Whereas Section 1 of the Community Charter confirms that municipalities and their Councils are democratically elected, autonomous, responsible and accountable and must operate under strict statutory conditions associated with public consultation and public interest; and that Section 1 of the Local Government Act grants local governments the powers and flexibility required to fulfill their purpose and respond to the needs of their communities within that mandate; And whereas the Government of BC has shown a willingness to overrule municipal land use regulations, dispense with public consultation functions mandated by the Local Government Act, and forego collaboration with local government, actions that can set a precedent in undermining the jurisdiction of municipal Councils to determine and represent the interests of their communities through a fair and accountable public process: Therefore be it resolved that UBCM request the provincial government to commit to working in collaboration with local governments within boundaries of their respective jurisdictions on all current and future projects of mutual concern.
Ministry of Municipal Affairs and Housing The Province has an ongoing commitment to work collaboratively through consultation with local governments, both formally and informally, on matters that specifically affect them. Under the Community Charter and the Local Government Act, the Province recognizes local governments as an order of government in their respective jurisdiction. This recognition entails a principle of consultation where the Province and local governments work towards cooperative approaches on matters of mutual interest. When it comes to implementing this consultation principle, it is important to recognize that a timely and effective consultation process may look different depending on the circumstances. Factors may include the specific nature of the subject at hand, the impact on local government interests, the interests of stakeholders, the Provinces obligations and interests, as well as timing considerations. As well, sometimes there may ultimately be a difference of views on the outcome of consultations, with the Province and local governments needing to agree to disagree. The Province recognizes that working collaboratively through consultation with local governments enables the mutual respect and recognition needed to develop and implement successful agreements, legislation, policies and programs for the citizens of British Columbia. While the Province prefers to operate in a manner that respects local land use planning authority, on occasion the Province has found it necessary to rely on its statutory immunity from the application of laws relating to the use or development of land section 142 of the Interpretation Act, in order to address urgent situations. It is important to recognize that in many cases this has been done with the support of the affected local government, and has allowed, for example, quick action by the Province and BC Housing to establish emergency housing in Nanaimo, Victoria and Kamloops with the participation and support of the local governments.