BC Ministry of Housing and Municipal Affairs proposes legislation affecting local elected officials

Written by: Kerri Crawford

2026-04-22Legal Updates

On April 2, 2026, the BC Ministry of Housing and Municipal Affairs proposed two bills affecting the rights and responsibilities of local elected officials:

Bill 18 – 2026: Housing and Municipal Affairs Statutes (Parental Leave) Amendment Act, 2026 (“Bill 18”):

Bill 18 proposes minimum parental leave standards for local elected officials. These changes are intended to support equity, and to help parents who have responsibilities related to birth or adoption to participate fully in local governance.

Currently, there is no statutory provision requiring a local government to approve leave in any circumstances, including in relation to pregnancy, birth or adoption. Many local governments throughout BC have enacted policies involving parental leave for elected officials. However, these are currently created at the discretion of local governments. They vary from one local government to the next, and often parental leave is addressed on a case-by-case basis, rather than by way of policy.

Recognizing that a lack of parental leave can be a barrier to those wishing to serve their communities as elected officials, the proposed legislation creates standards uniformly applicable to all local governments. The proposed amendments include an entitlement of up to 26 consecutive weeks of leave with flexible start date for pregnancy, birth or adoption, protection from disqualification, and continued remuneration during the period of leave at the discretion of the elected official. This entitlement is proposed for all municipal councils and regional districts within the province, as well as the Cultus Lake Park Board and the Islands Trust.

The proposed legislation involves amendments to the Community CharterLocal Government ActVancouver CharterIslands Trust Act, and Cultus Lake Park Act, in an effort to create consistent standards for mayors, councillors, regional district directors, Islands Trust trustees and Cultus Lake Park Board members.

Bill 17 – 2026: Housing and Municipal Affairs Statutes (Code of Conduct) Amendment Act (“Bill 17”):

Bill 17, if passed, would mandate a code of conduct for municipal and regional district elected officials, with the aim of standardizing the complaint, investigation and sanction processes related to allegations of misconduct. It would also allow for the imposition of disciplinary measures akin to those seen in employment relationships.

The focus of the proposed legislation is on greater accountability for elected officials across the province. To that end, Bill 17 involves standardization of not only the code of conduct to be followed by municipal and regional district elected officials, but also the complaint and investigation steps. Those steps are intended to be supported by independent investigators. The proposed legislation also involves a defined range of available sanctions, including a maximum 90-day suspension without pay, along with public reporting requirements.

Many local governments have created policies geared towards elected official misconduct. However, as with the issue of parental leave, the question of how best to address complaints is left to the discretion of local governments on an ad hoc basis. Under Section 113.1 of the Community Charter, there is a requirement for councils and boards to consider adopting a code of conduct within six months of their inaugural meeting following a general local election, yet no requirement to create or impose any such code of conduct, and no standardized complaint process or enforcement mechanisms.

The proposed legislation would involve amendments to the Community CharterLocal Government ActVancouver CharterIslands Trust Act, and Cultus Lake Park Act, in an effort to ensure standardization of the code of conduct requirements province-wide.

Local elected officials within the workplace:

In recent years, there has been increased attention on the role of elected officials within the greater context of a workplace. Local elected officials are not employees. They occupy a decision-making role and are bound by legal obligations to the communities they serve. At the same time, they function within a shared workplace, involving frequent interactions with administrative staff and others. 

Increasingly, local elected officials have been viewed as being integrated within a local government workplace. Along with this shift has come a focus on the possibility of legislative accountabilities and entitlements arising from local elected officials’ function within the workplace, which in many ways are employment-like. The apparent public interest in greater personal accountabilities and participatory rights for elected officials is a step towards recognizing that while local elected officials are not employees, they are subject to many rights and entitlements that ordinarily arise within day-to-day workplace interactions, such as respectful conduct and the ability to participate fully in their roles.

Bill 17 and Bill 18 are still in their early legislative stages. If passed, they will not only promote greater inclusivity and accountability for local elected officials, but will also underscore the complex interpersonal context in which local governance takes place, and the role of individual elected officials within a shared workplace.

If this proposed legislation is passed, local governments may wish to revisit their policies to ensure alignment with new legislative standards.

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