BRF - Ministerial Order #192 and Bill 19

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Islands Trust Briefing Page 1 
 
 
 
 
BRIEFING 
 
 
To: Executive Committee  For the Meeting of: July 8, 2020 
     
From: CAO  Date Prepared: July 2, 2020 
     
SUBJECT:
  
Ministerial Order #192 and Bill 19 and the implications for public meetings, hearings and 
bylaws for the Islands Trust 
 
 
PURPOSE: To provide information on Ministerial Order #192 and the recent reading of Bill 19 in the 
provincial legislature, and how they affect public meetings, hearings and bylaws of the Islands Trust. 
 
BACKGROUND:  
There are three interrelated senior government orders or pieces of legislation that affect operation of 
Local Trust Committee (LTC), Council, Council Committees, and Islands Trust Conservancy meetings at 
the Islands Trust: 
1) Ministerial Order 139- May 1, 2020.  This order was provided under the Provincial State of 
Emergency by Minister Farnsworth and in general it provides local governments and the Islands 
Trust the ability to hold meetings without the public present, to pass bylaws in one sitting, to 
hold electronic meetings and to hold public hearings electronically.  This order has been the 
subject of previous reporting to Executive Committee (EC) and Trust Council and has been the 
primary order that we have operated under over the last two months. 
 
2) Ministerial Order 192 – June 17, 2020.  This order replaces Ministerial Order 139 and reflects 
the Provincial Government’s Restart Plan associated with the COVID 19 Pandemic.  It repeals 
and replaces MO 139 and moves local governments towards normal operations with public 
meetings and passage of bylaws.  It requires local governments to undertake ‘best efforts’ to 
meet the legislative requirements for open meetings so the public can participate, including in 
person meetings.  However, it recognizes the potential limitations imposed by the current 
pandemic and requires that a local government, if it cannot provide access to a meeting by the 
public, will need to pass a resolution providing a rationale for the exclusion.  The resolution must 
include: 
 
a. The basis for holding the meeting without members of the public in attendance,  
b. The means by which the council or body is ensuring openness, transparency, 
accessibility and accountability in respect of the meeting. 
 
Also, bylaws, excepting financial bylaws, can no longer be approved in one sitting of Council. 
Regional Districts and the islands Trust have been specifically removed from having the ability to 
pass final reading on the same day as 3
rd
 reading. 
In late June, the Provincial Ombudsperson released a report that found that MO 098 (not related nor 
described in this report) and MO 139, made by Minister Farnsworth, Minister of Public Safety and the 
Solicitor General, went beyond the authority assigned to him under the Emergency Program Act and are 
contrary to law.  The government was provided a recommendation by the Ombudsperson to enact 
legislation as soon as possible to validate the orders.  Su

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