1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


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


HONOURABLE ROBIN BLENCOE
MINISTER OF MUNICIPAL AFFAIRS,
RECREATION AND HOUSING

BILL 43 - 1993

MUNICIPALITIES ENABLING AND VALIDATING
(No. 2) AMENDMENT ACT (No. 2), 1993

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

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

Regional District and Islands Trust bylaws validation

20 (1) This section applies to all current or former described plans and bylaws of a regional district, a local trust committee under the Islands Trust Act or the executive committee acting as a local trust committee under that Act.

(2) An official community plan, rural land use bylaw or zoning bylaw that is or was invalid by reason of a failure to comply with either or both of

(a) the requirements and limitations of the Municipal Act regarding the delegation of the holding of a public hearing on the bylaw, and

(b) the requirements of the Municipal Act regarding the contents of the notice of the public hearing on the bylaw,

is conclusively deemed to have been validly in force, from the date it would have been in force had the requirements and limitations been complied with, to the extent that it would have been validly in force had these requirements and limitations been complied with.

(3) A zoning bylaw or subdivision servicing bylaw that

(a) at the time of adoption applied only to an area subject to an official settlement plan referred to in section 997 of the Municipal Act,

(b) was consistent with the official settlement plan, and

(c) was not approved by the minister as required by section 973 of the Municipal Act

is conclusively deemed to have been validly in force, from the date it would have been in force had the approval of the minister not been required, to the extent that it would have been validly in force had the requirement to obtain approval been complied with.

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

2 The following section is added:

Cominco economic plan under the Job Protection Act

21 (1) Despite any other enactment, an economic plan under the Job Protection Act may authorize the City of Trail and the Regional District of Kootenay Boundary, as public bodies for the purposes of that Act, to enter into an agreement under the economic plan that imposts payable by Cominco Ltd. to the municipality or the regional district are, for a period of not more than 10 years, to be paid at a rate, or in an amount, or at a time or times, or in a manner different from that required or authorized under an Act listed in the Schedule to the Job Protection Act.

(2) For certainty, if the requirements of section 9 of the Job Protection Act are met for an economic plan under subsection (1), the economic plan is a plan in force and effect under that section for the purposes of that Act, and section 20 (2) of that Act applies.

3 The following section is added:

Regional District of Kootenay Boundary
variable tax rate plans

22 (1) Despite any other enactment, if an economic plan referred to in section 21 is in force, the Regional District of Kootenay Boundary may, by bylaw, establish an annual variable tax rate plan under which different tax rates will be determined and imposed for a tax year in accordance with the economic plan for each class of property within the regional district with the plan to be implemented by the apportionment of requisitions under section 808 of the Municipal Act.

(2) A variable tax rate plan under subsection (1) must set out

(a) the relationships between tax rates for each class of property, and

(b) the basis of apportionment of the costs of providing each service that will be paid for by amounts requisitioned under section 809 or 809.1 of the Municipal Act in accordance with the plan.

(3) Despite any other enactment, whether or not an economic plan referred to in section 21 is in force, the variable tax rate plan for the 1993 year approved by resolution of the board of the Regional District of Kootenay Boundary on February 25, 1993, providing for different tax rates for different classes of property within the regional district, is confirmed and validated effective March 29, 1993.

(4) A tax that would have been validly imposed under the plan referred to in subsection (3) had that subsection been in force at the time that tax was imposed is conclusively deemed to have been validly imposed as though the plan had been in effect at that time, despite any order of any court to the contrary made before or after the coming into force of this section.

(5) All tax rates imposed under a variable tax rate plan under subsection (1) or (3) must be imposed in accordance with the relationships between tax rates for each class of property as set out in the plan.

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

4 The following section is added:

District of Vanderhoof: Vanderhoof Airport transfer

23 Despite section 535 of the Municipal Act, the District of Vanderhoof may enter into an agreement with the Government of Canada that provides for the ownership of the Vanderhoof Airport to be transferred from the Government of Canada to the municipality and that includes an option for the Government of Canada to repurchase the transferred property from the municipality.

Commencement

5 Section 2 comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: validates the described bylaws

SECTION 2: allows an economic plan under the Job Protection Act in relation to Cominco Ltd.

SECTION 3:

SECTION 4: enables the municipality of Vanderhoof to enter into the described agreement despite section 535 of the Municipal Act which prohibits it from granting options to purchase real property owned by the municipality.


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