Administrative Order 2019-007-ADM — Respecting Public Disclosure of Municipal Grants — full text

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ADMINISTRATIVE ORDER 2019-007-ADM RESPECTING PUBLIC DISCLOSURE OF MUNICIPAL GRANTS BE IT ENACTED by the Council of the Halifax Regional Municipality, under the authority of the Halifax Regional Municipality Charter, 2008 S.N.S. c.39, as amended, as follows Short Title 1. This Administrative Order may be cited as Administrative Order 2019-007-ADM the Grants Reporting Administrative Order. Interpretation 2. In this Administrative Order: (a) "Area Rate" means an additional tax rate on the assessment value of taxable property or occupancy assessments within a defined catchment area pursuant to Section 96(2) of the HRM Charter; (b) "Council" means the Council of the Municipality; (c) "Contribution Agreement" means an agreement setting out the terms and conditions attached to a Municipal Contribution or Municipal Grant issued by HRM to a third party towards a capital or operating expenditure. Such contracts may include the provision of specific benefits to the Municipality; (d) "Fiscal Year" means the period of time from April 1st of a given calendar year up to and including March 31st of the following calendar year; (e) "Government" means the Government of Canada, Government of the Province of Nova Scotia, a corporation that is an agent of Her Majesty in Right of Canada or the Province, a First Nation, the Municipality and a service commission; (f) "Municipal Grant" means any of the following or a combination thereof: (i) a transfer of money to an organization or private property owner under a formal municipal grant program with established eligibility criteria; (ii) a transfer of money to an organization pursuant to a motion of the Council outside an established municipal grant program that may be subject to a Contribution Agreement but shall exclude a Joint Use Agreement or Service Agreement; (iii) a discretionary reduction or exemption from real property tax awarded to a registered non- profit organization or registered Canadian charity pursuant to a municipal tax grant program; or (iv) disbursements from funds held in trust by the Municipality expended on non-municipal assets, programs or services; (g) "Municipal Contribution" means any of the following or a combination thereof: (i) payment of operating expenses by the Municipality on behalf of a third party that is not under contract to the Municipality for the provision of a municipal program or service; (ii) revenue foregone by the Municipality in the sale or conveyance of surplus real property at less than market value, and any municipal expenditures not recovered from the Purchaser pursuant to Schedule 2 of Administrative Order 50; (h) "Material Error" means an omission, false or misleading information, or an appeal that could affect understanding, representation or a decision; (i) "Private Property" means title to the real property or infrastructure not owned by the Municipality and/or public access may be restricted by membership; (j) "Joint Use Agreement" means agreements between HRM and the Halifax Regional Centre for Education or Conseil Scolaire Acadien authorized under Section 79 and 80 of the Education Act that establish a framework for cost-sharing the construction, maintenance and use of community facilities located upon or within school property; (k) "Service Agreement" means agreements under which a third party provides a service to the public that HRM is authorized to provide; and (l) "Uniform Charge" means Council has levied a uniform charge on each taxable property assessment or dwelling unit within a defined catchment area pursuant to Section 96(4) of the HRM Charter. Purpose 3. This policy establishes standards of practice in the identification, collection and public notification of grants, contributions, and specific financial concessions provided by the Municipality. Reporting Threshold 4. Every Municipal Grant or Municipal Contribution in the amount of $500.00 or above shall be reported to the public in accordance with this Administrative Order. Reporting Format and Content 5. Departmental staff shall make every effort to provide information in a consistent format for ease of reference, utility and comprehension by the public using a reporting format and guidelines prescribed by the Municipality's Chief Financial Officer. 6. The total dollar amount of the donation, Municipal Grant, Municipal Contribution, or financial concession including any applicable currency exchange, shall be reported for the year in which approved. Reporting Frequency 7. The report of Municipal Grants and Municipal Contributions shall be published annually at the same time as the Municipality's annual financial statements. Dissemination of Information 8. Reporting shall be made available on the Municipal website. Compliance Monitoring 9. The Department of Finance shall be responsible for monitoring compliance with this Administrative Order and any amendments to policy. 10. Nothing in this Administrative Order shall be interpreted to limit or otherwise prescribe Council's general discretion to provide grants under the Halifax Regional Municipality Charter or otherwise. Done and passed in Council this 1st day of September, 2020. _______________________________ Mayor Mike Savage ______________________________ Phoebe Rai, Acting Municipal Clerk I, Phoebe Rai, Acting Municipal Clerk of the Halifax Regional Municipality, hereby certify that the above noted Administrative Order was passed at a meeting of the Halifax Regional Council held on September 1, 2020. _______________________________ Phoebe Rai, Acting Municipal Clerk Notice of Motion: August 18, 2020 Approval: September 1, 2020