1994 Legislative Session: 3rd Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the
4th day of July, 1994
Ian D. Izard, Law Clerk.
HONOURABLE DARLENE MARZARI
MINISTER OF MUNICIPAL AFFAIRS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1.1 (b) of the Assessment Act, R.S.B.C. 1979, c. 21, is amended by striking out "of this subsection" and substituting "of this section".
2 Section 2 (3) is repealed and the following substituted:
(3) When completing an assessment roll, the assessor shall use the information contained in the records of the land title office as those records stood on November 30 of the year in which the assessment roll is completed.
3 Section 40.1 (1) is repealed and the following substituted:
(1) The assessor shall notify the Court of Revision if any of the following circumstances apply:
(a) because of a change of ownership that occurs after November 30 and before the following January 1 and that is recorded in the records of the land title office before that January 1,
(i) land or improvements or both that were not previously liable to taxation become liable to taxation, or
(ii) land or improvements or both that were previously liable to taxation cease to be liable to taxation;
(b) after October 31 and before the following January 1, a manufactured home is moved to a new location or destroyed;
(c) after October 31 and before the following January 1, a manufactured home is placed on land that has been assessed or the home is purchased by the owner of land that has been assessed;
(d) after November 30 and before the following January 1, land or improvements or both are transferred to or from the British Columbia Hydro and Power Authority and the transfer is recorded in the records of the land title office before that January 1;
(e) land or improvements or both that are owned by the British Columbia Hydro and Power Authority are held or occupied by another person, and that person's interest commences or terminates after November 30 and before the following January 1;
(f) land or improvements or both that are owned by British Columbia Railway Company or by its subsidiary are held or occupied by another person, and that person's interest commences or terminates after November 30 and before the following January 1;
(g) land or improvements or both that are referred to in section 34, 35 or 36 are held or occupied by a person other than the owner of the fee simple, and that person's interest commences or terminates after November 30 and before the following January 1.
4 Section 23 of the Building Safety Standards Act, S.B.C. 1981, c. 11, is amended by striking out "31 to 34" and substituting "31, 32 and 34".
5 Section 33 of the Fire Services Act, R.S.B.C. 1979, c. 133, is repealed.
6 Section 6 (2) of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by striking out "two-thirds of its members." and substituting "2/3 of the votes cast."
7 Section 7A is amended
(a) in subsection (2) by striking out "two-thirds of its members." and substituting "2/3 of the votes cast.", and
(b) in subsection (3) by striking out "two-thirds of its members," and substituting "2/3 of the votes cast,".
8 Section 8 (4) to (7) is repealed and the following substituted:
(4) The members of the Board have the same number of votes to which they are entitled as members of the board of the Greater Vancouver Regional District or to which they would be entitled if they were members of that board and, for these purposes, section 775 of the Municipal Act applies.
(5) Section 225 (1) to (10) of the Municipal Act applies to the Board and, to the extent that they are not inconsistent with this Act, sections 781 (15), 782 and 783 of the Municipal Act apply to the Board.
(6) A member of the Board who votes must cast all available votes for the same objective.
(7) A municipality and the Director representing Electoral Area A (University Hill) may appoint a person as an alternate member of the Board, and sections 778 and 779 of the Municipal Act apply as if an alternate member were an alternate director.
9 Section 10 (4) is repealed and the following substituted:
(4) Sections 779.1, 780 and 780.1 of the Municipal Act apply to the Board and, for these purposes, the Chairman, Deputy Chairman, members and alternate members of the Board are to be considered directors within the meaning of those sections.
(4.1) A member of the Board may not receive remuneration, reimbursement or expenses from more than one of the Greater Vancouver Regional District, the Greater Vancouver Sewerage and Drainage District and the Greater Vancouver Water District in respect of the same matter or concurrent meetings.
10 Sections 11 and 12 are repealed.
11 Section 14 is amended
(a) in subsection (1) by striking out "a majority of the members of the Board present." and substituting "a majority of the votes cast.", and
(b) by adding the following subsection:
(3) Except as otherwise provided in this Act, the business of the Board shall be conducted in accordance with the procedure established in the procedural bylaw of the Greater Vancouver Regional District under section 784 of the Municipal Act.
12 Section 16A (1) is amended by striking out "two-thirds of the members present" and substituting "2/3 of the votes cast".
13 Section 18 is repealed and the following substituted:
18 In addition to the duties and powers established by the Board, the Secretary has the duties and powers of the clerk of a municipality under section 244 of the Municipal Act.
14 Section 20 is repealed and the following substituted:
20 In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of the treasurer of a municipality under section 245 of the Municipal Act.
15 Section 22 is repealed and the following substituted:
22 (1) The Secretary shall be the custodian of the corporate seal.
(2) The Secretary shall cause the corporate seal to be affixed to a document when required by law or by resolution of the Board.
16 Section 34 is repealed.
17 Section 53 is amended by striking out "the twenty-first day of March" and substituting "the thirty-first day of March".
18 Section 55 is repealed and the following substituted:
55 (1) The apportionment of the annual estimate to each member municipality shall be determined in accordance with this section.
(2) The amount required relating to a sewerage or drainage area that is entirely within a municipality shall be apportioned to that municipality, unless a by-law under subsection (4) applies.
(3) The amount required relating to a sewerage or drainage area that includes all or some of 2 or more municipalities shall be apportioned to those municipalities on the basis of the converted value of land and improvements in the area, within the meaning of section 808 of the Municipal Act, unless a bylaw under subsection (4) applies.
(4) For a sewerage or drainage area referred to in subsection (2) or (3), the Board may, by by-law, establish a different method of apportionment of costs among the member municipalities.
19 Section 10 (4) to (6) of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is repealed and the following substituted:
(4) The members of the Board have the same number of votes to which they are entitled as members of the board of the Greater Vancouver Regional District or to which they would be entitled if they were members of that board and, for these purposes, section 775 of the Municipal Act applies.
(5) Section 225 (1) to (10) of the Municipal Act applies to the Board and, to the extent they are not inconsistent with this Act, sections 781 (15), 782 and 783 of the Municipal Act apply to the Board.
(6) A member of the Board who votes must cast all available votes for the same objective.
(7) A municipality and the Director representing Electoral Area A (University Hill) may appoint a person as an alternate member of the Board, and sections 778 and 779 of the Municipal Act apply as if an alternate member were an alternate director.
20 Section 12 (4) and (5) is repealed and the following substituted:
(4) Sections 779.1, 780 and 780.1 of the Municipal Act apply to the Board and, for these purposes, the Chairman, Deputy Chairman, members and alternate members of the Board are to be considered directors within the meaning of those sections.
(5) A member of the Board may not receive remuneration, reimbursement or expenses from more than one of the Greater Vancouver Regional District, the Greater Vancouver Sewerage and Drainage District and the Greater Vancouver Water District in respect of the same matter or concurrent meetings.
21 Section 17 is amended
(a) in subsection (1) by striking out everything after "and for giving effect to the provisions of this Act", and
(b) by adding the following subsection:
(4) Except as otherwise provided in this Act, the business of the Board shall be conducted in accordance with the procedures established in the procedural bylaw of the Greater Vancouver Regional District under section 784 of the Municipal Act.
22 Section 18 is amended by striking out "Secretary or Acting- Secretary." and substituting "Secretary, Acting Secretary or Assistant Secretary."
23 Section 19 is amended by striking out "Secretary or Acting- Secretary" and substituting "Secretary, Acting Secretary or Assistant Secretary".
24 Section 21 is repealed and the following substituted:
21 In addition to the duties and powers established by the Board, the Secretary has the duties and powers of the clerk of a municipality under section 244 of the Municipal Act.
25 Section 23 is repealed and the following substituted:
23 In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of the treasurer of a municipality under section 245 of the Municipal Act.
26 Section 25 is amended by striking out "March" and substituting "April".
27 Section 26 is repealed and the following substituted:
26 Process against the Corporation shall be served on the Chairman of the Board, the Secretary or a Commissioner.
28 Section 27 is repealed and the following substituted:
27 (1) The Secretary shall be the custodian of the corporate seal.
(2) The Secretary shall cause the corporate seal to be affixed to a document when required by law or by resolution of the Board.
29 Section 42 is repealed.
30 Section 44 (1) is amended by striking out "two-thirds of the members present" and substituting "2/3 of the votes cast".
31 Section 68 is amended by striking out "Secretary or Acting- Secretary," and substituting "Secretary, Acting Secretary or Assistant Secretary,".
32 Section 8 (2) (a) of the Islands Trust Act, S.B.C. 1989, c. 68, is repealed.
33 The following section is added:
8.1 (1) For the purpose of carrying out the object of the trust, the trust council may enter into, on its own behalf or on behalf of one or more local trust committees, agreements with one or more of the following respecting the coordination of activities within the trust area:
(a) the government of British Columbia;
(b) the government of Canada;
(c) an agent of the government of British Columbia or Canada;
(d) a municipality, regional district or board of school trustees.
(2) An agreement under subsection (1) is subject to the approval of the minister.
(3) If there is a conflict between an agreement under subsection (1) and a bylaw or agreement of a local trust committee, the agreement under subsection (1) prevails.
34 Section 9 is repealed and the following substituted:
9 The trust council may, by bylaw adopted by at least 2/3 of its members present at the meeting at which the vote on adoption takes place, delegate its powers under sections 8 (1) (d) and (f) and (2) (b) to (g) and 8.1 (1), subject to any restrictions or conditions specified in the bylaw.
35 The following section is added:
9.1 (1) The trust council may, by bylaw adopted by at least 2/3 of its members present at the meeting at which the vote on adoption takes place, establish procedures that one or more local trust committees, as specified in the bylaw, must follow in exercising their authority and carrying out their responsibilities under this or any other enactment.
(2) Without limiting subsection (1), the trust council may establish procedures in relation to one or more of the following:
(a) the conduct of local trust committee meetings;
(b) the consideration and adoption of resolutions and bylaws;
(c) the receipt and consideration of applications for amendments to bylaws and community plans;
(d) the receipt and consideration of applications for permits and the issuance of permits.
(3) The procedures established by a bylaw under subsection (1) are in addition to any procedures applicable to a local trust committee under this Act or any other enactment.
(4) If there is a conflict between a bylaw under subsection (1) and a bylaw of a local trust committee respecting its procedures in exercising its authority and carrying out its responsibilities, the bylaw under subsection (1) prevails whether it was adopted before or after the bylaw of the local trust committee.
36 Section 18 is repealed and the following substituted:
18 (1) The executive committee shall be comprised of the chairperson and vice chairpersons elected under this section.
(2) Unless a higher number of vice chairpersons is established under subsection (3), there are to be 2 vice chairpersons.
(3) On the recommendation of the trust council, the Lieutenant Governor in Council may, by regulation, increase or decrease the number of vice chair persons, subject to the restriction that this number may not be decreased to fewer than 2 vice chairpersons.
(4) As soon as practicable after the election of local trustees under section 6, the trust council shall elect from among its members the chairperson and vice chairpersons.
(5) If a regulation under subsection (3) increases the number of vice chairpersons, as soon as possible after this increase, the trust council shall elect from among its members vice chairpersons for the new offices.
(6) The term of office for a member of the executive committee is from the time of the person's election until,
(a) in the case of a person elected under subsection (4), the person's successor is elected under subsection (4), and
(b) in the case of a person elected under subsection (5),
(i) the person's successor is elected under subsection (4), if there has not been a decrease in the number of vice chairpersons since the person was elected, or
(ii) the next election under subsection (4), if there has been a decrease in the number of vice chairpersons since the person was elected.
(7) If an office on the executive committee becomes vacant before the end of the term of the person elected to it under subsection (4) or (5), the trust council shall elect from among its members a person to fill the vacancy for the remainder of the term.
(8) Elections under subsection (4), (5) or (7) must be in accordance with the regulations.
37 Section 22 (2) is repealed and the following substituted:
(2) For the purpose of carrying out the object of the trust, each local trust committee may do the following:
(a) enforce its bylaws in accordance with section 26;
(b) regulate the development and use of land within its local trust area in accordance with sections 27 and 28;
(c) enter into agreements with municipalities, regional districts and boards of school trustees respecting the coordination of activities in the local trust area.
38 Section 28 is amended by adding the following subsection:
(5) Subject to the terms of the permit, if the holder of a permit under this section does not substantially commence the construction with respect to which the permit was issued within 2 years after the date it was issued, the permit lapses.
39 Section 36 (1) is repealed and the following substituted:
(1) The board of trustees for the Islands Trust Fund shall be comprised of the following:
(a) one member of the executive committee, elected from among its members by the executive committee;
(b) 2 persons elected by the trust council from among its members in accordance with the regulation;
(c) the persons appointed by the minister under subsection (2).
(1.1) The term of office for a person elected under subsection (1) (a) or (b) is the same as for a vice chairperson elected under section 18 (4) and, if the office becomes vacant before the end of the term of the person elected to it, an election to fill the vacancy shall be held in accordance with section 18 (7).
40 Section 37 is amended by adding the following subsection:
(2.1) For the purpose of acquiring, holding and disposing of land and other property under subsection (2) (c), the trust fund board may use the money, land and other property of the trust fund.
41 Section 49 (e) is repealed and the following substituted:
(e) respecting the election of the executive committee and members of the trust fund board, .
42 Section 1 of the Municipal Act, R.S.B.C. 1979, c. 290, is amended
(a) by repealing the definition of "elector" and substituting the following:
"elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area; ,
(b) by repealing the definition of "newspaper" and substituting the following:
"newspaper" means, in relation to a requirement or authorization for publication in a newspaper, a publication or local periodical that contains items of news and advertising; , and
(c) by repealing the definition of "property elector" and substituting the following:
"non-resident property elector" means, in relation to a municipality or regional district electoral area, a person who at the relevant time meets the qualifications under section 52 in relation to the jurisdiction; .
43 The following section is added:
2.1 (1) Where notice is required by this Act to be given by publication in a newspaper, the notice must be published in accordance with this section.
(2) The notice may 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) if the affected area is not within the municipality or regional district for which the notice is to be given, in the municipality or regional district for which the notice is to be given.
(3) The notice may be published in more than one newspaper if the notice is published in accordance with subsection (2) when the publications are considered together.
(4) If publication under subsection (2) or (3) is not practical, the notice may be given within the areas referred to in subsection (2) (a) and (b) by alter native means as long as the notice
(a) is given within the same time period as required for publication,
(b) is given with the same frequency as required for publication, and
(c) provides notice that, in the view of the body required to give the notice, is reasonably equivalent to that which would be provided by publication.
(5) As an exception, subsection (4) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident within the area.
44 Section 15 (b) is amended by striking out "shall publish, in a newspaper that is published or circulating in the municipality," and substituting "shall publish in a newspaper".
45 Section 22 (4) is amended by striking out "circulating in the municipality".
46 Section 23 (2) is amended by striking out "circulating in the municipality".
47 Section 26 (2) (a) is amended by striking out "circulating in the municipality".
48 Section 35 is amended by adding the following definition:
"residential address" includes an indication of the area in which a person lives if no other specific designation is reasonably available; .
49 Section 41 is amended by adding the following subsections:
(4) An agreement referred to in subsection (2) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.
(5) An election to which an agreement referred to in subsection (4) applies is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the jurisdiction for which an election is held.
(6) Without limiting subsection (4), an agreement referred to in that subsection may allow a local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the jurisdiction for which the election is held.
(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the jurisdiction, an advance voting opportunity must be open to all electors of the jurisdiction on the same day.
(8) So long as any required advance voting opportunities are provided, no bylaw is necessary for an advance voting opportunity required by subsection (7), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.
(9) The chief election officer must give notice of a voting opportunity to which subsection (8) applies in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
50 Section 50 (2) is amended by adding the following paragraph:
(d) a person who has contravened section 151 (3) in relation to the election.
51 Section 52 (1), (2), (3), (5) and (8) is amended by striking out "property elector" and substituting "non-resident property elector".
52 Section 56 (1) (b) and (4) is amended by striking out "property elector," and substituting "non-resident property elector,".
53 Section 57 is amended
(a) in subsection (3) by striking out "property electors" and substituting "non-resident property electors", and
(b) by repealing subsection (5) and substituting the following:
(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the municipal clerk or regional district secretary, as applicable, must give public notice of the close of advance registration in accordance with section 45.
54 Section 58 (1) (b) is amended by striking out "property elector," and substituting "non-resident property elector,".
55 Section 59 (1) and (4) (a) is amended by striking out "property elector" and substituting "non-resident property elector".
56 Section 62 is amended
(a) in subsection (3) by striking out "property electors" and substituting "non-resident property electors", and
(b) by adding the following subsection:
(8) For the purposes of subsection (3), the register of electors may contain only the residential address of each resident elector as required to be included on an application under section 56.
57 Section 63 is amended
(a) in subsection (2) by striking out "property elector." and substituting "non-resident property elector.", and
(b) by adding the following subsections:
(9) Before receiving a list of registered electors, a person referred to in subsection (8) must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.
(10) The chief election officer may amend a list of registered electors that is to be provided under subsection (8), or that is to be available for public inspection, by omitting or obscuring the address of an elector or other information about an elector in order to protect the privacy or security of the elector.
(11) If requested by an elector, the chief election officer must amend a list of registered electors as authorized by subsection (10) in relation to the information regarding the elector.
58 Section 71 (2) is amended by striking out "property elector" and substituting "non-resident property elector".
59 Section 72 (1) (f) is repealed and the following substituted:
(f) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector; .
60 Section 77 is amended by adding the following subsections:
(5) For the purposes of including the residential address of a candidate in a notice under this section, an address that indicates the jurisdiction in which the candidate is resident is sufficient.
(6) If requested by a candidate in sufficient time to reasonably have this done, the residential address of the candidate included in a notice under this section must be limited to the jurisdiction in which the candidate is resident.
61 Section 79 (6) (a) is repealed and the following substituted:
(a) the elector organization withdraws its endorsement before 4 p.m. on the 29th day before general voting day by delivering to the chief election officer by that time
(i) a written withdrawal signed by a director or other official of the elector organization, and
(ii) a solemn declaration of the official signing the withdrawal that, to the best of that person's knowledge, information and belief, the elector organization has authorized the person to make the withdrawal, or .
62 Section 93 is amended by adding the following subsection:
(3) Before inspecting a document referred to in subsection (1), a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.
63 Section 103 (4) and (5) (b) is amended by striking out "property electors" and substituting "non-resident property electors".
64 Section 115 (1) (c) (iii) is amended by striking out "property elector," and substituting "non-resident property elector,".
65 Section 121 (3) (a) (iii) is amended by striking out "property elector," and substituting "non-resident property elector,".
66 Section 143 (5) (c) is repealed and the following substituted:
(c) that an election or the election of a candidate should be declared invalid because section 151, 152 or 153 (2) (a) was contravened.
67 Section 150 is amended
(a) by repealing subsection (3) (a) and substituting the following:
(a) the nomination documents for the candidates in the election, other than the documents filed under the Financial Disclosure Act; , and
(b) by repealing subsection (6) (f) and substituting the following:
(f) any solemn declarations and any written statements or declarations in relation to voting proceedings, other than those used for the regis tration of electors.
68 Section 153 (1) is amended by adding the following paragraph:
(c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 79 (6) (a) with the authorization of the elector organization.
69 Section 156 (2) (a) is amended by striking out "property electors;" and substituting "non-resident property electors;".
70 Section 161 (1) (a) is amended by striking out "property elector," and substituting "non-resident property elector,".
71 Section 171 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity. , and
(b) by repealing subsection (4).
72 Section 209 (5) (a) (ii) is amended by striking out "property electors" and substituting "non-resident property electors".
73 Section 211 (1) is repealed and the following substituted:
(1) A person elected or appointed to office on a municipal council must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:
(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;
(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;
(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.
74 Section 330 (2) is amended by striking out "circulating in the municipality".
75 Section 375 is repealed and the following substituted:
375 (1) A council may proceed under this section if
(a) for any cause it appears expedient to provide money in advance of the requirements for retirement at maturity of outstanding municipal debentures, or
(b) the proceeds from the sale of assets are required to be held for debt retirement.
(2) In the circumstances described in subsection (1), the council may, by bylaw, provide for the following:
(a) setting aside in each year money as may be deemed necessary for a proposed scheme of debt financing;
(b) setting aside the proceeds of a sale of assets, as specified in the bylaw, for a debt retirement fund to meet in full or in part, at or before maturity, outstanding debentures issued for the assets;
(c) the administration and investment under this Part of money set aside under the bylaw.
(3) The bylaw may contain directions
(a) to levy during specified years, by rate sufficient to raise the money fixed by the bylaw under subsection (2) (a), and
(b) not to levy in any future year all or part of the annual money required to repay the principal of outstanding debentures.
(4) A bylaw with directions to levy a rate for the purposes of this section must receive the assent of the electors.
(5) A bylaw under this section must not extend the term of a debenture debt beyond the period originally fixed for it.
76 Section 382 is repealed and the following substituted:
382 If the amount to the credit of a reserve or local improvement fund is greater than required, the council may, by bylaw, transfer all or part of the amount to another fund established under this Part.
77 Section 385 is repealed.
78 Section 399 (4) is repealed and the following substituted:
(4) A bylaw or resolution approved under section 398 (1) or this section after October 31 in any year is not effective for taxation in the next calendar year.
79 Section 400 (1) is amended by striking out "Prior to August 31 in any year," and substituting "On or before October 31 in any year," .
80 Section 429.1 (1) is repealed and the following substituted:
(1) If a plan of subdivision is deposited in the land title office after November 30 in any year and before June 1 in the next year, the collector may
(a) apportion the taxes payable in that next year between the parcels created by the subdivision in the same proportions as taxes would have been payable in respect of the parcels had the subdivision occurred on or before November 30 in the first year, and
(b) on making an apportionment under this subsection, record the apportionment in the manner that the collector considers necessary.
81 Section 457 is amended by adding the following subsection:
(1.2) The collector may act as auctioneer.
82 Section 459 is repealed and the following substituted:
459 (1) Notice of the time and place of the tax sale and the description and street address, if any, of the property subject to tax sale must be published in not fewer than 2 issues of a newspaper.
(2) The last publication under subsection (1) must be at least 3 days and not more than 10 days before the date of the tax sale.
83 Section 469 (3) is repealed and the following substituted:
(3) If surplus money remains unpaid 6 months after the end of the redemption period, the council shall, in the next month, have published in a newspaper a notice stating
(a) the name of the owner to whom the surplus is payable,
(b) the date it became payable, and
(c) the amount of the surplus.
(4) If the surplus remains unclaimed 3 months after publication under subsection (3), it must be transferred in trust to the Minister of Finance, subject to payment on application at any time to the person entitled.
84 Section 484 (2) is repealed and the following substituted:
(2) The council shall establish the time and place for the sitting of the Court of Revision, and shall have notice of this published in a newspaper at least 2 weeks before the day of the sitting.
85 Section 535 is amended by renumbering the section as section 535 (1) and by adding the following subsection:
(2) This section does not apply to an option in favour of the government of British Columbia, the government of Canada, a municipality including the City of Vancouver, a regional district or a board of school trustees.
86 Section 538 (2) is repealed and the following substituted:
(2) A parcel of land on which there is a building or structure of any kind shall not be offered for sale by a municipality unless a notice of intention to sell it has been published in a newspaper not more than 3 months and at least one week before the sale of the parcel.
87 Section 543 is repealed and the following substituted:
543 Sections 538 and 542 (2) and (3) do not apply to a sale or lease of real property to the government of British Columbia, the government of Canada, a municipality including the City of Vancouver, a regional district or a board of school trustees, or to a lease of real property for the purpose of providing land for housing.
88 Section 574 (3) is repealed and the following substituted:
(3) Before adopting a bylaw under this section, the council shall have notice of its intention published in a newspaper once each week for 2 consecutive weeks.
89 Sections 596 to 599 are repealed and the following substituted:
596 (1) A district municipality has, and is deemed to have had since its incorporation, the right to
(a) collect the water from any highway by means of drains or ditches, and
(b) convey to and discharge the water in the most convenient natural waterway or watercourse.
(2) A district municipality desiring to construct ditches or drains authorized by subsection (1) must have published in a newspaper once a week for 4 consecutive weeks notice that
(a) the municipality intends to undertake the works,
(b) plans and specifications of the works may be inspected at the office of the clerk, and
(c) all claims for damages or compensation arising out of the construction, maintenance, operation or use of the works must be filed with the clerk within one month from the date of the fourth publication of the notice under this subsection.
(3) No person has a claim for damages or compensation arising out of or by reason of the construction, maintenance, operation or use of the ditches or drains unless the person has filed a claim referred to in subsection (2) (c) within the time period established by that subsection.
(4) If the municipality proceeds with the works or a portion of them, every claim must be determined in accordance with Division (4) of Part 12.
(5) If the construction of the drains or ditches is not commenced within one year from the date of the fourth publication of the notice under subsection (2), the construction must not proceed unless new notice is given in accordance with that subsection.
(6) No action arising out of, by reason of or in respect of the construction, maintenance, operation or use of a drain or ditch authorized by this section, whenever the drain or ditch is or was constructed, may be brought or maintained in a court against a district municipality.
(7) This section does not restrict the powers of the municipality under this Act or another enactment and, in the case of a conflict, this section prevails.
90 Section 645 (4) (a) is repealed and the following substituted:
(a) before adopting the bylaw, the council shall have a notice published in a newspaper once each week for 4 consecutive weeks, stating the intention of the council to withdraw the land from the forest reserve, the purpose for which it is to be withdrawn, and, in the event of sale, the price that is to be received, and .
91 Section 649 is amended by repealing the definition of "publication" and substituting the following:
"publication" means publication by one insertion in a newspaper; .
92 Section 675 is repealed and the following substituted:
675 (1) The council may, by bylaw, provide for the borrowing from any person or for the appropriation from the local improvement fund of money necessary to meet the cost of a work or the capital cost of a service for an area established under section 674.
(2) Part 6 applies to a bylaw under subsection (1) except that, where the assent of the electors is required under that Part, compliance with section 674 (4) is deemed to be compliance with the requirement to obtain that assent.
(3) A money bylaw that, if passed under any other provision of this Act dealing with money bylaws, would require the approval of the minister before coming into force does not come into force until it has received the approval of the minister.
(4) Subject to subsections (5) and (6) and section 676 and despite section 674 (3), if the capital cost of the work or service is met out of money borrowed or appropriated under subsection (1), the entire capital cost of the work or service must be borne by the area specified in the bylaw.
(5) The cost of any capacity of the work or service in excess of that required for the specified area may be borne by the municipality unless the specified area is extended or merged and the full capacity of the work or service is required for the extended area or merged area, in which case the excess cost must no longer be borne by the municipality but by the extended area or merged area.
(6) The council may, by bylaw, provide that a part of the cost of the work or service for a downtown revitalization project approved by the inspector is to be borne by the municipality.
(7) A bylaw under subsection (6) must receive the assent of the electors in the whole of the municipality and, for these purposes, section 330 applies as if the bylaw were a bylaw under section 330 (1) (b).
93 Section 679 is amended by adding the following subsection:
(4) A bylaw under subsection (1) (f) may set different fees for different classes of persons or activities, as specified in the bylaw.
94 Section 686 (3) is repealed and the following substituted:
(3) Before adopting a bylaw under this section, the council shall give notice of its intention by publication in a newspaper once each week for 2 consecutive weeks.
95 The following section is added to Division (2) of Part 18:
698.1 The council may provide for social planning to be undertaken, including research, analysis and coordination relating to social needs, social well- being and social development in the municipality.
96 Section 707 (4) is repealed and the following substituted:
(4) A sale may be by public auction or otherwise as determined by council.
(4.1) Except in the case of property of no apparent marketable value, one week's public notice of sale describing the property to be sold must be given by publication in a newspaper.
97 Section 781 (10) is repealed and the following substituted:
(10) Section 225 (1) and (3) to (10) applies to all meetings of the board.
98 Section 787 is amended by adding the following paragraph:
(g) social planning services, including research, analysis and coordination relating to social needs, social well-being and social development in the regional district.
99 Section 819.1 is amended
(a) in subsection (3) by striking out "Before August 31 in any year," and substituting "On or before October 31 in any year," , and
(b) by repealing subsection (4) (a) and substituting the following substituted:
(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; .
100 Section 892 (1) is repealed and the following substituted:
(1) Before initiating a replotting scheme, the council shall have notice of the scheme published in a newspaper.
101 Section 929.01 is amended by adding the following subsections:
(3) Interest on security under subsection (1) (g) becomes part of the security.
(4) Security under subsection (1) (g) may be used for the purposes referred to in that subsection, but any amount not required for those purposes must be returned to the person who provided the security.
102 Section 929.02 (1) is amended by adding the following paragraph:
(e) establish circumstances in which a permit under this section may be revoked.
103 Section 929.07 (1) and (2) is repealed and the following substituted:
(1) If a bylaw under section 929.01 would have the effect on a parcel of land of
(a) preventing all uses permitted under the applicable zoning bylaw, or
(b) preventing the development to the density permitted under the applicable zoning bylaw, the bylaw does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density.
(2) As an exception to subsection (1), a bylaw that has an effect referred to in that subsection applies without limit to a parcel if the council, by resolu tion, commits the municipality to
(a) pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or
(b) provide, by development permit, development variance permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density.
(2.1) For the purposes of subsection (2) (a), the compensation must be as determined and paid as soon as reasonably possible in an amount set
(a) by agreement between the owner and the municipality, or
(b) if no agreement is reached, by the Expropriation Compensation Board.
(2.2) For the purposes of subsection (2) (b), the council may issue a development permit or development variance permit on its own initiative without an application from the owner.
104 The following section is added to Division (4.1) of Part 28:
929.08 (1) The council may, by bylaw adopted by at least 2/3 of the votes cast, authorize an officer or employee to do one or more of the following, subject to any limits or conditions established by the council:
(a) require an applicant for a permit under section 929.02 (1) (a) to provide a plan as described in paragraph (d) of that subsection or, if a bylaw under paragraph (d) of that subsection requires the provision of such a plan, exempt the applicant from that requirement;
(b) establish which of the terms and conditions established under section 929.02 (1) (c) apply to the granting and use of a specific permit under section 929.02 (1) (a);
(c) revoke a permit under section 929.02 (1) (a) if one or more of the circumstances specified in a bylaw under section 929.02 (1) (e) apply;
(d) act as a delegate of the council to exercise the powers and perform the duties of the council under section 929.05;
(e) act as a delegate of the council to exercise the powers and perform the duties of the council under section 929.06.
(2) The owner or occupier of real property that is subject to a decision under subsection (1) is entitled to have the municipality reconsider the matter without charge, in which case the council has the same authority as that conferred under that subsection.
(3) A bylaw under subsection (1) must establish procedures regarding applying for and dealing with a reconsideration under subsection (2).
(4) If an officer or employee acts under subsection (1) (d), the notice under section 929.05 (2) must include the following information:
(a) that the person may apply to the council for a reconsideration of the requirement;
(b) how the person may obtain information regarding an application for reconsideration;
(c) that the person is not required to take the action required under section 929.05 until the council confirms the requirement on a recon sideration.
105 Section 945 is amended by adding the following subsection:
(2.2) A community plan may include policies of the local government relating to social needs, social well- being and social development.
106 Section 956 is amended
(a) by repealing subsections (6) and (7), and
(b) in subsection (8) by striking out "in subsection (6)." and substituting "under section 956.1."
107 The following section is added:
956.1 (1) A board may delegate the holding of a specified hearing under section 956, a specified class of those hearings or those hearings generally.
(2) A delegation under this section may be to one or more directors or alternate directors, identified specifically or by the electoral area or munic ipality that they represent.
(3) A delegation under this section in relation to a class of hearings or hearings generally does not apply to a hearing unless
(a) the delegation was established before notice of the hearing was given under section 957, and
(b) the resolution or bylaw establishing the delegation is available for public inspection along with copies of the bylaw referred to in section 957 (2) (a) (v).
(4) For certainty, if a delegation has been made in relation to a class of hearings or hearings generally, the board may exercise its authority under subsection (1) to change that delegation to a different delegation in relation to a specific hearing.
(5) If the holding of a hearing has been delegated, the board must not adopt the bylaw that is the subject of the hearing until the delegate reports to the board the views expressed at the hearing.
(6) A report under subsection (5) may be made orally or in writing.
108 Section 959 (2) is amended by striking out "under section 956 (6)." and substituting "under section 956.1."
109 Section 962 (1) (a) (i.1) is repealed and the following substituted:
(i.1) a bylaw under Division (4.1) of Part 28 other than
(A) a bylaw under section 929.04, or
(B) a bylaw that has an effect referred to in section 929.07 (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, .
110 Section 968 is repealed and the following substituted:
968 (1) A local government may, by bylaw, require, set standards for and regulate the provision of screening or landscaping to mask or separate uses.
(2) A bylaw under subsection (1) may set different requirements, standards and regulations for one or more of the following:
(a) different zones;
(b) different uses within a zone;
(c) different locations within a zone.
111 Section 973 (3) is repealed and the following substituted:
(3) Subsection (1) does not apply to a zoning bylaw or a subdivision servicing bylaw that
(a) applies only to an area that is subject to an official community plan or to an official settlement plan under section 809 (3) of this Act before that section was repealed by section 4 of the Municipal Amendment Act, 1985, and
(b) is consistent with the official community plan or official settlement plan.
112 Section 975 (5.1) is repealed and the following substituted:
(5.1) Sections 956, 956.1, 957, 959 and 973, as they apply to a rural land use bylaw, apply to a bylaw under subsection (1.1).
113 Section 982 (6) is repealed and the following substituted:
(6) Subsection (5) does not apply if the land affected by the amendment is in an area that is subject to an official community plan or an official settlement plan under section 809 (3) of this Act before that section was repealed by section 4 of the Municipal Amendment Act, 1985.
(6.1) The minister may make regulations
(a) defining areas for which and describing circumstances in which subsection (5) does not apply, and
(b) providing that an exception under paragraph (a) is to be subject to terms and conditions specified by the minister.
114 Section 985 (2) is repealed and the following substituted:
(2) Sections 382 and 387 apply to a fund established under subsection (1) of this section, subject to the restriction that a bylaw under section 382 autho rizing the transfer of an amount from the fund must receive the approval of the minister.
115 The Municipal Finance Authority Act, R.S.B.C., 1979, c. 292, is amended by adding the following section:
8.1 (1) Securities and interest coupons held or issued by the authority under this Act may be held in trust for the authority.
(2) Without limiting subsection (1), securities and interest coupons may be held by a depository agency in a book-based system for the central handling of securities and interest coupons that provides for the transfer of the securities by bookkeeping entry without physical delivery of the securities or interest coupons.
(3) For any purpose under this Act, the authority may lend securities and interest coupons held by it if the loan is fully secured by cash or securities satisfactory to the trustees.
(4) For any purpose under this Act, the authority may borrow or invest in interest rate or currency exchange swap transactions in the currency of the United States of America.
116 Section 12 (5.1) is repealed and the following substituted:
(5.1) The trustees may resell securities purchased under subsection (5).
117 Section 13 (7.1) is repealed and the following substituted:
(7.1) Notwithstanding subsection (7), if a municipality has discharged its obligation to a regional district with respect to a security issue, the authority may, during the term of the issue, repay to the regional district for the credit of the municipality a portion of the money that is an obligation to the regional district under subsection (7), and the money so paid must be applied to reduce that obligation.
118 Section 105 of the Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, is repealed.
119 Section 187 is repealed.
120 Section 203 is repealed.
121The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended by adding the following Part:
Part 5 -- 1994
25 (1) Despite section 646 of the Municipal Act, The Corporation of the Village of Fort St. James and The Corporation of the Village of Telkwa may, by bylaw adopted without the assent of the electors, enter into an exclusive or limited franchise agreement with Pacific Northern Gas Ltd. for a term not exceeding 21 years to supply natural gas service to the residents of the applicable municipality.
(2) Despite section 646 of the Municipal Act, the agreement dated August 13, 1988, between the Village of Fraser Lake and Pacific Northern Gas Ltd. relating to the supply of natural gas service by Pacific Northern Gas Ltd. to the residents of the municipality is confirmed and validated effective that date.
(3) All resolutions and bylaws in relation to the agreement referred to in subsection (2) are confirmed and validated, effective the date on which they were adopted, and all things done that would have been validly done had subsection (2) in fact been in force on the day they were done is conclusively deemed to have been validly done.
(4) The Village of Fraser Lake is conclusively deemed to have had the authority to enter into the agreement referred to in subsection (2) 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.
(5) 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.
26 (1) Despite sections 948 and 973 of the Municipal Act, the bylaws of the Regional District of Fraser-Cheam cited as "Zoning Amendment Bylaw No. 1000, 1993" and "Official Settlement Plan Amendment Bylaw No. 1085, 1993", adopted by the Regional District of Fraser- Cheam on August 4, 1993, and the Official Settlement Plan adopted by the "Official Settlement Plan Amendment Bylaw No. 1085, 1993" are conclusively deemed to have been validly in force from the date they would have been in force had the approval of the minister been obtained before the date of adoption, to the extent that they would have been validly in force had the requirement to obtain that approval been met.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking in retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
122 Section 1 of the School Act, S.B.C. 1989, c. 61, is amended
(a) by repealing the definition of "elector" and substituting the following:
"elector" means a resident elector or non-resident property elector; ,
(b) by repealing the definition of "property elector" and substituting the following:
"non-resident property elector" means, in relation to a trustee electoral area, a person who at the relevant time meets the qualifications under section 50 in relation to the trustee electoral area; , and
(c) by repealing the definition of "trustee electoral area" and substituting the following:
"trustee electoral area" means the area from which one or more trustees are to be elected, as established under this or a former Act.
123 Section 39 is amended by adding the following subsection:
(8) An order under this Act or a former Act that establishes the number of trustees for a school district and the area or areas from which they are to be elected is deemed to be an order under this section.
124 Section 46 is amended by adding the following subsections:
(4) Subsection (5) applies to municipalities that, immediately before the Local Elections Reform Act, 1993 came into force, were subject to an order under this Act or a former Act that deemed a rural area or part of a rural area to be within the boundaries of a municipality for the purpose of electing trustees.
(5) A rural area or part of a rural area that was deemed by an order referred to in subsection (4) to be within the boundaries of a municipality, together with the municipality, are deemed to be a trustee electoral area to which an order under subsection (2) applies.
125 Section 47 is amended by adding the following subsections:
(6) An agreement referred to in subsection (4) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.
(7) An election to which an agreement referred to in subsection (6) applies is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the trustee electoral area or other jurisdiction for which an election is held.
(8) Without limiting subsection (6), an agreement referred to in that subsection may allow a board or local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the trustee electoral area or jurisdiction for which the election is held.
(9) If a restriction under subsection (8) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of a trustee electoral area, an advance voting oppor tunity must be open to all electors of the trustee electoral area on the same day.
(10) So long as any required advance voting opportunities are provided, no bylaw is necessary for an advance voting opportunity required by subsection (9), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.
(11) The chief election officer must give notice of a voting opportunity to which subsection (10) applies in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
126 Section 48 is amended
(a) in subsection (1) (a) by striking out "property elector," and substituting "non-resident property elector,", and
(b) in subsection (2) by adding the following paragraph:
(d) a person who has contravened section 151 (3) of the Municipal Act or section 123 (3) of the Vancouver Charter, as those sections apply to trustee elections, in relation to the election.
127 Section 50 (1), (2), (5) and (8) is amended by striking out "property elector" and substituting "non-resident property elector".
128 Section 52 is amended
(a) in subsection (3) (b) by striking out "property elector," and substituting "non-resident property elector,", and
(b) by repealing subsection (5) and substituting the following:
(5) A person is deemed to be registered as a resident elector of a trustee electoral area if both the following requirements are met:
(a) a list of registered electors is prepared for the municipality or regional district electoral area in which the person resides;
(b) the person is registered as a resident elector of the jurisdiction referred to in paragraph (a) before the date established for the close of advance registration as an elector of that jurisdiction.
