2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE TED NEBBELING
MINISTER OF STATE FOR
COMMUNITY CHARTER
Part 2 -- Consequential Amendments
Agricultural Credit Act
21 Section 6 (2) of the Agricultural Credit Act, R.S.B.C. 1996, c. 9, is repealed and the following substituted:
(2) The Surveyor of Taxes or the collector must add the amount to the assessment roll and it is then deemed to be taxes for all purposes of the Taxation (Rural Area) Act, the Local Government Act and the Community Charter, including for the purposes of collection and recovery.
Assessment Act
22 Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by repealing the definition of "municipality".
British Columbia Transit Act
23 Section 1 (1) of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" includes a regional district or part of a regional district; .
24 Section 8 is amended
(a) by repealing subsection (2) and substituting the following:
(2) Despite the Community Charter, Local Government Act or the Vancouver Charter, a municipality may, by bylaw, without the approval of the electors or the assent of the electors, enter into an agreement with the authority necessary for the purposes of this Act. , and
(b) in subsection (7) by adding "section 33 [compensation for expropriation and other actions] of the Community Charter," before "sections 309 (2) and 312 of the Local Government Act".
25 Section 19 (1) and (5) is amended by adding "the Community Charter," before "the Local Government Act".
26 Section 22 is amended by striking out "the Local Government Act." and substituting "the Community Charter or the Local Government Act, as applicable."
27 Section 25 is amended
(a) by repealing subsections (3), (4) and (9) and substituting the following:
(3) A local transit commission consists of not fewer than 5 members appointed by the Lieutenant Governor in Council from among persons holding elected office on a municipal council or regional district board.
(4) A regional transit commission consists of not fewer than 7 members appointed by the Lieutenant Governor in Council from among persons holding elected office on a municipal council or regional district board.
(9) If a person appointed under this section ceases to hold elected office on a municipal council or regional district board, his or her appointment under this section is terminated. , and
(b) by repealing subsection (7) (g) (vi) and (vii) and substituting the following:
(vi) the Mayor of Sooke;
(vii) the electoral area director of the Juan de Fuca electoral area.
28 Section 26 is amended
(a) by repealing subsection (1) (a) and substituting the following:
(a) taxation and payment of fees under the Community Charter, the Local Government Act, the Greater Vancouver Sewerage and Drainage District Act or the Vancouver Charter, except with respect to the taxation of real property, or , and
(b) in subsection (2) by adding "the Community Charter," before "the Local Government Act,".
Budget Measures Implementation Act, 2003
29 Section 17 of the Budget Measures Implementation Act, 2003, S.B.C. 2003, c. 3, is repealed.
Cemetery and Funeral Services Act
30 Section 1 (1) of the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" includes an improvement district; .
31 Section 18 (1) (a) and (2) (a) is amended by striking out "section 195 of the Local Government Act," and substituting "section 185 [ownership of corporations] of the Community Charter,".
32 Section 1 of the Supplement to the Cemetery and Funeral Services Act is repealed.
Coastal Ferry Act
33 Section 1 of the Coastal Ferry Act, S.B.C. 2003, c. 14, is amended by repealing paragraph (d) of the definition of "qualified individual" and substituting the following:
(d) is not an employee of a municipality, regional district, trust council or greater board within the appointment area; .
34 Section 30 (1) is amended
(a) by repealing the definition of "local government", and
(b) in the definition of "municipality" by striking out "Local Government Act" and substituting "Community Charter".
Columbia Basin Trust Act
35 Section 6 (1) of the Columbia Basin Trust Act, R.S.B.C. 1996, c. 53, is amended by striking out "the regional district officer assigned responsibility under section 198 of the Local Government Act" and substituting "the regional district corporate officer".
36 Section 7 (1) (a) is amended by striking out "the officer of that board assigned responsibility under section 198 of the Local Government Act," and substituting "the regional district corporate officer,".
Community Care and Assisted Living Act
37 Section 1 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" includes
(a) a regional district, and
(b) a local trust committee as defined in the Islands Trust Act; .
38 Sections 52 and 53 are repealed.
Community Care Facility Act
39 Section 1 of the Community Care Facility Act, R.S.B.C. 1996, c. 60, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" includes a regional district; .
Community Charter
40 Section 169 (2) and (3) is repealed and the following substituted:
(2) A municipal auditor must be a person who is qualified to be the auditor of a company under section 205 of the Business Corporations Act.
(3) A municipal auditor has the power and duty to conduct the examinations necessary to prepare the reports required under this Division and, for these purposes, has the same authority in relation to the municipality as the auditor of a company under the Business Corporations Act.
41 The following section is added:
193.1 A municipality may, by bylaw, establish the manner in which interest is calculated if
(a) this or another Act provides a requirement or authority to apply interest to an amount owed to, or owing by, the municipality, and
(b) the manner in which interest is calculated is not otherwise provided for.
42 Section 220 (1) (q) is amended by striking out "eliminators;" and substituting "eliminating equipment;".
43 Section 224 (2) (j) is repealed and the following substituted:
(j) land or improvements owned or held by a person or organization and operated as a private hospital licensed under the Hospital Act or an institution licensed under the Community Care and Assisted Living Act; .
Community Financial Services Act
44 Section 1 of the Community Financial Services Act, R.S.B.C. 1996, c. 61, is amended by repealing paragraphs (a) and (b) of the definition of "public body" and substituting the following:
(a) a municipality or regional district, .
Cosmetologists Act
45 Section 14 (2) of the Cosmetologists Act, R.S.B.C. 1996, c. 178, is amended by striking out "as defined by" and substituting "within the meaning of".
Credit Union Incorporation Act
46 Section 1 (1) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is amended by repealing paragraphs (a) and (b) of the definition of "public body" and substituting the following:
(a) a municipality or regional district, .
Criminal Records Review Act
47 Section 7 (1) of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" includes
(a) a regional district, and
(b) an improvement district; .
Dike Maintenance Act
48 Section 1 of the Dike Maintenance Act, R.S.B.C. 1996, c. 95, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" means a municipality as defined for the purposes of the Community Charter; .
Document Disposal Act
49 Section 4 of the Document Disposal Act, R.S.B.C. 1996, c. 99, is repealed and the following substituted:
4 With the consent of the chief executive of the museum, a municipality or regional district, or a school board or francophone education authority as defined in the School Act, may deposit any of its noncurrent documents with the museum for preservation in the archives.
Drainage, Ditch and Dike Act
50 Section 107 (2) and (3) of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is repealed and the following substituted:
(2) If the top of the dike forms a portion of a highway or road, the authority responsible for the repair of the highway must maintain it at a constant level and repair all injury directly or indirectly caused to the dike by its use as a highway or road.
(3) If a highway is crossed by a ditch necessitating the construction of a bridge, the commissioners are liable for the first cost of the bridge, and the authority responsible for the repair of the highway must maintain it and keep it in proper repair.
51 Section 171 is amended
(a) in subsection (2) by striking out "specified area under Division 2 of Part 19 of the Local Government Act," and substituting "local service area under Division 5 [Local Service Taxes] of Part 7 of the Community Charter,",
(b) in subsections (3), (4) and (7) by striking out "specified area" and substituting "local service area",
(c) in subsection (5) by striking out "section 176 [corporate powers] of the Local Government Act," and substituting "section 8 (1) [natural person powers] of the Community Charter,".
(d) in subsection (6) by adding "or approval of the electors" after "assent of the electors" and by striking out "Local Government Act," and substituting "Community Charter,", and
(e) by repealing subsection (8).
Drinking Water Protection Act
52 Section 1 of the Drinking Water Protection Act, S.B.C. 2001, c. 9, is amended by repealing paragraph (b) of the definition of "local authority" and substituting the following:
(b) an improvement district, as defined in the Local Government Act, that is responsible for the provision of drinking water,
(b.1) a greater board, as defined in the Community Charter, that is responsible for the provision of drinking water, and .
53 Section 27 (4) is amended by adding "Community Charter," before "Local Government Act,".
54 Section 38 (4) is repealed and the following substituted:
(4) For the purposes of undertaking work specifically contemplated by a drinking water protection plan, the minister responsible for the Local Government Act may, by order, exempt a local government from the requirement for approval of the electors, assent of the electors or other elector approval under the Community Charter, the Local Government Act, the Vancouver Charter or another enactment, subject to any conditions established by the minister.
Economic Development Electricity Rate Act
55 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 194 [municipal fees] of the Community Charter or section 363 [regional district fees and charges] of the Local Government Act, or a bylaw under either of those sections, .
Emergency Communications Corporations Act
56 Section 4 (3) of the Emergency Communications Corporations Act, S.B.C. 1997, c. 47, is repealed and the following substituted:
(3) A municipality or regional district may become a member of an emergency communications corporation without the approval of the Inspector of Municipalities or without authorization by regulation, and sections 185 [municipal ownership of corporations] of the Community Charter and 195 [regional district ownership] of the Local Government Act do not apply.
Emergency Program Act
57 Section 1 (1) of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by repealing the definition of "municipality".
58 Section 13 (6) is repealed and the following substituted:
(6) The local authority of a municipality or electoral area may, during or within 60 days after declaring a state of local emergency, by bylaw ratified by the minister responsible for the administration of the Community Charter, but without obtaining the approval of the electors or the assent of the electors, borrow any money necessary to pay expenses caused by the emergency.
Energy and Mines Statutes Amendment Act
59 Section 7 of the Energy and Mines Statutes Amendment Act, 2002, S.B.C. 2002, c. 26, is repealed.
Estate Administration Act
60 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 "spousal 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 or on an assessment roll used for the levying of taxes in a municipality, and .
Evidence Act
61 Section 28 (1) (b) and (2) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended by striking out "the local government officer assigned responsibility under section 198 of the Local Government Act" and substituting "the local government corporate officer".
62 Section 60 (f) is repealed and the following substituted:
(f) the local government corporate officer and that person's deputy; .
Expropriation Act
63 Section 1 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by repealing paragraphs (b) and (c) of the definition of "approving authority" and substituting the following:
(b) for an expropriation by a council under the Community Charter, the council, unless the Lieutenant Governor in Council designates the minister responsible for the administration of that Act as the approving authority for the purpose of
(i) expropriations under that Act, or
(ii) any particular expropriation under that Act,
(b.1) for an expropriation by a regional district board under the Local Government Act, the board, unless the Lieutenant Governor in Council designates the minister responsible for the administration of that Act as the approving authority for the purpose of
(i) expropriations under that Act, or
(ii) any particular expropriation under that Act,
(c) for an expropriation under the Vancouver Charter, the Vancouver City Council, unless the Lieutenant Governor in Council designates the minister responsible for the administration of that Act as the approving authority for the purpose of
(i) expropriations under that Act, or
(ii) any particular expropriation under that Act, .
Farm Practices Protection (Right to Farm) Act
64 Section 1 of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended by repealing the definition of "land use regulation" and substituting the following:
"land use regulation" means an enactment that restricts or prescribes the use to which land or premises may be put or the nature of business or activities that may be conducted on land or premises, but does not include the following:
(a) a bylaw under the following provisions of the Community Charter:
section 8 (3) (d) [firecrackers, fireworks and explosives];
section 8 (3) (e) [weapons other than firearms];
section 8 (3) (h) [nuisances, disturbances and other situations];
section 8 (3) (k) [animals];
(b) a bylaw under the following provisions of the Local Government Act:
section 704 [animal control authority];
section 724 [noise control];
section 725 [nuisances and disturbances];
section 728 [fireworks].
65 Section 2 (3) is repealed and the following substituted:
(3) The following apply if each of the requirements of subsection (2), except subsection (2) (b) (ii), is fulfilled in relation to a farm operation conducted as part of a farm business:
(a) despite section 260 (3) [bylaw contraventions] of the Community Charter, a farmer does not contravene a bylaw made under the following provisions of the Community Charter only by conducting that farm operation:
section 8 (3) (d) [firecrackers, fireworks and explosives];
section 8 (3) (e) [weapons other than firearms];
section 8 (3) (h) [nuisances, disturbances and other situations];
section 8 (3) (k) [animals];
(b) despite section 267 of the Local Government Act, a farmer does not contravene a bylaw made under the following provisions of the Local Government Act only by conducting that farm operation:
section 703 [animal control authority];
section 724 [noise control];
section 725 [nuisances and disturbances];
section 728 [fireworks];
(c) despite section 274 [actions by municipality] of the Community Charter and section 281 [enforcement by regional district] of the Local Government Act, the farmer must not be prevented by injunction or other order of a court from conducting that farm operation.
Financial Disclosure Act
66 Section 1 of the Financial Disclosure Act, R.S.B.C. 1996, c. 139, is amended by repealing paragraph (b) (i) of the definition of "disclosure clerk" and substituting the following:
(i) in the case of an official or employee in relation to a municipality or regional district, the local government corporate officer, .
Financial Institutions Act
67 Section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by repealing paragraphs (a) and (b) of the definition of "public body" and substituting the following:
(a) a municipality or regional district, .
Fire Services Act
68 Section 1 of the Fire Services Act, R.S.B.C. 1996, c. 144, is amended by adding the following definition:
"Provincial building regulations" means the Provincial building regulations as defined in the Community Charter; .
69 Section 23 (2), (4) and (5) are repealed and the following substituted:
(2) If the land on which the premises are located is in a municipality, the fire commissioner must certify to the municipal financial officer the costs actually and necessarily incurred in carrying out the order.
(4) The amount paid under subsection (3) forms a special charge, within the meaning of section 250 [taxes are a special charge on the land] of the Community Charter, on the land and the improvements in favour of the municipality, and is for all purposes deemed to be delinquent taxes on the land under that Act from the date of the payment.
(5) The Community Charter applies to the collection and recovery of amounts deemed to be delinquent taxes under subsection (4).
70 Section 30 (1) and (4) is amended by striking out "the building regulations made under the Local Government Act." and substituting "the Provincial building regulations."
Firearm Act
71 Section 2 (1) of the Firearm Act, R.S.B.C. 1996, c. 145, is repealed and the following substituted:
(1) Despite
(a) a regulation made under section 108 (2) (n) or (o) of the Wildlife Act, or
(b) a bylaw under section 8 (5) [fundamental powers -- firearms] of the Community Charter,
the chief provincial firearms officer may issue a permit authorizing a person to establish and maintain an indoor shooting range and to discharge a firearm in the indoor shooting range.
First Peoples' Heritage, Language and Culture Act
72 Section 12 of the First Peoples' Heritage, Language and Culture Act, R.S.B.C. 1996, c. 147, is amended by adding "the Community Charter," after "taxation under".
Fish Protection Act
73 Section 1 of the Fish Protection Act, S.B.C. 1997, c. 21, is amended by repealing paragraph (a) of the definition of "local government" and substituting the following:
(a) the council of a municipality, .
74 Section 12 (4) (b) is amended by striking out "the Municipal Act" and substituting "the Local Government Act".
Food Safety Act
75 Section 28 of the Food Safety Act, S.B.C. 2002, c. 28, is repealed.
Forest Act
76 Section 140 (1) (c) of the Forest Act, R.S.B.C. 1996, c. 157, is repealed and the following substituted:
(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.
Forest and Range Practices Act
77 Section 110 (1) (c) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is repealed the following substituted:
(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.
Forest Practices Code of British Columbia Act
78 Section 53 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by adding ", Community Charter" after "Land Act."
79 Section 75 is amended in the definition of "local government" by repealing paragraph (d).
80 Section 164 (1) (c) is repealed and the following substituted:
(c) if the person is a municipal corporation, regional district or other local government body, by leaving it with or sending it by registered mail to the local government corporate officer, the deputy of that officer or some similar local government officer.
Freedom of Information and Protection of Privacy Act
81 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "local government body"
(a) by repealing paragraphs (a), (b) and (c) and substituting the following:
(a) a municipality,
(c) a regional district, , and
(b) in paragraph (f) by striking out "Local Government Act" and substituting "Community Charter".
Gaming Control Act
82 Section 1 (1) of the Gaming Control Act, S.B.C. 2002, c. 14, is amended by repealing the definition of "municipality".
Gas Safety Act
83 Section 1 of the Gas Safety Act, R.S.B.C. 1996, c. 169, is amended by repealing the definition of "municipality".
Greater Nanaimo Water District Act
84 Section 11 (2) (b) of the Greater Nanaimo Water District Act, S.B.C. 1953 (2nd Session), c. 41, is amended by striking out "the Local Government Act," and substituting "the Community Charter or the Local Government Act,".
85 Section 84 (1) is amended by adding "the Community Charter," before "the Local Government Act".
Greater Vancouver Sewerage and Drainage District Act
86 Section 7 (3) of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended
(a) by striking out "by by-law, with the assent of the owner-electors of the municipality obtained in accordance with the procedures set forth in the Local Government Act or the Vancouver Charter, as the case may be" and substituting ", by by-law adopted with the assent of the electors", and
(b) by striking out "'Owner-electors' as used in this subsection shall have the same meaning as the word is given by the Local Government Act or the Vancouver Charter, as the case may be."
87 Section 7B (3) is amended by striking out "municipality." and substituting "regional district."
88 Section 7C (3) is amended by striking out "municipality." and substituting "regional district."
89 Section 8 (5) is repealed and the following substituted:
(5) Section 123 (3) and (4) [obligation to vote] and Division 6 [Conflict of Interest] of Part 4 of the Community Charter apply to the Board, its select committees, standing committees and any other committees it establishes that are composed solely of Board members and, to the extent that they are not inconsistent with this Act, sections 791 (15), 792 and 793 of the Local Government Act apply to the Board.
90 Section 14 (2) is repealed and the following substituted:
(2) Section 135 (1), (4) and (6) [requirements for passing bylaws: 3 readings, order of approvals, signing] of the Community Charter and section 794 (3) and (4) of the Local Government Act apply to the Corporation.
91 Sections 18 and 20 are repealed and the following substituted:
18. In addition to the duties and powers established by the Board, the Secretary has the duties and powers of a regional district corporate officer.
20. In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of a regional district financial officer.
92 Section 34.1 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (1.1), the Corporation may, by by-law, establish reserve funds and for these purposes sections 188 (1) [establishment of reserve funds], 189 [use of money in reserve funds] and 191 [liability for use of money contrary to Act] of the Community Charter apply.
(1.1) For the purpose of subsection (1), a reference in section 189 (5) of the Community Charter to a fund required under section 188 (2) (a) of that Act is a reference to a fund established under section 58.6 of this Act. , and
(b) in subsection (2) by striking out "special" in both places.
93 Section 50 is repealed.
94 Section 55 (3) is amended by striking out ", within the meaning of the Local Government Act,".
95 Section 58.2 (3) (c) is repealed and the following substituted:
(c) the building permit authorizes the construction, alteration or extension of a building or other structure, or part of a building or other structure, that is, or will be, after the construction, alteration or extension, exempt from taxation under section 220 (1) (h) [statutory exemption of building for public worship] of the Community Charter; .
96 Section 58.3 (2) is amended by striking out "under the Local Government Act" and substituting "under the Community Charter".
97 Section 58.6 (4) is repealed.
Greater Vancouver Transportation Authority Act
98 Section 21 of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended
(a) in subsections (1) and (2) by adding "the Community Charter," before "the Vancouver Charter",
(b) by repealing paragraph (b) (i) of subsection (4) and substituting the following:
(i) with the approval of the Minister of Transportation and Highways under section 531 of the Local Government Act as that section read before being repealed by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, and , and
(c) by repealing subsection (6) and substituting the following:
(6) The approval of the minister responsible for the Highways Act is not required under section 36 (2) (c) [regulation of extraordinary traffic on arterial highways] of the Community Charter for a bylaw, described in subsection (4) of this section, passed after this section comes into force.
99 Section 22 is amended
(a) by repealing subsection (2) and substituting the following:
(2) Despite any other enactment, a municipality must not make a bylaw described in section 23 of the Transport of Dangerous Goods Act in respect of a highway that is part of the major road network. , and
(b) in subsection (5) by striking out "A bylaw made by a municipality under section 23" and substituting "A municipal bylaw described in section 23".
100 Section 23 is amended
(a) by repealing subsection (1) (a) and substituting the following:
(a) section 35 (1) [ownership and possession of highways] of the Community Charter; , and
(b) by repealing subsections (2) and (4) and substituting the following:
(2) The authority has the right of possession of any highway referred to in subsection (1) of this section.
(4) In relation to all or any part of a highway referred to in subsection (1) located within a municipality, the authority has powers equivalent to those of the municipality in respect of the layout, design, construction and maintenance of highways.
101 Section 25 (6) (b) is amended by striking out "regional districts under section 359.2 of the Local Government Act." and substituting "regional hospital districts under section 27 of the Hospital District Act."
102 Section 27 (1) and (4) and 34 (1) and (3) are amended by adding "the Community Charter," before "the Local Government Act,".
103 Sections 51 (a) and 55 (b) and (c) are repealed.
Greater Vancouver Water District Act
104 Section 10 (5) of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is repealed and the following substituted:
(5) Section 123 (3) and (4) [obligation to vote] and Division 6 [Conflict of Interest] of Part 4 of the Community Charter apply to the Board, its select committees, standing committees and any other committees it establishes that are composed solely of Board members and, to the extent that they are not inconsistent with this Act, sections 791 (15), 792 and 793 of the Local Government Act apply to the Board.
105 Section 17 (3) is repealed and the following substituted:
(3) Section 135 (1), (4) and (6) [requirements for passing bylaws: 3 readings, order of approvals, signing] of the Community Charter and section 794 (3) and (4) of the Local Government Act apply to the Corporation.
106 Sections 21 and 23 are repealed and the following substituted:
21. In addition to the duties and powers established by the Board, the Secretary has the duties and powers of a regional district corporate officer.
23. In addition to the duties and powers established by the Board, the Treasurer has the duties and powers of a regional district financial officer.
107 Section 57.1 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The Corporation may, by by-law, establish reserve funds for the purposes of sections 188 (1) [establishment of reserve funds], 189 [use of money in reserve funds] and 191 [liability for use of money contrary to Act] of the Community Charter. , and
(b) in subsection (2) by striking out "special" in both places.
108 Section 81 is amended
(a) in subsection (1) by adding "the Community Charter," before "the Local Government Act,",
(b) in subsection (5) by striking out everything after "as may be specified", and
(c) by adding the following subsection:
(6) Until required to be used in accordance with this section, the moneys may be invested in the investments authorized under section 183 [investment of municipal funds] of the Community Charter.
Health Act
109 Section 46 (8) of the Health Act, R.S.B.C. 1996, c. 179, is amended by striking out "as defined by the Local Government Act".
110 Section 74 is amended
(a) in subsections (3) and (4) by adding "Community Charter," before "Local Government Act" wherever it appears, and
(b) in subsection (3) (a) by striking out "the Vancouver Charter," and substituting "Vancouver Charter,".
Health Authorities Act
111 Section 1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by repealing the definition of "municipal council".
112 Section 15 (1) is amended by adding "the Community Charter," before "the Local Government Act,".
Health Emergency Act
113 Section 1 of the Health Emergency Act, R.S.B.C. 1996, c. 182, is amended by repealing the definition of "municipality".
Highway Act
114 Section 31 (1) of the Highway Act, R.S.B.C. 1996, c. 188, is repealed and the following substituted:
(1) In relation to an arterial highway that runs in or through a municipality, the ministry has, in addition to all other powers, powers equivalent to those of the municipality in respect of the layout, design, construction and maintenance of highways.
115 Section 36 is amended by striking out "the Local Government Act" and substituting "the Community Charter".
Highway Scenic Improvement Act
116 Section 1 of the Highway Scenic Improvement Act, R.S.B.C. 1996, c. 190, is amended by repealing the definition of "municipality".
Home Conversion and Leasehold Loan Act
117 Section 1 of the Home Conversion and Leasehold Loan Act, R.S.B.C. 1996, c. 192, is amended in the definitions of "commercial or industrial building" and "family residence" by striking out "land tax under the Taxation (Rural Area) Act," and substituting "property tax under the Taxation (Rural Area) Act, Community Charter,".
Home Owner Grant Act
118 Section 1 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended in paragraphs (a) (i) and (b) (i) of the definition of "owner" by striking out "Local Government Act," and substituting "Community Charter,".
119 Section 11 is repealed and the following substituted:
11 If the collector has made an apportionment under section 242 [apportionment of property value taxes if land subdivided] of the Community Charter, an owner to whom the apportionment applies is entitled to a grant under this Act in the taxation year to which the apportionment applies so long as the owner is otherwise qualified for a grant under this Act.
120 Section 15 is amended by striking out "Local Government Act," and substituting "Community Charter,".
121 Section 15.1 (1) is amended by striking out "section 367 of the Local Government Act," and substituting "section 235 [alternative municipal tax collection scheme] of the Community Charter,".
