Title BEFORE re-enacted by 2007-41-1, effective November 30, 2007 (BC Reg 399/2007).
Greater Vancouver Transportation Authority Act
Section 1 definition of "Richmond-Airport-Vancouver rapid transit project" was added by 2003-45-3, effective May 23, 2003 [retro from May 29, 2003 (Royal Assent)].
Section 1 (1) definitions of "ancillary works", "billing organization", "Coquitlam Line rapid transit project", "designated project", "designated tolls", "excessive toll debt", "Fraser River Crossing project", "rail transportation system", "toll debt", "toll device", and "toll reader" were added by 2004-72-2, effective November 19, 2004 (BC Reg 508/2004).
Section 1 (1) definitions of "Rapid Transit Project", "regional transportation system", and "Richmond-Airport-Vancouver rapid transit project", BEFORE amended by 2004-72-2, effective November 19, 2004 (BC Reg 508/2004).
"Rapid Transit Project" means a rail transportation system connecting a location in the general vicinity of the intersection of Broadway Avenue and Granville Street in the City of Vancouver to a location in the general vicinity of the Coquitlam Centre at the intersection of Lougheed Highway and Barnet Highway in the City of Coquitlam and connecting to a location in the general vicinity of a Skytrain station in the City of New Westminster;
"regional transportation system" means a system for the transportation, in the transportation service region, of passengers and goods by any means, which system
(a) is operated by the authority or by its subsidiaries or contractors,
(b) may include, without limitation, ferries, a cycling path network, custom transit services, a bus transportation system, a rail transportation system and the major road network, and
(c) does not include independent transit services;
"Richmond-Airport-Vancouver rapid transit project" means a rail transportation system connecting
(a) a location in the general vicinity of the intersection of No. 3 Road and Park Road in the City of Richmond,
(b) a location in the general vicinity of the Domestic Air Terminal at the Vancouver International Airport, and
(c) a location in the general vicinity of the intersection of Cordova and Granville Streets in the City of Vancouver;
Section 1 (1) definitions of "highway" and "provincial highway system" BEFORE amended by 2004-44-109, effective December 31, 2004 (BC Reg 547/2004).
"highway" has the same meaning as in the Highway Act;
"provincial highway system" means all highways
(a) that are located in the transportation service region but outside the municipalities, or
(b) that are arterial highways within the meaning of the Highway Act;
Section 1 (1) definitions of "construction" and "maintenance" BEFORE amended by 2004-44-110, effective December 31, 2004 (BC Reg 547/2004).
"construction" has the same meaning as in section 25 of the Highway Act;
"maintenance" has the same meaning as in section 25 of the Highway Act;
Section 1 (1) definition of "assessment roll" was added by 2005-32-1, effective December 6, 2005 (BC Reg 347/2005).
Section 1 (1) definition of "ancillary works" BEFORE amended by 2007-41-2(a), effective November 30, 2007 (BC Reg 399/2007).
"ancillary works" means any works or undertakings ancillary to all or a part of a rail transportation system, and, without limiting this, includes
Section 1 (1) definitions of "2007 screening panel", "annual report", "articles", "authority's website", "base plan", "base plan preparation year", "busway", "commercial passenger vehicle", "commissioner", "commissioner's website", "deputy commissioner", "first-time short term fare", "inspector", "long term strategy", "major crossing", "mayors' council on regional transportation", "qualified individual", "replacement tax", "revenue transit service", "screening panel", "short term fare", "standard property taxes", "strategic plan", "supplement", "supplementary fare increase" and "targeted fare" were added by 2007-41-2(b), effective November 30, 2007 (BC Reg 399/2007).
Section 1 (1) definition of "authority" BEFORE amended by 2007-41-2(c), effective November 30, 2007 (BC Reg 399/2007).
"authority" means the Greater Vancouver Transportation Authority established under section 2;
Section 1 (1) definition of "board" BEFORE amended by 2007-41-2(d), effective November 30, 2007 (BC Reg 399/2007).
"board" means the authority's board of directors appointed under section 8;
Section 1 (1) definition of "municipality" BEFORE repealed by 2007-41-2(e), effective November 30, 2007 (BC Reg 399/2007).
"municipality" means the corporation into which the residents of an area in the transportation service region have been incorporated as a municipality under any Act, and includes the City of Vancouver;
Section 1 (1) definition of "subsidiary" BEFORE amended by 2007-41-2(f), effective November 30, 2007 (BC Reg 399/2007).
"subsidiary" means a subsidiary established or acquired by the board under section 9 (3) (g) to carry out a purpose or responsibility, or to exercise a power, of the authority, and includes British Columbia Rapid Transit Company Ltd. and West Coast Express Ltd.;
Section 1 (3) BEFORE amended by 2007-41-3, effective November 30, 2007 (BC Reg 399/2007).
(3) An agreement under subsection (2) does not come into effect until the agreement is ratified by a resolution of the Greater Vancouver Regional District board of directors and approved by an order of the Lieutenant Governor in Council.
Section 1 (1) in definition of "articles", paragraph (a) BEFORE amended by BC Reg 55/2008 under RS1996-440-12, effective March 6, 2008 (BC Reg 55/2008).
(a) provisions, reflecting the recommendations made under section 176 (2) (a) or the orders made under section 181 (1) (a), respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid,
Section 1 (1) definition of "strategic transportation plan" BEFORE repealed by 2007-41-40, effective January 1, 2009.
"strategic transportation plan" means a strategic transportation plan prepared and ratified in accordance with section 14;
Section 1 (1) definitions of "tax treatment agreement", "taxing treaty first nation" and "treaty first nation" were added by 2007-36-66, effective April 3, 2009 (BC Reg 55/2009).
Section 1 (5) was added by 2007-36-67, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2007-36-68, effective April 3, 2009 (BC Reg 55/2009)].
Section 1 (5) (a) BEFORE amended by 2010-21-227(a), effective June 25, 2010 (BC Reg 197/2010).
(a) a reference to "municipality" or "municipalities" in the definitions of "independent transit service", "provincial highway system", "qualified individual" and "transportation service region" in subsection (1), in subsections (2) and (3) and in sections 4 (1) and (3), 5, 6 (2) (g) to (j), 15, 18, 20 to 24, 31 (1.2), 34 (1) (b), 44, 46 (4) (f) and 149 (1), in the definition of "eligible individual" in section 170 and in section 193 (4) must be read as including the treaty first nation or its treaty lands as the context requires,
Section 1 (5) (c) BEFORE amended by 2010-21-227(b), effective June 25, 2010 (BC Reg 197/2010).
(c) a reference to "council" in subsection (3) (b) of this section and in section 21 (4) (b) in section 21 (4) (b) must be read as including the governing body of the treaty first nation,
Section 1 (1) definition of "motor vehicle" (part) BEFORE amended by 2010-18-73, effective July 1, 2010.
"motor vehicle" means a vehicle propelled other than by muscular power, but does not include
Section 1 (1) definition of "tax treatment agreement" BEFORE repealed by 2011-11-65, effective June 2, 2011 (Royal Assent).
"tax treatment agreement" has the same meaning as in the Treaty First Nation Taxation Act;
Section 1 (1) definitions of "Electoral Area A Director", "fare collection bylaw", "infraction" and "ticketed amount" were added by 2012-33-1, effective June 25, 2012 (BC Reg 189/2012).
Section 1 (1) definition of "articles", paragraph (a) BEFORE amended by 2014-21-1(a), effective June 25, 2014 (BC Reg 131/2014).
(a) provisions, reflecting the recommendations made under section 176 (3) (a) or the orders made under section 181 (1) (a), respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid,
Section 1 (1) definitions of "base plan" and "base plan preparation year" BEFORE replaced by "investment plan" and "investment plan preparation year" 2014-21-1(b), effective June 25, 2014 (BC Reg 131/2014).
"base plan" means the plan referred to in section 194 (1);
"base plan preparation year", in relation to a base plan, means the fiscal year in which the base plan is prepared;
Section 1 (1) definitions of "commissioner" and "deputy commissioner" BEFORE amended 2014-21-1(c), effective June 25, 2014 (BC Reg 131/2014).
"commissioner" means the Regional Transportation Commissioner appointed under section 215 (1) or 216 (4) or (5);
"deputy commissioner" means a deputy commissioner appointed under section 215 (1);
Section 1 (1) definitions of "commissioner's website" and "inspector" BEFORE repealed 2014-21-1(c) and (d), effective June 25, 2014 (BC Reg 131/2014).
"commissioner's website" means the website established under section 219 (1);
"inspector" means a person appointed under section 227 (1) to conduct an inspection under section 227;
Section 1 (1) definitions of "strategic plan" and "supplement" BEFORE amended 2014-21-1(e) and (f), effective June 25, 2014 (BC Reg 131/2014).
"strategic plan" means a strategic plan within the meaning of section 206;
"supplement" means a supplemental plan referred to in section 200;
Section 1 (1) definition of "official community plan" BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
"official community plan" has the same meaning as in section 848 of the Local Government Act;
Section 1 (1) definitions of "designated employees", "Electoral Area A Director", "regional growth strategy" and "transportation service region" BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
"designated employees" means
(a) all employees of BC Transit whose work responsibilities relate primarily to BC Transit's activities in the transportation service region,
(b) all employees of the government whose work responsibilities relate to the operation of the Albion ferries, and
(c) all employees of the government, the Insurance Corporation of British Columbia or the Greater Vancouver Regional District who have been identified by name, classification or other description in an order of the Lieutenant Governor in Council made on the recommendation of the authority;
"Electoral Area A Director" means the Director representing Electoral Area A on the Regional Board of the Greater Vancouver Regional District;
"regional growth strategy" means the regional growth strategy of the Greater Vancouver Regional District;
"transportation service region" means all municipalities and rural areas located in the Greater Vancouver Regional District, and includes any area added to the region under subsection (2);
Section 1 (1) definitions of "development cost charge" and "development cost charge bylaw" were added by 2018-31-1(a), effective May 31, 2018 (Royal Assent).
Section 1 (5) (a) BEFORE amended by 2018-31-1(b), effective May 31, 2018 (Royal Assent).
(a) a reference to "municipality" or "municipalities" in the definitions of "independent transit service", "provincial highway system", "qualified individual" and "transportation service region" in subsection (1), in subsections (2) and (3) and in sections 4 (1) and (3), 5, 6 (2) (g) to (j), 15, 18, 20 to 24, 31 (1.2), 34 (1) (b), 44, 46 (4) (f) and 149 (1), in the definition of "eligible individual" in section 170 and in section 193 (5) must be read as including the treaty first nation or its treaty lands as the context requires,
Section 1 (5) (a) BEFORE amended by 2018-39-26, effective October 31, 2018 (Royal Assent).
(a) a reference to "municipality" or "municipalities" in the definitions of "independent transit service", "provincial highway system", "qualified individual" and "transportation service region" in subsection (1), in subsections (2) and (3) and in sections 4 (1) and (3), 5, 6 (2) (g) to (j), 15, 18, 20 to 24, 31 (1.2), 34 (1) (b), in the definition of "collection entity" in section 34.2, in the definition of "issuing entity" in section 34.29 44, 46 (4) (f) and 149 (1), in the definition of "eligible individual" in section 170 and in section 193 (5) must be read as including the treaty first nation or its treaty lands as the context requires,
Section 1 (5) (a) BEFORE amended by 2019-40-23, effective November 28, 2019 (Royal Assent)].
(a) a reference to "municipality" or "municipalities" in the definitions of "independent transit service", "provincial highway system", "qualified individual" and "transportation service region" in subsection (1), in subsections (2) and (3) and in sections 4 (1) and (3), 5, 6 (2) (g) to (j), 15, 18, 20 to 24, 31 (1.2), 34 (1) (b), in the definition of "collection entity" in section 34.2, in the definition of "issuing entity" in section 34.29, 44, 46 (4) (f) and 149 (1), in the definition of "eligible individual" in section 170 and in section 193 (5) must be read as including the treaty first nation or its treaty lands as the context requires,
Section 1 (1) definition of "taxing treaty first nation" BEFORE amended by 2024-13-234, effective April 25, 2024 (Royal Assent).
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act;
Section 1 (1) definition of "taxing treaty first nation" BEFORE repealed by 2024-13-235(a), effective January 1, 2025.
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Property Taxation Enabling Act;
Section 1 (6) BEFORE repealed by 2024-13-235(b), effective January 1, 2025.
(6) For the purposes of applying this Act in relation to a taxing treaty first nation, a reference to "municipality" in sections 25 (9) and 135 must be read as including the taxing treaty first nation.
Part 1 heading BEFORE re-enacted by 2007-41-4, effective November 30, 2007 (BC Reg 399/2007).
Part 1 — Structure, Power and Responsibilities of Authority
Section 2 (2) BEFORE amended by 2003-70-158, effective March 29, 2004 (BC Reg 64/2004).
(2) The Company Act does not apply to the authority, but, on request of the authority, the Lieutenant Governor in Council may order that one or more provisions of that Act apply to the authority.
Section 2 (1) BEFORE amended by 2007-41-6, effective November 30, 2007 (BC Reg 399/2007).
(1) The Greater Vancouver Transportation Authority is established as a corporation, consisting of the directors appointed under section 8.
Section 3 (b) BEFORE amended by 2007-41-7, effective November 30, 2007 (BC Reg 399/2007).
(b) supports
(i) the regional growth strategy, and
(ii) the air quality objectives and economic development of the transportation service region.
Section 4 (2) (a) BEFORE amended by 2004-72-3, effective November 19, 2004 (BC Reg 508/2004).
(a) construction, maintenance or regulation of any part of the provincial highway system or of any highway that is not a major road,
Section 4 (1) (g) BEFORE amended by 2007-41-41(a), effective January 1, 2009.
(g) prepare and implement strategic, service, capital and operational plans for the regional transportation system, including a strategic transportation plan;
Section 4 (2) (b) (ii) BEFORE amended by 2007-41-41(b), effective January 1, 2009.
(ii) to the extent that the authority has responsibility under the strategic transportation plan for the planning of the major road network, or
Section 4 (1) (c) BEFORE repealed by 2015-13-59, effective March 1, 2017 (BC Reg 61/2017).
(c) develop and administer programs for certifying motor vehicle compliance with regulations, made under section 50 of the Motor Vehicle Act, that do one or both of the following:
(i) establish exhaust emission standards;
(ii) specify the maximum levels of air contaminants that motor vehicles may emit into the outside atmosphere;
Section 4 (1) (f) (part) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(f) review, and advise the Greater Vancouver Regional District, the municipalities and the government regarding the implications to the regional transportation system of,
Section 5 (1) BEFORE amended by 2002-20-3(a), effective April 11, 2002 (Royal Assent).
(1) Despite any other enactment, no person or municipality may establish or operate or approve the establishment or operation of independent transit services in the transportation service region unless it does so
Section 6 (2) (f) BEFORE amended by 2002-19-2, effective June 1, 2002.
(f) may enter into an agreement with the government for the collection of taxes imposed under sections 4 (1) (c) and 10 (1) (c) of the Motor Fuel Tax Act and under section 61 (1) and (1.1) (b) of the Social Service Tax Act,
Section 6 (2) (b) BEFORE amended by 2004-72-4, effective November 19, 2004 (BC Reg 508/2004).
(b) as permitted in this Act, may raise revenues by means of
(i) taxes,
(ii) levies,
(iii) project toll charges,
(iv) user fees, and
(v) motor vehicle charges,
Section 6 (2) (a.1), (a.2), (g.1), (h.1) and (j) were added by 2007-41-8(a), effective November 30, 2007 (BC Reg 399/2007).
Section 6 (2) (d) BEFORE amended by 2007-41-8(b), effective November 30, 2007 (BC Reg 399/2007).
(d) by agreement, may provide transportation services, and any other services it offers, to areas outside the transportation service region,
Section 6 (2) (f) BEFORE amended by 2007-41-8(c), effective November 30, 2007 (BC Reg 399/2007).
(f) may enter into an agreement with the government for the collection of taxes imposed under sections 4 (1) (c) and 10 (1) (c) of the Motor Fuel Tax Act and under section 61 (1) and (2) of the Social Service Tax Act,
Section 6 (2) (g) and (h) BEFORE amended by 2007-41-8(d), effective November 30, 2007 (BC Reg 399/2007).
(g) may exercise within a municipality in or through which a rail transportation system is planned, acquired, constructed, maintained or operated, all the powers in relation to that rail transportation system that a municipality authorized to lay out, construct and maintain highways may exercise in carrying out that authorization,
(h) has, for the purposes of planning, acquiring, constructing, maintaining and operating a rail transportation system on a highway in a municipality,
(i) all the rights, powers and advantages conferred by any enactment on that municipality with respect to that highway, and
(ii) the right to enjoy and exercise any right of way, easement or licence owned, enjoyed or exercised by that municipality in connection with or for the purposes of the municipality's operation of that highway,
Section 6 (2) (i) BEFORE amended by 2007-41-8(e), effective November 30, 2007 (BC Reg 399/2007).
(i) may exercise the rights, powers and advantages, and may enjoy and exercise the rights of way, easements or licences, referred to in paragraph (h) in the same manner and to the same extent as the municipality referred to in that paragraph might have done if the highway had not become part of a rail transportation system.
Section 6 (3) BEFORE amended by 2007-41-8(f), effective November 30, 2007 (BC Reg 399/2007).
(3) Without limiting subsection (1) or (2), the authority, for the purposes of a designated project, by bylaw, may
(a) establish standards for the construction, maintenance and rehabilitation of highways or other infrastructure that form part of the designated project,
(b) establish standards for the management, operation and use of highways that form part of the designated project, and
(c) subject to the Motor Vehicle Act, regulate the use of highways that form part of the designated project,
but may not do any of these things in relation to a highway that is also part of the provincial highway system.
Section 6 (5) (a) BEFORE amended by 2007-41-8(g), effective November 30, 2007 (BC Reg 399/2007).
(a) transfer an interest in the land to a subsidiary for the subsidiary's use and benefit in carrying out the authority's purposes in relation to a designated project, RAV or the C Line,
Section 6 (2) (f) BEFORE amended by 2013-1-115, effective April 1, 2013.
(f) may enter into an agreement with the government for the collection of taxes imposed under sections 4 (1) (c) and (d) and 10 (1) (c) and (d) of the Motor Fuel Tax Act and under section 61 (1) and (2) of the Social Service Tax Act,
Section 7 (3) BEFORE amended by 2007-41-9(a), effective November 30, 2007 (BC Reg 399/2007).
(3) As soon as possible, but within 90 days after the end of each fiscal year of the authority, the authority must prepare
(a) an annual report of the operations of the authority and its subsidiaries for the preceding fiscal year, and
(b) audited financial statements of the authority and its subsidiaries for the preceding fiscal year.
Section 7 (5) BEFORE amended by 2007-41-9(b), effective November 30, 2007 (BC Reg 399/2007).
(5) The Financial Information Act applies to the authority as if it were a corporation within the meaning of that Act.
Section 7 (3) (c) BEFORE amended by 2014-21-2, effective June 25, 2014 (BC Reg 131/2014).
(c) provide a copy of the annual report and a copy of the audited financial statements to the commissioner and the mayors' council on regional transportation.
Section 8 BEFORE repealed by 2007-41-10, effective November 30, 2007 (BC Reg 399/2007).
Board of directors
8 (1) Subject to any regulations made under subsection (8), the board of directors of the authority consists of 15 members appointed in accordance with this section.
(2) Subject to subsection (3), the Greater Vancouver Regional District must appoint 12 of the members of the board and each of the directors appointed by the Greater Vancouver Regional District must be
(a) a mayor of a municipality, or
(b) a member of the Greater Vancouver Regional District's board of directors.
(3) Subject to any regulations made under subsection (8), of the directors appointed under subsection (2),
(a) 3 must be elected officials in the City of Vancouver or in Electoral Area A of the Greater Vancouver Regional District,
(b) 3 must be elected officials in the City of Burnaby, the Corporation of the City of New Westminster, the City of Coquitlam, the Corporation of the City of Port Coquitlam, the City of Port Moody, the Corporation of the District of Pitt Meadows, the Corporation of the District of Maple Ridge, the Village of Anmore or the Village of Belcarra,
(c) one must be an elected official in the Corporation of the City of North Vancouver, the Corporation of the District of North Vancouver, the Corporation of the District of West Vancouver or the Village of Lions Bay or in Electoral Area C of the Greater Vancouver Regional District,
(d) 4 must be elected officials in the City of Richmond, the Corporation of the City of Surrey, the City of Langley, the Corporation of the City of White Rock, the Corporation of the Township of Langley or the Corporation of Delta, and
(e) one must be an elected official in a municipality or in an electoral area of the Greater Vancouver Regional District.
(4) The Lieutenant Governor in Council must appoint 3 of the members of the board, and each of the directors appointed by the Lieutenant Governor in Council must be
(a) a member of the Legislative Assembly who represents a constituency that is located, in whole or in part, in the transportation service region, or
(b) a minister with responsibility for municipal affairs or transportation or any other matter directly related to the purpose of the authority.
(5) A director appointed
(a) under subsection (2) holds office,
(i) in the case of the first directors appointed by the Greater Vancouver Regional District under subsection (2), until December 31, 1999, and
(ii) in any other case, for one year,
(b) under subsection (4) holds office at the pleasure of the Lieutenant Governor in Council, and
(c) under subsection (2) or (4) may be reappointed for further terms.
(6) If an individual ceases to satisfy the requirements of subsection (2), (3) or (4), as the case may be, that individual continues as a director until the earlier of
(a) the appointment of another director in his or her place, and
(b) the expiration of 90 days after that individual ceases to satisfy the requirements.
(7) If, for any reason, a director ceases to be a member of the board, no act or proceeding of the directors occurring within 90 days after the date on which that director ceases to be a member of the board is invalid merely because of there being in office less than the number of directors required by this section.
(8) Without limiting section 46, on the recommendation of the Greater Vancouver Regional District, the Lieutenant Governor in Council may, by regulation, amend one or more of subsections (1) to (4) of this section as follows:
(a) by changing the representation of directors required by subsection (3) of this section to reflect changes in the distribution of the Greater Vancouver Regional District's population;
(b) by changing the number of directors required by one or more of subsections (1), (2) and (4) and the representation of directors required by subsection (3) to accommodate changes in the boundaries of the transportation service region, including determining in which paragraph of subsection (3) a new area of the transportation service region is to be included.
Section 9 (3) (g) BEFORE amended by 2003-70-159, effective March 29, 2004 (BC Reg 64/2004).
(g) subject to section 15 (7) of this Act, establish subsidiaries under the Company Act, or acquire subsidiaries, to carry out the authority's purpose and responsibilities, and
Section 9 (3) (c) BEFORE amended by 2004-72-5, effective November 19, 2004 (BC Reg 508/2004).
(c) delegate, to a person employed by the authority or to a subsidiary, the exercise of a power of the authority, other than a power described in section 5, 6 (2) (a), (b) and (c), 17, 18, 19, 22, 24, 25, 28, 29, 30 or 46 (4),
Section 9 (3) (c) BEFORE amended by 2005-32-2, effective December 6, 2005 (BC Reg 347/2005).
(c) delegate, to a person employed by the authority or to a subsidiary, the exercise of a power of the authority, other than a power described in section 5, 6 (2) (a), (b) and (c), (3), (4) and (5), 17, 18, 19, 22, 24, 25, 28, 29, 29.1, 30 or 46 (4),
Section 9 BEFORE repealed by 2007-41-10, effective November 30, 2007 (BC Reg 399/2007).
Responsibilities of the board
9 (1) The board must appoint, from among its directors, a chair of the board for a one year term, and the chair may be reappointed for further terms.
(2) The board must appoint a chief executive officer of the authority and, subject to section 11, must establish his or her terms and conditions of employment.
(3) The board must supervise the management of the affairs of the authority and may, unless otherwise provided in this Act, by resolution,
(a) exercise the powers and duties of the authority and the powers and duties conferred on the board under this Act,
(b) establish a plan of organization to carry out the powers and duties of the authority,
(c) delegate, to a person employed by the authority or to a subsidiary, the exercise of a power of the authority, other than a power described in section 5, 6 (2) (a), (b) and (c), (3), (4) and (5), 17, 18, 19, 22, 24, 25, 28, 29, 29.1 or 46 (4) or in Part 7,
(d) delegate a duty of the authority to a person employed by the authority, to a subsidiary or to a contractor of the authority,
(e) establish committees of directors and delegate to those committees the powers and duties of the board, except the power to appoint a chair, to appoint a chief executive officer or to delegate a power of the board,
(f) subject to subsection (4), establish rules of procedure for the conduct of meetings of, and rules of conduct for
(i) the board,
(ii) the authority,
(iii) any committee of directors established by the board, and
(iv) any advisory committee appointed under section 6 (2) (e),
(g) subject to section 15 (7) of this Act, establish subsidiaries under the Business Corporations Act, or acquire subsidiaries, to carry out the authority's purpose and responsibilities, and
(i) appoint the boards and chairs of those subsidiaries,
(ii) establish rules of conduct for the boards of those subsidiaries, and
(iii) review and approve the annual operating budgets of those subsidiaries, and
(h) establish guidelines for the payment by the authority of
(i) reimbursement to its directors for expenses incurred in the discharge of their duties, and
(ii) fees to its directors and to the chair of the board for performing their respective duties.
(4) Subject to subsection (5), each meeting of the board must be open to the public.
(5) The board may, when it is appropriate to do so, exclude persons other than directors from all or part of a meeting.
Section 10 (c) BEFORE amended by 2014-21-3, effective June 25, 2014 (BC Reg 131/2014).
(c) in accordance with any guidelines established by the board, determine the compensation of those persons.
Part 1, division 1, section 13.1 was enacted by 2007-41-11, effective November 30, 2007 (BC Reg 399/2007).
Part 1, division 2 heading was enacted by 2007-41-12, effective November 30, 2007 (BC Reg 399/2007).
Division 2, sections 13.2 to 13.5 were enacted by 2007-41-12, effective November 30, 2007 (BC Reg 399/2007).
Section 13.3 (1) (i) BEFORE repealed by 2007-41-42, effective January 1, 2009.
(i) a copy of the authority's current strategic transportation plan.
Section 13.4 (a) (part) BEFORE amended by 2007-41-43, effective January 1, 2009.
along with a comparison of the operations of the authority and its subsidiaries to the applicable strategic transportation plan or strategic plan as the case may be, and the applicable service, capital and operational plans;
Section 13.5 BEFORE repealed by 2014-21-5, effective June 25, 2014 (BC Reg 131/2014).
Duty to provide information
13.5 (1) In addition to providing the records required under section 7 (3) (c), the authority must promptly provide to the commissioner information requested by the commissioner.
(2) If the authority receives from the commissioner any form of return, the authority must fully and correctly answer each question in the return and promptly deliver the completed return to the commissioner.
Section 14 BEFORE repealed by 2007-41-44, effective January 1, 2009.
Strategic transportation plan
14 (1) To guide the authority in carrying out its responsibilities, the authority must, within 2 years after it is established, prepare and adopt a strategic transportation plan respecting
(a) the provision of the regional transportation system, and
(b) transportation demand management.
(2) The strategic transportation plan must
(a) identify the major actions that the authority plans to undertake during the period to which the plan applies,
(b) set out the relationship between the major actions planned by the authority and
(i) the regional growth strategy, and
(ii) the air quality objectives for, and the economic development of, the transportation service region, and
(c) include a long range capital and financial plan.
(3) The authority must prepare all its capital and service plans and policies and carry out all its activities and services in a manner that is consistent with its strategic transportation plan.
(4) The authority must submit its strategic transportation plan, and any amendments to it, for ratification by a resolution of the Greater Vancouver Regional District board of directors.
(5) Every time the regional growth strategy is reviewed under section 869 of the Local Government Act, the authority must review its strategic transportation plan, make any appropriate revisions to it and resubmit it under subsection (4) of this section.
Part 1, Division 3 heading was enacted by 2007-41-13, effective November 30, 2007 (BC Reg 399/2007).
Section 15 (4) BEFORE amended by 2004-72-6, effective November 19, 2004 (BC Reg 508/2004).
(4) The authority need not consult in relation to an assessment under subsection (3) (a), (b) or (c) if the assessment results in a decrease in the taxes, project toll charges, user fees, motor vehicle charges or parking taxes, as the case may be.
Section 15 (3) (c) BEFORE amended by 2005-32-3, effective December 6, 2005 (BC Reg 347/2005).
(c) assessing any parking taxes under section 30 (2), or
Section 15 (3) BEFORE amended by 2007-41-14(a), effective November 30, 2007 (BC Reg 399/2007).
(3) Subject to subsection (4) and section 35, the authority must consult with the public, all the municipalities and any other organizations that the authority considers will be affected before
Section 15 (4) (a) BEFORE amended by 2007-41-15, effective November 30, 2007 (BC Reg 399/2007).
(a) an assessment referred to in subsection (3) (a), (b), (b.1) or (c) if the assessment results in a decrease in the taxes, project toll charges, user fees, motor vehicle charges, designated tolls or parking taxes, as the case may be, or
Section 15 (5) BEFORE amended by 2007-41-14(c), effective November 30, 2007 (BC Reg 399/2007).
(5) The authority must consult with the government, all the municipalities and the Greater Vancouver Regional District before
Section 15 (6) BEFORE amended by 2007-41-14(d), effective November 30, 2007 (BC Reg 399/2007).
(6) The authority must consult with all the municipalities before taking any action under sections 18 (2) (b) and 22 (3).
Section 15 (1) (a) (i) BEFORE amended by 2007-41-34(a), effective January 1, 2008.
(i) consultation, in the manner required in this section, with the public, municipalities, organizations, the Greater Vancouver Regional District, the government and trade unions, and
Section 15 (5) BEFORE amended by 2007-41-34(b), effective January 1, 2008.
(5) The authority must consult with the government, all the municipalities that the authority considers will be affected and the Greater Vancouver Regional District before
Section 15 (3) and (4) BEFORE repealed by 2007-41-45, effective January 1, 2009.
(3) Subject to subsection (4) and section 35, the authority must consult with the public and with any municipality and other organization that the authority considers will be affected before
(a) assessing any taxes under section 25 (2),
(b) assessing any project toll charges, user fees or motor vehicle charges under section 29,
(b.1) assessing any designated tolls under section 29.1 (2) or adopting a bylaw under section 29.1 (3),
(c) assessing any parking taxes under section 133 (1), or
(d) finalizing the preparation of the strategic transportation plan and any amendments to the plan.
(4) The authority need not consult in relation to
(a) an assessment referred to in subsection (3) (a), (b), (b.1) or (c) if the assessment results in no change to or a decrease in the taxes, project toll charges, user fees, motor vehicle charges, designated tolls or parking taxes, as the case may be, or
(b) an assessment under section 29.1 (2), whether or not the power to make the assessment has been delegated under section 29.1 (4) (f), if the assessment is made in accordance with a bylaw under section 29.1 (3) that has been ratified by the Greater Vancouver Regional District board of directors.
Section 15 (3.1) (part) BEFORE amended by 2010-21-228, effective June 25, 2010 (BC Reg 197/2010).
(3.1) Before a base plan and any supplement is provided to the mayors' council on regional transportation under section 202 (b), the authority must consult, on matters that the authority proposes to include in those plans, with
Section 15 (3.1) BEFORE amended by 2014-21-6, effective June 25, 2014 (BC Reg 131/2014).
(3.1) Before a base plan or any supplement is provided to the mayors' council on regional transportation under section 202, the authority must consult, on matters that the authority proposes to include in that plan, with
(a) the public in the transportation service region,
(b) the mayors' council on regional transportation,
(c) the Greater Vancouver Regional District, and
(d) any municipality and other organization that the authority considers will be affected.
Section 15 (3.1) (part) BEFORE amended by 2015-41-3, effective November 17, 2015 (Royal Assent).
(3.1) Before an investment plan is provided to the mayors' council on regional transportation under 202.1, the authority must consult, on matters that the authority proposes to include in that plan, with
Section 15 (1) (a) (i) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(i) consultation, in the manner required in this section, with the public, mayors' council on regional transportation, municipalities, organizations, the Greater Vancouver Regional District, the government and trade unions, and
Section 16 (1) (a) (i) BEFORE amended by 2004-72-7, effective November 19, 2004 (BC Reg 508/2004).
(3) A bylaw assessing a tax, a project toll charge, a motor vehicle charge or a parking tax does not require ratification by the Greater Vancouver Regional District board of directors before coming into force if
(a) the board of the authority, after full examination of the capital and operating expenditures of the authority and its subsidiaries, determines that assessing the proposed taxes or charges is necessary and unavoidable in order to meet the debt obligations properly incurred by the authority under section 31, and
(b) the board of the authority has passed a resolution by a vote of at least 2/3 of its members present at the meeting
(i) confirming that the circumstances in paragraph (a) exist, and
(ii) declaring that, despite section 25 (3), 29 (5) or 30 (5), as the case may be, ratification of the Greater Vancouver Regional District board of directors is not required.
