Regional District Delegation of Powers or Duties
Regional district boards have the authority to delegate aspects of their powers, duties and functions to individual directors, employees and bodies established by the board such as committees and commissions.
Matters for Delegation
Matters commonly delegated by regional district boards include the operation and maintenance of regional district services, the management of regional district property and the financial and administrative management of the organization. Delegated bodies may also be formed to advise on planning, development and other issues that affect the regional district.
The exercise of law making power, including the highest-order financial decisions that must be included in the annual financial plan and budget bylaw, cannot be delegated, but actions or decisions within the parameters set in bylaws are generally open to delegation. Hearings may only be delegated to one or more board directors. A number of other important decisions may not be delegated, including the appointment, suspension or termination of a regional district office. A regional district may not delegate powers to a corporation.
Reconsideration of Delegated Decisions
Regional district delegation may only be made with the consent of two-thirds of the votes cast by the board. Once a board has delegated a power, duty or function to a person or body, the delegate has the responsibility to act within the parameters that the board has set out. A board may not dispute or interfere with a delegate’s decision-making, but it may withdraw the delegation if it chooses to (and can do so by a simple majority vote).
In certain cases, regional district boards of directors may be required to or may establish a right for a person subject to the decision of a delegate to have that decision reconsidered by the board – for example, issuance of development permits by staff. Reconsideration should not be used to selectively remove or alter delegation authority once a decision to delegate has been made. On the other hand, if the delegated person or body is making important decision that will impact individuals or property rights, then an opportunity for reconsideration may be required to ensure fairness and political accountability.
Learn about regional district delegation best practices: