Community Heritage Commissions: Sample Enabling Bylaw
With minor alterations, this sample bylaw was prepared by Lidstone, Young, Anderson for Heritage Conservation: A Technical Manual for Local Governments, 1995.)
WHEREAS:
A. The Council is authorized to establish by bylaw a community heritage commission pursuant to Part 15, Division 3 – Heritage Review, Local Government Act (December 16, 2015);
B. The Council considers that it is in the public interest to establish a community heritage commission to advise the Council in respect of heritage conservation and to undertake and support activities that promote and assist in the conservation of the heritage of the City;
NOW THEREFORE IN OPEN MEETING ASSEMBLED, THE COUNCIL ENACTS AS FOLLOWS:
1. TITLE
This Bylaw may be cited for all purposes as the “[Name of local government] Community Heritage Commission”.
2. INTERPRETATION
In this Bylaw:
2.1 Commission means Community Heritage Commission established under section 3.
3. ESTABLISHMENT, COMPOSITION AND APPOINTMENT OF COMMISSION
3.1 There is hereby established a Community Heritage Commission known as the _____.
3.2 The Commission shall be composed of a minimum of _____ persons whom shall be appointed by resolution of the Council as follows:
a) _____ member from the Council;
b) _____ member from among the persons nominated by _____ and in the absence e of any nomination, a person selected by the Mayor;
c) _____ member from among the persons nominated by _____ and in the absence of any nomination a person selected by the Mayor; and
d) As many other members from persons selected by Council, nominated by citizens or organizations as Council may choose to appoint.
3.3 The Council shall designate one of the members of the Commission as chairperson and one as vice-chairperson of the Commission.
3.4 Members of the Commission shall be appointed annually in the month of _____ to commence their term of office on _____. Members of the Commission hold office at the pleasure of the Council.
3.5 Subject to 3.7, all members shall hold office until the later of December 31 following the commencement of their terms or until their successors are appointed. Existing members shall be eligible for re-appointment to a maximum of _____ successive terms.
3.6 When the membership of the Commission falls below _____ any vacancy occurring in the membership of the Commission shall be filled forthwith by the Council for the unexpired term of the vacancy. Any member appointed in mid-term shall be eligible upon conclusion of the term for reappointment to a maximum of _____ successive terms.
3.7 The Council may terminate the appointment of any member of the Commission without notice.
3.8 The Chairperson shall advise Council immediately in writing of any member who has been absent from meetings for the Commission for _____ consecutive meetings without prior leave of absence having been granted by the Commission.
3.9 No member of the Commission shall receive any remuneration for services, however, a member shall be reimbursed for any reasonable out of pocket expenses incurred on behalf of and previously approved by the Commission.
4. TERMS OF REFERENCE
4.1 The Commission is appointed for the purpose of advising the Council on heritage conservation matters and undertaking and providing support for such activities as benefit and provide for the advancement of heritage conservation in the City. The Commission may also conserve, administer, and maintain property own by the property.
5. DUTIES OF COMMISSION
5.1 The Commission will:
a) Conserve, administer, maintain and operate the civic heritage property described in Schedule “A” to this bylaw in accordance with the bylaws of the Council and subject to Council’s direction;
b) Advise council on any matter referred to it by the Council;
c) Undertake and provide support for such heritage activities as directed by Council;
d) Establish and administer a grants in aid and financial assistance application process for organizations, institutions, or other groups requiring financial assistance to engage in activities:
i. To conserve or relating to the conservation of heritage property or heritage resources;
ii. To gain knowledge about the community’s history and heritage;
iii. To increase public awareness, understanding and appreciation of the community’s history and heritage;
iv. Necessary or desirable with respect to conservation of heritage property or heritage resources;
And to evaluate such applications received annually on or before _____ of each year and recommend to Co8ncil grants and financial assistance that the Commission considers to be given.
5.2 The Commission may:
a) Develop and implement educational and public awareness programs related to heritage conservation in the City;
b) Raise funds for local heritage conservation projects;
c) Make recommendations on heritage policy and advise Council on policy issues relating to heritage property and neighbourhoods
6. OPERATIONS OF COMMISSION
6.1 The Commission may adopt such rules for its procedure not inconsistent with the provisions of the Local Government Act or this Bylaw as it may deem expedient and may alter, amend or vary the same as it may be required provided that copies of such rules and procedures and variations and amendments of the rules shall forthwith be forward to the City Clerk.
6.2 The Commission shall hold regular meetings, at such time and place within the City as it may decide, and _____ of the number of members in office shall constitute a quorum.
6.3 The Chairperson, or any two (2) members may summon a special meeting of the Commission by giving at least _____ days notice in writing to each member stating the purpose for which the meeting is called.
6.4 The Chairperson may appoint such committees from within the Commission as he or she may deem necessary.
6.5 All members of the Commission, including the presiding member, may vote on questions before it, and in all cases where the votes of the members present are equal for and against the question, the question shall be negatived. Any member then present who abstains from voting shall be deemed to have voted in the affirmative.
6.6 The Chairperson shall preserve order and decide all points of order which may arise, subject to an appeal to the other members present. All such appeals shall be decided without debate.
6.7 All questions before the Commission shall be decided by a majority of the members present at the meeting.
6.8 No act or other proceedings of the Commission shall be valid, unless it is authorized by resolution at a meeting of the Commission
6.9 The minutes of the proceedings of all meetings of the Commission shall be maintained in a Minute Book and forthwith following each meeting of the Commission, a copy, when signed by the Chairperson or member presiding shall be forwarded to the City Clerk.
6.10 Subject to section 6.11, all meetings of the Commission shall be open to the public;
6.11 The Council may by resolution authorize the Commission to consider any specific matter incamera and hereby authorizes the Commission to consider all of the following general matters in camera:
a) Acquisition or disposition of real or personal property or any interest in them;
b) personnel matters; or
c) legal advice, opinions and litigation matters.
7. INTERPRETATION
Wherever the singular or the masculine are used in the Bylaw the same shall be construed as meaning the plural or the feminine or the body politic or corporate where the context or the parties hereto so require.