1997 Legislative Session: 2nd 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 17th day of July, 1997
Ian D. Izard, Law Clerk


MINISTER OF MUNICIPAL AFFAIRS AND HOUSING

BILL 26 -- 1997
LOCAL GOVERNMENT STATUTES AMENDMENT ACT, 1997

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

 
Islands Trust Act

1 Section 29 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by adding the following subsection:

(3.1) Despite subsection (2), if an official community plan includes a provision under section 879.1 (1) of the Municipal Act, the trust council rather than the local trust committee must adopt the required bylaw under section 920.1 (2) of that Act.

 
Municipal Act

2 The Municipal Act, R.S.B.C. 1996, c. 323, is amended by adding the following sections:

Exemptions for riparian property

343.1 (1) In this section and section 343.2:

"eligible riparian property" means property that meets all the following requirements:

(a) the property must be riparian land;

(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;

(c) the municipality granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;

(d) any other requirements prescribed under subsection (6);

"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of

(a) the area of the eligible riparian property that is exempted under subsection (2) (a)

to

(b) the area of the parcel of land in relation to which the exemption is made.

(2) Despite section 225 but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a council may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible riparian property from taxation under section 331 (1) (a), (b), (c) and (d);

(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.

(4) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if the bylaw receives the assent of the electors or is approved by the electors in accordance with subsection (5), for a specified period not greater than 10 years.

(5) Approval of the electors to a bylaw under subsection (2) is deemed to have been given if all the following requirements are met:

(a) at least 30 days before adopting the bylaw, a notice is published in at least 2 issues of a newspaper

(i) identifying the eligible riparian property that would be subject to the bylaw,

(ii) describing the exemption that would be made for the eligible riparian property, and

(iii) stating that the bylaw may be adopted by the council after 30 days unless more than 5% of the electors petition the council to obtain the assent of the electors to the bylaw;

(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the municipal hall during its regular office hours;

(c) by the end of 30 days after the notice is first published under paragraph (a), 5% or fewer of the electors have petitioned the council to obtain the assent of the electors to the bylaw.

(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.

Repayment requirement in relation to riparian exemptions

343.2 (1) A bylaw under section 343.1 may provide that, if

(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,

(b) the covenant is discharged before the end of the period of the exemption, or

(c) any other circumstances specified in the bylaw occur,

the council may require the owner of the eligible riparian property at that time to pay to the municipality the amount referred to in subsection (2).

(2) The amount that may be required under subsection (1) is the amount equivalent to

(a) the total taxes exempted under the bylaw under section 343.1,

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 369 for taxes in arrear.

(3) A bylaw under section 343.1 that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible riparian property to which the bylaw applies.

(4) If a bylaw under section 343.1 includes a provision under subsection (1), within 30 days after the bylaw is adopted the council must have notice of the bylaw filed in the land title office, and for this purpose section 976 applies.

(5) If a bylaw under section 343.1 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the council may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(6) If a council does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).

(7) If a council adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the council may

(a) add the amount referred to in subsection (2) to the taxes for the current year payable to the municipality in relation to the eligible riparian property, or

(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the municipality.

3 Section 344 (4) is repealed and the following substituted:

(4) A bylaw under section 341, 342 or 343.1 or this section ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption and, after this, the property is liable to taxation.

4 Section 551 (a) is repealed and the following substituted:

(a) prohibit a person from

(i) polluting, or

(ii) obstructing or impeding the flow of

a stream, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property;

(a.1) impose penalties for a contravention of a prohibition under paragraph (a); .

5 The following sections are added:

Exemptions for riparian property

845.1 (1) In this section and section 845.2:

"eligible riparian property" means property that meets all the following requirements:

(a) the property must be riparian land;

(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;

(c) the regional district granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;

(d) any other requirements prescribed under subsection (6);

"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of

(a) the area of the eligible riparian property that is exempted under subsection (2) (a)

to

(b) the area of the parcel of land in relation to which the exemption is made.

(2) Despite section 225 but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible riparian property from taxation under this Part;

(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.

(4) A bylaw under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if the bylaw receives the assent of the electors or is approved by the electors in accordance with subsection (5), for a specified period not greater than 10 years.

(5) Approval of the electors to a bylaw under subsection (2) is deemed to have been given if all the following requirements are met:

(a) at least 30 days before adopting the bylaw, a notice is published in at least 2 issues of a newspaper

(i) identifying the eligible riparian property that would be subject to the bylaw,

(ii) describing the exemption that would be made for the eligible riparian property, and

(iii) stating that the bylaw may be adopted by the board after 30 days unless more than 5% of the electors petition the board to obtain the assent of the electors to the bylaw;

(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the regional district offices during their regular office hours;

(c) by the end of 30 days after the notice is first published under paragraph (a), 5% or fewer of the electors have petitioned the board to obtain the assent of the electors to the bylaw.

(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.

Repayment requirement in relation to riparian exemptions

845.2 (1) A bylaw under section 845.1 may provide that, if

(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,

(b) the covenant is discharged before the end of the period of the exemption, or

(c) any other circumstances specified in the bylaw occur,

the board may require the owner of the eligible riparian property at that time to pay to the regional district the amount referred to in subsection (2).

(2) The amount that may be required under subsection (1) is the amount equivalent to

(a) the total taxes exempted under the bylaw under section 845.1,

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 369 for taxes in arrear.

(3) A bylaw under section 845.1 that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible riparian property to which the bylaw applies.

(4) If a bylaw under section 845.1 includes a provision under subsection (1), within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 applies.

(5) If a bylaw under section 845.1 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).

(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may

(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible riparian property, or

(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.

6 Section 878 (1) is amended by adding the following paragraph:

(d) policies of the local government relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity.

7 Section 879 is amended

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

(a) protection of the natural environment, its ecosystems and biological diversity; , and

(b) by repealing subsection (2) and substituting the following:

(2) With respect to areas designated under subsection (1), the community plan must

(a) describe the special conditions or objectives that justify the designation, and

(b) specify guidelines respecting the manner by which the special conditions or objectives will be addressed.

8 The following section is added:

Designation of development approval
information areas or circumstances

879.1 (1) For the purposes of section 920.1, a community plan may do one or more of the following:

(a) specify circumstances in which development approval information may be required under that section;

(b) designate areas for which development approval information may be required under that section;

(c) designate areas for which, in specified circumstances, development approval information may be required under that section.

(2) A community plan that specifies circumstances or designates areas under subsection (1) must describe the special conditions or objectives that justify the specification or designation.

9 Section 901 (2) (c) is amended by adding the following subparagraph:

(i.1) adversely affect the natural environment, .

10 Section 907 is repealed and the following substituted:

Runoff control requirement

907 (1) A local government may, by bylaw, require that an owner of land who carries out construction of a paved area or roof area, manage and provide for the ongoing disposal of surface runoff and storm water in accordance with the requirements of the bylaw.

(2) A local government may, by bylaw, establish the maximum percentage of the area of land that can be covered by impermeable material.

(3) A bylaw under subsection (1) or (2) may be different for

(a) different zones,

(b) different uses in zones,

(c) different areas in zones,

(d) different sizes of paved or roof areas, and

(e) different terrain and surface water or groundwater conditions.

11 Section 909 (1) is repealed and the following substituted:

(1) A local government may, by bylaw, require, set standards for and regulate the provision of screening or landscaping for one or more of the following purposes:

(a) masking or separating uses;

(b) preserving, protecting, restoring and enhancing the natural environment;

(c) preventing hazardous conditions.

12 Section 920 is amended

(a) in subsection (5) by striking out "subsection (7)" and substituting "subsection (7.1) of this section",

(b) by repealing subsection (7) and substituting the following:

(7) For land designated under section 879 (1) (a), a development permit may do one or more of the following:

(a) specify areas of land that must remain free of development, except in accordance with any conditions contained in the permit;

(b) require specified natural features or areas to be preserved, protected, restored or enhanced in accordance with the permit;

(c) require natural water courses to be dedicated;

(d) require works to be constructed to preserve, protect, restore or enhance natural water courses or other specified natural features of the environment;

(e) require protection measures, including that vegetation or trees be planted or retained in order to

(i) preserve, protect, restore or enhance fish habitat or riparian areas,

(ii) control drainage, or

(iii) control erosion or protect banks.

(7.1) For land designated under section 879 (1) (b), a development permit may do one or more of the following:

(a) specify areas of land that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire, or to another hazard if this other hazard is specified under section 879 (1) (b), as areas that must remain free of development, except in accordance with any conditions contained in the permit;

(b) require, in an area that the permit designates as containing unstable soil or water which is subject to degradation, that no septic tank, drainage and deposit fields or irrigation or water systems be constructed;

(c) in relation to wildfire hazard, include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and structures;

(d) in relation to wildfire hazard, establish restrictions on the type and placement of trees and other vegetation in proximity to the development. , and

(c) in subsection (11) by striking out "subsection (5)" and substituting "subsection (7.1)".

13 The following section is added:

Development approval information

920.1 (1) For the purposes of this section, "development approval information" means information on the anticipated impact of the proposed activity or development on the community including, without limiting this, information regarding impact on such matters as

(a) transportation patterns including traffic flow,

(b) local infrastructure,

(c) public facilities including schools and parks,

(d) community services, and

(e) the natural environment of the area affected.

(2) If an official community plan includes a provision under section 879.1 (1), the local government must, by bylaw, establish procedures and policies on the process for requiring development approval information under this section and the substance of the information that may be required.

(3) If a bylaw under subsection (2) is adopted, the local government or an officer or employee authorized under subsection (4) may require an applicant for

(a) an amendment to a zoning bylaw under section 903,

(b) a development permit under section 920, or

(c) a temporary commercial or industrial use permit under section 921

to provide to the local government, at the applicant's expense, development approval information in accordance with the procedures and policies established under subsection (2) of this section.

(4) A bylaw under subsection (2) may authorize an officer or employee to require development approval information under this section.

(5) An applicant subject to a decision of an officer or employee under subsection (4) is entitled to have the local government reconsider the matter without charge.

(6) A bylaw under subsection (2) that authorizes an officer or employee to require development approval information under this section must establish procedures regarding applying for and dealing with a reconsideration under subsection (5).

(7) Development approval information is not required under this section if the proposed activity or development is a reviewable project under section 3 or 4 of the Environmental Assessment Act.

14 Section 925 is amended

(a) in subsection (1) by striking out "subsection (2)," and substituting "subsections (2) and (2.1)," , and

(b) by repealing subsection (2) and substituting the following:

(2) Subsection (2.1) applies if a local government considers that

(a) a condition in a permit respecting landscaping has not been satisfied,

(b) an unsafe condition has resulted as a consequence of contravention of a condition in a permit, or

(c) damage to the natural environment has resulted as a consequence of a contravention of a condition in a permit.

(2.1) In the circumstance referred to in subsection (2), the local government may

(a) undertake, at the expense of the holder of the permit, the works, construction or other activities required to satisfy the landscaping condition, correct the unsafe condition or correct the damage to the environment, and

(b) apply the security under subsection (1) in payment of the cost of the works, construction or other activities, with any excess to be returned to the holder of the permit.

15 Section 926 (2) is amended by striking out "925 (2)," and substituting "925 (2.1),".

 
Taxation (Rural Area) Act

16 Section 15 (1) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by adding the following paragraph:

(w) land that is exempted by bylaw under section 845.1 (2) of the Municipal Act.

 
Vancouver Charter

17 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following sections:

Exemptions for riparian property

396C (1) In this section and section 396D:

"eligible riparian property" means property that meets all the following requirements:

(a) the property must be riparian land;

(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;

(c) the city must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;

(d) any other requirements prescribed under subsection (6);

"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of

(a) the area of the eligible riparian property that is exempted under subsection (2) (a)

to

(b) the area of the parcel of land in relation to which the exemption is made.

(2) Despite section 396 but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year the Council may, by by-law adopted by at least 2/3 of the votes cast, do one or more of the following:

(a) exempt all or part of the eligible riparian property from real property taxation under this Part;

(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;

(c) make an exemption under this subsection subject to specified conditions.

(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.

(4) A by-law under subsection (2) may provide a tax exemption

(a) for the next calendar year, or

(b) if the by-law receives the assent of the electors or is approved by the electors in accordance with subsection (5), for a specified period not greater than 10 years.

(5) Approval of the electors to a by-law under subsection (2) is deemed to have been given if all the following requirements are met:

(a) at least 30 days before adopting the by-law, a notice is published in at least 2 issues of a newspaper circulating in the city

(i) identifying the eligible riparian property that would be subject to the by-law,

(ii) describing the exemption that would be made for the eligible riparian property, and

(iii) stating that the by-law may be adopted by the Council after 30 days unless more than 5% of the electors petition the Council to obtain the assent of the electors to the by-law;

(b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the City Hall during its regular office hours;

(c) by the end of 30 days after the notice is first published under paragraph (a), 5% or fewer of the electors have petitioned the Council to obtain the assent of the electors to the by-law.

(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.

Repayment requirement in relation to riparian exemptions

396D (1) A by-law under section 396C may provide that, if

(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,

(b) the covenant is discharged before the end of the period of the exemption, or

(c) any other circumstances specified in the by-law occur,

the Council may require the owner of the eligible riparian property at that time to pay to the city the amount referred to in subsection (2).

(2) The amount that may be required under subsection (1) is the amount equivalent to

(a) the total taxes exempted under the by-law under section 396C,

plus

(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate established under section 415 for delinquent taxes.

(3) A by-law under section 396C that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible riparian property to which the by-law applies.

(4) If a by-law under section 396C includes a provision under subsection (1), within 30 days after the by-law is adopted the Council must have notice of the bylaw filed in the land title office, and for this purpose section 601 applies.

(5) If a by-law under section 396C includes a provision under subsection (1) and a circumstance specified in the provision occurs, the Council may, by by-law adopted by at least 2/3 of the votes cast, either

(a) require the owner to pay the amount referred to in subsection (2), or

(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).

(6) If the Council does not adopt a by-law under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the by-law could be adopted, the Council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).

(7) If the Council adopts a by-law under subsection (5) (a) within the time period referred to in subsection (6), the Council may

(a) add the amount referred to in subsection (2) to the taxes for the current year payable to the city in relation to the eligible riparian property, or

(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the city.

18 Section 561 (4) is repealed and the following substituted:

(4) A development plan under this section may include the following:

(a) policies of the Council relating to social needs, social well-being and social development;

(b) policies of the Council relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity;

(c) a regional context statement, consistent with the rest of the development plan, of how matters referred to in section 850 (2) (a) to (c) of the Municipal Act, and other matters dealt with in the development plan, apply in a regional context.

Transitional -- security bonds to correct environmental damage

19 Section 925 (2) (c) of the Municipal Act, as enacted by this Act, does not apply to a permit that was issued before that provision came into force.

Commencement

20 This Act comes into force by regulation of the Lieutenant Governor in Council.


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