(6) A person is deemed to be registered as a non-resident property elector of a trustee electoral area if all the following requirements are met:
(a) the person is not entitled to be registered as a resident elector of a trustee electoral area for the school district;
(b) a list of registered electors is prepared for the municipality or regional district electoral area in which the person owns the property;
(c) the person is registered as a non-resident property elector of the jurisdiction referred to in paragraph (b) in relation to that property before the date established for the close of advance registration as an elector of that jurisdiction.
(7) Subsection (2) does not apply in relation to deemed registration under subsection (6) but, for certainty, a person is not entitled to vote in a trustee election as an elector of more than one trustee electoral area or as both a resident elector and a non-resident property elector.
129 Section 53 (1) and (4) (a) is amended by striking out "property elector" and substituting "non-resident property elector".
130 Section 55 is amended by adding the following subsection:
(1.1) Section 54 (2) and (4) applies for the purposes of subsection (1).
131 Section 59 (1) is repealed and the following substituted:
(1) A person elected or appointed as a trustee must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:
(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;
(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;
(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.
132 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended
(a) by repealing the definition of "elector" and substituting the following:
"elector" means a resident elector or a non-resident property elector; , and
(b) by repealing the definition of "property elector" and substituting the following:
"non-resident property elector" means a person who at the relevant time meets the qualifications under section 24; .
133 Section 7 is amended by adding the following definition:
"residential address" includes an indication of the area in which a person lives if no other specific designation is reasonably available; .
134 Section 13 is amended by adding the following subsections:
(4) An agreement referred to in subsection (2) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.
(5) An election to which an agreement referred to in subsection (4) applies is valid despite the agreement and any by-laws in relation to it having the effect of creating differences in election proceedings between different parts of the jurisdiction for which an election is held.
(6) Without limiting subsection (4), an agreement referred to in that subsection may allow the Council to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the city.
(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the city, an advance voting opportunity must be open to all electors of the city on the same day.
(8) So long as any required advance voting opportunities are provided, no by-law is necessary for an advance voting opportunity required by subsection (7), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.
(9) The chief election officer must give notice of a voting opportunity to which subsection (8) applies in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
135 Section 22 (2) is amended by adding the following paragraph:
(d) a person who has contravened section 123 (3) in relation to the election.
136 Section 24 (1), (2), (3), (5) and (8) is amended by striking out "property elector" and substituting "non-resident property elector".
137 Section 28 (1) (b) and (4) is amended by striking out "property elector," and substituting "non-resident property elector,".
138 Section 29 is amended
(a) in subsection (3) by striking out "property electors" and substituting "non-resident property electors", and
(b) by repealing subsection (5) and substituting the following:
(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the City Clerk must give public notice of the close of advance registration in accordance with section 17.
139 Section 30 (1) (b) is amended by striking out "property elector," and substituting "non-resident property elector,".
140 Section 31 (1) and (4) (a) is amended by striking out "property elector" and substituting "non-resident property elector".
141 Section 34 is amended
(a) in subsection (3) by striking out "property electors" and substituting "non-resident property electors", and
(b) by adding the following subsection:
(8) For the purposes of subsection (3), the register of electors may contain only the residential address of each resident elector as required to be included on an application under section 28.
142 Section 35 is amended
(a) in subsection (2) by striking out "property elector." and substituting "non-resident property elector.", and
(b) by adding the following subsections:
(9) Before receiving a list of registered electors, a person referred to in subsection (8) must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.
(10) The chief election officer may amend a list of registered electors that is to be provided under subsection (8), or that is to be available for public inspection, by omitting or obscuring the address of an elector or other information about an elector in order to protect the privacy or security of the elector.
(11) If requested by an elector, the chief election officer must amend a list of registered electors as authorized by subsection (10) in relation to the information regarding the elector.
143 Section 43 (2) is amended by striking out "property elector" and substituting "non-resident property elector".
144 Section 44 (1) (f) is repealed and the following substituted:
(f) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector; .
145 Section 49 is amended
(a) in subsection (2) (e) by striking out "property electors" and substituting "non-resident property electors", and
(b) by adding the following subsections:
(5) For the purposes of including the residential address of a candidate in a notice under this section, an address that indicates the jurisdiction in which the candidate is resident is sufficient.
(6) If requested by a candidate in sufficient time to reasonably have this done, the residential address of the candidate included in a notice under this section must be limited to the jurisdiction in which the candidate is resident.
146 Section 51 (6) (a) is repealed and the following substituted:
(a) the elector organization withdraws its endorsement before 4 p.m. on the 29th day before general voting day by delivering to the chief election officer by that time
(i) a written withdrawal signed by a director or other official of the elector organization, and
(ii) a solemn declaration of the official signing the withdrawal that, to the best of that person's knowledge, information and belief, the elector organization has authorized the person to make the withdrawal, or .
147 Section 65 is amended by adding the following subsection:
(3) Before inspecting a document referred to in subsection (1), a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.
148 Section 75 (3) is amended by striking out "property electors" and substituting "non-resident property electors".
149 Section 87 (1) (c) (iii) is amended by striking out "property elector," and substituting "non-resident property elector,".
150 Section 93 (3) (a) (iii) is amended by striking out "property elector," and substituting "non-resident property elector,".
151 Section 115 (5) (c) is repealed and the following substituted:
(c) that an election or the election of a candidate should be declared invalid because section 123, 124 or 125 (2) (a) was contravened.
152 Section 122 is amended
(a) by repealing subsection (3) (a) and substituting the following:
(a) the nomination documents for the candidates in the election, other than the documents filed under the Financial Disclosure Act; , and
(b) by repealing subsection (6) (f) and substituting the following:
(f) any solemn declarations and any written statements or declarations in relation to voting proceedings, other than those used for the regis tration of electors.
153 Section 125 (1) is amended by adding the following paragraph:
(c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 51 (6) (a) with the authorization of the elector organization.
154 Section 128 (2) (a) is amended by striking out "property electors;" and substituting "non-resident property electors;".
155 Section 133 (1) (a) is amended by striking out "property elector," and substituting "non-resident property elector,".
156 Section 136.6 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity. , and
(b) by repealing subsection (4).
157 Section 138 (5) (a) (ii) is amended by striking out "property electors" and substituting "non-resident property electors".
158 Section 140 (1) is repealed and the following substituted:
(1) A person elected or appointed to office on Council must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:
(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;
(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;
(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.
159 The following section is added:
202 A. The Council may provide for social planning to be undertaken, including research, analysis and coordination relating to social needs, social well- being and social development in the city.
160 The following section is added:
289 A. Despite this or any other Act, the Council may, by lease or licence, for such consideration and on such terms and conditions as may be agreed on, do the following:
(a) permit the use of the surface of streets closed and stopped up under this Act by the occupants of abutting property that is zoned for other than residential use;
(b) permit an owner or occupant of real property abutting on one side of a street to construct, maintain and use a bridge or other structure over or under the street for the purpose of access to real property occupied by the owner or occupant on the other side of the street;
(c) permit an owner or occupant of real property abutting on a street to construct, maintain and use a structure in or under any part of a street, whether or not the portion of the street included in the lease or licence extends beyond the side boundaries of the real property.
161 Section 292 is amended
(a) by repealing subsection (1) (h) and substituting the following:
(h) establishing subdivision application fees payable to the city, which may vary according to the size of the property to be subdivided, the number of lots to be created and the type or classification of the property;
(i) establishing fees payable to the city for changes to a subdivision plan or a by-law under this section. , and
(b) by repealing subsection (1.1) and substituting the following:
(1.1) A fee under subsection (1) (h) or (i) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application to which the fee relates.
162 Section 306 is amended
(a) in paragraph (s) by striking out "as aforesaid and for providing that in the discretion of the Council the by- law provision enacted pursuant to this paragraph may be waived and, in lieu thereof, Council may by by-law accept payment of such sum of money as may be deemed appropriate by Council" , and
(b) by adding the following paragraph:
(s.1) waiving the requirement for some or all of the off-street parking spaces to be provided under
(i) a by-law under paragraph (r), if the parking is in relation to residential, cultural or recreational uses of a building that is designated as a heritage site under the Heritage Conservation Act, or
(ii) a by-law under paragraph (s), and instead requiring the payment to the city of an amount of money as specified in the by-law, which money must be paid into a reserve fund for the provision of new and existing off-street parking spaces and used only for that purpose; .
163 Section 317 (e) is repealed and the following substituted:
(e) for regulating the use of any street by persons sliding or coasting by means of sleds, skis, snowboards, skates, skateboards, roller skates, rollerblades or any other devices specified in the by-law;
(e.1) providing that if a sled, snowboard or skateboard is used, or skis are used, in contravention of a by-law under paragraph (e),
(i) any member of the police force may seize and detain the device,
(ii) the owner of the device be required to pay to the city the amount fixed by the by-law as expenses of the seizure and detention, including storage and other charges, and
(iii) the city may collect expenses referred to in subparagraph (ii) by the sale of the device at public auction or private sale, as directed by the by-law; .
164 Section 486 is amended by adding the following subsection:
(5) Sections 141, 142, 142.1 and 142.2 apply to members of the Board.
165 Section 488 is amended by adding the following subsection:
(8) Fees and charges imposed under this section may be different for different classes of persons and activities.
166 Section 489 is amended by renumbering the section as section 489 (1) and by adding the following subsection:
(2) Fees and charges imposed under this section may be different for different classes of persons and activities.
167 Section 489B is repealed and the following substituted:
489B The Council may, by by-law, provide for payments to members of the Board in the same manner as permitted for members of Council and, for these purposes, sections 196 and 196A apply.
168 Section 491 (e) is repealed.
169 The following section is added:
491A (1) The Board may make by-laws for the procedure and conduct of meetings of the Board and for the selection of the Chair of the Board.
(2) Section 145.1 applies to meetings of the Board.
170 Section 561 is amended by adding the following subsection:
(4) A development plan under this section may include policies of the Council relating to social needs, social well-being and social development.
171 Section 565 (1) (e) is repealed and the following substituted:
(e) establishing, in any district or zone, building lines and the area of yards, courts and open spaces to be maintained and the maximum percentage of the area of land that can be covered by impermeable material;
(e.1) regulating, in any district or zone, the maximum density of population or the maximum floor-space ratio permissible; .
172 The following section is added:
565 F The Council may, by by-law, provide that
(a) a permit for a conditional approval use, or
(b) a zone or district designated under section 565 (1) (f) may include requirements respecting the provision, maintenance and retention of landscaping, including the submission of plans showing the landscaping to be provided, maintained and retained.
173 Section 571A is amended by adding the following subsection:
(1.1) The Council may, by by-law, establish fees payable to the city for an application to initiate a change to a by-law under subsection (1).
174 A by-law under section 55 (4) of the Greater Vancouver Sewerage and Drainage District Act, as enacted by section 18 of this Act, that is adopted before December 31, 1994, may be made retroactive to January 1, 1994.
175 (1) As soon as possible after section 39 of this Act comes into force,
(a) the executive committee under the Islands Trust Act must elect a person to take office as trustee of the trust fund board under section 36 (1) (a) of that Act, and
(b) the trust council under that Act must elect from among its members, in the same manner as it elects the executive council, persons to take office as trustees of the trust fund board under section 36 (1) (b) of that Act.
(2) The term of office for a member of the trust fund board elected under this section is from the time of the person's election until the person's successor is elected under section 36 (1) of the Islands Trust Act and section 36 (1.1) of that Act applies to the persons elected.
(3) After persons are elected under subsection (1) of this section, a member of the executive committee who was not elected as a trustee under that subsection ceases to be a member of the trust fund board.
176 (1) This section applies to candidates and elector organizations in the 1993 general local elections for whom the financial agent failed to file the required disclosure statement within the time period established by section 91 or 92 of the Municipal Act or section 63 or 64 of the Vancouver Charter, as applicable.
(2) Despite the sections referred to in subsection (1) and despite any resolution of the local authority or any declaration of a court to the contrary made before or after the coming into force of this section,
(a) candidates are not by reason of the failure referred to in that subsection disqualified from being nominated for, elected to or holding office as referred to in section 91 of the Municipal Act or section 63 of the Vancouver Charter, as applicable, and
(b) the office of an elected candidate is not vacant.
(3) Despite the sections referred to in subsection (1), elector organizations are not by reason of the failure referred to in that subsection disqualified from endorsing a candidate as referred to in section 92 of the Municipal Act or section 64 of the Vancouver Charter, as applicable.
(4) In respect of candidates declared elected, all acts of those candidates as elected officials in their official capacity are confirmed and validated to the extent that they would have been valid if, at the time the acts took place, the disqualification referred to in subsection (2) did not apply to them.
(5) Despite subsections (2) and (3), a candidate is disqualified as described in section 91 of the Municipal Act or section 63 of the Vancouver Charter, as applicable, and an elector organization is disqualified as described in section 92 of the Municipal Act or section 64 of the Vancouver Charter, as applicable, unless both the following requirements are met:
(a) the required disclosure statement is filed on or before June 30, 1994;
(b) the late filing penalty referred to in section 91 (2) or 92 (2) of the Municipal Act or section 63 (2) or 64 (2) of the Vancouver Charter, as applicable, is paid by the same date.
(6) For the purposes of this section, words and expressions have the meaning given to them in the Local Elections Reform Act, 1993.
(7) 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.
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