Whereas the current statute limits the authority to only regulating in relation to business and the original white paper on the Community Charter contained the proposed authority to prohibit as well as regulate, as in Alberta, Saskatchewan, Manitoba, Ontario, Toronto, Winnipeg and Yukon; And whereas in order to proceed with several climate change best practices, it will be necessary to prohibit certain business practices, such as selling fossil fuel heating systems after a certain date: Therefore be it resolved that UBCM request that the Province amend section 86 of the Community Charter to enable a council by bylaw to regulate or prohibit in relation to businesses, business activities and persons engaged in business.
Ministry of Municipal Affairs The Province recognizes that the current provision in the Community Charter with respect to businesses limits municipalities authority to regulate and does not include the bare authority to prohibit. When the Community Charter was drafted, the Province needed to consider all interests that would be affected by the legislation, including the potentially significant impact on the business community and economic activity of broad authority to affect the fundamental nature of a business e.g. prohibit a particular type of businessbusiness activity. Local government legislation does provide municipalities various powers that can significantly affect business activities. Within the authority to regulate businesses under the Community Charter, a municipality may establish limitations and restrictions, including rules respecting what must or must not be done. Additionally, the Community Charter authorizes requiring a business license for businesses to operate and municipalities may prohibit any business activity until a license has been granted and establish terms and conditions. As well, municipal zoning authority under the Local Government Act includes the power to prohibit any land use or uses in a zone. Municipal authority under the Community Charter also includes the power to regulate, prohibit and impose requirements in relation to the protection of the natural environment, subject to provincial involvement through concurrent authority. The precise scope of legislative authority in a particular circumstance is ultimately determined by the courts. Any review of legislative change to the Community Charter in regard to business would need to understand and consider the full range of implications and interests affected by such a change, including court decisions, climate change considerations, impacts on economic prosperity, and business practices across BC. It would need to consider how such a change would affect the provincial role in regulating matters such as consumer protection and the protection of the natural environment. It would also require consultations with a broad range of interests in addition to local governments, including a wide range of business representatives, to gather the views of all who would be affected by any such proposed changes. The ministry will have to consider sufficient time for the necessary policy work, stakeholder consultations, and availability on the legislative agenda before committing to proceeding.