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“Point in Time” Act Content

MUNICIPALITIES ENABLING AND VALIDATING (NO. 3) ACT

[SBC 2001] CHAPTER 44

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
Part 2, ss. 3 to 7April 11, 2002
4January 13, 2003
5September 1, 1999
6May 30, 2002
7October 31, 2002
Part 3, ss. 8 to 11March 27, 2003
10February 6, 2009
11February 6, 2009
12December 2, 2003
Part 4, section 13March 31, 2004
13November 2, 2017
14May 20, 2004
15May 20, 2004
 May 20, 2004
[retro from October 21, 2004]
16November 19, 2004
 November 30, 2007
 November 30, 2007
17November 19, 2004
 November 30, 2007
 November 30, 2007
18October 18, 2004
[retro from February 22, 2005]
19March 28, 2006
20March 28, 2006
21March 29, 2007
22March 31, 2008
Part 8, Division 1, hdgFebruary 6, 2009
23May 29, 2008
24May 29, 2008
Part 8, Division 2, hdgFebruary 6, 2009
Part 8 Divsion 2, ss. 25 to 30February 6, 2009
Part 9, ss. 31 to 34October 29, 2009
Part 10, ss. 35 to 48June 25, 2010
Schedule 1January 13, 2003

  Part 2, sections 3 to 7 were enacted by 2002-12-24, effective April 11, 2002 (Royal Assent).

  Section 4 was enacted by 2002-22-7(a), effective January 13, 2003 (BC Reg 379/2002).

  Section 5 was enacted by 2002-48-59, effective September 1, 1999 [retro from July 26, 2002 (BC Reg 224/2002) per s. 5(3)].

  Section 6 was enacted by 2002-48-60, effective May 30, 2002 (Royal Assent).

  Section 7 was enacted by 2002-63-17, effective October 31, 2002 (Royal Assent).

  Part 3, sections 8 to 11 were enacted by 2003-15-17, effective March 27, 2003 (Royal Assent).

  Sections 10 BEFORE repealed by 2008-42-91, effective February 6, 2009 (BC Reg 14/2009).

 Governance of the Northern Rockies Regional District and the Town of Fort Nelson

10  (1)  Despite Part 3 [Electors and Elections] and section 792 (1) [chair of board] of the Local Government Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional District and the Town of Fort Nelson, provide for the election of a person in accordance with subsection (3) to serve as both the chair of the board and the mayor of the town for the term of office under section 209 (1) [term of office for mayor].

(2)  Despite Part 3 [Electors and Elections] and sections 784 (1) and (2) [appointment of municipal directors] and 785 (1) and (3) [election of electoral area directors] of the Local Government Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional District and the Town of Fort Nelson, provide

(a) for the election of persons elected in accordance with subsection (3) to serve as both a director of the regional district and a councillor of the town for the term of office under section 209 (2) [term of office for councillors],

(b) for the board of the regional district to appoint one or more electoral area directors for each electoral area from among the directors, other than the chair, and for the term of office of a director as an electoral area director, and

(c) that, for all purposes of Part 24 [Regional Districts] of the Local Government Act, the chair and all directors who are not appointed as electoral area directors are deemed to be municipal directors.

(3)  For the purposes of subsections (1) and (2), the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional District and the Town of Fort Nelson, provide that Part 3 [Electors and Elections] of the Local Government Act, with any changes to Part 3 the Lieutenant Governor in Council considers necessary or advisable, applies to the elections referred to in those subsections as though

(a) the regional district and the town were the same jurisdiction and the electors of the regional district were the electors of that jurisdiction,

(b) the chair of the regional district and the mayor of the town were the mayor,

(c) the directors of the regional district and the councillors of the town were the councillors of the town,

(d) candidates for election as chair of the regional district and as mayor of the town were candidates for election as mayor of the town, and

(e) candidates for election as directors of the regional district and councillors of the town were candidates for election as councillors of the town.

(4)  Despite sections 19 [size of council], 207 [size of council] and 208 [quorum of council] of the Local Government Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Town of Fort Nelson, establish the size and quorum of council.

(5)  Despite sections 777 (1) (d) [letters patent of regional district] and 783 (2) to (7) [composition and voting rights] of the Local Government Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional District, provide the number of votes assigned to each director.

  Sections 11 BEFORE repealed by 2008-42-91, effective February 6, 2009 (BC Reg 14/2009).

 Northern Rockies Regional Hospital District governance

11  (1)  Despite sections 3 (1) (c) [letters patent — voting unit] and 9 (1) [voting] of the Hospital District Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional Hospital District, establish that all votes of the board are to be conducted on the basis of one vote for each director.

(2)  Despite section 13 (1) [chair] of the Hospital District Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional Hospital District, establish that the person elected as chair of the Northern Rockies Regional District is, by that election, appointed as chair of the Northern Rockies Regional Hospital District.

  Section 12 was enacted by 2003-97-1, effective December 2, 2003 (Royal Assent).

  Section 13 was enacted by 2004-7-8, effective March 31, 2004 (Royal Assent).

  Section 13 (1) (a) (ii) BEFORE amended by 2017-10-37, effective November 2, 2017 (Royal Assent).

(ii) section 346 [exemptions for community ports and airports] of the Local Government Act,

  Section 14 was enacted by 2004-51-33, effective May 20, 2004 (Royal Assent).

  Section 15 was enacted by 2004-51-33, effective May 20, 2004 (Royal Assent).

  Section 15 (1) and (2) BEFORE amended by 2004-67-19, effective May 20, 2004 [retro from October 21, 2004 (Royal Assent)].

(1)  A bylaw adopted by a local government under section 910 of the Local Government Act before the date the Miscellaneous Statutes Amendment Act (No. 2), 2004 receives Royal Assent, and actions taken under the bylaw, are confirmed and validated, and the bylaw is conclusively deemed to have been continuously in force from the date of its adoption until the date it is or was repealed by the local government to the extent that it would have been validly adopted under section 910 of the Local Government Act as amended by section 29 of the Miscellaneous Statutes Amendment Act (No. 2), 2004.

(2)  An authorization or other permission that was given in relation to a development

(a) by a local government before the date the Miscellaneous Statutes Amendment Act (No. 2), 2004 receives Royal Assent, and

(b) in reliance on an exemption of a type of development, given by the minister under section 910 (6) of the Local Government Act before its repeal by section 19 of the Flood Hazard Statutes Amendment Act, 2003, S.B.C. 2003, c. 72,

is confirmed and validated to the extent that it could be validly given by the local government by or in reliance on a bylaw or exemption under section 910 of the Local Government Act as amended by section 29 of the Miscellaneous Statutes Amendment Act (No. 2), 2004, and an action taken under such an authorization or other permission, is confirmed and validated and conclusively deemed to have been validly taken.

  Section 16 was enacted by 2004-72-16, effective November 19, 2004 (BC Reg 508/2004).

  Section 16 (1) definition of "authority" BEFORE amended by 2007-41-87(a), effective November 30, 2007 (BC Reg 399/2007).

"authority" means the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act;

  Section 16 (1) definition of "project" BEFORE amended by 2007-41-87(b), effective November 30, 2007 (BC Reg 399/2007).

"project" means the Fraser River Crossing project as defined in section 1 of the Greater Vancouver Transportation Authority Act and the highways and related infrastructure that a municipality constructs or improves for the purpose of integrating with the Fraser River Crossing project.

  Section 17 was enacted by 2004-72-16, effective November 19, 2004 (BC Reg 508/2004).

  Section 17 (1) definition of "authority" BEFORE amended by 2007-41-88(a), effective November 30, 2007 (BC Reg 399/2007).

"authority" means the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act;

  Section 17 (1) definition of "project" BEFORE amended by 2007-41-88(b), effective November 30, 2007 (BC Reg 399/2007).

"project" means the planning, acquisition or construction of the Richmond-Airport-Vancouver rapid transit project, as defined in the Greater Vancouver Transportation Authority Act, by the authority, a subsidiary or a contractor of either.

  Section 18 was enacted by 2005-2-14, effective October 18, 2004 [retro from February 22, 2005 (RA)] per s. 18(3).

  Section 19 was enacted by 2006-3-20, effective March 28, 2006 (Royal Assent).

  Section 20 was enacted by 2006-3-20, effective March 28, 2006 (Royal Assent).

  Section 21 was enacted by 2007-6-40, effective March 29, 2007 (Royal Assent).

  Section 22 was enacted by 2008-5-92, effective March 31, 2008 (Royal Assent).

  Division 1, heading was enacted by 2008-42-92(a), effective Feburary 6, 2009 (BC Reg 14/2009).

  Section 23 was enacted by 2008-42-92(b), effective May 29, 2008 (Royal Assent).

  Section 24 was enacted by 2008-42-92(b), effective May 29, 2008 (Royal Assent).

  Part 8, Division 2, heading was enacted by 2008-42-92(c), effective Feburary 6, 2009 (BC Reg 14/2009).

  Part 8, Division 2 sections 25 to 30 were enacted by 2008-42-92(c), effective Feburary 6, 2009 (BC Reg 14/2009).

  Part 9, sections 31 to 34 were enacted by 2009-22-77, effective October 29, 2009 (Royal Assent).

  Part 10, sections 35 to 48 were enacted by 2010-21-36, effective June 25, 2010 (BC Reg 195/2010).

  Schedule 1 was enacted by 2002-22-7(b), effective January 13, 2003 (BC Reg 379/2002).