Section 7G BEFORE amended by 2023-10-679, effective March 30, 2023 (Royal Assent).
Qualification of voters
7G Notwithstanding the provisions of the Municipal Act, any person who was a resident in, or the owner of land in, the District of Gold River, the District of Mackenzie, the District of Port Alice, or the Village of Fraser Lake, as the case may be, one month prior to the thirty-first day of October, 1967, was qualified to have his name entered upon the list of electors of the relevant municipality provided he was otherwise qualified.
1968-35-2.
Section 10C (1) (b) BEFORE amended by 2023-10-680, effective March 30, 2023 (Royal Assent).
(b) for the purpose of constructing lateral sewerage-works for the collection, conveyance, and disposal of sewage, including, without limiting the generality of the foregoing, such manholes and connecting drains as it deems necessary; and the amount required annually for the retirement of debt (including principal and interest) incurred for such works may be raised by the imposition of rates and charges pursuant to section 532 of the Municipal Act;
Section 10D (6) (b) BEFORE amended by 2023-10-681(a), effective March 30, 2023 (Royal Assent).
(b) certified by the Chairman of the Board of Variance where an adjudication made pursuant to subsection (3) has upheld in whole or in part the Corporation's application, and that no undue hardship is caused thereby;
Section 10D Schedule, Parts I and II, BEFORE amended by 2023-10-681(b), effective March 30, 2023 (Royal Assent).
| Part I.— Rights on, over, or under Lands to Be Used for the Utilities |
| For the Corporation by its servants, agents, licensees, and workmen to enter and re-enter upon the said lands and to cut down, trim, and remove trees, shrubs, plants, fences, buildings, and other improvements and things growing, placed, constructed, or otherwise upon the said lands and to construct, repair, replace, maintain, and keep up sewers, drains, water and gas mains, electric, communication, and telephone lines, and other public utilities, and all works and things required in connection therewith. |
| Part II.— Rights on, over, and under Lands Required for Access to the Utilities |
| For the Corporation by its servants, agents, licensees, or workmen to enter and re-enter and pass and repass on and over the said lands with or without vehicles, machinery, instruments, and tools for the purpose of exercising the rights set forth in Part I of this Schedule. |
Section 22 BEFORE amended by 2023-10-682, effective March 30, 2023 (Royal Assent).
Management of toll-bridge
22 For the management of such bridge there shall be appointed a Board consisting of three persons, who shall serve without remuneration, one of whom shall be the Mayor for the time being of the city, who shall be the Chairman of the Board, and two other persons, not being members of the Council, but who are owner-electors of the city, appointed by the Council, subject to the following conditions:—
(a) The appointments, other than the Mayor, shall be for a term of two years, or until a successor is appointed:
(b) In making the first appointment the Council shall appoint one person for a two-year term and the other for a one-year term:
(c) Upon the death or resignation of a member of the Board, or on his ceasing to be an owner-elector, or, being a city officer or other employee, on his ceasing to be employed by the city, his term shall determine, and the Council shall forthwith appoint a successor who shall serve for the unexpired term of such member:
(d) The Council may reappoint for a further term or terms a person whose term shall have expired.
1959-57-3.
Section 44 (1) (part) and (2) BEFORE amended by 2023-10-683, effective March 30, 2023 (Royal Assent).
(1) Every determination of the Commissioner under section 43 is final and binding, and the deposit of a map or plan in the New Westminster Land Titles Office delineating the matters determined and defined under section 43 and certified as correct by the Commissioner operates as a conveyance of any of the said lands and works thereon and therein to the Corporation, and the Corporation is entitled to be registered as the owner of the lands in fee-simple, free from any charge or encumbrances thereon, save and except those in favour of the Crown; and the Registrar of Titles, upon being satisfied that the map or plan has been properly certified and deposited, may, without production of the former certificate or duplicate certificate of title, register the title claimed by the Corporation in the register of titles; and upon the similar certification and deposit of a map or plan delineating the easements and rights-of-way, the municipality is entitled to have registered in its favour a charge upon the lands affected for the following purposes and including the full, free, and uninterrupted right, liberty, and right-of-way for the Corporation, its licensees, assigns, servants, officials, and workmen, at all times thereafter by night and day and at their will and leisure for the benefit of the Corporation:—
(2) No person shall be deprived of the right of title to any foreshore to which but for the operation of this Act he would have otherwise been entitled.
