Bill 11 — 2007: Community Services Statutes Amendment Act, 2007

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

SECTION 1: [Community Charter, section 265] corrects an error and makes the section parallel to the equivalent section of the Vancouver Charter as amended by this Bill.

1 Section 265 (2) of the Community Charter, S.B.C. 2003, c. 26, is amended

(a) in paragraph (a) by striking out "notice in served" and substituting "ticket is served", and

(b) in paragraph (b) by striking out "that date" and substituting "the day referred to in paragraph (a)".

SECTION 2: [Community Charter, section 269] makes consequential amendments to reflect the amendments to sections 270 and 271 of the Act by this Bill.

(i) appeared before a justice at the time and place specified in the notice under subsection (2), and

(ii) pleaded guilty to or been found guilty of the offence with which the person was charged, or

(b) is deemed under section 270 or 271 to have pleaded guilty to the offence with which the person was charged,

no conviction need be drawn up or entered unless it is required under the bylaw contravened or by the person convicted or a prosecutor.

SECTION 3: [Community Charter, section 270] provides that a person who fails to appear at a hearing to dispute a ticket is deemed to have pleaded guilty to the offence for which the ticket was issued.

(a) the person is deemed to have pleaded guilty to the offence with which the person was charged, and

(b) the fine amount indicated on the ticket is immediately payable to the municipality. , and

SECTION 4: [Community Charter, section 271] provides that a person who fails to respond to a ticket is deemed to have pleaded guilty to the offence for which the ticket was issued.

(2) If a person is deemed under subsection (1) to have not disputed the charge, section 270 (2) [failure to appear at hearing] applies.

SECTION 5: [Community Charter, section 273] is consequential to the amendments to sections 270 and 271 of the Act by this Bill.

(g) prescribing the form of an affidavit for the purpose of section 272 (4) [time extensions if person not at fault in failing to respond or appear]; .

SECTION 6: [Hotel Room Tax Act, section 1] adds definitions.

6 Section 1 of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207, is amended by adding the following definitions:

"resort body", in relation to a resort area, means a municipality, regional district or entity prescribed for the resort area; .

SECTION 7: [Hotel Room Tax Act, section 2] provides for a purchaser paying to a resort body a tax of 1% to 4% of the purchase price of accommodation in a resort area and provides for a corresponding reduction in the rate of tax payable for Provincial purposes.

(a) in subsection (1) by striking out "purchase of accommodation," and substituting "purchase of accommodation outside a resort area,", and

(3) In addition to the tax payable under subsection (4) and sections 3 and 3.1, a purchaser must, at the time of making a purchase of accommodation in a resort area, pay to the government for the purpose of raising revenue for Provincial purposes a tax in the amount determined by the following formula:

applicable rate = the rate of tax prescribed for the purposes of subsection (4) for the resort area;

(4) In addition to the tax payable under subsection (3) and sections 3 and 3.1, a purchaser must, at the time of making a purchase of accommodation in a resort area, pay to the resort body for the raising of revenue for the purposes set out in the agreement referred to in subsection (8) a tax at the rate prescribed for the resort area on the purchase price of the accommodation.

(b) the boundary of the area corresponds to the boundary of one or more areas in respect of which

(7) A municipality, regional district or entity may be prescribed as a resort body for a resort area only if the following requirements are met:

(a) in the case of a municipality other than a mountain resort municipality or the Resort Municipality of Whistler, the municipality is in the resort area;

(b) in the case of a regional district, all or part of an electoral area in the regional district is in the resort area;

(d) in all cases, an agreement referred to in subsection (8) has been entered into with the municipality, regional district or entity and is in effect.

(8) On behalf of the government, the minister charged with the administration of the Local Government Act may enter into an agreement with a municipality, regional district or entity respecting taxes payable under subsection (4).

SECTION 8: [Hotel Room Tax Act, section 2.1]

in relation to the taxes that may be imposed under the proposed section 2 (4) of the Act, provides for the director receiving the taxes as agent of the resort body for the resort area and paying the taxes received, less any authorized deductions, to the resort body;
prohibits a resort body from spending the money paid to it by the director for purposes other than those purposes set out in an agreement with the government;
requires the resort body to account to the Minister of Community Services for the expenditure of the money paid to it by the director.

Resort area tax arrangements

2.1 (1) The taxes that are imposed under section 2 (4) on the purchase price of accommodation in a resort area and that are remitted to the director as required under this Act

(a) are received by the director as agent of the resort body for the resort area, and

(b) subject to subsections (2) (b) and (3) of this section, must be remitted by the director to that resort body.

(a) charge a resort body a fee to recover the additional costs to the government of collecting and remitting the tax imposed under section 2 (4), and

(b) deduct the fee referred to in paragraph (a) of this subsection from the amount of tax received on behalf of the resort body.

(3) The director may deduct from the amount of tax received on behalf of a resort body any amounts that the director is required, under this Act or any other enactment or as a result of a judgment of a court, to refund to any person.

(4) Despite the Financial Administration Act, any taxes received by the director under subsection (1) must be paid into the consolidated revenue fund.

(5) The director must pay out of the consolidated revenue fund the amount to be remitted to a resort body under subsection (1) (b).

(6) Section 27 (1) (a) of the Financial Administration Act does not apply to the appropriation under subsection (5) of this section.

(a) must not spend any money paid to the resort body under subsection (5) for a purpose other than a purpose set out in the agreement referred to in section 2 (8) between the resort body and the government, and

(b) must account for its expenditure to the minister charged with the administration of the Local Government Act.

SECTION 9: [Hotel Room Tax Act, section 3] makes amendments parallel to amendments made to section 2 of the Act by this Bill.

(a) in subsection (1) by striking out everything after "the purchaser must," and substituting the following:

pay to the municipality, regional district or eligible entity, as the case may be, a tax at the prescribed rate on the purchase price of the accommodation. , and

(7) The taxes that are imposed under subsection (1) on the purchase price of accommodation in a municipality or regional district or in a prescribed area of either or, in relation to an eligible entity, in a prescribed area of British Columbia, and that are remitted to the director as required under this Act are received by the director as agent of the municipality, regional district or eligible entity.

(8) The director may charge a municipality, regional district or eligible entity a fee to recover the additional costs to the government of collecting and remitting the tax imposed under subsection (1).

(9) Despite the Financial Administration Act, any taxes paid under subsection (1) and received by the director must be paid into the consolidated revenue fund.

(10) Section 27 (1) (a) of the Financial Administration Act does not apply to the appropriation under subsection (2) of this section.

SECTION 10: [Hotel Room Tax Act, section 6] specifies for whom the operator is an agent with respect to the taxes imposed under sections 2 (4) and 3 of the Act.

Operator to levy and collect tax

(a) the minister with respect to the tax imposed under sections 2 (1) and (3) and 3.1,

(2) As an agent under subsection (1), the operator must levy and collect the tax imposed by this Act on the purchaser.

SECTION 11: [Hotel Room Tax Act, section 16] authorizes the disclosure of information and records under an arrangement that meets specified criteria.

(i) is between the minister and the minister charged with the administration of the Local Government Act,

(ii) relates to the administration or enforcement of this Act, including, without limitation, the entering into and monitoring of compliance with an agreement referred to in section 2 (8), and

SECTION 12: [Hotel Room Tax Act, section 42] repeals an unnecessary provision.

SECTION 13: [Hotel Room Tax Act, section 43] provides for the making of regulations to prescribe resort areas, the rate of tax and resort bodies.

(l) subject to section 2 (5), prescribing resort areas for the purposes of this Act;

(m) subject to section 2 (6), prescribing the rate of tax on the purchase price of accommodation in a resort area;

SECTION 14: [Local Government Act, section 5] adds a definition.

14 Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following definition:

SECTION 15: [Local Government Act, section 6.8] provides for the designation of an area as a resort region.

Designation of resort regions

6.8 (1) Subject to subsection (2), the Lieutenant Governor in Council may, by regulation, designate an area as a resort region.

SECTION 16: [Local Government Act, section 11]

in the case of an area where persons who are proposed to be incorporated have voted in favour of incorporation, imposes a restriction on the exercise of the minister's power to recommend the incorporation of a mountain resort municipality;
in the case of an area that is not a mountain resort improvement district, authorizes the minister to recommend the incorporation of a new mountain resort municipality in specified circumstances even though a vote of the persons proposed to be incorporated has not been taken;
provides that letters patent for a mountain resort municipality incorporated without a vote may include exceptions from statutory provisions and may appoint or provide for the appointment of the municipal council.

(1.1) The minister may not recommend incorporation of a mountain resort municipality under subsection (1) unless the minister is satisfied that

(a) alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation are offered within the area of the proposed municipality, or

(b) a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area of the proposed municipality.

(2.1) Despite section 8, in the case of an area that is not a mountain resort improvement district, the minister may recommend to the Lieutenant Governor in Council incorporation of the residents of the area into a new mountain resort municipality if the minister is satisfied that a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area. ,

(b) in subsection (3) by striking out "subsection (1) or (2)," and substituting "subsection (1), (2) or (2.1),", and

(3.1) Letters patent under subsection (3) that, on the recommendation of the minister under subsection (2.1), incorporate a mountain resort municipality may do one or more of the following:

(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period;

(d) appoint or provide for the appointment of one or more individuals to be the members of the municipal council of the municipality.

(3.2) For a mountain resort municipality incorporated under subsection (3) on the recommendation of the minister under subsection (2.1), the Lieutenant Governor in Council may, on the recommendation of the minister and by supplementary letters patent, provide for further exceptions, conditions and appointments.

(3.3) Appointments may be made under subsection (3.1) (d) or (3.2) until the general voting day for the first election of members to the municipal council.

SECTION 17: [Local Government Act, section 13]

removes the power to exempt, by letters patent, a mountain resort municipality from the application of sections 174 (2) to (4) and 180 of the Community Charter;
authorizes letters patent to provide that the development cost recovery provisions of the Act that relate to employee housing apply to the mountain resort municipality as if the municipality were in a resort region;
authorizes letters patent to provide for the appointment of one councillor to the municipal council of a mountain resort municipality and to remove the power of a municipal council of a mountain resort municipality to establish its size;
provides that letters patent may require a mountain resort municipality to adopt an official community plan and provide for other matters in relation to that plan;
authorizes letters patent to provide that the development permit area provisions of the Act that relate to resort regions apply to the mountain resort municipality as if the municipality were in a resort region;
provides that letters patent may require a mountain resort municipality to establish or designate a resort advisory committee and consult with the committee;
removes the power, by supplementary letters patent, to apply provisions relating to a mountain resort municipality to a mountain resort area in an existing municipality.

(a) by repealing subsection (3) (a) to (c) and substituting the following:

(a) provide that section 211 (1) (a) to (c) [requirements for establishing a local area service] of the Community Charter does 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;

(b) provide that Division 10 of Part 26 [Development Costs Recovery] applies to the municipality as if the municipality were in a resort region;

(i) for the appointment by the minister of one councillor to the municipal council, despite sections 36, 36.1 and 37 (1) (a) and (c) to (e),

(ii) for the minister to make orders relating to any other matters respecting the appointment of the councillor including, without limitation, providing an exception to or modification of a requirement or condition established by this Act or the regulations,

(iii) that the municipal council or the municipal corporate officer must promptly inform the minister if the councillor appointed by the minister resigns his or her office, and

(iv) that section 118 (3) and (6) [size of council] of the Community Charter does not apply;

(i) require the municipality to adopt an official community plan for the municipality within a specified period,

(ii) require that an official community plan may be adopted, amended or repealed only with the approval of the minister, and

(iii) require that all bylaws that may be adopted, amended or repealed under Part 26 may be adopted, amended or repealed only with the approval of the minister until the municipality has adopted an official community plan;

(e) provide that sections 919.1 (1) (g) and 920 (8) apply to the municipality as if the municipality were in a resort region;

(A) establish, with the approval of the inspector, a resort advisory committee to provide advice and make recommendations to the municipal council;

(B) designate, with the approval of the inspector, an entity as the resort advisory committee to provide advice and make recommendations to the municipal council, and

(ii) consult with the resort advisory committee on matters specified in the letters patent. , and

SECTION 18: [Local Government Act, section 732]

provides that the minister must recommend incorporation of a new mountain resort improvement district before the Lieutenant Governor in Council may incorporate the new mountain resort improvement district;
sets out the criteria that must be met before the minister makes the recommendation to the Lieutenant Governor in Council.

(1) The minister may recommend to the Lieutenant Governor in Council incorporation of a new mountain resort improvement district if

(a) the establishment of the proposed improvement district has been approved by the board of the regional district in which the area of the proposed improvement district is located, and

(i) alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation are offered within the area of the proposed improvement district, or

(ii) a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area of the proposed improvement district.

(1.1) On the recommendation of the minister under subsection (1), the Lieutenant Governor in Council may, by letters patent, incorporate an area of land outside a municipality and comprising 2 or more parcels, whether contiguous or not, and its owners into a mountain resort improvement district, under a name and with objects that appear advisable and with powers considered necessary to carry out those objects.

SECTION 19: [Local Government Act, section 791] is consequential to section 804.11 of the Act added by this Bill.

(d.01) resolutions and bylaws to exclude the determined value of eligible property from the apportionment for an eligible service under section 804.11 [exclusion of property under creditor protection from apportionment]; .

SECTION 20: [Local Government Act, section 804.11] allows a regional district board to annually exclude the value of property that is under creditor protection from the apportionment calculation of one or more regional district services.

Exclusion of property under creditor
protection from apportionment

"determined value" means the value of an eligible property determined by using the valuation basis described in the method of apportionment for the applicable eligible service;

"eligible property" means property located within the service area of an eligible service that is owned or occupied by an insolvent person who is liable for property value taxes or parcel taxes referred to in Division 4.3 [Requisition and Tax Collection] with respect to that property;

"eligible service" means a regional district service with respect to which all or part of the method of apportionment is based on the assessed value, net taxable value or converted value of

(a) who has filed for and been granted protection under the Companies' Creditors Arrangement Act (Canada),

(b) who has filed an assignment or a proposal or a notice of intention to make a proposal under the Bankruptcy and Insolvency Act (Canada) or against whom a bankruptcy order or an order appointing an interim receiver has been made under that Act,

(c) in respect of whom a winding-up order has been made under the Winding-up and Restructuring Act (Canada) based in whole or in part on the person being insolvent, or

(d) who has made an application to the administrator under section 5 of the Farm Debt Mediation Act (Canada) and who has been found by the administrator to be eligible to make that application.

(2) Despite sections 804 and 804.1, the board annually may exclude the determined value of an eligible property from the apportionment for an eligible service.

