Background

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• Background
• Impetus for reform
• Government commitment
• Key events
• Community Charter Council
• May 2002 discussion paper
• Bill 14, Community Charter.

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• Key Themes
• Empowerment
• Balance
• Mutuality

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• Bills
• Community Charter
• Focus on municipal core powers
• Local Government Act remains
• Community Charter Transitional Provisions,
  Consequential Amendments and Other Amendments Act
  
• Maintains integrity of local government system

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• Regional districts
• Some Community Charter sections apply for
  example
• Alternative approval process
• Ethical standards
• Open meeting rules
• Duty of confidentiality
• Notice posting/publication

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• Regional districts contd
• Some Community Charter sections apply for
  example
• Ticketing
• Some of
• Concurrent authority
• Remedial action requirements
• Financial liabilities

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• Key Components of Community Charter
• Local-provincial relations
• Broad powers
• Accountability tools
• Other matters

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How the Pieces Fit Together
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• Important Dates
• January 1, 2004
• Gift Disclosure
• Public Inspection of Records
• January 2004
• Schedule of Council Meetings
• Early 2004
• Interest Rate Calculation
• April 29, 2004
• Procedure Bylaw

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• Staff roles and responsibilities
• Council/Administration relationships, powers and
  authorities
• Limits to council powers
• Individual councillor authority

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• Mayors responsibilities expanded to include
  (s.116)
• Providing leadership to council
• Reflecting the will of council
• Carrying out other duties as assigned by council
• Providing general direction on policies and
  programs to municipal officers on behalf of
  council
• Mayors power of reconsideration (s.131)

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• Specifies council members responsibilities
  (s.115)
• Consider well-being and interests of municipality
• Contribute to development and evaluation of
  policies and programs and
• Participate in council activities
• Council must designate a councillor to act in
  place of mayor (s.130)

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• Ethical conduct and consequences
• Duty of confidentiality (s.117)
• Duty to vote (s.123)

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• Applies to municipalities, regional districts,
  greater boards, trust committees and Vancouver
  elected officials
• Conflict of interest
• Disclosure of contracts
• Use of insider information
• Court order for financial gain
• Disqualification provisions
• Gifts restrictions on accepting and disclosure

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• Disclosure and restrictions
• Inside influence
• Outside influence
• Exceptions from restrictions

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• Disclosure and Restrictions
• Scope who, what and how fundamentally the same
  (s.100-101)
• A few noteworthy differences
• Declaration of non-pecuniary interests
• Withdraw erroneous conflict declarations

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• Where a direct or indirect pecuniary interest
  exists (s.102)
• Applies beyond formal council meetings
• Applies to council members influence of staff,
  persons or bodies with delegated authority,
  committees and other bodies

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• Where a direct or indirect pecuniary interest
  exists
• Council member must not use office to attempt to
  influence decision of outside agency or person
  (s.103)
• i.e. use of council letterhead for personal
  correspondence

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• Continues existing exceptions for conflict of
  interest and adds (s.104)
• Matters relating to local service, in common with
  other persons who are or would be liable for the
  local service tax
• New rules for council member representation where
  the member
• Has a legal right to be heard in respect of a
  matter or make representations to council, e.g.,
  s.18 authority to discontinue providing a
  service, and
• Would be restricted by ss.100 to 103 from
  exercising that right

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• Municipal contracts with a member, or a person
  who was a member at any time during the last 6
  months who has a direct or indirect pecuniary
  interest in that contract, must be reported as
  soon as reasonably practicable at an open council
  meeting (s.107)
• Council members and former members must also
  advise the corporate officer of any such contracts

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• Council members or former members must not use
  information/records for gaining or furthering a
  direct or indirect pecuniary interest where the
  record/information
• Was obtained in the performance of the members
  office, and
• Is not available to the general public (s.108)
• No time limit

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• Must not, directly or indirectly, accept a fee,
  gift or personal benefit that is connected with
  performance of the duties of office (s.105)
• Exceptions
• Received as an incident of protocol or social
  obligations that normally accompany the
  responsibilities of office
• Compensation authorized by law
• Lawful contributions made in relation to
  candidacy for a local government office

