Municipal News
October 2012 I 1
Fall Issue October 2012
Welcome to Gander By Mayor Churence Rogers, MNL President As this truly exceptional summer in Newfoundland and Labrador draws to a close, we are in the midst of making our final preparations for the MNL Convention and Trade Show scheduled from October 4-6. This convention will be a little different from those in the past. We have condensed the agenda, which we think will create a better experience for our delegates. We’ve also gone green, moving forward with many green initiatives that are outlined in the MMSB newsletter located later in this issue. Over the next year, MNL is going to focus more on the key issues facing the municipal sector. The fiscal framework is our top priority, as achieving a positive solution to this issue is essential for the sustainability and fiscal well being of all municipalities in the province. Our current issues with infrastructure, service delivery, and sustainable planning and development require that the municipal fiscal position be improved. That is a fact, and that is why the fiscal framework is our number one priority. On a related note, I would like to thank our many Directors who have made strong presentations over the past several months to community organization and business leaders on the need for a new fiscal framework. The MNL Board is fully engaged on this issue and I thank them for their efforts.
I’m also pleased to report that the Municipal Safety Sector is ready to start work. Mr. John Dicks has recently been hired as the new executive director of the Municipal Safety Sector and I look forward to working with him as we go forward with making our sector safer for all involved. John will be at the MNL Convention and will be speaking at both the Small Towns and Urban Municipalities Caucus meetings. In June, I travelled to the FCM Annual General Meeting where I was honored to be elected as the Chair of FCM’s Atlantic Caucus. Many municipal issues are similar across Atlantic Canada, and our work on this Caucus will only help municipalities in this province. I look forward to working with my colleagues from the other Atlantic Provinces on our common municipal issues. From my position as Chair of the Atlantic Caucus I will also have the pleasure to serve on the FCM executive with its new president, Councillor Karen Leibovici from the City of Edmonton. Councillor Leibovici will be attending our Annual Convention and Trade Show, and I look forward to the opportunity of getting to know her. She brings to the role a wealth of experience, from her education in social work, to her experience as a labour relations officer, and from her time as a municipal and provincial politician. It will be a pleasure to sit on the FCM executive alongside Councillor Leibovici as we work to strengthen municipal governments throughout Canada.
Contact Us:
460 Torbay Rd., St. John’s, NL A1A 5J3 Tel.: 709-753-6820 • Fax: 709-738-0071 Toll Free: 1-800-440-6536
While the fiscal framework is our top priority, MNL is still actively working to improve infrastructure funding for municipalities. At the Federation of Canadian Municipalities (FCM) Board Meeting in early September in Laval, Quebec, the Board unanimously endorsed FCM’s long term infrastructure proposal that is being submitted to the federal government on or before November 15th. This proposal is put forth to replace the Building Canada Fund, and will include funding for roads, bridges, and wastewater systems, including the cost of upgrading current system to comply with the new wastewater regulations. It is FCM’s intention that its proposal will be included in the 2013 federal budget.
Email Us:
Craig Pollett executivedirector@municipalitiesnl.com Robert Keenan ccrc@municipalitiesnl.com Christine Cave administration@municipalitiesnl.com Gail Woodfine tidytowns@municipalitiesnl.com Stephen Quinton membership@municipalitiesnl.com
As well, MNL has created a video, Following Water: An Infrastructure Story, that illustrates the challenged state of this province’s drinking water infrastructure and explains some of the reasons why this is the case. This is an excellent short video that is available on the MNL website, and we encourage you to view it and share it with your fellow residents.
Ruby Piercey finance@municipalitiesnl.com Diane Kennedy mnl@municipalitiesnl.com Website: www.municipalitiesnl.com
INSIDE THIS ISSUE mmsb sponsors green mnl convention ......2 Talking voter engagement . ...........................3 TRIO Benefits.......................................................4 Minister’s Message...........................................5 Municipal emergency Preparedness ............6
The Ascent - NEIA’s role in municipalities ...7 Economic developers assoc. of NL................8 Provincial regional development................9 Federation of Canadian munis.....................10 Parliamentary Procedures..........................11
Eastern Waste Management.........................12 Hurricane season - Are you prepared?.......13 Dealing with Dog Waste................................14 Regional government initiative..................15 Stewart McKelvey...........................................16
2 I Municipal News
MNL Board of Directors President Mayor Churence Rogers Vice President Mayor Neville Greeley Avalon Director Councillor Lucy Stoyles Central Director Mayor Allan Hawkins Eastern Director Mayor Betty Fitzgerald Labrador Director Mayor Leo Abbass Northern Director Mayor Ernest Simms St. John’s Director Councillor Frank Galgay Western Director Mayor Tony Oxford Small Towns Director Mayor Tony Keats UMC Director Deputy Mayor Keith Keating
MNL Staff Executive Director Craig Pollett CCRC Program Officer Robert Keenan Administrative Officer Christine Cave Marketing/Communications Gail Woodfine Membership Officer Stephen Quinton Finance Officer Ruby Piercey Clerk/Receptionist Diane Kennedy
MMSB Sponsors
Green MNL Convention
MMSB and MNL would like to see all municipalities in Newfoundland and Labrador do their part to help the environment, and that is why MNL is leading the way at this year’s convention. Together with MMSB, MNL has developed a green policy and has made waste reduction a priority to reduce our overall environmental footprint. From electronic voting to reusable coffee mugs, we’ve considered the environment along every step of the way and hope you will take note of these positive changes. Making conscious decisions to reduce waste can have a huge positive environmental impact in our towns and in the province as a whole. As MMSB’s Chair and CEO, Leigh Puddester, mentioned at this year’s symposium, “We cannot create a greener future on our own, it is important for municipalities across our beautiful province to demonstrate a leadership role in helping us achieve a more sustainable Newfoundland and Labrador.” Regardless of the types of facilities and resources available in your respective communities, we can all make simple changes to help reduce waste. When greening the MNL convention, we started with small, achievable steps and quickly expanded our initiatives as we discovered just how easy it was to make a positive environmental change. We hope that your municipal council will follow MNL’s lead and implement some of these ideas in your municipal office. And keep in mind, going green isn’t just good for the environment, it’s also good for the bottom line! Reducing waste means reducing operating costs and increasing operational efficiencies. From greening your town office to implementing a community composting program, each municipality can make simple changes that will make a big difference. Your municipal staff will take ownership of your green initiatives and feel good about becoming environmental stewards, and the positive messages and outcomes will then flow into the community. We look forward to displaying MNL’s environmental commitment to all delegates at this year’s convention and discussing how our green initiatives can be implemented in your community. Let’s work together, share ideas, and create a greener future for Newfoundland and Labrador. By taking small, simple steps, together we can ensure a cleaner and more sustainable future for our province.
Initiatives to look for at convention
• Reduced Convention Guide – We’ve cut the number of pages in this year’s convention guide by half. Information that would have been provided in the Source Book section will now be available on the MNL website.
• Messenger Bags - This year your delegate kit comes in sleek, environmentally-friendly messenger bag that is made from 100% post-consumer recycled materials such as plastic bottles and yogurt containers! • Paperless Kit Bags – Remember all those sheets of paper and advertising that were in your delegate kit bags…it’s all gone! No more paper!
• Free Reusable Travel Mugs - MNL, in partnership with the MMSB, will be giving delegates a reusable coffee mug that you can fill with your morning beverage before you head into your first session of the day. Did you know that Canadians use more than 1.6 billion disposable coffee cups every year? That’s a lot of coffee…and a lot of waste!
• Electronic Voting – No more standing in line to cast your vote! This year we will be using an electronic voting system that will let delegates cast their vote without leaving your seat. • No More Bottled Beverages – We will be using jugs of water, juice and milk to cut down on trash. No more individual servings.
• Recycling Stations – For those of you who simply need a Diet Pepsi, don’t worry, recycling bins will be readily available throughout the venues during breaks.
C O N TAC T US 460 Torbay Road St. John’s, NL A1A 5J3 Tel: 753-6820 • Fax: 709-738-0071 Toll Free: 1-800-440-6536 Email: mnl@municipalitiesnl.com Website: www.municipalitiesnl.com
GREEN
For tips on how you can green your municipal office please visit MMSB’s website at www.mmsb.nl.ca.
• Reusable Dishes – All food and beverages will be served using reusable dishes rather than single-use beverage cups and plates that would otherwise be headed for the landfill.
October 2012 I 3
Grab a Mirror:
Talking Voter Engagement What does it take to increase voter engagement in our beautiful province? While blaming another level of government or the Municipal Elections Act is convenient, every councillor must play an active role in increasing voter engagement. If you ask people why they don’t vote, responses such as “It doesn’t make a difference” or “Politicians are only in it to benefit themselves” are not apathetic. Voter engagement, particularly of young people, continues to decline but not because they don’t care or don’t have an opinion. Here are five suggestions to increase voter engagement in your community: 1) Make a Four-Year Commitment - Commit to increasing voter engagement during your entire term, not just when you want the votes for yourself. Municipal Awareness Day doesn’t count. Host a speaker’s series and invite current and previous councillors to talk about their experience. Ask a student council president to speak to your council about things that matter to students. Establish a plan at the beginning of your term to increase citizen engagement. 2) Revisit Mobile Polls - I’m willing to bet that your municipality has set up mobile polls in seniors’ homes. That’s great. Have you tried targeting busy young people as well? Commit to setting up a mobile poll for the 2013 election where you haven’t before. Try a high school to target parents, students and teachers; a daycare; a local college campus; a shopping mall. People live busy lives. Make it easier for them to engage. 3) Connect – People need to know that municipal politics will make a difference to them and the lives of their families. Pay attention to how you communicate. Complaining you don’t get enough funding from the provincial government doesn’t engage your townsfolk. Talking about how that will impact on your ability to establish a playground in a new neighbourhood does. 4) Be Brave! – People want to vote for people like themselves. In the 2011 Municipal Census, 63% of responding municipalities had two or less women sitting on council; only 3.4% of councilors were under the age of 35. Ask people to run. If you’re a real leader, you’ll encourage those who are different than you, and those who think differently, to run. This will challenge your thinking and result in better decisions. Give people who are different from you a reason to vote. Ask them to run and then support and encourage them personally. 5) Learn from other sectors – The municipal sector is not alone in facing challenges of engagement. Canadian Blood Services pays special attention to first-time donors by establishing clinics at high schools to get students into the habit of being blood donors. CBC NL has made great use of social media to engage its audience. Instead of simply listening to weatherman Ryan Snodden on TV or radio, you can interact with him through Facebook or Twitter. If you don’t have a councillor or staff person to establish a social media presence, engage a young person in your town to meaningfully use it. We each need to do our part to increase voter engagement in this province. Grab a mirror – you’re up! Lisa Browne is a former Deputy Mayor of the Town of Clarenville. Continue the conversation at @lisabrowne2 or www.clarenville.blogspot.com.
NEWFOUNDLAND & LABRADOR’S
#1 SELLING COLD PATCH PAVEMENT REPAIR MATERIAL Available in BULK and BAGS throughout Newfoundland & Labrador * Environmentally Sustainable * Newfoundland DOT Approved * Guaranteed PERMANENT * PROUDLY MADE IN NEWFOUNDLAND
www.QPR.cc (866) 274-0935
Got a smartphone?
TRY A
BAG ON US
4 I Municipal News
Concrete Products Wall Retaining le a Blowout S • Retaining Wall Block • Interlocking Paving Stone • Structural Retaining Wall Block • Specialty Paving Stones • Sand, Gravel and Base Materials • Accessories Monday - Friday Monday - Friday7 7pm pm-- 55 pm, pm Sat. 7 am - 12 pm Sat. 7 am - 12 pm
Visit our Retail Store: Concrete Products Limited 260 East White Hills Road St. John’s, NL A1A 5B5 Tel: (709) 368-3171 Fax: (709) 739-5681 Email: cp@concreteproducts.ca 5789749
The TRIO Board of Directors is pleased to announce three improvements made recently to the group health care plan. Effective May 1, 2012, the paramedical coverage has been increased to a maximum of $1500 per year per insured person. In addition, the maximum amount per practitioner has been removed. Effective July 30, 2012, the utility of the drug card has been expanded to now include point-of-sale payments at most physiotherapists, chiropractors and vision care specialists. You will no longer need to pay up front and submit your claim for reimbursement when you visit these practitioners. (The practitioners themselves must be registered with the TELUS Health eClaims Solutions. You should confirm this before you avail yourself of their services.) We estimate that about 90% of all health care claims will now be settled using this point-of-sale technology. You can now track your claims history and verify your coverage online when you visit www.mysunlife.ca/ Just sign in using your drug card number and choose from a variety of helpful utilities. A tutorial on how to get the most out of this online resource can be found at www.sunlife.ca/mybenefitsonline
Trio offers employee benefits and pension plans for every municipal budget. Please visit our web site www.triobenefits.ca or call the Trio office for more information: 709-738-7338 or 1-888-330-7338
100% locally owned and operated. Your partner in metal recycling for over 25 years
WANTED ALL TYPES OF
SCRAP METALS FOR RECYCLING PROVINCE-WIDE COMMUNITY SERVICE MOBILE CAR CRUSHING SERVICE ROLL OFF SERVICE INDUSTRIAL SITE METAL CLEAN UP
753-3070 www.newcometal.com INSURED, CERTIFIED, BONDED. HOLDERS OF COA FROM THE DEPARTMENT OF ENVIRONMENT
50 Robin Hood Bay Road, St. John’s, NL A1C 5L4 Tel: (709) 753-3070 Fax: (709) 753-4892 Toll Free: 1-877-753-3070 info@newcometal.com www.newcometal.com
October 2012 I 5
A Message from the Minister
Honourable Kevin O’Brien, Department of Municipal Affairs, Minister Responsible for Fire and Emergency Services Tropical Storm Leslie has come and gone and while there was minimal damage throughout the province, it could have been worse. The real success story from Leslie is seeing the effectiveness of emergency preparedness in advance of the storm and also the benefit of following emergency plans throughout our municipalities. The Provincial Government, through Fire and Emergency Services Newfoundland and Labrador (FES-NL) and relevant stakeholders, had been tracking Leslie and had planning in place in anticipation of the storm. Municipalities were an important stakeholder and were well prepared for the storm. I commend you all for your hard work and dedication in preparing and responding on behalf of your residents. I believe the province and municipalities were in a better position to be able to respond to Leslie than we were before Hurricane Igor two years ago. Approximately 90 per cent of residents in the province are covered under an emergency management plan and the province has an emergency plan in place. In addition, the province has invested heavily in infrastructure throughout the province in recent years. We are still in hurricane season so the message about the importance of being prepared still applies. This preparedness will also help carry our communities into the coming seasons, through severe winter storms and any other potential emergencies. We can never be over-prepared for a storm. Communities throughout the province are advised to ensure emergency management plans are reviewed, readily available, and that relevant local contact information is up to date. Municipalities should be diligent in ensuring that all storm sewers, culverts, bridges, and drains are free from debris and that emergency personnel are available should weather conditions warrant. FES-NL also encourages municipal officials to check with insurance companies to fully understand policies and coverage for emergency situations.
Your hotels of choice
www.steelehotels.com
Relaxing
Friendly
Tasteful
Large, Spacious Rooms & Suites
Feel at home . . .
Dining Rooms Frequent Travellers Program Aeroplan Partner Friendly Professional Service Special Corporate & Government Rates First-class Convention Facilities Business Centre High Speed Internet Access Coffeemakers, Hairdryers, Irons & Ironing Boards in all Rooms
Gander Corner Brook St. John’s
Glynmill Inn
Albatross Hotel
Irving West Hotel
Sinbad’s Hotel & Suites
The Capital Hotel
CORNER BROOK Tel: 709-634-5181 Fax: 709-634-5106 Toll Free: 1-800-563-4400
GANDER Tel: 709-256-3956 Fax: 709-651-2692 Toll Free: 1-800-563-4900
GANDER Tel: 709-256-2406 Fax: 709-651-3860
GANDER Tel: 709-651-2678 Fax: 709-651-3123 Toll Free: 1-800-563-8330
ST. JOHN’S Tel: 709-738-4480 Fax: 709-738-4481 Toll Free: 1-800-503-1603
6 I Municipal News
Moving our municipal emergency preparedness plans forward. by Danette Doley
In accordance with the Emergency Services Act, all municipalities, “They need to put the plan on the top of their priority for review and including Local Service Districts (LSDs) were required to have emergency ensure that everyone is critically aware of their plan as they are the people management plans in place by May 2012. that are going to be executing it.” Municipal Affairs Minister Kevin O’Brien says 95 per cent of municipalities and LSDs have submitted their plans and government is working with the remaining five per cent to ensure every area of the province is covered by a plan.
While plans may vary from one community to another, O’Brien said, once they are put to paper, his staff and FES-NL can work with the municipalities and LSDs and make suggestions on improving and enhancing the plan.
The minister admits that when municipalities and LSDs were first told they O’Brien is also Minister Responsible for Fire and Emergency Services. would have to submit a plan, some were skeptical. Change isn’t always Implementing these plans will mean that the standard of emergency easy to accept, he said. preparedness throughout Newfoundland and Labrador will be raised to He credits MNL for promoting the importance of such plans. the point where all types of emergencies/disasters can be met with a “Now most of the municipalities, if not all, understand that it’s critical prompt and effective response, the minister said. to have a plan because you don’t know when these types of events are Fire and Emergency Services – Newfoundland and Labrador (FES-NL) going to happen. And when FES (NL) offered material, videos and training has been offering free training to assist municipalities in putting plans in opportunities to the communities to help put their plans in place, it became place, he said. a lot easier than we thought it would at first.” The plans determine the risk a municipality faces and measures to overcome the emergency. It documents people, procedures and resources, communications and organizational structures required to avoid or lessen the impact of an emergency.
O’Brien says municipalities and LSDs are to be commended for coming onboard and realizing the importance of having a fail-proof plan. On behalf of his staff and FES-NL, he thanks those who worked hard to ensure they complied with the Emergency Services Act’s requirements for the plans.
Emergencies can be anything from a landslide to a flood; a tropical storm to a forest fire; an auto accident to a chemical spill.
“Each one of those councilors and committee members, or most of them, are serving in volunteer positions. They are all involved in the everyday Included in the plan – which O’Brien describes as a commonsense running of their community. They went through the process of putting an approach to an emergency - is an inventory of equipment within the emergency plan in place and making sure it’s in good order and can be executed easily. So now they should take pride in doing something that community – that could be used in case of an emergency. will be forever more in their communities,” he said. “That’s not just fire trucks, it’s backhoes, heavy equipment, and things like generators that some residents may have in their garages,” the minister Vince MacKenzie, fire chief for the Grand Falls-Windsor fire department, is president of the Newfoundland and Labrador Association of Fire Services. said. MacKenzie says emergency management plans are paramount to any An emergency management plan is a living document. As things change community’s emergency management system. within a community (new home construction, residents moving away for work, etc.) it’s important that the plans not be shelved rather updated on His association has been partnering with MNL with many years to ensure municipal leaders realize that, he says. a regular basis. The minister also noted that municipalities and LSDs that don’t have MNL president Churence Rogers says he’s pleased with how incorporated emergency management plans in place are leaving themselves open to municipalities have responded to government’s insistence on emergency management plans. liability should a disaster occur. With municipal elections taking place in 2013, O’Brien encourages councils and LSD committee members to ensure both former representatives and new appointees are introduced to and understand the plan.
He throws accolades to MacKenzie’s association and to fire departments across the province for playing an integral part in putting the plans in place. Representatives from the association also spoke at the MNL conventions and symposiums to let municipal leaders know what’s required under a plan.
“They play a very key role in everything that we do within our municipalities and most of them had previous training and preparation prior to the legislated requirements,” Rogers said. Now that the majority of MNL members have done their part in complying with the Emergency Services Act, Rogers cautions that putting a plan in place in one thing – having the resources to implement it when an emergency occurs is another. MNL will be knocking on the minister’s door if and when it’s determined that additional money is needed for things such as command centres. “There has to be a major centre for the mayor and councilors and fire chief and police and other people to go to. You not only have to identify the centre, you have to make sure you have the resources, like telephones there, or at least access to all everything you’re going to need,” Rogers said.
October 2012 I 7
ASCENT The Environmental Industry’s Role in Municipalities across Newfoundland & Labrador • Firms involved in the site selection, design, construction, operation, maintenance, renovation, and demolition of environmentallyresponsible and resource-efficient buildings; • Firms sustainably harvesting natural resource products including forestry and timber, aquaculture, and organic farming; • Firms running programs and initiatives to reduce, reuse, and recycle waste streams; • and even firms involved in tourism providing sustainable activities and operations. “Green economy” and “environmentally friendly” are phrases that are often used within the context of business and government, and seem to usually be associated with important policy decisions and large-scale undertakings or projects.
The “greening” of the economy and the manner in which we treat the environment around us have become such important issues that the work of the environmental sector can be seen being carried out in our province’s municipalities on a daily basis.
And the environmental sector in Newfoundland and Labrador is growing. A recent report commissioned by the provincial government – “An Analysis of the Economic Development Opportunities Associated with the Green Economy in Newfoundland and Labrador” – calculates that the sector in The reality is that the environmental sector is present in the every-day 2010 employed 10,300 people in our province in 1,100 private and public activities of our municipalities – no matter their size. Whether it’s in the sectors, and conservatively estimates a 17% growth in the sector by provision of clean water, land use planning, construction of new homes, 2020. collection of household waste, activities of local industry, management NEIA, the Newfoundland and Labrador Environmental Industry Association, of sewage and wastewater, or even in landscaping, the environmental is the organization which represents and promotes the industry. The industry is active in communities from coast to coast in Newfoundland and association is made up of over 120 companies and supporting organizations Labrador. province-wide, each with their own expertise. It is an organization which can help municipalities reach their “green” potential. Indeed, municipalities But what exactly is the environmental sector of the economy? can even become members of NEIA to strengthen relationships in the The environmental sector is comprised of companies and organizations industry, as Marystown and St. John’s have. pursuing sustainable economic growth while committing to the prevention of environmental pollution, global warming, resource depletion, and What are the environmental issues in your municipality? What are the standard methods to approach them? Who provides these types of services ecological degradation. It is where the economy meets the environment. in Newfoundland and Labrador? Can “green economy” and “environmentally It is a broad sector which encompasses work you are likely already familiar friendly” be phrases that are associated with your municipality? With the significant reach and experience of its membership, NEIA can help you with. The environmental sector can include: explore your opportunities. • Firms supplying technologies and services that monitor, manage, treat, No matter the size of the municipality, it is a piece of our province’s “green and prevent air, water, or soil pollution; • Firms generating energy from renewable or resources that are economy”. The decisions they make ultimately reflect on Newfoundland and Labrador as a whole. NEIA’s members can help your municipality sustainably harvested (such as biofuels); make smart economic and environmental decisions. • Firms engaged in energy management and efficiency-related services Kieran Hanley is the Marketing and Communications Coordinator and technologies; • Firms producing energy-saving and GHG reducing equipment and for the Newfoundland and Labrador Environmental Industry Association. services; Yet despite our collective focus on bigger-picture initiatives and results, a “green” economy is only the sum of its parts – and what is done on even the smallest of scales can make a difference.
ASCENT 1
Economic Development
8  I Municipal News
ASCENT ASCENT is a regular feature in the Municipal News.
Economic Developers Association of NL
Jeff Lawlor EDANL, President
It is a great privilege to be writing the first of many articles for The Ascent as President of the Economic Developers Association of Newfoundland and Labrador (EDANL). Our association has had some ebbs and flows since its formation. In 2007 the national conference for the Economic Developers Association of Canada (EDAC) was held in St. John’s. This event really inspired the creation of our provincial association. But after its main priority, hosting the national conference, was complete, it took a few years of narrowing down, identifying and focusing on what our main objectives were to get to where we are today. Currently we are a group of over 50 economic development practitioners that remains active and involved in our communities and with each other. Although we are still growing and defining our association, I believe at this time we are ready to expand and promote ourselves as a valuable and integral part of community economic development in Newfoundland and Labrador. I invite you to find out more about EDANL by checking out our website www.edanl.ca. There you will also find contact information about our Board of Directors who are eager to talk about our association with you. For our first article I would like to set the stage and really help you better understand what EDANL is and how we can be a resource for municipalities across our province.
2
ASCENT
What is EDANL
The Economic Developers Association of Newfoundland and Labrador (EDANL) is an organization of professionals engaged in economic development in Newfoundland and Labrador. Our mandate is to enhance the profession by providing an active network for communication, information, and professional development. Formed in 2007 our provincial organization represents economic development practitioners throughout Newfoundland and Labrador. Our objective is to promote the economic development profession within the Province while providing our membership opportunities for professional development and networking. The objective of EDANL is to establish the provincial association as a pro-active organization that, through its activities and partnerships, will provide a valuable service to economic development practitioners throughout Newfoundland and Labrador. EDANL is dedicated to providing services that support the activities, profile and development of its members and their economic development goals.
How EDANL can help shape Economic Development in Newfoundland and Labrador Throughout the province communities are wading into uncertain times when it comes to economic development. Although we are going through a great deal of change, economic development in our communities is more important than ever. None of us quite know what the landscape will look like as of next year, but one thing is for certain, EDANL will be a resource to the regional economic boards that intend to continue and we will support those economic development professionals who are no longer working within those boards. In the meantime, there are still a great number of communities that have invested in economic development, directly, that continue to do amazing work. The last five years has seen an incredible amount of growth by municipalities hiring dedicated staff for economic development. In addition, there are numerous organizations that have a mandate rooted in the philosophies of economic development. EDANL can act as the catalyst to bring all these practitioners together and help ensure that the municipalities of Newfoundland and Labrador have access to the network of knowledge within our province.
2012 Annual General Meeting
In June of this year EDANL was pleased to hold a three day professional development session and annual general meeting in the town of Port aux Basques. The speakers at the session were varied and included the Department of Innovation Business and Rural Development, Department of Immigration and Multiculturalism, Community Business Development Corporation (CBDC), The Harris Centre, NL Federation of Labour, Marine Atlantic and more. In addition to the knowledge gained from these specific speakers, EDANL provides these sessions as an opportunity to network and learn best practices throughout Newfoundland and Labrador. With an active and passionate membership it is easy to be inspired at the work being done in the province. A special thanks to the Town of Port aux Basques for their hospitality and their Economic Development Officer Shauna Strickland and her team for their hosting a great event. During the AGM elections were held for a new Board of Directors and Executive. For a full list you can visit our website. A special note: on behalf of the entire EDANL membership, I would like to thank our outgoing President, Todd Mercer for his hard work and dedication. His leadership and guidance was invaluable in brining EDANL to the place where it is today. Our membership has identified social media training as a need in the future. The next professional development session is being planned with this focus. If you are interested in finding out more or would like to suggest additional topics please contact any of our Board of Directors. Contact information can be found on our website www.edanl.ca
EDANL and MNL
EDANL intends on being a bigger resource to municipalities in the province by providing content for The Ascent inserts in Municipal News moving forward. Each edition you will read about our upcoming events, best practices in the province and other relevant economic development information.
October 2012 I 9
ASCENT ASCENT is a regular feature in the Municipal News.
Increased role for municipalities in provincial regional development.
According to Dr. Rob Greenwood, Executive Director of Memorial’s Leslie Harris Centre of Regional Policy and Development, recent cuts to the Regional Economic Development Boards make the regional development role of provincial municipalities even more crucial. “The Regional Economic Development Board (REDB) system is facing major challenges right now, which means that other types of organizations might need to pick up some of the activities that have traditionally fallen to the REDBs,” explained Dr. Greenwood. “In many cases, municipalities could be a good fit to step in.” One example Dr. Greenwood mentioned is the Harris Centre’s Regional Workshop program. Regional Workshops are day-long sessions that bring together community members and regional organizations with Memorial students, faculty and staff to share experiences and generate possible projects for Memorial collaboration. Since the program began, sessions have been held in 20 communities province-wide, resulting in dozens of Memorial research, teaching and outreach projects. “Municipalities have been key partners in the Regional Workshop sessions since day one,” said Dr. Greenwood. “Their involvement has always been important, but in the current regional development landscape, it has become invaluable.”
However, the role of the local region doesn’t end there. All of the possible research projects that are generated at Regional Workshop include a local contact. “Many of the opportunities that we then share with interested Memorial students, faculty and staff are championed by representatives from municipalities,” explained Ms. Tucker. “Some of our most successful projects have depended heavily on the involvement and expertise of municipal employees and volunteers.” When asked about the future of regional development in Newfoundland and Labrador, Ms. Tucker was cautiously optimistic. “The level of commitment is strong, both among individuals and organizations including municipalities,” she said. “Regional development has always been a collaborative process- a continued dedication to working together to address provincial challenges will continue to be essential as we move forward.” If you’re interested in learning more about regional workshops, please visit the Harris Centre website at www.mun.ca/ harriscentre.
3
Amy Tucker, the Harris Centre’s Knowledge Mobilization Coordinator and Regional Workshop organizer, agrees. “When we plan a Regional Workshops, we rely on the knowledge of our local planning committee- from advising us on details like catering, to helping us set session themes that reflect the interests and needs of the region, strong local involvement is essential.”
ASCENT
Craig Pollett, Executive Director of Municipalities Newfoundland and Labrador agrees. “The REDBs were an important planning, coordination and research resource for municipal governments and their absence certainly creates a support gap. The big question is whether we can fill that gap by working with partners - by collaborating rather than creating new organizations,” he said. “The Harris Centre’s regional workshops give us a venue to have that conversation and I think municipalities and MNL itself could play an increased role in organizing these valuable events.”
10 I Municipal News
ASCENT ASCENT is a regular feature in The Municipal News.
How FCM goes to work for NL Municipalities. The Federation of Canadian Municipalities (FCM) encourages all municipalities across Newfoundland and Labrador to join us and add strength to our voice as we speak together on issues affecting cities and communities. Every day, FCM goes to work for Newfoundland and Labrador communities large and small, as we represent your interests in Ottawa on a wide range of key issues, including: • infrastructure ASCENT
• policing and public safety • housing • rural, remote and northern communities • transit and transportation 4
• the environment
In Newfoundland and Labrador, FCM represents 115 member cities and communities – accounting for nearly 77 per cent of the province’s population. Plus your provincial association is an FCM member.
FCM represents:
This is a particularly critical time for municipalities in Canada, as FCM is working with the federal government to develop a new long-term infrastructure plan to replace billions of dollars in existing municipal funding programs due to expire in 2014.
All member municipalities are represented by FCM’s Board of Directors, including:
With your membership, FCM can continue to grow and build on the many gains we have made for local governments, such as the GST rebate, the Gas Tax Fund and the Economic Action Plan. Your municipality can benefit in other ways as well, such as through the savings offered by FCM’s Corporate Partners.
The Wooden Boat Museum of Newfoundland and Labrador is seeking your help in the documentation of wooden boat building methods and techniques found throughout our province. Tell us your stories. We invite you to become a WBMNL Community Partner to participate in a collaborative research project designed for your community. Build your heritage. Our professional staff will work with you to capture wooden boat traditions in your area to expand your local heritage resources and celebrate your community’s unique boat building heritage. To get involved or for more information visit us at booth #63 at the Municipalities NL Trade Show or contact the WMBNL at (709) 583-2070, email bkingheritage@gmail.com or visit us online at www.woodenboatnl.com.
• Close to 2,000 municipalities across the country • Over 90 per cent of the Canadian population • 21 provincial, territorial and municipal associations
• 74 board members across Canada • Three seats allocated to Newfoundland, including Municipalities Newfoundland and Labrador Our major accomplishments on your behalf include: • Permanent sharing of the federal Gas Tax Fund, through which Newfoundland and Labrador receives more than $31 million annually; • The Infrastructure Stimulus Fund, through which Newfoundland and Labrador received $59 million; and • Full reimbursement of the Goods and Services Tax, through which Newfoundland and Labrador received a rebate of over $7 million. Long-term infrastructure plan and Target 2014
Due in part to FCM’s efforts, the federal government is developing a long-term, sustainable infrastructure plan with all orders of government and the private sector. With $2 billion in annual infrastructure funding set to expire in 2014, the new plan is critical to ensure the continued planning and funding to rebuild our communities’ aging roads, bridges, water systems, community centres and public transit. In June 2012, FCM launched Target 2014, a national campaign to energize all Canadian municipalities around the long-term infrastructure plan. FCM is urging all municipalities to pass resolutions that endorse Target 2014 and call on the federal government to deliver on its commitment to have a new long-term infrastructure plan in place before the 2014 construction season. Join FCM Today
Help us help your community and all communities. Become an FCM member and add momentum to the municipal movement across Canada. Please contact us to receive more information about FCM at: membership@fcm.ca or 613-907-6273.
October 2012 I 11
Parliamentary Procedures Subsidiary Motions Example
During the last few columns we have dealt with Subsidiary Motions. The following is a simple example of how two subsidiary motions are properly used. The key to Subsidiary Motions is knowing how and when to use them. Here they are again in their order of priority: Lay on the Table; Previous Question; Limit or Extend Limits of Debate; Postpone to a Certain Time; Commit or Refer; Amend and Postpone Indefinitely.
APS Air
ATLANTIC PURIFICATION SYSTEMS LTD. An Atlantic Canadian family-owned business since 1970
Environmental
Fluid Handling
Service
Submersible, grinder & dewatering pumps, mixers and accessories.
During the discussion on the Main Motion, Councillor Caldwell has made a Motion to Amend the Main Motion by inserting into the motion the size of the sewer pipes to be used. The Motion was seconded and discussion proceeded on the Amendment.
Water/wastewater UV disinfection systems.
Councillor Davis was recognized by the Chair and made a Motion to Refer the matter to the Public Works Committee. That motion was also seconded.
Qdos - Join the no valve metering revolution (no valves, no ancillaries, and no vapor lock). Peristaltic, hose, sine pumps & accessories.
Councillor Baldwin quickly stood and reminded the Chair that there was already a Main Motion and an Amendment on the floor. The Chair advised Councillor Baldwin that the Motion to Refer takes precedence over the Motion to Amend and, therefore, the Motion to Refer by Councillor Davis was in order.
After a short debate, the Motion to Refer was put and defeated.
Wholesale
Control panels, alarm systems, pump switches, control switches and accessories.
Councilor Baldwin has made a Motion to upgrade the storm sewer line on Main Street. The motion was duly seconded.
Councillor Baldwin was visibly shaken and sat shaking his head, and mumbled, “There’s something wrong with this.” He looked in his Rules of Order and saw that the Chair was correct and also that debate on the Motion to Refer (or Commit) can extend only to the desirability of committing the main question and not to the merits of the main question.
Industrial
CSO, screening & grit removal, MBBR systems. Head Office:
10 Ferguson Rd. Dartmouth, NS B3A 4M1 Phone: (902) 469-2806 Toll free: 1-800-265-2300
For a full list of manufacturers, visit us online www.aps.ns.ca sales@aps.ns.ca
NB Office:
695 Malenfant Blvd. Dieppe, NB E1A 5T8 Phone: (506) 857-2880 Toll Free: 1-888-863-7867
The Motion to Amend was then back on the floor and some further discussion took place on the merit of Councillor Caldwell’s concern about including the size of the sewer pipes. The Motion to amend was then put and passed. The Main Motion, as amended, was then put and passed. (The Chair breathed a sigh of relief.)
Members may contract Frank Tibbo at 37 Raynham Avenue, Gander A1V 2J3 or via Tel: 709-256-8388 or e-mail franktibbo@nl.rogers.com
P.O. Box 194, Gander, NL A1V 1W6 tel. 709-258-7501/fax. 709-256-8729 email. admin@dmg.nf.ca/web. dmg.nf.ca
Municipal Works Communications
Materials Testing/Control/ Inspection
Transportation Engineering and Planning
Design
International Marketing
Environmental Assessments
Structural Engineering Construction Management Investigative Engineering Site Services Structural Investigations
Retirement Communities
Topographical/Geotechnical Investigations GPS Surveying Airport Runway Design and Rehabilitation
12 I Municipal News
User fees critical to successful delivery of waste management. By Ken Kelly
Under its mandate, Eastern Waste Management Regional Service Board works with and alongside communities in the Eastern Region of the Province to provide an efficient waste management system at a reasonable cost. As they move from one phase to the next, Eastern Waste Management is expanding its waste management services. The regional service board provides residents with the local services and information they need to participate in waste diversion activity and to dispose of their waste responsibly through household hazardous waste collection, curbside recycling services, and other waste diversion activities. This more modern and sustainable waste management system is working. Communities and residents are increasingly engaged and this is clear by the growing level of participation – a factor critical to the success of the full integration of an efficient waste management system. Also necessary to the successful delivery of these services is user fees.
PMA
Unfortunately, there have been a number Professional of situations where property owners refuse to pay theirMunicipal user fee for waste Administrators management services in their community. When a property owner refuses to pay their user fee over a period of time, it places a burden on the system as it must compensate for that loss, and may drive user fees up for all users.
After attempting every other option to recuperate long overdue fees, Eastern Waste Management on behalf of a number of communities has filed several cases in Small Claims Court. In this particular case, eight local service districts joined together to contract for the collection of solid waste. Eastern Waste Management acted as the business managers for this not for profit by providing contract management and financial administration. The first of these cases, Trinity Bay South Waste Management Inc. v Robert Dunphy, has been heard before the Court, and ruled in favour of the not for profit corporation comprised of the local service districts, where it was noted that the waste management user fee is no different than any other municipal fee required to be paid. With more than two year’s worth of fees outstanding, the seasonal property owner was ordered by Small Claims Court to pay the outstanding fees. The interpretation of the court on two points is worth noting. Firstly, the court validated the ability of the local service district to expand its boundary because the enabling legislation defines the boundary of the local service district “as the area commonly known as” even though the property was not charged service fees in the past. Secondly, even though a “user” fee is charged for the service the property owner is not exempt simply due to the fact they claim not to use the service. The property can avail of the service because the truck passes the property therefore the fee is valid similar to the authority granted under the Municipalities Act Section 130 that allows a municipality to charge for connection to a water or sewer system if a property is capable of connecting.
The cost to residents is always top of mind for Eastern Waste Management as they work to facilitate modern waste management services across eastern region communities. It is important to balance cost recovery and the user fees charged to property owners and communities for access to waste management services. The regional service board has maintained low user fees based on property owners and The remaining Small Claims Court cases communities keeping their accounts will be heard before the Court in the coming months, where the regional service board current. hopes to successfully recover the costs As with any user fee, from time-to-time that may otherwise impact the cost of payments get overlooked or individuals services to Eastern Region communities may need to make special arrangements. and their residents.
PMA Professional Municipal Administrators
While the topic of Council/Staff roles and relationships has been discussed forever, it is one that still needs discussing. I stumbled upon an article online by Jim Clemmer of The Clemmer Group. While I’ve only included excerpts from it, I thought it worth sharing in this issue of MNL’s Municipal News… Building a strong partnership between staff and council is essential to effective municipal management. In many instances this lack of harmonization is caused by lack of agreement on the defined roles for both staff and council members. When council “snoopervises” staff or gets deep into operations, or when staff sets public policy and establishes community priorities, the distinction between the two is blurred. This often sets up a vicious circle of ever eroding trust and teamwork that spirals downward. Council and staff members are both responsible for recognizing the issue and working to resolve it. With council membership changing every four years, it is difficult to form a lasting relationship between council and municipal staff. With many trust and teamwork gaps, each side often doesn’t understand the other’s perspective. Staff can have the unrealistic expectation that council should act as a team. But many council members have individual agendas that correspond to the area they represent. Staff needs to take their direction from council as a whole, not individual members. On the other hand, council may have little idea of the havoc their behavior is causing throughout administration. Many don’t realize that other members are dealing with individual operating issues and drifting away from council’s policy setting, planning, and priority setting roles. Their frustration, comments, or questions of staff can come across as disrespectful and questioning their competence. That needs to be fed back to council and perhaps council members privately and constructively confronted with their behavior and its impact on staff morale and effectiveness. It’s hard to see the picture when you’re inside the frame. Gaps between council and management staff generally develop gradually without much notice. They are often ignored or even considered normal. Every leadership group can benefit from stepping back periodically for an objective look at their situation. As “we/they gaps” widen, they diminish effectiveness and create communication problems. Municipal leadership groups can dramatically improve their effectiveness by recognizing and bridging their gaps to work together for the good of communities they serve.
P
P M A
October 2012 I 13
Hurricane season in Eastern Canada Are you prepared? Each hurricane season brings the potential for severe storms to hit Atlantic Canada, and this year’s outlook is no different. In hurricane season – and year round – Johnson Insurance and Unifund Assurance Company take all necessary precautions to ensure we are here for our customers. It is important that home owners in this part of the country prepare for the storm season. Hurricanes are generally forecasted well in advance, so be extra aware this time of year and stay informed of the expected weather conditions. You can always obtain up-todate information from your local radio or television station, or visit Environment Canada online at www.weatheroffice.gc.ca.
The following are some emergency preparedness tips and information to assist you in the event of a hurricane.
Before a hurricane • Be sure to trim back dead or weak branches from trees located near your home, outbuildings, parked or stored vehicles, and power lines. • Store all outdoor objects such as patio and lawn furniture, BBQs, toys, and garden tools; and anchor objects that cannot be brought inside. • Compile an emergency preparedness kit, and store it in an easily accessible area of your home. Include battery-powered or windup flashlights and radios – don’t forget extra batteries! Bottled water and non-perishable food is also important to include. • Keep in mind most cordless phones will not work in a power outage. Ensure you have a telephone that does not require electricity to function. • Fill the gas tank of your car in case of emergencies. • If your home is located in a low-lying area near the coast, move inland and to a higher elevation if possible. Hurricanes bring strong winds, and they can create tidal waves and storm surges. • If you have a sump pump, make sure it is in the proper working order as ground water always increases during storms. • Ensure you have a sufficient supply of charcoal or propane for your BBQ so that you are able to cook and heat food for meals. Remember never to operate your BBQ from inside your home or garage.
During a hurricane • Stay indoors, unless directed otherwise by the appropriate authorities. For more information on hurricane preparation, visit www.johnson.ca, or www.getprepared.gc.ca. Johnson customers can report claims at 1-888-739-1214.
MNL members and associated employees who are interested in obtaining a no‐obligation home or auto insurance quote from Johnson Inc. may call toll‐free1‐800‐563‐0677 and be sure to reference Group ID Code: FN
• Stay informed – listen to your local radio or television station for storm updates. • Avoid using your land line as it is not safe. Use your cellular phone to keep in contact with friends, family or neighbours. Limit phone calls to ensure your battery life will last the duration of the storm.
14 I Municipal News
Community Enhancement Dealing with the dog waste challenge. Practica has the solution to help dog-owners to dispose of their pet’s waste in parks, playgrounds, leash-free zones, down town, lakeshores and recreation areas. As a Canadian owned and operated company we are proud that all our products are made in Canada and of the highest quality, and we have a real commitment to improving the environment. The concept is straightforward with these components: a dispenser or a waste bin/dispenser combination and the pick-up bags.
DOG POOP WASTE DISPOSAL ÉLIMINATION DES EXCRÉMENTS DE CHIEN
The bags are much smaller than grocery bags and with one fold, the tear-and water-resistant doggie poop waste disposal bag fits easily into the dog walker’s pocket. The pick-up bags are biodegradable. Our contribution for a cleaner and healthier environment - and so easy to use. The weatherproof metal dispenser is available in green or blue, denoting its environmentally friendly status. It holds up to 500 bags, but the design allows a maximum of two to three bags to be taken at a time, reducing the risk of theft or vandalism. The dispensers can be easily installed or mounted on walls, or attached to existing garbage can poles. The Practica waste bin also is available with a sponsorship panel on the front of the disposable bin. Individuals or organizations can adopt a dispenser, just like one would adopt a road. Practica is pleased to have its product in every province and more information can be found on the web site www.practica.ca
• Biodegradable/Compostable • Pick-up bags ~ Sacs de ramassage Dispensers ~ Distributeurs Waste bin combinations ~ Ensemble conteneur à déchets et distributeur Toll free: 1-866-819-5559 Email: info@practica.ca www.practica.ca TM
Waste bin with dispenser
Dispenser on Mini U-Post
October 2012 I 15
Community Cooperation Ending phase I of the regional government initiative. by Robert Keenan, MNL Community Cooperation Program Officer In 2010, MNL launched the Regional Government Initiative with the release of three discussion papers on regional government. The papers were released at the MNL Symposium, and the subsequent presentation on the ideas contained in the papers received a standing ovation. This was a fantastic start to the Regional Government Initiative, and it let MNL know that this was an idea that had more support than was previously known.
Regional Government Consultations Since the release of the discussion papers, MNL has been focused on consulting with its members on regional government. The formal input of member municipalities is very important to MNL, as it does not want to move forward with an issue that is not approved by a majority of members. MNL’s municipal consultations on regional government moved forward on two paths. First, half-day workshops were held across the province where participants were given the opportunity to learn about regional government and to discuss in groups how they would want regional government to look. Second, every municipality was sent six copies of a regional government workbook, where councillors could, either as individuals or as a council, give their opinions on regional government and construct a particular regional government system. The regional government consultations were successful and gathered a lot of important information on the state of regionalism and on municipal perspectives on regional government. In general, most municipalities are involved in some form of regionalization and many municipal leaders believe that their municipal is already sufficiently involved in regionalism.
Constructing Regional Government As part of the consultations, workbook respondents were explicitly asked whether they were in favour of considering
majority though that a regional government should be flexible, meaning it could provide different services to different municipalities.
and constructing a system of regional government in Newfoundland and Labrador. Encouragingly, 74% of respondents said that they were. The quarter of respondents who were not in favour of considering regional government put forth strong reasons for their position. Some municipalities cited no perceived benefits to regional government or a concern that smaller municipalities would be lost in a group with larger municipalities. The opinions of those against regional government can be summarized by the following submission: ““Geography; uniqueness of community; loss of identity is such a move occurred; loss of present community services as they would be lost to larger, more powerful communities in region; taking on another community’s debt loads when our own community doesn’t have any.” The significant majority that was in favour of considering regional government put forth responses that were similar for many of the questions posed in the workbook. Overall, participants in the consultations were in favour of regional government being fully municipally controlled. They also thought that regional government should be mandatory, that all municipal governments should be required to participate in it in some form or another. As for how a regional government should look, a majority thought that a regional government should have two-tiers, meaning that the regional government would serve as the umbrella that covered all existing municipalities and communities. Almost all respondents favoured including local service districts and unincorporated communities into a regional government, while a clear
Nonetheless, there are aspects of regional government on which the participants could not agree. In particular, those include how representatives from municipalities and local service districts would be selected for a regional council; how a regional government would assume its responsibilities; how a regional government would raise revenue; how a fee structure should be established for a regional government; and how a system of regional taxation could work if it was established.
Moving Forward The results and end of the regional government consultations leads to two questions: one, how to interpret the results the consultations, and two, where to go next with the regional government process? MNL has not yet taken the time to consider how the stated preference in the consultations for a two-tier regional government system should be interpreted for Newfoundland and Labrador. It is difficult to know if participants actually visualized how such a system would work with respect to their own municipality or whether this was the option selected because it permitted currently existing municipalities to remain untouched. As we move forward, it is essential that we break down the answers of those in favour of regional government to better understand what the regional government feedback meant. As for where to go next with the Regional Government Initiative, that decision has yet to be made. What is clear is that the next steps will have to involve MNL taking the lead. Neither the provincial government nor municipalities are in the position to move this issue forward. If we are to proceed with a further examination of regional government, MNL will conduct the work that needs to be done and put out new material. The final report on the Regional Government Consultations will be released in the next few months.
16 I Municipal News
Dealing with Subdivision Development. Part 1: Pre-construction
by Stephen F. Penney and Matthew N. Craig (Articling Clerk) Stewart McKelvey | Barristers, Solicitors and Trademark Agents
Suite 1100 | Cabot Place | 100 New Gower Street | P.O. Box 5038 | St. John’s NL A1C 5V3 | Web: www.smss.com | Tel: 709.722.4270 | Fax: 709.722.4565 Subdivision development can benefit municipalities and often contributes to expansion and growth of the community. However, subdivision development may also give rise to a number of problems and can even lead to civil liability. This can be particularly true for municipalities whose experience dealing with subdivision development is minimal or nonexistent. Some ways that a municipality may become liable to a third party include land claims, property damage caused during the course of construction, and property damage caused by subdivision infrastructure failures or problems. As well, problems can arise when a developer does not live up to their expectations. In part one, we take a look at steps that can be taken by municipalities, prior to breaking ground, in an effort to avoid these potential problems and liabilities. In part two we will discuss ways to avoid problems and potential liability during the course of construction and following its completion. In the July 2011 issue of the Municipal News, we discussed the doctrine of policy decision immunity as it related to building inspections. In a nutshell, the doctrine operates to shield municipalities from liability in regard of policy-based decisions, or decisions which are affected by, or affect, budgetary constraints. However, municipalities will not be shielded from liability when implementing their own policies. As such, it is important that municipalities maintain documented policies pertaining to subdivision development and ensure that such policies are properly implemented. In this article we will discuss two common ways that subdivision development policies should be documented.
MUNICIPAL PLAN
Municipalities in Newfoundland and Labrador are granted the authority to create a municipal plan pursuant to Section 10 of the Urban and Rural Planning Act, 2000 (the “Act”). Section 6 of the Act requires that the municipality apply to the Minister to define a regional planning area. Once the area has been defined by the Minister, the regional authority may proceed with preparation and development of a plan for the area. Once it has been developed, a municipal plan is binding on the municipality and its council, as well as any person undertaking a development in that area. It is only when a municipality has a town plan that it can exercise any practical authority over subdivision development. Section 13 of the Act sets outs issues that must and may be addressed by a municipal plan. The section includes, among other things, the following: policies to be implemented under the plan; division of land use classes; prohibited uses of land; land use zoning regulations; areas designated for comprehensive development; and proposed phasing in of development. For more information in regard of the requirements under the Act, visit http://www.assembly.nl.ca/legislation/sr/statutes/ u08.htm.
Having a municipal plan is the first step to being prepared for subdivision development. The zoning and land use requirements contained in the municipal plan direct both the municipality and prospective developers in regard of potential subdivision development within municipal boundaries. Any proposed subdivision must conform with zoning requirements and land use restrictions contained in the municipal plan. Subdivision development applications will be dealt with in greater detail below.
SUBDIVISION DEVELOPMENT REGULATIONS
Once a municipal plan is in place, the most effective way to ensure that subdivision development policies are documented and in place is to draft and implement comprehensive subdivision development regulations. When determining what should be included in subdivision development regulations, municipalities should turn their mind to all issues that could arise during the course of subdivision development. We discuss a few of the most important considerations below: 1. Application requirements – Regulations should set out all requirements of a successful application for subdivision development. Applicants should be aware of all required documentation. Municipalities will want to ensure that drawings and specifications are submitted and should clearly define the requirements pertaining to such documents. Municipalities should require that these drawings and specifications are approved by a registered professional engineer in the Province of Newfoundland and Labrador. Clearly defined application requirements act as a guide for developers, but also help municipalities ensure that plans conform to both the regulations and the municipal plan. 2. Permits and approvals – Regulations should address all required permits, including any building and zoning permits required pursuant to the municipal plan. Further, approval of an application should always be contingent on approvals being granted by certain regulatory bodies. Such bodies may include the Department of Environment and Conservation, Newfoundland Light and Power and other Federal and Provincial regulatory agencies. The regulations should require that all relevant approvals and permits are obtained and submitted with the application documents. 3. Approval process – Regulations should specify the process to be followed by the municipality when approving applications. For example, the following may be addressed: the person/body responsible for approving applications; the effect of submitting an incomplete application; and the effect of having an application rejected. Regardless of the content of the regulations in this regard, it will be important that the
municipality ensures that these policies are followed. In the event of harm caused as a result of the development, failure to ensure that the subdivision application was properly approved may give rise to a successful claim in negligence. 4. Dealing with work commenced prematurely – Regulations should contain the municipality’s policy relating to work which begins prematurely. Specifically, problems can arise when an applicant begins construction prior to obtaining the required approvals, or permits. Thus, municipalities should reserve the right to issue stop-work orders and to withhold necessary permits until all application requirements are met. Further, municipalities should avoid approving applications prior to fulfillment of all application requirements, or if approval in principal is granted, that conditions will be made clear and enforced. 5. During construction – Issues arising during the course of subdivision development will be addressed in more detail in part two of this article. However, regulations should address the responsibilities of both parties, as they pertain to the construction phase. It is important that both parties are aware of these responsibilities before construction begins. Issues to address include policies relating to supervision and inspection of work during construction, as well as maintenance of the subdivision from the time spanning from partial to total completion. 6. Development agreements – Finally, regulations should require that successful applicants enter into a development agreement with the municipality, prior to the beginning of construction. A development agreement is a practical method of ensuring that the parties are aware of and live up to their obligations during the course of construction. Further, such agreements may give the municipality an extra level of protection, beyond policy decision immunity. The agreement should address all issues addressed in the regulations and should further address issues such as indemnification and security in regard of taxes, infrastructure and other debts owing to the municipality. Municipalities will benefit greatly from having financial arrangements worked out in advance and ensuring the municipality receives priority in regard of distribution of money obtained by the developer as a result of the sale of subdivision lots. Drafting and implementing comprehensive subdivision development regulations and development agreements is the best way to shield municipalities from liability. However, as mentioned above, municipalities must always be aware of the contents of the regulations and agreements and ensure that they are enforced.