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“Point in Time” Act Content

UNIVERSITY ENDOWMENT LAND ACT

[RSBC 1996] CHAPTER 469

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
2October 23, 2003
 March 28, 2006
 March 28, 2006
3March 28, 2006
4January 1, 2003
[retro from March 12, 2003]
 March 28, 2006
6March 28, 2006
 March 30, 2023
7March 10, 2016
 March 30, 2023
11January 1, 2005
12January 1, 2004
 January 1, 2004
 January 1, 2004
 January 1, 2004
 September 18, 2015
 January 1, 2016
 January 1, 2016
 February 28, 2022
 February 28, 2022
 February 28, 2022
14January 1, 2004
 January 1, 2016
15December 1, 2007
 December 1, 2007
 January 1, 2016
15.1March 31, 2004

  Section 2 (1) BEFORE amended by 2003-66-57, effective October 23, 2003 (Royal Assent).

(1)  Subject to the regulations and with the approval of the Lieutenant Governor in Council, the minister may do one or more of the following:

(a) survey, resurvey and subdivide into lots, blocks, streets, lanes, boulevards, recreational courts, parks and other areas all lands that are held by the government within the University Endowment Land;

(b) construct, install, lay and otherwise provide sewers, drains, pipes, sidewalks, curbs, street pavements, boulevards, water systems, street lighting systems, fire protection systems, garbage disposal systems and other works of improvement and convenience considered necessary or conducive to the improvement, development and fitting of the land for occupation and use;

(c) charge against the land and owners benefiting from works authorized under paragraph (b) the rates required to defray the cost of those works;

(d) advertise and otherwise provide for the disposition by sale or lease, and sell or lease, any of the land so subdivided into lots or blocks and any of the land subdivided under the British Columbia University Loan Act, 1920, S.B.C. 1920, c. 49, in the manner, at the prices and on the terms and conditions the minister considers proper;

(e) maintain and operate works and services considered necessary or conducive to the use and occupation of the subdivided land by purchasers and other occupants, and charge the fees, rates and tolls for the maintenance and operation of them prescribed by this Act and the regulations or imposed by bylaws under this Act;

(f) lend to purchasers and lessees of land so subdivided the sums the minister considers advisable to enable the purchasers or lessees to erect dwelling houses on the land purchased or leased from the government;

(g) purchase any land considered necessary or suitable for subdividing in conjunction with any part of the University Endowment Land.

  Section 2 (1) BEFORE amended by 2006-3-22, effective March 28, 2006 (Royal Assent).

(1)  Subject to the regulations, the minister may do one or more of the following:

(a) survey, resurvey and subdivide into lots, blocks, streets, lanes, boulevards, recreational courts, parks and other areas all lands that are held by the government within the University Endowment Land;

(b) with the approval of the Lieutenant Governor in Council, construct, install, lay and otherwise provide sewers, drains, pipes, sidewalks, curbs, street pavements, boulevards, water systems, street lighting systems, fire protection systems, garbage disposal systems and other works of improvement and convenience considered necessary or conducive to the improvement, development and fitting of the land for occupation and use;

(c) with the approval of the Lieutenant Governor in Council, charge against the land and owners benefiting from works authorized under paragraph (b) the rates required to defray the cost of those works;

(d) advertise and otherwise provide for the disposition by sale or lease, and sell or lease, any of the land so subdivided into lots or blocks and any of the land subdivided under the British Columbia University Loan Act, 1920, S.B.C. 1920, c. 49, in the manner, at the prices and on the terms and conditions the minister considers proper;

(e) with the approval of the Lieutenant Governor in Council, maintain and operate works and services considered necessary or conducive to the use and occupation of the subdivided land by purchasers and other occupants, and charge the fees, rates and tolls for the maintenance and operation of them prescribed by this Act and the regulations or imposed by bylaws under this Act;

(f) with the approval of the Lieutenant Governor in Council, lend to purchasers and lessees of land so subdivided the sums the minister considers advisable to enable the purchasers or lessees to erect dwelling houses on the land purchased or leased from the government;

(g) with the approval of the Lieutenant Governor in Council, purchase any land considered necessary or suitable for subdividing in conjunction with any part of the University Endowment Land.

  Section 2 (4) BEFORE repealed by 2006-3-22(b), effective March 28, 2006 (Royal Assent).

(4)  For the purposes of subsection (1) (f), the amount that may be lent on the security of any parcel of the land and the appurtenances to it

(a) in the case of a Crown grant parcel, must not be greater than 60% of the aggregate of the purchase price of the parcel and the cost of the dwelling house erected on it, and

(b) in the case of a leased parcel or a parcel held under purchase agreement, must not be greater than 60% of the cost of the dwelling house erected on it.

  Section 3 (e) BEFORE repealed by 2006-3-23, effective March 28, 2006 (Royal Assent).

(e) the amounts derived from payments of interest and repayment of principal in respect of the sums lent under section 2 (1) (f).

  Section 4 (3) BEFORE repealed by 2003-3-50, effective January 1, 2003 [retro from March 12, 2003 (Royal Assent)].

(3)  For the purposes of subsection (2), the Surveyor of Taxes may add to the money required an additional amount as may be estimated to cover the cost of assessment and collection, interest on any money paid in advance of collection and losses through failure of collection.

  Section 4 (1) (part) BEFORE amended by 2006-3-24, effective March 28, 2006 (Royal Assent).

(1)  On or before March 15 in each year the minister must provide to the Surveyor of Taxes separate statements showing the amount of money required for the part of the district lot referred to in the definition of "land" in section 1 in that calendar year for the following purposes:

  Section 6 (1) BEFORE amended by 2006-3-25, effective March 28, 2006 (Royal Assent).

(1)  A work of the character or description specified in section 2 (1) (b) may be undertaken by the minister with the consent of the Lieutenant Governor in Council, and subject to the regulations, as a local improvement on receipt by the minister of a petition for the work, signed by at least 2/3 in number of the owners of the land, that must represent at least 1/2 of the value of the land liable to be specially assessed or charged with part of the cost of a work.

  Section 6 (5) BEFORE amended by 2023-10-1151, effective March 30, 2023 (Royal Assent).

(5) No person has the right to withdraw his or her name from, and a name must not be added to, a petition without the consent of the minister after the authorized official has certified as to its sufficiency.

  Section 7 (1) (c) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).

(c) the number of installments by which the special assessment is to be payable.

  Section 7 (4) BEFORE amended by 2023-10-1152, effective March 30, 2023 (Royal Assent).

(4) The assessed owner has 21 days from the mailing of the notice to appeal the local improvement charge on his or her land to the minister.

  Section 11 BEFORE repealed by 2004-41-60, effective January 1, 2005 (BC Reg 505/2004).

 Approval under Strata Property Act and Real Estate Act

11  In respect of a building on or land within the University Endowment Land, an approval under section 242 of the Strata Property Act or section 61 (7) (a) of the Real Estate Act must, despite those provisions, be given only by the minister or a person authorized by the minister.

  Section 12 (1) (a) to (e) BEFORE amended by 2003-52-494(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) respecting development and use of land, buildings and structures and the conservation of heritage sites including, without limiting this authority, provisions referred to in subsection (2);

(b) respecting building standards and inspection, including any provision that could be made in a bylaw under sections 692 to 698 of the Local Government Act;

(c) respecting fire prevention and suppression, including any provision that could be made in a municipal bylaw under the Local Government Act;

(d) providing for the control, prevention or prohibition of pollution, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and nuisances that disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of persons, including any provision that could be made in a bylaw under section 724 (1) (a) or (b), 725 (1) (a) to (h), or 728 (1) (e) of the Local Government Act;

(e) respecting the control of animals, including any provision that could be made in a bylaw under sections 703 (1) (a), 704 (e), 705 (1) or (2), 706 (1) or (2), 707 (1), or 720 (1) of the Local Government Act;

  Section 12 (1) (e.1) was added by 2003-52-494(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 12 (2) (d) BEFORE amended by 2003-52-494(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(d) regulate the exterior shape of buildings and structures;

  Section 12 (4) BEFORE amended by 2003-52-494(c), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(4)  Provisions in a bylaw under subsection (1) may

(a) be made applicable to all or part of the University Endowment Land, and

(b) in addition to any variation authorized by reference to the Local Government Act, be different for

(i)  different parcels or areas of land,

(ii)  different buildings or classes of buildings, and

(iii)  different structures or classes of structures.