Section 16 (3) (b) (ii) BEFORE amended by 2005-32-4, effective December 6, 2005 (BC Reg 347/2005).
(ii) declaring that, despite section 25 (3), 29 (5), 29.1 (5) or 30 (5), as the case may be, ratification of the Greater Vancouver Regional District board of directors is not required.
Section 16 (3) (b) BEFORE amended by 2007-41-16, effective November 30, 2007 (BC Reg 399/2007).
(b) the board of the authority has passed a resolution by a vote of at least 2/3 of its members present at the meeting
Section 16 (1) BEFORE amended by 2007-41-35(a) and (b), effective January 1, 2008.
(1) If the authority requires the approval or ratification of the Greater Vancouver Regional District board of directors before taking any action under this Act, the Greater Vancouver Regional District board of directors must, on request of the authority for approval or ratification, respond to that request by a resolution made
(a) within 120 days after receipt of the request, or
(b) within any longer period agreed by the board of the authority and the board of directors of the Greater Vancouver Regional District.
Section 16 (2) BEFORE amended by 2007-41-35(a) and (c), effective January 1, 2008.
(2) If the Greater Vancouver Regional District board of directors fails to respond to the request referred to in subsection (1) within the required period of time, that board of directors is deemed to have approved or ratified the action.
Section 16 (3) BEFORE amended by 2007-41-35(a), effective January 1, 2008.
(3) A bylaw assessing a tax, a project toll charge, a motor vehicle charge, a designated toll or a parking tax does not require ratification by the Greater Vancouver Regional District board of directors before coming into force if
(a) the board of the authority, after full examination of the capital and operating expenditures of the authority and its subsidiaries, determines that assessing the proposed taxes or charges is necessary and unavoidable in order to meet the debt obligations properly incurred by the authority under section 31, and
(b) the board of the authority has passed a resolution by a vote of at least 2/3 of its members voting at the meeting
(i) confirming that the circumstances in paragraph (a) exist, and
(ii) declaring that, despite section 25 (3), 29 (5), 29.1 (5) or 133 (5), as the case may be, ratification of the Greater Vancouver Regional District board of directors is not required.
Section 16 (1), (2) and (2.1) BEFORE repealed by 2007-41-46, effective January 1, 2009.
(1) If the authority requires the approval or ratification of the mayors' council on regional transportation before taking any action under this Act, the mayors' council on regional transportation must, on request of the authority for approval or ratification, respond to that request by a resolution made
(a) within 120 days after receipt of the request, or
(b) within any longer period agreed by the board of the authority and the mayors' council on regional transportation.
(2) If the mayors' council on regional transportation fails to respond to the request referred to in subsection (1) within the required period of time, the mayors' council on regional transportation is deemed to have approved or ratified the action.
(2.1) Subsections (1) and (2) do not apply to a supplement provided to the mayors' council on regional transportation for approval under Part 9.
Section 16 (3) BEFORE amended by 2007-41-47, effective January 1, 2009.
(3) A bylaw assessing a tax, a project toll charge, a motor vehicle charge, a designated toll or a parking tax does not require ratification by the mayors' council on regional transportation before coming into force if
(a) the board of the authority, after full examination of the capital and operating expenditures of the authority and its subsidiaries, determines that assessing the proposed taxes or charges is necessary and unavoidable in order to meet the debt obligations properly incurred by the authority under section 31, and
(b) the board of the authority has passed a resolution by a vote of at least 2/3 of its members voting at the meeting
(i) confirming that the circumstances in paragraph (a) exist, and
(ii) declaring that, despite section 25 (3), 29 (5), 29.1 (5) or 133 (5), as the case may be, ratification of the mayors' council on regional transportation is not required.
Section 16.1 was enacted in Part 1 by 2003-45-4, effective May 23, 2003 [retro from May 29, 2003 (Royal Assent)].
Section 16.1 BEFORE repealed by 2007-41-46, effective January 1, 2009.
Richmond-Airport-Vancouver rapid transit project
16.1 (1) Without limiting section 14, the authority may, by resolution of the board, amend the strategic transportation plan to incorporate the Richmond-Airport-Vancouver rapid transit project.
(2) Except to the extent provided in subsections (3) and (4) of this section, sections 14, 15 and 16 do not apply to an amendment of the strategic transportation plan under subsection (1) of this section.
(3) If the authority amends the strategic transportation plan in accordance with subsection (1),
(a) the authority is deemed to have complied with sections 14 and 15 in relation to that portion of the strategic transportation plan that results from the amendment,
(b) the authority must submit the amendment for ratification by a resolution of the Greater Vancouver Regional District board of directors,
(c) the Greater Vancouver Regional District board of directors must, on the request of the authority for ratification of that amendment, respond to that request by a resolution made on or before May 30, 2003, and
(d) the Greater Vancouver Regional District board of directors is deemed to have ratified the amendment if that board of directors
(i) receives the amendment on or before May 27, 2003, and
(ii) fails to respond to the request referred to in paragraph (c) of this subsection on or before May 30, 2003.
(4) An amendment to the strategic transportation plan under subsection (1) of this section takes effect after all of the following have occurred:
(a) the amendment is ratified by the Greater Vancouver Regional District board of directors under subsection (3) (c) or (d);
(b) the government provides notice to the authority that the government has received a commitment from the government of Canada to provide funding for the construction of the Richmond-Airport-Vancouver rapid transit project in an amount and on terms that are satisfactory to the government;
(c) the authority enters into an agreement with the government and the Vancouver International Airport Authority under which the parties to the agreement agree on the terms in accordance with which the Richmond-Airport-Vancouver rapid transit project is to be constructed.
Section 21 (1) and (2) BEFORE amended by 2003-52-97(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(1) Despite the Vancouver Charter or any other enactment, a municipality must not, without the approval of the authority, take, authorize or permit any action that would reduce the capacity of all or any part of the major road network to move people.
(2) (2) Despite the Vancouver Charter or any other enactment but subject to subsection (3) of this section, a municipality must not, without the approval of the authority, take, authorize or permit any action that would prohibit the movement of trucks on all or any part of a highway in the transportation service region.
Section 21 (4) (b) (i) BEFORE amended by 2003-52-97(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(i) with the approval of the Minister of Transportation and Highways under section 545 of the Local Government Act, and
Section 21 (6) BEFORE amended by 2003-52-97(c), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(6) The approval of the Minister of Transportation and Highways is not required under section 531 (1) of the Local Government Act for a bylaw, described in subsection (4) of this section, that is passed after this section comes into force.
Section 21 (6) BEFORE amended by 2005-32-5, effective December 6, 2005 (BC Reg 347/2005).
(6) The approval of the minister responsible for the Highways Act is not required under section 36 (2) (c) [regulation of extraordinary traffic on arterial highways] of the Community Charter for a bylaw, described in subsection (4) of this section, passed after this section comes into force.
Section 21 (4) (b) (i) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(i) with the approval of the Minister of Transportation and Highways under section 531 of the Local Government Act as that section read immediately before its repeal by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, and
Section 22 (2) BEFORE amended by 2003-52-98(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(2) Despite section 23 of the Transport of Dangerous Goods Act, a municipality must not make a bylaw under that section in respect of a highway that is part of the major road network.
Section 22 (5) BEFORE amended by 2003-52-98(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(5) A bylaw made by a municipality under section 23 of the Transport of Dangerous Goods Act in respect of any part of the major road network ceases to have effect when, under subsection (3) of this section, the authority adopts a bylaw in respect of that part of the major road network.
Section 23 (1) (a) BEFORE amended by 2003-52-99(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(a) section 525 (1) of the Local Government Act;
Section 23 (2) and (4) BEFORE amended by 2003-52-99(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(2) Despite section 524 of the Local Government Act, the authority has the right of possession of any highway referred to in subsection (1) of this section.
(4) If all or any part of a highway referred to in subsection (1) is located within a municipality, the authority has and may exercise, within that municipality, all the powers with respect to that highway that the municipality has to lay out, construct and maintain a highway.
Section 23 (3) BEFORE amended by 2004-44-112, effective December 31, 2004 (BC Reg 547/2004).
(3) Despite section 30 of the Highway Act, the authority is responsible for and has control of the construction and maintenance of, any highway referred to in subsection (1) of this section.
Section 25 (8) BEFORE amended by 2003-3-12, effective January 1, 2003 [retro from March 12, 2003 (RA)].
