Policy 2.4.4 Executive Committee Legislative Role
· Islands Trust Area · Policies · 1994
Original Trust document
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Topics: Governance & budget — our classification, not the Trust's.
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POLICY – 2.4.4 Executive Committee Legislative Role Page 1 Policy: 2.4.4 Approved By: Trust Council Approval Date: June 11, 1994 Amendment Date(s): June 13, 2008 Policy Holder: Chief Administrative Officer EXECUTIVE COMMITTEE LEGISLATIVE ROLE Purpose To summarize the Executive Committee's legislative role in relationship to local trust committees and island municipalities. A. Background Relevant Legislation The Executive Committee's general role within the organization of the Islands Trust as provided in the Islands Trust Act includes: "4. (3) The executive committee is intended to carry out the daily business of the trust, to review the activities of the local trust committees and to act as a local trust committee for the part of the trust area that is not within a local trust area or municipality". "21. (1) For the purpose of carrying out the object of the trust, the Executive Committee must: (a) consider bylaws submitted to it for approval under sections 27(1) and 38(1), (b) act as a local trust committee under section 23(5) for that part of the trust area that is not in a local trust area or a municipality, and (c) carry out other duties that the trust council directs." "22. (1) If a bylaw is submitted under section 27(1) or 38(1) for approval by the executive committee, the executive committee must (a) consider the bylaw, (b) either (i) approve the bylaw, (ii) return the bylaw to the local trust committee or municipal council, as the case may be, giving reasons for the return and directions as to changes to the bylaw that would be required for approval, or (iii) refuse the bylaw, giving reasons for the refusal, POLICY – 2.4.4 Executive Committee Legislative Role Page 2 (c) notify the local trust committee or municipal council, as the case may be, of its decision within one month from the date on which the secretary received the bylaw submitted under section 27(1) or 38(1), and (d) as soon as practicable after giving notice of its decision, deliver its decision in writing to the local trust committee or municipal council, including reasons and directions referred to in paragraph (b)(ii) and (iii). (2) If the Executive Committee does not give notice of its decision respecting approval of a bylaw within the time limit established by subsection (1)(c), it is deemed to have approved the bylaw." "27. (1) A local trust committee must, before adoption, submit its bylaws to the secretary for approval by the Executive Committee. (2) A bylaw of a local trust committee has no effect (a) in all cases, until it is approved by the Executive Committee or, if a request is made under subsection (3), by the Trust Council, and (b) in the case of a bylaw adopting or amending a community plan, until it is approved by the minister. (3) If the Executive Committee returns or refuses to approve a bylaw submitted to it under subsection (1), the local trust committee may, by request delivered to the
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