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COUNCIL THE LAW Legal Boot Camp

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COUNCIL THE LAW Legal Boot Camp

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    1. Kevin Latimer, Q.C. Ashley Dunn COUNCIL & THE LAW (“Legal Boot Camp”)

    2. I. Council Authority & Powers Municipal Government Act, S.N.S., c. 18, s. 2 Purpose of Act Broad authority to councils Good government, services & facilities, safe and viable communities

    3. I. Council Authority & Powers By-law Making Part VII – By-Laws Part VIII – Planning and Development Part IX – Subdivision Part XII – Streets and Highways Part XIII – Solid Waste

    4. I. Council Authority & Powers Interpretation “Laws setting out municipal powers should be interpreted broadly and with regard to their purpose, not narrowly and with undue strictness.” Halifax v. DeWolfe Trucking Ltd. (2007) 257 N.S.R. (2d) 276 (C.A.)

    5. II. Operational/Practical Considerations MGA, ss. 28-31 CAO Role Council Role

    6. II. Operational/Practical Considerations MGA, s. 47 Expression of Council decision-making

    7. II. Operational/Practical Considerations No “parliamentary” privilege Inside/Outside Council “Qualified” privilege on a case-by-case basis

    8. III. Conflict of Interest Municipal Conflict of Interest Act, R.S.N.S. 1989, c. 299 Pecuniary Interests: DIRECT INDIRECT DEEMED (immediate family members & siblings & their spouses, persons residing with you)

    9. III. Conflict of Interest Interests excluded: Pecuniary interest in common with electors generally Interest in receiving common services Appointment to board, committee or other body etc.

    10. III. Conflict of Interest Conflict Procedure: Declare Interest & Withdraw No Voting or Discussion Record Declaration

    11. III. Conflict of Interest Consequences: Seat Forfeited Potential Disqualification up to 10 years Restitution Penalty up to $25,000 Council’s action voidable

    12. IV. Civil Liability MGA, s.88 Ministerial Approval needed for: Borrowing money Guaranteeing loans etc. Signing a promissory note or bill of exchange – as agent

    13. IV. Civil Liability MGA, s.22 Closed council or committee meeting Cannot disclose: Reports submitted Details of matters discussed Where municipality has lost money or where a councillor or employee has gained financially Consequences: Liable to the municipality for the amount of loss/gain

    14. V. Criminal Code of Canada s.121 ? frauds on the government s.122 ? breach of trust by public officer s.123 ? municipal corruption s.124 ? selling or purchasing office s.125 ? influencing or negotiating appointments

    15. VI. Municipal Elections Act Municipal Elections Act, R.S.N.S. 1989, c. 300 s.18 – Disqualified Persons Ordinarily resident Holds office or employment in the service of the municipality, or any utility, board, commission, committee or official thereof, and receives remuneration of any kind Absent from 3 consecutive meetings Convicted of a corrupt practice or bribery Convicted of indictable offence punishable by imprisonment for a maximum of more than 5 years

    16. VII. Summary/Conclusions Broad Powers Statutory Authority Practical Considerations / day to day Conflict Awareness/Avoidance Civil Risk Criminal Sanctions Ongoing Eligibility to Serve

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