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

BILL 77 -- 1992

MUNICIPAL AMENDMENT ACT (No. 2), 1992

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

1 Section 225 of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed and the following substituted:

Voting at council meetings

225 (1) This section applies to all meetings of council, to meetings of committee of the whole and to meetings of standing and select committees of council.

(2) If the votes of the members of the council present at the meeting at the time of the vote are equal for and against a question, the question shall be negatived and the presiding member shall so declare.

(3) A member of council present at the meeting at the time of the vote who abstains from voting shall be deemed to have voted in the affirmative.

(4) If a council member considers that he or she is not entitled to participate in the discussion of a matter or to vote on a question in respect of the matter, the member shall declare this and state the general nature of why the member considers this to be the case.

(5) After making a declaration required by subsection (4), the member

(a) shall not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter,

(b) shall immediately leave the meeting or that part of the meeting during which the matter is under consideration, and

(c) shall not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.

(6) When a declaration required by subsection (4) is made,

(a) the person recording the minutes of the meeting shall record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and

(b) the person presiding at the meeting shall ensure that the member is not present at the meeting at the time of any vote on the matter.

2 Section 781 (10) is repealed and the following substituted:

(10) Section 225 (3) to (6) applies to all meetings of the board.

3 Section 789 is amended

(a) in subsection (1) by adding the following paragraph:

(b.1) regulation of fire alarm systems and other security alarm systems; , and

(b) in subsection (2) by adding the following paragraph:

(b.1) in relation to the regulation of fire alarm systems and security alarm systems, section 932.1; .

4 Part 28 is amended by adding the following Division:

DIVISION (4.1) -- PROTECTION OF TREES

General protection of trees

929.01 (1) The council may, by bylaw applicable to all or part of the municipality, do one or more of the following:

(a) prohibit the cutting and removal of trees;

(b) regulate the cutting and removal of trees;

(c) prohibit the damaging of trees;

(d) regulate activities that may damage trees;

(e) require the replacement, in accordance with the bylaw, of trees that have been cut, removed or damaged in contravention of a bylaw under this subsection or a permit referred to in section 929.02 (1);

(f) require the maintenance of replacement trees required under paragraph (e) or by permit referred to in section 929.02 and of significant trees identified under section 929.03;

(g) require specified amounts of cash deposits, letters of credit or other forms of security for the replacement of trees under paragraph (e) and their maintenance under paragraph (f);

(h) specify circumstances in which assessments or inspections of trees or sites may be undertaken by the municipality;

(i) establish exemptions from the application of a bylaw under this subsection.

(2) A bylaw under this section may be different in relation to one or more of the following:

(a) different areas of the municipality;

(b) different species of trees;

(c) different classes of trees;

(d) different sizes of trees;

(e) different significant trees identified under section 929.03.

Regulation of tree cutting and removal

929.02 (1) Without limiting the generality of section 929.01 (1) (b), a bylaw under that section may do one or more of the following:

(a) require permits to cut or remove trees;

(b) establish fees for these permits;

(c) establish terms and conditions for the granting, refusal and use of these permits, which may include requirements for the replacement of trees that are cut or removed or that are damaged in the course of these actions;

(d) require applicants for these permits to provide plans identifying

(i) the trees proposed to be cut or removed,

(ii) the trees proposed to be retained, and

(iii) the trees proposed to be provided in replacement of the trees that are to be cut or removed.

(2) A fee under subsection (1) (b) for a permit must not include charges for an assessment or inspection required as a condition of the permit or authorized under section 929.01 (1) (h) or 929.06 (1).

Significant trees

929.03 (1) The council may, by bylaw, identify trees that the council considers significant because of their importance to the community, including importance for heritage or landmark value or as wildlife habitat.

(2) The council may provide for the placement of a plaque or other marker indicating a tree identified under subsection (1), subject to the requirement that permission for this be obtained from the owner of the real property on which the marker is placed.

Hazardous trees and shrubs

929.04 (1) The council may, by bylaw, require the owner or occupier of real property to trim, remove or cut down a tree, hedge, bush or shrub on the property if the council considers that it is

(a) a hazard to the safety of persons,

(b) likely to damage public property, or

(c) seriously inconveniencing the public.

(2) A bylaw under section 929.01 (1) (a) or (b) does not apply to a tree that is subject to a bylaw under this section.

Removal or replacement of trees at owner's expense

929.05 (1) The council may take action under this section if a person does not comply

(a) with a requirement of a bylaw under section 929.01 (1) (e) or a permit referred to in section 929.02 (1) to provide replacement trees, or

(b) with a requirement of a bylaw under section 929.04 to trim, remove or cut down trees, hedges, bushes or shrubs.

(2) In the circumstances described in subsection (1), the council may serve the person with notice that the municipality will be entitled to take the required action at the expense of the person given the notice if the person does not take that required action,

(a) in the case of a requirement referred to in subsection (1) (a), within 30 days of service, or

(b) in the case of a requirement referred to in subsection (1) (b), within 5 days of service.

