The Community Charter Presentation to Local Government Management Association (LGMA) Ministry of...

The The Community CharterCommunity Charter

Presentation to Local Government Presentation to Local Government Management Association (LGMA)Management Association (LGMA)

Ministry of Community, Ministry of Community, Aboriginal and Women’s ServicesAboriginal and Women’s Services

June 17, 2003June 17, 2003


IntroductionIntroduction


Dale WallDale Wall


Broad PowersBroad Powers


Nicola MarotzNicola Marotz

IntroductionIntroduction

Broad powers approach Broad powers approach

Types of broad powersTypes of broad powers

Concurrent authority Concurrent authority

Specific powersSpecific powers

Community Charter: LGMA 2003Community Charter: LGMA 2003

Other Provisions are ImportantOther Provisions are Important

Interpretation provisionsInterpretation provisions

Limitations and requirementsLimitations and requirements

Ancillary powersAncillary powers


How the Pieces Fit TogetherHow the Pieces Fit Together

Part 1Part 1

Part 3Part 3 OtherOtherLegislationLegislation

Municipal Municipal Purposes and Purposes and

PowersPowers

Principles, Principles, Purposes and Purposes and InterpretationInterpretation

Part 2Part 2

Additional Additional Powers and Powers and

Limitations on Limitations on PowersPowers


Broad PowersBroad Powers

Three types of powersThree types of powers Natural personNatural person ServiceService Regulatory spheresRegulatory spheres


Natural Person PowersNatural Person Powers

Instead of listed corporate powers in the Instead of listed corporate powers in the Local Local Government ActGovernment Act – for example: – for example:

Make agreementsMake agreements Provide assistanceProvide assistance Acquire/hold/manage/dispose of propertyAcquire/hold/manage/dispose of property Incorporate corporationsIncorporate corporations Establish commissionsEstablish commissions

Specific authorities continue (e.g. borrowing; Specific authorities continue (e.g. borrowing; delegation)delegation)

Limitations and requirementsLimitations and requirementsCommunity Charter: LGMA 2003Community Charter: LGMA 2003

Service powersService powersService PowersService Powers

Any service council considers necessary or Any service council considers necessary or desirabledesirable

Same authority as in Same authority as in Local Government ActLocal Government Act

Discontinuation of service (s.18)Discontinuation of service (s.18)

Regulate, prohibit and impose requirements in Regulate, prohibit and impose requirements in relation to a servicerelation to a service


Regulatory SpheresRegulatory Spheres

RegulateRegulate ProhibitProhibit RequireRequire

13 Spheres13 Spheres

SignsSigns

FirearmsFirearms

BusinessBusiness

SphereSpherePowerPower

XXXX

XX

XX


Regulatory SpheresRegulatory Spheres

Authority toAuthority to RegulateRegulate ProhibitProhibit Impose requirementsImpose requirements

Limitations and requirementsLimitations and requirements


Concurrent AuthorityConcurrent Authority

Protection of natural

environment

Public health

Building standards

Prohibiting soil deposit or

removal

WildlifeHealth Health

PlanningPlanning WLAP, AFFWLAP, AFF

WLAP, E&MWLAP, E&M CAWSCAWS

WLAP, SRM, AFFWLAP, SRM, AFF


Concurrent Approval OptionsConcurrent Approval Options

Is this Is this concurrent?concurrent?

By AgreementBy Agreement

By MinisterBy MinisterBy RegulationBy Regulation

9(3)(a) 9(3)(c)

9(3)(b)


Specific PowersSpecific Powers

Ownership of subdivision parklandOwnership of subdivision parkland

Ownership of municipal highwaysOwnership of municipal highways

Remedial action requirementsRemedial action requirements



Financial PowersFinancial Powers


Brenda GibsonBrenda Gibson

Financial planningFinancial planning

Financial reportingFinancial reporting

AuditingAuditing

Instruments to incur liabilitiesInstruments to incur liabilities


Financial Operations – What’s Not ChangingFinancial Operations – What’s Not Changing(or not changing much)(or not changing much)

Reserve FundsReserve Funds

May establish a reserve fund for any purposeMay establish a reserve fund for any purpose

No elector involvement in operating reservesNo elector involvement in operating reserves

Authority to transfer from one reserve fund to Authority to transfer from one reserve fund to another, with restrictionsanother, with restrictions

Must use for original purpose firstMust use for original purpose first Capital to capitalCapital to capital DCC and parkland restrictionsDCC and parkland restrictions


Asset ManagementAsset Management

Retain the effect of s. 248 orders – now in Retain the effect of s. 248 orders – now in s. 315.3s. 315.3

Minister may confer further powers to manage and Minister may confer further powers to manage and dispose of assetsdispose of assets

Retain restriction and process when disposing Retain restriction and process when disposing of assets acquired with provincial grants – of assets acquired with provincial grants – moved from LGA to Transitional Provisionsmoved from LGA to Transitional Provisions


Liability Limit ProposalsLiability Limit Proposals

Limit will apply to all long term liabilities, Limit will apply to all long term liabilities, includingincluding

Borrowing under loan authorizationBorrowing under loan authorization P3s and other liabilities under agreementP3s and other liabilities under agreement Long-term leasesLong-term leases

Limit will be established by regulationLimit will be established by regulation Was a liability limit based on assessmentsWas a liability limit based on assessments Will be a debt servicing limit based on revenueWill be a debt servicing limit based on revenue


Liability Limit ProposalsLiability Limit Proposals

Remaining decisionsRemaining decisions % of annual revenue% of annual revenue definition of key terms (revenue; liabilities)definition of key terms (revenue; liabilities)


Elector Approval for LiabilitiesElector Approval for Liabilitiesand Borrowingand Borrowing

Approval for “concept” of partnering Approval for “concept” of partnering agreementagreement

Ability to combine related mattersAbility to combine related matters

New regulation authority to make exceptions to New regulation authority to make exceptions to voter approval requirementsvoter approval requirements

Proposed assent free zoneProposed assent free zone Proposed new exemptions for certain types of Proposed new exemptions for certain types of

capital works or types of liabilitiescapital works or types of liabilities


Municipal BorrowingMunicipal Borrowing Loan Authorization Loan Authorization maymay not need Certificate of not need Certificate of

Approval after adoptionApproval after adoption No municipal Security IssuingNo municipal Security Issuing

Municipality informs Regional District of intention to Municipality informs Regional District of intention to borrowborrow

Regional District “consents” to municipal borrowing Regional District “consents” to municipal borrowing by:by:– Separate consents for each borrowingSeparate consents for each borrowing– One consent for all borrowing under a Loan AuthorizationOne consent for all borrowing under a Loan Authorization

Borrowing Process – ProposalsBorrowing Process – Proposals


No municipal Security Issuing contd.No municipal Security Issuing contd. Regional District consent given by Regional District Regional District consent given by Regional District

Security Issuing bylawSecurity Issuing bylaw Regional District Security Issuing will not need Regional District Security Issuing will not need

Inspector’s Approval, at third readingInspector’s Approval, at third reading Regional District Security Issuing may not need Regional District Security Issuing may not need

Certificate of Approval after adoptionCertificate of Approval after adoption

Borrowing Process – ProposalsBorrowing Process – Proposals


Property value taxationProperty value taxation

Fees and chargesFees and charges

Statutory property tax exemptionsStatutory property tax exemptions

Revenue – What’s Not ChangingRevenue – What’s Not Changing(or not changing much)(or not changing much)


Assessment phasing and averaging by regulationAssessment phasing and averaging by regulation

Clarification of parcel tax variation authorityClarification of parcel tax variation authority

Parcel tax only on properties able to get servicesParcel tax only on properties able to get services

Interest calculations (s. 193.1)Interest calculations (s. 193.1) May specify method of calculating interest by bylawMay specify method of calculating interest by bylaw Bylaws may be retroactive to February 19, 2003 Bylaws may be retroactive to February 19, 2003

(under Bill 6)(under Bill 6)

Taxes and FeesTaxes and Fees


Combines aspects of local improvements and Combines aspects of local improvements and specified areasspecified areas

Require a local area service ifRequire a local area service if Service provided to only part of the municipality, Service provided to only part of the municipality,

andand Local service tax will be imposedLocal service tax will be imposed

Elector petition, council initiative or assent of Elector petition, council initiative or assent of the electors neededthe electors needed

Local Service TaxesLocal Service Taxes


Petition and petition against thresholdsPetition and petition against thresholds 50% of the owners50% of the owners 50% of the assessed values50% of the assessed values

Borrowing for local service areaBorrowing for local service area Recovered by local service tax = approval in local Recovered by local service tax = approval in local

service areaservice area Recovered by any other means = elector approval Recovered by any other means = elector approval

in whole municipalityin whole municipality

Local Service TaxesLocal Service Taxes


More flexible general permissivesMore flexible general permissives Any non-profitAny non-profit Exempt occupier of publicly-owned facility Exempt occupier of publicly-owned facility

Partnering, heritage, riparian, golf course, Partnering, heritage, riparian, golf course, cemeterycemetery Combined in one section, with one processCombined in one section, with one process Greater flexibility – extent of exemption defined by Greater flexibility – extent of exemption defined by

agreementagreement

No direct elector involvement, but new notice No direct elector involvement, but new notice and reporting requirementsand reporting requirements

Permissive ExemptionsPermissive Exemptions


Revitalization area designated in financial plan Revitalization area designated in financial plan or OCPor OCP

Program established by bylawProgram established by bylaw

Exemptions limited to new improvements or Exemptions limited to new improvements or alterationsalterations

Limited to increased assessed value as result Limited to increased assessed value as result of new or altered improvementof new or altered improvement

5 year maximum, with one 5 year renewal5 year maximum, with one 5 year renewal

New Revitalization Tax ExemptionNew Revitalization Tax Exemption



Public Participation and Public Participation and Council AccountabilityCouncil Accountability


Elizabeth BrennanElizabeth Brennan

Accountability FrameworkAccountability Framework

Direct participationDirect participation

AccessAccess

Ethical standardsEthical standards


Direct ParticipationDirect Participation

ElectionsElections

Elector approvalElector approval ReferendaReferenda Alternative approval processAlternative approval process

Application to CourtApplication to Court

AuditAudit


AccessAccess

ReportingReporting

InformationInformation

Open meetingsOpen meetings

Opportunity to make representationsOpportunity to make representations


Ethical Standards Ethical Standards

Conflict of interest Conflict of interest

Gifts – restrictions on accepting and disclosureGifts – restrictions on accepting and disclosure

Disclosure of contractsDisclosure of contracts

Use of insider informationUse of insider information

Court order for financial gainCourt order for financial gain

Disqualification provisionsDisqualification provisions


Conflict of Interest: Disclosure Conflict of Interest: Disclosure and Restrictionsand Restrictions

Scope [who, what and how] fundamentally the Scope [who, what and how] fundamentally the samesame

A few noteworthy differences:A few noteworthy differences: Declaration for other interests in matters that Declaration for other interests in matters that

constitute a conflict of interest (e.g., bias), required constitute a conflict of interest (e.g., bias), required due to new voting rules [CC s.123 (3)]due to new voting rules [CC s.123 (3)]

new provision for members to “withdraw” erroneous new provision for members to “withdraw” erroneous conflict declarations conflict declarations

ContraventionContravention


Conflict of Interest: Restrictions Conflict of Interest: Restrictions on Inside and Outside Influence on Inside and Outside Influence

NewNew

If direct or indirect pecuniary interest in a If direct or indirect pecuniary interest in a matter, must not use his or her office to matter, must not use his or her office to attempt to influence in any way attempt to influence in any way

DecisionsDecisions Recommendations, or Recommendations, or Other actionsOther actions


GiftsGifts

RestrictionsRestrictions

ExceptionsExceptions Incident of protocol or social obligations that Incident of protocol or social obligations that

accompanies responsibility of officeaccompanies responsibility of office Compensation authorized by lawCompensation authorized by law Lawful contributions made in relation to candidacy Lawful contributions made in relation to candidacy

for officefor office

Disclosure requirementDisclosure requirement


Special Transitional Provisions for Special Transitional Provisions for Disclosure of GiftsDisclosure of Gifts

Bill 67 s. 14 requires disclosure for all gifts Bill 67 s. 14 requires disclosure for all gifts and personal benefits:and personal benefits:Received after Royal Assent of the Received after Royal Assent of the

Community CharterCommunity Charter [May 29, 2003] using [May 29, 2003] using reasonable effortsreasonable efforts

But reporting obligation regarding But reporting obligation regarding gifts/benefits received from one source in any gifts/benefits received from one source in any 12 month period does not apply to anything 12 month period does not apply to anything received prior to received prior to Community CharterCommunity Charter Royal Royal AssentAssent


Disclosure of ContractsDisclosure of Contracts

New New Municipal contracts with a member, or a person Municipal contracts with a member, or a person

who was a member at any time during the last 6 who was a member at any time during the last 6 months who has a direct or indirect pecuniary months who has a direct or indirect pecuniary interest in that contract, must be reported as interest in that contract, must be reported as soon as reasonably practicable at an open soon as reasonably practicable at an open council meetingcouncil meeting

Council members and former members must also Council members and former members must also advise the corporate officer of any such advise the corporate officer of any such contractscontracts


Restrictions on Use of Insider InformationRestrictions on Use of Insider Information

New New

Council members or former members must not Council members or former members must not use information/records for gaining or use information/records for gaining or furthering a direct or indirect pecuniary interest furthering a direct or indirect pecuniary interest where the record/information:where the record/information:

Was obtained in the performance of the member’s Was obtained in the performance of the member’s office, and office, and

Is not available to the general publicIs not available to the general public

No time limit – applies to any current or former No time limit – applies to any current or former membermember


Court Order for Financial GainCourt Order for Financial Gain

NewNew

Application to Supreme Court where a Application to Supreme Court where a contravention of CC Division 6 ethical standard contravention of CC Division 6 ethical standard rules rules andand a realization of financial gain a realization of financial gain

Municipality or an elector may apply to seek a Municipality or an elector may apply to seek a court order to pay the municipality an amount court order to pay the municipality an amount equal to the all or part of the person’s financial equal to the all or part of the person’s financial gaingain


DisqualificationDisqualification

Consolidates all the disqualification provisions Consolidates all the disqualification provisions

S.110 sets out all the circumstances in which a S.110 sets out all the circumstances in which a person is disqualified from officeperson is disqualified from office

New disqualifications linked to new ethical New disqualifications linked to new ethical standard provisions (gifts, inside/outside standard provisions (gifts, inside/outside influence, etc)influence, etc)

Disqualification term for conflict of interest Disqualification term for conflict of interest changed – now until the next general electionchanged – now until the next general election

Process changesProcess changesCommunity Charter: LGMA 2003Community Charter: LGMA 2003

Bylaws/Council ProceduresBylaws/Council Procedures

Political organization of the municipalityPolitical organization of the municipality

Council proceduresCouncil procedures

Meeting rulesMeeting rules

Passing bylawsPassing bylaws


Political Organization of the MunicipalityPolitical Organization of the Municipality

Specifies council members’ responsibilitiesSpecifies council members’ responsibilities

Expands mayor’s responsibilitiesExpands mayor’s responsibilities

Designation of acting mayorDesignation of acting mayor

Confidentiality obligationsConfidentiality obligations


Council ProceduresCouncil Procedures

Expansion of what must be in procedure bylawExpansion of what must be in procedure bylaw Date of inaugural meetingDate of inaugural meeting Identification of public notice posting placesIdentification of public notice posting places Procedure for designating acting mayorProcedure for designating acting mayor

What may be in procedure bylawWhat may be in procedure bylaw

Power of mayor to reconsiderPower of mayor to reconsider


Meeting RulesMeeting Rules

General rule and exceptionsGeneral rule and exceptions Providing assistance to business (other than tax Providing assistance to business (other than tax

exemptions) for conservation or heritage propertiesexemptions) for conservation or heritage properties Dedication of park land or heritage propertiesDedication of park land or heritage properties Termination of officersTermination of officers Resolution to make application to disqualify council Resolution to make application to disqualify council

membermember Providing tax exemptions to heritage, riparian and Providing tax exemptions to heritage, riparian and

partnering propertiespartnering properties

Opportunity for electronic meetingsOpportunity for electronic meetings


Passing BylawsPassing Bylaws

Clear authority to include “sunset clauses” in Clear authority to include “sunset clauses” in bylawsbylaws

Detailed rules regarding revision of bylaws to Detailed rules regarding revision of bylaws to be set by regulationsbe set by regulations


Date post:	18-Jan-2018
Category:	Documents
Upload:	augustine-bruce
View:	219 times
Download:	0 times

The Community Charter Presentation to Local Government Management Association (LGMA) Ministry of...

Documents