Section 60 BEFORE amended by 2023-10-685, effective March 30, 2023 (Royal Assent).
By-law to require voter to vote for as many candidates as there are vacancies
60 Notwithstanding any law to the contrary, the Council of The Corporation of the Township of Chilliwhack may by by-law require that each elector in the exercise of his franchise at any poll for the election of Councillors or School Trustees, as the case may be, in that municipality shall vote for as many candidates as there are vacancies to be filled, and any such by-law shall provide that every ballot not so marked shall be deemed to be a rejected ballot.
1957-42-753.
Section 75 (4) BEFORE amended by 2023-10-686, effective March 30, 2023 (Royal Assent).
(4) Every person who either by himself or with any other person or persons is the proprietor, operator, or other person having the care, control, or management of any barber-shop in the said City of Victoria shall close and keep the same closed for the serving of customers, or cause the same to be closed and kept closed for the serving of customers, in accordance with the requirements and provisions in that behalf contained and set forth in this section.
Section 83 (1) (c) and (d) BEFORE amended by 2023-10-687(a), effective March 30, 2023 (Royal Assent).
(c) including within the municipality the area of North Campbell River Waterworks District, if, prior to the thirty-first day of December, 1967,
(i) he is so requested by the Trustees of the District; and
(ii) at least three-fifths of the qualified owners of real property in the district who vote on the question are in favour of their lands being so included;
(d) including within the municipality the area of Quinsam Heights Waterworks District, if, prior to the thirty-first day of December, 1967,
(i) he is so requested by the Trustees of the District; and
(ii) at least three-fifths of the qualified owners of real property in the district who vote on the question are in favour of their lands being so included.
Section 83 (2) BEFORE amended by 2023-10-687(b), effective March 30, 2023 (Royal Assent).
(2) The form of petition referred to in clauses (a) and (b) of subsection (1) shall be prepared by the Clerk forthwith upon the written request of at least five resident owners of real property in the said area, and he shall cause a notice stating that the petition is available for signature to be published in a newspaper circulating in the municipality at least twice prior to the thirtieth day of April, 1965, the first notice being published not less than ten days from the time of the written request aforesaid.
Section 100 (1) (b) BEFORE amended by 2023-10-688, effective March 30, 2023 (Royal Assent).
(b) for the purpose of constructing systems of lateral sewerage works for the collection, conveyance, and disposal of sewage, including, without limiting the generality of the foregoing, such manholes and connecting drains as it deems necessary, and the total amount to be raised annually for the retirement of debt, including principal and interest, incurred for such works may be levied and raised by a mill rate on the taxable assessed values for general purposes of land and improvements of all real property within the area to be benefited as described in clause (a);
Section 100A (6) (b) BEFORE amended by 2023-10-689(a), effective March 30, 2023 (Royal Assent).
(b) certified by the Chairman of the Zoning Board of Appeal where an adjudication made pursuant to subsection (2) has upheld in whole or in part the Corporation's application, and that no undue hardship is caused thereby,
Section 100A Schedule, Parts I and II, BEFORE amended by 2023-10-689(b), effective March 30, 2023 (Royal Assent).
| Part I.— Rights on, over, or under Lands to Be Used for the Utilities |
| For the Corporation by its servants, agents, licensees, and workmen to enter and re-enter upon the said lands and to cut down, trim, and remove trees, shrubs, plants, fences, buildings, and other improvements and things growing, placed, constructed, or otherwise upon the said lands and to construct, repair, replace, maintain, and keep up sewers, drains, water and gas mains, electric, communication, and telephone lines, and other public utilities, and all works and things required in connection therewith. |
| Part II.— Rights on, over, or under Lands Required for Access to the Utilities |
| For the Corporation by its servants, agents, licensees, or workmen to enter and re-enter and pass and repass on and over the said lands with or without vehicles, machinery, instruments, and tools for the purpose of exercising the rights set forth in Part I of this Schedule. |
Section 101A BEFORE amended by 2023-10-690, effective March 30, 2023 (Royal Assent).
