PARCS UPDATE #217

A Special Newsletter for RMs and OHs- November 22, 2022

You will find a copy of this newslettter in the NEWSLETTER section on our website

https://www.skparcs.com

At our convention this October, Andrea Ulrich, (Director of Legislation and Regulations, Policy & Program Services Branch, Ministry of Government Relations) spoke about proposed amendments to regulations about the relationship between RMs and their OHs. At PARCS request, she has submitted the following article summarizing those proposed changes to be implemented in the upcoming year. Thank-you Andrea for providing this timely information!

The Ministry of Government Relations is considering amendments to the organized hamlet (OH) provisions within The Municipalities Regulations. The ministry is seeking feedback on the proposal outlined below.

 

In spring 2020, there were limited amendments to The Municipalities Act regarding OHs that allowed for future regulation amendments. In summer 2021, the ministry conducted three focus groups with OH board members, rural municipality (RM) councillors, and administrators. Feedback from these focus groups showed the diversity of how OHs currently operate, where consistency is needed, and their most common challenges.

 

The proposed new model aims to clarify who is responsible and accountable for which items in the relationship between RMs and OHs. Currently, the roles and responsibilities for RMs and their respective OHs are not clearly defined in regulations, which can lead to conflict and misunderstandings of the purpose of organized hamlets.

 

The proposed solution clearly defines the roles and responsibilities of OH boards and RM councils using:

  • A board-like structure, requiring the OH board to operate according to board policies.
  • Required RM policies regarding processes for OHs.
  • A written agreement between the OH board and the RM council.
  • An improved dispute resolution process, including mediation.
  • Conflict of interest requirements for OH board members.

 

Figure 1: An overview of the proposed regulatory framework.

 

The focus group identified that a one size fits all approach would not meet the needs of most OH-RM relationships, as they have diverse characteristics. The proposed model allows flexibility in meeting requirements while ensuring transparency and accountability for both the OH and RM. 

 

The blue box on the left of Figure 1 outlines the policies of the hamlet board. While the content of these policies can vary, each hamlet board needs to have, and follow, transparent policies and procedures in the identified areas, for the benefit of both OH residents and the RM.

 

The yellow box on the right of Figure 1 outlines the policies the RM must adopt. As with the hamlet board policies, the RM policies ensure that the hamlet board has clear expectations, and the processes are consistent and predictable. Even when the RM has the authority to make decisions and alter processes, doing so unilaterally and without notice can lead to strained relationships between council and the hamlet board. Therefore, RM policy would clearly establish the processes it will follow to introduce fairness, and council could then be held accountable for following them.

 

The green box in the middle of Figure 1 outlines where the responsibilities and authority overlap. These are the most reported sources of disagreement. The RM and the OH would work together to create, maintain, and review a written agreement. This agreement is intended to prevent future disagreements.

 

The grey box at the bottom of Figure 1 outlines what rules and procedures would be prescribed by the regulations. The regulations will include items where consistency is important and the public interest must be protected, such as rules for dispute resolution and conflicts of interest.

 

The desired outcomes of this proposed model include:

·      improving the relationships between OHs and RMs by clarifying responsibilities;

·      clarifying the roles of both the OH and the RM in governance and decision-making; and

·      high-functioning boards that are valued partners in responding to the unique needs of OH residents.

 

For more information, please consult the discussion paper distributed at the PARCS Convention on October 14, 2022.

 

The Ministry of Government Relations is seeking feedback from stakeholders on this proposed model. Your feedback is welcome and can be sent to regs@gov.sk.ca. If you are interested in reviewing detailed wording of the amendments once available, please send your contact information to the same email.

Contact: Chelsea Lehner, Senior Legislative Analyst, Regs@gov.sk.ca

REMINDER to Member Communities: Please register for our PARCS VIRTUAL ANNUAL MEETING this SATURDAY, Nov. 26, at 10:00 am. Just email your delegate's name & email address to parcs@sasktel.net. You will receive a package of information plus a link for the meeting. REGISTER TODAY.