1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
MINISTER OF MUNICIPAL AFFAIRS,
RECREATION AND HOUSING
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 13.1 of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed and the following substituted:
13.1 For a newly incorporated municipality or an area newly included in a municipality, real property that before the incorporation is exempt from taxation by reason of section 13 (1) (f) of the Taxation (Rural Area) Act but after the incorporation is not exempt from taxation under this Act shall be exempted from taxation as follows:
(a) in the first year after incorporation, to the extent of 100% of the exemption that would have applied to the property had the incorporation not taken place;
(b) in the second year after incorporation, to the extent of 80% of the exemption that would have applied to the property had the incorporation not taken place;
(c) in the third year after incorporation, to the extent of 60% of the exemption that would have applied to the property had the incorporation not taken place;
(d) in the fourth year after incorporation, to the extent of 40% of the exemption that would have applied to the property had the incorporation not taken place;
(e) in the fifth year after incorporation, to the extent of 20% of the exemption that would have applied to the property had the incorporation not taken place.
2 Section 28 (1) is repealed and the following substituted:
(1) In relation to a proposed reduction in the area of a municipality under section 26 (1), the minister may waive the requirements of sections 26 (2) (b) and 27 (1) (f).
3 Section 71 is repealed and the following substituted:
71 (1) The clerk shall have the list of electors for the municipality printed or otherwise reproduced.
(2) A candidate at an election is entitled to obtain one free copy of the list for each 1 000 electors on the list, to a maximum of 20 copies.
(3) A person other than a candidate may obtain a copy from the clerk for the fee set under subsection (4).
(4) The council may, by bylaw, set fees for the purposes of this section.
4 Section 85 is repealed and the following substituted:
85 (1) An election for mayor and all councillors, to be known as a general local election, must be held in the year 1993 and in every third year after that.
(2) Nominations for election to office at a general local election must be held on the last Monday of October in the year of the election from 10 a.m. to 12 noon at the place designated.
(3) Except for any advance poll under section 88, the poll, if required, for a general local election must be held on the third Saturday of November in the year of the election from 8 a.m. to 8 p.m.
5 Section 102 is repealed and the following substituted:
102 (1) The returning officer shall declare a candidate elected as mayor and return the candidate's name to the clerk if, at the close of the time for nominations for mayor,
(a) the candidate is the only candidate that stands validly nominated, and
(b) the returning officer has not been notified of an appeal by another candidate, or any appeal by another candidate has been dismissed.
(2) The returning officer shall declare a candidate elected as councillor and return the candidate's name to the clerk if, at the close of the time for nominations for councillor,
(a) the candidate stands validly nominated,
(b) no more candidates stand validly nominated for councillor than there are councillors to be elected, and
(c) the returning officer has not been notified of an appeal by another candidate, or any appeal by another candidate has been dismissed.
6 Section 104 is amended by striking out "Alderman" and substituting "Councillor".
7 Section 114 (2) is repealed and the following substituted:
(2) Separate ballot papers shall be prepared for the office of mayor and for the offices of councillors.
8 Section 161 is repealed and the following substituted:
161 If there is an equality of votes for candidates for mayor or councillors, the returning officer shall determine which candidate is elected.
9 Section 185 is repealed and the following substituted:
185 (1) Except as provided in subsection (3), in order to be nominated for the office of mayor, a councillor shall deposit with the clerk a resignation from the office of councillor at least 21 days before nomination day for the office of mayor.
(2) The election to fill the vacancy created by a resignation under subsection (1) may be held at the same time as the election for the mayor and, if held then, shall be considered a separate election.
(3) Subsection (1) does not apply
(a) if the councillor is completing the last year of a term of office as councillor and the election for the office of mayor is part of the general local election, or
(b) if the mayor dies in office 21 days or less before nomination day for a general local election.
10 Section 189 is repealed and the following substituted:
189 (1) If the general local election or other municipal election is not held or no proceedings have been taken within the time required to fill a vacancy, at the request of an elector of the municipality, the minister may issue an order to the clerk or, if there is no clerk, to another person, requiring the person within 10 days after the date of the order to fix the days for nomination and election to fill the vacant office.
(2) If no municipal bylaws or resolutions regulating municipal elections are in force, the minister may make regulations for holding an election under subsection (1).
11 Section 208 is repealed and the following substituted:
208 (1) For a city or district having a population of more than 50 000, the council shall consist of a mayor and 8 councillors, with a quorum of council being 5 members.
(2) For a city or district having a population of 50 000 or less, the council shall consist of a mayor and 6 councillors, with a quorum of council being 4 members.
(3) For a town or village, the council shall consist of a mayor and 4 councillors, with a quorum of council being 3 members.
12 Section 210 is repealed and the following substituted:
210 (1) Subject to section 190, the term of office for mayor runs
(a) from noon on the first Monday after December 1 following the election or from the time of swearing in, whichever is later, and
(b) until noon of the first Monday after December 1 three years later or until the mayor's successor is sworn in.
(2) Subject to section 190, the term of office for councillors runs
(a) from noon on the first Monday after December 1 following the election or from the time of swearing in, whichever is later, and
(b) until noon of the first Monday after December 1 three years later or until a sufficient number of members of council have been sworn in to make up a quorum.
13 Section 212 is amended
(a) by striking out "alderman" and substituting "councillor", and
(b) by striking out "Alderman" and "an Alderman" and substituting in each case "Councillor".
14 Section 213 is amended by striking out "alderman" and substituting "councillor".
15 Section 217 is repealed and the following substituted:
217 (1) Following a general local election, the first meeting of a council shall be in the afternoon of the first Monday after December 1 in the year of the election.
(2) If a quorum of council members has not been sworn in at the time referred to in subsection (1), the first meeting of the council shall be held as soon as reasonably possible after this has been done.
(3) After the first meeting, a council shall meet as it decides and as provided in the Act.
16 Section 235 (2) is repealed and the following substituted:
(2) The minutes must be open for inspection by any person and any person may make copies and extracts of the minutes at all reasonable times on payment of the fee set under subsection (2.1).
(2.1) The council may, by bylaw, set fees for the purposes of subsection (2).
17 Section 244 is amended
(a) by repealing paragraph (e) and substituting the following:
(e) shall have provided copies of bylaws and council minutes, other than minutes of a special meeting from which persons have been excluded under section 220 for reasons of public interest, and may charge to a person requesting a copy the fee set under subsection (2); ,
(b) by renumbering the provision as section 244 (1), and
(c) by adding the following subsection:
(2) The council may, by bylaw, set fees for the purposes of subsection (1).
18 Section 246 (2) is repealed and the following substituted:
(2) Before it is adopted, a bylaw under subsection (1) must receive the assent of the electors.
19 Section 262 (4) is repealed and the following substituted:
(4) This section applies to the persons referred to in section 755.1 (2) (d), (f), (g), (g.1), (h), (h.1), (i), (j), (k) and (l) as though those persons were officers or employees.
20 Section 263 (3) is repealed and the following substituted:
(3) Before the annual budget is adopted, it is not lawful to make an expenditure unless the expenditure is authorized by the provisional budget as prepared, adopted or amended under this section.
21 Section 267 is repealed and the following substituted:
267 (1) The council may, by bylaw, provide for an annual indemnity for the mayor and councillors to be paid out of annual revenue.
(2) A bylaw under subsection (1)
(a) may provide a greater indemnity for mayor than for other members of council, and
(b) may provide that a portion of the annual indemnity be paid as an allowance for expenses incidental to the discharge of the duties of office.
22 Section 273.3 is amended by adding the following subsection:
(4.1) The obligation to give notice under subsection (4) shall be considered satisfied if the council made a reasonable effort to mail or otherwise deliver the notice.
23 Section 279 is repealed and the following substituted:
279 (1) To honour a distinguished person, by unanimous vote of its members, a council may confer freedom of the municipality on that person.
(2) During the pleasure of council,
(a) the names of persons given freedom of the municipality under subsection (1) shall be placed first on the list of electors for the municipality and each such person is eligible to vote in an election for mayor or councillor, and
(b) despite any other enactment, persons honoured under subsection (1), if they are Canadian citizens, shall be deemed to be qualified to be nominated, be elected and hold the office of mayor of the municipality.
(3) To honour a distinguished unit of the armed forces of Canada, the United Kingdom or another nation of the Commonwealth, by unanimous vote of its members, a council may confer freedom of the municipality on that unit.
(4) The commanding officer of a unit honoured under subsection (3) has by virtue of office the qualifications and privileges of a person honoured under subsections (1) and (2).
24 Section 311 is repealed and the following substituted:
311 (1) Whenever the council has authority to direct that a matter or thing be done by a person, the council may also direct that, if the person fails to take the required action, the matter or thing shall be done at the expense of the person in default.
(2) If action in default is taken under subsection (1), the council may recover the expense from the person, together with costs and interest at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act, in the same manner as municipal taxes.
25 Section 344 (2) (a) is repealed and the following substituted:
(a) the debt outstanding under this section must not exceed at any time a sum equal to $50 multiplied by the municipal population; .
26 Section 378 (3) is amended by striking out "paragraph (c)" and substituting "subsection (1) (c)".
27 Section 383 (4) is amended by striking out "section 383" and substituting "this section".
28 Section 398 (1) (j) is repealed and the following substituted:
(j) a building set apart and used solely as a hospital under the Hospital Act, except a private hospital under that Act, together with
(i) the land on which the building stands, and
(ii) any area of land surrounding the building, not including land exempted under the Hospital Act or Hospital District Act, that the council may, by bylaw, exempt; .
29 Section 399 (4) and (6.1) is amended by striking out "section 398" and substituting "section 398 (1)".
30 Section 400 (2) is amended by adding the following paragraph:
(c.1) the interest in municipal buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as a licensee or tenant of the municipality; .
31 Section 403 (3) (a) is repealed and the following substituted:
(a) the sum of the total taxes on all the land that is the subject of the agreement that, but for the agreement, would have been levied by the municipality, reduced by any amounts already paid to the municipality as taxes on the land, together with accrued interest on the remainder at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act, and .
32 Section 417 is amended by adding "Court" after "intention to appeal to the Supreme".
33 Section 418 (4) is repealed and the following substituted:
(4) Costs of an appeal are in the discretion of the court.
34 Section 420 is amended by adding the following subsection:
(1.1) The obligation to give notice under subsection (1) shall be considered satisfied if the collector made a reasonable effort to mail or otherwise deliver the notice.
35 Section 431 is amended by adding the following subsection:
(6) The obligation to give notice under this section shall be considered satisfied if the collector made a reasonable effort to mail or otherwise deliver the notice.
36 Section 433 is repealed and the following substituted:
433 (1) The collector shall mail or otherwise deliver a copy of a tax demand notice under section 431 (1) and of the statement under section 432 to all persons who have requested this in accordance with subsection (2) during the current year.
(2) In order to make a request for the purposes of this section, a person shall
(a) make a written request to the collector, including in it a description of the property for which the notice is requested sufficient to allow the collector to identify the property, and
(b) at the time of the request, pay the fee that is set under subsection (3) in relation to each parcel for which notice is requested.
(3) The council may, by bylaw, set fees for the purposes of subsection (2).
37 Section 434.1 is repealed and the following substituted:
434.1 (1) If a person is refunded an amount of taxes paid under this Act, the municipality shall pay the person interest at the rate prescribed under subsection (2).
(2) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of this section.
38 Section 442 (3) is repealed and the following substituted:
(3) A bylaw under this section may fix the addition to be made to an instalment in the current year if not paid by the due date, subject to the limit that an addition must not exceed 10% of the amount of the taxes payable by the instalment.
(3.1) Interest shall be added to unpaid instalments of taxes in arrear or delinquent at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
39 Section 447 (2) is repealed and the following substituted:
(2) The collector shall give to any person who requests it and pays the fee set under subsection (2.1) a certificate showing
(a) the amount of unpaid taxes charged against specified real property,
(b) whether the real property has been sold for taxes, and
(c) if the property has been sold for taxes, the time remaining for redemption, if any, and the amount required to redeem it.
(2.1) The council may, by bylaw, set fees for the purposes of subsection (2).
40 Section 453 (1) is repealed and the following substituted:
(1) The collector shall not sell land the fee of which is in Her Majesty in right of the Province and which is held under lease, licence, permit or location.
(1.1) By June 1 in the year following the year in which the taxes on land referred to in subsection (1) become delinquent, the collector shall give written notice to the person liable for them, either by serving the notice or by sending it by registered mail, that the lease, licence, permit or location will be cancelled if the person does not pay the delinquent taxes, together with interest and all subsequent taxes, within 6 months from the date when the taxes became delinquent.
(1.2) The Supreme Court may, on application, order that the notice under subsection (1.1) may be served by substituted service in accordance with the order.
(1.3) The collector shall send a copy of the notice under subsection
(1.1) to the minister responsible for the administration of the Land Act.
41 Section 456 is repealed and the following substituted:
456 (1) The minister responsible for the administration of the Land Act may accept the tax sale purchaser as purchaser of the land and may deal with that purchaser to the exclusion of the person whose interest was sold at the tax sale and of all persons claiming under that person.
(2) If the minister accepts the tax sale purchaser as purchaser of the land, the minister shall notify the collector of this.
(3) If the minister does not accept the tax sale purchaser as purchaser of the land or does not notify the collector within 6 months from the date of sale that the minister has accepted the purchaser, the purchaser is entitled to a refund from the municipality of the amount the purchaser paid together with interest at the rate prescribed under subsection (4).
(4) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (3).
(5) If a refund is made under subsection (3), the collector shall promptly replace on the tax roll, as delinquent taxes on the land, the amount of the upset price together with the interest paid to the purchaser.
42 Section 457 (1) is repealed and the following substituted:
(1) At 10 a.m. on the last Monday in September or, if this is a holiday, on the next Monday which is not a holiday, at the council chambers, the collector shall offer for sale by public auction each parcel of real property on which taxes are delinquent.
(1.1) The collector may adjourn the sale under subsection (1) to the same hour on the following day, and from day to day until each parcel is disposed of.
43 Section 465 is repealed and the following substituted:
465 (1) If property is purchased by a municipality under section 461 and is not sold later at the sale, within 9 months after the purchase, the council may sell the property to any person for not less than the upset price plus interest accrued from the date of purchase at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
(2) On a sale under this section, the council shall direct the collector to give the purchaser a certificate similar to that under section 463.
(3) A sale under this section does not affect the period for or the right of redemption by the owner under this Act.
44 Section 466 (1) and (2) is repealed and the following substituted:
(1) Not later than 3 months after the sale, the collector shall give written notice of the sale and of the day the redemption period expires, either by serving the notice or by sending it by registered mail, to
(a) the person registered in the land title office as owner of the fee simple of the property, and
(b) any persons registered as owner of a charge on the property.
(2) The Supreme Court may, on application, order that the notice under subsection (1) may be served by substituted service in accordance with the order.
45 Section 468 is amended
(a) by repealing subsection (1) (d) and substituting the following:
(d) interest to the date of redemption on any amount in excess of the upset price and on the total amount expended by the purchaser under paragraphs (a) to (c) during the period for redemption, at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act. , and
(b) by repealing subsection (3) and substituting the following:
(3) On redemption of a parcel, the purchaser is entitled to receive from the municipality all amounts paid by the purchaser together with interest to the date of redemption at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
46 Section 471 is repealed and the following substituted:
471 If real property sold for taxes is redeemed within the time allowed for redemption, the collector shall promptly send to the Registrar of Titles for filing the notice required by section 252 of the Land Title Act, together with any applicable fee under that Act.
47 Section 474 (2) is repealed and the following substituted:
(2) If during the period allowed for redemption the council finds a manifest error in the sale or in the proceedings before the sale, the council may order that
(a) the purchase price be returned to the purchaser together with interest at the rate prescribed under subsection (3), and
(b) the taxes be dealt with as the circumstances require, either
(i) by restoring to the property tax roll the taxes as they appeared on the roll before the sale, or
(ii) otherwise as directed by council.
(3) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (2) (a).
48 Section 484 is amended by adding the following subsection:
(3.1) The obligation to give notice under subsection (3) shall be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
49 Section 485 is amended by adding the following subsection:
(3) The obligation to give notice under subsection (2) shall be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
50 Section 505 is repealed and the following substituted:
505 (1) A council may not impose under this Part, for any one period, operation or premises, a licence fee greater than the amount prescribed under subsection (2).
(2) The Lieutenant Governor in Council may make regulations prescribing maximum licence fees for the purposes of this section, which may be different for different sizes of municipality and, in the case of licence fees in relation to horse racing, may be different for different municipalities.
(3) In relation to a manufactured home park as defined in the Manufactured Home Tax Act, a council may not impose for any one licence period a fee greater than the amount prescribed under the Manufactured Home Act.
51 Section 519 (3) is repealed and the following substituted:
(3) Subject to the requirements of a bylaw under this Division, on payment of the prescribed fee together with any sum representing the difference in licence fee required for the transfer of a licence plate to a vehicle of greater gross vehicle weight, a licence plate may be transferred from
(a) person to person for the same vehicle, or
(b) vehicle to vehicle for the same person.
(4) The Lieutenant Governor in Council may make regulations prescribing fees for the purposes of this section.
(5) For the purposes of section 521, an amount paid under subsection (3) in addition to the prescribed fee is deemed to be a licence fee.
52 Section 520 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) The Lieutenant Governor in Council may make regulations prescribing fees for licences under section 519 (1) and (2), which may be different for vehicles of different gross vehicle weight. , and
(b) by repealing subsection (5) (a).
53 Section 521 (1) is repealed and the following substituted:
(1) After deducting any transfer fee under section 519 (3) and the prescribed administration fee, a municipality shall pay the remainder of the fees it collects under this Division to the Union of British Columbia Municipalities.
(1.1) The Lieutenant Governor in Council may make regulations prescribing administration fees for the purposes of subsection (1).
54 Section 541 is amended by adding the following subsection:
(1.1) The Supreme Court may, on application, order that the notice under subsection (1) may be served by substituted service in accordance with the order.
55 Section 579 (2) (c) is repealed and the following substituted:
(c) require the owner of land to fence any part of it abutting on a highway, the line of which may be obtained from the municipality for the fee set under paragraph (c.1);
(c.1) set fees for the purposes of paragraph (c); and .
56 Section 582 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Notwithstanding any public or private Act but subject to the Motor Vehicle Act, the council may, by bylaw, regulate
(a) all uses of or involving a highway or portion of it, other than uses referred to in section 581, and
(b) all uses of or involving a public place.
(1.1) Except as permitted by a bylaw under subsection (1), no person shall excavate in, cause a nuisance on, encumber, obstruct, injure, foul or damage any portion of a highway or other public place. , and
(b) in subsection (3) by striking out "subsections (1) and (2)," and substituting "subsections (1) to (2),".
