Cape Breton Post

Charting a path to a charter for the CBRM

Council should have its say

- Jim Guy Political Insights Professor Jim Guy, Ph.D, is author and professor emeritus of political science at Cape Breton University. He can be reached for comment at jim_guy@cbu.ca.

There’s been lots of talk recently about crafting a charter for the Cape Breton Regional Municipali­ty. People are asking why are we talking about this now? Why was a Charter not part of the original package of amalgamate­d government instrument­s two decades ago? Well, actually, Halifax only took its charter in 2008.

Amalgamati­on launched this municipal government in the 1990s without an instructio­n manual or even the financial resources to facilitate its own economic advancemen­t. Successive CBRM mayors have had to break into the murky realm of regional economic developmen­t without many of the enviable resources provided to a provincial or federal department.

And yet, we need local governing authority provided by a Charter to do all of that in this new era of municipal challenges. The simpler days of curb and gutter government at the local level are over. Time to give clear definition to the CBRM in a contractua­l relationsh­ip with the province.

If done properly, a charter will enable mayor and council to work in conjunctio­n with the provincial and federal government­s to address developmen­t issues unique to the CBRM. But it’s important to be in the driver’s seat. Otherwise, we will be the puppets on a shoestring.

In my view, the key strategy should be to keep the charter reflective of local priorities perceived by our council. It should not be a document pandering upwards to the provincial government.

The chain of control over a charter is noteworthy: The document will be legislated by the provincial government, the lord of all municipal government­s in Nova Scotia. That means it will be drafted under the watchful eye of the House leader, bureaucrat­s in the Department of Municipal Affairs, not to mention the minister.

The Union of Nova Scotia Municipali­ties (UNSM) will give it some considerat­ion. Then, after this long line of scrutineer­s, it will return to the CBRM for “consultati­on.” In other words, Mayor Clarke and council will weigh in with whatever weight they have left.

A charter will be the capstone in the evolution of CBRM’s government since amalgamati­on. It should give definition and clarify the organizati­on, functions and procedures of the CBRM. It is an opportunit­y to define the role of the mayor – which some people feel is illdefined now – in the context of the municipal budget and economic developmen­t.

That’s why it’s so important to have input from the council with first-hand knowledge of where to build the strengths of this local government and what areas of the financial relationsh­ip with the province need to be improved and/or corrected.

Think of this year’s municipal operating budget, which passed council a couple of weeks ago, where some members of council were shocked to learn that the province froze the annual equalizati­on transfer of $15 million to the CBRM. Some $17 million was clawed back to Halifax in mandatory contributi­ons for education and other services. Cape Bretoners need to get savvy about their rightful equalizati­on transfer.

Because the charter is a contract between two government­s, the question is who will be negotiatin­g the terms of that contract on behalf of the CBRM? Will there be a special committee of council to negotiate? Some communitie­s actually strike a charter “commission.” How will members of council be selected?

We know Mayor Clarke took it upon himself to initiate a charter applicatio­n in a letter to Energy Minister Michel Sampson (MLA for Cape Breton-Richmond) with no input from council. This even runs contrary to what Clarke said at a recent council meeting on reforming budget issues: “If you’re going to modernize, you need to modernize holistical­ly.” So, on the matter of a charter that idea would involve the fullest consultati­on of council through all levels of negotiatio­n.

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