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File #: RFD 12-128    Version: Name: Bylaw No. 24-2012 to Rescind Bylaws No Longer Required
Type: Request For Decision Status: Carried
File created: 6/14/2012 In control: Legislative Matters
On agenda: 10/9/2012 Final action: 10/9/2012
Title: Bylaw No. 24-2012 to Rescind Bylaws that are no Longer Required Proposed Motion(s) That Bylaw No. 24-2012 receive first reading. That Bylaw No. 24-2012 receive second reading. That Bylaw No. 24-2012 be presented at this meeting for third reading. That Bylaw No. 24-2012 receive third and final reading.
Attachments: 1. BYLAW 24-2012, 2. ACTIVE BYLAWS 2012

Title

Bylaw No. 24-2012 to Rescind Bylaws that are no Longer Required

 

Proposed Motion(s)

That Bylaw No. 24-2012 receive first reading.

That Bylaw No. 24-2012 receive second reading.

That Bylaw No. 24-2012 be presented at this meeting for third reading.

That Bylaw No. 24-2012 receive third and final reading.

 

Body

Administration Recommendation(s)

Administration supports the proposed motion.

 

Purpose

To have a list of all active bylaws that can be made available to Council, staff, and the public by means of the County's website.

 

Summary

Over the past number of years, an estimated 2100 bylaws dating back to 1942 have been reviewed.  With feedback from all departments, bylaws have been identified as either active or inactive.  Inactive bylaws are those that are inoperative, obsolete, expired, spent, or otherwise ineffective.  Inactive bylaws also include those that have been rescinded (by bylaw).  It is not required to formally rescind a bylaw if it merely "times out" or its specific, timely purpose has been completed.  Accordingly, many bylaws have been deemed as inactive by administration, such as those that have fulfilled the following purposes:

 

•        for specific agreements that have expired

•      for school purposes

•      assessment/tax rate bylaws for specific years

•      borrowing bylaws for which the amount borrowed has been paid

•      election bylaws for specific elections

•      one-time charitable grants

•      to employ or terminate employment of specific persons that are no longer with the County

•      machinery and equipment purchases

•      for construction projects that are complete

•      land consolidation bylaws

•      bylaws that have expired, and

•      bylaws that are for the purpose of rescinding other bylaws only.

 

Bylaws that did not appear to coincide with the above purposes have remained as active bylaws (to be further reviewed on an ongoing basis), or have been included in Bylaw No. 24-2012 for rescinding.  Bylaws to be rescinded include (but not limited to) those that:

•      have been replaced with another bylaw

•      are no longer enforceable due to new legislation or because of other bylaws that are active

•      are no longer required for their original purpose.

 

Bylaw No. 24-2012 was presented to the Governance and Priorities Committee on September 18, 2012, at which time the Committee approved the bylaw to be forwarded to Council for three readings.

 

Strategic Plan/Policy/Legal/Staff Implications

Council's Strategic Goal #1 regarding Governance is to ensure that Parkland County bylaws are current, relevant and enforced.  Bylaws are to be reviewed, at minimum, every three years.

 

Financial Impact:

Cost:   N/A

Source of Funding:  N/A