(3) In order to be effective for the requisition in the current year, the board must make an exclusion referred to in subsection (2) before the requisition in respect of the eligible service for that year is sent to municipalities and the inspector under sections 805 and 806.

SECTION 21: [Local Government Act, section 890] is consequential to sections 905.1 to 905.5, as enacted by this Bill.

(9) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a council may adopt an official community plan or zoning bylaw at the same meeting at which the plan or bylaw passed third reading.

SECTION 22: [Local Government Act, section 901] is consequential to sections 905.1 to 905.5, as enacted by this Bill.

(b.1) deal with a matter that is covered by a phased development agreement under section 905.1 [phased development agreements]; .

SECTION 23: [Local Government Act, sections 905.1 to 905.5] adds provisions to enable local governments to enter into phased development agreements with developers.

Phased development agreements

"developer" means an owner of land who enters into, or who by assignment becomes a party to, a phased development agreement;

"development" means a development on land owned by a developer and described in a phased development agreement;

"phased development agreement" means a phased development agreement under this section;

"specified zoning bylaw provision" means a provision of a zoning bylaw that is specified under subsection (3) of this section for a phased development agreement.

(2) A local government may, by bylaw, enter into a phased development agreement with a developer.

(3) A phased development agreement must identify the land that is being developed and specify the provisions of a zoning bylaw to which subsection (5) applies while the agreement is in effect.

(4) A phased development agreement may include additional terms and conditions agreed to by the local government and the developer, including but not limited to terms and conditions respecting one or more of the following:

(e) subject to section 905.4 (3), minor amendments to the agreement, including a definition of "minor amendment" for the purpose of the agreement;

(g) early termination of the agreement, either automatically in the event that terms and conditions are not met or by mutual agreement.

(5) Subject to subsection (6), if the specified zoning bylaw provisions are amended or repealed while the agreement is in effect, those changes do not apply to the development unless the developer agrees in writing that the changes apply.

(6) The following changes to the specified zoning bylaw provisions apply to the development without the written agreement of the developer:

(a) changes to enable the local government to comply with an enactment of British Columbia or of Canada;

(b) changes to comply with the order of a court or arbitrator or another direction in respect of which the local government has a legal requirement to obey;

(c) changes that, in the opinion of the local government, are necessary to address a hazardous condition of which the local government was unaware at the time it entered into the phased development agreement.

(7) Subject to subsection (8), if a specified zoning bylaw provision is a provision under section 903 (1) (c) (iii) [zoning bylaws], a development permit under section 920 [development permits] that

(b) varies the siting, size or dimensions of uses that are permitted on the land

does not apply to the development unless the developer agrees in writing that the development permit will apply.

(8) Subsection (7) does not apply to a development permit for land designated under section 919.1 (1) (a) to (c) [designation of development permit areas].

(9) For certainty, if a matter included in a phased development agreement is specifically authorized under another section of this Part or Part 27 [Heritage Conservation], the requirements that would apply in relation to that matter under those sections continue to apply.

Term and assignment of phased
development agreement

905.2 (1) Subject to subsection (2), the maximum term for a phased development agreement is 10 years.

(2) With the approval of the inspector, a local government may enter into a phased development agreement for a term not exceeding 20 years.

(3) Subject to subsection (2), a phased development agreement may be renewed or extended, as long as the renewal or extension will not make the agreement effective for a period that could exceed 20 years.

(4) A phased development agreement may not require the local government to renew or extend a phased development agreement or enter into a subsequent phased development agreement for the same development.

(5) The developer may assign a phased development agreement to a subsequent owner of the land identified in the agreement only if

(b) the subsequent owner is a member of a class of persons identified in the agreement, or

Process for phased development agreement bylaw

905.3 (1) Subject to subsections (2) to (4), the local government must hold a public hearing in accordance with Division 4 [Public Hearings on Bylaws] before adopting a bylaw under section 905.1 [phased development agreements].

(2) In addition to the notice requirements of section 892 (2) [notice of public hearing], the notice of the public hearing must include the following:

(b) a general description of the specified zoning bylaw provisions for the phased development agreement;

(d) a general description of the nature of the development that will be the subject of the phased development agreement;

(e) if the phased development agreement provides for the assignment of the agreement to a subsequent owner of the land that is identified in the agreement, the conditions under which the assignment may occur;

(3) Section 890 (4) [waiver of public hearings] does not apply to a public hearing under subsection (1) of this section.

(4) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a local government may adopt a phased development agreement bylaw at the same meeting at which the bylaw passed third reading.

Amendments to phased development agreement

905.4 (1) Subject to subsections (2) to (4), if the local government and the developer agree, a phased development agreement may be amended in accordance with this section.

(2) If the phased development agreement provides for minor amendments, the local government may agree to a minor amendment by resolution.

(3) The following matters may not be dealt with as minor amendments to the phased development agreement:

(4) An amendment to a phased development agreement, other than a minor amendment, must be adopted by bylaw, and sections 905.1 to 905.3 apply to the bylaw.

Information that must be available
for public inspection

905.5 The following must be made available for public inspection at the local government offices during regular office hours:

(c) any agreements, permits, plans or other documents that are incorporated into the phased development agreement, whether directly or by reference.

SECTION 24: [Local Government Act, section 911] is consequential to sections 905.1 to 905.5, as enacted by this Bill.

(8.1) If the use of a building or structure that is on land identified in a phased development agreement under section 905.1 [phased development agreements] complies with a zoning bylaw provision specified under section 905.1 (3) for the phased development agreement, subsection (8) does not apply to the building or other structure while the phased development agreement is in effect, unless

(i) the developer has agreed in writing under section 905.1 (5) that the changes to the zoning bylaw apply, or

(ii) the changes to the zoning bylaw apply under section 905.1 (6) without the written agreement of the developer.

SECTION 25: [Local Government Act, section 919.1] provides for the designation of development permit areas in a resort region for the purpose of establishing objectives for the form and character of development in the resort region.

(g) in relation to an area in a resort region, establishment of objectives for the form and character of development in the resort region.

SECTION 26: [Local Government Act, section 920] further to the amendments to section 919.1 of the Act by this Bill, provides that a development permit may include requirements respecting the character of the development.

26 Section 920 (8) is amended by striking out "(e) or (f)," and substituting "(e), (f) or (g),".

SECTION 27: [Local Government Act, section 922] is consequential to sections 905.1 to 905.5, as enacted by this Bill.

27 Section 922 (2) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

SECTION 28: [Local Government Act, section 933]

authorizes a local government in a resort region to impose development cost charges for the purpose of providing funds to assist in paying the capital costs relating to employee housing that services the operation of resort activities in the resort region;
provides that an exception to the obligation to pay a development cost charge does not apply in relation to a development cost charge imposed for the purpose of providing funds to assist in paying the capital costs relating to employee housing.

(a) in subsection (1) by striking out "subsection (2)," and substituting "subsection (2) or (2.1),", and

(2.1) Development cost charges may be imposed under subsection (1) in a resort region for the purpose of providing funds to assist the local government to pay the capital costs of providing, constructing, altering or expanding employee housing to service, directly or indirectly, the operation of resort activities in the resort region in which the charge is being imposed.

(3.1) Subsection (3) (a) does not apply to a development cost charge imposed under subsection (1) for the purpose referred to in subsection (2.1).

SECTION 29: [Local Government Act, section 935] provides for the use of money in development cost charge reserve funds.

(b.1) to pay the capital costs of providing, constructing, altering or expanding employee housing that relates to servicing, directly or indirectly, the operation of resort activities in the resort region in respect of which the charge was collected; , and

(b) in paragraph (c) by striking out "paragraph (a) or (b)" and substituting "paragraph (a), (b) or (b.1)".

SECTION 30: [Local Government Act, section 937] authorizes the inspector to refuse to grant approval to a bylaw that imposes a development cost charge if the charge does not relate to a resort in the resort region.

30 Section 937 (2) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) in relation to a development cost charge imposed for the purpose referred to in section 933 (2.1), the charge does not relate to resort activities in the resort region.

SECTION 31: [Local Government Act, section 946.2] corrects an error, clarifying that the section applies to regional districts as well as municipalities.

31 Section 946.2 (2) is amended by adding "or regional district" after "municipality" wherever it appears.

SECTION 32: [Local Government Bylaw Notice Enforcement Act, section 1] makes a consequential amendment to reflect the amendments to sections 482.1 to 482.3 of the Vancouver Charter by this Bill.

32 Section 1 of the Local Government Bylaw Notice Enforcement Act, S.B.C. 2003, c. 60, is amended in the definition of "bylaw enforcement officer" by striking out "section 482.3 (b) of the Vancouver Charter" and substituting "section 482.91 (c) of the Vancouver Charter".

SECTION 33: [Mountain Resort Associations Act, title] removes the reference to "Mountain" in the title of the Act.

33 The title of the Mountain Resort Associations Act, R.S.B.C. 1996, c. 320, is repealed and the following substituted:

SECTION 34: [Mountain Resort Associations Act, section 1] replaces the definition of "mountain resort area" with a definition of "resort promotion area".

34 Section 1 is amended by repealing the definition of "mountain resort area" and by adding the following definition:

"resort promotion area" means a resort promotion area established under section 2; .

SECTION 35: [Mountain Resort Associations Act, sections 1 to 5, 7 and 9] replaces references to "mountain resort area" with "resort promotion area".

35 Section 1, in the definition of "resort land", and sections 2 (1), 3 (1) and (5) (a), 4 (1), 5 (2) and (3) (a), 7 (2) and 9 (1) are amended by striking out "mountain resort area" wherever it appears and substituting "resort promotion area".

SECTION 36: [Mountain Resort Associations Act, section 2] sets out the matters with which the minister must be satisfied before making an order establishing a resort promotion area.

