either arrested or, preferably, shot to death by police while the real assassin escaped. They both agreed that although Sirhan fired some shots before he was wrestled to the ground, none of them hit Kennedy.
William Turner and John Christian contend that Bryan was responsible for inducing Sirhan Sirhan to fire blanks at Robert F. Kennedy with posthypnotic suggestion.
Evans contends Sirhan was hypnotized during a three-month period known as the “white fog” when a police task force later investigating the assassination — and trying to construct a meticulous timetable of Sirhan’s activities up until the shooting — lost track of him. Evans quotes LAPD Detective Bill Jordan, who was Sirhan’s first interrogator, as saying the investigators were unable to penetrate the “white fog” surrounding the 12-week gap about which Sirhan appeared to have total amnesia.
Evans also reproduced parts of Sirhan’s diary that contain what he says are “trance-like” entries and which some psychiatrists he interviewed identified as “automatic writing,” a technique sometimes used by hypnotherapists to implant ideas in the subconscious of a hypnotized patient. Among the entries in Sirhan’s notes was this one referring to a “master” approaching him “to do it.”
Sirhan was programmed while working at racing stables in Santa Ana, Calif. A co-worker at the stables was Thomas Bremer, brother of Arthur Bremer, who shot Gov. George Wallace in 1972. Not many miles from the stables is a synagogue that was used for mind-control purposes. Its rabbi was a “former” member of U.S. Naval Intelligence.
Bryan cites himself as “the leading expert in the world on the use of hypnosis in criminal law,” and he was often called upon by the LAPD to perform hypnotism on its suspects.
Bryan’s hypnotism of the Boston Strangler (who thereafter confessed to the crime) actually links Bryan to the assassination of Robert F. Kennedy because, under hypnosis, Sirhan Sirhan robotically wrote in his notebook, “God help me … please help me. Salvo Di Di Salvo Die S Salvo.”
This mention of the Boston Strangler by Sirhan Sirhan was so out of character (and how would a Palestinian immigrant in Los Angeles know about the Boston case, let alone Di Salvo’s name?) that it’s surmised he heard the name while under hypnotism. Bryan, being fixated on the Boston Strangler, is thereby implicated as Sirhan’s hypnotist/mind-controller/programmer.
John Money, the Charlatan Godfather of the Transgender Movement
July 6, 2018 Russ Winter 4
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September 10, 2018 Russ Winter 6
Patton Assassinated to Suppress His Criticism of Post-War Policy
6 Comments on William Joseph Bryan: Crime Syndicate Patsy, Set-Up Miastro Extraordinaire
James Chase October 24, 2018 at 7:24 pm
I was floored to learn that Thomas Bremer (Arthur Bremer’s brother) and Sirhan Sirhan were co-workers.
Arthur Bremer’s sister Aiken was part of Rev. Jerry Owen’s congregation.
Rev. Owen told LAPD that he had met Sirhan Sirhan – calling himself “Joe” – accompanied by two others (a male and a female). He said the trio were hitchhiking and he picked them up. Sirhan / “Joe” discussed meeting him at the Ambassador the following night to buy a race horse. Upon his arrest, Sirhan had $400 (cash) in his pocket. Furthermore, witnesses saw him enter the Ambassador with a still-unidentified male and female.
Former FBI agent William Turner interviewed Rev. Owen for one hour and he reaffirmed this story. Turner, however, found that he had a “pre-existing custodial relationship” of some type with Sirhan.
When RFK was killed, Rev. Owen was meeting with a business partner of Mickey Cohen – a lieutenant of Meyer Lansky and an associate of Jack Ruby.
Is the world really this small?
Mark from Wisconsin March 14, 2018 at 4:14 pm
… would-be assassin Arthur Bremer to kill Maryland Gov. George Wallace. …
Russ, is that a typo? He was Alabama governor, correct?
Torchy Blane March 14, 2018 at 4:24 pm
Transposition error — thanks for the catch!
On another note, anyone see that Stephen Hawkings just died? Yeah, 55 years after his initial ALS diagnosis; got to be some sort of medical record. Who knew the later stages off ALS turned your face rounder, grew bottom teeth and blonder hair.
John C. March 15, 2018 at 9:09 am
Mark, see Miles Mathis regarding Stephen Hawking here http://milesmathis.com/hawk3.pdf
Mark from Wisconsin March 15, 2018 at 12:22 pm
Yes, I did in fact read that and it was the start of my skepticism, beyond the medical anomaly of it all. What’s even more interesting is to read the comments where ever this article is used to even discuss the subject. The attack from the left is unusually fierce. I suppose you are not only attacking their cognitive dissidence but also their holy grail of ‘global warming’ … or is it ‘global cooling’? … oh hell, let’s just call it ‘climate change’ to cover all our bases.
Leave a Reply to Torchy Blane Cancel reply
Hollywood Sex Abuse is a Century Old, Charlie Chaplin Raped Kids and He’s Hailed As a Hero
Was Mesolithic Doggerland the Inspiration for the Legends of Atlantis and The Flood?
WTC South Tower Powered Down for 36 Hours Days Before Attack, Security Deactivated, Suspicious Workers Seen During Blackout
Sherlock Appraises the ‘Dzhokhar Tsarnaev’ Show-Trial ‘Evidence’
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What is Bacteriophage?
Bacteriophage are widely used in genetic research.
Written By: Mary McMahon
Edited By: O. Wallace
A bacteriophage is a virus which infects bacteria. These viruses typically cause their hosts to die as a result of infection, which makes bacteriophages of great interest to the medical community and to scientists who cultivate bacteria. In industries where bacteria are harnessed to perform tasks such as the fermentation of foods or the production of useful chemicals, contamination with bacteriophages is a major source of concern, as the viruses can bring a process to a complete halt.
Humans have been aware of the action of bacteriophages for centuries. Many observers noted historically that consuming water from certain places seemed to confer protection against disease. This water was teeming with bacteriophages which could attack the bacteria causing the disease, although these observers were not aware of this fact. Over time, people began to wonder what it was about waters such as those found in the River Ganges that provided protection from disease, and bacteriophages were discovered.
These viruses can contain DNA or RNA, along with proteins which can match to specific receptors on target bacteria. Because their receptors are customized to match up with particular proteins, bacteriophages generally infect only closely related bacteria, leaving others alone because they lack the ability to infect them. When a bacteriophage finds a bacterium with proteins which match its receptors, it can insert DNA or RNA into the bacterium and direct the organism to start producing replicas of the virus.
In the process of replicating the bacteriophage, many bacteria will experience lysis, in which they break up or dissolve, literally exploding as they become overloaded with viruses. Others may be able to survive the replication process, but they will eventually be prone to other problems which inhibit reproduction, effectively killing off the bacteria.
Phage therapy, or deliberate introduction of bacteriophages to the bodies of patients with bacterial infections, has been suggested in some regions of the world as a method which could be used to treat disease. Treatment with phages could also potentially address the issue of antibiotic resistance, as a bacteriophage can still lock on to a bacterium which has developed resistance to antibiotic medications.
These tiny viruses appear to be among the most common viruses in the world, and they can be found everywhere. This is perhaps not surprising, since bacteria can also be found everywhere, and the ability to prey on bacteria would ensure that a bacteriophage had a steady supply of victims.
What is Virology?
What are Macrophages?
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vogueknit17
I think I saw these in a biology textbook at some point, but I forgot what they were called. Looking them up now, I remember the bacteriophage structure looked like sort sort of alien space ship. It's hard to believe they have been around forever, but maybe that's how people felt when humans first discovered germs at all.
sherlock87
@afterall- I had heard that too, that viruses are not alive. But it seems to be a big debate, because articles in magazines and encyclopedias often talk about the bacteriophage "life cycle", or refer to viruses as microbes, even though they don't have all the aspects of a living thing.
I learned about how a bacteriophage works in high school and college biology. It was really fascinating because they still seem to stump scientists. Viruses don't technically seem to be "alive", but they can still do things like carry DNA and destroy bacteria, which technically are alive. I always thought it was sort of scary, really.
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Pelosi: 'Nothing is off the table' to enforce subpoenas
By LISA MASCARO AP Congressional Correspondent |
Posted: Thu 1:45 PM, May 16, 2019 |
Updated: Thu 1:52 PM, May 16, 2019
WASHINGTON (AP) — House Speaker Nancy Pelosi says "nothing is off the table" in pushing the White House to comply with subpoenas for information, including fining administration officials through what's called inherent contempt of Congress.
House Speaker Nancy Pelosi called the White House counsel's letter to the Judiciary Committee resisting all requests for information "a joke" and "beneath the dignity of the president of the United States." / Source: CNN
Pelosi said Thursday she hopes it doesn't come to that. But she called the White House counsel's letter to the Judiciary Committee resisting all requests for information "a joke" and "beneath the dignity of the president of the United States."
The White House said it would not comply because the congressional inquiries have no "legislative" purpose.
Pelosi said House Democrats aim to "subpoena friendly," then "subpoena otherwise."
She noted that one of the constitutional purposes of congressional investigations is impeachment. "It doesn't mean you're going on an impeachment path," Pelosi said. "It means if you had the information you might."
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Becky Lynch Talks Being Compared To "Stone Cold" Steve Austin, If She's A Heel Now
By Joshua Gagnon | September 22, 2018
Becky Lynch spoke with the Las Cruces Sun News about Jim Ross' comparison to "Stone Cold" Steve Austin, if she's a heel now, and WWE Evolution. Here are some of the highlights:
Her feud with Charlotte and if she's a heel now:
"Whatever I am doing right now, I am loving it. Whatever this is, I love it. Just in general, people around the world … you try and be the nice person, always. Everybody. And I think this is so relatable. For the most part, people are generally good and want to do the right thing. And sometimes, it just backfires on you. My dad used to always tell me no good deed goes unpunished. And I think that's what you're seeing with Becky right now, that she's always done the right thing and it hasn't gotten her where she wants it.
"And now she's had enough and she's saying 'I don't care who's in my way.' I left home at 16, traveled the world and slept on people's couches. I came with a goal and I haven't gotten that because I have been too focused on doing the right thing always when other people aren't. That's what we're seeing and she's had enough … she's not letting them be an obstacle anymore."
Jim Ross comparing Becky Lynch to "Stone Cold" Steve Austin:
"That means the world. You can't get a better comparison than being compared to 'Stone Cold' Steve Austin. He's one of the greatest. He's so smart in how he did things, his reactions and how we would sell things. Just his charisma and how we would talk. It was impossible to not want to cheer that guy because he was doing what we all wanted to do. None of us want to take crap from anybody and I think that's the same thing Becky Lynch is doing right now too. That's the highest honor you could possibly be given."
Becky Lynch Reveals Which WWE Legends Inspired Her
WWE Evolution:
"As soon as it was announced, I said I am going to walk in there as a champion, I am going to the main event show and I am going to walk out as champion. The goal is to be the main event of Evolution, have everybody talk about it and have it be the best pay-per-view of all time, and of course, the best main event of all time because Becky Lynch is going to be in it and she's going to bringing a whole of straight fire."
Lynch also discussed working her way towards WWE. You can check out the full interview by clicking here.
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Becky Lynch On Her 2018 & 2019, Title Match Set For WWE NXT UK Takeover, 2018 NXT Year-End Awards
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Important 20th Century Design 25 September 2005
Georges Jouve 1910–1964
Georges Jouve was born in Fontenay-sous-Bois, France in 1910. He began his formal training in design and sculpture first at the École Boulle, and then later at the Académie de la Grande Chaumière. After graduating in 1930, Jouve worked as a stage designer. Jouve was a drafted into the army in 1939. After a battle, Jouve was taken prisoner by the Nazis and interred in a German camp. After several unsuccessful escape attempts, Jouve fled to his parent’s home in Drôme in the South of France. It was in this town that Jouve began to learn the medium of ceramics, to which he applied his knowledge of sculptural forms. In 1945, Jouve moved to Paris, and he opened an atelier for ceramics on the rue de la Tombe-Issoire. Jouve’s modernist ceramics caught the eye of famed designer Jacques Adnet, who invited him to exhibit his work at the La Ceramique Contemporaine show with the Compagnie des Arts. With the support of Adnet, Jouve began to exhibit regularly at design salons like the Salon de l’Imagerie and the Salon des Artistes Décorateurs. The French Ministry of Higher Education asked Jouve to exhibit his ceramics worldwide, and his works were shown in Rio in 1946, Helsinki in 1948, and Rome in 1950. Jouve passed away in 1964, but he left behind a groundbreaking legacy of biomorphic ceramics that redefined craft with their sculptural forms.
Auction Results Georges Jouve
Georges Jouve
Important sculpture
estimate: $50,000–70,000
result: $125,000
result: $50,000
rare Sablier vase
Freeform table lamp
collection of eight Cylinder vases
estimate: $9,000–12,000
table lamps, pair
estimate: $5,000–7,000
sconces, pair
bowls, set of two
Cylinder vase
result: $9,600
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Thomas Friedman and Iraq: A bad case of amnesia
By David North
Bill Van Auken of the World Socialist Web Site has recently commented on New York Times columnist Thomas L. Friedman’s reply to readers critical of his support for the United States’ invasion and occupation of Iraq. (See “Friedman on Iraq—the “thinking” behind the New York Times’s debacle”.) Van Auken provided a concise and damning analysis of Friedman’s tortured justification of his endorsement of the war.
There is one extraordinary statement Friedman made in defense of his record, however, that merits separate attention. “As readers of my column know,” he wrote, “I barely even mentioned the word Iraq for the first eight years that I was a columnist. I really only came to the Iraq issue when the country came to it, post 9/11, when the Bush administration decided it was going to invade Iraq come what may.”
As it would be impolite to call Mr. Friedman a liar, I would suggest that he is suffering from some strange form of selective amnesia—perhaps a sort of Political Alzheimer’s—that has destroyed his capacity to remember columns that might be a source of professional embarrassment.
The easily accessible archives of the New York Times establish that Iraq and the regime of Saddam Hussein were one of Friedman’s principal concerns in the decade that preceded 9/11 and the subsequent invasion of Iraq. This is hardly surprising, for the United States did not—as Friedman absurdly claims—discover Iraq only after September 2001.
In the aftermath of the Desert Storm military operation of 1991, Iraq remained the focus of foreign policy debate in the United States—a policy obsession fueled by the anger of right-wing policy institutes that deplored the failure of the first Bush administration to occupy Baghdad and oust the regime of Saddam Hussein. The reluctance of the Clinton administration to commit the United States to a full-scale war against Iraq, for fear of the political and military consequences, was subjected to virtually unending denunciations by the Republican Party and wide sections of the media throughout the 1990s.
Friedman played a significant role in this campaign, writing numerous columns in which he promoted the myth that Saddam Hussein’s regime either possessed or was developing weapons that threatened the United States, and lambasting the Clinton administration’s unwillingness to face up to the scale of the supposed danger posed by Iraq.
Let us cite just a few examples of Friedman’s opus from the archives of the Times.
In a column dated November 6, 1997, entitled “Head Shot,” Friedman wrote:
“When you think about how the US should respond to Saddam Hussein’s latest attempt to evade UN sanctions, just keep this in mind: Saddam Hussein is the reason God created cruise missiles. Cruise missiles are simply the only way to deal with him.”
Asserting that “Saddam is up to something serious this time,” Friedman demanded that the Clinton administration undertake decisive measures, insisting that “it cannot be just to obliterate those sites where he [Saddam] is still hiding weapons [sic]—although that’s important. The US has to try to destroy him too. Because the worst of all worlds would be if we destroy his weapons but he survives and throws out the UN inspectors. He would then be able to rearm without anyone watching Iraq. And he will try to rearm.
“Given the nature of world politics today, and given America’s feckless allies, the US will get only one good military shot at Saddam before everyone at the UN starts tut-tutting and rushing to his defense.
“So if and when Saddam pushes beyond the brink, and we get that one good shot, let’s make sure it’s a head shot.”