(8) The minister may direct that the authority include in any amount to be raised under this section in a rural area of the transportation service region an amount for the costs and outlays of collection of the taxes assessed under this section.
Section 25 (6) (b) BEFORE amended by 2003-52-100, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(b) uses the same relationships between tax rates, and the same formulas for calculating those relationships, as does the variable tax rate system prescribed for regional districts under section 359.2 of the Local Government Act.
Section 25 (1) definition of "assessment commissioner" BEFORE repealed by 2007-13-55(a), effective September 24, 2007 (BC Reg 292/2007).
"assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act;
Section 25 (9) BEFORE amended by 2007-13-55(b), effective September 24, 2007 (BC Reg 292/2007).
(9) If required by the authority, the assessment commissioner must certify and forward to the authority the current year net taxable values of all land and improvements in respect of which tax may be assessed under this section for any municipality or any rural area in the transportation service region.
Section 25 (4) (b) BEFORE amended by 2007-41-15, effective November 30, 2007 (BC Reg 399/2007).
(b) the bylaw results in a decrease in the tax assessed under subsection (2).
Section 25 (5) BEFORE amended by 2007-41-17(a), effective November 30, 2007 (BC Reg 399/2007).
(5) On or before May 1 in each year, the authority must send to the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the taxes assessed by the authority under subsection (2).
Section 25 (6) BEFORE amended by 2007-41-17(b), effective November 30, 2007 (BC Reg 399/2007).
(6) If, after the authority has made its first bylaw under subsection (2), the authority increases the tax assessed under this section, the authority must adopt a variable tax rate system that
(a) is applicable only to that increase, and
(b) uses the same relationships between tax rates, and the same formulas for calculating those relationships, as does the variable tax rate system prescribed for regional hospital districts under section 27 of the Hospital District Act.
Section 25 (3) BEFORE amended by 2007-41-36(a), effective January 1, 2008.
(3) Subject to subsection (4) of this section and section 16 (3), a bylaw made under subsection (2) does not come into force until the bylaw is ratified by a resolution of the Greater Vancouver Regional District board of directors.
Section 25 (4) BEFORE amended by 2007-41-36(b), effective January 1, 2008.
(4) A bylaw made under subsection (2) does not require ratification by the Greater Vancouver Regional District board of directors under subsection (3) before coming into force if
(a) the bylaw is the first bylaw made by the authority under subsection (2), or
(b) the bylaw results in no change to or a decrease in the tax assessed under subsection (2).
Section 25 (part) BEFORE amended (renumbered) by BC Reg 55/2008 under RS1996-440-12, effective March 6, 2008 (BC Reg 55/2008).
(1) Subject to subsection (4) of this section and section 16 (3), a bylaw made under subsection (2) in 2008 does not come into force,
Section 25 (2) (a) BEFORE amended by 2007-41-48(a), effective January 1, 2009.
(a) may, by bylaw, assess a tax on the net taxable value of land and improvements in the transportation service region, other than land and improvements that are taxable for school purposes only by special Act, and
Section 25 (3) and (4) BEFORE repealed by 2007-41-48(b), effective January 1, 2009.
(3) Subject to subsection (4) of this section and section 16 (3), a bylaw made under subsection (2) in 2008 does not come into force,
(a) in the case of a bylaw applicable to 2008, until the bylaw is ratified by a resolution of the mayors' council on regional transportation, and
(b) in the case of a bylaw applicable to any year after 2008, unless the tax being assessed under the bylaw is within the parameters established by the strategic plan applicable to that year.
(4) A bylaw made under subsection (2) does not require ratification by the mayors' council on regional transportation under subsection (3) before coming into force if
(a) the bylaw is the first bylaw made by the authority under subsection (2), or
(b) the bylaw results in no change to or a decrease in the tax assessed under subsection (2).
Section 25 (5) BEFORE amended by 2007-36-71(b), effective April 3, 2009 (BC Reg 55/2009) [amended by 2007-36-72, effective April 3, 2009 (BC Reg 55/2009).
(5) On or before May 1 in each year, the authority must send to the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the taxes assessed by the authority under subsection (2) and, if applicable, subsection (7.1).
Section 25 (9) BEFORE amended by 2007-36-71(b), effective April 3, 2009 (BC Reg 55/2009).
(9) If required by the authority, the British Columbia Assessment Authority must certify and forward to the authority the current year net taxable values of all land and improvements in respect of which tax may be assessed under this section for any municipality or any rural area in the transportation service region.
Section 25 (1) definition of "net taxable value" was added by 2024-13-236(a), effective January 1, 2025.
Section 25 (2.1), (5) and (7.2) BEFORE amended by 2024-13-236(b), effective January 1, 2025.
(2.1) Despite subsections (2) and (6), if the authority assesses a tax under those subsections for a taxation year, the authority, instead of assessing the tax in the treaty lands of a taxing treaty first nation, by bylaw, must apply the applicable tax rates under those subsections to the net taxable value of land and improvements in those treaty lands to determine the amount that would have been assessed in relation to those treaty lands if the authority were levying a tax in those treaty lands.
(5) On or before May 1 of each year, the authority must send to
(a) the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the taxes assessed by the authority under subsection (2) (a), and, if applicable, subsection (7.1), and
(b) each taxing treaty first nation a requisition for the amount determined for the taxing treaty first nation under subsection (2.1), including a statement of the rates applied to the net taxable value of land and improvements in the treaty lands to determine that amount.
(7.2) Despite subsection (7.1), if a tax is assessed under that subsection, the amount that would have been assessed in relation to the treaty lands of a taxing treaty first nation if the authority were levying a tax on the net taxable value of land and improvements in those treaty lands must be recovered from the treaty first nation by sending the treaty first nation a requisition for that amount under subsection (5) (b).
Section 25 (9) BEFORE amended by 2024-13-236(c) and (d), effective January 1, 2025.
(9) If required by the authority, the British Columbia Assessment Authority must certify and forward to the authority the net taxable values of land and improvements, for the current year, in respect of which tax may be assessed under this section in
(c) the treaty lands of a taxing treaty first nation
in the transportation service region.
Section 26 (3) BEFORE amended by 2003-3-12, effective January 1, 2003 [retro from March 12, 2003 (RA)].
(3) The amounts payable by the Surveyor of Taxes to the authority under subsection (2) do not include any amount assessed under section 25 (8).
Section 26 (4) (c) BEFORE amended by 2003-2-34, effective April 4, 2003 (BC Reg 160/2002).
(c) a public body as defined in the Auditor General Act,
Section 26 (2) BEFORE amended by 2005-32-6(b), effective December 6, 2005 (BC Reg 347/2005).
(2) In each year in which the authority assesses taxes under section 25, the municipality or the Surveyor of Taxes, as the case may be, must pay to the authority
(a) by August 1 of the year for which the taxes are assessed, all of the assessed taxes that had been collected by July 15 of that year, and
(b) by December 31 of the year for which the taxes are assessed, the balance of the assessed taxes, whether or not all of the assessed taxes have been collected.
Section 26 (4) (a) and (b) BEFORE amended by 2005-32-6(c), effective December 6, 2005 (BC Reg 347/2005).
(a) the government of Canada under the Municipal Grants Act (Canada),
(b) a corporation included in Schedule III or IV of the Municipal Grants Act (Canada), or
Section 26 (8), (9) and (10) were added by 2005-32-6(d), effective December 6, 2005 (BC Reg 347/2005).
Section 26 (7) BEFORE amended by 2007-36-74(b), effective April 3, 2009 (BC Reg 55/2009).
(7) If a municipality fails to pay the authority the amount it is required to pay the authority under this section, the authority may do one or more of the following:
Section 26 (1.2) and (7) (part) BEFORE amended by 2024-13-237, effective January 1, 2025.
(1.2) If a taxing treaty first nation receives a requisition under section 25 (5) (b) or 133 (4) (b), the taxing treaty first nation must pay to the authority the amount of the requisition by August 1 of the year in which the requisition was sent.
(7) If a municipality or taxing treaty first nation fails to pay the authority the amount it is required to pay the authority under this section, the authority may do one or more of the following:
Section 27 (1) and (4) BEFORE amended by 2003-52-101, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(1) Subject to this Act and the Assessment Act, all of the provisions of the Local Government Act, the Vancouver Charter and the Taxation (Rural Area) Act apply to the following in the same manner as they would apply to property taxes imposed under those Acts:
(a) the assessment, levy, collection and recovery of taxes assessed under section 25 of this Act in a municipality or rural area, as the case may be;
(b) the addition of penalties and interest on the taxes that are in arrears or are delinquent.
(4) Each taxation notice under subsection (2) must conform with any applicable specifications prescribed under the Local Government Act, the Vancouver Charter or the Taxation (Rural Area) Act and must also provide the details and particulars of the taxes required under those Acts.
Section 27 (5) BEFORE amended by 2004-72-9, effective October 21, 2004 (Royal Assent).
(5) Sections 130 to 132 of the School Act apply in respect of assessment and taxation under this Act.
Section 27 (5) BEFORE amended by 2005-16-9, effective March 3, 2005 (Royal Assent).
(5) Sections 130 to 132 of the School Act apply in respect of assessment and taxation under section 25 of this Act.
Section 27 BEFORE re-enacted by 2005-32-7, effective December 6, 2005 (BC Reg 347/2005).
Levy and collection of property taxes
27 (1) Subject to this Act and the Assessment Act, all of the provisions of the Community Charter, the Local Government Act, the Vancouver Charter and the Taxation (Rural Area) Act apply to the following in the same manner as they would apply to property taxes imposed under those Acts:
(a) the assessment, levy, collection and recovery of taxes assessed under section 25 of this Act in a municipality or rural area, as the case may be;
(b) the addition of penalties and interest on the taxes that are in arrears or are delinquent.
(2) The collector of each municipality or the Surveyor of Taxes, as the case may be, must prepare and mail to each person named on the property tax roll who is liable for taxes under section 25 as the assessed owner in the municipality or rural area, a notice setting out the tax payable.
(3) A notice under subsection (2) must
(a) form part of the taxation notice for raising money for other purposes, and
(b) set out the total amount of taxes assessed under section 25 in respect of each property on which they have been assessed.
(4) Each taxation notice under subsection (2) must conform with any applicable specifications prescribed under the Community Charter, the Local Government Act, the Vancouver Charter or the Taxation (Rural Area) Act and must also provide the details and particulars of the taxes required under those Acts.
(5) Sections 130, 131, and 132 of the School Act apply in respect of assessment and taxation under section 25 of this Act.
Section 27 (8) BEFORE amended by 2007-36-75, effective April 3, 2009 (BC Reg 55/2009).
(8) Sections 130, 131 and 132 of the School Act apply in respect of assessment and taxation under section 25 of this Act.
Section 27 (8) BEFORE amended by 2018-4-102, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
(8) Except in relation to the treaty lands of a taxing treaty first nation, sections 130, 131 and 132 of the School Act apply in respect of assessment and taxation under section 25 of this Act.
Section 27 (8) BEFORE amended by 2024-13-237, effective January 1, 2025.
(8) Except in relation to the treaty lands of a taxing treaty first nation, sections 130, 131, 131.01 and 132 of the School Act apply in respect of assessment and taxation under section 25 of this Act.
Section 27.1 (1) definition of "fuel tax revenue" BEFORE amended by 2011-16-1(a), effective April 1, 2012 (BC Reg 11/2012).
"fuel tax revenue", in any fiscal year, means the taxes to which the authority is entitled in that fiscal year under sections 4 (1) (c) and (d) and 10 (1) (c) and (d) of the Motor Fuel Tax Act.
Section 27.1 (2) BEFORE amended by 2011-16-1(b), effective April 1, 2012 (BC Reg 11/2012).
(2) The authority may, by bylaw referred to in subsection (6), set, as the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act, a rate of tax that does not exceed $0.03 per litre.
Section 27.1 (6) (a) BEFORE amended by 2011-16-1(b), effective April 1, 2012 (BC Reg 11/2012).
(a) set, as the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act, the rate of tax, in an amount that does not exceed $0.03 per litre, that the authority is authorized to set by the strategic plan that results from the approval of the supplement referred to in subsection (3) (a) of this section, and
Section 27.1 (8) BEFORE amended by 2011-16-1(b), effective April 1, 2012 (BC Reg 11/2012).
(8) After delivering to the director the records referred to in subsection (7), the rate of tax payable under sections 4 (1) (d) and 10 (1) (d) of the Motor Fuel Tax Act is, effective on the date set by the authority under subsection (6) (b) of this section, the rate of tax set under subsection (6) (a).
Section 27.1 (2) BEFORE amended by 2014-21-7, effective June 25, 2014 (BC Reg 131/2014).
(2) The authority may, by bylaw referred to in subsection (6), set, as the rate of tax payable under sections 4 (1) (d) (i) and 10 (1) (d) (i) of the Motor Fuel Tax Act, a rate of tax that does not exceed $0.03 per litre.
Section 27.11 was enacted by 2011-16-2, effective July 6, 2011 [retro November 14, 2011] (Royal Assent).
Section 27.11 (2) BEFORE amended by 2014-21-7, effective June 25, 2014 (BC Reg 131/2014).
(2) The authority may, by bylaw referred to in subsection (5), set, as the rate of tax payable under sections 4 (1) (d) (ii) and 10 (1) (d) (ii) of the Motor Fuel Tax Act, a rate of tax that does not exceed $0.02 per litre.
Section 27.2 (2) (b) BEFORE amended by 2018-56-53, effective February 22, 2019 (BC Reg 30/2019).
(b) the parcel or portion is in an agricultural land reserve that is established under the Agricultural Land Commission Act, is subject to sections 18 to 20 and 28 of that Act and satisfies one or more of the conditions set out in subsection (3) of this section.
Section 27.2 (1), (5) (part) and (9) BEFORE amended by 2024-13-238, effective January 1, 2025.
(1) Subject to this section, property that is in the treaty lands of a taxing treaty first nation and exempt
(a) under the laws of the treaty first nation from property taxation imposed by the treaty first nation, or
(b) under a tax treatment agreement from property taxation imposed under this Act
must be treated as if it were exempt for the purposes of calculating the rates under section 25 (2) and (6) and the amount of a requisition under section 25 (5) (b).
(5) Property that would be exempt from taxation under laws of a taxing treaty first nation that have the same effect in respect of its treaty lands as a bylaw authorized under section 225 [partnering and other exemptions] of the Community Charter has in respect of land within a municipality in relation to
(9) Property must not be treated as exempt for the purposes of calculating the rates under section 25 (2) and (6), and the amount of a requisition under section 25 (5) (b), of this Act if the property is exempted from property tax under a law of a taxing treaty first nation that has the same effect in respect of its treaty lands as a bylaw has under section 226 [revitalization tax exemptions] of the Community Charter in respect of land within a municipality.
Section 29 (6) BEFORE amended by 2007-41-15, effective November 30, 2007 (BC Reg 399/2007).
(6) A bylaw made under subsection (1) or (3) does not require ratification by the Greater Vancouver Regional District board of directors under subsection (5) before coming into force if the bylaw results in a decrease in the project toll charge or motor vehicle charge, as the case may be, assessed under this section.
Section 29 (5) and (6) BEFORE amended by 2007-41-37, effective January 1, 2008.
(5) Subject to subsection (6) and section 16 (3), a bylaw made under subsection (1) or (3) of this section does not come into force until the bylaw is ratified by a resolution of the Greater Vancouver Regional District board of directors.
(6) A bylaw made under subsection (1) or (3) does not require ratification by the Greater Vancouver Regional District board of directors under subsection (5) before coming into force if the bylaw results in no change to or a decrease in the project toll charge or motor vehicle charge, as the case may be, assessed under this section.
Section 29 (2) and (3) BEFORE amended by 2007-41-49(a), effective January 1, 2009.
(2) The authority may, by bylaw, assess user fees on persons using custom transit services or services of a ferry, bus transportation system or rail transportation system in the transportation service region.
(3) The authority may, by bylaw, assess motor vehicle charges on any owner or operator of a motor vehicle that is principally used in the transportation service region or that uses all or any designated part of the regional transportation system.
Section 29 (5) and (6) BEFORE amended by 2007-41-49(b), effective January 1, 2009.
(5) Subject to subsection (6) and section 16 (3), a bylaw made under subsection (1) or (3) of this section does not come into force until the bylaw is ratified by a resolution of the mayors' council on regional transportation.
(6) A bylaw made under subsection (1) or (3) does not require ratification by the mayors' council on regional transportation under subsection (5) before coming into force if the bylaw results in no change to or a decrease in the project toll charge or motor vehicle charge, as the case may be, assessed under this section.
