GILLIES BAY IMPROVEMENT DISTRICT TRUSTEES PRESENTATION AGM - APRIL 12, 2019
TABLE OF CONTENTS • HISTORY OF GOVERNANCE AND SERVICES IN RURAL COMMUNITIES • CHANGING ROLES FOR SERVICES IN RURAL COMMUNITIES • BC PROVINCIAL POLICY • CAPITAL PROJECTS FOR WATER • NEXT STEPS
IMPROVEMENT DISTRICTS IMPROVEMENT DISTRICTS ARE INCORPORATED PUBLIC BODIES MANAGED BY ELECTED TRUSTEES WHICH ARE ESTABLISHED TO OPERATE AND ADMINISTER SERVICES SUCH AS COMMUNITY WATER SYSTEMS AND FIRE DEPARTMENTS WITHIN A SPECIFIC GEOGRAPHIC AREA. • IMPROVEMENT DISTRICTS ARE NOT THE LOCAL GOVERNMENT BUT ARE A LOCAL AUTHORITY WITHIN THE REGIONAL DISTRICT. • IMPROVEMENT DISTRICTS MAY ONLY PROVIDE SPECIFIC SERVICES TO LANDOWNERS WHO HAVE REQUESTED AND PAY FOR THOSE SERVICES. • IMPROVEMENT DISTRICTS ARE NOT THE SAME AS MUNICIPALITIES OR REGIONAL DISTRICTS, AS IMPROVEMENT DISTRICTS MAY ONLY PROVIDE THE SERVICES AUTHORIZED IN THEIR LETTERS PATENT.
BACKGROUND • IMPROVEMENT DISTRICTS VARY CONSIDERABLY IN SIZE…SOME AS SMALL AS TEN LANDOWNERS TO SOME AS LARGE AS THOUSANDS OF LANDOWNERS. • THE FIRST IMPROVEMENT DISTRICTS WERE CREATED IN THE 1920S TO PUBLICLY MANAGE SEVERAL LARGE IRRIGATION SYSTEMS IN THE OKANAGAN VALLEY THAT WERE IN DANGER OF GOING BANKRUPT. • AT THE TIME, IMPROVEMENT DISTRICTS FILLED A SERVICE GAP PROVIDING SOME BASIC LOCAL SERVICES (MOSTLY WATER) IN AREAS OUTSIDE OF MUNICIPALITIES. • IMPROVEMENT DISTRICTS WERE GRADUALLY GIVEN MORE RESPONSIBILITIES FOR SERVICES OTHER THAN WATER SUCH AS FIRE PROTECTION IN 1945. https://www2.gov.bc.ca/gov/content/governments/local-governments/improvement-districts-governance-bodies/improvement-districts/history-powers
CREATION OF REGIONAL DISTRICTS BACK IN THE 1960'S, REGIONAL DISTRICTS WERE CREATED AND PROVIDED ANOTHER MORE FLEXIBLE OPTION FOR SERVICE DELIVERY IN RURAL AREAS. BY THAT TIME THERE WERE MORE THAN 300 IMPROVEMENT DISTRICTS PROVIDING A VARIETY OF SERVICES (E.G. SIDEWALKS, STREETLIGHTS) TO LANDOWNERS ACROSS THE PROVINCE. LEGISLATION ENABLING THE CREATION OF REGIONAL DISTRICTS WAS INTRODUCED IN 1965 AND ORIGINALLY BASED ON SCHOOL DISTRICT BOUNDARIES.
ORIGINAL PURPOSES REGIONAL DISTRICTS WERE ORIGINALLY CREATED FOR THREE PURPOSES: 1. TO PROVIDE SERVICES TO THE ENTIRE REGION; 2. TO PROVIDE A FRAMEWORK FOR INTER-MUNICIPAL SERVICE DELIVERY; AND 3. TO PROVIDE GENERAL LOCAL GOVERNANCE FOR AREAS OUTSIDE MUNICIPAL BOUNDARIES. IN THE LATTER ROLE, REGIONAL DISTRICTS WERE IN DIRECT COMPETITION WITH ALREADY EXISTING IMPROVEMENT DISTRICTS.
GRADUAL CHANGE IN ROLES WHILE IMPROVEMENT DISTRICTS HAVE A LONG HISTORY AND BEFORE THE ADVENT OF REGIONAL DISTRICTS, THEY WERE THE PREDOMINANT FORM OF LOCAL GOVERNANCE AND SERVICE DELIVERY IN RURAL AREAS OF THE PROVINCE. HOWEVER, OVER TIME, IMPROVEMENT DISTRICTS BEGAN TO LOSE THEIR PREDOMINANT ROLE AS THE VEHICLE FOR THE DELIVERY OF LOCAL SERVICES IN RURAL AREAS. THE ROLE OF IMPROVEMENT DISTRICTS HAS RECEDED SINCE THE CREATION OF REGIONAL DISTRICTS AND THEIR BROAD ROLES IN PROVIDING: 1. GENERAL GOVERNMENT FOR ELECTORAL AREAS; 2. LAND USE PLANNING AND ASSOCIATED REGULATORY SERVICES; AND 3. LOCAL SERVICES LIKE WATER AND FIRE PROTECTION. https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/local-governments/governance-powers/improvement_district_governance_policy.pdf
LEGISLATION • IN 1967, THROUGH THE ADOPTION OF THE HOSPITALS DISTRICTS ACT , RESPONSIBILITY FOR REGIONAL HOSPITAL CAPITAL FINANCING WAS TRANSFERRED FROM IMPROVEMENT DISTRICTS TO REGIONAL DISTRICTS. • THE REGIONAL DISTRICT SYSTEM HAS GROWN OVER TIME. THE FIRST COMPREHENSIVE REVIEW OF REGIONAL DISTRICT DEVELOPMENT WAS IN 1979. • FROM 1983 TO 1986, A SECOND REVIEW WAS UNDERTAKEN AND IN 1989 A COMPREHENSIVE REWRITE OF THE REGIONAL DISTRICT PART OF THE MUNICIPAL ACT WAS ENACTED. • THE LOCAL GOVERNMENT ACT IS WHAT WE HAVE TODAY AND THE CURRENT B.C. POLICY REMAINS IN THAT THEY WOULD LIKE TO SEE ALL SERVICES UNDER IMPROVEMENT DISTRICTS VOLUNTARILY TRANSFER TO REGIONAL DISTRICTS AND DISSOLUTION OF IMPROVEMENT DISTRICTS.
IMPROVEMENT DISTRICTS ARE BEING PHASED OUT BECAUSE OF THE B.C. GOVERNMENT POLICY, THE LAST IMPROVEMENT DISTRICT WAS INCORPORATED IN 1995 AND OVER THE YEARS, MANY IMPROVEMENT DISTRICTS HAVE EITHER INCORPORATED AS MUNICIPALITIES (THE LARGER DISTRICTS) OR HAVE TRANSFERRED PROVISION OF THEIR SERVICES TO MUNICIPALITIES OR REGIONAL DISTRICTS. THIS PROCESS IS CALLED "CONVERSION.”
MINISTRY STRATEGY FOR MANAGING IMPROVEMENT DISTRICTS 6.1 OVERALL VISION FOR IMPROVEMENT DISTRICTS THE MINISTRY RECOGNIZES THAT MUNICIPALITIES AND REGIONAL DISTRICTS ARE, AND WILL CONTINUE TO BE, THE PRIMARY COMPONENTS OF THE LOCAL GOVERNMENT SYSTEM IN THE PROVINCE. THE MINISTRY EXPECTS THAT IMPROVEMENT DISTRICTS WILL, OVER TIME, BE CONVERTED TO MUNICIPAL OR REGIONAL DISTRICT JURISDICTION AND AT SOME POINT IN TIME ALL IMPROVEMENT DISTRICTS WILL BE UNDER MUNICIPAL OR REGIONAL DISTRICT JURISDICTION. HOWEVER, IT IS RECOGNIZED THAT IMPROVEMENT DISTRICTS WILL HAVE AN IMPORTANT ROLE TO PLAY IN PROVIDING LOCAL SERVICES TO RURAL AREAS FOR SOME TIME AND THE PROCESS OF CHANGE WILL LARGELY BE VOLUNTARY. ~ POLICY STATEMENT IN 2006
PROVINCIAL POLICIES THE B.C. PROVINCIAL GOVERNMENT ENCOURAGES EXISTING IMPROVEMENT DISTRICTS TO BUILD POSITIVE RELATIONS WITH THE LOCAL GOVERNMENTS IN THEIR AREA AND TO CONSIDER WHETHER THEIR SERVICES COULD BE BETTER PROVIDED BY A LOCAL GOVERNMENT . *THE POLICIES OF THE B.C. GOVERNMENT REGARDING IMPROVEMENT DISTRICTS HAVE BEEN CHALLANGED BUT REMAIN UNCHANGED.
LOCAL GOVERNMENTS SINCE THE 1960S, REGIONAL DISTRICTS HAVE CONTINUED TO EVOLVE. AS LOCAL GOVERNMENTS , REGIONAL DISTRICTS ARE NOW THE MOST EFFECTIVE WAY OF PROVIDING BROAD EXPANDED RURAL AREA SERVICES. REGIONAL DISTRICTS ARE NOT LIMITED TO SPECIFIC SERVICES IN THEIR LETTERS PATENT; PROVIDE BOTH LAND USE AND SERVICE DECISION- MAKING UNDER ONE BODY; HAVE BROADER ADMINISTRATIVE AND FINANCIAL TOOLS FOR SERVICE MANAGEMENT; ARE GOVERNED BY OFFICIALS ELECTED DIRECTLY OR INDIRECTLY BY ELECTORS, NOT JUST LANDOWNERS; CAN BORROW AT LOWER INTEREST THROUGH THE MUNICIPAL FINANCE AUTHORITY; AND ARE ELIGIBLE FOR PROVINCIAL AND FEDERAL GRANTS. https://www2.gov.bc.ca/gov/content/governments/local-governments/improvement-districts-governance-bodies/improvement-districts/history-powers
WHY CONSIDER WHETHER OUR SERVICES COULD BE BETTER PROVIDED BY A LOCAL GOVERNMENT? “WHEN AN IMPROVEMENT DISTRICT CEASES TO MEET THE NEEDS OF ITS LANDOWNERS FOR ANY REASON , IT MAY BE ELIMINATED IN ONE OF TWO WAYS -- BY CONVERSION OR BY DISSOLUTION.” 1. ‘CONVERSION’ IS WHEN THE SERVICES ARE STILL VIABLE BUT MAY BE PROVIDED BY THE LOCAL GOVERNMENT ; OR 2. ‘DISSOLUTION’ IS WHEN THE SERVICES ARE NO LONGER VIABLE.
REASONS A COMMUNITY MAY LOOK AT CONVERSION THERE ARE MANY REASONS WHY LANDOWNERS AND TRUSTEES OF AN IMPROVEMENT DISTRICT MAY WISH TO CONSIDER LOOKING AT CONVERSION. TYPICAL ISSUES INCLUDE THE FOLLOWING: 1. LONG STANDING GOVERNMENT POLICY REMAINS PRO-CONVERSION 2. LACK OF ACCESS TO LOCAL GOVERNMENT SERVICES & RESOURCES (IE LAND USE PLANNING, GRANTS, ETC) 3. LACK OF (OR RETENTION OF) VOLUNTEERS AND/OR LACK OF COMMUNITY SUPPORT 4. ACCOUNTABILITY, NON-COMPLIANCE AND/OR LIABILITY CONCERNS 5. AGING & SUBSTANDARD INFRASTRUCTURE
CONVERSION REASON #1 MINISTERIAL POLICY MANY IMPROVEMENT DISTRICTS FACE LACK OF CAPACITY AND RESOURCES TO MANAGE THE EVER INCREASING STANDARDS AND ACCOUNTABILITY REQUIREMENTS TO SUSTAINABLY OFFER SERVICES OVER THE LONG TERM. ADDING TO THIS STRUGGLE IS THE VERY LONG STANDING POLICY OF THE B.C. GOVERNMENT THAT IMPROVEMENT DISTRICTS SHOULD VOLUNTARILITY CONVERT. THE B.C. GOVERNMENT GENERALLY SUPPORTS IMPROVEMENT DISTRICT CONVERSIONS WHERE THERE IS EVIDENCE OF SUPPORT FROM THE LANDOWNERS, BOARD OF TRUSTEES, AND THE LOCAL GOVERNMENT THAT WILL TAKE ON THE SERVICES.
MINISTRY REMAINS COMMITTED TO CONVERSION POLICY THE MINISTRY IS FIRM ON IT’S CONVERSION POLICY (RECENT LETTER FROM ASSISTANT DEPUTY MINISTER, LOCAL GOVERNMENT DIVISION) PROVISION OF DRINKING WATER TO CITIZENS, IN THIS SITUATION, IS THE RESPONSIBILITY OF THE IMPROVEMENT DISTRICT, AND CONSEQUENTLY DECISIONS AROUND THE PRIORITIZATION OF WORK AND THE DETAILS OF PUBLIC SYSTEMS UPGRADES ARE ALSO SOLIDLY IN THE IMPROVEMENT DISTRICT MANDATE. THE MINISTRY REMAINS COMMITTED TO ITS CONVERSION POLICY AND EXPECTS BOTH REGIONAL DISTRICTS AND IMPROVEMENT DISTRICTS TO ENGAGE IN DISCUSSIONS CONCERNING EFFICIENT AND EFFECTIVE GOVERNANCE FOR DELIVERY OF CRITICAL SERVICES, SUCH AS WATER, TO ITS CITIZENS. ONE OF THE BENEFITS OF A CONVERSION IS THE ABILITY TO REQUEST FUNDING UNDER CAPITAL INFRASTRUCTURE PROGRAMS. THE POLICY HAS RESULTED IN THE VOLUNTARY DISSOLUTION OF IMPROVEMENT DISTRICTS; FROM THE PEAK OF 327 IMPROVEMENT DISTRICTS TO THE CURRENT NUMBER OF 204. SOURCE: LETTER DATED MARCH 20, 2019 FROM TARA FAGANELLO, ASSISTANT DEPUTY MINISTER, LOCAL GOVERNMENT DIVISION
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