2000 Legislative Session: 4th Session, 36th Parliament
FOR REPORT


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as amended in Committee of the Whole on the 7th day of June, 1999
Ian D. Izard, Law Clerk


HONOURABLE CATHY McGREGOR
MINISTER OF MUNICIPAL AFFAIRS

BILL 14 2000

LOCAL GOVERNMENT
STATUTES AMENDMENT ACT, 2000

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 MUNICIPAL ACT AMENDMENTS

1 The title of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

LOCAL GOVERNMENT ACT .

2 Section 5 is amended

(a) by repealing the definition of "counter petition opportunity" and substituting the following:

"counter petition opportunity" means an opportunity for electors to petition against a proposed bylaw, action or other matter in accordance with Division 5 of Part 4 [Other Voting Counter Petition Opportunities]; ,

(b) by adding the following definition:

"establishing bylaw" means an establishing bylaw under section 517.1 [municipal] or 800 [regional district]; ,

(c) by adding the following definitions:

"local trust committee" means a local trust committee within the meaning of the Islands Trust Act;

"trust council" means the trust council within the meaning of the Islands Trust Act; ,

(d) by repealing the definition of "loan authorization bylaw" and substituting the following:

"loan authorization bylaw" means a loan authorization bylaw under section 335 [municipal] or 819 [regional district]; ,

(e) by adding the following definition:

"net taxable value" in relation to land or improvements, or both, means net taxable value of land or improvements, or both, as applicable, for regional hospital district purposes; ,

(f) by repealing the definition of "official community plan" and substituting the following:

"official community plan" means an official community plan adopted under section 876 [authority to adopt by bylaw]; ,

(g) by repealing paragraph (b) of the definition of "protected heritage property" and substituting the following:

(b) included under section 970.1 (3) (b) [heritage conservation areas] in a schedule to an official community plan, or ,

(h) by adding the following definition:

"rural land use bylaw" means a bylaw referred to in section 873.1; ,

(i) by repealing the definition of "security issuing bylaw" and substituting the following:

"security issuing bylaw" means a security issuing bylaw under section 335.3 [municipal] or 819 [regional district]; , and

(j) by repealing the definition of "service" and substituting the following:

"service" in relation to a municipality or regional district means

(a) activities, works or facilities undertaken or provided by or on behalf of the municipality or regional district, and

(b) the exercise of regulatory authority under Part 15 [Municipal Services], section 796.2 [general authorities in relation to services] or section 797 [Part 15 powers equivalent to municipalities]; .

3 Section 6.3 is repealed.

4 Section 6.4 (3) and (4) is repealed and the following substituted:

(3) The notice must be published in a newspaper that is distributed at least weekly

(a) in the area affected by the subject matter of the notice, and

(b) in the municipality or regional district for which the notice is to be given, if the affected area is not in that municipality or regional district.

(4) The obligation under subsection (3) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.

5 Section 6.5 is repealed and the following substituted:

Giving notice to local governments

6.5 If an enactment requires or permits

(a) notice to be given to a local government, municipality or regional district,

(b) a document to be served on a local government, municipality or regional district,

(c) a document to be filed with a local government, municipality or regional district, or

(d) a document to be delivered, sent, submitted or otherwise provided to a local government, municipality or regional district,

the notice, service, filing or provision is effected if the notice or document is, as applicable, given, served on, filed with or provided to the local government officer assigned responsibility under section 198 [corporate administration].

6 Section 6.7 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) Without limiting section 6.6 and despite any other provision of this Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in a local government Act;

(b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation amendments made to or by a local government Act;

(c) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing into operation amendments made to or by a local government Act, including regulations providing an exception to or a modification of a provision in a local government Act;

(d) resolving any errors, inconsistencies or ambiguities in a local government Act resulting from an amendment made to or by a local government Act.

(2) A regulation under subsection (1) may be made to apply to one, some, or all municipalities, regional districts or other bodies governed by a local government Act, any combination of them, or any part or parts of them. ,

(b) by adding the following subsection:

(5.1) In this section, "local government Act" means any of the following:

(a) this Act;

(b) the Greater Nanaimo Water District Act;

(c) the Greater Vancouver Sewerage and Drainage District Act;

(d) the Greater Vancouver Water District Act;

(e) the Islands Trust Act;

(f) the Municipal Finance Authority Act;

(g) the Vancouver Charter;

(h) an Act amending another local government Act. , and

(c) by repealing subsection (6) and substituting the following:

(6) This section is repealed on January 1, 2002.

7 Section 13 (3) (c) is repealed and the following substituted:

(c) provide

(i) that an official community plan for the municipality may include objectives and guidelines in addition to those established under section 919.1 (1) (f) [form and character of commercial, industrial and multi-family residential development], and

(ii) that section 920 (9) [restriction as to general character of development] does not apply with respect to that plan.

8 Section 44 is repealed and the following substituted:

Public notices

44 (1) If this Part requires notice to be given in accordance with this section, the notice must be given by publication in a newspaper, and for these purposes section 6.4 [how notices must be published in a newspaper] applies.

(2) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.

9 Section 51 (1) is amended by adding the following paragraph:

(e.1) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust; .

10 The heading to Part 4 is repealed and the following substituted:

Part 4 Other Voting and Counter Petitions .

11 Section 158 (1) (c) is repealed and the following substituted:

(c) voting on a referendum under section 245 [referendums to obtain electors' opinion] or 797.3 [referendums regarding regional district services].

12 Section 164 (3) is amended by adding the following paragraphs:

(d.1) the documents that will be required in order for a person to register as an elector at the time of voting;

(d.2) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting; .

13 Section 170 (1) is amended by striking out "At least 6 but not" and substituting "Not".

14 Section 171 is amended by adding the following subsection:

(1.1) As an exception to subsection (1), if general voting day for other voting is the general voting day for an election, the period for receiving applications

(a) may be established under subsection (1), and

(b) if it is not established under subsection (1), is the nomination period referred to in section 69.

15 The following Division is added in Part 4:

Division 5 Counter Petition Opportunities

Application

172.1 (1) This Division applies to counter petition opportunities required or authorized under this Act in relation to proposed local government bylaws, actions or other matters.

(2) If the proposed bylaw, action or other matter to which a counter petition opportunity relates is amended or otherwise changed after a notice under section 172.4 has been published, unless the inspector approves, the revised proposal must be considered a new proposal for the purposes of this Division.

Process choice for local governments

172.2 Despite any other provision of this Act, where this Act requires or authorizes a local government to provide a counter petition opportunity, the local government may instead seek the assent of electors.

Deadline for submitting counter petitions

172.3 (1) In relation to each counter petition opportunity, the local government must establish a deadline by which counter petitions in relation to the proposed bylaw, action or other matter must be submitted to the local government.

(2) A deadline established under subsection (1) must be such that it is at least 30 days after the second publication referred to in section 172.4 (1).

Notice of counter petition opportunity

172.4 (1) Notice of a counter petition opportunity must be published in accordance with section 44 in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established under section 172.3.

(2) A notice under subsection (1) must include the following:

(a) a general description of the proposed bylaw, action or other matter to which the counter petition opportunity relates;

(b) a statement that the local government may proceed with the matter unless at least 5% of the electors of the area to which the counter petition opportunity applies petition against the matter by signing counter petition forms and submitting them to the local government by the deadline;

(c) a statement that a counter petition must be in the form established by the local government and that forms are available from the local government on request;

(d) a statement that the only persons entitled to sign counter petition forms are the electors of the area to which the counter petition opportunity applies;

(e) a description of the area to which the counter petition opportunity applies;

(f) the deadline for submitting signed counter petition forms to the local government;

(g) the number of electors who must petition against the matter in order to prevent the local government from proceeding without the assent of the electors;

(h) other information prescribed under section 172.91 [regulations].

(3) For the purpose of subsection (2) (g), the local government must make a fair estimate of the total number of electors of the area to which the counter petition opportunity applies.

Counter petition forms

172.5 (1) The local government must

(a) prepare counter petition forms ready for distribution at the time of first publication under section 172.4, and

(b) subject to subsection (2), distribute a counter petition form to each person who requests one.

(2) Before providing a counter petition form to a person, a designated local government officer may require the person to sign a declaration that the person will not contravene section 172.8 [prohibition against false statements].

(3) A person who receives a counter petition form referred to in subsection (1) may make accurate copies of the counter petition form, which are to be considered counter petition forms for the purposes of this Division.

(4) The counter petition forms prepared or accurately copied under this section are collectively the counter petition in relation to the proposed bylaw, action or other matter.

Requirements for signing a counter petition

172.6 (1) Each counter petition form may be signed by one or more electors of the area to which the counter petition opportunity applies.

(2) For the purposes of this Division, the electors of the area to which the counter petition opportunity applies are the persons who would be entitled to vote under section 161 meet the qualifications referred to in section 161 (1) (a) [who may vote at other voting] if assent of the electors were sought in respect of the matter.

(3) The full name and residential address of each person signing must be included on the counter petition form and, if applicable, the address of the property in relation to which the person is entitled to register as a non-resident property elector must also be included.

(4) A person must not sign a counter petition more than once and may not withdraw their name from a counter petition after the deadline established under section 172.3.

Effect of counter petition

172.7 (1) If a counter petition is certified as having been signed by at least 5% of the electors of the area to which the counter petition opportunity applies, the local government must not proceed with the proposed bylaw, action or other matter unless it receives the assent of the electors.

(2) If the counter petition is certified as not having been signed by the percentage of electors referred to in subsection (1), the electors are deemed to have approved the proposed bylaw, action or other matter and the local government may proceed with the proposed matter.

(3) For the purposes of this section, the local government officer assigned responsibility under section 198 [corporate administration] must determine and certify, on the basis of the signed counter petition forms submitted to the local government before the deadline established under section 172.3,

(a) whether the counter petition forms submitted are accurate, and

(b) whether the counter petition has been signed by the percentage of electors referred to in subsection (1).

Prohibition against false statements

172.8 A person who presents a counter petition form to another person for signing must not knowingly make any false or misleading statements to the other person about the proposed bylaw, action or other matter to which the counter petition relates.

Offences

172.9 (1) The following sections apply in relation to counter petition opportunities, with a reference to voting to be read as a reference to the signing of a counter petition:

section 151 [vote buying];

section 152 [intimidation];

section 153 (6) (b) [false declarations];

section 154 [penalties].

(2) A person who contravenes section 172.8 [prohibition against false statements] commits an offence and section 154 (2) applies.

Regulations

172.91 (1) The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing information that must be included in a notice under section 172.4 [notice of counter petition opportunity];

(b) prescribing the form and content of counter petitions under this Division.

(2) Regulations under this section may be different for different classes of proposed bylaws, actions or other matters to which counter petition opportunities relate.

16 Section 176 (1) is amended

(a) by repealing paragraphs (a) and (b) and substituting the following:

(a) to make agreements respecting

(i) the local government's services, including agreements respecting the undertaking, provision and operation of its services, other than the exercise of its regulatory authority,

(ii) operation and enforcement in relation to the local government's exercise of its regulatory authority, and

(iii) the management of property or an interest in property held by the local government;

(b) to make agreements with a public authority respecting

(i) activities, works or services within the powers of a party to the agreement, other than the exercise of regulatory authority, including agreements respecting the undertaking, provision and operation of activities, works and services,

(ii) operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and

(iii) the management of property or an interest in property held by a party to the agreement; , and

(b) by adding the following paragraph:

(g) to establish commissions to

(i) operate services of the local government,

(ii) undertake operation and enforcement in relation to the local government's exercise of its regulatory authority, and

(iii) manage property or an interest in property held by the local government.

17 Section 177 (4) is repealed and the following substituted:

(4) Notices under

(a) section 164 [notice of other voting], or

(b) section 172.4 [notice of counter petition opportunity]

in relation to the agreement must state that the agreement and the records relating to it are available for public inspection in the local government offices during their regular office hours.

18 Section 184 is repealed and the following substituted:

Limitation on assistance by means of tax exemption

184 As limitations on sections 176 (1) (c) and 183,

(a) a council may only provide a property tax exemption in accordance with Division 1 of Part 10 [Assessment and Taxation Exemptions], and

(a) a board may only provide a property tax exemption in accordance with Division 4.4 of Part 24 [Regional Districts Tax Rates and Exemptions].

19 Section 188 is amended

(a) in subsection (1) by striking out "subsection (2)," and substituting "subsections (2) and (3),", and

(b) by adding the following subsection:

(3) Except as required by subsection (2), in the case of a sale of park land, the proceeds of the disposition must be placed to the credit of a reserve fund under Part 13 established for the purpose of acquiring park lands.

20 Section 198 (e) is repealed and the following substituted:

(e) accepting, on behalf of the local government, municipality or regional district, notices and documents that are required or permitted to be given, served on, filed with or otherwise provided to the local government, municipality or regional district; .

21 Section 218 is amended

(a) by repealing subsection (2) (c), and

(b) by adding the following subsection:

(4) The powers and duties set out in subsections (2) (d) and (3) are subject to sections 200 [appointment of officers and employees] and 202 [termination of officer].

22 Section 219 (2) is amended by striking out "must record in the minute book" and substituting "must record in the minutes".

23 Section 223 (2) is amended by striking out "Each copy of a notice under subsection (1) must be signed" and substituting "The notice must be signed".

24 Section 229 is repealed and the following substituted:

Appeal from decision of mayor or member presiding

229 (1) On an appeal by a council member from a decision of the mayor or the member presiding at a council meeting, the question as to whether the chair is to be sustained must be immediately put by the mayor or presiding member and decided without debate.

(2) The mayor or presiding member must be governed by the vote of the majority of the other council members present.

(3) If the votes are equal, the question passes in the affirmative.

(4) The names of the council members voting for or against the question must be recorded in the minutes.

(5) If the mayor or presiding member refuses to put the question under subsection (1),

(a) the council must immediately appoint another member to preside temporarily,

(b) that other member must proceed in accordance with subsection (1), and

(c) a resolution or motion carried under this subsection is as binding as if carried under subsection (1).

25 Section 235 (1) (a) is repealed and the following substituted:

(a) establish the procedures that are to be followed for the conduct of its business, including the manner by which resolutions may be passed and, in accordance with section 258 [establishment of procedures for adopting bylaws], by which bylaws may be adopted; .

26 Sections 238 and 239 are repealed and the following substituted:

Appointment of select committees

238 (1) A council may appoint a select committee to consider or inquire into any matter and to report its findings and opinion to the council.

(2) Subject to subsection (3), persons who are not council members may be appointed to a select committee.

(3) At least one member of a select committee must be a council member.

Appointment of standing committees

239 (1) The mayor may establish standing committees for matters the mayor considers would be better dealt with by committee and may appoint persons to those committees.

(2) Subject to subsection (3), persons who are not council members may be appointed to a standing committee.

(3) At least half of the members of a standing committee must be council members.

27 Section 241 is repealed and the following substituted:

Petitions to council

241 (1) This section applies to petitions to council, other than counter petitions under Division 5 of Part 4 [Other Voting Counter Petition Opportunities].

(2) A petition to a council must include the full name and residential address of each petitioner.

(3) A person may not withdraw their name from the petition or add a name to the petition

(a) if no time has been set under this Act for submission of the petition, after the petition has been certified as sufficient, and

(b) in other cases, after the time set for submission of the petition.

(4) Except as otherwise provided, the sufficiency and validity of a petition to a council must be determined by the municipal officer assigned responsibility under section 198 [corporate administration], who must certify this determination.

(5) A determination under subsection (4) is final and conclusive.

28 Section 242 is repealed.

29 Section 242.8 (d) is amended by striking out "modifying the effect of this Division" and substituting "modifying any of the provisions of this Division".

30 Section 251 (2) (a) is amended by striking out "granted" and substituting "granted or exercised".

31 Section 257 (3) and (4) is repealed and the following substituted:

(3) If this or another Act requires that a bylaw receive

(a) approval of the Lieutenant Governor in Council, a minister or the inspector, or

(b) approval of the electors through a counter petition opportunity or assent of the electors,

the approval must be obtained after the bylaw has been given third reading and before it is adopted.

(4) If this or another Act requires that a bylaw receive both

(a) approval of the Lieutenant Governor in Council, a minister or the inspector, and

(b) approval of the electors through a counter petition opportunity or assent of the electors,

the approval under paragraph (a) must be obtained before the bylaw is submitted for approval under paragraph (b).

32 Section 258 is repealed and the following substituted:

Establishment of procedures for adopting bylaws

258 (1) A council must, in its bylaw under section 235 [procedure bylaw], establish the procedure that, subject to this Part, is to be followed in adopting bylaws.

(2) Subject to section 257 (2), the bylaw may permit 2 or more readings at one meeting of council.

33 The following section is added:

Power to amend or repeal

258.1 Unless otherwise provided,

(a) the power to adopt a bylaw under this or any other Act includes the power to repeal or amend the original bylaw,

(b) the included power to amend or repeal must be exercised by bylaw and is subject to the same approval and other requirements, if any, as the power to adopt the original bylaw, and

(c) the included power may be exercised in the original bylaw.

34 Section 269 (1) is amended by striking out "authority to direct" and substituting "authority to require".

35 Section 287 is amended

(a) by repealing subsection (1) (d) and substituting the following:

(d) a member of

(i) a commission established under section 176 (1) (g),

(ii) an athletic commission established under section 722.1, or

(iii) a library board under the Library Act; ,

(b) in subsection (1) by adding the following:

(q) a member of a select or standing committee who is appointed under section 238 (2), 239 (2), 740.1 (3) or 795 (3), as applicable. , and

(c) in subsection (4) by striking out "subsection (1) (a) to (j)" and substituting "subsection (1) (a) to (k)".

36 Section 287.2 (7) is amended by striking out "(o) and (p)" and substituting "(o), (p) and (q)".

37 Section 301.1, as enacted by section 75 of the Local Government Statutes Amendment Act, 1999, S.B.C. 1999, c. 37, is renumbered as section 301.11.

38 Section 305.1 (1) is repealed and the following substituted:

(1) If land in a municipality is dedicated to the public for the purpose of a park or a public square by subdivision plan deposited in the land title office by which title is vested in the Crown, the municipality is entitled to possession and control of the land for that purpose.

39 Section 305.2 is repealed and the following substituted:

Exchange of dedicated land

305.2 (1) If a municipality

(a) is entitled to possession and control of land under section 305.1 [Crown land parks dedicated by subdivision], or

(b) holds title to park land under section 941 (14),

the council may, by bylaw, dispose of a portion of that land in exchange for other land suitable for a park or public square.

(2) A bylaw under subsection (1) may provide that, instead of taking land in exchange, the proceeds of the disposal are to be placed to the credit of a reserve fund under Part 13 established for the purpose of acquiring park lands.

(3) Before adopting a bylaw under subsection (1), the council must provide a counter petition opportunity in relation to the proposed bylaw.

(4) All land taken in exchange under this section is dedicated for the purpose of a park or public square and the title to it vests

(a) in the case of land referred to in subsection (1) (a), in the Crown with right of possession and control in the municipality, and

(b) in the case of land referred to in subsection (1) (b), in the municipality.

(5) Transfers under this section of land referred to in subsection (1) (a) or (b)

(a) have effect free of any dedication to the public for the purpose of a park or a public square, and

(b) in the case of land referred to in subsection (1) (a), have effect as a Crown grant.

40 Section 307 (3) is amended by striking out "section 242 (4)," and substituting "section 172.4,".

41 Section 333 (2) and (3) is repealed and the following substituted:

(2) A municipality may make an expenditure that is provided for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.

(3) A municipality may make an expenditure for an emergency that was not contemplated for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.

42 Section 334 (4) is repealed and the following substituted:

(4) Except for a liability referred to in subsection (3) (b), a municipality must not incur a liability for which expenditures are required during the planning period for its financial plan unless those expenditures are included for the applicable year in the financial plan.

43 Section 334.1 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement. , and

(b) in subsection (3) by striking out "section 242 (4)," and substituting "section 172.4,".

44 Section 334.4 (2) is amended

(a) in paragraph (b) by striking out "lessor" and substituting "lesser", and

(b) by repealing paragraph (c) (ii) and substituting the following:

(ii) in brief and general terms, the purpose for which the debt is to be incurred.

45 Section 335.1 is amended

(a) in subsection (4) by striking out "section 242 (4)," and substituting "section 172.4,", and

(b) in subsection (6) by striking out "distinct purpose" and substituting "single distinct purpose".

46 Section 336 is amended by striking out "Money borrowed or revenue raised" and substituting "Money held by a municipality".

47 Section 342 (3) to (4.1) is repealed and the following substituted:

(3) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.

(4) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (3) (b) of this section must

(a) identify the eligible heritage property that would be subject to the bylaw, and

(b) describe the exemption that would be made for the eligible heritage property.

48 Section 343.1 is amended by repealing subsections (4) to (5.1) and substituting the following:

(4) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.

(5) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (4) (b) of this section must

(a) identify the eligible riparian property that would be subject to the bylaw, and

(b) describe the exemption that would be made for the eligible riparian property.

49 Section 351 (5) is repealed and the following substituted:

(5) The registrar of land titles must not transfer land subject to a valuation agreement without a certificate from the designated municipal officer showing that all obligations for amounts owing by the owner under sections 347 to 350 and the valuation agreement have been discharged.

50 Section 353 is repealed and the following substituted:

Taxation of certain utility company property

353 (1) In this section:

"utility company" means an electric light, electric power, telephone, water, gas or closed circuit television company;

"specified improvement" means an improvement of a utility company that is

(a) a pole line, cable, tower, pole, wire, transformer, equipment, machinery, exchange equipment, main, pipe line or structure, other than a building,

(b) erected or placed in, on or affixed to

(i) land in a municipality, or

(ii) a building, fixture or structure in or on land in a municipality, and

(c) used solely in the municipality or a group of adjoining municipalities by the company for local generation, transmission, distribution, manufacture or transportation of electricity, telephonic communication, water, gas or closed circuit television.

(2) A utility company that is carrying on business in a municipality in which it has specified improvements must be taxed annually by the municipality at the rate of 1% as follows:

(a) for a telephone or closed circuit television company, on the gross rentals received in the second preceding year from its subscribers for telephone or television service located in the municipality, including telephone interexchange tolls for calls between exchanges in the municipality;

(b) for any other utility company, on the amount received in the second preceding year by the company for electric light, electric power, water or gas consumed in the municipality, other than amounts received for

(i) light, power or water supplied for resale,

(ii) gas supplied for the operation of motor vehicles fueled by natural gas, or

(iii) gas supplied to any gas utility company, other than a government corporation as defined in the Financial Administration Act or a subsidiary of a government corporation.

(3) Tax under subsection (2) is subject to the same remedies and penalties as taxes under Part 10.1 [Taxes, Fees and Charges].

(4) A utility company liable to tax under subsection (2) must

(a) by October 31 in each year, for the purpose of determining the tax payable in the next year, file with the collector a return of the revenue referred to in that subsection that was received in the preceding year, and

(b) pay the tax imposed under subsection (2) in accordance with Division 1 of Part 11 [Tax Collection Due Dates and Tax Notices].

(5) As an exception to subsections (2) and (4), in the case of a company to which this section applies for the first time in the municipality,

(a) the company must pay the tax imposed under subsection (2) in the second year of its operation on the basis of revenue earned in the first year, and

(b) the report of revenue earned in the first year must be filed before May 8 of the second year of operation.

(6) Tax imposed on a utility company under subsection (2) is in place of tax that might otherwise be imposed on the specified improvements under section 359 (1) (a) [municipal property taxes], and taxes may not be imposed under that provision on the specified improvements although they may be imposed on those improvements under section 359 (1) (b) [property taxes for other bodies].

(7) For certainty, all land and improvements of a utility company in a municipality, other than specified improvements, are subject to tax under section 359 [annual property tax bylaw].

51 Section 363 (1) is repealed and the following substituted:

(1) A council may, by bylaw, impose a fee or charge payable in respect of all or part of a service of the municipality or the exercise of regulatory authority by the municipality.

52 Section 365 (b) is repealed and the following substituted:

(b) if the municipality does establish a scheme under section 367, in accordance with section 368.

53 Section 368 is repealed and the following substituted:

Owner may elect which scheme to use

368 (1) If a municipal tax collection scheme is established, the applicable scheme is determined in accordance with the following:

(a) if an owner has elected in accordance with subsection (2) to pay under the municipal scheme, that scheme applies;

(b) if an owner has elected in accordance with subsection (2) to pay under the general tax collection scheme, that scheme applies;

(c) if paragraph (a) or (b) does not apply and the municipal tax collection scheme

(i) has not established due dates that are before July 2,

(ii) has not established any interest, or has established interest that does not exceed the interest for the general tax collection scheme prescribed under section 366 (2), and

(iii) has not established any penalty, or has established penalties that do not exceed the penalties for the general tax collection scheme prescribed under section 366 (2),

the municipal tax collection scheme applies;

(d) if no other paragraph applies, the general tax collection scheme applies.

(2) An owner may make an election, or change an election, referred to in subsection (1) (a) or (b) by giving written notice of the election to the municipality within the time period established under section 367 (2) [municipal scheme].

(3) If the land title registration of a property indicates that there is more than one registered owner of the property, a person giving notice under subsection (2) may only do so with the written consent of the number of those persons who, together with the person giving notice, are a majority of the registered owners.

(4) As a limit on subsection (2), after an election or change has been made under this section, no further change in election may be made for the same year.

(5) Once an election or change has been made under this section, the owner is liable to make payments in accordance with the applicable scheme until the owner has made a subsequent change in election under this section.

54 Section 369 (3) is repealed and the following substituted:

(3) The tax notice must include or have enclosed with it an application for a grant under the Home Owner Grant Act.

55 Section 501 is amended

(a) by renumbering the section as section 501 (1), and

(b) by adding the following subsection:

(2) As an exception, a bylaw under subsection (1) authorizing the transfer of an amount from a reserve fund that is established for the purpose of acquiring park lands may only be adopted with the approval of the minister.

56 Sections 517 and 518 are repealed and the following substituted:

General authority for services

517 (1) Subject to the specific limitations and conditions established by or under this or another Act, a municipality may operate any service that the council considers necessary or desirable for all or part of the municipality.

(2) The authority under subsection (1) includes the authority to operate a service in an area outside the municipality as well as in the municipality itself.

(3) A municipal service may be operated directly by the municipality or through another public authority, person or organization.

Establishing bylaws required for most services

517.1 (1) In order to operate a service, the council must first adopt an establishing bylaw for the service.

(2) As an exception, an establishing bylaw is not required for the following:

(a) general administration;

(b) undertaking feasibility studies in relation to proposed services;

(c) a service for which authority is expressly provided by another Part of this Act or by another enactment.

Consent required for services outside municipality

518 (1) Before establishing a service referred to in section 517 (2) [services outside municipality], the council must obtain the consent of the other affected local government as follows:

(a) if the area is in another municipality, the consent of the council of that other municipality is required;

(b) if the area is not in another municipality, the consent of the regional district board for the area is required.

(2) If a service referred to in subsection (1) is established, the powers, duties and functions of the municipality under this Part, and in relation to enforcement, may be exercised in relation to the service in the area in which the service is provided.

General authorities in relation to services

518.1 (1) A bylaw under this Part may

(a) establish different classes of persons, places, activities or things, and

(b) make different provisions for different classes and for different areas of the municipality.

(2) A council may, by bylaw, regulate in relation to a municipal service.

(3) A power to regulate under this Part includes the power to prohibit.

(4) Without limiting subsection (2), a bylaw under this Part may provide for a system of licences, permits or approvals in relation to a municipal service, including one or more of the following:

(a) prohibiting any activity or thing until a licence, permit or approval has been granted;

(b) providing for the granting and refusal of licences, permits and approvals;

(c) providing for the duration periods of licences, permits and approvals;

(d) providing that terms and conditions may be imposed on any licence, permit or approval, the nature of the terms and conditions and who may impose them;

(e) setting out the conditions that must be met before a licence, permit or approval is granted, the nature of the conditions and who may impose them;

(f) providing for the suspension or cancellation of licences, permits and approvals for

(i) failure to comply with a term or condition of a licence, permit or approval, or

(ii) failure to comply with the bylaw.

57 Section 527 is amended by adding the following subsections:

(1.1) At least 30 days before adopting a bylaw under subsection (1) (b), the council must publish notice of its intention in a newspaper.

(1.2) Before adopting a bylaw under subsection (1) (b), the council must provide an opportunity for persons who consider they are affected by the bylaw to make representations to council.

58 Section 554 (3) (b) is amended by striking out "counter petition" and substituting "petition".

59 Part 18 is repealed.

60 Section 648 (8) is amended by striking out "section 242 (4)," and substituting "section 172.4,".

61 Section 664 is amended by adding the following definition:

"licence plate" includes licence decal; .

62 Section 671 (3) (a) is repealed and the following substituted:

(a) licence plate production expenses; .

63 Section 700 (9) is repealed.

64 Section 721 (3) is repealed and the following substituted:

(3) A registrar of land titles must not accept for registration a document purporting to transfer or charge land in an area of a municipality or improvement district rehabilitated under the Public Works Agreement Act or the Agricultural and Rural Development (BC) Act without a certificate from the designated municipal officer or the improvement district officer assigned responsibility under section 738.2 that charges under subsection (1) have been paid in full.

65 The following section is added:

Athletic commissions

722.1 (1) A council may, by bylaw, establish an athletic commission consisting of 3 members appointed annually.

(2) A council may, by bylaw, provide that an athletic commission is to have one or more of the following powers within the municipality:

(a) to regulate and supervise professional boxing, wrestling and like activities, contests and exhibitions;

(b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the commission's proper expenses, to require persons conducting events referred to in paragraph (a) to pay to the commission for each event the fee set by the council;

(c) to specify equipment to be used in and to establish rules for the conduct of professional boxing and wrestling and any other professional contests within the jurisdiction of the commission;

(d) to pass on and approve contracts for the contests or exhibitions as a condition of their being held;

(e) to issue permits to persons conducting professional athletic contests or exhibitions as a condition of their being held;

(f) to issue permits to boxers, wrestlers and other participants in professional athletic contests or exhibitions as a condition of their participating in them;

(g) before issuing any permit, to require the applicant to give the security the commission determines for the faithful performance of the applicant's obligations as specified by the commission;

(h) to prohibit a person from participating in or conducting a contest or exhibition, or from advertising them, unless the person has been granted a permit for the purpose;

(i) to investigate the conduct of participants in the contests or exhibitions or of persons conducting them, and particularly with respect to alleged breaches of the bylaw or rules made under it;

(j) in relation to breaches of the bylaw or rules made under it, to impose reasonable fines for misconduct, or to prohibit those participants or persons from taking part in contests or exhibitions in the municipality for reasonable periods;

(k) whether or not a penalty has been imposed, to restrain a person conducting a contest or exhibition or participating in it without the prescribed permit, by action in the Supreme Court brought by the commission in its name without the Provincial government being made a party to the action.

(3) A council may, by bylaw, provide that a decision of the commission under subsection (2) is subject to appeal to the council.

(4) Security under subsection (1) (g) may be enforced by and in the name of the commission for the benefit of all persons entitled to claim under it.

66 Section 729 is amended by adding the following definitions:

"assessor" means, except in section 756, the improvement district officer assigned responsibility for assessing land and improvements for the improvement district;

"board of trustees" means the trustees of an improvement district under section 736;

"collector" means, except in section 756, the improvement district officer assigned responsibility for collecting taxes for the improvement district; .

67 Section 730 is repealed.

68 Section 731 is amended by adding the following subsection:

(7) Subsection (2) (a) does not apply in relation to

section 739 [meeting procedure],

section 741 [annual general meeting],

section 741.1 [annual financial statements], or

section 741.2 [appointment of auditor]

of this Act and, to the extent that there is an inconsistency between any requirement under those sections and a provision of the letters patent for an improvement district, the requirement under the applicable section prevails and the provision of letters patent is of no force and effect.

69 Section 738 (5) is repealed.

70 The following sections are added:

Officer positions

738.1 (1) The board of trustees

(a) must, by bylaw, establish officer positions in relation to the duties under sections 738.2 [corporate administration] and 738.3 [financial administration], with titles the board considers appropriate,

(b) may, by bylaw, establish other officer positions for the improvement district, with titles the board considers appropriate, and

(c) may, by bylaw or resolution, assign powers, duties and functions to those officer positions.

(2) For certainty,

(a) the board of trustees may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and

(b) the same person may be appointed to 2 or more officer positions.

(3) Words in an enactment referring to an improvement district officer, by name of office or otherwise, also apply to

(a) the officer's deputy, and

(b) any person designated by the board of trustees to act in the officer's place.

Corporate administration

738.2 One of the officer positions established under section 738.1 must be assigned the responsibility of corporate administration, which includes the following powers, duties and functions:

(a) ensuring that accurate minutes of the meetings of the board of trustees and its committees are prepared and that the minutes, bylaws and other records of the business of the board and its committees are maintained and kept safe;

(b) ensuring that access is provided to records of the board of trustees and its committees, as required by law or authorized by the board;

(c) signing and certifying copies of bylaws and other documents, as required or requested;

(d) accepting, on behalf of the improvement district or the board of trustees, notices and documents that are required or permitted to be given, served on, filed with or otherwise provided to the improvement district or board of trustees;

(e) keeping the improvement district's seal and having it affixed to documents as required.

Financial administration

738.3 One of the officer positions established under section 738.1 must be assigned the responsibility of financial administration, which includes the following powers, duties and functions:

(a) receiving all money paid to the improvement district;

(b) ensuring the keeping of all funds and securities of the improvement district;

(c) expending and disbursing money in the manner authorized by the board of trustees;

(d) investing funds, until required, in investments under section 745 (4) [authority equivalent to municipal investment authority];

(e) ensuring that accurate records and full accounts of the financial affairs of the improvement district are prepared, maintained and kept safe;

(f) compiling and supplying information on the financial affairs of the improvement district required by the inspector.

Officers and employees

738.4 (1) The board of trustees may

(a) provide for the appointment of officers and other employees for the improvement district, and

(b) subject to the Labour Relations Code and the Employment Standards Act, establish the terms and conditions of their employment, including terms and conditions respecting their remuneration, benefits, expenses, hours of work and manner of appointment, promotion, discipline and dismissal.

(2) In the event of a conflict between terms and conditions of employment established by bylaw, resolution or policy and those established by contract of employment or collective agreement, the contract or agreement prevails.

(3) Subject to a contract of employment, the appointment of an improvement district officer may be terminated by the board of trustees as follows:

(a) on reasonable notice, if the termination is approved by an affirmative vote of at least 2/3 of the votes cast by the trustees;

(b) without notice, for cause, if the termination is approved by a majority of the votes cast by the trustees.

Giving notice to improvement districts

738.5 If an enactment requires or permits

(a) notice to be given to an improvement district or a board of trustees,

(b) a document to be served on an improvement district or a board of trustees,

(c) a document to be filed with an improvement district or a board of trustees, or

(d) a document to be delivered, sent, submitted or otherwise provided to an improvement district or a board of trustees,

the notice, service, filing or provision is effected if the notice or document is, as applicable, given, served on, filed with or provided to the improvement district officer assigned responsibility under section 738.2 [corporate administration].

71 Section 739 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The board of trustees must, by bylaw, do the following:

(a) establish the procedures that are to be followed for the calling of meetings of the board and for the conduct of its business, including the manner by which resolutions may be passed and bylaws adopted;

(b) establish the procedures that are to be followed in calling and conducting

(i) meetings of select and standing committees of the board,

(ii) meetings referred to in section 741 [annual general meeting], and

(iii) meetings of any other committee composed solely of trustees of the improvement district acting in that capacity;

(c) establish the procedures for giving advance public notice respecting the date, time and place of meetings referred to in section 741 [annual general meeting] and any other meetings required to be open to the public by a regulation under section 739.1 (a) [regulations for public access to board meetings]. , and

(b) by repealing subsections (3) and (4) and substituting the following:

(3) The chair or the officer assigned responsibility under section 738.2 [corporate administration] must give notice to each trustee of each meeting of the board of trustees in accordance with the procedures established by bylaw under subsection (1) of this section.

72 The following section is added:

Regulations for public access to board meetings

739.1 The Lieutenant Governor in Council may make regulations as follows:

(a) making the provisions of sections 236 [minutes of council meetings], 237 [minutes of committee meetings] and 242.1 to 242.5 [public access to municipal meetings], as applicable, apply in relation to meetings of

(i) the board of trustees,

(ii) select and standing committees of the board, and

(iii) any other body established by the board;

(b) excluding a body under paragraph (a) (iii) from the application of one or more of the provisions referred to in paragraph (a);

(c) modifying any of the provisions referred to in paragraph (a) in relation to bodies referred to in that paragraph;

(d) making section 237 [minutes of committee meetings] applicable to meetings referred to in section 741 [annual general meeting] and modifying any of the provisions of section 237 in relation to those meetings.

73 Section 740 (2) is amended by striking out "by the secretary," and substituting "by the officer assigned responsibility under section 738.2 [corporate administration]," .

74 The following section is added:

Appointment of select and standing committees

740.1 (1) A board of trustees may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.

(2) The board may establish standing committees for matters the board considers would be better dealt with by committee and may appoint persons to those committees.

(3) Subject to subsection (4), persons who are not trustees may be appointed to select and standing committees.

(4) At least one member of each select and standing committee must be a trustee.

75 Section 741 is repealed and the following substituted:

Annual general meeting

741 (1) At least once in every 12 months, the board of trustees must call a meeting of the owners of land in the improvement district at which it presents the audited financial statements for the preceding calendar year.

(2) The annual general meeting must be open to the public.

(3) At least 14 days before the annual general meeting, the board of trustees must give advance public notice of the date, time and place of the meeting in accordance with the procedures established by bylaw under section 739 (1) (c).

76 The following sections are added:

Annual financial statements

741.1 (1) The fiscal year for an improvement district is the calendar year.

(2) Improvement district financial statements for a fiscal year must be

(a) prepared by the officer assigned responsibility under section 738.3 [financial administration], and

(b) presented to the board of trustees for its acceptance.

(3) Subject to subsection (4), the financial statements must be prepared in accordance with generally accepted accounting principles for local governments.

(4) The inspector may require or authorize, generally or for a specified improvement district, that the financial statements vary from or include additional information to the requirements of subsection (3).

(5) By May 15 in each year, the board of trustees must submit to the inspector the audited financial statements of the improvement district for the preceding year and any other financial information required by the inspector.

Appointment of auditor

741.2 (1) A board of trustees must appoint an auditor for the improvement district.

(2) The auditor must meet the requirements of section 331 (2) [auditor qualifications].

(3) The following apply to an auditor appointed under subsection (1):

section 331.1 [auditor may appeal termination];

section 331.3 [auditor's reports];

section 331.4 [access to information by auditors].

77 The following section is added:

Indemnification against proceedings

743.1 (1) A board of trustees has the power to indemnify against proceedings as set out in section 287.2 (1) to (6) [indemnification against proceedings].

(2) Without limiting subsection (1), the power to indemnify under that subsection applies in relation to the persons referred to in section 287 (1) (n), (o) and (q) [volunteers and committee members] as though those persons were officers or employees of the improvement district.

78 Section 745 is amended

(a) in subsection (2) by repealing paragraph (g) and substituting the following:

(g) make agreements;

(h) any thing incidental to the things referred to in paragraphs (a) to (g) or necessary to carry out its objects. , and

(b) by adding the following subsection:

(4) Money held by an improvement district that is not immediately required may be invested or reinvested by the board of trustees in investments referred to in section 336 [investment of municipal funds].

79 Section 746 (1) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) entering into a contract about land or works; ,

(b) by repealing paragraph (e), and

(c) by repealing paragraph (k) and substituting the following:

(k) regulating and requiring the provision of works and services in respect of the subdivision of land; .

80 Section 747 (1) (b) is amended by striking out "by the secretary and" and substituting "by the officer assigned responsibility under section 738.2 [corporate administration] and".

81 The following sections are added:

Subdivision servicing requirements

747.1 (1) For the purposes of section 746 (1) (k), the board of trustees may, by bylaw, require that, within that subdivision,

(a) a water distribution system,

(b) a fire hydrant system,

(c) a sewage collection system,

(d) a sewage disposal system,

(e) a drainage collection system, or

(f) a drainage disposal system

be provided, located and constructed in accordance with the standards established in the bylaw.

(2) The authority under subsection (1) is limited to requiring the provision of works and services that are within the objects of the improvement district described in the letters patent.

(3) A bylaw under subsection (1) may be different in relation to one or more of the following:

(a) different circumstances;

(b) different areas;

(c) different land uses;

(d) different zones.

(4) An improvement district must not impose a requirement under subsection (1) in respect of a subdivision under the Condominium Act.

(5) In addition to the authority under subsection (1), as a condition of

(a) the approval of a subdivision, or

(b) if an agreement under subsection (9) applies, the issuance of a building permit,

a board of trustees may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway.

(6) In addition to the authority under subsection (1), if an agreement under subsection (9) applies, as a condition of the issuance of a building permit, a board of trustees may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section.

(7) Requirements under subsections (5) and (6)

(a) may only be made to the extent that they are directly attributable to the subdivision or development, and

(b) must not include specific services that are included in the calculations used to determine the amount of a capital expenditure charge under section 746 (1) (f), unless the owner agrees to provide the services.

(8) If the owner agrees to provide the services referred to in subsection (7) (b), section 933 (8) (a) [deduction of amounts paid by owner] applies to the calculation of the capital expenditure charge.

(9) A board of trustees and a local government may enter into an agreement under which the local government may refuse to issue building permits in accordance with this section.

(10) The authority to require works and services under this section is limited to works and services that are within the objects of the improvement district as described in its letters patent.

Excess or extended services and latecomer payments

747.2 (1) For the purposes of this section:

"excess or extended services" means a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed;

"owner" means an owner within the meaning of section 5.

(1.1) A board of trustees may require that the owner of land that is to be subdivided or developed provide excess or extended services.

(1.2) If a board of trustees makes a requirement under subsection (1.1), the cost of providing the excess or extended services must be paid for

(a) by the improvement district, or

(b) if the board of trustees considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed.

(2) If the board of trustees requires an owner of land that is to be subdivided or developed to provide excess or extended services and requires the owner to pay all or part of those services, If the board of trustees imposes a requirement under subsection (1.2) (b), the improvement district must

(a) determine the proportion of the cost of providing the water, sewage or drainage facilities that it considers constitutes the excess or extended service,

(b) determine which part of the excess or extended service that it considers will benefit each of the parcels of land that will be served by the excess or extended service, and

(c) impose, as a condition of an owner connecting to or using the excess or extended service, a charge related to the benefit determined under paragraph (b).

(3) If the improvement district pays all or part of the costs of excess or extended services, it may recover costs by a charge under subsection (2) (c).

(4) If the owner pays all or part of the costs of excess or extended services, the improvement district must pay the owner

(a) all the charges collected under subsection (2) (c), if the owner pays all the costs, or

(b) a corresponding proportion of all charges collected, if the owner pays a portion of the costs.

(5) A charge payable under subsection (2) (c) must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins.

(6) Charges payable for latecomer connections or use under subsection (2) (c) must be collected during the period beginning when the excess or extended services are completed, up to

(a) a date to be agreed on by the owner and the board of trustees, or

(b) if there is no agreement, a date determined under the Commercial Arbitration Act,

but no charges are payable beyond 10 years from the date the service is completed.

(7) If an owner, in accordance with a bylaw under section 746 (1) (k) or 747.1, provides water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this section applies.

82 Section 747.1 (4) is amended by striking out "Condominium Act." and substituting "Strata Property Act."

83 Section 753 (1) is amended by striking out "of the improvement district".

84 Section 762 (3) is amended by striking out "of the improvement district".

85 Section 771 is amended by striking out "secretary of the trustees of the improvement district," and substituting "officer assigned responsibility under section 738.3 [financial administration],".

86 Section 773 is amended

(a) by repealing the definitions of "extended service", "general service", "local service" and "net taxable value of land and improvements",

(b) by adding the following definitions:

"regulatory service" means the exercise of a regulatory authority conferred on a regional district by or under this or another Act, other than the exercise of regulatory authority under section 796.2 [general authorities in relation to services] or section 797 [Part 15 powers equivalent to municipalities];

"requisition" means a requisition under section 805 [municipal] or 806 [electoral area]; , and

(c) by repealing the definitions of "service" and "service area" and substituting the following:

"service" includes a regulatory service;

"service area" means the area in which a service is provided, being comprised of the participating areas for the service; .

87 The following Division is added in Part 24:

Division 1.1 Continuation of Regional Districts and Services

Continuation of regional districts

774.1 (1) Every regional district incorporated before this Part came into force on July 1, 1989 is continued as a corporation and is vested with the powers conferred on it by this Act.

(2) All bylaws validly adopted by a board before this Part came into force continue in force.

Continuation of regional district services

774.2 (1) In this section:

"previous continuation authority" means the authority to provide services under section 775 (3) to (8), as that section read immediately before the transition date;

"continued service" means a service provided by a regional district immediately before the transition date;

"transition date" means the date when this section came into force.

(2) Subject to this section, a regional district continues to have the power to provide a continued service as follows:

(a) if, immediately before the transition date,

(i) the service is one that was authorized under the previous continuation authority, and

(ii) no bylaw that was deemed under the previous continuation authority to be an establishing bylaw has been adopted in relation to the service,

the service may be continued in accordance with the previous continuation authority and, for these purposes, that authority is deemed not to have been repealed;

(b) if the service is one referred to in section 800.1 (2) (b) or (c) [development services and social planning], or is another service for which an establishing bylaw was not required before the transition date, the service may be continued without an establishing bylaw.

(3) If a board exercises a power to provide a continued service under subsection (2), it may

(a) adopt a bylaw in accordance with subsection (5) to convert the service to one exercised under the authority of an establishing bylaw, and

(b) by the same bylaw, amend the power to the extent that it could if the power were in fact exercised under the authority of an establishing bylaw.

(4) A board must adopt a bylaw under subsection (3) in relation to a continued service if any changes are made to the service area, participants, method of cost recovery or apportionment of costs in relation to the service.

(5) A bylaw under subsection (3) must

(a) meet the requirements of section 800.1 [required content] for an establishing bylaw, and

(b) be adopted in accordance with section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

(6) A bylaw under subsection (3) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

88 Section 775 is repealed.

89 Section 777 (1) (k) is repealed.

90 Section 781 (2) and (3) is repealed and the following substituted:

(2) If provision is made for a service area under subsection (1), the board must adopt a bylaw in respect of the service that

(a) meets the requirements of section 800.1 [required content] for an establishing bylaw, and

(b) is adopted in accordance with section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.

(3) A bylaw under subsection (2) is deemed to be an establishing bylaw for the service in respect of which it is adopted.

91 Section 782 (4.1) is repealed and the following substituted:

(4.1) The minister may, by order, specify a later date on which the transfer is effective and, if such an order is made, the jurisdiction of the regional district governing the service continues in force until that later date.

92 Section 784 (1) and (2) is repealed and the following substituted:

(1) After the first appointment under section 777 (1) (e), each municipal director is to be appointed at pleasure by the council from among its members.

(2) The term of office of a municipal director

(a) begins when the person takes office in accordance with section 210 (3) [oath of office], and

(b) continues until the earliest of

(i) another director taking office in the original director's place,

(ii) the director ceasing to be a member of the council before the next general local election, and

(iii) December 31 in the year of a general local election.

93 Section 786 (2) is repealed and the following substituted:

(2) The alternate director may take the place of, vote and generally act in all matters for an absent municipal director, including a matter delegated to that director by the board.

(2.1) If there is more than one municipal director, the authority under subsection (1) may be exercised either

(a) by specifying for each municipal director, the council member who is the alternate director for that municipal director, or

(b) by appointing a number of alternate directors and establishing a system to determine which alternate director is to act in the place of any absent municipal director.

(2.2) As a restriction on subsection (2.1) (b), at any one time an alternate director may only act in place of a single municipal director.

94 Sections 788 and 789 are repealed.

95 Section 790 is repealed.

96 Section 791 is amended

(a) in subsection (1) (b) by striking out "subsections (2) to (16)." and substituting "subsections (2) to (17).",

(b) by repealing subsection (3) and substituting the following:

(3) Without limiting subsection (2), voting on the following matters must be in accordance with that subsection:

(a) establishing bylaws for services;

(b) bylaws exercising a regulatory authority in relation to a regulatory service;

(c) resolutions and bylaws establishing services for which no establishing bylaw is required;

(d) resolutions and bylaws on the general conduct of the board's business, including bylaws under sections 793 and 794;

(e) resolutions dispensing with the consent of an electoral area director under section 801.5 (3), or that section as it applies under section 802 (2) or 823 (5);

(f) resolutions and bylaws under Part 25, except as provided in subsection (16);

(g) subject to subsections (12) and (13), resolutions and bylaws under Part 26, other than bylaws referred to in paragraph (b). ,

(c) by repealing subsection (4) and substituting the following:

(4) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a service, other than the service referred to in section 800 (2) (a) [general administration], each director who is present and who represents a participating area for the service

(a) is entitled to vote, and

(b) subject to the establishing bylaw, has the number of votes assigned to that director under section 783 (2). ,

(d) in subsection (5) by repealing paragraph (b) and substituting the following:

(b) bylaws under section 806.1 (2) [parcel tax collection in electoral areas] providing for the preparation of an assessment roll;

(c) bylaws exercising a regulatory authority, other than bylaws referred to in subsection (3) (b). ,

(e) by repealing subsections (12) and (13) and substituting the following:

(12) In relation to an agreement under section 804.1 (2) [cost sharing for Part 26 services],

(a) the director for the municipality is not entitled to vote on the resolution or bylaw authorizing the regional district to enter into the agreement,

(b) as soon as the agreement has been entered into, the director for that municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into any other agreement under that section, and

(c) while the agreement is in force, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 26 [Planning and Land Use Management] except in accordance with the agreement.

(13) In relation to a municipality that has given notice under section 804.1 (3) [withdrawal from participation in Part 26 services],

(a) as soon as the notice has been given, the director for the municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into an agreement under section 804.1 (2), and

(b) effective the year following the year in which the notice is given and continuing until the municipality again becomes a participant, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 26 except, if applicable, in relation to participation under section 804.1 (6) or (7) [limited continued participation]. , and

(f) by repealing subsection (15) (b) and substituting the following:

(b) subject to the establishing bylaw, has the number of votes assigned to that person under section 783 (2).

97 Section 791 (3) is amended by adding the following paragraph:

(d.1) resolutions appointing a director under section 813.02 (2) (c) [appointment of representative in relation to service disputes]; .

98 Section 791 (7) is repealed and the following substituted:

(7) Voting on resolutions and bylaws on the following matters must be in accordance with subsection (6):

(a) authorizing persons to enter into contracts on behalf of the regional district;

(b) authorizing the acquisition, expropriation or disposal of real property;

(c) adopting the financial plan under section 815;

(d) authorizing borrowing and liabilities under Division 5 [Financial Operations] of this Part.

99 Section 794 (5) is amended by adding the following:

section 258 [establishment of procedures for adopting bylaws];

section 258.1 [power to amend or repeal]; .

100 Section 794 (5) is amended by striking out "section 257 (1), (3) and (5) [requirements for passing bylaws];" and substituting "section 257 (1), (3), (4) and (5) [requirements for passing bylaws]".

101 Section 795 is repealed and the following substituted:

Appointment of select and standing committees

795 (1) A board may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.

(2) The chair may establish standing committees for matters the chair considers would be better dealt with by committee and may appoint persons to those committees.

(3) Subject to subsection (4), persons who are not directors may be appointed by the board to a select committee or by the chair to a standing committee.

(4) At least one member of each select and standing committee must be a director.

102 Division 4 of Part 24 is repealed and the following substituted:

Division 4 Services and Powers

General authority for services

796 (1) Subject to the specific limitations and conditions established by or under this or another Act, a regional district may operate any service that the board considers necessary or desirable for all or part of the regional district.

(2) The authority under subsection (1) includes the authority to operate a service in an area outside the regional district as well as in the regional district itself.

(3) A regional district service may be operated directly by the regional district or through another public authority, person or organization.

Consent required for services outside regional district

796.1 (1) Before establishing a service referred to in section 796 (2) [services outside regional district], the board must

(a) obtain the consent of the other affected local government in accordance with subsection (2), and

(b) after receiving that consent, obtain the approval of the Lieutenant Governor in Council.

(2) For the consent required by subsection (1) (a),

(a) if the area is in a municipality, the consent of the council of the municipality is required, and

(b) if the area is not in a municipality, the consent of the regional district board for the area is required.

(3) The Lieutenant Governor in Council may, in an approval referred to in subsection (1) (b), establish restrictions and conditions on the establishment and operation of a service in a participating area that is outside the regional district.

(4) Subject to an approval under subsection (3), if a service referred to in subsection (1) is established,

(a) the area outside the regional district must be identified as a separate participating area for the service,

(b) the provisions of this Part apply with respect to the participating area as if it were located in the regional district, and

(c) the powers, duties and functions of the regional district extend to the participating area as if it were located in the regional district.

General authorities in relation to services

796.2 (1) Section 518.1 [authority to classify, regulate, prohibit and license] applies in relation to a service under this Part, other than a regulatory service.

(2) If a regional district has established works or facilities outside the regional district for the purposes of a regional district service, the board may, by bylaw, regulate the use of the works and facilities.

(3) If a board enters into a mutual aid agreement respecting the use of equipment and personnel, that use may be undertaken inside or outside the service area.

Regulation authority in relation to previous bylaws

796.3 (1) This section applies to bylaws under this Part

(a) that were in force on the date that section 803, as it then was, was repealed by the Local Government Statutes Amendment Act, 2000, or

(b) that had received first reading before that date and were adopted within one year after that date.

(2) Subject to subsection (3), provisions in the bylaws that are the exercise of regulatory authority do not apply within a municipality unless the bylaw expressly provides this application.

(3) If, at the time referred to in subsection (1), letters patent conferred exclusive jurisdiction on a board as referred to in section 803 (1) (b) before the repeal referred to in subsection (1) of this section, the authority of the regional district under that section 803 section 803 (1) (b) continues as if the section had not been repealed.

Part 15 powers equivalent to municipalities

797 (1) The following provisions of Part 15 [Municipal Services] apply to regional districts:

Division 3 [Fire Protection];

Division 4 [Health];

Division 7 [Waste and Recycling].

(2) Division 6 of Part 15 [Sewers, Drains and Drainage],other than section 549 [district municipality drainage works], applies to regional districts.

(3) Division 8 of Part 15 [Miscellaneous], other than section 552 [use of highways or municipal rights of way] as it applies to highways and section 554 [charges for cleaning and clearing highways], applies to regional districts.

Specific regulatory and other powers

797.1 (1) If a board establishes any of the following services, the indicated provisions apply in relation to the service:

(a) in relation to the numbering of buildings, section 530 (a) [special authority in relation to highways];

(b) in relation to building inspection, Part 21 [Building Regulations];

(c) in relation to animal control,

section 703 (1) (a) [keeping of certain animals],

section 704 (e) [leashing and other dog control],

section 705 [dog licences],

section 706 [compensation for injuries to livestock], and

section 707 (1) [animal pounds];

(d) in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances,

section 724 [noise control],

section 725 (1) (a) to (h) and (2) [nuisances and disturbances], and

section 728 (1) (e) [fireworks];

(e) in relation to the regulation of fire alarm systems and security alarm systems, section 726;

(f) in relation to the control of the deposit and removal of soil, rock, gravel, sand and other substances of which land is composed and control of the deposit of other materials, section 723.

(2) If a board establishes a cemetery service under the Cemetery and Funeral Services Act, the board may exercise the same powers with the same limitations as a municipal council under that Act.

(3) Despite section 182 [prohibition against providing assistance to business], a regional district may operate the service of

(a) providing capital financing for services provided by a telephone, natural gas or electric power utility, or

(b) the giving of grants to an applicant for a business promotion scheme under section 651.2 [mountain resort business improvement areas].

(4) A board may, by bylaw, establish the service of the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters;

(5) If a board adopts a bylaw under subsection (4), the board has and must exercise its authority in accordance with the Waste Management Act and regulations under that Act.

General authority for fees, charges and recovery of amounts owed

797.2 (1) The following apply to regional districts in relation to their services:

section 363 [fees and charges];

section 364 [special fees and charges that are liens against property];

section 376 [fees and charges that may be collected as taxes].

(2) For the purposes of this, section 376 (3) applies to all amounts deemed to be taxes in arrear.

Referendums regarding services

797.3 (1) A board may, by bylaw, provide for a referendum in the whole or a part of one or more municipalities or electoral areas to obtain the opinion of the electors on a question regarding a service that is or that may be operated by the regional district.

(2) Section 801.2 [approval of the electors by voting] applies to a referendum under this section as if the areas in which the referendum is to be conducted were proposed participating areas.

Petition for services

797.4 (1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area.

(2) A petition referred to in subsection (1) must

(a) describe in general terms the service that is proposed,

(b) define the boundaries of the proposed service area,

(c) indicate in general terms the proposed method for recovering annual costs, and

(d) contain other information that the board may require.

(3) Section 632 [sufficiency of petition] applies to a petition under subsection (1).

(4) To be a sufficient petition for the purposes of section 632 (1), a petition

(a) must be signed by at least 2/3 of the owners of parcels liable to be charged for the proposed service, and

(b) must be signed by a sufficient number of owners of parcels liable to be charged for the proposed service that the total value of their parcels represents at least 1/2 of the net taxable value of all land and improvements within the proposed service area.

General powers equivalent to municipalities

798 The following provisions apply to regional districts:

section 247 [incidental powers];

section 248 [further powers in relation to municipal assets];

section 249 [further powers for public good];

section 302 [power to reserve land for public purpose];

section 303 [power to dedicate land for public purpose];

section 305 [effect of reservation and dedication];

section 305.1 [control of Crown land parks dedicated by subdivision];

section 305.2 [exchange of dedicated land];

section 309 [expropriation power];

section 309.1 [authority in relation to services];

section 311 [entry on land to mitigate damage];

section 312 [compensation for non-expropriation actions];

section 313 [funding for expropriation and mitigation];

section 314 [power to accept property on trust].

Emergency powers

798.1 If the powers conferred on a board are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the board may, by bylaw adopted by at least 2/3 of the votes cast, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.

Additional powers and exceptions

799 (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified regional district or a described class of regional districts:

(a) grant a power to the regional district or class, including powers conferred on a municipality by this or another enactment;

(b) provide an exception to or a modification of a requirement established by an enactment;

(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding

(i) the grant of a power under paragraph (a) or the exercise of it, or

(ii) an exception or modification under paragraph (b) or the taking of its benefit.

(2) Section 251 (2) [restrictions on additional powers and exceptions that may be granted to municipalities] applies for the purposes of subsection (1).

(3) In addition to the restrictions under section 251 (2), a regulation under this section must not

(a) confer an authority otherwise available to a regional district, including any power that may be exercised under section 798.1 [emergency powers], or

(b) do any other thing prohibited by regulation under subsection (4).

(4) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.

Division 4.1 Establishing Bylaws

Establishing bylaws required for most services

800 (1) In order to operate a service, the board must first adopt an establishing bylaw for the service in accordance with this Division.

(2) As an exception, a bylaw under this section is not required to establish the following:

(a) general administration, other than electoral area administration;

(b) electoral area administration;

(c) undertaking feasibility studies in relation to proposed services;

(d) a service under section 4 (1) of the Hospital District Act;

(e) undertaking a referendum under section 797.3 [referendums regarding services];

(f) a service for which authority is expressly provided by another Part of this Act, other than a regulatory service;

(g) a local community commission under section 838;

(h) the giving of grants to an applicant for a business promotion scheme under section 651.2 [mountain resort business improvement areas];

(i) if the regional district board is authorized to appoint an approving officer under section 77.1 of the Land Title Act, services related to the approving officer.

Required content for establishing bylaws

800.1 (1) An establishing bylaw for a service must do the following:

(a) describe the service;

(b) define the boundaries of the service area;

(c) identify all municipalities and electoral areas that include participating areas for the service;

(d) indicate the method of cost recovery for the service, in accordance with section 803 [options for cost recovery];

(e) set the maximum amount that may be requisitioned for the service, by

(i) specifying a maximum amount,

(ii) specifying a property value tax rate that, when applied to the net taxable value of land and improvements in the service area, will yield the maximum amount, or

(iii) specifying both a maximum amount and a property value tax rate as referred to in paragraphs (a) and (b), subparagraphs (i) and (ii), in which case the maximum amount is whichever is greater at the applicable time.

(2) As an exception, the requirement of subsection (1) (e) does not apply to an establishing bylaw for the following:

(a) a regulatory service;

(b) coordination, research and analytical services relating to the development of the regional district;

(c) social planning services;

(d) the promotion of economic development;

(e) programs in preparation for emergencies;

(f) emergency communication systems;

(g) regional parks;

(h) services related to heritage conservation;

(i) participation in a regional library district under Part 3 of the Library Act.

(3) If an establishing bylaw covers more than one service, it must separately indicate the matters under subsection (1) for each service.

Special options for establishing bylaws

800.2 (1) An establishing bylaw for a service may do one or more of the following:

(a) set out the method of apportionment of costs among the participating areas, if this is to be different from the method established by section 804 (2) (a) [general apportionment rule];

(b) in relation to resolutions and bylaws respecting the administration and operation of the service, establish the method for determining the number of votes to which a director is entitled if this is to be different from that otherwise established under section 791 (4) (b) [number of votes per director in respect of administration and operation of services];

(c) if the administration and operation of the service is to be delegated to a body established by the board, provide for appointments to the body and establish voting rules for the body in relation to the service;

(d) establish terms and conditions for withdrawal from the service;

(e) include any other provisions respecting the establishment and operation of the service that the board considers appropriate.

(2) As a limit on subsection (1) (b), each director for a participating area must be entitled to at least one vote.

(3) If a proposed establishing bylaw includes provisions referred to in subsection (1) (d), in addition to the approval of the electors required under section 801 [approval of establishing bylaws], each participant must consent to the provisions before the bylaw is submitted for approval of the electors.

(4) As an exception to subsection (1) (a), if a board chooses to adopt an establishing bylaw for a service referred to in section 800 (2) (a) to (d) [general administration, electoral area administration, feasibility studies and regional hospital district], the establishing bylaw may not set out a method of cost apportionment different from that established by section 804 (2) (a) [general apportionment rule].

Approval of establishing bylaws

801 (1) An establishing bylaw has no effect unless, before its adoption, it receives

(a) the approval of the inspector, and

(b) the approval of the electors in the participating areas for the service.

(2) Approval of the electors required by this section means whichever of the following is applicable:

(a) approval of the electors given separately for each participating area in the proposed service area;

(b) if the board passes an authorizing resolution by at least 2/3 of the votes cast, approval of the electors in the entire proposed service area.

(3) Approval of the electors required by this section may be given by

(a) assent of the electors in accordance with section 801.2 [approval by voting],

(b) if applicable, approval of the electors by counter petition opportunity in accordance with section 801.3 [approval by counter petition], or

(c) if applicable, consent given on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal electors] or 801.5 [consent on behalf of electoral area electors].

Responsibility for obtaining approval

801.1 (1) If approval of the electors is to be obtained for the entire service area,

(a) the board may choose the method,

(b) in the case of approval by counter petition opportunity, the board is responsible for obtaining the approval, and

(c) in the case of approval by assent of the electors, at the option of the board,

(i) the board is responsible for conducting the voting throughout the proposed service area, or

(ii) the board and councils are responsible for conducting the voting in the same manner as under subsection (2), with the results of the voting in these areas added together.

(2) If approval of the electors is to be obtained separately for each participating area,

(a) subject to subsection (3), for a municipal participating area, the council may choose the method and is responsible for obtaining the approval, and

(b) for an electoral participating area, the board may choose the method and is responsible for obtaining the approval.

(3) If, within 30 days after third reading of the establishing bylaw, a council

(a) has notified the regional district that it is refusing to seek approval of the electors, or

(b) fails to give any notice to the regional district with respect to how approval is to be obtained,

the board may pass a resolution under section 801 (2) (b) [approval of establishing bylaws entire area] to have approval obtained for the entire service area in accordance with subsection (1) of this section.

(4) Despite section 40 (1) [costs of elections], if a council is authorized to give consent on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal electors] but does not exercise this authority, the municipality is responsible for the costs of obtaining the approval of the electors in the participating area.

Approval of the electors by voting

801.2 (1) Approval of the electors under this section is obtained, through assent of the electors under Part 4 [Other Voting], if

(a) in the case of approval under section 801 (2) (a) [each participating area separately], for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw, or

(b) in the case of approval under section 801 (2) (b) [entire service area], a majority of votes counted as valid is in favour of the bylaw.

(2) In the case of approval under section 801 (2) (b) [entire service area], for the purposes of determining who is entitled to vote under section 161, the voting area is deemed to be all the proposed participating areas.

Approval of electors by counter petition opportunity

801.3 (1) Approval of the electors under section 801 (2) (a) [each participating area separately] or 801 (2) (b) [entire service area] may be obtained under Division 5 of Part 4 [Other Voting Counter Petition Opportunities] if

(a) the maximum amount that may be requisitioned for the service is the amount equivalent to 50¢ for each $1 000 of net taxable value of land and improvements included in the service area, or

(b) the bylaw relates to a service for

(i) the collection, conveyance, treatment or disposal of sewage,

(ii) the supply, treatment, conveyance, storage or distribution of water, or

(iii) the collection, removal or disposal of solid waste or recyclable material.

(2) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (1) must include

(a) a copy of the bylaw, or

(b) a synopsis of the bylaw that includes

(i) in general terms, the intent of the bylaw,

(ii) the proposed service area, and

(iii) the place where and dates and times when copies of the bylaw may be inspected.

Consent on behalf of municipal electors

801.4 (1) For a proposed municipal participating area that is all of a municipality, approval of the electors under section 801 (2) (a) [each participating area separately] may be given under this section.

(2) Approval is given under this section by the council

(a) consenting on behalf of the electors to adoption of the proposed bylaw, and

(b) notifying the board of its consent.

Consent on behalf of electoral area electors

801.5 (1) For a proposed electoral participating area, the board may authorize approval under section 801 (2) (a) [each participating area separately] to be given under this section

(a) if the board receives a petition sufficient petition under section 797.4 [petition for services], or

(b) in the case of an establishing bylaw for a service referred to in section 800.1 (2) [no requisition limit required], if

(i) the participating area includes all of the electoral area, and

(ii) the service can be established without borrowing.

(2) Consent under this section is given on behalf of the electors in the proposed participating area by the electoral area director consenting in writing to adoption of the bylaw.

(3) If approval under this section is authorized under subsection (1) but the director refuses to give the consent referred to in subsection (2), the board may, by a resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the proposed participating area.

(4) A director whose consent is dispensed with under subsection (3) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order

(a) that the consent of the board under subsection (3) stands,

(b) that the approval be obtained under section 801.2 [approval by voting], or

(c) that the approval be obtained under section 801.3 [approval by counter petition opportunity].

Other procedural rules

801.6 (1) If a board proposes to borrow money for the start of a service, the establishing bylaw and the loan authorization bylaw must, for the purposes of obtaining approval of the electors under this Division, be dealt with as if they were one bylaw.

(2) The regional district officer assigned responsibility under section 198 [corporate administration] must file a copy of each establishing bylaw with the inspector after it has been adopted.

Amendment or repeal of establishing bylaws

802 (1) Subject to an order under subsection (4) or (5), an establishing bylaw may be amended or repealed, at the option of the board,

(a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or

(b) with the consent of at least 2/3 of the participants.

(2) Sections 801.4 (2) [consent on behalf of municipal electors] and 801.5 (2) to (4) [consent on behalf of electoral area electors] apply to consent under subsection (1) (b) of this section.

(3) A bylaw amending or repealing an establishing bylaw has no effect unless it is approved by the inspector.

(4) The minister may order that a bylaw amending or repealing an establishing bylaw may only be adopted in accordance with the requirements applicable to the adoption of the bylaw that it repeals or amends.

(5) In addition to the requirement under subsection (1) or (4), as applicable, the minister may order that, before the bylaw is adopted, it must receive the approval of the electors

(a) in one or more specified participating areas, or in specified parts of one or more participating areas, or

(b) in the entire service area,

obtained in accordance with section 801.2 [approval by voting] or 801.3 [approval by counter petition], as specified by the minister.

(6) Section 159 (3) [minister may waive requirement for assent] does not apply to a bylaw amending or repealing an establishing bylaw.

(7) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw amending or repealing an establishing bylaw with the inspector after it has been adopted.

Changes to participating and service areas

802.1 (1) A bylaw amending an establishing bylaw may provide for changes to the boundaries of a service area, including merging 2 or more service areas.

(2) If a bylaw amending an establishing bylaw extends an existing service to a new participating area, the proposed participating area must be included as a participating area and the participant for the proposed participating area must be included as a participant for the purposes of section 802.

Amending bylaws that are needed for authority to borrow

802.2 (1) Subject to subsection (2), if

(a) a bylaw amending an establishing bylaw, or

(b) a conversion bylaw under section 774.2 (3)

is required in order to borrow money for a service, the amending or conversion bylaw and the loan authorization bylaw may, for the purposes of obtaining approval of the electors under sections 801 to 801.5, be dealt with as if they were one bylaw.

(2) The minister may order that approval of the electors to an amending or conversion bylaw referred to in subsection (1) must be obtained separately from the approval of the loan authorization bylaw.

Special provisions respecting service withdrawal

802.3 If a bylaw adds, repeals or amends provisions of an establishing bylaw referred to in section 800.2 (1) (d) [terms and conditions for withdrawal], each participant must consent to the changes before the bylaw is submitted for approval in accordance with the requirements of section 802.

Division 4.2 Cost Recovery for Services

Options for cost recovery

803 (1) A regional district may recover the costs of its services by one or more of the following:

(a) property value taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];

(b) subject to subsection (2), parcel taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];

(c) fees and charges imposed under section 797.2 [general authority in relation to fees];

(d) revenues raised by other means authorized under this or another Act;

(e) revenues received by way of agreement, enterprise, gift, grant or otherwise.

(2) Parcel taxes may not be used to recover all or part of the costs of a regulatory service.

(3) In the case of a service for which an establishing bylaw is required, if all or part of the costs are to be recovered by one or more of the methods referred to in subsection (1) (a) to (c), the establishing bylaw must indicate which methods are to be used.

Costs of services

803.1 (1) All costs incurred by a regional district in relation to a service, including costs of administration attributable to the service, are part of the costs of that service.

(2) Subject to subsection (3), the amount required by a board

(a) for a payment authorized under section 287.2 [indemnification against proceedings],

(b) to satisfy a judgment or other order of a court against the regional district, or

(c) to satisfy an award or other order of an arbitrator against the regional district

is deemed to be costs of the service out of which the action arose.

(3) If the legal action or other proceeding arose from the negligence of the board, the amount is deemed to be costs of the general administration service referred to in section 800 (2) (a).

(4) If a regional district undertakes a service after conducting a feasibility study in respect of the service, the costs of that study are deemed to be costs of that service.

(5) If a referendum under section 797.3 [referendums regarding services] is limited to all or part of the service area for an existing service, the costs of the referendum are deemed to be costs of the service.

(6) For the purposes of apportionment under this Division and requisition under Division 4.3 [Requisition and Tax Collection], the costs of providing a service are deemed to be the costs that are to be recovered by means of property value taxes or parcel taxes.

Apportionment of costs

804 (1) If the establishing bylaw sets the method for apportioning the costs of providing a service, those costs must be apportioned among the participating areas in accordance with the bylaw.

(2) If the method of apportionment is not set by establishing bylaw, the costs of providing a service must be apportioned on the basis of the converted value of land and improvements in the service area as follows:

(a) if there is an establishing bylaw but it does not set out the method of apportionment, among the participating areas for the service;

(b) if there is no establishing bylaw and the method of apportionment is not otherwise set by or under this or another Act, among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;

(c) in the case of electoral area administration,

(i) subject to subparagraph (ii), among all the electoral areas, with the service area deemed to be all the electoral areas, and

(ii) if the board provides that some or all of the costs are to be apportioned among the electoral areas that the board considers benefit from the administration, those costs must be apportioned among those electoral areas, with the service area deemed to be all those electoral areas;

(d) in the case of feasibility studies in relation to proposed services, if no service is established and the board provides that the costs are to be apportioned among the electoral areas, among all the electoral areas, with the service area deemed to be all those electoral areas;

(e) in the case of services related to an approving officer, if the board is authorized to appoint the approving officer under section 77.1 of the Land Title Act, among all the electoral areas, with the service area deemed to be all those electoral areas;

(f) in the case of a service that is in relation to a regional growth strategy for an area that is less than the entire regional district, among the areas for which the regional growth strategy is initiated or adopted, with the service area being all those areas;

(g) in the case of assistance under section 176 (1) (c) [corporate powers assistance], other than assistance under a partnering agreement referred to in section 183, at the option of the board,

(i) in accordance with paragraph (b), or

(ii) among the municipalities or electoral areas benefiting from the assistance, with the service area deemed to be all those areas;

(h) in the case of a referendum under section 797.3 [referendums regarding services] that is not limited to all or part of the service area for an existing service, among the municipalities and electoral areas in which the referendum is held, with the service area deemed to be all those areas;

(i) in the case of a local community commission under section 838, entirely from the local community, with the service area deemed to be that local community;

(j) in the case of a mountain resort business improvement area under section 651.2, entirely from that area, with the service area deemed to be the mountain resort business improvement area;

(k) in the case of services under Part 26, in accordance with section 804.1 [cost sharing for Part 26 services].

Cost sharing for Part 26 services

804.1 (1) The costs of services under Part 26 [Planning and Land Use Management] must be apportioned on the basis of the converted value of land and improvements in the service area as follows:

(a) if no municipality has entered into an agreement under subsection (2) or opted out under subsection (3), among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;

(b) subject to paragraphs (c) and (d), if one or more municipalities have opted out under subsection (3) and are no longer participants, among the electoral areas and any municipalities that have not opted out, with the service area deemed to be those areas;

(c) if one or more municipalities have entered into an agreement under subsection (2) to share only some of the costs, those costs are to be recovered in accordance with the agreements and the remaining costs are to be apportioned among the other participants;

(d) if a municipality is liable for costs under subsection (6) or (7), those costs are to be recovered from the municipality and the remaining costs are to be apportioned among the other participants.

(2) The board and a municipality may enter into an agreement that the municipality is to share in some but not all of the costs of services under Part 26, to the extent set out in the agreement and in accordance with the terms and conditions for the municipality's participation established by the agreement.

(3) Subject to subsection (4), a municipality may opt out of participation in services under Part 26 by giving notice to the board, before August 31 in any year, that until further notice it will no longer share the costs of services under Part 26.

(4) A municipality that is a party to an agreement under subsection (2) may give notice under subsection (3) only in the last year of the term of the agreement.

(5) After notice is given under subsection (3), the municipality ceases to be a participant in the services, effective at the start of the following year.

(6) As an exception to subsection (5), if a municipality that is not a party to an agreement under subsection (2) gives notice under subsection (3) after a board has passed a resolution authorizing the preparation of an official community plan or bylaw under Part 26, the municipality continues as a participant and must share the costs in that preparation until the earlier of the following:

(a) the date the plan or bylaw is adopted;

(b) 2 years after the date the resolution is passed.

(7) Subsection (6) also applies to a municipality that is a party to an agreement under subsection (2) if the official community plan or bylaw is in relation to the Part 26 services for which the municipality shares costs under the agreement.

Valuation information and apportionment adjustments

804.2 (1) As soon as practicable after the relevant information is available, the assessment commissioner must provide to the designated regional district officer and to the inspector

(a) the net taxable value of land and improvements, and

(b) the converted value of land and improvements

in each municipality, electoral area and participating area.

(2) If adjustments are made under the Assessment Act to the values referred to in subsection (1), the assessment commissioner must provide particulars to the designated regional district officer and to the inspector.

(3) If, in respect of a year,

(a) adjustments referred to in subsection (2) are made, and

(b) the share of the cost of all the services of the regional district that was apportioned to and borne by a municipality or an electoral area in that year would, had those adjustments been taken into account, have increased or decreased by more than $1 000,

the share of the cost apportioned to and borne by the municipalities and electoral areas must be adjusted in a manner directed by the minister in the next requisition after the adjustment.

Tax base for property value taxes

804.3 (1) In the case of a participating area for a service for which no establishing bylaw is required, property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.

(2) In the case of a municipal participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:

(a) the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes;

(b) the assessed value of land in the participating area, other than land exempt from taxation for municipal purposes;

(c) the assessed value of improvements in the participating area, other than improvements exempt from taxation for municipal purposes;

(d) the net taxable value of land and improvements in the participating area;

(e) the net taxable value of land in the participating area;

(f) the net taxable value of improvements in the participating area.

(3) As an exception to subsection (2), for a municipal participating area that is all or part of the City of Vancouver, property value taxes may be imposed on the basis set out in the establishing bylaw for the service.

(4) If a board fails to exercise its authority under subsection (2) or (3), property value taxes must be imposed on the basis of the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes.

(5) In the case of an electoral participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:

(a) the net taxable value of land and improvements in the participating area;

(b) the net taxable value of land in the participating area;

(c) the net taxable value of improvements in the participating area.

(6) If a board fails to exercise its authority under subsection (5), property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.

Division 4.3 Requisition and Tax Collection

Requisition of funds from municipalities

805 (1) On or before April 10 in each year, the designated regional district officer must send to each municipality a requisition in respect of each service stating the amount required from the municipality for the service during the year.

(2) An amount requisitioned under this section is a debt due by the municipality to the regional district, and the council must pay it to the board on or before August 1 of the current year.

Collection in municipalities

805.1 (1) If a requisition is delivered to a municipality, the amount requisitioned must be collected by the municipality as follows:

(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax in accordance with Division 1 of Part 10.1 using the tax base authorized under section 804.3 [tax base for property value taxes];

(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax in accordance with Division 2 of Part 10.1.

(2) Part 10.1 [Taxes, Fees and Charges] applies for the purposes of taxation under this section.

(3) If a participating area is only part of a municipality, taxes under this section in respect of the service may only be imposed in the municipal participating area for the service.

Requisition of funds for electoral areas

806 (1) On or before April 10 in each year, the designated regional district officer must send to the inspector a requisition in respect of each service stating the amount required during the year in respect of each electoral participating area.

(2) The inspector

(a) must consider whether the amounts requisitioned are budgeted,

(b) if satisfied that an amount has not been budgeted, or has been budgeted for a purpose not within the powers of the board, may deduct that amount from the appropriate requisition, and

(c) must send the examined requisitions to the Minister of Finance and Corporate Relations.

(3) The amounts requisitioned under this section may be paid by the Minister of Finance and Corporate Relations from the consolidated revenue fund.

Collection in electoral areas

806.1 (1) If a requisition is delivered to the Minister of Finance and Corporate Relations, the amount requisitioned must be collected by the Provincial government as follows:

(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax within the electoral participating areas in accordance with the Taxation (Rural Area) Act, having due regard to the tax base authorized under section 804.3 [tax base for property value taxes];

(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the electoral participating areas, on the basis of the assessment roll under subsection (2).

(2) If a parcel tax is to be imposed under this section,

(a) the board must, by bylaw, provide for the preparation of an assessment roll for each parcel of land in the service area, and for these purposes Division 2 of Part 10.1 [Taxes, Fees and Charges Parcel Taxes] applies,

(b) the authenticated assessment roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and

(c) the authenticated assessment roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.

(3) The Minister of Finance and Corporate Relations may direct that an amount to cover the costs and outlays of assessment and collection is to be added to and included as part of an amount to be levied and collected under this section.

(4) An amount to be recovered under this section must be imposed by the Provincial government as if it were a tax under the Taxation (Rural Area) Act, and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes imposed under this section.

Amounts to be paid over to regional district

807 (1) On or before February 1 in each year, the amount received by a municipality, or by the Surveyor of Taxes for an electoral area, by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Grants Act, 1980 (Canada) in the immediately preceding year must be paid to the board.

(2) The amount received by a municipality by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Aid Act or from a Crown corporation or agency must be paid to the board promptly after receipt.

(3) An amount paid under subsection (1) or (2) must be applied proportionately to the accounts for the services in respect of which the grant is paid.

Division 4.4 Tax Rates and Exemptions

Variable tax rate system

808 (1) In this section, "variable tax rate system" means a system under this section by which individual tax rates for a specific taxation year are determined and imposed for each property class to which the system applies.

(2) Despite section 806.1 [collection in electoral areas] but subject to the regulations under this section, a board may, by bylaw, establish an annual variable tax rate system for a specified taxation year.

(3) A variable tax rate system

(a) may only apply to tax rates for one or more of regional district services,

(b) may only vary tax rates for property classes 2, 4 and 5, and

(c) must not result in the ratios between the tax rate for a property class referred to in paragraph (b) and the tax rate for property class 1 exceeding either

(i) the applicable ratio prescribed under subsection (6), if any, or

(ii) the applicable ratio under section 20 (2) of the Taxation (Rural Area) Act.

(4) For each service subject to a variable tax rate system, the bylaw must set out the ratio between the tax rate for each property class subject to the system and the tax rate for property class 1.

(5) A bylaw under subsection (2) must be approved by the inspector and, for this purpose, must be submitted to the inspector by January 31 in the taxation year for which it is to apply.

(6) Subject to subsection (8), the Lieutenant Governor in Council may make regulations respecting variable tax rate systems, including regulations doing one or more of the following:

(a) prescribing limits on tax rates;

(b) prescribing ratios between the tax rate for a property class and the tax rate for property class 1;

(c) prescribing formulas for calculating the limits or ratios referred to in paragraph (a) or (b).

(7) Regulations under subsection (6) may prescribe different tax limits, ratios or formulas in relation to one or more of the following:

(a) different property classes;

(b) different regional districts;

(c) different services;

(d) different service areas;

(e) different types of participating areas.

(8) A regulation under subsection (6) may not prescribe a ratio for the purposes of subsection (3) (c) that would exceed the applicable ratio established under section 20 (2) of the Taxation (Rural Area) Act.

Property tax exemptions

809 (1) Land and improvements owned or held by a regional district are exempt from taxation when used for its own purposes, but otherwise are subject to taxation, as applicable,

(a) under section 357 as if the property were owned by a municipality, or

(b) under section 18 (4) of the Taxation (Rural Area) Act as if the property belonged to the Crown.

(2) Despite subsection (1), the owner of land or improvements, or both, leased or rented to the regional district is liable for the payment of taxes that would otherwise be imposed with respect to that property under any Act.

(3) On or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, exempt the property described in subsection (4) from taxation under this Part for

(a) the next calendar year, or

(b) with the assent of the electors, a specified period not longer than 10 years.

(4) The following property that is in an electoral area may be exempted from taxation under subsection (3):

(a) land or improvements, or both, owned or held by, or held in trust by the owner for, an athletic or service organization and used principally for public athletic or recreation purposes;

(b) land or improvements, or both, used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall that the board considers necessary to the church;

(c) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a board of school trustees;

(d) land that is owned and used exclusively by an agricultural or horticultural society and that is in excess of the area exemption under section 15 (1) (j) of the Taxation (Rural Area) Act;

(e) an interest held by a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees;

(f) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a francophone education authority.

(5) An exemption under subsection (3) may be limited to a specified portion of the net taxable value of the property to which the exemption applies.

(6) If, because of a change in the use or ownership of property exempted from taxation by bylaw under subsection (3), the property no longer meets the requirements for exemption established by subsection (4), the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.

(7) Assent of the electors as required by subsection (3) (b) is obtained if, by voting conducted throughout the regional district, a majority of the votes counted as valid in all voting on the bylaw is in favour of the bylaw.

(8) Part 4 applies to voting for the purposes of subsection (7), with voting to be conducted either, at the option of the board,

(a) by the board throughout the regional district, or

(b) by the council of each municipality and by the board for that part of the regional district that is not in a municipality, with the results of voting in these areas totalled to determine whether assent has been obtained.

Exemptions for heritage properties

810 (1) In this section and section 810.1, "eligible heritage property" means property in an electoral area that is

(a) protected heritage property,

(b) subject to a heritage revitalization agreement under section 966, or

(c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.

(2) Despite section 182 [prohibition against assistance to business] but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt from taxation under this Part all or part of

(i) the eligible heritage property, and

(ii) if the eligible heritage property is a building or other improvement so affixed to the land as to constitute real property, an area of land surrounding the eligible heritage property;

(b) limit an exemption under paragraph (a) to a specified portion of the net taxable value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not longer than 10 years.

(4) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (3) (b) of this section must

(a) identify the eligible heritage property that would be subject to the bylaw, and

(b) describe the exemption that would be made for the eligible heritage property.

(5) Within 30 days after adopting a bylaw under this section, the board must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with section 977.

Repayment requirement in relation to heritage exemptions

810.1 (1) A bylaw under section 810 may provide that, if any of the following circumstances as specified in the bylaw occurs, the board may require the owner of the eligible heritage property at that time to pay to the regional district the amount calculated under subsection (2):

(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;

(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;

(c) if any other circumstances specified in the bylaw occur.

(2) The amount that may be required under subsection (1) is the amount equivalent to

(a) the total taxes exempted under the bylaw under section 810

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 379 [taxes in arrear].

(3) A bylaw under section 810 that includes a provision under subsection (1) may only be adopted with the consent of the current owner of the eligible heritage property to which the bylaw applies.

(4) If a bylaw under section 810 includes a provision under subsection (1), within 30 days after the bylaw is adopted, the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 [notice on land titles] applies.

(5) If a bylaw under section 810 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).

(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may

(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible heritage property, in which case section 376 (2) (b), (3) and (4) [special fees and charges that are to be collected as taxes] applies, or

(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.

Exemptions for riparian property

811 (1) In this section and section 811.1:

"eligible riparian property" means property that meets all the following requirements:

(a) the property must be riparian land;

(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;

(c) the regional district granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;

(d) any other requirements prescribed under subsection (6);

"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of

(a) the area of the eligible riparian property that is exempted under subsection (2) (a)

to

(b) the area of the parcel of land in relation to which the exemption is made.

(2) Despite section 182 [prohibition against assistance to business] but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible riparian property from taxation under this Part;

(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.

(4) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.

(5) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (4) (b) of this section must

(a) identify the eligible riparian property that would be subject to the bylaw, and

(b) describe the exemption that would be made for the eligible riparian property.

(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.

Repayment requirement in relation to riparian exemptions

811.1 (1) A bylaw under section 811 may provide that, if

(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,

(b) the covenant is discharged before the end of the period of the exemption, or

(c) any other circumstances specified in the bylaw occur,

the board may require the owner of the eligible riparian property at that time to pay to the regional district the amount referred to in subsection (2).

(2) The amount that may be required under subsection (1) is the amount equivalent to

(a) the total taxes exempted under the bylaw under section 811

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 379 [taxes in arrear].

(3) A bylaw under section 811 that includes a provision under subsection (1) may only be adopted with the consent of the owner of the eligible riparian property to which the bylaw applies.

(4) If a bylaw under section 811 includes a provision under subsection (1), within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 [notice on land titles] applies.

(5) If a bylaw under section 811 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).

(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may

(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible riparian property, in which case section 376 (2) (b), (3) and (4) [special fees and charges that are to be collected as taxes] applies, or

(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.

Tax exemptions under a partnering agreement

812 (1) A board may, by bylaw, exempt from taxation under this Part, all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the regional district, during all or part of the term of the agreement.

(2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose.

(3) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for a period that by exercising rights of renewal or extension could exceed 5 years, then the board must provide a counter petition opportunity in relation to the proposed bylaw.

(4) An exemption under this section takes effect as follows:

(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year;

(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year.

(5) If, because of a change in the use or ownership of property exempted from taxation by bylaw under this section the property no longer meets the requirements for exemption, the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.

103 Section 800.2 (1) is amended by adding the following paragraphs:

(c.1) provide a time period for the purposes of section 813.04 (1) (a) [minimum participation time before service review can be initiated] that is less than the period established by that provision;

(c.2) provide an alternative review process that is different than the service review process established by Division 4.5 [Dispute Resolution in Relation to Services]; .

104 Section 802.3 is renumbered as section 802.3 (1) and the following subsections are added:

(2) If the inspector If a bylaw repealing an establishing bylaw is submitted to the inspector for approval and the inspector is not satisfied that all participants in a service have reached agreement respecting the termination of a service, the inspector must refer the matter to the minister, who must

(a) direct the participants and the board to undertake negotiations on the matters related to terminating the service, or

(b) if the minister is satisfied that agreement under paragraph (a) is unlikely, direct that the parties proceed to mediation or arbitration.

(3) The minister may specify the length of time that negotiations under subsection (2) (a) must continue and may extend this time period before or after it has expired.

(4) The participants and board must conduct negotiations under subsection (2) (a) in good faith, making reasonable efforts to reach an agreement that will permit resolution of the matters.

(5) If the parties have not reached agreement by the end of the time period for negotiations under subsection (2) (a), the minister must direct that the parties proceed to mediation or arbitration.

(6) For the purposes of subsections (2) (b) and (5), subject to any regulations under subsection (7),

(a) sections 813.09 to 813.19 [service withdrawal] apply as if this were a service withdrawal under Division 4.5 [Dispute Resolution in Relation to Services] of this Part, and

(b) section 813.03 [costs of process] applies as if this were a service review process under that Division.

(7) The minister may make regulations respecting mediation and arbitration under this section, including regulations providing exceptions to or modifications of a provision referred to in subsection (6) or a regulation under section 813.19.

105 Section 806 (2) is repealed and the following substituted:

(2) The inspector

(a) must consider whether the amounts requisitioned are included in the financial plan for that year,

(b) if satisfied that an amount has not been included in the financial plan, or has been included for a purpose not within the powers of the board, may deduct that amount from the appropriate requisition, and

(c) must send the examined requisitions to the Minister of Finance and Corporate Relations.

106 The following Division is added in Part 24:

Division 4.5 Dispute Resolution in Relation to Services

Definitions

813 For the purposes of this Division:

"final resolution" means the establishment of the terms and conditions for withdrawal from a service by an arbitrator's decision under section 813.13 [arbitration process] or 813.15 [direction to further arbitration in certain cases];

"initiating participant" means a participant who gave notice under section 813.04 [initiating a service review] or 813.08 [initiating service withdrawal], as applicable;

"notice of withdrawal" means notice under section 813.14 (1) (d) (i) [initiating participant decision to proceed with withdrawal];

"service review" means a review of participation in one or more services in accordance with the process under sections 813.04 to 813.07;

"service withdrawal" means proposed withdrawal from participation in one or more services in accordance with the process under sections 813.08 to 813.18. to 813.19.

Minister may appoint facilitators

813.01 (1) The minister may appoint facilitators for the purposes of this Division, whose responsibilities are to monitor service reviews and service withdrawals, and to assist the parties in reaching agreement in those processes, by

(a) facilitating negotiations,

(b) facilitating resolution of issues, and

(c) assisting in setting up and using mediation or other non-binding resolution processes.

(2) On receiving a notice under section 813.04 [initiating a service review] or 813.08 [initiating service withdrawal], the minister may designate a person appointed under subsection (1) as the facilitator responsible to assist the parties in relation to the matter.

(3) Subject to subsection (4), at any time during a service review or service withdrawal, the facilitator designated under subsection (2) is to provide the assistance described in subsection (1) if requested to do so by a party.

(4) The authority for the facilitator to provide assistance in relation to a service withdrawal ends at the time an arbitration referred to in section 813.13 begins.

(5) Once a facilitator becomes involved under this section, the parties must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.

Parties to a service review or service withdrawal

813.02 (1) The parties to a service review or service withdrawal are

(a) the initiating participant,

(b) any other participant in the service, and

(c) the board.

(2) The representatives for the parties to a service review or service withdrawal are the following:

(a) in the case of a municipal participating area,

(i) a council member appointed by the council, or

(ii) if no appointment is made, the mayor;

(b) in the case of an electoral participating area, the director of the electoral area;

(c) in the case of the board,

(i) a director appointed by the board, or

(ii) if no appointment is made, the chair.

(3) The board and any municipal participant may make an appointment referred to in subsection (2) and, if this is done, must notify the other parties as to the person who is to be their representative in the service review or service withdrawal.

Costs of service review or service withdrawal

813.03 (1) Costs incurred by a party in respect of their own participation in a service review or service withdrawal may only be recovered as follows:

(a) in the case of costs incurred by a municipal participant, the costs must be recovered from the municipal participating area on the same basis as other costs of the service are recovered from that participating area;

(b) in the case of costs incurred by an electoral area participant, the costs are deemed to be costs of the service and must be recovered from the participating area on the same basis as other costs of the service are recovered from that participating area;

(c) in the case of costs incurred by the board, the costs are deemed to be costs of the service and must be apportioned and recovered from the service area on the same basis as other costs of the service.

(2) Unless otherwise agreed by the parties to a service review or service withdrawal or, in the case of arbitration, unless otherwise directed by the arbitrator,

(a) the fees of any mediator or arbitrator engaged to conduct or participate in the process, other than the fees of a facilitator under section 813.01 [minister may appoint facilitators],

(b) the administrative costs of the process, other than costs incurred by the parties in respect of their own participation in the process, and

(c) any other costs with respect to the service review or service withdrawal that are not costs referred to in subsection (1)

are deemed to be costs of the service and must be recovered in accordance with subsection (3).

(3) The costs to be recovered under subsection (2) must be assigned, apportioned and recovered as follows:

(a) in the case of a service review that dealt with only one service, the costs must be apportioned between and recovered from the participating areas on the same basis as other costs of the service;

(b) in the case of a service review that dealt with more than one service, the costs must be

(i) assigned proportionately between the services under review at the time those costs were incurred, on the basis of the relative expenditures provided for the services in the previous year's budget, and

(ii) for each service, apportioned and recovered in accordance with paragraph (a);

(c) in the case of a service withdrawal that dealt with only one service, subject to a regulation under subsection (4), the costs must be

(i) assigned proportionally between the service area and the participating area for the initiating participant, on the basis of the converted value of land and improvements in those areas,

(ii) for costs assigned to the service area, apportioned and recovered in accordance with paragraph (a), and

(iii) for costs assigned to the initiating participant, recovered on the same basis that other costs of the service are recovered from the participating area;

(d) in the case of a service withdrawal that dealt with more than one service, subject to a regulation under subsection (4), the costs must be

(i) assigned proportionately between the services under review at the time those costs were incurred, on the basis of the relative expenditures provided for the services in the previous year's budget, and

(ii) for each service, assigned, apportioned and recovered in accordance with paragraph (c).

(4) The Lieutenant Governor in Council may make regulations providing how costs are to be assigned under subsection (3) (c) and (d) in cases where there is more than one initiating participant.

Initiating a service review

813.04 (1) A participant may initiate a service review under this Division if all the following circumstances apply:

(a) the participant has been a participant in the service for at least 5 years or, if applicable, the shorter time period provided in the establishing bylaw for the service;

(b) the service has not been subject to a service review that was initiated within the past 3 years;

(c) the establishing bylaw does not include provisions under section 800.2 (1) (c.2) establishing an alternative review process;

(d) the participant considers that the terms and conditions of participation in the service are not satisfactory.

(2) To initiate a service review, a participant must give written notice to the board, all other participants in the service and the minister.

(3) The notice under subsection (2) must

(a) describe the terms and conditions of participation in the service that the participant finds unsatisfactory,

(b) give reasons, relating to those terms and conditions, as to why the participant wishes to initiate the service review, and

(c) describe how the participant has previously attempted to resolve the issues.

(4) A participant who wishes to initiate service reviews for more than one service must give separate notice under this section for each service.

(5) In the case of a service review in relation to the exercise of authority under supplementary letters patent, the minister may determine what is to be considered a separate service under that authority for the purposes of this Division.

Other issues and services may be dealt with in one service review

813.05 (1) The following issues may be addressed by a service review:

(a) the issues raised by the notice under section 813.04 [initiating a service review];

(b) any other issue respecting the service raised by a party at a preliminary meeting under section 813.06 [preliminary meeting];

(c) if the other parties agree, an issue respecting the service raised by a party after the preliminary meeting.

(2) In addition to the issues under subsection (1), if

(a) at the same time or after the service review is initiated, another service review is initiated by notice under section 813.04 [initiating a service review] in respect of the same or another service,

(b) the other parties to the initial service review agree, and

(c) if applicable, any participants in the other service who are not parties to the initial service review also agree,

the service reviews may be combined and dealt with in the same service review.

Preliminary meeting

813.06 (1) Within 120 days after receiving a notice under section 813.04 [initiating a service review], the board must arrange a preliminary meeting of all party representatives for the purpose of

(a) reviewing the terms and conditions of the service, and

(b) establishing a negotiation process for addressing

(i) the issues raised in the notice, and

(ii) any other issues raised by a party during the meeting,

with a view to reaching an agreement on the negotiation process and the issues to be addressed in the negotiations.

(2) If a facilitator has been designated under section 813.01 [minister may appoint facilitator], the board must give notice of the preliminary meeting to the facilitator.

(3) The requirement for a meeting under subsection (1) does not apply to a service review that is combined under section 813.05 with another service review that was previously initiated.

Negotiations to resolve issues

813.07 (1) Within 60 days after the preliminary meeting under section 813.06 [preliminary meeting] was convened, or the first such meeting was convened if there is more than one, the parties must begin negotiations for the purpose of reaching agreement on the relevant issues.

(2) All parties must negotiate in good faith, making reasonable efforts to reach an agreement respecting the issues being addressed in the service review.

Initiating service withdrawal

813.08 (1) A participant may initiate service withdrawal if all the following circumstances apply:

(a) the service has been subject to

(i) a service review that was initiated within the past 3 years, or

(ii) an alternative review process in accordance with establishing bylaw provisions under section 800.2 (1) (c.2) that was started within the past 3 years;

(b) the first meeting respecting the review, which in the case of a service review is the first preliminary meeting under section 813.06 [preliminary meeting], was convened more than 8 months ago;

(c) the service is not

(i) a service referred to in section 800 (2) [services for which no establishing bylaw required],

(ii) a regulatory service, or

(iii) a service prescribed under subsection (5).

(2) A participant may initiate service withdrawal under this Division even if the establishing bylaw provides terms and conditions for withdrawal under section 800.2 (1) (d).

(3) To initiate service withdrawal, a participant must give written notice to the board, all other participants in the service and the minister.

(4) The notice under subsection (3) must

(a) describe the terms and conditions of participation in the service that the participant finds unsatisfactory, and

(b) give reasons, relating to those terms and conditions, as to why the participant wishes to withdraw from the service.

(5) The Lieutenant Governor in Council may make regulations excluding services from withdrawal under this Division.

(6) Regulations under subsection (5) may be different for different regional districts and different circumstances.

Minister's direction on process

813.09 (1) After receiving a notice under section 813.08 [initiating service withdrawal], unless the matter is to be dealt with in another service withdrawal under section 813.10, the minister must do one of the following:

(a) if the establishing bylaw provides an alternative review process and the minister considers that agreement may be reached by a service review under this Division, terminate the service withdrawal and direct the parties to engage in a service review;

(b) direct the parties to engage in further negotiations, specifying a time period within which the parties must conclude negotiations;

(c) direct the parties to engage in mediation under section 813.12 [mediation], specifying a time period within which the mediation must be concluded;

(d) if satisfied that agreement is unlikely under paragraph (a), (b) or (c), direct that the terms and conditions for withdrawal from the service be resolved by arbitration under section 813.13 [arbitration].

(2) The minister may extend a time period established under subsection (1) (b) or (c) before or after it has expired.

(3) If no agreement is reached from negotiations under subsection (1) (b) within the applicable time period, the minister must direct the parties to engage in mediation or arbitration in accordance with subsection (1) (c) or (d).

Addition of further initiating participants or further services

813.10 (1) If, at the same time or after a service withdrawal is initiated, the minister receives another notice under section 813.08 [initiating service withdrawal] respecting the same or any other service of the same regional district,

(a) in the case of a service withdrawal that is in negotiation under section 813.09 (1) (b) or mediation under section 813.12, the minister may direct that the matter be dealt with as part of the initial service withdrawal, and

(b) in the case of a service withdrawal that is in arbitration under section 813.13, the minister must refer the matter to the arbitrator who may direct that it be dealt with as part of the initial service withdrawal.

(2) Before making a direction under subsection (1), the minister or arbitrator must consult with

(a) the parties in the initial service withdrawal,

(b) if applicable, the mediator, and

(c) if applicable, any participants in the other service who are not parties to the initial service withdrawal.

Early termination of process

813.11 A service withdrawal may be ended at any stage of the process

(a) by agreement between the parties,

(b) if there is only one notice under section 813.08 [initiating service withdrawal] in respect of the process, at the option of the initiating participant, or

(c) if there is more than one notice under section 813.08 [initiating service withdrawal] in respect of the process, by agreement between the initiating participants.

Mediation

813.12 (1) If mediation is directed under section 813.09 (1) (c) [minister's direction on process], the mediator must be selected

(a) by agreement between the parties, or

(b) if the minister considers that the parties will not be able to reach agreement, by the minister.

(2) The mediation is to be a process of negotiation by the parties, undertaken with the assistance of a neutral and impartial person, for the purpose of reaching a mutually acceptable resolution of the relevant issues.

(3) The mediator must give notice to the minister when the mediation is concluded.

(4) Subject to subsection (5), if agreement on the terms and conditions for withdrawal is not reached during the mediation or within 60 days after the mediation is concluded, the terms and conditions for withdrawing from the service must be resolved by arbitration under section 813.13 [arbitration].

(5) The minister may extend the time period under subsection (4) before or after it has expired.

Arbitration

813.13 (1) If agreement in relation to service withdrawal cannot otherwise be reached under this Division, the terms and conditions for withdrawal must be resolved before a single arbitrator by

(a) final proposal arbitration in accordance with subsection (4), or

(b) full arbitration in accordance with subsection (5).

(2) The choice of process under subsection 1) subsection (1) (a) or (b) is to be determined by agreement between the parties but, if the minister considers that they will not be able to reach agreement, the minister must direct which procedure is to be used.

(3) The arbitrator is to be selected from a list prepared by the minister in consultation with the Union of British Columbia Municipalities, and is to be selected

(a) by agreement between the parties, or

(b) if the minister considers that the parties will not be able to reach agreement, by the minister.

(4) Subject to any regulations under section 813.19, the following apply to final proposal arbitration under this section:

(a) the arbitrator must conduct the proceedings on the basis of a review of written documents and written submissions only, and must determine each disputed issue by selecting one of the final written proposals submitted by the parties respecting that issue;

(b) in making a determination under paragraph (a), the arbitrator must consider any terms and conditions established under section 800.2 (1) (d) [establishing bylaw provisions respecting withdrawal];

(c) the terms and conditions for service withdrawal must be resolved by the arbitrator after incorporation of the final proposals selected under paragraph (a) in respect of each issue;

(d) no written reasons are to be provided by the arbitrator.

(5) Subject to any regulations under section 813.19, the following apply to full arbitration under this section:

(a) the arbitrator may conduct the proceedings at the times and in the manner he or she determines;

(b) the arbitrator must consider any terms and conditions referred to in section 800.2 (1) (d) [establishing bylaw provisions respecting withdrawal];

(c) the terms and conditions for service withdrawal must be resolved by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues;

(d) for an arbitration involving more than one initiating participant, the final resolution may establish different terms and conditions for service withdrawal depending on which participants decide to withdraw under the final resolution;

(e) the arbitrator must give written reasons for the decision.

(6) The Commercial Arbitration Act does not apply to arbitration under this Division.

Initiating participant must respond to final resolution

813.14 (1) Within one year after final resolution under section 813.13 [arbitration] or a longer time established under subsection (2) of this section, each initiating participant must do one of the following and must notify the minister and board as to whichever applies:

(a) agree to continue as a participant on the current terms and conditions;

(b) agree with the board and the other participants on new terms and conditions for continued participation in the service;

(c) agree with the board and the other participants on terms and conditions for withdrawal that differ from the final resolution;

(d) seek approval of the electors regarding withdrawal from the service in accordance with the final resolution and, as applicable,

(i) if that approval is obtained and the participant decides to proceed with withdrawal, agree to withdraw from the service in accordance with the final resolution, or

(ii) if that approval is not obtained, or the approval is obtained but the participant decides not to proceed with withdrawal, agree to continue as a participant on the current terms and conditions.

(2) The minister may extend the time period under subsection (1) before or after it has expired.

(3) If the board and the participants do not adopt the bylaws and take the other actions required to implement an agreement referred to in subsection (1) (b) or (c) within the applicable time period under subsection (1), the initiating participant is deemed to have given notice of continuation under subsection (1) (a) unless it has given notice of withdrawal before the end of that period.

(4) Approval of the electors under subsection (1) (d) is obtained by one of the following:

(a) assent of the electors in the participating area in accordance with section 801.2 [approval by voting];

(b) in the case of a service referred to in section 801.3 (1) [approval by counter petition], approval of the electors in the participating area by counter petition opportunity in accordance with that section;

(c) in the case of a municipal participating area that is all of the municipality, consent given on behalf of the electors in accordance with section 801.4 (2) [consent on behalf of municipal electors].

(5) If the service withdrawal is related to more than one service,

(a) approval must be sought in respect of all services considered together, which are deemed to be a single matter requiring approval,

(b) approval under subsection (4) (b) may only be used if each of the services are services referred to in section 801.3 (1) (a) or (b) [approval by counter petition], and

(c) approval under subsection (4) (c) may only be used if the municipal participating area for each of the services is all of the municipality.

Direction to further arbitration in certain cases

813.15 (1) The minister must direct that a new arbitration under section 813.13 [arbitration] be undertaken, if

(a) a service withdrawal involved more than one initiating participant,

(b) only some of the initiating participants give notice of withdrawal, and

(c) the final resolution does not include applicable provisions under section 813.13 (5) (d) [arbitration separate terms and conditions].

(2) For the purposes of arbitration under subsection (1), the participants who gave the notice of withdrawal are deemed to be the initiating participants.

When final resolution becomes binding

813.16 A final resolution becomes binding on all parties as follows:

(a) in the case of a service withdrawal involving only one initiating participant, if the initiating participant gives notice of withdrawal, the final resolution becomes binding when that notice is given;

(b) in the case of a service withdrawal involving more than one initiating participant, if all initiating participants give notice of withdrawal, the final resolution becomes binding when the last of these notices is given;

(c) in the case of a service withdrawal involving more than one initiating participant, if

(i) one or more initiating participants give notice of withdrawal, and

(ii) the final resolution includes applicable provisions under section 813.13 (5) (d) [arbitration separate terms and conditions],

the applicable provisions of the final resolution become binding when all of the initiating participants have given notice under section 813.14 (1) (a) or (d) or at the end of the time period under that section, whichever is earlier.

Implementation of final resolution by bylaw

813.17 (1) The board and the participants must adopt the bylaws and take the other actions required to implement the terms and conditions of a final resolution within 90 days after it becomes binding under section 813.16 [when arbitrator's decision becomes binding].

(2) Despite any other provision of this Act, approval of the electors is not required for a bylaw referred to in subsection (1).

(3) The minister may extend the time period under subsection (1) before or after it has expired.

Failure to adopt required bylaws

813.18 (1) If the board or a municipal participant does not adopt the bylaws required under section 813.17 [implementation by bylaw], on the recommendation of the minister, the Lieutenant Governor in Council may, by order, implement the terms and conditions of the final resolution.

(2) An order under subsection (1) is deemed to be a bylaw of the applicable local government.

Regulations respecting arbitrations

813.19 (1) The minister may make regulations respecting arbitrations under this Division and, without limiting this, may make regulations as follows:

(a) respecting matters that an arbitrator must or may consider;

(b) respecting the authority of an arbitrator to resolve the terms and conditions for withdrawing from a regional district service;

(c) respecting the authority of an arbitrator to require the cooperation of local governments and electoral area directors in relation to the arbitration.

(2) Regulations under this section may be different for final proposal arbitration, full arbitration and arbitration directed under section 813.15 [direction to further arbitration in certain cases].

107 Section 813.03 (3) (b) (i) and (d) (i) is amended by striking out "previous year's budget," and substituting "previous year's financial plan,".

108 Section 814 is amended

(a) by repealing subsections (2) and (4) to (6), and

(b) by repealing subsection (7) and substituting the following:

(7) The following apply to regional districts:

section 336 [investment of funds];

Division 2 of Part 9 [Financial Reporting];

Division 3 of Part 9 [Audit];

Division 5 of Part 9 [Restrictions on Use of Municipal Funds].

109 Sections 815 to 818 are repealed.

110 Section 819 (9) and (10) is repealed and the following substituted:

(9) If section 800.1 (1) (e) [requisition limits in establishing bylaw] applies in relation to a service, the budgeted revenue to be obtained by requisition for a service must not exceed the maximum amount set under that section.

(10) The limit of the budgeted expenditure for providing assistance under section 804 (2) (g) [apportionment assistance other than under partnering agreement] is the amount that would be obtained by a tax of 10¢ per $1 000 on the net taxable value of land and improvements in the regional district.

111 Sections 820 and 821 are repealed.

112 Sections 822 to 825 are repealed.

113 Section 827 is repealed.

114 Division 5 of Part 24 is repealed and the following substituted:

Division 5 Financial Operations

General accounting rules

814 (1) The regional district officer assigned responsibility under section 199 [financial administration] must keep separate financial records for each service that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details.

(2) The following apply to a regional district:

section 336 [investment of funds];

Division 2 of Part 9 [Financial Reporting];

Division 3 of Part 9 [Audit];

Division 5 of Part 9 [Restrictions on Use of Municipal Funds].

(3) Part 13 [Special Funds], other than sections 498 [reserve fund from tax sale money] and 500 [local improvement fund], applies to a regional district.

(4) For the purposes of subsection (3), the provisions of Part 13 relating to special funds apply as though each service were the only service provided by the regional district, and all accounting and other matters relating to a special fund must be kept separate for each service.

Financial plan

815 (1) A regional district must have a financial plan that is adopted annually, by bylaw, by March 31.

(2) For certainty, the financial plan may be amended by bylaw at any time.

(3) The planning period for a financial plan is 5 years, being the year in which it is specified to come into force and the following 4 years.

(4) The financial plan must set out the following for each year of the planning period, shown separately for each service:

(a) the proposed expenditures for the service;

(b) the proposed funding sources for the service;

(c) the proposed transfers between funds in respect of the service.

(5) For any year, the total of the proposed expenditures and transfers to other funds in respect of a service must not exceed the total of the proposed funding sources and transfers from other funds for the service.

(6) The proposed expenditures for a service must set out separate amounts for each of the following as applicable:

(a) the amount required to pay interest and principal on regional district debt;

(b) the amount required for capital purposes;

(c) the amount required for a deficiency referred to in subsection (11);

(d) the amount required for other purposes.

(7) The proposed funding sources for a service must set out separate amounts for each of the following as applicable:

(a) revenue from property value taxes;

(b) revenue from parcel taxes;

(c) revenue from fees and charges;

(d) revenue from other sources;

(e) proceeds from borrowing, other than borrowing under section 821 [revenue anticipation borrowing].

(8) The proposed transfers between funds in respect of a service must set out separate amounts for each of the following as applicable:

(a) special funds under section 814 (3);

(b) development cost charge funds;

(c) accumulated surplus.

(9) As a limit on expenditures, the amounts that may be included in a financial plan as expenditures respecting assistance to be apportioned under section 804 (2) (g) [assistance other than under a partnering agreement] must not, in total, exceed the amount that would be obtained by a tax of 10¢ per $1 000 on the net taxable value of land and improvements in the regional district.

(10) As a limit on revenues,

(a) if section 800.1 (1) (e) [requisition limits in establishing bylaw] applies in relation to a service, the total of the amounts included under subsection (7) (a) and (b) for the service must not exceed the maximum amount set under that section, and

(b) the total of the amounts requisitioned under sections 805 [municipal requisitions] and 806 [electoral area requisitions] in respect of the service must not exceed the amounts included under subsection (7) (a) and (b).

(11) If actual expenditures and transfers to other funds in respect of a service for a year exceed actual revenues and transfers from other funds in respect of the service for the year, the resulting deficiency must be included in the next year's financial plan as an expenditure for the service in that year.

Process requirements for financial plan

816 (1) A board must undertake a process of public consultation regarding the proposed financial plan before it is adopted.

(2) The designated regional district officer must send a copy of the financial plan to each municipality in the regional district and to the inspector.

Limit on expenditures

817 (1) A regional district must not make an expenditure other than one authorized under subsection (2) or (3).

(2) A regional district may make an expenditure that is provided for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.

(3) A regional district may make an expenditure for an emergency that was not contemplated for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.

(4) In relation to the authority under subsection (3), the board must establish procedures

(a) to authorize expenditures under that subsection, and

(b) to provide for such expenditures to be reported to the board at a regular meeting.

(5) If an expenditure is made under subsection (3), as soon as practicable, the board must amend the financial plan in respect of the service to include the expenditure and the funding source for the expenditure.

(6) For certainty, the authority under subsection (3) does not include the authority to borrow for the purpose of making the expenditure.

Limit on borrowing and other liabilities

818 (1) A regional district may only incur a liability under the authority of this or another Act.

(2) A regional district must not incur a liability for which expenditures are required during the planning period for its financial plan unless those expenditures are included for the applicable year in the financial plan.

(3) Subsection (2) does not apply to a debt under section 821 [revenue anticipation borrowing].

Application of municipal provisions

819 The following sections apply to regional districts:

section 334.2 [authority to incur prescribed liabilities];

section 335 [loan authorization bylaws];

section 335.2 [temporary borrowing under loan authorization bylaw];

section 335.3 [security issuing bylaws];

section 335.5 [appeal from inspector's decision].

Liabilities under agreements

820 (1) A board may, under an agreement, incur a liability if

(a) the liability is not a debenture debt, and

(b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement.

(2) If an agreement under subsection (1) is

(a) for more than 5 years, or

(b) for a period that by exercising rights of renewal or extension could exceed 5 years,

the board must not incur the liability until it has provided a counter petition opportunity in relation to the proposed liability within the service area in respect of which the liability is to be incurred.

(3) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (2) must include the nature, term and amount of the liability.

(4) As an exception to subsection (2), a counter petition opportunity is not required for a liability to be incurred under an employment contract or collective agreement.

Revenue anticipation borrowing

821 (1) A board may, by bylaw, provide for the borrowing of money that may be necessary to meet its current lawful expenditures before its revenue, from all sources, to pay for those expenditures has been received.

(2) Money borrowed under this section must be repaid when the anticipated revenue with respect to which the borrowing was authorized is received.

Short term capital borrowing

822 (1) A board may, by bylaw adopted with the approval of the inspector, contract a debt for any purpose of a capital nature related to the service under section 800 (2) (a) [general administration].

(2) A bylaw and the debt under this section must comply with the following:

(a) the debt must not cause the aggregate liabilities under this section to exceed the sum of $50 000 plus the product of $2 multiplied by the population of the regional district;

(b) the debt and securities for it must be payable no later than the lesser of

(i) 5 years from the date on which the securities were issued, or

(ii) the reasonable life expectancy of the capital asset for which the debt is contracted;

(c) the bylaw must set out

(i) the amount of the debt intended to be incurred, and

(ii) in brief and general terms, the purpose for which the debt is to be incurred.

(3) For the purposes of subsection (2) (a), the population of the regional district is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known.

Loan authorization bylaws

823 (1) In addition to the requirements of section 335 [loan authorization bylaws], a regional district loan authorization bylaw must identify the service to which it relates.

(2) In addition to approval of the inspector, a loan authorization bylaw must receive the approval of the electors in the service area to which the bylaw relates.

(3) As an exception to subsection (2), approval of the electors is not required if the money to be borrowed is for a purpose referred to in section 335 (1) (c) to (e) [borrowings for court orders and other matters].

(4) Subject to this section, Division 4.1 [Establishing Bylaws] applies for the purposes of obtaining approval required by subsection (2).

(5) Approval of the electors is given by one of the following:

(a) assent of the electors in accordance section 801.2 [approval by voting];

(b) approval of the electors by counter petition opportunity;

(c) if permitted under subsection (8) or (9), consent given on behalf of the electors in accordance with section 801.4 (2) [consent on behalf of municipal electors] or 801.5 (2) to (4) [consent on behalf of electoral area electors].

(6) If a board exercises the option of seeking assent of the electors to a loan authorization bylaw, rather than providing a counter petition opportunity, any number of specified services is deemed to be a single distinct purpose for the purposes of section 160 (1) [each vote must be for a distinct purpose].

(7) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (5) (b) must include the information referred to in section 335 (2) [loan authorization bylaw].

(8) Consent on behalf of municipal electors may be given if the borrowing is in relation to a service where a municipal participating area is all of the municipality.

(9) Consent on behalf of electoral area electors may be given if the borrowing is in relation to a service that was requested by petition under section 797.4 [petition for services] and the petition contemplated the borrowing.

(10) A loan authorization bylaw may not be adopted in relation to a service referred to in section 800 (2) (h) [grants for mountain resort business improvement areas].

(11) Section 802 (1) to (6) [amendment or repeal of establishing bylaw] applies to the amendment or repeal of a loan authorization bylaw.

Financing municipal undertakings

824 (1) A regional district may finance, at the request and sole cost of a municipality, an undertaking

(a) for which the council of the municipality has adopted a security issuing bylaw in accordance with this Act, or

(b) in the case of the City of Vancouver, for which the council has passed a bylaw or resolution authorizing the borrowing of money under the Vancouver Charter.

(2) For the purpose of this financing, the board may adopt a security issuing bylaw without adopting a loan authorization bylaw, and the bylaw must state, as its authorization, the bylaw or resolution referred to in subsection (1).

(3) The municipality must provide for and pay over to the regional district the sums required to discharge its obligations in accordance with the terms of debentures issued to the regional district or agreements entered into under section 335.3 [security issuing bylaws] or under the Vancouver Charter.

(4) If the sums provided for in the debentures or under the agreements, as referred to in subsection (3), are not sufficient to meet the obligations of the board, the deficiency is a liability of the municipality to the regional district.

Security issuing bylaws may combine borrowing

825 A regional district security issuing bylaw may include borrowing under section 824 [financing municipal undertakings], as well as borrowing by the regional district for its own purposes.

General liability provisions

826 (1) Money borrowed by a regional district must be on its credit at large and, in the event of default, constitutes an indebtedness of the municipalities and electoral areas in the regional district that they are jointly and severally liable to repay.

(2) If a municipality defaults on the payment of money due and payable by it to the regional district, the Lieutenant Governor in Council may, at the request of the board, appoint a commissioner for the municipality and, on being appointed, the commissioner has all the powers and duties of a commissioner appointed under Part 30 [Administrative Commissioner].

115 Section 838 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A board may, by bylaw, establish in an electoral area one or more local communities to be administered by local community commissions. ,

(b) in subsection (6) by adding the following paragraph:

(a.1) provide that the number of elected commissioners is to be 6; ,

(c) by repealing subsection (8) (a) and substituting the following:

(a) unless the bylaw provides otherwise under subsection (6) (a.1), 4 elected commissioners, and , and

(d) by adding the following subsection:

(8.1) A commissioner must have the qualifications to hold office as a director.

116 Section 838 (12) is repealed.

117 Section 839 is repealed.

118 Section 841 is repealed.

119 Sections 842 to 845.3 are repealed.

120 Section 847 (2) and (3) is repealed.

121 Section 848 is amended in the definition of "affected local government" by striking out "Act,;" and substituting "Act;".

122 Section 856 (1) (a) (iii) is repealed and the following substituted:

(iii) assisting local governments in setting up and using non-binding resolution processes, and .

123 Section 857 (4) (a) is amended by striking out "community plans" and substituting "official community plans" .

124 Section 858 (3) is repealed and the following substituted:

(3) For the purposes of this section, the facilitator may extend the period for acceptance or refusal under section 857 (4) (b) before or after the end of that period.

125 Section 862 (7) is repealed and the following substituted:

(7) The minister may make regulations regarding settlement processes under section 861, which may be different for different settlement processes, including regulations

(a) respecting matters that a panel or arbitrator may or must consider,

(b) respecting the authority of a panel or arbitrator to settle a regional growth strategy, and

(c) respecting the authority of a panel or arbitrator to require the cooperation of local governments in relation to the settlement processes.

126 Section 871 is amended by striking out "a rural land use bylaw," .

127 The heading to Part 26 is repealed and the following substituted:

Part 26 Planning and Land Use Management .

128 Section 872 is amended

(a) in the definition of "adopt" by striking out "official plan" and substituting "official community plan", and

(b) by repealing the definition of "rural land use bylaw" .

129 Section 873 is repealed and the following substituted:

Authority under Part

873 Unless express authority is given by another provision of this Part,

(a) the authority of a municipality under this Part is limited to the municipality, and

(b) the authority of a regional district under this Part is limited to that part of the regional district that is not in a municipality.

Rural land use bylaws

873.1 (1) A rural land use bylaw adopted under section 886, before that section was repealed by the Local Government Statutes Amendment Act, 2000, is deemed to be a comprehensive general bylaw under section 259.1.

(2) The provisions of a rural land use bylaw are deemed to be provisions of an official community plan, zoning bylaw or subdivision servicing bylaw, as applicable depending on their nature, included in a comprehensive general bylaw.

(3) Section 876 (2) (a) [OCP to be included as schedule to adopting bylaw] does not apply to a rural land use bylaw.

130 Section 874 (1) is amended by striking out "Division 2, 3," and substituting "Division 2,".

131 Sections 875 and 876 are repealed and the following substituted:

Purposes of official community plans

875 (1) An official community plan is a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan, respecting the purposes of local government.

(2) To the extent that it deals with these matters, an official community plan should work towards the purpose and goals referred to in section 849 [regional growth strategy goals].

Authority to adopt by bylaw

876 (1) A local government may, by bylaw, adopt one or more official community plans.

(2) An official community plan

(a) must be included in the adopting bylaw as a schedule, and

(b) must designate the area covered by the plan.

(3) In developing an official community plan, the local government must consider any applicable guidelines under section 870 [provincial policy guidelines].

132 Section 877 (1) and (2) is amended by striking out "A community plan" and substituting "An official community plan".

133 Section 878 is amended

(a) in subsection (1) by striking out "A community plan" and substituting "An official community plan", and

(b) in subsection (2) by striking out "a community plan," and substituting "an official community plan,".

134 Sections 877 and 878 are repealed and the following substituted:

Content

877 (1) Subject to this Part, an official community plan may contain any statements and material the local government considers appropriate.

(2) Without limiting subsection (1), an official community plan may include designations under one or more of the following:

section 919.1 [development permit areas];

section 920.01 [approval information areas or circumstances];

section 920.2 [temporary commercial and industrial use permits];

section 970.1 [heritage conservation areas].

(3) If a local government proposes to include a matter in an official community plan, the regulation of which is not within the jurisdiction of the local government, the plan may only state the broad objective of the local government with respect to that matter.

135 Sections 879 to 880 are repealed and the following substituted:

Consultation during OCP development

879 (1) During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected.

(2) For the purposes of subsection (1), the local government must

(a) consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing, and

(b) specifically consider whether consultation is required with

(i) the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan,

(ii) the board of any regional district that is adjacent to the area covered by the plan,

(iii) the council of any municipality that is adjacent to the area covered by the plan,

(iv) first nations,

(v) school district boards, greater boards and improvement district boards, and

(vi) the Provincial and federal governments and their agencies.

(3) Consultation under this section is in addition to the public hearing required under section 882 (3) (d).

136 Section 881 (1) is amended by striking out "a community plan" and substituting "an official community plan".

137 Sections 882 and 883 are repealed and the following substituted:

Adoption procedures

882 (1) An official community plan must be adopted by bylaw in accordance with this section.

(2) Each reading of a bylaw under subsection (1) must receive,

(a) in the case of a municipal bylaw, an affirmative vote of a majority of all council members, and

(b) in the case of a regional district bylaw, an affirmative vote of all directors affirmative vote of a majority of all directors entitled under section 791 [voting on resolutions and bylaws] to vote on the bylaw.

(3) After first reading of a bylaw under subsection (1), the local government must, in sequence, do the following:

(a) consider the plan in conjunction with

(i) its financial plan or capital expenditure program, as applicable, and

(ii) any waste management plan that is applicable in the municipality or regional district;

(b) in the case of a municipal plan that includes a regional context statement under section 878 (1) (b), refer the statement to the board of the regional district of which the municipality is a member for comment;

(c) unless exempted under subsection (6), if the plan applies to land in an agricultural land reserve established under the Agricultural Land Reserve Act, refer the plan to the Land Reserve Commission for comment;

(d) hold a public hearing on the proposed official community plan in accordance with Division 4 [Public Hearings on Bylaws].

(4) Unless exempted under subsection (6), a regional district bylaw under subsection (1) may only be adopted with the approval of the minister.

(5) In addition to the requirements under subsection (3), a local government may consider a proposed official community plan in conjunction with any other land use planning and with any social, economic, environmental or other community planning and policies that the local government considers relevant.

(6) The minister may make regulations doing one or more of the following:

(a) in relation to subsection (3),

(i) defining areas for which and describing circumstances in which referral to the Land Reserve Commission under subsection (3) (c) is not required, and

(ii) providing that an exception under subparagraph (i) is subject to the terms and conditions specified by the minister;

(b) in relation to subsection (4),

(i) defining areas for which and describing circumstances in which approval by the minister under that subsection is not required, and

(ii) providing that an exception under subparagraph (i) is subject to the terms and conditions specified by the minister.

(7) Regulations under subsection (6) (b) may be different for different regional districts, different areas and different circumstances.

138 Section 882 (3) (a) (i) is repealed and the following substituted:

(i) its financial plan, and .

139 Section 882 (3) (b) is repealed.

140 Section 885 is repealed.

141 Division 3 of Part 26 is repealed.

142 Section 890 is amended

(a) in subsection (1) by striking out "a community plan bylaw, rural land use bylaw or zoning bylaw" and substituting "an official community plan bylaw or a zoning bylaw", and

(b) by adding the following subsection:

(3.1) Subject to subsection (3), the chair of the public hearing may establish procedural rules for the conduct of the hearing.

143 Section 892 (1) (b) is repealed and the following substituted:

(b) in the case of a public hearing on an official community plan that includes a schedule under section 970.1 (3) (b), in accordance with section 974.

144 Section 893 (3) to (7) is repealed and the following substituted:

(3) Section 892 (3) to (7) applies to a notice under subsection (2), except that

(a) the last publication under section 892 (3) is to be not less than 3 and not more than 10 days before the bylaw is given third reading, and

(b) the delivery under section 892 (4) (b) is to be at least 10 days before the bylaw is given third reading.

145 Section 895 (1) is amended by striking out "an official community plan, a zoning bylaw or a rural land use bylaw" and substituting "an official community plan bylaw or a zoning bylaw".

146 Section 897 is repealed.

147 Section 898 is amended

(a) in subsection (1) by striking out "Divisions 2, 3," and substituting "Divisions 2,", and

(b) in subsection (2) by striking out "a community plan, or a rural land use bylaw" and substituting "an official community plan".

148 Section 899 (1) is amended by striking out "or a rural land use bylaw".

149 Section 901 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A person may apply to a board of variance for an order under subsection (2) if the person considers that compliance with any of the following would cause them hardship:

(a) a bylaw respecting the siting, dimensions or size of a building or structure;

(b) a subdivision servicing requirement under section 938 (1) (c) in an area zoned for agricultural or industrial use;

(c) the prohibition of a structural alteration or addition under section 911 (5) [non-conforming uses and siting];

(d) a bylaw respecting the siting of a manufactured home in a manufactured home park;

(e) a bylaw under Division 2 of Part 22 [Miscellaneous Powers Protection of Trees], other than

(i) a bylaw under section 711, or

(ii) a bylaw that has an effect referred to in section 714 (1), if the council has taken action under subsection (2) of that section to compensate or mitigate the hardship that is caused to the person.

(1.1) As a restriction on subsection (1) (a) and (b), a person may not apply under those provisions unless, at least 45 days before making the application under this section, the person has applied for a development variance permit under section 922 in respect of the matter. ,

(b) by repealing subsection (3) (d) (ii) and substituting the following:

(ii) that is scheduled under section 970.1 (3) (b) or contains a feature or characteristic identified under section 970.1 (3) (c), or , and

(c) by repealing subsection (7) and substituting the following:

(7) In relation to an order under subsection (2),

(a) if the order sets a time within which the construction of the building, structure or manufactured home park must be completed and the construction is not completed within that time, or

(b) if that construction is not substantially started within 2 years after the order was made, or within a longer or shorter time period established by the order,

the permission or exemption terminates and the bylaw or section 911 (5), as the case may be, applies.

150 The heading to Division 7 of Part 26 is repealed and the following substituted:

Division 7 Zoning and Other Development Regulation .

151 Section 903 is amended

(a) in subsection (5) by striking out "Despite subsections (1) to (4)," and substituting "Despite subsections (1) to (4) but subject to subsection (6),", and

(b) by adding the following subsections:

(6) The minister responsible for the Farm Practices Protection (Right to Farm) Act may make regulations

(a) defining areas for which and describing circumstances in which approval under subsection (5) is not required, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by that minister.

(7) Regulations under subsection (6) may be different for different regional districts, different municipalities, different areas and different circumstances.

152 Section 910 is amended

(a) by repealing subsection (3) and substituting the following:

(3) Unless exempted under subsection (8), a bylaw under subsection (1) or (2) has no effect until it has been approved by the Minister of Environment, Lands and Parks. , and

(b) by adding the following subsections:

(8) The Minister of Environment, Lands and Parks may make regulations

(a) defining areas for which and describing circumstances in which approval under subsection (3) is not required, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by that minister.

(9) Regulations under subsection (8) may be different for different regional districts, different municipalities, different areas and different circumstances.

153 Section 911 is amended

(a) in subsection (1) by striking out "If, at the time of the enactment of a rural land use bylaw or adoption of a bylaw under this Division," and substituting "If, at the time a bylaw under this Division is adopted,",

(b) in subsection (3) by striking out "the enactment of a rural land use bylaw or",

(c) in subsection (6) by striking out "the enactment of the rural land use bylaw or",

(d) in subsection (8) by striking out "a rural land use bylaw or", and

(e) in subsection (9) by striking out "a rural land use bylaw or".

154 Section 912 (1) is amended by striking out "a rural land use bylaw or".

155 Section 913 (1) is amended by striking out "a rural land use bylaw,".

156 Section 914 is amended

(a) in subsection (1) by striking out ", a rural land use bylaw", and

(b) in subsection (2) by striking out "rural land use bylaw or".

157 Section 915 is amended

(a) in subsection (2) by striking out "rural land use bylaw or", and

(b) by repealing subsection (3) and substituting the following:

(3) Subsections (1) and (2) cease to have effect in an area after a zoning bylaw for that area is approved under section 903 (5).

158 Section 916 (2) is amended by striking out "rural land use bylaws,".

159 Section 917 is amended

(a) in subsection (1) by striking out "Subject to receiving the approval of the minister, a local government" and substituting "A local government", and

(b) by adding the following subsections:

(3) Unless exempted under subsection (4), a bylaw under subsection (1) may only be adopted with the approval of the minister.

(4) The minister may make regulations

(a) defining areas for which and describing circumstances in which approval under subsection (3) is not required, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by the minister.

(5) Regulations under subsection (4) may be different for different regional districts, different municipalities, different areas and different circumstances.

160 Section 918 is amended by striking out "887 (8)," in both places.

161 Section 919 is amended

(a) in subsection (1) by striking out "887 (8) or",

(b) by repealing subsection (2),

(c) in subsection (3) by striking out "A council to which a regulation applies must review all zoning bylaws of the council" and substituting "A board, council or local trust committee to which a regulation applies must review all its zoning bylaws",

(d) by repealing subsection (4) and substituting the following:

(4) During the first 3 years after a regulation applies to a board, council or local trust committee, or during any extension to that 3 year period that the minister may grant, the board, council or local trust committee may, by bylaw, amend its zoning bylaws, in order to achieve consistency between the bylaws as they relate to any farming areas within the geographic area to which the regulation applies and the standards established under section 916 by the minister. , and

(e) in subsection (5) by striking out "rural land use bylaws and".

162 The following section is added in Division 9 of Part 26:

Designation of development permit areas

919.1 (1) An official community plan may designate development permit areas for one or more of the following purposes:

(a) protection of the natural environment, its ecosystems and biological diversity;

(b) protection of development from hazardous conditions;

(c) protection of farming;

(d) revitalization of an area in which a commercial use is permitted;

(e) establishment of objectives for the form and character of intensive residential development;

(f) establishment of objectives for the form and character of commercial, industrial or multi-family residential development.

(2) With respect to areas designated under subsection (1), the official community plan must

(a) describe the special conditions or objectives that justify the designation, and

(b) specify guidelines respecting the manner by which the special conditions or objectives will be addressed.

(3) As an exception to subsection (2) (b), the guidelines referred to in that subsection may be specified by zoning bylaw but, in this case, the designation is not effective until the zoning bylaw has been adopted.

(4) If an official community plan designates areas under subsection (1), the plan or a zoning bylaw may, with respect to those areas, specify conditions under which a development permit under section 920 (1) would not be required.

163 Section 920 is amended

(a) in subsection (1) by striking out "879 (1)" wherever is appears and substituting "919.1 (1)" and by striking out "879 (3)" and substituting "919.1 (4)",

(b) by repealing subsection (3) and substituting the following:

(3) The authority under subsection (2) must be exercised only in accordance with the applicable guidelines specified under section 919.1 in an official community plan or zoning bylaw. ,

(c) in subsections (5), (7) and (7.1) by striking out "879" wherever it appears and substituting "919.1",

(d) in subsection (8) by striking out "879 (1) (d) or (e)," and substituting "919.1 (1) (d), (e) or (f),",

(e) by repealing subsection (9) and substituting the following:

(9) If land has been designated under section 919.1 (1) (f), a development permit may include requirements respecting the character of the development, as referred to in subsection (8) of this section, but only in relation to the general character of the development and not to particulars of the landscaping or of the exterior design and finish of buildings and structures. ,

(f) in subsection (10) by striking out "879" and substituting "919.1", and

(g) in subsection (11) by striking out "a professional engineer with experience in geotechnical engineering," and substituting "a professional engineer with experience relevant to the applicable matter,".

164 The following section is added:

Designation of development approval information areas or circumstances

920.01 (1) For the purposes of section 920.1, an official community plan may do one or more of the following:

(a) specify circumstances in which development approval information may be required under that section;

(b) designate areas for which development approval information may be required under that section;

(c) designate areas for which, in specified circumstances, development approval information may be required under that section.

(2) An official community plan that specifies circumstances or designates areas under subsection (1) must describe the special conditions or objectives that justify the specification or designation.

165 Section 920.1 (2) is amended by striking out "section 879.1" and substituting "section 920.01".

166 The following section is added:

Designation of temporary commercial and industrial use permit areas

920.2 For the purposes of section 921,

(a) an official community plan, or

(b) a zoning bylaw

may designate areas where temporary commercial and industrial uses may be allowed and may specify general conditions regarding the issue of temporary commercial and industrial use permits in those areas.

167 Section 921 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) On application by an owner of land, a local government may issue a temporary commercial or industrial use permit

(a) by resolution, in relation to land within an area designated under section 920.2, or

(b) by bylaw, in relation to land within an area outside a municipality, if there is no official community plan in effect for the area. ,

(b) in subsection (3) by striking out "or rural land use bylaw", and

(c) by repealing subsection (7) and substituting the following:

(7) Sections 890, 891, 892, 894 and 913 apply to a bylaw under subsection (1) (b).

168 Section 922 (1) is repealed and the following substituted:

(1) On application by an owner of land, a local government may, by resolution, issue a development variance permit that varies, in respect of the land covered in the permit, the provisions of a bylaw under any of the following:

Division 7 [Zoning and Other Development Regulation];

Division 8 [Use of Land for Agricultural Operations];

Division 11 [Subdivision and Development Requirements];

section 694 (1) (j) [construction and layout of trailer courts, etc.].

169 Section 924 is repealed and the following substituted:

Approval required for development near controlled access highway

924 (1) If a zoning bylaw is subject to section 54 (2) of the Highway Act, this section applies in relation to permits under this Division in respect of property within the area covered by the bylaw.

(2) Unless exempted under subsection (4), a permit for the construction of commercial or industrial buildings exceeding 4 500 square metres in gross floor areas must not be issued unless a site plan of the buildings, including traffic circulation and parking areas and facilities, has been approved by the minister responsible for the Highway Act.

(3) In considering whether to approve a site plan under subsection (2), the minister referred to in subsection (2) must consider only the effect of the proposed development on the controlled access highway.

(4) The minister referred to in subsection (2) may make regulations

(a) defining areas for which and describing circumstances in which approval under subsection (2) of this section or under section 930 (4) is not required, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by that minister.

(5) Regulations under subsection (4) may be different for different regional districts, different municipalities, different areas and different circumstances.

170 Section 929 (1) (a) to (c) is repealed and the following substituted:

(a) an official community plan, or

(b) a bylaw under sections 903 to 907 or 910 .

171 Section 930 is amended

(a) in subsection (4) by striking out "If a parcel" and substituting "Unless exempted by regulation under section 924 (4) [controlled access highways], if a parcel",

(b) by repealing subsection (6) and substituting the following:

(6) Unless exempted under subsection (7) or (8), a bylaw of a regional district amending a land use contract must not be adopted until it has been approved by the minister. , and

(c) by repealing subsection (8) and substituting the following:

(8) The minister may make regulations

(a) defining areas for which and describing circumstances in which approval under subsection (6) is not required, and

(b) providing that an exception under paragraph (a) is subject to terms and conditions specified by the minister.

(8.1) Regulations under subsection (8) may be different for different regional districts, different areas and different circumstances.

172 Section 931 (1) (a) is amended by striking out "Division 2, 3," and substituting "Division 2,".

173 Section 932 is amended by adding the following definition:

"capital costs" includes

(a) planning, engineering and legal costs directly related to the work for which a capital cost may be incurred under this Division, and

(b) interest costs directly related to the work that are approved by the inspector to be included as capital costs; .

174 Section 936 (5) is repealed and the following substituted:

(5) If land is to be provided under subsection (1), either

(a) a registerable transfer of the land must be provided to the local government, or

(b) a plan of subdivision on which the land is shown as park must be deposited in the land title office, in which case section 941 (13) and (14) applies.

175 Section 938 (3.1) (a) and (b) is repealed and the following substituted:

(a) must be approved by the minister responsible for the Highway Act, if the regional district provides the services referred to in section 800 (2) (i) [approving officer services], and

(b) may be approved by that minister for the purposes of section 13.1 (4) of that Act.

176 Section 941 is amended

(a) in subsection (2) by striking out "or a rural land use bylaw",

(b) by repealing subsection (3) and substituting the following:

(3) Despite subsections (1) and (2), if a regional district does not provide a community parks service, the option under subsection (1) (b) does not apply and the owner must provide land in accordance with subsection (1) (a). ,

(c) by repealing subsection (5) and substituting the following:

(5) Subsection (1) does not apply to

(a) a subdivision by which fewer than 3 additional lots would be created, except as provided in subsection (5.1),

(b) a subdivision by which the smallest lot being created is larger than 2 hectares, or

(c) a consolidation of existing parcels.

(5.1) Subsection (1) does apply to a subdivision by which fewer than 3 additional lots would be created if the parcel proposed to be subdivided was itself created by subdivision within the past 5 years. ,

(d) in subsection (6) by striking out "opts to" and substituting "is to",

(e) by repealing subsection (12) and substituting the following:

(12) If an owner pays money for park land under this section, the municipality or regional district must deposit this in a reserve fund under Part 13 established for the purpose of acquiring park lands. , and

(f) by adding the following subsection:

(14) Section 107 of the Land Title Act applies to park land referred to in subsection (13), except that

(a) in the case of land within a municipality, title vests in the municipality, and

(b) in the case of land outside a municipality, title vests in the regional district if it provides a community parks service.

177 Section 946 is amended

(a) by repealing subsection (5) and substituting the following:

(5) A bylaw under subsection (4) does not apply to land within an agricultural land reserve established under the Agricultural Land Reserve Act, with the exception of land to which section 21 (1) or (2) of that Act applies. , and

(b) in subsection (8) by adding "or that is within such a reserve but is land to which section 21 (1) or (2) of that Act applies," after "Agricultural Land Reserve Act,".

178 Section 947 (2) is amended in the definition of "heritage conservation area" by striking out "section 880 (1)" and substituting "section 970.1 (1)".

179 Section 947 (3) is amended by striking out "section 799 (1) (j)." and substituting "800.1 (2) (h) [services related to heritage conservation]."

180 Section 953 is repealed and the following substituted:

Community heritage commissions

953 (1) In addition to the authority under section 176 (1) (g), a local government may designate an existing organization to act as a community heritage commission.

(2) When it is acting as a community heritage commission, an organization designated under subsection (1) is deemed to be a commission established under section 176 (1) (g) and, when a member of the organization is acting as a member for these purposes, the member is deemed to be a member of a commission established under that section.

181 Section 966 (2) (b) (i) is repealed.

182 The following section is added:

Designation of heritage conservation areas

970.1 (1) For the purposes of heritage conservation, an official community plan may designate an area as a heritage conservation area to which section 971 (1) applies.

(2) If a heritage conservation area is designated under subsection (1),

(a) the official community plan must

(i) describe the special features or characteristics that justify the designation, and

(ii) state the objectives of the designation, and

(b) either the official community plan or a zoning bylaw must specify guidelines respecting the manner by which the objectives are to be achieved.

(3) If a heritage conservation area is designated under subsection (1), the official community plan may do one or more of the following:

(a) specify conditions under which section 971 (1) does not apply to property within the area, which may be different for different properties or classes of properties;

(b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;

(c) for the purposes of section 971 (3), identify features or characteristics that contribute to the heritage value or heritage character of the area.

(4) At least 10 days before the public hearing on an official community plan that includes a schedule under subsection (3) (b), the local government must give notice in accordance with section 974 to the owner of each property that is to be included in the schedule, unless the property was already included in the schedule.

(5) Within 30 days after the adoption of a bylaw that includes a property in or deletes a property from a schedule under subsection (3) (b) to an official community plan, the local government must

(a) file a notice in the land title office in accordance with section 976, and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 977.

183 Section 971 is amended

(a) in subsection (2) by striking out "section 880" and substituting "section 970.1", and

(b) in subsection (3) (b) by striking out "section 880" and substituting "section 970.1".

184 Section 972 is amended

(a) by repealing subsection (2) (a), and

(b) by repealing subsection (4) (c) and substituting the following:

(c) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under section 970.1 (2) (b) for the heritage conservation area.

185 Section 974 (1) is repealed and the following substituted:

(1) Any notice required to be given to an owner or occupier under section 970.1 (4) [designation of heritage conservation area] or this Part must be given to the owner or occupier in accordance with this section.

186 Section 976 (1) (a) is amended by striking out "845 (1);" and substituting "810.1 (1) [repayment requirements in relation to heritage exemptions];" .

187 Section 977 (1) (a) is amended by striking out "844;" and substituting "810 [exemptions for heritage properties];".

188 Section 977 (1) (b) is repealed and the following substituted:

(b) heritage property included under section 970.1 (3) (b) in a schedule to an official community plan;.

189 Section 978 (1) is amended by striking out "844 (5)" and substituting "810 (5)".

190 Section 978 (1) is amended by striking out "section 880 (4) or (5)." and substituting "section 970.1 (4) or (5)."

Part 2 Consequential and Other Amendments

Changes Consequential to New Title

191 The Acts listed in Column 1 of the Schedule to this Act are amended in the provisions listed opposite them in Column 2 of the Schedule by striking out "Municipal Act" wherever it appears and substituting "Local Government Act".

Agricultural Land Reserve Act

192 Section 15 (4) (b) of the Agricultural Land Reserve Act, R.S.B.C. 1996, c. 10, is amended by striking out ", rural land use bylaw".

193 Section 22 (2) (b) is amended by striking out ", rural land use bylaw".

194 Section 47 (1) (a) is amended by striking out ", rural land use bylaw".

Assessment Act

195 Section 19 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by adding the following subsection:

(7.1) Despite any provision of this Act, if a natural area exemption certificate under Part 7.1 of the Islands Trust Act applies to a parcel, the actual value of the parcel is deemed to be what it would be if

(a) the protection covenant to which the natural area exemption certificate relates did not apply, and

(b) no natural area exemption certificate was in effect.

196 Section 19 (10) (c) is amended by striking out "section 880" and substituting "section 970.1".

Emergency Program Act

197 Section 1 (1) of the Emergency Program Act, R.S.B.C. 1996, c. 11, c. 111, is amended in paragraph (b) of the definition of "local authority" by striking out "under section 800 (2) (a) of" and substituting "under the Emergency Program Act by a regulation under section 799 (1) (a) of".

Expropriation Act

198 Section 20 (3) (d) of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by striking out "or rural land use bylaw under Part 26 of" and substituting "under".

199 Section 33 (g) is amended by striking out "community plan" and substituting "official community plan".

Farm Practices Protection (Right to Farm) Act

200 Section 2 (3) (a) of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended by striking out "799 (1) (a) or (b)" and substituting "797.1 (1) (c) or (d)".

Forest Land Reserve Act

201 Section 14 (3) of the Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is amended by striking out ", rural land use bylaw".

Greater Vancouver Sewerage and Drainage District Act

202 Section 10 of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by adding the following subsection:

(5) In subsection (4), a reference to a provision that was amended or repealed by the Local Government Statutes Amendment Act, 2000 is deemed to be a reference to the provision as it read immediately before the amendment or repeal and, for these purposes, the provision is deemed not to have been amended or repealed by that Act.

203 Section 58.1 is amended by repealing the definition of "capital costs" and substituting the following:

"capital costs" includes

(a) planning, engineering and legal costs directly related to providing, constructing, altering or expanding sewerage facilities of the Corporation, and

(b) interest costs directly related to those activities that are approved by the inspector of municipalities to be included as capital costs; .

Greater Vancouver Water District Act

204 Section 12 of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is amended by adding the following subsection:

(6) In subsection (4), a reference to a provision that was amended or repealed by the Local Government Statutes Amendment Act, 2000 is deemed to be a reference to the provision as it read immediately before the amendment or repeal and, for these purposes, the provision is deemed not to have been amended or repealed by that Act.

Highway Act

205 Section 52 of the Highway Act, R.S.B.C. 1996, c. 188, is amended by repealing the definition of "municipality".

206 Section 54 (2) is repealed and the following substituted:

(2) A zoning bylaw under the Local Government Act or the Vancouver Charter, or for a community planning area under the Local Services Act, does not apply to land or improvements within a radius of 800 m of the intersection of a controlled access highway with any other highway, unless it has been approved in writing by the minister before its adoption.

(3) Subsection (2) does not apply to bylaws adopted on or before March 20, 1964.

Horse Racing Act

207 Section 12 (2) (b) of the Horse Racing Act, R.S.B.C. 1996, c. 198, is repealed and the following substituted:

(b) under section 275 of the Vancouver Charter .

Hospital District Act

208 Section 4 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by striking out "general service," and substituting "service,".

Hydro and Power Authority Privatization Act

209 Section 10 of the Hydro and Power Authority Privatization Act, R.S.B.C. 1996, c. 213, is amended

(a) in subsection (1) by striking out ', "local government", "official community plan" and "rural land use bylaw" have the same meanings as in Part 26 of' and substituting 'and "local government" and "official community plan" have the same meanings as in', and

(b) by repealing subsection (2) (c) and substituting the following:

(c) a bylaw or official community plan, or .

Islands Trust Act

210 Section 8 (2) (i) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by striking out "section 843" and substituting "section 810".

211 Section 11 (2) (c) is amended by striking out "community plans;" and substituting "official community plans;".

212 Section 27 (2) (b) is amended by striking out "a community plan," and substituting "an official community plan,".

213 Section 29 is amended

(a) in subsection (3.1) by striking out "section 879.1" and substituting "section 920.01", and

(b) in subsection (5) by striking out "If a community plan" and substituting "If an official community plan".

214 Section 31 is amended

(a) in subsection (2) by striking out " or a rural land use bylaw", and

(b) in subsection (3) by striking out "or with Part 2 of the applicable rural land use bylaw".

215 Section 32 is amended by striking out "or a rural land use bylaw".

216 Section 37 (1) is amended by striking out ", rural land use bylaws".

217 Section 38 (1) (a) is repealed and the following substituted:

(a) all bylaws adopting official community plans that apply to land in the trust area, and .

218 Section 39 (a) to (c) is repealed and the following substituted:

(a) a zoning bylaw, or an amendment of it, or

(b) an official community plan, or an amendment of it, .

219 The following Part is added:

Part 7.1 Natural Area Protection Tax Exemptions

Definitions

49.1 For the purposes of this Part:

"eligible natural area property" means land that meets all the following requirements:

(a) it must be in an area designated under section 49.2;

(b) it must be land in relation to which there is one or more natural area values or amenities prescribed under section 53 (2) (k);

(c) it must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of values or amenities referred to in paragraph (b) of this definition;

(d) the trust council, a local trust committee or the trust fund board must be a covenantee in whose favour the protection covenant is made;

(e) any other requirements prescribed under section 53 (2) (k);

"natural area exemption certificate" means a certificate under section 49.3 that is in effect;

"protection covenant" means a covenant referred to in paragraph (c) of the definition of "eligible natural area property".

Designation of eligible areas

49.2 (1) The trust council may, by bylaw, designate all or part of a local trust area as an area for which tax exemptions may be provided under this section.

(2) Before adopting a bylaw under subsection (1), the trust council must obtain the consent of the regional district and, if applicable, the municipality in which the designated area is located.

(3) Before removing a designation under subsection (1), the trust council must give notice to the owner of any property within the affected area for which there is a natural area exemption certificate.

Tax exemption certificates

49.3 (1) For the purposes of protecting the natural area values or amenities of an eligible natural area property, the trust council may direct the secretary to issue a natural area exemption certificate for the property.

(2) A natural area exemption certificate must

(a) specify the tax exemption for the eligible natural area property in accordance with the regulations under section 53 (2) (k), and

(b) state that the property may be subject to tax recapture charges under section 49.7 if the certificate is cancelled.

(3) If a natural area exemption certificate is issued, the tax exemption under this section takes effect

(a) if the certificate is issued on or before October 31 in a year, in the next calendar year, or

(b) if the certificate is issued after October 31 in a year, in the year following the next calendar year.

(4) So long as a natural area exemption certificate has not been cancelled, the eligible natural area property is exempt, to the extent provided by the regulations under section 53 (2) (k) as they read on the date on which the certificate was issued, from taxation under this Act and the following Acts:

(a) the Local Government Act;

(b) the Taxation (Rural Area) Act;

(c) the School Act;

(d) the Assessment Authority Act;

(e) the Municipal Finance Authority Act;

(f) the Hospital District Act;

(g) the Greater Vancouver Transportation Authority Act.

(5) So long as eligible natural area property is exempt under subsection (4), the property

(a) is deemed, for the purposes of the Assessment Act, to be property that is classified under that Act as Class 1 property, and

(b) is not eligible for a tax exemption under section 130 of the School Act.

Cancellation of tax exemption certificate

49.4 (1) A natural area exemption certificate

(a) may be cancelled by the trust council on the request of the property owner,

(b) may be cancelled by the trust council under section 49.5 if there is a contravention of the protection covenant,

(c) is cancelled automatically if the protection covenant is discharged, and

(d) is cancelled automatically if the area is no longer designated under section 49.2.

(2) If a natural area exemption certificate is cancelled, the tax exemption under section 49.3 ends,

(a) if the certificate is cancelled on or before October 31 in a year, in the next calendar year, or

(b) if the certificate is cancelled after October 31 in a year, in the year following the next calendar year.

Cancellation for contravention of covenant

49.5 (1) If there is a contravention of any of the provisions of a protection covenant, the trust council may cancel the natural area exemption certificate.

(2) Before exercising its authority under subsection (1), the trust council must

(a) give notice to the owner of the property, identifying the deadline for the owner to submit a response to the council, and

(b) consider any response received from the owner before the deadline.

Discharge of protection covenants

49.6 (1) The trust council may not discharge a protection covenant in relation to which a natural area exemption certificate has been issued until notice of the proposed discharge has been published in accordance with subsection (2).

(2) Notice of a proposed discharge must be published in accordance with this section in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established by the trust council for the purposes of subsection (3) (c).

(3) The notice must include the following:

(a) a description of the protection covenant to be discharged;

(b) identification of the property to which the protection covenant applies and the natural area values and amenities to which it relates;

(c) the deadline for submitting comments on the proposed discharge to the trust council.

Recapture charge if tax exemption cancelled

49.7 (1) If a natural area exemption certificate is cancelled, except in the case of a cancellation under section 49.4 (1) (d) [area no longer designated], the owner of the property must pay to the Minister of Finance and Corporate Relations the amount referred to in subsection (2) of this section.

(2) The amount payable under subsection (1) is the amount equivalent to the total of the following:

(a) as applicable,

(i) the amount determined in accordance with the regulations under section 53 (2) (k), or

(ii) if no provision is made in the regulations, the difference between

(A) the taxes that would have been payable if no natural area exemption certificate had been issued and no protection covenant applied to the property, and

(B) the taxes that were in fact payable on the property;

(b) as applicable,

(i) interest determined in accordance with the regulations under section 53 (2) (k), or

(ii) if no provision is made in the regulations, interest from the time at which the taxes referred to in paragraph (a) (ii) (A) would have been payable if no natural area exemption certificate had been issued and no protection covenant applied to the property, compounded annually at the rate referred to in section 379 (1) (b) [taxes in arrear] of the Local Government Act;

(c) if applicable, the penalty prescribed under section 53 (2) (k).

(3) As an exception to subsection (1), the trust council may, by bylaw adopted

(a) with the approval of the Minister of Finance and Corporate Relations, and

(b) by at least 2/3 of the votes cast,

waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(4) If an amount payable by an owner under this section is not paid to the Minister of Finance and Corporate Relations by December 31 in the year in which it becomes payable, section 376 [special fees and charges that may be collected as taxes] of the Local Government Act applies to the amount.

(5) The Minister of Finance and Corporate Relations may distribute amounts received under this section to the applicable taxing authorities in accordance with the regulations under section 53 (2) (k).

Notice of certificate or cancellation

49.8 (1) As soon as possible after a natural area exemption certificate is issued, the secretary must provide to the assessor for the area in which the property is located

(a) a copy of the certificate, and

(b) a copy of the protection covenant to which the certificate relates.

(2) As soon as possible after a natural area exemption certificate is cancelled, the secretary must notify

(a) the assessor for the area in which the property is located, and

(b) the Minister of Finance and Corporate Relations.

(3) Within 30 days after a natural area exemption certificate is issued or cancelled, the secretary must file notice of the certificate or cancellation in the land title office, and for this purpose section 976 of the Local Government Act applies.

220 Section 53 (2) (j) is repealed and the following substituted:

(j) making further provisions of the Local Government Act apply under this Act in relation to one or more of the bodies of the trust referred to in section 4 (1) and in relation to this, provide exceptions to or modifications of a provision of that Act.

221 Section 53 is amended

(a) in subsection (2) by adding the following paragraph:

(k) in relation to Part 7.1 [Natural Area Protection Tax Exemptions],

(i) prescribe natural area values or amenities for the purposes of that Part,

(ii) establish additional requirements for land to be considered eligible natural area property,

(iii) prescribe formulas for determining tax exemptions under that Part,

(iv) establish how amounts received by the Minister of Finance and Corporate Relations under section 49.7 are to be distributed,

(v) prescribe how a recapture amount under section 49.7 (2) (a) is to be determined,

(vi) prescribe how interest under section 49.7 (2) (b) is to be determined, and

(vii) prescribe penalties payable under section 49.7 (2) (c). , and

(b) by adding the following subsection:

(3) Regulations under subsection (2) (k) (i) to (iv) may be different for

(a) different types of property,

(b) different natural area values and amenities,

(c) different types or conditions of protection covenants, and

(d) different areas designated under section 49.2.

222 Section 55 (3) is amended by striking out "723 of the Municipal Act," and substituting "723 of the Local Government Act,".

Land Title Act

223 Section 81 of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:

Land in improvement districts

81 If a plan of subdivision affects land located in an improvement district under the Local Government Act, within 7 days after the plan is received by the approving officer for approval, the approving officer must notify the board of trustees of the improvement district.

224 Section 274 repealed 274 is repealed and the following substituted:

Application to other Acts

274 Sections 272 and 273 apply to sales, forfeitures and redemptions of land in respect of taxes under

(a) the Dyking Assessments Adjustment Act, 1905,

(b) the Water Act, 1914,

(c) Part 2 of the Drainage, Ditch and Dike Act, and

(d) Part 23 of the Local Government Act.

Library Act

225 Section 1 of the Library Act, R.S.B.C. 1996, c. 264, is amended by repealing the definition of "electoral participating area" and substituting the following:

"electoral participating area" means an area that

(a) is within a service area for the service of participation in a regional library district under Part 3 of this Act, and

(b) is all or part of an electoral area as defined in the Local Government Act; .

226 Section 35 (2) is amended by striking out "A municipal council" and substituting "A local government" and by striking out "or a regional district board that contributes under section 798 of that Act".

Local Government Statutes Amendment Act (No. 2), 1997

227 Section 47 (a) of the Local Government Statutes Amendment Act (No. 2), 1997, S.B.C. 1997, c. 25, is repealed.

Local Government Statutes Amendment Act, 1999

228 Section 171 of the Local Government Statutes Amendment Act, 1999, S.B.C. 1999, c. 37, is repealed.

229 Section 173 is repealed.

230 Section 204 is repealed.

231 Section 342 is amended

(a) by renumbering the section as section 342 (1), and

(b) by adding the following subsection:

(2) As exceptions to subsection (1) (a) and (b), a bylaw referred to in that subsection may be amended to substitute a later year in which the installment of taxes is to be paid or in which percentage additions may be made.

Local Services Act

232 Section 2 (1) of the Local Services Act, R.S.B.C. 1996, c. 276, is amended

(a) by repealing paragraph (a) and substituting the following:

(a) the preparation of official community plans by the application of Division 2 of Part 26 of the Local Government Act for the local area, and in that event the minister may exercise, in respect of the local area, any of the powers exercisable under that Division by a municipal council or regional district board; , and

(b) by repealing paragraph (k) (i) and substituting the following:

(i) use and subdivision of land by the application of Divisions 4 to 11 of Part 26 of the Local Government Act, .

233 Section 2 (2) (b) is repealed and the following substituted:

(b) sections 517 [general authority for services] and 518.1 [general authorities in relation to services] of the Local Government Act, as they apply in relation to the applicable provision referred to in subsection (1), and .

Mineral Tenure Act

234 Section 1 of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended in paragraph (c) of the definition of "protected heritage property" by striking out "section 880" and substituting "section 970.1".

Miscellaneous Statutes Amendment Act (No. 2), 1999

235 Section 52 of the Miscellaneous Statutes Amendment Act (No. 2), 1999, S.B.C. 1999, c. 38, is repealed.

Municipal Finance Authority Act

236 Section 11 (1) (a) to (c) of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is repealed and the following substituted:

(a) borrowing in anticipation of the receipt of tax revenues under section 334.3 or 821 of the Local Government Act;

(b) financing of short term debts for purposes of a capital nature under section 334.4 or 822 of the Local Government Act;

(c) temporary financing of capital projects under section 335.2 or that section as it applies under section 819 of the Local Government Act; .

237 Section 11.1 (1) (a) is amended by striking out "828" and substituting "820".

238 Section 15 (2) is repealed and the following substituted:

(2) Each regional district sharing in the proceeds of a security issue of the authority must pay over to the authority to repay the obligations to the authority under that security issue an amount equal to

(a) 1/2 the average annual installment of principal and interest in respect of its own borrowing under section 335.3 of the Local Government Act as that section applies under section 819 of that Act, and

(b) 1/2 the average annual installment of principal and interest as set out in the agreements entered into with, or securities issued to, the regional district by member municipalities with respect to financing under section 824 of the Local Government Act.

Municipalities Enabling and Validating Act

239 Section 167 of the Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, is repealed.

240 Section 204 is repealed.

Municipalities Enabling and Validating Act (No. 2)

241 Section 37 of the Municipalities Enabling and Validating Act (No.2), S.B.C. 1990, c. 61, is repealed.

New Westminster Redevelopment Act, 1989

242 Section 4 (8) of the New Westminster Redevelopment Act, 1989, S.B.C. 1989, c. 34, is repealed and the following substituted:

(8) Section 927 of the Local Government Act applies to a special development permit.

243 Section 5 (3) is repealed and the following substituted:

(3) Sections 932 to 936 of the Local Government Act apply to a bylaw under this section.

244 Section 6 (3) is amended by striking out "Section 330 of the Municipal Act" and substituting "Section 458 (2) of the Local Government Act".

Park (Regional) Act

245 Section 3 of the Park (Regional) Act, R.S.B.C. 1996, c. 345, is amended by striking out "a bylaw under section 799 (1) (k) under the Municipal Act," and substituting "an establishing bylaw for a regional parks service,".

246 Section 10 is amended

(a) by repealing subsection (4) (b) and substituting the following:

(b) it receives

(i) the approval of the electors in each participating area, obtained in accordance with section 823 (4) to (9) of the Local Government Act, or

(ii) the consent of 2/3 of the participants, obtained in accordance with section 802 [amendment or repeal of establishing bylaws] of the Local Government Act. , and

(b) by repealing subsection (5).

Resort Municipality of Whistler Act

247 Section 6 (2) and (3) of the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407, is amended by striking out "section 242 of that Act." and substituting "Division 5 of Part 4 of that Act."

School Act

248 Section 41 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following paragraph:

(e.1) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust; .

249 Section 131 (5) is amended by striking out "845.3" and substituting "812".

Taxation (Rural Area) Act

250 Section 15 (1) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended

(a) in paragraph (v) by striking out "843 (3) or 844 (2)" and substituting "809 (3) or 810 (2)", and

(b) in paragraph (w) by striking out "845.1 (2)" and substituting "811 (2)".

The Cultus Lake Park Act

251 Section 14 (j) of The Cultus Lake Park Act, S.B.C. 1932, c. 63, is amended by striking out "section 933 of the Municipal Act" and substituting "sections 703, 706, 707, 725 (1) (l) and 728 of the Local Government Act, other than section 728 (1) (e) of that Act".

Vancouver Charter

252 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended in the definition of "other administrative body" by striking out "Board of Parks and Public Recreation" and substituting "Board of Parks and Recreation".

253 Section 2.1 is amended by striking out "Division 2 of Part 20" and substituting "Division 3 of Part 20".

254 Section 17 is amended

(a) in subsection (1) by striking out ", if possible,", and

(b) in subsection (2) by striking out "not possible," and substituting "not practicable,".

255 Section 24 (1) is amended by adding the following paragraph:

(e.1) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust; .

256 Section 136 (3) is amended by adding the following paragraphs:

(d.1) the documents that will be required in order for a person to register as an elector at the time of voting;

(d.2) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting; .

257 Section 136.5 (1) is amended by striking out "At least 6 but not" and substituting "Not".

258 Section 136.6 is amended by adding the following subsection:

(1.1) As an exception to subsection (1), if general voting day for other voting is the general voting day for an election, the period for receiving applications

(a) may be established under subsection (1), and

(b) if it is not established under subsection (1), is the nomination period referred to in section 41.

259 Section 165.8 (d) is amended by striking out "modifying the effect of sections 165.1 to 165.5" and substituting "modifying any of the provisions of sections 165.1 to 165.5".

260 Section 338 (b) is repealed and the following substituted:

Fees may be imposed

(b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the board's proper expenses, to require persons conducting such contests or exhibitions to pay to the board a fee, to be fixed by the Council, in respect of each such contest or exhibition; .

261 Section 374.4 (7) (a) (i) is amended by striking out "section 824" and substituting "section 805.1".

Waste Management Act

262 Section 24 (1) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by striking out "the extended service" and substituting "the service".

Part 3 Transitional And Commencement

Definitions

263 (1) In this Part:

"new" in relation to a statutory provision means the provision as it reads after amendment or enactment by the applicable provision of this Act;

"old" in relation to a statutory provision means the provision as it read before repeal, replacement or amendment by the applicable provision of this Act.

(2) Subject to subsection (1), the definitions in section 5 of the Local Government Act apply.

New non-resident property elector eligibility rules

264 The new section 51 of the Local Government Act, section 41 of the School Act and section 24 of the Vancouver Charter do not apply to election proceedings, other voting proceedings or counter petition opportunities, if the notice of election, notice of other voting or notice of counter petition opportunity, as applicable, was first published before the applicable new section came into force.

Other voting that is in progress

265 If the first notice under the old section 164 of the Local Government Act or the old section 136 of the Vancouver Charter is published before the new section 164 or 136, as applicable, comes into force, the requirements of the new section do not apply to subsequent notices under the new section in respect of the same matter.

Counter petition opportunities

266 (1) If notice of a counter petition opportunity was first published under the old section 242 [counter petition process] or 809 [assent of electors by counter petition] of the Local Government Act before the new Division 5 of Part 4 [Counter Petition Opportunities] of that Act came into force, the counter petition opportunity is to be conducted in accordance with the old provisions of that Act.

(2) For certainty, if a counter petition opportunity has been conducted under the old provisions of the Local Government Act and the proposed bylaw, action or other matter to which the counter petition opportunity relates is amended or otherwise changed after the new Division 5 of Part 4 of that Act, of that Act came into force, that Division applies to the matter.

(3) The new section 257 (3) and (4) of the Local Government Act does not apply to counter petition opportunities for which notice of the counter petition opportunity was first published before those sections came into force.

Commissions continuing authority for existing commissions

267 If, at the time the new section 176 (1) (g) of the Local Government Act comes into force, a commission has been established under the old section 615, 616, 618, 619 or 953 of the Local Government Act, the commission is deemed to be a commission established under the new section 176 (1) (g).

Validation of utility improvement taxes

268 (1) In this section, "taxable utility improvements" means improvements that

(a) are improvements referred to in the old section 353 (1) of the Local Government Act, and

(b) are not specified improvements within the meaning of the new section 353 (1) of that Act.

(2) Despite the old section 353 of the Local Government Act, property value taxes that

(a) were purported to be imposed under section 359 (1) (a) of that Act on taxable utility improvements, and

(b) would have been validly imposed had the new section 353 of that Act been in force when they were imposed

are conclusively deemed to have been validly imposed.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

Improvement districts officers

269 Until the powers, duties and functions are otherwise assigned under the new section 738.1 of the Local Government Act,

(a) a person who,

(i) at the time the new section 738.2 comes into force, holds the position of improvement district secretary under the old section 738 (5) of that Act, or

(ii) if applicable, is the successor in office of a person referred to in subparagraph (i)

is deemed to have been assigned the responsibility referred to in the new section 738.2 of that Act, and

(b) a person who,

(i) at the time the new section 738.3 of that Act comes into force, holds the position responsible for financial administration, or

(ii) if applicable, is the successor in office of a person referred to in subparagraph (i)

is deemed to have been assigned the responsibility referred to in the new section 738.3 of that Act.

Improvement districts annual financial statement

270 If, immediately before the new section 741.1 of the Local Government Act comes into force, the fiscal year of an improvement district does not coincide with the calendar year, the first annual financial statement prepared and presented under the new section 741.1 may be for either a part of a year or for a period of up to 16 months.

Improvement districts indemnification authority

271 (1) Subject to subsection (2), the power to indemnify under the new section 743.1 of the Local Government Act applies in respect of an action, prosecution, inquiry or other proceeding described in section 287.2 (1) or (4) of that Act, whether the matter was commenced before or after the new section 743.1 comes into force.

(2) The new section 743.1 of the Local Government Act does not apply in respect of an action, prosecution, inquiry or other proceeding described in section 287.2 (1) or (4) of that Act, if the proceeding has been completed and finally disposed of before the new section 743.1 comes into force.

Regional districts term of office for current municipal directors

272 For the purposes of transition from the old section 784 of the Local Government Act to the new section 784, the old section 784 (2) (b) applies to municipal directors who hold office at the time the new section 784 comes into force.

Regional districts alternate municipal directors

273 (1) This section applies if, at the time the new section 786 (2.1) of the Local Government Act comes into force, a council has appointed more than one person as alternate director under section 786 (1) of that Act.

(2) The council may exercise its authority under the new section 786 (2.1) (b) of the Local Government Act by establishing a system to determine which alternate director is to act in the place of any absent municipal director, with or without appointing different or additional alternate directors.

Regional districts services under existing establishing bylaws

274 Establishing bylaws under the old section 806 of the Local Government Act that are in force on the date that section is repealed are deemed to be bylaws for a single service, being the service operated under the establishing bylaw.

Regional districts cost recovery for services

275 If, immediately before the time the new Division 4.1 of Part 24 [Regional District Establishing Bylaws] of the Local Government Act comes into force, a regional district establishing bylaw does not include the method of cost recovery as required by the new section 800.1 (1) (d) [establishing bylaw to indicate method of cost recovery] of that Act, for the purposes of that section the bylaw is deemed to have indicated property value taxes as a method of cost recovery for the service.

Regional districts establishing bylaws that are in progress

276 (1) This section applies to

(a) establishing bylaws under the old section 806 of the Local Government Act, and

(b) bylaws under the old section 813 [amendment of establishing bylaws] of that Act

that, on the date that the new Division 4.1 of Part 24 [Regional Districts Establishing Bylaws] of that Act comes into force, have received first reading but have not yet been adopted.

(2) So long as a bylaw referred to in subsection (1) is adopted within one year after the date referred to in that section, it may be adopted in accordance with the old Part 24 of the Local Government Act and, to the extent necessary for these purposes, that Part is deemed not to have been amended by this Act.

(3) If an establishing bylaw referred to in subsection (1) does not include the method of cost recovery as required by the new section 800.1 (1) (d) [establishing bylaw to indicate method of cost recovery] of the Local Government Act, for the purposes of that section the bylaw is deemed to have indicated property value taxes as a method of cost recovery for the service.

Regional districts loan authorization bylaws in progress

277 (1) This section applies to bylaws under the old section 831 or 831.1 [loan authorization bylaws] of the Local Government Act that, on the date that the new Division 5 of Part 24 [Regional Districts Financial Operations] of that Act comes into force, have received first reading but have not yet been adopted.

(2) So long as a bylaw referred to in subsection (1) is adopted within one year after the date referred to in that section, it may be adopted in accordance with the old Part 24 of the Local Government Act and, to the extent necessary for these purposes, that Part is deemed not to have been amended by this Act.

Regional districts feasibility study funds

278 If, at the time the old section 827 of the Local Government Act is repealed, a regional district has a feasibility study fund under that section, the fund is deemed to be a reserve fund in relation to feasibility studies established under the Part 13 under Part 13 [Special Funds] of that Act.

Regional districts early adoption of financial plans

279 (1) A board may adopt a financial plan as described in the new section 815 [financial plan] of the Local Government Act before that section comes into force and the financial plan is deemed, for the purposes of that Act, to be an annual budget under the old section 819 of the Act until the new section 815 comes into force.

(2) If, before the new section 815 of the Local Government Act comes into force, a board does not adopt a financial plan under subsection (1) and instead directs the preparation of a provisional budget or annual budget under the old section 819 of the Local Government Act, the provisional budget or annual budget remains in effect, and expenditures authorized by that budget may be lawfully made, until the earlier of

(a) the effective date of the first financial plan under subsection (1) or the new section 815, and

(b) the next March 31 following the date on which the new section 815 comes into force.

Regional districts continuation of fees and charges

280 (1) A regional district fee or charge imposed by bylaw under an old provision of the Local Government Act that is not continued in the new provisions of that Act is deemed to be a fee or charge imposed by bylaw under the new section 797.2 [general authority for fees and charges] of that Act.

(2) The requirement under section 363 (4) [report respecting how fee or charge determined] of the Local Government Act as it applies under the new section 797.2 [general authority for fees and charges in relation to services] of that Act does not apply in relation to a fee or charge referred to in subsection (1) until 5 years after that new section comes into force, unless the authorizing bylaw for the fee or charge is amended during that period to change the amount of the fee or charge.

Repeal of transitional regulation

281 B.C. Reg. 107/2000 is repealed.

Commencement

282 (1) Sections 50, 232 231 and 254 253 are deemed to have come into force on September 28, 1999.

(2) Sections 52, 53 and 54 are deemed to have come into force on the date on which this Act received First Reading in the Legislative Assembly and are retroactive to the extent necessary to give them effect on and after that date.

(3) Section 82 comes into force on July 1, 2000.

(4) Sections 2 (a), (b) and (d) to (j), 3, 7, 10, 11, 15, 16 to 19, 17 to 19, 27, 28, 31, 38 to 40, 45, 40, 43, 45, 47, 48, 55 to 57, 60, 63, 66, 63, 64, 66, 68 to 73, 75, 76, 78, 79 (a) and (b), 80, 83,to 91, 94, 96 to 98, 100, 102 to 114, 116 to 120, 122 to 179, 181 to 190, 192 to 207, 209 to 220, 222, 225 to 227, 233 to 235, 237 to 239, 246 to 248, 250, 251, 262 and 263 come into force by regulation of the Lieutenant Governor in Council.

(4) Sections 2 (a), (b) and (d) to (j), 3, 7, 10, 11, 15, 17 to 19, 27, 28, 31, 38 to 40, 43, 45, 47, 48, 55 to 57, 60, 63, 64, 66, 68 to 73, 75, 76, 78, 79 (a) and (b), 80, 83 to 91, 94, 96 to 98, 100, 102 to 114, 116 to 120, 122 to 179, 181 to 190, 192 to 219, 221, 224 to 226, 232 to 234, 236 to 238, 245 to 247, 249, 250, 261 and 262 come into force by regulation of the Lieutenant Governor in Council.

Schedule

Amendments Consequential to MUNICIPAL ACT Title Change

Column 1
Act being amended
Column 2
Section or other provision
Agricultural Credit Act
R.S.B.C. 1996, c. 9
6 (2)
Agricultural Land Reserve Act
R.S.B.C. 1996, c. 10
12 (2) and (3)
15 (4)
18 (1)
22 (2)
47 (1)
Assessment Act
R.S.B.C. 1996, c. 20
19 (10)
British Columbia Transit Act
R.S.B.C. 1996, c. 38
8 (2), (5) and (7)
19 (1) and (5)
22
25 (3), (4) and (9)
26 (1) and (2)
Cemetery and Funeral Services Act
R.S.B.C. 1996, c. 45
18 (1) and (2)
Columbia Basin Trust Act
R.S.B.C. 1996, c. 53
6 (1)
7 (1)
Community Financial Services Act
R.S.B.C. 1996, c. 61
1
Condominium Act
R.S.B.C. 1996, c. 64
1 (1)
Cosmetologists Act
R.S.B.C. 1996, c. 178
14 (2)
Credit Union Incorporation Act
R.S.B.C. 1996, c. 82
1 (1)
Criminal Records Review Act
R.S.B.C. 1996, c. 86
7 (1)
Cultural Foundation of British Columbia Act
R.S.B.C. 1996, c. 90
1
14
Dike Maintenance Act
R.S.B.C. 1996, c. 95
1
Drainage, Ditch and Dike Act
R.S.B.C. 1996, c. 102
1
171 (1), (2), (5), (6) and (8)
Economic Development Electricity Rate Act
R.S.B.C. 1996, c. 104
5 (6)
Emergency Communications Corporations Act
S.B.C. 1997, c. 47
4 (3)
Emergency Program Act
R.S.B.C. 1996, c. 111
1 (1)
Environmental Assessment Act
R.S.B.C. 1996, c. 119
1
Evidence Act
R.S.B.C. 1996, c. 124
28 (1) and (2)
35 (4)
60
Expropriation Act
R.S.B.C. 1996, c. 125
1
2 (4,
20 (3)
Farm Practices Protection (Right to Farm) Act
R.S.B.C. 1996, c. 131
1
2 (2) and (3)
Financial Disclosure Act
R.S.B.C. 1996, c. 139
1
Financial Institutions Act
R.S.B.C. 1996, c. 141
1
Fire Services Act
R.S.B.C. 1996, c. 144
23 (2), (4) and (5)
30 (1) and (4)
Firearm Act
R.S.B.C. 1996, c. 145
2 (1)
First Peoples' Heritage, Language and Culture Act
R.S.B.C. 1996, c. 147
12
Forest Act
R.S.B.C. 1996, c. 157
140 (1)
Forest Land Reserve Act
R.S.B.C. 1996, c. 158
17 (1)
20 (2)
Forest Practices Code of British Columbia Act
R.S.B.C. 1996, c. 159
53
164 (1)
Freedom of Information and Protection of Privacy Act
R.S.B.C. 1996, c. 165
Schedule 1, in the definition 
of "local government body"
Greater Nanaimo Water District Act
S.B.C. 1953, c. 41
11 (2)
84 (1)
90 (2), (3) and (4)
Greater Vancouver Sewerage and
Drainage District Act

S.B.C. 1956, c. 59
7 (1b) and (3)
7B (3)
7C (3)
8 (4), (5) and (7)
10 (4)
14 (2) and (3)
18
20
34.1 (1)
50
55 (3)
58.2 (3), (6) and (9)
58.3 (2)
58.6 (4)
59 (2), (3) and (4)
Greater Vancouver Transportation Authority Act
S.B.C. 1998, c. 30
1 (1)
14 (5)
21 (4) and (6)
23 (1) and (2)
25 (6)
27 (1) and (4)
34 (1) and (3)
Greater Vancouver Water District Act
S.B.C. 1924, c. 22
5 (3)
10 (4), (5) and (7)
12 (4)
17 (3) and (4)
21
23
57.1 (1)
81 (5)
90 (2), (3) and (4)
Health Act
R.S.B.C. 1996, c. 179
1
26 (2)
27 (2)
36 (1)
46 (8)
74 (3)
Health Authorities Act
R.S.B.C. 1996, c. 180
1
15 (1) and (2)
Health Research Foundation Act
R.S.B.C. 1996, c. 184
13
Heritage Conservation Act
R.S.B.C. 1996, c. 187
3 (1)
9 (2)
11 (9)
Highway Act
R.S.B.C. 1996, c. 188
13.1 (4)
36
54 (2)
Holiday Shopping Regulation Act
R.S.B.C. 1996, c. 191
3 (4)
8 (2)
Home Conversion and Leasehold Loan Act
R.S.B.C. 1996, c. 192
1
Home Owner Grant Act
R.S.B.C. 1996, c. 194
1
11
15
15.1 (1)
17 (5)
Horse Racing Act
R.S.B.C. 1996, c. 198
12 (2)
Hospital Act
R.S.B.C. 1996, c. 200
38
53 (3)
Hospital District Act
R.S.B.C. 1996, c. 202
1
4 (1),
9 (1)
16
17 (2) and (5)
19 (3)
46
Hydro and Power Authority Privatization Act
R.S.B.C. 1996, c. 213
10 (1) and (2)
Indian Self Government Enabling Act
R.S.B.C. 1996, c. 219
1
6 (2)
20
34
Interpretation Act
R.S.B.C. 1996, c. 238
29
40 (1) and (2)
Islands Trust Act
R.S.B.C. 1996, c. 239
6 (3) to (6)
7 (2)
8 (2) and (2.1)
13 (1)
17 (6)
18 (2) and (4)
26 (1)
28 (1) and (2)
29 (1), (3) and (3.1)
30 (1) to (6)
31 (2) and (4)
36 (2) and (3)
37 (5)
38 (1)
39
45 (3) and (5)
51
53 (2)
54 (3) and (5)
Job Protection Act
R.S.B.C. 1996, c. 240
Schedule
Land Act
R.S.B.C. 1996, c. 245
7 (5)
89
93 (4)
106 (5)
Land Tax Deferment Act
R.S.B.C. 1996, c. 249
1
Land Title Act
R.S.B.C. 1996, c. 250
83 (2)
83.1 (3)
87
Library Act
R.S.B.C. 1996, c. 264
1
13 (2)
24 (1)
29 (3)
35 (2)
Library Foundation of British Columbia Act
R.S.B.C. 1996, c. 265
14
Liquor Statutes Amendment Act, 1999
S.B.C. 1999, c. 36
4
Municipal Act
R.S.B.C. 1996, c. 323
996 (1)
1002 (5)
1025 (3)
Local Government Grants Act
R.S.B.C. 1996, c. 275
5 (2)
Local Services Act
R.S.B.C. 1996, c. 276
2 (1) and (2)
Manufactured Home Act
R.S.B.C. 1996, c. 280
1
34 (1) and (2)
36 (1), (14), (16) and (17)
Supplement, s. 5
Manufactured Home Tax Act
R.S.B.C. 1996, c. 281
2
3 (2)
5 (1)
7
Mineral Tenure Act
R.S.B.C. 1996, c. 292
1
Motor Vehicle Act
R.S.B.C. 1996, c. 318
1
124 (10)
146 (9)
Mountain Resort Associations Act
R.S.B.C. 1996, c. 320
1
3 (3)
Municipal Aid Act
R.S.B.C. 1996, c. 324
1
Municipal Finance Authority Act
R.S.B.C. 1996, c. 325
1
6 (2)
11 (1)
11.1 (1)
12
14 (16)
15 (3)
23 (1)
24 (1)
26 (1) and (5)
28 (1)
New Westminster Redevelopment Act, 1989
S.B.C. 1989, c. 34
2 (1)
3 (2)
4 (1)
6 (2)
7
Offence Act
R.S.B.C. 1996, c. 338
29 (2)
Ombudsman Act
R.S.B.C. 1996, c. 340
Schedule
Park (Regional) Act
R.S.B.C. 1996, c. 345
1
2 (2) and (4)
3
6
7
9
10 (1)
Pension (Municipal) Act
R.S.B.C. 1996, c. 355
2 (2)
Pension (Public Service) Act
R.S.B.C. 1996, c. 356
2 (1)
Police Act
R.S.B.C. 1996, c. 367
22 (1) and (2)
30
Power for Jobs Development Act
S.B.C. 1997, c. 51
7 (6)
Private Post-Secondary Education Act
R.S.B.C. 1996, c. 375
7 (1)
Property Transfer Tax Act
R.S.B.C. 1996, c. 378
14 (3)
Provincial Court Act
R.S.B.C. 1996, c. 379
Supplement, s. 1
Railway Act
R.S.B.C. 1996, c. 395
1
82 (2)
115 (3) and (4)
Range Act
R.S.B.C. 1996, c. 396
46 (1)
Regulatory Impact Statement Act
S.B.C. 1999, c. 19
1
Resort Municipality of Whistler Act
R.S.B.C. 1996, c. 407
1
3 (1) and (2)
4
6 (1), (2) and (3)
8 (3), (11), (12) and (15)
9 (2)
School Act
R.S.B.C. 1996, c. 412
1 (1)
33
34 (8)
36 (1)
38 (4)
39 (2)
43 (3) and (4)
45 (1), (2), (6), (7), (8) and (9)
46 (1), (3) and (4)
48 (1), (2) and (3)
50 (2)
52 (3)
54 (1) and (3)
101
121
127 (1)
128 (3)
129 (2), (4), (7) and (8)
131 (1), (5), (7) and (8)
138 (1)
166.14 (3)
175 (9)
Sechelt Indian Government District Enabling Act
R.S.B.C. 1996, c. 416
5
Special Enterprise Zone and Tax Relief Act
R.S.B.C. 1996, c. 438
1
Supplement, s. 1
Taxation (Rural Area) Act
R.S.B.C. 1996, c. 448
15 (1)
The Cultus Lake Park Act
S.B.C. 1932, c. 63
5
6
7
Tourist Accommodation (Assessment Relief) Act
R.S.B.C. 1996, c. 454
1
Union of British Columbia Municipalities
Incorporation Act

S.B.C. 1959, c. 106
4
University Act
R.S.B.C. 1996, c. 468
54 (1)
University Endowment Land Act
R.S.B.C. 1996, c. 469
12 (1), (2) and (4)
14
15 (3)
University Foundations Act
R.S.B.C. 1996, c. 471
14
Utilities Commission Act
R.S.B.C. 1996, c. 473
121
Vancouver Charter
S.B.C. 1953, c. 55
2.1 (1) and (2)
22 (2)
38 (2)
45 (5.1)
47 (4)
64.1 (1)
64.4 (1)
128 (3)
279B (5)
279C (1)
374.4 (7)
403 (1)
561 (4) and (5)
573 (1)
Vancouver Island Natural Gas Pipeline Act
R.S.B.C. 1996, c. 474
7 (5)
Waste Management Act
R.S.B.C. 1996, c. 482
18 (9)
19 (1)
25 (1) and (6)
28.1 (6)
28.6 (1) and (2)
Water Act
R.S.B.C. 1996, c. 483
1
9 (1)
50
Water Utility Act
R.S.B.C. 1996, c. 485
1
Weed Control Act
R.S.B.C. 1996, c. 487
8 (2)
Wildlife Act
R.S.B.C. 1996, c. 488
68
Workers Compensation Act
R.S.B.C. 1996, c. 492
1

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