In this column, loaded with the pretentious tough-guy jargon that is Friedman’s trademark, so many of the themes that were to be employed by the Bush administration in the immediate run-up to the invasion of March 2003 were already visible: Saddam’s hidden weapons, the feckless Europeans and tut-tutting United Nations who are too frightened to fight, and the need for decisive action by the United States to destroy Saddam.
Friedman escalated his campaign for a military assault on Iraq in 1998. He wrote on January 6 of that year:
“Saddam Hussein must be feeling pretty cocky right now. Yes, he’s learned all the lessons from Gulf War I: Don’t make yourself an easy target. Cooperate with UN inspectors just enough so that the US can’t bomb you, but not enough so that they’ll ever find the germ weapons you’re making in your palaces. It’s a strategy that has the White House tied in knots. Very clever, Saddam. Very clever.”
There was, as we all now know, absolutely no factual basis for the claim that Hussein was manufacturing “germ weapons” in his palaces or anywhere else. But by making such unsubstantiated assertions Friedman was helping condition American public opinion to accept as a necessity military action against Iraq.
Indeed, the use of the term “Gulf War I” in the column was a virtual endorsement of a second war against Iraq, then still more than five years away.
Just three weeks later, on January 31, 1998, Friedman called for “bombing Iraq, over and over and over again, until either Saddam says uncle, and agrees to let the UN back in on US terms, or the Iraqi people eliminate him.... [W]e may have no choice but to go down this road. Once we do, however, we better have the stomach to stay the course.”
On February 17, 1998: “With a bombing of Iraq now increasingly likely, the question being raised by those uneasy with such a strike is: What is the endgame? Is America just throwing its weight around to punish Saddam Hussein?
“The answer is really very simple. It comes down to two words: weapons proliferation. If Iraq—already a repeat user of poison gas—is able to snub its nose at the UN weapons inspectors, then the world’s ability to fight the proliferation of weapons of mass destruction would be fundamentally compromised. Libya and its friends would all be less afraid to develop germ weapons and nukes. We would all end up in a much more dangerous world. That’s why Saddam has to be stopped.”
On February 24, 1998, Friedman wrote: “Another deal with Saddam Hussein? Hmmmmm. Why does it leave me feeling uneasy—as if I had just agreed that Ted Kaczynski [the so-called “Uni-bomber”] could be my mailman, because he promised, this time, for sure, no more letter bombs? You just know that sooner or later something is gonna go boom.”
On February 28, 1998, Friedman developed a new argument for portraying Saddam Hussein as a massive danger. “The main threat to US and global stability is the super-empowered individual—the super-empowered angry man (or woman).
“That’s also why the proper analogy for the Iraq crisis is not Vietnam or Munich. It’s the 1993 World Trade Center bombing, masterminded by Ramzi Yousef, the quintessential super-empowered angry man. Ramzi Yousef had no political program or ideology, other than hating America and Israel. Saddam is Ramzi Yousef with part of a country. That is, Saddam is something more than a leader of a terrorist band, but something less than a leader of a unified state. That’s why confronting and disempowering him is both difficult and vitally necessary.
“Saddam may be a 13th-century tyrant, but he is the epitome of the 21st-century threat.”
On August 11, 1998, Friedman issued a bitter denunciation of the Clinton administration. “In the wake of the US embassy bombings in East Africa, the White House kept putting out the same sound bite on every network: An unnamed senior official was quoted as saying, ‘We will not forgive and we will not forget.’ That is a noble sentiment. There is only one problem. If you look at the Clinton Administration’s foreign policy over the past two years, there has been a consistent pattern of forgiving and forgetting.
“Where should we start? How about Iraq?”
On January 19, 1999, after Clinton ordered a massive bombing campaign against Iraq, Friedman expressed his satisfaction with signs that the administration was prepared to take tougher actions:
“The good news is that the Clinton Administration says it has decided to focus its energy now on producing the ouster of Saddam, rather than just containing him. Almost the entire target list from the US attack three weeks ago was aimed at the generals and the Republican Guards who up to now have protected Saddam. The message on the US smart bombs which apparently killed hundreds of Saddam’s palace guards, was: ‘Warning: Hanging Around With Saddam Hussein Can Be Hazardous To Your Health.’ ”
One last citation: On July 23, 1999, in a column entitled “Tick, Tock, Tick...,” Friedman conjured up out of his perfervid imagination the “multiple clocks ticking away in the Middle East,” some of which, he asserted, “have dynamite attached.” The “Iraq clock,” Friedman warned, was among the most dangerous. “Saddam Hussein is clearly racing to acquire weapons of mass destruction. Will he come up with one in the next couple of years, and what sort of havoc might he wreak around the region if he does?”
All of these columns were written years before the events of 9/11 and the outbreak of war. They prove that Friedman, who now prefers to forget what he wrote, utilized his position as a columnist for the most influential newspaper in the United States to promote baseless claims that Iraq constituted a threat to the United States and to legitimize military attacks against that country. He functioned as a dishonest and cynical propagandist for war, and bears no small degree of moral responsibility for the carnage that has followed the invasion of March 2003.
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Withdraw all troops from Afghanistan and Iraq! A socialist answer to war and militarism
The perspective of the “peace movement”
By the Partei für Soziale Gleichheit (Germany)
Demonstrations calling for the withdrawal of foreign troops from Afghanistan are taking place today in German, French and British cities. The Socialist Equality Party and the Partei für Soziale Gleichheit, the British and German sections of the International Committee of the Fourth International, support this demand. We call for the immediate and unconditional withdrawal of all troops from Afghanistan and Iraq.
However, this goal cannot be achieved using the political methods advocated by the organisers of these demonstrations, which are limited to pressuring their “own” respective governments and trying to influence a section of the ruling elite in each country.
The war in Afghanistan is an imperialist war. The aim of the US-led Operation Enduring Freedom and the NATO-led International Security Assistance Force is to assert geostrategic control over access to oil and gas supplies in the region.
The plans for the conquest of Afghanistan had long been prepared when two airplanes struck the World Trade Center on September 11, 2001. The roots of this process can be traced back to the 1970s, when the West began channelling funds to the local warlords and Islamic fundamentalists in an effort to bring down the Moscow-backed regime in Kabul. After the struggle between the warlords had reduced the country to a heap of rubble, the Taliban, who had been trained by Pakistan’s secret service, finally took control.
NATO has now bombed the warlords and drug barons back into power, with devastating consequences. Opium production reached 8,200 tons last year, representing 93 percent of world yield. Afghanistan sits fourth from last on the UN Human Poverty Index of 178 nations. Average life expectancy is barely over 40 years, and 700 children and 60 women die each day from hunger and lack of health care. The illiteracy rate is running at 70 percent in the cities and up to 99 percent in the countryside. Only a quarter of the population has access to clean water and just 10 percent have electricity.
Like every colonial occupation, the imperialist seizure of Afghanistan provokes popular resistance, which the Western media indiscriminately ascribes to the “Taliban” or “terrorists.” NATO reacts by striking back brutally, killing innumerable civilians.
In recent weeks, the United States has expanded the war into Pakistan’s national territory, threatening to drive this nuclear power into a civil war, destabilizing the entire Indian sub-continent.
Crisis of the capitalist system
This reckless and perilous policy cannot be explained by the arbitrary actions of individual politicians such as President George W. Bush. That is proven by the fact that both the Republican presidential candidate John McCain and his Democratic rival Barack Obama have called for an increase in the level of US troops in Afghanistan and for harsher action against Pakistan.
The real cause of the war, like all other social evils, lies in the contradictions of a social system that subordinates human and social needs to the drive for profit by the super-rich.
“So long, however, as the main productive forces of society lie in the hands of trusts, i.e. isolated capitalist cliques, and so long as the national state remains a pliant tool in the hands of these cliques, the fight for markets, for sources of raw material, for world domination must inevitably assume a more and more destructive character,” wrote Leon Trotsky at the beginning of the Second World War.
The more the crisis of world capitalism intensifies, the more ruthlessly the struggle for markets and raw materials is pursued. Securing access to the oil and gas reserves of Central Asia and the Middle East is the core task of imperialist foreign policy. This goal lies behind the US invasion and occupation of Iraq, and it is the same reason the US and its European allies, along with Canada, are conducting war in Afghanistan.
Only last month, Georgia’s unprovoked attack on South Ossetia raised the possibility of conflict between the world’s two largest nuclear powers, Russia and the US. Like Afghanistan, Georgia sits in an important energy corridor and was armed to the teeth by the US before being encouraged to launch its attack.
The European powers also pursue their own geostrategic interests. They have all converted their armed forces into international intervention forces to secure the oil and gas transportation routes.
Attacks on working people at home go hand in hand with militarism. Everywhere social inequality is taking ever more glaring forms. Welfare benefits are being abolished, wages cut and jobs destroyed. This is accompanied by attacks on fundamental democratic rights, justified by reference to the so-called “war on terror.”
The fighting in Afghanistan can only be ended and further wars prevented if state power and control over the economy are taken away from the predatory imperialist cliques. The fight against war is inseparably bound up with the fight for a socialist society that places the social and economic needs of the many above the profits of a minority.
The basis for such a fight cannot be an adaptation to one or another wing of a given country’s ruling elite, but instead must be an independent and international movement of working people.
The so-called peace movements in every country reject such an orientation. Instead they seek to close ranks with those elements of the ruling class that want to keep their distance from Washington and place their own national interests to the fore.
In Germany, the peace movement does not reject imperialist control over Afghanistan, but instead argues for civilian rather than military methods. A congress on Afghanistan was organised in June, in order to develop “alternatives to military deployment.” The Left Party Member of the European Parliament André Brie has said that the key task in Afghanistan is the “long overdue reconstruction of the police and judicial system.”
The real deficiency of European policy in Afghanistan, Brie stressed, is that it “has not emancipated itself from Washington and is always ready to subordinate itself to Washington ... The greatest obstacle for a new and constructive Afghanistan strategy is European devotion to a pro-US policy.”
In France, the statement calling for demonstrations is directly addressed to parliament and the president of the republic, with the request that they “order the withdrawal of the French military.” It also stresses, “We are against a France that submits to American strategy...”
The signatories to this statement include the Communist Party and the Greens (who in 2001 were members of the Jospin government that voted to send French troops to Afghanistan) and Olivier Besancenot’s Ligue Communiste Révolutionnaire (LCR).
In Britain, the Stop the War Coalition has centred the demonstration on the Labour Party conference and an appeal to the Brown government to “change its priorities,” directed in particular to the handful of remaining Labour “lefts.”
Such a political orientation, which subordinates the anti-war movement to an allegedly “left” or progressive wing of the ruling class, can lead only to dead end.
One should remember the experience with the German Greens. At the end of the 1970s, when the US was seeking to station its medium-range nuclear missiles in Europe and directed at Russia, threatening to turn Germany into an atomic battlefield, the Greens stood at the head of the peace movement. Just 20 years later, after the Iron Curtain had fallen and a reunited Germany could once again pursue its own foreign policy, they found themselves in the camp of German imperialism.
As foreign minister, Green Party leader Joschka Fischer shared responsibility for German participation in the Afghan war and organized the installation of Hamid Karzai, an advisor to the US oil company Unocal, as the country’s president.
A movement against war must be developed independently of the ruling elite and their “left” wing advisers, linking the question of war with the social question. The conditions for such a movement to grow already exist as popular opposition to militarism and social inequality deepens. The International Committee of the Fourth International is seeking to build a new international working class party that fights for a socialist perspective. We call on all those demonstrating today to read the World Socialist Web Site and contact us.
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Who’s Your 2019 Club of The Year Then?
And the winner of the 2019 Club of the Year is…
Your votes have been counted and we can finally announce who is your 2019, Yalla Rugby ‘Club of The Year’. Congratulations to all four teams who made it to this year’s nominations. It’s been a close contest and we’ve had plenty of players, fans and friends of each of the clubs casting their vote since we announced the nominations of Club of The year last week.
It’s with great pleasure that we can announce the winner of the 2019 Yalla Rugby ‘Club of The Year’ is…
Jebel Ali Dragons
Dragon’s chairman, Stuart Quinn’s response to winning the award was;
“It’s great to have been voted for and to take home ‘Team of The Year’. The Jebel Ali Dragons is a club for all people and I think we tick all of the boxes when it comes to Expat Rugby. It’s a family first setup, a huge support network for people and a fantastic rugby club to be involved in. Honours were spread around the clubs this year, which is great to see. From 1st XV to 2nd XV to 3rd XV to Vets, to Mini/Youth. I think the current Dragons setup is how it should be done to maximize enjoyment. With a team across all three leagues in a semi final or above is always a great barometer for how we sit as a rugby club in the Gulf. We’re looking forward to growing next year again.”
Congratulations to the Dragons on behalf Yalla Rugby!!
25/06/19 /by Alex Johnson
https://www.yallarugby.com/wp-content/uploads/2019/06/your-votes-are-in-2019.jpg 314 600 Alex Johnson https://www.yallarugby.com/wp-content/uploads/2019/07/yalla-rugby-dubai-340x156.png Alex Johnson2019-06-25 22:00:002019-06-25 22:01:48Who's Your 2019 Club of The Year Then?
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UrbanClap: Connecting Affordable Service Professionals with Consumers
Tags: UrbanClap
UrbanClap is an online platform that connects online users with offline businesses. In other words, it helps the consumers to find and hire trusted service professionals.
Whether you are in search of a carpenter, photographer, wedding planner, yoga instructor, electrician, plumber, interior designer or anything else – from any blue collar service to otherwise, UrbanClap with its 80 categories helps you with your needs.
This largest mobile services marketplace in India, was founded by the trio Abhiraj Bhal, Varun Khaitan and Raghav Chandra in October 2014, and is currently present in 6 cities including – Delhi NCR, Bangalore, Mumbai, Chennai, Pune and Hyderabad.
UrbanClap has also done a thorough background check and police verification for the professionals that are listed on their portal, and have also hired a retired superintendent of police.
And they have hired individual professionals to keep a deeper control on verification, quality and delivery as well.
Since, UrbanClap is a platform to make our urban lives more fulfilling by solving our needs in a clap; they decided to name it – UrbanClap.
Their vision is to structure the highly unorganized services market in India with the help of today’s modern technology and smart processes. They want to make this whole process of hiring a service professional as easy and straightforward as buying something on Amazon or Flipkart.
Begin by answering a few questions to explain and help them with your needs and requirements
Post which, in a matter of three hours you will be connected with several professionals who match your requirement.
You can feel free to view and compare their profiles, quotes, profile details, portfolios, background and experience.
And once convinced, you can contact the ones you like without any mediation from anyone.
What Is Their Business & Revenue Model?
UrbanClap’s business model is still under ‘work in progress’ category and may change as per situation, but for now since, the service market is largely driven by middlemen or intermediaries and since both – consumers and service professionals are largely dependent on the middleman, who also determine the cost of the services, their primary aim is to bridge the gap and become a connecting point, and that too at the most affordable costs.
To add to that, these service professionals are usually paid very less, and the quality of their service is also highly unsatisfactory. So what they are trying to do is – UrbanClap is attempting to remove the middlemen and eventually create a value chain from which the business model would be derived. This business model will evolve, change and would depend on each category of service.
Hence, for now they are working on two simple models – Blue-Collared Services and White-Collared Services.
For basic, Blue-collared services like electricians, carpenters or home cleaning, one can directly book and pay for the services through their app, but for all the White-collared services, which require special skills and expertise, like photographers, interior designers or yoga instructors, UrbanClap has introduced an automated match-making algorithm which makes the effort to understand your exact needs, and then accordingly matches you to the professional that would be most suited to meet that need.
Talking about their Revenue Model – UrbanClap follows a commission model wherein they charge professionals for providing them with clients. The professional pays a commission amount while accepting the booking, post which, the platform helps them with the delivery and operations using its automated engines. Other than that, the portal also makes revenues through Ads as well.
What Market Segment Are They Targeting?
UrbanClap was born out of an ambition and desire to develop a large tech business that would solve a long pending problem of consumer at large. And going by their business model, it does not require much research to understand that UrbanClap is targeting the Services market as well.
They realized that, even after being such a central and integral part of our lives, the local services industry remained extremely broken. And while, other adjacent industries are jumping on to the tech enabled bandwagon of innovation, the current solutions for this kind of service industry, hasn’t improved beyond phone call lists in the last decade.
Hence, they are trying to tap the $50 billion service market which is growing drastically, but yet remains highly scattered and unorganized. More specifically, they are targeting the mainstream audience, the urban Indian consumer, who wants to use all the services we are offering today, but is finding it hard to find the right connect.
The market size for such services is somewhere close to $4-5 Billion a year in India, out of which, the online market accounts for less than 5% or less than $200 Million. This market currently accounts for with a probable growth rate of around 20-30% annually.
Thus proving that, this is a great market to get into, and recently, it has also become the latest buzzing trend amongst the entrepreneurs and more and more start-ups are seen to be diverting towards this market as well.
What Strategies Have They Adopted?
UrbanClap does not adopt a specific strategy to market themselves, but believes in innovation! They don’t believe in spending money on traditional marketing techniques.
For instance, last year when Delhi municipal workers went on strike, UrbanClap decided to take up the task and cleaned a part of the city. Not only did this help the city, but also got them the public respect.
Other than that, they’ve adopted for a killer PR strategy, wherein they send a parcel to a random person with some goodies and a note with a catchy and sweet line, but no name and no number. They continue the same thing, for the second and the third time as well. No name or number.
By now, the person begins inquiring amongst their friends, family and colleagues about the gifts; unintentionally spreading the word for them.
And on the fourth day, they send an email to that person saying “Hi, Remember us ‘New start-up in Mumbai’, we’re UrbanClap.”
How much did they spend the three gifts? ₹600!
An innovative PR strategy indeed!
Who Leads The Brand?
UrbanClap was Co-founded by the trio Varun Khaitan, Abhiraj Bhal and Raghav Chandra!
Varun Khaitan
Varun has completed his Electrical Engineering from the prestigious IIT (Kanpur) and is responsible for marketing and product growth at UrbanClap.
He started his career as a Junior Development Engineer at the ‘University of California in
May 2007 and worked there for only three months. He had similar short stints at Qualcomm (Interim Engineering Intern), iDiscoveri Education Pvt. Ltd. (Education Associate), StartingBloc (Fellow) and The Founder Institute (Fellow), in the following two years as well.
After completing his studies, he decided to join Qualcomm again as an Engineer in December 2009 and continued this stint for almost 2 years. Post that, he joined The Boston Consulting Group as an Associate (and later as a Consultant) in October 2011 and went on to work with them for less than 3 years.
Later, he also began with his first entrepreneurial venture called – ‘Breakthrough Innovations’ in May 2014, but for unknown reasons, he shut it down in a few months and started UrbanClap.
His personal interests include trying out new coffee shops, exploring Delhi with his Polaroid and running.
Abhiraj Bhal
The highly qualified Abhiraj has completed his Electrical Engineering from not only the prestigious IIT (Kanpur), but has also pursued his MBA from the Indian Institute of Management (Ahmedabad). He is responsible for the operations and the whole process of getting service providers on board at UrbanClap.
He started his career after completing his MBA, and joined The Boston Consulting Group as a Consultant in May 2011. He continued working there for more than 3 years post which he decided to start his own venture along with Varun and Raghav, and cofounded UrbanClap in 2014.
His personal interests include running marathons, skydiving in Spain, scuba diving in the Andaman and cooking for his wife.
Raghav Chandra
Raghav has completed his Computer Science and Electrical Engineering from the University of California in Berkeley, and currently, leads the Technology and Product Development at UrbanClap.
He began his career at Roamware as a Software Engineer in June 2009 and ended this job in the next two months itself. Post this stint, he had quite a few similar short working experiences at Infosys SETLabs (Software Engineer), University of California, Berkeley (GamesCrafters, Research Group – Dr. Dan Garcia) and Yelp (Software Engineer), in the next two years.
After these, he joined Twitter as a Software Engineer in April 2012, and went on to continue this stint for less than 2 years.
Soon after that, he had also found his first entrepreneurial venture called – Buggi in November 2013, but again, for unknown reasons shut it down in 6 months itself, and cofounded UrbanClap.
His personal interest includes dancing and prefers to groove on Westcoast Swing and RocknRoll.
How Has Their Growth Been So Far?
The idea was initially conceptualised by IIT Kanpur batchmates – Varun and Abhiraj over weekend conference calls across the seas, post which, they got together in Delhi, and then also got introduced to Raghav through mutual friends.
After the idea was prepared, they began with the research and survey across segments, and received highly positive responses, realised that it in a disorganized market, it would be easy enough to get their product to customers.
By May 2014, they had the product ready for testing, and in October 2014 it was officially released for the public.
The response was so good that, by June 2015, UrbanClap had grown on to become a 50 member company, and also was planning to increase that headcount to 250 in the next six months as well.
By now they had more than 20,000 service professionals who had partnered with them and were serving to more than 5000 customer requests a day. Their market size has also seen to be growing at a rate of 20-30% a year, and they also receive almost 12,000 daily unique visitors as well.
These service professionals were now receiving a total business worth $200 Million annually, which means they are processing requests for a gross transaction value of ₹110 crores a month.
As per recent reports, UrbanClap has also already surpassed the $100 million GSV target and is now aiming to touch the $1-Billion mark by the end of the year. Gross Services Value (GSV) is the value of services sold through the platform which eventually determines the market leadership.
UrbanClap now caters to 6 cities including – Delhi NCR, Bangalore, Mumbai, Chennai, Pune and Hyderabad, and offers services in 80 categories. Additionally, preparations to expand further to Tier-I cities and small towns, more specifically to 10 cities, and will also be increasing their categories to 100 by the end of the year.
They will also be increasing their current workforce from the present 300 to about 500 by next year as well.
More recently, they have also recently acquired a platform that offers to book brand-authorized repairs and other services called – HandyHome in an equity swap deal, and have also tied up with soon to be launched online men’s grooming start-up called Bombay Shaving Company.
Lastly, talking about their funding – the company has received an undisclosed amount of investment from Ratan Tata. Other than that, they have also raised a total equity funding of $36.6M in 4 Rounds from 6 Investors including – Accel Partners, Bessemer Venture Partners, Kunal Bahl, Rohit Bansal and SAIF Partners.
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Home ⎢Emergency Transmitters for Divers: What You Know Could Save Your Life
Emergency Transmitters for Divers: What You Know Could Save Your Life
Posted by Main Minion
Articles from X-Ray Mag
As a diver, how does one rescue oneself when in distress? Call rescue services? How do the different emergency frequencies work? Which one is the most efficient for divers?
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Gauges, Mounts & Instruments
TESTING FOR LED INTERFERENCE
LED lights may interfere with VHF radiotelephone, AIS and DSC devices. The US Coast Guard has issued a “Marine Safety Alert” regarding the potential interference of VHF-FM radio and AIS reception from LED lighting. It has quite recently been found that LED bulbs may emit interference in the same frequency of the aforementioned radios. Although the jury is still out and there is no solid scientific results yet, skippers are urged to conduct a test to find out if their on-board radios are also compromised.
Nonetheless, it may be possible to test for the presence of LED interference by using the following procedures:
1. Turn off LED light(s).
2. Tune the VHF radio to a quiet channel (e.g. Ch. 13).
3. Adjust the VHF radio’s squelch control until the radio outputs audio noise.
4. Re-adjust the VHF radio’s squelch control until the audio noise is quiet, only slightly above the noise threshold.
5. Turn on the LED light(s). If the radio now outputs audio noise, then the LED lights have raised the noise floor. (The noise floor is generally the amount of interfering signals or static received beyond the specific signal or channel being monitored.)
6. If the radio does not output audio noise, then the LED lights have not raised the noise floor.
If the noise floor is found to have been raised, then it is likely that both shipboard VHF marine radio and AIS reception are being degraded by LED lighting. ■
Diver in distress?
Yes, divers get into sticky situations too, and more frequently than one might think or read in the media. In particular, it happens whenever divers surface too far away from the dive boat, because they got caught in a current. Adrift alone, or with a buddy, divers find themselves in the same life-threatening predicament as sailors falling overboard from a boat that just keeps sailing away.
It has been the sailing industry that has long since looked into safety measures and devices and come up with what is known as “MOB transmitters” (MOB: man-over-board), some of which are also now being made as depth-rated models for divers.
Old wine in new bottles?
These transmitters provide divers with some degree of peace of mind, because what is good for sailors must also be useful for divers, and one need not be concerned with obtaining a licence and undergo a lot of training to operate them. After all, these devices have been in use for years. It is just that divers are not usually given any training or much insight into sea rescue procedures and the use of marine radios. A maritime radio licence is not required to go diving. But ignorance can kill here too.
Imagine an average diver, Joe, who visits some dive expo looking for inspiration for his next dive trip. He sees all these seductive presentations of paradisiacal resorts and alluring waters when he suddenly finds himself in front of a poster depicting a diver lost at sea. The advert cleverly targets a latent fear, and Joe is drawn to take a closer look at the advertised rescue system.
The gadget is labelled with various known certification markings such as CE, FCC and EMV, along with some other more or less familiar symbols, which is comforting. It looks trustworthy. It is handy, small, well-built and capable. The sales representative comes up to Joe, all smiles, and relates how he once resurfaced far from the boat himself and understood the fear. But because he had this gadget, he was soon safely back on the boat—and Joe should always wear one too. Joe is not quite sure what to make of the technical specifications but feels reassured that it would be good insurance against being lost at sea, and his worries are put to rest.
This is, of course, a made-up stereotypical scenario but one that often plays out in some shape or form—depending on the product, its operating principle and distress frequencies used, and of course, the competence of the seller as well as the previous knowledge of the diver. Being unfamiliar with some topic is something we can all relate to, so what do most of us do? We seek advice, which is all good, provided the guidance is trustworthy, accurate and relevant—and when it helps us to make the right decision and purchases that suit our needs. But how do we make heads or tails out of sometimes conflicting information and recommendations? And how do we see though the sales and marketing babble?
“They have to save you!”
So, the smooth-talking sales rep has managed to build a rapport with Joe by relating to him that he too has experienced surfacing far from the boat. “Been there, done that!” he says and proceeds to describe his product in more technical terms. Some of the lingo Joe has heard before, but he does not quite understand how this gadget is the solution to the problem. Joe does not want to come across as ignorant, so he does not raise many questions. In between being lost in the technical jargon and mentions of AIS, DSC 70, EPIRB, channel 16, PLB and 406 MHz, he also hears two reassuring sentences: “Everybody welcomes you here” and “They must save you.”
Next up is the question of price. What does such a device cost? Typically, prices are in the 150 to 400 USD/EUR/GBP range, which stings a little, but not a big price for a potential life-saver. And since sailors also use this device, as the sales rep keeps emphasising, it is fair to presume Joe would be oblivious that his intended use of the device may not always be legal. That is too absurd to contemplate. Who cares about formalities when lives can be saved? Who would not rather commit an offence than die?
Saving lives and responding to distress always takes precedence over adherence to formalities and procedures, the sales rep reassures Joe, who ends up making a purchase. He leaves the booth feeling good and resumes looking at travel destinations, convinced that he now has a transmitter that will alert every vessel within X nautical miles about his predicament, in case he ever ends up in distress and needs to be rescued.
Dangerous presumption
Every vessel? Not quite. Let us have a closer look at what really happens when a personal device is activated and how a captain of a commercial vessel, which may be transiting beyond the horizon, in all likelihood, would react. Is it safe to assume that such a vessel would receive the distress call and turn around? Are they obliged to respond to any MOB alarm raised by leisure crafts, sailors, wind- or kite-surfers and divers? The notion that “they are obliged to come to your rescue” may suggest this is the case, underpinned by the fact that coming to the rescue at sea is mandatory. Under international maritime law, a skipper is obliged to provide immediate assistance within his or her means when he or she becomes aware of an emergency. This obligation is also stipulated in the International Convention on Maritime Search and Rescue.
But what does “within his or her means” imply?
While sales reps and customers may have their discussions of what triggers an emergency response, they rarely consider the position of the rescuer who may have to provide assistance. First of all, the captain of a large ship—perhaps up to several hundred metres long—is primarily responsible for the safety of his or her crew and any passengers aboard, the vessel and its cargo, as well as his or her own life. Is it reasonable to assume that such a captain can just stop, turn around and provide assistance?
No, it is not. Considering the momentum of a heavy ship travelling at speed, it is quite unlikely the captain is able to assist most leisure water-sportsmen in distress. With a stopping distance of several nautical miles, it takes a good long while before a big vessel—say, a passenger liner, cargo ship or tanker—comes to a halt. Around busy or constricted shipping lanes, it may also be impossible for a big vessel to alter course due to risk of collision with other traffic. That is also why most other ships cannot easily stop either.
If the emergency takes place in less-frequented waters—say, south of Brothers Islands in the Red Sea—a change in course may represent a rather low risk for the ship. However, it still takes considerable time before a freighter can turn about and make it to the drifting diver, because it must be slowed down early in order not to overshoot the diver. You never hear of such spectacular manoeuvres because they do not occur in reality.
Fuel versus rescue
Often, the captain is unable to turn around even if he or she wanted to. In many cases, ships are only carrying a precisely calculated amount of fuel, which does not allow for such a turning manoeuvre. Without required reserves, it could leave the ship short of fuel to reach the next port. Shipping has become highly competitive, and time constraints are tight. In order to carry as many containers as possible, the amount of fuel carried is precisely calculated and will only include a small “storm reserve.” These calculations are so finely tuned that they even consider the different water densities of the various seas. The Mediterranean and the Red Sea are particularly popular with shipping companies, because the higher salt content provides more buoyancy, allowing for more cargo.
If a cargo ship south of Brothers Islands receives the distress call from a drifting diver, the captain may well be left with no choice but to carry on, as any action could deplete designated fuel reserves. Accordingly, it would thus not be “within the means” of the captain to provide direct assistance.
Rather, the captain would notify the nearest Maritime Rescue Coordination Centre (MRCC) of the emergency—in this case, the MRCC in Jeddah. The centre in Jeddah would most likely forward the alert to the Egyptian MRCC in Alexandria, which will coordinate the mission. Next, Alexandria would alert the Egyptian SAR (Search and Rescue) in Marsa Alam or El Quseir from where a boat would be dispatched. It sounds complicated, but it is the quickest way, because Jeddah is a lot farther from the scene of the accident than the two Egyptian cities (whose ports are too small for the largest vessels to approach). In any case, it goes to show how many unknown factors and how many elements are involved in a rescue operation.
In 2003, a Danish diver who aborted a dive on the Thistlegorm wreck was accidentally spotted some 20 nautical miles away by the crew of a freighter, after being adrift for 20 hours. Instead of stopping and turning, the captain radioed the SAR in Sharm el-Sheikh, which immediately went to the designated location and rescued the diver. Thanks to the SAR station being relatively nearby, the rescue could be carried out in a targeted manner. The diver was in many ways unbelievably lucky: Not only was he spotted by chance but survived the ordeal unscathed, after drifting across the busy shipping route between Sinai and Shadwan Island at night without being hit by any of the many passing vessels.
Channel 16 and proper protocol
Often, captains are merely unable to assist in a rescue. But at other times, they are not obliged to—for example, when an emergency call is not placed according to protocol. It may sound unbelievable, but it is so and for a good reason: More than 90 percent of distress calls on various maritime radio frequencies are false alarms. It puts captains and rescue services in a dilemma when leisure craft skippers are simply testing emergency calls to see if they work. Others are simply misusing channel 16, which is the marine VHF channel designated as an international distress frequency (156.8 MHz). Primarily intended for distress, urgency and safety priority calls, this frequency may also carry routine calls to establish communication before switching to another working channel, blocking the channel and preventing real emergency calls in the process.
The consequences of not following protocol can be dire, because emergency calls on channel 16 only have to be reacted to if the caller is unequivocally recognised as an “authorised user.” This happens automatically when the emergency call is issued in accordance with the prescribed protocol form—in other words, when the emergency caller knows and uses proper “radio language.”
Although communication is conducted in English, command of the language is not enough. In order to effectively broadcast on channel 16, one is required to have at least an SRC (Short Range Certificate)—a licence for leisure crafts and water sports. Professionals must have an LRC (Long Range Certificate). During the course, the correct procedures and emergency call protocol regarding channel 16 are taught.
Depending on the incident, a distinction is made between an emergency report, an emergency message or a safety message. Even calling off a (false) alarm must be made following a specific protocol.
Just calling “Mayday, Mayday, Mayday” is not enough
Protocols dictate how an emergency is declared, how the caller presents him or herself and how the emergency is described. The call must include the name of the ship and its radio call sign—ideally, also the MMSI (Maritime Mobile Safety Identity), which is an individual ship identification number comparable to the chassis number of a motor vehicle. As complicated as such strict protocols may appear at first, they are actually very effective, as they ensure life-saving information such as the type of vessel, number of souls aboard, GPS (global positioning system) position and nature of the emergency is expediently and clearly relayed to the parties in charge of rescue.
To ensure that emergency calls are correctly placed even under panic or shock, stickers and cards listing these procedures for correctly placing maritime radio emergency calls can be kept on or beside the radio. These aids also allow crew members without SRC to call for help. Having a radio licence does not matter. Placing the call correctly does, and just yelling “Mayday, Mayday, Mayday” into the ether will not help.
So, if Joe ever finds himself adrift at sea and calls a passing ship on channel 16, without following protocol, he may find that the ship just continues on its course. The captain will likely consider him yet another prankster who clogs channel 16 worldwide, and as a result, the nearest MRCC will not be notified. That a diver could be lost at sea for real is probably the last thing on the captain’s mind, and Joe would only have himself to blame for being left at sea.
Some distress rescue stations for divers are also equipped with digital selective calling or DSC, which was developed to replace a voice call in older procedures. DSC senders are programmed with the ship’s MMSI and may be connected to the ship’s GPS, which allows the apparatus to know what ship it is, what time it is and where it is. This allows a distress signal to be sent very quickly. Until a few years ago, this channel was only installed in radios that were permanently installed in the wheelhouse. Personal MOB transmitters equipped with channel DSC 70 have only been on the market for a few years.
It is important to note that if MMSI is not entered into the transmitter, the capability to place DSC 70 emergency calls is deactivated and cannot be used. This feature is there to prevent the widespread abuse associated with channel 16. Since an emergency call transmitted on DSC 70 has a range of up to 60 nautical miles, any misuse or false alarms would be heard by quite a few.
The international treaty
Responding to emergency calls over DSC 70 is obligatory, as per the international treaty governing the use of the radio-frequency spectrum. The first ship to receive a distress call on its DSC 70 receiver must acknowledge the alarm and is required to coordinate the rescue. Once the alarm is acknowledged, it will be deactivated to clear the DSC 70 channel for any other emergency calls.
Despite DSC 70 being strictly regulated as well as the requirement of an SRC being in place, problems with false alarms are also on the rise in this area. When purchasing a personal transmitter, it is therefore important to ascertain that the built-in DSC 70 button can only be used once an MMSI has been associated with the transmitter and that distress calls made over DSC 70 can be deactivated by other vessels. This feature indicates whether the personal rescue system is legal or not. Also, some transmitters are unable to receive confirmations, or be shut off remotely, once alarms have been received.
Devices that do not meet the requirements may put the whole system at risk and jeopardise everybody’s safety at sea. Already in 2013, FSR—a German trade association for rescue equipment—warned that “the effectiveness of the entire system of mutual assistance at sea is in danger” due to improper use of handheld radio devices with a distress button.
While some argue paragraphs and applicable laws are required to restrict access to maritime rescue frequencies in order to prevent abuse, others argue that modern hi-tech needs to be made readily available to the increasing number of people on the water in order to comply with SOLAS, the International Convention for the Safety of Life at Sea—an international maritime treaty which sets minimum safety standards.
This makes for a delicate balancing act for decision-makers. On one hand, every human should be rescued as soon as possible! On the other hand, the use of emergency frequencies must be internationally regulated so rescue can be carried out promptly. In any case, it is of paramount importance that misuse and incompetence is reduced, as each emergency call blocks the rescuers from other operations.
Closed loop or open loop
Among the latest technology now available are MOB transmitters using a so-called “closed loop mode,” which makes it possible to call for assistance without raising the alarm with every vessel within range. In this mode, the emergency call is only received by DSC 70 receivers on vessels whose MMSI numbers have been previously stored in the transmitter. This does away with the principle of a big alarm being broadcast to everybody within range, because past experience has shown that it is not necessarily safer when all surrounding vessels hear of the emergency.
Moreover, DSC 70 transmitters may also be used in closed loop mode by users who do not hold a marine radio license. This could, however, change on short notice, as such devices will automatically switch to the open loop mode after seven to ten minutes if the alarm is not confirmed by one of the programmed receivers, after which the call goes out to all vessels within range as before.
For this arrangement to work, it is assumed the dive vessel is equipped with a corresponding DSC receiver. However, as it is not mandatory for all vessels to carry receivers with channel DSC 70, it should never be presumed they have one installed. For example, many dive centres work with different day boats, which are hired locally, such as dhonis, Philippine outriggers, or inflatable boats—none of which have an MMSI.
In order to fully appreciate the advantages and limitations of using DSC 70, it is therefore necessary for our average diver Joe to gain a deeper understanding of how the technology works and its limitations. Only, few divers do.
Our friend Joe has done his homework, and on his next dive trip, he arrives on location with his newly purchased transmitter with a DSC 70 button for closed loop function. Once aboard the dive boat, he asks the crew about their MMSI, and to his chagrin, finds that nobody has any idea about it—or worse, that there is no DSC 70 receiver on board.
Such scenarios apply equally to Automatic Identification System (AIS) frequency emergency transmitters, which require special on-board receivers to receive the AIS signals. Originally, the AIS was developed as an “anti-collision system” for commercial shipping. Using the AIS frequency, vessels exchange information on their position, ship’s name, weight, load, speed and so on. Since 2000, the system has been mandatory for commercial shipping worldwide.
In order to receive information from other vessels, an AIS receiver is required. This is connected to a plotter (screen) on which a digital nautical chart is displayed. On this chart, every vessel is displayed in relation to other ships and constantly updated. Thanks to stationary terrestrial antennas, it is even possible to detect ships when they are still behind headlands or cliffs and not yet visible. Since the implementation of this system, the number of collisions at sea has fallen sharply worldwide.
The AIS industry is happy to suggest that AIS receivers are now installed on every ship. In doing so, it relies on the International Maritime Organization’s (IMO’s) regulation that every commercial vessel must have AIS on board. In reality, that is not the case in every region of the world, because the IMO allows its member states so-called “national exemptions,” of which some popular dive destinations such as Egypt and the Maldives make use.
In the Maldives, cargo ships approach the port of Malé in a large arc and not through the atolls, and there are no terrestrial AIS antennas there. As a result, the Maldives government does not require AIS equipment aboard dive boats and dhonis. In Egypt, the government is protecting the fishermen, who operate as micro-entrepreneurs but cannot afford AIS. Therefore, in Egyptian territorial waters, AIS is allowed but not compulsory. Consequently, many dive vessels there are not equipped with an AIS system either.
AIS as an MOB alarm
Since AIS became compulsory for commercial shipping, the AIS industry requested the IMO to also authorise the frequency for personal maritime rescuers, so the improved safety in seafaring could find its way into personal rescue. AIS MOB transmitters hit the market in 2010 and caused some hype among sailors. The royalty-free AIS frequency does not require an SRC, so sailors were able to equip their life jackets with an AIS transmitter. As the stations sold very well, the AIS industry was obviously quite pleased.
Much less happy were search-and-rescue teams, coast guards and commercial shipping, which soon experienced a firework of alarms on their plotters. Although each AIS-MOB transmitter has a “test button” to simulate and train emergencies, most of the MOB training was unfortunately done with the “sharp” alarm button. In areas with heavy traffic such as the bay of Kiel in the southwestern Baltic Sea—which is rife with ports, marinas, wharfs, a naval base, busy ferry crossings and lots of leisure boats—the plotters became swamped.
Transmitter Classes A and B
To differentiate between commercial shipping and leisure craft, two classes of transmitters were defined: “SART Class A” and “SART Class B” (SART: Search And Rescue Transponder).
SART A transmitters for commercial shipping send data in intervals between 30 seconds and six minutes. In order for each signal to be seen by the other subscribers in the AIS system, the devices reserve time slots in the system. Meanwhile, SART B transmitters used by recreational sailing must wait until a free time slot is available for the transmission of the radio signal, which works reliably if enough time slots are available. But in regions with heavy traffic such as the English Channel, the SART B signals of recreational boating may not get through and will not appear on the plotters of the surrounding ships. This has prompted some entrepreneurs to develop some special class A transponders for pleasure craft, which cost over 2,000 Euros, in order to increase their chances of being spotted.
AIS MOB Transmitter Class A
Personal AIS channels are categorised under class A, so they are given high priority since they are (in theory) only activated in the case of an emergency. However, since they are just battery-powered, they have the weakest power of all AIS broadcasters—just one watt. Thus, the signal would stand little chance of getting through in regions where all time slots are occupied.
Another restriction is that plotters built before 2010 do not recognise the MOB icon in the AIS system (an X in a circle). On these older screens, the received signal would display as a triangular icon, which is the symbol for a ship, which may obfuscate the true nature of the emergency.
Waves absorb radio signals
Many AIS handheld units also require an antenna to be unfolded, or unrolled, prior to use. As a result, they may not be deployed vertically but in some other position, which is not optimal for transmission. It is already a significant challenge that water absorbs radio signals, and sea waves block the transmission. One must therefore also understand the physical circumstances at play and how they may affect the transmission of an emergency signal.
Such complications do not exactly make it any easier for our average diver Joe to make heads or tails of the technical information. One brochure may, for example, state that the transmitter has a range of 55km—which, in a strict sense, may be true. However, this may only apply when the transmitter is mounted high up on top of a wheelhouse of a big ship and connected to a tall antenna. It should therefore never be presumed that the stated range and other performance data also apply to personal units handheld by a drifting sailor or diver—except where explicitly specified.
Factors influencing transmission quality and range
Water absorbs all radio frequencies used for emergency signals, so waves of any significant height will block most of the transmission. On top of this, AIS alarms will be further attenuated if the antenna is not held vertically but at a slant. The biggest limitation, however, is the low transmission power of only up to one watt maximum for battery-powered handhelds.
Even in areas with low traffic, AIS-MOB transmitters cannot be expected to reach their stated maximum transmission range of up to eight nautical miles (15km). In reality, most will only cover 1.2 to 3 nautical miles (2 to 5.5km), which various reviews have demonstrated.
It is quite important how high up the receiving antenna is mounted—the higher it is, the better the range! Dive boats rigged with sails are able to mount their receivers high up on the mast where it can pick up alarms from longer distances. But when it is mounted on the roof of a small cutter, the diver better not have been drifting far, the sea better be smooth and there should only be a few ships around, for the AIS distress signal to go through. On a side note, it should be added that the density of the atmosphere, the curvature of the earth and even solar storms also affect the range of a radio transmission wave. In any case, there are so many factors, which come together in a complex manner, that it is impossible to put it in a simple formula. Any statements to the contrary are either unscrupulous or incompetent (or both), and can have dire consequences for users who do not know otherwise.
It would thus be a welcome change if dive training organisations would provide some basic knowledge of how sea rescue works, given the fact that distress rescue stations are increasingly pushing into the diving market. It does not mean that divers or even instructors should necessarily have an SRC. But they should at least possess knowledge of how present-day sea rescue works, how it is structured, and which safeguards have been implemented to keep thoughtless individuals from messing about with this crucial system.
It was during the 1970s when the United States, Canada, France and the Soviet Union came together and jointly developed a global rescue system for commercial shipping, despite all the political tensions following the Cold War. At the time, nobody envisaged how many different functions it would eventually comprise. The effort going into technological development today is small in comparison to what it took to set up the first international emergency call frequency 406 MHz.
This frequency was initially available only to ships, because the emergency transmitters were large beacons mounted on the ship’s deck. These beacons are called EPIRBs (Emergency Position Indicating Radio Beacons) and are triggered by water contact such as when a ship is listing or sinking. Initially, these beacons were connected to GPS (which was permitted for civilian use in the 1980s), but sent their emergency calls with MMSI to dedicated satellites, which were launched into space for this very purpose. From these satellites, the distress calls were forwarded to one of the more than 40 receiving stations, called LUTs (Local User Terminals), which are spread out over the globe. The LUT then forwards the emergency call to the nearest MRCC, of which more than 40 stations also exist worldwide. From here, whatever RCC (Rescue Coordination Station) was closest to the scene of the accident and where the SAR initiated the rescue was alerted.
This is a rather complex chain, but even for ships that find themselves in distress alone on the high seas, this is the only system, even today. As horizontal radio transmission is limited by the many aforementioned factors, emergency calls must be routed via satellites in order to reach over the horizon. In the open ocean, the signal may have to travel several thousand kilometres.
Over the years, the EPIRB has become smaller. Today, such transmitters can be mounted on the wall and are no longer installed on the deck. Personal emergency transmitters, which were attached to life jackets and clothing, were introduced. They are called PLBs (Personal Locator Beacons) and also work on the 406 MHz frequency, on the same principle as the EPIRB. For divers, there are depth-rated models in underwater housings, which first have to be opened at the water’s surface in order to raise the alarm in the case of an emergency.
For decades, 406 MHz was the only rescue frequency for ships, and MOB, the only chance of rescue. Right from the onset, this system was also plagued by false alarms, both due to technical problems and to improper handling.
In order not to block rescuers and to quickly establish whether the alarm is real or false, two additional steps have been built into the rescue chain. First, each PLB is kept in a database, with the name of the owner and the contact details of another person who knows the owner (emergency contact). Second, in case of an emergency, this designated person will be contacted by the MCC to confirm that the sender is actually at sea.
This protocol should ensure that genuine emergencies are verified as such and passed immediately on to the RCC and SAR. It may appear a bit complicated, but it only adds a few minutes to the response time, which is worth the while in order to prevent initiating unnecessary rescue operations in the case of false alarms.
It is a blessing we now have technology that makes it possible to respond to and rescue people in distress even over long distances. Large thanks are owed in particular to the sea rescue services and their members, many of which are volunteers, who often risk their own lives to help others. Their heroic attitudes cannot be commended often enough.
A salient point must therefore be made that personal safety at sea cannot be viewed as just yet another product category of equipment, which can be purchased and some of which are produced primarily for the sake of making a profit. There are some real issues and limitations to consider as well as the occasional misleading information or overreaching marketing pitches to weed out, which is not easy considering the complexity of the matter.
As divers, we just seek to safeguard ourselves from being lost at sea. Fair enough. But in doing so, we still have the primary responsibility for our own safety. First of all, that means taking every reasonable precaution to ensure we do not end up in such a predicament in the first place, and not relying on having a personal safety device to call in a ride home to safety.
It is basic, sound principle that we should never rely on delegating any degree of responsibility for our own safety to other people—it is plainly wrong, and dangerous. And this goes for the purchase and use of safety devices too. Any distress calls made will, to various degrees, either inconvenience other people or put them at risk. We owe it them—and to our loved ones—to make sure we understand the design, technical features and proper use of these devices, as well as the implications if we do not. Should we one day have to raise the alarm for real because we, despite our best efforts, end up in a perilous situation, we should be able to correctly use and rely on a system that has been created to save our lives. ■
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Originally published
on page 49
Covershot by:
Download X-Ray Magazine (pdf)
Read more about X-Ray Mag #90
Recheck:
Scuba Physiological, by Simon Pridmore
The Shark Sessions
Beneath Cold Seas
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