1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


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


HONOURABLE ROBIN BLENCOE
MINISTER OF MUNICIPAL AFFAIRS,
RECREATION AND HOUSING

BILL 12 -- 1993

MUNICIPALITIES ENABLING AND VALIDATING (No. 2) AMENDMENT ACT, 1993

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

1 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended by adding the following Part:

 
PART 4 - 1993

Town of Sidney Port Development agreements validation

15 (1) Despite sections 322 (1) (b), 529 (2), 538 (1) and 542

(1) of the Municipal Act, agreements and other instruments entered into between January 1, 1982 and July 1, 1992 by the Town of Sidney and another party respecting or relating to the acquisition and disposition of land including improvements, or an interest in such land, in relation to the Sidney Port Development are confirmed and validated effective the date on which they were entered into.

(2) All resolutions and bylaws in relation to an agreement or instrument referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, and all things done that would have been validly done had subsection (1) in fact been in force on the day they were done shall be conclusively deemed to have been validly done.

(3) The municipality is conclusively deemed to have had the authority to enter into an agreement or instrument referred to in subsection (1) at the time at which it was entered into and to have had and continue to have the authority to carry out the agreement or instrument in accordance with its terms.

(4) 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.

Nanaimo Beban Park agreement validation

16 (1) Despite the Municipal Act and the letters patent of the Nanaimo Regional District, the agreement between the City of Nanaimo and the Nanaimo Regional District dated December 28, 1990 and referred to in the City of Nanaimo bylaw cited as "Beban Park Master Agreement Bylaw 1991 No. 3838" is confirmed and validated and is binding on the parties and within their powers, effective the date on which it was entered into.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

District of Invermere Industrial Park agreement validation

17 (1) All agreements entered into between January 1, 1981 and December 31, 1992 between the Village of Invermere or its successor, the District of Invermere, and the Province of British Columbia regarding the provision of loans by the Province to the municipality for the purpose of purchasing, developing and servicing industrial lands within the municipality, are confirmed and validated effective the date on which they were entered into despite the provisions of the Municipal Act requiring the adoption of bylaws authorizing the agreements.

(2) All resolutions and bylaws in relation to an agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, and all things done that would have been validly done had subsection (1) in fact been in force on the day they were done shall be conclusively deemed to have been validly done.

(3) The municipality is conclusively deemed to have had the authority to enter into an agreement referred to in subsection (1) at the time at which the agreement was entered into and to have had and continue to have the authority to carry out the agreement in accordance with its terms.

(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

Regional District of Fraser-Cheam: Hope Airport transfer

18 Despite section 535 of the Municipal Act, the Regional District of Fraser-Cheam may enter into an agreement with the Government of Canada that provides for ownership of the Hope Airport to be transferred from the Government of Canada to the regional district and that includes an option for the Government of Canada to repurchase the transferred property from the regional district.

Burnaby services to Jericho Hill School

19 (1) The City of Burnaby may, by agreement with the Board of School Trustees of School District No. 41 (Burnaby), provide health and social services to the students enrolled in the Jericho Hill Provincial Resource Program, whether those services are to be provided within the municipality or outside the municipality.

(2) All resolutions and bylaws in relation to the services referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted to the extent they would have been valid had subsection

(1) been in force on the date they were adopted.

(3) The City of Burnaby is conclusively deemed to have had the authority to enter into an agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and continue to have the authority to carry out the agreement.

(4) This section shall be deemed to have come into force on September 1, 1992 and is retroactive to the extent necessary to give it effect on and after that date.

 
Explanatory Notes

SECTION 1:


[ Return to: Legislative Assembly Home Page ]

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada