Municipal & Treaty First Nation Consent for Regional District Services
Municipalities and Treaty First Nations may provide consent on behalf of their electors as participating area approval for a regional district service or loan authorization.
Consent is obtained if the municipal council or Treaty First Nation governing body passes a resolution to adopt the proposed bylaw and notifies the regional district board of its consent.
Municipalities and Treaty First Nations that are participants in a regional district service or loan have the option to consent on behalf of the electors to establish or amend the service or authorize the loan.
While the legislation only specifies municipal consent, where a final agreement provides for the membership of a Treaty First Nation in a regional district, the Treaty First Nation director is treated the same as a municipal director and the provisions that apply to municipalities generally also apply to Treaty First Nations.
Municipal and Treaty First Nation consent for regional district services or loan authorization can only be used as a form of participating area approval if the service or loan is for the whole municipality or whole Treaty First Nation.
If the service or loan is for only a portion of a municipality or Treaty First Nation, then assent voting or the alternative approval process (if applicable) is required to obtain participating area approval.
To consent, the municipal council or Treaty First Nation governing body must pass a resolution agreeing to the adoption of the bylaw. Once consent is obtained, the council or Treaty First Nation governing body must notify the regional district board of its decision (typically through a letter).