1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


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


HONOURABLE JENNY KWAN
MINISTER OF MUNICIPAL AFFAIRS

BILL 31 -- 1998

LOCAL GOVERNMENT STATUTES
AMENDMENT ACT, 1998

Preamble

WHEREAS the Province of British Columbia and the Union of British Columbia Municipalities entered into the Protocol of Recognition on September 18, 1996 that

(a) recognized local government as an independent, responsible and accountable order of government,

(b) established principles to form the basis of the relationship between the Provincial and local orders of government, and

(c) provided for the formulation of individual sub-agreements;

AND WHEREAS the Province of British Columbia and the Union of British Columbia Municipalities entered into the Sub-Agreement on a New Legislative Foundation for Local Government on October 3, 1997 that establishes the intent of the Province to build a new legislative foundation for local government and the 9 principles for developing and maintaining that legislative foundation;

AND WHEREAS the provisions in this Bill are a significant phase in the reform process intended to establish this new legislative foundation;

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

1 Part 1 of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

Part 1 -- Purposes and Principles

Purposes of this Act

1 Recognizing that local government is an independent, responsible and accountable order of government within its jurisdiction, the purposes of this Act are

(a) to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities,

(b) to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and

(c) to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities.

Purposes of local governments

2 The purposes of a local government include

(a) providing good government for its community,

(b) providing the works, services, facilities and other things that the local government considers are necessary or desirable for all or part of its community,

(c) providing stewardship of the public assets of its community, and

(d) fostering the current and future economic, social and environmental well-being of its community.

Broad powers

3 The powers conferred on local governments by this Act are to be interpreted broadly in accordance with the purposes of this Act and the purposes of local government, subject to the specific limitations and conditions established by or under this Act.

Principles for relationship between local governments and the Provincial government

4 The relationship between local governments and the Provincial government in relation to this Act is based on the following principles:

(a) cooperative relations between the Provincial government and local governments are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia;

(b) local governments need the powers that allow them to draw on the resources required to fulfill their responsibilities;

(c) notice and consultation is needed for Provincial government actions that directly affect local government interests;

(d) the Provincial government recognizes that different local governments and their communities have different needs and circumstances and so may require different approaches;

(e) the independence of local government is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally.

Part 1.1 -- Definitions and Interpretation

Definitions

5 In this Act:

"approving officer" means an approving officer as defined in the Land Title Act;

"assessed value" means assessed value determined under the Assessment Act;

"assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act;

"assessor" means an assessor appointed under the Assessment Authority Act;

"board", in relation to a regional district, means the board of directors for the regional district;

"building inspector" means a person to whom a local government has assigned the responsibility for administering bylaws enacted under section 694 (1) (a) [building regulation bylaws];

"business licence" means a licence under Division 1 of Part 20;

"charge", in relation to an estate or interest in land, means a charge under the Land Title Act;

"city" does not include the City of Vancouver;

"collector" means the collector of taxes appointed under section 365 for a municipality;

"conservation" includes any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;

"council" means the council of a municipality;

"counter petition" means a petition against a proposed bylaw, action or other matter of a local government;

"counter petition opportunity" means an opportunity for electors to petition against a proposed bylaw, action or other matter of a local government in accordance with section 242 or 809, as applicable;

"designated local government officer" means the designated municipal officer or designated regional district officer, as applicable;

"designated municipal officer" means

(a) the municipal officer assigned responsibility under section 196 [officer positions] in relation to the matter, or

(b) if no assignment referred to in paragraph (a) has been made, the municipal officer assigned responsibility under section 198 [corporate administration];

"designated regional district officer" means

(a) the regional district officer assigned responsibility under section 196 [officer positions] in relation to the matter, or

(b) if no assignment referred to in paragraph (a) has been made, the regional district officer assigned responsibility under section 198 [corporate administration];

"director", in relation to a regional district, means a member of the board of the regional district, whether as a municipal director under section 784 or as an electoral area director under section 785;

"district" means a township or district municipality;

"elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area;

"electoral area" means an electoral area in a regional district as specified by the letters patent for the regional district;

"farm land" means land classified as farm land by the assessor;

"first nation" means an aboriginal governing body, however organized and established by aboriginal people in their traditional territory in British Columbia;

"francophone education authority" means a francophone education authority as defined in the School Act;

"general local election" means the elections referred to in section 36 (1) [elections for council members and electoral area directors];

"greater board" means the corporate body, incorporated by an Act, with responsibility for the provision of water or sewage and drainage services;

"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;

"heritage property" means property that

(a) in the opinion of a body or person authorized to exercise a power under this Act in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or

(b) is protected heritage property;

"heritage value" means historical, cultural, aesthetic, scientific or educational worth or usefulness of property or an area;

"highway" includes a street, road, land, bridge, viaduct and any other way open to public use, but does not include a private right of way on private property;

"improvement district" means an improvement district, including a mountain resort improvement district, incorporated under this or any other Act;

"improvements" means improvements as defined in the Assessment Act;

"inspector" means the inspector of municipalities under section 1019;

"land" includes the surface of water but does not include

(a) improvements,

(b) mines or minerals belonging to the Crown, or

(c) mines or minerals for which title in fee simple has been registered in the land title office,

except that, for the purposes of assessment and taxation, it means land as defined in the Assessment Act;

"letters patent" includes supplementary letters patent;

"local court of revision" means the local court of revision under section 362 (1);

"local government" means

(a) the council of a municipality, and

(b) the board of a regional district;

"local government offices" means

(a) in relation to a municipality, the municipal hall, and

(b) in relation to a regional district, the offices where the regular office of the regional district officer assigned responsibility under section 198 [corporate administration] is located;

"local improvement" means a work or service undertaken as a local improvement under Division 1 of Part 19;

"manage", with respect to land, improvements, personal property or other property, includes conserve, use, develop, construct, improve, operate, administer and maintain, as applicable;

"mountain resort improvement district" means a mountain resort improvement district incorporated under section 732;

"mountain resort municipality" means a mountain resort municipality incorporated under section 11;

"municipal administrative body" means a body, other than the council, that under this or another Act may exercise the powers of a municipality, and includes a municipal police board;

"municipality" means a municipality incorporated under this or any other Act, but does not include the City of Vancouver, an improvement district or a regional district;

"newspaper" means, in relation to a requirement or authorization for publication in a newspaper, a publication or local periodical that contains items of news and advertising;

"non-resident property elector" means, in relation to a municipality or regional district electoral area, a person who at the relevant time meets the qualifications for registration as a non-resident property elector under section 51 in relation to the jurisdiction;

"occupier" means a person

(a) who is qualified to maintain an action for trespass,

(b) who is in possession of Crown land under a homestead entry or preemption record,

(c) who is in possession of

(i) Crown land, or

(ii) land owned by a municipality or regional district

under a lease, licence, agreement for sale, accepted application to purchase, easement or other record from the Crown, municipality or regional district, or

(d) who simply occupies the land;

"official community plan" means a community plan adopted under section 882 or 883;

"owner" in respect of real property means

(a) the registered owner of an estate in fee simple,

(b) the tenant for life under a registered life estate,

(c) the registered holder of the last registered agreement for sale,

(d) the holder or occupier of land held in the manner referred to in section 356 [taxation of Crown land used by others] or section 357 [taxation of municipal land used by others], and

(e) an Indian who is an owner under the letters patent of a municipality incorporated under section 12 [incorporation of reserve residents as a village];

"parcel" means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway;

"partnering agreement" means an agreement between a local government and a person or public authority under which the person or public authority agrees to

(a) provide or manage a facility or work for the local government, or

(b) provide a service on behalf of the local government;

"population" means

(a) population determined by the last preceding census taken by Canada, or

(b) if a municipality has been incorporated or its area has been adjusted after that census, population determined by a certificate of the minister;

"protected heritage property" means property that is

(a) protected under section 13 (2) of the Heritage Conservation Act,

(b) included under section 880 (3) (b) [heritage conservation areas] in a schedule to an official community plan, or

(c) designated as protected under bylaws made under section 967 [heritage designation protection];

"public authority" means any of the following:

(a) the government of Canada, government of British Columbia or government of another province, or an agent of any of them;

(b) a local government, the City of Vancouver or the trust council, a local trust committee or the trust fund board under the Islands Trust Act;

(c) a body in another province or country that provides local government services;

(d) a board as defined in the School Act, a regional health board designated under the Health Authorities Act, a greater board and the trustees of an improvement district;

(e) any other local government body, educational body or health care body, as those terms are defined in the Freedom of Information and Protection of Privacy Act;

(f) a first nation;

(g) any other body prescribed under section 6.6 (3) (a) as a public authority for the purposes of this Act;

"real property" means land, with or without improvements so affixed to the land as to make them in fact and law a part of it;

"regional district" means a regional district incorporated under Part 24 or under Part 24 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed by the Municipal Amendment Act, 1989;

"regional growth strategy" means a regional growth strategy under Part 25;

"registered", in relation to an interest in land less than the fee simple, means registered as a charge;

"registered owner" means the person registered in the land title office as entitled to the fee simple;

"regulating" includes authorizing, controlling, inspecting, limiting and restricting;

"resident elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications for registration as a resident elector under section 50 in relation to the jurisdiction;

"subdivision servicing bylaw" means a bylaw under section 938;

"zoning bylaw" means a bylaw under section 903.

Notes for assistance in explaining cross references

6 In this Act, if a reference to a provision of this Act or any other Act is followed by italicized words in square brackets that are or purport to be descriptive of the subject matter of the provision, the words in square brackets are not part of this Act, are included editorially for convenience of reference only and are not to be used in interpreting this Act or the provision to which the words refer.

References to local government officer

6.1 Words in an enactment referring to a local government officer, by name of office or otherwise, also apply to

(a) the officer's deputy, and

(b) any person designated by the local government to act in the officer's place.

Special rule for Mountain Time Zone

6.2 In those municipalities and regional districts in which Mountain Standard Time or Mountain Daylight Time is customarily used, section 25 (7) of the Interpretation Act [calculation of time] does not apply and instead a reference to a specified time of the day is a reference to Mountain Standard Time or Mountain Daylight Time, as applicable.

Process choice for local governments

6.3 Despite any other provision of this Act, where this Act requires or authorizes a local government to provide a counter petition opportunity, the local government may instead seek the assent of electors.

How notices must be published in a newspaper

6.4 (1) If notice is required by this Act to be given by publication in a newspaper, the notice must be published in accordance with this section.

(2) If the same matter is subject to 2 or more requirements for publication in a newspaper, the notices required to be published may be combined as long as the requirements of all applicable sections are met.

(3) The notice may be published in a newspaper that is distributed at least weekly

(a) in the area affected by the subject matter of the notice, and

(b) if the affected area is not within the municipality or regional district for which the notice is to be given, in that municipality or regional district.

(4) The notice may be published in more than one newspaper if the notice is published in accordance with subsection (3) when the publications are considered together.

(5) If publication under subsection (3) or (4) is not practicable, the notice may be given in the areas referred to in subsection (3) by alternative means as long as the notice

(a) is given within the same time period as required for publication,

(b) is given with the same frequency as required for publication, and

(c) provides notice that, in the view of the body required to give the notice, is reasonably equivalent to that which would be provided by publication if it were practicable.

(6) As an exception, subsection (5) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.

Giving notice to municipalities and regional districts

6.5 If an enactment requires or permits

(a) notice to be given to a municipality or regional district,

(b) a document to be served on a municipality or regional district,

(c) a document to be filed with a municipality or regional district, or

(d) a document to be delivered, sent, submitted or otherwise provided to a municipality or regional district,

the notice, service, filing or provision is effected if the notice or document is, as applicable, given, served on, filed with or provided to the local government officer assigned responsibility under section 198 [corporate administration].

Power to make regulations

6.6 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act [powers to make regulations].

(2) A regulation under this section may be made to apply to one, some or all municipalities, regional districts or other bodies governed by this Act, any combination of them, or any part or parts of them.

(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing a body as a public authority for the purposes of this Act;

(b) establishing an oath of office for local government officers for the purposes of section 201 [oath of office for officers];

(c) respecting any other matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.

2 The following section is added to Part 1.1:

Interim regulations

6.7 (1) Without limiting section 6.6, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for or is not sufficiently provided for in this Act or in an Act amending this Act;

(b) to make provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation the amendments made to this Act and to prevent any transitional difficulties encountered in doing so;

(c) to resolve any errors, inconsistencies or ambiguities in this Act resulting from an amendment to this Act.

(2) A regulation under subsection (1) may be made to apply to one, some, or all municipalities, regional districts or other bodies governed by this Act, any combination of them, or any part or parts of them.

(3) A regulation under subsection (1) may be made retroactive to a date not earlier than the date this section comes into force.

(4) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(5) A regulation under subsection (1) ceases to have effect after the last day of the next session of the Legislative Assembly after the regulation is made.

(6) This section is repealed 3 years after the date on which it comes into force.

3 Section 11.1 (1) is amended by striking out "sections 16 and 17," and substituting "section 17 (1),".

4 Section 13 (3) (a) is amended by striking out "given an opportunity to petition against the proposed bylaw by counter petition process in accordance with section 212.1;" and substituting "provided with a counter petition opportunity in relation to the proposed bylaw;".

5 Section 16 is repealed.

6 Section 17 is amended by adding the following subsection:

(3) Despite subsection (1), if the Lieutenant Governor in Council considers it to be in the public interest to do so, a municipality may be incorporated in another classification provided for in this Act.

7 Section 18 is repealed and the following substituted:

Change of municipal classification

18 (1) On request of the council, the Lieutenant Governor in Council may repeal the letters patent of a municipality and issue others in their place reincorporating the municipality as a city, town, district or village in accordance with section 17 (1) [classification of municipalities].

(2) A council may make a request under subsection (1) only after it has provided a counter petition opportunity in relation to the proposed change in classification.

(3) Letters patent reincorporating a municipality may include directions on any of the matters referred to in section 13 [what must and may be included in letters patent] and section 14 [exceptions for industrial plants] and on any other matters the Lieutenant Governor in Council considers appropriate.

(4) If the minister is satisfied that, since the last census, the population of a municipality has changed sufficiently to allow a change of classification, the minister may determine what the population of the municipality is deemed to be for the purposes of determining its classification for reincorporation.

8 Section 26 (3) is amended

(a) by repealing paragraph (d) and substituting the following:

(d) a statement indicating that the required public notice has been given and an affidavit of the designated municipal officer attesting to that publication; ,

(b) by repealing paragraph (f) and substituting the following:

(f) an affidavit of the designated municipal officer attesting to the number of electors entitled to sign under paragraph (e); , and

(c) by repealing paragraph (k) and substituting the following:

(k) a statement under oath by the mayor, jointly with the municipal officers assigned responsibilities under section 198 [corporate administration] and section 199 [financial administration], showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require; .

9 Section 33 is amended

(a) by repealing the definition of "local government offices", and

(b) by repealing the definition of "neighbourhood constituency" and substituting the following:

"neighbourhood constituency" means a neighbourhood constituency established under section 36.1; .

10 The following section is added:

Municipal elections at large unless on a neighbourhood constituency basis

36.1 (1) Unless a bylaw under subsection (2) applies, every council member must be elected from the municipality at large.

(2) A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis.

(3) A bylaw under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.

(4) The authority under subsection (2) applies despite the letters patent of the municipality, but a bylaw under that subsection must be approved by the Lieutenant Governor in Council before it is adopted.

(5) If a neighbourhood constituency is established,

(a) the only persons who may vote as electors of the neighbourhood constituency are

(i) resident electors of the municipality who meet the qualifications of section 50 in relation to the area of the neighbourhood constituency, and

(ii) non-resident property electors of the municipality who meet the qualifications of section 51 in relation to the area of the neighbourhood constituency, and

(b) except as permitted at an additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency.

(6) The notice of election under section 77 for an election on the basis of a neighbourhood constituency must include the following additional information:

(a) the boundaries of the neighbourhood constituency;

(b) the voting place on general voting day for the neighbourhood constituency;

(c) a description of the qualifications established by subsection (5) (a) that entitle an elector to vote for a council member to represent the neighbourhood constituency.

11 Section 37 is amended

(a) by repealing subsection (1) (c) to (f) and substituting the following:

(c) the office becomes vacant under section 211 [disqualification for failure to take oath];

(d) the person holding the office resigns under section 212 [resignation from office];

(e) the office is declared vacant on an application under section 213 [application to court for disqualification];

(f) the office becomes vacant by a resolution under section 214 [resolution declaring disqualification] or is declared vacant on an application under subsection (4) of that section. , and

(b) by repealing subsection (7) and substituting the following:

(7) A person elected under this section holds office until the applicable time referred to in section 209 (1) (b) or (2) (b) [term of office].

12 Section 38 (1) (b) is repealed and the following substituted:

(b) order the designated local government officer to arrange for the election to be conducted.

13 Section 40 is amended

(a) in subsection (1) by striking out "under this section", and

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

(2) The costs of an election may be shared under an agreement between the local government and another local government, the council of the City of Vancouver or a board of school trustees for the conduct of the election by one party for the other or in conjunction with an election of the other.

14 Section 51 (7) is repealed and the following substituted:

(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the municipality or regional district.

15 Section 55 is amended

(a) by repealing subsection (1) (a) (iii) and substituting the following:

(iii) either the birth date or the last 6 digits of the social insurance number of the applicant; ,

(b) by repealing subsection (1) (b) (iii) and substituting the following:

(iii) either the birth date or the last 6 digits of the social insurance number of the applicant; , and

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

(2) An application must

(a) be signed by the applicant and by a witness to the signature of the applicant, and

(b) include the residential address of the witness, if this is not a person authorized by the chief election officer or by the designated local government officer.

16 Section 56 is amended

(a) by repealing subsection (1) (c) and substituting the following:

(c) at other times and places authorized by the designated local government officer. , and

(b) by repealing subsections (5) to (7) and substituting the following:

(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the designated local government officer must give public notice of the close of advance registration in accordance with section 44.

(6) For the purpose of encouraging persons to register as electors,

(a) a local government may direct the designated local government officer to arrange an enumeration of the municipality or regional district, and

(b) that officer may arrange other special opportunities for persons to apply to register as electors.

(7) The designated local government officer must ensure that application forms are available from the local government offices during its regular office hours at any time when advance registration as an elector is permitted.

17 Section 58 is amended

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

(2) The application must be made at the local government offices, to

(a) the designated local government officer, or

(b) another local government official authorized by the designated local government officer. , and

(b) by repealing subsection (5) and substituting the following:

(5) The designated local government officer must maintain a record of all certificates issued under this section.

(6) From the 46th day before general voting day until the close of general voting, the current record under subsection (5) must be available for public inspection at the local government offices during its regular office hours, and for these purposes section 62 (4), (5), (8) and (9) [list of registered electors -- public access] and section 63 [protection of privacy] apply to that record.

18 Section 61 is amended

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

(2) The designated local government officer is responsible for maintaining the register of electors. ,

(b) in subsection (5) by striking out "the municipal clerk or regional district secretary" and substituting "the designated local government officer", and

(c) by repealing subsection (7) and substituting the following:

(7) The designated local government officer may authorize a person to assist in that officer's duties under this section and may authorize the person to exercise the officer's powers under this section.

19 Section 62 is amended

(a) by repealing subsection (1) and substituting the following:

(1) If a register of electors is required under section 61, the designated local government officer must prepare a list of registered electors of each jurisdiction to be used for the purposes of administering an election. , and

(b) by repealing subsection (5) and substituting the following:

(5) The designated local government officer must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.

20 Section 64 is amended

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

(2) An objection must be received by the designated local government officer, or a person authorized for this purpose by that officer, before 4 p.m. on the 36th day before general voting day. , and

(b) in subsection (6) by striking out "the municipal clerk or regional district secretary" and substituting "the designated local government officer".

21 Section 65 (1) and (2) is amended by striking out "the municipal clerk or regional district secretary" and substituting "the designated local government officer".

22 Section 66 (2) (d) is repealed and the following substituted:

(d) a person who is disqualified under

section 91 [failure to file disclosure statement],

section 211 [failure to take oath],

section 479 [use of money contrary to Part 12],

section 506 [voting for illegal expenditure], or

section 513 [permitting expenditure that lacks proper authority]; .

23 Section 67 is amended

(a) in subsection (5) (b) (iii) by striking out "section 181," and substituting "section 211 [disqualification for failure to take oath],", and

(b) in subsection (8) by striking out "section 180," and substituting "section 210,".

24 Section 68 (3) is amended by striking out "section 182" and substituting "section 212".

25 Section 73 (8) is repealed and the following substituted:

(8) The designated local government officer must ensure that the statements referred to in subsection (7) are kept until after general voting day for the next general local election.

26 Section 77 (2) (d) is amended by striking out "section 178 (6)" and substituting "section 36.1 (6)".

27 Section 90 (1) is repealed and the following substituted:

(1) Within 120 days after general voting day for an election, the financial agent of each candidate and elector organization must file with the designated local government officer a disclosure statement in accordance with this section.

28 Section 103 (1) (b) is repealed and the following substituted:

(b) authorize the designated municipal officer or chief election officer to establish municipal voting divisions.

29 Section 137 (1) is amended by striking out "section 180" and substituting "section 210".

30 Section 143 (8) is repealed and the following substituted:

(8) As soon as possible but no later than 2 days after a petition is filed, the person making the application must serve the petition and the notice of hearing on the municipality or regional district for which the election was held.

31 Section 148 (3) is repealed and the following substituted:

(3) If the results of the election are changed by a judicial recount or on an application under section 143 [application to court] after the report under subsection (1) is submitted, the designated local government officer must submit to the local government a supplementary report reflecting the changed results.

32 Section 149 is repealed and the following substituted:

Publication of election results

149 (1) Within 30 days after elected candidates have taken office, the designated local government officer must submit the names of the elected officials to the Gazette for publication.

(2) Within 30 days after persons appointed to local government have taken office, the designated local government officer must submit the names of the appointed officials to the Gazette for publication.

33 Section 150 is amended

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

(2) After the end of the period for conducting a judicial recount, the designated local government officer is responsible for retaining the materials referred to in subsection (1). , and

(b) by repealing subsection (5) and substituting the following:

(5) The designated local government officer must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.

34 Section 158 (1) (c) is repealed and the following substituted:

(c) voting on a referendum under section 245 or 802 [referendums to obtain electors' opinion].

35 Section 159 (3) is repealed and the following substituted:

(3) A bylaw that requires the assent of the electors may be amended or repealed without the assent of the electors if the minister approves.

36 Part 5 is repealed and the following substituted:

Part 5 -- Corporate Powers and Their Use

Division 1 -- Corporate Status and Governing Bodies

Corporations created

173 Each municipality and each regional district is a corporation.

Governing bodies

174 (1) The governing body of a municipality is its council and the governing body of a regional district is its board.

(2) The powers, duties and functions of a municipality or regional district are to be exercised and performed by its council or board unless this or any other Act provides otherwise.

(3) A local government, in exercising or performing the powers, duties and functions conferred on it by an enactment, is acting as the governing body of the municipality or regional district.

(4) Despite any change in their membership, the council of a municipality and the board of a regional district are continuing bodies and may complete any proceedings started but not completed before the change.

Local government jurisdiction

175 A local government may only exercise or perform its powers, duties and functions within the boundaries of the municipality or regional district unless this or another Act provides that they may also be exercised or performed outside those boundaries.

Division 2 -- General Corporate Powers

Corporate powers of local governments

176 (1) Subject to the specific limitations and conditions established by or under this or another Act, the corporate powers of a local government include the following:

(a) to make agreements respecting the local government's activities, works or services, including agreements respecting the undertaking, provision and operation of its activities, works and services;

(b) to make agreements with a public authority respecting activities, works or services within the powers of a party to the agreement, including agreements respecting the undertaking, provision and operation of activities, works and services;

(c) to provide assistance for the purpose of benefiting the community or any aspect of the community;

(d) to acquire, hold, manage and dispose of land, improvements, personal property or other property, and any interest or right in or with respect to that property;

(e) to delegate its powers, duties and functions, including those specifically established by an enactment, to its officers and employees, its committees or its members, or to other bodies established by the local government;

(f) to engage in commercial, industrial and business undertakings and incorporate a corporation or acquire shares in a corporation for that purpose.

(2) In exercising its powers under subsection (1), a local government may establish any terms and conditions it considers appropriate.

(3) The powers of a local government under subsection (1) may be exercised outside the boundaries of the municipality or regional district.

Division 3 -- Agreements

Disclosure of information relating to agreements

177 (1) This section applies if an agreement is proposed or made in relation to a matter that

(a) requires the assent of the electors, or

(b) requires the local government to provide a counter petition opportunity.

(2) To the extent that they can be disclosed under the Freedom of Information and Protection of Privacy Act, the local government must make available for public inspection

(a) the agreement, and

(b) all records relating to the agreement that are in the custody or under the control of the local government.

(3) The records referred to in subsection (2) must remain available for public inspection for at least the period

(a) from the time notice of other voting is given until general voting day for other voting, or

(b) from the time notice of the counter petition opportunity is given until the day on which the deadline for submitting signed counter petition forms passes.

Requirements for electors' assent or counter petition opportunities

178 (1) If an agreement is proposed or made in relation to one or more matters referred to in section 177 (1), instead of seeking assent or providing a counter petition opportunity in relation to the matters, the local government may

(a) seek the assent of the electors, or

(b) provide a counter petition opportunity

in relation to the agreement as a whole.

(2) Section 177 applies to an agreement that is dealt with under subsection (1) of this section.

Amendment of agreements

179 If an agreement is in relation to a matter that requires the local government to obtain the assent of the electors or provide a counter petition opportunity, the requirement also applies to an amendment to the agreement in relation to that matter.

Approval for out-of-Province and out-of-country agreements with public authorities

180 (1) An agreement between a local government and a public authority in another province respecting the provision and operation of works and services has no effect unless it is approved by the minister.

