COMMUNITY CHARTER COUNCIL ACT

[SBC 2001] CHAPTER 35

[New Act]

Preamble

WHEREAS the Provincial government believes that

(a) municipalities should have greater autonomy,

(b) municipalities should have a wider range of tools to reduce reliance on property tax revenues, and

(c) the Provincial government should not reduce its costs by transferring responsibilities to municipalities;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Community Charter Council established

1 The Community Charter Council is established, consisting of the following members:

(a) the minister, who is to be the chair;

(b) 3 persons appointed by the Lieutenant Governor in Council to represent provincial government interests;

(c) 4 persons appointed by the Union of British Columbia Municipalities to represent local government interests;

(d) 4 persons appointed by the Lieutenant Governor in Council, on the advice of the Union of British Columbia Municipalities, who are to be members at large.

Role of Council

2 (1) The Community Charter Council is responsible for preparing a report to the Executive Council recommending legislation, to be titled the Community Charter, that will establish a new foundation for municipal government in British Columbia.

(2) The report must include a draft Community Charter, including required consequential and transitional provisions, prepared with the assistance of staff of the Ministry of Community, Aboriginal and Women’s Services and the Office of Legislative Counsel.

(3) The Community Charter Council may

(a) prepare one or more interim reports for the Executive Council respecting proposed provisions of the draft Community Charter, and

(b) establish one or more advisory committees to assist it in preparing its reports and appoint persons to those committees.

Principles to consider in preparing report

3 Recognizing the constitutional responsibilities of the Provincial government, the Community Charter Council must consider the following principles in preparing its report:

(a) the residents of British Columbia have the right to form autonomous municipalities that provide for the residents’ needs for community association;

(b) municipalities are recognized as an order of government;

(c) municipal governments must be democratically elected, responsible, accountable and accessible;

(d) municipal governments must be provided with adequate powers and discretion to address existing and future community needs;

(e) municipal governments have authority to determine the public interest of their communities, including authority to determine the level of municipal expenditures and taxation;

(f) municipal governments have authority to determine their administrative mechanisms in order to adapt them to community needs and to ensure effective management and delivery of services;

(g) municipalities must be able to draw on financial and other resources that are adequate to support community needs;

(h) before new responsibilities are assigned to municipalities, there must be provision for resources required to fulfil the responsibilities;

(i) the Provincial government must respect municipal authority in areas of municipal jurisdiction;

(j) the Provincial government must respect the varying needs and conditions of different municipalities in different areas of British Columbia when taking actions that directly and specifically affect municipalities;

(k) the Provincial government must notify and consult with municipal representatives before it takes actions that directly and specifically affect municipalities and when addressing interprovincial, national or international issues or agreements that will directly and specifically affect municipalities;

(l) the Provincial government and municipalities will attempt to resolve conflicts by consultation, negotiation, facilitation and, if necessary, formal dispute resolution.

Delivery of report

4 The final report of the Community Charter Council must be delivered to the Executive Council by January 15, 2002, unless an extension is authorized by the Lieutenant Governor in Council.

Reimbursement

5 The members of the Community Charter Council and the members of a committee established under section 2 (3) (b) must be reimbursed for reasonable out of pocket travelling and other expenses incurred in the discharge of duties.

 

Consequential Amendment

[Note: See Table of Legislative Changes for the status of these provisions.]