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 88 -- 1999

LOCAL GOVERNMENT STATUTES
AMENDMENT ACT, 1999

 
... continued ...

Part 2 -- Consequential and Related Amendments

 
British Columbia Transit Act

214 Section 8 (6) of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, is repealed.

215 Section 19 (2) is repealed and the following substituted:

(2) The collector of each municipality or the Surveyor of Taxes, as the case may be, must prepare and mail a notice, setting out the tax payable, to each person named on the real property tax roll or assessment roll who is liable as the assessed owner for taxes under any of sections 14, 15 and 17 (15).

 
Drainage, Ditch and Dike Act

216 The Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is amended by adding the following section:

Transfer of development district assets

171 (1) If a development district is dissolved under section 170, the minister responsible for the administration of the Municipal Act may transfer, to the municipality in which the works of the development district were located, its assets, rights, claims, obligations and liabilities.

(2) After a transfer under subsection (1) has been made, the area that was included in the development district is deemed to be a specified area under Division 2 of Part 19 of the Municipal Act, and for these purposes that Division applies.

(3) If the works of a development district are located in more than one municipality, the municipalities may assume the assets, rights, claims, obligations and liabilities in accordance with the apportionment set out in the order dissolving the development district, and that portion of the development district in each municipality is a specified area of that municipality.

(4) A council may provide that some or all of the assets of the development district be credited to the specified area and that some or all of the liabilities be charged to the specified area.

(5) Without limiting section 176 [corporate powers] of the Municipal Act, a council may enter into an agreement with the Provincial government for the joint undertaking of additional works of a similar nature and for their maintenance.

(6) A council may, by bylaw adopted without the assent of the electors but otherwise in accordance with the Municipal Act, borrow sums required under any agreement with the Provincial government.

(7) The entire cost or the parts of the cost of an existing work or a work to be constructed under the terms of an agreement under this section, and of its maintenance and operation, as may be determined by the council, must be borne by the owners of real property in the specified area.

(8) For the purpose of subsection (7), the powers of section 646 (4) [services for specified areas] of the Municipal Act include the power to impose a tax at a uniform area rate or at a uniform rate for each parcel.

 
Economic Development Electricity Rate Act

217 Section 5 (6) (b) of the Economic Development Electricity Rate Act, R.S.B.C. 1996, c. 104, is repealed and the following substituted:

(b) section 363 [imposition of fees and charges] of the Municipal Act, or any bylaw under that section, .

 
Estate Administration Act

218 Section 96 (1) of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended by repealing paragraph (a) (i) of the definition of "matrimonial home" and substituting the following:

(i) shown as a separate taxable parcel on a taxation roll for the current year prepared under the Taxation (Rural Area) Act, on a real property tax roll for the current year prepared by the collector of a municipality or on an assessment roll used for the levying of taxes in a municipality, and .

 
Greater Vancouver Sewerage and Drainage District Act

219 Section 7B (3) of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is repealed and the following substituted:

(3) Section 267 of the Municipal Act applies to a by-law under this section as if the Corporation were a municipality.

220 Section 8 is amended

(a) by repealing subsections (4) and (5) and substituting the following:

(4) The members of the Board have the same number of votes to which they are entitled as members of the board of the Greater Vancouver Regional District or to which they would be entitled if they were members of that board and, for these purposes, section 783 of the Municipal Act applies.

(5) Sections 230 and 231 (1) to (8) of the Municipal Act applies to the Board and, to the extent that they are not inconsistent with this Act, sections 791 (15), 792 and 793 of the Municipal Act apply to the Board. , and

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

(7) A municipality and the Director representing Electoral Area A (University Hill) may appoint a person as an alternate member of the Board, and sections 786 and 787 of the Municipal Act apply as if an alternate member were an alternate director.

221 Section 10 (4) is amended by striking out "Sections 779.1, 780 and 780.1" and substituting "Sections 788, 789 and 790".

222 Section 14 (3) is amended by striking out "section 784" and substituting "section 794".

223 Section 34.1 (1) is repealed and the following substituted:

(1) The Corporation may, by by-law, establish reserve funds and special reserve funds, and sections 338, 496, 497, 499 (1), (2), (3), (4) (b) and (c) and (5), 501 and 504 of the Municipal Act apply to the Corporation and to any fund so established.

224 Section 50 is repealed and the following substituted:

Sinking funds

50. Division 1 of Part 13 of the Municipal Act applies to sinking funds of the Corporation.

225 Section 55 (3) is amended by striking out "section 808 of ".

226 Section 58.2 is amended

(a) in subsection (3) (c) by striking out "section 398 (1) (h)" and substituting "section 339 (1) (g)",

(b) in subsection (6) by striking out "section 983 (5)" and substituting "section 933 (6)", and

(c) in subsection (9) by striking out "Section 993" and substituting "Section 943".

227 Section 58.3 (2) (b) is repealed and the following substituted:

(b) a parcel tax; .

228 Section 58.6 (4) is amended by striking out "Section 382" and substituting "Section 501".

 
Greater Vancouver Transportation Authority Act

229 Section 21 (6) of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out "545 (1)" and substituting "531 (1)".

230 Section 23 is amended

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

(a) section 525 (1) of the Municipal Act; , and

(b) in subsection (2) by striking out "section 533" and substituting "section 524".

231 Section 25 (6) (b) is amended by striking out "section 333" and substituting "section 259.2".

 
Greater Vancouver Water District Act

232 Section 10 of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is amended

(a) by repealing subsections (4) and (5) and substituting the following:

(4) The members of the Board have the same number of votes to which they are entitled as members of the board of the Greater Vancouver Regional District or to which they would be entitled if they were members of that board and, for these purposes, section 783 of the Municipal Act applies.

(5) Sections 230 and 231 (1) to (8) of the Municipal Act applies to the Board and, to the extent that they are not inconsistent with this Act, sections 791 (15), 792 and 793 of the Municipal Act apply to the Board. , and

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

(7) A municipality and the Director representing Electoral Area A (University Hill) may appoint a person as an alternate member of the Board, and sections 786 and 787 of the Municipal Act apply as if an alternate member were an alternate director.

233 Section 12 (4) is amended by striking out "Sections 779.1, 780 and 780.1" and substituting "Sections 788, 789 and 790".

234 Section 17 (4) is amended by striking out "section 784" and substituting "section 794".

235 Section 57.1 (1) is repealed and the following substituted:

(1) The Corporation may, by by-law, establish reserve funds and special reserve funds, and sections 338, 496, 497, 499 (1), (2), (3), (4) (b) and (c) and (5), 501 and 504 of the Municipal Act apply to the Corporation and to any fund so established.

 
Health Authorities Act

236 Section 1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by repealing the definition of "municipal council" and substituting the following:

"municipal council" means, as the context requires, a council of a municipality under the Municipal Act or the Council of the City of Vancouver under the Vancouver Charter; .

 
Home Owner Grant Act

237 Section 11 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended by striking out "section 368" and substituting "section 374 [apportionment of property value taxes if property subdivided]".

238 The following section is added:

Alternative municipal tax collection schemes

15.1 (1) If a municipality establishes a tax collection scheme under section 367 of the Municipal Act and amounts are paid in accordance with the scheme before July 2 in the year, for the purposes of this Act, those amounts are deemed to be part of the current year taxes and are to be considered part of the indebtedness for the current year taxes.

(2) For current year taxes to which subsection (1) applies, if all or part of the amount of a grant remains unapplied after the grant is dealt with in accordance with section 15, the municipality must deal with the unapplied amount in accordance with section 14 (3).

 
Horse Racing Act

239 Section 12 (2) of the Horse Racing Act, R.S.B.C. 1996, c. 198, is repealed and the following substituted:

(2) Despite anything in this Act, Division 2 [Business Licensing] of Part 20 of the Municipal Act and sections 203 and 272 to 278 of the Vancouver Charter remain in effect, but the council of a municipality, including the City of Vancouver, or its delegate does not

(a) under section 661 [refusal to grant licence] of the Municipal Act, or

(b) section 275 of the Vancouver Charter,

have power to refuse to issue to a person who, under section 11 of this Act, holds authority to carry on horse racing in the municipality, a licence to carry on the activity for which the person holds the authority.

 
Hospital District Act

240 Section 1 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by repealing the definitions of "municipal regional board" and "regional board" and substituting the following:

"municipal regional board" and "regional board" mean a board as defined in the Municipal Act; .

 
Indian Self Government Enabling Act

241 Section 6 (2) of the Indian Self Government Enabling Act, R.S.B.C. 1996, c. 219, is amended by striking out "section 331 (1) (a) and (b)" in both places and substituting "section 359 (1) (a)".

242 Section 20 (b) is amended by striking out "sections 331 (1) (a) and (b)" and substituting "section 359 (1) (a)".

 
Islands Trust Act

243 Section 18 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended

(a) in subsection (2) by striking out "Part 14" and substituting "Division 3 of Part 9 [Audit]", and

(b) by adding the following subsection:

(4) Section 330 [right of elector to complain about accounting] of the Municipal Act applies in relation to an audit under subsection (2).

244 Section 45 is amended

(a) in subsection (3) by striking out "Part 14" and substituting "Division 3 of Part 9 [Audit]", and

(b) by adding the following subsection:

(5) Section 330 [right of elector to complain about accounting] of the Municipal Act applies in relation to an audit under subsection (3).

 
Library Act

245 Section 24 (1) of the Library Act, R.S.B.C. 1996, c. 264, is repealed and the following substituted:

(1) In this section, "converted value of land and improvements" means the converted value of land and improvements within the meaning of the Municipal Act.

 
Local Government Grants Act

246 Section 3 (d) of the Local Government Grants Act, R.S.B.C. 1996, c. 275, is repealed and the following substituted:

(d) the converted value of land and improvements within a municipality or regional district; .

 
Local Government Statutes Amendment Act, 1998

247 Section 38 of the Local Government Statutes Amendment Act, 1998, S.B.C. 1998, c. 34, is repealed.

 
Local Services Act

248 Section 2 of the Local Services Act, R.S.B.C. 1996, c. 276, is amended

(a) by renumbering the section as section 2 (1),

(b) by striking out everything after paragraph (k), and

(c) by adding the following subsection:

(2) If an area is established as a local area under subsection (1), the minister may exercise, in respect of the local area or any part of it, any of the powers exercisable by a council or regional district board under

(a) the applicable provision referred to in that subsection,

(b) section 517 [general authority in relation to services] of the Municipal Act, as it applies in relation to the applicable provision referred to in subsection (1), and

(c) the following provisions of the Municipal Act:

section 530 [special authority in relation to highways];

section 704 [regulation of animal nuisances];

section 724 [noise control];

section 725 [nuisances and disturbances];

section 728 (1) (e) [regulation of fireworks].

249 Section 2 (1) (j) is repealed and the following substituted:

(j) the regulation of business with respect to hours of closing by the enforcement within the local area of section 654 [regulation of business hours] of the Municipal Act, and in that event the minister may exercise, in respect of the local area, any of the powers exercisable under that section by a council; ,

 
Municipal Finance Authority Act

250 Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended in the definition of "regional district" by repealing paragraph (a) and substituting the following:

(a) a regional district as defined in the Municipal Act, and .

251 Section 3 (a) is repealed and the following substituted:

(a) providing financing for regional districts and their member municipalities by the issue of securities of the authority and the lending of the proceeds from those securities to the regional district on whose request the financing is undertaken; .

252 Section 11 (1) (a) to (c) is repealed and the following substituted:

(a) borrowing in anticipation of the receipt of tax revenues under section 334.3 or 829 of the Municipal Act;

(b) financing of short term debts for purposes of a capital nature under section 334.4 or 830 of the Municipal Act;

(c) temporary financing of capital projects under section 335.2 or 834 of the Municipal Act; .

253 Section 11.1 (1) (a) is repealed and the following substituted:

(a) to a local government who is a party to an agreement under section 334.1 or 828 of the Municipal Act, or .

254 Section 12 is repealed and the following substituted:

Application of sections of the Municipal Act

12 Sections 1022 to 1025 of the Municipal Act apply to securities issued by the authority.

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

(1) Division 3 [Audit] of Part 9 of the Municipal Act applies to the authority.

 
Municipalities Enabling and Validating Act (No. 2)

256 Section 45 (6) of the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is repealed and the following substituted:

(6) Subject to this section, the following provisions of the Municipal Act apply for the purposes of this section:

section 262 [application to court to set aside bylaw];

section 335.3 (5) [debentures to be issued in accordance with bylaw];

section 335.5 [appeal from inspector's decision];

Division 5 of Part 9 [Restrictions on Use of Municipal Funds];

section 833 (1) [security issuing bylaw approval by inspector];

section 836 [liability for money borrowed by regional district];

section 1022 to 1025 [certificate of approval for money bylaws].

257 Section 45 is amended by adding the following subsection:

(8) For the purposes of this section and section 46, the GVRD is deemed to be a municipal corporation.

 
Police Act

258 Section 22 (1) and (2) of the Police Act, R.S.B.C. 1996, c. 367, is amended by striking out "Despite section 255 of the Municipal Act," and substituting "Despite section 287.2 of the Municipal Act,".

 
Property Transfer Tax Act

259 Section 14 (3) (t) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is repealed and the following substituted:

(t) a transfer to the government in accordance with a bylaw under section 305.2 [exchange of dedicated land] or 525 (3) [transfer of title to highways] of the Municipal Act; .

 
Resort Municipality of Whistler Act

260 Section 6 (1) and (2) of the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407, is repealed and the following substituted:

(1) Section 334 [limit on borrowing and other liabilities] of the Municipal Act does not apply to the municipality.

(2) Section 335.1 [counter petition opportunity required for borrowing] 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.

261 Section 6 (3) is repealed and the following substituted:

(3) Section 646 (7) [services for specified areas] 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.

262 Section 8 (12) (b) is repealed and the following substituted:

(b) section 363 [imposition of fees and charges] or Division 11 [Subdivision and Development Requirements] of Part 26 of the Municipal Act .

 
School Act

263 Section 33 (b) of the School Act, R.S.B.C. 1996, c. 412, is repealed and the following substituted:

(b) a person who is disqualified under section 52 of this Act or under section 92 or 92.4 of the Municipal Act or section 64 or 64.3 of the Vancouver Charter, as those sections apply to trustee elections;

264 Section 36 (1) is amended by adding the following paragraph:

(c.1) the office becomes vacant under section 92 [failure to file disclosure statement] of the Municipal Act or under section 64 of the Vancouver Charter, as those sections apply to trustee elections; .

265 Section 44 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) In order to obtain a certificate required to register as a non-resident property elector, a person may apply as follows:

(a) during voting hours when voting proceedings are being conducted for advance voting or general voting, at the place and to the official designated by the chief election officer;

(b) at any time during regular office hours for the board offices, by applying at those offices to the secretary treasurer or another official authorized by the secretary treasurer;

(c) if the chief election officer makes additional provision for the purposes of this subsection, by applying at a place and to an official designated by the chief election officer. , and

(b) in subsection (3) by striking out "if the person proposing to register provides" and substituting "if the applicant provides".

266 Section 45 is amended

(a) in subsection (1) by striking out "regional district directors," and substituting "electoral area directors,", and

(b) by repealing subsection (9) and substituting the following:

(9) As a limit on subsection (8), a bylaw under that subsection may not provide that a bylaw of a local government under section 72.1, 107 or 141 of the Municipal Act or under section 44.1, 79 or 113 of the Vancouver Charter applies to a trustee election.

267 Section 46 (4) is repealed and the following substituted:

(4) A municipal council does not have authority to adopt a bylaw under section 72.1, 107 or 141 of the Municipal Act or under section 44.1, 79 or 113 of the Vancouver Charter, as applicable, in relation to a trustee election but, instead, the board may adopt bylaws under those sections for the trustee election.

268 Section 48 is amended

(a) in subsection (1) by striking out "section 151, 152 or 153 of the Municipal Act or section 123, 124 or 125 of the Vancouver Charter," and substituting "section 151, 152, 152.1 or 153 of the Municipal Act or section 123, 124, 124.1 or 125 of the Vancouver Charter,", and

(b) by adding the following subsection:

(3) Section 153.1 of the Municipal Act applies in relation to offences under this section.

269 Section 52 (3) is repealed and the following substituted:

(3) If a person appointed or elected as a trustee is disqualified under the Municipal Act or the Vancouver Charter from being nominated for, being elected to or holding office on a board until after the next general local election, the office to which the person was appointed or elected is deemed to be vacant.

270 Section 128 (2) is repealed and the following substituted:

(2) The collector of each municipality or the Surveyor of Taxes must prepare and mail a notice, setting out the tax payable under this Act, to each person named on the real property tax roll or assessment roll as an assessed owner in the municipality or rural area, if any, contained in the school district.

271 Section 129 is amended

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

(4) Nothing in subsection (2) exempts a property referred to in that subsection from a fee or charge under the Municipal Act. , and

(b) by repealing subsection (8) and substituting the following:

(8) Subsection (7) does not apply to fees and charges under the Municipal Act.

 
Special Enterprise Zone and Tax Relief Act

272 Section 1 of the Special Enterprise Zone and Tax Relief Act, R.S.B.C. 1996, c. 438, is amended by repealing the definition of "regional board" and substituting the following:

"regional board" means a board as defined in the Municipal Act; .

 
University Endowment Land Act

273 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 municipal bylaw under the Municipal Act; .

 
Vancouver Charter

274 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by repealing the definition of "other administrative body" and substituting the following:

"other administrative body" means an unincorporated body other than the Council, that under this or another Act may exercise powers of the city or Council, and includes the Board of Parks and Public Recreation and the Board of Police Commissioners; .

275 Section 2.1 (1) is amended by striking out "Sections 23," and substituting "Sections 23, 92.3".

276 Section 2.1 (1) is repealed and the following substituted:

(1) The following provisions of the Municipal Act apply to the city:

section 23 [transfer of Provincial tax money];

section 92.3 [disqualification list];

section 246 [joint exercise of powers with other municipalities];

sections 536 to 538 [boundary and transecting highways];

Division 2 of Part 20 [Licensing of Commercial Vehicles];

Division 2 of Part 22 [Protection of Trees];

section 726 (3) [fire and security alarm systems];

section 744 [improvement district property exempt from taxation];

Part 24 [Regional Districts];

Part 25 [Regional Growth Strategies];

section 931 (6) [fees and charges related to applications and inspections].

277 Section 2.1 (1) is amended by striking out "Division 2 of Part 20" and substituting "Division 3 of Part 20".

278 Section 7 is amended by adding the following definitions:

"candidate" means

(a) a person who is declared to be a candidate under section 46, and

(b) for the purposes of Division (8), includes a person who accepts campaign contributions or incurs election expenses with the intention of

(i) becoming a candidate in an election, or

(ii) seeking the endorsement of an elector organization for an election;

"endorse" means, in relation to an elector organization, endorsement under section 51 [ballot showing candidate endorsement by elector organization]; .

279 Section 10 (1) (d) is repealed and the following substituted:

(d) the office becomes vacant under section 64 [disqualification for failure to file disclosure statement] or 141 [disqualification for failure to make oath or attend meetings]; .

280 Section 19 (2) (b) is repealed and the following substituted:

(b) order a person to leave the place where the proceedings are being conducted and the immediate vicinity of that place, if the circumstances referred to in subsection (3) (a) to (d) occur; .

281 Section 26 (1) (a) is repealed and the following substituted:

(a) at the time of voting in accordance with section 30 or 30.1, or .

282 Section 27 is repealed and the following substituted:

Voting day registration only

27. The Council may, by by-law, limit registration of electors to registration at the time of voting.

283 Section 30 is repealed and the following substituted:

How to register as a resident elector at the time of voting

30. (1) A person may register as a resident elector immediately before voting by

(a) either

(i) delivering an application form in accordance with section 28 to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under that section in the manner established by the chief election officer, and

(b) satisfying that official of the applicant's identity and place of residence in accordance with subsection (2).

(2) For the purposes of subsection (1) (b), an individual may either

(a) produce to the election official at least 2 documents that provide evidence of the applicant's identity and place of residence, at least one of which must contain the applicant's signature, or

(b) produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature, and make a solemn declaration as to the applicant's place of residence within the meaning of section 25.

(3) Documents accepted under subsection (2) must either be documents prescribed as acceptable under section 128 or provide evidence satisfactory to the election official respecting the matter.

(4) The election official registering an elector under this section must note on the application the nature of the documents produced for the purposes of subsection (1) (b).

(5) The election official responsible for receiving application forms under subsection (1) is the presiding election official or another election official designated by the presiding election official.

How to register as a non-resident property elector at the time of voting

30.1 (1) A person may register as a non-resident property elector immediately before voting by

(a) either

(i) delivering an application form in accordance with section 28 to the election official responsible at the place where the person is voting, or

(ii) providing to that official the information required under that section in the manner established by the chief election officer,

(b) satisfying that official of the applicant's identity in accordance with subsection (2), and

(c) delivering a certificate under section 31 to that official.

(2) For the purposes of subsection (1) (b), an individual must produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature.

(3) Section 30 (3) to (5) applies for the purposes of this section.

284 Section 31 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) In order to obtain a certificate required to register under section 30.1, a person may apply as follows:

(a) during voting hours when voting proceedings are being conducted for advance voting or general voting, at the place and to the official designated by the chief election officer;

(b) at any time up during regular office hours for City Hall, by applying at the City Hall to the City Clerk;

(c) if the chief election officer makes additional provision for the purposes of this subsection, by applying at a place and to an official designated by the chief election officer. , and

(b) in subsection (3) by striking out "if the person proposing to register provides" and substituting "if the applicant provides".

285 Section 34 (4) (a) is repealed and the following substituted:

(a) must add to the register persons who have registered in accordance with section 29, 30 or 30.1, .

286 Section 35 is amended

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

(6) At least 6 but not more than 30 days before the first day on which the list of registered electors is required to be available under subsection (3), notice must be given in accordance with section 17 that

(a) a copy of the list of registered electors will be available for public inspection at the City Hall during its regular office hours from the date specified in the notice until the close of general voting for the election,

(b) an elector may request that personal information respecting the elector be omitted from or obscured on the list in accordance with subsection (10), and

(c) an objection to the registration of a person as an elector may be made in accordance with section 36 before 4 p.m. on the 36th day before general voting day. , and

(b) by repealing subsections (10) and (11) and substituting the following:

(10) If requested by an elector in order to protect the privacy or security of the elector, the chief election officer must amend a list of registered electors that is to be provided under subsection (8), or that is to be available for public inspection, by omitting or obscuring the address of the elector or other information about the elector.

287 Section 38 (2) (d) is repealed and the following substituted:

(d) a person who is disqualified under section 64, 64.3 or 141;

288 Section 44 (2) (b) is repealed and the following substituted:

(b) a solemn declaration of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered,

(i) that he or she is qualified under section 38 to be nominated for the office, and

(ii) that, to the best of the person's knowledge, the information provided in the nomination documents is
true; .

289 The following section is added:

Nomination deposits

44.1 (1) The Council may, by by-law, require that a nomination for mayor or councillor, or both, be accompanied by a nomination deposit.

(2) The amount of a required nomination deposit may be different for the office of mayor and the office of councillor, but must not be greater than $100.

(3) A nomination deposit must be held by the chief election officer to be dealt with as follows:

(a) if the person nominated is not declared to be a candidate under section 46, the deposit is to be returned to the person or to the financial agent of the person;

(b) if the person nominated files a disclosure statement as required by section 62 or as the requirements of that section are modified by court order under section 63, the deposit is to be returned to the person or the financial agent of the person;

(c) in other cases, the deposit is forfeited and is to be paid to the city.

290 Section 45 is amended

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

(1) In order to make a nomination,

(a) the nomination documents required by section 44, and

(b) if applicable, the nomination deposit required under section 44.1,

must be received before the end of the nomination period by the chief election officer or a person designated by the chief election officer for this purpose. ,

(b) in subsections (2) and (3) by striking out "nomination documents" and substituting "the nomination documents and nomination deposit", and

(c) by adding the following subsection:

(5.1) After receiving nomination documents, the chief election officer must review the list under section 92.3 [disqualification list] of the Municipal Act to determine whether an application must be made under section 47 (4.1) [challenge required if candidate or organization appears to be disqualified].

291 Section 47 (3) and (4) is repealed and the following substituted:

(3) A challenge may be made only by a person who is an elector, by another nominee or by the chief election officer.

(4) A challenge may only be made on one or more of the following bases:

(a) that the person is not qualified to be nominated or elected;

(b) that the nomination was not made in accordance with sections 43 to 45;

(c) that the usual name given under section 44 (1) (b) in the nomination documents is not in fact the usual name of the person;

(d) that the person is not in fact endorsed by the elector organization named in the nomination documents;

(e) that the named organization is not an elector organization within the meaning of section 51 [endorsement of candidate];

(f) that the named organization is disqualified from endorsing a candidate under

(i) section 64.1 [failing to file disclosure statement] or section 64.4 [false or incomplete reports] of this Act,

(ii) section 92.1 [failing to file disclosure statement] or section 92.5 [false or incomplete reports] of the Municipal Act, or

(iii) a section referred to in subparagraph (i) or (ii) as they apply for the purposes of another Act.

(4.1) The chief election officer must commence a challenge under this section if, on a review under section 45 (5.1) [review of disqualification list], it appears to the chief election officer that a person is disqualified from being nominated or that an organization named in the nomination documents is disqualified from endorsing a candidate.

292 Section 49 (2) (d) to (g) is repealed and the following substituted:

(d) the documents that will be required in order for a person to register as an elector at the time of voting;

(e) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;

(f) if applicable, information required to be included under section 138 (6) regarding neighbourhood constituencies or section 75 (4) regarding voting divisions.

293 Section 55 is amended

(a) by repealing the definition of "candidate",

(b) in the definition of "campaign contribution" by striking out "of an election campaign;" and substituting "of an election campaign, including the amount of any money provided by a candidate in relation to the person's election campaign;", and

(c) by adding the following definitions:

"disclosure statement" means a disclosure statement under section 62;

"late filing period" means the period specified under section 62.2 (a) [30 day late filing period for disclosure statements];

"supplementary report" means a supplementary report under section 62.1; .

294 Section 56 (1) is amended by adding the following paragraph:

(a.1) to promote the selection of the person to be endorsed by an elector organization or to oppose the selection of another person; .

295 Section 57 (3) is amended by striking out "may" and substituting "must".

296 The following section is added:

Campaign accounts

57.1 The financial agent must

(a) open one or more campaign accounts at a savings institution, exclusively for the purposes of the election campaign and in the name of the candidate's or elector organization's election campaign, as applicable,

(b) ensure that all campaign contributions of money are deposited into the campaign accounts, and

(c) ensure that all payments for election expenses are made from the campaign accounts.

297 Section 60 is repealed and the following substituted:

Financial agent must record contribution and expenses

60 (1) For the purposes of complying with the reporting requirements of this Division, a financial agent must record the following for each campaign contribution made to the candidate or elector organization for whom the financial agent is acting:

(a) the value of the contribution;

(b) the date on which the contribution was made;

(c) the full name and address of the contributor, unless it is an anonymous contribution;

(d) the class of the contributor as described in subsection (3);

(e) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least 2 individuals

(i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal officers or principal members of the organization.

(2) Subsection (1) does not apply to campaign contributions of services referred to in section 61 (2).

(3) Contributors must be classified as follows:

(a) individuals;

(b) corporations;

(c) unincorporated organizations engaged in business or commercial activity;

(d) trade unions;

(e) non-profit organizations;

(f) other contributors.

(4) The financial agent must maintain records of election expenses sufficient to meet the requirements of this Division.

(5) The records required by this section must be retained by the financial agent, candidate or elector organization until 7 years after general voting day for the election to which they relate.

298 The following section is added:

Transfer of candidate's surplus campaign funds

61.1 (1) This section applies if, after the election and after the payment of a candidate's election expenses and any other reasonable expenses incidental to the candidate's election campaign, there is a balance remaining in an account referred to in section 57.1 [campaign accounts] for the candidate.

(2) If the candidate made campaign contributions in relation to his or her election campaign, the financial agent may refund the campaign contributions to the candidate, to the extent that the total balance in the accounts permits this.

(3) If, after any refund under subsection (2), the total balance in the accounts is less than $500, the financial agent may pay the balance to the candidate or in accordance with the directions of the candidate.

(4) If, after any refund under subsection (2), the total balance in the accounts is $500 or more, the financial agent of the candidate must pay the balance as soon as practicable to the city.

(5) Funds received by the city under subsection (4), including accumulated interest, must be held in trust by the city to be dealt with as follows:

(a) if the person in respect of whom they were paid is a candidate within the meaning of section 46 [declaration of candidates] in an election for the city in the next general local election or in a by-election called before that time, the city must pay the funds to the financial agent of the candidate for use in the election;

(b) if the funds are not paid out under paragraph (a), the funds cease to be trust funds and become part of the general revenue of the city.

299 Sections 62 to 65 are repealed and the following substituted:

Duty to file disclosure statement

62 (1) Within 120 days after general voting day for an election, the financial agent of

(a) each person who was declared to be a candidate under section 46, and

(b) each elector organization

must file with the City Clerk a disclosure statement in accordance with this section.

(2) The candidate or elector organization must ensure that the financial agent files a disclosure statement in accordance with this section.

(3) For certainty, a disclosure statement is required even if the candidate receives no campaign contributions, incurs no election expenses, is acclaimed, dies, withdraws from the election or is declared by a court to no longer be a candidate.

(4) A disclosure statement must include the following in relation to the election campaign of the candidate or elector organization:

(a) the total amount of campaign contributions;

(b) for each person or unincorporated organization who made a campaign contribution of $100 or more, the information referred to in section 60 (1) (a) to (e) other than the address of an individual;

(c) for each anonymous campaign contribution, that was given to the city under section 59 (2), the information referred to in section 60 (1) (a) and (b);

(d) for contributions not referred to in paragraph (b) or (c), the total value of the campaign contributions received and the total number of contributors from whom they were received;

(e) the total amount of election expenses;

(f) the total amount of election expenses in each class prescribed by regulation under section 128;

(g) any transfers received from the city under section 61.1 (5) (a) [transfer of candidate's surplus election funds];

(h) any balance for a candidate as referred to in section 61.1 (1) [transfer of candidate's surplus elections funds], or any equivalent deficit, on the day the report is prepared;

(i) if there was a surplus as referred to in section 61.1 (1) [transfer of candidate's surplus elections funds], how that surplus was dealt with;

(j) any other information required by regulation under section 128.

(5) For the purposes of this section, if a person or unincorporated organization makes more than one campaign contribution to a candidate or elector organization, the person or organization is deemed to have made a single campaign contribution in an amount equal to the total value of the actual campaign contributions.

(6) The disclosure statement must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 51 (3) (f) [chief official of organization] that, to the best of the knowledge, information and belief of the person making the declaration,

(a) the disclosure statement completely and accurately discloses the required information, and

(b) the requirements of this Division have been met in relation to the election campaign of the candidate or elector organization, as applicable.

Duty to file supplementary reports

62.1 (1) A supplementary report must be filed with the City Clerk within 30 days after the financial agent, or the candidate or elector organization for whom a disclosure statement was filed, becomes aware that

(a) any of the information reported in the disclosure statement has changed, or

(b) the disclosure statement did not completely and accurately disclose the information required to be included in the disclosure statement.

(2) A supplementary report under this section must

(a) report the new information in accordance with the requirements of section 62, and

(b) state the circumstances that have led to the filing of the report.

(3) A supplementary report under this section must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 51 (3) (f) [chief official of organization] that, to the best of the knowledge, information and belief of the person making the declaration,

(a) the report completely and accurately discloses the required information, and

(b) the requirements of this Division have been met in relation to the election campaign of the candidate or elector organization, as applicable.

Late filing of disclosure statements

62.2 The disqualifications under sections 64 [candidate disqualification for failure to file disclosure statement] and 64.1 [elector organization disqualification for failure to file disclosure statement] do not apply in the following circumstances:

(a) if the disclosure statement is filed within 30 days after the time period established by section 62 (1) [duty to file disclosure statement] and a late filing penalty of $500 is paid to the city;

(b) if an order under section 63 relieves the candidate or elector organization from the obligation to file the disclosure statement;

(c) if

(i) an order under section 63 does not relieve the candidate or elector organization from the obligation to file the disclosure statement but does provide other relief, and

(ii) the disclosure statement complies with the order and is filed by the end of the late filing period under paragraph (a) or the time set for filing by the order, as applicable.

Court order for relief from filing obligations

63 (1) A candidate or elector organization may apply to the Supreme Court in accordance with this section for relief from an obligation to file a disclosure statement or supplementary report.

(2) An application in relation to a disclosure statement must be made before the end of the late filing period, but an application in relation to a supplementary report may be made at any time.

(3) No later than 7 days after a petition commencing an application is filed in the court registry, it must be served on the city.

(4) No later than 14 days after the petition is filed, the applicant must apply to have the matter set down for hearing by the Supreme Court and the date set by the court for hearing must be no later than 28 days after the petition is filed.

(5) On the hearing of an application, the court may do the following:

(a) relieve the candidate or elector organization

(i) from the obligation to file the disclosure statement or supplementary report, or

(ii) from specified obligations in relation to the statement or report,

if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;

(b) grant an extension of the time for filing if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;

(c) make any additional order the court considers appropriate to secure compliance with this Division to the extent the court considers reasonable in the circumstances;

(d) refuse to grant an extension or other relief.

(6) If the court grants an extension under subsection (5) (b) for a disclosure statement, the order must specify whether the penalty referred to in section 62.2 (a) must be paid in order for the statement to be filed.

Candidate disqualification for failure to file disclosure statement

64 (1) Unless a court order under section 63 relieves the candidate from the obligation to file a disclosure statement, a candidate for whom the disclosure statement is not filed before the end of the late filing period is subject to the following penalties:

(a) in the case of a candidate who is declared elected, at the applicable time under subsection (2) the council member ceases to hold office and the seat of the member becomes vacant;

(b) in all cases, from the applicable time under subsection (2) the person is disqualified from being nominated for, elected to or holding office on Council, the council of another municipality, the board of a regional district or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election.

(2) The time at which a candidate becomes subject to the penalties under subsection (1) is as follows:

(a) if no application under section 63 is commenced, at the end of the late filing period;

(b) if an application under section 63 is commenced but the matter is not set for hearing in accordance with section 63 (4), 15 days after the petition was filed;

(c) if, on an application under section 63, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;

(d) if, on an application under section 63, the Supreme Court grants relief but the candidate does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.

(3) If a person who is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalties under this section.

(4) On the final determination of an appeal, if the court relieves the candidate from the obligation to file the disclosure statement, or grants other relief and the candidate complies with the court order,

(a) if the term of office for which the candidate was elected has not ended,

(i) the candidate is entitled to take office for any unexpired part of the term, and

(ii) if the candidate exercises this right, any person currently holding the office ceases to hold office, and

(b) the candidate is entitled to be elected at any following election if otherwise qualified.

Elector organization disqualification for failure to file disclosure statement

64.1 (1) Unless a court order under section 63 relieves the elector organization from the obligation to file a disclosure statement, an elector organization for whom the disclosure statement is not filed before the end of the late filing period is disqualified from endorsing a candidate under section 51 of this Act or section 79 of the Municipal Act, or those sections as they apply for the purposes of another Act, until after the next general local election.

(2) The time at which an elector organization becomes subject to the penalty under subsection (1) is as follows:

(a) if no application under section 63 [court order for relief] is commenced, at the end of the late filing period;

(b) if an application under section 63 is commenced but the matter is not set for hearing in accordance with section 63 (4), 15 days after the petition was filed;

(c) if, on an application under section 63, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;

(d) if, on an application under section 63, the Supreme Court grants relief but the elector organization does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.

(3) If an elector organization that is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalty under this section.

Public notice of failure to file

64.2 (1) Reports respecting the following must be presented at an open meeting of the Council:

(a) the name of any candidate or elector organization for whom a disclosure statement is not filed within the time period under section 62 (1) [duty to file disclosure statement];

(b) the name of any candidate or elector organization for whom a disclosure statement is not filed by the end of the late filing period;

(c) the name of any candidate who is subject to a penalty under section 64 [failure to file for candidate] or any elector organization that is subject to a penalty under section 64.1 [failure to file for elector organization].

(2) A report under subsection (1) must be presented as soon as practicable after the City Clerk becomes aware of the applicable circumstances referred to in that subsection.

(3) The City Clerk must send to the Inspector of Municipalities a copy of any report under subsection (1) (c), together with a copy of the nomination under section 44 (1) for the candidate or a copy of the solemn declaration under section 51 (2) [endorsement declaration] for the elector organization, as applicable.

Candidate disqualification for false or incomplete reports

64.3 (1) Subject to subsection (3), if

(a) a disclosure statement for a candidate does not comply with the requirements of section 62 (4), subject to any relief in relation to those requirements provided by court order under section 63, or

(b) a supplementary report for a candidate does not comply with the requirements of section 62.1 (2), subject to any relief in relation to those requirements provided by court order under section 63,

the candidate is disqualified from being nominated for, elected to or holding office on Council, the council of another municipality, the board of a regional district or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election.

(2) For certainty, if a candidate is disqualified by reason of subsection (1) (a), the filing of a supplementary report does not relieve the candidate from the disqualification.

(3) A candidate is not disqualified under subsection (1) if he or she exercised due diligence to ensure that the applicable requirements were met.

Elector organization disqualification for false or incomplete reports

64.4 (1) Subject to subsection (3), if

(a) a disclosure statement for an elector organization does not comply with the requirements of section 62 (4), subject to any relief in relation to those requirements provided by court order under section 63, or

(b) a supplementary report for an elector organization does not comply with the requirements of section 62.1 (2), subject to any relief in relation to those requirements provided by court order under section 63,

the elector organization is disqualified from endorsing a candidate under section 51 of this Act or section 79 of the Municipal Act, or those sections as they apply for the purposes of another Act, until after the next general local election.

(2) For certainty, if an elector organization is disqualified by reason of subsection (1) (a), the filing of a supplementary report does not relieve the elector organization from the disqualification.

(3) An elector organization is not disqualified under subsection (1) if its financial agent exercised due diligence to ensure that the applicable requirements were met.

Disclosure statements and supplementary reports to be available for public inspection

65 (1) The disclosure statements and signed declarations under section 62 and the supplementary reports and signed declarations under section 62.1 must be available for public inspection in the City Hall during its regular office hours from the time of filing until 7 years after general voting day for the election to which they relate.

(2) Before inspecting a document referred to in subsection (1), a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.

300 Section 69 (5) is repealed and the following substituted:

(5) At least 6 but not more than 30 days before a required advance voting opportunity, the chief election officer must give notice in accordance with section 17 [public notices] of

(a) the date, location of the voting places and voting hours for the voting opportunity,

(b) the documents that will be required in order for a person to register as an elector at the time of voting, and

(c) the place where persons may apply on an advance voting day for non-resident property elector certificates required in order to register at the time of voting.

301 Section 74 (3) and (4) is repealed and the following substituted:

(3) If a by-law under subsection (1) includes only provisions referred to in subsection (2), to the extent there is an inconsistency between the procedures, rules and requirements established by the by-law and the procedures, rules and requirements established by or under this Part, the by-law prevails.

(4) If a by-law under subsection (1) includes provisions other than those referred to in subsection (2) and is approved by the minister, to the extent that there is an inconsistency between the procedures, rules and requirements established by the by-law and the procedures, rules and requirements established by or under this Part, the by-law prevails.

302 Section 75 is repealed and the following substituted:

Voting divisions

75. (1) The Council may, by by-law,

(a) establish voting divisions, or

(b) authorize the City Clerk or chief election officer to establish voting divisions.

(2) The authority under subsection (1) is subject to any requirements, limits and conditions established by regulation under section 128.

(3) Subject to subsection (4), if voting divisions are established,

(a) electors who reside in a voting division, and

(b) electors who are non-resident property electors in relation to property within the voting division

may vote on general voting day only at the voting place specified for that voting division.

(4) The restriction under subsection (3) does not apply to voting at an additional general voting opportunity or a special voting opportunity.

(5) If voting divisions are established, the notice of election under section 49 must include the following additional information:

(a) that voting divisions will be used in the election;

(b) that electors who

(i) reside in a voting division, or

(ii) are non-resident property electors in relation to property within a voting division,

will be entitled to vote on general voting day only at the voting place specified for the voting division unless they are voting at an additional general voting opportunity or a special voting opportunity, if any is offered;

(c) either

(i) the boundaries of each voting division and the voting place for each division, or

(ii) how electors can obtain information as to where they are entitled to vote on general voting day.

(6) The chief election officer may provide notice to electors in a voting division of the voting place where they are entitled to vote in addition to the notice under section 49.

303 Section 87 (1) (a) is repealed and the following substituted:

(a) if the person is not shown on the list of registered electors as having registered in advance, the person must register in accordance with section 30 or 30.1; .

304 Section 119 (2) is repealed and the following substituted:

(2) If a person who is declared disqualified to hold office by the Supreme Court appeals the decision, the appeal does not operate as a stay of the declaration and the person is disqualified pending the final determination of the appeal.

305 The following section is added:

Prohibition against certain election advertising on general voting day

124.1 (1) For the purposes of this section:

"election advertising" means advertising used

(a) to promote or oppose, directly or indirectly, the election of a candidate, or

(b) to promote or oppose, directly or indirectly, an elector organization that is endorsing a candidate;

"sponsor" means

(a) a person who is liable to pay for election advertising, or

(b) if the services of conducting the election advertising are provided without charge as a campaign contribution within the meaning of Division (8) [Campaign Financing], the candidate or elector organization to whom the services are provided as a contribution.

(2) On general voting day, a person must not conduct election advertising by publishing it in a newspaper or magazine or on radio or television.

(3) A person must not act as sponsor or agree to act as sponsor of election advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia.

306 Section 125 (5) is repealed and the following substituted:

(5) In relation to Division (8) of this Part, a person must not contravene any of the following:

section 57.1 [campaign accounts];

section 58 [restrictions on accepting contributions and incurring expenses];

section 59 [restrictions on making campaign contributions];

section 61.1 (4) [transfer of candidate's surplus];

section 62 [duty to file disclosure statement].

307 The following section is added:

Prosecution of organizations and their directors and agents

125.1 (1) An act or thing done or omitted by an officer, director, employee or agent of an organization within the scope of the individual's authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.

(2) If an organization commits an offence under this Part, an officer, director, employee or agent of the organization who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the organization is convicted of the offence.

(3) A prosecution for an offence under this Part may be brought against an unincorporated organization in the name of the organization and, for these purposes, an unincorporated organization is deemed to be a person.

308 Section 126 is amended

(a) in subsection (2) by striking out "section 125" and substituting "section 124.1 or 125", and

(b) by adding the following subsection:

(4) A person is not guilty of an offence under this Part if the person exercised due diligence to prevent the commission of the offence.

309 Section 128 (2) is amended

(a) by adding the following paragraph:

(a.1) prescribing classes of documents that may be accepted as evidence for the purpose of section 30 [how to register as a resident elector at the time of voting] or 30.1 [how to register as a non-resident property elector at the time of voting]; , and

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

(e) prescribing classes of election expenses for the purposes of section 62 (4) (f) [reporting of election expenses by class];

(e.1) prescribing information that must be included in a disclosure statement under section 62 (4) (j) [additional information]; .

310 Section 130 is amended by adding the following subsection:

(3) For the purposes of applying section 124.1 [prohibition against certain election advertising on general voting day] to voting referred to in subsection (1), advertising is deemed to be election advertising if it is used to promote or oppose, directly or indirectly, a particular outcome in the vote.

311 Section 145.1 is amended

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

(1) This section applies to members of Council in relation to

(a) Council meetings, and

(b) meetings of committees referred to in section 165.6 [standing, select and other Council committees], and

(c) meetings of bodies that are subject to section 165.7 [application to other city bodies]. ,

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

(4) If a Council member attending a meeting considers that he or she is not entitled to

(a) participate in the discussion of a matter, or

(b) vote on a question in respect of a matter,

the member shall declare this and state the general nature of why the member considers this to be the case. ,

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

(7) Without limiting subsection (4), if a Council member has a direct or indirect pecuniary interest in a matter, the member must not

(a) participate in the discussion of the matter, or

(b) vote on a question in respect of the matter. , and

(d) by repealing subsection (11) and substituting the following:

(11) The Council may apply to the court for an order under subsection (12) if, as a result of subsection (4), the number of Council members who may discuss and vote on a matter falls below

(a) the quorum for Council, or

(b) the number of Council members required to adopt the applicable by-law or resolution.

(11.1) An application under subsection (11) may be made without notice to any other person.

312 The following section is added:

Meeting procedures

164.1 (1) The Council must, by by-law, do the following:

(a) establish the procedures that are to be followed for the conduct of its business, including the manner by which resolutions may be passed and by-laws adopted;

(b) establish the procedures that are to be followed in conducting meetings of

(i) select and standing committees of Council, and

(ii) any other committee composed solely of Council members acting in that capacity;

(c) establish the time and place of regular meetings of Council;

(d) require advance public notice respecting the time, place and date of Council and committee meetings and establish the procedures for giving that notice.

(2) A by-law under this section must not be altered except by a by-law passed at a regular Council meeting in accordance with a notice in writing given and openly announced at an earlier regular meeting.

(3) If permitted under subsection (4), a Council meeting may be conducted by means of electronic or other communications facilities.

(4) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (3) and prescribing conditions, limits and requirements respecting such meetings.

313 Section 165 (a) is repealed and the following substituted:

(a) the conduct of Council members at meetings of the Council and its committees; .

314 The following sections are added:

General rule: meetings must be open to the public

165.1 Subject to section 165.2 [closed meetings], a Council meeting must be open to the public.

Meetings that may or must be closed

165.2 (1) A part of a Council meeting may be closed to the public if the subject matter being considered relates to one or more of the following:

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the city or another position appointed by the city;

(b) personal information about an identifiable individual who is being considered for an award or honour, or who has offered to provide a gift to the city on condition of anonymity;

(c) labour relations or employee negotiations;

(d) the security of property of the city;

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure might reasonably be expected to harm the interests of the city;

(f) law enforcement, if the Council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an Act, regulation or by-law;

(g) consideration of whether paragraph (e) or (f) applies in relation to a matter;

(h) litigation or potential litigation affecting the city;

(i) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(j) information that is prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act;

(k) a matter prescribed by regulation under section 165.8.

(2) A part of a Council meeting must be closed to the public if the subject matter is a matter that, under another enactment, is such that the public must be excluded from the meeting.

(3) If the only subject matter being considered at a Council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.

Resolution required before meeting closed

165.3 Before a meeting or part of a meeting is closed to the public, the Council must state, by resolution,

(a) the fact that the meeting is to be closed, and

(b) the basis under section 165.2 on which the meeting is to be closed.

No by-law votes in a closed meeting

165.4 The Council must not vote on the reading or adoption of a by-law when its meeting is closed to the public.

Expulsion from meeting for improper conduct

165.5 If the mayor or other person presiding at a Council meeting considers that a person is guilty of improper conduct, the person presiding may expel and exclude the other person from the meeting.

Application to Council committee meetings

165.6 Sections 165.1 to 165.5 apply to meetings of select and standing committees of Council and of any other committee composed solely of Council members acting in that capacity.

Application to other city bodies

165.7 Subject to the regulations under section 165.8, sections 165.1 to 165.5 apply to meetings of the following:

(a) a public auditorium or museum board or commission under section 204A;

(b) the Building Board of Appeal under section 306B;

(c) the Vancouver Athletic Commission under section 338;

(d) the Park Board under section 485;

(e) the Board of Variance under section 572;

(f) heritage commission under section 581;

(g) a Court of Revision under this Act;

(h) other administrative bodies, other than the Board of Police Commissioners;

(i) an advisory committee, or other advisory body, established by Council under this or another Act;

(j) a prescribed body.

Regulations respecting open meetings

165.8 The Lieutenant Governor in Council may make regulations to do one or more of the following:

(a) prescribing a matter for the purposes of section 165.2 (1) (k);

(b) prescribing a body or class of body for the purposes of section 165.7 (j);

(c) in relation to section 165.7, excluding a specified body from the application of sections 165.1 to 165.5;

(d) modifying the effect of sections 165.1 to 165.5 in relation to a body that is subject to those provisions under section 165.7.

315 The following section is added:

Delegation of Council hearings and appeals

277.1 (1) Council may, by resolution, delegate the holding of a hearing under section 275 or 278, or an appeal under section 277, specifically, by class or generally, to one or more council members.

(2) If a hearing in relation to a matter is delegated under subsection (1), a delegation of the power to make a Council 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.

(3) If the holding of a hearing is delegated under subsection (1) and the power to make the Council decision in relation to the same matter is not delegated under subsection (2), the Council must not make the decision until the delegate reports to the Council, either orally or in writing, the views expressed at the hearing.

(4) For certainty, if a delegation has been made under subsection (1), the Council may exercise its authority under that subsection to change that delegation to a different delegation in relation to a specific matter.

316 Section 374.3 is amended by adding the following subsection:

(3) The Lieutenant Governor in Council may only make a regulation under subsection (1) after the minister has consulted with representatives of the Union of British Columbia Municipalities respecting the proposed regulation.

317 Sections 374.4 and 375.5 are repealed and the following substituted:

Assessment averaging and phasing in by-laws

374.4 (1) Instead of levying rates on the assessed value of land and improvements, the Council may, by by-law, levy the rates under subsection (2) or (3).

(2) For an assessment averaging option, rates may be imposed on the amount determined in accordance with the following formula:

Amount = averaged land value + assessed improvements value

where
averaged land value = the average of the assessed value of the land in the current year and the 2 preceding years;
assessed improvements value = the assessed value of improvements in the current year.

(3) For an assessment phasing option, rates may be imposed on the amount determined in accordance with the following formula:

Amount = (assessed land value – phasing reduction) + assessed improvements value

where
assessed land value = the assessed value of the land in the current year;
phasing reduction = the phasing percentage established by the bylaw, being not less than 50% and not more than 66 %, of the difference between
(a) the increase in the assessed value of the land in the current year from the previous year, and
(b) the assessed value of the land in the previous year multiplied by the average percentage increase in the assessed value from the previous year to the current year of all land within the city included in the same property class;
assessed improvements value = the assessed value of improvements in the current year.

(4) The Council shall not adopt a by-law under this section unless the following requirements are met:

(a) the Council complies with the requirements of any regulations under subsection (11);

(b) before January 1 of the year in which the by-law is to take effect, notice of intent to consider the by-law is provided to the assessment commissioner;

(c) after January 1 of the year in which the by-law is to take effect and at least 2 weeks before the adoption of the by-law, a notice that

(i) contains the prescribed information, and

(ii) describes the estimated effect of the by-law on the taxation of sample properties within the city

is published in 2 consecutive issues of a newspaper;

(d) the by-law is adopted before March 31 in the year in which it is to take effect;

(e) the by-law establishes a procedure to allow property owners to complain to the Council, sitting as a Court of Revision, about errors made in applying the by-law to their property.

(5) Subject to any regulation made under subsection (11), a by-law under this section may

(a) apply to one or more property classes, or

(b) modify the averaging formula in subsection (2) or the phasing formula in subsection (3) to exempt from the by-law or govern the application of the by-law to particular types of property within a property class.

(6) The authority under subsection (5) (b) includes authority in relation to property with an assessed value of that is different from that on the previous assessment roll because of one or more of the following:

(a) an error or omission;

(b) a subdivision or consolidation or a new development to, on or in the land;

(c) a change in

(i) physical characteristics,

(ii) zoning,

(iii) the classification of the property under section 19 (14) of the Assessment Act, or

(iv) the eligibility of the property for assessment under section 19 (8), 23 or 24 of the Assessment Act;

(d) any other prescribed factor.

(7) If the Council adopts a by-law under this section, the following rules apply:

(a) the assessed value or the net taxable value shall continue to be the basis for determining the amount of money to be raised in the city for the purposes of the following:

(i) section 824 of the Municipal Act;

(ii) sections 119 and 137 of the School Act;

(iii) section 17 of the Assessment Authority Act;

(iv) sections 15 and 17 of the Municipal Finance Authority Act;

(v) section 14 of the British Columbia Transit Act;

(vi) any other prescribed enactment;

(b) the value determined under the by-law, and not the assessed value or the net taxable value referred to in this or any other Act, shall be the basis for taxing properties within the property classes specified in the by-law to raise the money required under the provisions referred to in paragraph (a).

(8) If

(a) a body other than the Council sets a rate under an enactment for calculating property taxes, and

(c) the Council adopts a by-law under this section,

then, despite any other Act, the Council shall, by resolution, substitute a rate that is sufficient to raise the same amount of revenue in the city for that body from each property class to which the by-law applies as the amount that would have been raised for that body had that by-law not been adopted.

(9) If the amount of revenue raised in any year for a body under subsection (8) is more or less than the amount that would have been raised had the Council not substituted the rate, the difference must be used to adjust the rate for the next year.

(10) On the initiative of the Collector of Taxes or on the request of an owner who is notified under section 403 of adjustments to the net taxable value of the owner's property, the Collector of Taxes may correct errors made in applying the by-law to any property.

(11) The Lieutenant Governor in Council may make regulations as follows:

(a) restricting the property classes to which a by-law under this section may apply;

(b) defining any term used in this section;

(c) governing the way in which the averaging formula in subsection (2) or the phasing formula in subsection (3) may be modified to exempt from the by-law or govern the application of the by-law to particular types of property referred to in subsection (6);

(d) prescribing the information to be contained in the notice that is to be published under subsection (4) (c);

(e) prescribing factors for the purposes of subsection (6) and enactments for the purposes of subsection (7).

318 Section 565.2 (8) is amended by striking out "section 315 of the Land Title Act" and substituting "section 386 of the Land Title Act".

 
Waste Management Act

319 Section 19 (1) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended in the definition of "regional district" by repealing paragraph (a) and substituting the following:

(a) a regional district as defined in the Municipal Act, or .

 
Water Act

320 Section 9 (1) (c) of the Water Act, R.S.B.C. 1996, c. 483, is repealed and the following substituted:

(c) a municipality to exercise the authorities referred to in section 555 of the Municipal Act.

Part 3 -- Transitional Provisions

Definitions

321 (1) In this Part:

"new" in relation to a statutory provision means the provision as amended or enacted by the applicable provision of this Act;

"old" in relation to a statutory provision means the provision as it read before repeal, replacement or amendment by the applicable provision of this Act.

(2) The definitions in the new section 5 of the Municipal Act apply.

Relationship with transitional regulations

322 The provisions of this Part are in addition and subject to any regulation under section 6.7 [interim regulations] of the Municipal Act.

1999 general local elections

323 (1) In this section:

"election amendments" means the amendments made by the sections of this Act referred to in section 336 (3), other than sections 63 and 146;

"local authority" means the council of a municipality including the City of Vancouver, the board of a regional district, a board of school trustees or another body all or some of whose members are elected in accordance with Part 3 of the Municipal Act or Part I of the Vancouver Charter;

"1996 general local elections" means the local authority elections that were held as part of or at the same time as the 1996 general local election under the Municipal Act;

"1999 general local elections" means the local authority elections that are part of or held at the same time as the 1999 general local election under the Municipal Act.

(2) The expressions in this section have the same meaning as they have in the new Division 8 of Part 3 of the Municipal Act or the new Division (8) of Part I of the Vancouver Charter, as applicable.

(3) Subject to subsection (4), the election amendments do not apply to the following and, instead, the old enactments apply:

(a) elections that are held before the time of the 1999 general local elections;

(b) voting on matters other than elections that is conducted before the time of the 1999 general local elections;

(c) except in relation to the 1999 general local election and following elections, persons currently holding elected office or appointed to an office for which elections may be held.

(4) The new section 93 [reports to be available for public inspection] of the Municipal Act and the new section 65 of the Vancouver Charter apply in relation to the 1996 general local election and to elections for local authority office held since that general local election.

(5) For certainty, the election amendments apply for the purposes of the 1999 general local elections.

(6) As an exception to any other provision establishing an earlier time limit, in order for a bylaw under the election amendments to apply in relation to an election that is part of the 1999 general local elections or other voting that is conducted at the same time, the bylaw must be adopted before September 30, 1999.

(7) A bylaw in relation to elections or other voting under the election amendments that is adopted before the date on which the election amendments are deemed to have come into force is retroactive to the date of adoption.

(8) For contributions of a candidate referred to in the new definition of "campaign contribution" in section 83 [contributions of candidate's own money] of the Municipal Act or section 55 of the Vancouver Charter, as applicable, that were made before the date on which this Act received First Reading in the Legislative Assembly, the obligations under the new section 90 of the Municipal Act or the new section 62 of the Vancouver Charter are satisfied if the person under the obligations uses the person's best efforts to satisfy the obligations.

(9) In relation to the obligations under the new section 85.1 [campaign accounts] of the Municipal Act or the new section 57.1 of the Vancouver Charter,

(a) the obligations are satisfied if the person under the obligations satisfies the obligations as soon as reasonably practicable after the date on which this Act received First Reading in the Legislative Assembly, and

(b) for certainty, all campaign contributions funds held by or to the credit of a candidate or elector organization at the time the accounts under the applicable section are established must be paid into the accounts.

(10) In relation to

(a) the obligations under the new section 88 (1) [recording of contributions and obligations] of the Municipal Act, and the related obligations under the new section 90 (4) [contents of disclosure statements] of that Act, that are different from the obligations under the old sections, and

(b) the obligations under the new section 60 (1) of the Vancouver Charter, and the related obligations under the new section 62 (4) of that Act, that are different from the obligations under the old sections,

those obligations are satisfied in relation to contributions received and expenses incurred before the date on which this Act received First Reading in the Legislative Assembly if the person under the obligations uses the person's best efforts to satisfy the obligations.

(11) The new section 92.2 [public notice of failure to file] of the Municipal Act and the new section 64.2 of the Vancouver Charter do not apply in relation to an election held before the 1999 general local elections.

Financial plans and statements

324 (1) A council may adopt a financial plan as described in the new section 327 [annual financial plan] of the Municipal Act before that section comes into force.

(2) A financial plan adopted under subsection (1) comes into force on the date on which the new section 327 of the Municipal Act comes into force or, if applicable, the later date specified in the bylaw.

(3) The new section 328 (3) of the Municipal Act does not apply in relation to local government financial statements for 1999.

(4) Auditing of the 1999 financial statements for local governments must be done in accordance with the old Part 14 [Accounts and Audit] of the Municipal Act.

Borrowing limits

325 If the applicable aggregate liabilities of a municipality exceed the limit under the new section 334 of the Municipal Act on the date that section comes into force, the inspector is deemed to have approved the excess under subsection (5) of that section if

(a) the municipality did not exceed its debt limit under the old section 449 [limits on municipal borrowing] of the Municipal Act at the time of its repeal, or

(b) the excess had been approved by the inspector under the old section 449 of the Municipal Act before that section was repealed.

Borrowing bylaws in progress

326 (1) Subject to subsection (2),

(a) a municipal bylaw under the old Part 12 [Debts and Securities] of the Municipal Act, or a regional district bylaw to which provisions of that Part applied, that was adopted before the time the new Part 9 [Financial Management] of the Municipal Act comes into force is deemed to be a bylaw under the equivalent provision of the new Part 9, and

(b) if a bylaw referred to in paragraph (a) has been given first reading before the new Part 9 [Financial Management] of the Municipal Act comes into force but has not yet been adopted at that time, the bylaw may be adopted in accordance with the old Part 12 and, on adoption, is deemed to be a bylaw under the equivalent provision of the new Part 9.

(2) If a bylaw referred to in subsection (1) is a comprehensive loan authorization bylaw under the old section 459 of the Municipal Act, it is deemed to be a loan authorization bylaw under the new section 335, except that the limit under the new section 335 (4) (b) [term for authority to borrow] is 10 years from the date of adoption of the bylaw.

Contracts that do not require counter petition opportunities

327 (1) A counter petition opportunity is not required for a liability to be incurred under an employment contract or collective agreement referred to in the new section 334.1.

(2) Subsection (1) also applies retroactively to employment contracts and collective agreements entered into before this section comes into force.

Limit on taxable property for business improvement areas

328 (1) Subject to this section, effective the date on which this Act received First Reading in the Legislative Assembly, a bylaw under the old section 252 [business improvement areas] of the Municipal Act may only impose taxes or charges on property that is taxable property within the meaning of the new section 651.1 of that Act.

(2) The limit in subsection (1) does not apply to a bylaw under the old section 252 that

(a) was given first reading before the date referred to in subsection (1), and

(b) is adopted within one year after that date.

(3) If a bylaw under the old section 252 was adopted before the date on which this Act was given First Reading in the Legislative Assembly or in accordance with subsection (2) of this section, and the bylaw imposes a tax or charge on property other than taxable property within the meaning of the new section 651.1, the bylaw ceases to have effect 5 years after the date on which this Act was given First Reading in the Legislative Assembly unless earlier repealed.

Notices for matters in progress

329 (1) This section applies to notices under the following new sections of the Municipal Act:

section 177 [disclosure of information relating to agreements];

section 187 [notice of proposed land disposition];

section 190 [disposal of utilities and sewer or water systems];

section 242 [counter petition process];

section 809 [regional district counter petitions].

(2) The requirements of the new sections referred to in subsection (1) that are additional to the requirements of the old sections 177, 187, 190, 242 and 809 of the Municipal Act do not apply

(a) to notices that are given before the applicable new section comes into force, and

(b) if more than one notice is required in relation to a matter and the first notice is given before the applicable new section comes into force, to a second or subsequent notice given after that time.

Required amendments to procedure bylaws

330 The obligations under the new sections 235 [procedure bylaw] and 794 of the Municipal Act and the new section 164.1 of the Vancouver Charter that are additional to existing obligations do not apply until 90 days after the applicable section comes into force.

Continuation of business licences and business taxes

331 (1) A business licence under the old Division 1 [Licensing of Businesses] of Part 20 of the Municipal Act that is current at the time the new Division 2 of Part 20 comes into force is deemed to be a business licence under the new Division 2 of Part 20.

(2) If a bylaw has imposed a tax under the old Division 10 [Business of Tax] of Part 11 [Taxes and Their Collection] of the Municipal Act, until the bylaw is repealed, the municipality continues to have the authority provided under the old provisions in relation to the bylaw and, for these purposes, that Division is deemed not to have been repealed, except that the bylaw may not be amended to increase the tax or impose additional tax.

Collection of 1999 taxes and imposition of new taxes

332 (1) The authority under the new Division 1 [Property Value Taxes] and Division 2 [Parcel Taxes] of Part 10.1 [Taxes, Fees and Charges] of the Municipal Act may not be exercised to impose taxes for 1999.

(2) The old provisions of the Municipal Act respecting the assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply in relation to property value taxes and parcel taxes for 1999 or earlier.

Continuation of parcel taxes

333 (1) A parcel tax imposed in accordance with the old Division 9 [Frontage Taxes] of Part 11 [Taxes and Their Collection] of the Municipal Act is deemed to be a parcel tax imposed under Division 2 [Parcel Taxes] of Part 10.1 [Taxes, Fees and Charges] of that Act, and an assessment roll authenticated under the old Division is deemed to be an assessment roll authenticated under the new Division.

(2) The requirement under the new section 360 (5) [report respecting how parcel tax determined] does not apply in relation to a parcel tax referred to in subsection (1) until 5 years after that new section comes into force, unless the authorizing bylaw for the parcel tax is amended during that period to impose a different rate.

Continuation of fees and charges

334 (1) A municipal fee or charge imposed by bylaw under an old provision of the Municipal Act that is not continued in the new provisions of that Act is deemed to be a fee or charge imposed by bylaw under the new Division 3 [Fees and Charges] of Part 10.1 [Taxes, Fees and Charges] of that Act.

(2) The requirement under the new section 363 (4) [report respecting how fee or charge determined] does not apply in relation to a fee or charge referred to in subsection (1) until 5 years after that new section comes into force, unless the authorizing bylaw for the fee or charge is amended during that period to change the amount of the fee or charge.

(3) If the old provisions of the Municipal Act provided authority to a municipality in relation to a bylaw referred to in this section that is not provided in the new provisions of that Act, until the bylaw is repealed the municipality continues to have the authority provided under the old provisions in relation to the bylaw and, for these purposes, they are deemed not to have been repealed, except that the bylaw may not be amended to increase the fees or charges or impose additional fees or charges.

Continuing authority for services

335 (1) If, at the time the new Part 15 [Municipal Services] of the Municipal Act comes into force, a municipality has adopted a bylaw in accordance with the old provisions of that Act, under which it is to provide a service inside the municipality, the bylaw is deemed to be a bylaw adopted under and in accordance with the applicable provision of that new Part.

(2) For certainty, subsection (1) applies to a service provided under an old provision of the Municipal Act that is not being continued in the new provisions of that Act, in which case the bylaw is deemed to be a bylaw under the new section 517 [general authority for services] of the Municipal Act.

(3) If, at the time the new Part 15 [Municipal Services] of the Municipal Act comes into force, a municipality has adopted a bylaw in accordance with the old provisions of that Act, under which it is to provide a service to an area outside the municipality, the bylaw is deemed to be a bylaw adopted under and in accordance with the new section 518 [services outside municipality] of the Municipal Act.

(4) If the old provisions of the Municipal Act provided authority to a municipality in relation to a bylaw referred to in this section that is not provided in the new provisions of that Act, until the bylaw is repealed, the municipality continues to have the authority provided by the old provisions and, for these purposes, they are deemed not to have been repealed.

Commencement

336 (1) Section 112 is deemed to have come into force on April 21, 1997, being the date on which the Revised Statutes of British Columbia 1996 came into force, and is retroactive to the extent necessary to give it effect on and after that date.

(2) Section 327 is deemed to have come into force on September 23, 1998, being the date on which the applicable amendments made by the Local Government Statutes Amendment Act, 1998, came into force, and is retroactive to the extent necessary to give it effect on and after that date.

(3) Sections 9, 10, 12 to 43, 63, 146, 263 to 269, 275, 278 to 310 and 321 to 323 are deemed to have come into force on the date this Act received First Reading in the Legislative Assembly and are retroactive to the extent necessary to give them effect on and after that date.

(4) This Act, other than the sections referred to in subsections (1) to (3), comes into force by regulation of the Lieutenant Governor in Council.

[ . . . PART 1 | EXPLANATORY NOTES . . . ]


[ Return to: Legislative Assembly Home Page ]

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada