Information for New Municipal Council Members

Municipal council derives its authority from The Cities Act, The Municipalities Act and The Northern Municipalities Act, 2010.

Council’s main role is to provide leadership and to make policy.

Council establishes policies about what essential core services to provide, how those services will be delivered, and at what levels, such as:

• roads and transportation
• water treatment and sewer facilities
• snow and garbage removal
• recreation facilities and programs
• land use planning and economic development
• building code regulations
• crime prevention
• fire prevention
• animal control
• emergency planning

You will rely on the support, advice and assistance of administration during the decision-making process. Once decided, administration is responsible for implementing the policies.

Council's Powers

Municipalities have "natural person" powers (with some limitations) and governmental powers (which are those specifically authorized by legislation).

Natural person powers mean that a municipality has the same privileges as an ordinary citizen and can take actions not explicitly set out in legislation. Examples of such powers may include entering into contracts, hiring staff and acquiring property. These examples may have limitations such as road maintenance agreements.

Governmental powers are required by legislation that only council has the authority to enact. Examples of such powers are taxation and bylaws. Saskatchewan's municipal legislation is available through the Publication Centre and is separated into The Cities Act, The Municipalities Act and The Northern Municipalities Act, 2010.

The laws made at a municipal level are called bylaws. Actions of council are not effective unless authorized or adopted by bylaw or resolution at an official public meeting.

The administrator ensures council's policies are carried out while administration (i.e., municipal employees) looks after day-to-day operations. The administrator also provides notice of council and committee meetings to members of council and the public.

One of the most important aspects of good municipal governance is an effective working relationship between council and the administrator. He or she should keep council informed and up-to-date on current and pending issues. The experience and knowledge of the administrator and staff may enable you as a council member to do your job more efficiently.

You must take an Oath of Office before assuming any powers, duties or functions as a council member. The Oath of Office is the official declaration or promise that you:

• Are qualified to hold office;
• Promise to perform the duties of your office;
• Have read, understood and will observe the council's Code of Ethics and other rules of conduct and procedures;
• Are not receiving payment or reward for the exercise of your office or for corrupt practices; and
• Will disclose any conflict of interest.

Within 30 days of being elected, you must complete and sign a Public Disclosure Statement. This statement identifies your employer, and lists any land holdings or business interests and contracts you may have. You must update the Public Disclosure Statement yearly using the Public Disclosure Statement Annual Declaration Form. This form is due to your municipal administrator by November 30 every year. Amendments to the Public Disclosure Statement can be made at any time using the Public Disclosure Statement Amendment Form.

Your Oath of Office and Public Disclosure Statement documents are accessible by the public.

Being elected to your local council requires a time commitment on your part. You should plan to attend the following:

• Conferences, seminars, workshops, and conventions for training and discussion;
• Events that promote or represent your municipality;
• Regular and special council meetings;
• Meetings of council committees; and
• Meetings of other boards and agencies as a representative of council.

All council decisions must be made at a meeting that is open to the public with a majority of council members present. Anyone can attend these meetings and cannot be expelled except for improper conduct. During these meetings, it is important for you to listen to the other members on council and collectively reach decisions that are in the best interest of your municipality. Individual council members – including the mayor or reeve – do not have the authority to commit the municipality to any expenditure or independently direct the activities of municipal employees.

In addition to performing the duties of a councillor, mayors and reeves have the following responsibilities as set out in section 93 of The Municipalities Act, section 66 of The Cities Act, and section 107 of The Northern Municipalities Act:

• To preside when attending council meetings unless on the municipal Acts or a bylaw of council provides that another councillor is to preside; and
• To perform any other duty imposed on a mayor or reeve by this or any other Act, local bylaw or resolution.

A mayor or reeve may also be required to:

• Sign all bylaws of the municipality, along with the administrator;
• Sign the securities, along with the administrator, unless another person has been designated to do so;
• Request the administrator call a special meeting;
• Call a public meeting when authorized to do so by council resolution, or within 30 days after council receives a signed petition that requests a public meeting to discuss a municipal matter; and
• Appoint a person as an acting member of the board of revision (if needed).

A conflict of interest occurs when an elected official's private interests, or a closely connected person's interests may, or may appear to, be affected by a council decision. A financial interest is always a conflict of interest.

Review these online resources about conflict of interest and how to determine if a conflict of interest exists.

If you think you may have a conflict of interest, you must declare the nature and material details of the interest before any discussion occurs. You must leave council chambers and not vote or discuss the matter with other council members before, during or after the matter is being considered or decided.

Citizens correspond with council or municipal administration on a variety of issues. Some of these issues, such as bylaw enforcement, may contain personal information about citizens. There is legislation in place that requires municipalities to protect personal information of citizens, employees and others, as well as ensure this information is not routinely or widely shared.

The Local Authority Freedom of Information and Protection of Privacy Act (also referred to as LAFOIP) is an Act respecting a right of access to a local authority's documents and a right of privacy with respect to personal information held by a local authority. A municipality may only collect, use and disclose personal information that is authorized under this legislation.

Under LAFOIP, the mayor or reeve makes all decisions and takes all actions concerning the release of information under this Act, unless this authority has been delegated to a municipal employee.

Section 117 of The Municipalities Act outlines what documents the public has the authority to obtain and inspect from the municipal office, without the need to file a request under LAFOIP.

If a citizen is not satisfied with how their municipality dealt with a complaint about a decision or action, the matter can be raised with Ombudsman Saskatchewan.

The role of the Ombudsman is to promote and protect fairness in the design and delivery of government services. The Ombudsman has authority to investigate complaints relating to administrative actions of the municipality or a municipal employee. After an investigation, the Ombudsman can make recommendations to the municipal council if the findings indicate the municipality:

• Made a decision or acted in a way that is contrary to law, unreasonable, unjust, oppressive, improperly discriminatory or based on a mistake of law or fact;
• Exercised a statutory power, duty or function for an improper purpose, on irrelevant grounds, or by taking into account irrelevant considerations; or
• Should have given reasons for a decision or action.