The “Cities, Towns and Villages Act R-017-2023,” enacted on April 25, 2023, is a regulatory directive specifically affecting the Town of Hay River. This order authorizes an exemption for a particular municipal bylaw from the standard procedural requirements outlined in the Cities, Towns and Villages Act (the Act). 

The Act establishes the framework for municipal governance and outlines the approval processes for various local government actions. Utilizing the authority granted under subsection 91(2) of the Act and other relevant provisions, this order modifies the usual regulatory procedures in a manner tailored to Hay River’s circumstances. The order is issued by the Minister in response to a formal request from the Hay River Town Council. The order involves granting a franchise for electric power provision within Hay River. 

Ordinarily, such a bylaw would require voter approval as mandated by subsection 91(1) of the Act. This subsection requires certain significant municipal decisions, particularly those with considerable financial or infrastructural implications, to be approved through a direct vote by the electorate, ensuring democratic oversight and public consent.

The exemption granted by this order permits the Town of Hay River to proceed without the need for a public vote. This exemption is notable as it circumvents the usual democratic process of voter approval, potentially accelerating the bylaw’s implementation to meet immediate needs or strategic objectives of the municipality.

The exemption from voter approval could have several implications for Hay River’s governance and administration. On the one hand, it enables the Town Council to advance the electric power franchise agreement more promptly, which could be crucial for timely infrastructure development or addressing urgent requirements. On the other hand, this procedural adjustment may raise concerns regarding transparency and public engagement in significant municipal decisions, as it bypasses the standard participatory process designed to reflect community will.

Source: Northwest Territories R-017-2023 April 25, 2024