ARTICLE · 07 OCTOBER 2015

Municipal Process: Conflict Of Interest And Its Effect On Quorum

Norton Rose Fulbright Canada LLP

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Municipal Council members may not vote on or discuss a matter in which they have a conflict of interest.

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Norton Rose Fulbright Canada LLP

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Municipal Council members may not vote on or discuss a matter in which they have a conflict of interest. When more than one Council member has a conflict of interest in the same matter, Council may have insufficient members to constitute a quorum (i.e. majority needed to conduct business). A recent decision of the BC Supreme Court in Port Clements (Village) (Re), 2015 BCSC 1675 is instructive about how to proceed if that happens.

The Village of Port Clements is a small municipality of approximately 350 people. The Village received a rezoning application in connection with the construction of a barge facility (the "Development"), and Council voted on three readings of the proposed rezoning. No conflict of interest was disclosed during the process.

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