Ministerial Response - Request for Referendum

August 18, 2020 Ref: 255797

Dear Aaron Quince:

Thank you for your emails, addressed to the Honourable Selina Robinson, Minister of Municipal Affairs and Housing, regarding a petition request for a proposed affordable housing development. As the Assistant Deputy Minister responsible for local government, I am pleased to respond on behalf of Minister Robinson.

In your email you mentioned that the City of Rossland (the City) is working in cooperation with BC Housing and the Columbia Basin Trust on a new affordable housing development in the City with ground-level commercial space. You also mentioned that the City is considering acquiring an interest in the proposed ground-level commercial space for council and administrative office space as the existing City Hall experienced serious structural damage. The cost of acquiring this interest is approximately $3 million (to be financed primarily from existing municipal reserves). I also understand that the development permit for this facility has been issued.

You have requested that the Province require the City to hold a referendum on the intended development prior to any further expenditures. Under the Community Charter, municipalities are a democratically elected and autonomous order of government within their jurisdiction. There is no legislated requirement for a referendum in the circumstances described, and there is no legal basis for the Province of British Columbia to demand a referendum. Under s.82 of the Community Charter, you or your organization can present a petition to council. Also, under s.83 of the Community Charter, council may seek community opinion on an issue, by voting or any other process the council considers appropriate; however, these are consultative processes, and neither is binding on council.

There are only limited actions of council that require a binding approval of the electors (through assent or alternative approval process), and those limited circumstances are set out under the legislation. For example, under certain circumstances, long-term liabilities under agreement and loan authorization bylaws require the approval of the electorate.

There is no statutory requirement for elector approval for either utilizing reserve funds or disposing of most municipal property. As such, there is no statutory basis for the Province to require the City to hold a binding referendum related to this development.

As this is strictly a local matter, I strongly urge you to discuss your concerns with council and staff of the City. Regarding any concerns you may have with the housing portion of the City’s proposed development, the ministry’s Office of Housing and Construction Standards will be replying to those concerns by separate correspondence.

Thank you again for writing. Sincerely,

Tara Faganello
Assistant Deputy Minister

pc: Her Worship Mayor Kathy Moore, City of Rossland