WHEREAS there has been communication among local governments regarding support for local issues; AND WHEREAS the Province of British Columbia, in the past, has not considered the wishes of the local government when the local governments are in the position to better understand the needs and wishes of the local communities: THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities support the need to consider local governments comments when they are directly impacted by any provincial decision or policy direction.
MINISTRY OF COMMUNITY RURAL DEVELOPMENT Consultation with local governments is a key principle of local-provincial relations. Section 2 of the Community Charter recognizes the importance of consultation between the province and municipalities on any matters of mutual interest. Similarly, section 3 of the Local Government Act identifies the need for consultation when Provincial interests directly affect regional district interests. The nature of consultation will vary depending on the specific issue, the stakeholders involved, and the process or change being considered. For example, s. 276 of the Community Charter identifies areas of Provincial legislation and policy measures on which ministers responsible must consult with local governments through UBCM. In such consultations, a minister must, among other things, provide UBCM representatives with sufficient and timely information so that they can respond to a change proposed by the Provincial government. Once those representatives have submitted their response, the minister responsible must consider any comments provided by them. When consultation is not required by statute, Provincial legislation provides other mechanisms for consultation between the Province and local governments. For example, s. 277 of the Community Charter allows the Province and municipal representatives to negotiate the terms of a consultation process i.e. a consultation agreement on specific matters of mutual concern. The Province has signed a number of these consultation agreements on a range of subjects including treaty negotiations, offshore oil and gas development, and resort development. After consultation occurs, the Province and municipalities may still disagree on the required course of action. The Community Charter states that municipal authority is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally. This responsibility requires the Province to weigh input from all stakeholders, including different local governments, who may disagree about the direction of a particular Provincial policy.