EXCHANGE EXCHANGE is is aa quarterly quarterly magazine magazine published published by by the the Local Local Government Government Management Management Association Association (LGMA) (LGMA) of of British British Columbia. Columbia. It’s It’s about about sharing sharing information, information, exchanging exchanging ideas ideas on on best best practices, practices, enhancing enhancing professional professional development development and and building building networks. networks. Reach Reach us us at at www.lgma.ca. www.lgma.ca.
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SUMMER 2015
MEANINGFUL ENGAGEMENT
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TIPS & TACTICS
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NEW LGMA BOARD
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Tsilhqot’in Decision: Impetus for New Relationships
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Update In this Issue President’s Report Executive Director’s Report Case of Interest Members Page Our Town
Professional Development 2 3 4 5 20 21
Tips & Tactics: Tools for Building Relationships
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Programs & Events
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5 First Nations, Local Governments and Land Use This installment of Case of Interest highlights legal essentials related to First Nations and land use issues from the local government perspective.
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Exchange is the magazine for members of the Local Government Management Association of British Columbia. Exchange is distributed quarterly to over 900 members of the LGMA, as well as Mayors and Regional District Chairs.
Tsilhqot’in Decision: Impetus for New Relationships
Exchange is printed on Sappi Flo, an FSC® Certified 10% post-consumer recycled paper at Island Business Print Group.
LGMA Office: 7th Floor 620 View Street Victoria, BC V8W 1J6 Telephone: 250.383.7032 Fax: 250.383.4879 Email: office@lgma.ca Web: www.lgma.ca Contact the Editor: Email: editor@lgma.ca
Cover Illustration: Stephen F. Hayes/Getty Images
Promoting Professional Management & Leadership Excellence in Local Government
Find out how the landmark Supreme Court of Canada decision to grant Aboriginal title to the Tsilhqot’in First Nation may affect planning, bylaws, operations and taxation for local governments in the future.
10 Meaningful Engagement Built on Trust and Respect Governments and their First Nations partners share what prompted them to open doors for meaningful discussions, build trust and leverage their working relationships to benefit their communities.
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19 2015-2016 LGMA Board and 2015 Award Winners Find out who was elected to be your new LGMA Board and Chapter representatives, and who received awards at the annual LGMA Conference in Prince George June 16-18.
IN THIS ISSUE
oo often, the news reports focus on conflict and controversy between First Nations and other governments or organizations. The recent report from the Truth and Reconciliation Commission of Canada has sparked debate and discussion about the chosen wording or process involved, rather than the positive outcomes that can stem from acknowledging a fact in our history, showing respect and consideration to those who were affected, and looking to rebuild in a positive way from here – hopefully learning from our past to prevent future atrocities of this nature. Too often, the negative news takes the spotlight, when in fact, there are a lot of very positive actions being taken, with multiple success stories.
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The great thing about Exchange is we can dig past the shallow news stories that thrive on controversy and report to members about the significant progress and powerful changes taking place at a local level, where local and regional governments are connecting with their neighbouring First Nations to create successful new initiatives based on trust and respect. There’s a growing recognition that living side-by-side means that there are opportunities to work together for shared benefits in all communities. And by taking a moment to shift the lens to be more open-minded, learn from each other and spend time building relationships, a number of areas across the province are demonstrating that there is power and reward from these partnerships.
In Meaningful Engagement Based on Trust and Respect, local and regional governments and their First Nations partners share their stories, including what prompted them to take steps to open doors for meaningful discussions, build trust and leverage their working relationships to benefit their communities. They also share the challenges they’ve experienced and what they have learned that can help others. As well, in Tsilhqot’in Decision: Impetus for New Relationships, the key components of the Supreme Court of Canada decision to grant Aboriginal title to the Tsilhqot’in First Nation are highlighted from the perspective of impacts on local government and how this landmark decision may affect planning, bylaws, operations and taxation in the future. In many ways, this province is showcasing multiple case studies that prove working together can be a win-win for everyone and that neighbours are neighbours, regardless of whether they are a Town, District, City, Regional District or First Nation, or anyone else with an interest in supporting communities in a shared area. And it’s notable that most of the progress lies outside a court room and instead is about reaching out, taking time to gain understanding and exploring the opportunities rather than dwelling on the challenges. Many thanks to the many people who shared their stories and advice for this edition of Exchange. It was interesting to learn about the variety of successes in our province and refreshing to focus on positive outcomes and progressive steps towards solid working relationships with First Nations at a local and regional level. Therese Mickelson, ABC Editor Upcoming themes for Exchange: Fall 2015 Best Value in Procurement Winter 2016 Human Resources Report
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PRESIDENT’S REPORT
The Board is confident the proposed changes to our bylaws will strengthen the overall governance of the Association and ensure compliance with upcoming changes to the BC Society Act.
many of you already know, the Local Government Management Association recently completed a comprehensive review of our Constitution and Bylaws. The purpose of this review was to reaffirm the nature of the LGMA and perform an analysis of best practices for non-profit board governance resulting from the pending changes to the BC Society Act. I would like to thank the Governance Subcommittee members for all their hard work and dedication in getting this review completed in a timely manner so it could be reviewed by your Board of Directors and presented to the membership at the 2015 Annual General Meeting (AGM). The Subcommittee members include Jim Chute, Elsie Lemke, Mark Brown, Judy Rogers, Sonia Santarossa, Ken Watson and Terry Melcer. With volunteers such as these, our Association will continue to grow and thrive. You would have received several email updates from the LGMA beginning May 19, 2015 regarding the updates proposed to the LGMA Constitution and Bylaws for the AGM, which was held on June 17, 2015. These emails contained important information and several informative web links including a bylaw comparison, which shows a section-by-section review of what has changed and why, and Frequently Asked Questions. Some of the changes proposed include: 1. Expanding the definition of who is a member to allow members to become or retain membership if they are employed by a local government or if they are under contract to a local government, including a broader definition to recognize managerial and supervisory positions in local government; 2. Expanding member and Director obligations, aligning them with LGMA values and adding best practice guidelines for conflict of interest; 3. Providing rationales and processes for member and Director termination, reinstatement and discipline; 4. Changing Board positions by splitting the Secretary Treasurer position and transferring the responsibilities for the Secretary position to an independent, non-board corporate secretary and replacing the 2nd Vice President position with a 3rd Director at Large position;
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5. Setting a term limit of six years for a Director to serve (not including time served as the Chapter Representative); 6. Introducing alternate voting (mail-in voting or e-voting) and meeting methods (remote site options) to increase participation; and 7. Recognizing formal affiliations between the LGMA and its six regional Chapters. We will keep you informed of the outcome of the membership vote at the AGM. The Board is confident these changes to our bylaws will strengthen the overall governance of the Association, improve options for member participation and ensure the LGMA will be able to comply with the upcoming revisions to the BC Society Act. I also encourage you to read the 2014 Annual Report. This report provides an overview of the work of the LGMA over the past year and some of the key measures of success. Thank you to the LGMA staff for putting together such an excellent document that I am sure you will enjoy reading. Kelly Ridley President
EXECUTIVE DIRECTOR’S REPORT
I firmly believe our Chapters are the bedrock of our Association – we simply couldn’t connect with all of our members around the province without them.
he spring has been a busy time for everyone, particularly in the post-election period where strategic planning has been added to the list of must dos for many Councils and Boards. It’s always a hectic time for the LGMA team – this year we delivered four major professional development conferences and training workshops, along with eight webinars between the end of February and the end of May, all the while preparing for our Annual Conference in Prince George! It’s always a fun time for me as it means I get to travel to the spring Chapter conferences to meet, connect and learn from our colleagues around the province. This year, I was fortunate to participate in excellent programs put on by the North Central LGMA, Lower Mainland LGMA, and Joint West Kootenay Boundary-Rocky Mountain LGMA Chapters. It was great to see the devoted Chapter members who make the effort to attend every year, sometimes travelling very long distances in crummy weather. There were also lots of new faces as retirements are bringing in the next generation of local government leaders. The networking opportunities were terrific, and each of the Chapters is to be commended for the strong programs they developed. From the always-popular legal updates, to asset management, strategic planning, Freedom of Information, and social media management, the great speakers and educational value of the sessions were a testament to the commitment of the Chapters to provide their members with outstanding professional development. I firmly believe our Chapters are the bedrock of our Association – we simply couldn’t connect with all of our members around the province without them. The Chapters provide strong leadership for education and professional development, they support networking and access to local resources for regional members, and they contribute great expertise and knowledge that reflect the diversity around the province. Maybe even more importantly, because they share the same values and principles as the LGMA, the Chapters help build the credibility of the Association, increase the mentors available to local government professionals and offer opportunities for shared program delivery. These services are absolutely essential for program sustainability, which is becoming increasingly critical for the nonprofit sector across North America.
The LGMA’s ability to meet the needs of its members, through both provincial and regional programming, has been key to the educational and financial successes of the Association over the past decade. And we need our Chapter partners, along with continued flexibility and responsiveness, to serve our members for the future. While the Chapters have always functioned independently, we have had an interesting journey together since January when we discovered that, for a variety of reasons, four of our six Chapters were not registered non-profit societies. This impacted both the LGMA and the individual Chapters in terms of financial and liability risk management. I have to say it was extremely gratifying to work with the Chapter Board Directors and their Executives to resolve the issues and mitigate the legal and fiduciary risks. Every Chapter Executive was incredibly supportive, thoughtful and receptive to working through the issues and options. The end result recognizes the desire of the Chapters to retain control over their mandates, activities and organizations. The Chapters have all confirmed they wish to formally affiliate with the LGMA, and the LGMA Board has reconfirmed the independence and autonomy of the Chapters through new bylaws and the accompanying policies, which will be completed by the fall. The new bylaws were presented at the 2015 Annual General Meeting and include the retention of the two incorporated non-profit societies and the inclusion of four Chapter standing committees of the LGMA. All these changes were only possible because of the trusting relationships, respect and open communication that have been the hallmark of the LGMA and its six regional Chapters. The challenges we faced were easily resolved because of the longstanding collaborative relationships and the shared values and long-term vision of the Association and its regional partners. I feel very privileged to lead an organization with such a strong culture of partnership and cooperation. I wish you all a great summer with some relaxing time with friends and family! Executive Director Promoting Professional Management & Leadership Excellence in Local Government
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By Lui Carvello, MCIP, RPP Carvello Law Corporation
CASE of INTEREST
First Nations, Local Governments and Land Use: Legal Essentials ourt cases on First Nations could fill suitcases, but here are some examples that would fit better in carry-on – or a brief case – highlighting legal essentials related to First Nations and land use issues from the local government perspective. (Note the “game-changing” case discussed in this issue of Exchange will likely result in further developments.)
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(1) Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73, told us that “the ultimate legal responsibility for consultation and accommodation rests with the Crown. The honour of the Crown cannot be delegated.” Local governments are nevertheless affected by Provincial (in)actions. (2) Whistler’s Official Community Plan was quashed because the Ministry didn’t adequately consult in Squamish Nation v. British Columbia (Community, Sport and Cultural Development), 2014 BCSC 991. The Court also stated: “Whether OCPs apply to land held pursuant to Aboriginal title is an undecided question of law.” (3) Section 879 of the Local Government Act requires local governments to “consider whether the opportunities for consultation [on OCPs] with one or more of the persons, organizations and authorities should be early and ongoing, and ... specifically consider whether consultation is required with ... First Nations.” It is risky to “consider” this and choose not to consult. (4) Our Court of Appeal said that there are “powerful arguments, both legal and practical, that ... militate against inferring a duty to consult on the part of municipal governments” with respect to development permit applications. Neskonlith Indian Band v. Salmon Arm (City), 2012 BCCA 379 highlighted the distinction between “mundane decisions regarding licenses, permits, zoning restrictions and local bylaws” of local governments, including parks and animal regulation, and the “upstream” goals of reconciliation, stating it was “completely impractical” and counter to “efficiency and certainty” to require consultation in the former: “Daily life would be seriously bogged down”.
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Nevertheless, the Neskonlith were “treated respectfully”, “fully and promptly informed”, “heard”, with submissions “reviewed with care”, “given several opportunities to express” themselves and ultimately not “ignored or taken lightly”. In my opinion, that is the minimum for reasonable engagement. (5) First Nation “Reserve” lands are still essentially off limits to local government regulation and control. Discussions with local governments tend to focus on access to and cost of municipal services. It is important to be aware that many First Nations are taking more control of development on their lands, and while some are adopting the approach in BC land use statutes for familiarity and convenience to developers (whether through federal First Nations Commercial and Industrial Development Act and the BC FNCIDA Implementation Act or through their Land Codes and their own laws), others are tailoring laws and procedures to suit their community’s goals. In some cases, this creates significant competitive advantages over neighbouring municipalities. (6) First Nations can also hold land privately (e.g. fee simple) not in Reserves. That land is subject to zoning and other land use controls, but it is important to be aware that First Nations can make an application to have that land converted to reserve status. Therefore, local governments could do well to get involved in the process of land transferring from provincial or federal ownership to the First Nation. Also, having written extensively on the traditional rezoning negotiation process, this conversion to reserve aspect is a whole new twist; local governments caught off-guard may well be surprised to learn that there is a potentially significant cost to acting as if they are in absolute control of land use and zoning is their completely discretionary decision. Recently, we assisted one local government negotiating an option to purchase if the First Nation sought to convert its newly obtained fee simple land to reserve status, which has created greater certainty for land use regulation and facilitated the First Nation’s acquisition of the land.
Tsilhqot’in Decision: Impetus for New Relationships By Therese Mickelson, ABC
Promoting Promoting Professional Professional Management Management && Leadership Excellence in Leadership Excellence in Local Local Government Government
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The Supreme Court of Canada’s landmark decision to grant Aboriginal title to the Tsilhqot’in First Nation immediately prompted new questions and conversations among local governments as they grappled with what this may mean for their planning strategies, economic development opportunities and operations.
here is no jurisprudence – neither legislation nor case law – to see how Aboriginal title could affect local government jurisdictions,” says Sandra Carter, Valkyrie Law Group. “But there are opportunities for local governments to increase their level and willingness to cooperate with First Nations in a government-to-government relationship, to see how they can work together to create a real and positive synergy.”
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Carter notes that unlike treaties, Aboriginal title doesn’t bring self governance, which means the declaration does not bring with it the ability to make laws; however, awareness of the nature of Aboriginal title is essential for understanding how it may impact local government. The rights attached to a finding of Aboriginal title fall into a number of key elements: exclusive rights to use and occupy the land, communal ownership for current and future generations, and land use based on traditional activities. Aboriginal title grants the First Nation the right to decide how the land will be used, including the right to enjoy and occupy the land, leverage economic benefits and proactively use and manage the land. The second element of Aboriginal title involves communal ownership, which means it is a collective title that cannot be owned by an individual and is held for the present and succeeding generations. The land cannot be sold, encumbered, misused or developed in a way that would prevent future generations from using and enjoying the benefit of the land. While some permanent changes can be made to the land, the changes cannot impede future generations from benefiting from the land. Aboriginal title also provides context for the types of permitted land use as they must stem from original uses – those that were in place during Aboriginal occupancy of the land before European sovereignty. This means that permitted uses of the land need to have some connection to traditional activities such as hunting, fishing and possibly mineral extraction.
“There are opportunities for local governments to increase their level and willingness to cooperate with First Nations in a government-to-government relationship.”
Sandra Carter, Valkyrie Law Group
That said, modern interpretations of what that usage involved are accepted. As an example, if the past activities included cutting trees for canoes, cutting trees today involves a different process but contemporary methods would likely be an acceptable use of the land. The right to control the land conferred by Aboriginal title essentially means that governments and others seeking to use the land must obtain consent from the Aboriginal title holders. While the implications are only speculative at present, areas of local government jurisdiction that could potentially be affected include the following: • Land use regulation: to the extent that local government Official Community Plans and zoning bylaws would otherwise apply to Aboriginal title lands, these bylaws would likely either be read down or declared invalid if they purported to limit the use of the lands or imposed regulations inconsistent with the traditional (or modernized traditional) uses for which the lands had been historically employed. Continued on page 8
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Tsilhqot’in Decision: Impetus for New Relationships Continued from page 7
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• Other regulations: indirect control of land use, such as through fire safety regulations (e.g. outdoor burning), may also be found to be inapplicable, to the extent that such regulations would interfere or limit traditional uses or activities on the lands. It is important to note that laws of general application, which typically would include environmental laws, would continue to apply assuming they are a justifiable infringement of Aboriginal title. • Services: the ability of a local government to require the installation of infrastructure and connection to services may be limited or inapplicable if such regulatory requirements would interfere with traditional uses. • Rights of way for existing and future services: with Aboriginal title being held as akin to fee simple property, existing rights of way formerly granted by the provincial Crown may or may not continue to be effective given the change in ownership, and new rights to incur on Aboriginal title lands would need to be negotiated. • Expropriation: it is likely that any attempt to expropriate any portion of Aboriginal title lands would need to meet the stringent test of justification under Section 35 of the Constitution Act, 1982 as any such taking would be an obvious infringement of Aboriginal title. • Property taxation: it is unclear whether local governments would have the necessary authority to impose property taxes on Aboriginal title lands or whether the provincial or federal Crown would consider it has any obligation to continue to provide local governments with grants in lieu/payments in lieu of taxes in respect of those lands. Based on these impacts, Aboriginal title on land may mean no commercial logging, mining, road building or flooding and dam construction will be permitted, unless the interference with Aboriginal title can be justified. Economic development initiatives such as tourism may need to be approached as joint projects, and regulatory bylaws such as outdoor burning restrictions or hunting and fishing requirements may not be enforceable. As well, the local government would have limited or no power related to rights of way or the ability to expropriate any Aboriginal title land because the land would be protected by Canada’s Constitution. “If the Aboriginal group does not consent to the use, the government’s only recourse is to establish that the proposed incursion on the land is justified under Section 35 of the Constitution Act,” says Carter. “The local government would have to justify the infringement by demonstrating that there is a sufficiently important public purpose.” As an example, proving public interest related to safety may be possible in regulatory situations such as outdoor burning; however, because some cultural practices include burning, the local government would not be able to impose a broad, blanket ban against burning. It would likely need to be specific and the minimal amount to meet the public purpose related to safety.
