Village ConferenceVillage Conference

September 24, 2010September 24, 2010

Bible HillBible Hill

What is Municipal Government

• Part of three levels of government that regulate, mediate and promote the interests of people – Federal– Provincial– Municipal

• Villages

• No independent powers given to municipalities by the Constitution Act 1982

• “Creatures of the Provinces”

In the Beginning . . .

• Village Service Act

• Municipal Government Act (MGA) effective April 1, 1999

• Consolidated 14 different acts

• Village Service Act incorporated in MGA as: – Part XVII Villages

• Villages Paper

Villages

• Villages cannot legally do anything that has not been authorized through Provincial legislation

• Whatever powers and responsibilities the Province delegates to Villages can be changed, removed or added to at the Province’s discretion

Governance

• Between three and five Commissioners govern a village commission, determined by village by-law

• Commissioner must be an elector• Commissioner must take oath • Commissioners elect chair and vice chair• All meetings of the village commission are open to the public

• No Parliamentary Privilege

Governance

• Annual public meeting to be held before July 1st

• Report of the previous year and audited financial statements presented

• Election of village commissioners

• Election Bylaw

• Special meeting of electors to be advertised

Governance

• Commission shall appoint a village clerk and treasurer

• The clerk shall:– Record bylaws, resolutions, proceedings etc

– Record votes of commissioners if requested

– Keeps books and records of account

Power to Expend Money

• Villages may only expend money on items authorized by legislation

• Section 423 of the Municipal Government Act contains a list of 37 items

• List includes most things that a municipality can spend money on

Power to Expend Money

• Not included: –Police Services–Private Roads–Public Markets–Industrial parks and incubator malls

–Landing Strips and airports–Hospitals–Grants to non-profit organizations

Other Powers

• Expropriation powers• Mutual Aid• Bylaws

– Regulating proceedings of the Commission

– Snow and ice clearing– Payment of charges, penalties (sewer charges etc)

– Tax exemptions and deferrals– Connection with sewer– Require Ministerial approval

By-Laws for Charges

• A village may make by-laws for charges such as:–wastewater facilities–stormwater systems–capital cost of water utility–streets and sidewalks

Auditor

• A village shall appoint a registered municipal auditor

• The auditor shall file a report on the funds of the village with the village commission and the Minister of SNSMR by July 31st each year

Estimates

• Estimates another name for budget

• Before the annual meeting, the Commission shall make estimates of the sums required for the current year

• Estimates include all probable revenues and expenditures for the year

Estimates

• Approval of the electors is not required to adopt estimates

• Estimates must include any deficit from the preceding year

• Cannot run a deficit budget

Tax Rates• Commission sets the rate on assessed value of the taxable property and occupancy

• Commission may set a different rate for commercial and business occupancy not exceeding 150% of the residential rate

• A village has the same powers as a municipality to collect taxes (tax sales)

• Tax collection powers may be delegated to the municipality, if municipality consents

Area Rates

• A village may levy an area rate where an expense is incurred in an area of the village

• An example may be sewer service

Capital Borrowing

• Commission may borrow sums for capital purposes necessary to carry out any village service

• Borrowing must be approved by a meeting of the electors

• Minister must approve borrowing (TBR)

• Village must obtain a guarantee from the municipality to borrow from MFC

Capital Budget

• Villages may prepare a multi-year capital budget

• A capital budget is necessary in order for the Minister to approve a capital borrowing

Capital Reserves

• A village shall maintain a capital reserve

• A village shall pay into a capital reserve proceeds from sale of property and proceeds from fire or other insurance

• Withdrawal from a capital reserve must be for a capital purpose

Borrowing - Operating

• A village may borrow to defray the annual current expenditures

• Amount borrowed may not exceed 50% of the total amount of taxes

• Ministerial approval not required

Water Utility

• The cost of a village water system shall be paid by water rates

• If there is a deficit, a village may pay off the deficit through village rates

Sale or Lease of Property

• A village may sell or lease real or personal property

• The amount must be at market value

• Ministerial approval is required unless the value does not exceed $25,000

• Proceeds must go into a capital reserve

Village Boundaries

• Application to the Utility and Review Board by:– The Village Commission or– An owner of property

• Board may issue order to change boundaries

Village Dissolution

• Minister may order dissolution on request of the village commission authorized by a meeting of electors

• Minister may order dissolution on request of the municipality if:– No meeting of electors for two years– Ninety days notice has been served and no objection has been filed

• The Utility and Review Board may order resolution on request of not fewer than ten percent of the electors

Resources for Villages

• Municipal Government Act Part XVIII

• Information Bulletins 44 – 49 & 51

• Local Government Resource Handbook

• All available on line at www.gov.ns.ca/snsmr/muns

Resources for Villages

• Information Bulletins– 44 – Election of Village Commissioners– 45 – By-elections– 46 – Sale or Lease of Property– 47 – Village Commissioners– 48 – By-laws– 49 – Borrowing– 51 – Elimination of Business Occupancy

Stephen Feist, Municipal Advisor(902) 424-5537feistse@gov.ns.cawww.gov.ns.ca

Questions