57 Section 603 is amended by adding the following subsection:
(3.1) The obligation to give notice under this section shall be considered satisfied if the clerk made a reasonable effort to mail or otherwise deliver the notice.
58 Section 612 (2) is repealed and the following substituted:
(2) A charge imposed under subsection (1) (c) for drainage facilities alone may vary in relation to the area of the land served or benefited.
(2.1) A charge imposed under subsection (1) (c) for sewerage facilities, or for combined sewerage and drainage facilities, may vary in relation to one or more of the following:
(a) the number of outlets served;
(b) the quantity of water delivered to the premises by a utility;
(c) the volume of effluent discharged by the user;
(d) classes of users or effluents.
59 Section 656 is amended by adding the following subsection:
(6.1) The obligation to give notice to an owner under this section shall be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
60 Section 662 is amended by adding the following subsection:
(6) The obligation to give notice to an owner as established by section 656 shall be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
61 Section 674 is amended by adding the following subsection:
(3.1) The council may, by bylaw,
(a) provide that the frontage tax imposed under subsection (3) may be commuted for payment in cash,
(b) set terms and conditions for a commutation under paragraph (a), and
(c) specify circumstances in which a commutation under paragraph (a) may be refused.
62 Section 689 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(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. , and
(b) by repealing subsection (2) and substituting the following:
(2) The council may, by bylaw,
(a) set fees for the purposes of subsection (1) (b), and
(b) provide that a decision of the commission under subsection (1) is subject to appeal to the council.
63 Section 735 (2) is repealed and the following substituted:
(2) At least 30 days before the contemplated action is taken under the bylaw, the council shall give written notice of this to the owner, tenant or occupier of the real property affected by the bylaw, either by serving the notice or by sending it by registered mail.
(2.1) The Supreme Court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.
64 Section 764 is amended adding "Court" after "Supreme".
65 Section 766 (2) is amended by striking out "alderman," and substituting "councillor,".
66 The following section is added:
790.1 (1) The 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) If a referendum is limited to all or part of the service area for an existing service, the costs of the referendum shall be recovered in the same manner as the annual costs for the service are recovered.
(3) If a referendum is not limited to all or part of the service area for an existing service, the costs of the referendum must
(a) be apportioned among the municipalities and electoral areas in which the referendum is held on the basis of the converted value of land and improvements as defined in section 808, and
(b) be recovered by the requisition of money under sections 809 and 809.1, as applicable.
(4) Money to be recovered under subsection (3) (b) shall be collected by a property value tax to be levied and collected under sections 810 and 810.1, as applicable, in the whole of each municipality and electoral area in which the referendum is held.
67 Section 794 (3) is repealed and the following substituted:
(3) If a board proposes to borrow money for the start of a local or extended service, the bylaw establishing the service and the loan authorization bylaw under section 813.1 must, for the purposes of obtaining assent of the electors under sections 796 to 801, be dealt with as if they were one bylaw.
68 Section 797 is repealed and the following substituted:
797 (1) Assent of the electors in a participating area under section 795 (2) (a) (i) or assent of the electors in the entire proposed service area under section 795 (3) may be obtained under this section rather than by vote under section 796 if
(a) the maximum amount that may be requisitioned under section 804 (1) (a) and (b) or 805 (1) (a) for the service is an amount equivalent to not more than 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 described in section 788 (1) (a) to (c).
(2) If the board or council proposes to seek assent under this section, it shall publish a notice in not less than 2 consecutive issues of a newspaper.
(3) The notice under subsection (2) must
(a) contain a copy of the proposed bylaw,
(b) state that counter petitions against the proposed bylaw will be provided by the board or the council, if requested,
(c) indicate the number of electors in the participating area or service area for which the assent of the electors is required to be obtained, as estimated under subsection (9), and
(d) contain other information that the Lieutenant Governor in Council may prescribe.
(4) If the proposed bylaw is amended or otherwise revised after a notice under subsection (2) has been published, the revised bylaw shall be considered a new bylaw for the purposes of this section and the publication, notice and other requirements of this section apply to the revised bylaw.
(5) For the purposes of permitting the electors to petition against the proposed bylaw, the board or council shall
(a) prepare counter petitions ready for distribution at the time it first publishes the notice under subsection (2), and
(b) distribute a counter petition to each person who requests one.
(6) A person who receives a counter petition referred to in subsection (5) may make accurate copies of the counter petition for the purposes of this section.
(7) The Lieutenant Governor in Council may make regulations prescribing the form and content of counter petitions referred to in subsection (5), and those regulations may be different for different classes of bylaws to which the counter petitions may relate.
(8) Each counter petition or accurate copy of a counter petition may be signed by one or more electors.
(9) The number of electors' signatures on counter petitions or accurate copies of counter petitions received by the board or council within 30 days after the last publication under subsection (2) shall be used to determine the results of the counter petition as follows:
(a) if the number of electors' signatures represents fewer than 5% of the electors in the area, the bylaw is deemed to have received the assent of those electors;
(b) if the number of electors' signatures represents between 5% and 50% of the electors in the area, the board or council may only proceed with the bylaw if it obtains assent of the electors under section 796;
(c) if the number of electors' signatures represents greater than 50% of the electors in the area, the bylaw is defeated.
(10) For the purpose of calculating the percentage of electors under subsection (9), the board or council shall make a fair estimate of the total number of electors in the relevant participating area or service area.
(11) Any question as to the sufficiency or accuracy of a counter petition or copy of a counter petition received by the board or council shall be determined by an officer designated by the board or council.
69 Section 798 (3) is repealed and the following substituted:
(3) Section 298 does not apply to the obtaining of assent under section 796 when required under section 797 (9) (b).
70 Section 800 (1) (a) is repealed and the following substituted:
(a) in respect of a bylaw establishing a local or extended service, if the board receives a petition under section 801, or .
71 Section 802 is amended by adding the following subsections:
(3.1) Subject to subsection (3.2), if an amending bylaw under this section or a conversion bylaw under section 767 (4) is required in order to borrow money for a local or extended service, the amending or conversion bylaw and the loan authorization bylaw under section 813.1 may, for the purposes of obtaining assent of the electors under sections 796 to 801, be dealt with as if they were one bylaw.
(3.2) The minister may order that assent of the electors to bylaws referred to in subsection (3.1) be obtained separately.
72 Section 810 (2.1) is repealed and the following substituted:
(2.1) A board may, by bylaw,
(a) provide that the frontage tax or parcel tax to be imposed under subsection (2) shall be waived or lessened in respect of real property for which the present or previous owner or the present occupier of the property has constructed at that person's own expense a portion of the water or sewerage system related to the service,
(b) provide that, for all or part of a service area, the frontage tax or parcel tax imposed under subsection (2) may be commuted for payment in cash,
(c) set terms and conditions for a waiver or reduction under paragraph (a) and for a commutation under paragraph (b), and
(d) specify circumstances in which a commutation under paragraph (b) may be refused.
73 Section 810.1 (2.1) is repealed and the following substituted:
(2.1) A board may, by bylaw,
(a) provide that the frontage tax or parcel tax to be imposed under subsection (2) shall be waived or lessened in respect of real property for which the present or previous owner or the present occupier of the property has constructed at that person's own expense a portion of the water or sewerage system related to the service,
(b) provide that, for all or part of a service area, the frontage tax or parcel tax imposed under subsection (2) may be commuted for payment in cash,
(c) set terms and conditions for a waiver or reduction under paragraph (a) and for a commutation under paragraph (b), and
(d) specify circumstances in which a commutation under paragraph (b) may be refused.
74 Section 830 is amended
(a) by repealing subsection (1) (k) and substituting the following:
(k) in relation to manufactured home parks,
(i) fixing a charge for fire protection for each space occupied by a manufactured home in a manufactured home park, payable by the person in charge of or operating the park,
(ii) fixing the time of payment of the charge, and
(iii) authorizing inspection by the improvement district of a manufactured home park and the records of the operator of the park; , and
(b) by repealing subsection (2) and substituting the following:
(2) Sections 836 and 838 to 843 apply to the collection of charges imposed under subsection (1) (k), and the money owing for the charges is deemed to be taxes recoverable under section 838.
75 Section 833 is amended by adding the following subsection:
(3.1) The obligation to send an assessment notice under subsection
(3) shall be considered satisfied if the assessor made a reasonable effort to mail or otherwise deliver the notice.
76 Section 835 is repealed and the following substituted:
835 (1) On registration of a tax bylaw, the trustees shall have sent to every registered owner of assessed land a tax notice that
(a) shows the amount of taxes owing by the assessed owner to the improvement district, and
(b) provides sufficient information on assessment and the rates of tax to show how the taxes are computed.
(2) The obligation to send a notice under subsection (1) shall be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
77 Section 838 (3) and (4) is repealed and the following substituted:
(3) Not less than 60 days before the date fixed for the tax sale, the collector of the improvement district shall give written notice in accordance with subsection (3.1) to each registered owner of a parcel proposed to be sold and to the holder of any registered charge on the parcel, either by serving the notice or by sending it by registered mail, and the collector shall retain a copy of each such notice.
(3.1) The notice must include the following:
(a) the time and place fixed for the tax sale;
(b) a short description of the land for which the taxes are owing;
(c) the amount of all taxes owing to the improvement district on the land and the amount of interest to the date of the tax sale;
(d) the amounts chargeable as expenses connected with the tax sale, including any applicable fee under the Land Title Act for issuance and registration of a tax sale deed;
(e) the upset price of the land for the purpose of the tax sale, being the total of the taxes, interest, expenses and fee;
(f) a statement that, if the amounts of taxes, interest and expenses are not paid before the tax sale, the collector will offer the land for sale by public auction at the time and place stated in the notice;
(g) a statement that the proposed tax sale of the land will be an absolute sale and that no right of redemption will remain in the owner or holder of the charge after the sale.
(3.2) The Supreme Court may, on application, order that the notice under subsection (3) may be served by substituted service in accordance with the order.
(4) No notice, publication or advertisement of the tax sale, other than that required by subsection (3), is necessary, but the trustees may direct the advertisement of a tax sale as they consider appropriate.
(4.1) In order to cover the expenses connected with a tax sale, the trustees may, by bylaw, establish amounts to be charged under subsection (4.2).
(4.2) The collector shall charge against each parcel proposed to be sold at the tax sale the amount set under subsection (4.1).
78 Section 841 (1) is repealed and the following substituted:
(1) Promptly after a tax sale the collector shall
(a) execute a deed of each parcel sold by the collector at the tax sale to the purchaser or, in case of the death of the purchaser, to the personal representative of the purchaser, and
(b) forward the deed to the registrar, together with any applicable fee under the Land Title Act.
(1.1) On receipt of a tax sale deed under subsection (1) and any applicable fee, the registrar shall register indefeasible title to the land in the name of the purchaser or the personal representative, subject to Provincial taxes owing on the land.
79 Section 842 is repealed and the following substituted:
842 (1) Subject to this section, sections 838 to 841 apply to land in respect of which taxes are in arrear if
(a) the fee simple of the land is in the Crown, either in right of the Province or of Canada, and
(b) the land is held under a mortgage to or agreement for sale from the Crown, a minister of the Crown or a board or corporation holding or having charge of the administration of the land on behalf of the Crown.
(2) At a tax sale, the land shall be sold subject to the interest of the Crown and the collector shall state at the time of sale that the interest of the Crown is prior to all claims and is not affected by the sale.
(3) The Crown may accept the tax sale purchaser as mortgagor or purchaser of the land and may deal with that purchaser to the exclusion of the person whose interest was sold at the tax sale and of all persons claiming under that person.
(4) If the Crown accepts the tax sale purchaser as mortgagor or purchaser, the Crown shall
(a) notify the trustees of this, and
(b) notify the registrar if the mortgage or agreement for sale is registered in the land title office.
(5) If the Crown does not accept the tax sale purchaser as mortgagor or purchaser or does not notify the trustees within 6 months from the date of sale that the Crown has accepted the purchaser, the purchaser is entitled to a refund from the improvement district of the amount the purchaser paid together with interest at the rate prescribed under subsection (6).
(6) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (5).
(7) If a refund is made under subsection (5), the collector shall promptly replace on the tax roll, as taxes in arrear, the amount of the taxes, interest, costs and expenses, together with the interest paid to the purchaser under that subsection.
80 Section 850 is amended
(a) in subsection (1) by repealing the last sentence, and
(b) by repealing subsection (2) and substituting the following:
(2) If a municipality or improvement district exercises a power under subsection (1) that does not constitute an expropriation within the meaning of the Expropriation Act, compensation as determined by the Expropriation Compensation Board is payable for any loss or damages caused by the exercise of the power.
81 Section 892 is repealed and the following substituted:
892 (1) Before initiating a replotting scheme, the council shall have notice of the scheme published in a newspaper published or circulating in the municipality.
(2) Also before initiating a replotting scheme, the council shall have the following sent to each owner of a parcel in the district, in the manner provided for the giving of notice under section 466:
(a) a plan showing the real property in the district as presently subdivided and a plan showing that property as if replotted under the proposed scheme, with both plans having marked on them
(i) the dimensions of the boundaries of each parcel shown, and
(ii) the scale of the plan, which must be the same for both plans and which must not be smaller than 1 to 1 000;
(b) a statement of
(i) the estimated total cost of the scheme,
(ii) the cost to be borne by the municipality,
(iii) the total cost to be borne by all the owners, and
(iv) the portion of the cost for each new parcel;
(c) a statement showing
(i) the number of instalments by which the owner's share of the cost may be paid,
(ii) at what interval after completion of the scheme the first instalment will be due, and
(iii) at what intervals any remaining instalments will be due;
(d) the proposed allotment of new parcels for former parcels;
(e) a form of consent to the replotting proposed by the scheme as it affects the owner's property, including
(i) the details of any compensation proposed to be paid by the municipality for the real property as a result of the scheme, or
(ii) the details of any sums requested to be paid to the municipality for the real property as a result of the scheme,
(iii) a space in which, if the owner signs the consent and returns it to the clerk, the owner shall set out the market or true value of the real property and the amount or proportion the owner considers to be the value of the owner's interest.
82 Section 905 (2) is amended
(a) in the opening words by striking out "may be given by" and substituting "may be given",
(b) in paragraph (a) by striking out "personal service" and substituting "by personal service", and
(c) by repealing paragraph (c) and substituting the following:
(c) on application to the Supreme Court, by substituted service in accordance with the order of the court.
83 Section 931 is repealed.
84 Section 932 (k) and (l) is repealed and the following substituted:
(k) require the owners or occupiers of real property, or their agents, to clear the property of brush, trees, noxious weeds or other growths and, in relation to this, the bylaw may provide for default and addition to the tax roll as in paragraph (h.1) (ii) and (iii);
(l) require the owners or occupiers of real property, or their agents, to prevent infestation by caterpillars and other noxious or destructive insects and to clear the property of such insects and, in relation to this, the bylaw may provide for default and addition to the tax roll as in paragraph (h.1) (ii) and (iii); .
85 Section 933 (1) (a) is amended by adding "the use of bows as defined in the Wildlife Act" after "air pistols and spring guns,".
86 Section 935 (2) is repealed and the following substituted:
(2) Before exercising a power under the bylaw, the council shall have the owner or occupier of the real property served with notice requiring the owner to take the action contemplated by the bylaw within 5 days of service of the notice.
(2.1) The Supreme Court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.
(2.2) If the owner or occupier does not
(a) take the action required by the notice under subsection (2), or
(b) appeal to the Supreme Court under subsection (3),
the municipality, by its employees or others, may enter and effect the action contemplated by the bylaw at the expense of the person given notice under subsection (2).
87 Section 936 (2) is repealed and the following substituted:
(2) The council shall give notice of an order under subsection (1) to the following persons, either by serving the order or by sending the order by registered mail:
(a) the owner of the land where the nuisance exists;
(b) all other persons who are recorded in the land title office as having an interest in the land;
(c) the agent, if known, of the registered owner of the land;
(d) the lessee or occupier of the land.
(2.1) The Supreme Court may, on application, order that service required by subsection (2) may be made by substituted service in accordance with the order.
88 Section 957 is amended by adding the following subsection:
(3.2) The obligation to deliver a notice under subsection (3) shall be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
89 Section 958 is amended by adding the following subsection:
(4.1) The obligation to deliver a notice under subsection (3) shall be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
90 Section 962 is amended by adding the following subsection:
(6.1) The obligation to give notice under subsection (5) shall be considered satisfied if the board of variance made a reasonable effort to mail or otherwise deliver the notice.
91 Section 980 is amended by adding the following subsection:
(15) The obligation to give notice under subsection (13) shall be considered satisfied if the local government made a reasonable effort to mail or otherwise deliver the notice.
92 Section 988 is repealed and the following substituted:
988 (1) A local government may, by bylaw, impose one or more of the following types of fees:
(a) application fees for
(i) an application to initiate changes to the provisions of a plan or bylaw under Divisions (1), (2), (4) and (7),
(ii) the issue of a permit by a local government under Division (5),
(iii) an amendment to a land use contract, or
(iv) an application to the board of variance;
(b) fees to cover the costs of administering and inspecting works and services under this Part that are costs additional to those related to fees under paragraph (a);
(c) subdivision application fees, which may vary with the number, size and type of parcels involved in a proposed subdivision.
(2) A fee imposed under subsection (1) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application or other matter to which the fee relates.
(3) The minister may make regulations
(a) that the minister considers necessary or advisable respecting the imposition of fees under subsection (1), and
(b) prescribing fees for applications referred to in subsection (1) (c).
(4) A regulation under subsection (3) prevails over a bylaw under subsection (1) to the extent of any conflict.
(5) No other fee, charge or levy shall be imposed in addition to a fee under subsection (1) as a condition of the matter referred to in that subsection to which the fee relates.
(6) A local government, the City of Vancouver or an approving officer shall not
(a) impose a fee, charge or levy, or
(b) require a work or service to be provided
unless authorized by this Act, by another Act or by a bylaw made under the authority of this Act or another Act.
93 (1) Section 797 of the Municipal Act, as it reads before section 68 of this Act comes into force, applies to bylaws for which the first publication of the notice of counter petition has been made in accordance with section 797 of the Municipal Act before the date on which section 68 of this Act comes into force.
(2) Section 797 of the Municipal Act, as enacted by section 68 of this Act, applies to bylaws for which the first publication of the notice of counter petition has not been made in accordance with section 797 of the Municipal Act on or after the date on which section 68 of this Act comes into force.
94 This Act comes into force by regulation of the Lieutenant Governor in Council.
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