2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING

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


HONOURABLE TED NEBBLING
MINISTER OF STATE FOR
COMMUNITY CHARTER

BILL 76 -- 2003

COMMUNITY CHARTER TRANSITIONAL PROVISIONS,
CONSEQUENTIAL AMENDMENTS AND OTHER
AMENDMENTS ACT, 2003

 
Explanatory Notes

SECTION 1: [Transitional -- Definitions] enacts definitions for the purposes of Part 1.

SECTION 2: [Transitional -- Deemed continuation of previous enactments] deems bylaw authority amended, repealed or replaced by this Act or the Community Charter to be continued if this Part provides for the continuation or for the continued application of bylaws enacted under the amended, repealed or replaced authority.

SECTION 3: [Transitional -- Interim regulations] authorizes the Lieutenant Government in Council to make transitional regulations to correct errors and resolve issues that arise in and from the transition to the Community Charter, but provides that such regulations have effect only until the last day of the session of the Legislative Assembly following the making of the regulations.

SECTION 4: [Transitional -- Continuation of municipal bylaws] continues the validity of a municipal bylaw enacted under an authority that has been repealed until the bylaw is repealed or amended, but authorizes the Lieutenant Governor in Council to continue by regulation the necessary authority for the bylaw, retroactive to the date the authority was repealed, amended or replaced, if amendment of the bylaw is required.

SECTION 5: [Transitional -- Reasons for bylaw adoption] disapplies the requirement to provide reasons for adopting bylaws under section 8 (3) to (6) of the Community Charter in respect of the amendment of bylaws that are enacted before the Community Charter comes into force unless the amendment involves the exercise of a power under section 8 (3) to (6) of that Act.

SECTION 6: [Transitional -- Counter petition opportunities in process] continues the application of the Local Government Act provisions respecting counter petition opportunities if notice of a counter petition opportunity was given before the repeal, amendment or replacement of the section requiring it and deems bylaws adopted following a counter petition opportunity under the Local Government Act to be bylaws adopted with the approval of the electors under the Community Charter.

SECTION 7: [Transitional -- Hazard and nuisance requirements in process] continues the authority and procedures under the Local Government Act in relation to dangerous buildings, hazardous trees and shrubs and declared nuisances if the procedures have been started under the Local Government Act before the replacement provision in the Community Charter comes into force.

SECTION 8: [Transitional -- Mayor's authority to require reconsideration] requires that the reconsideration procedures under the Local Government Act continue to apply in respect of matters voted on by a council before the replacement provision of the Community Charter comes into force.

SECTION 9: [Transitional -- Construction bylaws] continues the application of the Local Government Act in relation to local improvement projects that are or will be started within one year of the date the applicable provisions of the Local Government Act are repealed.

SECTION 10: [Transitional -- Heritage, riparian, cemetery and golf course exemptions and valuations] continues the application of the Local Government Act repayment provisions in relation to tax exemptions provided under that Act for heritage and riparian property and the application of the rules respecting golf course and cemetery valuation agreements for the life of any agreements made under those rules.

SECTION 11: [Transitional -- Irrigation bylaws] continues the application of the Local Government Act override of agreements respecting water for irrigation entered into by a person from whom the municipality acquired a licence or works by bylaws of the municipality.

SECTION 12: [Transitional -- Disposal of assets acquired with Provincial grants] requires notice to the Inspector of Municipalities if a municipality intends to dispose of lands, improvements or works acquired or constructed in whole or in part with Provincial grant funds and authorizes the Inspector to require repayment of those funds in accordance with the regulations authorized by the section.

SECTION 13: [Transitional -- Transfer of subdivision park land] makes a municipality's right in Crown property that vests in the municipality on the coming into force of the Community Charter subject to the same reservations to which the Crown's title was subject.

SECTION 14: [Transitional -- Annual municipal report] disapplies, for the first year that an annual municipal report is prepared by a municipality under the Community Charter, the provisions of section 98 of the Community Charter that impose requirements based on requirements from the previous year's reporting.

SECTION 15: [Transitional -- Disclosure of gifts and personal benefits] limits the application of the reporting requirement under section 106 (2) of the Community Charter to gifts received on or after the date that section comes into force.

SECTION 16: [Transitional -- Procedure bylaws] provides municipalities with 120 days after the Community Charter comes into force to adopt a procedure bylaw under section 124 of the Community Charter and provides procedural rules that apply in the meantime.

SECTION 17: [Transitional -- Special funds]

SECTION 18: [Transitional -- Parcel taxes] limits to one year the collection of parcel taxes imposed under the Local Government Act in relation to a service unless the parcel has the opportunity to be provided with the service as is required in relation to such a tax under the Community Charter.

SECTION 19: [Transitional -- Specified areas and business improvement areas] deems specified areas under the Local Government Act to be local service areas under the Community Charter and deems business improvement areas and mountain business improvement areas under the Local Government Act to be business improvement areas under the Community Charter.

SECTION 20: [Transitional -- Regulations under this Act] makes section 6.6 (3) of the Local Government Act, enacted by this Bill to authorize variations in regulations in relation to a number of factors, apply in relation to regulations under this Act.

 
Assessment Act

SECTION 21: [Assessment Act, amends section 1 (1)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
British Columbia Transit Act

SECTION 22: [British Columbia Transit Act, amends section 1 (1)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 23: [British Columbia Transit Act, amends section 8] adds references to the Community Charter and to elector approval.

SECTION 24: [British Columbia Transit Act, amends section 19 (1) and (5)] adds references to the Community Charter.

SECTION 25: [British Columbia Transit Act, amends section 22] adds a reference to the Community Charter.

SECTION 26: [British Columbia Transit Act, amends section 25] removes references to the Local Government Act.

SECTION 27: [British Columbia Transit Act, amends section 26 (1) and (2)] adds references to the Community Charter.

 
Budget Measures Implementation Act, 2003

SECTION 28: [Budget Measures Implementation Act, 2003, repeals section 17] repeals a not in force provision that amends section 339 (1) (p) of the Local Government Act, which section this Bill repeals.

 
Cemetery and Funeral Services Act

SECTION 29: [Cemetery and Funeral Services Act, amends section 1 (1)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 30: [Cemetery and Funeral Services Act, amends section 18 (1) (a) and (2) (a)] replaces references to the Local Government Act with references to the Community Charter.

SECTION 31: [Cemetery and Funeral Services Act, repeals section 1 of the Supplement] repeals a not in force provision that is related to an amendment to section 340 of the Local Government Act, which amendment this Bill repeals.

 
Coastal Ferry Act

SECTION 32: [Coastal Ferry Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 33: [Coastal Ferry Act, amends section 30] repeals the definition of "local government" and amends the definition of "municipality" consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Columbia Basin Trust Act

SECTION 34: [Columbia Basin Trust Act, amends section 6 (1)] updates a reference to the corporate officer.

SECTION 35: [Columbia Basin Trust Act, amends section 7 (1) (a)] updates a reference to the corporate officer.

 
Community Care and Assisted Living Act

SECTION 36: [Community Care and Assisted Living Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 37: [Community Care and Assisted Living Act, repeals sections 52 and 53] is consequential to the repeal of sections 339 and 341 of the Local Government Act by this Bill.

 
Community Care Facility Act

SECTION 38: [Community Care Facility Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Community Charter

SECTION 39: [Community Charter, repeals and replaces section 169 (2) and (3)] is consequential to the enactment of the Business Corporations Act.

SECTION 40: [Community Charter, enacts section 193.1] adds authority to establish, by bylaw, the manner in which interest is prescribed, consistent with section 59 of the Budget Measures Implementation Act, 2003.

SECTION 41: [Community Charter, amends section 220] makes wording of the paragraph consistent with the wording of the Budget Measures Implementation Act, 2003.

SECTION 42: [Community Charter, amends section 224] is consequential to the enactment of the Community Care and Assisted Living Act.

 
Community Financial Services Act

SECTION 43: [Community Financial Services Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Cosmetologists Act

SECTION 44: [Cosmetologists Act, amends section 14 (2)] makes a housekeeping amendment.

 
Credit Union Incorporation Act

SECTION 45: [Credit Union Incorporation Act, amends section 1 (1)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Criminal Records Review Act

SECTION 46: [Criminal Records Review Act, amends section 7 (1)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Dike Maintenance Act

SECTION 47: [Dike Maintenance Act, amends section 1] consequentially replaces a reference to the Local Government Act in the definition of "municipality" with a reference to the Community Charter.

 
Document Disposal Act

SECTION 48: [Document Disposal Act, re-enacts section 4] adopts current terminology respecting municipalities and adds a reference to regional districts.

 
Drainage, Ditch and Dike Act

SECTION 49: [Drainage, Ditch and Dike Act, repeals and replaces section 107 (2) and (3)] removes unnecessary references to "municipal corporations".

SECTION 50: [Drainage, Ditch and Dike Act, amends section 171] replaces references to "specified areas" with references to "local services areas".

 
Drinking Water Protection Act

SECTION 51: [Drinking Water Protection Act, amends section 1] is consequential to the definition of "greater board" being moved from the Local Government Act to the Community Charter.

SECTION 52: [Drinking Water Protection Act, amends section 27 (4)] adds a reference to the Community Charter.

SECTION 53: [Drinking Water Protection Act, repeals and replaces section 38 (4)] adds a reference to the Community Charter and changes the terms referring to elector approval as a consequence of replacing the counter petition opportunity process.

 
Emergency Communications Corporations Act

SECTION 54: [Emergency Communications Corporations Act, repeals and replaces section 4 (3)] adds a reference to the Community Charter.

 
Emergency Program Act

SECTION 55: [Emergency Program Act, amends section 1 (1)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 56: [Emergency Program Act, repeals and replaces section 13 (6)] is consequential to the introduction by this Bill of an alternative elector approval process.

 
Estate Administration Act

SECTION 57: [Estate Administration Act, amends section 96 (1)] removes a reference to an outdated form of municipal tax roll.

 
Evidence Act

SECTION 58: [Evidence Act, amends section 28 (1) (b) and (2)] updates references to the corporate officer.

SECTION 59: [Evidence Act, repeals and replaces section 60 (f)] updates a reference to the corporate officer.

 
Expropriation Act

SECTION 60: [Expropriation Act, amends section 1] adds a reference to the Community Charter and updates references to the minister responsible.

 
Farm Practices Protection (Right to Farm) Act

SECTION 61: [Farm Practices Protection (Right to Farm) Act, amends section 1] adds to the definition of "land use regulation" references to the Community Charter in order to continue the current restrictions on municipal authority in relation to normal farm practices.

SECTION 62: [Farm Practices Protection (Right to Farm) Act, repeals and replaces section 2 (3)] adds references to the Community Charter in order to continue the current rule that farmers engaging in normal farm practices cannot be prosecuted for contravening certain municipal bylaws.

 
Financial Disclosure Act

SECTION 63: [Financial Disclosure Act, amends section 1] updates a reference to the local government corporate officer.

 
Financial Institutions Act

SECTION 64: [Financial Institutions Act, amends section 1 (1)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Fire Services Act

SECTION 65: [Fire Services Act, amends section 1] for consistency, adds a definition of "Provincial building regulations" that references the meaning established by the Community Charter.

SECTION 66: [Fire Services Act, repeals and replaces section 23 (2), (4) and (5)] updates references to the municipal financial officer and to the Community Charter.

SECTION 67: [Fire Services Act, amends section 30 (1) and (4)] references the definition of "Provincial building regulations" added by this Bill.

 
Firearm Act

SECTION 68: [Firearm Act, repeals and replaces section 2 (1)] updates a cross reference to the Community Charter.

 
First Peoples' Heritage, Language and Culture Act

SECTION 69: [First Peoples' Heritage, Language and Culture Act, amends section 12] adds a reference to the Community Charter.

 
Fish Protection Act

SECTION 70: [Fish Protection Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 71: [Fish Protection Act, amends section 12 (4) (b)] corrects a cross reference.

 
Food Safety Act

SECTION 72: [Food Safety Act, repeals section 28] is consequential to the repeal of section 680 of the Local Government Act by this Bill.

 
Forest Act

SECTION 73: [Forest Act, repeals and replaces section 140 (1) (c)] updates a reference to the local government corporate officer.

 
Forest and Range Practices Act

SECTION 74: [Forest and Range Practices Act, amends section 22 (1)] adds a reference to the Community Charter.

SECTION 75: [Forest and Range Practices Act, repeals and replaces section 110 (1) (c)] updates a reference to the local government corporate officer.

 
Forest Practices Code of British Columbia Act

SECTION 76: [Forest Practices Code of British Columbia Act, amends section 53] adds a reference to the Community Charter.

SECTION 77: [Forest Practices Code of British Columbia Act, amends section 75] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 78: [Forest Practices Code of British Columbia Act, repeals and replaces section 164 (1) (c)] updates a reference to the local government corporate officer.

 
Freedom of Information and Protection of Privacy Act

SECTION 79: [Freedom of Information and Protection of Privacy Act, amends Schedule 1] amends the definition of "local government body"

 
Gaming Control Act

SECTION 80: [Gaming Control Act, amends section 1 (1)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Gas Safety Act

SECTION 81: [Gas Safety Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Greater Nanaimo Water District

SECTION 82: [Greater Nanaimo Water District Act, amends section 11 (2) (b)] adds a reference to the Community Charter.

SECTION 83: [Greater Nanaimo Water District Act, amends section 84 (1)] adds a reference to the Community Charter.

 
Greater Vancouver Sewerage and Drainage District Act

SECTION 84: [Greater Vancouver Sewerage and Drainage District Act, amends section 7 (3)] removes unnecessary references respecting the process for obtaining assent of the electors.

SECTION 85: [Greater Vancouver Sewerage and Drainage District Act, amends section 7B (3)] updates terminology as a result of the amendments to the Local Government Act by this Bill.

SECTION 86: [Greater Vancouver Sewerage and Drainage District Act, amends section 7C (3)] updates terminology as a result of the amendments to the Local Government Act by this Bill.

SECTION 87: [Greater Vancouver Sewerage and Drainage District Act, amends section 8]

SECTION 88: [Greater Vancouver Sewerage and Drainage District Act, amends section 14] replaces references to the Local Government Act with references to the Community Charter and adds a requirement to make bylaws of the corporation available for public inspection.

SECTION 89: [Greater Vancouver Sewerage and Drainage District Act, re-enacts sections 18 and 20] updates references to the corporate and financial officers.

SECTION 90: [Greater Vancouver Sewerage and Drainage District Act, amends section 34.1] replaces references to the Local Government Act and with references to the Community Charter and updates references to reserve funds.

SECTION 91: [Greater Vancouver Sewerage and Drainage District Act, repeals section 50] repeals a provision respecting the application to sinking funds of sections of the Local Government Act that are being repealed by this Bill.

SECTION 92: [Greater Vancouver Sewerage and Drainage District Act, amends section 55 (3)] removes a cross reference that is no longer needed.

SECTION 93: [Greater Vancouver Sewerage and Drainage District Act, amends section 58.2 (3)] replaces references to the Local Government Act with references to the Community Charter.

SECTION 94: [Greater Vancouver Sewerage and Drainage District Act, amends section 58.3 (2)] replaces references to the Local Government Act with references to the Community Charter.

SECTION 95: [Greater Vancouver Sewerage and Drainage District Act, repeals section 58.6 (4)] repeals a provision respecting the transfer of funds in reserve funds, that is now incorporated in the proposed section 34.1 (1) of the Act.

SECTION 96: [Greater Vancouver Sewerage and Drainage District Act, amends section 65] adds a reference to the Community Charter.

 
Greater Vancouver Transportation Authority Act

SECTION 97: [Greater Vancouver Transportation Authority Act, amends section 21] adds a reference to the Community Charter, updates a reference to the Local Government Act and replaces a reference to the Local Government Act with a reference to the Community Charter.

SECTION 98: [Greater Vancouver Transportation Authority Act, amends section 22] clarifies the limits on a municipality's authority, consequential to the expansion of municipal powers under the Community Charter.

SECTION 99: [Greater Vancouver Transportation Authority Act, amends section 23] replaces a reference to the Local Government Act with a reference to the Community Charter, eliminates a reference to the Local Government Act that is no longer applicable, and clarifies the Authority's power in relation to highways.

SECTION 100: [Greater Vancouver Transportation Authority Act, amends section 25 (6) (b)] corrects a cross reference to the Local Government Act that should have been a cross reference to the Hospital District Act.

SECTION 101: [Greater Vancouver Transportation Authority Act, amends sections 27 (1) and (4) and 34 (1) and (3)] adds cross references to the Community Charter.

SECTION 102: [Greater Vancouver Transportation Authority Act, repeals section 51 (a)] repeals a not in force provision.

SECTION 103: [Greater Vancouver Transportation Authority Act, amends section 55 (b) and (c)] amends not in force provisions to add references to the Community Charter.

 
Greater Vancouver Water District Act

SECTION 104: [Greater Vancouver Water District Act, amends section 10]

SECTION 105: [Greater Vancouver Water District Act, repeals and replaces section 17 (3)] replaces references to the Local Government Act with references to the Community Charter.

SECTION 106: [Greater Vancouver Water District Act, re-enacts sections 21 and 23] updates a reference to the municipal corporate officer and to the municipal financial officer.

SECTION 107: [Greater Vancouver Water District Act, amends section 57.1] updates references to, and makes the language consistent with, the Community Charter.

SECTION 108: [Greater Vancouver Water District Act, amends section 81] replaces references to the Local Government Act with references to the Community Charter.

 
Health Act

SECTION 109: [Health Act, amends section 46 (8)] removes an unnecessary cross reference.

SECTION 110: [Health Act, amends section 74 (3) and (4)] adds a reference to the Community Charter.

 
Health Authorities Act

SECTION 111: [Health Authorities Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 112: [Health Authorities Act, amends section 15 (1)] adds a reference to the Community Charter.

 
Health Emergency Act

SECTION 113: [Health Emergency Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Highway Act

SECTION 114: [Highway Act, repeals and replaces section 31 (1)] clarifies current authority in relation to arterial highways in municipalities.

SECTION 115: [Highway Act, amends section 36] updates a cross reference.

 
Highway Scenic Improvement Act

SECTION 116: [Highway Scenic Improvement Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Home Conversion and Leasehold Loan Act

SECTION 117: [Home Conversion and Leasehold Loan Act, amends section 1] adds references to the Community Charter.

 
Home Owner Grant Act

SECTION 118: [Home Owner Grant Act, amends section 1] updates cross references.

SECTION 119: [Home Owner Grant Act, repeals and replaces section 11] updates a cross reference.

SECTION 120: [Home Owner Grant Act, amends section 15] updates a cross reference.

SECTION 121: [Home Owner Grant Act, amends section 15.1 (1)] updates a cross reference.

SECTION 122: [Home Owner Grant Act, amends section 17 (5) (b)] updates a cross reference.

 
Homeowner Protection Act

SECTION 123: [Homeowner Protection Act, amends section 13 (2) (c)] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

 
Hospital District Act

SECTION 124: [Hospital District Act, re-enacts section 16]

SECTION 125: [Hospital District Act, repeals and replaces section 19 (3) (a)] updates a cross reference.

 
Hydro and Power Authority Privatization Act

SECTION 126: [Hydro and Power Authority Privatization Act, repeals and replaces section 10 (1)] removes a reference to a term that is not defined in the Local Government Act or Community Charter.

 
Indian Self Government Enabling Act

SECTION 127: [Indian Self Government Enabling Act, amends section 1] is consequential to the general definition of "municipality" proposed for the Interpretation Act.

SECTION 128: [Indian Self Government Enabling Act, repeals and replaces section 6 (2) (a)] removes references to the Local Government Act and replaces them with references to the Community Charter.

SECTION 129: [Indian Self Government Enabling Act, repeals and replaces section 20 (b)] replaces a reference to the Local Government Act with a reference to the Community Charter.

SECTION 130: [Indian Self Government Enabling Act, amends section 34 (b)] adds a reference to the Community Charter.

 
Interpretation Act

SECTION 131: [Interpretation Act, amends section 29]