What The Heck is a Charter? A Quick and Simple Explanation

All this talk of a charter, with very little understanding of what it is. Here is a quick and simple explanation.

 

CBRM is one of 50 municipalities that comprise the Province of Nova Scotia. There are 5 municipalities in Cape Breton: CBRM, Port Hawkesbury, Richmond, Inverness, and Victoria.

 

Municipalities are governed by an elected Mayor and council. The Mayor and council have certain powers to manage the municipality.

 

These powers are granted to them by the Province of Nova Scotia in a legal document called the Municipal Government Act (MGA). This document describes how property can be sold, how taxes are set, how officials are elected, and other governing activities.

 

If the Mayor and council want to do something in their municipality that is beyond the powers granted to them in the MGA, they have to ask permission from the Province. Asking permission can be a long and drawn out political and legal process that can take months or years, with no certainty of success. This process of asking permission is generally considered to be too slow and bureaucratic to accomplish anything that is timely and meaningful.

 

A Charter is simply a document that grants additional powers to the Mayor and Council of a municipality so that they can make important decisions specific to their own municipalities.

 

While it may make sense to have all 50 municipalities governed by the same rules, if the rules are too strict, it makes it difficult, or impossible, for each municipality to respond to the specific needs of its citizens.

 

CBRM is seeking to have a Charter drafted for the municipality. Public sessions are being held, such as this video-recorded council meeting.

 

The Halifax Regional Municipality has had a Charter for several years, although, some consider it to be ineffective because it was not drafted properly.

 

It may be argued that whatever additional powers CBRM would like to have in a Charter, should perhaps also be enacted within the Municipal Government Act (MGA) so that all 50 municipalities in Nova Scotia will be granted the same powers. Others might argue that a Charter should be specific to the municipality in which it is designed to help because it could include powers that are very specific to solving the current needs of a municipality and may also include expiration dates for these powers.

 

What do you think?  Comment below ...

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Joe Ward Follow Me
It would be great to hear from the CBRM senior executives, the mayor, councillors, and their solicitor: What have been some of the actions they've tried to take over the years where constraints of the MGA held them back, and for which a charter could have reasonably granted such powers to proceed? Note: Including but not limited to the current port development considerations.
Michael MacNeil Follow Me
This is an excellent article and written at an excellent time. There will be another consultation meeting on Jan 20th @ 1:30 pm. I believe written submissions will be received by Jan 23rd. I think the protection of our right of way should be included in such a charter. Please note IM not suggesting the railway specifically but the land which is the actual right of way. First off the land is owned by an American railway company who are currently not paying CBRM property tax contrary to what is stated in the Railway act. ( only operating railways are exempt from paying property tax in Canada) Secondly this right of way starts in Glace Bay and runs through New Waterford, Sydney, North Sydney, Sydney Mines and runs approx. 55 miles along the Bras'dor lakes before extending through 2 other counties upon reaching Port Hawkesbury. I do not think anybody can argue that this right of way is not important to the CBRM's future whether it ends up an operating railway, a scenic recreation hiking/bicycling trail or part of our transit system. These opportunities should be protected and I intend to file a submission. I need your opinions and suggestions before i do such. A volunteer with greater knowledge on charters to make a submission on our behalf Sat Jan 20th would be fantastic. We have a short timeline to do this.
Nigel Kearns Follow Me
This is a great article! I wonder if it would not be beneficial to our entire Island if all communities/towns joined in this action and did their own paralleling the CBRM efforts. An Island wide approach could grant strength later on. Or maybe even sooner than later. Just a thought.
Michael MacNeil Follow Me
An island wide approach is an excellent idea. I thought for a while now that the whole island should be one municipality. Instead of fighting over 2 container terminals put all resources together to attract one. Equalization payments might increase with the bigger voice. Proper island wide planning strategy would be the biggest benefit to leave future generations. " dont rush it get it right"
Nigel Kearns Follow Me
Strength in numbers! One Nova Scotia ia a great pitch, but One Cape Breton is an awesome concept. I might add, whether it is a Municipality, Territory or Province...One Island, One People, One very loud voice!
kim sheppard Follow Me
I don't believe a charter needs to be created to fit all Municipalities. It would take much longer to create a "one size fits all" charter. Each Municipality could follow the current and add amendments which are suited to the needs of their individual municipality.
Nigel Kearns Follow Me
You are very correct Kim, I meant for them to engage in their own on their own, but at the same time and communicate during the process. Just to create a better stronger Island Unity.
Joe Ward Follow Me
I suppose if a charter is designed for *all* municipalities, it's essentially a redo of the MGA (something I believe is currently under review?). However, perhaps the province could offer a charter *menu*, akin to an al la carte series of options that may fit the needs of each individual municipality. ;)
Mathew Georghiou My Post Follow Me
I worry that the process may be slowed down and complicated because of the confusion between ECONOMIC DEVELOPMENT and GOVERNING. The MGA gives governing powers to each municipality. It is not an economic development program. The powers granted in the MGA can give a municipality more or less flexibility in doing local initiatives that may be part of an economic development plan (like selling surplus property below market value), but the MGA itself is not about economic development ... and I don't think a CHARTER should be either. Allow me to clarify: In his presentation to Council, Tom Urbaniak talked about a NOTWITHSTANDING clause that would allow a municipality to do things beyond the normal MGA as long as it followed a certain due diligence process with the public and the Province. That makes a lot of sense to me and sounds like a perfect application of a Charter (or better if in the MGA itself). But, Tom also talked about an idea whereby Provincial Lottery profits could be used to give CBRM direct access to new funds for a certain period of time because of CBRM's challenging financial circumstances. To me, this is ECONOMIC DEVELOPMENT not GOVERNING. If this idea has merit, it can and should be done external to the MGA or a CHARTER. It's an economic development program, or financing program, or a pilot project, or whatever we want to call it, but it's not really about rules of governing a municipality. I fear that people may want to try to make the Charter more than it needs to be. I think it needs to be about governing and providing enough flexibility for each municipality to chart its own future based on the needs of its citizens. To me, this suggests it should be a wide-spread MGA change that applies to all 50 municipalities. Can you imagine how much time and money would be needed by our 50+1 governments to manage 50 separate Charters ... and with potentially dozens of amendments every year.
Joe Ward Follow Me
Great points. The presentations seemed to demonstrate that there's a range from the lowest tier of the mayor thinking of it as just a relaxing of the rules designed only for the port project, to some of the presentations thinking of it expanding to be much more comprehensive - right on down to addressing issues of food security. It may just boil down to the province giving a few more levers for municipalities to control on their own. Or perhaps existing levers that can be pushed a little wider than the MGA currently affords.
Mathew Georghiou My Post Follow Me
Yes, exactly!
Michael MacNeil Follow Me
Lets be honest this was all started because the Mayor wanted freedom to be able to sell or lease the greenfield site to satisfy what ever secret plan they have hatched. It might be already done. Who knows? The province gave their commitment to change whatever to allow that to happen without a charter. No body mayor included knew much about charters beside maybe Tom Urbaniak who I think probably learned a bit at the last consultation meeting. The best advice was there is no rush get it right. Who would have thought of food being a part of it? however it makes sense. I saw the mention of owning our own utility among other ideas. Right on this post I seen the idea of Cape Breton unity, working together and the idea of one municipality. I hope to get discussion about protecting the right of way because I think. its important. I believe the charter should be simple and probably should be completed by a charter lawyer if there is such a thing. However maybe we should have an additional document titled Introduction to our charter. This non legal document could lay down a planning strategy for our municipal government/s to follow. No more guessing whether we want you to sell a greenspace for economic development, no more guessing if we want you to alter present planning strategy's for economic development. No more guessing if we want you to make sure people are fed and maybe a few additional opportunities we would like to pursue other than Container terminal. Maybe this is the golden opportunity to get into some of our councillors and future mayors mindset where we want our island to go. I say golden opportunity because Jim MacLeod sated that he thought all council should be a part of it. We have an opportunity to educate our elected officials

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