To find out more about these and future courses, contact Alison McNeil at amcneil@capilanou.ca and see: www.capilanou.ca/local-govt Promoting Professional Management & Leadership Excellence in Local Government
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Most services will need to be negotiated, including rights to access, how to enter and service the infrastructure and other factors that on other lands would be accommodated through standard rights of way. “It’s too early to know what will happen, but this is an important case because it’s the first and it provides a route First Nations can follow other than the Treaty negotiation process,” says Carter. “It may put more pressure on the Treaty negotiation processes, where the parties can pursue solutions through compromise and negotiation so that both groups gain from the outcome, rather than a court process that takes a lot of time, money and other resources and may result in a decision where one group wins and another loses.” The primary theme emerging from the Tsilhqot’in decision is that there will continue to be a need to work with First Nations, particularly at a local government level, and some communities are already demonstrating the success of building trust and partnerships with First Nations neighbours. “Local government is the next door neighbour, and neighbours have opportunities to work together for shared benefits that have a direct impact to improve communities,” adds Carter.
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“Local governments also have the impetus and motivation to get along well with all their neighbours and having both Councils and senior managers involved helps establish long-term relationships built on mutual respect between governments.” ❖
Practical advice, creative options and value for local government Planning, Development & Environmental Law
Carvello Law Corporation
Lui Carvello, MCIP Lawyer & Planner 203-1005 Broad Street Victoria, BC V8W 2A1 250-686-9918 lui@carvellolaw.ca
www.carvellolaw.ca
Meaningful Engagement Built on
By Therese Mickelson, ABC
TRUST & RESPECT W
ith the recent release of the Truth and Reconciliation Commission of Canada Report, last year’s Supreme Court’s ruling to grant Aboriginal title to the Tsilhqot’in National Government, ongoing requirements for consultation related to development and land use, and Treaties requiring direct involvement on regional Boards, building better relationships with First Nations is not an option – it’s a growing imperative. The following stories feature experiences from communities across the province that are making progress in building mutual trust and respect with their First Nations neighbours, resulting in meaningful engagement and effective partnerships for positive growth in their communities.
CARIBOO REGIONAL DISTRICT: Embracing a Culture of Reconciliation and Partnership Sometimes it takes a crisis to trigger a cultural change. In the Cariboo Regional District (CRD), the 2010 wildfires were the impetus to build better relationships with neighbouring First Nations and all the communities in the area, as it was critically important to be able to work together effectively to respond to the emergency. “We learned that the middle of an emergency situation is not a good time to try and develop relationships and figure out how you can help each other,” says Al Richmond, CRD Chair. “The emergencies threw us together as we tried to help each other, fumbling our way through, but they set us on a positive path to work together by taking that challenge and turning it into an opportunity.” The CRD leveraged a number of opportunities to create a culture of awareness, understanding, trust and collaboration with First Nations communities.
An integral first step was to acknowledge the atrocities that happened in residential schools – including their local school, St. Joseph’s Mission School – and work together with First Nations to raise awareness of what happened through a Truth and Reconciliation event. “We had a number of Directors who were interested in learning more about how we could support reconciliation, and as a Board, we wanted to make all communities aware of what happened with the residential schools,” says Richmond. The CRD worked with regional First Nations to organize and host the St. Joseph’s Mission commemorative ceremonies, and together they won the 2013 Union of British Columbia Municipalities (UBCM) Excellence Award for Partnerships for this event. This reconciliation event has evolved into an annual event called “Orange Shirt Day”. During the planning for the reconciliation event, a community member who was a child at St. Joseph’s shared her story about going to school the first day, filled with excitement and wearing a new orange shirt, only to be stripped of all her clothes and the new shirt given to another child. Her story became a focal point for the Truth and Reconciliation event, and it is now a symbol of defiance against bullying and racism and a shared commitment to ensuring that every child matters. The Regional District has also leveraged the UBCM Community to Community grants to host a series of forums throughout the region. The CRD held forums with the Soda Creek Indian Band (Xat’sull) and Williams Lake Indian Band in 2014. The CRD has since signed a Memorandum of Understanding with the Soda Creek Indian band, which came about as a result of the positive Community to Community Forums held earlier in 2013. The agreement focuses on both parties looking for new opportunities to provide shared services.
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In addition, as the region where the lands now forming the Aboriginal title lands of the Tsilhqot’in National Government are located, the CRD is taking steps to work with the Tsilhqot’in National Government to learn more about each other’s processes. The first Community to Community Forum between the CRD and Tsilhqot’in National Government will be taking place this October based on action items identified by both governments.
“Prior to land use and Treaty decisions, the Board felt it was important to know each other because no matter what came of court decisions, our communities are going to be here – we’re not moving anywhere – so how we interact as communities and how we protect and grow our areas is how we will move forward in a healthy way,” says Richmond. “What’s good for First Nations is good for us and vice versa. As an example, they help us set standards for how we preserve and look after the land, and we have resources that can help them in return.” Al Richmond
As well, the CRD held its annual Electoral Area J Town Hall Meeting at the Xeni-Gwet’in Band office in the Nemiah Valley. The purpose was to help raise awareness with the Xeni Gwet’in people about the Regional District and the different services provided to the region. Hosting the Community to Community Forums and other meetings with First Nations in the region has helped to gradually build better relationships as neighbours, which has enabled communities in the region to work together to achieve a number of significant projects.
This culture of working as a team to promote positive change in the region has led to multiple success stories, including an important cultural and strategic shift that embeds recognizing the significant role of First Nations in the region’s future as a priority in the CRD’s strategic planning. Part of achieving this goal involves integrating First Nations into decision-making processes. Chief Roger William is a Board Director representing the West Chilcotin Electoral Area. The Regional District established a First Nations Relation Committee in 2014, with six directors on the committee, and the Treaty Advisory Committee (TAC) Chair participates in all round table discussions with First Nations within the region in the treaty process. The TAC Chair provides updates to the Board of Directors when required. Continued on page 12
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Meaningful Engagement Based on Trust and Respect Continued from page 11
New partnerships have also led to improvements in the area that support recreation, tourism and economic development. The Regional District partnered with the Dog Creek First Nation to open the Churn Creek Accessible Trail just south of Williams Lake. The trail was opened on September 6, 2014, and is now part of the CRD’s Accessible Trail Network. As well, they partnered with the Williams Lake Indian Band and others to open an accessible trail for all residents and visitors of all abilities to enjoy a beautiful fishing lake in the central Cariboo. The trail, which is also part of the CRD’s Accessible Trail network, was opened on Friday, May 22, 2015.
As well, the Northern Shuswap Tribal Council partnered with the CRD to showcase the region to visitors at the 2015 Canada Winter Games, which took place in Prince George, from February 13 to March 2, 2015. Looking ahead, the region will soon have another valuable tourism asset: the 108 Mile First Nations Heritage Museum. The CRD and the Northern Secwepemc First Nations signed a milestone agreement on October 14, 2012 as part of the journey towards building and operating a cultural centre and museum. The signing was the culmination of more than 10 years of work, including feasibility studies, topographic surveys, archaeological and environmental impact assessments, architectural schematic design, and business plan development. The Centre will be located near the 108 Mile Heritage site along Highway 97. The CRD has also made strides in improving how communities can work together in future emergencies by extending offers to First Nations communities to participate in Emergency Operation Centre (EOC) training held in the regional offices and stressing that they can play a key role in effective emergency response management by participating in the EOC when it is activated. “The ongoing process is about growing the relationship. It’s not big things. It’s a series of small things that makes the difference, and trust is earned, not given,” says Richmond. “As a Board, we have embraced building relationships with all our communities – First Nations and others, recognizing that it takes time and you have to keep working on it.”
DISTRICT OF KENT: A Joint Vision for Economic Development Taking steps early to increase cooperation and establish solid communication channels paid off for the District of Kent and its neighbouring First Nation, the Seabird Island Band when, in 2012, they were selected as one of six community partners from among 280 applicants to receive a Community Economic Development Initiative (CEDI) project grant to improve economic development for their communities and the region.
and ht Brig s Idea
Advice, Advocacy
PH: 250.380.7744 FX: 250.380.3008 www.sms.bc.ca 2nd Floor, 837 Burdett Ave Victoria, British Columbia Canada V8W 1B3
The District of Kent and neighbouring First Nations started working together to establish good relationships back in 2008, and they have leveraged the UBCM’s Community to Community Forums to come together, break bread and share stories and experiences. Their early effort to establish open communication and cooperation was formalized in a Memorandum of Understanding (MOU) between the Cheam First Nation, District of Kent, Scowlitz First Nation, Seabird Island Band, Tribal Council, and Sts’ailes First Nation. The MOU notes that the Parties share a common interest in developing a collaborative working relationship that would benefit their communities, as well as a shared interest in cooperative, intergovernmental relationships, including those between each Party, before and after treaties are signed. The MOU is based on cooperative working relationships between governments to build effective communication and trust, with collaborative actions in areas such as economic development and natural resources management.
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“The most important thing is trust and respect,” says Brian Titus, Chief Executive Officer for the Sqewqel Development Corporation, which is the business development organization for the Seabird Island Band. “The District and the Seabird Council have worked together for a number of years, meeting every quarter or so, to discuss what they want to accomplish. It’s an informal get together to talk about what they’re working on socially and economically, and it works really well.” With an MOU already in place, when the Seabird Island Band submitted an application to the Council for the Advancement of National Development Officers (CANDO) for the CEDI project, it was a good fit to support the bid cooperatively. “Our MOU with Seabird Island meant that we were already positioned to look at how we can reconcile a damaged economic system and create solutions together,” says Wallace Mah, Chief Administrative Officer, District of Kent. “I think our MOU and solid working relationship, as well as our shared focus on the benefits to the health and well-being of our communities, solidified the decision to select us for the CEDI project.”
Wallace Mah
With the CEDI project approved, the Seabird Island Band and District of Kent are moving forward with a plan to develop a joint marketing strategy that will showcase the assets in the area, such as railways, power sources, and social structures like schools and government offices, that provide assurance to business investors that there are human resources and established infrastructure to support their operations. “It’s so important to engage your neighbours in anything you do,” says Mah. “There are no borders on economic development, so it’s not just about jurisdiction; it’s about the economic benefits and other spin offs you can gain from a good working relationship. We are all part of the same regional economy, and here in Kent we want to be part of building the bridge with First Nations by working together, being a partner and promoting successful communities in the region.” To help explore opportunities for their shared vision to promote joint economic initiatives through heritage and cultural values, the project partners are hiring an independent facilitator and consultant to help assess the opportunities for tourism and business development. In addition to an inventory of assets, they will be developing a community profile for both communities and looking at opportunities that could be considered within a 50 km radius in terms of residential growth and commercial and industrial potential. The cooperation and mutual benefits come from leveraging each other’s strengths. The District of Kent has a lot of land, but it is primarily used for agriculture, so there are limited opportunities for industrial and commercial development. Continued on page 14 Promoting Professional Management & Leadership Excellence in Local Government
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Meaningful Engagement Based on Trust and Respect Continued from page 13
At the same time, they offer a larger, trained workforce. Seabird Island has more land available for commercial and industrial development. “The way I see it, we’re not going to have sufficient human resources for prospective employers from just within the reserve, and we need some help to get people job ready, but we do have the resources in the region, and when we make the area economically viable, everyone benefits,” says Titus. “We all recognize we won’t see results right away, but in the long run, this marketing plan is going to make the business community more aware of the area.” The plan is for the marketing strategy to be complete in October 2015, but the benefits of open communication, trust and mutual respect are already evident. There is open and transparent dialogue between the two governments, which has led to support for joint initiatives such as an application for funding a new gym facility made by the District that was endorsed by the Seabird Island Band. Another example is a current study to explore possible logging operations with First Nations. The District is providing help with navigating the requirements for the Ministry of Forestry and National Resources and Parks, as well as options to transport logs out of the area with a second access and egress to allow trucks to reach Lougheed Highway without having to use municipal roadways. At the same time, if
Seabird Island brings expanded logging industry to the area, it would help with job creation and other economic development spin offs. “It’s not an ‘us’ versus ‘them’ mentality, it’s a ‘we’, and when you get your priorities set to the ‘we’ perspective, it opens up the potential of what you can do,” says Kerry Hilts, Director of Community Services, Kerry Hilts District of Kent. “There is a greater knowledge between the communities, greater ability to garner funding through the provincial and federal government, and it always helps to have the security of adjacent municipalities and neighbours working with you to lend their support.” Titus notes that First Nations bring their own set of advantages to the table for projects. They have the ability to access financing through borrowing and the open market just the same as the municipal lending authority. Also, in the near future, there will be federal government guarantees for major industry development such as liquefied natural gas (LNG) projects, mining, and oil and gas.
