Local Government Structure and Procedures

Local Governments, under the Local Government Act, have some flexibility in how it conducts its business. 

Local Government Structures

The Act requires the local government to have a governing body. 

·          For municipalities (cities, towns and villages) this body is the Council, comprised of Mayor and Councilors who are elected for three year terms. 

·          In the case of regional districts, a Regional Board is composed of Directors, who are municipal councilors appointed to the board by each municipality located within the regional district and electoral area directors who are elected by the citizens of unincorporated electoral areas (areas not covered by municipalities). 

Councilors and directors instruct municipal and regional district staff to develop and administer programs and services.

In addition, the Council or Board may set up other structures, such as:

·          Select committees to consider or inquire into any matter and to report its findings and opinion to the council.  A select committee usually chaired by a councilor, but may include members of the public. 

·          Public bodies such as an Advisory Planning Commission to provide expert advice on specialized issues.  The recommendations of these bodies are not binding and do not restrict Council’s decision-making powers.

·          Other bodies required under the Local Government Act. For example, a local government must establish a board of variance if it has adopted a zoning bylaw.  A person may apply to a board of variance for an exception to the zoning bylaw if the zoning bylaw would cause them undue hardship.

Staff will carry out the day to day operations of the local government, following the general directions of the Council or Board.  In addition, Councilors or Directors will generally be very dependent on their staff for information and to carry out their decisions.  In addition, local government staff can be an important source of information for Watershed Protection Advocates.  Try to identify what department within a local government is responsible for the decision you are interested in, and arrange a meeting at an early stage. 

 

Council and Board Meetings

The Local Government Act sets out some important procedures for the meetings of local governments.  Regular Council and Board meetings are open to the public.  No one may be excluded except for “improper conduct” and in specific situations where confidentiality is required (called “in camera” meetings).  Council must state by resolution that a meeting is to be closed, and may only do so if the meeting will address particular topics, including, for example: personal information about an individual, labour relations, or litigation.

There is no right for a member of the public to participate in a council meeting (as opposed to public hearings held by Council, see below).  However, often council will invite comments on the issues before them or will hear from members of the public who request an opportunity to make a submission.  Each council and board must pass a procedures bylaw to regulate how council meetings will be conducted.  If you wish to participate in a Council Meeting, try to get a copy of the procedures bylaw. 

Councils and boards conduct business by: developing policies, passing bylaws and resolutions, and directing staff to carry out duties. 

While policies, resolutions and directions require only one majority vote of the Council/Board, bylaws, which impose new legal requirements on the public at large, require three “readings.”  The normal procedure is to introduce a bylaw and give it first, second and third reading by resolution of council at one council meeting.  There must be one day between third reading and adoption of the bylaw, except in the case of zoning bylaws that may be adopted at the same meeting of council at which third reading occurred.  Zoning bylaws also require a public hearing before third reading. 

Some bylaws require approval by the electors, the provincial cabinet, the Minister or the Inspector of Municipalities.  This approval must be obtained after third reading before the final adoption.

Public Hearings

Public hearings, at which members of the public have a right to participate, are usually required for bylaw changes relating to community plans, or zoning. 

A local government may waive the requirement to hold a public hearing on a zoning bylaw if an Official Community Plan in effect for the area is consistent with the proposed zoning bylaw.  Notice of the decision not to hold a public hearing must be given to the public. 

The Local Government Act requires that:

·          the Local Government must inform the public of the public hearing through publishing a notice in a local newspaper.  The notice should contain the date, time and place of hearing, as well as sufficient detail to allow the public to understand what the public hearing is about. 

·          Documents relating to the zoning decision should be available to the public before the hearing. 

·          At the public hearing all people who believe that their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw that is the subject of the hearing.  The chair of the public hearing may limit public input by, for example, setting reasonable time limits on presentations. 

Council members are not required to follow what a majority of the citizens at the public hearing want.  A public hearing is simply an opportunity to express to council opinions on the matter in issue.

Other Public Consultation

There are general requirements for a local government to consult the public while developing an Official Community Plan. 

In addition, however, local governments are increasingly turning to informal participation mechanisms to help resolve conflicts before significant time and money has been spent on a project or process.  Some planning departments use processes involving the municipality, neighbours, businesses and professional designers such as architects to help set a vision for a specific neighbourhood or micro-neighbourhood. 

Local governments may require developers to consult with the appropriate neighbourhood, environmental or community organizations before a proposed project is accepted into the municipal approvals process. 

Finally, municipalities can involved community groups in ongoing monitoring of existing plans and programs.  These “quality of life” monitors can include everything from economic data to ecosystem functioning and social stability.

Related Guide Pages:

·          Local Governments

·          Local Government Act

·          Regional Districts

For more information on local government structure and procedures:

·          An electronic copy of the Local Government Act.

·          Federation of Canadian Municipalities, Tools for Assessing Sustainability.

·          Linda Nowlan, Chris Rolfe and Kathy Grant, The Smart Growth Guide to Local Government Law and Advocacy (Vancouver: West Coast Environmental Law, 2001).

·          “Communicating Effectively with Local Government” from the Successful Communities Forum’s Citizen’s Guide to Development Planning.