1996 Legislative Session: 1st Session, 36th 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 29th day of July, 1996
Ian D. Izard, Law Clerk


MINISTER OF MUNICIPAL AFFAIRS
AND HOUSING

BILL 8 -- 1996
MUNICIPAL AFFAIRS AND HOUSING STATUTES
AMENDMENT ACT, 1996

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

 
Greater Vancouver Sewerage and Drainage District Act

1 Section 50 of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is repealed and the following substituted:

Sinking funds

50 Division (1) of Part 7 of the Municipal Act applies to sinking funds of the Corporation.

2 The following heading and sections are added:

Development Cost Charges.

Definitions

58.1 In sections 58.1 to 58.6:

"capital costs" includes planning, engineering and legal costs directly related to providing, constructing, altering or expanding sewerage facilities of the Corporation;

"development" means

(a) a subdivision, or

(b) the construction, alteration or extension of a building or structure for which a building permit is obtained;

"sewerage area" means a sewerage and drainage area established under section 31;

"sewerage facility" means any work, service or plant of the Corporation for conveying, disposing of or treating sewage or waste water.

Corporation may impose development cost charges

58.2 (1) Subject to an agreement under section 58.3, the Corporation may, by by-law, impose development cost charges on every person who obtains from a member municipality

(a) approval of a subdivision, or

(b) a building permit authorizing the construction, alteration or extension of a building or structure.

(2) The purpose for which development cost charges may be imposed under subsection (1) is to provide funds to assist in paying the capital costs of providing, constructing, altering or expanding sewerage facilities to service development within the area of the Corporation, excluding capital costs incurred before 1995 and excluding the portion of capital costs charged by the Corporation to its member municipalities under section 54.

(3) A development cost charge is payable under a by-law under subsection (1) unless one or more of the following apply:

(a) the development will not impose an additional burden on a sewerage facility;

(b) a development cost charge under this Act has previously been paid for the same development unless, as a result of further development, an additional burden is imposed on a sewerage facility;

(c) the building permit authorizes the construction, alteration or extension of a building or structure, or part of a building or structure, that is, or will be, after the construction, alteration or extension, exempt from taxation under section 398 (1) (h) of the Municipal Act;

(d) the building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(i) contain fewer than 4 self-contained dwelling units, and

(ii) be put to no use other than the residential use in those dwelling units;

(e) the value of the work authorized by the building permit does not exceed $50 000 or another amount which the minister may prescribe by regulation.

(4) Despite a by-law under subsection (1), if

(a) an owner has provided or paid the cost of providing sewerage facilities that are

(i) outside the boundaries of land being subdivided or developed, and

(ii) included in the calculations used to determine the amount of a development cost charge, and

(b) this provision or payment was done with the approval of the Corporation,

the cost of the sewerage facilities is to be deducted from the development cost charges under this section that are applicable to the development.

(5) A development cost charge that is payable under a by-law under this section must be paid at the time of the approval of the subdivision or the issue of the building permit, as the case may be.

(6) Despite subsection (5), the minister may, by regulation in respect of all or different classes of developments, authorize the payment of development cost charges in instalments and prescribe conditions under which the instalments may be paid and, for this purpose, unless a regulation under this provision applies to the Corporation, a regulation under section 983 (5) of the Municipal Act applies as if it were a regulation under this section.

(7) Each member municipality must collect and remit the development cost charges imposed under subsection (1) to the Corporation in the manner provided for in the by-law or, if applicable, in accordance with a regulation referred to in subsection (6).

(8) Each member municipality must

(a) maintain records in accordance with a by-law under subsection (1), and

(b) permit an employee or agent of the Corporation to inspect and make copies of these records.

(9) Section 993 of the Municipal Act applies to a by-law under subsection (1) of this section.

Agreement with municipality to replace
development cost charges with municipal
tax or charge

58.3 (1) The Corporation and a member municipality may enter into an agreement under which

(a) the Corporation agrees that all, some or some portion of the development cost charges under section 58.2 that would otherwise apply are not required to be collected and remitted by the member municipality, and

(b) the municipality agrees to pay to the Corporation an amount equal to the development cost charges given up by the agreement.

(2) If an agreement under subsection (1) applies, the municipality must make payments to the Corporation in accordance with the agreement, and for the purposes of recovering these costs, the municipality may levy and impose one or more of the following as if they were taxes and charges under the Municipal Act or Vancouver Charter, as applicable:

(a) a rate on land and improvements;

(b) a frontage tax;

(c) other charges provided in the applicable Act.

Setting amount of development cost charges

58.4 (1) A by-law that imposes a development cost charge must specify the amount of the charge in a schedule or schedules of development cost charges.

(2) Subject to subsection (3), development cost charges may be different in relation to one or more of the following:

(a) different sewerage areas;

(b) different classes of sewerage facilities;

(c) different areas within a sewerage area;

(d) different uses;

(e) different capital costs as they relate to different classes of development;

(f) different sizes or different numbers of lots or units in a development.

(3) Development cost charges in a schedule must be similar for all developments within a sewerage area that impose similar capital cost burdens on the Corporation.

(4) In setting development cost charges under section 58.2, the Corporation

(a) must consider future land use patterns and development and the phasing of works and services, and

(b) may consider whether the charges

(i) are excessive in relation to the capital cost of prevailing standards of service,

(ii) will deter development, or

(iii) will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land

in the area of the Corporation.

(5) The Corporation must

(a) provide to every member municipality, and

(b) make available to the public on request,

the considerations, information and calculations used to determine a schedule referred to in subsection (1), except that any information respecting the contemplated acquisition costs of specific properties need not be provided.

Adoption procedures for development
cost charge by-law

58.5 (1) A by-law that imposes a development cost charge must not be adopted until it has been approved by the inspector of municipalities.

(2) The inspector may refuse to grant approval under subsection (1) if the inspector determines that

(a) the development cost charge is not related to capital costs attributable to projects included in the long range plan of the Corporation, or

(b) the Corporation has not properly considered the matters referred to in section 58.4 (4) (a).

(3) The inspector may revoke an approval under subsection (1) in respect of all or part of a by-law that imposes a development cost charge.

(4) If the inspector revokes an approval, the part of the by-law in respect of which the revocation applies has no effect until the Corporation amends the by-law and obtains the inspector's approval of the amendment.

Use of development cost charges

58.6 (1) Amounts received by the Corporation under section 58.2 and 58.3 must be deposited by the Corporation in a separate special development cost charge reserve fund.

(2) Money in the development cost charge reserve fund, together with interest on it, may be used only to pay

(a) the capital costs of providing, constructing, altering or expanding sewerage facilities that relate to developments within the area of the Corporation, or

(b) principal and interest on a debt incurred by the Corporation as a result of an expenditure under paragraph (a).

(3) Authority to make payments under subsection (2) must be authorized by by-law.

(4) Section 382 of the Municipal Act applies to a fund established under subsection (1) of this section, subject to the restriction that a by-law authorizing the transfer of an amount from the fund must receive the approval of the minister.

(5) The inspector of municipalities may require the Corporation to provide the inspector with a report on the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies.

(6) After reviewing a report under subsection (5), the inspector may order the transfer of funds from a development cost charge reserve fund to a capital works reserve fund established under section 34.1.

 
Municipal Act

3 Section 983 (1) (b) of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed and the following substituted:

(b) a reference to local government includes a greater board other than the Board of the Greater Vancouver Sewerage and Drainage District.

 
Municipal Finance Authority Act

4 Section 8 of the Municipal Finance Authority Act, R.S.B.C. 1979, c. 292, is amended

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

(1) The executive and administrative powers and duties of the authority shall be exercised and performed by a Board of Trustees, called the "trustees", consisting of the chairman of the authority and 9 other members of the authority, so that the trustees shall be

(a) 4 members of the authority representing the Greater Vancouver Regional District;

(b) one member of the authority representing the Capital Regional District; and

(c) 5 members of the authority from among the members representing the remaining regional districts. , and

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

(3) Six trustees constitute a quorum for the transaction of business.

 
Municipalities Enabling and Validating Act (No. 2)

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

Part 7 -- 1996

Town of Comox Municipal Marina agreements validation

31 (1) Despite sections 322 (1) (b), 529 (2), 538 (1) and 542 (1) of the Municipal Act, agreements and other instruments entered into after September 27, 1973 and before December 23, 1988 by the Town of Comox 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 Comox Municipal Marina 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) been in force on the day they were done is 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.

Validation of bylaws enacted after delegated hearings

32 (1) Subject to subsection (2), this section applies to all current or former described plans and bylaws of a regional district, a local trust committee under the Islands Trust Act or the executive committee acting as a local trust committee under that Act that were not validated by section 20 of this Act.

(2) An official community plan, rural land use bylaw or zoning bylaw that is or was invalid by reason of a failure which occurred on or before July 8, 1994, being the date on which section 956.1 of the Municipal Act came into force, to comply with the requirements and limitations of that Act regarding the delegation of the holding of a public hearing on the bylaw is conclusively deemed to have been validly in force from the date it would have been in force had the requirements and limitations been complied with and to the extent that it would have been validly in force had these requirements and limitations been complied with.

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

City of Vancouver real property tax rate by-law validation

33 (1) Despite section 374.4 (2) (b) of the Vancouver Charter, the by-law cited as "A By-law to average land assessments for 1996", By-law No. 7543, 1996, adopted by Council of the City of Vancouver under section 374.4 (1) of the Vancouver Charter on March 26, 1996, is conclusively deemed to have been validly in force from that date to the extent that it would have been validly in force had notice of intent to consider the by-law been provided to the assessment commissioner before January 1, 1996.

(2) Anything done in relation to the by-law referred to in subsection (1) that would be valid or would have been valid had notice of intent to consider the by-law been provided to the assessment commissioner before January 1, 1996, is conclusively deemed to be or to have been validly done as though the required notice had been provided.

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

Validation of GVSDD 1995 cost allocation bylaw

34 (1) Despite the Greater Vancouver Sewerage and Drainage District Act and any decision of a court made before or after the coming into force of this section,

(a) the bylaw cited as "1995 Cost Allocation Bylaw No. 176", adopted by the Board of the Greater Vancouver Sewerage and Drainage District on March 31, 1995, is conclusively deemed to have been validly adopted on that date and to have been in force since it was adopted, and

(b) all amounts purported to be apportioned among the member municipalities for that District under that bylaw are conclusively deemed to have been and to be validly apportioned and must be paid by the applicable member municipalities in accordance with the Greater Vancouver Sewerage and Drainage District Act as if they were apportioned under that Act.

(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 retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

Vancouver neighbourhood constituency referendum

35 If, in conjunction with the 1996 general local election, the Council of the City of Vancouver submits for the opinion of the electors a question regarding the establishment of neighbourhood constituencies for some or all of its Councillors, the question receives a majority vote if more than 50% of the votes are in favour of the question.


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