A new charter for B.C. municipalities

By NIGEL MORGAN

new, draft “constitution” for

for municipal government in this province is now before the legislature. Within the next few days the Bennett govern- ment plans to make it law. A massive document of 899 sec- tions, the new municipal char- ter will place all village, muni- cipal and city councils in the province (with the exception of Vancouver which has its own charter under one simpli- fied, and radically-revised sta- tute.

British Columbia’s total of 35 cities, 30 municipalities and 48 villages will find their “rights and responsbilities” considera- bly redefined when the new “Act Respecting ,Municipali- ties” comes into force next July 1. In effect it will, with many changes and revisions, replace nine present statutes— the present Municipal, Munici- pal Incorporation, Municipal Elections, Municipal Manager, Village Municipality, Local Improvements, Town Planning, Shop and Weekly Holidays, and Poll Tax acts.

Not since 1914 has municipal legislation as a whole been re- vised. Numerous minor amend- ments over those 43 years, no less than historical develop- ments and the great expansion and change in the provincial economy, have long since cre- ated the need for a thorough overhaul.

A strong motive for the go- vernment’s action! has undoub- tedly been its desire to get au- thority to prod municipalities of the Greater Vancouver area into some form of metropoli- tan administration. With 50 percent of the province’s one and one half million popula- tion crowded into the lower mainland area, overall plann- ing for land utilization has be- come hopelessly inadequate, and overlapping of public ser- vices has become wasteful and costly.

It would seem that some form of metropolitan authori- ty is becoming essential; yet present administrations of ci- ties and municipalities concern- ed have made little headway during the past four years the question has been under dis~

cussion. *

Big issues are involved. For the people it’s a question of how to get coordination of Overall planning, elimination of costly duplications in order to provide better civic services at lower per capita costs, and how to reduce the present un- bearable burden of tax bills,

and this without loss of muni- cipal identity and the democra- cy and ‘closeness’ that is a very real factor in the smaller muni- cipal administrations. There is a natural and justified fear of any form of super administra- tion which would take muni- cipal administrators further away from their constituents.

For big business, it’s a straight question of profits and how the present privileged po- sitions of the big corporations can be continued, and if pos- sible extended, in a way that will place an even bigger share of the tax load on homeowners and small businesses. For big business, ‘strong leadership” is needed to guide the reorgani- zation.

It’s already evident the Ben- nett government is out to get the authority to force the municipalities into some me- tro set-up. One of the effects of the new legislation will be to put the metro question high up on the agenda for the Greater Vancouver area at least, and possibly for Greater Victoria as well. How it can be worked: out to benefit the people, and. how it can lighten the burden of, municipal tax bills will re- quire careful study.

In addition to providing the mechanics for combining two or more municipalities under a metropolitan form of admin- istration, the new act provides for establishment of special “urban areas” within certain rural municipalities (with an area exceeding 10,000 acres) for advancement of special urban projects.

Provisions for “towns” and “local district” municipalities brings to four the new forms of municipal administration al- lowed for in the act.

*

Starting with local districts (populations up to 500), pro- vision is made for an adminis- tration by a chairman and two trustees. Populations from 501 up to 2500 are to be constitut- ed as villages with a chairman and four commissioners, Popu- lations from 2501 up to 5,000 will. henceforth “be called towns and have a mayor and four aldermen.

*Populations exceeding 5,000 will be considered as: cities, except where an area exceeds 2,000 acres with an average density of population of less than two persons, when it will be called a district munici- pality.

A city of less than 50,000 will have a mayor and six aldermen, and with more than 50,000, a mayor and eight al- dermen. A _ district munici-

pality with less than 50,000 population will have a reeve and six councillors, and one with more than 50,000, a reeve and eigh councillors.

Provision is also made in the case of both cities and district municipalities for the addition of two aldermen or councillors by consent of the electors.

Thus municipal government is brought more into line with the present stage of develop- ment of the province and more in line with the Ontario sys- tem. The size of council rep- resentation has been generally extended and remuneration of municipal representatives is to be increased‘ anywhere from 25 to.100 percent under a new scale.

Altogether; a monumental job has been done in detail- ing, simplifying and clarify- ing the many hundreds of re- quirements for municipal gov-

ernment.

The new proposals deserve careful study by every organ- ization and individual inter- ested in the political develop- ment of our province. It’s our tax bill for some years ahead that indirectly is being deter- mined in the debate on the Municipal Act in the legisla- ture. Certainly no other single piece of legislation is likely to have so far-reaching an ef- fect on what happens to our tax bills in the next decade.

Of primary interest to small taxpayers throughout the pro- vince will be provisions the new act makes for the tax base, dealings with public utili- ties (transit, light, power, gas and communications), voting rights, qualifications for muni- cipal candidates, and labor and civil rights.

Among the most important changes are these:

The tax base has been ex- tended to provide for a busi- ness tax. Since this is a de- ductable allowance in deter- mining income for income tax purposes, is a neat way of ob- taining for the junior govern- ment a little bigger slice of tax revenues without increasing the local tax burden. Pro- vision is also made for a tax on local liquor outlets, up to 20 percent of their licence fee to the Liquor Control Board.

On the other hand, 'the al- ways unpopular poll and road

taxes have been abolished.

Conspicuously absent are any

provisions for shifting the tax load to provide needed relief for homes, or allow for a grad- uated system of basic exemp- tion. Neither is there any provision for outlawing the “fixed assessments” racket or for eliminating the widespread practice of ‘“underassessing” big industries like the CPR and the B.C. Electric.

No provision is made for as- sumption by the province of responsibility for paying taxes on government-owned build- ings and lands within each municipality (as has now been agreed to by Ottawa). And no provision is made, or even the intention indicated for a more equitable distribution of government revenues to assist in meeting mounting civic costs.

Provision is carried over in the new act for municipal own- ership of utilities, and muni- cipal acquisition and operation of forest licenses. Little ad- ditional encouragement for public ownership of utility ser- vices is offered, however, and no adequate provision is made for a worthwhile -and equit- able return to municipal cof- fers from this source, despite the experience of New West- minster and eight other B.C. cities.

The tax basis for utilities has been changed from a flat two percent of their income, to. one percent of their net in- come plus school taxes. A number of municipal heads have hailed this: change.

I am sure there will be no opposition from the B.C. Elec- tric, for there are few busi- nesses that would not like to tie their taxes to profits. The change may bring in a few additional dollars today, but it could be a dangerous. for- mula in a depressed period.

In the field of democratic rights, the franchise has been extended to provide the right to vote to “owner-electors,” “resident electors” and “ten- ant electors,’ which should in- clude every British citizen re- siding in the municipality for nine months prior to an eilec- tion, who is 21 years of age, and who registers at the muni- cipal hall.

The right to vote at 18 (al- ready granted in provincial elections) has.not been grant- ed, and the right of corpora- tion-owners to more than one vote has been wrongly re- affirmed.

Qualifications for candidates have been simplified to that of being “an owner-elector” (re-

gardless of property valua- tions or equity, but at the same time, the elective prin- ciple in selection of police com- missions and parks boards has been abolished in favor of ap- pointments. Council repre- sentation has generally been broadened, but the right to the ward system of representation (as a guarantee against class and territorial discrimination) unfortunately is specifically excluded under section 152.

Town planning boards are to be replaced by advisory com- mittees, with a new system of “official plans” subject to pro- vincial government. approval, and establishing of regional planning boards. This pro- posal has merit, but legal teeth for enforcement of urban plan- ning will be essential (partic- ularly in relation to land util- ization) if planning or even metropolitan administrations are to mean anything.

The right of a municipality to borrow up to $5 per capita with a maximum of 100,000 without prior authorisation by taxpayers is a dangerous and wrong procedure.

*

Principal demands that need to be made for improvement of the present draft include:

+ Provisions to shift some of the tax load from homes to profit-making industries.

+ A graduated system of exemptions for assessment, al- lowing for both class and earn- ing capacity of each property.

+ Replacement of business licenses (which treat big and small alike) by.a system of business tax, related to gross take.

+ Amendment of the utili- ty tax proviso to base it on gross income instead of new income.

+ Outlawing of “fixed as- sessments.”’

+ Granting of the franchise at 18 years of age (in line with the Provincial Elections Act).

+ Abolition of the “corpor- ation” vote in order to provide for one citizen, one vote.

+Elimination of the propo- sal to abolish the elective prin- ciple for parks boards and police commissions.

+ Provision for a return to the ward system of repre- sentation, where voters so de- sire.

+ Provision for an increas- ed share of government rev- enues at the municipal level and for the provincial gov- ernment to vay taxes on pro- vincial government - owned lands and buildings.

These are some of the changes needed to overcome the shortcomings that still re- main im the new act and to complete a democratic con- stitution for our municipal governments which will serve the people’s interests.

MARCH 22, 1957 — PACIFIC TRIBUNE—PAGE ll