Terms & Concepts in the Community Charter: Dispute Resolution
Part 9, Division 3 deals specifically with the resolution
of disputes between or among local governments, local governments and the provincial
government, and local governments and provincial crown corporations.
"Dispute resolution officers" are featured in the legislation. Any
party to an inter-governmental dispute may apply to a dispute resolution
officer for assistance in resolving the dispute. The officer,
designated by the minister, is mandated to help the parties resolve
the matter by any process the officer considers appropriate,
including by referring the matter to mediation and other non-binding
resolution processes. If the parties agree, the officer must direct
the dispute to binding arbitration through a process of final
proposal arbitration, or full arbitration. These processes, which
are similar to those used under Part 25 (Regional Growth Strategies)
and Part 24 (regional district service withdrawal) of the Local
Government Act, are outlined in Division 3.
Certain disputes, between or among local governments specifically, must be settled using one of the binding arbitration methods in the event that non-binding methods are tried and found to be unsuccessful. Disputes that are subject to mandatory binding arbitration include those that relate to:
A list of persons who may be used as arbitrators for disputes is prepared by
the minister after consultation with the Union of British Columbia
Division 3, it should be noted, applies to the City of Vancouver.
Please direct questions or comments to
Advisory Services Branch.