(2) An agreement between a local government and a public authority in another country respecting the provision and operation of works and services has no effect unless it is approved by the Lieutenant Governor in Council.

Division 4 -- Assistance

Definition of "assistance"

181 For the purposes of section 176 (1) (c) [corporate powers -- assistance] and this Division, "assistance" means providing a grant, benefit, advantage or other form of assistance, including

(a) an exemption from a tax, fee or charge, and

(b) the forms of assistance referred to in section 185 (1) [publication of intention to provide certain kinds of assistance].

Prohibition against assistance to business

182 As a limitation on section 176 (1) (c), a local government must not provide assistance to an industrial, commercial or business undertaking.

Exception for assistance under partnering agreements

183 Despite section 182 and in addition to the power under section 176 (1) (c), a local government may provide assistance under a partnering agreement.

Limitation on assistance by means of tax exemption

184 As a limitation on sections 176 (1) (c) and 183, a council may only provide a property tax exemption in accordance with Division 1 of Part 10 [Assessment and Taxation -- Exemptions] and a board may only provide a property tax exemption in accordance with Division 6 of Part 24 [Regional Districts -- General].

Publication of intention to provide certain kinds of assistance

185 (1) A local government must publish in a newspaper its intention to provide any of the following assistance:

(a) disposing of land or improvements, or any interest or right in or with respect to them, for less than market value;

(b) lending money;

(c) guaranteeing repayment of borrowing or providing security for borrowing;

(d) assistance under a partnering agreement.

(2) The notice must be published before the assistance is provided and must include

(a) the intended recipient of the assistance, and

(b) the nature, term and extent of the proposed assistance.

Division 5 -- Disposing of Land and Improvements

Disposition of land and improvements

186 (1) If a local government intends to dispose of land or improvements, it must make the land or improvements available to the public for acquisition.

(2) Subsection (1) does not apply if the disposition is

(a) to a not for profit corporation,

(b) to a public authority,

(c) to a person who, as part of the consideration for the disposition, will exchange land or an improvement with the local government,

(d) to a person under a partnering agreement that has been the subject of a process involving the solicitation of competitive proposals, or

(e) a disposition of land to an owner of adjoining land for the purpose of consolidating the lands.

Notice of proposed disposition

187 (1) A local government intending to dispose of land or improvements must publish notice of its intention in a newspaper in accordance with subsection (2) or (3), as applicable.

(2) If the disposition is a disposition referred to in section 186 (2), the notice must include

(a) a description of the land or improvements,

(b) the nature and, if applicable, the term of the proposed disposition, and

(c) the consideration to be received by the local government for the disposition.

(3) For all other dispositions, the notice must include

(a) a description of the land or improvements,

(b) the nature and, if applicable, the term of the proposed disposition, and

(c) the process by which the land or improvements may be acquired.

Use of money from sale of land or improvements

188 (1) Subject to subsection (2),

(a) all money received by a municipality from the sale of land or improvements must be placed to the credit of a special fund under Part 13 [Special Funds], and

(b) all money received by a regional district from the sale of land or improvements must be placed to the credit of a special fund under section 826 [special funds].

(2) If, after money is received under subsection (1), a debt incurred by the municipality or regional district for the purchase or management of the land or improvements remains, there must be set aside all or part of the proceeds of the disposition, as required to repay the debt as it matures together with interest.

Disposal of assets acquired with Provincial grants

189 (1) As a limitation on section 176 (1) (d) [corporate powers -- property], before disposing of land, improvements or works acquired or constructed by or for a local government in whole or in part with a Provincial grant that was provided for that purpose, a local government must notify the inspector of the disposition unless

(a) the first payment of all or part of the grant was provided at least 20 years before the intended disposal and the local government no longer receives grant payments with respect to that property, or

(b) the land, improvement or work will be used for the public purpose for which it was acquired or constructed for at least 20 years after the date of the first payment of all or part of the grant.

(2) Subject to regulations under subsection (5), within 30 days after receiving notice under subsection (1), the inspector may, by notice in writing, require the local government to repay all or part of the Provincial grants paid to the local government with respect to the property, on the terms specified in the notice.

(3) This section applies in relation to grants made before or after this section comes into force.

(4) The local government may appeal a decision of the inspector and, for this purpose, section 457 [appeal from an inspector's decision] applies.

(5) The Lieutenant Governor in Council may make regulations for the purposes of this section as follows:

(a) respecting the matters or information to be included in the local government's notification to the inspector;

(b) prescribing the conditions under which a grant becomes repayable under this section, which may be different for different classes of grants, properties and dispositions;

(c) respecting the means and basis for calculating the whole or part of the Provincial grant that is repayable, which may be different for different classes of grants, properties and dispositions;

(d) specifying the circumstances in which the inspector may take more than 30 days to issue a notice under subsection (2).

Disposal of utilities and water and sewer systems

190 (1) As a limitation on section 176 (1) (d) [corporate powers -- property], the following works may only be disposed of in accordance with this section:

(a) works for the supply, treatment, conveyance, storage and distribution of water;

(b) works for the collection, conveyance, treatment and disposal of sewage;

(c) works for the supply and distribution of gas or electrical energy;

(d) works for a transportation system, telephone system, closed circuit television system or television rebroadcasting system.

(2) The works may only be disposed of if

(a) the works are no longer required for the purpose described,

(b) the works are disposed of to another local government in the same regional district,

(c) in the case of works referred to in subsection (1) (a) or (b) that are used by the local government to provide a water or sewer service,

(i) before the disposition occurs there is in effect an agreement under which the water or sewer service will continue for a period specified in the agreement, and

(ii) the intended disposition receives the assent of the electors, or

(d) in the case of works not referred to in paragraph (c), the local government has provided a counter petition opportunity in relation to the proposed disposition.

(3) For the purposes of subsection (2) (c) (ii), the notice under section 164 [notice of other voting] must include a description of the agreement referred to in subsection (2) (c) (i).

Division 6 -- Delegation of Local Government Authority

Limitations on delegation authority

191 (1) As a limitation on section 176 (1) (e) [corporate powers -- delegation], a local government may not delegate the following:

(a) the making of a bylaw;

(b) a power or duty that is only exercisable by bylaw;

(c) a power or duty to appoint, suspend or terminate a local government officer or an auditor;

(d) a power or duty established by an enactment that the local government hear an appeal or reconsider an action, decision or other matter;

(e) a power or duty established by this or any other Act that the local government give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter.

(2) The authority under section 176 (1) (e) does not include authority to delegate to a corporation incorporated by the local government or to a corporation in which the local government acquires shares.

How delegation must occur

192 (1) Subject to section 193, a local government may only delegate a power, duty or function by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast.

(2) A local government may, by bylaw adopted by a majority of votes cast, amend or repeal a bylaw referred to in subsection (1) to reduce or revoke the delegation.

Delegation of hearings

193 (1) If a local government is required by law or authorized by an enactment to hold a hearing in relation to a bylaw, action or other matter, the holding of the hearing may only be delegated, either specifically, by class of hearings or generally,

(a) in the case of a council, to one or more council members, and

(b) in the case of a board, to one or more directors.

(2) As an exception to section 192 (1), a local government may delegate the holding of a hearing by bylaw or resolution adopted by a majority of votes cast.

(3) If a hearing in relation to a matter is delegated under subsection (1), a delegation of the power to make the local government decision in relation to the same matter may only be delegated to the person or persons to whom the holding of the hearing was delegated.

(4) If the holding of a hearing is delegated under subsection (1) and the power to make the local government decision in relation to the same matter is not delegated under subsection (3), the local government must not make the decision until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing.

(5) This section does not authorize the delegation of the holding of a hearing referred to in section 191 (1) (d) [appeals and reconsiderations].

(6) For certainty, if a delegation has been made in relation to hearings, the local government may exercise its authority under subsection (1) to change that delegation to a different delegation in relation to a specific hearing.

Reconsideration of delegate's decisions

194 (1) If

(a) a local government delegates a power to make a decision, and

(b) in relation to that delegation, an enactment establishes a right to have a delegated decision reconsidered by the local government,

the local government must, by bylaw, establish procedures for such a reconsideration, including how a person may apply for the reconsideration.

(2) In undertaking a reconsideration referred to in subsection (1), a local government has the same authority as that conferred on the delegate.

Division 7 -- Incorporation of Corporations

Incorporation of corporations

195 A local government must not incorporate a corporation or acquire shares in a corporation without first receiving the approval of the inspector.

Part 5.1 -- Local Government Officers and Employees

Division 1 -- Officer Positions

Officer positions

196 (1) A local government may,

(a) by bylaw, establish officer positions for its municipality or regional district, with titles it considers appropriate, and

(b) by bylaw or resolution, assign powers, duties and functions to those officer positions.

(2) For certainty,

(a) a local government may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and

(b) the same person may be appointed to 2 or more officer positions.

Chief administrative officer

197 One of the officer positions established under section 196 may be assigned the chief administrative responsibility, which includes the following powers, duties and functions:

(a) overall management of the administrative operations of the municipality or regional district;

(b) ensuring that the policies and directions of the local government are implemented;

(c) advising and informing the local government on the operation and affairs of the municipality or regional district.

Corporate administration

198 One of the officer positions established under section 196 must be assigned the responsibility of corporate administration, which includes the following powers, duties and functions:

(a) ensuring that accurate minutes of the meetings of the local government and its committees are prepared and that the minutes, bylaws and other records of the business of the local government and its committees are maintained and kept safe;

(b) ensuring that access is provided to records of the local government and its committees, as required by law or authorized by the local government;

(c) certifying copies of bylaws and other documents, as required or requested;

(d) administering oaths and taking affirmations, declarations and affidavits required to be taken under this or any other Act in relation to local government matters;

(e) accepting, on behalf of the municipality or regional district, notices and documents that are required or permitted to be given, served on, filed with or otherwise provided to the municipality or regional district;

(f) keeping the corporate seal, if any, and having it affixed to documents as required.

Financial administration

199 One of the officer positions established under section 196 must be assigned the responsibility of financial administration, which includes the following powers, duties and functions:

(a) receiving all money paid to the municipality or regional district;

(b) ensuring the keeping of all funds and securities of the municipality or regional district;

(c) expending and disbursing money in the manner authorized by the local government;

(d) investing revenue funds, until required, in investments referred to in section 483 (1) [investment of sinking fund money];

(e) ensuring that accurate records and full accounts of the financial affairs of the municipality or regional district are prepared, maintained and kept safe;

(f) compiling and supplying information on the financial affairs of the muni-cipality or regional district required by the inspector.

Division 2 -- Officers and Employees Generally

Appointment of officers and employees

200 (1) Without limiting section 176 [corporate powers], a local government may

(a) provide for the appointment of officers and other employees for its municipality or regional district, and

(b) subject to the Labour Relations Code and the Employment Standards Act, establish the terms and conditions of their employment, including terms and conditions respecting their remuneration, benefits, expenses, hours of work and manner of appointment, promotion, discipline and dismissal.

(2) In the event of a conflict between terms and conditions of employment established by bylaw, resolution or policy and those established by contract of employment or collective agreement, the contract or agreement prevails.

Oath of office for officers

201 Before taking on the duties of office, a person appointed to an officer position for a municipality or regional district must swear or affirm an oath of office in the form prescribed by regulation or established by local government bylaw.

Termination of officer

202 Subject to a contract of employment, the appointment of a local government officer may be terminated by the local government as follows:

(a) on reasonable notice, if the termination is approved by an affirmative vote of at least 2/3 of the votes cast;

(b) without notice, for cause, if the termination is approved by a majority of the votes cast.

Employers' organization

203 A local government may, by an affirmative vote of at least 2/3 of the votes cast, provide for the inclusion of its municipality or regional district in an employers' organization under the Labour Relations Code.

Division 3 -- Certification of Senior Officials

Board of examiners

204 (1) There is to be a board of examiners for the purposes of this Division, composed of 3 members appointed by the Lieutenant Governor in Council on the recommendation of the minister, of whom

(a) one must be nominated by the Union of British Columbia Municipalities,

(b) one must be nominated by the Municipal Officers' Association of British Columbia, and

(c) one must be nominated by the minister.

(2) The members of the board hold office for a term of 3 years or until their successors are appointed.

(3) If a vacancy occurs because of the death or resignation of a member, the member's successor must be nominated and appointed in the same manner as the member originally nominated and appointed.

(4) The members of the board must not receive remuneration for their services, but must be paid by the minister the amount of their travelling and other personal expenses necessarily incurred by them in the discharge of their official duties.

(5) A member of the board may be nominated and reappointed for further terms.

Powers of board

205 (1) The board may do one or more of the following:

(a) establish qualifications and standards for municipal or regional district employment according to office and grades;

(b) grant certificates according to grades and skill to persons possessing the qualifications and meeting the standards;

(c) set and hold examinations for, or pass on the credentials of, a person who is a candidate for a certificate;

(d) cancel a certificate on proof of dishonesty or gross negligence on the part of the holder.

(2) The powers and duties of the board must be exercised and performed in accordance with any applicable regulations made by the board.

(3) The records of the board and the administrative duties in connection with them are the responsibility of the inspector.

Board may make regulations

206 With the approval of the Lieutenant Governor in Council on the recommendation of the minister, the board may make regulations respecting

(a) the exercise and performance of its powers and duties,

(b) examinations and certificates, and

(c) any other matter within the jurisdiction of the board.

Part 5.2 -- Municipal Councils and Their Proceedings

Division 1 -- Council Members

Size of council

207 (1) Except as established under subsection (2) or by the effect of section 209 [term of office for council members], the council size for municipalities must be as follows:

(a) for a city or district having a population of more than 50 000, the council is to consist of a mayor and 8 councillors;

(b) for a city or district having a population of 50 000 or less, the council is to consist of a mayor and 6 councillors;

(c) for a town or village, the council is to consist of a mayor and 4 councillors.

(2) The council of a city, district or town may, by bylaw, establish the number of council members as a mayor and 4, 6, 8 or 10 councillors.

(3) A bylaw under subsection (2) must provide for an uninterrupted transition from the previous council.

(4) A bylaw under subsection (2) that would reduce the number of council members must not be adopted unless it receives the assent of the electors.

Quorum of council

208 (1) Except as established by a temporary order under section 37 (6) (a) [minister's order if local government reduced to less than a quorum], the quorum for a council is as follows:

Number of council members Quorum
5 members 3
7 members 4
9 members 5
11 members 6

(2) The acts done by a quorum of council are not invalid by reason only that the council is not at the time composed of the required number of council members under this Act.

Term of office for council members

209 (1) The term of office for a mayor elected at a general local election

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3), whichever is later, and

(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the mayor's successor takes office, whichever is later.

(2) The term of office for a councillor elected at a general local election

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3), and

(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when a sufficient number of council members have taken office to make up a quorum, whichever is later.

Oath of office for council members

210 (1) A person elected or appointed to office on a council must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:

(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;

(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;

(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.

(2) The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace or the municipal officer assigned responsibility under section 198 [corporate administration], and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.

(3) A person takes office on a council

(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the municipal officer assigned responsibility under section 198 [corporate administration], or

(b) at any later time that the person produces the completed oath or certificate to that officer.

(4) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.

(5) A person taking office on a council may also make an oath of allegiance.

(6) Once a council member takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.

Disqualification from office for failure to make oath or attend meetings

211 (1) If a person elected or appointed to office on a council does not make the required oath under section 210 within the time limit set by that section, the office is deemed to be vacant and the person is disqualified from taking and holding office on a local government or on the council of the City of Vancouver until the next general local election.

(2) If a council member is continuously absent from council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled council meetings, whichever is the longer time period, unless the absence is because of illness or with the leave of the council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on a local government or on the council of the City of Vancouver until the next general local election.

Resignation from office

212 (1) A council member may resign from office only by delivering a written resignation to the municipal officer assigned responsibility under section 198 [corporate administration].

(2) A resignation becomes effective when it is received by the municipal officer, even if a later date is set out in the resignation, and may not be revoked after the time it is received.

(3) The municipal officer must notify the council of a resignation at its next meeting after the resignation is received or, if there are no other council members, the municipal officer must notify the minister.

Application to court to declare council member disqualified

213 (1) An application to the Supreme Court for a declaration that a council member is disqualified from holding office and that the office is vacant may be made in accordance with this section.

(2) Except as provided in this section, Division 15 of Part 3 [Declaration of Invalid Election], other than section 143 (7) [time for hearing application], applies in relation to an application under this section.

(3) An application may only be made by at least 4 electors of the municipality.

(4) An application may be made at any time during the challenged person's term of office, but must be made within 30 days after the alleged basis of the disqualification comes to the attention of any of the persons making the application.

(5) Within 7 days after the petition commencing an application is filed, it must be served on the person whose right to hold office is being challenged and on the municipality.

(6) On the hearing of an application, the court may

(a) declare that the person is confirmed as qualified to hold office, or

(b) declare that the person is not qualified to hold office and that the office is vacant.

Resolution declaring council member disqualified

214 (1) If the council considers that one of its members is disqualified from holding office, the council may adopt a resolution declaring that the office is vacant.

(2) Before taking action under subsection (1), the council must notify the person affected of the proposed action.

(3) Unless an application to the Supreme Court is made under subsection (4), an office declared vacant under subsection (1) becomes vacant 6 days after the resolution is adopted.

(4) A person whose office is declared vacant under subsection (1) may apply to the Supreme Court for a determination of whether the person is qualified to hold the office, but the application must be commenced within 5 days after the resolution is adopted.

(5) Within 7 days after the petition commencing an application under subsection (4) is filed, it must be served on the municipality.

(6) On the hearing of an application under subsection (4), the court may

(a) declare that the person is confirmed as qualified to hold office, or

(b) declare that the person is not qualified to hold office and that the office is vacant.

(7) Section 147 [status of an elected candidate] applies in relation to an application under subsection (4) of this section.

Council member remuneration and expenses

215 (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 any of the activities referred to in paragraph (b), 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 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

216 (1) At least once a year, a 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 215 (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 215 (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 for at least one year after it is considered by the council.

(3) On payment of the applicable fee set under subsection (4), a person may obtain from the municipality 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).

Council members' benefits

217 (1) A council must not provide any part of a premium required by an agreement for benefits, including insurance policies and medical or dental services, for council members or their dependants.

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

Division 2 -- Mayor

Powers and duties of mayor

218 (1) The mayor is the head and chief executive officer of the municipality.

(2) In addition to the mayor's powers and duties as a council member, the mayor has the following duties:

(a) to see that the law for the improvement and good government of the municipality is carried out;

(b) to communicate information to the council and to recommend bylaws, resolutions and measures that, in the mayor's opinion, may assist the peace, order and good government of the municipality in relation to the powers conferred on the council by an enactment;

(c) to establish standing committees as provided in section 239 and to appoint members of council to the committees;

(d) to inspect and direct the conduct of officers and employees, to direct the management of municipal business and affairs and, if considered necessary, to suspend an officer or employee;

(e) so far as the mayor's power extends, to see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished.

(3) Every suspension of an officer or employee by the mayor under this section must be reported to the council at its next sitting, and the council may

(a) reinstate the officer or employee,

(b) confirm the suspension,

(c) confirm and extend the suspension, or

(d) dismiss the officer or employee.

Mayor may return bylaw for reconsideration by council

219 (1) At any time within one month after a bylaw, resolution or proceeding of the council is adopted, the mayor may return it for reconsideration if it has not

(a) had the assent of the electors,

(b) been reconsidered by the council under subsection (3), or

(c) been acted on by an officer, employee or agent of the municipality.

(2) The mayor may give reasons for returning a matter to the council and the municipal officer assigned responsibility under section 198 [corporate administration] must record in the minute book the mayor's reasons, suggestions or amendments.

(3) As soon as convenient, the council must consider the mayor's reasons and either reaffirm or reject the bylaw, resolution or proceeding.

(4) If a bylaw, resolution or proceeding is rejected, it

(a) is deemed to be repealed and is of no effect, and

(b) must not be reintroduced to the council for 6 months except with the unanimous consent of the council.

(5) The conditions that applied to the adoption of the original bylaw, resolution or proceeding apply to its rejection.

Acting mayor and deputy mayor

220 (1) A council may appoint one of its members to be deputy mayor and one of its members to be acting mayor.

(2) If the office of mayor becomes vacant, the council must appoint a member to be acting mayor, and the acting mayor is to continue in office until another mayor is elected or appointed.

(3) During the absence, illness or other disability of the mayor, the acting mayor has all the powers of and is subject to the same rules as the mayor.

Intermunicipal questions

221 Except where otherwise provided, all questions arising between municipalities must be decided by the mayors of the municipalities or, if they cannot agree, by the Supreme Court, whose decision is final.

Division 3 -- Council Meetings

Time of council meetings

222 (1) Following a general local election, the first council meeting must be on the first Monday after December 1 in the year of the election.

(2) If a quorum of council members elected at the general local election has not taken office by the time referred to in subsection (1), the first council meeting must be called by the municipal officer assigned responsibility under section 198 [corporate administration] and held as soon as reasonably possible after a quorum has taken office.

(3) After the first meeting, a council must meet as it decides and as provided in this Act.

(4) For the purposes of this Act, a special council meeting is a council meeting other than a statutory, regular or adjourned meeting.

Notice of special meeting

223 (1) A notice of the day, hour and place of a special council meeting must be given at least 24 hours before the time of meeting, by

(a) posting a copy of the notice at the regular council meeting place, and

(b) leaving one copy for each council member at the place to which the member has directed notices to be sent.

(2) Each copy of a notice under subsection (1) must be signed by the mayor or the municipal officer assigned responsibility under section 198 [corporate administration].

(3) Notice of a special council meeting may be waived by unanimous vote of all council members.

Council members may request special meeting

224 (1) Two or more council members may, in writing, request the mayor to call a special council meeting.

(2) Two or more council members may call a special council meeting if

(a) within 24 hours after receiving a request under subsection (1), the mayor refuses or neglects to arrange for the special council meeting to be held within 7 days after receiving the request, or

(b) the mayor is absent.

(3) If a special council meeting is called under subsection (2), the council members calling the meeting must sign the notice under section 223.

Attendance of public at meetings

225 (1) Regular council meetings must be open to the public, and a person must not be excluded except for improper conduct.

(2) If in the opinion of the council the public interest so requires, persons other than members and officers, or persons other than members, may be excluded from a special council meeting.

Expulsion from meeting for improper conduct

226 The mayor or other person presiding may expel and exclude from a council meeting a person the mayor or presiding person considers guilty of improper conduct.

Mayor to preside at council meetings

227 (1) The mayor, if present, must preside at council meetings.

(2) If the mayor, deputy mayor and the acting mayor are absent from a council meeting,

(a) the members present must choose a member to preside, and

(b) the presiding member has, for that purpose, all the powers of and is subject to the same rules as the mayor.

(3) Any council member may preside in committee of the whole.

Points of order

228 The mayor or the member presiding at a council meeting must preserve order and decide points of order that may arise, subject to an appeal to the other council members present.

Appeal from decision of mayor

229 (1) On an appeal by a council member from a decision of the mayor, the question as to whether the chair is to be sustained must be immediately put by the mayor and decided without debate.

(2) The mayor must be governed by the vote of the majority of the other council members present.

(3) If the votes are equal, the question passes in the affirmative.

(4) The names of the council members voting for or against the question must be recorded in the minutes.

(5) If the mayor refuses to put the question under subsection (1),

(a) the council must immediately appoint a member to preside temporarily,

(b) that presiding member must proceed in accordance with subsection (1), and

(c) a resolution or motion carried under this subsection is as binding as if carried under subsection (1).

Voting at council meetings

230 (1) This section applies to council meetings and meetings of all committees of council.

(2) A council member present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative.

(3) If the votes of the council members present at the meeting at the time of the vote are equal for and against a question, the question is negatived and the presiding member must declare this result.

Council member declaration if not entitled to vote

231 (1) This section applies to council meetings and meetings of all committees of council.

(2) If a council member considers that he or she is not entitled to participate in the discussion of a matter or to vote on a question in respect of the matter, the member must declare this and state the general nature of why the member considers this to be the case.

(3) After making the declaration, the member

(a) must not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter,

(b) must immediately leave the meeting or that part of the meeting during which the matter is under consideration, and

(c) must not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.

(4) When the declaration is made,

(a) the person recording the minutes of the meeting must record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and

(b) the person presiding at the meeting must ensure that the member is not present at the meeting at the time of any vote on the matter.

(5) Without limiting subsection (2), a council member must not participate in the discussion of or vote on a question in respect of a matter in which the member has a direct or indirect pecuniary interest.

(6) Subsection (5) does not apply

(a) if the pecuniary interest of the council member is a pecuniary interest in common with electors of the municipality generally,

(b) if the matter relates to remuneration or expenses payable to one or more council members in relation to their duties as council members, or

(c) if the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter.

(7) A person who contravenes subsection (5) is disqualified from continuing to hold office as a council member unless the contravention was done inadvertently or because of an error in judgment made in good faith.

(8) If otherwise qualified, a person disqualified under subsection (7) is qualified to be nominated and elected in the by-election to fill the vacancy created by this disqualification and, if elected, is qualified to hold the office.

(9) If as a result of subsection (2) the number of council members who may discuss and vote on a matter falls below the quorum for the council, the council may apply to the Supreme Court for an order under subsection (10) without notice to any other person.

(10) On an application under subsection (9), the court may

(a) order that all or specified council members may discuss and vote on the matter, despite the other provisions of this section, and

(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.

Division 4 -- Council Proceedings

Exercise of powers by bylaw or resolution

232 (1) If an enactment provides that a council is required or empowered to exercise a power by bylaw, that power may only be exercised by bylaw.

(2) Except as restricted by subsection (1), the powers of a council may be exercised by resolution or bylaw.

(3) An act or proceeding of a council is not valid unless it is authorized or adopted by bylaw or resolution at a council meeting.

General rule that matters be decided by majority of members present

233 Unless otherwise provided, all acts to be done by the council, and all other questions, including adjournment, that may come before the council must be done and decided by a majority of the council members present at a meeting.

Requirement for 2/3 majority

234 A requirement in this Act for an affirmative vote of at least 2/3 of all members of a council means an affirmative vote of at least 2/3 of the number of members of which the council consists under this Act.

Procedure bylaw

235 (1) The council must, by bylaw, regulate council meetings and their conduct.

(2) A bylaw relating to the procedure of the council must not be altered except by bylaw passed at a regular council meeting in accordance with a notice in writing given and openly announced at an earlier regular meeting.

Minutes of council proceedings

236 (1) Minutes of the proceedings of a council

(a) must be legibly recorded in a minute book, and

(b) must be certified as correct by the municipal officer assigned responsibility under section 198 [corporate administration] and signed by the mayor or other member presiding at the meeting or at the next meeting at which they are adopted.

(2) The minutes must be open for inspection by any person and any person may make copies and extracts of the minutes at all reasonable times on payment of any required fee.

(3) Subsection (2) does not apply to minutes of a special council meeting from which persons were excluded under section 225 [attendance of public at meetings].

(4) A council may, by bylaw, set fees for the purposes of subsection (2).

Minutes of committees and other municipal bodies

237 Minutes of the proceedings of council committees, courts of revision and other municipal bodies

(a) must be legibly recorded in a minute book,

(b) must be signed by the chair or member presiding at the meeting, and

(c) except for minutes of a council committee or other municipal body on a matter for adoption by the council, must be open for inspection in the same manner as council minutes.

Appointment of select committee

238 A council may appoint a select committee to consider or inquire into any matter and to report its findings and opinion to the council.

Establishment of standing committees

239 (1) The mayor may establish standing committees for matters the mayor considers would be better regulated and managed by committee, and for that purpose may provide for appointment as members of a standing committee persons who are not council members.

(2) At least 1/2 the members of a standing committee must be council members.

Witnesses at council or committee meetings

240 (1) A council, a standing committee or a select committee

(a) has power, under the signature of the mayor, to summon witnesses for examination on oath for matters about the administration of the municipality, and

(b) has the same power to enforce the attendance of witnesses and compel them to give evidence as is vested in a court of law in civil cases.

(2) A member of council or of a standing or select committee or the municipal officer assigned responsibility under section 198 [corporate administration] may administer the oath to a witness.

(3) A witness may be examined, cross examined and re-examined according to the rules and practice of the Supreme Court in civil cases.

Petitions to council

241 (1) A petition to a council must include the full name and residential address of each petitioner.

(2) Except as provided for local improvements, the sufficiency and validity of a petition to a council is to be determined by the municipal officer assigned responsibility under section 198 [corporate administration], who must record this determination by certificate.

(3) A certificate under subsection (2) is final and conclusive.

(4) After a petition has been certified as sufficient and valid, or after the time set for submission of the petition, a person may not withdraw their name from the petition or add a name to the petition.

Counter petition process

242 (1) Unless otherwise provided, this section applies to counter petitions required or authorized under this Act in relation to proposed municipal bylaws, actions or other matters.

(2) The council must establish a deadline by which counter petitions in relation to a specific matter must be submitted to the council.

(3) Notice of the counter petition opportunity in relation to a matter

(a) must be published in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established under subsection (2), and

(b) from the date of first publication in a newspaper, must be posted on the notice board or usual place for publishing notices at the municipal hall.

(4) A notice under subsection (3) must include the following:

(a) a general description of the proposed matter;

(b) a statement that the council may proceed with the matter unless the counter petition is sufficient;

(c) the area to which the counter petition applies, if that area is not the whole of the municipality;

(d) the deadline for submitting signed counter petition forms to the council;

(e) an estimate of the number of persons who must petition against the matter in order for the counter petition to be sufficient;

(f) how counter petitions may be submitted to the council.

(5) Subject to section 241 (1), a counter petition may be in any form that clearly indicates the intention of the person or persons signing it to petition against the proposed matter.

(6) A counter petition is sufficient if, on the basis of the signed counter petition forms submitted to the council before the deadline established under subsection (2), the counter petition is signed by at least 5% of the electors of the area to which the counter petition applies.

(7) If a counter petition is certified as valid and sufficient under section 241 (2), the council must not proceed with the proposed bylaw, action or other matter unless it receives the assent of the electors.

(8) If a counter petition is not sufficient, the council may proceed with the proposed bylaw, action or other matter.

Division 5 -- Additional Powers

Persons may be honoured with freedom of the municipality

243 (1) To honour a distinguished person, by unanimous vote of its members, a council may confer freedom of the municipality on that person.

(2) Until the council revokes the honour, a person given freedom of the municipality

(a) is deemed to be an elector of the municipality and is eligible to be registered as such and to vote in an election for mayor or councillor, and

(b) despite any other enactment, if the person is a Canadian citizen, is deemed to be qualified to be nominated, be elected and hold the office of mayor of the municipality.

(3) To honour a distinguished unit of the armed forces of Canada, the United Kingdom or another nation of the Commonwealth, by unanimous vote of its members, a council may confer freedom of the municipality on that unit.

(4) The commanding officer of a unit honoured with freedom of the municipality has by virtue of office the same qualifications and privileges of a person honoured with freedom of the municipality.

Municipal holidays

244 A council may declare that a public holiday is to be observed in the municipality, either on a day named by the council or on a day determined and proclaimed by the mayor.

Referendums to obtain electors' opinion

245 A council may, by bylaw, provide for a referendum to obtain the electors' opinion on a question that affects the municipality and with which the council has power to deal.

Joint exercise of powers with other municipalities

246 (1) A municipality may join with another municipality to exercise a power conferred by this Act.

(2) An agreement under this section is not valid until ratified by a bylaw adopted by each council.

(3) For the purpose of this section,

(a) the powers of a municipality extend beyond the boundaries of the municipality, and

(b) "municipality" includes the City of Vancouver.

Incidental powers

247 The council has all necessary power to do anything incidental or conducive to the exercise or performance of its powers, duties and functions.

Further powers in relation to municipal assets

248 In addition to the powers of a council under this Act, the minister may confer on the council further powers to manage and dispose of municipal assets that the minister considers necessary or advisable.

Further powers for public good

249 On request by a council, the Lieutenant Governor in Council may, to the extent not inconsistent with the purposes of this or any other Act, confer further powers on the council necessary to

(a) preserve and promote the peace, order and good government of the muni-cipality and the health, safety, morality and welfare of its citizens, and

(b) provide for protection of persons and property.

Emergency powers

250 If the powers conferred on a council are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the council may, by bylaw adopted by a vote of at least 2/3 of the council members, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.

Additional powers and exceptions may be granted to municipalities

251 (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified municipality or a described class of municipalities:

(a) grant a power to the municipality or class;

(b) provide an exception to or a modification of a requirement established by an enactment;

(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding

(i) the grant of a power under paragraph (a) or the exercise of it, or

(ii) an exception or modification under paragraph (b) or the taking of its benefit.

(2) A regulation made under this section must not do any of the following:

(a) confer an authority otherwise available to a municipality, including any power that may be granted under

section 247 [incidental powers],

section 248 [further powers in relation to municipal assets],

section 249 [further powers for public good], or

section 250 [emergency powers];

(b) override an absolute prohibition contained in an enactment;

(c) confer an authority to levy a new tax;

(d) confer an authority to grant a new tax exemption;

(e) eliminate a requirement for obtaining the assent of the electors;

(f) any other thing prohibited by regulation under subsection (3).

(3) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority conferred under this section.

Division 6 -- Special Expenditure Powers

Business improvement areas

252 (1) In this section:

"applicant" means a corporation, association or organization applying to the council for a grant of money under this section;

"business area" means an area in a municipality where business or commerce is carried on;

"business improvement area" means a business area designated by bylaw as a business improvement area under subsection (3) (a);

"business promotion scheme" means

(a) carrying out studies or making reports respecting one or more business areas,

(b) the improvement, beautification or maintenance of streets, sidewalks or municipally owned land, buildings or structures in one or more business improvement areas,

(c) the conservation of heritage property in one or more business improvement areas, and

(d) the encouragement of business in one or more business improvement areas.

(2) As an exception to section 182 [prohibition against assistance to business], a council may grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.

(3) Before a council grants money under subsection (2), the council must, by bylaw, do the following:

(a) designate the appropriate business area as a business improvement area;

(b) name the applicant to which the money will be granted;

(c) establish the maximum amount of money to be granted;

(d) require that the money granted must be expended only

(i) by the applicant to which the money is granted, and

(ii) in accordance with the conditions and limitations set out in the bylaw and for a business promotion scheme set out in the bylaw;

(e) require that all or part of the money granted to the applicant, as determined by the council, be recovered within the business improvement area from owners of land or improvements, or both, or from other persons from whom charges provided in this Act may be collected in the business improvement area.

(4) For the purpose of a requirement under subsection (3) (e), the council may levy and impose within the business improvement area any or all of the following:

(a) a rate on land or improvements, or both, that fall or would fall within Class 5 or 6 of the Assessments -- Classes and Percentage Levels Regulation, B.C. Reg. 438/81, as that regulation stood on January 8, 1988;

(b) a frontage tax;

(c) other charges provided in this Act;

(d) a rate based on any factor set out in the bylaw.

(5) If the council imposes a rate or charge under subsection (4), the bylaw that imposes the rate or charge may set different rates or charges on different classes of business, as specified in the bylaw.

(6) If a council enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without limiting this, the bylaw must require the applicant to

(a) submit each year a budget for approval by the council,

(b) account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and

(c) take out and maintain insurance of the type and in the amount specified in the bylaw.

(7) Section 646 (6) (b) and (c), (7) and (8) [works and services for specified areas] applies to a bylaw under this section and, for these purposes, a business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service.

(8) Section 649 [enlargement or reduction of specified area] and section 650 [merging of specified areas] apply in respect of a business improvement area as if it were a specified area.

(9) Part 11 [Taxes and Their Collection] applies in respect of rates, taxes and charges imposed under this section.

(10) A bylaw designating a business improvement area ceases to have effect on the earlier of

(a) 20 years from the date the bylaw comes into force, and

(b) a date specified in the bylaw.

Mountain resort business improvement areas

253 (1) In this section:

"applicant" means a corporation, association or organization applying to the council for a grant of money under this section;

"business area" means an area in a municipality where business or commerce related to a mountain resort is carried on;

"business promotion scheme" means

(a) carrying out studies or making reports respecting one or more business areas,

(b) the improvement, beautification or maintenance of streets, sidewalks or municipally owned land, buildings or structures in one or more mountain resort business improvement areas,

(c) the conservation of heritage property in one or more mountain resort business improvement areas, and

(d) the encouragement of business in one or more mountain resort business improvement areas;

"mountain resort business improvement area" means a business area designated by bylaw as a mountain resort business improvement area under subsection (3) (a).

(2) As an exception to section 182 [prohibition against assistance to business], a council may grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.

(3) Before a council grants money under subsection (2), the council must, by bylaw, do the following:

(a) designate the appropriate business area as a mountain resort business improvement area;

(b) name the applicant to which the money will be granted;

(c) establish the maximum amount of money to be granted;

(d) require that the money granted must be expended only

(i) by the applicant to which the money is granted, and

(ii) for a business promotion scheme set out in the bylaw;

(e) require that all of the money granted to the applicant be recovered from the owners of land and improvements, within the mountain resort business improvement area, used during the year to operate a business that falls within a class of business specified in the bylaw.

(4) For the purpose of a requirement under subsection (3) (e), the council may levy and impose within the mountain resort business improvement area any or all of the following:

(a) a rate on land or improvements, or both;

(b) a frontage tax;

(c) other charges provided in this Act;

(d) a rate based on any factor set out in the bylaw.

(5) If the council imposes a rate or charge under subsection (4), the bylaw that imposes the rate or charge may set different rates or charges on different classes of business, as specified in the bylaw.

(6) Section 362 [local court of revision] and section 363 [appeal to Supreme Court from local court of revision] apply with respect to a rate imposed under subsection (4) (d) of this section and, for this purpose, the bylaw under subsection (3) must establish a procedure to allow property owners to complain to the local court of revision about errors made in applying the bylaw to their property.

(7) If a council enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without restricting this, the bylaw must require the applicant to

(a) submit each year a budget for approval by the council,

(b) account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and

(c) take out and maintain insurance of the type and amount specified in the bylaw.

(8) Section 646 (6) (b) and (c), (7) and (8) [works and services for specified areas] applies to a bylaw under this section and, for these purposes, a mountain resort business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service.

(9) Section 649 [enlargement or reduction of specified area] and section 650 [merging of specified areas] apply in respect of a mountain resort business improvement area as if it were a specified area.

(10) Part 11 [Taxes and Their Collection] applies in respect of rates, taxes and charges imposed under this section.

(11) A bylaw designating a mountain resort business improvement area ceases to have effect on the earlier of

(a) 20 years from the date the bylaw comes into force, and

(b) a date specified in the bylaw.

Payment for benefits and expenses relating to municipal activity

254 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 a council member, municipal officer or employee, when the person, with the prior authorization of council,

(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 for accident insurance coverage for members of a civic commission, advisory planning commission, board of variance or other body established by the municipality while the members are on municipal business.

Indemnification against proceedings

255 (1) If

(a) an action or prosecution is brought against a council member or municipal officer or employee in connection with the performance of the person's duties, or

(b) an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration of a department of the municipality or the conduct of a part of the municipal business,

the council may, by a vote of at least 2/3 of all members, pay a sum required for the protection, defence or indemnification of the member, officer or employee and to cover the costs necessarily incurred and damages recovered in relation to the matter.

(2) A council must not pay a fine that is imposed on a member, officer or employee as a result of the person's conviction for a criminal offence.

(3) A resolution or bylaw under subsection (1) is not invalid by reason only that a council member who would be entitled to payment under the resolution voted on it.

(4) A council may, by bylaw, provide that the municipality will indemnify a member, officer or employee against a claim for damages against the person arising out of the performance of the person's duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim.

(5) Subject to subsection (6), a council must not seek indemnity against a member, officer or employee in respect of any action of the person that results in a claim for damages against the municipality.

(6) A council may seek indemnity against a member, officer or employee if

(a) the claim arises out of the gross negligence of that person, or

(b) in relation to the action that gave rise to the claim against an officer or employee, he or she wilfully acted contrary to the terms of the person's employment or an order of a superior.

(7) This section applies to the persons referred to in section 287 (1) (d), (g), (h), (i), (j), (k), (l), (n), (o) and (p) [immunity for individual municipal public officers] as though those persons were officers or employees of the municipality.

General heritage conservation authority

256 (1) Without limiting section 176 [corporate powers], a council may engage in activities or expend money for one or more of the following purposes:

(a) to acquire, conserve and develop heritage property and other heritage resources;

(b) to gain knowledge about the community's history and heritage;

(c) to increase public awareness, understanding and appreciation of the community's history and heritage;

(d) for any other activities that it considers necessary or desirable with respect to the conservation of heritage property and other heritage resources.

(2) As exceptions to section 182 [prohibition against assistance to business], a council

(a) may provide assistance within the meaning of section 181 [definition of assistance] to activities referred to in subsection (1) when the activities are undertaken by others, and

(b) may, by an affirmative vote of at least 2/3 of the votes cast, provide assistance within the meaning of section 181 for the conservation of any of the following property:

(i) property that is protected heritage property;

(ii) property that is subject to a heritage revitalization agreement under section 966;

(iii) property that is subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.

37 Section 257 (5) is repealed and the following substituted:

(5) Once adopted, a bylaw must

(a) be signed by the mayor or other presiding member of the council meeting at which it was adopted, and

(b) be signed by the municipal officer assigned responsibility under section 198 [corporate administration].

38 Section 259 (3) is repealed and the following substituted:

(3) A true copy of a bylaw adopted by the council of a village, signed as required by section 257 (5) and certified to be a true copy by the municipal officer assigned responsibility under section 198 [corporate administration], must be submitted to the inspector.

39 The following section is added to Division 1 of Part 6:

Bylaws must be available for public inspections

259.3 (1) The bylaws of a municipality must be available for public inspection in the municipal hall during its regular office hours.

(2) Subject to subsection (3), any person is entitled to obtain copies of a municipal bylaw.

(3) A council may, by bylaw, establish fees to be paid for obtaining copies of its bylaws.

40 Section 262 (3) is amended by striking out "must be served on the municipal clerk" and substituting "must be served on the municipality".

41 Section 270 is repealed and the following substituted:

Application of taxes and fines collected under bylaws

270 All taxes, licence fees, fines and penalties assessed, levied and collected in a municipality under or because of a bylaw

(a) must be paid to the municipal officer assigned responsibility under section 199 [financial administration] or other proper financial officer of the municipality, to be applied to the special uses and accounted for by that officer in the manner the bylaw directs, and

(b) in default of any direction respecting them, must be applied and accounted for by the officer to whom they are paid as part of the revenue of the municipality.

42 Section 280.1 (1) is repealed and the following substituted:

(1) A council may, by bylaw, authorize a designated municipal officer to consolidate one or more of the bylaws of the municipality.

43 Section 280.4 (2) is repealed and the following substituted:

(2) Before a bylaw under subsection (1) is given third reading, the municipal officer assigned responsibility under section 198 [corporate administration] must certify that the proposed revised bylaw has been revised in accordance with the bylaw authorizing the revision.

44 Section 286 (1) is repealed and the following substituted:

(1) A municipality is in no case liable for damages unless notice in writing, setting out the time, place and manner in which the damage has been sustained, is delivered to the municipality within 2 months from the date on which the damage was sustained.

45 Section 287 (1) (f) is amended by striking out "as defined in section 872".

46 The following section is added:

Defence for local government financial administrator

287.1 It is a good defence to any action brought against the officer assigned responsibility under section 199 [financial administration] for unlawful expenditure of local government funds if it is proved that the individual gave a written and signed warning to the council or board that, in his or her opinion, the expenditure would be unlawful.

47 Section 288 is amended by striking out "or a greater board as defined in section 872," and substituting "or a greater board,".

48 Section 294 is repealed and the following substituted:

Copy of writ to be left with municipal officer

294 The sheriff must deliver to the municipal officer assigned responsibility under section 198 [corporate administration], or leave at the office or dwelling house of that officer,

(a) a copy of the writ of execution and endorsement, and

(b) a statement in writing of the sheriff's fees, and of the amount required to satisfy the execution, including in the amount the interest calculated to a day as near as is convenient to the date of the delivery.

49 Section 296 (4) is repealed and the following substituted:

(4) After satisfying the execution and all fees on it, the sheriff must pay any surplus within 10 days after receiving it to the municipal officer assigned responsibility under section 199 [financial administration], for the general purposes of the municipality.

50 Section 297 (1) is repealed and the following substituted:

(1) For all purposes connected with carrying into effect, or permitting or assisting the sheriff to carry into effect, the provisions of this Act for executions, the municipal officers assigned responsibility under section 198 [corporate administration] and section 199 [financial administration] and the collector are deemed to be officers of the court in which the writ was issued.

51 Part 8 is repealed and the following substituted:

Part 8 -- Special Municipal Powers Relating to Property

Division 1 -- Reservation and Dedication of Real Property

Power to reserve municipal land for public purpose

302 (1) A council may, by bylaw, reserve for a particular municipal or other public purpose land owned by the municipality.

(2) A reservation under subsection (1) may be removed by a bylaw adopted by an affirmative vote of at least 2/3 of the council members.

(3) Before adopting a bylaw under subsection (2), the council must provide the electors with a counter petition opportunity.

Power to dedicate municipal land for public purpose

303 (1) A council may, by bylaw with the assent of the electors, dedicate for a municipal or other public purpose real property owned by the municipality.

(2) Despite subsection (1), the assent of the electors is not required for the dedication, by any means, of real property

(a) for highways, or

(b) for any other public purpose if the real property is 5 000 m2 or less in area.

Power to cancel the dedication of a highway

304 (1) A council may, by bylaw,

(a) cancel the dedication of a highway or portion of a highway that has been stopped up and closed to traffic under section 541 (1) (b) [general powers in relation to highways and public works], and

(b) rededicate the highway or portion of a highway as a park or public square.

(2) Before adopting a bylaw under this section, the council must hold a public hearing in accordance with section 890.

(3) On adopting a bylaw under this section, the council must file in the land title office a copy of the bylaw and a reference plan of the rededicated area.

(4) As an exception to subsection (3), the registrar of land titles may accept an explanatory plan instead of the reference plan referred to in that subsection if the registrar is satisfied that the rededicated area is satisfactorily shown on the explanatory plan.

(5) A bylaw under this section does not operate to effect a rededication of a highway that was dedicated by the deposit of a subdivision or reference plan in the land title office if

(a) the owner of the land at the time the plan was deposited is the owner of all of the parcels created by the plan, and

(b) the highway has not been developed for its intended purpose.

Effect of reservation and dedication

305 (1) A reservation bylaw under section 302 or a dedication bylaw under section 303 does not commit or authorize a local government to proceed with implementation of the purpose for which the property is reserved or dedicated.

(2) All bylaws enacted or works undertaken by a local government directly affecting property that is reserved under section 302 or dedicated under section 303 must be consistent with the purpose for which the property is reserved or dedicated.

Division 2 -- Municipal Forest Reserves

Establishment of municipal forest reserve

306 (1) Despite this Act or any law, a council may, by bylaw adopted with the assent of the electors, set aside as a municipal forest reserve land owned by the municipality that the council believes is suitable for reforestation purposes.

(2) A council may, by bylaw adopted by an affirmative vote of at least 2/3 of its members but without the assent of the electors, set aside and include within a municipal forest reserve established under this section any land owned or held by the municipality.

Sale or lease of municipal forest reserve

307 (1) As a limitation on section 176 (1) (d) [corporate powers -- property], a council must not sell or lease land set aside as a municipal forest reserve except as provided in this Division.

(2) A council may, by bylaw, withdraw land from a municipal forest reserve if the council has provided a counter petition opportunity in relation to the proposed bylaw.

(3) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under subsection (2) of this section must state

(a) the purpose for which the council intends to withdraw the land from the municipal forest reserve, and

(b) if this is in relation to a sale of the land, the price that is to be received.

(4) A council may, by bylaw with the assent of the electors, lease for a term not longer than 99 years, all or part of a municipal forest reserve, subject to the following:

(a) the agreement must make adequate provision for the protection of the municipal forest reserve on a sustained yield basis and for protection from fire;

(b) the annual rental agreed on must be based on area and current values of the annual cutting;

(c) the lessee must covenant to pay normal municipal taxes on the land, and on any structure erected or placed on the land either temporarily or permanently;

(d) the agreement must be embodied in the bylaw.

Cutting and removal of timber

308 (1) Without limiting section 176 [corporate powers], a council may cut, sell, remove or otherwise dispose of any timber or other products from a municipal forest reserve.

(2) An agreement between a municipality and a person for the cutting and removal of timber from a municipal forest reserve must

(a) provide that only selected trees may be cut,

(b) provide for the protection of young growth and other trees and timber, and

(c) provide for protection from fire.

Division 3 -- Expropriation and Compensation

Expropriation power

309 (1) For the purpose of exercising or performing its powers, duties and functions, a municipality may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act.

(2) If a municipality expropriates real property or works under subsection (1) or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any advantage which the claimant may derive from the contemplated work.

Power to expropriate water diversion licences and related works

310 Without limiting section 309, in addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, a municipality may expropriate

(a) a licence authorizing the diversion of water from a stream suitable for a water supply for the municipality, and

(b) any work constructed or used under authority of the licence.

Entry on land to mitigate damage that may be caused by municipality

311 (1) A council may provide for entering on real property or works that the council anticipates may be injuriously affected by the exercise of any of its powers, for the purpose of carrying out, and to carry out, works of construction, maintenance or repair in mitigation of injury done or anticipated or in reduction of compensation.

(2) Powers granted under subsection (1) may include, in any street grading works, removal of the substance of the adjacent land or the filling in of adjacent land to produce a grade uniform with the graded street.

Compensation for non-expropriation actions

312 (1) If a municipality

(a) exercises a power to enter on, break up, take or enter into possession of and use any property without the consent of the owners of the property, or injuriously affects property by the exercise of any of its powers, and

(b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act,

compensation is payable for any loss or damages caused by the exercise of the power.

(2) For the purposes of subsection (1), compensation must be as determined and paid as soon as reasonably possible in an amount set

(a) by agreement between the claimant and the municipality, or

(b) if no agreement is reached, by the Expropriation Compensation Board.

Funding for expropriation and mitigation

313 (1) In the absence of funds specially available for the purpose in respect of a particular project, a council may appropriate so much of the general funds of the municipality not already appropriated as may be necessary

(a) to pay compensation in respect of property expropriated or injured, or

(b) to carry out works referred to in section 311 [entry on land to mitigate damage].

(2) If the funds specially available or the general funds of the municipality are inadequate for the purposes referred to in subsection (1), the council may,

(a) by loan authorization bylaw adopted with the approval of the inspector, borrow the required sums, or

(b) by bylaw adopted with the approval of the inspector, use money from a reserve fund to the extent required.

(3) Despite Part 12 [Debts and Securities], a loan authorization bylaw referred to in subsection (2) does not require the municipality to provide a counter petition opportunity.

Division 4 -- Other Powers

Power to accept property on trust

314 (1) Without limiting section 176 [corporate powers], a council may accept any property devised, bequeathed, conveyed or otherwise transferred to the municipality, subject to any trusts on which the property is transferred.

(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, a council may sell the property despite any limitations or restrictions in this Act.

(3) All money held by a municipality subject to a trust, until required for the purposes of the trust, must be invested in the manner provided for the investment of sinking funds.

(4) If, in the opinion of a council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the municipality, the council may apply to the Supreme Court for an order under subsection (5).

(5) On an application under subsection (4), the Supreme Court may vary the terms or trusts as the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the municipality.

(6) Section 87 of the Trustee Act [discharge of trustee's duty] applies to an order under subsection (5).

Power to convey land to school board in trust

315 Without limiting section 176 [corporate powers], a council may transfer to the board of school trustees or francophone education authority having jurisdiction in the municipality, in trust for school purposes, any land reserved or acquired by the municipality for school purposes.

52 Section 327 is amended

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

(a) must adopt, by bylaw, the provisional budget by January 31 in each year, and , and

(b) by adding the following subsection:

(4) The provisional budget remains in effect until the annual budget is adopted.

53 Section 339 (1) is amended

(a) by adding the following paragraph:

(a.1) land, improvements or both vested in, or held by, the municipality jointly with another municipality or a regional district; , and

(b) by repealing paragraph (c) and substituting the following:

(c) land, improvements or both of a public library under the Library Act;

(c.1) land, improvements or both that are vested in, or held by, a municipality and occupied by a public library under the Library Act; .

54 Section 341 (2) is amended by adding the following paragraph:

(e.1) land or improvements, in whole or in part, owned by another municipality and used for a port or a small boat harbour, shelter or marina; .

55 Section 342 is amended

(a) in subsection (2) by striking out "Despite section 225" and substituting "Despite section 182 [prohibition against assistance to business]",

(b) by repealing subsection (4) and substituting the following:

(4) A bylaw under subsection (2) is deemed to have been approved by the electors if the council provides a counter petition opportunity in relation to the proposed bylaw and the counter petition is not sufficient. , and

(c) in subsection (4.1) by striking out "In addition to the information required by section 212.1 (4), the notice of a counter petition" and substituting "In addition to the information required by section 242 (4), the notice of a counter petition opportunity".

56 Section 343.1 is amended

(a) in subsection (2) by striking out "Despite section 225" and substituting "Despite section 182 [prohibition against assistance to business]",

(b) by repealing subsection (5) and substituting the following:

(5) A bylaw under subsection (2) is deemed to have been approved by the electors if the council provides a counter petition opportunity in relation to the proposed bylaw and the counter petition is not sufficient. , and

(c) in subsection (5.1) by striking out "In addition to the information required by section 212.1 (4), the notice of a counter petition" and substituting "In addition to the information required by section 242 (4), the notice of a counter petition opportunity".

57 The following section is added:

Tax exemptions under a partnering agreement

344.1 (1) A council may, by bylaw, exempt from taxation under section 331 (1) (a), (b), (c) and (d) [annual rates bylaw -- municipal purposes, debts, special reserve funds, regional hospital district expenses], all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the municipality, during all or part of the term of the agreement.

(2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose.

(3) If the term of the exemption authorized in the bylaw is greater than 5 years, or a period that by exercising rights of renewal or extension could exceed 5 years, then the council must provide a counter petition opportunity in relation to the proposed bylaw.

(4) An exemption under this section takes effect as follows:

(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year;

(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year.

(5) An exemption under this section ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption.

58 Section 346 is repealed and the following substituted:

Exemptions for community ports and airports

346 (1) In addition to the provisions of any other Act, the Lieutenant Governor in Council may make regulations prescribing exemptions from property tax levies under any Act in respect of

(a) prescribed land or improvements, or both, at prescribed community ports, and

(b) prescribed improvements at prescribed community airports.

(2) Regulations under subsection (1) may be different

(a) for different classes of property as described in the regulations,

(b) for different community ports, and

(c) for different community airports.

(3) An exemption under subsection (1) applies to a port or airport only for a taxation year in which it is operated as a community port or community airport, as applicable.

59 Section 351 (5) (b) is repealed and the following substituted:

(b) a certificate from the designated municipal officer showing that all obligations for amounts owing by the owner under sections 347 to 350 and the valuation agreement have been discharged.

60 Section 356 (2) (c) is repealed and the following substituted:

(c) land or improvements exempted by a bylaw under section 341, 342, 343.1, 344, 344.1 or 346; .

61 Section 362 (5) is amended by striking out "the municipal clerk:" and substituting "the municipal officer assigned responsibility under section 198 [corporate administration]:".

62 Section 363 is amended

(a) by repealing subsections (2) and (3) and substituting the following:

(2) Within 10 days after the decision complained of, the person appealing must serve on the municipality a written notice of intention to appeal to the Supreme Court that

(a) is signed by the person, or by the person's solicitor or an agent authorized in writing, and

(b) sets out the grounds of appeal.

(3) The court must set a day for hearing the appeal, notice of which must be given to the municipality and the appellant. , and

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

(6) On an appeal, the designated municipal officer must produce before the court the assessment roll and all records in that officer's possession affecting the matter.

63 Section 383 (1) is repealed and the following substituted:

(1) On receipt of a supplementary roll prepared under the Assessment Act, the designated municipal officer and the collector must carry out as soon as reasonable the duties imposed on them relating to the property tax roll.

64 Section 388 is repealed.

65 Section 393 is repealed and the following substituted:

Payment to municipality

393 At the times directed by the council, the collector must

(a) pay the amounts collected to the municipal officer assigned responsibility under section 199 [financial administration], or

(b) if so directed, deposit them to the credit of the municipality in a savings institution.

66 Section 397 (3) is repealed and the following substituted:

(3) A copy of that part of the property tax roll that refers to the taxes or rates payable by the person, certified as a true copy by the municipal officer assigned responsibility under section 198 [corporate administration], is evidence of the debt.

67 Section 399 (2) is repealed and the following substituted:

(2) Delivery of the conveyance must be made to the municipality and, after receipt, the designated municipal officer must promptly apply to the proper land title office for registration of the municipality as owner.

68 Section 416 (3) (b) is repealed and the following substituted:

(b) a statement of the municipal officer assigned responsibility under section 198 [corporate administration] setting out the facts under which the payment into court is made and the names of the owner at the time of the tax sale and the claimant.

69 Section 420 (5) (b) (ii) is repealed and the following substituted:

(ii) any lien of the Crown or an improvement district.

70 Section 428 (3) is repealed.

71 Section 440 is repealed and the following substituted:

Accounts for frontage taxes

440 The municipal officer assigned responsibility under section 199 [financial administration] must have proper accounts and records kept for every frontage tax.

72 Section 448 is amended by striking out "Except as provided in this Part, a council must not" and substituting "As a limitation on section 176 [corporate powers], a council must not, except as provided in this Part,".

73 Section 450 is repealed.

74 Sections 451 and 452 are repealed and the following substituted:

Liabilities beyond the current year

451 (1) A council may, under an agreement, incur a liability payable after the end of the current year if

(a) the liability is not a debenture debt, and

(b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement.

(2) Subsection (1) applies despite the following:

section 448 (a) [limits on incurring financial liability];

section 455 [loan authorization bylaws];

section 458 [counter petition opportunity required for borrowings];

section 461 (1) and (2) [security issuing bylaws].

(3) If an agreement under subsection (1) is

(a) for more than 5 years, or

(b) for a period that by exercising rights of renewal or extension could exceed 5 years,

the council must not incur the liability until it has provided a counter petition opportunity in relation to the proposed liability.

(4) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under subsection (3) must include the nature, term and amount of the liability.

(5) As an exception to subsection (3), a counter petition opportunity is not required for a liability to be incurred for the supply of materials, equipment or services under an agreement referred to in section 3 of the Police Act.

75 Section 454 is amended

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

(c) the debt and securities for it must be payable no later than 5 years from the date on which the securities were issued or the reasonable life expectancy of the work for which the debt is contracted, whichever is less. , and

(b) by adding the following subsection:

(7) A debt under this section must conform to the capital expenditure program adopted by bylaw under section 329 [capital expenditure program].

76 Section 455 is amended

(a) by adding the following subsection:

(2.1) As an exception to subsection (2), the funds borrowed or obligation incurred may be used for the purpose of providing assistance within the meaning of section 181 [definition of assistance] by

(a) lending to any person or public authority to which the municipality may provide assistance under Part 5 [Corporate Powers], or

(b) guaranteeing repayment of borrowing, or providing security for the borrowing, of a person or public authority referred to in paragraph (a),

but only if the assistance is provided under an agreement. , and

(b) by repealing subsections (5), (5.1) and (6) and substituting the following:

(5) The power to adopt a loan authorization bylaw may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw under section 280.3.

(6) A counter petition opportunity must not be provided in relation to a loan authorization bylaw unless the necessary consent or approval required by an Act has been obtained.

(7) The authority to borrow under a loan authorization bylaw ends,

(a) in the case of a loan authorization bylaw under subsection (2.1), at the end of the term of the agreement required by that subsection, and

(b) in other cases, 5 years from the date of adoption of the bylaw,

for any part of the amount authorized by the bylaw that has not already been used to secure temporary borrowing under section 460 or included under a security issuing bylaw.

(8) A debt used for a purpose referred to in subsection (2) must conform to the capital expenditure program adopted by bylaw under section 329 [capital expenditure program].

(9) The maximum term of a debt that may be authorized by a bylaw under subsection (1) is the lesser of

(a) 30 years, and

(b) the reasonable life expectancy of the work for which the debt is contracted.

(10) As an exception to subsection (9), the maximum term of the debt used or obligation incurred for a purpose referred to in subsection (2.1) is the remaining term of the agreement under which the assistance is provided.

77 Section 458 is repealed and the following substituted:

Counter petition opportunity required for borrowings

458 (1) Except as otherwise provided, the council must provide a counter petition opportunity in relation to a proposed bylaw under section 455 [loan authorization bylaws].

(2) A counter petition opportunity is not required if the money to be borrowed is for one or more of the following:

(a) local improvements;

(b) works under an order of the Inspector of Dikes;

(c) works required to be carried out pursuant to an order under section 32 of the Waste Management Act;

(d) works required to be carried out under the Environment Management Act pursuant to an order of the minister responsible for that Act or the Lieutenant Governor in Council.

(3) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under this section

(a) must include

(i) the amount proposed to be borrowed, and

(ii) the length of time for repayment, and

(b) may describe the proposed work by reference to a plan of the work.

(4) A bylaw referred to in subsection (1) may be amended or repealed without providing a counter petition opportunity if the inspector approves.

78 Section 458.1 is amended

(a) in subsection (1) by striking out "without the assent of the electors" and substituting "without providing a counter petition opportunity", and

(b) by repealing subsection (2).

79 Section 459 is amended

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

(c) the council has provided a counter petition opportunity in relation to the proposed bylaw. , and

(b) by repealing subsections (3) to (6) and substituting the following:

(3) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under subsection (2) (c) must include

(a) the total amount proposed to be borrowed under the bylaw,

(b) the works and services covered by the bylaw,

(c) the amount allocated by the bylaw to each of the specified works and services, and

(d) the beginning and ending dates of the authority to borrow under the bylaw.

(4) A debt under this section must conform to the capital expenditure program adopted by bylaw under section 329 [capital expenditure program].

(5) The maximum term of a debt that may be authorized by a comprehensive loan authorization bylaw is the lesser of

(a) 30 years, and

(b) the reasonable life expectancy of the work for which the debt is contracted.

(6) If a council exercises the option of seeking electors' assent to a comprehensive loan authorization bylaw, rather than providing a counter petition opportunity, any number of specified works and services is deemed to be a distinct purpose for the purposes of section 160 (1) [each vote must be for a distinct purpose].

(7) A bylaw under this section may be amended or repealed without providing a counter petition opportunity if the inspector approves.

(8) The authority to borrow under a comprehensive loan authorization bylaw ends 10 years from the date of the adoption of the bylaw for any part of the amount authorized by the bylaw that has not already been used to secure temporary borrowing under section 460 or included under a security issuing bylaw.

80 Section 465 (1) is amended by striking out "the mayor and municipal treasurer," and substituting "the mayor and the municipal officer assigned responsibility under section 199 [financial administration],".

81 Section 466 (1) is repealed and the following substituted:

(1) Unless otherwise specially authorized, debentures and other instruments relating to the contracting or repayment of debts that are authorized to be executed for a municipality must be signed by the mayor and the municipal officer assigned responsibility under section 199 [financial administration].

82 Section 468 is repealed and the following substituted:

Registration of debenture

468 (1) A debenture may contain or may have endorsed on it a provision to the following effect:

This debenture, or an interest in it, is not, after a certificate of ownership has been endorsed on it by the municipal officer assigned responsibility under section 199 [financial administration] of the Municipal Act for this municipality, transferable except by entry of that officer or that officer's deputy in the debenture registry book of the municipality at the ............ of ............

(2) On application of the owner of a debenture or an interest in it, the municipal officer assigned responsibility under section 199 [financial administration] must

(a) endorse on the debenture a certificate of ownership, and

(b) enter in the debenture registry book a record of the certificate, of every certificate subsequently given and a memorandum of every transfer of the debenture.

(3) A certificate of ownership must only be endorsed on a debenture on the written authority of the person last entered as its owner, the personal representative of that person or the attorney of either.

(4) The written authority referred to in subsection (3) must be retained by the municipal officer referred to in subsection (2).

(5) A debenture with a certificate of ownership endorsed on it is transferable only by entry in the debenture registry book made by the municipal officer referred to in subsection (2), after a transfer is authorized by the current owner, the personal representative of that person or the attorney of either.

(6) The municipal officer referred to in subsection (2) may cancel a certificate of ownership on the written request of the person named as owner, the personal representative of that person or the attorney of either.

(7) After a certificate of ownership is cancelled under subsection (6), the debenture is then payable to the bearer and transferable by delivery.

83 Section 474 is repealed and the following substituted:

Cancellation and destruction of debentures

474 If for any reason debentures are to be cancelled and destroyed, they must be cancelled and destroyed under the supervision of the mayor, the municipal officer assigned responsibility under section 199 [financial administration] and the auditor.

84 Section 478 (1) and (2) is repealed and the following substituted:

(1) If a bylaw or resolution authorizes the expenditure of money contrary to section 477,

(a) a council member who votes for the bylaw or resolution, and

(b) a municipal officer or other municipal employee who obeys the bylaw or resolution

is personally liable to the municipality for the amount.

(1.1) A municipal officer who personally disposes of money contrary to section 477 is personally liable to the municipality for the amount.

(2) It is a good defence to an action brought under this section against a municipal officer or other municipal employee if it is proved that the individual gave a written and signed warning to the council that the effect of the bylaw or resolution was to authorize use of money contrary to section 477.

85 Section 480 is repealed and the following substituted:

Requirement for separate accounts

480 The municipal officer assigned responsibility under section 199 [financial administration] must keep separate accounts to show at all times

(a) the state of each debt for which sinking fund debentures have been issued, and

(b) the amount of money raised and appropriated for the annual sinking fund requirement for the debt.

86 Section 482 (1) is repealed and the following substituted:

(1) The municipal officer assigned responsibility under section 199 [financial administration] must deposit all money to the credit of a sinking fund in a separate account in a savings institution.

87 Section 485 (2) (a) is repealed and the following substituted:

(a) be in writing, in a form approved by the council and signed by the mayor and the municipal officer assigned responsibility under section 199 [financial administration].

88 Section 486 is repealed.

89 Section 491 (1) is repealed and the following substituted:

(1) The inspector may require a municipal officer assigned responsibility under section 199 [financial administration] to submit a report showing the state of the sinking fund for any debt.

90 Section 493 is repealed and the following substituted:

Municipal financial officer must keep accounts

493 The municipal officer assigned responsibility under section 199 [financial administration] must keep accounts necessary to show at all times the amount of money raised, obtained and appropriated for each debt retirement fund.

91 Section 498 is amended

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

(2) The municipal officer assigned responsibility under section 199 [financial administration] must deposit the money referred to in subsection (1) in a savings institution when received. , and

(b) in subsection (4) (b) by striking out ", projects undertaken under section 303".

92 Section 499 (3) is repealed and the following substituted:

(3) Before adopting a bylaw under subsection (1), the council must provide a counter petition opportunity in relation to the proposed bylaw.

93 Section 505 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) a municipal officer or other municipal employee who obeys the bylaw or resolution , and

(b) by repealing subsection (4) and substituting the following:

(4) It is a good defence to an action brought under this section against a municipal officer or other municipal employee if it is proved that the individual gave a written and signed warning to the council that the effect of the bylaw or resolution was to authorize the use of money contrary to this Act.

94 Section 507 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) A council must require the municipal officer assigned responsibility under section 199 [financial administration], or other authorized official, to prepare by March 15 the municipal financial statements to December 31 of the preceding year.

(2) The financial statements must include

(a) balance sheets, which must be signed by the official required to prepare the statements,

(b) statements of revenue and expenditure, and

(c) other related statements and information directed by the inspector, or that may be required to comply with the regulations. , and

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

(6) Before April 1, the municipal officer assigned responsibility under section 199 [financial administration] must forward to the inspector a copy of the financial statements and the auditor's report.

95 Section 508 (3) is repealed and the following substituted:

(3) Promptly after a person is appointed or terminated as auditor, the designated municipal officer must give the person written notice of the appointment or termination.

96 Section 510 (3) is repealed and the following substituted:

(3) The auditor must file a copy of the notice of appeal under subsection (2) with the municipality.

97 Section 513 (4) is repealed and the following substituted:

(4) Money recovered under this section, less costs, must be paid to the municipal officer assigned responsibility under section 199 [financial administration], to be placed to the credit of the fund involved, or, if none, a fund directed by the court.

98 Section 517 is repealed and the following substituted:

Fire department

517 (1) A council may, by bylaw, establish a fire department or one or more fire brigades, voluntary or otherwise, with responsibility for

(a) fire suppression and prevention, and

(b) providing assistance in response to other classes of circumstances that are specified in the bylaw and that may cause harm to persons or property.

(2) Without limiting section 176 [corporate powers], if a municipality has an agreement with a public authority or a person to provide fire protection and assistance response by, for or on behalf of owners or occupiers of property inside or outside the municipality, that agreement may include provisions for payment or collection of agreed charges for that service.

(3) Section 599 [charges and rates for utilities outside municipalities] applies to the charges referred to in subsection (2) of this section.

99 Section 520 is repealed and the following substituted:

Municipality to pay cost of maintaining law and order

520 (1) Despite any Act or the letters patent incorporating a municipality, but subject to the Justice Administration Act and the Police Act, each municipality must bear the expense necessary to

(a) generally maintain law and order in the municipality,

(b) provide offices for the police force or police department,

(c) provide premises as a place of detention, and

(d) provide for the care and custody of persons held in a place of detention referred to in paragraph (c).

(2) The Minister of Finance and Corporate Relations may reimburse a municipality out of money appropriated for the purpose by paying an amount prescribed by the Lieutenant Governor in Council for the expense of the care and custody of a person who is detained in a place of detention and is within a class prescribed by the Lieutenant Governor in Council.

100 Section 522 is repealed and the following substituted:

Services for victims of crime

522 If a municipality enters into an agreement with the Provincial government for the administration and provision of services to assist victims of crime, those services may be administered and provided by the municipality

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

(b) directly or through another person or organization.

101 Section 524 (2) is amended by striking out "section 215" and substituting "section 245 [referendums to obtain electors' opinion]".

102 Section 526 is amended

(a) in subsection (1) by striking out ", and for that purpose acquire, accept and hold property either inside or outside the municipality",

(b) in subsection (2) by striking out ", and for one or more of those purposes acquire, accept and hold property",

(c) in subsection (3) by striking out ", and for that purpose acquire, accept and hold property", and

(d) by repealing subsection (4).

103 Section 527 (3) is repealed.

104 Section 528 is repealed and the following substituted:

Ambulance service

528 (1) A council may, by bylaw,

(a) establish an ambulance service for the municipality or for the municipality and adjacent areas, and

(b) establish the terms and conditions under which the service will be provided.

(2) If a municipality makes an agreement with another local government, the City of Vancouver or an improvement district to provide ambulance service to the residents of that other jurisdiction, all service charges for those residents remaining unpaid for 3 months are a debt payable by that other jurisdiction to the municipality providing the ambulance service.

105 Section 529 is amended

(a) by striking out "Despite sections 448, 451 and 452 the" and substituting "The",

(b) in paragraph (a) by striking out ", and for this purpose acquire, accept and hold property" , and

(c) by repealing paragraph (d).

106 Section 532 is repealed.

107 Section 539 is amended

(a) in subsection (1) by striking out "A council may, by bylaw," and substituting "Without limiting section 176 [corporate powers], a council may", and

(b) by repealing subsection (3).

108 Section 548 is repealed.

109 Section 550 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Without limiting section 176 [corporate powers], if a municipality owns, holds or manages a wharf, dock, warehouse or slip, the council may, by bylaw, regulate its use. ,

(b) in subsection (2) by striking out "powers" and substituting "power", and

(c) by repealing subsection (3).

110 Section 551 (d) is amended by striking out "Division 5 of Part 8" and substituting "Division 3 of Part 8 [Expropriation and Compensation]".

111 Section 552 is amended

(a) in subsection (1) by striking out "A council may purchase, construct, improve, extend, alter, remove, repair, maintain and operate one or more of the following:" and substituting "A council may acquire, manage, extend and remove one or more of the following:",

(b) in subsection (4) by striking out ", expropriate", and

(c) by repealing subsection (5).

112 Section 554 (5) is repealed and the following substituted:

(5) The designated municipal officer must make a full report to the inspector on all objections received.

113 Section 559 (5) is amended by striking out "A council" and substituting "Without limiting section 176 [corporate powers], a council".

114 Section 560 is amended

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

(b) plans and specifications of the works may be inspected at the municipal hall, and

(c) all claims for damages or compensation arising out of the construction, maintenance, operation or use of the works must be filed with the municipality within one month from the date of the fourth publication of the notice under this subsection. , and

(b) in subsection (4) by striking out "Division 5 of Part 8." and substituting "Division 3 of Part 8 [Expropriation and Compensation]."

115 Section 566 is amended

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

(2) If the council confirms the findings,

(a) the designated municipal officer must promptly mail a notice in accordance with subsection (3) to each owner affected, at the address shown for each owner on the last revised real property assessment roll, and

(b) all plans and findings must be made available for inspection at the municipal hall. ,

(b) by repealing subsection (3) (c) and substituting the following:

(c) a statement that all plans and findings for the project will be available for inspection at the municipal hall; , and

(c) by repealing subsections (4) and (5) and substituting the following:

(4) The obligation to give notice under subsection (2) is satisfied if the designated municipal officer made a reasonable effort to mail or otherwise deliver the notice.

(5) If the municipal officer assigned responsibility under section 198 [corporate administration] certifies that the period for petition has expired, or that a petition is insufficient, the council must promptly authorize the project to proceed.

116 Section 567 is repealed and the following substituted:

Completion of project

567 (1) On completion of the project, the engineer must deposit with the designated municipal officer a certificate that the work has been completed and a certificate of the engineer and the municipal officer assigned responsibility under section 199 [financial administration] showing the final cost of the project and the amount charged against each parcel.

(2) After receiving a cost certificate under subsection (1), the designated municipal officer must promptly mail a copy of it to each owner of land affected.

117 Section 570 (4) is repealed and the following substituted:

(4) On the council's confirmation of a revised award, the designated municipal officer must promptly mail a copy of it to each owner of land in the area.

118 Section 574 is amended

(a) by repealing subsection (2),

(b) in subsection (3) by striking out "and acquire all appliances, equipment, materials, land, easements and rights of way required for it",

(c) in subsection (4) by striking out ", and may acquire property, easements and rights of way for such a system", and

(d) by repealing subsection (7).

119 Section 576 is repealed.

120 Section 577 is amended

(a) by repealing subsection (1) (g),

(b) in subsection (2) by striking out "expropriate,", and

(c) by repealing subsection (3).

121 Section 584 (1) is amended by striking out "Subject to the Water Act," and substituting "Without limiting section 176 [corporate powers] but subject to the Water Act,".

122 Section 588 (1) is amended by striking out "sections 448, 451 and 452 do not" and substituting "section 448 [limits on incurring financial liability] does not".

123 Section 589 is amended

(a) in subsection (1) by striking out "A council may, by bylaw," and substituting "Without limiting section 176 [corporate powers], a council may",

(b) in subsection (4) by striking out "Division 5 of Part 8" and substituting "Division 3 of Part 8 [Expropriation and Compensation]", and

(c) in subsection (5) by striking out "Division 5 of Part 8." and substituting "Division 3 of Part 8."

124 Section 593 is repealed.

125 Section 594 (4) is repealed.

126 Section 599 (4) and (5) is repealed and the following substituted:

(4) If an amount has been added, the Minister of Finance and Corporate Relations or the municipal officer assigned responsibility under section 199 [financial administration] must pay that amount when collected to the municipality concerned.

(5) If an amount has been added and has not been previously paid,

(a) if the upset price is obtained at the time of selling the real property at a tax sale, the Minister of Finance and Corporate Relations or the municipal officer referred to in subsection (4) must pay the municipality concerned out of the proceeds of the sale the total amount due for utility charges in arrear, or

(b) if the upset price is not obtained and subsequently the property is sold, the proceeds of sale must be applied according to the respective interests in the upset price.

127 Section 600 is repealed.

128 Section 605 is repealed.

129 Section 607 is amended

(a) in subsection (1) by striking out "A council" and substituting "As a limitation on section 176 (1) (a) and (b) [corporate powers -- agreements], a council", and

(b) by repealing subsection (3) and substituting the following:

(3) Before approving the renewal of an agreement under subsection (2), the inspector may require that the assent of the electors be obtained or that the council provide a counter petition opportunity in relation to the proposed agreement.

130 Sections 610 and 611 are repealed and the following substituted:

Community use property

610 (1) In relation to property owned, held or managed by the municipality for pleasure, recreation or community uses of the public, the council

(a) may, by bylaw, regulate the use of the property, including closing to free use by the public all or part of any property at the times and for the periods considered advisable, and set and charge fees for admission to or use of the property that is closed, and

(b) may, under an agreement with another local government for the joint undertaking of the management and regulation of property referred to in this section, establish joint boards and committees to give effect to the agreement.

(2) A bylaw under subsection (1) (a) may set different fees for different classes of persons or activities.

(3) Property referred to in subsection (1) includes a public library, art gallery, museum, arena, exhibition building, heritage property and land to be used for the conservation of heritage property.

Creation and improvement of facilities

611 (1) Without limiting section 176 [corporate powers], a council may enter into an agreement with a public authority

(a) for the purpose of jointly managing facilities for community uses referred to in section 610 that are on a site

(i) owned or held by a party to the agreement, or

(ii) leased from the Provincial government by a party to the agreement, or

(b) for the purpose of contributing to the cost of managing facilities referred to in paragraph (a).

(2) If

(a) a work or service is provided under subsection (1) at the expense of a specified area or properties under Division 2 of Part 19 [Specified Areas], and

(b) the work or service is discontinued or taken over by a board of school trustees or a francophone education authority,

all remaining special charges, rates or taxes assessable against the real property are payable by the municipality.

131 Section 614 (3) is repealed and the following substituted:

(3) Before adopting a bylaw under subsection (1), the council must provide a counter petition opportunity in relation to the proposed bylaw.

132 Section 615 is amended

(a) in subsection (2) by striking out "The council" and substituting "Without limiting section 176 [corporate powers], the council", and

(b) by repealing subsection (3).

133 Section 616 is amended

(a) by repealing subsection (1) and substituting the following:

(1) As a limitation on section 176 (1) (e) [corporate powers -- delegation], the council of a city, town or district municipality may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members, delegate to a civic properties commission any or all of the administrative powers of the council over property

(a) owned, held or managed for pleasure, recreation or community uses of the public under Division 1 of this Part, including property relating to parks if no parks commission exists, or

(b) owned, held or managed for a purpose referred to in section 717 (3) [airports, harbours, parking and other facilities], and

(b) in subsection (4) by striking out "(3) and".

134 Section 627 (2) is repealed and the following substituted:

(2) A construction bylaw may not be enacted after one year from the date of the municipal officer's certificate under section 632 (2) [sufficiency of petition].

135 Section 629 (5) is repealed and the following substituted:

(5) The designated municipal officer must mail a notice under subsection (1) (b) to the owner at the address as set out in the last authenticated real property assessment roll and also to any later address known to the assessor.

136 Section 631 (2) is repealed and the following substituted:

(2) A petition must be filed with the municipality, and is deemed to be presented to the council when this is done.

137 Section 632 is amended

(a) by repealing subsections (1) to (3) and substituting the following:

(1) The sufficiency of a petition is to be determined by the municipal officer assigned responsibility under section 198 [corporate administration].

(2) A determination under subsection (1) must be evidenced by a certificate of the municipal officer, and is then final and conclusive.

(3) If the municipal officer determines that a petition is sufficient, it is deemed to have been and to be a sufficient petition, despite any changes made by the Court of Revision or by the court in the parcels to be specially charged that have the effect of increasing or reducing the number of those parcels. ,

(b) by repealing subsection (5) and substituting the following:

(5) If a petitioner is the owner of land but does not appear by the last authenticated real property assessment roll of the municipality to be the owner, the petitioner is deemed an owner if the petitioner's ownership is proved to the satisfaction of the municipal officer. ,

(c) by repealing subsection (8) (a) and substituting the following:

(a) the municipal officer may have witnesses summoned and examined under oath, and , and

(d) by repealing subsection (10) and substituting the following:

(10) After the municipal officer has certified the sufficiency of a petition, a person may not withdraw his or her name from the petition, and no name may be added to the petition.

138 Section 633 (2) is repealed and the following substituted:

(2) On completion of the execution and financing of a work, the municipal officer assigned responsibility under section 199 [financial administration] must submit to the council a certified statement setting out the cost of the work, and that cost is as certified.

139 Section 648 (7) is repealed and the following substituted:

(7) Before adopting a bylaw under subsection (6), the council must provide the electors in the whole of the municipality with a counter petition opportunity in relation to the proposed bylaw.

(8) In addition to the information required by section 242 (4), the notice of a counter petition opportunity under this section must include

(a) the total amount proposed to be borrowed,

(b) the part of the cost of the borrowing that is to be borne by the municipality, and

(c) the length of time for repayment.

140 Section 667 (1) is amended by striking out "A council may, by bylaw," and substituting "Without limiting section 176 [corporate powers], a council may, by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast,".

141 Section 699 (3) is amended by striking out "subsection 694" and substituting "section 694".

142 Section 700 is amended

(a) by repealing subsections (2) to (4) and substituting the following:

(2) A recommendation under subsection (1) must be given in writing to the designated municipal officer, who must

(a) notify the registered owner of the land to which the recommendation relates, and

(b) after notice under paragraph (a), place the matter before the council.

(3) After hearing the building inspector and the owner, the council may confirm the recommendations of the building inspector and pass a resolution directing the designated municipal officer to file a notice in the land title office stating that

(a) a resolution relating to that land has been made under this section, and

(b) further information about it may be inspected at the municipal hall.

(4) The designated municipal officer must ensure that all records are available for the purpose of subsection (3) (b). , and

(b) by repealing subsection (9) and substituting the following:

(9) This section and section 701 apply to a regional district as though the board was a council and a designated regional district officer was a designated municipal officer.

143 Section 701 is amended

(a) by repealing subsection (1) and substituting the following:

(1) On receiving a report from a building inspector that the condition that gave rise to the filing of the notice under section 700 (3) has been rectified, the designated municipal officer must file a cancellation notice and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates. , and

(b) by repealing subsections (3) and (4) and substituting the following:

(3) After hearing an applicant under subsection (2), the council may pass a resolution directing the designated municipal officer to file a cancellation notice.

(4) If a resolution has been passed under subsection (3), the designated municipal officer must file a cancellation notice in the land title office and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

144 Section 715 is repealed and the following substituted:

Reconsideration of delegate's decision

715 If a council delegates powers, duties or functions under this Division, the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the council reconsider the matter.

145 Section 716 (1) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) lay out, regulate and manage cemeteries, including the construction of crematoriums or columbariums; , and

(b) by repealing paragraph (d).

146 Section 717 is repealed and the following substituted:

Fees and charges in relation to airports, harbours, parking and other facilities

717 (1) Without limiting section 176 [corporate powers], if a council owns, holds or manages property for the purposes described in subsection (3) of this section, the council may charge and collect fees for

(a) access to or use of the property, and

(b) the use of space in all or a portion of the property.

(2) The fees may be different in relation to one or more of the following:

(a) different uses of property;

(b) different access to property;

(c) different portions of property;

(d) different classes of persons.

(3) The following are the purposes referred to in subsection (1):

(a) an airport, seaplane harbour or landing area for aircraft;

(b) a small boat harbour, shelter or marina;

(c) a manufactured home park;

(d) a slaughterhouse or abattoir;

(e) a market;

(f) a weigh house or weigh scales;

(g) off-street parking facilities.

147 Section 718 (3) (b) is repealed and the following substituted:

(b) its sufficiency has been determined by the municipal officer assigned responsibility under section 198 [corporate administration] in the manner for a petition for a work of local improvement.

148 Section 719 is repealed.

149 Section 721 (3) (a) is repealed and the following substituted:

(a) a certificate from the designated municipal officer or the improvement district secretary that charges under subsection (1) have been paid in full, or .

150 Section 773 (1) is amended

(a) by renumbering the section as section 773, and

(b) by repealing the definitions of "regional district secretary" and "regional district treasurer".

151 Section 774 is repealed and the following substituted:

Application of other provisions

774 In the application of the other provisions of this Act to this Part, references are to be read as follows:

Reference To be read as
municipality................... regional district
council.......................... board
mayor........................... chair
councillor...................... director
municipal officer............ regional district officer

152 Sections 778 to 779.3 are repealed.

153 Section 783 (7) (b) is repealed and the following substituted:

(b) the municipal officer assigned responsibility under section 198 [corporate administration] must notify the equivalent regional district officer of the assignment made under paragraph (a).

154 Section 784 is amended

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

(a) begins when the person takes office in accordance with section 210 (3) [oath of office], and , and

(b) by repealing subsection (3) and substituting the following:

(3) The following sections apply to municipal directors:

section 210 [oath of office for council members];

section 211 [disqualification for failure to take oath];

section 212 [resignation from office];

section 213 [application to court for disqualification];

section 214 [resolution declaring disqualification].

155 Section 785 is amended

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

(2) The sections referred to in section 784 (3) apply to electoral area directors. , and

(b) by repealing subsection (3) (a) and substituting the following:

(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3) [oath of office], whichever is later, and .

156 Section 786 (2) to (4) is repealed and the following substituted:

(2) On behalf of an absent municipal director, the alternate director appointed under subsection (1) may take the place of, vote and generally act in all matters for the absent municipal director, including in relation to a matter delegated to that director by the board.

(3) If the council appoints an alternate director, the municipal officer assigned responsibility under section 198 [corporate administration] must notify the equivalent regional district officer of the appointment in writing.

(4) An alternate director holds office as alternate director until another council member is appointed as a replacement and the regional district officer assigned responsibility under section 198 [corporate administration] has been notified of the new appointment.

157 Section 787 is amended

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

(2) On behalf of an absent electoral area director, the alternate director appointed under subsection (1) may take the place of, vote and generally act in all matters for the absent electoral area director, including in relation to a matter delegated to that director by the board. , and

(b) by repealing subsection (3) (b) and substituting the following:

(b) the director notifies the regional district officer assigned responsibility under section 198 [corporate administration] in writing of the appointment of the alternate.

158 Section 790 (3) is repealed and the following substituted:

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

159 Section 791 (10) is repealed and the following substituted:

(10) Section 230 (1) and (2) [voting at council meetings] and section 231 (1) to (8) [council member declaration if not entitled to vote] apply to all meetings of the board.

160 Section 792 is amended

(a) by repealing subsection (5) and substituting the following:

(5) The chair has the same powers and duties in relation to a regional district as the mayor of a municipality has in relation to a municipality under the following sections:

section 218 [powers and duties of mayor];

section 219 [mayor may return bylaw for reconsideration];

section 239 (1) [establishment of standing committees], and

(b) in subsection (6) by striking out "section 189," and substituting "section 219,".

161 Section 793 is amended

(a) by repealing subsection (3) and substituting the following:

(3) On the request of the chair or of any 2 directors, the regional district officer assigned responsibility under section 198 [corporate administration] must call a special meeting by notice that

(a) states the general purpose and the day, hour and place of the meeting, and

(b) is mailed at least 5 days before the date of the meeting to each director at the address given by the director to that regional district officer for that purpose. , and

(b) by repealing subsection (7) and substituting the following:

(7) The following sections apply to meetings of the board:

section 225 [attendance of public at meeting];

section 226 [expulsion from meeting for improper conduct];

section 227 (1) [mayor to preside];

section 228 [points of order];

section 229 [appeal from decision of mayor];

section 236 [minutes of council proceedings].

162 Section 794 is amended

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

(2) A procedural bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the regional district officer assigned responsibility under section 198 [corporate administration] for that purpose, at least 5 days before the meeting at which the amendment is to be introduced. , and

(b) by repealing subsection (5) and substituting the following:

(5) The following apply for the purposes of this Part:

section 232 (1) and (2) [exercise of powers by bylaw or resolution];

section 237 [minutes of committees];

section 240 [witnesses at council or committee meetings];

section 257 (1), (3) and (5) [requirements for passing bylaws];

section 259 [when a bylaw comes into force];

section 259.1 [exercise of powers though municipal code];

section 259.2 [evidence of bylaw];

section 259.3 [bylaws must be available for public inspection];

Division 2 of Part 6 [Challenge of Bylaws];

Division 3 of Part 6 [Enforcement of Bylaws], except section 270 [application of taxes and fines];

Division 5 of Part 6 [Consolidation and Revision of Bylaws].

163 Section 795 (2) and (3) is repealed.

164 Section 796 is repealed and the following substituted:

General powers

796 (1) Subject to this Act, a regional district has the following rights for the purposes of exercising or performing its powers, duties and functions:

(a) to make rules for the provision, operation and administration of a service, and for the management of property under its control with the right to set conditions respecting access to and use of that property;

(b) to expropriate real property or works, or an interest in them, in accordance with the Expropriation Act;

(c) when operating a service under section 798 (1) (a), (b), (c) or (d) [sewer, water or waste services] or under a regulation under section 800 [additional local or extended services], to authorize its agents or employees to enter on, break up, take or enter into possession of and use real and personal property without the consent of the owners of the property;

(d) to exercise the same powers, subject to the same conditions, that are conferred on a council by section 311 [entry on land to mitigate damage];

(e) if an emergency arises with respect to a local or extended service being provided in its jurisdiction, to adopt a bylaw by at least 2/3 of the votes cast declaring that the emergency exists and, after adoption of the bylaw, to exercise the necessary powers to deal with it;

(f) to exercise a power conferred by subsection (2);

(g) to do anything incidental or conducive to the exercise of any power given to it under or by virtue of this Act.

(2) Without limiting the powers given by this Act, the minister may, by order, confer on a regional district further powers for the management and disposal of its assets as the minister considers necessary or advisable.

(3) If a regional district exercises a power under subsection (1) (b), (c) or (d), the following sections apply:

section 309 (2) [compensation for expropriation];

section 312 [compensation for non-expropriation actions];

section 313 [funding for expropriation and mitigation].

165 Section 797 is amended

(a) by repealing subsection (1) (f) and substituting the following:

(f) providing assistance under section 176 (1) (c) [corporate powers -- assistance], other than assistance under a partnering agreement referred to in section 183 [assistance under partnering agreements]; , and

(b) by repealing subsection (1) (h) and substituting the following:

(h) the giving of grants to an applicant for a business promotion scheme under section 253 [mountain resort business improvement areas].

166 Section 798 is amended

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

(k.1) ports; ,

(b) by repealing subsection (7) and substituting the following:

(7) If a board adopts a bylaw under subsection (1) (e), (f), (o) or (p), section 610 (1) (b) [joint boards and committees for community use property] and section 611 (1) [joint management agreements] apply. ,

(c) by repealing subsection (11) and substituting the following:

(11) Without limiting section 176 [corporate powers], if a board enters into a mutual aid agreement respecting the use of fire fighting and assistance response equipment and personnel in fire suppression and assistance response, that use may be undertaken inside or outside the service area. , and

(d) by adding the following subsection:

(12.1) If a board adopts a bylaw under subsection (1) (k.1), section 550 [wharves] and section 717 [fees and charges in relation to airports, harbours, parking and other facilities] apply.

167 Section 799 (3) is repealed and the following substituted:

(3) If a board adopts a bylaw under subsection (1) (j), Part 27 [Heritage Conservation] applies and the following sections in relation to heritage property apply:

section 256 [general heritage conservation authority];

section 302 [power to reserve land for public purpose];

section 303 [power to dedicate land for public purpose];

section 304 [power to cancel the dedication of a highway];

section 314 [power to accept property on trust];

section 612 [grants of parks and heritage property].

168 Section 800 (3) (c) is amended by striking out "section 796 (1) (f)," and substituting "section 796 (1) (c),".

169 Section 801 is amended

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

(2) Section 251 [additional powers and exceptions may be granted to municipalities] applies for the purposes of subsection (1). , and

(b) by repealing subsection (3) (a) and (b) and substituting the following:

(a) confer an authority otherwise available to a regional district, including any power that may be granted under section 796 (1) (e) or (g) or (2) or 800;

(b) anything prohibited under section 251 (2) (b) to (e); .

170 Section 806 (4) is repealed and the following substituted:

(4) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw establishing a local service or extended service with the inspector after the bylaw has been adopted.

171 Section 809 (14) is repealed and the following substituted:

(14) Any question as to the sufficiency or accuracy of a counter petition or copy of a counter petition received by a board or council must be determined by the local government officer assigned responsibility under section 198 [corporate administration].

172 Section 812 (1) is repealed and the following substituted:

(1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area and, on submission, the provisions of section 632 [sufficiency of petition] apply.

173 Section 813 (10) is repealed and the following substituted:

(10) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw under this section with the inspector after it has been adopted.

174 Section 814 (1) is repealed and the following substituted:

(1) The regional district officer assigned responsibility under section 199 [financial administration] must keep separate financial records for each service performed in the regional district that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details.

175 Section 815 (1) is amended by striking out "fees and charges payable under Part 26 or rates or charges under section 234," and substituting "fees and charges payable under Part 26 [Management of Development] or rates or charges under section 253 [mountain resort business improvement areas],".

176 Section 819 is amended

(a) in subsection (1) by striking out "must adopt the provisional budget" and substituting "must, by bylaw, adopt the provisional budget",

(b) by repealing subsection (3) and substituting the following:

(3) The designated regional district officer must mail a copy of the provisional budget to each municipality and to the inspector.

(3.1) The provisional budget remains in effect until the annual budget is adopted. ,

(c) by repealing subsections (5) and (6) and substituting the following:

(5) The designated regional district officer must forward to each municipality a copy of the annual budget as adopted.

(6) A bylaw adopting the annual budget has no effect until a copy of the bylaw, signed by the chair of the meeting at which it was adopted and certified to be a true copy by the regional district officer assigned responsibility under section 198 [corporate administration], is registered with the inspector. , and

(d) by repealing subsection (10) and substituting the following:

(10) The limit of the budgeted expenditure for providing assistance under section 797 (1) (f) is the amount that would be obtained by a levy of $0.10 per $1 000 on the net taxable value of land and improvements in the regional district.

177 Section 820 is amended

(a) in subsection (3) by striking out "section 797 (a), (d) and (f)" and substituting "section 797 (1) (a) [general administration], (d) [planning services] and (f) [granting assistance] ",

(b) in subsection (4) by striking out "section 797 (d) (i)" and substituting "section 797 (1) (d) (i) [regional growth strategy]",

(c) by repealing subsection (5) and substituting the following:

(5) Despite subsection (3), a board may provide that assistance under 797 (1) (f) is to be apportioned among the municipalities or electoral areas benefiting from the assistance, but the total of all assistance for which a municipality or electoral area may be charged under this section must not exceed the limit in section 819 (10) [annual budget]. ,

(d) in subsection (6) by striking out "section 797 (b)" and substituting "section 797 (1) (b) [electoral area administration]",

(e) in subsection (7) by striking out "section 797 (c)" and substituting "section 797 (1) (c)",

(f) in subsection (11) by striking out "section 797 (e)" and substituting "section 797 (1) (e) [administration of local community commissions]", and

(g) by repealing subsection (12) and substituting the following:

(12) As soon as practicable after the relevant information is available, the assessment commissioner must provide to the designated regional district officer and to the inspector

(a) the net taxable value of land and improvements, and

(b) the converted value of land and improvements

in each municipality, electoral area and participating area.

178 Section 821 (1) is repealed and the following substituted:

(1) If adjustments are made under the Assessment Act to the values referred to in section 820 (12), the assessment commissioner must provide particulars to the designated regional district officer and to the inspector.

179 Section 822 (1) is repealed and the following substituted:

(1) On or before April 10 in each year, the designated regional district officer must send to each municipality a requisition in respect of each service stating the amount required for the service during the year from the municipality.

180 Section 823 (1) is repealed and the following substituted:

(1) On or before April 10 in each year, the designated regional district officer must send to the inspector a requisition in respect of each service stating the amount required during the year in respect of each electoral participating area.

181 Section 828 is repealed and the following substituted:

Liabilities beyond the current year

828 (1) As a limitation on section 176 [corporate powers], a board must not incur a liability beyond the amount of revenue of the regional district for the current year except as provided in this Part.

(2) A board may, under an agreement, incur a liability payable after the end of the current year if

(a) the liability is not a debenture debt, and

(b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement.

(3) If an agreement under subsection (2) is

(a) for more than 5 years, or

(b) for a period that by exercising rights of renewal or extension could exceed 5 years,

the board must not incur the liability until it has provided a counter petition opportunity in relation to the proposed liability in the service area or service areas in respect of which the liability is incurred.

(4) For the purposes of subsection (3), the notice under section 809 (3) [assent of electors by counter petition] must also include the nature, term and amount of the liability.

182 Section 830 is amended

(a) by repealing subsection (5) and substituting the following:

(5) A debt contracted under subsection (1) and securities for it must be payable no later than 5 years after the date on which the securities were issued or the reasonable life expectancy of the work for which the debt is contracted, whichever is less. , and

(b) by adding the following subsection:

(9) A debt under this section must be included in the capital expenditure bylaw prepared under section 834 (2) [provisions applicable to loan and security bylaws].

183 Section 831 is amended

(a) by adding the following subsection:

(1.01) A board may, by a loan authorization bylaw, borrow money or incur an obligation for the purpose of providing assistance within the meaning of section 181 [definition of assistance] by

(a) lending to any person or public authority to which the regional district may provide assistance under Part 5 [Corporate Powers], or

(b) guaranteeing repayment of borrowing, or providing security for the borrowing, of a person or public authority referred to in paragraph (a),

but only if the assistance is provided under an agreement. ,

(b) by adding the following subsection:

(4.1) As an exception to subsections (2) to (4), if the provisions of sections 807 to 812 require the assent of the electors to a bylaw under this section, then that assent may be given through a counter petition opportunity. ,

(c) by repealing subsection (9) and substituting the following:

(9) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw under this section with the inspector after it has been adopted. ,

(d) by adding the following subsection:

(11.1) As an exception to subsection (11), a loan authorization bylaw under subsection (1.01) expires at the end of the term of the agreement required by that subsection and after that date the regional district may only, in accordance with the bylaw and this Act,

(a) adopt a security issuing bylaw respecting the outstanding debt created under the authority of the bylaw as the debt exists at that date, or

(b) enter into other borrowing contracts respecting that debt. , and

(e) by adding the following subsections:

(13) A debt under subsection (1) must be included in the capital expenditure bylaw prepared under section 834 (2) [provisions applicable to loan and security bylaws].

(14) The maximum term of a debt that may be authorized by a bylaw under subsection (1) is the lesser of

(a) 30 years, and

(b) the reasonable life expectancy of the work for which the debt is contracted.

(15) The maximum term of a debt or obligation that may be authorized by a bylaw under subsection (1.01) is the remaining term of the agreement under which the assistance is provided.

184 Section 831.1 (2) is repealed.

185 Section 837 is repealed and the following substituted:

Services to public authorities

837 (1) If a regional district makes an agreement with a public authority to provide services to or for the public authority that are within the powers of the public authority, the entire cost of providing the service under the agreement is a debt owed to the regional district by the public authority.

(2) A service provided under an agreement referred to in subsection (1) may be provided inside the boundaries of another regional district if that other regional district consents.

186 Section 838 (6) (b) is repealed.

187 Section 841 (2) is repealed.

188 Section 844 (2) is amended by striking out "Despite section 225" and substituting "Despite section 182 [prohibition against assistance to business]".

189 Section 845.1 (2) is amended by striking out "Despite section 225" and substituting "Despite section 182 [prohibition against assistance to business]".

190 The following section is added:

Tax exemptions under a partnering agreement

845.3 (1) A board may, by bylaw, exempt from taxation under this Part, all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the regional district, during all or part of the term of the agreement.

(2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose.

(3) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for a period that by exercising rights of renewal or extension could exceed 5 years, then the board must provide a counter petition opportunity in relation to the proposed bylaw.

(4) An exemption under this section takes effect as follows:

(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year;

(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year.

(5) If, because of a change in the use or ownership of property exempted from taxation by bylaw under this section the property no longer meets the requirements for exemption, the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.

191 Section 847 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The following apply to a regional district and its board:

section 255 [indemnification against proceedings];

Division 1 of Part 7 [Proceedings by Municipality];

Division 2 of Part 7 [Proceedings against Municipality];

section 293 (2) and (3) [writ of execution against municipality];

section 294 [copy of writ to be left with municipal officer];

section 297 [officers of municipality as officers of court];

section 298 [certain municipal property exempt from seizure], and

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

(a) for a payment authorized under section 255, .

192 Section 848 is amended by repealing the definitions of "first nation" and "greater board".

193 Section 868 (1) is amended by striking out "A local government" and substituting "Without limiting section 176 [corporate powers], a local government".

194 Section 872 is amended by repealing the definition of "greater board".

195 Section 885 (3) is repealed and the following substituted:

(3) Section 241 [petitions to council] applies to a petition under this section.

196 Section 891 is repealed and the following substituted:

Delegating the holding of public hearings

891 (1) If, under section 176 (1) (e) [corporate powers -- delegation], a local government makes a delegation in relation to one or more public hearings,

(a) that delegation does not apply to a hearing unless the notice of hearing under section 892 includes notice that the hearing is to be held by a delegate, and

(b) the resolution or bylaw making the delegation must be available for public inspection along with copies of the bylaw referred to in section 892 (2) (e).

(2) If the holding of a public hearing is delegated, the local government must not adopt the bylaw that is the subject of the hearing until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing.

197 Section 905 (2) (d) is repealed and the following substituted:

(d) rents and lease, sale or share prices that may be charged, and the rates at which these may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.

198 Section 920 is amended by adding the following subsection:

(12) If a local government delegates the power to issue a development permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter.

199 Section 921 is amended by adding the following subsection:

(15) If a local government delegates the power to issue a temporary commercial or industrial use permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter.

200 Section 922 is amended by adding the following subsection:

(8) As a limitation on section 176 (1) (e) [corporate powers -- delegation], a local government may not delegate the issuance of a development variance permit.

201 Section 925 is amended by adding the following subsection:

(4) If a local government delegates the power to require security under subsection (1), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined.

202 Section 929 (4) is amended by striking out "Division 5 of Part 8" and substituting "Division 3 of Part 8 [Expropriation and Compensation]".

203 Section 933 is amended by adding the following subsection:

(11) As a limitation on section 176 (1) (c) [corporate powers -- assistance] and section 183 [assistance under partnering agreements], a local government must not provide assistance by waiving or reducing a charge under this section.

204 Section 937.1 is amended

(a) in subsection (2) by striking out "Subject to this section," and substituting "As a limitation on section 176 (1) (a) and (b) [corporate powers -- agreements] and subject to this section,", and

(b) by repealing subsection (10) and substituting the following:

(10) A bylaw that provides for borrowing under subsection (2) (e) is deemed to be a loan authorization bylaw under Part 12, except that a counter petition opportunity as referred to in section 458 [counter petition opportunity required for borrowings] is not required.

205 Section 944 (3) is amended by striking out "A local government may" and substituting "As a limitation on section 176 (1) (e) [corporate powers -- delegation], a local government may only".

206 Section 946.2 (2) (d) and (e) are renumbered as section 946.2 (2) (c) and (d).

207 Section 946.3 is repealed.

208 Section 947 (2) is amended by repealing the definition of "delegate" and substituting the following:

"delegate" means, in relation to a power or duty, a person given authority under section 176 (1) (e) [corporate powers -- delegation] to exercise that power or duty; .

209 Section 950 is amended

(a) in subsection (3) by striking out "under section 951", and

(b) by repealing subsection (4) and substituting the following:

(4) The applicant or owner of property subject to a decision made by a delegate is entitled to have the local government reconsider the matter.

210 Section 951 is repealed.

211 Section 953 (4) is amended by striking out "Subject to section 196," and substituting "Subject to section 226 [expulsion from meeting for improper conduct],".

212 Section 971 (3) is amended by striking out "under section 951".

213 Section 973 is amended by adding the following subsection:

(8) If a local government delegates the power to require security under subsection (2) (c), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined.

214 Section 989 (2) (e) (ii) is repealed and the following substituted:

(ii) a space in which, if the owner signs the consent and returns it to the municipality, the owner must set out

(A) the market or true value of the real property, and

(B) the amount or proportion the owner considers to be the value of the owner's interest.

215 Section 990 (3) (c) (ii) is repealed and the following substituted:

(ii) if the true or market values of an interest in real property cannot be determined from the information supplied by owners of a parcel under section 989 (2) (e), the designated municipal officer must assess and determine the values for the purposes of subparagraph (i) from whatever records or information are available to that municipal officer; .

216 Section 991 is repealed and the following substituted:

Consents binding on owners once given

991 (1) At any time before the commissioner gives his or her decisions under section 1007 (3), the designated municipal officer must receive from any owner the consent in writing referred to in section 989 (2) (e).

(2) An owner who mails or delivers a consent to the municipality is bound by it, and no claims against the municipality may be allowed on matters specifically agreed to in the consent.

217 Section 993 (1) is repealed and the following substituted:

(1) A copy of the resolution referred to in section 990 (1) [initiation of replotting], adopted by the council and certified by the municipal officer assigned responsibility under section 198 [corporate administration], together with the plans referred to in section 989 (2) (a), must be filed in the land title office.

218 Section 994 (3) is repealed and the following substituted:

(3) A person subsequently dealing with an affected parcel is not entitled to notice unless the person has

(a) given the designated municipal officer written notice of the person's purchase or claim and evidence of its registration, and

(b) provided that municipal officer with an address to which notices may be mailed.

219 Section 995 (2) (a) is repealed and the following substituted:

(a) the municipal officer assigned responsibility under section 198 [corporate administration] must file in the land title office a copy of the resolution to discontinue, certified under that officer's signature, and .

220 Section 996 (1) (a) and (b) is amended by striking out "signed by the municipal clerk and sealed with the seal of the municipality," and substituting "signed by the municipal officer assigned responsibility under section 198 [corporate administration],".

221 Section 1002 (5) is amended by striking out "before the municipal clerk:" and substituting "before the municipal officer assigned responsibility under section 198 [corporate administration]:".

222 Section 1004 is amended

(a) in subsection (1) by striking out "the municipal clerk" in both places and substituting "the designated municipal officer", and

(b) by repealing subsections (3) and (4) and substituting the following:

(3) The designated municipal officer may, in his or her discretion, send with any one or more of the notices a copy of the plan of replotting or any portion of it on the same or a different scale.

(4) The designated municipal officer must keep a record of all notices given under this section by showing, opposite the names of the owners of the parcels in the district, the names of the persons to whom notices were sent and the parcels concerned and the date and method of giving each notice.

223 Section 1005 (b) is repealed and the following substituted:

(b) the time must be not less than 40 days and not more than 90 days after the designated municipal officer has given the notices referred to in section 1004.

224 Section 1006 (10) is repealed and the following substituted:

(10) The commissioner or, in the absence of the commissioner, the municipal officer assigned responsibility under section 198 [corporate administration] may adjourn the hearing from time to time and from place to place, whether or not any person interested is present at the time of the adjournment.

225 Section 1008 (3) and (4) is repealed and the following substituted:

(3) The person appealing must, within 10 days after the decision complained of, serve on the municipality a written notice of intention to appeal, setting out the grounds of appeal.

(4) The appeal must be made on petition and 5 days' notice of the time for hearing the appeal must be given to the municipality.

226 Section 1009 (5) is repealed and the following substituted:

(5) Payment into court under subsection (4) must be accompanied by a certificate of the municipal officer assigned responsibility under section 198 [corporate administration] giving particulars of the person to whom and the land for which the compensation was proposed or awarded, and the district registrar must give that municipal officer a receipt, attached to or endorsed on a copy of the officer's certificate.

 
Consequential and Related Amendments

 
Agricultural Land Commission Act

227 Section 12 (3) of the Agricultural Land Commission Act, R.S.B.C. 1996, c. 10, is repealed and the following substituted:

(3) Sections 890 and 891 of the Municipal Act apply to the hearing referred to in subsection (2).

228 Section 34 (3) is repealed and the following substituted:

(3) Subject to the approval of the commission, if the designated local government officer considers that a case of hardship exists, he or she may waive the application fee payable under section 33 (3).

 
Assessment Act

229 Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by repealing the definition of "clerk".

230 Section 7 (2) is repealed and the following substituted:

(2) The assessor must return the completed roll to the appropriate municipality or to the Provincial Collector, as the case may be, as soon as possible after it has been completed.

231 Section 23 (6) is amended by striking out "or under section 303 of the Municipal Act,".

232 Section 31 (4) is repealed and the following substituted:

(4) Every member of a Court of Revision must, before entering on his or her duties, take and subscribe an oath or affirmation, in the form prescribed by the regulations, before a municipal officer assigned responsibility under section 198 of the Municipal Act or before a government agent.

233 Section 32 (2) is repealed and the following substituted:

(2) A complaint against the assessment roll or any individual entry in the assessment roll, on any ground whatever, may be made by

(a) the council of a municipality, by its designated municipal officer, solicitor, or authorized agent,

(b) the Minister of Finance and Corporate Relations,

(c) the commissioner, or

(d) the assessor,

and the Court of Revision must deal with the complaint, and either confirm or alter the assessment.

 
British Columbia Transit Act

234 Section 1 (1) of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, is amended by repealing the definition of "secretary".

235 Section 8 (7) is amended by striking out "section 324 of the Municipal Act" and substituting "sections 309 (2) and 312 of the Municipal Act".

 
Building Safety Standards Act

236 Section 1 of the Building Safety Standards Act, R.S.B.C. 1996, c. 42, is amended by repealing the definition of "building code" and substituting the following:

"building code" means the building code under Division 1 of Part 21 of the Municipal Act.

 
Cemetery and Funeral Services Act

237 Section 18 of the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, is amended

(a) by repealing subsection (1) (a) and substituting the following:

(a) subject to section 195 of the Municipal Act, incorporate a company, or , and

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

(a) subject to section 195 of the Municipal Act, incorporate a company, or .

 
Columbia Basin Trust Act

238 Section 6 (1) of the Columbia Basin Trust Act, R.S.B.C. 1996, c. 53, is repealed and the following substituted:

(1) For the purposes of this section and section 5 (1) (a) to (e), an individual is appointed as a director by the board of a regional district if there is provided to the minister by the regional district officer assigned responsibility under section 198 of the Municipal Act

(a) a statement confirming the director's appointment, signed by that regional district officer, and

(b) a consent to act as a director for the corporation, signed and dated by the appointee within 90 days before the date on which the consent is provided to the minister.

239 Section 7 (1) (a) is repealed and the following substituted:

(a) a statement revoking the director's appointment, signed by the officer of that board assigned responsibility under section 198 of the Municipal Act, and .

 
Court Order Enforcement Act

240 Section 116 of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78, is amended by striking out "A Provincial or municipal assessor" and substituting "An assessor".

 
Drainage, Ditch and Dike Act

241 Section 1 of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is amended

(a) by adding the following definition:

"clerk", in relation to a municipality, means the municipal officer assigned responsibility under section 198 of the Municipal Act; , and

(b) in the definition of "municipality" by striking out ", except a local district municipality" .

242 Section 23 (1) is repealed and the following substituted:

(1) If land or roads in 2 or more municipalities are affected, the clerk of the municipality in which proceedings were commenced must forward to the clerk of each of the other municipalities a certified copy of every certificate affecting or relating to land or roads in that other municipality, and the other municipality must pay the sum for which land and roads within its limits are liable to the municipality in which proceedings were commenced.

243 Section 46 is repealed and the following substituted:

Payment of contractor and engineer

46 The municipality in which proceedings for the work were commenced must pay the contractor for the rock cutting or blasting and removal as soon as done to the satisfaction and on the certificates of the engineer, and must pay the fees and charges of the engineer in connection with it.

244 Section 54 (2) is repealed and the following substituted:

(2) A fine under subsection (1) must be paid to the municipality in which the offence arose.

 
Emergency Communications Corporations Act

245 Section 4 (3) of the Emergency Communications Corporations Act, S.B.C. 1997, c. 47, is amended by striking out "Despite sections 216 (2) and 796 (1) (d) of the Municipal Act," and substituting "Despite section 195 of the Municipal Act,".

 
Emergency Program Act

246 Section 1 (1) of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by repealing the definition of "electoral area" and substituting the following:

"electoral area" means an electoral area as defined in the Municipal Act; .

 
Evidence Act

247 Section 28 of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed and the following substituted:

Evidence of documents and proceedings of corporations

28 (1) If the original record, including a document, bylaw, rule, regulation, proceeding or entry in a register or book of a municipality, regional district or other corporation created by charter or by a statute of Canada or a province, could be admitted in evidence, a copy of that record that

(a) purports to be certified under the seal of the corporation, and

(b) purports to be signed by the local government officer assigned responsibility under section 198 of the Municipal Act or the presiding officer, clerk or secretary of the corporation

is admissible in evidence without further proof of the record or proof of the seal, signature or official position of the person signing the copy.

(2) If the original record, including a document, bylaw, rule, regulation, proceeding or entry in a register or book of a municipality or regional district could be admitted in evidence, a copy of that record that purports to be certified a true copy by the local government officer assigned responsibility under section 198 of the Municipal Act is admissible in evidence without further proof of the record or proof of the signature or official position of the person signing the copy.

248 Section 60 (f) and (g) is repealed and the following substituted:

(f) the local government officer assigned responsibility under section 198 of the Municipal Act and that person's deputy; .

 
Financial Disclosure Act

249 Section 1 of the Financial Disclosure Act, R.S.B.C. 1996, c. 139, is amended by repealing paragraph (b) of the definition of "disclosure clerk" and substituting the following:

(b) for a written disclosure filed by a municipal official or municipal employee,

(i) in the case of an official or employee in relation to a municipality or regional district, the local government officer assigned responsibility under section 198 of the Municipal Act,

(ii) in the case of an official or employee in relation to the board of a school district, the secretary treasurer of the school district, and

(iii) in the case of an official or employee in relation to a francophone education authority, the chief executive officer of the authority, and .

 
Fire Services Act

250 Section 23 (2) and (3) of the Fire Services Act, R.S.B.C. 1996, c. 144, is repealed and the following substituted:

(2) If the land on which the premises are located is in a municipality, the fire commissioner must certify to the municipal officer assigned responsibility under section 199 of the Municipal Act the costs actually and necessarily incurred in carrying out the order.

(3) The municipal officer referred to in subsection (2) must pay the amount to the fire commissioner from the ordinary revenue of the municipality.

 
Forest Act

251 Section 140 (1) (c) of the Forest Act, R.S.B.C. 1996, c. 157, is repealed and the following substituted:

(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government officer assigned responsibility under section 198 of the Municipal Act, the deputy of that officer or some similar local government officer.

 
Forest Land Reserve Act

252 Section 20 (2) (b) of the Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is amended by striking out "section 4 of the Municipal Act" and substituting "section 6.4 of the Municipal Act".

 
Forest Practices Code of British Columbia Act

253 Section 164 (1) (c) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is repealed and the following substituted:

(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government officer assigned responsibility under section 198 of the Municipal Act, the deputy of that officer or some similar local government officer.

 
Freedom of Information and Protection of Privacy Act

254 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "local government body"

(a) in paragraph (c) by striking out "regional district as defined in section 773 of the Municipal Act," and substituting "regional district as defined in the Municipal Act,", and

(b) in paragraph (f) by striking out "greater board as defined in section 872 of the Municipal Act" and substituting "greater board as defined in the Municipal Act".

 
Greater Vancouver Sewerage and Drainage District Act

255 Section 7 (1b) of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is repealed and the following substituted:

(1b) Sections 186 and 187 of the Municipal Act apply to the land that is proposed to be alienated under subsection (1) (c).

256 Section 18 is repealed and the following substituted:

Secretary

18. In addition to the duties and powers established by the Board, the Secretary has the duties and powers of the municipal officer assigned responsibility under section 198 of the Municipal Act.

257 Section 20 is repealed and the following substituted:

Treasurer

20. In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of the municipal officer assigned responsibility under section 199 of the Municipal Act.

258 Section 58 (6) is amended by striking out "The clerks, assessors, collectors, and other officers of the defaulting municipality" and substituting "The officers of the defaulting municipality".

 
Greater Vancouver Water District Act

259 Section 5 (3) of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is repealed and the following substituted:

(3) Sections 186 and 187 of the Municipal Act apply to the land that is proposed to be alienated under subsection (1) (d).

260 Section 21 is repealed and the following substituted:

Secretary

21. In addition to the duties and powers established by the Board, the Secretary has the duties and powers of the municipal officer assigned responsibility under section 198 of the Municipal Act.

261 Section 23 is repealed and the following substituted:

Treasurer

23. In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of the municipal officer assigned responsibility under section 199 of the Municipal Act.

 
Health Act

262 Section 29 of the Health Act, R.S.B.C. 1996, c. 179, is repealed and the following substituted:

Appointment by Lieutenant Governor in Council

29 (1) The minister may, by notice served on or sent by registered mail to a municipality, request the municipal council to appoint a medical health officer.

(2) If the council does not appoint a medical health officer within 5 days of a request under subsection (1), the Lieutenant Governor in Council may appoint a medical health officer for the municipality.

263 Section 74 (3) is repealed and the following substituted:

(3) In the case of an owner, the costs and expenses

(a) may, by certificate of the health officer or local board filed with the municipality or with the Minister of Finance and Corporate Relations, as the case may be, be added to the tax roll against the property of the owner, and

(b) may be collected in the same manner as taxes in arrears under the Municipal Act or the Taxation (Rural Area) Act.

 
Hospital District Act

264 Section 1 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended

(a) in the definition of "municipal regional district" and "regional district" by striking out "incorporated under Part 24 of the Municipal Act;" and substituting "as defined in the Municipal Act;", and

(b) in the definition of "municipality" by striking out "a local district and".

265 Section 17 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The auditor and the officers and employees of the board of the regional district that corresponds to the regional hospital district board are the auditor and the corresponding officers and employees of the regional hospital district board, and the regional hospital district board may specify their duties. , and

(b) by repealing subsection (5) and substituting the following:

(5) If specified by the letters patent, the auditor and other officers and employees of a specified regional district appointed under the Municipal Act are the auditor and corresponding officers and employees of the regional hospital district board, with or without extra remuneration, and the regional hospital district board must specify their duties.

266 Section 29 (1) (b) is amended by striking out "a local district or".

 
Interpretation Act

267 Section 40 of the Interpretation Act, R.S.B.C. 1996, c. 238, is repealed and the following substituted:

Application of definitions in Municipal Act to other enactments

40 (1) The definitions section of the Municipal Act, so far as the terms defined can be applied, extends to all enactments relating to municipal matters.

(2) As an exception, subsection (1) does not apply in relation to the definition of "municipality" in the Municipal Act.

 
Islands Trust Act

268 Section 6 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended

(a) by repealing subsection (4) (c) and substituting the following:

(c) a reference to the local government or regional district officer assigned responsibility under section 198 is to be read as a reference to the officer or employee of the trust council assigned responsibility in relation to the matter by the trust council;

(d) a reference to a designated local government officer or designated regional district officer is to be read as a reference to the officer or employee of the trust council assigned responsibility in relation to the matter by the trust council. ,

(b) in subsection (5) (a) by striking out "section 180 (3) of the Municipal Act," and substituting "section 210 (3) of the Municipal Act," , and

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

(6) Sections 210 to 214 of the Municipal Act apply to local trustees.

269 Section 8 (2.1) is repealed and the following substituted:

(2.1) Sections 186 and 187 of the Municipal Act apply to a disposition of land under subsection (2) (a).

270 Section 13 (1) is amended by striking out "Sections 202" and substituting "Sections 232".

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

(6) The trust council may, by bylaw, provide all or a part of the premium for any or all of the matters set out in section 251 (1) of the Municipal Act, as that section read before its repeal by the Local Government Statutes Amendment Act, 1998.

272 Section 26 (1) is amended by striking out "Sections 202" and substituting "Sections 232".

273 Section 28 is amended

(a) by striking out "259 (1), 260," and substituting "259 (1), 259.2, 260,",

(b) by renumbering the section as section 28 (1), and

(c) by adding the following subsection:

(2) For the purposes of section 262 (3) of the Municipal Act as it applies to a local trust committee, service of the notice under that section must be made by service on the secretary.

274 Section 54 is amended

(a) by repealing subsection (3) and substituting the following:

(3) Section 251 of the Municipal Act applies for the purposes of subsection (2). , and

(b) by repealing subsection (5) (b) and substituting the following:

(b) anything prohibited under section 251 (2) (b) to (e) of the Municipal Act; .

 
Land Act

275 Section 89 (b) of the Land Act, R.S.B.C. 1996, c. 245, is repealed and the following substituted:

(b) the officer assigned responsibility under section 198 of the Municipal Act for the municipality where the land is located.

276 Section 93 (5) is repealed and the following substituted:

(5) The designated municipal officer must place the amount on the assessment roll against the land for recovery as tax.

 
Land Title Act

277 Section 83 (1) of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:

(1) A subdivision plan must be tendered for examination and approval by the approving officer as follows:

(a) if the land affected is within a municipality, to the designated municipal officer;

(b) if the land affected is in the rural area of a regional district authorized to appoint an approving officer under section 77.1, to the designated regional district officer;

(c) if the land affected is in the rural area of the trust area under the Islands Trust Act and the trust council is authorized to appoint an approving officer under section 77.1, to the secretary of the trust council;

(d) in other cases, to the district highways manager of the Ministry of Transportation and Highways.

278 Section 125 (2) (a) to (c) is repealed and the following substituted:

(a) if the land affected by the petition is in a municipality, the municipality;

(b) if the land affected by the petition is in a local trust area, the person appointed under section 17 (1) (a) of the Islands Trust Act as secretary to the Islands Trust Council;

(c) if the land affected by the petition is not in a municipality, the Deputy Minister of Transportation and Highways and the regional district where the land is located; .

279 Section 322 is amended by repealing the definition of "proper officer" and substituting the following:

"proper officer" means

(a) if the land to which the context applies is located within a municipality, the designated municipal officer, and

(b) if the land to which the context applies is located outside a municipality, the Provincial Assessor of the assessment district within which the land is located; .

 
Library Act

280 Section 10 (5) of the Library Act, R.S.B.C. 1996, c. 264, is repealed and the following substituted:

(5) The municipality must pay to the library board the sum included in the annual budget and the payments must be made on the dates scheduled by the library board and the municipality.

281 Section 25 (5) is repealed and the following substituted:

(5) Each municipality and regional district represented on the library board must pay the amounts certified under subsection (4) to the library board in equal installments on March 1, June 1, September 1 and December 1 of each year.

282 Section 35 (2) is amended by striking out "section 230 of the Municipal Act" and substituting "section 176 (1) (c) of the Municipal Act".

 
Local Government Grants Act

283 Section 5 (2) of the Local Government Grants Act, R.S.B.C. 1996, c. 275, is amended by striking out "greater board as defined in section 872 of the Municipal Act" and substituting "greater board as defined in the Municipal Act".

 
Motor Vehicle Act

284 Section 124 (10) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(10) A copy of an order made under a bylaw adopted under subsection (4) that purports to be certified a true copy by the municipal officer assigned responsibility under section 198 of the Municipal Act must be received in all courts as evidence of the order without further proof of the order or the signature or official character of the person by whom it is certified.

 
Municipal Finance Authority Act

285 Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended by repealing paragraph (a) of the definition of "regional district" and substituting the following:

(a) a regional district as defined for the purposes of the Municipal Act, and .

286 Section 6 (2) is repealed and the following substituted:

(2) Sections 198 and 199 of the Municipal Act apply to the secretary and treasurer respectively.

287 Section 11.1 (1) is repealed and the following substituted:

(1) The authority may enter into agreements to provide financing

(a) to a local government who is a party to an agreement under section 451 of the Municipal Act, or

(b) to an institution prescribed under subsection (5) if that agreement is within a class prescribed for that institution under that subsection.

288 Section 15 (3) (b) and (c) is repealed and the following substituted:

(b) each regional district must, without further requirement of bylaw or resolution, secure the balance of its liability to the debt reserve fund under this section by issuing to the authority a non-interest bearing demand note for the balance, bearing the signature of the chair and countersigned by the regional district officer assigned responsibility under section 199 of the Municipal Act, or by another officer the regional board may designate;

(c) a member municipality of the regional district must, without further requirement of bylaw or resolution, secure the balance of its liability to the regional district by issuing to the regional district a non-interest bearing demand note for the balance, bearing the signature of the mayor and the municipal officer assigned responsibility under section 199 of the Municipal Act, or by another officer the council may designate.

 
Municipalities Enabling and Validating Act (No. 2)

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

Part 9 -- 1998

Retroactive validation of prescribed partnering agreements

39 (1) In this section:

"partnering agreement" means an agreement between a local government and a person or a public authority within the meaning of section 5 of the Municipal Act, as enacted by the Local Government Statutes Amendment Act, 1998, under which the person or public authority agrees to

(a) provide or manage a facility or work for the local government, or

(b) provide a service on behalf of the local government;

"prescribed partnering agreement" means a partnering agreement that

(a) was entered into before the date on which the Local Government Statutes Amendment Act, 1998 was given First Reading in the Legislative Assembly, and

(b) is prescribed under subsection (2).

(2) The minister may, by regulation, prescribe partnering agreements for the purposes of this section and, on being prescribed, this section applies retroactively to the date on which the agreement was entered into.

(3) Despite the Municipal Act,

(a) a prescribed partnering agreement is confirmed and validated effective the date on which it was entered into,

(b) all resolutions and bylaws of the relevant local government in relation to a prescribed partnering agreement are confirmed and validated, effective the date on which they were adopted,

(c) all things done that would have been validly done had this subsection in fact been in force on the day they were done are conclusively deemed to have been validly done, and

(d) the local government is conclusively deemed to have had the authority to enter into the prescribed partnering agreement at the time at which it was entered into and to have had and continue to have the authority to carry out the agreement in accordance with its terms.

(4) A prescribed partnering agreement is deemed to be a partnering agreement under the applicable provisions of the Municipal Act, as enacted by the Local Government Statutes Amendment Act, 1998.

(5) 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.

 
Offence Act

290 Section 29 (2) of the Offence Act, R.S.B.C. 1996, c. 338, is repealed and the following substituted:

(2) If the defendant is a municipality or regional district, the summons may be served by delivering it

(a) in the case of the City of Vancouver, to the mayor or city clerk,

(b) in the case of another municipality, to the mayor or in accordance with section 6.5 of the Municipal Act, and

(c) in the case of a regional district, to the chair of the regional district or in accordance with section 6.5 of the Municipal Act.

 
Ombudsman Act

291 The Ombudsman Act, R.S.B.C. 1996, c. 340, is amended in item 14 of the Schedule by striking out "greater board as defined in section 872 of the Municipal Act" and substituting "greater board as defined in the Municipal Act".

 
Park (Regional) Act

292 Section 1 of the Park (Regional) Act, R.S.B.C. 1996, c. 345, is amended by repealing the definition of "regional district" and substituting the following:

"regional district" means a regional district as defined in the Municipal Act; .

 
Police Act

293 Section 22 of the Police Act, R.S.B.C. 1996, c. 367, is amended by striking out "Despite section 236 of the Municipal Act," and substituting "Despite section 255 of the Municipal Act,".

 
Police Amendment Act, 1997

294 Section 22 (1) and (2) of the Police Act, as enacted by section 23 of the Police Amendment Act, 1997, S.B.C. 1997, c. 37, is amended by striking out "Despite section 236 of the Municipal Act," and substituting "Despite section 255 of the Municipal Act,".

 
Property Transfer Tax Act

295 Section 14 (3) (s) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by striking out "greater board as defined in section 872 (1) of the Municipal Act" and substituting "greater board as defined in the Municipal Act".

 
Railway Act

296 Section 82 of the Railway Act, R.S.B.C. 1996, c. 395, is repealed and the following substituted:

Municipal corporations may take shares

82 (1) A municipal corporation may be registered as a member of a company, and may vote its shares by any person named in a resolution of the municipal corporation.

(2) A copy of a resolution referred to in subsection (1), certified by the municipal officer assigned responsibility under section 198 of the Municipal Act must be deposited with the company.

 
Range Act

297 Section 46 (1) (c) of the Range Act, R.S.B.C. 1996, c. 396, is repealed and the following substituted:

(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government officer assigned responsibility under section 198 of the Municipal Act, the deputy of that officer or some similar local government officer.

 
Resort Municipality of Whistler Act

298 Section 3 (2) of the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407, is repealed and the following substituted:

(2) For the purposes of the Municipal Act, the municipality is deemed to be a district municipality under that Act with all the powers under that Act.

299 Section 6 is repealed and the following substituted:

Borrowing and specified areas

6 (1) Section 449 (1) to (8) of the Municipal Act does not apply to the municipality.

(2) Section 458 of the Municipal Act does not apply to the municipality, but the inspector may direct that the council must provide a counter petition opportunity in accordance with section 242 of that Act.

(3) Section 646 (6) of the Municipal Act does not apply to the municipality, but the inspector may direct that the assent of the electors be obtained or that the council must provide a counter petition opportunity in accordance with section 242 of that Act.

300 Section 8 (12) (b) is amended by striking out "Division (11)" and substituting "Division 11".

301 Section 9 (2) is amended by striking out "Division (2)" and substituting "Division 2".

 
School Act

302 Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended in paragraph (a) of the definition of "community plan" by striking out "as defined in section 872 of the Municipal Act," and substituting "as defined in the Municipal Act,".

303 Section 38 (4) is amended by striking out "under section 40 of the Municipal Act" and substituting "referred to in section 40 of the Municipal Act".

304 Section 45 (2) (c) is repealed and the following substituted:

(c) a reference to the designated local government officer or to the local government officer assigned responsibility under section 198 of the Municipal Act is to be read as a reference to the secretary treasurer of the board; .

305 Section 50 (2) is repealed and the following substituted:

(2) The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a local government officer assigned responsibility under section 198 of the Municipal Act or the secretary treasurer of a board, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.

306 Section 54 (1) is amended by striking out "section 183 of the Municipal Act" and substituting "section 213 of the Municipal Act".

307 Section 131 is amended by adding the following subsections:

(5) Despite subsection (1), property that is exempted under section 344.1 or 845.3 of the Municipal Act in relation to a partnering agreement under that Act is not exempt from taxation under this Act unless exempted under subsection (6) or (8) of this section.

(6) The Lieutenant Governor in Council may make regulations exempting property referred to in subsection (5) from taxation under this Act.

(7) Regulations under subsection (6) may

(a) provide an exemption for all or part of the property that is exempted under the Municipal Act,

(b) provide an exemption for all or part of the term of the exemption under the Municipal Act, and

(c) be different for different classes or uses of property, different classes of owner and different classes of partnering agreements.

(8) The Lieutenant Governor in Council may, by order in relation to property referred to in subsection (5) that is specified in the order, exempt all or part of the property from taxation under this Act and may provide the exemption for all or part of the term of the exemption under the Municipal Act.

 
Taxation (Rural Area) Act

308 Section 15 (1) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by adding the following paragraph:

(x) land or improvements, or both, that are exempted under section 131 (6) or (8) of the School Act. =

 
University Endowment Land Act

309 Section 12 (1) (c) of the University Endowment Land Act, R.S.B.C. 1996, c. 469, is repealed and the following substituted:

(c) respecting fire prevention and suppression, including any provision that could be made in a bylaw under section 518 of the Municipal Act or under section 517 (1) to (3) of that Act, as that section read before its repeal and replacement by the Local Government Statutes Amendment Act, 1998; .

 
Vancouver Charter

310 Section 2.1 (1) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out "218," and substituting "246,".

311 Section 459 is repealed and the following substituted:

Levies for business improvement areas

459. (1) For the purpose of a requirement under section 456 (2) (c), the Council may levy and impose within the business improvement area

(a) a rate on land or improvements, or both, that fall or would fall within Class 5 or 6 of the Assessments -- Classes and Percentage Levels Regulation, B.C. Reg. 438/81, as that regulation stood on January 8, 1988, or

(b) a rate based on any factor determined by the Council.

(2) Rates under subsection (1) may be different for different classes of business.

(3) Rates under subsection (1) are to be levied in the same manner as set out in sections 516 and 517.

312 Section 462 (a) is repealed and the following substituted:

(a) 20 years from the date the by-law comes into force, or .

313 Section 463 is repealed.

314 Section 571B is amended

(a) in paragraph (f) by striking out "section 20.11" and substituting "section 26.1",

(b) in paragraph (g) by striking out "section 20.11 (5)" and substituting "section 26.1 (5)",

(c) in paragraph (h) by striking out "section 20.11 (5)" and substituting "section 26.1 (5)" and by striking out "section 20.2" and substituting "26.2", and

(d) in paragraph (i) by striking out "section 20.71" and substituting "section 27.6" and by striking out "paragraph (a) (i) to (v)." and substituting "paragraphs (a) to (e) of this section."

315 Section 571C is amended by striking out "sections 20.81 and 20.91" and substituting "sections 28.1 and 28.3".

 
Vital Statistics Act

316 Section 20 (3) and (4) of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is repealed and the following substituted:

(3) Every 3 months, the director must provide to

(a) the district registrar of voters, and

(b) the designated local government officers for the municipalities and regional districts in each registration district

a list of the names and addresses of the residents of the registration district whose deaths were registered with a district registrar or the director since the last list was provided.

(4) If requested by the district registrar of voters or a local government officer referred to in subsection (3) or the responsible official under the Islands Trust Act for the purpose of resolving an objection to the registration of a voter or an elector, the director must conduct a search of the register of deaths and report the results to the official.

 
Waste Management Act

317 Section 28.6 (4) (a), (c) and (b) of the Waste Management Act, R.S.B.C. 1996, c. 482, is repealed and the following substituted:

(a) a preliminary determination or final determination,

(b) a certificate of compliance or conditional certificate of compliance, or

(c) an approval in principle, .

 
Water Act

318 Section 50 of the Water Act, R.S.B.C. 1996, c. 483, is amended by striking out "section 304 of the Municipal Act," and substituting "section 310 of the Municipal Act,".

 
Weed Control Act

319 Section 7 (2) and (3) of the Weed Control Act, R.S.B.C. 1996, c. 487, is repealed and the following substituted:

(2) If an inspector controls noxious weeds under subsection (1), the inspector must prepare a statement of the costs of the control, and send the statement, verified by affidavit,

(a) if the noxious weeds were controlled on land, premises or property in a municipality, other than a regional district, to the designated municipal officer, and

(b) if the noxious weeds were controlled on land, premises or property other than that referred to in paragraph (a), to the minister.

(3) If the municipal officer or minister to whom a statement is sent under subsection (2) issues a certificate in respect of the amount of the statement, every occupier of the land, premises or property on which or in which the noxious weeds were controlled is jointly and severally liable to pay the amount specified in the certificate to the municipality or the minister.

320 Section 8 (1) is amended by striking out "the minister or clerk" and substituting "the municipal officer or minister".

 
Transitional Provisions

Definitions

321 In sections 322 to 330:

"new", in relation to a statutory provision, means that provision of the Municipal Act as it is, or will be, enacted or amended by this Act;

"old", in relation to a statutory provision, means that provision of the Municipal Act as it read before its repeal, replacement or amendment by this Act.

Local government officers

322 (1) Until the powers, duties and functions are otherwise assigned under the new section 196,

(a) a person who,

(i) at the time the new section 197 comes into force, holds the position of municipal manager under the old section 241, or

(ii) if applicable, is the successor in office of a person referred to in subparagraph (i)

is deemed to have been assigned the responsibility referred to in the new section 197 and continues to have the powers, duties and functions referred to in the old section 243 to the same extent that the person had those powers, duties and functions before that section was repealed;

(b) a person who,

(i) at the time the new section 198 comes into force, holds the position of municipal clerk or regional district secretary, or

(ii) if applicable, is the successor in office of a person referred to in subparagraph (i)

is deemed to have been assigned the responsibility referred to in the new section 198;

(c) a person who,

(i) at the time the new section 199 comes into force, holds the position of municipal treasurer or regional district treasurer, or

(ii) if applicable, is the successor in office of a person referred to in subparagraph (i)

is deemed to have been assigned the responsibility referred to in the new section 199.

(2) For a provision in an enactment that is amended by this Act to refer to a "designated local government officer", "designated municipal officer" or "designated regional district officer", until the responsibilities are otherwise assigned under the new section 196, the persons who are the designated officers for the purposes of those provisions are

(a) the applicable persons referred to in subsection (1) (b) of this section who held the officer position specified in the provision before it was amended, or

(b) if applicable, the successors in office of a person referred to in paragraph (a) of this subsection.

(3) For the purposes of subsection (2), a bylaw under the old section 280.1 (1) is deemed to be an assignment under the new section 196.

(4) For a provision in an enactment or other document that continues to refer to a position referred to in subsection (1) (a) to (c) of this section,

(a) a reference to the position of municipal manager is deemed to be a reference to the officer assigned responsibility under the new section 197,

(b) a reference to the position of municipal clerk or regional district secretary is deemed to be a reference to the officer assigned responsibility under the new section 198, and

(c) a reference to the position of municipal treasurer or regional district treasurer is deemed to be a reference to the officer assigned responsibility under the new section 199.

Disclosure rules for agreements

323 The new sections 177 and 178 do not apply if, before those sections come into force, the local government has already given

(a) the notice of other voting, or

(b) the notice of counter petition opportunity

in relation to the matter to which those sections would otherwise apply.

Counter petition requirements in relation to agreements and borrowing

324 (1) In the case of a bylaw that, under the old section 451, 452, 458, 610, 828 or 831, was subject to a requirement that the assent of the electors to the bylaw be obtained, the requirement for a counter petition opportunity under the new section 451, 458, 828 or 831 does not apply if

(a) the assent of the electors was obtained before that new section came into force, and

(b) the bylaw for entering into the agreement is adopted within one year after the date on which that assent was obtained.

(2) In the case of a bylaw that, under the old section 452, 610 or 828 was not subject to a requirement referred to in subsection (1) of this section, the requirement for a counter petition opportunity under the new section 451 or 828 does not apply if

(a) the bylaw for entering into the agreement received first reading before the date on which that new section comes into force, and

(b) the bylaw is adopted within one year after that date.

Approval of agreements previously authorized

325 The new section 180 does not apply to an agreement that

(a) was authorized by regulation under the old section 223 or 801, and

(b) is entered into within one year after the date on which the new section 180 comes into force.

Notice of property disposition

326 The new sections 186 and 187 do not apply if, before those sections come into force, the local government has already given the notice required under the old section 318.

Disposal of assets acquired with Provincial grants

327 The new section 189 does not apply if, before the date on which this Act is given First Reading in the Legislative Assembly, the local government has adopted a resolution or given first reading to a bylaw to dispose of the property.

Disposal of water, sewer and other utility systems

328 The new section 190 (2) (c) and (3) does not apply to a bylaw given first reading under the old section 605 if, before the date on which this Act is given First Reading in the Legislative Assembly,

(a) the assent of the electors as required by the old section 605 has been obtained, and

(b) the bylaw for the disposition is adopted within one year after the date on which that assent was obtained.

Delegation authority

329 (1) A bylaw under the old section 667 (1) continues in force as if it had received the affirmative vote of at least 2/3 of the votes cast as required by the new section 667 (1).

(2) The requirement under the new section 667 (1) referred to in subsection (1) of this section does not apply in relation to a bylaw under the new section 667 (1) if

(a) the bylaw received first reading before the date on which that new section comes into force, and

(b) the bylaw is adopted within one year after that date.

(3) Despite the new section 193, if under the old section 891 a regional district board has delegated the holding of one or more hearings to an alternate director, that alternate director continues to have the authority to hold those hearings until the earlier of

(a) the date on which that delegation is rescinded, and

(b) one year from the date on which the new section 193 comes into force.

Early enabling of partnering agreements

330 (1) In this section:

"authorizing provisions" means the new Part 5 and the new sections 344.1, 451, 455, 458, 610, 828, 831 and 845.3;

"partnering agreement" means a partnering agreement within the meaning of the new section 5.

(2) Despite the Municipal Act, before the authorizing provisions come into force, a local government has

(a) the same authority to enter into partnering agreements as it will have under the Municipal Act when the authorizing provisions come into force, and

(b) the authority to include in those agreements the same terms and conditions as it will be able to include when the authorizing provisions come into force.

(3) Except as provided by subsection (4), the authority under subsection (2) is subject to the same requirements as established by the authorizing provisions.

(4) If the authorizing provisions require the local government to provide a counter petition opportunity in relation to a matter in the partnering agreement, the requirement is deemed to have been satisfied if assent of the electors under the old section 215, 451, 452, 458, 605, 610, 828 or 831, as applicable, has been obtained in relation to the matter or to the agreement.

(5) When the authorizing provisions come into force, a partnering agreement under this section is deemed to be a partnering agreement under the Municipal Act.

(6) This section is repealed on the coming into force of the authorizing provisions.

Commencement

331 (1) Section 53 is deemed to have come into force on January 1, 1998 and is retroactive to the extent necessary to give it force and effect on and after that date.

(2) Sections 1, 3 to 52 and 54 to 329 come into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Municipal Act, re-enacts Part 1 and enacts Part 1.1]

The following is a Table of Contents for these Parts:

Part 1 -- Purposes and Principles
Purposes of this Act
Purposes of local governments
Broad powers
Principles for relationship between local governments and the Provincial government
Part 1.1 -- Definitions and Interpretation
Definitions
Notes for assistance in explaining cross references
6.1  References to local government officer
6.2  Special rule for Mountain Time Zone
6.3  Process choice for local governments
6.4  How notices must be published in a newspaper
6.5  Giving notice to municipalities and regional districts
6.6  Power to make regulations

SECTION 2: [Municipal Act, enacts section 6.7] allows the Lieutenant Governor in Council to make interim regulations dealing with local government legislation reform.

SECTION 3: [Municipal Act, amends section 11.1 (1)] makes a consequential cross reference change.

SECTION 4: [Municipal Act, amends section 13 (3) (a)] is consequential to the proposed definition of "counter petition opportunity".

SECTION 5: [Municipal Act, repeals section 16] repeals unnecessary restrictions on municipal names.

SECTION 6: [Municipal Act, adds section 17 (3)] allows flexibility from the strict municipal classification system otherwise established by this section.

SECTION 7: [Municipal Act, re-enacts section 18] simplifies the process for changing the classification of a municipality.

SECTION 8: [Municipal Act, amends section 26 (3)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 9: [Municipal Act, amends section 33]

SECTION 10: [Municipal Act, enacts section 36.1] moves the effect of this authority from its current position in Part 5 of the Act.

SECTION 11: [Municipal Act, amends section 37] makes consequential cross reference changes.

SECTION 12: [Municipal Act, repeals and replaces section 38 (1) (b)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 13: [Municipal Act, amends section 40] is consequential to the broadened authority for local governments to enter into agreements.

SECTION 14: [Municipal Act, repeals and replaces section 51 (7)] allows this provision to rely on the proposed section 6.5 of the Act, respecting the giving of notice to local governments.

SECTION 15: [Municipal Act, amends section 55]

SECTION 16: [Municipal Act, amends section 56] replaces references to support the proposed flexibility in local government officer positions.

SECTION 17: [Municipal Act, amends section 58]

SECTION 18: [Municipal Act, amends section 61] replaces references to support the proposed flexibility in local government officer positions.

SECTION 19: [Municipal Act, repeals and replaces section 62 (1) and (5)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 20: [Municipal Act, amends section 64] replaces references to support the proposed flexibility in local government officer positions.

SECTION 21: [Municipal Act, amends section 65 (1) and (2)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 22: [Municipal Act, repeals and replaces section 66 (2) (d)] makes a consequential cross reference change.

SECTION 23: [Municipal Act, amends section 67] makes consequential cross reference changes.

SECTION 24: [Municipal Act, amends section 68 (3)] makes a consequential cross reference change.

SECTION 25: [Municipal Act, repeals and replaces section 73 (8)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 26: [Municipal Act, amends section 77 (2) (d)] makes a consequential cross reference change.

SECTION 27: [Municipal Act, repeals and replaces section 90 (1)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 28: [Municipal Act, repeals and replaces section 103 (1) (b)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 29: [Municipal Act, amends section 137 (1)] makes a consequential cross reference change.

SECTION 30: [Municipal Act, repeals and replaces section 143 (8)] allows this provision to rely on the proposed section 6.5 of the Act, respecting the giving of notice to local governments.

SECTION 31: [Municipal Act, repeals and replaces section 148 (3)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 32: [Municipal Act, re-enacts section 149] replaces references to support the proposed flexibility in local government officer positions.

SECTION 33: [Municipal Act, repeals and replaces section 150 (2) and (5)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 34: [Municipal Act, repeals and replaces section 158 (1) (c)] makes a consequential cross reference change.

SECTION 35: [Municipal Act, repeals and replaces section 159 (3)] removes an unnecessary cross reference to the Interpretation Act.

SECTION 36: [Municipal Act, re-enacts Part 5 and enacts Parts 5.1 and 5.2]

The following is a Table of Contents for these Parts:

Part 5 -- Corporate Powers and Their Use
  Division 1 -- Corporate Status and Governing Bodies
  173  Corporations created
  174  Governing bodies
  175  Local government jurisdiction
  Division 2 -- General Corporate Powers
  176  Corporate powers of local governments
  Division 3 -- Agreements
  177  Disclosure of information relating to agreements
  178  Requirements for electors' assent or counter petition opportunities
  179  Amendment of agreements
  180  Approval for out-of-Province and out-of-country agreements with public authorities
  Division 4 -- Assistance
  181  Definition of "assistance"
  182  Prohibition against assistance to business
  183  Exception for assistance under partnering agreements
  184  Limitation on assistance by means of tax exemption
  185  Publication of intention to provide certain kinds of assistance
  Division 5 -- Disposing of Land and Improvements
  186  Disposition of land and improvements
  187  Notice of proposed disposition
  188  Use of money from sale of land or improvements
  189  Disposal of assets acquired with Provincial grants
  190  Disposal of utilities and water and sewer systems
  Division 6 -- Delegation of Local Government Authority
  191  Limitations on delegation authority
  192  How delegation must occur
  193  Delegation of hearings
  194  Reconsideration of delegate's decisions
  Division 7 -- Incorporation of Corporations
  195  Incorporation of corporations
Part 5.1 -- Local Government Officers and Employees
  Division 1 -- Officer Positions
  196  Officer positions
  197  Chief administrative officer
  198  Corporate administration
  199  Financial administration
  Division 2 -- Officers and Employees Generally
  200  Appointment of officers and employees
  201  Oath of office for officers
  202  Termination of officer
  203  Employers' organization
  Division 3 -- Certification of Senior Officials
  204  Board of examiners
  205  Powers of board
  206  Board may make regulations
Part 5.2 -- Municipal Councils and Their Proceedings
  Division 1 -- Council Members
  207  Size of council
  208  Quorum of council
  209  Term of office for council members
  210  Oath of office for council members
  211  Disqualification from office for failure to make oath or attend meetings
  212  Resignation from office
  213  Application to court to declare council member disqualified
  214  Resolution declaring council member disqualified
  215  Council member remuneration and expenses
  216  Reporting of remuneration and expenses
  217  Council members' benefits
  Division 2 -- Mayor
  218  Powers and duties of mayor
  219  Mayor may return bylaw for reconsideration by council
  220  Acting mayor and deputy mayor
  221  Intermunicipal questions
  Division 3 -- Council Meetings
  222  Time of council meetings
  223  Notice of special meeting
  224  Council members may request special meeting
  225  Attendance of public at meetings
  226  Expulsion from meeting for improper conduct
  227  Mayor to preside at council meetings
  228  Points of order
  229  Appeal from decision of mayor
  230  Voting at council meetings
  231  Council member declaration if not entitled to vote
  Division 4 -- Council Proceedings
  232  Exercise of powers by bylaw or resolution
  233  General rule that matters be decided by majority of members present
  234  Requirement for 2/3 majority
  235  Procedure bylaw
  236  Minutes of council proceedings
  237  Minutes of committees and other municipal bodies
  238  Appointment of select committee
  239  Establishment of standing committees
  240  Witnesses at council or committee meetings
  241  Petitions to council
  242  Counter petition process
  Division 5 -- Additional Powers
  243  Persons may be honoured with freedom of the municipality
  244  Municipal holidays
  245  Referendums to obtain electors' opinion
  246  Joint exercise of powers with other municipalities
  247  Incidental powers
  248  Further powers in relation to municipal assets
  249  Further powers for public good
  250  Emergency powers
  251  Additional powers and exceptions may be granted to municipalities
  Division 6 -- Special Expenditure Powers
  252  Business improvement areas
  253  Mountain resort business improvement areas
  254  Payment for benefits and expenses relating to municipal activity
  255  Indemnification against proceedings
  256  General heritage conservation authority

SECTION 37: [Municipal Act, repeals and replaces section 257 (5)]

SECTION 38: [Municipal Act, repeals and replaces section 259 (3)]

SECTION 39: [Municipal Act, enacts section 259.3] continues the requirement for public availability of municipal bylaws and allows fees to be set for obtaining copies.

SECTION 40: [Municipal Act, amends section 262 (3)] allows this provision to rely on the proposed section 6.5 of the Act, respecting the giving of notice to local governments.

SECTION 41: [Municipal Act, re-enacts section 270] replaces references to support the proposed flexibility in local government officer positions.

SECTION 42: [Municipal Act, repeals and replaces section 280.1 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 43: [Municipal Act, repeals and replaces section 280.4 (2)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 44: [Municipal Act, repeals and replaces section 286 (1)] allows this provision to rely on the proposed section 6.5 of the Act, respecting the giving of notice to local governments.

SECTION 45: [Municipal Act, amends section 287 (1) (f)] is consequential to moving the definition of "greater board" from its current position in section 872 of the Act to the general definitions section.

SECTION 46: [Municipal Act, enacts section 287.1] moves the current section 240 (5) to a more appropriate section in the Part related to legal proceedings.

SECTION 47: [Municipal Act, amends section 288] is consequential to moving the definition of "greater board" from its current position in section 872 of the Act to the general definitions section.

SECTION 48: [Municipal Act, re-enacts section 294] replaces references to support the proposed flexibility in local government officer positions.

SECTION 49: [Municipal Act, repeals and replaces section 296 (4)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 50: [Municipal Act, repeals and replaces section 297 (1)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 51: [Municipal Act, re-enacts Part 8] as a consequence of the broad corporate powers respecting property given by the proposed Part 5, consolidates the provisions of Part 8 that are to remain in effect and establishes more general powers in accordance with the approach of the proposed Part 5.

The following is a Table of Contents for the proposed Part 8:

Part 8 -- Special Municipal Powers Relating to Property
  Division 1 -- Reservation and Dedication of Real Property
  302  Power to reserve municipal land for public purpose
  303  Power to dedicate municipal land for public purpose
  304  Power to cancel the dedication of a highway
  305  Effect of reservation and dedication
  Division 2 -- Municipal Forest Reserves
  306  Establishment of municipal forest reserve
  307  Sale or lease of municipal forest reserve
  308  Cutting and removal of timber
  Division 3 -- Expropriation and Compensation
  309  Expropriation power
  310  Power to expropriate water diversion licences and related works
  311  Entry on land to mitigate damage that may be caused by municipality
  312  Compensation for non-expropriation actions
  313  Funding for expropriation and mitigation
  Division 4 -- Other Powers
  314  Power to accept property on trust
  315  Power to convey land to school board in trust

SECTION 52: [Municipal Act, amends section 327]

SECTION 53: [Municipal Act, amends section 339 (1)] provides automatic property tax exemptions

SECTION 54: [Municipal Act, amends section 341 (2)] allows municipalities to provide tax exemptions for described ports and other marine facilities.

SECTION 55: [Municipal Act, amends section 342] makes consequential cross reference changes.

SECTION 56: [Municipal Act, amends section 343.1] makes consequential cross reference changes.

SECTION 57: [Municipal Act, enacts section 344.1] allows a council to provide tax exemptions in relation to partnering agreements.

SECTION 58: [Municipal Act, re-enacts section 346] extends the application of this section to community ports.

SECTION 59: [Municipal Act, repeals and replaces section 351 (5) (b)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 60: [Municipal Act, repeals and replaces section 356 (2) (c)] adds references to further tax exemptions permitted under the Act to maintain their exempt status.

SECTION 61: [Municipal Act, amends section 362 (5)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 62: [Municipal Act, repeals and replaces section 363 (2), (3) and (6)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 63: [Municipal Act, repeals and replaces section 383 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 64: [Municipal Act, repeals section 388] repeals an obsolete section referring to federal Acts that are no longer in force.

SECTION 65: [Municipal Act, re-enacts section 393] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 66: [Municipal Act, repeals and replaces section 397 (3)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 67: [Municipal Act, repeals and replaces section 399 (2)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 68: [Municipal Act, repeals and replaces section 416 (3) (b)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 69: [Municipal Act, repeals and replaces section 420 (5) (b) (ii)] removes a reference to an obsolete form of municipality.

SECTION 70: [Municipal Act, repeals section 428 (3)] is consequential to the proposed broad corporate powers respecting agreements.

SECTION 71: [Municipal Act, re-enacts section 440] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 72: [Municipal Act, amends section 448] clarifies that this provision operates to limit the broad corporate powers under the proposed Part 5.

SECTION 73: [Municipal Act, repeals section 450] removes general restrictions on borrowing that are being replaced by specific provisions in other sections.

SECTION 74: [Municipal Act, repeals sections 451 and 452 and re-enacts section 451]

SECTION 75: [Municipal Act, amends section 454]

SECTION 76: [Municipal Act, amends section 455]

SECTION 77: [Municipal Act, re-enacts section 458] replaces a requirement for voter assent with a requirement for providing a counter petition opportunity.

SECTION 78: [Municipal Act, amends section 458.1]

SECTION 79: [Municipal Act, amends section 459]

SECTION 80: [Municipal Act, amends section 465 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 81: [Municipal Act, repeals and replaces section 466 (1)]

SECTION 82: [Municipal Act, re-enacts section 468] replaces references to support the proposed flexibility in local government officer positions.

SECTION 83: [Municipal Act, re-enacts section 474] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 84: [Municipal Act, amends section 478] replaces references to support the proposed flexibility in local government officer positions.

SECTION 85: [Municipal Act, re-enacts section 480] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 86: [Municipal Act, repeals and replaces section 482 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 87: [Municipal Act, repeals and replaces section 485 (2) (a)]

SECTION 88: [Municipal Act, repeals section 486] repeals an unnecessary provision authorizing the placing of local government sinking funds with the Minister of Finance and Corporate Relations.

SECTION 89: [Municipal Act, repeals and replaces section 491 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 90: [Municipal Act, re-enacts section 493] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 91: [Municipal Act, amends section 498]

SECTION 92: [Municipal Act, repeals and replaces section 499 (3)] removes a cross reference to rely instead on the proposed definition of "counter petition opportunity".

SECTION 93: [Municipal Act, amends section 505] replaces references to support the proposed flexibility in local government officer positions.

SECTION 94: [Municipal Act, repeals and replaces section 507 (1), (2) and (6)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 95: [Municipal Act, repeals and replaces section 508 (3)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 96: [Municipal Act, repeals and replaces section 510 (3)] allows this provision to rely on the proposed section 6.5 of the Act, respecting the giving of notice to local governments.

SECTION 97: [Municipal Act, repeals and replaces section 513 (4)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 98: [Municipal Act, re-enacts section 517] removes provisions that are no longer necessary given the broad powers respecting property, agreements and local government officers and employees established by the proposed Parts 5 and 5.1 of the Act.

SECTION 99: [Municipal Act, re-enacts section 520] removes provisions respecting agreements, property and appointments that are no longer necessary given the proposed Parts 5 and 5.1 of the Act.

SECTION 100: [Municipal Act, re-enacts section 522] removes an agreement-making authority that is no longer necessary given the broad corporate powers under the proposed Part 5 of the Act.

SECTION 101: [Municipal Act, amends section 524 (2)] makes a consequential cross reference change.

SECTION 102: [Municipal Act, amends section 526] removes provisions that are no longer necessary given the broad corporate powers respecting property under the proposed Part 5 of the Act.

SECTION 103: [Municipal Act, repeals section 527 (3)] removes a delegation authority that is no longer necessary given the broad corporate powers of the proposed Part 5 of the Act.

SECTION 104: [Municipal Act, re-enacts section 528] removes authority respecting agreements and property that is no longer necessary given the broad corporate powers of the proposed Part 5 of the Act.

SECTION 105: [Municipal Act, amends section 529] removes authority that is unnecessary given the broad corporate powers respecting property provided by the proposed Part 5 of the Act.

SECTION 106: [Municipal Act, repeals section 532] repeals this provision respecting municipal public buildings that is no longer necessary given the broad corporate powers respecting property provided by the proposed Part 5 of the Act.

SECTION 107: [Municipal Act, amends section 539] is consequential to the proposed broad corporate powers respecting agreements.

SECTION 108: [Municipal Act, repeals section 548] removes a delegation authority that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 109: [Municipal Act, amends section 550] removes specific authority in relation to property that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 110: [Municipal Act, amends section 551 (d)] makes a consequential cross reference change.

SECTION 111: [Municipal Act, amends section 552] removes specific authority in relation to property that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 112: [Municipal Act, repeals and replaces section 554 (5)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 113: [Municipal Act, amends section 559 (5)] is consequential to the proposed broad corporate powers.

SECTION 114: [Municipal Act, amends section 560]

SECTION 115: [Municipal Act, amends section 566] replaces references to support the proposed flexibility in local government officer positions.

SECTION 116: [Municipal Act, re-enacts section 567] replaces references to support the proposed flexibility in local government officer positions.

SECTION 117: [Municipal Act, repeals and replaces section 570 (4)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 118: [Municipal Act, amends section 574] removes specific authority in relation to property that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 119: [Municipal Act, repeals section 576] removes specific authority in relation to agreements that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 120: [Municipal Act, amends section 577] removes specific authority in relation to agreements that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 121: [Municipal Act, amends section 584 (1)] is consequential to the proposed broad corporate powers.

SECTION 122: [Municipal Act, amends section 588 (1)] makes a consequential cross reference change.

SECTION 123: [Municipal Act, amends section 589]

SECTION 124: [Municipal Act, repeals section 593] removes specific authority in relation to expropriation that is no longer necessary given the consolidated authority provided by the proposed Part 5.2 of the Act.

SECTION 125: [Municipal Act, repeals section 594 (4)] removes specific authority in relation to property that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 126: [Municipal Act, repeals and replaces section 599 (4) and (5)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 127: [Municipal Act, repeals section 600] removes specific authority in relation to agreements that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 128: [Municipal Act, repeals section 605] removes specific authority in relation to property disposal that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 129: [Municipal Act, amends section 607] makes changes consequential to the proposed broad corporate powers and the proposed definition of "counter petition opportunity".

SECTION 130: [Municipal Act, re-enacts sections 610 and 611] makes changes consequential to the broadened authority for local governments to acquire and manage property and make agreements.

SECTION 131: [Municipal Act, repeals and replaces section 614 (3)] makes a cross reference change relying on the proposed definition of "counter petition opportunity".

SECTION 132: [Municipal Act, amends section 615] removes specific delegation authority that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 133: [Municipal Act, amends section 616] is consequential to the proposed broad corporate powers.

SECTION 134: [Municipal Act, repeals and replaces section 627 (2)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 135: [Municipal Act, repeals and replaces section 629 (5)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 136: [Municipal Act, repeals and replaces section 631 (2)] relies on the proposed section 6.5 of the Act respecting the giving of notice.

SECTION 137: [Municipal Act, amends section 632] replaces references to support the proposed flexibility in local government officer positions.

SECTION 138: [Municipal Act, repeals and replaces section 633 (2)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 139: [Municipal Act, repeals and replaces section 648 (7)]

SECTION 140: [Municipal Act, amends section 667 (1)] adds a requirement for a 2/3 vote to delegate the authority to suspend business licences.

SECTION 141: [Municipal Act, amends section 699 (3)] corrects a cross reference error.

SECTION 142: [Municipal Act, repeals and replaces section 700 (2) to (4) and (9)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 143: [Municipal Act, repeals and replaces section 701 (1), (3) and (4)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 144: [Municipal Act, re-enacts section 715] removes provisions that are no longer necessary given the broad delegation powers under the proposed Part 5 of the Act.

SECTION 145: [Municipal Act, amends section 716 (1)]

SECTION 146: [Municipal Act, re-enacts section 717] removes specific provisions respecting property that are no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 147: [Municipal Act, repeals and replaces section 718 (3) (b)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 148: [Municipal Act, repeals section 719] repeals a historical specific authority for municipalities to provide for the purchase and sale of fuel, milk and fish.

SECTION 149: [Municipal Act, repeals and replaces section 721 (3) (a)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 150: [Municipal Act, amends section 773]

SECTION 151: [Municipal Act, re-enacts section 774] replaces references to support the proposed flexibility in local government officer positions.

SECTION 152: [Municipal Act, repeals sections 778 to 779.3] repeals provisions establishing specific corporate powers for regional districts that are no longer necessary given the broad powers provided by the proposed Parts 5 and 5.1 of the Act.

SECTION 153: [Municipal Act, repeals and replaces section 783 (7) (b)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 154: [Municipal Act, amends section 784] makes consequential cross reference changes.

SECTION 155: [Municipal Act, amends section 785] makes consequential cross reference changes.

SECTION 156: [Municipal Act, repeals and replaces section 786 (2) to (4)]

SECTION 157: [Municipal Act, amends section 787]

SECTION 158: [Municipal Act, repeals and replaces section 790 (3)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 159: [Municipal Act, repeals and replaces section 791 (10)] makes consequential cross reference changes.

SECTION 160: [Municipal Act, amends section 792] makes consequential cross reference changes.

SECTION 161: [Municipal Act, repeals and replaces section 793 (3) and (7)]

SECTION 162: [Municipal Act, repeals and replaces section 794 (2) and (5)]

SECTION 163: [Municipal Act, repeals section 795 (2) and (3)] removes specific delegation authority that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 164: [Municipal Act, re-enacts section 796]

SECTION 165: [Municipal Act, amends section 797] makes consequential cross reference changes.

SECTION 166: [Municipal Act, amends section 798]

SECTION 167: [Municipal Act, repeals and replaces section 799 (3)] makes consequential cross reference changes.

SECTION 168: [Municipal Act, amends section 800 (3) (c)] makes a consequential cross reference change.

SECTION 169: [Municipal Act, amends section 801] makes consequential cross reference changes.

SECTION 170: [Municipal Act, repeals and replaces section 806 (4)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 171: [Municipal Act, repeals and replaces section 809 (14)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 172: [Municipal Act, repeals and replaces section 812 (1)] relies on the local government notice rule of the proposed section 6.5 of the Act.

SECTION 173: [Municipal Act, repeals and replaces section 813 (10)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 174: [Municipal Act, repeals and replaces section 814 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 175: [Municipal Act, amends section 815 (1)] makes a consequential cross reference change.

SECTION 176: [Municipal Act, amends section 819]

SECTION 177: [Municipal Act, amends section 820]

SECTION 178: [Municipal Act, repeals and replaces section 821 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 179: [Municipal Act, repeals and replaces section 822 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 180: [Municipal Act, repeals and replaces section 823 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 181: [Municipal Act, re-enacts section 828]

SECTION 182: [Municipal Act, amends section 830]

SECTION 183: [Municipal Act, amends section 831]

SECTION 184: [Municipal Act, repeals section 831.1 (2)] removes a specific borrowing restriction that is no longer required under the proposed general borrowing rules.

SECTION 185: [Municipal Act, re-enacts section 837] removes specific provisions related to agreements that are no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 186: [Municipal Act, repeals section 838 (6) (b)] removes a specific delegation authority that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 187: [Municipal Act, repeals section 841 (2)] removes cross references to municipal provisions that are no longer required given the general application of the proposed Part 5 of the Act.

SECTION 188: [Municipal Act, amends section 844 (2)] makes a consequential cross reference change.

SECTION 189: [Municipal Act, amends section 845.1 (2)] makes a consequential cross reference change.

SECTION 190: [Municipal Act, enacts section 845.3] allows a regional district to provide tax exemptions in relation to partnering agreements.

SECTION 191: [Municipal Act, amends section 847]

SECTION 192: [Municipal Act, amends section 848] is consequential to moving these definitions to the proposed Part 1.1 of the Act.

SECTION 193: [Municipal Act, amends section 868 (1)] is consequential to the broad corporate powers of the proposed Part 5 of the Act.

SECTION 194: [Municipal Act, amends section 872] is consequential to moving this definition to the proposed Part 1.1 of the Act.

SECTION 195: [Municipal Act, repeals and replaces section 885 (3)] makes a consequential cross reference change.

SECTION 196: [Municipal Act, re-enacts section 891] replaces current specific delegation authority with provisions limiting the application of a delegation under the broad corporate powers of the proposed Part 5 of the Act.

SECTION 197: [Municipal Act, repeals and replaces section 905 (2) (d)] extends the application of this authority in relation to housing agreements for affordable or special needs housing in order to recognize other forms of property occupation other than mere tenancy.

SECTION 198: [Municipal Act, adds section 920 (12)] establishes a right to have the described delegated decisions reconsidered by the local government.

SECTION 199: [Municipal Act, adds section 921 (15)] establishes a right to have the described delegated decisions reconsidered by the local government.

SECTION 200: [Municipal Act, adds section 922 (8)] restricts delegation of the authority to issue the development variance permits.

SECTION 201: [Municipal Act, adds section 925 (4)] requires a local government to provide guidelines to its delegate when delegating the authority to require security in relation to certain permits.

SECTION 202: [Municipal Act, amends section 929 (4)] makes a consequential cross reference change.

SECTION 203: [Municipal Act, adds section 933 (11)] restricts a local government from providing assistance by waiving a development cost charge.

SECTION 204: [Municipal Act, amends section 937.1]

SECTION 205: [Municipal Act, amends section 944 (3)] maintains a current restriction in relation to the general delegation authority under the proposed Part 5 of the Act.

SECTION 206: [Municipal Act, amends section 946.2] corrects an error in section numbering.

SECTION 207: [Municipal Act, repeals section 946.3] repeals an agreement-making authority respecting contaminated sites that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 208: [Municipal Act, amends section 947 (2)] makes a consequential cross reference change.

SECTION 209: [Municipal Act, amends section 950]

SECTION 210: [Municipal Act, repeals section 951] removes specific delegation authority that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Act.

SECTION 211: [Municipal Act, amends section 953 (4)] makes a consequential cross reference change.

SECTION 212: [Municipal Act, amends section 971 (3)] is consequential to the proposed broad corporate power to delegate local government powers.

SECTION 213: [Municipal Act, adds section 973 (8)] requires a local government to provide guidelines to its delegate when delegating the authority to require security in relation to heritage alteration permits.

SECTION 214: [Municipal Act, repeals and replaces section 989 (2) (e) (ii)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 215: [Municipal Act, repeals and replaces section 990 (3) (c) (ii)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 216: [Municipal Act, re-enacts section 991] replaces references to support the proposed flexibility in local government officer positions.

SECTION 217: [Municipal Act, repeals and replaces section 993 (1)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 218: [Municipal Act, repeals and replaces section 994 (3)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 219: [Municipal Act, repeals and replaces section 995 (2) (a)] replaces references to support the proposed flexibility in local government officer positions and removes the requirement for a corporate seal.

SECTION 220: [Municipal Act, amends section 996]

SECTION 221: [Municipal Act, amends section 1002 (5)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 222: [Municipal Act, amends section 1004] replaces references to support the proposed flexibility in local government officer positions.

SECTION 223: [Municipal Act, repeals and replaces section 1005 (b)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 224: [Municipal Act, repeals and replaces section 1006 (10)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 225: [Municipal Act, repeals and replaces section 1008 (3) and (4)] replaces references to rely on the proposed section 6.5 of the Act respecting the giving of notice to local governments.

SECTION 226: [Municipal Act, repeals and replaces section 1009 (5)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 227: [Agricultural Land Commission Act, repeals and replaces section 12 (3)] makes the delegated hearing rules of the proposed section 891 of the Municipal Act apply to hearings regarding local government ALR plans.

SECTION 228: [Agricultural Land Commission Act, repeals and replaces section 34 (3)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 229: [Assessment Act, amends section 1 (1)] repeals a definition that is no longer required.

SECTION 230: [Assessment Act, repeals and replaces section 7 (2)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 231: [Assessment Act, amends section 23 (6)] removes a cross reference that is no longer necessary given the broad corporate powers provided by the proposed Part 5 of the Municipal Act.

SECTION 232: [Assessment Act, repeals and replaces section 31 (4)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 233: [Assessment Act, repeals and replaces section 32 (2)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 234: [British Columbia Transit Act, amends section 1 (1)] repeals a definition that is no longer required.

SECTION 235: [British Columbia Transit Act, amends section 8 (7)] makes consequential cross reference changes.

SECTION 236: [Building Safety Standards Act, amends section 1] updates the current definition to accord with the authority under section 692 of the Municipal Act.

SECTION 237: [Cemetery and Funeral Services Act, amends section 18] makes consequential cross reference changes.

SECTION 238: [Columbia Basin Trust Act, repeals and replaces section 6 (1)] replaces references to support the proposed flexibility in local government officer positions.

SECTION 239: [Columbia Basin Trust Act, repeals and replaces section 7 (1) (a)] replaces a reference to support the proposed flexibility in local government officer positions.

SECTION 240: [Court Order Enforcement Act, amends section 116] removes a reference to an obsolete municipal officer position.

SECTION 241: [Drainage, Ditch and Dike Act, amends section 1]

SECTION 242: [Drainage Ditch and Dike Act, repeals and replaces section 23 (1)] removes an unnecessary reference to the municipal treasurer to support the proposed flexibility in local government officer positions.

SECTION 243: [Drainage Ditch and Dike Act, re-enacts section 46] removes an unnecessary reference to the municipal treasurer to support the proposed flexibility in local government officer positions.

SECTION 244: [Drainage Ditch and Dike Act, repeals and replaces section 54 (2)] removes an unnecessary reference to the municipal treasurer to support the proposed flexibility in local government officer positions.

SECTION 245: [Emergency Communications Corporations Act, amends section 4 (3)] makes a consequential cross reference change.

SECTION 246: [Emergency Program Act, amends section 1 (1)] makes a consequential cross reference change.

SECTION 247: [Evidence Act, re-enacts section 28]

SECTION 248: [Evidence Act, amends section 60] replaces a reference to support the proposed flexibility for local government officer positions.

SECTION 249: [Financial Disclosure Act, amends section 1] replaces references to specific municipal officers to support the proposed flexibility for local government officer positions.

SECTION 250: [Fire Services Act, repeals and replaces section 23 (2) and (3)] replaces a reference to the position of municipal treasurer to support the proposed flexibility for local government officer positions.

SECTION 251: [Forest Act, repeals and replaces section 140 (1) (c)] replaces references to specific municipal officers to support the proposed flexibility for local government officer positions.

SECTION 252: [Forest Land Reserve Act, amends section 20 (2) (b)] makes a consequential cross reference change.

SECTION 253: [Forest Practices Code of British Columbia Act, repeals and replaces section 164 (1) (c)] replaces references to specific municipal officers to support the proposed flexibility for local government officer positions.

SECTION 254: [Freedom of Information and Protection of Privacy Act, amends Schedule 1] makes consequential cross reference changes.

SECTION 255: [Greater Vancouver Sewerage and Drainage District Act, repeals and replaces section 7 (1b)] makes consequential cross reference changes.

SECTION 256: [Greater Vancouver Sewerage and Drainage District Act, re-enacts section 18] makes a consequential cross reference change.

SECTION 257: [Greater Vancouver Sewerage and Drainage District Act, re-enacts section 20] makes a consequential cross reference change.

SECTION 258: [Greater Vancouver Sewerage and Drainage District Act, amends section 58 (6)] replaces references to support the proposed flexibility for local government officer positions.

SECTION 259: [Greater Vancouver Water District Act, repeals and replaces section 5 (3)] makes consequential cross reference changes.

SECTION 260: [Greater Vancouver Water District Act, re-enacts section 21] makes a consequential cross reference change.

SECTION 261: [Greater Vancouver Water District Act, re-enacts section 23] makes a consequential cross reference change.

SECTION 262: [Health Act, re-enacts section 29] replaces references to the municipal clerk to support the proposed flexibility for local government officer positions.

SECTION 263: [Health Act, repeals and replaces section 74 (3)] removes a reference to the municipal clerk in order to support the proposed flexibility for local government officer positions.

SECTION 264: [Hospital District Act, amends section 1]

SECTION 265: [Hospital District Act, repeals and replaces section 17 (1) and (5)] removes references to specified regional district officers in order to support the proposed flexibility for local government officer positions.

SECTION 266: [Hospital District Act, amends section 29 (1) (b)] removes a reference to an obsolete class of municipality.

SECTION 267: [Interpretation Act, re-enacts section 40] moves the effect of the proposed subsection (2) to this Act from the Municipal Act.

SECTION 268: [Islands Trust Act, amends section 6]

SECTION 269: [Islands Trust Act, repeals and replaces section 8 (2.1)] makes consequential cross reference changes.

SECTION 270: [Islands Trust Act, amends section 13 (1)] makes a consequential cross reference change.

SECTION 271: [Islands Trust Act, repeals and replaces section 17 (6)] maintains current authority that, for municipalities and regional districts, has been replaced by broad corporate powers under the proposed Part 5 of the Municipal Act.

SECTION 272: [Islands Trust Act, amends section 26 (1)] makes a consequential cross reference change.

SECTION 273: [Islands Trust Act, amends section 28]

SECTION 274: [Islands Trust Act, amends section 54] makes consequential cross reference changes.

SECTION 275: [Land Act, repeals and replaces section 89 (b)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 276: [Land Act, repeals and replaces section 93 (5)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 277: [Land Title Act, repeals and replaces section 83 (1)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 278: [Land Title Act, repeals and replaces section 125 (2) (a) to (c)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 279: [Land Title Act, amends section 322] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 280: [Library Act, repeals and replaces section 10 (5)] removes an unnecessary reference to the position of municipal treasurer as a consequence of the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 281: [Library Act, repeals and replaces section 25 (5)] removes an unnecessary reference to the position of municipal and regional district treasurer as a consequence of the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 282: [Library Act, amends section 35 (2)] makes a consequential cross reference change.

SECTION 283: [Local Government Grants Act, amends section 5 (2)] makes a consequential cross reference change.

SECTION 284: [Motor Vehicle Act, repeals and replaces section 124 (10)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 285: [Municipal Finance Authority Act, amends section 1] makes a consequential cross reference change.

SECTION 286: [Municipal Finance Authority Act, repeals and replaces section 6 (2)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 287: [Municipal Finance Authority Act, repeals and replaces section 11.1 (1)]

SECTION 288: [Municipal Finance Authority Act, repeals and replaces section 15 (3) (b) and (c)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 289: [Municipalities Enabling and Validating Act (No. 2), enacts section 39] allows retroactive validation of partnering agreements entered into before this Act is given First Reading in the Legislative Assembly.

SECTION 290: [Offence Act, repeals and replaces section 29 (2)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 291: [Ombudsman Act, amends Schedule] makes a consequential cross reference change.

SECTION 292: [Park (Regional) Act, amends section 1] makes a consequential cross reference change.

SECTION 293: [Police Act, amends section 22] makes a consequential cross reference change.

SECTION 294: [Police Act, amends section 22 as enacted by the Police Amendment Act, 1997] makes a consequential cross reference change.

SECTION 295: [Property Transfer Tax Act, amends section 14 (3) (s)] makes a consequential cross reference change.

SECTION 296: [Railway Act, re-enacts section 82] replaces a requirement for certification by municipal corporate seal with a requirement for certification by the municipal officer assigned corporate administration responsibilities.

SECTION 297: [Range Act, repeals and replaces section 46 (1) (c)] replaces references to specific municipal officers to support the proposed flexibility for local government officer positions.

SECTION 298: [Resort Municipality of Whistler Act, repeals and replaces section 3 (2)] makes a consequential cross reference change.

SECTION 299: [Resort Municipality of Whistler Act, re-enacts section 6] makes changes consequential to the proposed section 458 of the Municipal Act.

SECTION 300: [Resort Municipality of Whistler Act, amends section 8 (12) (b)] corrects a cross reference.

SECTION 301: [Resort Municipality of Whistler Act, amends section 9 (2)] corrects a cross reference.

SECTION 302: [School Act, amends section 1 (1)] makes a consequential cross reference change.

SECTION 303: [School Act, amends section 38 (4)] makes a consequential cross reference change.

SECTION 304: [School Act, repeals and replaces section 45 (2) (c)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 305: [School Act, repeals and replaces section 50 (2)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 306: [School Act, amends section 54 (1)] makes a consequential cross reference change.

SECTION 307: [School Act, adds section 131 (5) to (8)] provides an exception to the general rule that local government tax exemptions provide automatic tax exemption under the School Act.

SECTION 308: [Taxation (Rural Area) Act, adds section 15 (1) (x)] provides parallel tax exemptions under this Act for property exempted under the School Act in relation to a partnering agreement under the Municipal Act.

SECTION 309: [University Endowment Land Act, repeals and replaces section 12 (1) (c)] is consequential to the proposed Municipal Act amendments providing broader corporate powers for local governments.

SECTION 310: [Vancouver Charter, amends section 2.1 (1)] makes a consequential cross reference change.

SECTION 311: [Vancouver Charter, re-enacts section 459] allows business improvement area taxes to be set on any factor determined by the City's Council, to parallel the authority provided in section 233 of the Municipal Act.

SECTION 312: [Vancouver Charter, repeals and replaces section 462 (a)] extends the maximum effective period for business improvement areas by-laws from 5 years to 20 years, to parallel the authority provided in section 233 of the Municipal Act.

SECTION 313: [Vancouver Charter, repeals section 463] eliminates the authority of Cabinet to make regulations respecting business improvement areas and business promotion schemes.

SECTION 314: [Vancouver Charter, amends section 571B] updates cross references.

SECTION 315: [Vancouver Charter, amends section 571C] updates cross references.

SECTION 316: [Vital Statistics Act, repeals and replaces section 20 (3) and (4)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 317: [Waste Management Act, amends section 28.6] corrects an editorial error by which the order of these paragraphs was not alphabetical.

SECTION 318: [Water Act, amends section 50] makes a consequential cross reference change.

SECTION 319: [Weed Control Act, repeals and replaces section 7 (2) and (3)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTION 320: [Weed Control Act, amends section 8 (1)] is consequential to the proposed Municipal Act amendments providing for greater flexibility in the establishment of local government officer positions.

SECTIONS 321 to 330: [Transitional Provisions] provide for the transition between the application of the current provisions of the Municipal Act and the Municipal Act as amended by this Bill.


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