(2) Before the minister makes an order under subsection (1), the minister must be satisfied that

(i) alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation are offered within the area;

(iii) the area is within a resort region, as defined in the Local Government Act, and

(i) the council of all the municipalities in which any part of the area is located, and

(ii) the board of all the regional districts in which any part of the area is located, if the part is not in a municipality.

SECTION 37: [Mountain Resort Associations Act, section 3] corrects a reference and removes a reference to "mountain".

(a) in subsection (2) by striking out "mountain resort area" and substituting "resort association", and

SECTION 38: [Mountain Resort Associations Act, section 9] is consequential to the amendments to the title and section 3 (4) of the Act.

(a) by striking out "Mountain Resort Associations Act" and substituting "Resort Associations Act", and

(b) by striking out "Mountain Resort Association" and substituting "Resort Association".

SECTION 39: [Mountain Resort Associations Act, section 10.1] provides for the continuation of associations and areas established before section 10.1 of the Act comes into force.

Associations and areas continued

10.1 (1) An association incorporated under section 3 of this Act before this section comes into force is continued.

(2) A mountain resort area established under this Act before this section comes into force is continued as a resort promotion area.

SECTION 40: [Municipalities Enabling and Validating Act (No. 3), Part 7] validates certain land use decisions made during the period from October 13, 2004 to March 29, 2006 for the part of the Juan de Fuca Electoral Area that used to be the Sooke Electoral Area.

40 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:

Juan de Fuca Electoral Area

21 (1) In this section, "affected area" means the portion of the Juan de Fuca Electoral Area that was included in the Sooke Electoral Area as it existed on September 1, 1999.

(2) All resolutions, bylaws, permits and actions under Part 26 of the Local Government Act adopted, issued or taken by the Capital Regional District in relation to real property in the affected area between October 13, 2004 and March 29, 2006 are conclusively deemed to be valid, to the extent that they would have been valid if the municipal director appointed by the District of Central Saanich had been entitled to vote in relation to those resolutions, bylaws, permits and actions.

(3) All powers, duties and functions exercised or performed in relation to the resolutions, bylaws, permits and actions referred to in subsection (2) are conclusively deemed to have been validly exercised or performed as of the date that they were exercised or performed, to the extent that they would have been valid had this section been in force on the date they were exercised or performed.

(4) This section does not apply to the following bylaws of the Capital Regional District:

(a) Bylaw No. 3229, cited as the "Official Community Plan for Shirley/Jordan River Bylaw No. 1, 2004";

(b) Bylaw No. 3238, cited as the "Official Community Plan for East Sooke Bylaw No. 1, 2004";

(5) This section is deemed to have come into force on October 13, 2004 and is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

SECTION 41: [Vancouver Charter, section 242] makes consequential amendments to reflect the addition of section 300.1 to the Act by this Bill.

41 Section 242 (2) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following paragraph:

(b.1) The design, construction, installation, maintenance and repair of an energy utility system, including all necessary appliances and equipment, and for acquiring real property and easements therefor: .

SECTION 42: [Vancouver Charter, section 277.1] permits one or more members of Vancouver City Council, instead of the full Council, to hear appeals from decisions relating to chauffeurs' permits.

42 Section 277.1 (1) is amended by striking out "section 277" and substituting "section 277 of this Act or under section 36 (7) of the Motor Vehicle Act".

SECTION 43: [Vancouver Charter, section 300.1] authorizes the city to establish and operate an energy utility system.

Establishment and operation of energy utility system

"energy" means light, heat, cold or power distributed or delivered by water, electricity, steam, natural gas or any other agent;

"energy utility system" means a system for the generation, storage, transmission and distribution of energy.

(a) the design, construction, installation, maintenance and repair of an energy utility system, for all or any part of the city, including all necessary appliances and equipment;

(b) acquiring, managing and maintaining real property, inside or outside of the city, and all necessary appliances and equipment for the purposes of an energy utility system.

(a) by by-law, regulating the design, construction, installation, maintenance and repair of an energy utility system, including all necessary appliances and equipment;

(c) by by-law, establishing the terms and conditions on which persons may make use of the energy utility system, which terms and conditions may vary in relation to one or more of the following as established by the Council:

(d) by by-law, requiring all persons to conform to the applicable terms and conditions under paragraph (c);

(e) by by-law, requiring any owner or occupier of any parcel of real property that is capable of being served by the energy utility system to pay a levy to the city for the opportunity to use the system, whether or not they in fact use the system, which levy may vary in relation to one or more of the following as established by the Council:

(f) by by-law, setting charges for use of the energy utility system, which charges may vary in relation to one or more of the following as established by the Council:

(g) by by-law, compelling the payment of levies and charges under paragraphs (e) and (f), including providing that the levy or charge may be inserted in the real-property tax roll with respect to the parcels to which it relates;

(h) entering into contracts with persons with respect to all or part of the energy utility system or the supply of energy, on terms and conditions prescribed by the Council;

(i) by by-law, establishing exemptions from terms and conditions under paragraph (c) or charges under paragraph (f) on the basis that

(ii) payment for the service would place an undue financial hardship on the person or property, or

(iii) there are restrictions or limitations related to the configuration of the real property or access to the real property;

(j) by by-law, delegating to persons authority to do one or more of the following:

(i) enter onto real property, at any reasonable time, for the purpose of installation, maintenance, repair or removal of an energy utility system, including appliances or equipment;

(ii) enter onto real property, at any reasonable time, to inspect the real property and appliances and equipment, and enforce any by-law under this section;

(iv) vary the level and terms of service provided by the energy utility system among classes as defined by by-law under this section.

SECTION 44: [Vancouver Charter, section 333B] makes consequential amendments to reflect the amendments to sections 482.1 to 482.3 of the Act by this Bill.

44 Section 333B (1) (b) is amended by striking out "482.3 of this Act" and substituting "482.91 of this Act".

SECTION 45: [Vancouver Charter, section 396] makes consequential amendments to reflect the addition of section 300.1 to the Act by this Bill.

SECTION 46: [Vancouver Charter, section 409] makes consequential amendments to reflect the addition of section 300.1 to the Act by this Bill.

SECTION 47: [Vancouver Charter, sections 482.1 to 482.91] amends ticketing provisions to parallel those under the Community Charter.

Ticket offences

(a) designate a by-law for the purpose of this section, other than a by-law in relation to a matter prescribed by regulation,

(b) designate as a by-law enforcement officer a person who comes within a class of persons prescribed by regulation, and

(c) authorize the use of any word or expression on a ticket issued under subsection (2) to designate an offence against a by-law.

(2) If a by-law is designated under subsection (1), a by-law enforcement officer may lay an information by means of a ticket for contravention of the by-law.

(3) Despite section 13 (1) of the Offence Act, an information laid by means of a ticket is valid whether or not it is taken under oath.

(a) any word or expression authorized by by-law under subsection (1) (c) to designate an offence against a by-law, or

is deemed sufficient for all purposes to describe the offence designated by that word, expression or general description.

Penalties in relation to ticket offences

482.2 (1) A by-law may establish one or more of the following penalties in relation to an offence that is dealt with under sections 482.1 to 482.91:

(b) in the case of a continuing offence, for each day that the offence continues, a fine not greater than the amount prescribed by regulation.

(2) In addition but subject to subsection (1), the by-law may establish different fine amounts that apply depending on whether the amount

(a) is paid on or before the 30th day from the date on which the ticket is served under section 482.3, or

Laying information and serving ticket

482.3 (1) When laying an information by means of a ticket, a by-law enforcement officer must indicate on the ticket the offence charged and must sign the ticket.

(2) The by-law enforcement officer must serve the ticket on the person alleged to have contravened the by-law.

(a) serving a copy of the ticket on the person alleged to have contravened the by-law immediately after the alleged contravention, or

(b) causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.

(b) the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.

(5) The certificate referred to in subsection (4) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature.

Choice of paying fine or disputing ticket

482.4 (1) If a fine established in accordance with section 482.2 is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,

(a) pay the fine indicated on the ticket to the city in accordance with the prescribed instructions, or

(i) delivering or having delivered to the address set out in the ticket a written notice of dispute, or

(ii) appearing in person at the location set out in the ticket to give notice of dispute.

(2) A notice of dispute under subsection (1) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.

(3) For the purpose of subsection (1), a notice of dispute that is delivered by mail is deemed to have been delivered on the date it was mailed.

Effect of paying fine

482.5 (1) A person who pays a fine in accordance with section 482.4 (1) (a) is deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed.

(2) If a person who is served with a ticket pays the fine as referred to in subsection (1), no conviction need be drawn up or entered unless it is required under the by-law contravened or by the person convicted or a prosecutor.

Hearing of dispute

482.6 (1) If notice of dispute is given in accordance with section 482.4 (1) (b), the Council or Park Board must refer the ticket to the Provincial Court for a hearing.

(2) If a ticket is referred to the Provincial Court under subsection (1), the clerk of the court must send to the person who was served with the ticket, by ordinary mail to the person's address set out in the notice of dispute, a notice of the hearing specifying a time and place for the appearance of the person before a justice.

(3) If a person appears before a justice at the time and place specified in the notice under subsection (2), section 58 of the Offence Act does not apply to the person and the justice has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person.

(4) Despite section 60 of the Offence Act but subject to the Rules of Court, a justice hearing the trial on a ticket may

(a) admit as evidence, whether or not it would be admissible under the laws of evidence, any oral or written testimony or any record or thing that the justice considers is relevant to an issue in the trial and is credible and trustworthy, and

(b) adopt procedures that are conducive to justly and expeditiously determining the matter.

(5) As a restriction, a justice may not admit under subsection (4) (a) anything that is privileged under the laws of evidence.

