Agreement - Trust Council and Ministry Municipal Affairs

Extracted text (beginning)

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AGREEMENT BETWEEN THE TRUST COUNCIL
AND THE MINISTRY OF MUNICIPAL AFFAIRS
ESTABLISHING A FRAMEWORK FOR INCORPORATION

OF MUNICIPALITIES WITHIN THE TRUST AREA

Prepared by:

Ministry of Municipal Affairs
Province of British Columbia

February 20, 1996

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WHEREAS the Ministry of Municipal Affairs (the Ministry) and the Islands Trust Council (the

Trust) wish to establish a framework for the incorporation of Island Municipalities within the
Trust Area;

AND WHEREAS the Ministry and the Trust acknowledge that the residents of an island are
entitled to make a decision on incorporation on the basis of objective information and with a

clear understanding of the implications of municipal status in relation to the mandate of the
Trust;

AND WHEREAS the Ministry recognizes that the incorporation of an Island Municipality

requires further definition, within the context of the provisions of the Islands Trust Act and the
mandate of the Trust;

NOW THEREFORE the Ministry and the Trust agree to the following:

PART 1 - OBLIGATIONS OF THE MINISTRY

Restructure Process

1. The ministry is responsible for overseeing the process of creating a broadly
representative Restructure Study Committee (the Committee).

2. The local trustees must be invited to participate in the creation of the Committee,
and will (with the regional district electoral area director) be ex-officio members
of the Committee.

3. The role of the Committee will be to:

e oversee the preparation of the restructure study;

* prepare terms of reference for the study, carry out a proposal call and select
a consultant to undertake the study;

* manage the study process in a neutral and objective way;
* mange the restructure study grant, which will be awarded to the regional
district, or perhaps the Trust, if the former is not practical:

* act as the liaison with the ministry regarding the offer of restructure
assistance and other conditions of incorporation;

* make recommendations to the Minister about holding an incorporation vote;
and

* advise on the development of draft Letters Patent.

2

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The Trust and the Committee will be provided with an opportunity to review draft
Letters Patent: :

a) before the incorporation vote ; and: .
b) after a successful incorporation vote and prior to submission to Cabinet.

Trust Council and the local trust committee will be invited to the inaugural
meeting of the council of the Island municipality.

Political Representation

1.

The Letters Patent for an Island municipality will, unless otherwise agreed to by
a Committee and the Trust Executive Committee, provide for the trustees and
the Island municipality to be elected by the “double-direct” method, with details
to be described in the Letters Patent of the Island municipality.

The ministry will consult with the Trust on the boundaries of an Island
municipality and the boundaries of the local trust committee before developing
and finalizing Letters Patent for the Island municipa

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