Sections 194 to 292 and the Schedule were enacted by 2003-26-194 to Schedule, effective January 1, 2004 (BC Reg 423/2003).

  Section 4 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  The powers conferred on municipalities and their councils by or under this Act or the Local Government Act must be interpreted broadly in accordance with the purposes of those Acts and in accordance with municipal purposes.

  Section 4 (2) (b) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) the specific power can be read as coming within a general power conferred by or under this Act or the Local Government Act,

  Section 8 (10) (a) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) are subject to any specific conditions and restrictions established by or under this or another Act, and

  Section 8 (7) (c) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(c) may not be used to do anything that a council is specifically authorized to do under Part 26 [Planning and Land Use Management] or Part 27 [Heritage Conservation] of the Local Government Act.

  Section 9 (2) (b) and (c) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) a bylaw that is authorized by or under a provision of this Act other than section 8, or

(c) a bylaw that is authorized by or under another Act,

  Section 9 (1) (d) BEFORE repealed by 2015-2-47, effective December 15, 2017 (BC Reg 192/2017).

(d) bylaws under section 8 (3) (l) [buildings and other structures] establishing standards that are or could be dealt with by the Provincial building regulations;

  Section 11 (3) BEFORE amended by 2003-52-530, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  If a municipality has established works or facilities outside the boundaries of the municipality for the purposes of a municipal service, the council's power to regulate the use of those works and facilities may be exercised outside the boundaries of the municipality.

  Section 11 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  A municipality and its council may only exercise or perform their powers, duties and functions within the boundaries of the municipality, unless authorized by or under this or another Act.

  Section 13 (3) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  If consent is given as referred to in subsection (1), the municipal powers, duties and functions provided by or under this or any other Act in relation to the service may be exercised in the area referred to in that subsection, subject to any applicable terms and conditions established under subsection (2).

  Section 13 (1) (b) BEFORE amended by 2007-36-48, effective April 3, 2009 (BC Reg 55/2009).

(b) if the area is not in another municipality, the council must obtain the consent of the regional district board for the area.

  Section 13.1 was enacted by 2007-36-49, effective April 3, 2009 (BC Reg 55/2009).

  Section 14 (2.1), (2.2) and (4) were added by 2023-32-40(a) and (c), effective October 26, 2023 (Royal Assent).

  Section 14 (3) BEFORE amended by 2023-32-40(b), effective October 26, 2023 (Royal Assent).

(3) If an intermunicipal service scheme is established under this section, this section rather than section 13 applies.

  Section 16 (6) (a) BEFORE amended by 2003-52-531, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) to inspect and determine whether all regulations, prohibitions and requirements are being met in relation to any matter for which the council, a municipal officer or employee or a person authorized by the council has exercised authority under this or another Act to regulate, prohibit or require;

  Section 20 (1) BEFORE amended by 2023-37-195, effective November 8, 2023 (Royal Assent).

(1) If an emergency within the meaning of the Emergency Program Act arises in a municipality, the council has the powers provided under that Act.

  Section 23 (1) (b) BEFORE amended by 2003-52-532, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(b) operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and

  Section 25 (1) (part) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  Unless expressly authorized by or under this or another Act, a council must not provide a grant, benefit, advantage or other form of assistance to a business, including

  Section 25 (3) (b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(b) property that is subject to a heritage revitalization agreement under section 966 of the Local Government Act;

  Section 27 (1) (b) and (c) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(b) section 936 (5) (a) [park land in place of development cost charges] of the Local Government Act, or

(c) section 941 (14) [park land in relation to subdivision] of the Local Government Act.

  Section 31 (2) BEFORE amended by 2014-15-147, effective February 29, 2016 (BC Reg 35/2016).

(2) Without limiting subsection (1), in addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, a municipality may expropriate

(a) a licence authorizing the diversion of water from a stream suitable for a water supply for the municipality, and

(b) any work constructed or used under authority of the licence.

  Section 33 (3) (b) BEFORE amended by 2004-61-23, effective March 18, 2005 (BC Reg 95/2005).

(b) if no agreement is reached, by the Expropriation Compensation Board.

  Section 35 (2) (c) BEFORE amended by 2003-52-533(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(c) highways in a park, recreation area or ecological reserve established under the Park Act, the Ecological Reserve Act or the Protected Areas of British Columbia Act;

  Section 35 (8) (c) BEFORE amended by 2003-52-533(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(c) for the purpose of or in relation to a park, recreation area or ecological reserve established or proposed to be established under the Park Act, the Ecological Reserve Act or the Protected Areas of British Columbia Act.

  Section 35 (6), (9) and (10) BEFORE amended by 2004-44-96, effective December 31, 2004 (BC Reg 547/2004).

(6)  The minister responsible for the Highway Act may file with the land title office an application satisfactory to the registrar of land titles that identifies an easement referred to in subsection (5) and, on filing, the registrar must register ownership of the easement in the name of the municipality.

(9)  An order under subsection (8) (a) or (b) may only be made on the recommendation of the minister responsible for the Highway Act, and an order under subsection (8) (c) may only be made on the recommendation of the minister responsible for the applicable Act referred to in that subsection.

(10)  The minister responsible for the Highway Act, after consultation with the minister responsible for this Act, may

  Section 35 (2) (c) BEFORE amended by 2006-25-18, effective July 14, 2006 (BC Reg 215/2006).

(c) highways in a park, recreation area or ecological reserve established under the Park Act, the Ecological Reserve Act or the Protected Areas of British Columbia Act or an area to which an order under section 7 (1) of the Environment and Land Use Act applies;

  Section 35 (8) (c) BEFORE amended by 2006-25-18, effective July 14, 2006 (BC Reg 215/2006).

(c) for the purpose of or in relation to a park, recreation area or ecological reserve established or proposed to be established under the Park Act, the Ecological Reserve Act or the Protected Areas of British Columbia Act or an area to which an order under section 7 (1) of the Environment and Land Use Act applies.

  Section 35 (2) (d), (e) and (g) BEFORE amended by BC Reg 337/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 337/2006).

(d) highways in a regional park under the Park (Regional) Act;

(e) a regional trail under the Park (Regional) Act, other than a regional trail that is part of the road system regularly used by vehicle traffic;

(g) roads referred to in section 66 of the Forest Practices Code of British Columbia Act that have not been declared to be public highways;

  Section 35 (2) (b) BEFORE amended by 2007-41-59, effective November 30, 2007 (BC Reg 399/2007).

(b) highways referred to in section 23 (1) of the Greater Vancouver Transportation Authority Act;

  Section 36 (2) (c) BEFORE amended by 2004-44-96, effective December 31, 2004 (BC Reg 547/2004).

(c) extraordinary traffic on Provincial arterial highways may only be regulated or prohibited by bylaw adopted with the approval of the minister responsible for the Highway Act;

  Section 36 (3) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  Authority in relation to highways that is provided to a municipality by or under this or another Act includes the power to restrict the common law right of passage by the public over a highway that is vested in the municipality, if this restriction is necessary to the exercise of the authority.

  Section 36 (2) (d) BEFORE amended by 2007-41-60, effective November 30, 2007 (BC Reg 399/2007).

(d) the restrictions established by the Greater Vancouver Transportation Authority Act;

  Section 40 (4) BEFORE amended by 2003-52-534, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(4)  In addition to the requirement under subsection (3), before adopting a bylaw under subsection (1) (a), the council must deliver notice of its intention to the operators of utilities whose transmission or distribution facilities or works that council considers will be affected by the closure.

  Section 40 (8) BEFORE amended by 2004-44-97, effective December 31, 2004 (BC Reg 547/2004).

(8)  For certainty, this section applies to public highways under section 4 of the Highway Act.

  Section 41 (3) BEFORE amended by 2004-44-96, effective December 31, 2004 (BC Reg 547/2004).

(3)  As a restriction on the authority under section 40 (1), if the highway or part of a highway to be closed or reopened is within 800 metres of an arterial highway, the bylaw under that section may only be adopted if it is approved by the minister responsible for the Highway Act.

  Section 41 (5) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(5)  If the parties are unable to reach an agreement under subsection (4), the matters must be settled by arbitration, and for that purpose the Commercial Arbitration Act applies.

  Section 43 (2) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(2)  If the parties are unable to reach an agreement under subsection (1), the matters must be settled by arbitration, and for that purpose the Commercial Arbitration Act applies.

  Section 46 (3) was added by 2004-44-98, effective December 31, 2004 (BC Reg 547/2004).

  Part 3, Division 5.1, sections 46.1 and 46.2, was enacted by 2018-53-54, effective September 16, 2019 (BC Reg 160/2019).

  Section 47 BEFORE amended by 2003-52-535, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 50 (1) (b) BEFORE amended by 2003-80-50, effective August 3, 2004 (BC Reg 371/2004).

(b) land and the trees on it if section 17 of the Forest Land Reserve Act applies to the land;

  Section 50 (4) (a) BEFORE amended by 2004-61-23, effective March 18, 2005 (BC Reg 95/2005).

(a) the compensation must be as determined and paid as soon as reasonably possible in an amount set by agreement between the owner and the municipality or, if no agreement is reached, by the Expropriation Compensation Board, and

  Section 53 BEFORE re-enacted by 2008-8-2, effective March 31, 2008 (Royal Assent).

  Section 53 (1) BEFORE amended by 2018-32-5,Sch, effective November 9, 2018 (BC Reg 235/2018).

(1) In this section, "greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act.

  Section 54 (1) BEFORE amended by 2003-52-536, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(1)  If requested by an applicant, a building inspector must give written reasons for his or her refusal to issue a building permit that is required by a bylaw under section 8 (3) (1) [spheres of authority — buildings and other structures].

  Section 54 (1) BEFORE amended by 2023-10-76, effective March 30, 2023 (Royal Assent).

(1) If requested by an applicant, a building inspector must give written reasons for his or her refusal to issue a building permit that is required by a bylaw under section 8 (3) (l) [spheres of authority — buildings and other structures].

  Section 55 (1) was added by 2008-8-3, effective March 31, 2008 (Royal Assent).

  Section 55 (2) (part) BEFORE amended by 2008-8-3(c), effective March 31, 2008 (Royal Assent).

to provide the municipality with a certification by a professional engineer, professional geoscientist or architect that the plans submitted with the permit application, or specified aspects of those plans, comply with the then current Provincial building code and other applicable enactments respecting safety;

  Section 55 (2) (a) BEFORE amended by 2015-2-48, effective September 18, 2015 (BC Reg 172/2015).

(a) require applicants for building permits, in circumstances as specified in the bylaw that relate to

(i) site conditions,

(ii) the size or complexity of developments, or

(iii) aspects of developments,

to provide the municipality with a certification by a qualified professional that the plans submitted with the permit application, or specified aspects of those plans, comply with the then current Provincial building code and other applicable enactments respecting safety;

  Section 55 (1) (d) and (f) BEFORE amended by 2018-47-139, effective February 5, 2021 (BC Reg 11/2021).

(d) a professional engineer certified under section 10 (1) (k.2) of the Engineers and Geoscientists Act as a specialist in an area of professional engineering,

(f) a professional geoscientist certified under section 10 (1) (k.2) of the Engineers and Geoscientists Act as a specialist in an area of professional geoscience.

  Section 56 (1) definition of "construction" BEFORE amended by 2003-52-537(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

"construction" means

(a) the new construction of a building or structure, or

(b) the structural alteration of or addition to an existing building or structure,

but does not include the repair of an existing building or structure;

  Section 56 (2) (a) BEFORE amended by 2003-52-537(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) a bylaw regulating the construction of buildings or structures is in effect, and

  Section 57 (7) (a) BEFORE amended by 2004-66-49(a), effective January 20, 2005 (BC Reg 16/2005).

(a) the registrar is not liable nor is the Provincial government liable vicariously, and

  Section 57 (7) (a.1) was added by 2004-66-49(b), effective January 20, 2005 (BC Reg 16/2005).

  Section 57 (7) (b) BEFORE amended by 2004-66-49(c), effective January 20, 2005 (BC Reg 16/2005).

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

  Section 63 (b) and (f) BEFORE amended by 2015-2-49, effective December 15, 2017 (BC Reg 192/2017).

(b) smoke alarms, to the extent that any standards established under this authority do not exceed those established by the Provincial building regulations;

(f) rental units and residential property, as those are defined in the Residential Tenancy Act, that are subject to a tenancy agreement, as defined in that Act, to the extent that any standard established under this authority does not exceed those established by the Provincial building regulations.

  Section 63 (g) was added by 2024-11-1, effective April 25, 2024 (Royal Assent).

  Section 63 (c) BEFORE amended by 2016-19-58, effective August 1, 2024 (BC Reg 248/2024).

(c) any matter within the scope of the Fire Services Act;

  Section 63.1 was enacted by 2024-11-2, effective April 25, 2024 (Royal Assent).

  Section 63.2 was enacted by 2024-11-2, effective April 25, 2024 (Royal Assent).

  Section 63.3 was enacted by 2024-11-2, effective April 25, 2024 (Royal Assent).

  Section 66 (1) (d) BEFORE repealed by 2016-19-59, effective August 1, 2024 (BC Reg 248/2024).

(d) exercise some or all of the powers of the fire commissioner under section 25 of the Fire Services Act, and for these purposes that section applies.

  Section 67 (1) (part) BEFORE amended by 2024-16-146, effective May 1, 2025 (BC Reg 48/2025).

(1) Property that has come into the custody and possession of the police force or police department on behalf of a municipality may be disposed of and the proceeds from that disposal dealt with in accordance with the regulations under this Act, if

  Section 81 (1) BEFORE amended by 2014-19-1, effective May 29, 2014 (Royal Assent).

(1) A general local election for the mayor and all councillors of each municipality must be held in the year 2005 and every 3 years after that.

  Section 81 (2) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(2) By-elections for office on municipal council must be held as required under section 37 [by-elections] of the Local Government Act.

  Section 81 (1) BEFORE amended by 2021-30-1, effective November 25, 2021 (Royal Assent).

(1) A general local election for the mayor and all councillors of each municipality must be held in the year 2014 and in every 4th year after that.

  Section 84 (part) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 85 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  If assent of the electors is required or authorized by or under this Act or the Local Government Act in relation to a proposed bylaw, agreement or other matter, that assent is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question.

  Section 86 (5) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(5) For the purposes of this section, the electors of the area to which an alternative approval process applies are the persons who would meet the qualifications referred to in section 161 (1) (a) [who may vote at assent voting] of the Local Government Act if assent of the electors were sought in respect of the matter.

  Section 86 (3.1) was added by 2021-30-2, effective February 28, 2022 (BC Reg 17/2022).

  Section 90 (2) (c) BEFORE amended by 2009-21-5,Sch2, effective October 29, 2009 (Royal Assent).

(c) a matter that is being investigated under the Ombudsman Act of which the municipality has been notified under section 14 [ombudsman to notify authority] of that Act;

  Section 90 (2) (e) was added by 2012-5-36, effective April 25, 2012 (BC Reg 94/12).

  Section 90 (2) (e) BEFORE repealed by 2022-15-2, effective June 2, 2022 (Royal Assent).

(e) a review of a proposed final performance audit report for the purpose of providing comments to the auditor general on the proposed report under section 23 (2) of the Auditor General for Local Government Act.

  Section 90 (0.1) was added by 2025-19-4(a), effective October 30, 2025 (Royal Assent).

  Section 90 (1) (i.1) was added by 2025-19-4(b), effective October 30, 2025 (Royal Assent).

  Section 90 (2) (b) BEFORE amended by 2025-19-4(c), effective October 30, 2025 (Royal Assent).

(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party;

  Section 91 (3) BEFORE amended by 2003-52-538, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  The minutes of a meeting or part of a meeting that is closed to the public must record the names of all person in attendance.

  Section 93 (d) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(d) a board of variance established under section 899 of the Local Government Act;

  Section 93 (b), (c) and (d) BEFORE amended by 2022-15-3, effective June 2, 2022 (Royal Assent).

(b) a municipal commission established under section 143;

(c) a parcel tax roll review panel established under section 204;

(d) a board of variance established under Division 15 of Part 14 of the Local Government Act;

  Section 94 BEFORE re-enacted by 2021-30-3, effective February 28, 2022 (BC Reg 17/2022).

  Section 94.1 was enacted by 2021-30-3, effective February 28, 2022 (BC Reg 17/2022).

  Section 94.2 was enacted by 2021-30-4, effective February 28, 2022 (BC Reg 17/2022).

  Section 98 (1) (c) BEFORE repealed by 2022-15-4, effective June 2, 2022 (Royal Assent).

(c) have the report available for public inspection at the meeting required under section 99.

  Section 99 (2) and (3) BEFORE amended by 2022-15-5(a), effective June 2, 2022 (Royal Assent).

(2) The annual meeting must occur at least 14 days after the annual report is made available for public inspection under section 97.

(3) The council must give notice of the date, time and place of the annual meeting in accordance with section 94 [public notice].

  Section 99 (4) and (5) were added by 2022-15-5(b), effective June 2, 2022 (Royal Assent).

  Section 100 (2) and (4) BEFORE amended by 2023-10-77, effective March 30, 2023 (Royal Assent).

(2) If a council member attending a meeting considers that he or she is not entitled to participate in the discussion of a matter, or to vote on a question in respect of a matter, because the member has

(a) a direct or indirect pecuniary interest in the matter, or

(b) another interest in the matter that constitutes a conflict of interest,

the member must declare this and state in general terms the reason why the member considers this to be the case.

(4) As an exception to subsection (3), if a council member has made a declaration under subsection (2) and, after receiving legal advice on the issue, determines that he or she was wrong respecting his or her entitlement to participate in respect of the matter, the member may

(a) return to the meeting or attend another meeting of the same body,

(b) withdraw the declaration by stating in general terms the basis on which the member has determined that he or she is entitled to participate, and

(c) after this, participate and vote in relation to the matter.

  Section 101 (3) BEFORE amended by 2003-52-539, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  A person who contravenes this section is disqualified from holding local government office for the period established by section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 101 (3) BEFORE amended by 2014-19-2, effective May 29, 2014 (Royal Assent).

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 102 (2) BEFORE amended by 2003-52-539, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(2)  A person who contravenes this section is disqualified from holding local government office for the period established by section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 102 (2) BEFORE amended by 2014-19-3, effective May 29, 2014 (Royal Assent).

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 102 (1) BEFORE amended by 2023-10-78, effective March 30, 2023 (Royal Assent).

(1) A council member must not use his or her office to attempt to influence in any way a decision, recommendation or other action to be made or taken

(a) at a meeting referred to in section 100 (1) [disclosure of conflict],

(b) by an officer or an employee of the municipality, or

(c) by a delegate under section 154 [delegation of council authority],

if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

  Section 103 (2) BEFORE amended by 2003-52-539, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(2)  A person who contravenes this section is disqualified from holding local government office for the period established by section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 103 (2) BEFORE amended by 2014-19-4, effective May 29, 2014 (Royal Assent).

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 103 (1) BEFORE amended by 2023-10-78, effective March 30, 2023 (Royal Assent).

(1) In addition to the restriction under section 102, a council member must not use his or her office to attempt to influence in any way a decision, recommendation or action to be made or taken by any other person or body, if the member has a direct or indirect pecuniary interest in the matter to which the decision, recommendation or other action relates.

  Section 104 (2) BEFORE amended by 2023-10-78, effective March 30, 2023 (Royal Assent).

(2) Despite sections 100 to 103, if a council member

(a) has a legal right to be heard in respect of a matter or to make representations to council, and

(b) is restricted by one or more of those sections from exercising that right in relation to the matter,

the council member may appoint another person as a representative to exercise the member's right on his or her behalf.

  Section 105 (3) BEFORE amended by 2003-52-539, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  A person who contravenes this section is disqualified from holding local government office for the period established by section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 105 (3) BEFORE amended by 2014-19-5, effective May 29, 2014 (Royal Assent).

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 106 (1) (a) BEFORE amended by 2003-52-540, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) a member receives a gift or personal benefit referred to in section 105 (2) (a) that exceeds $250 in value, or

  Section 106 (3) BEFORE amended by 2003-52-539, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  A person who contravenes this section is disqualified from holding local government office for the period established by section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 106 (3) BEFORE amended by 2014-19-6, effective May 29, 2014 (Royal Assent).

(3) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 107 (3) BEFORE amended by 2003-52-539, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  A person who contravenes subsection (2) is disqualified from holding local government office for the period established by section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 107 (3) BEFORE amended by 2014-19-7, effective May 29, 2014 (Royal Assent).

(3) A person who contravenes subsection (2) is disqualified from holding an office described in, and for the period established by, section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 108 (2) BEFORE amended by 2003-52-539, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(2)  A person who contravenes this section is disqualified from holding local government office for the period established by section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 108 (2) BEFORE amended by 2014-19-8, effective May 29, 2014 (Royal Assent).

(2) A person who contravenes this section is disqualified from holding an office described in, and for the period established by, section 110 (2), unless the contravention was done inadvertently or because of an error in judgment made in good faith.

  Section 108.1 was enacted by 2014-19-9, effective May 29, 2014 (Royal Assent).

  Section 109 (4) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(4)  In the case of an application made by an elector, if the court makes an order under subsection (3), the municipality must promptly pay the elector's costs within the meaning of the Rules of Court.

  Part 4, Division 6.1, sections 109.1 to 109.3, was enacted by 2022-15-6, effective June 2, 2022 (Royal Assent).

  Division 7 of Part 4 heading BEFORE amended by 2014-19-10, effective May 29, 2014 (Royal Assent).

Division 7 — Disqualification

  Section 110 (2) BEFORE amended by 2003-52-541, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(2)  A person disqualified under subsection (1) is disqualified from holding office on a local government, including office on the council of the City of Vancouver, as follows:

  Section 110 BEFORE re-enacted by 2014-19-11, effective May 29, 2014 (Royal Assent).

  Section 110 (b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(b) disqualifications under section 66 (2) [persons disqualified from holding local government office] of the Local Government Act, other than disqualifications referred to in section 66 (2) (h) [disqualifications under the Local Elections Campaign Financing Act].

  Section 111 (2) (a) BEFORE amended by 2003-52-542, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) is adopted by a vote at least 2/3 of all council members, and

  Section 111 (1) and (2) BEFORE amended by 2014-19-12, effective May 29, 2014 (Royal Assent).

(1) If it appears that a person is disqualified under section 110 and is continuing to act in office,

(a) 10 or more electors of the municipality, or

(b) the municipality,

may apply to the Supreme Court for an order under this section.

(2) As a restriction, a municipality may only make an application under subsection (1) if this is approved by a resolution that

(a) is adopted by a vote of at least 2/3 of all council members, and

(b) identifies the grounds for disqualification under section 110 which the council considers apply.

  Section 112 (1) BEFORE amended by 2023-10-79, effective March 30, 2023 (Royal Assent).

(1) A person who is subject to an application under section 111 and who considers that he or she is qualified to hold office may continue to act in office pending the determination of the Supreme Court respecting the application.

  Section 113 (1) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(1)  In the case of an application under section 111 made by a group of electors, if the court declares that the person challenged is not qualified to hold office, the municipality must promptly pay the electors' costs within the meaning of the Rules of Court.

  Part 4, Division 8, sections 113.1 and 113.2, was enacted by 2021-30-5, effective June 13, 2022 (BC Reg 135/2022).

  Section 114 (3) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  The powers, duties and functions of a municipality are to be exercised and performed by its council, except as otherwise provided by or under this or another Act, and a council, in exercising or performing its powers, duties and functions, is acting as the governing body of the municipality.

  Section 115 (e) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(e) to carry out other duties assigned by or under this or any other Act.

  Section 116 (2) (h) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(h) to carry out other duties assigned by or under this or any other Act.

  Section 119 (1.1) was added by 2008-42-3, effective May 29, 2008 (Royal Assent).

  Section 120 (1.1) was added by 2014-19-13, effective May 29, 2014 (Royal Assent).

  Section 121 (1) BEFORE amended by 2023-10-78, effective March 30, 2023 (Royal Assent).

(1) A council member may only resign his or her office by delivering a written resignation to the council at a council meeting or to the corporate officer at any time.

  Section 123 (4) BEFORE amended by 2023-10-80, effective March 30, 2023 (Royal Assent).

(4) If a council member does not indicate how he or she votes, the member is deemed to have voted in the affirmative.

  Section 124 (2) (d) BEFORE amended by 2021-16-1, effective September 29, 2021 (BC Reg 236/2021).

(d) provide for advance public notice respecting the time, place and date of council committee meetings and establish the procedures for giving that notice;

  Section 125 (5), (6) and (7) were added by 2014-19-14, effective May 29, 2014 (Royal Assent).

  Section 125 (7) BEFORE amended by 2022-15-7, effective June 2, 2022 (Royal Assent).

(7) The disqualification under subsection (5) does not apply if the absence is because of illness or injury or is with the leave of the council.

  Section 126 (1) BEFORE amended by 2023-10-81, effective March 30, 2023 (Royal Assent).

(1) The mayor may call a special council meeting in his or her discretion.

  Section 128 BEFORE re-enacted by 2021-16-2, effective September 29, 2021 (BC Reg 236/2021).

  Section 128 (2) (part) BEFORE amended by 2022-15-8, effective June 2, 2022 (Royal Assent).

(2) The following rules apply in relation to a regular council meeting referred to in subsection (1):

  Section 128.1 was enacted by 2021-16-3, effective September 29, 2021 (BC Reg 236/2021).

  Section 128.1 (2) (part) BEFORE amended by 2022-15-8, effective June 2, 2022 (Royal Assent).

(2) The following rules apply in relation to a special council meeting referred to in subsection (1):

  Section 128.2 was enacted by 2021-16-3, effective September 29, 2021 (BC Reg 236/2021).

  Section 128.3 was enacted by 2021-16-3, effective September 29, 2021 (BC Reg 236/2021).

  Section 129 (1) BEFORE amended by 2022-15-9(a), effective June 2, 2022 (Royal Assent).

(1) Subject to an order under subsection (3) or (4), the quorum is a majority of the number of members of the council provided for under section 118 [size of council].

  Section 129 (7) was added by 2022-15-9(b), effective June 2, 2022 (Royal Assent).

  Section 132 (3) (a) BEFORE amended by 2003-52-543, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) the mayor or other presiding may not vote on a motion under subsection (2),

  Section 134.1 was enacted by 2006-3-1, effective March 28, 2006 (Royal Assent).

  Section 137 (1) (a) and (b) BEFORE amended by 2008-5-73, effective March 31, 2008 (Royal Assent).

(a) the power to adopt a bylaw under this or any other Act includes the power to repeal or amend the original bylaw,

(b) the included power to amend or repeal must be exercised by bylaw and is subject to the same approval and other requirements, if any, as the power to adopt the original bylaw, and

  Section 143 (1) (b) BEFORE amended by 2003-52-544, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(b) undertake operation and enforcement in relation to the council's exercise of its regulatory authority;

  Section 143 (2) BEFORE repealed by 2012-29-50, effective May 30, 2013 (BC Reg 170/2013).

(2)  If a council adopts a bylaw under this section to establish an athletic commission consisting of at least 3 members, in addition to any delegation under section 154 [delegation of council authority], the council may, by bylaw, do one or more of the following:

(a) authorize the commission to make rules regulating professional boxing, wrestling and similar activities, contests and exhibitions;

(b) in relation to contraventions of the bylaw or rules made under it, authorize the commission to impose reasonable fines for misconduct and to prohibit those participants or persons from taking part in contests or exhibitions in the municipality for reasonable periods;

(c) whether or not a penalty has been imposed, authorize the commission to restrain, by legal action brought by the commission in its name, a person conducting a contest or exhibition or participating in it without a required permit, and for these purposes section 274 (2) [actions by municipality] applies;

(d) provide that a decision of the commission under this section is subject to appeal to the council.

  Section 145.1 was enacted by 2022-15-10, effective June 2, 2022 (Royal Assent).

  Section 145.2 was enacted by 2022-15-10, effective June 2, 2022 (Royal Assent).

  Section 153 BEFORE amended by 2023-10-82, effective March 30, 2023 (Royal Assent).

  Section 154 (5) was added by 2006-3-2, effective March 28, 2006 (Royal Assent).

  Section 155 (2) (a.1) was added by 2004-34-2, effective January 1, 2004 [retro from May 13, 2004 (Royal Assent)].

  Section 165 (3.1) was added by 2007-24-2, effective May 31, 2007 (Royal Assent).

  Section 165 (3.1) (b.1) was added by 2022-26-1, effective November 3, 2022 (Royal Assent).

  Section 169 (2) and (3) BEFORE amended by 2003-52-39, effective March 29, 2004 [coming into force of 2002-57-205].

(2)  A municipal auditor must be a person who is qualified to be the auditor of a reporting company under section 180 of the Company Act.

(3)  A municipal auditor has the power and duty to conduct the examinations necessary to prepare the reports required under this Division and, for these purposes, has the same authority in relation to the municipality as the auditor of a company under the Company Act.

  Section 171 (2) BEFORE amended by 2015-1-88, effective June 24, 2015 (BC Reg 114/2015).

(2) The report under subsection (1) must be in accordance with the form and the reporting standards recommended by the Canadian Institute of Chartered Accountants.

  Section 172 (1) (a) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) a disbursement, expenditure, liability or other transaction is not authorized by or under this or another Act, or

  Section 173 (2) and (3) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(2)  A municipality may make an expenditure that is included for that year in its financial plan, so long as the expenditure is not expressly prohibited by or under this or another Act.

(3)  A municipality may make an expenditure for an emergency that was not contemplated for that year in its financial plan, so long as the expenditure is not expressly prohibited by or under this or another Act.

  Section 174 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  A municipality may only incur a liability as expressly authorized by or under this or another Act.

  Section 176 (3) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  The Lieutenant Governor in Council may make regulations prescribing classes of liability that are imposed by or under an enactment as liabilities to which this section applies.

  Section 179 (6) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(6) A decision of the inspector refusing to approve a loan authorization bylaw may be appealed in accordance with section 1024 [appeal from inspector's decisions in relation to borrowing] of the Local Government Act.

  Section 180 (2) (b) BEFORE amended by 2004-34-3, effective July 8, 2004 [coming into force of 2003-53-84 Environmental Management Act per 2004-34-23].

(b) money borrowed for works required to be carried out under an order of the Inspector of Dikes, an order under section 32 of the Waste Management Act or an order of the minister responsible or the Lieutenant Governor in Council under the Environment Management Act;

  Section 182 (1) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(a) the financing is undertaken by the applicable regional district under section 824 [financing municipal undertakings] of the Local Government Act through the Municipal Finance Authority of British Columbia, and

  Section 182 (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(3) In relation to regional district financing under section 824 of the Local Government Act after giving consent under subsection (2) of this section, the municipal loan authorization bylaw is the regional district's authority to proceed under that section and must not be amended or repealed without the consent of the board.

  Section 184 (2) and (3) BEFORE amended by 2009-13-195,Sch 1, effective March 31, 2014 (BC Reg 148/2013).

(2) If, in the opinion of a council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the municipality, the council may apply to the Supreme Court for an order under subsection (3).

(3) On an application under subsection (2), the Supreme Court may vary the terms or trusts as the court considers will better further both the intention of the donor, settlor, transferor or testator and the best interests of the municipality.

  Section 186 BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

  Section 187 BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

  Section 188 (2) (d) BEFORE amended by 2008-23-1, effective May 29, 2008 (Royal Assent).

(d) money received under section 906 (3) [parking space requirements] of the Local Government Act, which must be placed to the credit of a reserve fund for the purpose of providing off-street parking spaces;

  Section 188 (2) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(a) money received from the imposition of a development cost charge, which must be placed to the credit of a reserve fund in accordance with section 935 [use of development cost charges] of the Local Government Act;

  Section 188 (2) (b) (iii) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(iii) under section 941 (12) [provision of park land on subdivision] of the Local Government Act,

  Section 188 (2) (d) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(d) money received under section 906 (2) [parking space requirements] of the Local Government Act, which must be placed to the credit of a reserve fund for the purpose of providing

  Section 188 (2) (a.1) was added by 2023-46-15, effective November 30, 2023 (Royal Assent).

  Section 188 (2) (c.1), (c.2), (c.3) and (d.1) were added by 2024-11-3, effective April 25, 2024 (Royal Assent).

  Section 189 (4.1) and (4.2) were added by 2004-34-4, effective September 10, 2004 (BC Reg 407/2004).

  Section 189 (4.1) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(a) money in a reserve fund established for a capital purpose, including a reserve fund under section 935 of the Local Government Act established for a capital purpose, is not currently required for that purpose, and

  Section 189 (5) BEFORE amended by 2023-46-16, effective November 30, 2023 (Royal Assent).

(5) As a restriction on subsections (2) and (3), a council may not transfer amounts or use money from a fund required under section 188 (2) (a) [development cost charge reserve fund] or (b) [park land acquisition reserve fund] unless the bylaw is approved by the minister.

  Section 189 (5) (d), (e), (f) and (g) were added by 2024-11-4, effective April 25, 2024 (Royal Assent).

  Section 191 (3) BEFORE amended by 2014-19-15, effective May 29, 2014 (Royal Assent).

(3) In addition to any other penalty to which the person may be liable, a council member who is liable to the municipality under subsection (1) is disqualified from holding local government office for the period established by section 110 (2).

  Section 191 (2) BEFORE amended by 2016-5-47,Sch 9, effective March 10, 2016 (Royal Assent).

(2) As an exception, subsection (1) does not apply if the council member relied on information provided by a municipal officer or employee and the officer or employee was guilty of dishonesty, gross negligence or malicious or willful misconduct in relation to the provision of the information.

  Part 6, Division 6, sections 191.1 and 191.2, was enacted by 2021-16-4, effective July 11, 2021.

  Section 192 (g) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(g) revenues raised by other means authorized by or under this or another Act;

  Section 192 (e) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(e) taxes under section 353 [taxation of utility company property] of the Local Government Act;

  Section 193 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  A municipality may not impose fees or taxes except as expressly authorized by or under this or another Act.

  Section 194 (2) (d) and (e) were added by 2004-34-5, effective January 1, 2004 [retro from May 13, 2004 (Royal Assent)].

  Section 194 (2) (c) BEFORE amended by 2014-19-16, effective May 29, 2014 (Royal Assent).

(c) establish fees for obtaining copies of documents that are available for public inspection;

  Section 194 (3) BEFORE amended by 2014-19-16, effective May 29, 2014 (Royal Assent).

(3) As exceptions, a council may not impose a fee under this section

(a) in relation to Part 3 [Electors and Elections] or 4 [Other Voting] of the Local Government Act, or

(b) in relation to any other matter for which this or another Act specifically authorizes the imposition of a fee.

  Section 194 (3.1) was added by 2014-19-16, effective May 29, 2014 (Royal Assent).

  Section 195 (3) BEFORE repealed by 2014-14-27, effective May 29, 2014 (Royal Assent).

(3) A bylaw under subsection (1) has no effect until it is approved by the minister.

  Section 197 (3.1) was added by 2007-24-3, effective May 31, 2007 (Royal Assent).

  Section 197 (4) (b) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) the relationships between the different property class rates must be the same as the relationships established under subsection (3) unless otherwise required by or under this or another Act.

  Section 198 (1) BEFORE amended by 2019-7-2(a), effective April 11, 2019 (Royal Assent).

(1) Instead of imposing tax rates on the assessed value of land, an annual property tax bylaw may impose rates applicable to one or more property classes by assessment averaging or assessment phasing in accordance with the regulations under subsection (2).

  Section 198 (1.1) was added by 2019-7-2(b), effective April 11, 2019 (Royal Assent).

  Section 198.1 was enacted by 2022-26-2, effective November 3, 2022 (Royal Assent).

  Section 201 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  Unless otherwise permitted by or under this or another Act, a parcel tax under this Division must be imposed on all parcels within the municipality, other than those that are exempt from the tax.

  Section 204 (2) BEFORE amended by 2022-15-11(a), effective June 2, 2022 (Royal Assent).

(2) For the purposes of this Division, the council must

(a) appoint at least 3 persons as the members of the parcel tax roll review panel,

(b) establish the time and place for the sitting of the panel, and

(c) have advance notice of the time and place published in accordance with section 94 [public notice].

  Section 204 (2.1) was added by 2022-15-11(b), effective June 2, 2022 (Royal Assent).

  Section 204 (3) (c) BEFORE amended by 2022-15-11(c), effective June 2, 2022 (Royal Assent).

(c) the time and place of the first sitting of the review panel, and

  Section 204 (3) (c.1) was added by 2022-15-11(d), effective June 2, 2022 (Royal Assent).

  Section 205 (5), (6) and (7) BEFORE amended by 2022-15-12, effective June 2, 2022 (Royal Assent).

(5) The notice under subsection (4) must state

(a) the intention of the parcel tax roll review panel, and

(b) the time and place set for the panel to give its direction.

(6) The following sections of the Assessment Act apply to a parcel tax roll review panel:

section 32 (3), (4) and (5) [complaints by local government or assessor];

section 33 (3) [contents of notice of complaint];

section 35 (1) (b) and (c) and (2) [notice of hearing to complainant];

section 36 [daily schedule of review panel];

section 37 [notice of withdrawal of complaint];

section 38 (2) (a), (7) and (9) [review panel procedures];

section 40 [burden of proof].

(7) For the purposes of subsection (6), a reference in those sections to a review panel is deemed to be a reference to a parcel tax roll review panel and a reference to an assessor is deemed to be a reference to the collector.

  Section 205.1 was enacted by 2022-15-13, effective June 2, 2022 (Royal Assent).

  Section 208 (3) (part) BEFORE amended by 2021-30-6, effective February 28, 2022 (BC Reg 17/2022).

(3) In each year after the first year in which a parcel tax is imposed, the municipality must publish in a newspaper a notice indicating the following:

  Section 213 (3) BEFORE amended by 2003-66-26, effective March 12, 2004 (BC Reg 96/2004).

(3)  For the purposes of subsection (1) (b), the corporate officer must mail the notice to the applicable address as set out in the last authenticated assessment roll.

  Section 213 (4.1) was added by 2021-30-7, effective February 28, 2022 (BC Reg 17/2022).

  Section 215 (1) of the definition "business promotion scheme", paragraph (b) BEFORE amended by 2003-52-545, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(b) improving, beautifying or maintaining streets, sidewalks or municipally owned land, buildings or structures in one or more business improvement areas,

  Section 220 (1) (q) BEFORE amended by 2003-52-41(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(q) sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminators;

  Section 220 (1) (g) BEFORE amended by 2004-35-82, effective July 4, 2004 (BC Reg 274/2004).

(g) the land of a cemetery under the Cemetery and Funeral Services Act actually used and occupied for the interment of the dead or designated as an approved interment area by the registrar under that Act, together with the improvements included as part of the cemetery under that Act, other than

(i)  funeral homes within the meaning of that Act,

(ii)  crematoriums within the meaning of that Act, and

(iii)  premises, or that part of premises, used primarily for the sale of cemetery services or funeral services within the meaning of that Act;

  Section 220 (1) (g) (i) BEFORE amended by 2004-51-1, effective July 4, 2004 [on coming into force of 2004-35 Cremation, Interment and Funeral Services Act].

(i)  premises used for the provision of funeral services within the meaning of that Act,

  Section 220 (1) (n) BEFORE amended by 2012-2-3(a), effective September 1, 2012 (BC Reg 138/2012).

(n) improvements, other than dwellings and the fixtures, machinery and similar things mentioned in paragraph (o), erected on farm land and used exclusively to operate a farm, up to but not exceeding an assessed value of $50 000;

  Section 220 (1) (n) (i) and (ii) were added by 2012-2-3(b), effective September 1, 2012 (BC Reg 138/2012).

  Section 220 (1) (l) BEFORE amended by 2015-31-1, effective November 17, 2015 (Royal Assent).

(l) a building owned by an incorporated institution of learning that is regularly giving children instruction accepted as equivalent to that given in a public school, in actual occupation by the institution and wholly in use for the purpose of giving the instruction, together with the land on which the building stands;

  Section 220 (1) (e) and (f) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(e) land, improvements or both of an Indian, in a municipality incorporated under section 12 (1) of the Local Government Act, who is an owner under the letters patent, except for taxation under section 197 (1) (a) [municipal property taxes];

(f) land, improvements or both in a municipality, other than a municipality incorporated under section 12 (1) of the Local Government Act, that

  Section 220 (1) (p) BEFORE amended by 2023-37-196, effective November 8, 2023 (Royal Assent).

(p) an improvement designed, constructed or installed to provide emergency protection for persons or domestic animals in the event of a disaster or emergency within the meaning of the Emergency Program Act;

  Section 221 (1) definition of "final determination under the Assessment Act" BEFORE amended by 2003-66-27, effective March 12, 2004 (BC Reg 96/2004).

"final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by supplementary assessment roll, by correction of a property assessment review panel, on complaint to a property assessment review panel or on further appeal;

  Section 221 (3) (a) BEFORE amended by 2007-13-51, effective September 24, 2007 (BC Reg 292/2007).

(a) the portion that the assessment commissioner, in his or her discretion, determines is attributable to the use of pollution abatement for that taxation year, subject to final determination under the Assessment Act;

  Section 221.1 was enacted by 2004-28-1, effective December 31, 2003 [retro from April 29, 2004 (Royal Assent)].

  Section 222 (1) (b) BEFORE amended by 2012-2-4, effective September 1, 2012 (BC Reg 138/2012).

(b) that was, immediately before the incorporation or inclusion, exempt from taxation because of section 15 (1) (f) of the Taxation (Rural Area) Act but that, after the incorporation or inclusion, is not exempt from taxation under this Act.

  Section 223 (1) (a) BEFORE amended by 2003-52-546, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) prescribed industrial or business improvements;

  Section 223 (1) (a.1) was added by 2003-52-546, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 224 (1) BEFORE amended by 2003-52-42(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(1)  A council may, by bylaw in accordance with this section, exempt land or improvements, or both, referred to in subsection (2) or (3) from taxation under section 197 (1) (a) [municipal property taxes], to the extent, for the period and subject to the conditions provided in the bylaw.

  Section 224 (2) (j) BEFORE amended by 2004-67-2, effective October 21, 2004 (Royal Assent).

(j) land or improvements owned or held by a person or organization and operated as a private hospital licensed under the Hospital Act or an institution licensed under the Community Care Facility Act;

  Section 224 (6) BEFORE amended by 2007-13-52, effective September 24, 2007 (BC Reg 292/2007).

(6)  If only a portion of a parcel of land is exempt under this section, the bylaw under this section must include a description of the land that is satisfactory to the assessment commissioner.

  Section 224 (2) (h) BEFORE amended by 2015-31-2(a), effective November 17, 2015 (Royal Assent).

(h) in relation to property that is exempt under section 220 (1) (i) [seniors' homes], (j) [hospitals] or (l) [private schools], any area of land surrounding the exempt building;

  Section 224 (2) (h.1) was added by 2015-31-2(b), effective November 17, 2015 (Royal Assent).

  Section 224 (5) BEFORE amended by 2015-31-2(c), effective November 17, 2015 (Royal Assent).

(5) Subsection (4) (a) and (b) does not apply in relation to exemptions under subsection (2) (f) and (h).

  Section 225 (2) (d) BEFORE amended by 2004-35-83, effective July 4, 2004 (BC Reg 274/2004).

(d) eligible cemetery property, being land held for cemetery purposes;

  Section 225 (2) (b) (ii) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(ii) subject to a heritage revitalization agreement under section 966 of the Local Government Act,

  Section 226 BEFORE re-enacted by 2007-24-4, effective May 31, 2007 (Royal Assent).

  Section 227 (3) BEFORE amended by 2007-24-5, effective May 31, 2007 (Royal Assent).

(3)  In the case of a bylaw under section 226 (4) [revitalization tax exemption program bylaw], the notice under subsection (1) must

(a) identify the designated area for the program,

(b) describe the reasons for and the objectives of the program,

(c) describe how the proposed program is intended to accomplish the objectives, and

(d) state the maximum term of exemptions that may be provided under the program.

  Section 232.1 was enacted by 2013-4-1, effective March 14, 2013 (Royal Assent).

  Section 237 (1) BEFORE amended by 2013-4-2(a), effective March 14, 2013 (Royal Assent).

(1)  Each year a municipality must mail a tax notice in accordance with this section to each owner of property subject to tax under this Act.

  Sections 237 (3) and (5) BEFORE amended and (5.1) and (5.2) were added by 2013-4-2(b), effective March 14, 2013 (Royal Assent).

(3)  The tax notice must include or have enclosed with it an application for a grant under the Home Owner Grant Act.

(5)  For the purposes of this section, the tax notice is to be mailed to the owner or other person at the address on the assessment roll.

  Section 237 (4) BEFORE amended by 2013-4-2(c), effective March 14, 2013 (Royal Assent).

(4)  A tax notice under this section must also be mailed to each holder of a registered charge in relation to the property whose name is included on the assessment roll.

  Section 237 (3) BEFORE amended by 2021-4-52, effective July 15, 2021 (BC Reg 197/2021).

(3) A municipality must include with the tax notice an application for a grant under the Home Owner Grant Act.

  Section 238 BEFORE re-enacted by 2013-4-3, effective March 14, 2013 (Royal Assent).

  Section 244 (1) (d.1) was added by 2007-8-9, effective December 31, 2006 [retro from March 29, 2007 (Royal Assent)].

  Section 248 (1) (part) BEFORE amended by 2013-4-4(a), effective March 14, 2013 (Royal Assent).

(1)  No later than the date on which the tax notice under section 237 [general tax notices] is mailed, the collector must mail a statement of the amount of the taxes in arrear and of delinquent taxes to each assessed owner of

  Section 248 (2) BEFORE amended by 2013-4-4(b), effective March 14, 2013 (Royal Assent).

(2)  A statement under subsection (1) must also be mailed to each holder of a registered charge in relation to the property whose name is included on the assessment roll.

  Section 248 (4) was added by 2013-4-4(c), effective March 14, 2013 (Royal Assent).

  Section 248 (1) (b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(b) property sold by tax sale under the Local Government Act, but remaining subject to redemption under section 417 [redemption by owner] of that Act.

  Section 254 BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

  Section 260 (2) BEFORE amended by 2003-60-30(a), effective May 3, 2004 (BC Reg 175/2004).

(2)  Without limiting the available remedies, the authority of a municipality to deal with a contravention of a bylaw includes the following:

  Section 260 (2) (b.1) was added by 2003-60-30(b), effective May 3, 2004 (BC Reg 175/2004).

  Section 260 (5) was added by 2003-60-30(c), effective May 3, 2004 (BC Reg 175/2004).

  Section 263 (1) (b) BEFORE amended by 2020-1-4, effective March 5, 2020.

(b) a maximum fine of up to $10 000;

  Section 263.1 was added by 2003-60-31, effective January 1, 2005 (BC Reg 175/2004).

  Section 263.1 (1) (part) BEFORE amended by BC Reg 337/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 337/2006).

(1)  If a person is convicted of an offence

(a) under subsection (3), or

(b) against a municipal bylaw in a prosecution commenced by an information in Form 2 under the Offence Act,

in addition to the penalty under subsection (3) or established in accordance with section 261, the court, having regard to the nature of the offence and the circumstances surrounding its commission, may make an order

  Section 265 (2) (a) BEFORE amended by 2007-6-1(a), effective August 1, 2007 (BC Reg 189/2007).

(a) is paid on or before the 30th day from the date on which the notice in served under section 266 [laying information and serving ticket], or

  Section 265 (2) (b) BEFORE amended by 2007-6-1(b), effective August 1, 2007 (BC Reg 189/2007).

(b) is paid after that date.

  Section 265 (2) (a) BEFORE amended by 2021-30-8, effective November 25, 2021 (Royal Assent).

(a) is paid on or before the 30th day from the date on which the ticket is served under section 266 [laying information and serving ticket], or

  Section 269 (6) BEFORE amended by 2007-6-2, effective August 1, 2007 (BC Reg 189/2007).

(6)  If a person who is served with a ticket has

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

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

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 269 (4) (part) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

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

  Section 270 (2) BEFORE amended by 2007-6-3(a), effective August 1, 2007 (BC Reg 189/2007).

(2)  If a person is deemed under subsection (1) to have not disputed a charge, a justice must examine the ticket and proceed as follows:

(a) if the ticket is complete and regular on its face, the justice must

(i)  convict the person in the person's absence and without a hearing, and

(ii)  impose the fine established under section 265 [penalties in relation to ticket offences] for the offence charged;

(b) if the ticket is not complete and regular on its face, the justice must quash the proceeding.

  Section 270 (3) BEFORE amended by 2007-6-3(b), effective August 1, 2007 (BC Reg 189/2007).

(3)  Nothing in subsection (1) or (2) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.

  Section 271 (2) BEFORE amended by 2007-6-4, effective August 1, 2007 (BC Reg 189/2007).

(2)  If a person is deemed under subsection (1) to have not disputed the charge, a justice, on being satisfied that the conditions set out in that subsection have been met, must examine the ticket and proceed in accordance with section 270 (2) [procedure if person fails to appear at hearing].

  Section 271 (3) BEFORE repealed by 2007-6-4, effective August 1, 2007 (BC Reg 189/2007).

(3)  The conditions set out in subsection (1) may be proved to the satisfaction of the justice by oral evidence given under oath or by affidavit in the prescribed form.

  Section 273 (g) BEFORE amended by 2007-6-5, effective August 1, 2007 (BC Reg 189/2007).

(g) prescribing the form of affidavits for the purposes of sections 271 (3) [failure to respond to ticket] and 272 (4) [time extensions if person not at fault in failing to respond to ticket];

  Section 274 (3) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  The authority under subsection (1) is in addition to any other remedy or penalty provided by or under this Act or the Local Government Act and may be exercised whether or not a penalty has been imposed for the contravention.

  Section 274 (2) (c) (i) BEFORE amended by 2010-6-32, effective July 1, 2010.

(i)  before the end of the time limit for appearance by the defendant, or

  Section 276 (3) BEFORE amended by 2003-52-547, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  The minister responsible must consider any comments provided by the representatives under this section and, if requested by them, must respond to the those comments.

  Section 276 (1) (b) BEFORE amended by 2014-19-17, effective May 29, 2014 (Royal Assent).

(b) proposes the amendment or repeal of this Act, the Local Government Act or the Local Government Grants Act, or

  Section 279 (part) BEFORE amended by 2008-42-4, effective May 29, 2008 (Royal Assent).

  Section 279 (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(a) a vote has been taken in accordance with section 8 of the Local Government Act separately in each of the existing municipalities, and

  Section 280 (2) BEFORE amended by 2012-2-5, effective March 15, 2012 (Royal Assent).

(2)  Despite any other Act, the responsible authority may, by regulation, provide exemptions from an approval requirement.

  Section 281 (1) (a) BEFORE amended by 2003-52-548(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) provide a power, including a power to regulate, prohibit or require;

  Section 281 (2) (d) BEFORE amended by 2003-52-548(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(d) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors.

  Section 281 (1) (part) BEFORE amended by 2010-6-101, effective June 3, 2010 (Royal Assent).

(1)  Despite any other Act, the Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified municipality or a described class of municipalities:

  Section 282 (2) (b.1) was added by 2023-32-41, effective October 26, 2023 (Royal Assent).

  Section 288 (b) and (c) BEFORE amended by 2023-10-83, effective March 30, 2023 (Royal Assent).

(b) subject to any applicable regulations, the arbitrator may conduct the proceedings at the times and in the manner he or she determines;

(c) the matter will be as settled by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues;

  Schedule, section 1 definitions of "alternative approval process", "general bylaw" and "intermunicipal watercourse" BEFORE amended by 2003-52-549, effective January 1, 2004 (BC Reg 465/2003).

"alternative approval process" means the process for obtaining approval of the elections established by section 86 [alternative approval process];

"general bylaw" means a bylaw referred to in section 138 (2) [municipal codes and other general bylaws];

"intermunicipal watercourse" means

(a) a natural stream or watercourse that forms the boundary between, or runs through, more than one municipality, or

(b) a stream or watercourse referred to in section 548 (1) [regional district equivalent] of the Local Government Act;

"local authority" means

(a) a municipality, including the City of Vancouver,

(b) a regional district,

(c) the trust council, a local trust committee and the trust fund board within the meaning of the Islands Trust Act,

(d) a greater board,

(e) an improvement district, and

  Schedule, section 1 definition of "local authority", paragraph (f) BEFORE amended by 2003-52-549, effective January 1, 2004 (BC Reg 465/2003).

(f) any other local body prescribed by regulation as a local authority for the purposes of one or more provisions of this Act;

  Schedule, section 1 definition of "Provincial arterial highway" BEFORE amended by 2004-44-99, effective December 31, 2004 (BC Reg 547/2004).

"Provincial arterial highway" means a highway that is classified as an arterial highway under the Highway Act;

  Schedule, section 1 definition of "farm land" BEFORE amended by 2007-13-54, effective May 31, 2007 (Royal Assent).

"farm land" means land classified as farm land by the assessor;

  Schedule, section 1 definition of "assessment commissioner" BEFORE repealed by 2007-13-53, effective September 24, 2007 (BC Reg 292/2007).

"assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act;

  Schedule, section 1 definition of "business" BEFORE amended by 2007-41-61, effective November 30, 2007 (BC Reg 399/2007).

"business" means

(a) carrying on a commercial or industrial activity or undertaking of any kind, and

(b) providing professional, personal or other services for the purpose of gain or profit,

but does not include an activity carried on by the Provincial government, by corporations owned by the Provincial government, by agencies of the Provincial government or by the Greater Vancouver Transportation Authority or any of its subsidiaries.

  Schedule, section 1 definition of "net taxable value" BEFORE amended by 2007-36-50, effective April 3, 2009 (BC Reg 55/2009).

"net taxable value", in relation to land or improvements or both, means net taxable value of land or improvements or both, as applicable, for regional hospital district purposes;

  Schedule, section 1 definition of "Provincial arterial highway" BEFORE amended by 2010-21-224, effective July 30, 2010 (BC Reg 245/2010).

"Provincial arterial highway" means a highway that has been designated as an arterial highway under the Transportation Act;

  Schedule, section 1 definition of "Provincial building code" BEFORE repealed by 2015-2-50, effective September 18, 2015 (BC Reg 172/2015).

"Provincial building code" means the Provincial building code under section 692 (1) of the Local Government Act;

  Schedule, section 1 definition of "Provincial building regulations" BEFORE amended by 2015-2-50, effective September 18, 2015 (BC Reg 172/2015).

"Provincial building regulations" means the Provincial building code and other regulations under section 692 (1) of the Local Government Act;

  Schedule, section 1 definitions of "inspector", "intermunicipal watercourse", "owner", and "tax sale" BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

"inspector" means the Inspector of Municipalities under section 1019 of the Local Government Act;

"intermunicipal watercourse" means

(a) a natural stream or watercourse that forms the boundary between, or runs through, more than one municipality, or

(b) a stream or watercourse referred to in section 548 [regional district equivalent] of the Local Government Act;

"owner" means, in respect of real property,

(a) the registered owner of an estate in fee simple,

(b) the tenant for life under a registered life estate,

(c) the registered holder of the last registered agreement for sale,

(d) the holder or occupier of land held in the manner referred to in section 228 [taxation of Crown land used by others] or section 229 [taxation of municipal land used by others], and

(e) an Indian who is an owner under the letters patent of a municipality incorporated under section 12 [incorporation of reserve residents as a village] of the Local Government Act;

"tax sale" means a tax sale under Part 11 [Municipal Tax Collection] of the Local Government Act;

  Schedule, section 1 definition of "aquifer" was added by 2014-15-148, effective February 29, 2016 (BC Reg 35/2016).

  Schedule, section 1 definition of "stream" BEFORE amended by 2014-15-148, effective February 29, 2016 (BC Reg 35/2016).

"stream" means a stream within the meaning of the Water Act;

  Schedule, section 1 definition of "local authority", paragraph (c), BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).

(c) the trust council, a local trust committee and the trust fund board within the meaning of the Islands Trust Act,

  Schedule, section 1 definition of "parcel tax roll review panel" BEFORE amended by 2022-15-14, effective June 2, 2022 (Royal Assent).

"parcel tax roll review panel" means the parcel tax roll review panel under section 204;

  Schedule, section 2 BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].