2000 Legislative Session: 4th Session, 36th Parliament
FIRST READING

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

 BILL 14 -- 2000

LOCAL GOVERNMENT
STATUTES AMENDMENT ACT, 2000

Explanatory Notes

SECTION 1: [Municipal Act, re-enacts title] changes the title of the Act to reflect its application to regional districts.

SECTION 2: [Municipal Act, amends section 5]

• makes consequential cross reference changes,
• establishes definitions for the purposes of the broadened service power authority for municipalities and regional districts, and
• makes changes consequential to removing authority to adopt new rural land use bylaws.

SECTION 3: [Municipal Act, repeals section 6.3] is consequential to moving the effect of this provision to a more appropriate location in the proposed Division 5 of Part 4 [Other Voting -- Counter Petition Opportunities].

SECTION 4: [Municipal Act, amends section 6.4]

• clarifies that the provisions of this section are mandatory, and
• clarifies that notice under subsection (3) (b) is additional to that required under subsection (3) (a).

SECTION 5: [Municipal Act, re-enacts section 6.5] expands this provision to cover notice to local governments, being municipal councils and regional district boards.

SECTION 6: [Municipal Act, amends section 6.7]

• clarifies the authority to make transitional regulations,
• expands the authority to apply in relation to other local government legislation, and
• extends the time before this section is repealed from July 29, 2001 to January 1, 2002.

SECTION 7: [Municipal Act, amends section 13] makes a consequential cross reference change.

SECTION 8: [Municipal Act, re-enacts section 44] clarifies that section 6.4 applies for the purposes of election notices.

SECTION 9: [Municipal Act, amends section 51] limits non-resident property elector eligibility to circumstances where the property is owned only by individuals.

SECTION 10: [Municipal Act, re-enacts the heading to Part 4] is consequential to the proposed addition of Division 5 respecting counter petition opportunities.

SECTION 11: [Municipal Act, amends section 158] makes a consequential cross reference change.

SECTION 12: [Municipal Act, amends section 164] adds provisions to make non-election voting notices parallel election notices.

SECTION 13: [Municipal Act, amends section 170] removes a time limit respecting notice of opportunity to act as scrutineer in relation to non-election voting under the Act.

SECTION 14: [Municipal Act, amends section 171] establishes a default rule for non- election voting that is held at the same time as a local government election.

SECTION 15: [Municipal Act, adds Division 5 to Part 4] adds a new Division respecting the procedure for counter petition opportunities.

The proposed Division

• clarifies, consolidates and harmonizes existing municipal and regional district counter petition opportunity provisions, and
• adds new provisions prohibiting canvassers from making false statements in relation to counter petitions and makes other voting offences applicable to the counter petition process.

The Division will include the following provisions:

Division 5 -- Counter Petition Opportunities
172.1 Application
172.2 Process choice for local governments
172.3 Deadline for submitting counter petitions
172.4 Notice of counter petition opportunity
172.5 Counter petition forms
172.6 Requirements for signing a counter petition
172.7 Effect of counter petition
172.8 Prohibition against false statements
172.9 Offences
172.91 Regulations

SECTION 16: [Municipal Act, amends section 176]

• clarifies the authority to enter into agreements respecting operation and enforcement in relation to regulatory authority and respecting property management, and
• provides general authority to establish commissions to operate services and manage property.

SECTION 17: [Municipal Act, amends section 177] make a consequential cross reference change.

SECTION 18: [Municipal Act, re-enacts section 184] corrects a grammatical error and makes a consequential cross reference change.

SECTION 19: [Municipal Act, amends section 188] requires proceeds from the sale of park land to be placed in a dedicated reserve fund.

SECTION 20: [Municipal Act, amends section 198] adds a reference to "local government" as a consequence of the proposed section 6.5 of the Act.

SECTION 21: [Municipal Act, amends section 218]

• repeals the current duty imposed on mayors to establish standing committees, and
• clarifies the application of sections 200 and 202 of the Act in respect of suspension or dismissal of officers and employees.

SECTION 22: [Municipal Act, amends section 219] removes a reference to minute books that is no longer applicable since the re-enactment of section 236 by the Local Government Statutes Amendment Act, 1999.

SECTION 23: [Municipal Act, amends section 223] removes a requirement to sign each copy of a notice of special meeting.

SECTION 24: [Municipal Act, re-enacts section 229] clarifies that appeals may be made in respect of decisions of the member presiding at a council meeting.

SECTION 25: [Municipal Act, amends section 235] clarifies that the authority to establish procedures respecting bylaw adoption is subject to section 258.

SECTION 26: [Municipal Act, re-enacts sections 238 and 239] provides for the appointment of non-council members to select committees as well as standing committees.

SECTION 27: [Municipal Act, re-enacts section 241]

• separates the application of this section from the proposed Division 5 of Part 24 [Other Voting -- Counter Petition Opportunities], and
• clarifies the time limit for withdrawing names from or adding names to a petition.

SECTION 28: [Municipal Act, repeals section 242] repeals this provision, the effect of which is incorporated in the proposed Division 5 of Part 4 [Other Voting -- Counter Petition Opportunities].

SECTION 29: [Municipal Act, amends section 242.8] makes the language of this provision consistent with that of proposed section 739.1.

SECTION 30: [Municipal Act, amends section 251] makes a correction for the purposes of the relationship between this provision and section 250.

SECTION 31: [Municipal Act, amends section 257] establishes the rules for determining when counter petition opportunities are to be provided in relation to a bylaw.

SECTION 32: [Municipal Act, re-enacts section 258] requires these procedures to be included in the general municipal procedure bylaw.

SECTION 33: [Municipal Act, enacts section 258.1] provides a statement of the authority to amend and repeal bylaws, separate from the general rule established by section 27 (4) of the Interpretation Act, for the purpose of clarifying the process and requirements in relation to bylaws.

SECTION 34: [Municipal Act, amends section 269] makes the language consistent with other provisions of the Act.

SECTION 35: [Municipal Act, amends section 287]

• makes changes consequential to the proposed repeal of Part 18 [Recreation and Community Services -- Civic Commissions] and the proposed amendment to section 176 respecting commissions;
• adds persons who are not members of a local government or board of improvement district trustees but who are appointed as members of their select and standing committees to the definition of "municipal public officer" for purposes of section 287 [immunity for individual municipal public officers];
• corrects an omission of the Islands Trust from the bodies to which section 287 (4) applies.

SECTION 36: [Municipal Act, amends section 287.2] makes a consequential cross reference change.

SECTION 37: [Municipal Act, renumbers section 301.1] corrects a numbering error.

SECTION 38: [Municipal Act, amends section 305.1] is consequential to the proposed section 941 (14), which will allow title to certain park land to be vested in a municipality rather than in the Crown.

SECTION 39: [Municipal Act, re-enacts section 305.2] makes changes consequential to the proposed section 941 (14).

SECTION 40: [Municipal Act, amends section 307] makes a consequential cross reference change.

SECTION 41: [Municipal Act, amends section 333] adds clarifying references to existing restrictions on spending authority, such as the prohibition against providing assistance to business.

SECTION 42: [Municipal Act, amends section 334] removes references to subsection (3) (a) and (c), with the result that expenditures for prescribed liabilities and debts of other public authorities must now be included in municipal financial plans.

SECTION 43: [Municipal Act, amends section 334.1]

• makes the language of subsection (1) (b) parallel to that proposed for regional districts, and
• makes a consequential cross reference change.

SECTION 44: [Municipal Act, amends section 334.4] corrects a typographical error and makes this provision parallel the language of the proposed equivalent regional district authority.

SECTION 45: [Municipal Act, amends section 335.1]

• makes a consequential cross reference change, and
• adds the same clarification as is provided for regional districts in the proposed section 823.

SECTION 46: [Municipal Act, amends section 336] clarifies the general investment power for municipalities.

SECTION 47: [Municipal Act, amends section 342] updates a cross reference and clarifies the application of the proposed Division 5 of Part 4 [Other Voting -- Counter Petition Opportunities].

SECTION 48: [Municipal Act, amends section 343.1] allows counter petitions to be used in relation to riparian property tax exemptions.

SECTION 49: [Municipal Act, amends section 351] removes the option of allowing transfers with the approval of the Inspector of Municipalities.

SECTION 50: [Municipal Act, re-enacts section 353] corrects an error made last year when the exemption from property value taxes was not limited to locally-used utility improvements, being improvements coming within the proposed "specified improvement" definition.

SECTION 51: [Municipal Act, amends section 363] changes the language respecting the exercise of regulatory authority for the purpose of allowing this provision to be made applicable to regional districts.

SECTION 52: [Municipal Act, amends section 365] is consequential to the proposed section 368.

SECTION 53: [Municipal Act, re-enacts section 368] makes a municipal tax collection scheme apply by default if it meets the requirements of the proposed section 368 (1) (c).

SECTION 54: [Municipal Act, amends section 369] provides more flexibility in relation to the requirement that Home Owner Grant forms be provided in conjunction with the annual property tax notice.

SECTION 55: [Municipal Act, amends section 501] restricts transfers from reserve funds dedicated to park land acquisition.

SECTION 56: [Municipal Act, repeals sections 517 and 518 and enacts sections 517 to 518.1] redrafts these provisions to parallel the broadened authority for regional districts.

SECTION 57: [Municipal Act, amends section 527] adds a requirement for public notice of permanent road closures and ensures persons affected have an opportunity to express their views to council.

SECTION 58: [Municipal Act, amends section 554] makes the language of this provision consistent with Part 19 [Local Improvements and Specified Areas] to which it relates.

SECTION 59: [Municipal Act, repeals Part 18] repeals the authority for establishing specific commissions as a consequence of the proposed general authority under section 176 and the proposed specific authority for athletic commissions under section 722.1.

SECTION 60: [Municipal Act, amends section 648] makes a consequential cross reference change.

SECTION 61: [Municipal Act, amends section 664] provides express authority for using commercial vehicle licence decals rather than licence plates.

SECTION 62: [Municipal Act, amends section 671] is consequential to the proposed definition of "licence plate" in section 664.

SECTION 63: [Municipal Act, amends section 700] is consequential to moving the effect of this provision respecting regional district building inspection authority to a more appropriate location in Part 24 [Regional Districts].

SECTION 64: [Municipal Act, amends section 721] removes the option of allowing transfers with the approval of the Inspector of Municipalities.

SECTION 65: [Municipal Act, enacts section 722.1] moves the effect of this provision from its current location in section 617 to a more appropriate placement.

SECTION 66: [Municipal Act, amends section 729] adds definitions for purposes of the proposed amendments to Part 23 [Improvement Districts].

SECTION 67: [Municipal Act, repeals section 730] repeals a section added in the 1979 Statute Revision that describes the administration and control of improvement districts as being "in the minister".

SECTION 68: [Municipal Act, amends section 731] removes authority for the letters patent of an improvement district to set different rules respecting meeting procedures, annual general meetings, annual financial statements and auditors than those established generally under the Act.

SECTION 69: [Municipal Act, amends section 738] is consequential to the proposed section 738.1 respecting the establishment of officer positions.

SECTION 70: [Municipal Act, enacts sections 738.1 to 738.5]

• requires improvement district trustees to establish officer positions for corporate and financial administration,
• provides general authority for the establishment of improvement district officer positions and the appointment of improvement district officers and employees, and
• provides a notice provision equivalent to that established by section 6.5 of the Act for local governments.

SECTION 71: [Municipal Act, amends section 739]

• requires improvement district trustees to adopt a procedure bylaw, and
• changes a reference from secretary to officer assigned responsibility for corporate administration.

SECTION 72: [Municipal Act, enacts section 739.1] authorizes regulations to make the provisions of sections 236, 237 and 242.1 to 242.5 applicable in relation to meetings of an improvement district's board of trustees and other specified meetings.

SECTION 73: [Municipal Act, amends section 740] changes a reference from secretary to officer assigned responsibility for corporate administration.

SECTION 74: [Municipal Act, enacts section 740.1] authorizes appointment of select committees and establishment of standing committees.

SECTION 75: [Municipal Act, re-enacts section 741] requires annual general meetings for improvement districts to be open to the public and that advance public notice of the meetings be given.

SECTION 76: [Municipal Act, enacts sections 741.1 and 741.2] sets requirements for annual financial reporting by improvement districts and the appointment of their auditors.

SECTION 77: [Municipal Act, enacts section 743.1] gives improvement district trustees power to indemnify against proceedings in relation to trustees and others.

SECTION 78: [Municipal Act, amends section 745] provides authority for improvement districts to enter into agreements and make specified investments.

SECTION 79: [Municipal Act, amends section 746]

• clarifies authority for improvement district trustees to make bylaws for entering into contracts about lands or works,
• removes authority to make bylaws for appointing assessors and collectors, and
• clarifies improvement district authority respecting the subdivision of land.

SECTION 80: [Municipal Act, amends section 747] changes a reference from secretary to officer assigned responsibility for corporate administration.

SECTION 81: [Municipal Act, enacts sections 747.1 and 747.2]

• by section 747.1, authorizes improvement district bylaws for subdivision servicing requirements;
• by section 747.2, in relation to excess or extended services as defined in the section, authorizes improvement district trustees to establish latecomer connection charges and make payments to the owner who originally provided the services.

SECTION 82: [Municipal Act, amends section 747.1] is consequential to the new Strata Property Act coming into force on July 1, 2000.

SECTION 83: [Municipal Act, amends section 753] removes words made redundant by the proposed definition of "assessor" in section 729.

SECTION 84: [Municipal Act, amends section 762] removes words made redundant by the proposed definition of "collector" in section 729.

SECTION 85: [Municipal Act, amends section 771] changes a reference from secretary to officer assigned responsibility for financial administration.

SECTION 86: [Municipal Act, amends section 773]

• repeals definitions that are no longer needed or that are being moved to the general definition section of the Act, and
• adds new definitions for the purposes of Part 24 [Regional Districts].

SECTION 87: [Municipal Act, adds Division 1.1 to Part 24]

• by the proposed section 774.1, continues the current section 775 (1) and (2) provisions respecting regional districts that were established at the time the major 1989 re-enactment of this Part took place, and
• by the proposed section 774.2, adapts the current section 775 (3) to (8) continuation provisions respecting service authority existing at the time of the 1989 amendments to also cover continuation of services provided at the time the amendments made by this Act come into force.

SECTION 88: [Municipal Act, repeals section 775] repeals this provision, the effect of which is moved to the proposed Division 1.1.

SECTION 89: [Municipal Act, amends section 777] is consequential to the broader authority for regional districts to regulate in relation to the services they provide within municipalities.

SECTION 90: [Municipal Act, amends section 781] makes changes consequential to the proposed Division 4.1 of Part 24 [Regional Districts -- Establishing Bylaws].

SECTION 91: [Municipal Act, amends section 782] is consequential to the proposed repeal of the current section 803.

SECTION 92: [Municipal Act, amends section 784] clarifies the authority of a council to replace its regional district director and provides a better transition scheme following general local elections.

SECTION 93: [Municipal Act, amends section 786] allows a rota system for alternate directors in the case of municipalities that have more than one director on a regional district board.

SECTION 94: [Municipal Act, repeals sections 788 and 789] is consequential to the proposed broad authority for regional district expenditures in accordance with their financial plans.

SECTION 95: [Municipal Act, repeals section 790] repeals this provision, the effect of which is covered by the current application of Division 2 of Part 9 [Financial Management -- Reporting] to regional districts.

SECTION 96: [Municipal Act, amends section 791]

• makes cross reference changes,
• allows establishing bylaws for a regional district service to set different voting rules, and
• makes changes consequential to the proposed provisions allowing municipalities to limit their participation in land use planning and management services.

SECTION 97: [Municipal Act, amends section 791] makes the general regional district voting rules apply to these appointments.

SECTION 98: [Municipal Act, amends section 791] is consequential to the proposed Division 5 of Part 24 [Financial Operations] respecting regional district financial operations.

SECTION 99: [Municipal Act, amends section 794] makes these provisions respecting municipal bylaws apply to regional districts.

SECTION 100: [Municipal Act, amends section 794] makes the municipal provision respecting order of obtaining required approvals apply to regional districts.

SECTION 101: [Municipal Act, re-enacts section 795] provides for the appointment of non-directors to select committees of regional district boards.

SECTION 102: [Municipal Act, replaces Division 4 of Part 24 with Divisions 4 to 4.4]

Division 4 -- Services and Powers

• replaces part of the current Division 4 with broad enabling authority for the operation and regulation of services considered necessary or advisable by a regional district board, in keeping with authority provided for municipalities through amendments made in 1999.

Division 4.1 -- Establishing Bylaws

• replaces the remainder of the current Division 4 provisions which require bylaws to establish most services,
• authorizes variation of a number of statutory provisions in the establishing bylaw, and
• sets out the procedural and approval requirements in relation to these bylaws.

Division 4.2 -- Cost Recovery for Services

• establishes a modernized framework for regional district revenue sources (including authorizing the use of property value taxes, parcel taxes, fees and charges and revenue from other sources) and sets out procedural rules in relation to these, and
• establishes the method of apportioning costs of services among a service's participating municipalities and electoral areas.

Division 4.3 -- Requisition and Tax Collection

• moves provisions relating to the requisition of funds and collection of taxes from their current location in Division 5 to a more appropriate location following the provisions respecting cost recovery.

Division 4.4 -- Tax Rates and Exemptions

• moves provisions relating to tax rates and exemptions from regional district taxes from their current location in Division 5 to a more appropriate location following the provisions respecting property tax collection.

The following is a Table of Contents for the new Divisions:

Division 4 -- Services and Powers
796 General authority for services
796.1 Consent required for services outside regional district
796.2 General powers in relation to services
797 Part 15 service powers
797.1 Specific regulatory and other powers
797.2 General authority for fees and charges in relation to services
797.3 Referendums regarding services
797.4 Petition for services
798 General powers equivalent to municipalities
798.1 Emergency powers
799 Additional powers and exceptions

Division 4.1 -- Establishing Bylaws
800 Establishing bylaws required for most services
800.1 Required content for establishing bylaws
800.2 Special options for establishing bylaws
801 Approval of establishing bylaws
801.1 Responsibility for obtaining approval
801.2 Approval of the electors by voting
801.3 Approval of electors by counter petition opportunity
801.4 Consent on behalf of municipal electors
801.5 Consent on behalf of electoral area electors
801.6 Other procedural rules
802 Amendment or repeal of establishing bylaws
802.1 Changes to participating and service areas
802.2 Amending bylaws that are needed for authority to borrow
802.3 Special provisions respecting service withdrawal

Division 4.2 -- Cost Recovery for Services
803 Options for cost recovery
803.1 Costs of services
804 Apportionment of costs
804.1 Cost sharing for Part 26 services
804.2 Valuation information and apportionment adjustments
804.3 Tax base for property value taxes

Division 4.3 -- Requisition and Tax Collection
805 Requisition of funds from municipalities
805.1 Collection in municipalities
806 Requisition of funds for electoral areas
806.1 Collection in electoral areas
807 Amounts to be paid over to regional district

Division 4.4 -- Tax Rates and Exemptions
808 Variable tax rate system
809 Property tax exemptions
810 Exemptions for heritage properties
810.1 Repayment requirement in relation to heritage exemptions
811 Exemptions for riparian property
811.1 Repayment requirement in relation to riparian exemptions
812 Tax exemptions under a partnering agreement

SECTION 103: [Municipal Act, amends section 800.2] allows establishing bylaws to vary the described provisions of the proposed Division 4.5 of Part 24 [Regional Districts -- Dispute Resolution in Relation to Services].

SECTION 104: [Municipal Act, amends section 802.3] in relation to the proposed Division 4.5, allows the minister to direct service participants to the mediation and arbitration processes under that Division if it appears to the inspector that a service is being terminated without agreement between all the participants.

SECTION 105: [Municipal Act, amends section 806] is consequential to the proposed authority for regional district financial plans.

SECTION 106: [Municipal Act, adds Division 4.5 to Part 24] introduces a participant-initiated process for reviewing and withdrawing from regional district services. Key components include the following:

• Municipal councils and electoral area directors can request that the regional board conduct a review of the terms and conditions of their participation in a regional district service.
• If dissatisfied with the outcome of the review, the council or electoral area director may, for most types of service, initiate a process by which their area could ultimately withdraw from the service. The earlier stages of the process include facilitation, mediation assistance and, failing agreement, binding arbitration to ensure closure.

The following is the Table of Contents for the Division:

Division 4.5 -- Dispute Resolution in Relation to Services
813 Definitions
813.01 Minister may appoint facilitators
813.02 Parties to a service review or service withdrawal
813.03 Costs of service review or service withdrawal
813.04 Initiating a service review
813.05 Other issues and services may be dealt with in one service review
813.06 Preliminary meeting
813.07 Negotiations to resolve issues
813.08 Initiating service withdrawal
813.09 Minister's direction on process
813.10 Addition of further initiating participants or further services
813.11 Early termination of process
813.12 Mediation
813.13 Arbitration
813.14 Initiating participant must respond to final resolution
813.15 Direction to further arbitration in certain cases
813.16 When final resolution becomes binding
813.17 Implementation of final resolution by bylaw
813.18 Failure to adopt required bylaws
813.19 Regulations

SECTION 107: [Municipal Act, amends section 813.03] is consequential to the proposed provisions respecting regional district financial operations.

SECTION 108: [Municipal Act, amends section 814]

• repeals provisions the effect of which is moved to the proposed provisions respecting regional district cost recovery, and
• provides a general application of municipal accounting provisions to regional districts.

SECTION 109: [Municipal Act, repeals sections 815 to 818] repeals provisions the effect of which is moved to the proposed Division 4.2 of Part 24 [Cost Recovery for Services].

SECTION 110: [Municipal Act, amends section 819] makes consequential cross reference changes.

SECTION 111: [Municipal Act, repeals sections 820 and 821] repeals provisions the effect of which is moved to the proposed Division 4.2 of Part 24 [Cost Recovery for Services].

SECTION 112: [Municipal Act, repeals sections 822 to 825] repeals provisions the effect of which is moved to the proposed Division 4.3 of Part 24 [Requisition and Tax Collection].

SECTION 113: [Municipal Act, repeals section 827]

• removes the current limit on feasibility study expenditures, and
• for the remaining provisions of the section, is consequential to the proposed broad service powers for regional districts.

SECTION 114: [Municipal Act, re-enacts Division 5 of Part 24] establishes broad financial authority parallel to that provided for municipalities through amendments made in 1999.

The following is a Table of Contents for the new Division:

Division 5 -- Financial Operations
814 General accounting rules
815 Financial plan
816 Process requirements for financial plan
817 Limit on expenditures
818 Limit on borrowing and other liabilities
819 Application of municipal provisions
820 Liabilities under agreements
821 Revenue anticipation borrowing
822 Short term capital borrowing
823 Loan authorization bylaws
824 Financing municipal undertakings
825 Security issuing bylaws may combine borrowing
826 General liability provisions

SECTION 115: [Municipal Act, amends section 838] in relation to local community commissions,

• removes the requirement for a 2/3 majority vote in order to establish a commission,
• allows an increase in the number of commissioners from 4 to 6, and
• removes a qualification requirement that commissioners must reside in the local community.

SECTION 116: [Municipal Act, amends section 838] is consequential to the proposed provisions respecting regional district financial plans.

SECTION 117: [Municipal Act, repeals section 839] removes notice requirements that applied to regional districts but not municipalities.

SECTION 118: [Municipal Act, repeals section 841] is consequential to moving the effect of this provision into the proposed Division 5 respecting regional district financial operations.

SECTION 119: [Municipal Act, repeals sections 842 to 845.3] is consequential to moving these provisions to the proposed Division 4.4 of Part 24 [Tax Rates and Exemptions].

SECTION 120: [Municipal Act, amends section 847] repeals provisions the effect of which is moved to the proposed Division 4.2 of Part 24 [Cost Recovery for Services].

SECTION 121: [Municipal Act, amends section 848] corrects a punctuation error.

SECTION 122: [Municipal Act, amends section 856] makes this provision respecting regional growth strategies parallel to the proposed provisions respecting resolution of regional district service disputes.

SECTION 123: [Municipal Act, amends section 857] changes this reference to reflect the current use of the term.

SECTION 124: [Municipal Act, amends section 858] adds an extension power in relation to regional growth strategy resolution parallel to that being provided for the proposed dispute resolution processes in relation to regional district services.

SECTION 125: [Municipal Act, amends section 862] provides parallel authority in relation to regional growth strategy settlement as is provided in the proposed Division 4.5 of Part 24 [Dispute Resolution in Relation to Services].

SECTION 126: [Municipal Act, amends section 871] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 127: [Municipal Act, re-enacts the heading for Part 26] provides a more descriptive title for this Part.

SECTION 128: [Municipal Act, amends section 872] makes consequential amendments.

SECTION 129: [Municipal Act, re-enacts section 873 and enacts section 873.1] restates the nature of the authority that a local government has under Part 26 [Planning and Land Use Management].

SECTION 130: [Municipal Act, amends section 874] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 131: [Municipal Act, re-enacts sections 875 and 876]

• provides a broad statement of the purposes of official community plans, and
• requires local governments to consider any applicable Provincial guidelines regarding the content, development and adoption of official community plans.

SECTION 132: [Municipal Act, amends section 877] updates references to the defined term "official community plan".

SECTION 133: [Municipal Act, amends section 878] updates references to the defined term "official community plan".

SECTION 134: [Municipal Act, repeals sections 877 and 878 and re-enacts section 877] replaces the current approach of specific content authority with a broad general authority.

SECTION 135: [Municipal Act, repeals sections 879 to 880 and re-enacts section 879] establishes a requirement for consultation in preparing official community plans, similar to that needed for regional growth strategies.

SECTION 136: [Municipal Act, amends section 881] updates the reference to these plans.

SECTION 137: [Municipal Act, repeals sections 882 and 883 and re-enacts section 882] updates the adoption procedures for official community plans by limiting the distinctions between municipal and regional district plans.

SECTION 138: [Municipal Act, amends section 882] is consequential to the proposed financial planning authority for regional districts.

SECTION 139: [Municipal Act, amends section 882] is consequential to the repeal of the current section 878.

SECTION 140: [Municipal Act, repeals section 885] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 141: [Municipal Act, repeals Division 3 of Part 26] repeals the option for regional districts to adopt rural land use bylaws rather than official community plans and zoning bylaws.

SECTION 142: [Municipal Act, amends section 890]

• removes a reference to rural land use bylaws, and
• adds express authority respecting procedures at public hearings on official community plans and zoning bylaws.

SECTION 143: [Municipal Act, amends section 892] updates the reference to official community plans and makes a consequential cross reference change.

SECTION 144: [Municipal Act, amends section 893] clarifies that the notice rules under this provision are to be the same as those generally used for official community plans.

SECTION 145: [Municipal Act, amends section 895] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 146: [Municipal Act, repeals section 897] repeals restrictions on the content of optional procedure manuals.

SECTION 147: [Municipal Act, amends section 898] makes changes consequential to the elimination of authority for new rural land use bylaws.

SECTION 148: [Municipal Act, amends section 899] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 149: [Municipal Act, amends section 901]

• adds a requirement that, before making an application to the Board of Variance, a person must first have sought a development variance permit from the municipal council or regional district board, as applicable,
• makes a consequential cross reference change, and
• establishes a default period for exercising a variance that has been granted that is equivalent to the period for development variance permits.

SECTION 150: [Municipal Act, re-enacts the heading to Division 7 of Part 26] adds a specific reference to zoning.

SECTION 151: [Municipal Act, amends section 903] allows regulations to provide exceptions to the requirement for zoning bylaw approval by the minister responsible for the Farm Practices Protection (Right to Farm) Act.

SECTION 152: [Municipal Act, amends section 910] allows regulations to provide exemptions from the requirement for ministerial approval.

SECTION 153: [Municipal Act, amends section 911] removes references to rural land use bylaws.

SECTION 154: [Municipal Act, amends section 912] removes a reference to rural land use bylaws.

SECTION 155: [Municipal Act, amends section 913] removes a reference to rural land use bylaws.

SECTION 156: [Municipal Act, amends section 914] removes references to rural land use bylaws.

SECTION 157: [Municipal Act, amends section 915] removes references to rural land use bylaws.

SECTION 158: [Municipal Act, amends section 916] removes a reference to rural land use bylaws.

SECTION 159: [Municipal Act, amends section 917] allows regulations to exempt farm practices bylaws from the requirement for ministerial approval.

SECTION 160: [Municipal Act, amends section 918] makes consequential cross reference changes.

SECTION 161: [Municipal Act, amends section 919] removes references to rural land use bylaws.

SECTION 162: [Municipal Act, enacts section 919.1]

• moves the effect of this section from its current location in section 879 to a more appropriate location immediately preceding the development permit section to which it relates,
• adds authority in relation to intensive residential development, and
• allows the required guidelines to be established by zoning bylaw rather than by official community plan.

SECTION 163: [Municipal Act, amends section 920]

• makes changes consequential to the proposed section 919.1, and
• by amendments to subsection (11), broadens the nature of engineering reports that can be required.

SECTION 164: [Municipal Act, enacts section 920.01] moves the effect of this section from its current location in section 879.1 to a more appropriate location immediately preceding the section to which it relates.

SECTION 165: [Municipal Act, amends section 920.1] makes a cross reference change consequential to the proposed section 920.01.

SECTION 166: [Municipal Act, enacts section 920.2]

• moves the effect of this section from its current location in section 879 (4) to a more appropriate location immediately preceding the section to which it relates, and
• allows the designation to be done by zoning bylaw as well as official community plan.

SECTION 167: [Municipal Act, amends section 921] makes changes consequential to the proposed section 920.2.

SECTION 168: [Municipal Act, amends section 922] removes a reference to rural land use bylaws.

SECTION 169: [Municipal Act, re-enacts section 924] allows exemptions from the requirement for ministerial approval.

SECTION 170: [Municipal Act, amends section 929] is consequential to removing the authority for new rural land use bylaws.

SECTION 171: [Municipal Act, amends section 930]

• allows exemptions from the requirement for ministerial approval, and
• adds variation authority to parallel other exemption provisions.

SECTION 172: [Municipal Act, amends section 931] makes a consequential cross reference change.

SECTION 173: [Municipal Act, amends section 932] allows approved interest costs to be included as part of the capital costs of a work in relation to which development costs charges may be imposed.

SECTION 174: [Municipal Act, amends section 936] makes the proposed section 941 (14) apply to park land acquired under section 936.

SECTION 175: [Municipal Act, amends section 938] makes a consequential cross reference change and identifies the applicable minister using the standard approach in Provincial legislation.

SECTION 176: [Municipal Act, amends section 941]

• removes a reference to rural land use bylaws,
• clarifies the application of subsections (3) and (6),
• ensures that park land is provided in relation to phased subdivision development, and
• allows title in park land provided under this section to be vested in the local government.

SECTION 177: [Municipal Act, amends section 946] clarifies that local government may establish the minimum parcel size of subdivisions for relatives in relation to certain ALR land that is not used as a farm or that was less than 2 acres in size before the establishment of the ALR.

SECTION 178: [Municipal Act, amends section 947] makes a consequential cross reference change.

SECTION 179: [Municipal Act, amends section 947] makes a consequential cross reference change.

SECTION 180: [Municipal Act, re-enacts section 953]

• repeals authority for establishing community heritage commissions because general authority for establishing such commissions is provided in proposed amendments to section 176, and
• ensures that existing organizations designated to act as community heritage commissions are considered to be the same as commissions established under section 176.

SECTION 181: [Municipal Act, amends section 966] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 182: [Municipal Act, enacts section 970.1] moves the effect of this section from its current location in section 880 to a more appropriate location immediately preceding the section to which it relates.

SECTION 183: [Municipal Act, amends section 971] makes cross reference changes consequential to the proposed section 970.1.

SECTION 184: [Municipal Act, amends section 972]

• removes a reference to rural land use bylaws, and
• makes a consequential cross reference change.

SECTION 185: [Municipal Act, amends section 974] makes a consequential cross reference change.

SECTION 186: [Municipal Act, amends section 976] makes a consequential cross reference change.

SECTION 187: [Municipal Act, amends section 977] makes a consequential cross reference change.

SECTION 188: [Municipal Act, amends section 977] makes a consequential cross reference change.

SECTION 189: [Municipal Act, amends section 978] makes a consequential cross reference change.

SECTION 190: [Municipal Act, amends section 978] makes consequential cross reference changes.

SECTION 191: [Acts listed in Schedule, amends listed provisions] makes amendments consequential to changing the name of the Municipal Act to the Local Government Act.

SECTION 192: [Agricultural Land Reserve Act, amends section 15] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 193: [Agricultural Land Reserve Act, amends section 22] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 194: [Agricultural Land Reserve Act, amends section 47] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 195: [Assessment Act, amends section 19] provides a special valuation rule for property that is subject to a tax exemption under the proposed Part 7.1 of the Islands Trust Act.

SECTION 196: [Assessment Act, amends section 19] makes a consequential cross reference change.

SECTION 197: [Emergency Program Act, amends section 1] makes a consequential cross reference change.

SECTION 198: [Expropriation Act, amends section 20] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 199: [Expropriation Act, amends section 33] updates a reference to these plans.

SECTION 200: [Farm Practices Protection (Right to Farm) Act, amends section 2] makes a consequential cross reference change.

SECTION 201: [Forest Land Reserve Act, amends section 14] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 202: [Greater Vancouver Sewerage and Drainage District Act, amends section 10] maintains the current financial authority of the District under this Act despite proposed changes to the Municipal Act respecting general regional district financing authority.

SECTION 203: [Greater Vancouver Sewerage and Drainage District Act, amends section 58.1] allows approved interest costs to be included as part of the capital costs of a work in relation to which development costs charges may be imposed.

SECTION 204: [Greater Vancouver Transportation Authority Act, amends section 1] makes a consequential cross reference change.

SECTION 205: [Greater Vancouver Water District Act, amends section 12] maintains the current financial authority of the District under this Act despite proposed changes to the Municipal Act respecting general regional district financing authority.

SECTION 206: [Highway Act, amends section 52] is consequential to the amendment to section 54.

SECTION 207: [Highway Act, amends section 54] clarifies that this provision applies to all zoning bylaws under the Municipal Act and removes a reference to rural land use bylaws, which are deemed under the proposed section 873.1 to be zoning bylaws.

SECTION 208: [Horse Racing Act, amends section 12] makes a housekeeping correction to add the currently missing word "under".

SECTION 209: [Hospital District Act, amends section 4] is consequential to the removal of distinctions between different classes of regional district services.

SECTION 210: [Hydro and Power Authority Privatization Act, amends section 10] is consequential to the elimination of authority for new rural land use bylaws.

SECTION 211: [Islands Trust Act, amends section 8] makes a cross reference change.

SECTION 212: [Islands Trust Act, amends section 11] updates a reference to these plans.

SECTION 213: [Islands Trust Act, amends section 27] updates a reference to these plans.

SECTION 214: [Islands Trust Act, amends section 29]

• makes a consequential cross reference change, and
• updates a reference to these plans.

SECTION 215: [Islands Trust Act, amends section 31] removes references to rural land use bylaws.

SECTION 216: [Islands Trust Act, amends section 32] removes a reference to rural land use bylaws.

SECTION 217: [Islands Trust Act, amends section 37] removes a reference to rural land use bylaws.

SECTION 218: [Islands Trust Act, amends section 38] updates a reference to these plans.

SECTION 219: [Islands Trust Act, amends section 39] removes a reference to rural land use bylaws.

SECTION 220: [Islands Trust Act, adds Part 7.1]

• allows the Islands Trust Council to provide tax exemptions for natural area land that is protected by covenants under section 219 of the Land Title Act, and
• provides for recapture of a tax exemption benefit if the land ceases to be protected or if the protection requirements are not met.

SECTION 221: [Islands Trust Act, amends section 53] provides variation authority in relation to provisions of the Municipal Act that are made applicable to the Islands Trust.

SECTION 222: [Islands Trust Act, amends section 53] provides regulation-making authority in relation to the proposed Part 7.1.

SECTION 223: [Islands Trust Act, amends section 55] is consequential to proposed title change for the Municipal Act.

SECTION 224: [Land Title Act, re-enacts section 81] makes a consequential cross reference change.

SECTION 225: [Land Title Act, re-enacts section 274] is consequential to proposed title change for the Municipal Act.

SECTION 226: [Library Act, amends section 1] is consequential to the proposed broad service powers for regional districts.

SECTION 227: [Library Act, amends section 35] is consequential to providing regional districts with granting authority equivalent to that of municipalities.

SECTION 228: [Local Government Statutes Amendment Act (No. 2), 1997, amends section 47] repeals a provision whose effect was accomplished by the Local Government Statutes Amendment Act, 1999.

SECTION 229: [Local Government Statutes Amendment Act, 1999, repeals section 171] repeals a provision, the effect of which was accomplished by another section of that Act.

SECTION 230: [Local Government Statutes Amendment Act, 1999, repeals section 173] repeals a provision, the effect of which is incorporated into the proposed Division 5 of Part 4 [Counter Petition Opportunities].

SECTION 231: [Local Government Statutes Amendment Act, 1999, repeals section 204] repeals a provision whose effect is replaced by the proposed amendment in this Act to section 932 of the Municipal Act.

SECTION 232: [Local Government Statutes Amendment Act, 1999, amends section 342] clarifies that amendments to taxation bylaws that simply update the applicable year are permitted under this transitional provision.

SECTION 233: [Local Services Act, amends section 2] removes a reference to rural land use bylaws and makes consequential cross reference changes.

SECTION 234: [Local Services Act, amends section 2] makes a consequential cross reference change.

SECTION 235: [Mineral Tenure Act, amends section 1] updates a cross reference.

SECTION 236: [Miscellaneous Statutes Amendment Act (No. 2), 1999, repeals section 52] repeals this provision which has been superseded by amendments to the Municipal Act made by the Local Government Statutes Amendment Act, 1999.

SECTION 237: [Municipal Finance Authority Act, amends section 11] makes consequential cross reference changes.

SECTION 238: [Municipal Finance Authority Act, amends section 11.1] makes a consequential cross reference change.

SECTION 239: [Municipal Finance Authority Act, amends section 15] makes consequential cross reference changes.

SECTION 240: [Municipalities Enabling and Validating Act, repeals section 167] repeals a provision respecting the acquisition of property required for sewage disposal that is no longer needed with the broad property powers available to local governments under the Municipal Act.

SECTION 241: [Municipalities Enabling and Validating Act, repeals section 204] repeals a provision respecting the acquisition of property for regional district purposes that is no longer needed with the broad property powers available to local governments under the Municipal Act.

SECTION 242: [Municipalities Enabling and Validating Act (No. 2), repeals section 37] repeals the special authorities provided to the City of Victoria in relation to the 1997 proposed arena project.

SECTION 243: [New Westminster Redevelopment Act, 1989, amends section 4] updates a cross reference.

SECTION 244: [New Westminster Redevelopment Act, 1989, amends section 5] updates cross references.

SECTION 245: [New Westminster Redevelopment Act, 1989, amends section 6] updates a cross reference.

SECTION 246: [Park (Regional) Act, amends section 3] makes a consequential cross reference change.

SECTION 247: [Park (Regional) Act, amends section 10] allows regional districts to adopt borrowing bylaws in relation to regional parks using any of the three methods provided for loan authorization bylaws under the Municipal Act, or by using the method provided for amendment of establishing bylaws under that Act.

SECTION 248: [Resort Municipality of Whistler Act, amends section 6] makes consequential cross reference changes.

SECTION 249: [School Act, amends section 41] limits non-resident property elector eligibility to circumstances where the property is owned only by individuals.

SECTION 250: [School Act, amends section 131] makes a consequential cross reference change.

SECTION 251: [Taxation (Rural Area) Act, amends section 15] makes consequential cross reference changes.

SECTION 252: [The Cultus Lake Park Act, amends section 14] updates cross references.

SECTION 253: [Vancouver Charter, amends section 2] updates a reference to the current name of this board.

SECTION 254: [Vancouver Charter, amends section 2.1] corrects a cross reference added by the 1999 Municipal Reform amendments.

SECTION 255: [Vancouver Charter, amends section 17] makes this provision respecting election notices parallel the proposed provisions of the Municipal Act.

SECTION 256: [Vancouver Charter, amends section 24] limits non-resident property elector eligibility to circumstances where the property is owned only by individuals.

SECTION 257: [Vancouver Charter, amends section 136] makes this provision respecting non-election voting notices parallel the provision respecting election notices.

SECTION 258: [Vancouver Charter, amends section 136.5] parallels the proposed section 170 of the Municipal Act respecting notice of opportunity to act as a scrutineer in relation to non-election voting.

SECTION 259: [Vancouver Charter, amends section 136.6] establishes a default rule for non- election voting that is held in conjunction with or at the same time as a City election.

SECTION 260: [Vancouver Charter, amends section 165.8] makes the language of this provision consistent with that of proposed section 739.1 of the Municipal Act.

SECTION 261: [Vancouver Charter, amends section 338] removes the antiquated restriction that limits athletic commission fees to 5¢ per seat.

SECTION 262: [Vancouver Charter, amends section 374.4] makes a consequential cross reference change.

SECTION 263: [Waste Management Act, amends section 24] is consequential to the removal of procedural distinctions between different types of regional district services.

SECTIONS 264 to 284: [Part 3 -- Transitional and Commencement] enacts transitional provisions related to the amendments proposed by this Act and those enacted by the Local Government Statutes Amendment Act, 1999.

Return to Bill 14

[ Return to: Legislative Assembly Home Page ]

Copyright © 2000: Queen's Printer, Victoria, British Columbia, Canada