A Governance Minute: Legislation and the Municipality
 

Municipalities are often described as “creatures of province”; the only powers that they have are those set out in provincial legislation and those implied or necessarily incidental to them.  If a council member does not have a grasp of the basics, they will not understand what the municipality can, cannot, must and must not do.  Although members of council can rely on the CAO to provide information on the legislated requirements of the MGA, it is recommended that all members of council have a brief read through the legislation to understand why we are doing what we are doing.
The Municipal Government Act (MGA) is the most important Act a councillor should be familiar with.  It lays the foundation for how municipalities operate, how municipal councils function, and how citizens can work with their municipalities.  The MGA is the legislative framework in which all municipalities across the Province of Nova Scotia operate.
The Freedom of Information and Protection of Privacy (FOIP) Act provides the Government of Nova Scotia’s general policy on access to information and the protection of personal information in the public sector.  It provides for public accountability through a right of access to records under the control of public bodies and mandates how a public body is to collect, use and disclose an individual’s personal information.
These are the two most important pieces of legislation that apply to municipalities.  Understanding the relationships, roles and the responsibilities of an elected official and the associated limitations, is critical to our success as municipal councillors.  Whether newly elected or a returning official, members of council should take every opportunity to learn about their municipality; key issues and legislation affecting the community; and governing processes and procedures.  The conferences held throughout the year provide invaluable information and networking opportunities and are an excellent way to obtain the information to serve effectively.