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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
