Comparison of Park Protection provided by the current (Local Government Act) legislation and the proposed Draft Community Charter
(By Corrie Kost – July 18/2002)
|
|
LOCAL GOVERNMENT ACT |
DRAFT COMMUNITY CHARTER |
|
PARK DEDICATION |
Majority
of Council + Referendum (#303) |
2/3 of Council – no
referendum required (ie. none allowed, opinions allowed) |
|
PARK UNDEDICATION |
Majority
of Council + Referendum (implied by #303) |
Majority
of Council + (Referendum(#30-3) OR
Counter-Petition Process #71-73) |
|
COUNTER-PETITION % |
5% |
10% |
|
COUNTER-PETITION PERIOD |
30
DAYS
(#172) |
30 DAYS |
|
PARK RESERVATION |
Majority
of Council |
Same
as for Dedication |
|
PARK UN-RESERVATION |
2/3
of Council + Counter-Petition Process #302 |
Same
as for Undedication |
Note:
The above “interpretation” is the opinion of the author who feels it is in line
with what a reasonably knowledgeable person would conclude about the current and proposed acts. The suggested
improvements to the Community Charter which would redress the weakening of park
protection are:
a)
Require
that Park undedications have support of 2/3 of Council and MUST go through a
referendum process – not just approval by the electorate - which allows for a
counter-petition process.
b)
That
the current counter-petition threshold of 5% be maintained. The 5% is supported
by the UBCM.