  Section 12 (1) (b) BEFORE amended by 2015-2-61, effective September 18, 2015 (BC Reg 172/2015).

(b) respecting building standards and inspection, including any provision that could be made in a regional district bylaw under sections 692 to 698 of the Local Government Act;

  Section 12 (1) (b), (d) and (e) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(b) respecting building standards and inspection, including any provision that could be made in a regional district bylaw under sections 694 to 698 of the Local Government Act;

(d) providing for the control, prevention or prohibition of pollution, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and nuisances that disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of persons, including any provision that could be made in a regional district bylaw under section 724 (1) (a) or (b), 725 (1) or 728 of the Local Government Act;

(e) respecting the control of animals, including any provision that could be made in a regional district bylaw under section 703, 707 or 707.1 of the Local Government Act;

  Section 12 (2) (a) and (b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(a) include any provision that could be made in a bylaw of a municipal council under Part 26 of the Local Government Act;

(b) include any provision that could be enacted by a local government under Part 27 of the Local Government Act;

  Section 12 (1) (g.1) was added by 2021-30-48(a), effective February 28, 2022 (BC Reg 17/2022).

  Section 12 (5) (part) BEFORE amended by 2021-30-48(b), effective February 28, 2022 (BC Reg 17/2022).

(5) Not more than 60 days and not less than 30 days before making an order under subsection (1), the minister must publish a notice at least once a week for 2 consecutive weeks in a newspaper distributed in the University Endowment Land stating all of the following:

  Section 12 (5.1), (5.2) and (5.3) were added by 2021-30-48(c), effective February 28, 2022 (BC Reg 17/2022).

  Section 14 BEFORE re-enacted by 2003-52-495, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

 Enforcement of bylaws

14  Sections 267 to 269, 281, 282, 700 and 701 of the Local Government Act, as they apply to a bylaw under the Local Government Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the council of a municipality.

  Section 14 BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

Enforcement of bylaws

14   (1) The following provisions of the Local Government Act, as they apply to a bylaw under that Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the board of a regional district:

section 267 [bylaw contraventions];

section 269 [regional district action at defaulter's expense];

section 281 [enforcement by civil proceedings].

(2) The following provisions of the Community Charter, as they apply to a bylaw under that Act, apply to a bylaw or permit under this Act and, for this purpose, the minister has the same authority as the council of a municipality:

section 16 [authority to enter on or in property], other than subsection (6) (c) and (d);

section 57 [note against land title];

section 58 [cancellation of note against land title].

  Section 15 (1) (b) BEFORE amended by 2007-14-194, effective December 1, 2007 (BC Reg 354/2007).

(b) authorize a person appointed under paragraph (a) to decide on applications and other matters that require decision under this Act or the regulations and bylaws under this Act, including the issue of variance permits under section 13.

  Section 15 (3) BEFORE amended by 2007-14-194, effective December 1, 2007 (BC Reg 354/2007).

(3)  Section 287 (2) and (3) of the Local Government Act, as it applies to an employee of a municipality, applies to a person performing or intending to perform a duty or exercising a power under this Act or the regulations or bylaws under this Act and, if section 287 (2) and (3) of the Local Government Act applies, section 287 (4) of the Local Government Act applies to the employer of the person.

  Section 15 (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(3) Section 287 (2) and (3) of the Local Government Act, as it applies to an employee of a municipality, applies to a person performing or intending to perform a duty or exercising a power under this Act and, if section 287 (2) and (3) of the Local Government Act applies, section 287 (4) of the Local Government Act applies to the employer of the person.

  Section 15.1 was enacted by 2004-12-35, effective March 31, 2004 (Royal Assent).