122 Section 17 (5) (b) is amended by striking out "the Local Government Act," and substituting "the Community Charter,".
Homeowner Protection Act
123 Section 13 (2) (c) of the Homeowner Protection Act, S.B.C. 1998, c. 31, is repealed and the following substituted:
(c) representatives of local government.
Hospital District Act
124 Section 16 of the Hospital District Act, R.S.B.C. 1996, c. 202, is repealed and the following substituted:
16 The following provisions of the Local Government Act apply to the calling and conduct of meetings of a board:
section 222.1 [regular and special board meetings];
section 227 [proceedings at board meetings];
section 236 [minutes of board meetings];
section 793 [calling and conduct of meetings].
125 Section 19 (3) (a) is repealed and the following substituted:
(a) under section 229 [taxation of municipal land used by others] of the Community Charter as if the real property were owned by a municipality, .
Hydro and Power Authority Privatization Act
126 Section 10 (1) of the Hydro and Power Authority Privatization Act, R.S.B.C. 1996, c. 213, is repealed and the following substituted:
(1) The definitions of "agricultural land", "agricultural land reserve" and "farm use" in section 1 of the Agricultural Land Commission Act apply to this section.
Indian Self Government Enabling Act
127 Section 1 of the Indian Self Government Enabling Act, R.S.B.C. 1996, c. 219, is amended by repealing paragraphs (a) to (c) of the definition of "Provincial taxing authority" and substituting the following:
(a) the Minister of Provincial Revenue, on behalf of the government, under the Taxation (Rural Area) Act or the School Act,
(b) a municipality or regional district,
(c) an improvement district as defined in the Local Government Act, .
128 Section 6 (2) (a) is repealed and the following substituted:
(a) the power of the municipality, if it is a municipality under the Community Charter, to impose rates under section 197 (1) (a) [annual municipal property taxes] of that Act includes the power, in relation to property in that area of Indian land taxable under the Indian land taxation law,
(i) to impose rates or amounts for one or more property classes that are less than the rates under that section of the Act for property of the same property classes not taxable under the Indian land taxation law, or
(ii) to determine nil rates or nil amounts for one or more of the property classes, .
129 Section 20 (b) is repealed and the following substituted:
(b) section 197 (1) (a) [municipal property taxes] of the Community Charter, if the area is in a municipality other than the City of Vancouver, and .
130 Section 34 (b) is amended by striking out "the Local Government Act," and substituting "the Community Charter or the Local Government Act or both,".
Interpretation Act
131 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by repealing the definitions of "municipality", "regional district" and "rural area" and substituting the following:
"municipality" means, as applicable,
(a) the corporation into which the residents of an area are incorporated as a municipality under the Local Government Act, the Vancouver Charter or any other Act, or
(b) the geographic area of the municipal corporation;
"regional district" means a regional district as defined in the Local Government Act;
"rural area" means territory that is not in a municipality; .
132 Section 40 is repealed and the following substituted:
40 (1) So far as the terms defined can be applied, the definitions established by or applicable under
(a) the schedule to the Community Charter, and
(b) section 5 of the Local Government Act
extend to all enactments relating to municipal and regional district matters.
(2) As an exception, subsection (1) does not apply in relation to the definition of "municipality" in the Community Charter.
Islands Trust Act
133 Section 6 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended
(a) by repealing subsection (4) (c) and substituting the following:
(c) a reference to the local government or regional district corporate officer is to be read as a reference to the officer or employee of the trust council assigned responsibility in relation to the matter by the trust council; , and
(b) by repealing subsection (6) and substituting the following:
(6) Sections 210 [oath or affirmation of office] and 212 [resignation from office] of the Local Government Act apply to local trustees.
(7) Division 7 [Disqualification] of Part 4 of the Community Charter applies to local trustees.
(8) In relation to section 110 (1) (a) [disqualification for failure to take oath] of the Community Charter, the applicable time is that established by section 210 of the Local Government Act.
134 Section 13 (1) is repealed and the following substituted:
(1) The following provisions apply to the trust council:
section 122 [exercise of powers by bylaw or resolution] of the Community Charter;
section 135 [requirements for passing bylaws] of the Community Charter;
Section 794 (1) (a) and (b) [procedure bylaws] of the Local Government Act.
135 Section 17 (6) is repealed and the following substituted:
(6) The trust council may, by bylaw, provide all or a part of the premium for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies.
136 Section 18 is amended
(a) by repealing subsection (2) and substituting the following:
(2) Division 2 [Audit] of Part 6 of the Community Charter applies to the trust council and the local trust committees. , and
(b) by repealing subsection (4).
137 Section 26 (1) is repealed and the following substituted:
(1) The following provisions of the Local Government Act apply to the local trust committees:
Division 2 [Challenge of Bylaws] of Part 6, except sections 263 and 264 (1);
section 794 (1) (a) and (b) [procedure bylaws].
(1.1) For the purposes of section 262 (3) of the Local Government Act as it applies to a local trust committee, the notice under that section must be served on the secretary.
(1.2) The following provisions of the Community Charter apply to the local trust committees:
section 122 [exercise of powers by bylaw or resolution];
section 135 [requirements for passing bylaws];
section 136 [when a bylaw comes into force];
section 139 [consolidation of bylaws];
section 140 [revision of bylaws];
section 163 [evidence of municipal bylaws and other records].
138 Section 28 is repealed and the following substituted:
28 (1) For the purposes of enforcing its bylaws and section 32 of this Act, a local trust committee has all the power and authority of a regional district board and, in relation to this, the following provisions of the Local Government Act apply to the local trust committee:
Division 3 [Enforcement of Regional District Bylaws] of Part 6, except section 266 (2);
section 281 [enforcement by civil proceedings].
(2) Fines and other penalties imposed and collected under or because of a bylaw of a local trust committee must be paid to the trust council.
139 Section 45 is amended
(a) by repealing subsection (3) and substituting the following:
(3) Division 2 [Audit] of Part 6 of the Community Charter applies to the trust fund board. , and
(b) by repealing subsection (5).
140 Section 49.3 (4) is amended by adding the following paragraph:
(a.1) the Community Charter; .
141 Section 49.7 is amended
(a) in subsection (2) by striking out "section 379 (1) (b) [taxes in arrear] of the Local Government Act;" and substituting "section 245 (1) (b) [taxes in arrear] of the Community Charter;", and
(b) in subsection (4) by striking out "section 376 [special fees and charges that may be collected as taxes] of the Local Government Act applies to the amount." and substituting "section 258 [special fees that may be collected as property taxes] of the Community Charter applies to the amount."
142 Section 53 (2) (i) and (j) are amended by adding "Community Charter or" before "Local Government Act".
143 Section 54 is repealed and the following substituted:
54 (1) In this section, "trust body" includes
(a) the executive committee,
(b) a specified local trust committee or a described class of local trust committees,
(c) the trust council, and
(d) the trust fund board.
(2) Despite any other Act, the Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a trust body or class of trust bodies:
(a) provide a power, including a power to regulate, prohibit or impose requirements;
(b) provide an exception to or a modification of a requirement or condition established by an enactment;
(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding a power, modification or exception under this section;
(d) authorize a minister to establish any terms and conditions the minister considers appropriate regarding a power, modification or exception under this section.
(3) Without limiting subsection (2), a regulation made under this section may provide a trust body with the power to delegate a power given under this section, or to transfer a benefit received under this section, to one or more of the other trust bodies.
(4) As restrictions, a regulation made under this section must not do any of the following:
(a) confer an authority otherwise available to a trust body;
(b) override an absolute prohibition contained in an enactment;
(c) confer an authority to impose a new tax;
(d) confer an authority to grant a new tax exemption;
(e) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors.
Land Act
144 Section 7 (5) (a) of the Land Act, R.S.B.C. 1996, c. 245, is repealed and the following substituted:
(a) a public road or highway established under this Act, the Highway Act, the Community Charter or the Local Government Act; .
145 Section 89 (b) is repealed and the following substituted:
(b) the corporate officer of the municipality where the land is located.
146 Section 93 (4) is repealed and the following substituted:
(4) The municipality may recover an amount paid by it under this section as if it were a tax imposed under the Community Charter.
147 Section 106 (5) is repealed and the following substituted:
(5) Subsection (3) does not apply to a disposition made by the Lieutenant Governor in Council under the Highway Act.
Land Tax Deferment Act
148 Section 1 of the Land Tax Deferment Act, R.S.B.C. 1996, c. 249, is amended
(a) by repealing the definition of "collector" and substituting the following:
"collector" means a collector of taxes appointed under the Community Charter, the Local Government Act, the Vancouver Charter or the Taxation (Rural Area) Act; ,
(b) by repealing the definition of "municipality",
(c) by repealing paragraph (a) of the definition of "owner" and substituting the following:
(a) an owner as defined in the Community Charter; , and
(d) by repealing paragraph (a) (i) of the definition of "tax Act" and substituting the following:
(i) the Community Charter or the Local Government Act, as applicable, if the eligible property is in a municipality, .
Land Title Act
149 Section 83 (2) (b) (ii) of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:
(ii) if local service taxes are payable by instalments, that all instalments owing at the date of the certificate have been paid; .
150 Section 120 is repealed and the following substituted:
120 (1) A municipal bylaw cancelling the dedication of all or part of a highway or public square must be filed in the land title office.
(2) In relation to a bylaw under subsection (1), the registrar may accept a reference plan, or an explanatory plan, or a description by apt descriptive words.
(3) On the filing of a bylaw cancelling the dedication of all or part of a highway, the registrar must register the indefeasible title of the property in the name of the municipality, subject to the reservations and exceptions provided in section 50 of the Land Act and section 35 [ownership and possession of highways] of the Community Charter, as if the vesting were made by Crown grant under the Land Act.
151 Section 136 (1) is repealed and the following substituted:
(1) Subject to subsection (1.1), the Minister of Environment, Lands and Parks may
(a) order the cancellation of a plan or a portion of a plan comprising land owned by the government, including land vested in a municipality as a highway, and
(b) by that order or a subsequent order, make provisions he or she considers proper for the protection of the rights of a purchaser of a parcel shown on the plan.
(1.1) In respect to land vested in a municipality as a highway, the minister may only make an order under subsection (1) if the municipality has done all of the following:
(a) closed the highway and removed the dedication of the land as a highway in accordance with sections 40 [permanent closure and removal of highway dedication] and 41 [restrictions in relation to highway disposition, closure or alteration] of the Community Charter;
(b) disposed of the land that was a highway to the government in accordance with section 26 [notice of proposed property disposition] of the Community Charter.
152 Section 341 is repealed and the following substituted:
341 The Attorney General must also transmit to the corporate officer of the municipality or regional district in which the land affected is located one of the blue print copies of the plan and a copy of the report, together with a notice stating that the special survey has been completed and the plan deposited by the surveyor under this Part.
153 Section 373.5 is amended
(a) in subsection (1) by striking out "land title office." and substituting "land title office, and the registrar must register an indefeasible title of the land in the name of the Nisga'a Nation.", and
(b) in subsection (2) by striking out "land title office." and substituting "land title office, and the registrar must register an indefeasible title of the land in the name of the Nisga'a Village."
154 Section 385 (3) (d) is repealed and the following substituted:
(d) by a municipality or regional district .
Libel and Slander Act
155 Section 8 of the Libel and Slander Act, R.S.B.C. 1996, c. 263, is amended by striking out "municipal" and substituting "local government".
Library Act
156 Section 1 of the Library Act, R.S.B.C. 1996, c. 264, is amended
(a) by repealing the definition of "municipality", and
(b) by repealing the definition of "newspaper" and substituting the following:
"newspaper" has the meaning it has in the Community Charter; .
157 Section 3 (3) is repealed.
158 Section 13 (1) and (2) is repealed and the following substituted:
(1) A municipal council may only abolish a municipal library by bylaw adopted with the assent of the electors.
(2) On adoption of a bylaw under subsection (1), the library board is dissolved.
159 Section 24 (1) is amended by striking out "the Local Government Act." and substituting "the Community Charter."
160 Section 29 (1) and (3) are repealed and the following substituted:
(1) A municipality or regional district may withdraw from a regional library district only by bylaw adopted with the assent of the electors.
(3) If a bylaw under subsection (1) is adopted, the municipality or regional district must send a copy of the bylaw to the minister for presentation to the Lieutenant Governor in Council.
161 Section 35 (2) is repealed and the following substituted:
(2) A local government that provides assistance to the public library association by way of a grant may
(a) appoint a representative from the council or from the directors of the participating areas to be a member of the library board for the financial year in which the grant or contribution is made, and
(b) dismiss the appointee, with or without cause, and appoint another.
Local Government Act
162 Part 1 of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:
Part 1 -- Purposes, Principles and Interpretation
1 The purposes of this Act are
(a) to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities,
(b) to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and
(c) to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities.
2 Recognizing that regional districts are an independent, responsible and accountable order of government within their jurisdiction, the purposes of a regional district include
(a) providing good government for its community,
(b) providing the services and other things that the board considers are necessary or desirable for all or part of its community,
(c) providing for stewardship of the public assets of its community, and
(d) fostering the current and future economic, social and environmental well-being of its community.
3 The relationship between regional districts and the Provincial government in relation to this Act is based on the following principles:
(a) cooperative relations between the Provincial government and regional districts are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia;
(b) regional districts need the powers that allow them to draw on the resources required to fulfill their responsibilities;
(c) notice and consultation is needed for Provincial government actions that directly affect regional district interests;
(d) the Provincial government recognizes that different regional districts and their communities have different needs and circumstances and so may require different approaches;
(e) the independence of regional districts is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally.
4 (1) The powers conferred on regional districts and their boards by or under this Act must be interpreted broadly in accordance with the purposes of this Act and in accordance with regional district purposes.
(2) If
(a) an enactment confers a specific power on a regional district or board in relation to a matter, and
(b) the specific power can be read as coming within a general power conferred by or under this Act,
the general power must not be interpreted as being limited by that specific power, but that aspect of the general power that encompasses the specific power may only be exercised subject to any conditions and restrictions established in relation to the specific power.
163 Part 1.1 is repealed and the following sections are added to Part 1:
5 In this Act:
"alternative approval process" means, in relation to a regional district, approval of the electors obtained in accordance with section 86 [alternative approval process] of the Community Charter as it applies under section 797.5 [approval of the electors] of this Act;
"approval of the electors" means, in relation to a regional district, approval in accordance with section 797.5 [approval of the electors];
"approving officer" means an approving officer as defined in the Land Title Act;
"assent of the electors" means, in relation to a regional district, assent of the electors in accordance with section 85 [assent of the electors] of the Community Charter as it applies under section 797.5 [approval of the electors] of this Act;
"assessment roll" means, in relation to a tax under Part 23 [Improvement Districts], an assessment roll under Division 3 [Taxes and Cost Recovery] of that Part;
"board" means, in relation to a regional district, the board of directors for the regional district;
"board committee" means
(a) a select committee of a board,
(b) a standing committee of a board, or
(c) any other body established by a board that is composed solely of board members;
"building inspector" means, in relation to a regional district, an individual designated by the board as a building inspector for the regional district;
"chair" means the chair of a board who is elected under section 792 [chair and vice chair of board];
"conservation" includes, in relation to heritage, any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;
"corporate officer" means,
(a) in relation to a regional district, the regional district officer assigned responsibility under section 198 [corporate administration], and
(b) in relation to the City of Vancouver, the City Clerk under section 220 of the Vancouver Charter;
"designated local government officer" means the designated municipal officer or designated regional district officer, as applicable;
"designated regional district officer" means
(a) the regional district officer assigned responsibility under section 196 [officer positions] in relation to the matter, or
(b) if no assignment referred to in paragraph (a) has been made, the regional district corporate officer;
"director" means, in relation to a regional district, a member of the board, whether as a municipal director under section 784 [municipal directors] or as an electoral area director under section 785 [electoral area directors];
"district municipality" includes a township;
"elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area;
"electoral area" means an electoral area in a regional district as specified by the letters patent for the regional district;
"electoral area director" means a director for an electoral area who is elected or appointed under section 785 [electoral area directors] from an electoral area;
"electoral participating area" means an area that is in a service area and that is all or part of an electoral area;
"establishing bylaw" means an establishing bylaw, under section 800 [establishing bylaws required for most services], for a regional district service;
"financial officer" means
(a) in relation to a regional district, the regional district officer assigned responsibility under section 199 [financial administration], and
(b) in relation to the City of Vancouver, the City Treasurer under section 226 of the Vancouver Charter;
"francophone education authority" means a francophone education authority as defined in the School Act;
"general bylaw" means, in relation to a regional district, a bylaw referred to in section 138 [municipal codes and other general bylaws] of the Community Charter as it applies under section 794 (6) [procedure, bylaws and enforcement] of this Act;
"general local election" means the elections referred to in section 36 (1) [elections for council members and electoral area directors];
"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;
"heritage property" means property that
(a) in the opinion of a body or person authorized to exercise a power under this Act or the Community Charter in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or
(b) is protected heritage property;
"heritage value" means historical, cultural, aesthetic, scientific or educational worth or usefulness of property or an area;
"improvement district" means an improvement district, including a mountain resort improvement district, incorporated under this or any other Act;
"letters patent" includes supplementary letters patent;
"loan authorization bylaw" means, in relation to a regional district, a loan authorization bylaw under section 179 of the Community Charter as it applies under section 819 [application of Community Charter borrowing and liability provisions] of this Act;
"local government" means
(a) the council of a municipality, and
(b) the board of a regional district;
"local government offices" means,
(a) in relation to a municipality, the municipal hall, and
(b) in relation to a regional district, the regional district offices;
"local trust committee" means a local trust committee within the meaning of the Islands Trust Act;
"manage", with respect to land, improvements, personal property or other property, includes conserve, use, develop, construct, improve, operate, administer and maintain, as applicable;
"mountain resort improvement district" means a mountain resort improvement district incorporated under section 732 [incorporation of mountain resort improvement districts];
"mountain resort municipality" means a mountain resort municipality incorporated under section 11 [incorporation of mountain resort municipality];
"municipal director" means a director for a municipality who is appointed under section 784 [municipal directors];
"municipality" means, in relation to a regional district, a municipality in the regional district and, in the case of the Greater Vancouver Regional District, includes the City of Vancouver;
"municipal participating area" means an area that is in a service area and that is all or part of a municipality;
"non-resident property elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications for registration, in relation to the jurisdiction, as a non-resident property elector under section 51 [non-resident property electors];
"official community plan" means an official community plan adopted under section 876 [authority to adopt by bylaw];
"participant" means,
(a) in relation to a municipal participating area, the council of the municipality, and
(b) in relation to an electoral participating area, the director of the electoral area;
"participating area" means a municipal participating area or an electoral participating area, as applicable;
"partnering agreement" means, in relation to a regional district, an agreement between the regional district and a person or public authority under which the person or public authority agrees to provide a service on behalf of the regional district, other than a service referred to in section 800 (2) (a) and (b) [regional district general and electoral area administrative services];
"protected heritage property" means property that is
(a) protected under section 13 (2) of the Heritage Conservation Act,
(b) included under section 970.1 (3) (b) [designation of heritage conservation areas] in a schedule to an official community plan, or
(c) designated as protected under bylaws made under section 967 [heritage designation protection];
"regional district" means, as applicable,
(a) a regional district incorporated under this Act, or
(b) the geographic area of a regional district corporation referred to in paragraph (a);
"regional district offices" means the location of the regular office of the corporate officer for the regional district;
"regional growth strategy" means a regional growth strategy under Part 25;
"regional park" means a park set aside and dedicated as a park under the Park (Regional) Act and continued under this Act or a park dedicated by a regional district under this Act;
"regional trail" means a footpath, pathway, trail or area of land dedicated as a regional trail under the Park (Regional) Act and continued under this Act or a trail dedicated by a regional district under this Act;
"regulatory service" means, in relation to a regional district, the exercise of a regulatory authority conferred on a regional district by or under this or another Act, other than the exercise of regulatory authority under Part 15 [Specific Regional District Service Powers], section 796 (4) and (5) [general authority for services] or section 796.2 [general authorities in relation to services];
"requisition" means a requisition under section 805 [requisition of funds from municipalities] or 806 [requisition of funds for electoral areas];
"reserve fund" means, in relation to a regional district, a reserve fund under Division 4 [Reserve Funds] of Part 6 of the Community Charter as it applies under section 814 [general accounting rules] of this Act;
"resident elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications for registration, in relation to the jurisdiction, as a resident elector under section 50 [resident electors];
"rural land use bylaw" means a bylaw referred to in section 873.1 [rural land use bylaws];
"security issuing bylaw" means a security issuing bylaw under section 825 [security issuing bylaws];
"service" means, in relation to a regional district,
(a) an activity, work or facility undertaken or provided by or on behalf of the regional district and the exercise of regulatory authority under Part 15 [Specific Regional District Service Powers], section 796 (4) and (5) [general authority for services] or section 796.2 [general authorities in relation to services] in relation to such an activity, work or facility, and
(b) a regulatory service;
"service area" means, in relation to a regional district, the area in which a service is provided, being comprised of the participating areas for the service;
"subdivision servicing bylaw" means a bylaw under section 938 [subdivision servicing requirements];
"trust council" means the trust council within the meaning of the Islands Trust Act;
"vice chair" means the vice chair of a board who is elected under section 792 [chair and vice chair of board];
"zoning bylaw" means a bylaw under section 903 [zoning bylaws].
5.1 Unless a term is otherwise defined in this Act or a contrary intention appears in this Act, the definitions in the Community Charter apply to this Act.
6.1 Words in an enactment referring to a regional district officer, by name of office or otherwise, also apply to
(a) the officer's deputy, and
(b) any person designated by the board to act in the officer's place.
6.2 In those areas of British Columbia in which Mountain Standard Time or Mountain Daylight Time is customarily used, section 25 (7) [calculation of time] of the Interpretation Act does not apply and instead a reference to a specified time of the day is a reference to Mountain Standard Time or Mountain Daylight Time, as applicable.
6.4 If this Act requires that notice be given by publication in a newspaper, the notice must be published in accordance with section 94 (1) (b) [requirements for public notice] of the Community Charter.
6.5 If an enactment requires or permits
(a) notice to be given to a board or a regional district,
(b) a document to be served on a board or a regional district,
(c) a document to be filed with a board or a regional district, or
(d) a document to be delivered, sent, submitted or otherwise provided to a board or a regional district,
the notice, service, filing or other provision is effected if the notice or document is, as applicable, given to, served on, filed with or otherwise provided to the regional district corporate officer.
6.6 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting any matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.
(3) In addition to any other variation authority that is specifically provided, a regulation that may be made by the Lieutenant Governor in Council or a minister under any provision of this Act, or of the Community Charter as it is made applicable under this Act, may
(a) establish different classes of bylaws, municipalities, regional districts, other bodies governed by this Act, persons, property, circumstances and other matters,
(b) make different provisions, including exceptions, for different classes referred to in paragraph (a), and
(c) make different provisions, including exceptions, for different bylaws, different municipalities, different regional districts, different bodies governed by this Act, different parts of municipalities or regional districts, different areas or different parts of areas of other bodies governed by this Act and different circumstances and other matters.
164 Section 7 (2) is amended by striking out "or" at the end of paragraph (a) and by adding the following paragraph:
(a.1) in the case of an area to which section 279 [no forced amalgamations] of the Community Charter applies, the requirements of that section have been met, or .
165 Section 8 is amended by adding the following subsection:
(1.1) If section 279 [no forced amalgamations] of the Community Charter applies, the vote under this section must be conducted separately in each of the existing municipalities.
166 Section 13 is amended
(a) in subsection (2) (c) by striking out "this Act" and substituting "the Community Charter;".
(b) by repealing subsection (3) (a) and substituting the following:
(a) provide that sections 174 (2) to (4) [limit on borrowing and other liabilities], 180 [elector approval required for some loan authorization bylaws] and 211 (1) [requirements for establishing a local area service] of the Community Charter do not apply, but that the inspector may direct that the approval of the electors or the assent of the electors be obtained in relation to the proposed bylaw; , and
(c) by repealing subsections (6) and (7) and substituting the following:
(6) Letters patent incorporating a municipality, or supplementary letters patent extending a municipality, may define an area as a local service area for a designated service and, if this is done, Division 5 [Local Service Taxes] of Part 7 of the Community Charter applies as if the service had been established as a local area service under that Division.
167 Section 14 is amended
(a) by repealing subsection (2) (a) and substituting the following:
(a) from the date specified, the full cost of the work or service is to be charged against the remaining area of the municipality as if it were a local service area under Division 5 [Local Service Taxes] of Part 7 of the Community Charter, and , and
(b) in subsection (3) by striking out "this Act" and substituting "the Community Charter".
168 Section 17 (1) (d) is amended by striking out "as a district" and substituting "as a district municipality".
169 Section 18 (1) and (2) is repealed and the following substituted:
(1) On request of the council, the Lieutenant Governor in Council may repeal the letters patent of a municipality and issue others in their place reincorporating the municipality as a village, town, city or district municipality in accordance with section 17 (1) [classification of municipalities].
(2) A council may make a request under subsection (1) only after it has obtained the approval of the electors in relation to the proposed change in classification.
170 Section 19 is repealed.
171 Section 22 (1) is amended by striking out "this Act" and substituting "this Act and the Community Charter".
172 Section 25 is repealed.
173 Section 26 (3) (k) is repealed and the following substituted:
(k) a statement under oath by the mayor, jointly with the corporate officer and the financial officer, showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require; .
174 Section 37 (1) to (3) and (7) are repealed and the following substituted:
(1) Subject to this section, an election must be held to fill a vacancy in an elected local government office that occurs in any of the following circumstances:
(a) the person elected or appointed to the office dies before taking office;
(b) the office is declared vacant on an application under section 143 [application to court], or a candidate affected by the application renounces claim to the office under subsection (9) of that section;
(c) the person holding the office dies;
(d) the person holding the office resigns from office;
(e) the office becomes vacant under Division 7 [Disqualification] of Part 4 of the Community Charter as it applies in relation to that office.
(2) A local government may decide that a by-election is not to be held if the vacancy occurs after July 1 in the year of a general local election that will fill the office.
(3) In addition to the authority under subsection (2), a council may decide that a by-election is not to be held if all the following circumstances apply:
(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;
(b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;
(c) the number of remaining council members is at least one greater than the quorum for the council, as set under section 129 (1) [quorum for conducting business] of the Community Charter.
(7) A person elected in a by-election holds office until the end of the term of the office in respect of which the election was held.
175 Section 39 (1) is repealed and the following substituted:
(1) Unless otherwise provided, in order for a bylaw under
(a) this Part,
(b) section 551 [regulation of signs and advertising], or
(c) section 8 (4) [fundamental powers -- signs and advertising] of the Community Charter
to apply in relation to a general local election, the bylaw must be adopted at least 8 weeks before the first day of the nomination period of the general local election.
176 Section 66 (2) (d) is repealed and the following substituted:
(d) a person who is disqualified under
section 92 [failure to file disclosure statement], or
section 92.4 [disqualification for false or incomplete reports];
(d.1) a person who is disqualified under Division 7 [Disqualification] of Part 4 of the Community Charter;
(d.2) a person who is disqualified under section 141 [circumstances in which a person is disqualified from Council] of the Vancouver Charter; .
177 Section 67 is amended
(a) in subsection (5) (b) (iii) by striking out "under section 211 [disqualification for failure to take oath]," and substituting "for a failure to take the oath of office within the time specified by an enactment that applies to the person,", and
(b) in subsection (8) by striking out "under section 210".
178 Section 68 (3) is amended by striking out "in accordance with section 212".
179 Section 137 (1) is amended by striking out "under section 210".
180 The heading to Part 4 is repealed and the following substituted:
Part 4 -- Other Voting .
181 Section 158 (1) (c) is repealed and the following substituted:
(c) voting on a referendum under section 797.3 [referendums regarding regional district services].
182 Section 159 (3) is repealed.
183 Section 160 is repealed.
184 Section 162 (2) (b) is repealed and the following substituted:
(b) in the case of a bylaw or other matter for which an alternative approval process was provided, not more than 80 days after the deadline for receiving elector responses under section 86 [alternative approval process] of the Community Charter; .
185 Division 5 of Part 4 is repealed.
186 The heading to Part 5 is repealed and the following substituted:
Part 5 -- Regional District Corporate Powers and Their Use .
187 Division 1 of Part 5 is repealed and the following substituted:
Division 1 -- Regional District Corporate Status
173 Each regional district is a corporation.
174 (1) The governing body of a regional district is its board.
(2) The powers, duties and functions of a regional district are to be exercised and performed by its board unless this or any other Act provides otherwise.
(3) A board, in exercising or performing the powers, duties and functions conferred on it by an enactment, is acting as the governing body of the regional district.
(4) Despite any change in its membership, the board of a regional district is a continuing body and may complete any proceedings started but not completed before the change.
175 A board may only exercise or perform its powers, duties and functions within the boundaries of the regional district unless authorized by or under this or another Act.
188 Section 176 is repealed and the following substituted:
176 (1) Subject to the specific limitations and conditions established by or under this or another Act, the corporate powers of a board include the following:
(a) to make agreements respecting
(i) the regional district's services, including agreements respecting the undertaking, provision and operation of those services, other than the exercise of the board's regulatory authority,
(ii) operation and enforcement in relation to the board's exercise of its regulatory authority, and
(iii) the management of property or an interest in property held by the regional district;
(b) to make agreements with a public authority respecting
(i) activities, works or services within the powers of a party to the agreement, other than the exercise of regulatory authority, including agreements respecting the undertaking, provision and operation of activities, works and services,
(ii) operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and
(iii) the management of property or an interest in property held by a party to the agreement;
(c) to provide assistance for the purpose of benefiting the community or any aspect of the community;
(d) to acquire, hold, manage and dispose of land, improvements, personal property or other property, and any interest or right in or with respect to that property;
(e) to delegate its powers, duties and functions, including those specifically established by an enactment, to its officers and employees, its committees or its members, or to other bodies established by the board;
(f) to engage in commercial, industrial and business undertakings and incorporate a corporation or acquire shares in a corporation for that purpose;
(g) to establish commissions to
(i) operate regional district services,
(ii) undertake operation and enforcement in relation to the board's exercise of its regulatory authority, and
(iii) manage property or an interest in property held by the regional district.
(2) In exercising its powers under subsection (1), a board may establish any terms and conditions it considers appropriate.
(3) The powers of a board under subsection (1) may be exercised outside the boundaries of the regional district.
189 Section 177 is repealed and the following substituted:
177 (1) If an agreement is proposed or made in relation to a matter that requires approval of the electors or assent of the electors,
(a) the agreement, and
(b) all records relating to the agreement that are in the custody or under the control of the regional district
must be available for public inspection at the regional district offices during the time when the approval or assent process is underway.
(2) Subsection (1) does not apply to records that must not be disclosed under the Freedom of Information and Protection of Privacy Act.
(3) Notices under
(a) section 164 [notice of other voting], or
(b) section 86 (2) [notice of alternative approval process] of the Community Charter
in relation to the agreement must state that the agreement and the records relating to it are available for public inspection in the regional district offices during their regular office hours.
190 Sections 178 and 179 are repealed.
191 Sections 180, 182 and 183 are amended by striking out "local government" wherever it appears and substituting "board".
192 Section 183.1 (1) and (2) is repealed and the following substituted:
(1) A board may provide assistance for one or more of the purposes referred to in section 25 (2) [heritage assistance] of the Community Charter.
(2) A board may, by an affirmative vote of at least 2/3 of the votes cast, provide assistance for the conservation of property referred to in section 25 (3) [heritage property assistance] of the Community Charter.
193 Section 184 is repealed and the following substituted:
184 As a limitation on sections 176 (1) (c) and 183, a board may provide a property tax exemption only in accordance with Division 4.4 [Tax Rates and Exemptions] of Part 24.
194 Section 185 (1) is amended by striking out "local government" and substituting "board".
195 Sections 186 and 187 are amended
(a) in subsection (1) by striking out "local government" and substituting "board", and
(b) in subsection (2) (c) by striking out "local government" and substituting "regional district".
196 Section 188 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsections (2) and (3), all money received by a regional district from the sale of land or improvements must be placed to the credit of a reserve fund. ,
(b) in subsection (2) by striking out "municipality or", and
(c) in subsection (3) by striking out "under Part 13".
197 Section 189 is repealed.
198 Section 190 (2) is repealed and the following substituted:
(2) The works may be disposed of only if
(a) the works are no longer required for the purpose described,
(b) the works are disposed of to a municipality in the regional district,
(c) in the case of works referred to in subsection (1) (a) or (b) that are used by the regional district to provide a water or sewer service,
(i) before the disposition occurs there is in effect an agreement under which the water or sewer service will continue for a period specified in the agreement, and
(ii) the intended disposition receives the assent of the electors, or
(d) in the case of works not referred to in paragraph (c), the board has obtained the approval of the electors in relation to the proposed disposition.
199 Division 6 of Part 5 is repealed and the following substituted:
Division 6 -- Delegation of Board Authority
191 (1) As a limitation on section 176 (1) (e) [corporate powers -- delegation], a board may not delegate the following:
(a) the making of a bylaw;
(b) a power or duty exercisable only by bylaw;
(c) a power or duty to appoint, suspend or terminate a regional district officer;
(d) a power or duty established by an enactment that the board hear an appeal or reconsider an action, decision or other matter;
(e) a power or duty established by this or any other Act that the board give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter;
(f) the power to impose a remedial action requirement under Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter.
(2) The authority under section 176 (1) (e) [corporate powers -- delegation] does not include authority to delegate to a corporation.
192 (1) Subject to section 193, a board may delegate a power, duty or function only by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast.
(2) A board may, by bylaw adopted by a majority of votes cast, amend or repeal a bylaw referred to in subsection (1) to reduce or revoke the delegation.
193 (1) This section applies to the delegation of
(a) board hearings that are required by law or authorized by an enactment, other than hearings referred to in section 191 (1) (d), and
(b) board proceedings in which a person is entitled under this Act to make representations to the board.
(2) The following rules apply in relation to a delegation referred to in subsection (1):
(a) the delegation may be made specifically, by class of hearings or proceedings, or generally;
(b) the delegation may only be made to one or more directors;
(c) if a board decision is to be made following a delegated hearing or proceeding, the authority to make the decision may only be delegated to the directors to whom the matter is delegated;
(d) if a board decision referred to in paragraph (c) is not delegated under that provision, the board must not make the decision until the applicable directors report to the board the views expressed at the hearing or proceeding.
(3) As an exception to section 192 (1), a board may delegate the holding of a hearing by bylaw or resolution adopted by a majority of votes cast.
(4) For certainty, if a delegation has been made under this section, the board may exercise its authority under this section to revoke that delegation or change the delegation to a different delegation in relation to a specific hearing or proceeding.
194 (1) If
(a) a board delegates a power to make a decision, and
(b) in relation to that delegation, an enactment establishes a right to have a delegated decision reconsidered by the board,
the board must, by bylaw, establish procedures for such a reconsideration, including how a person may apply for the reconsideration.
(2) In undertaking a reconsideration referred to in subsection (1), a board has the same authority as that conferred on the delegate.
(3) If there is a right of reconsideration, the person making the decision must advise the person subject to the decision of this right.
200 Section 195 is repealed and the following substituted:
195 (1) A regional district may only
(a) incorporate a corporation other than a society, or
(b) acquire shares in a corporation
with the approval of the inspector or as authorized by regulation.
(2) An incorporation or acquisition under subsection (1) applies as an exception to the restriction under section 183 [investment of municipal funds] of the Community Charter as it applies under section 814 of this Act.
201 The heading to Part 5.1 is repealed and the following substituted:
Part 5.1 -- Regional District Officers and Employees .
202 Division 1 of Part 5.1 is repealed and the following substituted:
Division 1 -- Officer Positions
196 (1) A board
(a) must, by bylaw, establish officer positions in relation to the powers, duties and functions under sections 198 [corporate administration] and 199 [financial administration], with titles it considers appropriate,
(b) may, by bylaw, establish other officer positions for its regional district, with titles it considers appropriate, and
(c) may, by bylaw or resolution, assign powers, duties and functions to those officer positions.
(2) For certainty,
(a) a board may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and
(b) the same person may be appointed to 2 or more officer positions.
197 One of the officer positions established under section 196 may be assigned the chief administrative responsibility, which includes the following powers, duties and functions:
(a) overall management of the administrative operations of the regional district;
(b) ensuring that the policies and directions of the board are implemented;
(c) advising and informing the board on the operation and affairs of the regional district.
198 One of the officer positions established under section 196 must be assigned the responsibility of corporate administration, which includes the following powers, duties and functions:
(a) ensuring that accurate minutes of the meetings of the board and board committees are prepared and that the minutes, bylaws and other records of the business of the board and board committees are maintained and kept safe;
(b) ensuring that access is provided to records of the board and board committees, as required by law or authorized by the board;
(c) certifying copies of bylaws and other documents, as required or requested;
(d) administering oaths and taking affirmations, declarations and affidavits required to be taken under this or any other Act relating to regional districts;
(e) accepting, on behalf of the board or regional district, notices and documents that are required or permitted to be given to, served on, filed with or otherwise provided to the board or regional district;
(f) keeping the corporate seal, if any, and having it affixed to documents as required.
199 One of the officer positions established under section 196 must be assigned the responsibility of financial administration, which includes the following powers, duties and functions:
(a) receiving all money paid to the regional district;
(b) ensuring the keeping of all funds and securities of the regional district;
(c) expending and disbursing money in the manner authorized by the board;
(d) investing funds, until required, in authorized investments;
(e) ensuring that accurate records and full accounts of the financial affairs of the regional district are prepared, maintained and kept safe;
(f) exercising control and supervision over all other financial affairs of the regional district.
203 The heading to Division 2 of Part 5.1 is repealed and the following substituted:
Division 2 -- Regional District Officers and Employees Generally .
204 Section 200 (1) is amended
(a) by striking out "a local government" and substituting "a board", and
(b) in paragraph (a) by striking out "its municipality or regional district," and substituting "the regional district,".
205 Sections 201 to 203 are repealed and the following substituted:
201 Before taking on the duties of office, a person appointed to an officer position for a regional district must swear or affirm an oath of office in the form prescribed by regulation or established by bylaw.
202 (1) Subject to a contract of employment and subject to providing the officer with an opportunity to be heard, the appointment of a regional district officer may be terminated by the board as follows:
(a) in the case of termination for cause, by immediate termination without any period of notice;
(b) in any other case, by termination on reasonable notice.
(2) A termination under subsection (1) (b) may only be made by the affirmative vote of at least 2/3 of all directors.
203 A board may, by an affirmative vote of at least 2/3 of the votes cast, provide for the inclusion of its regional district in an employers' organization under the Labour Relations Code.
206 Section 204 (1) (b) is repealed and the following substituted:
(b) one must be nominated by the Local Government Management Association of British Columbia, and .
207 The heading of Part 5.2 and the heading of Division 1 of Part 5.2 are repealed and the following substituted:
Part 5.2 -- Regional District Boards and Their Proceedings
Division 1 -- Board Members .
208 Sections 207 to 209 are repealed.
209 Section 210 is repealed and the following substituted:
210 (1) A person elected or appointed to office on a board must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:
(a) in the case of an electoral area director elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;
(b) in the case of an electoral area director elected by voting, within 45 days after the declaration of the results of the election;
(c) in the case of a person appointed to an electoral area under section 78 [appointment if an insufficient number of candidates are elected], within 45 days after the effective date of the appointment;
(d) in the case of a person appointed as municipal director, within 45 days after the effective date of the appointment;
(e) in the case of a person appointed as alternate director, within 45 days after the effective date of the appointment or the first board meeting or board committee meeting at which the person acts in that capacity, whichever is latest.
(2) The oath or solemn affirmation must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia, the regional district corporate officer or the chief election officer, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.
(3) A person takes office on a board
(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the regional district corporate officer, or
(b) at any later time that the person produces the completed oath or certificate to that officer.
(4) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.
(5) A person taking office on a board may also make an oath of allegiance.
(6) Once a board member takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.
210 Section 211 is repealed.
211 Section 212 is repealed and the following substituted:
212 (1) A board member may resign from office only by delivering a written resignation to the regional district corporate officer.
(2) A resignation becomes effective when it is received by the corporate officer, even if a later date is set out in the resignation, and may not be revoked after the time it is received.
(3) The corporate officer must notify the board of a resignation at the next meeting of the board after the resignation is received or, if there are no other board members, the corporate officer must notify the minister.
212 Sections 213 and 214 are repealed.
213 The heading of Division 2 of Part 5.2 is repealed and the following substituted:
Division 2 -- Chair .
214 Sections 218 and 219 are repealed and the following substituted:
218 (1) The chair is the head and chief executive officer of the regional district.
(2) In addition to the chair's powers and duties as a board member, the chair has the following duties:
(a) to see that the law is carried out for the improvement and good government of the regional district;
(b) to communicate information to the board and to recommend bylaws, resolutions and measures that, in the chair's opinion, may assist the peace, order and good government of the regional district in relation to the powers conferred on the board by an enactment;
(c) to inspect and direct the conduct of officers and employees, to direct the management of regional district business and affairs and, if considered necessary, to suspend an officer or employee;
(d) so far as the chair's power extends, to see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished.
(3) Every suspension of an officer or employee by the chair under this section must be reported to the board at the next meeting of the board, and the board may
(a) reinstate the officer or employee,
(b) confirm the suspension,
(c) confirm and extend the suspension, or
(d) dismiss the officer or employee.
219 (1) The chair of a regional district has the same authority as a mayor under section 131 [mayor may require council reconsideration of a matter] of the Community Charter.
(2) In exercising the power under subsection (1), the chair may return the matter for reconsideration at the meeting of the board following the original vote, whether or not this is within the 30 day period referred to in section 131 (2) of the Community Charter.
215 Sections 220 and 221 are repealed.
216 The heading of Division 3 of Part 5.2 is repealed and the following substituted:
Division 3 -- Board Meetings .
217 Section 222 is repealed.
218 Section 222.1 is repealed and the following substituted:
222.1 (1) A board must meet
(a) regularly in accordance with its bylaw under section 794 [procedure, bylaws and enforcement], and
(b) as it decides and as provided in this Act.
(2) A special board meeting is a board meeting other than a statutory, regular or adjourned meeting.
(3) If permitted under subsection (5), a board meeting may be conducted by means of electronic or other communications facilities.
(4) Members of the board who are participating under this section in a meeting conducted in accordance with subsection (3) are deemed to be present at the meeting.
(5) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (3) and prescribing conditions, limits and requirements respecting such meetings.
219 Sections 223 and 224 are repealed.
220 Sections 227 is repealed and the following substituted:
227 (1) The chair, if present, must preside at board meetings.
(2) Section 132 [authority of presiding member] of the Community Charter applies to regional districts, except that a reference to section 123 of the Community Charter in that section is to be read as a reference to section 791 [voting on resolutions and bylaws] of this Act.
221 Sections 228 to 231 are repealed.
222 The heading of Division 4 of Part 5.2 is repealed and the following substituted:
Division 4 -- Board Proceedings .
223 Sections 232 to 235 are repealed.
224 Sections 236 and 237 are repealed and the following substituted:
236 (1) Minutes of board meetings must be
(a) legibly recorded,
(b) certified as correct by the designated regional district officer,
(c) signed by the chair or other member presiding at the meeting or at the next meeting at which they are adopted, and
(d) open for public inspection at the regional district offices during their regular office hours.
(2) Subsection (1) (d) does not apply to minutes of a board meeting or part of a board meeting that is closed to the public under section 90 [meetings that may or must be closed to the public] of the Community Charter as it applies under section 793 (7) of this Act.
237 Minutes of a board committee meetings must be
(a) legibly recorded,
(b) signed by the chair or member presiding at the meeting, and
(c) open for public inspection as provided for board minutes under section 213.
225 Sections 238 to 241 are repealed.
226 Divisions 4.1 and 5 of Part 5.2 are repealed.
227 The heading to Part 6 is repealed and the following substituted:
Part 6 -- Challenge and Enforcement of Bylaws .
228 Division 1 of Part 6 is repealed.
229 Section 262 is amended
(a) in subsection (2) by striking out "to a regional district or",
(b) by repealing subsection (3) (a),
(c) in subsection (3) (c) by adding "subject to subsection (3.1)," before "in any other case", and
(d) by adding the following subsection:
(3.1) Notice of an application to set aside a security issuing bylaw of a regional district, stating the grounds of the application, must be served on the regional district at least 5 days before the hearing and not more than 10 days after the adoption of the bylaw.
230 Divisions 3 to 5 of Part 6 are repealed and the following substituted:
Division 3 -- Enforcement of Regional District Bylaws
266 (1) A board may make bylaws for
(a) the purposes of enforcing the bylaws of the regional district by fine, by imprisonment or both, and
(b) imposing fines, penalties and costs.
(2) Section 261 [payment of fines and other penalties] of the Community Charter applies to regional districts.
266.1 (1) Division 3 [Ticketing for Bylaw Offences] of Part 8 of the Community Charter applies to regional districts.
(2) For the purpose of subsection (1), a reference in section 265 [penalties in relation to ticket offences] of the Community Charter to a bylaw is to be read as a reference to a bylaw under section 266 (1) of this Act.
267 (1) If a bylaw establishes a regulation or requirement to be observed in a regional district, a person who contravenes the regulation or requirement commits an offence that is punishable in the same manner as if the bylaw had expressly forbidden persons from doing or refraining from doing the act.
(2) In a prosecution for an offence against a regional district bylaw, the justice or court may impose all or part of the penalty or punishment authorized by the bylaw, this Act or the Offence Act, together with the costs of prosecution.
(3) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justice or court may, by order, authorize all or part of the penalty and costs to be levied by distress and sale of the offender's goods and chattels.
(4) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the justice or court may commit the offender to imprisonment for the term, or part of the term, specified in the bylaw.
268 If a board has authority to regulate, prohibit and impose requirements in relation to a matter, the board may, by bylaw, authorize officers, employees and agents of the regional district to enter, at all reasonable times, on any property to inspect and determine whether all regulations, prohibitions and requirements are being met.
269 (1) The authority of a board under this or another Act to require that something be done includes the authority to direct that, if a person subject to the requirement fails to take the required action, the regional district may
(a) fulfill the requirement at the expense of the person, and
(b) recover the costs incurred from that person as a debt.
(2) Section 363.1 [special fees and charges that are to be collected as taxes] applies to an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements.
231 The heading to Division 1 of Part 7 is repealed and the following substituted:
Division 1 -- Proceedings by Regional Districts .
232 Sections 281 and 282 are repealed and the following substituted:
281 Division 4 [Enforcement by Civil Proceedings] of Part 8 of the Community Charter applies to regional districts.
233 Section 283 (1) is amended by striking out "municipality." and substituting "regional district."
234 Section 284 is amended by striking out "A council" and substituting "A board".
235 Section 287 (1) (d) and (q) is repealed and the following substituted:
(d) a member of a commission established under section 176 (1) (g) [corporate powers] of this Act or section 143 [municipal commissions] of the Community Charter;
(d.1) a member of a library board under the Library Act;
(q) a member of a municipal committee, of a board committee, or of a committee under section 740.1 [appointment of select and standing committees] who is not also a member of the council, board or board of trustees, as applicable.
236 Section 287.1 is repealed and the following substituted:
287.1 It is a good defence to any action brought against the local government financial officer for unlawful expenditure of local government funds if it is proved that the individual gave a written and signed warning to the council or board that, in his or her opinion, the expenditure would be unlawful.
237 Section 287.2 is repealed and the following substituted:
287.2 (1) In this section:
"indemnification" means the payment of amounts required or incurred
(a) to defend an action or prosecution brought against a person in connection with the exercise or intended exercise of the person's powers or the performance or intended performance of the person's duties or functions,
(b) to satisfy a judgment, award or penalty imposed in an action or prosecution referred to in paragraph (a), or
(c) in relation to an inquiry under Part 2 of the Inquiry Act, or to another proceeding, that involves the administration of the municipality or the conduct of municipal business;
"municipal official" means
(a) a current or former council member,
(b) a current or former municipal officer or employee, or
(c) a person who is or was a person referred to in section 287 (1) [immunity for individual municipal public officers], but only in relation to the exercise of powers or the performance of duties or functions for or on behalf of a municipality.
(2) A council may, do the following:
(a) by bylaw, provide for the indemnification of municipal officials in accordance with the bylaw;
(b) by resolution in a specific case, indemnify a municipal official.
(3) As a limit on indemnification under subsection (2), a council must not pay a fine that is imposed as a result of a municipal official's conviction for an offence that is not a strict or absolute liability offence.
(4) Sections 100 [disclosure of conflict] and 101 [restrictions on participation if in conflict] of the Community Charter do not apply to a council member who could be, or would be, indemnified under a bylaw or resolution under subsection (2).
(5) Subject to subsection (6), a council may not seek indemnity against a municipal official in respect of any conduct of the person that results in a claim for damages against the municipality.
(6) The restriction under subsection (5) does not apply if the court makes a finding in the action that the person has been guilty of dishonesty, gross negligence or malicious or willful misconduct.
(7) This section applies to a greater board, the trust council under the Islands Trust Act, the Okanagan-Kootenay Sterile Insect Release Board or a library board under the Library Act in relation to any person referred to in section 287 (1) [immunity for individual municipal public officers], but only in relation to the exercise of powers or the performance of duties or functions for or on behalf of that corporation.
238 Section 289 is repealed and the following substituted:
289 A municipality or a member of its council, a regional district or a member of its board, or an officer or employee of a municipality or regional district, is not liable for any damages or other loss, including economic loss, sustained by any person, or to the property of any person, as a result of neglect or failure, for any reason, to enforce, by the institution of a civil proceeding or a prosecution,
(a) a regulation under section 692 (1),
(b) a bylaw under Part 21, or
(c) a bylaw under section 8 (3) (l) [fundamental powers -- buildings and other structures] of the Community Charter, or
(d) a bylaw under Division 8 [Building Regulation] of Part 3 of the Community Charter.
239 Section 294 is amended by striking out "municipal officer assigned responsibility under section 198" and substituting "municipal corporate officer".
240 Section 295 (2) is repealed and the following substituted:
(2) A rate under subsection (1) must be established in the same manner as a rate under section 197 (1) (a) [municipal property value taxes] of the Community Charter.
241 Section 296 (4) is repealed and the following substituted:
(4) After satisfying the execution and all fees on it, the sheriff must pay any surplus within 10 days after receiving it to the municipal financial officer, for the general purposes of the municipality.
242 Section 297 (1) is repealed and the following substituted:
(1) For all purposes connected with carrying into effect, or permitting or assisting the sheriff to carry into effect, the provisions of this Act for executions, the municipal corporate officer, the municipal financial officer and the collector are deemed to be officers of the court in which the writ was issued.
243 Section 299 is repealed.
244 Section 300 is repealed and the following substituted:
300 (1) In this section, "local authority" means a municipality, a regional district or an improvement district.
(2) A local authority may, with one or more other local authorities,
(a) enter into a scheme of self insurance protection under section 187 of the Financial Institutions Act or under the Insurance (Captive Company) Act, or
(b) with the consent of the Superintendent of Financial Institutions, enter into a joint scheme of self insurance protection.
(3) For a regional district, a scheme under subsection (2) may have a single deductible for any number of services.
245 Section 301 is repealed.
246 Section 301.1 is amended by adding the following subsection:
(3) The authority to make regulations in subsection (2) applies to provisions of the Community Charter enacted in substitution for or replacement of provisions of this Part.
247 Section 301.11 is repealed.
248 The heading to Part 8 is repealed and the following substituted:
Part 8 -- Special Powers Relating to Property .
249 Division 1 of Part 8 is repealed and the following substituted:
Division 1 -- Reservation and Dedication of Regional District Property
302 Section 30 [reservation and dedication of municipal property] of the Community Charter applies to regional districts.
303 (1) If land outside a municipality is dedicated to the public for the purpose of a park or a public square by a subdivision plan deposited in the land title office, by which title is vested in the Crown, the regional district in which it is located is entitled to possession and control of the land for that purpose.
(2) If land referred to in subsection (1) was dedicated as referred to in that subsection before this Act came into force, the regional district is deemed to have had possession and control of it for that purpose from the date it was dedicated, and continues to have that possession and control.
304 (1) Section 27 [exchange or other disposal of park land] of the Community Charter applies to land
(a) referred to in section 303 [Crown land parks dedicated by subdivision],
(b) vested in a regional district under section 936 (5) (a) [park land in place of development cost charges], or
(c) vested in a regional district under section 941 (14) [park land in relation to subdivision].
(2) All land taken in exchange under this section is dedicated for the purpose of a park or public square and the title to it vests
(a) in the case of land referred to in subsection (1) (a), in the Crown with right of possession and control in the regional district, and
(b) in the case of land referred to in subsection (1) (b) or (c), in the regional district.
(3) A transfer under this section of land referred to in subsection (1) (a) has effect as a Crown grant.
250 Section 307 is repealed and the following substituted:
307 (1) As a limitation on section 8 (1) [natural person powers] of the Community Charter, a council must not sell or lease land set aside as a municipal forest reserve except as provided in this Division.
(2) A council may, by bylaw adopted with the approval of the electors, withdraw land from a municipal forest reserve.
(3) In addition to the information required by section 86 (2) [alternative approval process -- notice] of the Community Charter or section 164 (3) [notice of other voting] of this Act, the notice in relation to approval of the electors under subsection (2) of this section must
(a) describe the purpose for which the council intends to withdraw the land from the municipal forest reserve, and
(b) in the case of a sale of the land, state the price that is to be received.
(4) A council may, by bylaw adopted with the assent of the electors, lease for a term not longer than 99 years, all or part of a municipal forest reserve, subject to the following:
(a) the agreement must make adequate provision for the protection of the municipal forest reserve on a sustained yield basis and for protection from fire;
(b) the annual rental agreed on must be based on area and current values of the annual cutting;
(c) the lessee must covenant to pay normal municipal taxes on the land, and on any structure erected or placed on the land either temporarily or permanently;
(d) the agreement must be embodied in the bylaw.
251 Section 308 (1) is repealed and the following substituted:
(1) Without limiting section 8 (1) [natural person powers] of the Community Charter, a council may cut, sell, remove or otherwise dispose of any timber or other products from a municipal forest reserve.
252 Division 3 of Part 8 is repealed and the following substituted:
Division 3 -- Expropriation and Compensation
309 (1) For the purpose of exercising or performing its powers, duties and functions, a regional district may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act.
(2) The power under subsection (1) also applies to property outside the regional district for the purposes of
(a) a service provided by the regional district to an area outside the regional district, or
(b) establishing and managing quarries, sand pits or gravel pits to acquire material for regional district works.
310 (1) Without limiting section 309 [expropriation power], a regional district may, for the purposes of one or more of its services, enter on, break up, alter, take or enter into possession of and use real property.
(2) If a regional district exercises an authority to provide a service outside the regional district, the power under subsection (1) applies to property outside the regional district in relation to that service.
(3) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property] of the Community Charter, as that section applies under section 314.1 [authority to enter on or into property] of this Act.
311 (1) If a board considers that real property may be injuriously affected by the exercise of a board power, the regional district may enter on real property and undertake works of construction, maintenance or repair in mitigation of injury done or anticipated, or in reduction of compensation.
(2) The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property] of the Community Charter, as that section applies under section 314.1 [authority to enter on or into property] of this Act.
312 (1) Unless expressly provided otherwise, if a regional district expropriates real property or works under this or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any benefit that the person claiming the compensation may derive from the work resulting from the expropriation.
(2) If a regional district
(a) exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and
(b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act,
compensation is payable for any loss or damages caused by the exercise of the power.
(3) For the purposes of subsection (2), compensation must be paid as soon as reasonably possible in an amount set
(a) by agreement between the person claiming the compensation and the regional district, or
(b) if no agreement is reached, by the Expropriation Compensation Board.
253 Division 4 of Part 8 is repealed and the following substituted:
Division 4 -- Other Regional District Powers
314 (1) Without limiting section 176 [corporate powers], a board may accept any property devised, bequeathed, conveyed or otherwise transferred to the regional district, subject to any trusts on which the property is transferred.
(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, a board may sell the property despite any limitations or restrictions in this Act.
(3) All money held by a regional district subject to a trust, until required for the purposes of the trust, must be invested in accordance with section 183 [investment of municipal funds] of the Community Charter as that section applies under section 814 (3) of this Act.
(4) If, in the opinion of a board, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the regional district, the board may apply to the Supreme Court for an order under subsection (5).
(5) On an application under subsection (4), the Supreme Court may vary, by order, the terms or trusts that the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the regional district.
(6) Section 87 of the Trustee Act [discharge of trustee's duty] applies to an order under subsection (5).
314.1 (1) Section 16 (1) to (5) [authority to enter on or into property] of the Community Charter applies in relation to an authority under this or another Act for a regional district to enter on property, except that a reference to subsection (6) (a) of that section is to be read as a reference to section 268 [inspections to determine whether bylaws are being followed] of this Act.
(2) Without limiting the matters to which this section applies, a regional district may enter on property for the purpose of taking action authorized under section 269 [regional district action at defaulter's expense].
Division 4.1 -- Special Municipal Powers
315.1 (1) If a municipal bylaw establishes
(a) taxes or fees for the supply of water for irrigation, or
(b) other terms on which the service may be supplied or used,
the bylaw overrides the terms of any agreement respecting the carriage or supply of water for irrigation entered into by a company or other person from whom the municipality has acquired a water licence or works.
(2) An extension to a system for supplying water for irrigation must not be made for the purpose of supplying water to other land if the extension will prejudicially affect the prior rights of any parties to the use of the water intended to be conveyed and distributed by the extension.
315.2 (1) A district municipality may
(a) collect the water from any highway by means of drains or ditches, and
(b) convey the water to, and discharge the water in, the most convenient natural waterway or watercourse.
(2) A municipality proposing to construct drains or ditches authorized by subsection (1) must publish a notice in accordance with subsection (3) in a newspaper once a week for 4 consecutive weeks.
(3) The notice under subsection (2) must state that
(a) the municipality intends to undertake the works,
(b) plans and specifications of the works may be inspected at the municipal hall, and
(c) all claims for damages or compensation arising out of the construction, maintenance, operation or use of the works must be filed with the municipality within one month from the date of the fourth publication of the notice.
(4) No person has a claim for damages or compensation arising out of or by reason of the construction, maintenance, operation or use of the drains or ditches unless the person has filed a claim referred to in subsection (3) (c) within the time period established by that subsection.
(5) If the municipality proceeds with the works or a portion of them, every claim must be determined in accordance with Division 4 [Expropriation and Compensation] of Part 3 of the Community Charter.
(6) If the construction of the drains or ditches is not started within one year from the date of the fourth publication of the notice under subsection (2), the construction must not proceed unless new notice is given in accordance with that subsection.
(7) No action arising out of, by reason of or in respect of the construction, maintenance, operation or use of a drain or ditch authorized by this section, whenever the drain or ditch is or was constructed, may be brought or maintained in a court against a district municipality.
(8) This section does not restrict the powers of the municipality under this Act or another enactment and, in the case of a conflict, this section prevails.
Division 4.2 -- Other Powers
315.3 The minister may confer on a local government further powers to manage and dispose of assets, including taxation revenue, that the minister considers necessary or advisable.
254 Part 9 is repealed.
255 The heading to Part 10 is repealed and the following substituted:
Part 10 -- Municipal Taxation: Special Cases .
256 Divisions 1 and 2 of Part 10 are repealed.
257 The heading to Division 3 of Part 10 is repealed.
258 Section 352 is repealed and the following substituted:
352 (1) Despite this Act or the Community Charter, land in a municipality that is forest land as defined in the Assessment Act must be so classified by the assessor and assessed under that Act, but taxed under section 197 (1) (a) [municipal property taxes] of the Community Charter.
(2) The exemption provided by section 15 (1) (l) of the Taxation (Rural Area) Act applies to land in a municipality, but section 131 (2) of the School Act applies for the purposes referred to in section 197 (1) (b) [property taxes for other bodies] of the Community Charter.
259 Section 353 is amended
(a) by repealing subsection (3) and substituting the following:
(3) Tax under subsection (2) is subject to the same remedies and penalties as taxes under Part 7 [Municipal Revenue] of the Community Charter. ,
(b) by repealing subsection (4) (b) and substituting the following:
(b) pay the tax imposed under subsection (2) in accordance with Division 10 [Property Tax Due Dates and Tax Notices] of Part 7 of the Community Charter. , and
(c) by repealing subsections (6) and (7) and substituting the following:
(6) Tax imposed on a utility company under subsection (2) is in place of tax that might otherwise be imposed on the specified improvements under section 197 (1) (a) [municipal property taxes] of the Community Charter, and taxes may not be imposed under that provision on the specified improvements although they may be imposed on those improvements under section 197 (1) (b) [property taxes for other bodies] of the Community Charter.
(7) For certainty, all land and improvements of a utility company in a municipality, other than specified improvements, are subject to tax under section 197 [annual property tax bylaw] of the Community Charter.
260 Division 4 of Part 10 is repealed.
261 The heading to Part 10.1 is repealed and the following substituted:
Part 10.1 -- Regional District Fees, Charges and Interest .
262 Divisions 1 and 2 of Part 10.1 are repealed.
263 The heading to Division 3 is repealed.
264 Section 363 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A board may, by bylaw, impose a fee or charge payable in respect of
(a) all or part of a service of the regional district, or
(b) the use of regional district property. ,
(b) in subsections (2) (a) and (4) by striking out "municipality" wherever it appears and substituting "regional district", and
(c) in subsection (3) by striking out "council" and substituting "board".
265 The following sections are added:
363.1 A regional district may, by bylaw, establish the manner in which interest is calculated if
(a) this or another Act provides a requirement or authority to apply interest to an amount owed to, or owing by, the regional district, and
(b) the manner in which interest is calculated is not otherwise provided for.
363.2 (1) This section applies to the following:
(a) regional district fees or charges imposed under this Act for work done or services provided to land or improvements;
(b) fees imposed under section 726 (1) (b) [fire and security alarms systems];
(c) amounts that a regional district is entitled to recover for work done or services provided to land or improvements under any provision of this Act that authorizes the regional district to recover amounts in the event of default by a person.
(2) If an amount referred to in subsection (1) is due and payable by December 31 and is unpaid on that date,
(a) the amount is deemed to be taxes in arrear,
(b) the regional district financial officer must promptly, after December 31, forward a statement showing the amount of the fee or charge
(i) to the Surveyor of Taxes in the case of real property that is not in a municipality, or
(ii) to the applicable municipal collector in other cases, and
(c) the Surveyor of Taxes or collector must add the amount of the fee or charge to the taxes payable on the property.
(3) If an amount is added to taxes under subsection (2) (c),
(a) the amount is deemed to be a Provincial or municipal tax, as applicable, and must be dealt with in the same manner as taxes against the property would be under the Taxation (Rural Area) Act or the Community Charter, and
(b) when it is collected, the Minister of Finance or collecting municipality must pay the amount to the regional district to which it is owed.
(4) If an amount is added under subsection (2) (c) and is not paid at the time the property is sold by tax sale,
(a) if the upset price is obtained at the time of the tax sale, the minister or municipality referred to in subsection (3) must pay out of the proceeds of the sale the amount due under this section to the regional district to which it is owed, or
(b) if the upset price is not obtained and subsequently the property is sold, the proceeds of the sale must be applied according to the respective interests in the upset price.
(5) Despite subsections (2) to (4), the regional district to which the amount is owed may bring action in a court of competent jurisdiction to recover that amount.
266 Section 364 is amended
(a) in subsection (1) by striking out "section 376 (1)" and substituting "section 363.1", and
(b) in subsection (3) by striking out "municipality," and substituting "regional district,".
267 The heading to Part 11 is repealed and the following substituted:
Part 11 -- Annual Municipal Tax Sale .
268 Divisions 1 to 3 and 7 of Part 11 are repealed.
269 The heading to Division 8 of Part 11 is repealed.
270 Section 403 (5) to (7) is repealed and the following substituted:
(5) The collector may also offer for sale at the tax sale the other improvements on the real property that are taxable under this Act or the Community Charter and on which taxes are delinquent.
(6) A sale under subsection (5) must be in accordance with section 252 [recovery of taxes by the legal remedy of distress] of the Community Charter.
(7) The sale of real property under this section is not a bar to a sale under section 252 [recovery of taxes by the legal remedy of distress] of the Community Charter.
271 Section 415 (2) is repealed and the following substituted:
(2) The accruing taxes continue to be a special lien on the property under section 250 [taxes are a special charge on the land] of the Community Charter.
272 Section 416 (3) (b) is repealed and the following substituted:
(b) a statement of the municipal corporate officer setting out the facts under which the payment into court is made and the names of both the owner at the time of the tax sale and the claimant.
273 Section 420 (7) is amended by striking out "no appeal is made under section 301," and substituting "no appeal is made under section 311 (1) (c) or (d) of the Land Title Act,".
274 Section 428 is repealed.
275 Part 13 is repealed.
276 The heading to Part 15 is repealed and the following substituted:
Part 15 -- Specific Regional District Service Powers .
277 Divisions 1 and 2 are repealed.
278 Section 522 (1) is amended
(a) by striking out "a council" and substituting "a board", and
(b) by repealing paragraph (a) and substituting the following:
(a) authorize the fire chief to
(i) enter on property and inspect premises for conditions that may cause a fire, increase the danger of a fire or increase the danger to persons or property from a fire,
(ii) take the measures described in the bylaw to prevent and suppress fires, including the demolition of buildings and other structures to prevent the spreading of fire, and
(iii) exercise some or all of the powers of the fire commissioner under section 25 of the Fire Services Act, and for these purposes that section applies; .
279 Section 523 is repealed and the following substituted:
523 (1) Subject to the Health Act, a board may, by bylaw,
(a) regulate and prohibit for the purposes of maintaining, promoting or preserving public health or maintaining sanitary conditions, and
(b) undertake any other measures it considers necessary for those purposes.
(2) Section 9 [spheres of concurrent authority] of the Community Charter applies to a bylaw under subsection (1).
(3) As a further limit on subsection (1), a board must not fluoridate the water supply unless the bylaw has received the assent of the electors.
280 Division 5 of Part 15 is repealed.
281 Sections 540 and 541 are repealed and the following substituted:
540 A board may, by bylaw,
(a) regulate and prohibit the design and installation of drainage and sewerage works provided by persons other than the regional district, and
(b) require owners of real property to connect their buildings and structures to the appropriate sewer or drain connections in the manner specified in the bylaw.
541 A board may, by bylaw, make a watercourse part of the regional district drainage system, whether the watercourse is on a highway or on regional district or private land.
282 Section 542 (2) is amended
(a) by striking out "A council" and substituting "A board", and
(b) in paragraph (a) (i) and (ii) by striking out "municipality" and substituting "regional district".
283 Section 543 is amended
(a) in subsections (1) and (3) by striking out "council" and substituting "board",
(b) in subsections (1) and (2) (b) and (c) by striking out "municipality" and substituting "regional district", and
(c) in subsection (2) (e) by striking out "municipal" in both places and substituting "regional district".
284 Section 544 is amended
(a) in subsections (1) and (7) by striking out "council" and substituting "board",
(b) in subsections (1) and (3) by striking out "municipality" and substituting "regional district", and
(c) in subsection (6) by striking out "municipal" and substituting "regional district".
285 Section 545 is repealed.
286 Section 546 is repealed and the following substituted:
546 Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter applies to regional districts in relation to matters referred to in section 75 [harm to drainage or dike] of that Act.
287 Section 547 is amended
(a) in subsections (2) and (4) by striking out "council" and substituting "board", and
(b) in subsection (3) by striking out "council's" and substituting "board's".
288 Section 548 is repealed and the following substituted:
548 A board may make agreements with adjoining municipalities or regional districts, and also with the owner of any land, through, on or in which runs a natural stream or watercourse, for one or more of the following:
(a) constructing, enlarging or maintaining a culvert, ditch, flume, embankment or other work;
(b) removing obstructions from the stream or watercourse to lessen or prevent the danger of flooding from it;
(c) the granting, expending or accepting of money for the purposes referred to in paragraphs (a) and (b), even though the work may not be located in the municipality or regional district granting, expending or accepting the money or entering into the agreement.
289 Section 549 is repealed.
290 Section 550 is amended
(a) by striking out "council" and substituting "board", and
(b) in paragraph (a) by striking out "municipality;" and substituting "regional district;".
291 Section 551 is amended by striking out "a council" in both places and substituting "a board".
292 Section 552 is repealed and the following substituted:
552 A board may require a person using a local government right of way other than a highway to provide the regional district, if reasonably possible, with accurate plans and profiles of any of their works and facilities using the right of way.
293 Section 553 is repealed and the following substituted:
553 Section 315.1 [irrigation services] applies to regional districts.
294 Section 554 is repealed.
295 Section 555 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The authority of a regional district under the following provisions is subject to the applicable provisions of the Water Act:
section 541 [watercourse may be included in drainage system];
section 542 [requirements respecting drainage works];
section 543 [appropriation of stream channel or bed];
section 544 [control of drainage];
section 548 [interjurisdictional watercourses]. , and
(b) in subsection (2) by striking out "municipality" wherever it appears and substituting "regional district".
296 Parts 17 and 19 are repealed.
297 The heading to Part 20 is repealed and the following substituted:
Part 20 -- Regulation of Carriers and Commercial Vehicle Licensing .
298 The heading to Division 1 of Part 20 is repealed and the following substituted:
Division 1 -- Regulation of Carriers .
299 Sections 652 to 656 are repealed.
300 Section 657 (2) is amended by striking out "section 653 [authority to regulate business]," and substituting "section 8 (6) [fundamental powers -- business] of the Community Charter,".
301 Division 2 of Part 20 is repealed.
302 Section 680 is repealed.
303 Section 692 (2) and (3) is repealed and the following substituted:
(2) The building code and other regulations under subsection (1) apply to all municipalities and to regional districts or parts of them not inside a municipality, and have the same force and effect as a validly enacted bylaw of the municipality or regional district, as applicable.
304 The heading to Division 2 of Part 21 is repealed and the following substituted:
Division 2 -- Regional District Building Regulation .
305 The following section is added to Division 2 of Part 21:
693.1 (1) This Division applies only to a regional district that provides a service referred to in section 797.1 (1) (a) [building inspection].
(2) As a further restriction, section 9 [spheres of concurrent authority] of the Community Charter applies in relation to a regional district bylaw under this Part respecting matters referred to in subsection (1) (d) [building regulation] of that section.
306 Section 694 is repealed and the following substituted:
694 (1) Subject to the Health Act, the Fire Services Act and the regulations under those Acts, a board may, for the health, safety or protection of persons or property, by bylaw, do one or more of the following:
(a) regulate the construction, alteration, repair or demolition of buildings and other structures;
(b) regulate the installation, alteration or repair of plumbing including septic tanks and sewer connections, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind;
(c) require contractors, owners or other persons to obtain and hold a valid permit from the board, or the authorized official, before starting and during the construction, installation, repair or alteration of gas or oil pipes and fittings, plumbing, heating, sewers, septic tanks, drains, electrical wiring, oil burners, tanks, pumps and similar works and buildings and other structures of the kind, description or value described in the bylaw;
(d) require that, before occupancy of a building or part of it after construction, wrecking or alteration, or a change in class of occupancy of a building or part of it, an occupancy permit be obtained from the board or the authorized official;
(e) prescribe conditions generally governing the issue and validity of permits, inspection of works, buildings and other structures;
(f) establish areas to be known as fire limits and, for those areas,
(i) regulate the construction of buildings in respect of precautions against fire, and
(ii) discriminate and differentiate between areas in the character of the buildings permitted;
(g) regulate the seating arrangements and capacity of churches, theatres, halls and other places of public amusement or resort;
(h) regulate or prohibit the moving of a building from one property to another in the regional district;
(i) require the fencing of private swimming pools or other pools, existing or prospective, according to specifications set out in the bylaw;
(j) regulate the construction and layout of trailer courts, manufactured home parks and camping grounds and require that those courts, parks and grounds provide facilities specified in the bylaw;
(k) provide that a trailer or manufactured home must not be occupied as a residence or an office unless its construction and facilities meet the standards specified in the bylaw;
(l) require the installation of smoke alarms in existing buildings and other structures and, in relation to this, establish standards and specifications for required smoke alarms and their installation, to the extent that the requirements of the bylaw do not exceed those established by the Provincial building regulations;
(m) require the maintenance of smoke alarms installed as required by the Provincial building regulations or by bylaw under paragraph (l) and, in relation to this, establish standards for their maintenance;
(n) require the maintenance of "residential premises" and "residential property", as defined in the Residential Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations.
(2) If requested by an applicant, the building inspector must give written reasons for his or her refusal to issue a building permit required under this section.
(3) An occupancy permit required under subsection (1) (d) may be withheld until the building or part of it complies with the following:
(a) the Provincial building regulations;
(b) bylaws under this section;
(c) any other health and safety requirements established by bylaw;
(d) any other federal or Provincial enactment in relation to health or safety.
307 Section 694 (1) is amended by adding the following paragraph:
(n.1) require the maintenance of "manufactured homes", "manufactured home sites" and "manufactured home parks", as defined in the Manufactured Home Park Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations.
308 Section 694.1 is repealed and the following substituted:
694.1 (1) This section applies if, under section 796.2 (3) [permit, licensing and approval authority], a board or an official authorized by the board requires a person to provide security as a condition of issuing a permit or authorizing the moving of a building under section 694.
(2) The person who is subject to the requirement may, at that person's option, provide the security by
(a) a cash deposit,
(b) an irrevocable letter of credit, or
(c) another form of security satisfactory to the board or the person who imposed the requirement for security.
(3) Interest on the security becomes part of the security.
(4) The security may be used by the regional district only to repair or replace
(a) a highway, including sidewalks and boulevards,
(b) a public work, or
(c) other regional district property
that has been altered or damaged by an activity related to the subject matter of the permit or authorization.
(5) Any amount of the security that is not required for a purpose referred to in subsection (4) must be returned to the person who provided it.
