1993 Legislative Session: 2nd Session, 35th Parliament

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


BILL 59 -- 1993


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

1 Sections 207 (2) and 209 of the Vancouver Charter, S.B.C. 1953, c. 55, are amended by striking out "an Councillor" and substituting "a Councillor".

2 Section 230 is amended by adding "or certified general accountants" after "chartered accountants" wherever it appears.

3 Section 242 (2) is amended by adding the following:

(d.1) A mortgage or other obligation for the purposes of section 190 (1) (a) in order to secure an amount owing under an agreement to acquire real or personal property, if the mortgage or other obligation is for a period of 10 years or less.

4 Section 247 is repealed and the following substituted:

Issue of debentures to repurchase
or redeem earlier debentures

247 The Council may provide for the issue of new debentures in order to repurchase, call in or redeem any debentures or stock previously issued by the city, subject to the requirements that the new debentures

(a) must be issued before the date of maturity of the debentures or stock to be repurchased, called in or redeemed, and

(b) must mature not later than 10 years after the date of maturity of the debentures or stock to be repurchased, called in or redeemed.

5 Section 279A is amended

(a) in subsection (1) by adding ", or places licensed under the Liquor Control and Licensing Act" at the end, and

(b) in subsection (7) by striking out "Dominion Day;" and substituting "Canada Day;".

6 Section 291 (h) and (i) is repealed and the following substituted:

Snow and ice removal from roofs

(h) for requiring the owner or occupier of any real property to remove snow and ice from the roof or any other part of a building or structure on the property;

Snow and ice removal from sidewalks

(i) for requiring the owner or occupier of real property designated by by-law to remove snow and ice from the sidewalk adjacent to the property;

(i.1) if an owner or occupier fails to perform the removal required under paragraph (i),

(i) for removal of the snow and ice by another person at the expense of the owner or occupier, and

(ii) for recovering the expense of removal from the owner or occupier; .

7 Section 291A is amended

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

(2) Except as provided in subsection (2.1), if the Council decides to dispose of a street that

(a) was originally acquired by the city without payment, and

(b) has been stopped up, altered or diverted, whether opened, maintained or improved by the city or not, the disposal price must be established by the Council and the owner of the abutting real property has the right to purchase the street at that price for a period of time set by the Council.

(2.1) Subsection (2) does not apply if the owner of the abutting real property has given the city a waiver of that owner's right to purchase. , and

(b) by repealing subsection (6) and substituting the following:

(6) If an owner of an abutting real property acquires a portion of a street under this section or otherwise, the Council may direct that the owner, as a condition of the disposal, consolidate the portion acquired with the abutting real property.

8 Section 292 (1) (b) to (d) is repealed and the following substituted:

(b) requiring that a proposed subdivision

(i) be suited to the configuration of the land being subdivided;

(ii) be suited to the use for which it is intended; and

(iii) must not make impracticable the future subdivision of the land within the proposed subdivision or of any adjacent land;

(c) requiring that the streets within the subdivision be cleared, graded, drained and surfaced to the prescribed standard;

(d) establishing minimum standards with respect to the matters referred to in paragraphs (a) to (c);

(d.1) providing exceptions to the minimum standards under paragraph (d), or establishing different minimum standards with respect to matters referred to in paragraphs (a) to (c), for land that is occupied by a building or structure which has heritage significance; .

9 Section 300 (b) is repealed and the following substituted:

Water system

(b) for the construction, installation, maintenance, repair and regulation of a system of pumping stations, water-mains and other water-pipes, including valves, fittings, hydrants, meters and other necessary appliances and equipment, for either or both of the following purposes:

(i) distributing and supplying potable water;

(ii) distributing and supplying salt water for fire fighting and other purposes;

(b.1) for acquiring real property and easements for the purposes of clause (b); .

10 Section 306 is amended by adding the following:

Where owner unavailable

(dd) for providing that,

(i) if an owner is unavailable, the authorized agent of the owner who is responsible for managing the building is required to comply with the building by-laws as if that agent were the owner, and

(ii) for the purposes of (i), an owner is unavailable if, after making reasonable efforts, the city is unsuccessful in contacting the owner regarding the matter.

11 Section 317 (cc) (iv) is repealed and the following substituted:

(iv) providing that, for the purposes of this section, a vehicle shall be deemed to be a vehicle unlawfully left on a street if the vehicle has

(A) an automobile security system that is operating in contravention of a by-law, or

(B) a horn that is audibly sounding for a period of more than 10 minutes, and .

12 Section 396 (1) (c) (iii) is amended by striking out "Minister of Municipal Affairs and Housing" and substituting "Minister of Health".

13 Part XXIV is amended by adding the following section:

Council may assume levies

523C.1 The Council may, by by-law, provide for the city to assume any levies imposed under this Part on the owner of real property if a project has been replaced, removed or destroyed.

Explanatory Notes

SECTION 1: corrects grammatical errors created by previous amendments.

SECTION 2: permits the city to appoint certified general accountants as city auditors.

SECTION 3: permits the city to contract a debt to finance property acquisition without the assent of electors if the mortgage or obligation is for a term of 10 years or less.

SECTION 4: extends the ability to refinance city debt by removing the previous 2 year limit and permitting the purchase of replacement debentures or stock with a term of up to 10 years.


SECTION 6: makes occupiers as well as owners responsible for clearing snow and ice.

SECTION 7: permits a property owner to waive the right to purchase an abutting street and permits the city to direct consolidation of the street with the abutting property as a condition of disposal.

SECTION 8: adds the effect of the proposed section 292 (1) (d.1) of the Act to provide the city with flexibility in regulating the subdivision of property where issues of heritage significance arise.

SECTION 9: adds salt water pumping stations to the existing water system provision.

SECTION 10: extends the city's ability to ensure compliance by making the manager of a property responsible for conforming with by-laws if the owner is unavailable.

SECTION 11: permits the city to tow and impound a vehicle left on a public street with its horn sounding for an extended period of time.

SECTION 12: corrects the reference to the minister who has authority to designate land held as a future hospital site.

SECTION 13: permits the city to assume local improvement levies if an improvement is replaced, removed or destroyed.

[ Return to: Legislative Assembly Home Page ]

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada