WHEREAS local governments have an obligation to plan and regulate land uses in accordance with established community objectives and are empowered by the Local Government Act and Community Charter to create bylaws for these purposes; AND WHEREAS local governments are required under law to refer certain types of bylaws to provincial agencies for approval and this practice often results in delays in processing applications or implementing policy directives that require the adoption of such bylaws: THEREFORE BE IT RESOLVED that the provincial government commit to providing a response to local government bylaw referrals within 90 days of the receipt of a referral by the appropriate Ministry; AND BE IT FURTHER RESOLVED that the provincial government ministry, when rendering a decision to not approve a local government bylaw, provide a clear rationale as to the reason for the decision, including explicit reference to the statutory authority and legal grounds to deny approval of the bylaw.
MINISTRY OF COMMUNITY SERVICES Provincial government ministries are committed to the fair and expeditious processing of bylaws referred to them by local government for approval. Due to the complexities associated with some referrals, a decision may not be possible within 90 days. Therefore, it is critical that the local government and referred ministries are in regular communication. This is consistent with the principles of consultation and cooperation embedded in the Local Government Act and the Community Charter. The Ministry of Community Services encourages local government to contact the approving ministry if there are concerns about a delay, or potential delay, in the referral process. Similarly, while Ministers are not required to provide rationale regarding their decision about a bylaw, communication between the approving Ministry and the affected local government, prior to the decision, would likely include the information that formed the basis of that decision, again emphasizing the importance of effective communication. The Ministry of Community Services has provided rationale for bylaws that have not received approval.