Community Heritage Commissions: Legislation

Following are excerpts of relevant legislation for local governments and regional districts. This information is provided for convenience, please refer to legislation for complete details.

Community Charter

Municipal Commissions [1]

Division 4 — Committees, Commissions and Other Bodies

Section 143

1.     A council may establish and appoint a commission to do one or more of the following:

a.     operate services;

b.     undertake operation and enforcement in relation to the council’s exercise of its authority to regulate, prohibit and impose requirements;

c.      manage property and licences held by the municipality.

 

Delegation of council authority

Section 154

1.     A council may, by bylaw, delegate its powers, duties and functions, including those specifically established by an enactment, to the extent provided, to

a.     a council member or council committee,

b.     an officer or employee of the municipality, or

c.      another body established by the council.

2.     As exceptions, a council may not delegate the following:

a.     the making of a bylaw;

b.     a power or duty exercisable only by bylaw;

c.      a power or duty established by this or any other Act that the council give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter;

d.     a power or duty established by an enactment that the council hear an appeal or reconsider an action, decision or other matter;

e.     a power or duty to terminate the appointment of an officer;

f.      the power to impose a remedial action requirement under Division 12 [Remedial Action Requirements] of Part 3.

3.     Despite subsection (1), a council may only delegate a power or duty to appoint or suspend an officer to its chief administrative officer.

4.     A council may not delegate under subsection (1) to a corporation.

5.     In exercising its powers under subsection (1), a council may establish any terms and conditions it considers appropriate.

 

Local Government Act [2]

Part 8 — Regional Districts: General Powers and Responsibilities

Division 1 — General Powers

Corporate powers

Section 263

1.     Subject to the specific limitations and conditions established under this or another Act, the corporate powers of a board include the following:

a.     to make agreements respecting

i.     the regional district’s services, including agreements respecting the undertaking, provision and operation of those services, other than the exercise of the board’s regulatory authority,

ii.     operation and enforcement in relation to the board’s exercise of its regulatory authority, and

iii.     the management of property or an interest in property held by the regional district;

b.     to make agreements with a public authority respecting

i.     activities, works or services within the powers of a party to the agreement, other than the exercise of regulatory authority, including agreements respecting the undertaking, provision and operation of activities, works and services,

ii.     operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and

iii.     the management of property or an interest in property held by a party to the agreement;

c.      to provide assistance for the purpose of benefiting the community or any aspect of the community;

d.     to acquire, hold, manage and dispose of land, improvements, personal property or other property, and any interest or right in or with respect to that property;

e.     to delegate its powers, duties and functions, in accordance with Division 7 [Delegation of Board Authority] of Part 6 [Regional Districts: Governance and Procedures];

f.      to engage in commercial, industrial and business undertakings and incorporate a corporation or acquire shares in a corporation for that purpose;

g.     to establish commissions to

i.     operate regional district services,

ii.     undertake operation and enforcement in relation to the board’s exercise of its regulatory authority, and

iii.     manage property or an interest in property held by the regional district.

2.     In exercising its powers under subsection (1), a board may establish any terms and conditions it considers appropriate.

3.     The powers of a board under subsection (1) may be exercised outside the boundaries of the regional district.

Local Government Act

Division 9 — Local Community Commissions [3]

Establishment of local community commissions

Section 243

1.     A board may, by bylaw, establish in an electoral area one or more local communities to be administered by local community commissions.

2.     A bylaw establishing a local community must do the following:

a.     name the local community;

b.     establish the boundaries of the local community;

c.      establish the time and manner of holding annual general meetings of the commission;

i.     that elections for commissioners are to be held every 4 years at the time of the general local election, or

ii.     that elections for commissioners are to be held each year at a time specified in the bylaw.

3.     A bylaw establishing a local community may do one or more of the following:

a.     establish the manner of holding elections for commissioners, if this is to be different from that provided by the application of Part 3 [Electors and Elections];

b.     provide that the number of elected commissioners is to be 6;

c.      set terms, conditions and restrictions on activities of the commission.

4.     Except as provided by bylaw under subsection (3) (a), Part 3 applies to the election of commissioners.

5.     A bylaw under subsection (3) (a) must be adopted at least 8 weeks before the general voting day for the election to which it first applies.

 

Requirement for assent of electors and inspector approval

244

1.     A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw, has no effect unless it receives the assent of the electors in the area of the local community and is approved by the inspector.

2.     As an exception to subsection (1), the minister may waive the requirement for assent of the electors to a bylaw that amends or repeals a bylaw establishing a local community.

3.     For the purposes of obtaining the assent of the electors as required by this section, Part 4 [Assent Voting] applies and the voting area is to be the proposed local community or the local community, as applicable.

Commission membership

245

1.     The commission for a local community consists of

a.     as applicable,

i.     4 elected commissioners unless a bylaw under section 243 (3) (b) [increase in number of commissioners] applies, or

ii.     6 elected commissioners if such a bylaw does apply, and

b.     the director for the electoral area in which the local community is located.

2.     A commissioner must have the qualifications to hold office as a director.

3.     The term of office for elected commissioners is, as applicable,

a.     if the bylaw establishing the local community specifies that elections are to be held every 4 years, 4 years or until their successors are elected, whichever is later, or

b.     if the bylaw establishing the local community specifies that elections are to be held each year, one year or until their successors are elected, whichever is later.

4.     At each annual general meeting, the commissioners must elect a chair and a vice-chair.

 

Local Government Act

Heritage Conservation, Part 15, Division 3 — Heritage Review

Community heritage commissions

597

1.     In addition to the authority under section 263 (1) (f) [regional district commissions] of this Act or section 143 [municipal commissions] of the Community Charter, a local government may designate an existing organization to act as a community heritage commission.

2.     In relation to an organization designated under subsection (1),

a.     when the organization is acting as a community heritage commission, the organization is deemed to be a commission established under the applicable provision referred to in subsection (1), and

b.     when a member of the organization is acting as a member of a community heritage commission, the member is deemed to be a member of a commission established under the applicable provision referred to in subsection (1).

[1] Community Charter (Committees, Commissions and Other Bodies)

[2] Local Government Act (General Powers and Responsibilities)

[3] Local Government Act (Local Community Commissions)