Whereas council has no authority to seek the removal of a council member who has been criminally convicted during hisher current term; And whereas the Honourable Selina Robinson, Minister of Municipal Affairs Housing, has recommended that the City of Pitt Meadows advocate through LMLGA and UBCM for appropriate changes to the governing legislation for local government; And whereas the Honourable Selina Robinson, Minister of Municipal Affairs Housing, has advised that her Ministry is prepared to work with UBCM on the issue: Therefore be it resolved that UBCM lobby the provincial government to make whatever legislative changes are needed to: 1. Require that an elected local government official be put on unpaid leave immediately upon conviction, during his or her current term, of a serious criminal offence to be defined by legislation, not including convictions related to non-violent acts of civil disobedience until the expiration of the time to file an appeal or determination of an appeal; and 2. Require that an elected local government official be disqualified from holding office upon conviction, during his or her current term, of a serious criminal offence to be defined by legislation, not including convictions related to non-violent acts of civil disobedience upon the expiration of the time to file an appeal or determination of an appeal.
Ministry of Municipal Affairs and Housing Under current local government legislation, a person is prevented from running for or continuing to hold a local government office if the person has been convicted of and is currently serving a sentence for an indictable offence, unless the person is released on probation or parole and is not in custody. Indictable offences are the most serious offences under the Criminal Code of Canada; lesser offences such as summary conviction offences currently will not cause disqualification. The Ministry of Municipal Affairs and Housing takes these matters very seriously; however, this is a sensitive issue, triggering complex policy, legal, and practical questions. The legislation should balance the principle that it is the electors choice to decide who should best represent their interests in their communities with statutory restrictions to protect communities from candidates who are unsuitable for public office. Ministry staff are currently reviewing potential options to address the issues raised; however, any proposed changes in this area are intricate and must be considered carefully.