It is clear that the Municipal Government Act targets small communities. Small municipalities are targeted for amalgamation and/or dissolution. Unincorporated communities are targeted for annexation.
In Spring 2018 the entire Liberal caucus voted down my Private Members Bill (Bill 111). Bill 111 would have given unincorporated communities a voice in the amalgamation process. Bill 111 would have prevented the ugly forced amalgamation process we saw with the new Three Rivers municipality.
Bill 111 proposed reasonable amendments to the Municipal Government Act made with goodwill.
Minister Richard Brown talks a lot about working with communities. He talks about finding solutions. But he led the charge to vote down Bill 111.
The Municipal Government Act (MGA) has come into full force. Communities across PEI are realizing its real impact. Without major tax increases, small municipalities are being forced to dissolve.
Impact of the MGA on Small Municipalities
The MGA forces all municipalities – regardless of size – to take costly measures like:
- hire a Chief Administrative Officer
- establish a municipal office that is
- in the municipality
- accessible
- open at least twenty hours per week
- make an official plan
- put in place a comprehensive election procedure
There is a schedule in the MGA saying when such actions need to take place. If the actions aren’t taken, then the municipality is dissolved.
Finding a Solution to the MGA Problems
To his credit, Minister Richard Brown has been meeting with some small municipalities. He has told them he will work with them to resolve their issues. “Don’t worry”, he says, “we will figure out a way.”
The problem is that the MGA makes it difficult to implement – and outright disallows – many solutions. Solutions like sharing a municipal office. Many small municipalities don’t feel it is necessary to provide all the services legislated in the MGA. They can’t afford it, and there is no way to delegate that responsibility to the province.
When questioned the Minister says that “the MGA is new – of course changes are needed”.
This is why I am introducing three Private Member Bills for the Fall 2018 legislative sitting. These bills will amend the MGA to help small municipalities survive. It will allow the Minister to do what he says he will. It will allow the Liberal government to show small communities the respect they deserve.
Will the Liberal majority support these changes, or will they vote them down again? We will find out starting November 13th in the Fall 2018 sitting of the legislature, when the Private Members Bills detailed below are tabled for debate.
Supporting Small Municipalities – Private Members Bills
Read on below to see the changes in context. The changes are marked in purple.
Bill (No. 3) – Allow the PEI Government to Provide Services if Requested
Download PDF Version of An Act to Amend The Municipal Government Act (No. 3)
This adds a new subsection to Section 14. It allows small municipalities – i.e. that don’t meet the population or property value criteria in section 13(1), and for rural municipalities that are grandfathered in – to request that the Minister get the government to provide services they don’t want to and/or can’t afford.
14. Municipal services, general
(1) Every municipality continued, restructured or established under this Act shall provide, in or for all areas of the municipality,
(a) fire protection;
(b) municipal planning services, including an official plan and bylaws,
(i) in the case of a municipality continued under this Act, within five years after the coming into force of this Act, and
(ii) in the case of a municipality restructured or established under this Act, within the shorter of
(A) a period specified by the Lieutenant Governor in Council in an order issued under clause 21(2)(d), or
(B) five years after the establishment or restructuring, as the case may be;
(c) subject to subsection 145(5), emergency measures planning. 2016,c.44,s.14; 2017,c.9,s.2.
Exception
(2) Where a municipality
(a) has been established under section 21 despite the fact that it does not meet the criteria specified in subsection 13(1); or
(b) has been continued or restructured as a rural municipality,
the Minister may, on the request of the council of the municipality, designate one or more of the general municipal services referred to in subsection (1) as services that shall be provided by the Government of Prince Edward Island for the municipality.
Bill (No. 4) – Allow Flexibility for Location and Hours of Municipal Office
Download PDF Version of An Act to Amend The Municipal Government Act (No. 4)
This Section 85. It allows small municipalities to have a municipal office outside the municipality that may be open for less than 20 hours a week.
85. Municipal Office
(1) A council shall,
(a) by resolution, designate a place in the municipality as its municipal office;
(b) provide public notice of the location of the municipal office; and
(c) notify the Minister, in writing, of the civic address of the municipal office.
Idem
(2) Within five years after coming into force of this section, a council shall
(a) ensure that its municipal office is accessible to all members of the public; and
(b) establish, publish and maintain a schedule of not less than twenty hours in each week during which the municipal office shall be open to serve the public. 2016,c.44,s.85.
Exception
(3) The council of a municipality that
(a) has been established under section 21 despite the fact that it does not meet the criteria specified in subsection 13(1); or
(b) has been continued or restructured as a rural municipality,
may, by resolution,
(c) designate a place outside the municipality as its municipal office; and
(d) despite clause (2)(b), determine that the municipal office shall be open to serve the public for less than twenty hours each week.
Bill (No. 5) – Allow the PEI Government to Pay for a Chief Administrative Officer (CAO)
Download PDF Version of An Act to Amend The Municipal Government Act (No. 5)
The sub-section 86(8)(c) – Council’s Role – Appointment by Minister of CAO, is changed to allow the Minister to pay for the CAO they appoint instead of forcing the municipality to.
Appointment by Minister
(8) If a council fails or refuses to appoint a person as chief administrative officer, the Minister may
(a) appoint a person as the chief administrative officer for the municipality;
(b) establish the remuneration to be paid to the person appointed under clause (a); and
(c) direct that the remuneration established under clause (b) be paid by
(i) the Government of Prince Edward Island; or
(ii) the municipality. 2016,c.44,s.86.
Thanks Brad the common sense in this bill should spread.
I am pleased to see you are finally realizing that this act is WRONG .I spoke to you well over a year ago about this subject.You still don’t seem to understand the basic problems. It is totally undemocratic, we live in a DEMOCRACY. This VILE act strips every rural Islander of their rights. It places ALL the decisions of the community in the hands of the 8 + councillors. If the whole community is against a project it can be forced on them by the decision of the council.There is NO accountability they cannot be fired or recalled for their 4 year term.Much damage and costs can happen in that time. Look at Ghiz and Wade. The damage they have done could have been stopped.The main reason for this act is primarily due to councils that did not do what the people wanted. No wellness centre in Montague, no fancy town hall in Cornwall, no full time theatre staff in Georgetown.Ego driven projects which are now costing too much. In the old act at least the annual budget had to be approved by the people that has gone.This VILE act is specifically designed so bureaucrats can take total control over the people in any area all they have to do is bully, bribe or trade with the 8 councillors instead of the whole community. This is what happened in all those secret meetings over the last 2 years. The only benefit to this Vile act is for power and control.by government.This VILE undemocratic act must be STOPPED. By putting forward changes is merely accepting that this VILE act is acceptable to you.It is time for a reality check. These communities are rural.Making citizens pay taxes for an office and staff is lunacy.An office and by-laws will not draw people to the area.These communities have survived for years with voluntary councils. Now they can set their own wages and perks etc, without a vote from the people. I would love to explain this act to you as you still do not seem to understand the implications of it.It will mean a politician for every 400 people, plus the added staff to sit around doing what ? for 20 hours a week for 4 years then in year 5, 40 hours a week. We are massively over governed now.This VILE stupid act must be stopped, NOT adapted.Having a recall system in place is enough of deterrent in its self, I don’t think it would ever need to be used.Please re think your BILL revisions, you are just playing into their hands by saying you agree we need amalgamation. We are an Island of 145,000 we need less government.I will stop my rant.
Paul Smitz
Brookvale
902-658-2641
p.s. I ALWAYS say that Peter Bevan- Baker supported the liberals on this VILE act. Many in this riding are re considering their choice the next election.