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It’s becoming a reality that partnerships between First Nations and major industry and businesses are growing. “I think it’s beneficial for both parties to work with each other,” adds Titus. “The way of doing business today is working with First Nations to get things accomplished and see success in your business ventures. First Nations don’t want to stand on the outside and see what is going to happen. They want to be partners in the projects that affect them. It’s not about entitlement; it’s about providing for us all.”
ALBERNI CLAYOQUOT REGIONAL DISTRICT: Breaking New Ground in Governance When the Maa-nulth Treaty was signed, it came with a provision that the First Nations under Treaty must join their respective regional district boards. While the concept of having First Nations leaders join the regional governance structure was an ideal goal, there was no guide or defined process to achieve this integration. In the Alberni Clayoquot Regional District (ACRD), what they did have was the ideal combination of regional government and First Nations leaders who were keen to work together to establish an approach that would provide for a seamless transition of the new First Nations Directors onto the ACRD Board. They mapped out a process, and the result is a guide called A Path Forward Tool Kit that can be used by other regional governments who are working to bring First Nations into their governance structure. Four of the five First Nations in the Maa-nulth Treaty have land within the Alberni Clayoquot Regional District: Huu-ay-aht First Nation, Government, Uchucklesaht Tribe Government and Toquaht First Nation. Under the terms of the Treaty, the First Nations are required to join the Regional District boards for their area within 10 years. Huu-ay-aht First Nation and Government were the first to join the ACRD Board on April 1, 2012, followed by Uchucklesaht Tribe Government on February 1, 2014. The Toquaht First Nation continues to receive information as observers. “We wanted to relate to the world differently under Treaty as we didn’t relate to the world meaningfully prior to that,” says John Jack, ACRD Board Director representing Huu-ay-aht First Nation. “When we looked at being able to join the Regional District, we realized it was a good opportunity to create connections and raise our profile in new areas.” Jack notes that they wanted to join in January 2012, shortly after the Treaty was signed, but after notifying the ACRD of their intent to join the Regional District, it soon become evident that there were a few logistical challenges that would need to be addressed. “The Regional District came back to us saying it was great to hear we wanted to join, but they didn’t have a basis for how to work with us,” says Jack. “It wasn’t that they didn’t want us to join, they were just a bit concerned about how to deal with things, and looking back, it was quite true, and I can see how it would have been a definite concern as they weren’t included in the Treaty negotiations, so the provisions would have come as a surprise to them.” Continued on page 16 Promoting Professional Management & Leadership Excellence in Local Government
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Meaningful Engagement Based on Trust and Respect Continued from page 15
The solution was to have the First Nations join as observers initially, where they could attend meetings, ask questions and participate in discussions; they just didn’t vote. Some of the challenges related to gaining an understanding of each other’s organizational structure, how decisions are made, and the separate and joint jurisdictions that would be open to the First Nations. As well, there are a range of services available through the ACRD, but the initial Treaty provisions only specified that the First Nations participate in two services: Administrative and Hospital District. Any other services would be their choice and would have to be negotiated. Another challenge related to the fact that the First Nations members of the Board would have full voting rights, but there wasn’t any land and assessment values or the related taxationthat could be used to pay for the cost of them being Directors on the Board. “We wanted to deal with the cost challenges readily to ensure that we were paying for our involvement in the ACRD,” says Jack. “The difficulty was determining our share of the amount, as we were concerned that if the amount was determined by the value of the land and the value of the improvements on the land, we may not be paying the same portion as other communities, and we wanted to make sure we were paying our fair share.”
In the end, it was determined that the best approach was to continue with the standard formula for calculating the amount of the shared cost, even though the land assessment value would likely be lower, and the First Nations would pay the calculated cost. To work through some of the challenges and develop solutions, the ACRD funded a study to help work out how the ACRD and John Jack the newly-joined First Nations could work together. This initial study enabled them to access provincial funding to have a more comprehensive study completed to develop a resource guide. Elected leaders and staff from the Huu-ay-aht First Nations, Government and the ACRD worked alongside the Ministry of Aboriginal Relations and Reconciliation (MARR) to develop the guide. The result of their collaboration is A Path Forward Toolkit. The Toolkit is designed to: • Provide a planning and resource guide to support regional districts, local governments and Treaty First Nations in resolving issues associated with joining a regional district and/or negotiating servicing agreements;
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• Provide advice and recommendations on service planning, land use harmonization, and communications issues; • Identify proper terminology and protocols to support positive working relationships between the Treaty First Nations, local governments and regional districts; and • Describe methods for identifying regional district service areas and equitable cost apportionment methods for Treaty First Nations participation. It is targeted for elected officials and staff from First Nations, regional districts, municipalities and electoral areas where treaties have been implemented or are nearing completion. It is broken down into several sections that reflect the “big picture” steps in expanding regional districts to include new Treaty First Nation governments and/or improve regional servicing and long-range planning. The Toolkit provides tips and tools to take advantage of the opportunities and address the challenges of expanded regional collaboration. Best practice examples, “mini” case studies and links to additional planning tools and resources are available throughout it. With the Toolkit now in place, other local and regional governments have a resource to help them navigate how to integrate First Nations into their local services and governance structures.
Jack advises other First Nations and local or regional governments who are in a similar situation to follow the model developed in A Path Forward Toolkit and to learn as much as possible about each other by speaking to each other early and often to help with the learning curve. This involves building good relationships between their governments, including elected officials, hereditary leaders and administration, and gaining an understanding of how the two governments function. “Having those few months as an observer really helped us gain an understanding so we could meaningfully participate as Directors – not just play a token role – when we joined officially,” says Jack. “It’s important for First Nations to understand the types of work that get done at regional districts and, in particular, how they differ from provincial and federal jurisdictions.” For the ACRD and its new First Nations Directors, they are now enjoying the benefits of working together cooperatively and collaboratively to support each other and their communities. “Joining the ACRD early has given us a degree of knowledge about what is going on in the region in a way that we have not had in the past, and we find that being at the table and part of conversations gives us better insight into why a certain decision is made,” says Jack. Continued on page 18
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Meaningful Engagement Based on Trust and Respect Continued from page 17
“There is less risk of taking things out of context, and if the Regional District wants to do something near our territory, we can have a more meaningful and constructive conversation that we would not have had before joining.” Having First Nations at the Board table also elevates the ACRD’s profile when lobbying federal and provincial government for funding and actions that will benefit everyone in the region. In other cases, the expertise within the ACRD is an asset and having more people involved in discussions helps to alleviate potential conflicts or concerns. “We’re currently exploring an LNG (liquefied natural gas) project and have been able to talk to local government people about it, explaining our approach,” says Jack. “I think that if we weren’t all at the same table, there would be less understanding and that could lead to stand-off situations. Instead, we have a sense of progress in terms of building stronger relationships.”
Jack notes that they also provide perspective on how urban communities can relate to First Nations and help show partners and leaders for each community how business can be done with a First Nation. “You can create real, meaningful conversations in ways that might not have been contemplated before, and it stems from greater understanding.” One of the ways the region is raising awareness and understanding is through its own Truth and Reconciliation process. The ACRD has been influential in encouraging greater awareness, including having the Board adopt a resolution to embrace reconciliation and dedicating a section of its website to provide the community with information on what happened in residential schools and the implications today. “Our Board was influential in encouraging UBCM to designate 2013 as the Year Reconciliation across the province,” says Jack. “And here in our region, it was something the Board wanted to do without our (FN) prompting, and we’ve seen the positive impact this has had on our communities.” ❖
tips & tactics Tools for Building Relationships with First Nations Neighbours Apply long-term thinking Take advantage of a range of existing plans and guides • Stay focused on the long-term sustainability of the • FCM’s toolkits are a great source of information to help you: communities involved, which may mean making decisions ∙ Build and maintain relationships that are hard in the short term. ∙ Develop agreements with the proper legal format • Ensure decisions are fair, equitable and responsible for the ∙ Negotiate key issues success of both communities in the long term. ∙ Model best practices related to community infrastructure ∙ Develop communications accords and protocol agreements. Leverage Community-to-Community (C2C) Grants Doing the research before starting a process is very beneficial. • Apply for UBCM C2C Grants to fund opportunities/events Link: www.fcm.ca/home/programs/community-infrastructureto get the councils to meet together as it provides a great way partnership-program/program-resources/toolkit.htm to learn about the things you don’t know, such as barriers – real • A Path Forward Toolkit to assist with integrating First Nations or perceived. Link: www.ubcm.ca/assets/Funding~Programs/ representatives into local and regional governance structures LGPS/Current~LGPS~Programs/C2C/c2c-2014-15-springat: http://www.gov.bc.ca/arr/reports/down/ACRD_Toolkit_ program-guide.pdf#search=”C2C” Document.pdf Don’t give up • Advice and resources to support reconciliation at: www. • Keeping your eyes on the long-term can help get you through reconciliationcanada.ca short term challenges. Sit down and talk face-to-face with your First Nations colleagues • Remember to celebrate milestones as they show how far you’ve to help with mutual understanding come. • Invite First Nations leaders to come and talk about issues and Many thanks to Ruth Malli, City Manager, Town of Ladysmith do it regularly. for her assistance with developing the Tips and Tactics. • Share more information on how decisions are made, both by the local government and by the First Nations. This also helps with understanding what the barriers may be and allows you to figure out solutions and maximize opportunities to succeed.
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LGMA UPDATES
Introducing...
The 2015-2016 LGMA Board The new Board of Directors was elected at the 2015 Annual General Meeting held in conjunction with the LGMA Conference held June 16-18 in Prince George. Please welcome:
Board of Directors: President First Vice President Second Vice President Secretary/Treasurer Director at Large Director at Large
Chapter Representatives: Kelly Ridley Paul Murray Tom Kadla Sonia Santarossa Mark Koch Bill Flitton
Vancouver Island Rocky Mountain Lower Mainland North Central Thompson Okanagan West Kootenay Boundary
Sarah Jones Terry Melcer Wallace Mah Janet Prestley Patti Bridal Theresa Lenardon
Celebrating Excellence: 2015 LGMA Awards We congratulate this year’s deserving award winners, who were announced at the LGMA Conference:
EXECUTIVE SERVICE AWARD • Lynda Floyd, Lower Mainland LGMA Chapter Representative • Ken Watson, Director-at-Large and former Vancouver Island LGMA Chapter Representative • Sheryl Worthing, North Central LGMA Chapter Representative
DISTINGUISHED MEMBERSHIP AWARD • Linda Adams, Islands Trust
DISTINGUISHED PARTNER AWARD • Gerrie Waugh, Capilano University • Gary Paget, Ministry of Community, Sport and Cultural Development
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PROFESSIONAL SERVICE AWARD • Lisa Zwarn, Registered Parliamentarian • Susan Rauh, Retired, City of Port Coquitlam • Jeff Mitton, Retired, City of Victoria
LIFETIME MEMBERSHIP AWARD •
Mark Brennan
MEMBERS PAGE MEMBER MOVEMENT Cathy Cowan, Chief Administrative Officer, Village of Keremeos (formerly Corporate Officer, Town of Oliver) Kathleen Day, Chief Administrative Officer, District of Logan Lake (formerly Local Government Finance Consultant) Leah Hartley, Director of Development Services, City of Williams Lake (formerly Regional Planning Manager, Islands Trust) Kathy Humphrey, Director of Finance, City of Kamloops (formerly Director of Finance, Thompson Rivers University) Diane Kalen-Sukra, Chief Administrative Officer, Village of Salmo (formerly Deputy Director of Corporate Services, City of Castlegar) Maryse Leroux, Director of Corporate Services, City of Cranbrook (formerly Legislative and Policy Advisor, City of Cranbrook) Ron Poole, Chief Administrative Officer, District of Mission (formerly Chief Administrative Officer, District of Kitimat) Kathleen Soltis, City Manager, City of Prince George (formerly Chief Financial Officer, Prince George) Kelley Williams, Chief Administrative Officer, Village of McBride (formerly with Rowan Tree)
RETIREMENTS Lynda Floyd, Chief Administrative Officer, Village of Belcarra Maureen Fugeta, Corporate Officer District, Summerland Jeff Mitton, Supervisor, Land Development, City of Victoria Jim Rule, Chief Administrative Officer, City of Maple Ridge Danielle Smith, Deputy Administrator / Treasurer, Village of McBride
2015 LGMA PROGRAMS & EVENTS
Our Members in the Spotlight
August 9-14, 2015 MATI Foundations University of Victoria, Victoria BC September 11-13, 2015 Working Together: Effective Fire Service Administation for Fire Chiefs and Local Chief Administrative Officers Quality Resort, Parksville BC September 24, 2015 CAO Breakfast Marriott Pinnacle Vancouver Downtown October 4-9, 2015 MATI The Successful CAO (CAPU/LGMA) Lake Okanagan Resort, Kelowna BC October 14-16, 2015 Clerks and Corporate Officers Forum Radisson Hotel Vancouver Airport, Richmond BC October 18-23, 2015 MATI School for Statutory Approving Officers South Thompson Inn, Kamloops BC
RELATED ORGANIZATIONS PROGRAMS & EVENTS September 9-11, 2015 Alberta Rural Municipal Administrators’ Association (ARMAA) Annual Conference Wetaskiwin, Alberta September 16-18, 2015 TOLGMA Annual Conference Vernon, BC September 21-25, 2015 Union of BC Municipalities (UBCM) Annual Convention Vancouver Convention Centre, Vancouver BC September 27-30, 2015 International City/County Management Association (ICMA) Annual Conference Seattle, WA
2016 LGMA PROGRAMS & EVENTS March 2016 MATI Community Planning in Local Government Organizations Lake Okanagan Resort, Kelowna
Ron Mattiussi City Manager, City of Kelowna Generous mentor, willing to share his knowledge and commitment to public service with all who work with or meet him Outstanding teacher, unreservedly shares his experiences as a CAO – the good, the bad and the ugly – to support his colleagues and future leaders, including helping to develop the MATI Successful CAO course to ensure new and aspiring CAOs have the foundational skills needed to navigate this challenging role Exceptional volunteer, says “yes!” whenever asked, whether as a MATI faculty member since 2005, sharing his passion for planning in local government, as curriculum developer and Mentor for MATI Community Planning for Non-Planners, or for the Planning Institute of BC on the Professional Practice Review Committee, the Pushor Mitchell Apple Triathlon and the Kelowna Terry Fox Run Passionate about healthy living, he helps others get active and stay healthy, is an avid cyclist who has completed several century rides and recently took up triathlon, which meant learning to swim! Keen traveller – Italy is a favourite destination – and enjoys photography to capture his adventures Talented presenter, he creates amazing videos for impressive presentations and has a wicked sense of humour, which makes him an incredible speaker Proud father of two, doting Nonno to granddaughter Haley Exemplary leader, his philosophy begins with listening first and supporting people to be the best they can be
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MEMBERS PAGE
• Stephanie Nichols, Deputy Corporate Officer, City of Kamloops • Janet Prestley, Director of Legislative and Administrative Services, City of Fort St. John
SPECIAL RECOGNITION Board of Examiners The following local government employees have been recognized for their education and work experience in the local government field, and are being awarded the following Certificates by the Board of Examiners: Certificate in Local Government Service Delivery: • Thomas Doherty, Deputy Fire Chief, City of Campbell River • Emilie Gorman, Policy Analyst, City of Victoria
Certificate in Local Government Administration: • Karen Stanton, Manager, Long Range Planning, City of Chilliwack Certificate in Local Government Statutory Administration: • Kari Bolton, Director of Corporate and Financial Services / Deputy City Manager, City of Quesnel • Janet Prestley, Director of Legislative and Administrative Services, City of Fort St. John
OUR TOWN: DISTRICT OF ELKFORD When you find Elkford on a map, you might think it is simply the end of the road, but if you have the opportunity to spend some time there, you quickly realize it is really the beginning of something special. Elkford is largely undiscovered by lovers of backcountry recreation. Pristine natural wilderness is highlighted by proximity to Elk Lakes Provincial Park, Koko Claims snowmobiling area, world class fly-fishing on the Elk River, a local ski hill, and a full range of community recreational amenities usually only found in much larger centres. The District of Elkford is a picturesque Rocky Mountain town that was founded in 1971 as a home for miners working at the newly-established Fording Coal Operations. From its early days as a collection of temporary homes, a one-room school, and a single general store, Elkford has grown to its current population of nearly 3,000 residents. The District continues to have a strong economic connection to the mining industry and has prepared for continued growth by developing and servicing new commercial and industrial properties. Mining salaries drive one of the highest average household incomes in British Columbia, while growth of the regional tourism industry lends itself to growth in property and project investment from around the world. The District of Elkford prides itself on being a leader; from its award-winning Wild at heart branding, to the innovative wood design of the Community Conference Centre, the first building of its kind in North America. The integrated Official Community Plan and Climate Change Adaptation Strategy has been recognized by the United Nations. “This kind of international recognition proves that even a small community can be prepared for and adapt to projected changes in climate as long as you have active local residents,” says Pat Wildeman, who chaired the Committee for Elkford’s integrated Official Community Plan. Less than three hours drive from Calgary, Elkford’s location generates demand for recreational housing. Visitors come to counter the pressures of urban environments. These outdoor enthusiasts seek the serenity, peace, solitude and active lifestyle that is affordable in Elkford.
A backcountry recreation paradise, the Rocky Mountain town of Elkford was recognized by the United Nations for its integrated Official Community Plan and Climate Change Adaptation Strategy.
They have discovered what Elkford residents already know – that the end of one road is the trailhead for over 100 kilometres of motorized and non-motorized trails leading to the vaulted limestone peaks of the Rocky Mountains. Elkford truly remains a place where nature prevails and where humanity borrows a bit of space. Many of Elkford’s earliest mining residents are reaching retirement age, which is anticipated to generate replacement mine hiring and a growing local retirement community. A younger workforce has brought many young families to the District and has required the District’s Leisure Services Department to respond with programs for the young and the young at heart! During the annual family-oriented Wild Cat Days festival, locals and visitors celebrate in the spirit of Wildcat Charlie, who was one of the original homesteaders of the community. The truly adventurous can search for Wildcat Charlie’s ‘bathtub’ at Sulpher Springs. Winter in the Wild celebrates Elkford’s winter recreation opportunities, including skiing at Wapiti Ski Hill. “Wilderness” remains core to what the community is and wants to be; active adventure and serenity as big as the mountains that surround us. Elkford truly is Wild at heart. From extreme sportsman to simple nature lover, adventurers are living life to its fullest in our mountain playground…why aren’t you? We invite you to walk out our backdoor into a world untamed. – Scott Beeching, Manager, Director, Planning and Development Services
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