1. Village Conference September 24, 2010 Bible Hill

2. 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”

3. 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

4. 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

5. 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

6. Governance Annual public meeting to be held before July 1 st Report of the previous year and audited financial statements presented Election of village commissioners Election Bylaw Special meeting of electors to be advertised

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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 31 st each year

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. Stephen Feist, Municipal Advisor (902) 424-5537 feistse@gov.ns.ca www.gov.ns.ca Questions