Definitions

1  In this Act:

"municipality" means

(a) an area incorporated as a city, district, township, town or village under any Act, or

(b) the corporation into which the residents of an area have been incorporated as a municipality, including the City of Vancouver,

and includes an improvement district incorporated under the Water Act or the Local Government Act;

"regional district" means a regional district as defined in the Local Government Act;

"regional parks board" means

(a) a regional parks board established under this Act, or

(b) a board of a regional district that operates regional parks as a service under Part 24 of the Local Government Act;

"regional park district" means

(a) a regional park district incorporated under this Act, or

(b) a regional district that operates regional parks as a service under Part 24 of the Local Government Act;

"regional park" means an area of land set aside and dedicated as a park under this Act or a municipal park transferred under section 7;

"regional trail" means a footpath, pathway, trail or area of land held in fee simple or as a registered easement or right of way by a regional district and dedicated as a regional trail under this Act.

 Regional park districts

2  (1)  On the receipt of a petition from the councils or trustees, or both, of 2 or more municipalities, the Lieutenant Governor in Council may, on the recommendation of the minister, by letters patent, incorporate the area of land within the boundaries of the municipalities and its residents into a regional park district.

(2)  The provisions of Part 24 of the Local Government Act apply to the incorporation of a regional park district under subsection (1) and for that purpose

(a) a reference in Part 24 to a regional district, is to be read as a reference to a regional park district, and

(b) a reference in Part 24 to a regional board, is to be read as a reference to a regional parks board.

(3)  On the receipt of a petition from the council or trustees of a municipality and from a regional parks board, the Lieutenant Governor in Council may, on the recommendation of the minister, by supplementary letters patent, extend the regional park district to include that municipality.

(4)  On receipt of a petition from a regional parks board, the Lieutenant Governor in Council may, on the recommendation of the minister, by letters patent, incorporate within the regional park district any area designated an electoral area under the Local Government Act.

(5)  The directors elected for an electoral area incorporated under subsection (4) are the directors of the regional park district.

 Transfer to regional district

3  If a regional park district incorporated under section 2 is contained within the boundaries of a regional district and the regional district adopts a bylaw under section 799 (1) (k) of the Local Government Act, the Lieutenant Governor in Council may dissolve the regional park district and transfer any or all of its assets, rights, claims, obligations and liabilities to the regional district.

 Powers of regional park district

4  (1)  A regional park district may do any of the following:

(a) within an area designated as a regional park on a regional park plan approved by the minister, acquire land in or out of a regional park district for use as a regional park or regional trail and, unless otherwise declared, all land acquired by a regional park district is dedicated for public use and enjoyment as a regional park or regional trail;

(b) by bylaw, make rules and regulations governing the management, maintenance, improvement, operation, control and use of property in a regional park or regional trail;

(c) by bylaw, close to the free use by the public all or any part of a regional park or regional trail, at the times and for the periods considered advisable, and fix and charge fees for admission to or for the use of any closed facilities;

(d) by bylaw, lease or rent property in a regional park to a person for the purpose of operating a concession or other commercial enterprise considered by the regional parks board to be necessary or desirable to the proper use and enjoyment of the regional park or regional trail;

(e) on or in any property acquired or held by the regional park district, construct, maintain, operate, improve and use buildings and other improvements and provide any accommodation facilities or equipment necessary for the proper use and enjoyment of the regional park;

(f) with the approval of the minister, acquire a lease of land for a regional park or regional trail for a term of at least 20 years.

(2)  A regional park district may, by bylaw, sell or exchange for other land to be used for regional park purposes, any land that

(a) was, at the time of acquisition, shown on a regional park plan approved by the minister to be surplus to park needs, or

(b) is, on application by the regional park district, designated by the Lieutenant Governor in Council as surplus to park needs.

(3)  If land is sold under subsection (2) the regional park district must place the proceeds in a reserve fund to acquire land for regional park purposes.

 Terms of leases and agreements

5  (1)  A regional parks board may not enter into a lease under section 4 (1) (d) with a term of more than 5 years without the approval of the minister.

(2)  A lease entered into under section 4 (1) (d) must contain

(a) a provision for reentry by the lessor on nonobservance or nonperformance of covenants contained in the lease, and

(b) a prohibition against subletting without the approval of the regional parks board.

(3)  A regional parks board must not enter into any agreement for the acquisition of land under which payment by the regional parks board or regional park district is to be made during a period of more than 5 years, but if land being acquired is subject to an existing mortgage or agreement for sale that has a term remaining of more than 5 years and a favourable interest rate, the regional parks board may, with the approval of the minister, assume the existing mortgage or agreement.

 Extension of Local Government Act

6  The powers contained in this Act are an extension to and not in conflict with the general powers of a regional district under the Local Government Act, unless those general powers are specifically restricted by this Act in regard to the acquisition, development, operation and maintenance of a regional park.

 Transfers by municipalities

7  Despite the Local Government Act, a municipality forming part of a regional park district may, with the approval of the minister, enter into an agreement with the regional parks board and transfer all or part of a municipal park to the regional parks board for the purpose of development, operation and maintenance of that park as a regional park.

 Maximum payments

8  The total of all payments in any year to any municipality or electoral area within the regional park district under section 4, 5 or 7 must not exceed 50% of the requisition made on that municipality or electoral area in that year for purposes of this Act.

 Maximum requisitions

9  Except with the approval of the minister, the maximum annual requisition as provided for under the Local Government Act on any municipality or electoral area within the regional park district, for the purpose of acquiring, developing, operating and maintaining regional parks or regional trails, must not exceed an amount equal to the product of $1 per thousand dollars of the value of taxable land and 75% of the value of taxable improvements for the purpose of levying school rates in the immediately preceding year, excluding all the property of the British Columbia Hydro and Power Authority.

 Borrowing powers

10  (1)  Subject to subsection (2) and to the Local Government Act, a regional parks board may, by bylaw, borrow money for capital purposes in connection with the acquisition or development of regional parks and regional trails.

(2)  The amount borrowed under subsection (1) and outstanding at any time must not exceed the greater of

(a) $5 million, or

(b) an amount equal to 10 times the product of 50¢ per thousand dollars of the net taxable value of land and improvements, excluding property that is taxable for school purposes only by special Act.

(3)  For the purposes of subsection (2),

(a) the definition of "improvements" in the Assessment Act applies, and

(b) the exemptions in sections 129 to 131 of the School Act apply.

(4)  If the regional parks board is the board of a regional district, a bylaw under subsection (1) has no effect unless

(a) it is approved by the inspector of municipalities, and

(b) it receives

(i)  the approval of the electors in each participating area, obtained in accordance with section 823 (4) to (9) of the Local Government Act, or

(ii)  the consent of 2/3 of the participants, obtained in accordance with section 802 [amendment or repeal of establishing bylaws] of the Local Government Act.

(5)  [Repealed 2000-7-246.]

 Expenditures for parks

11  (1)  In each of the first 5 years after a regional parks board is authorized to exercise the powers under this Act, at least 60% of the annual revenue of the regional park district must be spent or set aside for the purpose of the acquisition of land for regional parks or regional trails.

(2)  If the acquisition of land for regional parks or regional trails does not involve the purchase of land, the regional parks board may, during the first 5 years, spend the entire annual revenue on the development or maintenance of regional parks or regional trails, but in that case, the minister, for the purpose of making grants under section 12, must not make a grant exceeding 1/3 of 40% of the total expenditures of the regional park district in that year.

 Grants

12  (1)  The minister may make grants for the purpose of acquiring or developing regional parks and regional trails, or both, but a grant in any year must not exceed 1/3 of the total expenditures of the regional park district in that year for those purposes.

(2)  In order to qualify for a grant under subsection (1), a regional park district must submit to the minister at the end of each quarter of the year a list of all properties acquired during that quarter and the list must set out the legal description, size, price, terms of sale, appraised value and any further information the minister may require.

(3)  Money borrowed under section 10 is not to be taken into account in determining a grant under subsection (1), but the minister may, in each year, make a separate grant not exceeding 1/3 of the amount of borrowed principal and interest on it that, at the time the grant under this section is made, has been repaid or will be repaid within the current accounting year.

(4)  The expenditure of proceeds of a sale under section 4 (2) is not to be taken into account in determining a grant under subsection (1).

 Approval of bylaws

13  A bylaw under this Act must not be adopted without the approval of the minister.

 Reduction of area of regional park district

14  (1)  On the recommendation of the minister, the Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a regional park district incorporated under section 2 by the removal of a municipality if the municipality

(a) has given at least 5 years' notice in writing of its desire to withdraw to the minister and to each municipality and electoral area within the regional park district, and

(b) confirms that desire by a further notice in writing to the minister and to each municipality and electoral area within the regional park district within 30 days before the date of withdrawal.

(2)  From the date that the supplementary letters patent are issued under subsection (1)

(a) the municipality ceases to be a member of the regional park district,

(b) any indebtedness of the municipality to the regional park district remains and must be fully discharged by the municipality as if the withdrawal had not taken place, and

(c) the municipality has no claim against or in respect of any property or other asset of the regional park district.

 Temporary borrowing

15  (1)  A regional parks board may, in anticipation of the collection of revenue for the current year, by bylaw, provide for the borrowing of sums of money required to meet the current annual expenditures of the regional parks board.

(2)  If money is borrowed under this section, the regional parks board must pledge as security for the liability incurred that part of the current revenue of the regional parks board considered necessary or expedient, and the pledge is a first charge on the current revenue pledged.

(3)  The pledge of special security under this section does not limit or affect in any way the general liability of the regional park district with respect to any money borrowed under this section.

 Official regional park plans

16  (1)  Within 5 years of the formation of a regional parks board, the regional parks board must prepare a regional park plan and, with the approval of the minister, designate, by bylaw, the plan as an official regional park plan.

(2)  A regional park plan may be expressed in maps, plans, reports or by other means, and may be a general scheme, without specific detail, indicating present and projected regional parks.

(3)  If, at the end of 5 years, a regional parks board has not designated an official regional park plan, the minister may withhold any further grants issued under section 12 until an official plan is designated and approved.

 Expenditures

17  While it holds money in reserve under section 4 (3), a regional park district must not spend money received under section 9 or 10.

 Power to make regulations

18  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.