(3) The Supreme Court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.

(4) If the person given notice does not take the required action within the time period referred to in subsection (2), the municipality, by its employees or others, may enter the real property and effect that action at the expense of the person given notice.

(5) If the person referred to in subsection (4) does not pay the costs of the action under that subsection on or before December 31 in the year in which the costs were incurred, the costs shall be added to and form part of the taxes payable on the real property as taxes in arrear.

Assessment and inspection of trees

929.06 (1) In addition to the authority under section 929.01 (1) (h), the council may direct that an assessment or inspection of specified trees or sites be undertaken by the municipality for the purposes of this Division.

(2) The municipality, by its employees or others, may enter onto real property and make an assessment or inspection authorized under subsection (1) or section 929.01 (1) (h) or required as a condition of a permit referred to in section 929.02 (1).

Limits on powers under this Division

929.07 (1) A bylaw under section 929.01 does not apply to land if it would have the effect of

(a) preventing all uses of the land permitted under the applicable zoning bylaw, or

(b) preventing the development of the land to the density permitted under the applicable zoning bylaw.

(2) As an exception to subsection (1), a bylaw that has an effect referred to in that subsection applies to land if the council

(a) pays compensation, as determined by the Expropriation Compensation Board, to the owner of the land for any reduction in the market value caused by the prohibition, or

(b) provides, by development permit, development variance permit or otherwise, alternative means for the land to be used for its permitted use or developed to its permitted density.

(3) Except as provided in subsection (2), no compensation is payable to any person for a reduction in the value of any interest in land that results from a bylaw under this Division or the issuance or refusal of a permit under this Division.

(4) A bylaw or permit under this Division does not apply to land and the trees on it if the land is land to which section 943 (2) applies.

5 The following section is added:

Fire and security alarm systems

932.1 (1) In relation to fire alarm systems and security alarm systems, the council may, by bylaw, do one or more of the following:

(a) require permits for the operation of these systems and establish fees for these permits;

(b) establish fees to be paid

(i) by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or

(ii) by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(c) provide that a fee under paragraph (b) (i), if unpaid, may be added to and form part of the taxes payable on the real property as taxes in arrear;

(d) exercise powers given by regulation under subsection (3);

(e) establish exemptions from the application of a bylaw under this section.

(2) A fee under subsection (1) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(3) The Lieutenant Governor in Council may, by regulation,

(a) grant additional powers to municipalities, including the City of Vancouver, to enact bylaws establishing specified prohibitions, restrictions, requirements and conditions regarding

(i) fire alarm systems and security alarm systems, and

(ii) the installation, operation, maintenance and repair of these systems, and

(b) authorize specified variations of the provisions of bylaws under paragraph (a).

(4) As an exception, a bylaw under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed.

6 Section 935 is repealed.

7 Section 962 (1) (a) is amended by adding the following paragraph:

(i.1) a bylaw under Division (4.1) of Part 28, .

8 Section 978 (1) and (3) is amended by striking out "local government" and substituting "board".

Continuation of existing tree cutting bylaws

9 Bylaws of municipalities under section 978 of the Municipal Act, as it read before section 8 of this Act came into force, remain in force and shall be deemed to have been made under Division (4.1) of Part 28 of the Municipal Act as enacted by this Act, so far as they are not inconsistent with that Division, until they are repealed or another bylaw is made in their place.

 
Consequential Amendments

 
Vancouver Charter

10 Section 279B of the Vancouver Charter, S.B.C. 1953, c. 55, is amended

(a) in subsection (3) by adding the following paragraphs:

(f) for fees to be paid

(i) by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or

(ii) by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(g) that a fee under paragraph (f) (i), if unpaid, may be inserted in the real-property tax roll as taxes in arrear;

(h) for exemptions from the application of a by-law under this section. , and

(b) by adding the following subsections:

(4) A fee under subsection (3) (f) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(5) The Council may, by by-law, exercise powers given by regulation under section 932.1 (3) of the Municipal Act in relation to security alarm systems.

11 The following section is added to Part VI:

Regulation of fire alarm systems

279C (1) In relation to fire alarm systems, the Council may, by by-law, do one or more of the following:

(a) require permits for the operation of these systems and establish fees for these permits;

(b) establish fees to be paid

(i) by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or

(ii) by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(c) provide that a fee under paragraph (b) (i), if unpaid, may be inserted in the real-property tax roll as taxes in arrear;

(d) exercise powers given by regulation under section 932.1 (3) of the Municipal Act in relation to fire alarm systems;

(e) establish exemptions from the application of a by-law under this section.

(2) A fee under subsection (1) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(3) As an exception, a by-law under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed.

12 Section 565A (j) and (k) is repealed.

13 Section 578 (1) is amended by striking out "766 to 821 and 988 (5)" and substituting "766 to 821, Division (4.1) of Part 28 and section 988 (5)".


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