309 Section 695 is repealed and the following substituted:
695 The following provisions of the Community Charter apply to regional districts:
section 55 [requirement for professional certification];
section 56 [requirement for geotechnical report];
section 57 [note against land title that building regulations contravened];
section 58 [cancellation of note against land title].
310 Section 696 (1) is amended by striking out "a council" and substituting "a board".
311 Section 697 (1) is amended by striking out "a council" and substituting "a board".
312 Division 3 of Part 21 is repealed and the following substituted:
Division 3 -- Hazardous Conditions
698 (1) Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter applies to regional districts in relation to matters referred to in section 73 (1) (a) and (b) [structures, excavations and similar matters or things that are unsafe or contravene building bylaws] of that Act.
(2) In relation to section 73 (2) (b) [matter contravening Provincial building regulations or bylaws] of the Community Charter as it applies under subsection (1), the reference to a bylaw is to be read as a bylaw under Division 2 of this Part.
(3) In relation to sections 77 (3) (b) [remedial action after date specified for compliance] and 80 (4) and (5) [recovery of municipal costs through sale of property -- distribution of proceeds] of the Community Charter as it applies under subsection (1), a reference to section 17 of that Act is to be read as a reference to section 269 of this Act.
313 The following section is added to Division 1 of Part 22:
702.1 This Division applies only to a regional district that provides a service referred to in section 797.1 (1) (b) [animal control].
314 Section 703 is repealed and the following substituted:
703 (1) Subject to subsection (2), the board may, by bylaw, do one or more of the following:
(a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine, rabbits or other animals and define areas in which they may be kept or may not be kept;
(b) require that the owner, possessor or harbourer of a dog, or any class of dog, must keep it, as the bylaw directs,
(i) effectively muzzled while at large or on a highway or public place, or
(ii) on leash or under control of a competent person while on a highway or public place.
(2) For the purpose of subsection (1), "other animals" does not include any animal that the board did not have authority to regulate in respect of, or prohibit the keeping of, under section 703 as it read before being repealed by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003.
(3) Without limiting subsection (1) (a), a bylaw under that provision may regulate the keeping of dogs by requiring persons who own, possess or harbour a dog to hold a licence for the dog.
(4) A bylaw referred to in subsection (3) may
(a) require a separate dog licence for each dog, and
(b) vary the amount of the fee according to the sex, age, size or breed of the dog.
(5) A dog licence issued under this section is for the calendar year in which the licence is issued.
(6) If a fee is imposed for a dog licence, the board may, by bylaw,
(a) provide for the payment of compensation, on a scale set out in the bylaw, to the owner of any domestic animal that is killed or injured by a dog over the age of 4 months, the owner of which is unknown and, after diligent inquiry, cannot be found, and
(b) provide for the maximum sum that is available in any one year for the purposes of compensation under this subsection.
315 Sections 704 to 706 are repealed.
316 Sections 707 and 707.1 are repealed and the following substituted:
707 The board may, by bylaw, do one or more of the following:
(a) provide for the seizure, impounding and detention of
(i) unlicensed dogs, and
(ii) animals referred to in section 703 (1) (a) that are unlawfully at large;
(b) establish, maintain and operate facilities as pounds;
(c) regulate and establish the fines and fees, including damages for trespassing on private property, to be levied and collected by pound keepers;
(d) provide for the sale or destruction of animals impounded if the fines, fees and other charges are not paid within a reasonable time.
707.1 (1) The board may designate a person as an animal control officer as defined in section 49 [special powers in relation to dangerous dogs] of the Community Charter, and, if the board does so, section 49 of the Community Charter applies to the regional district.
(2) Despite section 702.1, a peace officer may exercise authority under section 49 of the Community Charter within the boundaries of a regional district.
317 Division 2 of Part 22 is repealed.
318 Sections 716, 718 and 720 to 722.1 are repealed.
319 Section 723 is repealed and the following substituted:
723 (1) This section applies to a regional district only if the regional district provides a service referred to in section 797.1 (1) (c).
(2) The board may, by bylaw, regulate or prohibit
(a) the removal of soil from, and
(b) the deposit of soil or other material on
any land in the regional district or in any area of the regional district.
(3) A bylaw under subsection (2) may make different regulations and prohibitions for different areas.
(4) Section 9 [spheres of concurrent authority] of the Community Charter applies to a provision in a bylaw under subsection (2) that
(a) prohibits the removal of soil, or
(b) prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination.
(5) The board may, by bylaw, do one or more of the following:
(a) require the holding of a permit for
(i) the removal of soil from, or
(ii) the deposit of soil or other material on
any land in the regional district or in any area of the regional district;
(b) impose rates or levels of fees for a permit referred to in paragraph (a);
(c) impose rates or levels of fees for the activities referred to in paragraph (a).
(6) Fees under subsection (5) (b) or (c) may vary according to the quantity of soil removed or the quantity of soil or other material deposited, and the rates or levels of fees may be different for different areas of the regional district.
(7) A bylaw under subsection (5) (b) or (c) has no effect until it is approved by the minister.
320 Section 724 is amended
(a) in subsection (1) by striking out "A council" and substituting "If a regional district provides a service referred to in section 797.1 (1) (d), the board",
(b) in subsection (1) (a) (ii) by striking out "the council" and substituting "the board", and
(c) by striking out "municipality" in both places and substituting "regional district".
321 Section 725 is amended
(a) in subsection (1) by striking out "A council" and substituting "If a regional district provides a service referred to in section 797.1 (1) (d), the board",
(b) by repealing subsection (1) (i) to (m), and
(c) by repealing subsections (2) and (3).
322 Section 725.1 is repealed.
323 Section 726 is amended
(a) in subsection (1) by striking out "In relation to fire alarm systems and security alarm systems, a council" and substituting "If a regional district provides a service referred to in section 797.1 (1) (e) in relation to fire alarm systems and security alarm systems, the board",
(b) by repealing subsection (1) (b) (i) and substituting the following:
(i) by the owner or occupier of real property to which services are provided by or on behalf of the regional district in response to a false alarm of a system, or , and
(c) in subsection (3) (a) by striking out "municipalities, including the City of Vancouver," and substituting "regional districts and the City of Vancouver".
324 Sections 727 and 727.1 are repealed.
325 Section 728 is repealed and the following substituted:
728 Subject to the Fireworks Act, if a regional district provides a service referred to in section 797.1 (1) (d), the board may, by bylaw, regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every nature or kind.
326 The following section is added to Division 3 of Part 22:
728.1 If a regional district provides a service referred to in section 797.1 (1) (f) [numbering of buildings], the board may, by bylaw, require owners or occupiers of real property to place building or structure numbers assigned by the regional district in a conspicuous place.
327 Section 738.4 (3) is repealed and the following substituted:
(3) Subject to a contract of employment and subject to providing the officer with an opportunity to be heard, the appointment of an improvement district officer may be terminated by the board of trustees as follows:
(a) in the case of termination for cause, by immediate termination without any period of notice;
(b) in any other case, by termination on reasonable notice.
(4) A termination under subsection (3) (b) may be made only by the affirmative vote of at least 2/3 of all trustees.
328 Section 741.2 (2) and (3) is repealed and the following substituted:
(2) Sections 169 [municipal auditor] and 171 [auditor's reports] of the Community Charter apply to a person appointed under subsection (1).
329 Section 745 (4) is repealed and the following substituted:
(4) Money held by an improvement district that is not immediately required may be invested or reinvested by the board of trustees in investments referred to in section 183 [investment of municipal funds] of the Community Charter.
330 Section 746 (1) is amended by adding the following paragraph:
(g.1) establishing the manner in which interest is calculated if
(i) this or another Act provides a requirement or authority to apply interest to an amount owed to, or owing by, the improvement district, and
(ii) the manner in which interest is calculated is not otherwise provided for; .
331 Section 756.1 (4) is repealed and the following substituted:
(4) The council must incorporate the rates under subsection (3) under section 197 (1) (b) [property taxes for other bodies] of the Community Charter.
332 Section 757 (7) is repealed and the following substituted:
(7) Section 199 [property tax rates regulations] of the Community Charter applies to a variable tax rate system under this section and, for these purposes, a reference to a municipality in that section is to be read as a reference to an improvement district.
333 Section 773 is repealed.
334 Section 774 is amended by striking out "to this Part," and substituting "or the Community Charter to regional districts,".
335 Section 777 (3) (c) is repealed and the following substituted:
(c) amend the voting unit referred to in subsection (1) (d); .
336 Section 783 is amended
(a) by repealing subsection (3), and
(b) by repealing subsection (7) (b) and substituting the following:
(b) the municipal corporate officer must notify the regional district corporate officer of the assignment made under paragraph (a).
337 Sections 784 (3) and 785 (2) are repealed.
338 Section 786 (3) and (4) is repealed and the following substituted:
(3) If the council appoints an alternate director, the municipal corporate officer must notify the regional district corporate officer of the appointment in writing.
(4) An alternate director holds office as alternate director until another council member is appointed as a replacement and the regional district corporate officer has been notified of the new appointment.
339 Section 787 (3) (b) is repealed and the following substituted:
(b) the director notifies, in writing, the regional district corporate officer of the appointment of the alternate.
340 The following section is added:
787.1 (1) The following provisions of the Community Charter apply to regional districts:
Division 6 [Conflict of Interest] of Part 4;
Division 7 [Disqualification] of Part 4;
section 117 [duty to respect confidentiality];
section 282 (2) (e) [regulations in relation to Division 6 of Part 4].
(2) For the purpose of subsection (1), a reference to a delegate in section 102 (1) (c) [restrictions on inside influence] of the Community Charter is to be read as a reference to a delegate under section 176 (1) (e) [delegation of board authority] of this Act.
(3) Section 110 (1) (a) [disqualification for failure to take oath] of the Community Charter does not apply in relation to alternate directors, and for other directors the applicable time is the time established by section 207 of this Act.
341 Section 791 is amended
(a) in subsection (3) (e) by striking out "823 (5)" and substituting "823.1 (3)", and
(b) by repealing subsections (9) and (10) and substituting the following:
(9) Each director who
(a) is present at the time of a vote, and
(b) is entitled to vote on the matter,
must vote on the matter and must cast all available votes for the same objective.
(10) If a director who is entitled to vote does not indicate how he or she votes, the director is deemed to have voted in the affirmative.
342 Section 792 (5) and (6) is repealed.
343 Section 793 (3), (7) and (8) are repealed and the following substituted:
(3) On the request of the chair or of any 2 directors, the corporate officer must call a special meeting by notice that
(a) states the general purpose and the day, hour and place of the meeting, and
(b) is mailed at least 5 days before the date of the meeting to each director at the address given by the director to the corporate officer for that purpose.
(7) The following provisions of the Community Charter apply to regional districts:
Division 3 of Part 4 [Open Meetings];
section 133 [expulsion from meetings];
section 282 (2) (c) [regulations related to meeting rules].
(8) The minister may, by regulation applicable to one or more regional districts, make provision for obtaining and counting votes of the directors on urgent issues and adopting resolutions and bylaws on those issues without the necessity of holding a board meeting.
(8.1) A board member participating in a vote under subsection (8) is deemed to be present at a board meeting and a resolution or bylaw adopted under subsection (8) deemed to have been adopted at a board meeting.
344 Section 794 is repealed and the following substituted:
794 (1) A board must, by bylaw, do the following:
(a) establish the general procedures to be followed by the board and by board committees in conducting their business, including the manner by which resolutions may be passed and bylaws adopted;
(b) provide for advance public notice respecting the time, place and date of board and board committee meetings and establish the procedures for giving that notice;
(c) identify places that are to be public notice posting places for the purposes of the application of section 94 [requirements for public notice] of the Community Charter to the regional district.
(2) A procedure bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the corporate officer for that purpose, at least 5 days before the meeting at which the amendment is to be introduced.
(3) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a bylaw that does not require approval, consent or assent under this or any other Act before it is adopted may be adopted at the same meeting at which it passes third reading if the motion for adoption receives at least 2/3 of the votes cast.
(4) Regional district bylaws must be available for public inspection in the regional district offices during their regular office hours.
(5) Division 2 [Challenge of Bylaws] of Part 6 applies to regional districts.
(6) The following provisions of the Community Charter apply to regional districts:
section 122 [exercise of powers by bylaw or resolution];
section 134 [authority to compel witnesses];
Division 3 [Bylaw Procedures] of Part 5;
section 162 [certified copies of municipal records];
section 163 [evidence of municipal bylaws and other records].
345 Section 796 is amended by adding the following subsections:
(4) If a regional district has established works or facilities outside the regional district for the purposes of a regional district service, the board may, by bylaw, regulate and prohibit the use of the works and facilities.
(5) If a board enters into a mutual aid agreement respecting the use of equipment and personnel, those uses may be undertaken inside or outside the service area.
346 Section 796.2 is repealed and the following substituted:
796.2 (1) A bylaw in relation to a regional district service, other than a regulatory service, may
(a) make different provisions for different areas, times, conditions or circumstances as described by bylaw,
(b) establish different classes of persons, places, activities, property or things, and
(c) make different provisions, including exceptions, for different classes established under paragraph (b).
(2) A board may, by bylaw, regulate and prohibit in relation to a regional district service other than a regulatory service.
(3) Without limiting subsection (2), a bylaw under that subsection may provide for a system of licences, permits or approvals in relation to a regional district service, including by doing one or more of the following:
(a) prohibiting any activity or thing until a licence, permit or approval has been granted;
(b) providing for the granting and refusal of licences, permits and approvals;
(c) providing for the effective periods of licences, permits and approvals;
(d) establishing
(i) terms and conditions of, or
(ii) terms and conditions that must be met for obtaining, continuing to hold or renewing
a licence, permit or approval, or providing that such terms and conditions may be imposed, the nature of the terms and conditions and who may impose them;
(e) providing for the suspension or cancellation of licences, permits and approvals for
(i) failure to comply with a term or condition of a licence, permit or approval, or
(ii) failure to comply with the bylaw;
(f) providing for reconsideration or appeals of decisions made with respect to the granting, refusal, suspension or cancellation of licences, permits and approvals.
347 Section 797 is repealed.
348 Section 797.1 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If a board establishes any of the following services, the indicated provisions apply in relation to the service:
(a) in relation to building inspection, Division 2 [Regional District Building Regulation] of Part 21;
(b) in relation to animal control, Division 1 [Regulation of Animals] of Part 22;
(c) in relation to the control of the deposit and removal of soil and the control of the deposit of other materials, section 723;
(d) in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances, sections 724 [noise control], 725 [nuisances and disturbances] and 728 [fireworks];
(e) in relation to the regulation of fire alarm systems and security alarm systems, section 726;
(f) in relation to the numbering of buildings, section 728.1 [house numbering]. , and
(b) by repealing subsection (3) (b) and substituting the following:
(b) the giving of grants to an applicant for a business promotion scheme under section 215 [business improvement areas] of the Community Charter in relation to a mountain resort.
349 Section 797.2 is repealed.
350 Section 797.4 is repealed and the following substituted:
797.4 (1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area.
(2) Each page of a petition referred to in subsection (1) must do the following:
(a) describe in general terms the service that is proposed;
(b) define the boundaries of the proposed service area;
(c) indicate in general terms the proposed method for recovering annual costs;
(d) contain other information that the board may require.
(3) In order for a petition to be certified as sufficient and valid for the purposes of this section, the petition
(a) must be signed by the owners of at least 50% of the parcels liable to be charged for the proposed service, and
(b) the persons signing must be the owners of parcels that in total represent 50% of the net taxable value of all land and improvements within the proposed service area.
(4) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter apply to a petition under this section.
351 The following section is added:
797.5 (1) If approval of the electors is required by or under this Act or the Community Charter in relation to a proposed regional district bylaw, agreement or other matter, that approval may be obtained either by
(a) assent of the electors, or
(b) approval of the electors by alternative elector approval process.
(2) Division 2 [Approval of the Electors] of Part 4 and section 282 (2) (d) [regulations in relation to form and content of forms] of the Community Charter apply for the purposes of this section.
352 Section 798 is repealed and the following substituted:
798 A board has all necessary power to do anything incidental or conducive to the exercise or performance of any power, duty or function conferred on a board or regional district by this or any other enactment.
353 Section 799 is repealed and the following substituted:
799 (1) Despite any other Act, the Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified regional district or a described class of regional districts:
(a) provide a power, including a power to regulate, prohibit and impose requirements;
(b) provide that a power conferred under paragraph (a) may be exercised only as a regulatory service;
(c) provide an exception to or a modification of a requirement or condition established by an enactment;
(d) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding a power, modification or exception under this section;
(e) authorize a minister to establish any terms and conditions the minister considers appropriate regarding a power, modification or exception under this section.
(2) As restrictions, a regulation under this section may not do any of the following:
(a) override an absolute prohibition contained in an enactment;
(b) confer an authority to impose a new tax;
(c) confer an authority to grant a new tax exemption;
(d) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining approval of the electors by alternative approval process.
354 Section 800 (2) (h) is repealed and the following substituted:
(h) the giving of grants to an applicant for a business promotion scheme under section 215 [business improvement areas] of the Community Charter in relation to a mountain resort; .
355 Section 800.2 (3) is repealed and the following substituted:
(3) If a proposed establishing bylaw includes provisions referred to in subsection (1) (d), each participant must consent to the provisions before the bylaw is submitted for participating area approval under section 801.
356 Sections 801 to 801.6 are repealed and the following substituted:
801 (1) An establishing bylaw has no effect unless, before its adoption, it receives
(a) the approval of the inspector, and
(b) participating area approval in accordance with this section.
(2) Participating area approval under this section may be obtained as follows:
(a) in any case, by assent of the electors in accordance with section 801.2 [approval by voting];
(b) if permitted under section 801.3 (1) [approval by alternative approval process], approval given in accordance with that section;
(c) if permitted under section 801.4 [consent on behalf of municipal electors] for a proposed municipal participating area, consent given in accordance with that section;
(d) if permitted under section 801.5 (1) [consent on behalf of electoral area electors] for a proposed electoral participating area, consent given in accordance with that section.
(3) Unless authorized under subsection (4), participating area approval must be obtained separately for each participating area in the proposed service area.
(4) If approval is to be obtained under subsection (2) (a) or (b), the board may, by resolution adopted by at least 2/3 of the votes cast, provide that the participating area approval is to be obtained for the entire proposed service area.
801.1 (1) If participating area approval is to be obtained for the entire service area,
(a) the board may choose the method,
(b) in the case of approval by alternative approval process, the board is responsible for obtaining the approval, and
(c) in the case of approval by assent of the electors, at the option of the board,
(i) the board is responsible for conducting the voting throughout the proposed service area, or
(ii) the board and councils are responsible for conducting the voting in the same manner as under subsection (2), with the results of the voting in these areas added together.
(2) If participating area approval is to be obtained separately for each participating area,
(a) subject to subsection (3), for a municipal participating area, the council may choose the method and is responsible for obtaining the approval, and
(b) for an electoral participating area, the board may choose the method and is responsible for obtaining the approval.
(3) If, within 30 days after third reading of the establishing bylaw, a council
(a) has notified the regional district that it is refusing to seek participating area approval, or
(b) fails to give any notice to the regional district with respect to how participating area approval is to be obtained,
the board may adopt a resolution under section 801 (4) [approval of establishing bylaws -- entire area] to have participating area approval obtained for the entire service area.
(4) Despite section 40 (1) [costs of elections], if a council is authorized to give consent on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal participating area] but does not exercise this authority, the municipality is responsible for the costs of obtaining the participating area approval.
801.2 (1) Participating area approval through assent of the electors under Part 4 [Other Voting] is obtained if,
(a) in the case of approval under section 801 (3) [each participating area separately], for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw, or
(b) in the case of approval under section 801 (4) [entire service area], a majority of votes counted as valid is in favour of the bylaw.
(2) In the case of approval under section 801 (4) [entire service area], for the purposes of determining who is entitled to vote under section 161, the voting area is deemed to be all the proposed participating areas.
801.3 (1) Participating area approval may be obtained by alternative approval process if
(a) the maximum amount that may be requisitioned for the service is the amount equivalent to 50¢ for each $1 000 of net taxable value of land and improvements included in the service area, or
(b) the bylaw relates to a service for
(i) the collection, conveyance, treatment or disposal of sewage,
(ii) the supply, treatment, conveyance, storage or distribution of water, or
(iii) the collection, removal or disposal of solid waste or recyclable material.
(2) In addition to the information required by section 86 (2) of the Community Charter, the notice of an alternative approval process under this section must
(a) include a copy of the bylaw, or
(b) include a synopsis of the bylaw that
(i) describes in general terms, the intent of the bylaw,
(ii) describes the proposed service area, and
(iii) indicates the date, time and place for public inspection of copies of the bylaw.
801.4 If a proposed participating area is all of a municipality, the council may give participating area approval by
(a) consenting on behalf of the electors to adoption of the proposed bylaw, and
(b) notifying the board of its consent.
801.5 (1) For a proposed electoral participating area, the board may authorize participating area approval to be given under this section
(a) if the board receives a sufficient petition under section 797.4 [petition for electoral area services], or
(b) in the case of an establishing bylaw for a service referred to in section 800.1 (2) [no requisition limit required], if
(i) the participating area includes all of the electoral area, and
(ii) the service can be established without borrowing.
(2) Participating area approval under this section may be given by the electoral area director consenting in writing to adoption of the bylaw.
(3) If a director refuses to give consent under subsection (2), the board may, by a resolution adopted by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and give participating area approval by consenting to adoption of the bylaw on behalf of the electors in the proposed participating area.
(4) If a board consents under subsection (3), the director for the participating area may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order
(a) that the consent of the board under subsection (3) stands,
(b) that participating area approval must be obtained under section 801.2 [approval by assent of the electors], or
(c) that participating area approval must be obtained under section 801.3 [approval by alternative approval process].
801.6 (1) If a board proposes to borrow money for the start of a service, the establishing bylaw and the loan authorization bylaw must, for the purposes of obtaining participating area approval, be dealt with as if they were one bylaw.
(2) The regional district corporate officer must file with the inspector a copy of each establishing bylaw after it has been adopted.
357 Section 802 (2), (6) and (7) are repealed and the following substituted:
(2) Sections 801.4 [consent on behalf of municipal participating area] and 801.5 (2) to (4) [consent on behalf of electoral area electors] apply to consent under subsection (1) (b) of this section.
(6) Section 137 (2) [minister may waive requirement for elector assent or approval] of the Community Charter does not apply to a bylaw amending or repealing an establishing bylaw.
(7) The regional district corporate officer must file with the inspector a bylaw amending or repealing an establishing bylaw after it has been adopted.
358 Section 802.2 is repealed and the following substituted:
802.2 (1) Subject to subsection (2), if
(a) a bylaw amending an establishing bylaw, or
(b) a conversion bylaw under section 774.2 (3)
is required in order to borrow money for a service, the amending or conversion bylaw and the loan authorization bylaw may, for the purposes of obtaining participating area approval under sections 801 to 801.5, be dealt with as if they were one bylaw.
(2) The minister may order that participating area approval of an amending or conversion bylaw referred to in subsection (1) must be obtained separately from the approval of the loan authorization bylaw.
359 Section 803 (1) (c) is repealed and the following substituted:
(c) fees and charges imposed under section 363 [imposition of fees and charges]; .
360 Section 804 (2) (j) is repealed and the following substituted:
(j) in the case of a business improvement area under section 215 [business improvements areas] of the Community Charter in relation to a mountain resort, entirely from that area, with the service area deemed to be the business improvement area; .
361 Section 805.1 (1) and (2) is repealed and the following substituted:
(1) If a requisition is delivered to a municipality, the amount requisitioned must be collected by the municipality as follows:
(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax in accordance with Division 3 [Property Value Taxes] of Part 7 of the Community Charter using the tax base authorized under section 804.3 [tax base for property value taxes] of this Act;
(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax in accordance with Division 4 [Parcel Taxes] of Part 7 of the Community Charter.
(2) Part 7 [Municipal Revenue] of the Community Charter applies for the purposes of taxation under this section.
362 Section 806.1 (2) is repealed and the following substituted:
(2) If a parcel tax is to be imposed under this section,
(a) the board must, by bylaw, provide for the preparation of a parcel tax roll for the service area, and for these purposes Division 4 [Parcel Taxes] of Part 7 of the Community Charter applies,
(b) the authenticated parcel tax roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and
(c) the authenticated parcel tax roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.
363 Section 807 (1) is amended by striking out "Municipal Grants Act, 1980 (Canada)" and 364 "Payments in Lieu of Taxes Act (Canada)".
364 Section 809 (1) (a) is repealed and the following substituted:
(a) under section 229 [taxation of municipal land used by others] of the Community Charter as if the property were owned by a municipality, or .
365 Section 810 (3) and (4) is repealed and the following substituted:
(3) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if the bylaw has received the approval of the electors, for a specified period not longer than 10 years.
(4) In addition to the information required by section 86 (2) [alternate approval process notice] of the Community Charter or section 164 (3) [notice of other voting] of this Act, the notice in relation to approval of the electors under subsection (3) (b) of this section must
(a) identify the eligible heritage property that would be subject to the bylaw, and
(b) describe the exemption that would be made for the eligible heritage property.
366 Section 810.1 is amended
(a) by repealing subsection (2) (b) and substituting the following:
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 245 [taxes in arrear] of the Community Charter. , and
(b) by repealing subsection (7) (a) and substituting the following:
(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible heritage property, in which case section 363.1 [special fees and charges that are to be collected as taxes] applies, or .
367 Section 811 (4) and (5) is repealed and the following substituted:
(4) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if the bylaw has received the approval of the electors, for a specified period not greater than 10 years.
(5) In addition to the information required by 86 (2) [alternate approval process notice] of the Community Charter or section 164 (3) [notice of other voting] of this Act, the notice in relation to approval of the electors under subsection (4) (b) of this section must
(a) identify the eligible riparian property that would be subject to the bylaw, and
(b) describe the exemption that would be made for the eligible riparian property.
368 Section 811.1 is amended
(a) by repealing subsection (2) (b) and substituting the following:
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 245 [taxes in arrear] of the Community Charter. , and
(b) by repealing subsection (7) (a) and substituting the following:
(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible riparian property, in which case section 363.1 [special fees and charges that are to be collected as taxes] applies, or .
369 Section 812 (3) is repealed and the following substituted:
(3) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for a period that by exercising rights of renewal or extension could exceed 5 years, the bylaw may be adopted only with the approval of the electors.
370 Section 813.14 is amended
(a) in subsection (1) (d) by striking out "approval of the electors" and substituting "approval in accordance with subsection (4)", and
(b) by repealing subsection (4) and substituting the following:
(4) Approval required under subsection (1) (d) is obtained by one of the following:
(a) assent of the electors in the participating area in accordance with section 801.2 [approval by assent of the electors];
(b) in the case of a service referred to in section 801.3 (1) [approval by alternative elector approval process], by approval in accordance with that section;
(c) in the case of a municipal participating area that is all of the municipality, consent given on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal participating area].
371 Section 814 is repealed and the following substituted:
814 (1) The regional district financial officer must keep separate financial records for each service that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details.
(2) The fiscal year for a regional district is the calendar year.
(3) The following provisions of the Community Charter apply to regional districts:
section 167 [annual financial statements];
section 168 [reporting of council remuneration, expenses and contracts];
section 183 [investment of municipal funds];
Division 2 of Part 6 [Audit];
Division 4 of Part 6 [Reserve Funds];
Division 5 of Part 6 [Restrictions on Use of Municipal Funds].
(4) In relation to the application of Division 4 [Reserve Funds] of Part 6 of the Community Charter,
(a) the provisions apply as though each service were the only service provided by the regional district,
(b) all accounting and other matters relating to a reserve fund must be kept separate for each service, and
(c) a board may adopt a bylaw under section 189 (3) [reserve fund used in relation to expropriation or damage to property] of the Community Charter in relation to compensation in respect of property expropriated or injured or to carry out works referred to in section 311 [entry on land to mitigate damage] of this Act, but only with the approval of the inspector.
814.1 (1) By June 30 in each year, a regional district must hold a board meeting or other public meeting for the purpose of presenting
(a) the audited financial statements of the preceding year, and
(b) the report under section 168 [reporting of remuneration, expenses and contracts] of the Community Charter.
(2) The board must give notice of the meeting by publication in a newspaper, including
(a) the date, time and place of the meeting, and
(b) a statement that the financial statements and any reports to be presented at the meeting are available for inspection at the regional district offices.
(3) A copy of the financial statements and reports must be available for public inspection at the regional district offices during their regular office hours from the time the notice under subsection (2) is given until June 30 in the following year.
372 Section 815 (3) and (8) is repealed and the following substituted:
(3) The planning period for a financial plan is 5 years, that period being the year in which the plan is specified to come into force and the following 4 years.
(8) The proposed transfers between funds in respect of a service must set out separate amounts for
(a) reserve funds,
(b) accumulated surplus.
373 Section 819 is repealed and the following substituted:
819 (1) The following provisions of the Community Charter apply to regional districts:
section 175 [liabilities under agreements];
section 176 [liabilities imposed under prescribed enactments];
section 179 [loan authorization bylaws for long term borrowing].
(2) For the purposes of obtaining the approval of the electors under section 175 of the Community Charter, the electors are the electors of the service area in respect of which the liability is to be incurred.
(3) In relation to section 179 (1) (g) of the Community Charter as it applies under subsection (1), the reference to carrying out works referred to in section 32 (3) [expropriation or damage to property] of that Act is to be read as a reference to works referred to in section 311 [entry on land to mitigate damage] of this Act.
374 Section 820 is repealed.
375 Section 823 is repealed and the following substituted:
823 (1) In addition to the requirements of section 179 [loan authorization bylaws for long term borrowing] of the Community Charter, a regional district loan authorization bylaw must identify the service to which it relates.
(2) A loan authorization bylaw may not be adopted in relation to a service referred to in section 800 (2) (h) [grants for mountain resort business improvement areas].
(3) Section 802 (1) to (6) [amendment or repeal of establishing bylaws] applies to the amendment or repeal of a loan authorization bylaw.
823.1 (1) Subject to subsection (2), a loan authorization bylaw must receive participating area approval in accordance with this section.
(2) Participating area approval is not required for the following:
(a) money borrowed for a purpose referred to in section 179 (1) (d) to (f) [borrowings for court and arbitration requirements] of the Community Charter;
(b) paying compensation in respect of property expropriated or injured in carrying out works referred to in section 311 [entry on land to mitigate damage] of this Act;
(c) money borrowed for a purpose prescribed by regulation or in circumstances prescribed by regulation, subject to any conditions established by regulation.
(3) Participating area approval under this section may be obtained as follows:
(a) in any case, by assent of the electors in accordance section 801.2 [approval by assent of the electors];
(b) in any case, by approval given in accordance with section 801.3 [approval by alternative approval process];
(c) for a municipal participating area that is all of the municipality, consent given in accordance with section 801.4 [consent on behalf of municipal participating area];
(d) for an electoral participating area, consent given in accordance with section 801.5 (2) to (4) [consent on behalf of electoral participating area] if the borrowing is in relation to a service that was requested by petition under section 797.4 [petition for electoral area services] and the petition contemplated the borrowing.
(4) The matter put before the electors under subsection (3) (a) or (b) must include the information referred to in section 179 (2) [loan authorization bylaw requirements] of the Community Charter.
(5) Subject to this section, Division 4.1 [Establishing Bylaws] of this Part applies for the purposes of obtaining approval required by subsection (1).
823.2 (1) A board that has adopted a loan authorization bylaw may, by bylaw, temporarily borrow money not exceeding the difference between the total amount authorized by the loan authorization bylaw and the amount already borrowed in relation to that bylaw.
(2) To the extent necessary, the proceeds of the borrowing under section 825 [security issuing bylaws] in relation to the loan authorization bylaw must be used to repay the money temporarily borrowed.
376 Section 824 is amended
(a) by repealing subsection (1) (a) and substituting the following:
(a) for which the council of the municipality has adopted a loan authorization bylaw in accordance with the Community Charter, or , and
(b) in subsection (3) by striking out "section 335.3" and substituting "section 825".
377 Section 825 is repealed and the following substituted:
825 (1) A board may, by a security issuing bylaw, provide for the issue of debentures or other evidence of debt for all or part of the debt authorized by one or more loan authorization bylaws.
(2) A security issuing bylaw must specify the following:
(a) the loan authorization bylaws that authorize the borrowing;
(b) the amount of borrowing authorized by each loan authorization bylaw;
(c) the amount already borrowed under each loan authorization bylaw;
(d) the amount remaining to be borrowed under each loan authorization bylaw;
(e) the amount authorized by the security issuing bylaw to be issued under each loan authorization bylaw;
(f) the term of the debt.
(3) The proceeds of the borrowing under a security issuing bylaw must be allotted proportionately for the purposes of each loan authorization bylaw referred to in subsection (2) (a).
(4) A security issuing bylaw must not be adopted
(a) while any proceeding is pending in which the validity of a loan authorization bylaw referred to in subsection (2) (a) is called into question or by which it is sought to be set aside, or
(b) until the time for giving notice of intention to apply to set aside the loan authorization bylaw expires.
(5) A regional district security issuing bylaw may include borrowing under section 824 [financing municipal undertakings], as well as borrowing by the regional district for its own purposes.
378 Section 847 is repealed and the following substituted:
847 (1) The following apply to a regional district and its board:
Division 2 of Part 7 [Proceedings against Municipality];
section 293 (2) and (3) [writ of execution against municipality];
section 294 [copy of writ to be left with municipal officer];
section 297 [officers of municipality as officers of court];
section 298 [certain municipal property exempt from seizure].
(1.1) Section 275 [entry warrants] of the Community Charter applies to regional districts.
379 Section 868 (1) is repealed and the following substituted:
(1) Without limiting section 176 [corporate powers] of this Act or section 8 (1) [natural person powers] of the Community Charter, a local government may enter into agreements respecting the coordination of activities relating to the implementation of a regional growth strategy.
380 Section 872 is amended in paragraph (b) of the definition of "density" by striking out "buildings and structures" and substituting "buildings and other structures".
381 Section 873.1 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A rural land use bylaw adopted under section 886, before that section was repealed by the Local Government Statutes Amendment Act, 2000, is deemed to be a general bylaw under section 138 [municipal codes and other general bylaws] of the Community Charter. , and
(b) in subsection (2) by striking out "comprehensive".
382 Section 890 (9) is amended by striking out "section 257," and substituting "section 135 [requirements for passing bylaws] of the Community Charter,".
383 Section 891 (1) is amended by striking out ", under section 176 (1) (e) [corporate powers -- delegation],".
384 Section 901 is amended
(a) in subsection (1) by repealing paragraph (b) and substituting the following:
(b) a bylaw under section 8 (3) (c) [fundamental powers -- trees] of the Community Charter, other than a bylaw that has an effect referred to in section 50 (2) [restrictions on authority -- preventing all uses] of that Act if the council has taken action under subsection (3) of that section to compensate or mitigate the hardship that is caused to the person; , and
(b) in subsection (3) (d) (ii) by striking out "or," and substituting "or".
385 Section 903 (1) (c) is amended by striking out "buildings and structures" wherever it appears and substituting "buildings and other structures".
386 Section 906 is amended
(a) in subsection (1) (a) by striking out "buildings and structures" and substituting "buildings and other structures", and
(b) in subsection (4) by striking out "under section 496".
387 Section 911 (9) is amended by striking out "buildings and structures" and substituting "buildings and other structures".
388 Section 912 (1) is amended by striking out "buildings and structures" and substituting "buildings and other structures".
389 Section 915 (1) is amended by striking out "buildings and structures" and substituting "buildings and other structures".
390 Section 920 is amended
(a) in subsection (1) (b) and (e) and (10) by striking out "building or structure" and substituting "building or other structure", and
(b) in subsections (7.1) (c), (8) and (9) by striking out "buildings and structures" and substituting "buildings and other structures".
391 Section 922 (1) and (8) is repealed and the following substituted:
(1) On application by an owner of land, a local government may, by resolution, issue a development variance permit that varies, in respect of the land covered in the permit, the provisions of a bylaw under any of the following:
(a) section 694 (1) (j) [construction and layout of trailer courts, etc.];
(b) Division 7 [Zoning and Other Development Regulation], 8 [Use of Land for Agricultural Operations] or 11 [Subdivision and Development Requirements] of this Part;
(c) section 8 (3) (g) [fundamental powers -- protection of persons and property] of the Community Charter in relation to matters referred to in section 63 (e) [protection - trailer courts, manufactured homes and camping grounds] of that Act.
(8) As a restriction on section 176 (1) (e) [corporate powers -- delegation] of this Act and section 154 [delegation of council authority] of the Community Charter, a local government may not delegate the issuance of a development variance permit.
392 Section 929 (4) is repealed and the following substituted:
(4) If the local government does not adopt a plan or bylaw referred to in subsection (1) within the 60 day period, the owners of the land for which a building permit was withheld under this section are entitled to compensation for damages arising from the withholding of the building permit.
(4.1) For the purposes of subsection (4), Division 3 [Expropriation and Compensation] of Part 8 of this Act applies in relation to a regional district and Division 4 of Part 3 of the Community Charter applies in relation to a municipality.
393 Section 933 is amended
(a) in subsection (4) (a) by striking out "section 339 (1) (g);" and substituting "section 220 (1) (h) [statutory exemption for places of public worship] or 224 (2) (f) [permissive exemptions in relation to places of public worship] of the Community Charter;",
(b) by repealing subsection (7) (a) and substituting the following:
(a) a local government has imposed a fee or charge or made a requirement under
(i) section 363 [regional district fees and charges],
(ii) section 194 [municipal fees] of the Community Charter,
(iii) Division 11 [subdivision and development requirements] of this Part, or
(iv) section 729 of the Municipal Act, R.S.B.C. 1979, c. 290, before the repeal of that section became effective,
for park land or for specific services outside the boundaries of land being subdivided or developed, and , and
(c) by repealing subsection (11) and substituting the following:
(11) As a restriction on
(a) sections 176 (1) (c) [corporate powers -- assistance] and 183 [assistance under partnering agreements], and
(b) sections 8 (1) [natural person powers] and 21 [partnering agreements] of the Community Charter,
a local government must not provide assistance by waiving or reducing a charge under this section.
394 Section 935 (2) is repealed.
395 Section 937 is amended
(a) by repealing subsection (2) (a) substituting the following:
(a) the development cost charge is not related to capital costs attributable to projects included in the financial plan for the municipality or the regional district, as the case may be, or , and
(b) by repealing subsection (6) and substituting the following:
(6) After reviewing the report, the inspector may order the transfer of funds from a development cost charge reserve fund under section 935 (1) to a reserve fund established for a capital purpose.
396 Section 937.1 is amended
(a) in subsection (2) by striking out "As a limitation on section 176 (1) (a) and (b) [corporate powers -- agreements] and subject to" and substituting "Subject to",
(b) in subsection (5) by striking out "Sections 629 to 632" and substituting "Sections 212 to 214 of the Community Charter", and
(c) by repealing subsection (10) and substituting the following:
(10) A bylaw that provides for borrowing under subsection (2) (e) is deemed to be a loan authorization bylaw, except that approval of the electors as referred to in section 180 [elector approval required for some loan authorization bylaws] of the Community Charter is not required.
397 Section 939 (6) is repealed and the following substituted:
(6) If the municipality or regional district pays all or part of the costs of excess or extended services, it may recover costs
(a) by a charge under subsection (5) (c),
(b) by a tax imposed in accordance with Division 5 [Local Service Taxes] of Part 7 of the Community Charter, other than section 211 (1) of that Act, or
(c) by fee imposed in accordance with section 363 [imposition of fees and charges] of this Act or section 194 [municipal fees] of the Community Charter.
398 Section 941 (12) is amended by striking out "under Part 13".
399 Section 944 (3) is repealed and the following substituted:
(3) As a limitation on section 176 (1) (e) [corporate powers -- delegation] of this Act or section 154 [delegation of council authority] of the Community Charter, a local government may delegate its powers under subsection (2) only to an approving officer.
400 Section 946.1 is amended
(a) by repealing subsection (1), and
(b) in subsection (2) by adding "or regional district" after "A municipality".
401 Section 946.2 (2) is amended by adding "or regional district" after "municipality" wherever it appears.
402 Section 947 (2) is amended by repealing the definition of "delegate" and substituting the following:
"delegate" means, in relation to a power or duty, a person given authority under section 176 (1) (e) [corporate powers -- delegation] of this Act or section 154 [delegation of council authority] of the Community Charter to exercise that power or duty; .
403 Section 953 is repealed and the following substituted:
953 (1) In addition to the authority under section 176 (1) (g) [corporate powers -- regional district commissions] of this Act or section 143 [municipal commissions] of the Community Charter, a local government may designate an existing organization to act as a community heritage commission.
(2) In relation to an organization designated under subsection (1),
(a) when the organization is acting as a community heritage commission, the organization is deemed to be a commission established under the applicable provision referred to in subsection (1), and
(b) when a member of the organization is acting as a member of a community heritage commission, the member is deemed to be a member of a commission established under the applicable provision referred to in subsection (1).
404 Section 966 (8.1) is repealed and the following substituted:
(8.1) Despite section 135 [requirements for passing bylaws] of the Community Charter, if a public hearing on the matter has been held under subsection (8), the local government may adopt the bylaw under this section at the same meeting at which the bylaw passed third reading.
405 Section 976 (1) (a) is repealed and the following substituted:
(a) property that is subject to a provision under section 810.1 (1) [repayment requirements in relation to regional district heritage exemptions];
(a.1) property that is subject to a provision under section 225 (6) (c) [repayment requirements in relation to tax exemptions] of the Community Charter in relation to heritage property;
406 Section 977 (1) (a) is repealed and the following substituted:
(a) heritage property for which a tax exemption is provided under section 810 [regional district exemptions for heritage properties];
(a.1) heritage property for which a tax exemption is provided under section 225 [municipal exemptions for heritage properties] of the Community Charter by reason of it being heritage property; .
407 Section 978 (1) is repealed and the following substituted:
(1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice
(a) under this Part, or
(b) under section 810 (5) [regional district exemptions for heritage properties] of this Act, or
(c) under section 225 [partnering, heritage, riparian and other special exemption authority] of the Community Charter in relation to heritage property.
408 Section 980 (2) is repealed and the following substituted:
(2) Sections 57 [note against land title that building regulations contravened] and 58 [cancellation of note against land title] of the Community Charter apply for the purposes of this section as though the person making the recommendation under subsection (1) of this section were a building inspector making a recommendation under section 57 (1) of the Community Charter.
409 Section 993 (1) is amended by striking out "the municipal officer assigned responsibility under section 198 [corporate administration]," and substituting "the municipal corporate officer,".
410 Section 995 (2) (a) is amended by striking out "the municipal officer assigned responsibility under section 198 [corporate administration]" and substituting "the municipal corporate officer".
411 Section 996 (1) (a) and (b) is amended by striking out "the municipal officer assigned responsibility under section 198 [corporate administration]" and substituting "the municipal corporate officer".
412 Section 1002 (5) is amended by striking out "the municipal officer assigned responsibility under section 198 [corporate administration]:" and substituting "the municipal corporate officer:".
413 Section 1006 (10) is amended by striking out "the municipal officer assigned responsibility under section 198 [corporate administration]" and substituting "the municipal corporate officer".
414 Section 1009 (5) is repealed and the following substituted:
(5) Payment into court under subsection (4) must be accompanied by a certificate of the municipal corporate officer giving particulars of the person to whom and the land for which the compensation was proposed or awarded, and the district registrar must give that corporate officer a receipt, attached to or endorsed on a copy of the corporate officer's certificate.
415 Section 1011 is amended
(a) in subsection (6) by striking out "as a local improvement under Part 19," and substituting "as a local area service under the Community Charter,", and
(b) by repealing subsection (8) and substituting the following:
(8) A special rate levied under subsection (5) or (6) must be due and payable to the municipality at the same time as other annual municipal rates and taxes, and
(a) Part 7 of the Community Charter, except Division 5 [Local Service Taxes], applies to subsections (5) (a) and (6) (a), and
(b) Division 5 [Local Service Taxes] of Part 7 of the Community Charter applies to subsections (5) (b) and (6) (b).
416 Section 1022 (1) is amended by striking out "The council of a municipality" and substituting "A local government".
417 Section 1024 is repealed and the following substituted:
1024 (1) An appeal lies to the minister from every decision of the inspector
(a) refusing to approval a loan authorization bylaw, or
(b) withholding or refusing a certificate applied for under this Part.
(2) On an appeal under subsection (1), the minister must hear and determine the matter, and may confirm, vary or rescind the decision of the inspector.
(3) The determination on the appeal is conclusive and binding on all parties, including the inspector.
418 The following section is added to Part 29:
1025.1 (1) A person may appeal to the minister if,
(a) in order to provide an outlet for a surface drain, the person must continue the drain into an adjoining parcel of land or across or along a highway, and
(b) the owner of an adjoining parcel or the council refuses to enter into an agreement under which the drain may be continued.
(2) On an appeal under subsection (1), the minister may direct the municipality or regional district, as applicable, to provide the necessary works and may determine by whom the cost of the works must be borne.
419 Section 1027 (4) is amended by adding ", any other local government commission" after "the civic properties commission".
420 Section 1030 (1) is amended
(a) in paragraph (a) by adding "any other local government commissioners," after "the civic properties commissioners,", and
(b) in paragraph (b) by adding ", any other local government commission" after "the civic properties commission".
421 Section 1032 (1) is amended by adding "or the Community Charter" after "Despite this Act".
422 Section 1034 is repealed and the following substituted:
1034 (1) All the powers vested in the council as to a parcel tax roll review panel are vested in the commissioner.
(2) A parcel tax roll for a jurisdiction for which a commissioner has been appointed,
(a) as authenticated by the parcel tax roll review panel or by the commissioner or acting commissioner purporting to sit as the parcel tax roll review panel, and
(b) as further determined and confirmed on appeal from the parcel tax roll review panel,
is deemed to be valid and binding on the jurisdiction and on all persons.
423 Section 1035 (1) is amended by striking out "A complaint to the local court of revision or an appeal to the Supreme Court, as provided under this Act," and substituting "A complaint to the parcel tax roll review panel or an appeal to the Supreme Court, as provided under the Community Charter,".
424 The Supplement to the Local Government Act, R.S.B.C. 1996, c. 323, is repealed.
Local Government Grants Act
425 Section 5 (2) of the Local Government Grants Act, R.S.B.C. 1996, c. 275, is amended by striking out "as defined in the Local Government Act".
Local Government Statutes Amendment Act, 1999
426 Section 149 of the Local Government Statutes Amendment Act, 1999, S.B.C. 1999, c. 37, as that section repeals section 680 of the Local Government Act, is repealed.
Local Government Statutes Amendment Act, 2000
427 Section 72 of the Local Government Statutes Amendment Act, S.B.C. 2000, S.B.C. c. 7, is repealed and the following substituted:
72 The following section is added:
739.1 The Lieutenant Governor in Council may make regulations as follows:
(a) making the provisions of sections 236 [minutes of board meetings], 237 [minutes of board committee meetings] of this Act and Division 3 [Open Meetings] of Part 4 and sections 133 [expulsion from meetings] and 282 (2) (c) [regulations relating to meeting rules] of the Community Charter, as applicable, apply in relation to meetings of
(i) the board of trustees,
(ii) select and standing committees of the board, and
(iii) any other body established by the board;
(b) excluding a body under paragraph (a) (iii) from the application of one or more of the provisions referred to in paragraph (a);
(c) modifying any of the provisions referred to in paragraph (a) in relation to bodies referred to in that paragraph;
(d) making section 237 [minutes of board committee meetings] applicable to meetings referred to in section 741 [annual general meeting] and modifying any of the provisions of section 237 in relation to those meetings.
428 Section 149 (a) is repealed and the following substituted:
(a) by repealing subsection (1) and substituting the following:
(1) A person may apply to a board of variance for an order under subsection (2) if the person considers that compliance with any of the following would cause them hardship:
(a) a bylaw respecting the siting, dimensions or size of a building or other structure;
(b) a subdivision servicing requirement under section 938 (1) (c) in an area zoned for agricultural or industrial use;
(c) the prohibition of a structural alteration or addition under section 911 (5) [non-conforming uses and siting];
(d) a bylaw respecting the siting of a manufactured home in a manufactured home park;
(e) a bylaw under section 8 (3) (c) [fundamental powers -- trees] of the Community Charter, other than a bylaw that has an effect referred to in section 50 (2) [restrictions on authority -- preventing all uses] of that Act if the council has taken action under subsection (3) of that section to compensate or mitigate the hardship that is caused to the person.
(1.1) As a restriction on subsection (1) (a) and (b), a person may not apply under those provisions unless, at least 45 days before making the application under this section, the person has applied for a development variance permit under section 922 in respect of the matter.
Local Services Act
429 Section 2 of the Local Services Act, R.S.B.C. 1996, c. 276, is amended
(a) in subsection (1) by striking out "a city, town, village or district municipality" and substituting "a municipality",
(b) by repealing subsection (1) (j) and substituting the following:
(j) the regulation of business with respect to hours of closing, and in that event the minister may exercise, in respect of the local area, any of the powers exercisable by a council under or in relation to section 8 (6) [fundamental powers -- business] of the Community Charter; ,
(c) in subsection (1) (k) (ii) by striking out "buildings and structures" and substituting "buildings and other structures",
(d) by repealing subsection (2) (b) and substituting the following:
(b) section 796 [general authority for services] of the Local Government Act, as that section applies in relation to the applicable provision referred to in subsection (1), and , and
(e) in subsection (2) (c) by striking out "the following provisions of the Local Government Act:" and substituting "the following provisions of the Local Government Act, as those sections read before the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003 came into force:".
Manufactured Home Act
430 Section 1 of the Manufactured Home Act, R.S.B.C. 1996, c. 280, is amended in the definition of "collector" by adding "the Community Charter," before "the Local Government Act,".
431 Section 34 (1) and (2) is amended by adding "the Community Charter," before "the Local Government Act,".
432 Section 34 (4), as consolidated in section 5 (c) of the Supplement, is amended by adding "the Community Charter," before "the Local Government Act,".
433 Section 36 is amended
(a) in subsections (1), (14) and (17) by striking out "the Local Government Act," and substituting "the Community Charter, Local Government Act,", and
(b) in subsection (16) by striking out "the Local Government Act," and substituting "the Community Charter,".
Manufactured Home Tax Act
434 Section 2 and 3 (2) of the Manufactured Home Tax Act, R.S.B.C. 1996, c. 281, is amended by striking out "Local Government Act," and substituting "Community Charter,".
435 Section 5 (1) is repealed and the following substituted:
(1) The taxes assessed in respect of a manufactured home under section 2 or 3 are recoverable in any manner in which taxes are recoverable under the Community Charter, Local Government Act, Vancouver Charter, School Act or Taxation (Rural Area) Act.
436 Section 7 is repealed and the following substituted:
7 Except if inconsistent with this Act, the Community Charter, Local Government Act, Vancouver Charter, School Act and Taxation (Rural Area) Act, as the case may be, apply to the assessment and taxation of manufactured homes under this Act.
Milk Industry Act
437 Section 1 of the Milk Industry Act, R.S.B.C. 1996, c. 289, is amended by repealing the definition of "municipality".
Ministry of Lands, Parks and Housing Act
438 Section 1 of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is amended by repealing the definition of "municipality".
439 Section 6 (b) is repealed and the following substituted:
(b) with a municipality, regional district or any other person.
440 Section 9 (2) (c) is repealed and the following substituted:
(c) assist municipalities and regional districts to establish parks and to provide outdoor recreation facilities.
Miscellaneous Statutes Amendment Act (No. 2), 2002
441 Section 8 of the Miscellaneous Statutes Amendment Act (No. 2), 2002, S.B.C. 2002, c. 48, as that section amends section 84 (1) of the Greater Nanaimo Water District Act, is amended by adding "the Community Charter," before "the Local Government Act".
442 Section 12, as that section re-enacts section 65 of the Greater Vancouver Sewerage and Drainage Act, is amended by adding "the Community Charter," before "the Local Government Act".
443 Section 14 is repealed and the following substituted:
14 Section 81 (1) and (3) is repealed and the following substituted:
(1) Land, improvements and works owned or held by the Corporation within the area of the district are exempt from taxation under the Community Charter, the Local Government Act, the Taxation (Rural Area) Act or the Vancouver Charter if the land, improvements or works are used for the purposes of the Corporation.
444 Section 46 is repealed.
445 Section 47 (b) is repealed and the following substituted:
(b) in subsection (4) by adding the following paragraph:
(g) land or improvements that
(i) are owned or held by a municipality, regional district or other local authority, and
(ii) the council considers are used for a purpose of the local authority.
Miscellaneous Statutes Amendment Act, 2003
446 Sections 33 to 37 of the Miscellaneous Statutes Amendment Act, 2003, S.B.C. 2003, c. 7, are repealed.
447 Sections 62 to 65 are repealed.
Motor Carrier Act
448 Section 1 of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended by repealing the definition of "municipality".
Motor Vehicle Act
449 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by repealing the definition of "municipality".
450 Section 67 (3) to (5) is repealed and the following substituted:
(3) If the accident occurred in a municipality, the report must be made to a police officer of the municipality, or to the designated person, as soon as possible and in every case within 24 hours after the accident.
(5) If the accident occurred elsewhere than in a municipality, the report must be made to the officer or constable of the Royal Canadian Mounted Police stationed nearest to the place where the accident occurred within 48 hours after the accident.
451 Section 124 (10) is amended by striking out "the municipal officer assigned responsibility under section 198 of the Local Government Act" and substituting "the municipal corporate officer".
452 Section 146 (9) is amended by striking out "section 267 of the Local Government Act," and substituting "section 260 (3) [enforcement powers] of the Community Charter,".
Mountain Resort Associations Act
453 Section 1 of the Mountain Resort Associations Act, R.S.B.C. 1996, c. 320, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" means a municipality as defined in the Community Charter; .
454 Section 3 (3) is repealed and the following substituted:
(3) Section 212 [petition for local area service] of the Community Charter applies to a petition under this section as far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with in that section.
Municipal Aid Act
455 Section 1 of the Municipal Aid Act, R.S.B.C. 1996, c. 324, is amended by repealing the definition of "municipality".
Municipal Finance Authority Act
456 Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended
(a) by repealing the definitions of "loan authorization bylaw" and "municipality", and
(b) by repealing the definitions of "population" and "regional district" and substituting the following:
"population" means population as defined in the Community Charter;
"regional district" includes, except for the purposes of sections 2 and 7,
(a) the Greater Nanaimo Water District,
(b) the Greater Vancouver Water District,
(c) the Greater Vancouver Sewerage and Drainage District, and
(d) a regional hospital district under the Hospital District Act, other than the Greater Vancouver Regional Hospital District,
if a notice of intention has been given under section 25; .
457 Section 11 (1) (a) to (c) is repealed and the following substituted:
(a) borrowing under section 177 [municipal revenue anticipation borrowing] of the Community Charter or section 821 [regional district revenue anticipation borrowing] of the Local Government Act;
(b) financing under section 178 [municipal short term capital borrowing] of the Community Charter or section 822 [regional district short term capital borrowing] of the Local Government Act;
(c) financing under section 181 [municipal temporary borrowing under loan authorization bylaw] of the Community Charter or section 823.2 [regional district temporary borrowing under loan authorization bylaw] of the Local Government Act; .
458 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 175 [municipal liabilities under agreements] of the Community Charter or section 819 [application of Community Charter borrowing and liability provisions] of the Local Government Act, or .
459 Section 14 (16) is repealed and the following substituted:
(16) The inspector of municipalities may require the treasurer to submit a report showing the state of the sinking fund for any debt, which must
(a) include full particulars of financial transactions for each sinking fund account during a specified period, and
(b) indicate the basis of valuation of securities held at the credit of each account.
460 Section 15 is amended
(a) by repealing subsection (2) (a) and substituting the following:
(a) 1/2 the average annual installment of principal and interest in respect of its own borrowing under section 825 [security issuing bylaws] of the Local Government Act, and , and
(b) by repealing subsection (3) (b) and (c) and substituting the following:
(b) each regional district must, without further requirement of bylaw or resolution, secure the balance of its liability to the debt reserve fund under this section by issuing to the authority a non-interest bearing demand note for the balance, bearing the signature of the chair and countersigned by the regional district financial officer or another officer designated by the regional board;
(c) a member municipality of the regional district must, without further requirement of bylaw or resolution, secure the balance of its liability to the regional district by issuing to the regional district a non-interest bearing demand note for the balance, bearing the signature of the mayor and countersigned by the municipal financial officer or another officer designated by the council.
461 Sections 22 and 23 are repealed.
462 Section 26 is amended
(a) in subsection (1) by striking out "treasurer" and substituting "financial officer", and
(b) in subsection (5) by striking out "the Local Government Act or" and substituting "the Local Government Act, the Community Charter or".
463 Section 28 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Division 2 [Audit] of Part 6 of the Community Charter applies to the authority. , and
(b) in subsection (3) by striking out "Secitons 23 and 24 do not apply" and substituting "Section 24 does not apply".
Offence Act
464 Section 29 (2) (b) and (c) of the Offence Act, R.S.B.C. 1996, c. 338, is repealed and the following substituted:
(b) in the case of another municipality, to the mayor or in accordance with section 159 [notice to municipality] of the Community Charter, and
(c) in the case of a regional district, to the chair of the regional district or in accordance with section 6.5 [giving notice to regional districts] of the Local Government Act.
Ombudsman Act
465 Sections 9 and 14 of the Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, are repealed and the following substituted:
9 Boards, committees, commissions or similar bodies established under the Community Charter, the Local Government Act or the Vancouver Charter.
14 A greater board as defined in the Community Charter.
Park (Regional) Act
466 Section 1 of the Park (Regional) Act, R.S.B.C. 1996, c. 345, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" includes an improvement district as defined in the Local Government Act; .
467 Section 3 is repealed and the following substituted:
3 If a regional park district incorporated under section 2 is contained within the boundaries of a regional district and the regional district adopts an establishing bylaw for a regional parks service, the Lieutenant Governor in Council may dissolve the regional park district and transfer any or all of its assets, rights, claims, obligations and liabilities to the regional district.
468 Section 7 is amended by striking out "the Local Government Act," and substituting "the Community Charter,".
469 Section 10 (4) (b) (i) is repealed and the following substituted:
(i) the approval of the electors in each participating area, obtained in accordance with section 823.1 (3) to (5) [participating area approval for some loan authorization bylaws] of the Local Government Act, or .
Pension Benefits Standards Act
470 Section 66 (d) of the Pension Benefits Standards Act, R. S.B.C. 1996, c. 352, is repealed and the following substituted:
(d) in the case of a municipal corporation,
(i) by leaving the document with the municipal corporate officer, or
(ii) by sending the document by registered or certified mail addressed to the municipal corporate officer; .
Personal Property Security Act
471 Section 72 (1) (d) of the Personal Property Security Act, R.S.B.C. 1996, c. 359, is repealed and the following substituted:
(d) a municipal corporation, by leaving it with, or sending it by registered mail addressed to, the municipal corporate officer, .
Pharmacists, Pharmacy Operations and Drug Scheduling Act
472 Section 25 (2) (h) of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363, is repealed and the following substituted:
(h) a municipality, or .
Police Act
473 Section 1 of the Police Act, R.S.B.C. 1996, c. 367, is amended by repealing the definition of "municipality".
474 Section 15 (1) is repealed and the following substituted:
(1) Subject to this section, a municipality with a population of more than 5 000 persons must bear the expenses necessary to generally maintain law and order in the municipality and must provide, in accordance with this Act and the regulations,
(a) policing and law enforcement in the municipality with a police force or police department of sufficient numbers
(i) to adequately enforce municipal bylaws, the criminal law and the laws of British Columbia, and
(ii) to maintain law and order in the municipality,
(b) adequate accommodation, equipment and supplies for
(i) the operations of and use by the police force or police department required under paragraph (a), and
(ii) the detention of persons required to be held in police custody other than on behalf of the government, and
(c) the care and custody of persons held in a place of detention required under paragraph (b) (ii).
475 Section 30 is amended by striking out "section 520 of the Local Government Act and" and substituting "section 15 (1) (c) of this Act or".
Power for Jobs Development Act
476 Section 7 (6) of the Power for Jobs Development Act, S.B.C. 1997, c. 51, is repealed and the following substituted:
(6) If there is any conflict or inconsistency between
(a) an order made under section 6 (1) and (2) for the purposes of section 6 (3), and
(b) either
(i) section 363 [imposition of fees and charges] of the Local Government Act, or any bylaw made under that section, or
(ii) section 194 [municipal fees] or 200 [parcel tax bylaw] of the Community Charter, or any bylaw made under those sections,
the order made under section 6 (1) and (2) prevails.
Private Post-Secondary Education Act
477 Section 7 (1) (b) (ii) of the Private Post-Secondary Education Act, R.S.B.C. 1996, c. 375, is repealed and the following substituted:
(ii) bylaws made under the authority of the Community Charter, the Local Government Act or the Vancouver Charter .
Property Transfer Tax Act
478 Section 14 (3) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended
(a) in paragraph (s) by striking out "the Local Government Act," and substituting "the Community Charter,", and
(b) by repealing paragraph (t) and substituting the following:
(t) a transfer to the government in accordance with a bylaw under section 27 [exchange or other disposal of park land] of the Community Charter or 304 [exchange of park land] of the Local Government Act;
(t.1) a transfer to the government from a municipality for the purposes of exchanging land necessary for improving, widening, straightening, relocating or diverting a highway; .
Railway Act
479 Section 1 of the Railway Act, R.S.B.C. 1996, c. 395, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" means a municipality within the meaning of the Community Charter; .
480 Section 82 (2) is repealed and the following substituted:
(2) A copy of a resolution referred to in subsection (1), certified by the municipal corporate officer, must be deposited with the company.
481 Section 115 is amended
(a) by repealing subsection (3) and substituting the following:
(3) A municipal corporation must not subscribe for shares or incur any debt or liability under this Act, or the special Act, unless and until a bylaw to that effect has been adopted with the approval of the electors obtained in accordance with the Community Charter. , and
(b) in subsection (4) by striking out "the Local Government Act" and substituting "the Community Charter."
Range Act
482 Section 46 (1) (c) of the Range Act, R.S.B.C. 1996, c. 396, is amended by striking out "the local government officer assigned responsibility under section 198 of the Local Government Act," and substituting "the local government corporate officer,".
Resort Municipality of Whistler Act
483 Section 3 of the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407, is repealed and the following substituted:
3 (1) Subject to this Act, the Community Charter and the Local Government Act apply to the municipality unless they are inconsistent with this Act or the regulations.
(2) For the purposes of the Community Charter and the Local Government Act, the municipality is deemed to be a district municipality with all the powers under those Acts.
484 Sections 5 and 6 are repealed and the following substituted:
5 Despite section 118 [size of council] of the Community Charter, the council of the municipality consists of a mayor and 6 councillors, unless this is varied by a regulation under section 10 (1) (b).
6 (1) Section 174 [limit on borrowing and other liabilities] of the Community Charter does not apply to the municipality.
(2) Section 180 [elector approval required for some loan authorization bylaws] of the Community Charter does not apply to the municipality, but the inspector may direct that the council must obtain the approval of the electors respecting a loan authorization bylaw.
(3) Section 211 (1) [requirements for establishing a local area service] of the Community Charter does not apply to the municipality, but the inspector may direct that the council must obtain the assent of the electors or the approval of the electors respecting a bylaw for a local area service.
485 Section 8 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) construction, alteration or extension of a building or other structure, and ,
(b) in subsection (3) by adding "the Community Charter or" before "the Local Government Act,",
(c) by repealing subsection (11) (b) and substituting the following:
(b) in respect of a building permit authorizing the construction, alteration or extension of a building or part of a building that is or will be, after the construction, alteration or extension, exempt from taxation under section 220 (1) (h) [statutory exemptions for places of public worship] or 224 (2) (f) [permissive exemptions in relation to places of public worship] of the Community Charter. , and
(d) by repealing subsection (12) and substituting the following:
(12) Despite a bylaw under subsection (3), if the municipality has imposed a charge or made a requirement under
(a) section 729 or 965 of the Municipal Act, R.S.B.C. 1979, c. 290, before those sections were repealed,
(b) section 194 [municipal fees] of the Community Charter, or
(c) Division 11 [Subdivision and Development Requirements] of Part 26 of the Local Government Act
for park land or for specific works and services outside the boundaries of land being subdivided or developed, that are included in the calculations used to determine the amount of a charge, the amount of the charge imposed or the value of the requirement made under any of the provisions referred to in paragraphs (a) to (c) must be deducted from a charge that is applicable to the types of works and services or the park land for which the charge was imposed or the requirement was made.
School Act
486 Section 1 of the School Act, R.S.B.C. 1996, c. 412, is amended
(a) by repealing the definitions of "local government" and "municipality", and
(b) by repealing paragraph (a) of the definition of "owner" and substituting the following:
(a) with respect to real property in a municipality, an owner as defined in the Community Charter, and .
487 Section 45 (2) (c) is repealed and the following substituted:
(c) a reference to the designated local government officer or to the local government corporate officer is to be read as a reference to the secretary treasurer of the board; .
488 Section 50 (2) is amended by striking out "a local government officer assigned responsibility under section 198 of the Local Government Act" and substituting "a local government corporate officer".
489 Section 54 (1) and (3) is repealed and the following substituted:
(1) Subject to Part 5 and subsection (2), the right of a trustee to hold office may be determined on application to the Supreme Court and, for this purpose, section 111 [application to court for declaration of disqualification] of the Community Charter applies.
(3) As an exception to subsection (2), if fewer than 3 trustees remain in office, section 36 (5) applies to require that the vacant office be filled by election or appointment and section 112 (3) [status of person subject to application] of the Community Charter applies to the person elected or appointed to the vacant office and to the person declared qualified.
490 Section 118 (a) and (b) is repealed and the following substituted:
(a) amounts under the Payments in Lieu of Taxes Act (Canada) from the government of Canada;
(b) amounts from a corporation included in Schedule III or IV of the Payments in Lieu of Taxes Act (Canada); .
491 Section 121 is repealed and the following substituted:
121 If the net taxable values of land and improvements are adjusted, or a supplementary assessment roll is prepared under the Assessment Act in respect of which section 228 (5) [taxation of Crown land used by others] of the Community Charter applies, amounts to be raised by taxation in each school district may be adjusted in the current taxation year or a subsequent taxation year in the manner directed by the Minister of Finance.
492 Section 127 (1) is repealed and the following substituted:
(1) Subject to this Act and the Assessment Act, the following Acts apply to the assessment, levy, collection and recovery of taxes imposed under this Act in a municipality within a school district, and to the addition of penalties and interest on taxes that are in arrears or are delinquent, in the same manner as taxes imposed under those Acts:
(a) Community Charter;
(b) Local Government Act;
(c) Vancouver Charter.
493 Section 128 (3) is amended by adding "the Community Charter," before "the Local Government Act,".
494 Section 129 is amended
(a) by repealing subsection (2) (f) and substituting the following:
(f) exempted from tax by a bylaw under section 224 [general authority for permissive exemptions] of the Community Charter by the council of the municipality in which the property is located. ,
(b) 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 Community Charter or the Local Government Act. ,
(c) in subsection (7) by striking out "section 341 of the Local Government Act" and substituting "section 224 [general authority for permissive exemptions] of the Community Charter", and
(d) by repealing subsection (8) and substituting the following:
(8) Subsection (7) does not apply to fees and charges under the Community Charter or the Local Government Act.
495 Section 131 is amended
(a) in subsection (1) by striking out "the Local Government Act" and substituting "the Community Charter",
(b) by repealing subsection (5) and substituting the following:
(5) Despite subsection (1), property that is exempted under section 225 [partnering and other exemptions] of the Community Charter or 812 [tax exemptions under a partnering agreement] of the Local Government Act in relation to
(a) a partnering agreement under the applicable Act,
(b) a golf course, or
(c) a cemetery,
is not exempt from taxation under this Act unless exempted under subsection (6) or (8) of this section. ,
(c) by repealing subsection (7) (a) and (b) and substituting the following:
(a) provide an exemption for all or part of the property that is exempted under the Community Charter or the Local Government Act,
(b) provide an exemption for all or part of the term of the exemption under the Community Charter or the Local Government Act, and ,
(d) in subsection (8) by striking out "the Local Government Act." and substituting "the Community Charter or the Local Government Act.", and
(e) by adding the following subsection:
(9) Despite subsection (1), property that is exempted under section 226 [revitalization tax exemptions] of the Community Charter is not exempted from taxation under this Act.
Sechelt Indian Government District Enabling Act
496 Section 5 of the Sechelt Indian Government District Enabling Act, R.S.B.C. 1996, c. 416, is amended by repealing paragraphs (a) and (b) and substituting the following:
(a) Community Charter;
(b) Local Government Act;
(c) Taxation (Rural Area) Act.
Tourist Accommodation (Assessment Relief) Act
497 Section 1 of the Tourist Accommodation (Assessment Relief) Act, R.S.B.C. 1996, c. 454, is amended in the definition of "designated Act" by adding "the Community Charter," after "the British Columbia Transit Act,".
University Act
498 Section 54 (1) of the University Act, R.S.B.C. 1996, c. 468, is amended by adding "the Community Charter," before "the Local Government Act,".
University Endowment Land Act
499 Section 12 of the University Endowment Land Act, R.S.B.C. 1996, c. 469, is amended
(a) by repealing subsection (1) (a) to (e) and substituting the following:
(a) respecting development and use of land, buildings and other structures and the conservation of heritage sites including, without limiting this authority, provisions referred to in subsection (2);
(b) respecting building standards and inspection, including any provision that could be made in a regional district bylaw under sections 692 to 698 of the Local Government Act;
(c) respecting fire prevention and suppression, including any provision that could be made in a regional district bylaw under the Local Government Act;
(d) providing for the control, prevention or prohibition of pollution, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and nuisances that disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of persons, including any provision that could be made in a regional district bylaw under section 724 (1) (a) or (b), 725 (1) or 728 of the Local Government Act;
(e) respecting the control of animals, including any provision that could be made in a regional district bylaw under sections 703, 707 or 707.1 of the Local Government Act;
(e.1) providing for the regulation of bicycles by requiring persons who own a bicycle used on a highway to hold a licence for the bicycle; ,
(b) in subsection (2) (d) by adding "other" before "structures", and
(c) by repealing subsection (4) and substituting the following:
(4) Provisions in a bylaw under subsection (1) may
(a) be made applicable to all or part of the University Endowment Land,
(b) may vary as provided in section 12 (1) [variation authority] of the Community Charter,
(c) in addition to any variation authorized by reference to the Local Government Act or the Community Charter, be different for
(i) different parcels or areas of land,
(ii) different buildings or classes of buildings, and
(iii) different structures or classes of structures.
500 Section 14 is repealed and the following substituted:
14 (1) The following provisions of the Local Government Act, as they apply to a bylaw under that Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the board of a regional district:
section 267 [bylaw contraventions];
section 269 [regional district action at defaulter's expense];
section 281 [enforcement by civil proceedings].
(2) The following provisions of the Community Charter, as they apply to a bylaw under that Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the council of a municipality:
section 16 [authority to enter on or in property], other than subsection (6) (c) and (d);
section 57 [note against land title];
section 58 [cancellation of note against land title].
University Foundations Act
501 Section 14 of the University Foundations Act, R.S.B.C. 1996, c. 471, is amended by adding "the Community Charter," before "the Local Government Act,".
Utilities Commission Act
502 Section 121 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended by adding "the Community Charter or" before "the Local Government Act".
Vancouver Charter
503 Section 2.1 of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:
2.1 (1) The following provisions of the Local Government Act apply to the city:
section 23 [transfer of Provincial tax money];
section 92.3 [disqualification list];
Division 3 of Part 20 [Licensing of Commercial Vehicles];
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 related to applications and inspections].
(2) Section 193.1 and Division 3 [Dispute Resolution] of Part 9 of the Community Charter apply to the city.
(3) Despite anything in the Community Charter or the Local Government Act to the contrary, the only provisions of those Acts that apply to the city are the provisions referred to in this Act.
(4) The following Acts apply to the city:
(a) the Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261;
(b) the Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61;
(c) the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44.
504 Section 10 (1) is repealed and the following substituted:
(1) Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in the Council that occurs in any of the following circumstances:
(a) a person elected or appointed to the office under this Part dies before taking office or the person holding the office dies;
(b) the person holding the office resigns under section 142 [resignation from office];
(c) the office is declared vacant on an application under section 115 [application to court], or a candidate affected by such an application renounces claim to the office under subsection (9) of that section;
(d) the office becomes vacant under section 141 [circumstances in which a person is disqualified from office on Council].
505 Section 38 (2) is amended by adding the following paragraph:
(d.1) a person who is disqualified under Division 7 [Disqualification] of Part 4 of the Community Charter; .
506 Section 39 (5) (b) (iii) is amended by striking out "under section 141," and substituting "for a failure to take the oath of office within the time specified by an enactment that applies to the person,".
507 Section 141 is repealed and the following substituted:
141. (1) A person elected or appointed to office on the Council is disqualified from holding that office if any of the following applies:
(a) the person does not make the required oath or affirmation of office within the time established by section 140 (1) [oath of office];
(b) the person is absent from Council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled Council meetings, whichever is the longer time period, unless the absence is because of illness or injury or is with the leave of the Council;
(c) the person is disqualified under any of the following sections:
section 145.3 [restrictions on participation if in conflict];
section 145.4 [restrictions on inside influence];
section 145.5 [restrictions on outside influence];
section 145.7 [restrictions on accepting gifts];
section 145.8 [disclosure of gifts];
section 145.9 [disclosure of contracts];
section 145.91 [restrictions on use of insider information];
(d) the person is disqualified under section 38 (2) [who may hold elected office] or section 66 (2) [who may hold elected office] of the Local Government Act.
(2) A person disqualified under subsection (1) is disqualified from holding office on Council, the council of another municipality, a board of a regional district, or a Park Board under section 485, as follows:
| Applicable provision | Period of disqualification |
| (1) (a) [failure to take oath] | until the next general local election; |
| (1) (b) [unexcused absence] | until the next general local election; |
| (1) (c) [conflict] | until the next general local election; |
| (1) (d) [election disqualifications] | in accordance with Part I of this Act or Part 3 [Electors and Elections] of the Local Government Act. |
508 Sections 142.1 and 142.2 are repealed and the following substituted:
142.1 (1) If it appears that a person is disqualified under section 141 and is continuing to act in office,
(a) 10 or more electors of the city, or
(b) the city,
may apply to the court for an order under this section.
(2) As a restriction, the city may only make an application under subsection (1) if this is approved by a resolution that
(a) is adopted by a vote of at least two-thirds of all Council members, and
(b) identifies the grounds for disqualification under section 141 which the Council considers apply.
(3) Sections 145.2 [disclosure of conflict] and 145.3 [restrictions on participation if in conflict] do not apply to the Council member who is subject to a resolution referred to in subsection (2) of this section in relation to that resolution.
(4) An application under this section may only be made within 45 days after the alleged basis of the disqualification comes to the attention of
(a) any of the electors bringing the application, in the case of an application under subsection (1) (a), or
(b) any member of Council other than the person alleged to be disqualified, in the case of an application under subsection (1) (b).
(5) Within 7 days after the petition commencing an application under this section is filed, it must be served on
(a) the person whose right to hold office is being challenged, and
(b) in the case of an application under subsection (1) (a), the city.
(6) On the hearing of the application, the court may declare
(a) that the person is qualified to hold office,
(b) that the person is disqualified from holding office, or
(c) that the person is disqualified from holding office and that the office is vacant.
142.2 (1) A person who is subject to an application under section 142.1 and who considers that he or she is qualified to hold office may continue to act in office pending the determination of the court respecting the application.
(2) If a person who is declared disqualified from holding office by the 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.
(3) If a declaration of disqualification referred to in subsection (2) is overturned on final appeal and the term of office for which the person was elected has not ended,
(a) the person is entitled to take office for the remainder of the term if otherwise qualified, and
(b) for this purpose, any other person elected or appointed to the office since the declaration of disqualification ceases to hold office at the time the person declared qualified takes office.
142.3 (1) In the case of an application under section 142.1 made by a group of electors, if the court declares that the person challenged is not qualified to hold office, the city must promptly pay the electors' costs within the meaning of the Rules of Court.
(2) The court may order that costs to be paid under subsection (1) may be recovered by the city from the person who was declared disqualified or any other person as directed by the court in the same manner as a judgment of the court.
(3) Except as provided in subsection (1), the costs of an application are in the discretion of the court.
509 Section 145.2 is repealed and the following substituted:
145.2 (1) This section applies to Council members in relation to
(a) Council meetings,
(b) Council committee meetings, and
(c) meetings of any other body referred to in section 165.7 [application of open meeting rules to other city bodies].
(2) If a Council member attending a meeting considers that he or she is not entitled to participate in the discussion of a matter, or to vote on a question in respect of a matter, because the member has
(a) a direct or indirect pecuniary interest in the matter, or
(b) another interest in the matter that constitutes a conflict of interest,
the member must declare this and state in general terms the reason why the member considers this to be the case.
(3) After making a declaration under subsection (2), the Council member must not do anything referred to in section 145.3 (2) [restrictions on participation].
(4) As an exception to subsection (3), if a Council member has made a declaration under subsection (2) and, after receiving legal advice on the issue, determines that he or she was wrong respecting his or her entitlement to participate in respect of the matter, the member may
(a) return to the meeting or attend another meeting of the same body,
(b) withdraw the declaration by stating in general terms the basis on which the member has determined that he or she is entitled to participate, and
(c) after this, participate and vote in relation to the matter.
(5) For certainty, a Council member who makes a statement under subsection (4) remains subject to section 145.3 [restrictions on participation if in conflict].
(6) When a declaration under subsection (2) or a statement under subsection (4) is made,
(a) the person recording the minutes of the meeting must record
(i) the member's declaration or statement,
(ii) the reasons given for it, and
(iii) the time of the member's departure from the meeting room and, if applicable, of the member's return, and
(b) unless a statement is made under subsection (4), the person presiding at that meeting or any following meeting in respect of the matter must ensure that the member is not present at any part of the meeting during which the matter is under consideration.
145.3 (1) This section applies if a Council member has a direct or indirect pecuniary interest in a matter, whether or not the member has made a declaration under section 145.2 (2).
(2) The Council member must not
(a) remain or attend at any part of a meeting referred to in section 145.2 (1) [disclosure of conflict] during which the matter is under consideration,
(b) participate in any discussion of the matter at such a meeting,
(c) vote on a question in respect of the matter at such a meeting, or
(d) attempt in any way, whether before, during or after such a meeting, to influence the voting on any question in respect of the matter.
(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.
145.4 (1) A Council member must not use his or her office to attempt to influence in any way a decision, recommendation or other action to be made or taken
(a) at a meeting referred to in section 145.2 (1) [disclosure of conflict],
(b) by an officer or an employee of the city, or
(c) by a delegate under section 161 [delegation of powers],
if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.
(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.
145.5 (1) In addition to the restriction under section 145.4 [restrictions on inside influence], a Council member must not use his or her office to attempt to influence in any way a decision, recommendation or action to be made or taken by any other person or body, if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.
(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.
145.6 (1) Sections 145.2 to 145.5 [disclosure of conflict; restrictions on participation; inside influence; outside influence] do not apply if one or more of the following circumstances applies:
(a) the pecuniary interest of the Council member is a pecuniary interest in common with electors of the city generally;
(b) in the case of a matter that relates to a local improvement project, the pecuniary interest of the Council member is in common with other persons who are or would be liable for the cost of the local improvement project;
(c) the matter relates to remuneration, expenses or benefits payable to one or more Council members in relation to their duties as Council members;
(d) the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter;
(e) the pecuniary interest is of a nature prescribed by regulation.
(2) Despite sections 145.2 to 145.5 [disclosure of conflict; restrictions on participation; inside influence; outside influence], if a Council member
(a) has a legal right to be heard in respect of a matter or to make representations to Council, and
(b) is restricted by one or more of those sections from exercising that right in relation to the matter,
the Council member may appoint another person as a representative to exercise the member's right on his or her behalf.
145.7 (1) A Council member must not, directly or indirectly, accept a fee, gift or personal benefit that is connected with the member's performance of the duties of office.
(2) Subsection (1) does not apply to
(a) a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office,
(b) compensation authorized by law, or
(c) a lawful contribution made to a member who is a candidate for election conducted under this Act or Part 3 of the Local Government Act.
(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.
145.8 (1) This section applies if
(a) a member receives a gift or personal benefit referred to in section 145.7 (2) (a) that exceeds $250 in value, or
(b) the total value of such gifts and benefits, received directly or indirectly from one source in any 12 month period, exceeds $250.
(2) In the circumstances described in subsection (1), the Council member must file with the City Clerk, as soon as reasonably practicable, a disclosure statement indicating
(a) the nature of the gift or benefit,
(b) its source, including, if it is from a corporation, the full names and addresses of at least 2 individuals who are directors of the corporation,
(c) when it was received, and
(d) the circumstances under which it was given and accepted.
(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.
145.9 (1) If the city enters into a contract in which
(a) a Council member, or
(b) a person who was a Council member at any time during the previous 6 months,
has a direct or indirect pecuniary interest, this must be reported as soon as reasonably practicable at a Council meeting that is open to the public.
(2) In addition to the obligation under section 145.2 [disclosure of conflict], a Council member or former Council member must advise the City Clerk, as soon as reasonably practicable, of any contracts that must be reported under subsection (1) in relation to that person.
(3) A person who contravenes subsection (2) is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.
145.91 (1) A Council member or former Council member must not use information or a record that
(a) was obtained in the performance of the member's office, and
(b) is not available to the general public,
for the purpose of gaining or furthering a direct or indirect pecuniary interest of the Council member or former Council member.
(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 141 (2) [disqualification], unless the contravention was done inadvertently or because of an error in judgment made in good faith.
145.92 (1) If a Council member or former Council member has
(a) contravened any of the requirements of sections 145.2 to 145.91, and
(b) realized financial gain in relation to that contravention,
the city or an elector may apply to the court for an order under this section.
(2) Within 7 days after the petition commencing an application under this section is filed, it must be served on
(a) the Council member or former Council member, and
(b) in the case of an application brought by an elector, the city.
(3) On an application under this section, the court may order the Council member or former Council member to pay to the city an amount equal to all or part of the person's financial gain as specified by the court.
(4) In the case of an application made by an elector, if the court makes an order under subsection (3), the city must promptly pay the elector's costs within the meaning of the Rules of Court.
(5) The court may order that costs to be paid under subsection (4) may be recovered by the city from any other person as directed by the court in the same manner as a judgment of the court.
(6) Except as provided in subsection (4), the costs of an application are in the discretion of the court.
510 Section 146 is repealed and the following substituted:
146. (1) The acts done by a quorum of the Council or other administrative body shall not be held to be invalid by reason of the fact that the Council or administrative body is not at the time composed of the required number of members.
(2) The city may apply to the court for an order under subsection (3) if, as a result of section 145.2 [disclosure of conflict], the number of Council members who may discuss and vote on a matter falls below
(a) the quorum of the Council, or
(b) the number of Council members required to adopt the applicable by-law or resolution.
(3) On an application under subsection (2), the court may
(a) order that all or specified Council members may discuss and vote on the matter, despite sections 145.2 [disclosure of conflict] and 145.3 [restrictions on participation if in conflict], and
(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.
(4) An application under subsection (2) may be made without notice to any other person.
511 Sections 165.1 to 165.6 and 165.8 are repealed and the following substituted:
165.1 (1) A meeting of the Council must be open to the public, except as provided in sections 165.2 to 165.8.
(2) The Council must not vote on the reading or adoption of a by-law when its meeting is closed to the public.
165.2 (1) A part of a Council meeting may be closed to the public if the subject matter being considered relates to or is 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 other employee relations;
(d) the security of the property of the city;
(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the city;
(f) law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;
(g) litigation or potential litigation affecting the city;
(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the city, other than a hearing to be conducted by the Council or a delegate of Council;
(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 [disclosure harmful to business interests of a third party] of the Freedom of Information and Protection of Privacy Act;
(k) negotiations and related discussions respecting the proposed provision of an activity, work or facility that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the city if they were held in public;
(l) a matter that, under another enactment, is such that the public may be excluded from the meeting;
(m) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2);
(n) the consideration of whether the authority under section 165.21 [other persons attending closed meetings] should be exercised in relation to a Council meeting.
(2) A part of a Council meeting must be closed to the public if the subject matter being considered relates to one or more of the following:
(a) a request under the Freedom of Information and Protection of Privacy Act, if the Council is designated as head of the local public body for the purposes of that Act in relation to the matter;
(b) the consideration of information received and held in confidence relating to negotiations between the city and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party;
(c) a matter that is being investigated under the Ombudsman Act, of which the city has been notified under section 14 [ombudsman to notify authority] of that Act;
(d) 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.
165.21 (1) If all or part of a meeting is closed to the public, the Council may allow one or more officers and employees to attend or exclude them from attending, as it considers appropriate.
(2) If all or part of a meeting is closed to the public, the Council may allow a person other than officers and employees to attend,
(a) in the case of a meeting that must be closed under section 165.2 (2), if the Council considers this necessary and the person
(i) already has knowledge of the confidential information, or
(ii) is a lawyer attending to provide legal advice in relation to the matter, and
(b) in other cases, if the Council considers this necessary.
165.3 (1) Before holding a meeting or part of a meeting that is to be closed to the public, the Council must state, by resolution passed in a public meeting,
(a) the fact that the meeting or part is to be closed, and
(b) the basis under the applicable subsection of section 165.2 on which the meeting or part is to be closed.
(2) The minutes of a meeting or part of a meeting that is closed to the public must record the names of all persons in attendance.
165.5 (1) If the person presiding at a Council meeting considers that another person at the meeting is acting improperly, the person presiding may order that the person is expelled from the meeting.
(2) If a person who is expelled does not leave the meeting, a peace officer may enforce the order under subsection (1) as if it were a court order.
165.8 The Lieutenant Governor in Council may make regulations to do one or more of the following:
(a) prescribing a body or class of body for the purposes of section 165.7 (j);
(b) in relation to section 165.7, excluding a specified body from the application of sections 165.1 to 165.5;
(c) modifying any of the provisions of sections 165.1 to 165.5 in relation to a body that is subject to those provisions under section 165.7.
512 The following section is added:
192.1 (1) The city may join with another municipality to exercise a power conferred on the city by this Act.
(2) An agreement under this section is not valid until ratified by a by-law adopted by each council.
(3) For the purpose of this section, the powers of the city extend beyond the boundaries of the city.
513 Section 196A (1) is repealed and the following substituted:
(1) At least once a year, the Council must have prepared a report separately listing for each Council member by name
(a) the total amount of remuneration paid to the Council member under section 196 (1) (a), including any amount specified as an expense allowance,
(b) the total amount of expense payments for the Council member made under section 196 (1) (b) and (c), and
(c) any contracts reported under section 145.9 [disclosure of contracts with Council members and former Council members], including a general description of their nature.
(1.1) If applicable, the report under this section must also list contracts referred to in subsection (1) (c) for each former Council member.
514 Section 221 is repealed and the following substituted:
221. The City Clerk must ensure that an accurate record of all resolutions, transactions, and other business and proceedings of the Council and its committees are prepared, and must safely preserve and keep custody of all such records.
515 Section 279A (1.1) is repealed.
516 Section 311 is amended by adding the following paragraph:
(h.1) authorizing the Fire Chief to exercise some or all of the powers of the fire commissioner under section 25 [emergencies] of the Fire Services Act, and for these purposes that section applies.
517 Section 324.1 is repealed and the following substituted:
324.1 (1) In this section:
"animal control officer" means
(a) an employee, officer or agent designated by the Council as an animal control officer for the purposes of this section, or
(b) a peace officer;
"dangerous dog" means a dog that
(a) has killed or seriously injured a person,
(b) has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or
(c) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person.
(2) In addition to the authority under section 324 but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the animal is a dangerous dog.
(3) Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (b) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of
(a) attempting to prevent a person from committing an unlawful act, or
(b) performing law enforcement work.
(4) An animal control officer may enter a place to exercise the power under subsection (2),
(a) in any case, with the consent of the owner or occupier of the place,
(b) in any case, in accordance with a warrant under subsection (5) or (6), or
(c) if the circumstances referred to in subsection (8) apply, in accordance with that subsection.
(5) If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that there is a dangerous dog in a place, a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.
(6) If
(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and
(b) the officer believes on reasonable grounds that there is a dangerous dog in a place,
the officer may apply for a warrant in accordance with the regulations under subsection (7).
(7) The Lieutenant Governor in Council may make regulations respecting the authority and procedure for warrants under subsection (6).
(8) Subject to subsection (9), an animal control officer may, without a warrant, enter and search any place except a place that is occupied as a private dwelling, and seize a dog, if the officer believes on reasonable grounds that
(a) the dog is a dangerous dog,
(b) the dog presents an imminent danger to the public, and
(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.
(9) For the purposes of subsection (8), an animal control officer who is not a police officer must be accompanied by a police officer.
(10) In addition to any other authority, if an animal control officer has reasonable grounds to believe that a dog is a dangerous dog, the officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.
(11) A dog that has been seized under this section may not be impounded and detained for more than 21 days unless court proceedings for a destruction order are commenced within that time.
(12) Section 324 (b) applies in relation to seizure under this section.
518 Section 486 (5) is repealed and the following substituted:
(5) Sections 141 [circumstances in which a person is disqualified from office on Council], 142.1 [application to court for declaration of disqualification], 142.2 [status of person subject to an application] and 142.3 [costs of an application] apply in relation to members of the Board.
519 The following section is added:
486A. Sections 145.2 to 145.92 apply in relation to members of the Board.
520 Section 573 (1) (f) is repealed and the following substituted:
(f) by any person who, by reason of Part XXIX [Protection of Trees], is
(i) unable to obtain a permit authorizing tree cutting or removal, or
(ii) unable to comply with the requirements of a by-law or permit under that Part.
521 The following Part is added:
Part XXIX -- Protection of Trees
607. (1) The Council may, by by-law applicable to all or part of the city, do one or more of the following:
(a) prohibit the cutting and removal of trees;
(b) regulate the cutting and removal of trees;
(c) prohibit the damaging of trees;
(d) regulate activities that may damage trees;
(e) require the replacement, in accordance with the by-law, of trees that have been cut, removed or damaged in contravention of a by-law under this subsection or a permit referred to in section 608 (1);
(f) require the maintenance of replacement trees required under paragraph (e) or by permit referred to in section 608 (1) and of significant trees identified under section 609;
(g) require specified amounts of cash deposits, letters of credit or other forms of security for the replacement trees under paragraph (e) and their maintenance under paragraph (f);
(h) specify circumstances in which assessments or inspections of trees or sites may be undertaken by the city;
(i) establish exemptions from the application of a by-law under this subsection.
(2) A by-law under this section may be different in relation to one or more of the following:
(a) different areas of the city;
(b) different species of trees;
(c) different classes of trees;
(d) different sizes of trees;
(e) different significant trees identified under section 609.
(3) Interest on security under subsection (1) (g) becomes part of the security.
(4) Security under subsection (1) (g) may be used for the purposes referred to in that subsection, but any amount not required for those purposes must be returned to the person who provided the security.
608. (1) Without limiting the generality of section 607 (1) (b), a by-law under that section may do one or more of the following:
(a) require permits to cut or remove trees;
(b) establish terms and conditions for the granting, refusal and use of these permits, which may include requirements for the replacement of trees that are cut or removed or that are damaged in the course of these actions;
(c) require applicants for these permits to provide plans identifying
(i) the trees proposed to be cut or removed,
(ii) the trees proposed to be retained, and
(iii) the trees proposed to be provided in replacement of the trees that are to be cut or removed;
(d) establish circumstances in which a permit under this section may be cancelled.
(2) A fee for a permit under subsection (1) must not include charges for an assessment or inspection required as a condition of the permit or authorized under section 607 (1) (h) or 612 (1).
609. (1) The Council may, by by-law, identify trees that the Council considers significant because of their importance to the community, including importance for heritage or landmark value or as wildlife habitat.
(2) The Council may provide for the placement of a plaque or other marker indicating a tree identified under subsection (1), subject to the requirement that permission for this be obtained from the owner of the real property on which the marker is placed.
610. (1) The Council may, by by-law, require the owner or occupier of real property to trim, remove or cut down a tree, hedge, bush or shrub on the property if the Council considers that it is
(a) a hazard to the safety of persons,
(b) likely to damage public property, or
(c) seriously inconveniencing the public.
(2) A by-law under section 607 (1) (a) or (b) does not apply to a tree that is subject to a by-law under this section.
611. (1) The Council may take action under this section if a person does not comply
(a) with a requirement of a by-law under section 607 (1) (e) or a permit referred to in section 608 (1) to provide replacement trees, or
(b) with a requirement of a by-law under section 610 to trim, remove or cut down trees, hedges, bushes or shrubs.
(2) In the circumstances described in subsection (1), the Council may serve the person with notice that the city will be entitled to take the required action at the expense of the person given the notice if the person does not take that required action,
(a) in the case of a requirement referred to in subsection (1) (a), within 30 days of service, or
(b) in the case of a requirement referred to in subsection (1) (b), within 5 days of service.
(3) The court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.
(4) If the person given notice does not take the required action within the time period referred to in subsection (2), the city, by its employees or others, may enter onto the real property and effect that action at the expense of the person given notice.
612. (1) In addition to the authority under section 607 (1) (h), the Council may direct that an assessment or inspection of specified trees or sites be undertaken by the city for the purposes of this Part.
(2) The city, by its employees or others, may enter onto real property and make an assessment or inspection authorized under subsection (1) or section 607 (1) (h) or required as a condition of a permit referred to in section 608 (1).
613. (1) If a by-law under section 607 would have the effect on a parcel of land of
(a) preventing all uses permitted under the applicable zoning by-law, or
(b) preventing the development to the density permitted under the applicable zoning by-law,
the by-law does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density.
(2) As an exception to subsection (1), a by-law that has an effect referred to in that subsection applies without limit to a parcel if the Council, by resolution, commits the city to
(a) pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or
(b) provide, by development permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density.
(3) For the purposes of subsection (2) (a), the compensation must be as determined and paid as soon as reasonably possible in an amount set
(a) by agreement between the owner and the city, or
(b) if no agreement is reached, by the Expropriation Compensation Board.
(4) For the purposes of subsection (2) (b), the Council may issue a development permit on its own initiative without an application from the owner.
(5) Except as provided in subsection (2), no compensation is payable to any person for a reduction in the value of any interest in land that results from a by-law under this Part or the issuance or refusal of a permit under this Part.
(6) A by-law or permit under this Part does not apply to land and the trees on it if the land is land to which section 17 of the Forest Land Reserve Act applies.
614. If the Council delegates powers, duties or functions under this Part, the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the Council reconsider the matter.
Vancouver Island Natural Gas Pipeline Act
522 Section 7 (5) of the Vancouver Island Natural Gas Pipeline Act, R.S.B.C. 1996, c. 474, is repealed and the following substituted:
(5) Section 22 [agreements granting exclusive or limited franchises] of the Community Charter applies to the proponent and the local distribution utilities, but a municipality may not set rates or charge fees by means of a franchise agreement under that Act.
Waste Management Act
523 Section 1 (1) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" includes, except in Part 4 [Contaminated Site Remediation],
(a) a regional district,
(b) an improvement district that has as an object
(i) the disposal of sewage or refuse, or
(ii) the provision of a system for the disposal of sewage or refuse or both, and
(c) the Greater Vancouver Sewerage and Drainage District; .
524 Section 18 (9) is repealed and the following substituted:
(9) Despite anything in the Community Charter or the Local Government Act, if a waste management plan
(a) is required under subsection (2) or (3) (a), or
(b) has been approved by the minister under subsection (7),
a bylaw adopted by a municipality for the purpose of preparing the waste management plan referred to in paragraph (a), or implementing the waste management plan referred to in paragraph (b), does not require a petition, the assent of the electors, the approval of the electors or consent on behalf of the electors.
525 Section 25 (1) is amended by striking out "Despite the Local Government Act," and substituting "Despite the Community Charter, the Local Government Act,".
526 Section 28.1 (6) is amended by adding "the Community Charter," before "the Islands Trust Act,".
527 Section 35 (2) is amended by striking out "a member of its council" and substituting "a member of its council, board or other governing body".
Water Act
528 Section 1 of the Water Act, R.S.B.C. 1996, c. 483, is amended by repealing the definition of "municipality" and substituting the following:
"municipality" includes a regional district; .
529 Section 9 is amended
(a) by repealing subsection (1) (c) and substituting the following:
(c) a municipality to make changes in and about a stream. , and
(b) in subsection (2) by striking out "A minister or other person or a municipality" and substituting "A minister, municipality or other person".
530 Section 50 is repealed and the following substituted:
50 When a licence is acquired by an improvement district under section 749 of the Local Government Act or by a municipality under section 31 (2) [expropriation of water licences and related works] of the Community Charter, the comptroller may issue in its place a new licence of similar precedence but authorizing the diversion and use of or storage of water for any purpose required by the improvement district or municipality.
Weed Control Act
531 Section 1 (1) of the Weed Control Act, R.S.B.C. 1996, c. 487, is amended by repealing the definitions of "council" and "municipality" and substituting the following:
"council" means
(a) the council of a municipality, and
(b) the board of a regional district;
"municipality" includes a regional district; .
532 Section 8 (2) is repealed and the following substituted:
(2) On receipt of a certificate referred to in subsection (1), the municipal collector or the Surveyor of Taxes must enter in the tax roll the amount set out in the certificate in respect of the land or improvement referred to in it, and the amount is then deemed for all purposes to be, as applicable,
(a) taxes in arrear of the municipality under the Community Charter, or
(b) delinquent taxes under the Taxation (Rural Area) Act,
and the provisions for collection and recovery of taxes contained in those Acts apply to those amounts.
Wildlife Act
533 Section 68 of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended by adding ", the Community Charter" before "or the Local Government Act".
Workers Compensation Act
534 Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended in the definition of "worker" by repealing paragraph (c) and substituting the following:
(c) a member of a fire brigade or an ambulance driver or attendant working with or without remuneration, when serving
(i) a municipality, a regional district, an urban area, an improvement district, a board of school trustees, a francophone education authority as defined in the School Act, a library board or a parks board, or
(ii) a board or commission having the management or conduct of work or services on behalf of any of the bodies in subparagraph (i); .
Link to Part 3 -- Other Amendments
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