Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Yellowknife Centre, that Bill 25, Municipal Statutes Replacement Act, be read for the second time.
Mr. Speaker, this bill repeals and replaces the Charter Communities Act, the Cities, Towns and Villages Act, and the Hamlets Act. The bill makes many changes to modernize these three statutes, to make them easier to understand and to make the rules more flexible where appropriate.
There are changes to operation of the municipal corporation. These include:
- • providing hamlets, towns and villages with greater flexibility to stagger or change terms of office;
- • setting out the process to be followed when it is necessary to force a disqualified council member to step down;
- • allowing councils to adopt their own oaths of office;
- • giving councils explicit powers to appoint youth members;
- • allowing councils to establish boards or other bodies to administer programs and services;
- • allowing council meetings to take place using speaker phones, videoconferencing or other electronic means;
- • providing clearer direction on when council meetings may be closed to the public;
- • requiring agendas for regular council meetings to be available to the public 48 hours prior to each meeting;
- • allowing councils to provide indemnities to members in council committees for attending meetings;
- • giving a clear description of the duties of mayors, council members and councils;
- • giving council explicit powers to adopt codes of ethnics, with sanctions;
- • allowing employees of hamlets and charter communities to sit as council members in some limited circumstances;
- • facilitating alternate service delivery arrangements;
- • providing councils with explicit economic development powers;
- • allowing municipalities to establish new services or businesses and to establish or acquire shares in corporations with the approval of the Minister or the authorization of an investment plan;
- • allowing delegation agreements to be made with the Government of Canada, or other municipalities, and aboriginal governments and organizations.
The rules governing financial management are being changed, including:
- • new requirements that budgets and financial statements be made available to the public;
- • providing that financial statements need only comply with generally accepted accounting principles recommended for municipal governments from time to time by the Canadian Institute of Chartered Accountants;
- • removing the requirement for Ministerial approval of forgiveness of debt bylaws for municipal taxing authorities;
- • providing that debts of council members may not be forgiven;
- • expanding the current powers to invest surplus money;
- • specifying that long-term borrowing may be undertaken to finance capital expenses, but not operational expenses;
- • allowing non-tax-based communities to borrow on a long-term basis for any purpose, rather than just for land development;
- • new budgeting requirements pertaining to deficits;
- • requiring voter approval for long-term borrowing and other long-term financial commitments;
- • replacing ratepayer approval with voter approval.
Provisions establishing bylaw-making powers will now set out spheres of jurisdiction and general powers to enforce bylaws, as opposed to specific and narrow heads of authority. There are new provisions for voter petitions respecting bylaws.
There are new provisions to limit municipal liability for certain matters and activities, such as municipal facilities, services and utilities, fire protection, highways, the exercise of discretion, inspections and maintenance and remedying contraventions of bylaws. The current personal civil liability protections for council members are extended to youth members, municipal officers, volunteer workers and board members.
Municipalities will have powers to allow them to effectively enforce their bylaws, and will have general authority to conduct inspections and remedy contraventions. The Minister will have the ability to intervene if a municipality is in difficulty, without resorting to the appointment of an administrator. Thank you, Mr. Speaker.