Qualification for office
101A Notwithstanding any provision of the Municipal Act, a person who owned real property which has been acquired from him by the Regional District of East Kootenay for purposes of the urban renewal scheme pursuant to the Agreement dated the twenty-sixth day of April, 1967, between Central Mortgage and Housing Corporation and the regional district, is qualified to be nominated, elected, and to hold office as a member of the Council of the District of Sparwood so long as he remains in occupation of the property so acquired, provided that he is otherwise qualified.
1968-35-2.
Section 103 (4) (e) BEFORE amended by 2023-10-691, effective March 30, 2023 (Royal Assent).
(e) Notwithstanding anything contained in any Act, no Returning Officer or other person shall proclaim or publicly or otherwise declare or divulge the result of the submission of the question until he has been advised by the Secretary of the water district that voting has been completed in all member municipalities and in all areas aforesaid.
Section 106 BEFORE amended by 2023-10-692, effective March 30, 2023 (Royal Assent).
Removal of restriction
106 The City of Vancouver may convey or surrender to the Crown in right of the Province, free of any trust attaching thereto, the lands comprising Blocks A and B of Lot 90, Hastings Townsite, Suburban Lands in the District of New Westminster, which comprise 0.517 acre and are shown on Plan 15, Tube 835, on file in the Ministry of Lands, Parks and Housing; and on their being so conveyed or surrendered the said lands shall vest in the Crown, and the Crown may dispose thereof free and discharged from any trust or other obligation, and the Registrar of Titles shall, upon production of a copy of this Act and compliance with the Land Titles Act, amend his registers and records accordingly.
1968-35-2; 1977-75-64; 1978-25-332; 1979-20-14.
Section 140 (2) (i) and (j) BEFORE amended by 2023-10-694, effective March 30, 2023 (Royal Assent).
(i) The Commissioner shall complete his investigation and report without undue delay and, in any case, within a period of six months from the date of his appointment or such further period as the Minister of Municipal Affairs and Housing, in his discretion, may decide:
(j) The Commissioner shall report his findings to the Minister of Municipal Affairs and Housing and concurrently forward a copy of his report to the District of Surrey and to the City of White Rock, and the content of the report shall not be disclosed by the Commissioner to any other party:
Section 141 (4) BEFORE amended by 2023-10-695, effective March 30, 2023 (Royal Assent).
(4) Every lessee has the right to appeal the assessment on his demised lands, and for this purpose the provisions of the Vancouver Charter and the Assessment Equalization Act relating to appeals shall apply mutatis mutandis.
Section 153 BEFORE amended by 2023-10-696, effective March 30, 2023 (Royal Assent).
Reduction in area
153 Notwithstanding the provisions of Part I of the Municipal Act, the Lieutenant-Governor in Council may, upon the recommendation of the Minister, by supplementary Letters Patent, reduce the area of the District of Hudson's Hope so that the area excluded by such reduction reverts to unorganized territory, and he may in the supplementary Letters Patent change the status of the district to a village and impose such conditions as he considers proper.
1970-34-3.
Section 198 (4) BEFORE amended by 2023-10-697, effective March 30, 2023 (Royal Assent).
(4) This section, excepting this subsection and subsection (5), comes into force on a day to be fixed by the Lieutenant-Governor by his Proclamation, and he may fix different dates for the coming into force of the several provisions of this section.
Section 201 (1) (part) BEFORE amended by 2023-10-698, effective March 30, 2023 (Royal Assent).
(1) Upon the request of the Regional Board of the Thompson-Nicola Regional District, a Committee shall be established consisting of the Mayors of the City of Kamloops, the Town of Valleyview, the District of Brocklehurst and the District of Dufferin and the Chairman of the B.C. Fruitlands Irrigation District to investigate and make recommendations on whether and on what terms and conditions the regional district should provide the following works and services for the area comprising the above-named municipalities and improvement districts:
Section 207 (b) and (c) BEFORE amended by 2023-10-699, effective March 30, 2023 (Royal Assent).
(b) from the date of the adoption of the by-law, impose upon the owner of real property either
(i) a uniform parcel tax being an equal levy in dollars on each parcel of land within the said area; or
but the uniform parcel tax under paragraph (i), or the frontage tax under paragraph (ii), may be waived or reduced in respect of real property, any present or previous owner of which
(iii) has constructed at his own expense any portion of the sewerage system of the municipality; or
(iv) has paid all debt and debt charges, including interest, in respect of that portion of the sewerage system of the municipality that serves the real property; and
(c) impose a connection charge upon owners of real property for the privilege of connecting the real property to the municipal sewerage system; but, in the by-law, provision shall be made whereby the connection charge may be waived or reduced in respect of real property, any present or previous owner or present occupier of which has constructed at his own expense a sewerage disposal system for that real property.
Section 208 (3) BEFORE amended by 2023-10-700, effective March 30, 2023 (Royal Assent).
(3) Where a by-law has been adopted pursuant to subsection (1), no person shall cut timber from any parcel of land exceeding 8 000 m2 within the municipality until he has notified the municipality in writing of his intention to cut timber and the municipality has declared in writing that it will not enter into an agreement under subsection (2), or until sixty days have elapsed from the date upon which the owner notified the municipality.
Section 213 (4) BEFORE amended by 2023-10-701, effective March 30, 2023 (Royal Assent).
(4) The provisions of this section come into force on a date to be fixed by the Lieutenant-Governor by his Proclamation.
Section 214 (4) BEFORE amended by 2023-10-702, effective March 30, 2023 (Royal Assent).
(4) Before issuing supplementary Letters Patent under this section, the Minister may appoint a Commissioner or Commissioners to recommend to him the terms and conditions to be included in the supplementary Letters Patent.
Section 218 (2) BEFORE amended by 2023-10-703, effective March 30, 2023 (Royal Assent).
(2) The Minister may make such directions as he considers proper and necessary to provide for the first election of Directors to represent the electoral areas referred to in subsection (1) and their term of office.
Section 223 (4) BEFORE amended by 2023-10-704, effective March 30, 2023 (Royal Assent).
(4) Subsection (3) comes into force and effect on a date to be fixed by the Lieutenant-Governor by his Proclamation, and subsections (1), (2), and (4) come into force on Royal Assent.
Section 229 (1) BEFORE amended by 2023-10-705, effective March 30, 2023 (Royal Assent).
(1) Notwithstanding anything to the contrary in Part I of the Municipal Act, or in any other Act or regulation, the Lieutenant-Governor in Council may, if he considers it to be in the public interest,
(a) dissolve the City of Kamloops, the District of Brocklehurst, the District of Dufferin, and the Town of Valleyview and, by Letters Patent, reincorporate the residents of the area comprising
(i) the land within those municipalities; and
(ii) such other land not within those municipalities as he considers proper
into one new municipality;
(b) dissolve the City of Kelowna and, by Letters Patent, reincorporate the residents of the area of land comprising
(i) the land within that municipality; and
(ii) such other land not within that municipality as he considers proper
into one new municipality.
and in the Letters Patent or by Order may
(c) dissolve an improvement district that is wholly or partly within the area referred to in clause (a) or clause (b); and
(d) transfer any or all of the assets, rights, claims, obligations, and liabilities of an existing municipality, regional district, or improvement district to the new municipality.
Section 247 (1) BEFORE amended by 2023-10-706, effective March 30, 2023 (Royal Assent).
(1) Notwithstanding any other enactment or law to the contrary, the City of Vancouver, the Municipality of Delta and the Greater Vancouver Sewerage and Drainage District may enter into an agreement respecting the disposal of waste in the Corporation of Delta substantially in the form filed with the Deputy Minister of Environment and certified by him as the agreement referred to in this section.