(i) appeared before a justice at the time and place specified in the notice under subsection (2), and

(ii) pleaded guilty to or been found guilty of the offence with which the person was charged, or

(b) is deemed under section 482.7 or 482.8 to have pleaded guilty to the offence with which the person was charged,

no conviction need be drawn up or entered unless it is required under the by-law contravened or by the person convicted or a prosecutor.

Failure to appear at hearing

482.7 (1) A person is deemed to have not disputed a charge if the person fails to appear before a justice to dispute the charge

(a) at the time and place specified in the notice of the hearing referred to in section 482.6 (2), or

(a) the person is deemed to have pleaded guilty to the offence with which the person was charged, and

(3) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.

Failure to respond to ticket

482.8 (1) A person served with a ticket under section 482.3 is deemed to have not disputed the charge if

(a) the person does not pay the fine or dispute the charge, as provided in section 482.4 (1), and

(2) If a person is deemed under subsection (1) to have not disputed the charge, section 482.7 (2) applies.

(3) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.

Time extensions if person not at fault
in failing to respond or appear

(b) fails to appear before a justice at the time and place specified in the notice under section 482.6 (2),

may apply to a justice for a time extension in the circumstances established by this section.

(2) In the case of a person who did not dispute the charge, the person may only apply if

(a) the person has, through no fault of that person, not had an opportunity to dispute the charge, and

(b) not more than 30 days have passed since the end of the period referred to in section 482.4 (1).

(3) In the case of a person who failed to appear before a justice to dispute the charge, the person may only apply if

(b) not more than 30 days have passed since the date specified in the notice under section 482.6 (2).

(4) The justice to whom the application is made, on being satisfied by affidavit in the prescribed form and with or without hearing from the applicant, that the applicable conditions set out in subsection (2) or (3) have been met may

(b) in the case of a person who did not dispute the charge, allow the person 14 days after the date the conviction is struck to dispute the charge in accordance with section 482.4 (1), and

(c) in the case of a person who failed to appear to dispute the charge, set a new time and place for the appearance of the person before a justice.

(5) If a conviction is struck out under subsection (4), the justice must give the person a certificate of the fact in the prescribed form.

Regulations in relation to ticket offences

(a) prescribing the form and content of the tickets issued under sections 482.1 to 482.9;

(e) prescribing the form of a certificate of service for the purpose of section 482.3 (4);

(f) prescribing instructions for paying a fine for the purpose of section 482.4 (1) (a);

Transitional Provisions

SECTION 48: [Transitional — retroactive regulations under the Hotel Room Tax Act and the Local Government Act] authorizes the making of regulations under specified provisions retroactive to July 1, 2006 or a later date, if those regulations are made before April 1, 2007.

Transitional — retroactive regulations under the
Hotel Room Tax Act and the Local Government Act

48 If made before April 1, 2007, regulations under section 43 (2) (l) to (n) of the Hotel Room Tax Act or section 6.8 of the Local Government Act may be made retroactive to July 1, 2006 or a later date, and if made retroactive are deemed to have come into force on the specified date.

SECTION 49: [Transitional — taxes payable under the Hotel Room Tax Act in a resort area] if a regulation referred to in the section is made, provides that money paid and accepted as full payment of the tax payable under section 2 of the Hotel Room Tax Act is to be applied to the taxes payable under section 2 (3) and (4) of that Act in relation to the purchase of accommodation in a resort area.

Transitional — taxes payable under the
Hotel Room Tax Act in a resort area

(2) If, in relation to a resort area, a regulation is made under section 43 (2) (l) to (n) of the Act retroactive to a specified date, any money paid to and accepted by the government as full payment of the tax payable under section 2 of the Act on the purchase of accommodation in the resort area on or after the specified date and before the date the regulation is deposited under the Regulations Act, whether or not that money was voluntarily paid, must be applied against the taxes payable under section 2 (3) and (4) of the Act in relation to the purchase of accommodation in that resort area.

(3) For the purpose of subsection (2), the money paid by the purchaser to the government

(a) is conclusively deemed to have been owing to the government or the resort body under section 2 (3) and (4) of the Act as that section read at the time of payment,

(b) is conclusively deemed to have been validly collected on behalf of the government and the resort body, and

(c) is conclusively deemed to be payment in full of the taxes payable under section 2 (3) and (4) of the Act as that section read at the time of payment.

SECTION 50: [Transitional — ticketing for bylaw offences] provides transitional rules for tickets served before the provisions of this Bill come into force.

Transitional — ticketing for bylaw offences

50 (1) Sections 270 (2) [failure to appear at hearing] and 271 (2) and (3) [failure to respond to ticket] of the Community Charter, as those sections read on the day before sections 3 and 4 of this Act come into force, continue to apply with respect to a ticket that is served under section 266 [laying information and serving ticket] of the Community Charter before sections 3 and 4 of this Act come into force.

(2) Sections 482.1 to 482.3 of the Vancouver Charter, as those sections read on the day before section 47 of this Act comes into force, continue to apply with respect to a ticket that is served under section 482.1 of the Vancouver Charter before section 47 of this Act comes into force.

Commencement

51 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes