The Community Charter

1. The Community Charter Presentation to Local Government Management Association (LGMA) June 17, 2003 Ministry of Community, Aboriginal and Women’s Services

2. The Community Charter Introduction Dale Wall Ministry of Community, Aboriginal and Women’s Services

3. The Community Charter Broad Powers Nicola Marotz Ministry of Community, Aboriginal and Women’s Services

4. Introduction • Broad powers approach • Types of broad powers • Concurrent authority • Specific powers Community Charter: LGMA 2003

5. Other Provisions are Important • Interpretation provisions • Limitations and requirements • Ancillary powers Community Charter: LGMA 2003

6. How the Pieces Fit Together Part 2 Principles, Purposes and Interpretation Municipal Purposes and Powers Part 1 Additional Powers and Limitations on Powers Other Legislation Part 3 Community Charter: LGMA 2003

7. Broad Powers • Three types of powers • Natural person • Service • Regulatory spheres Community Charter: LGMA 2003

8. Natural Person Powers • 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 (e.g. borrowing; delegation) • Limitations and requirements Community Charter: LGMA 2003

9. Service powers Service Powers • Any service council considers necessary or desirable • Same authority as in Local Government Act • Discontinuation of service (s.18) • Regulate, prohibit and impose requirements in relation to a service Community Charter: LGMA 2003

10. Regulatory Spheres Power Regulate Prohibit Require Sphere 13 Spheres X Signs X Firearms Business X X Community Charter: LGMA 2003

11. Regulatory Spheres • Authority to • Regulate • Prohibit • Impose requirements • Limitations and requirements Community Charter: LGMA 2003

12. Protection of natural environment Prohibiting soil deposit or removal Building standards Concurrent Authority WLAP, SRM, AFF Health Planning Public health WLAP, AFF Wildlife WLAP, E&M CAWS Community Charter: LGMA 2003

13. Concurrent Approval Options 9(3)(b) By Agreement Is this concurrent? By Regulation By Minister 9(3)(a) 9(3)(c) Community Charter: LGMA 2003

14. Specific Powers • Ownership of subdivision parkland • Ownership of municipal highways • Remedial action requirements Community Charter: LGMA 2003

15. The Community Charter Financial Powers Brenda Gibson Ministry of Community, Aboriginal and Women’s Services

16. Financial Operations – What’s Not Changing(or not changing much) • Financial planning • Financial reporting • Auditing • Instruments to incur liabilities Community Charter: LGMA 2003

17. Reserve Funds • May establish a reserve fund for any purpose • No elector involvement in operating reserves • Authority to transfer from one reserve fund to another, with restrictions • Must use for original purpose first • Capital to capital • DCC and parkland restrictions Community Charter: LGMA 2003

18. Asset Management • Retain the effect of s. 248 orders – now in s. 315.3 • Minister may confer further powers to manage and dispose of assets • Retain restriction and process when disposing of assets acquired with provincial grants – moved from LGA to Transitional Provisions Community Charter: LGMA 2003

19. Liability Limit Proposals • Limit will apply to all long term liabilities, including • Borrowing under loan authorization • P3s and other liabilities under agreement • Long-term leases • Limit will be established by regulation • Was a liability limit based on assessments • Will be a debt servicing limit based on revenue Community Charter: LGMA 2003

20. Liability Limit Proposals • Remaining decisions • % of annual revenue • definition of key terms (revenue; liabilities) Community Charter: LGMA 2003

21. Elector Approval for Liabilitiesand Borrowing • Approval for “concept” of partnering agreement • Ability to combine related matters • New regulation authority to make exceptions to voter approval requirements • Proposed assent free zone • Proposed new exemptions for certain types of capital works or types of liabilities Community Charter: LGMA 2003

22. Borrowing Process – Proposals • Municipal Borrowing • Loan Authorization may not need Certificate of Approval after adoption • No municipal Security Issuing • 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 Community Charter: LGMA 2003

23. Borrowing Process – Proposals • No municipal Security Issuing contd. • Regional District consent given by Regional District Security Issuing bylaw • Regional District Security Issuing will not need Inspector’s Approval, at third reading • Regional District Security Issuing may not need Certificate of Approval after adoption Community Charter: LGMA 2003

24. Revenue – What’s Not Changing(or not changing much) • Property value taxation • Fees and charges • Statutory property tax exemptions Community Charter: LGMA 2003

25. Taxes and Fees • Assessment phasing and averaging by regulation • Clarification of parcel tax variation authority • Parcel tax only on properties able to get services • Interest calculations (s. 193.1) • May specify method of calculating interest by bylaw • Bylaws may be retroactive to February 19, 2003 (under Bill 6) Community Charter: LGMA 2003

26. Local Service Taxes • Combines aspects of local improvements and specified areas • 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 Community Charter: LGMA 2003

27. Local Service Taxes • 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 Community Charter: LGMA 2003

28. Permissive Exemptions • More flexible general permissives • Any non-profit • Exempt occupier of publicly-owned facility • Partnering, heritage, riparian, golf course, cemetery • Combined in one section, with one process • Greater flexibility – extent of exemption defined by agreement • No direct elector involvement, but new notice and reporting requirements Community Charter: LGMA 2003

29. New Revitalization Tax Exemption • Revitalization area designated in financial plan or OCP • Program established by bylaw • Exemptions limited to new improvements or alterations • Limited to increased assessed value as result of new or altered improvement • 5 year maximum, with one 5 year renewal Community Charter: LGMA 2003

30. The Community Charter Public Participation and Council Accountability Elizabeth Brennan Ministry of Community, Aboriginal and Women’s Services

31. Accountability Framework • Direct participation • Access • Ethical standards Community Charter: LGMA 2003

32. Direct Participation • Elections • Elector approval • Referenda • Alternative approval process • Application to Court • Audit Community Charter: LGMA 2003

33. Access • Reporting • Information • Open meetings • Opportunity to make representations Community Charter: LGMA 2003

34. Ethical Standards • Conflict of interest • Gifts – restrictions on accepting and disclosure • Disclosure of contracts • Use of insider information • Court order for financial gain • Disqualification provisions Community Charter: LGMA 2003

35. Conflict of Interest: Disclosure and Restrictions • Scope [who, what and how] fundamentally the same • A few noteworthy differences: • Declaration for other interests in matters that constitute a conflict of interest (e.g., bias), required due to new voting rules [CC s.123 (3)] • new provision for members to “withdraw” erroneous conflict declarations • Contravention Community Charter: LGMA 2003

36. Conflict of Interest: Restrictions on Inside and Outside Influence • New • If direct or indirect pecuniary interest in a matter, must not use his or her office to attempt to influence in any way • Decisions • Recommendations, or • Other actions Community Charter: LGMA 2003

37. Gifts • Restrictions • Exceptions • Incident of protocol or social obligations that accompanies responsibility of office • Compensation authorized by law • Lawful contributions made in relation to candidacy for office • Disclosure requirement Community Charter: LGMA 2003

38. Special Transitional Provisions for Disclosure of Gifts • Bill 67 s. 14 requires disclosure for all gifts and personal benefits: • Received after Royal Assent of the Community Charter [May 29, 2003] using reasonable efforts • But reporting obligation regarding gifts/benefits received from one source in any 12 month period does not apply to anything received prior to Community Charter Royal Assent Community Charter: LGMA 2003

39. Disclosure of Contracts • New • 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 • Council members and former members must also advise the corporate officer of any such contracts Community Charter: LGMA 2003

40. Restrictions on Use of Insider Information • New • 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 member’s office, and • Is not available to the general public • No time limit – applies to any current or former member Community Charter: LGMA 2003

41. Court Order for Financial Gain • New • Application to Supreme Court where a contravention of CC 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 the all or part of the person’s financial gain Community Charter: LGMA 2003

42. Disqualification • Consolidates all the disqualification provisions • 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 • Process changes Community Charter: LGMA 2003

43. Bylaws/Council Procedures • Political organization of the municipality • Council procedures • Meeting rules • Passing bylaws Community Charter: LGMA 2003

44. Political Organization of the Municipality • Specifies council members’ responsibilities • Expands mayor’s responsibilities • Designation of acting mayor • Confidentiality obligations Community Charter: LGMA 2003

45. Council Procedures • Expansion of what must be in procedure bylaw • Date of inaugural meeting • Identification of public notice posting places • Procedure for designating acting mayor • What may be in procedure bylaw • Power of mayor to reconsider Community Charter: LGMA 2003

46. Meeting Rules • General rule and exceptions • Providing assistance to business (other than tax exemptions) for conservation or heritage properties • Dedication of park land or heritage properties • Termination of officers • Resolution to make application to disqualify council member • Providing tax exemptions to heritage, riparian and partnering properties • Opportunity for electronic meetings Community Charter: LGMA 2003

47. Passing Bylaws • Clear authority to include “sunset clauses” in bylaws • Detailed rules regarding revision of bylaws to be set by regulations Community Charter: LGMA 2003