March 12, 2003

Public Keep Out - A Sign of the Community Charter

Gordon Campbell's "New Era Document" promised that "within 90 days of being sworn into office, a BC Liberal government" would act to initiate the commitment to "Pass a Community Charter to outlaw provincial government "offloading" of costs onto municipal governments, and to give local governments greater autonomy and better planning tools to reduce pressure on property taxes." The legislation that was finally introduced almost two years late on March 11, 2003, failed to keep the campaign promise.

Government's background document claimed that "downloading is defined". In fact, no definition of "downloading" is in the Act. Government's propaganda sheet said that "The community charter ensures that before new responsibilities are assigned to municipalities, there must be resources to fulfill the responsibilities." That is not true. All that is ensured is that consultation must occur between the province and the Union of British Columbia Municipalities. Following that consultation, the Minister may then respond to the UBCM's representatives and proceed in whatever way the province desires, like it or not! How's that for "outlawing downloading"?

In addition to breaking its promise on outlawing downloading, the Community Charter specifically provides for excluding the public from any consultation on downloading. Section 276 (4) of the Act provides that "The minister responsible may require an individual to make an oath or affirmation of confidentiality before the individual may participate in consultations under this section." If that is not enough, Section 277 of the Act provides for consultation agreements which may also specify terms for confidentiality.

To add insult to injury, the propaganda sheet that accompanied the Charter's introduction added that "It is equally important that there be no uploading. As local governments have pointed out, there is only one taxpayer. The province has specific responsibilities and will manage those within existing resources." As far as can be determined, there has never been a municipality that has successfully "uploaded" costs to the province.