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• Disclosure required for allowable gifts (s.106)
• That exceed 250 in value or
• Where the total value, received directly or
  indirectly from one source in any 12 month
  period, exceeds 250
• Disclosure statement must be filed with the
  corporate officer
• Effective January 1, 2004

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• Gifts policy

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• Court order for financial gain (s.109)
• Application to Supreme Court where a
  contravention of Community Charter Division 6
  ethical standard rules and a realization of
  financial gain
• Municipality or an elector may apply to seek a
  court order to pay the municipality an amount
  equal to all or part of the persons financial
  gain

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• Disqualification
• S.110 sets out all the circumstances in which a
  person is disqualified from office
• New disqualifications linked to new ethical
  standard provisions (Gifts, inside/outside
  influence, etc)
• Disqualification term for conflict of interest
  changed now until the next general election

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• Disqualification contd
• Disqualification process set out in ss.111 to 113
  - with some significant process changes
• 10 electors to apply to Supreme Court, increased
  from 4
• Municipalities must make a court application
• Identifying grounds for disqualification and
• Made by a resolution adopted by at least 2/3 of
  all council members

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• Administrative Considerations
• Questions for councils
• How will council deal with setting expectations
  for councillor behaviour?
• What consequences should there be for
  non-compliance?

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• Elections
• Nothing changes
• Elector approval

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• Alternative approval process (s.86)
• New threshold of 10
• Streamlined process
• Petition (s.82)
• Simplified and clarified
• Community opinion (s.83)
• Seek opinion of anybody by any means

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• Procedure bylaw musts (s.124)
• Date of inaugural meeting
• Identification of public notice posting places
  applies to regional districts
• Procedure for designating the acting mayor
• Provide for minute-taking
• Transitional - 120 days to adopt

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• Procedure bylaw mays
• Authority for procedures for electronic meetings
• Different procedures for minute-taking for other
  bodies
• Any other procedural matter

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• Procedure Bylaw
• Explanatory notes

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• Notice (s. 94)
• Consistent requirements
• New public notice posting places requirement
• Application

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• Mandatory opportunities to make representation to
  council
• s.40 road closure
• s.18 discontinue providing service
• s.30 removing reservation/dedication of
  property
• s.70 persons affected by drainage works
• s.78 remedial actions
• i.e. nuisance and dangerous structures
• s.59 regulating business

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• Access to records (ss. 95, 96, 97)
• Consolidated
• Procedures for access
• Reports on request
• Regulatory bylaws (s.8)
• Refusing business licence (s.60)
• Alternative approval process population
  calculation (s.86)
• How municipal fees determined (s.194)
• How parcel tax rates were determined (s.200)

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• Termination of auditor final decision of council
• Requirement for reporting on content of
  complaints (s.172)
• Applies to municipalities and regional districts

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• Regular meeting schedule (s.127)
• Special meetings
• Alternative notice of meetings

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• General voting rule simple majority
• Exceptions to rule are reduced and simplified
• Five cases where 2/3 vote of all council members
• Providing assistance to business for conservation
  of heritage properties (s.25)
• Dedication of park land or heritage properties
  (s.30)

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• Five cases where 2/3 vote of all council members
  contd
• Resolution to make application to disqualify
  council member (s.111)
• Termination of officers (s.152)
• Providing special tax exemptions (i.e. heritage,
  riparian and partnering properties) (s.225)

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• Sets out general rule on open meetings, provides
  exceptions on when meetings can be closed, who
  may attend closed meetings and notice and
  disclosure requirements
• New additions to permissive closed meeting list
  (s.90(1))
• Preliminary service negotiations (if harmful)
• Objectives, measures and progress reports with
  staff for the annual report
• Administrative tribunal hearings

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• New additions to mandatory closed meetings list
  (s.90(2))
• Intergovernmental negotiations to consider
  information received in confidence
• i.e. First Nations Treaty Negotiations
• Consideration of investigations under the
  Ombudsman Act where the Ombudsman has provided
  notice
• Who may attend closed meetings (s.91)
• Applies to regional districts

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• Provide for in procedure bylaw (s.128)
• Hear or hear and see
• Special meetings vs. participation by
  council/committee
• Public notice and participation

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• Electronic Meetings

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• Natural Person Powers
• Service Powers
• Parkland
• Highways
• Regulatory Spheres
• Concurrent Authority
• Enforcement

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• Broad powers characteristics
• Multiple approaches
• Balance
• Local choice

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• S.8(1) - instead of listed corporate powers in
  the Local Government Act for example
• Make agreements
• Provide assistance
• Acquire/hold/manage/dispose of property
• Incorporate corporations
• Establish commissions
• Specific authorities continue (i.e. borrowing,
  delegation)
• Limitations and requirements

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• Provide any service council considers necessary
  or desirable (s.8(2))
• No bylaw
• Discontinuation of service
• Regulate, prohibit and impose requirements in
  relation to a service

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• Parkland
• Subdivision parkland (s.29)
• Municipal ownership (s.30)
• Municipal parkland
• Dedication by 2/3 vote of council
• Removal of dedication with elector approval

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• Municipal roads
• Municipal ownership (s.35)
• Road closures (ss.40-41)
• Regulatory authority (s.36)

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• Municipal Road Considerations
• Questions for council
• In what circumstance will you
• Close a road?
• Dispose of a road?
• Questions for administrators
• What are the steps in closing/disposing of a
  road?

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• Road Closure Whats new
• Ownership
• Highway closure
• Highway abandonment
• Land disposal

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• Authority to (s.8(3))
• Regulate
• Prohibit
• Impose requirements
• Specific authorities and limitations

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• Business Regulation
• Authority to regulate
• Limited authority to prohibit (s.59)
• Notice of business bylaw
• Regulatory Best Practices Guide

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• Decision-making considerations
• Whats the problem?
• How can the problem be addressed?
• Which service?
• Is it necessary or desirable?
• Is there regulatory authority?
• What type?

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• Decision-making considerations contd
• What are the implications of the different
  approaches to the problem?
• How will the service or regulatory authority
• Be provided or exercised?
• Be paid for?
• Are there other considerations?
• Will the approach chosen be effective?

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Concurrent Authority
Shared Interests
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Agreement
Concurrent Authority Mechanisms
Is This Concurrent?
Minister
Regulation
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• Concurrent Authority Considerations
• Examples that might trigger s.9
• Requiring 1 drywall in all new construction
• Restricting smoking in outdoor cafes
• Prohibiting use of pesticides

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• Direct Enforcement
• Ancillary powers
• Inspections (s.16)
• Entry on property (s.16)
• Action at defaulter's expense (s.17)
• Remedial action requirements
• In relation to
• Declared nuisances (s.74)
• Hazardous conditions (s.73)
• Harm to drainage/dikes (s.75)
• Single consolidated process

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• Offence Act Prosecutions
• Whats new
• Fines (s.263)
• Ability to set minimum fines
• Ability to set maximum fines up to 10,000
• Ability to set continuing fines

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• Municipal Ticketing
• Whats new
• Broader scope (s.264)
• Any bylaw, subject to limited restrictions
• Flexible evidence and procedure rules
• Fines (s.265)
• No judicial approval required
• Ability to set continuing fines
• Ability to set early-payment discounts

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• Enforcement Considerations
• Remedial action requirements
• Remember no delegation
• Offence Act prosecutions
• Review bylaws for fine amounts
• Municipal ticketing
• Review bylaws for
• Ticketable matters
• Fine amounts
• New bylaws
• Ticketable or not?
• Ticket amount?

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• Bylaw Enforcement Dispute Adjudication Process
• New legislation introduced
• Pilot project then move to broader application
• Intent minor infractions only
• Key Components
• Use of in-house screening officers
• Use of independent adjudicators
• Eased rules of service
• Use of compliance agreements
• Process located where appropriate

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• Annual municipal report (s.98)
• Report must be prepared by June 30 in each year
• Annual report must include
• Audited financial statements
• Permissive tax exemptions and amounts
• Report respecting municipal services and
  operations
• Progress Report
• Declarations of disqualifications
• Statement of objectives and measures for current
  and next year

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Progress Reporting
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• Annual Municipal Report

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• Limit set by regulation for all borrowing and
  long term agreements CC s.174(3)
• Regulation based on work of Liability Working
  Group
• New liability servicing limit will be based on
  annual financing costs as a percentage of
  municipal revenue
• 20 year phase-in of limit change
• Financial officer certification

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• Annual liability servicing costs cannot exceed
  25 of annual municipal revenue
• Municipal revenue includes
• Own source taxation, fees, and sales of services
  investment income and other revenue (franchise
  fees, concession fees, permits, rental income,
  penalties, fines)
• Adjustments made to major Industrial tax revenue
• Annual liability servicing costs include
• Debt payments (principal and interest)
• Payments on debt alternatives (i.e. capital
  leases)

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• Some liabilities do not require approval of the
  electors
• Set by separate regulation
• Likely to be 20 of the annual liability
  servicing limit

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• No municipal security issuing (s.182)
• Municipality informs regional district of
  intention to borrow
• Regional district consents to municipal
  borrowing by
• Separate consents for each borrowing
• One consent for all borrowing under a Loan
  Authorization
• Regional district consent given by regional
  district security issuing bylaw
• No Inspectors approval, at third reading
• Certificate of approval after adoption

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• Considerations
• Questions for councils
• What is the problem?
• Are capital works/facilities needed to resolve
  it?
• Does traditional financing or P3 offer a better
  business case?
• Should we borrow, do a P3, use reserves, or pay
  as we go?
• Is this included in our financial plan?

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• Considerations contd
• Questions for councils
• Have we factored in operating costs?
• How does it rate against other projects?
• What are the implications of proceeding under
  each alternative?
• Will servicing costs exceed limits?

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• May establish a reserve fund for any purpose
  (s.185)
• No elector approval required
• Authority to transfer from one reserve fund to
  another, with restrictions (s.189)
• Must use for original purpose first
• Capital to capital
• DCC and parkland restrictions

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• No change to statutory tax exemptions (s.220)
• Broader authority for permissive exemptions to
  not-for-profit organizations (s.224)
• Permissive tax exemption for exempt occupiers of
  property owned by public authority
• Standardized process for special exemptions
  (including heritage, riparian, cemeteries, golf
  courses and partnering) (s.225)
• New revitalization exemption opportunity

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• Agreements may set terms and conditions
• Long-term permissive exemptions no longer require
  assent of electors LGA s.341(1)(b)
• New notice and reporting requirement
  opportunities (s.227s.98)

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• Permissive exemptions no longer require 2/3 vote
  of council 2/3 is needed for special exemptions
  
• Provincial involvement for school tax exemptions
  for
• Partnering
• Golf course
• Cemetery

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• Revitalization tax exemption (CC s.226)
• Revitalization area designated in financial plan
  or OCP
• Program established by bylaw
• Only available for new improvements or
  alterations
• Limited to increased assessed value as result of
  new or altered improvement
• 5 year maximum, with one 5 year renewal
• No provincial tax exemption available

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• Approaches to permissive tax exemptions

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• Combines aspects of local improvements and
  specified areas (ss.210-219)
• Require a local area service if
• Service provided to only part of the
  municipality, and
• Local service tax will be imposed
• Elector petition, council initiative or assent of
  the electors needed

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• Petition and petition against thresholds
• 50 of the owners
• 50 of the assessed values
• Borrowing for local service area
• Recovered by local service tax approval in
  local service area
• Recovered by any other means elector approval
  in whole municipality
• Transitional provisions for projects in progress

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• BIAs (s.215)
• One type of local area service
• Combines BIA and MRBIA
• May base tax on any factor set out in bylaw
• May tax class 5 or 6 OR any property used to
  operate a business

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• Local Area Service Considerations
• What distinguishes this from other services
  provided to part of the municipality?
• How are the costs of such services usually
  recovered?
• Is this part of a phased plan to provide the
  service throughout the municipality?

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• Local Area Service Considerations cont'd
• If local tax is to be imposed, will it cover
  capital or operating costs or both?
• Will borrowing be needed?
• Who will pay the cost of the borrowing?
• For BIAs
• What types of business properties should be
  taxed?
• What should the tax be based on?

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• Central listing of all revenue sources (CC s.192)
• New revenue sources under discussion
• Change to taxes
• Clarify who may be charged parcel tax
• Clarify variation authority for parcel tax
• Changes to fees
• Specific restriction on imposing highway tolls
• Slightly broader variation authority

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