When we think about “government” we often think of the provincial or
federal governments. However, “local
governments,” or 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 the Attorney General and the
Ministry Community, Aboriginal and Women’s Services jointly administer the Act.
The province is divided into both regional districts and smaller units of municipalities (that
may be a village, town, district or city) located within regional
districts. Twenty-seven regional districts, federations of municipalities and
unincorporated or rural areas cover most of the province.
Most of the province’s settled areas are located
inside the boundaries of a municipality, a regional district or both. There are
151 municipalities in the province.
Regional districts provide land use planning and services to those areas
of the province that have no municipality. In addition, the Minister of
Community, Aboriginal and Women’s Services also has the power to regulate land
use planning in these areas under the Local Services Act.
Extent
of Local Government Powers
The Local Government Act creates the basic structure of Local Governments and gives them the
authority to manage the day-to-day services upon which residents depend, such
as water supply, roads, fire and police protection, sewage disposal, garbage disposal,
and park and recreation facilities.
Municipal powers also include land use, development, and implementation
of regional growth strategies, community planning, zoning and development
control.
Generally, there are three levels of local government land use planning
that are necessary to understand:
·
Direct Substantive Requirements and Actions. “On the ground” requirements such as
development permits, capital expenditures, and/or zoning bylaws that directly
determine what can be built.
·
Municipal Level Guiding Plans. Plans at this level guide or limit the direct
actions undertaken by municipalities, such as official community plans and
capital expenditure plans.
·
Regional Level Guiding Plans. Higher level plans influence the content of municipal
level guiding plans, such as regional growth strategy plans.
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 statutes 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.
Local governments have a range of powers to protect
watersheds under the Local Government Act, including:
·
Planning -- Official
Community Plans (OCP) – to provide overall guidance for the development of
the community and establish where different uses will occur, while Regional growth strategies and their implementation
agreements coordinate growth throughout a regional district. Greenways Planning
allows government to plan for the connection of greenways, such as ecological
corridors and transportation routes. Storm water management and floodplain protection regulates
the quantity and quality of runoff, and ensures ecological functioning in
watercourses.
·
Bylaws – to regulate
specific activities (tree protection, watercourses, nuisances, etc.).
·
Land Use Restrictions – Such as Zoning By-laws, which provide for different uses and
forms of development in different areas, and Subdivision
requirements, which limit how land is divided into smaller lots. Development Permit
Areas can be used to require specific measures in areas of special interest
to Council (including environmentally sensitive areas).
·
Incentives for Green Development – Local
Government can give developers a Density Bonus
(additional density or units) in return for the provision of an amenity, such
as protection of the environment, or affordable housing. They can also grant Tax
Exemptions to support the dedication of riparian land for environmental
protection.
·
Local Government Land – The local government can
own and operate Parks or can hold conservation
covenants (a right to ensure that environmental conservation takes place on a
particular piece of private land).
Local government can get these rights by receiving ecological gifts
(donation), by purchasing the property, as a consequence of a subdivision, or expropriating
it from the current land owner.
·
Development Cost Charges
– A new developments can be required to pay for the local infrastructure and
services, such as parks, that they require.
Municipalities
have wide powers that can be used to protect the environment. At the same time, however, elected municipal
councils (or regional district boards) are under few obligations to use the
provisions in the Local Government Act to protect the environment. There are a few provisions of the Act
related to putting matters (or objections to a decision) before a municipal
council through petitions. In the ends, however, the political will to protect the local
environment through land use planning and development is crucial. See the lobbying
government page of the Guide for suggestions on how to encourage local (and
other) politicians to do the right thing.
Related Guide Pages:
·
Local Government Structure and
Procedures
·
Local Government Act – By-laws
·
Local Government Act – Land Use
Zoning
·
Local Government Act –
Subdivision Approval
·
Local Government Act – Official
Community Plans
·
Local Government Act –
Development Permit Areas
·
Local Government Act – Tax
Exemptions
·
Local Government Parks
·
Local Government Expropriation
Powers
·
Regional Districts
·
Regional Growth Strategies
·
Local Government Act – Other
Tools
For more information about the Local Government Act:
·
Electronic version of the Local Government Act.
·
Deborah Curran, Environmental Stewardship and Complete
Communities: A Report on Municipal Environmental Initiatives in British
Columbia 1999, (University of Victoria: Victoria, 1999).
·
The Smart Growth Guide to Local
Government Law and Advocacy, a West Coast Environmental Law publication
that examines the environmental powers of local governments in detail.
·
The Successful
Communities Forum’s Citizen’s
Guide to Development Planning.
·
CivicNet BC -- A gateway to B.C.’s local
governments.
·
Ministry of
Community, Aboriginal and Women’s Services web-site.
