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

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

HONOURABLE JENNY KWAN
MINISTER OF MUNICIPAL AFFAIRS

BILL 88 – 1999

LOCAL GOVERNMENT STATUTES
AMENDMENT ACT, 1999

 
Explanatory Notes

SECTION 1: [Municipal Act, repeals and replaces section 2 (b)] is consequential to the proposed definition of "services".

SECTION 2: [Municipal Act, amends section 3] clarifies that specific authorities provided to local governments by the Act are not to be read as limiting general authorities provided by the Act.

SECTION 3: [Municipal Act, amends section 5] amends, replaces and adds definitions consequential to the other amendments made by this Bill.

SECTION 4: [Municipal Act, amends section 5] repeals and adds definitions consequential to the other amendments made by this Bill.

SECTION 5: [Municipal Act, amends section 5] makes a consequential cross reference change.

SECTION 6: [Municipal Act, adds section 6.6 (3) (b.1)] is consequential to moving the described term into the general definition section of the Act.

SECTION 7: [Municipal Act, repeals section 10 (4)] removes a reference to village bylaws that is no longer applicable after the reenactment of section 259 by the Local Government Statutes Amendment Act (No. 2), 1997.

SECTION 8: [Municipal Act, repeals and replaces section 13 (3) (a)] makes consequential cross reference changes.

SECTION 9: [Municipal Act, amends section 33] adds definitions for the purpose of the proposed amendments relating to Division 8 [Campaign Financing] of Part 3 [Elections].

SECTION 10: [Municipal Act, repeals and replaces section 37 (1) (c)] adds a reference to the proposed provision respecting disqualification for failure to file a disclosure statement.

SECTION 11: [Municipal Act, amends section 39 (1)] makes a consequential cross reference change.

SECTION 12: [Municipal Act, repeals and replaces section 46 (2) (b)] clarifies that the chief election officer has authority to order persons to leave if they are interfering with the conduct of voting proceedings by being in the immediate vicinity of a voting place.

SECTION 13: [Municipal Act, repeals and replaces section 53 (1) (a)] adds a reference to the proposed section 57.1.

SECTION 14: [Municipal Act, re-enacts section 54] removes a requirement for ministerial approval of bylaws under this section.

SECTION 15: [Municipal Act, re-enacts section 57 and enacts section 57.1] parallels the Election Act provisions respecting proof of eligibility when registering as an elector immediately before voting.

SECTION 16: [Municipal Act, amends section 58 (1) to (3)] allows property elector certificates to be obtained up to and including on general voting day.

SECTION 17: [Municipal Act, repeals and replaces section 61 (5) (a)] adds a reference to the proposed section 57.1.

SECTION 18: [Municipal Act, repeals and replaces section 62 (6)] adds a requirement that the election notice respecting the list of registered electors include a statement that electors can request their personal information be obscured or omitted from the list that is available for public inspection.

SECTION 19: [Municipal Act, re-enacts section 63] requires personal information on a list of registered electors to be omitted or obscured if requested by an elector.

SECTION 20: [Municipal Act, repeals and replaces section 66 (2) (d)] makes consequential cross reference changes.

SECTION 21: [Municipal Act, repeals and replaces section 72 (2) (b)] requires candidates to provide a declaration on oath or by solemn affirmation as to the truthfulness of the information provided in their nomination documents.

SECTION 22: [Municipal Act, enacts section 72.1] allows local governments to establish a requirement for nomination deposits.

SECTION 23: [Municipal Act, amends section 73]

• adds a reference to the proposed section 72.1, and
• requires the chief election officer to check the disqualification list under section 92.3 to determine whether a nominee is disqualified from holding local government office.

SECTION 24: [Municipal Act, amends section 75] requires the chief election officer to challenge a candidate's nomination if it appears that the person is disqualified from holding office.

SECTION 25: [Municipal Act, adds section 77 (2) (c.1) and (c.2)] requires the notice of an election to include information respecting registration as an elector in conjunction with voting.

SECTION 26: [Municipal Act, amends section 83]

• repeals a definition that is moved to section 33,
• clarifies that amounts provided by a candidate are to be included as campaign contributions, and
• adds definitions for the purposes of the proposed amendments respecting reporting of campaign financing.

SECTION 27: [Municipal Act, adds section 84 (1) (a.1)] includes the seeking of elector organization endorsement as part of a local government election campaign.

SECTION 28: [Municipal Act, amends section 85 (3)] clarifies that elector organizations which endorse candidates must have a person appointed as financial agent.

SECTION 29: [Municipal Act, enacts section 85.1] requires campaign funds to be dealt with through separate accounts.

SECTION 30: [Municipal Act, re-enacts section 88]

• requires campaign contributions to be recorded by class, and
• changes the current retention time for holding financial records.

SECTION 31: [Municipal Act, enacts section 89.1] requires candidates to pay any election surplus of $500 or more to the applicable municipality or regional district, which is to hold the amount for use by the person in the next general local election.

SECTION 32: [Municipal Act, re-enacts sections 90 to 93 and enacts sections 90.1, 90.2 and 92.1 to 92.5] in relation to the campaign financing provisions of the Act:

• establishes more specific requirements respecting disclosure statements and supplementary reports respecting campaign financing by candidates;
• allows candidates and elector organizations to apply to court for relief from filing obligations;
• clarifies disqualification rules respecting the failure to file a required disclosure statement or the filing of false reports;
• requires public notice of any failure to file a disclosure report;
• requires the Inspector of Municipalities to maintain a list of persons subject to disqualification.

SECTION 33: [Municipal Act, repeals and replaces section 97 (6)] requires the notice of an advance voting opportunity to include information respecting registration as an elector in conjunction with voting.

SECTION 34: [Municipal Act, repeals and replaces section 102 (3) and (4)] removes a requirement for ministerial approval of bylaws respecting the use of voting machines, unless the bylaw intends to go beyond procedural matters.

SECTION 35: [Municipal Act, amends section 103] removes the requirement that municipalities with a population greater than 100 000 must establish voting divisions.

SECTION 36: [Municipal Act, repeals and replaces section 115 (1) (a)] adds a reference to the proposed section 57.1.

SECTION 37: [Municipal Act, repeals and replaces section 147 (2)] clarifies the application of this rule.

SECTION 38: [Municipal Act, enacts section 152.1] prohibits certain election advertising on general voting day for local government elections.

SECTION 39: [Municipal Act, repeals and replaces section 153 (5)] is consequential to the proposed amendments to the campaign financing provisions.

SECTION 40: [Municipal Act, enacts section 153.1] adds provisions respecting persons who may be prosecuted for offences under Part 3 [Elections] of the Act.

SECTION 41: [Municipal Act, amends section 154]

• makes it an offence to contravene the proposed section 152.1, and
• provides an express defence of due diligence in relation to offences under Part 3 [Elections] of the Act.

SECTION 42: [Municipal Act, amends section 156 (2)]

• adds authority to make regulations in relation to the referenced sections, and
• corrects an unintended punctuation change made in the 1996 statute revision.

SECTION 43: [Municipal Act, adds section 158 (3)] clarifies the application of the proposed section 152.1 to advertising related to municipal referendums.

SECTION 44: [Municipal Act, repeals and replaces section 162 (2)] clarifies the application of this provision when there has been a counter petition process.

SECTION 45: [Municipal Act, amends section 171 (2) (f)] corrects a cross reference error.

SECTION 46: [Municipal Act, repeals and replaces section 176 (1) (a)] is consequential to the proposed definition of "services".

SECTION 47: [Municipal Act, adds section 177 (4)] adds a requirement that the described notices indicate that relevant documents are available for public inspection.

SECTION 48: [Municipal Act, enacts section 183.1] continues the effect of the current section 256 (2).

SECTION 49: [Municipal Act, adds section 187 (2)] adds a requirement that, if municipal land is leased or sold other than by way of public disposition, the public notice of the proposed disposition must include who is to acquire the land.

SECTION 50: [Municipal Act, repeals and replaces section 189 (4)] makes a consequential cross reference change.

SECTION 51: [Municipal Act, repeals and replaces section 190 (3)] adds disclosure requirements respecting operating agreements for sewer and water services.

SECTION 52: [Municipal Act, repeals and replaces section 191 (1) (c)] is consequential to the proposed section 331.2 [audit committee] of the Act.

SECTION 53: [Municipal Act, repeals and replaces section 196 (1)] clarifies that a local government must establish officer positions for corporate and financial administration.

SECTION 54: [Municipal Act, repeals and replaces section 199 (d)] makes a consequential cross reference change.

SECTION 55: [Municipal Act, repeals sections 215 to 217]

• by the repeal of section 215, removes restrictions on amounts that may be paid to council members;
• by the repeal of section 216, removes a reporting requirement the effect of which is moved to the proposed Part 9 [Financial Management];
• by the repeal of section 217, removes restrictions on benefits for council members.

SECTION 56: [Municipal Act, re-enacts section 222 and enacts section 222.1]

• adds an express requirement respecting regular meetings of council, and
• authorizes "electronic" meetings.

SECTION 57: [Municipal Act, repeals sections 225 and 226] is consequential to moving the effect of these provisions to the proposed Division 4.1 of Part 5.2 respecting public access to council meetings.

SECTION 58: [Municipal Act, amends section 231] clarifies the application of these conflict of interest rules.

SECTION 59: [Municipal Act, re-enacts sections 235 to 238] clarifies, modernizes and expands these provisions respecting local government meeting procedures.

SECTION 60: [Municipal Act, repeals and replaces section 242 (4), (5) and (7)] requires the municipal council to provide counter petition forms, as is currently the case for regional district counter petitions.

SECTION 61: [Municipal Act, enacts Division 4.1 of Part 5.2] establishes requirements respecting public access to proceedings of municipal councils and other municipal bodies.

SECTION 62: [Municipal Act, amends section 251 (2) (c)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 63: [Municipal Act, repeals sections 252 and 253] repeals provisions the effect of which is moved to a more appropriate location in Part 19 [Local Improvements and Specified Areas] of the Act.

SECTION 64: [Municipal Act, repeals Division 6 of Part 5.2] repeals this Division respecting special municipal expenditure powers, moving the effect of provisions that need continuation to more appropriate locations in the Act.

SECTION 65: [Municipal Act, repeals section 259.3 (2) and (3)] is consequential to the proposed general authority under section 363 [imposition of fees and charges].

SECTION 66: [Municipal Act, amends section 262 (3) (a)] removes an unnecessary cross reference.

SECTION 67: [Municipal Act, re-enacts section 269] is consequential to the proposed section 376 [special fees and charges that may be collected as taxes].

SECTION 68: [Municipal Act, repeals section 270] is consequential to the proposed general authority under Part 9 [Financial Management] of the Act.

SECTION 69: [Municipal Act, amends section 280.4 (1)] corrects a grammatical error.

SECTION 70: [Municipal Act, enacts section 287.2] moves this provision to a more appropriate location from its current placement in section 255.

SECTION 71: [Municipal Act, adds section 290 (3)] moves this provision from its current placement in section 694.

SECTION 72: [Municipal Act, repeals and replaces section 295 (2)] makes a cross reference change consequential to the proposed Part 11 [Tax Collection].

SECTION 73: [Municipal Act, enacts section 301.2] in relation to the proposed Part 15 [Municipal Services] moves this provision from its current location in section 556 to a more appropriate placement.

SECTION 74: [Municipal Act, repeals and replaces section 304 (1) (a)] makes a consequential cross reference change.

SECTION 75: [Municipal Act, enacts sections 305.1 and 305.2] moves the effect of these provisions from their current location in sections 613 and 614 to a more appropriate location in the Part respecting special municipal authority in relation to property.

SECTION 76: [Municipal Act, adds section 309 (1.1)] provides general expropriation authority in relation to services provided by a municipality to areas outside the municipality.

SECTION 77: [Municipal Act, enacts section 309.1] establishes a general authority parallel to the general authority provided to regional districts under section 796 of the Act.

SECTION 78: [Municipal Act, re-enacts section 313]

• makes changes consequential to the proposed Part 9 [Financial Management], and
• moves the effect of the current subsection (3) to the proposed section 335.1 [counter petition opportunity required for borrowings].

SECTION 79: [Municipal Act, re-enacts Part 9] establishes a new framework for municipal financial management. The Part will:

• require municipalities to annually adopt 5-year financial plans setting out their anticipated expenditures and funding sources;
• establish standards for preparation of municipal annual financial statements and the process and reporting requirements for those financial statements;
• require municipalities to present their annual financial statements and reports respecting council member remuneration at a public meeting;
• provide a process for electors to complain about the financial affairs of a municipality;
• provide broader authority for expenditures and liabilities while establishing limits and procedural requirements in relation to these;
• establishes restrictions on the use of municipal money and provides penalties in relation to misuse of municipal funds.

SECTION 80: [Municipal Act, amends section 339 (1) (d)] makes a consequential cross reference change.

SECTION 81: [Municipal Act, repeals and replaces section 340 (5) to (7)] makes cross reference changes consequential to the proposed Part 9 [Financial Management] and Part 11 [Tax Collection].

SECTION 82: [Municipal Act, amends section 341 (1)] makes a consequential cross reference change.

SECTION 83: [Municipal Act, amends section 342 (2) (a) and (b)] makes consequential cross reference changes.

SECTION 84: [Municipal Act, amends section 343 (2) (b)] makes a consequential cross reference change.

SECTION 85: [Municipal Act, amends section 343.1 (2) (a)] makes a consequential cross reference change.

SECTION 86: [Municipal Act, amends section 343.2 (2) (b)] makes a consequential cross reference change.

SECTION 87: [Municipal Act, repeals section 344 (3)] is consequential to the removal of authority for municipal business taxes.

SECTION 88: [Municipal Act, repeals and replaces section 344.1 (1)] makes a consequential cross reference change.

SECTION 89: [Municipal Act, amends section 345 (1)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 90: [Municipal Act, amends section 346 (1)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 91: [Municipal Act, amends section 348 (1)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 92: [Municipal Act, amends section 349 (3) (a)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 93: [Municipal Act, amends section 352 (1) and (2)] makes consequential cross reference changes.

SECTION 94: [Municipal Act, repeals and replaces section 353 (4) and (5) and adds subsections (6) to (8)] makes a consequential cross reference change and clarifies the purpose of the provisions.

SECTION 95: [Municipal Act, repeals section 354] repeals this provision as a consequence of moving most of its contents to section 353.

SECTION 96: [Municipal Act, repeals and replaces section 356 (2) (d) and (5) (b)] makes changes consequential to the proposed Part 10.1 [Taxes, Fees and Charges] and the repeal of Part 17 [Utilities].

SECTION 97: [Municipal Act, repeals Division 5 of Part 10] repeals the provisions respecting municipal assessment rolls as a consequence of the proposed Part 11.

SECTION 98: [Municipal Act, enacts Part 10.1] establishes a modernized framework for municipal revenue sources, including

authorizing the use of parcel taxes in relation to any municipal service,

authorizing the use of fees and charges to recover the costs of any municipal service or regulatory scheme, and

streamlining the process by which the parcel tax assessment roll is authenticated.

SECTION 99: [Municipal Act, repeals and replaces the heading for Part 11] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 100: [Municipal Act, amends Divisions 1 to 6 of Part 11] establishes a modernized framework for municipal property tax collection, including

• a general tax collection scheme, with a property tax due date of July 2 and penalties and interest prescribed by regulation;
• an alternative municipal tax collection scheme with one or more due dates and penalties, interest and discounts established by the municipality, and
• authority for individual taxpayers to choose which scheme to use in making tax payments.

SECTION 101: [Municipal Act, repeals and replaces section 397 (1) and (3)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 102: [Municipal Act, repeals and replaces section 402 (6) and (7)] removes a reference to the property tax roll as a consequence of the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 103: [Municipal Act, repeals and replaces section 411 (5)] removes a reference to the property tax roll as a consequence of the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 104: [Municipal Act, amends section 423 (1) and (2)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 105: [Municipal Act, repeals Divisions 9 and 10 of Part 11] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 106: [Municipal Act, repeals Part 12] is consequential to the proposed Part 9 [Financial Management].

SECTION 107: [Municipal Act, repeals section 481] is consequential to the proposed Part 9 [Financial Management].

SECTION 108: [Municipal Act, re-enacts section 483 and repeals section 484] is consequential to moving the general investment authority to the proposed Part 9 [Financial Management].

SECTION 109: [Municipal Act, amends section 487 (3)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 110: [Municipal Act, amends section 488 (1) and (2)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 111: [Municipal Act, amends section 494 (3) and (4)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 112: [Municipal Act, repeals and replaces section 496 (4)] corrects a statute revision error that did not exclude the application of this provision to subsection (1) (c) of the section.

SECTION 113: [Municipal Act, amends section 497] removes unnecessary references to municipal utilities.

SECTION 114: [Municipal Act, repeals and replaces section 498 (3)] makes a consequential cross reference change.

SECTION 115: [Municipal Act, repeals and replaces section 499 (4) (a) and (b)] is consequential to the proposed Part 9 [Financial Management]

SECTION 116: [Municipal Act, repeals section 503] is consequential to the proposed Part 9 [Financial Management].

SECTION 117: [Municipal Act, repeals sections 505 and 506] repeals provisions the effect of which is included in the proposed Part 9 [Financial Management].

SECTION 118: [Municipal Act, repeals Part 14] repeals provisions respecting accounting and audit which are replaced in their effect by the proposed Part 9 [Financial Management].

SECTION 119: [Municipal Act, re-enacts Part 15 and repeals Part 16] replaces much of the current Parts 15, 16, 17 and 18 with broad enabling authority for the establishment, operation and regulation of services considered necessary or advisable by a municipal council, allowing municipalities to provide services under terms and conditions that meet the unique needs of their communities.

SECTION 120: [Municipal Act, repeals Divisions 1 and 2 of Part 17] repeals these Divisions relating to utilities, which are replaced by the proposed Part 15 [Municipal Services].

SECTION 121: [Municipal Act, repeals Division 1 of Part 18] repeals this Division relating to parks and community use property, which is replaced by the proposed Part 15 [Municipal Services].

SECTION 122: [Municipal Act, amends section 615 (2)] makes a consequential cross reference change.

SECTION 123: [Municipal Act, amends section 616 (1)] removes a restriction on the classes of municipality and adds a description consequential to the repeal of section 717.

SECTION 124: [Municipal Act, amends section 617 (2) and (3)] removes references to specific fee authorities that are replaced by a general authority under the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 125: [Municipal Act, repeals and replaces section 618 (1) (d)] is consequential to the proposed Part 9 [Financial Management].

SECTION 126: [Municipal Act, amends section 620] is consequential to the proposed definition of "service".

SECTION 127: [Municipal Act, re-enacts section 621] makes reference changes consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 128: [Municipal Act, amends section 624 (4)] removes a reference to frontage tax consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 129: [Municipal Act, amends section 625] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 130: [Municipal Act, repeals and replaces section 629 (4) (a)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 131: [Municipal Act, amends section 631 (3) (b)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 132: [Municipal Act, repeals and replaces section 632 (3)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 133: [Municipal Act, amends section 634] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 134: [Municipal Act, amends section 635 (3)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 135: [Municipal Act, re-enacts section 637] is consequential to the proposed Part 9 [Financial Management].

SECTION 136: [Municipal Act, re-enacts section 638] is consequential to the proposed Part 9 [Financial Management].

SECTION 137: [Municipal Act, repeals and replaces section 639 (2)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 138: [Municipal Act, re-enacts section 640] makes reference changes consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 139: [Municipal Act, re-enacts section 646] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 140: [Municipal Act, adds section 648 (1.1)] moves this provision to a more appropriate location in the section to which it relates.

SECTION 141: [Municipal Act, amends section 648] makes reference changes as a consequence of the proposed definition of "service" and the proposed Part 9 [Financial Management].

SECTION 142: [Municipal Act, amends section 649 (2)] makes a consequential cross reference change.

SECTION 143: [Municipal Act, amends section 650] makes consequential cross reference changes and a change consequential to the proposed definition of "service".

SECTION 144: [Municipal Act, enacts section 650.1] moves the effect of this proposed provision from its current place at section 611 of the Act.

SECTION 145: [Municipal Act, re-enacts section 651] makes a consequential cross reference change.

SECTION 146: [Municipal Act, enacts Division 3 of Part 19]

• moves these provisions to a more appropriate location from their current location in sections 252 and 253, and
• makes changes consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 147: [Municipal Act, re-enacts Part 20] provides broader authority for municipalities to regulate businesses, business activities and persons engaged in business, including

• providing greater authority respecting business licences, including adding power to set licence periods and to impose terms and conditions on licences,
• allowing different rules for different classes of business and different areas of the municipality,
• allowing municipalities to prohibit a class of business or business activities provided specified procedures and requirements are met, and
• provides greater flexibility for two or more municipalities to establish an intermunicipal business licence scheme.

SECTION 148: [Municipal Act, amends section 694] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 149: [Municipal Act, amends section 696 (6)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 150: [Municipal Act, repeals and replaces section 705 (1)] is consequential to the general fee authority provided under the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 151: [Municipal Act, amends section 709] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 152: [Municipal Act, repeals section 712 (5)] is consequential to the proposed section 376 [special fees and charges that are to be collected as taxes].

SECTION 153: [Municipal Act, repeals section 717] is consequential to the general fee authority provided under the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 154: [Municipal Act, repeals and replaces section 720 (1)] repeals the specific authority for collection of bicycle licence fees as a consequence of the general fee authority provided under the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 155: [Municipal Act, amends section 721 (1)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 156: [Municipal Act, repeals and replaces section 725 (2)] removes a requirement that, if costs incurred by the municipality to effect compliance are to be recoverable in the same manner as property taxes, the bylaw must expressly provide for this.

SECTION 157: [Municipal Act, enacts section 725.1] moves this provision from its current location in 551 (a) to a more appropriate location in the Act.

SECTION 158: [Municipal Act, repeals and replaces section 727 (4)] removes a requirement that the council must expressly order that costs incurred by the municipality to effect compliance are to be recoverable in the same manner as property taxes.

SECTION 159: [Municipal Act, enacts section 727.1] moves the effect of the current section 523 (c) of the Act to a position closer to other powers relating to requirements for property owners to remedy dangerous conditions.

SECTION 160: [Municipal Act, enacts sections 756.1 and 756.2]

• moves these sections from their current location as sections 376 and 377 to a more appropriate position in the Act, and
• makes changes consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 161: [Municipal Act, repeals and replaces section 757 (6) and (7)] makes consequential cross reference changes.

SECTION 162: [Municipal Act, repeals and replaces section 791 (5)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 163: [Municipal Act, repeals and replaces section 792 (5)] removes an unnecessary cross reference to section 239.

SECTION 164: [Municipal Act, amends section 793] makes the proposed municipal provisions respecting public access apply to regional districts.

SECTION 165: [Municipal Act, amends section 794]

• requires a regional district procedure bylaw to include provisions respecting pubic notice of board and board committee meetings, and
• removes a reference to a provision that is being repealed consequential to the authority under the proposed Part 9 [Financial Management].

SECTION 166: [Municipal Act, repeals and replaces section 797 (1) (h)] makes a consequential cross reference change.

SECTION 167: [Municipal Act, amends section 798]

• makes consequential cross reference changes, and
• clarifies the continuing references to provisions repealed by this Bill.

SECTION 168: [Municipal Act, amends section 799]

• makes a consequential cross reference change,
• provides authority parallel to that provided for municipalities in relation to the same powers, and
• clarifies the continuing references to provisions repealed by this Bill.

SECTION 169: [Municipal Act, amends section 799 (3)] removes a reference to a provision whose effect is moved to the proposed section 183.1.

SECTION 170: [Municipal Act, amends section 802 (3) and (4)] removes a cross reference that is no longer needed and makes changes consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 171: [Municipal Act, amends section 809] requires regional district boards to establish deadlines for the submission of a counter petition.

SECTION 172: [Municipal Act, amends section 813 (1)] corrects a cross reference.

SECTION 173: [Municipal Act, repeals and replaces section 814 (7)] is consequential to the proposed Division 3 [Audit] of Part 9 [Financial Management].

SECTION 174: [Municipal Act, repeals and replaces section 815 (1)]

• adds authority in relation to fees for document copies, and
• makes a consequential cross reference change.

SECTION 175: [Municipal Act, amends section 816 (1) (a) and (b)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 176: [Municipal Act, repeals and replaces section 817 (1) (a)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 177: [Municipal Act, repeals and replaces section 818 (1) to (5)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 178: [Municipal Act, amends section 819 (10)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 179: [Municipal Act, enacts section 819.1] moves the effect of the current section 834 (2) as a consequence of the repeal of section 329.

SECTION 180: [Municipal Act, repeals section 820 (1)] repeals a definition that is proposed to be included in the general definition section for the Act.

SECTION 181: [Municipal Act, repeals and replaces section 824 (1) to (5)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 182: [Municipal Act, re-enacts section 825] makes changes consequential to the proposed Part 10.1 [Taxes, Fees and Charges] and clarifies authority under this section.

SECTION 183: [Municipal Act, amends section 827] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 184: [Municipal Act, amends section 830 (7) and (9)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 185: [Municipal Act, repeals and replaces section 831 (13)] makes a consequential cross reference change.

SECTION 186: [Municipal Act, repeals and replaces section 833 (1)] is consequential to proposed Part 9 [Financial Management] respecting municipal authority to incur liabilities.

SECTION 187: [Municipal Act, re-enacts section 834] makes consequential cross reference changes and removes the current subsection (2), the effect of which is moved to the proposed section 819.1 [capital expenditure program].

SECTION 188: [Municipal Act, amends section 835 (3)] makes a consequential cross reference change.

SECTION 189: [Municipal Act, amends section 842 (1)] is consequential to moving this provision to the general definition provision of the Act.

SECTION 190: [Municipal Act, amends section 843 (2)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 191: [Municipal Act, repeals and replaces section 844 (2) (a) and (b)] parallels the equivalent municipal provision in section 342.

SECTION 192: [Municipal Act, amends section 845] makes consequential cross reference changes.

SECTION 193: [Municipal Act, repeals and replaces section 845.2 (2) (b)] makes a consequential cross reference change.

SECTION 194: [Municipal Act, amends section 847] makes changes consequential to moving the effect of section 255 to the proposed section 287.2.

SECTION 195: [Municipal Act, amends section 848] repeals a definition that is proposed to be included in the general definition section for the Act.

SECTION 196: [Municipal Act, amends section 865 (1)] is consequential to the proposed definition of "services".

SECTION 197: [Municipal Act, amends section 878 (2)] corrects a cross reference.

SECTION 198: [Municipal Act, repeals and replaces section 882 (3) (a)]

• changes a reference as a consequence of the proposed provisions respecting municipal financial plans, and
• changes a requirement for consistency into a requirement for consideration.

SECTION 199: [Municipal Act, repeals and replaces section 883 (1) (b)] is consequential to the capital expenditure program approach under the proposed section 819.1.

SECTION 200: [Municipal Act, repeals section 898 (7)] repeals an unnecessary budgeting obligation.

SECTION 201: [Municipal Act, amends section 931 (5) and (6)] amends this provision to use consistent language.

SECTION 202: [Municipal Act, amends section 932] allows interest to be included in calculating development cost charges.

SECTION 203: [Municipal Act, amends section 933]

• makes a consequential cross reference change, and
• allows exemptions from development cost charges for social housing.

SECTION 204: [Municipal Act, amends section 935]

• makes a consequential cross reference change, and
• repeals subsection (4) consequential to the proposed amendment to section 932.

SECTION 205: [Municipal Act, repeals and replaces section 937 (2) (a)] makes consequential cross reference changes.

SECTION 206: [Municipal Act, repeals and replaces section 937.1 (10)] makes consequential cross reference changes.

SECTION 207: [Municipal Act, amends section 938 (8) and (9)] is consequential to the proposed definition of "services".

SECTION 208: [Municipal Act, repeals and replaces section 939 (6) (b)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

SECTION 209: [Municipal Act, amends section 941 (12)] makes a consequential cross reference change.

SECTION 210: [Municipal Act, repeals section 953 (4)] is consequential to the proposed section 242.7 respecting open meetings of municipal bodies.

SECTION 211: [Municipal Act, repeals section 1024 (4)] parallels other provisions respecting appeals to the Inspector of Municipalities.

SECTION 212: [Municipal Act, amends section 1032 (1)] is consequential to the proposed definition of "services".

SECTION 213: [Municipal Act, re-enacts section 1033] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges].

 
British Columbia Transit Act

SECTION 214: [British Columbia Transit Act, repeals section 8 (6)] is consequential to the proposed Municipal Act authority respecting municipal services.

SECTION 215: [British Columbia Transit Act, repeals and replaces section 19 (2)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges] of the Municipal Act.

 
Drainage, Ditch and Dike Act

SECTION 216: [Drainage, Ditch and Dike Act, enacts section 171] moves this provision from its current location in section 559 of the Municipal Act to a more appropriate location in the Drainage, Ditch and Dike Act.

 
Economic Development Electricity Rate Act

SECTION 217: [Economic Development Electricity Rate Act, repeals and replaces section 5 (6) (b)] makes a consequential cross reference change.

 
Estate Administration Act

SECTION 218: [Estate Administration Act, amends section 96 (1)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges] of the Municipal Act.

 
Greater Vancouver Sewerage and Drainage District Act

SECTION 219: [Greater Vancouver Sewerage and Drainage District Act, repeals and replaces section 7B (3)] updates a cross reference.

SECTION 220: [Greater Vancouver Sewerage and Drainage District Act, amends section 8] updates cross references.

SECTION 221: [Greater Vancouver Sewerage and Drainage District Act, amends section 10 (4)] updates cross references.

SECTION 222: [Greater Vancouver Sewerage and Drainage District Act, amends section 14 (3)] updates a cross reference.

SECTION 223: [Greater Vancouver Sewerage and Drainage District Act, repeals and replaces section 34.1 (1)] updates cross references.

SECTION 224: [Greater Vancouver Sewerage and Drainage District Act, re-enacts section 50] updates a cross reference.

SECTION 225: [Greater Vancouver Sewerage and Drainage District Act, amends section 55 (3)] removes an unnecessary cross reference.

SECTION 226: [Greater Vancouver Sewerage and Drainage District Act, amends section 58.2] updates cross references.

SECTION 227: [Greater Vancouver Sewerage and Drainage District Act, repeals and replaces section 58.3 (2) (b)] consequential to the proposed Part 10.1 [Taxes, Fees and Charges] of the Municipal Act.

SECTION 228: [Greater Vancouver Sewerage and Drainage District Act, amends section 58.6 (4)] updates cross references.

 
Greater Vancouver Transportation Authority Act

SECTION 229: [Greater Vancouver Transportation Authority Act, amends section 21 (6)] makes a consequential cross reference change.

SECTION 230: [Greater Vancouver Transportation Authority Act, amends section 23] makes consequential cross reference changes.

SECTION 231: [Greater Vancouver Transportation Authority Act, amends section 25 (6) (b)] makes a consequential cross reference change.

 
Greater Vancouver Water District Act

SECTION 232: [Greater Vancouver Water District Act, amends section 10] updates cross references.

SECTION 233: [Greater Vancouver Water District Act, amends section 12 (4)] updates cross references.

SECTION 234: [Greater Vancouver Water District Act, amends section 17 (4)] updates a cross reference.

SECTION 235: [Greater Vancouver Water District Act, repeals and replaces section 57.1 (1)] updates cross references.

 
Health Authorities Act

SECTION 236: [Health Authorities Act, amends section 1] removes an obsolete cross reference.

 
Home Owner Grant Act

SECTION 237: [Home Owner Grant Act, amends section 11] makes a consequential cross reference change.

SECTION 238: [Home Owner Grant Act, enacts section 15.1] allows grants to be made under the Act when a municipality has established an alternative tax collection scheme under the proposed section 367 of the Municipal Act.

 
Horse Racing Act

SECTION 239: [Horse Racing Act, repeals and replaces section 12 (2)] changes cross references as a consequence of the proposed business licensing provisions of the Municipal Act.

 
Hospital District Act

SECTION 240: [Hospital District Act, amends section 1] updates these to the current Municipal Act definitions.

 
Indian Self Government Enabling Act

SECTION 241: [Indian Self Government Enabling Act, amends section 6 (2)] makes a consequential cross reference change.

SECTION 242: [Indian Self Government Enabling Act, amends section 20 (b)] makes a consequential cross reference change.

 
Islands Trust Act

SECTION 243: [Islands Trust Act, amends section 18 (2)] is consequential to the proposed provisions of the Municipal Act respecting audits of local government accounts.

SECTION 244: [Islands Trust Act, amends section 45] is consequential to the proposed provisions of the Municipal Act respecting audits of local government accounts.

 
Library Act

SECTION 245: [Library Act, repeals and replaces section 24 (1)] is consequential to moving the described term to the general definition section of the Municipal Act.

 
Local Government Grants Act

SECTION 246: [Local Government Grants Act, repeals and replaces section 3 (d)] is consequential to moving the described term to the general definition section of the Municipal Act.

SECTION 247: [Local Government Statutes Amendment Act, 1998, repeals section 38] repeals a provision respecting filing of village bylaws that is no longer applicable.

 
Local Services Act

SECTION 248: [Local Services Act, amends section 2] makes consequential cross reference changes.

SECTION 249: [Local Services Act, amends section 2] makes a cross reference change as a consequence of the proposed business hours regulation authority under the Municipal Act.

 
Municipal Finance Authority Act

SECTION 250: [Municipal Finance Authority Act, amends section 1] updates a cross reference.

SECTION 251: [Municipal Finance Authority Act, repeals and replaces section 3 (a)] removes cross references that are no longer required as a consequence of the proposed Municipal Act amendments respecting financial management.

SECTION 252: [Municipal Finance Authority Act, repeals and replaces section 11 (a) to (c)] makes consequential cross reference changes.

SECTION 253: [Municipal Finance Authority Act, repeals and replaces section 11.1 (1) (a)] makes a consequential cross reference change.

SECTION 254: [Municipal Financial Authority Act, re-enacts section 12] removes unnecessary cross references.

SECTION 255: [Municipal Financial Authority Act, repeals and replaces section 28 (1)] makes a consequential cross reference change.

 
Municipalities Enabling and Validating Act (No. 2)

SECTION 256: [Municipalities Enabling and Validating Act (No. 2), repeals and replaces section 46 (6)] makes consequential cross reference changes.

SECTION 257: [Municipalities Enabling and Validating Act (No. 2), adds section 45 (8)] deems the Greater Vancouver Regional District to be a municipal corporation for the purposes of borrowings under this section or section 46 of the Act.

 
Police Act

SECTION 258: [Police Act, amends section 22 (1) and (2)] makes a consequential cross reference change.

 
Property Transfer Tax Act

SECTION 259: [Property Transfer Tax Act, repeals and replaces section 14 (3) (t)] makes consequential cross reference changes.

 
Resort Municipality of Whistler Act

SECTION 260: [Resort Municipality of Whistler Act, repeals and replaces section 6 (1) and (2)] makes consequential cross reference changes.

SECTION 261: [Resort Municipality of Whistler Act, repeals and replaces section 6 (3)] makes a consequential cross reference change.

SECTION 262: [Resort Municipality of Whistler Act, repeals and replaces section 8 (12) (b)] makes a consequential cross reference change.

 
School Act

SECTION 263: [School Act, repeals and replaces section 33 (b)] adds references to the proposed section 92.4 [disqualification for jfalse or incomplete disclosure statements or supplementary reports] of the Municipal Act and the equivalent section 64.3 of the Vancouver Charter.

SECTION 264: [School Act, adds section 36 (1) (c.1)] adds references to applicable provisions of the Municipal Act and Vancouver Charter.

SECTION 265: [School Act, amends section 44] allows property elector certificates to be obtained up to and including on general voting day.

SECTION 266: [School Act, amends section 45] adds references to the proposed section 72.1 of the Municipal Act and the equivalent section 44.1 of the Vancouver Charter respecting nomination deposits.

SECTION 267: [School Act, repeals and replaces section 46 (4)] adds references to the proposed section 72.1 of the Municipal Act and the equivalent section 44.1 of the Vancouver Charter respecting nomination deposits.

SECTION 268: [School Act, amends section 48] applies proposed offence provisions in relation to local government elections to offences in relation to school board elections.

SECTION 269: [School Act, repeals and replaces section 52 (3)] makes this a general reference to disqualification under the Municipal Act or Vancouver Charter.

SECTION 270: [School Act, repeals and replaces section 128 (2)] is consequential to the proposed Part 10.1 [Taxes, Fees and Charges] of the Municipal Act.

SECTION 271: [School Act, amends section 129] removes unnecessary cross references.

 
Special Enterprise Zone and Tax Relief Act

SECTION 272: [Special Enterprise Zone and Tax Relief Act, amends section 1] updates a cross reference.

 
University Endowment Land Act

SECTION 273: [University Endowment Land Act, repeals and replaces section 12 (1) (c)] removes an unnecessary cross reference.

 
Vancouver Charter

SECTION 274: [Vancouver Charter, amends section 2] removes a reference to the Library Board, which is now an incorporated body.

SECTION 275: [Vancouver Charter, amends section 2.1 (1)] effective on the date on which this Bill received First Reading in the Legislative Assembly, adds a consequential cross reference to section 92.3 of the Municipal Act.

SECTION 276: [Vancouver Charter, repeals and replaces section 2.1 (1)] updates references to provisions of the Municipal Act.

SECTION 277: [Vancouver Charter, amends section 2.1 (1)] updates a cross reference as a consequential of the proposed Part 20 [Business Licensing and Regulations] of the Municipal Act.

SECTION 278: [Vancouver Charter, amends section 7] adds definitions for the purpose of the proposed amendments relating to Division (8) [Campaign Financing] of Part I [Elections].

SECTION 279: [Vancouver Charter, repeals and replaces section 10 (1) (d)] adds a reference to the proposed provision respecting disqualification for failure to file a disclosure statement.

SECTION 280: [Vancouver Charter, repeals and replaces section 19 (2) (b)] clarifies that the chief election officer has authority to order persons to leave if they are interfering with the conduct of voting proceedings by being in the immediate vicinity of a voting place.

SECTION 281: [Vancouver Charter, repeals and replaces section 26 (1) (a)] adds a reference to the proposed section 30.1.

SECTION 282: [Vancouver Charter, re-enacts section 27] removes the requirement that by- laws under this section be approved by the minister.

SECTION 283: [Vancouver Charter, re-enacts section 30 and enacts section 30.1] parallels the Election Act provisions respecting proof of eligibility when registering as an elector immediately before voting.

SECTION 284: [Vancouver Charter, amends section 31] allows property elector certificates to be obtained up to and including on general voting day.

SECTION 285: [Vancouver Charter, repeals and replaces section 34 (4) (a)] adds a reference to the proposed section 30.1.

SECTION 286: [Vancouver Charter, amends section 35]

• adds a requirement that the election notice respecting the list of registered electors include a statement that electors can request their personal information be obscured or omitted from the list that is available for public inspection, and
• requires personal information on a list of registered electors to be omitted or obscured if requested by an elector.

SECTION 287: [Vancouver Charter, repeals and replaces section 38 (2) (d)] adds a reference to the proposed provision respecting disqualification for filing false disclosure statements.

SECTION 288: [Vancouver Charter, repeals and replaces section 44 (2) (b)] requires candidates to provide a declaration on oath or by solemn affirmation as to the truthfulness of the information provided in their nomination documents.

SECTION 289: [Vancouver Charter, enacts section 44.1] allows Vancouver City Council to establish a requirement for nomination deposits.

SECTION 290: [Vancouver Charter, amends section 45]

• adds reference to the proposed authority for requiring nomination deposits, and
• adds an obligation to check the list under section 92.3 of the Municipal Act to determine whether candidates are disqualified.

SECTION 291: [Vancouver Charter, amends section 47] requires the chief election officer to challenge a candidate's nomination if it appears that the person is disqualified from holding office.

SECTION 292: [Vancouver Charter, amends section 49 (2)] in this provision which establishes information that must be included in the notice of an election,

• removes requirements relating to voting divisions as a consequence of the proposed amendment to section 75 of the Act, and
• requires the notice to include information respecting registration as an elector in conjunction with voting.

SECTION 293: [Vancouver Charter, amends section 55]

• repeals a definition that is moved to section 7,
• clarifies that amounts provided by a candidate are to included as campaign contributions, and
• adds definitions for the purposes of the proposed amendments respecting reporting of campaign financing.

SECTION 294: [Vancouver Charter, adds section 56 (1) (a.1)] includes the seeking of elector organization endorsement as part of a local government election campaign.

SECTION 295: [Vancouver Charter, amends section 57 (3)] clarifies that elector organizations which endorse candidates must have a person appointed as financial agent.

SECTION 296: [Vancouver Charter, enacts section 57.1] requires campaign funds to be dealt with through separate accounts.

SECTION 297: [Vancouver Charter, re-enacts section 60]

• requires campaign contributions to be recorded by class, and
• changes the current retention time for holding financial records.

SECTION 298: [Vancouver Charter, enacts section 61.1] requires candidates to pay any election surplus of $500 or more to the city, which is to hold the amount for use by the person in the next election.

SECTION 299: [Vancouver Charter, re-enacts sections 62 to 65 and enacts sections 62.1, 62.2 and 64.1 to 64.4] establishes campaign financing rules parallel to those under the proposed sections 90 to 93 of the Municipal Act.

SECTION 300: [Vancouver Charter, repeals and replaces section 69 (5)] requires the notice of an advance voting opportunity to include information respecting registration as an elector in conjunction with voting.

SECTION 301: [Vancouver Charter, repeals and replaces section 74 (3) and (4)] removes a requirement for ministerial approval of bylaws respecting the use of voting machines, unless the bylaw intends to go beyond procedural matters.

SECTION 302: [Vancouver Charter, re-enacts section 75] replaces the requirement that the City of Vancouver must establish voting divisions with a discretionary authority.

SECTION 303: [Vancouver Charter, repeals and replaces section 87 (1) (a)] adds a reference to the proposed section 30.1.

SECTION 304: [Vancouver Charter, repeals and replaces section 119 (2)] clarifies the application of this rule.

SECTION 305: [Vancouver Charter, enacts section 124.1] prohibits certain election advertising on general voting day for the City of Vancouver elections.

SECTION 306: [Vancouver Charter, repeals and replaces section 125 (5)] is consequential to the proposed amendments relating to campaign financing.

SECTION 307: [Vancouver Charter, enacts section 125.1] adds provisions respecting persons who may be prosecuted for offences under Part I [Elections] of the Act.

SECTION 308: [Vancouver Charter, amends section 126]

• makes it an offence to contravene the proposed section 124.1, and
• provides an express defence of due diligence in relation to offences under Part I [Elections] of the Vancouver Charter.

SECTION 309: [Vancouver Charter, amends section 128 (2)] adds regulation-making authority in relation to the referenced sections.

SECTION 310: [Vancouver Charter, adds section 130 (3)] clarifies the application of the proposed section 124.1 to advertising related to city referendums.

SECTION 311: [Vancouver Charter, amends section 145.1] clarifies the application of these conflict of interest rules.

SECTION 312: [Vancouver Charter, enacts section 164.1] adds provisions parallel to those of the proposed sections 222.1 and 235 of the Municipal Act.

SECTION 313: [Vancouver Charter, repeals and replaces section 165 (a)] is consequential to the proposed section 164.1.

SECTION 314: [Vancouver Charter, enacts sections 165.1 to 165.8] establishes requirements respecting public access to proceedings of Council and other Vancouver city bodies.

SECTION 315: [Vancouver Charter, enacts section 277.1] allows Vancouver City Council to delegate its authority in relation to licensing decisions.

SECTION 316: [Vancouver Charter, adds section 374.3 (3)] is consequential to the proposed repeal of section 333 of the Municipal Act.

SECTION 317: [Vancouver Charter, re-enacts section 374.4 and repeals section 374.5] makes clarification changes parallel to the equivalent authority in the proposed section 359.1 of the Municipal Act.

SECTION 318: [Vancouver Charter, amends section 565.2 (8)] updates a cross reference.

 
Waste Management Act

SECTION 319: [Waste Management Act, amends section 19 (1)] updates a cross reference.

 
Water Act

SECTION 320: [Water Act, repeals and replaces section 9 (1) (c)] makes a consequential cross reference change.

[ . . . PART 1 | PART 2 . . . ]

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