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 58 -- 1993

MUNICIPAL AFFAIRS, RECREATION AND HOUSING
STATUTES 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:

 
Assessment Act

1 Section 26.1 of the Assessment Act, R.S.B.C. 1979, c.21, is amended

(a) in subsection (1) by repealing the definition of "industrial improvement" and substituting the following:

"industrial improvement" means an improvement that is part of a plant that is designed and built for the purpose of one or more of the following:

(a) mining, extracting, beneficiating or milling of metallic or non-metallic ore;

(b) mining, breaking, washing, grading or beneficiating of coal;

(c) producing of aluminum;

(d) smelting or refining of metal from ore or ore concentrate;

(e) producing, manufacturing, processing or refining of petroleum or natural gas;

(f) manufacturing of lumber or other sawmill and planing mill products;

(g) manufacturing of wood veneer, plywood, particle board, wafer board, hardboard and similar products;

(h) manufacturing of gypsum board;

(i) manufacturing of pulp, paper or linerboard;

(j) manufacturing of chemicals;

(k) manufacturing of chemical fertilizer;

(l) manufacturing of synthetic resins or the compounding of synthetic resins into moulding compounds;

(m) manufacturing of cement;

(n) manufacturing of insulation;

(o) manufacturing sheet glass or glass bottles;

(p) building, refitting or repairing ships;

(q) loading cargo onto sea going ships or barges, including associated cargo storage and loading facilities, notwithstanding that the plant cannot be operated as a going concern or is temporarily or permanently unprofitable, but does not include an improvement exempted under subsection (1.1). , and

(b) by adding the following subsection:

(1.1) The Lieutenant Governor in Council may exempt from the definition of "industrial improvement" improvements in a plant or class of plant that has less than a prescribed capacity and may prescribe different capacities for different types of plants.

 
Assessment Authority Act

2 Section 15.2 of the Assessment Authority Act, R.S.B.C. 1979, c. 22, is repealed and the following substituted:

Application of School Act exemptions

15.2 Sections 144 to 147 of the School Act apply for assessment and taxation purposes under section 15 (4) of this Act.

 
Greater Vancouver Sewerage and Drainage District Act

3 Section 7A of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by adding the following subsection:

(7) For the purposes of planning for, regulating, storing and managing solid waste and recyclable material under the Waste Management Act, the Corporation is deemed to be a regional district.

 
Islands Trust Act

4 Section 15 (6) of the Islands Trust Act, S.B.C. 1989, c. 68, is amended by striking out "section 259" and substituting "section 259 (1)".

5 Section 49 (j) is repealed and the following substituted:

(j) making further provisions of the Municipal Act apply under this Act in relation to one or more of the bodies of the trust referred to in section 4 (1).

 
Municipal Act

6 Section 259 of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed and the following substituted:

Employee and officer benefits and expenses

259 (1) Without limiting section 252, a council may enter into agreements for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies.

(2) A council may provide for one or more of the following payments:

(a) all or part of a premium for an agreement under subsection (1);

(b) all or part of the expenditures made or expenses incurred by an employee or officer when the employee or officer is

(i) representing the municipality,

(ii) engaging in municipal business, or

(iii) attending a meeting, course or convention;

(c) an allowance, daily or otherwise, for expenses incurred by an employee or officer when performing activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.

7 The following section is added:

Payment for other benefits and expenses relating to municipal activity

260.1 (1) A council may provide for one or more of the following payments:

(a) all or part of the expenditures made or expenses incurred by a person other than an employee, officer or council member when, with prior authorization from the council, the person

(i) represents the municipality,

(ii) engages in municipal business, or

(iii) attends a meeting, course or convention;

(b) all or part of a premium required by an agreement under subsection (2).

(2) The council may enter into agreements for accident insurance coverage while on municipal business for members of a civic commission, advisory planning commission, board of variance or other body established by the municipality.

8 The following section is added:

Council members' benefits

266.1 (1) Without limiting section 267, a council may enter into agreements for benefits for council members and their dependants, including medical and dental services and insurance policies.

(2) A council may provide all or part of a premium required by an agreement under subsection (1) for accident insurance coverage for council members while on municipal business.

(3) Other than a premium referred to in subsection (2), a council must not provide all or part of the premium required by an agreement under subsection (1).

9 Section 267 is repealed and the following substituted:

Council member remuneration and expenses

267 (1) A council may, by bylaw, provide for one or more of the following payments:

(a) remuneration to council members for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those duties other than expenses covered under paragraph (b) or (c);

(b) all or part of the expenditures made or expenses incurred by a council member when the council member is

(i) representing the municipality,

(ii) engaging in municipal business, or

(iii) attending a meeting, course or convention;

(c) an allowance, daily or otherwise, for expenses incurred by a council member when performing activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.

(2) A bylaw under subsection (1) (b) or (c) must specify

(a) the types of expenses and expenditures that may qualify for payment, and

(b) the levels at which payment may be made.

(3) A bylaw under subsection (1) may do one or more of the following:

(a) provide greater remuneration for mayor, deputy mayor and acting mayor than for other council members;

(b) limit the types of activities that may qualify for payment under subsection (1) (b) or (c);

(c) set different levels for different types of expenses and expenditures.

Reporting of remuneration and expenses

267.1 (1) At least once a year, the council must have prepared a report separately listing for each council member by name

(a) the total amount of remuneration paid to the council member under section 267 (1) (a), including any amount specified as an expense allowance, and

(b) the total amount of expense payments for the council member made under section 267 (1) (b) and (c).

(2) The report under subsection (1) must be considered by the council at least once a year at a council meeting that is open to the public and a copy of the report must be available for public inspection at the municipal hall during its regular office hours from the date when it is considered by the council until one year after that date.

(3) On payment of the applicable fee set under subsection (4), a person may obtain from the clerk copies or excerpts, as requested, of a report under subsection (1).

(4) A council may, by bylaw, set fees for the purposes of subsection (3).

10 Section 270 is repealed and the following substituted:

Special expenditures

270 A council may, by bylaw, expend money for one more of the following purposes:

(a) to help establish, develop, maintain and operate airports, seaplane harbours and aircraft landing areas in or out of the municipality;

(b) to inquire into railway or harbour improvements;

(c) to provide for receiving and entertaining distinguished guests;

(d) to honour persons who have, in the opinion of the council, brought honour to the municipality.

11 Section 330 (1) (d) is repealed and the following substituted:

(d) works required to be carried out pursuant to an order under section 22.1 of the Waste Management Act; or .

12 Section 399 (6.1) is repealed.

13 Section 401 (6) is repealed.

14 Section 662 (3) is amended by striking out "the assessor" and substituting "the collector or other person named by the council".

15 Section 701 is repealed and the following substituted:

Application of this Part

701 (1) Subject to subsections (2) and (3), this Part does not apply to a municipality with a population of 5 000 or less.

(2) Section 705 applies to a municipality with a population in excess of 2 500.

(3) Section 707.1 applies to all municipalities.

16 The following section is added to Part 20:

Victim assistance agreements

707.1 (1) A municipality may enter into an agreement with the government of British Columbia for the administration and provision of services to assist victims of crime.

(2) The services referred to in subsection (1) may be administered and provided by the municipality under the agreement

(a) both inside and outside the boundaries of the municipality, and

(b) directly or through another person or organization.

17 Section 771 (5) and (6) is repealed and the following substituted:

(5) Sections 257 to 260 apply to officers and employees of the board.

18 The following section is added:

Director benefits

779.1 (1) Without limiting section 780, a board may enter into agreements for benefits for all or some of its directors and their dependants, including medical and dental services and insurance policies.

(2) A board may provide all or part of a premium required by an agreement under subsection (1) for accident insurance coverage for directors while on regional district business.

(3) Other than a premium referred to in subsection (2), a board must not provide all or part of the premium required by an agreement under subsection (1).

19 Section 780 is repealed and the following substituted:

Remuneration and expenses of directors and committee members

780 (1) For the purposes of remuneration, expenses and benefits under this Part, "director" includes an alternate director, a chairperson and a vice chairperson.

(2) A board may, by bylaw, provide for one or more of the following payments:

(a) remuneration to directors for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those other than expenses covered under paragraph (c) or (d);

(b) remuneration to members of committees of the board for each regularly constituted committee meeting attended;

(c) all or part of the expenditures made or expenses incurred by a director or committee member when the director or committee member is

(i) representing the regional district,

(ii) engaging in regional district business,

(iii) attending a meeting, course or convention, or

(iv) attending a meeting of the board or of any committee of which that person is a member;

(d) an allowance, daily or otherwise, for specified expenses incurred by a director when performing activities referred to in paragraph (c) (i) to (iv), if those expenses are not covered under that paragraph.

(3) A bylaw under subsection (2) (c) or (d) must specify

(a) the types of expenses and expenditures that may qualify for payment, and

(b) the levels at which payment may be made.

(4) A bylaw under subsection (2) may do one or more of the following:

(a) provide different remuneration for different directors and different classes of directors;

(b) limit the number of committee meetings for which remuneration may be paid to a committee member;

(c) limit the types of activities that may qualify for payment under subsection (2) (c) or (d);

(d) set different levels for different types of expenses and expenditures.

Reporting of remuneration and expenses

780.1 (1) At least once a year, a board must have prepared a report separately listing the following for each director and committee member by name:

(a) the total amount of remuneration paid to the person under section 780 (2) (a), including any amount specified as an expense allowance;

(b) the total amount of remuneration under section 780 (2) (b) paid to the person as a committee member;

(c) the total amount of expense payments for the person made under section 780 (2) (c) and (d).

(2) The report under subsection (1) must be considered by the board at least once a year at a board meeting that is open to the public and a copy of the report must be available for public inspection at the regional district offices during their regular office hours from the date of its consideration by the board until one year after that date.

(3) On payment of the applicable fee set under subsection (4), a person may obtain from the secretary copies or excerpts, as requested, of a report under subsection (1).

(4) A board may, by bylaw, set fees for the purposes of subsection (3).

20 Section 786 (1) (f) is amended by striking out "section 788 (1) (a) or (b)" and substituting "section 788 (1) (a), (b) or (c.1)".

21 Section 788 is amended

(a) in subsection (1) by adding the following paragraph:

(c.1) the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters; ,

(b) in subsection (1) by repealing paragraph (j) and substituting the following:

(j) transit, including transit for persons with special needs;

(k) cemeteries under the Cemetery and Funeral Services Act;

(l) airports;

(m) contribution to the costs of a service referred to in paragraphs (a) to (l) that is provided within the service area by another person or association;

(n) the provision of capital financing for services provided by a telephone, natural gas or electric power utility. ,

(c) by adding the following subsections:

(4.1) Where the board adopts a bylaw under subsection (1) (c.1), the board has and shall exercise its authority in accordance with the Waste Management Act and regulations under that Act.

(4.2) Where a board establishes services under subsection (1) (c) and (c.1) in the same service area, the services are deemed to be a single service for the purposes of this Part. , and

(d) by adding the following subsections:

(10) Where the board adopts a bylaw under subsection (1) (k), the board may exercise the same powers with the same limitations as a municipal council under the Cemetery and Funeral Services Act.

(11) Where the board adopts a bylaw under subsection (1) (l), section 928 applies.

22 Section 789 is amended

(a) in subsection (1) by adding the following paragraphs:

(f.1) one or more emergency telephone systems;

(f.2) the promotion of economic development; , and

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

(a) in relation to animal control, sections 524, 525, 932 (s) and 933 (1) (d), (2) and (4); .

23 Section 790 is amended

(a) by repealing subsection (2) (a), and

(b) by adding the following subsection:

(6) As a matter of transition, if a power granted under this section is a power to provide a service described in section 788 (1) (c.1), (j), (k), (l) or (n) or in section 789 (1) (f.1) or (f.2), for the purposes of amending the establishing bylaw for the service, the service is deemed to be a local or extended service in accordance with the applicable section rather than in accordance with the regulation that authorized the service.

24 Section 810 (3) is repealed and the following substituted:

(3) Section 636 (2) applies to fees or other charges under section 788 (1) (a) to (c.1) that remain unpaid as of December 31 in any year.

25 Section 810.1 (6) is repealed and the following substituted:

(6) Section 636 (2) applies to fees or other charges under section 788 (1) (a) to (c.1) that remain unpaid as of December 31 in any year.

26 Section 816.1 is repealed and the following substituted:

Provision of services to other governments

816.1 (1) A regional district may, by bylaw, enter into an agreement to provide services as follows:

(a) with a municipality to provide to the municipality a service that is a work or service within the powers of the municipality;

(b) with another regional district to provide to that regional district a service that is a work or service within the powers of the other regional district;

(c) with the government of British Columbia to provide within that regional district a service that is a work or service within the powers of that government;

(d) with the government of Canada to provide within that regional district a service that is a work or service within the powers of that government.

(2) An agreement under subsection (1) must provide that the entire cost of providing the service under the agreement is a debt owed to the regional district by the municipality, other regional district or government to which or for which the service is provided.

(3) In relation to an agreement under subsection (1) between a regional district and the government of the Province or Canada, the service may be provided within the boundaries of another regional district if that other regional district approves of this.

27 Section 897 (2) is amended by striking out "subsection (1) (a)," and substituting "subsection (1),".

28 Section 944 (3) is repealed and the following substituted:

(3) An official community plan applies to the area outside of a municipality that is designated in the plan as being covered by the plan.

29 Section 945 (4) (d) is repealed and the following substituted:

(d) revitalization of an area in which a commercial use is permitted, or .

30 Section 946 is repealed.

31 Section 948 is repealed and the following substituted:

Adoption procedures (regional districts)

948 (1) Section 947 applies to the adoption of a community plan in a regional district with the following modifications:

(a) if the plan affects an area of an adjoining municipality or regional district, the board shall refer the plan to the council or board of that municipality or regional district for comment;

(b) subject to subsection (2), after third reading of the bylaw adopting the plan, the board shall submit to the minister

(i) the results of its examination under section 947 (2) (a), and

(ii) any comments received after it referred the plan under paragraph (a);

(c) subject to subsection (2), until the minister has approved the plan, the board shall not give final reading to the bylaw adopting it and the plan has no effect;

(d) section 781 applies respecting the entitlement of members of the board who may vote on all readings of the bylaw.

(2) The minister may make regulations

(a) defining areas for which and describing circumstances in which subsection (1) (b) and (c) does not apply, and

(b) providing that an exception under paragraph (a) is to be subject to the terms and conditions specified by the minister.

(3) Regulations under subsection (2) may be different for different regional districts, different areas and different circumstances.

32 Section 950 is repealed and the following substituted:

Rural land use bylaws

950 (1) A board may adopt one or more rural land use bylaws for one or more areas.

(2) A rural land use bylaw applies to the area outside of a municipality that is designated in the plan as being covered by the bylaw.

33 Section 951 (4) to (6) is repealed.

34 Section 960 is repealed.

35 Section 973 is repealed and the following substituted:

Approval of regional district bylaws by minister

973 (1) Subject to subsections (3) and (4), once a board has given third reading to a rural land use bylaw, a zoning bylaw or a subdivision servicing bylaw, the board shall forward it to the minister for approval.

(2) A bylaw required to be forwarded under subsection (1) has no effect if it is adopted without the approval of the minister.

(3) Subsection (1) does not apply to a zoning bylaw or a subdivision servicing bylaw that

(a) applies only to an area that is subject to an official community plan, and

(b) is consistent with the official community plan.

(4) The minister may make regulations

(a) defining areas for which and describing circumstances in which subsections (1) and (2) do not apply, and

(b) providing that an exception under paragraph (a) is to be subject to the terms and conditions specified by the minister.

(5) Regulations under subsection (4) may be different for different regional districts, different areas and different circumstances.

36 Section 975 (5) is repealed and the following substituted:

(5) Section 957 (3), (3.1), (3.2) and (4) applies to the notice.

37 Section 976 (1) is repealed and the following substituted:

(1) If an official community plan designates areas under section 945 (4), the following prohibitions apply unless an exemption under section 945 (4.1) applies or the owner first obtains a development permit under this section:

(a) land within the area must not be subdivided;

(b) construction of, addition to or alteration of a building or structure must not be commenced;

(c) a building or structure on a Provincial or designated municipal heritage site must not be altered;

(d) land within an area designated under section 945 (4) (a), (b) or (c) must not be altered;

(e) land within an area designated under section 945 (4) (d), or a building or structure on that land, must not be altered.

38 Section 977 (3) is repealed and the following substituted:

(3) A local government may designate an area as an intensive agricultural control area if the area is

(a) located in a reserve established under the Agricultural Land Commission Act, or

(b) zoned for agricultural use.

39 Section 985 (3) (a) and (b) is repealed and the following substituted:

(a) pay the capital costs of providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking, that relate directly or indirectly to the development in respect of which the charge was collected,

(a.1) pay the capital costs of acquiring parkland, or reclaiming land as parkland, that relate directly or indirectly to the development in respect of which the charge was collected, or

(b) pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a) or (a.1) .

40 Section 986 (1) and (2) is repealed and the following substituted:

(1) If a development cost charge bylaw provides for a charge to acquire or reclaim parkland, the charge may be paid in whole or in part by providing land in accordance with subsection (1.1).

(1.1) Land to be provided for the purposes of subsection (1) must

(a) have a location and character acceptable to the local government, and

(b) on the day the charge is payable, have a market value that is at least equal to the amount of the charge.

(2) If the owner and the local government are not able to agree on the market value for the purposes of subsection (1.1) (b), the market value must be determined in accordance with the regulations under section 992 (7).

 
Municipal Amendment Act, 1992

41 Section 453 (1.1) of the Municipal Act, as enacted by section 40 of the Municipal Amendment Act, 1992, S.B.C. 1992, c. 18, is amended by striking out "By June 1 in the year following the year in which" and substituting "Within 5 months from the date when".

42 Section 505 (3) of the Municipal Act, as re-enacted by section 50 of the Municipal Amendment Act, 1992, S.B.C. 1992, c. 18, is repealed.

 
Municipalities Enabling and Validating Act (No. 2)

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

Validation of existing victim assistance agreements

24 (1) All agreements that have been entered into between the government and a municipality, under which the municipality on behalf of the government provides a program of victim assistance services, both within and without the boundaries of the municipality, are confirmed and validated effective the date on which they were entered into.

(2) All resolutions and bylaws in relation to an agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, to the extent they would have been valid had subsection (1) been in force on the date they were adopted.

(3) A municipality is conclusively deemed to have had the authority to enter into an agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and continue to have the authority to carry out the agreement in accordance with its terms.

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

 
Resort Municipality of Whistler Act

44 Section 14 of the Resort Municipality of Whistler Act, S.B.C. 1975, c.67, is amended in the definition of "resort land" by striking out "section 17 (2)" and substituting "section 17 (3)".

 
Vancouver Charter

45 Section 195 of the Vancouver Charter, S.B.C. 1953, c.55, is amended

(a) in subsections (1) and (2) by striking out "shall have power to" and substituting "may", and

(b) by adding the following subsections:

(3) Without limiting the authority of the city to otherwise determine terms of employment for employees and officers, the Council may enter into agreements for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies, and may provide all or part of a premium required by such an agreement.

(4) Without limiting section 196, the Council may enter into agreements for benefits for Council members and their dependants, including medical and dental services and insurance policies.

(5) Council may provide all or part of a premium required by an agreement under subsection (4) for accident insurance coverage for Council members on city business.

(6) Other than a premium referred to in subsection (5), the Council must not provide all or part of the premium required by an agreement under subsection (4).

46 The following section is added:

Employee and officer expenses

195A Without limiting the authority of the city to otherwise determine terms of employment, the Council may provide for one or more of the following payments:

(a) all or part of the expenditures made or expenses incurred by an officer or employee when the officer or employee is

(i) representing the city,

(ii) engaging in city business, or

(ii) attending a meeting, course or convention;

(b) an allowance, daily or otherwise, for expenses incurred by an employee or officer when performing activities referred to in paragraph (a) (i) to (iii), if those expenses are not covered under that paragraph.

47 Section 196 is repealed and the following substituted:

Council members' remuneration and expenses

196 (1) The Council may, by by-law, provide for one or more of the following payments:

(a) remuneration to Council members for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those duties other than expenses covered under paragraph (b) or (c);

(b) all or part of the expenditures made or expenses incurred by a Council member when the Council member is

(i) representing the city,

(ii) engaging in city business, or

(iii) attending a meeting, course or convention;

(c) an allowance, daily or otherwise, for expenses incurred by a Council member when performing the activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.

(2) A by-law under subsection (1) (b) or (c) must specify

(a) the types of expenses and expenditures that may qualify for payment, and

(b) the levels at which payment may be made.

(3) A by-law under subsection (1) may do one or more of the following:

(a) provide greater remuneration for the Mayor, Deputy Mayor and Acting Mayor than for other Council members;

(b) limit the types of activities that may qualify for payment under subsection (1) (b) or (c);

(c) set different levels for different types of expenses and expenditures.

Reporting of remuneration and expenses

196A (1) At least once a year, the Council must have prepared a report separately listing for each Council member by name

(a) the total amount of remuneration paid to the Council member under section 196 (1) (a), including any amount specified as an expense allowance, and

(b) the total amount of expense payments for the Council member made under section 196 (1) (b) and (c).

(2) The report under subsection (1) must be considered by the Council at least once a year at a Council meeting that is open to the public and a copy of the report must be available for public inspection at the City Hall during its regular office hours from the date when it is considered by the Council until one year after that date.

(3) On payment of the applicable fee set under subsection (4), a person may obtain from the City Clerk copies or excerpts, as requested, of a report under subsection (1).

(4) The Council may, by by-law, set fees for the purpose of subsection (3).

48 Section 204 (d) and (e) is repealed.

49 Section 207 (2) is amended by striking out ", and may provide, in addition to any remuneration receivable by the Deputy Mayor in his capacity as Councillor, for such further remuneration as the Council shall determine".

50 Section 396 (1) (f) is amended by striking out "Assessment Equalization Act:" and substituting "Assessment Act:".

51 Section 489B is repealed and the following substituted:

Remuneration for Board members

489B (1) The Council may, by by-law, provide for remuneration to each member of the Board for discharge of the duties of office.

(2) A by-law under subsection (1) may

(a) provide greater remuneration for the Chair than for other members of the Board, and

(b) provide for a specified portion of the remuneration to be an allowance for expenses incidental to the discharge of duties of office.

52 Section 573 (1) (f) is repealed and the following substituted:

(f) by any person who, by reason of the application of Division (4.1) of Part 28 of the Municipal Act to the City, is

(i) unable to obtain a permit authorizing tree cutting or removal, or

(ii) unable to comply with the requirements of a bylaw or permit under that Division.


Consequential Amendments

 
British Columbia Transit Act

53 Section 18 (3.3) and (3.4) of the British Columbia Transit Act, R.S.B.C. 1979, c. 421, is amended by striking out "alderman" wherever it appears and substituting "councillor".

 
Financial Disclosure Act

54 Section 1 of the Financial Disclosure Act, R.S.B.C. 1979, c. 130, is amended in the definition of "municipal official" by striking out "a person who is a mayor, alderman or member of the council of a municipality or of a regional district," and substituting "a person who is a member of the council of a municipality or the board of a regional district,".

 
Police Act

55 Section 24 (1) of the Police Act, S.B.C. 1988, c. 53, is amended by striking out "an alderman on council" wherever it appears and substituting "a councillor".

 
Utilities Commission Act

56 Section 124 (1) (f) of the Utilities Commission Act, S.B.C. 1980, c. 60, is amended by striking out "alderman" and substituting "councillor".

 
Explanatory Notes

 
Assessment Act

SECTION 1: clarifies that a plant can be classified as an industrial improvement even if it cannot be operated as a going concern or it is unprofitable.

 
Assessment Authority Act

SECTION 2: corrects a reference to the repealed Education (Interim) Finance Act

 
Greater Vancouver Sewerage and Drainage District Act

SECTION 3: allows the corporation that operates the Greater Vancouver Sewerage and Drainage District to exercise authority equivalent to a regional district regarding solid waste and recyclable materials.

 
Islands Trust Act

SECTION 4: updates the cross reference as a consequence of the amendment to section 259 of the Municipal Act.

SECTION 5: clarifies that this regulation power may be used to apply provisions of the Municipal Act, as appropriate, separately to local trust committees, the trust council or the trust fund board of the Islands Trust.

 
Municipal Act

SECTION 6:

SECTION 7:

SECTION 8: authorizes municipal councils to provide for insurance, medical and other benefits to council members and their dependants, but to pay only for accident insurance for council members while on municipal business.

SECTION 9: by the proposed section 267 of the Municipal Act, authorizes municipal councils to

by the proposed section 267.1 of the Municipal Act, adds a new provision requiring municipal councils to consider at an open meeting an annual report of council members' remuneration and expenses.

SECTION 10: removes references to expenditures for expenses that would be covered by the proposed sections 259, 260.1 and 267.

SECTION 11: corrects a cross reference to correspond with amendments to the Waste Management Act made in 1992.

SECTION 12: repeals an obsolete cross reference.

SECTION 13: repeals an obsolete cross reference.

SECTION 14: corrects an outdated reference to a municipal assessor.

SECTION 15: allows the new section 707.1 to apply to all municipalities.

SECTION 16: authorizes municipalities to enter into victim assistance agreements under which they provide services outside their boundaries.

SECTION 17: extends the proposed section 259 regarding employee and officer benefits and expenses to employees and officers of a regional district board.

SECTION 18: authorizes a regional district board to provide for insurance, medical and other benefits to directors and their dependants, but to pay only for accident insurance for directors while on regional district business.

SECTION 19: by the proposed section 780 of the Municipal Act, authorizes a regional district board to

by the proposed section 780.1 of the Municipal Act, adds a new provision requiring a regional district board to consider at an open meeting an annual report of the remuneration and benefits paid to directors and committee members.

SECTION 20: adds the reference to the new section 788 (1) (c.1) for the purpose of allowing regional district employees to enter onto private property in relation to the regulation of waste.

SECTION 21: gives regional districts the authority to provide the local services described in the new section 788 (1) (c.1), (j), (k), (l) and (n).

SECTION 22:

SECTION 23:

SECTION 24: adds a reference to the new section 788 (1) (c.1) to permit overdue charges under that authority to be collected by municipalities in the same manner as taxes.

SECTION 25: adds a reference to the new section 788 (1) (c.1) to permit overdue charges under that authority to be collected under the Taxation (Rural Area) Act in the same manner as taxes.

SECTION 26: adds the authority for regional districts to enter into the described agreements with the Government of British Columbia or the Government of Canada.

SECTION 27: corrects a cross reference.

SECTION 28: removes the authority of the minister to limit areas to which the official community plan of a regional district can apply.

SECTION 29: removes the requirement that the minister designate areas that can be made revitalization areas under an official community plan.

SECTION 30: removes the minister's authority to order a referendum regarding the official community plan of a regional district.

SECTION 31: allows the minister to make regulations excepting regional districts from the requirement of ministerial approval of their official community plans.

SECTION 32: removes the authority of the minister to limit areas where rural land use bylaws can apply.

SECTION 33: removes the authority of the minister to override the decision of a regional district board regarding a petition under section 951 to alter the application of an official community plan.

SECTION 34: eliminates an appeal to the minister from the refusal of a Board of Variance to alter the application of a bylaw that has the effect of permitting no use of land.

SECTION 35: allows the minister to make regulations excepting regional districts from the requirement of ministerial approval of their rural land use bylaws, zoning bylaws and subdivision servicing bylaws.

SECTION 36: adds cross references to allow commercial or industrial permit notices to identify the property by a sketch, and to clarify the obligation to make reasonable efforts to give notice to affected property owners.

SECTION 37: by section 976 (1) (d), adds a requirement that a development permit be obtained for development of land within areas designated by an official community plan for the protection of the environment.

SECTION 38: removes the authority for the minister to exercise the power under this section and removes the requirement for ministerial approval before the power is exercised by a local government.

SECTION 39: allows development cost charges to be used to reclaim land as parkland.

SECTION 40: allows local governments to accept land as parkland, rather than receiving development cost charges for park acquisition or reclamation.

 
Municipal Amendment Act, 1992

SECTION 41: corrects an inadvertent uncertainty in the time reference regarding notice of tax sales.

SECTION 42: repeals a provision that is no longer needed.

 
Municipalities Enabling and Validating Act (No. 2)

SECTION 43: validates the described agreements that are authorized in the future by the new section 707.1 of the Municipal Act.

 
Resort Municipality of Whistler Act

SECTION 44: changes an incorrect cross reference.

 
Vancouver Charter

SECTION 45: authorizes the Council of the City of Vancouver to provide for insurance, medical and other benefits to employees, officers, Council members and their dependants but, for Council members, limits the Council's authority to pay for such benefits to accident insurance for Council members while on City business.

SECTION 46: authorizes the Council to reimburse, pay or provide an allowance for expenses and expenditures of employees and officers performing activities covered by the section.

SECTION 47: by the proposed section 196 of the Vancouver Charter, authorizes the Council to

by the proposed section 196A of the Vancouver Charter, adds a new provision requiring Council to consider at an open meeting an annual report of Council members' remuneration and expenses.

SECTION 48: removes references to payments regarding expenses covered by the proposed sections 195A and 196 of the Vancouver Charter.

SECTION 49: removes a reference to differential remuneration covered by the proposed section 196 of the Vancouver Charter.

SECTION 50: replaces an obsolete reference.

SECTION 51: removes the limitation that remuneration for Parks Board members be annual and authorizes greater remuneration for the Chair than for other members of the Parks Board.

SECTION 52: clarifies the authority of the Vancouver Board of Variance regarding bylaws and permits under the new Protection of Trees Division in the Municipal Act.

 
British Columbia Transit Act

SECTION 53: is consequential to the recent change in title for municipal councillors.

 
Financial Disclosure Act

SECTION 54: is consequential to the recent change in title for municipal councillors.

 
Police Act

SECTION 55: is consequential to the recent change in title for municipal councillors.

 
Utilities Commission Act

SECTION 56: is consequential to the recent change in title for municipal councillors.


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