When we think about “government” we often think of
the provincial or federal governments.
However, “local governments” – municipalities and regional districts – are
charged with land use planning and neighbourhood development for the
communities in which we live. They
create the regulations and laws that most directly affect us day to day as we
move about our business.
Local governments are also more accessible because
they deal with issues close to home.
They can be effective in working with community groups to ensure good
management of watersheds, and requiring that steps be taken to protect the
environment for individual developments.
Unlike the federal and provincial governments, which
get their powers from the Canada Constitution Act, 1867, local
governments and their powers are created by the provincial government under the
Local Government Act. The extent of municipal authority is defined under the Local
Government Act and other provincial legislation. The Ministry of Community, Aboriginal and Women’s Services
provide provincial oversight of local governments.
Different Types of Local Government
There are two main types of
local governments in B.C.: municipalities and regional districts. Most
of the province’s settled areas are located inside the boundaries of a
municipality, a regional district or both.
Municipalities are the
government of a village, town, district or city. They will be run by a mayor and council, elected by the citizens
of the municipality. Municipal
governments are responsible for:
·
providing basic services to the municipality’s
residents;
·
passing laws (known as bylaws) on several matters of
interest to local residents; and
·
ensure that development occurs in an organized manner
that meets the needs of the residents of the municipality.
For more information on the
powers of municipalities, see the Guide page on the Local
Government Act.
A Regional District is a
federation of several municipalities and rural areas not otherwise represented
by a municipality. There are 27
Regional Districts in B.C. that cover most of the province. Regional districts exist to:
·
Offer services and pass bylaws that are better
delivered at the regional, rather than municipal, level;
·
Coordinate planning and other activities between
multiple municipal governments; and
·
Fill a similar function to a municipal government for
those residents living in areas not covered by a municipality (unincorporated
areas).
The Guide has a page on the
function and powers of regional districts.
Limits of Local Government Powers
Local Governments are limited by the provincial Acts
that create them. All local governments,
except the City of Vancouver that has its own Charter,
operate under the Local Government Act
with respect to these roles. However,
some, like the Islands Trust and the Resort
Municipality of Whistler, have special acts that give them additional
powers.
Local governments must comply with
federal and provincial statutes, including the federal Charter of Rights and
Freedoms. They cannot regulate land
owned by the federal or provincial governments. Because of these federal and provincial Crown land exemptions,
the authority of local governments over land use does not usually apply to
airports, harbours, railways, Indian reserves or tree farm licenses on Crown
land, even if located within local government boundaries.
Related Guide Pages:
·
Local Government Act
·
Local Government Structure and
Procedures
For more information about Local Governments:
·
West Coast Environmental Law, The Smart Growth Guide to Local Government Law and Advocacy (2001)
·
CivicNet BC -- A gateway
to B.C.’s local governments.
·
Stewardship Centre on-line: http://www.stewardshipcentre.org/