Section 29.1 (6) BEFORE amended by 2007-41-15, effective November 30, 2007 (BC Reg 399/2007).
(6) A bylaw made under subsection (2) or (3) does not require ratification by the Greater Vancouver Regional District board of directors before coming into force if the bylaw results in a decrease in the designated toll.
Section 29.1 (1) BEFORE amended by 2007-41-20(a) and (b), effective November 30, 2007 (BC Reg 399/2007).
(1) In this section, "costs associated with a designated project" includes the cost of any of the following in relation to the designated project:
Section 29.1 (2) BEFORE amended by 2007-41-20(c) and (d), effective November 30, 2007 (BC Reg 399/2007).
(2) In order to recover all or part of the costs associated with a designated project, the authority, by bylaw, may assess toll charges or other charges in relation to the tolls or the collection of tolls on persons who use, or on owners or operators of motor vehicles that are driven on, a part of the designated project.
Section 29.1 (4) (a) BEFORE amended by 2007-41-20(c), effective November 30, 2007 (BC Reg 399/2007).
(a) establish different classes of users, operators, owners, motor vehicles or parts of the designated project,
Section 29.1 (4) (b) (i) and (ii) BEFORE amended by 2007-41-20(e) and (f), effective November 30, 2007 (BC Reg 399/2007).
(i) different dates, days or times the part of the designated project is used;
(ii) the extent of use of a part of the designated project;
Section 29.1 (4) (f) BEFORE amended by 2007-41-20(g), effective November 30, 2007 (BC Reg 399/2007).
(f) despite section 9 (3) (c), if the authority has adopted a bylaw in relation to each matter described in subsection (3) of this section, delegate to a subsidiary the power to do either or both of the following:
Section 29.1 (5), (6) and (7) BEFORE amended by 2007-41-38, effective January 1, 2008.
(5) Subject to subsection (6), a bylaw made under subsection (2) or (3) does not come into force until the bylaw is ratified by a resolution of the Greater Vancouver Regional District board of directors.
(6) A bylaw made under subsection (2) or (3) does not require ratification by the Greater Vancouver Regional District board of directors before coming into force if the bylaw results in no change to or a decrease in the designated toll.
(7) If the authority delegates to a subsidiary a power referred to in subsection (4) (f), the subsidiary must exercise the power by director's resolution, which resolution need not be ratified by the Greater Vancouver Regional District board of directors to be effective.
Section 30 (1) definitions "assessment commissioner", "property" and "property class" were added by 2004-72-11(a), effective October 21, 2004 (Royal Assent).
Section 30 (1) definition "residential parking" BEFORE amended by 2004-72-11(b), effective October 21, 2004 (Royal Assent).
"residential parking" means parking on a parking site that is located in or in close proximity to a specific building, by persons who, as a result of being owners or lessees of or tenants in a residential dwelling unit in the building,
(a) have an exclusive right to park on all or any specific part of the parking site, or
(b) in the case of a parking tax imposed under subsection (2), have an exclusive right to park on all or any specific parking spaces located in the parking site,
whether or not there is an additional charge for the residential parking over the purchase price, lease payment or rent paid for the residential dwelling unit;
Section 30 (1) definitions "taxable parking area" and "taxable parking space" BEFORE amended by 2004-72-11(c), effective October 21, 2004 (Royal Assent).
"taxable parking area" means the area, calculated in the manner set out in the bylaw made under subsection (2), of that part of a parking site that is not used or available solely for residential parking;
"taxable parking space" means a parking space that is not used or available solely for residential parking;
Section 30 (2) BEFORE amended by 2004-72-11(d), effective October 21, 2004 (Royal Assent).
(2) The authority may, by bylaw, assess a parking tax on one or both of
Section 30 (7) BEFORE amended by 2004-72-11(f) to (h), effective October 21, 2004 (Royal Assent).
(7) Without limiting section 46, on the recommendation of the authority, the Lieutenant Governor in Council may make regulations under this section respecting the following:
(a) the preparation of a parking tax assessment roll;
(b) the provision of notices of assessment to owners of parking sites to be taxed;
(c) revisions to the parking tax assessment roll;
(d) appeals of or related to assessments under this section.
Section 30 BEFORE repealed by 2005-32-8, effective December 6, 2005 (BC Reg 347/2005).
Parking tax
30 (1) In this section:
"assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act;
"improvements" has the same meaning as in the Assessment Act;
"land" has the same meaning as in the Assessment Act;
"motor vehicle" has the same meaning as in the Motor Vehicle Act;
"parking site" means, in respect of land located in the areas of the transportation service region to which the parking tax under this section applies, the part of the land and any improvements on the land that is used, available or designed for the parking of motor vehicles and for any purpose that is in any way related or ancillary to that parking, whether or not there is a fee for that parking and whether or not the parking is available to the general public, and includes, without limitation, any part of the land and the improvements on the land
(a) that provides access to the space used, available or designed for parking, including, without limitation, ramps, driveways, turning areas and places on which motor vehicles may be driven,
(b) that separates or marks parking spaces, lanes for driving and other spaces, whether by way of painted markings or by curbs, walls, columns, pillars or other objects,
(c) on which is constructed a booth or other improvement for the use or occupancy of one or more parking attendants, and
(d) on which is erected anything in any way related or ancillary to parking, including, without limitation, lighting for the parking site and machines or devices used, available or designed for one or more of the collection of parking fees, the provision of parking tickets and the insertion of parking cards;
"parking space" means
(a) the part of a parking site that is marked out, by painted lines or otherwise, as being intended or available for the parking of a single motor vehicle, or
(b) for an unmarked parking site, a part of it that is established under a bylaw to be a parking space;
"property" includes land and improvements;
"property class" has the same meaning as in the Assessment Act;
"residential parking" means parking on a parking site that is on property classified as property class 1;
"taxable parking area" means the area, calculated in the manner set out in the bylaw made under subsection (2), of that part of a parking site that is not residential parking;
"taxable parking space" means a parking space that is not residential parking;
"unmarked parking site" means a parking site or a part of a parking site that does not contain parking spaces marked as set out in paragraph (a) of the definition of "parking space".
(2) Subject to exemptions by or under subsection (4.1), the authority may, by bylaw, assess a parking tax on one or both of
(a) the taxable parking area of parking sites located in the transportation service region, and
(b) the taxable parking spaces of parking sites located in the transportation service region.
(2.1) For the purposes of this section, the assessment commissioner may enter into an agreement with the authority under which the authority delegates to the assessment commissioner some or all of the authority's powers and duties in relation to a parking site roll, including, without limiting this,
(a) powers and duties in relation to the preparation of a parking site roll, and
(b) other powers and duties in relation to the parking site roll.
(2.2) If the assessment commissioner enters into an agreement described in subsection (2.1), the assessment commissioner, to the extent provided in the agreement, may delegate to any person, including an officer or employee of the British Columbia Assessment Authority, a power or duty of the assessment commissioner under the agreement
(2.3) If the assessment commissioner delegates a power or duty in relation to the parking site roll to an officer or employee of the British Columbia Assessment Authority, the officer or employee, despite section 10 (e) of the Assessment Authority Act, is to exercise the power or perform the duty.
(2.4) A parking site roll must do all the following:
(a) identify each property that is
(i) in an area of the transportation service region to which the parking tax applies, as determined by the authority under subsection (4) (a), and
(ii) liable to assessment of a parking tax under subsection (2);
(b) for each property identified under paragraph (a) of this subsection, identify the owner, as defined in the Assessment Act;
(c) for each property identified under paragraph (a) of this subsection, set out, as provided in the agreement,
(i) the taxable parking area, or
(ii) the number of taxable parking spaces.
(3) The tax referred to in subsection (2) must be set at a flat rate per square metre of taxable parking area or per taxable parking space, as the case may be.
(4) For the purposes of subsections (2) and (3), the authority may
(a) determine the areas of the transportation service region to which the parking tax applies, and
(b) establish the rate for the tax or establish different rates of tax for different areas of the transportation service region.
(4.1) The following are exempt from assessment of a parking tax under this section:
(a) property classes 7 and 9;
(b) property that is wholly exempt from taxation under the Community Charter, the Local Government Act, the School Act, the Taxation (Rural Area) Act or the Vancouver Charter;
(c) each of the following that is exempted by bylaw of the authority:
(i) land or improvements or both;
(ii) a property class;
(iii) a type of land or improvements or both.
(4.2) A type of land or improvements or both under subsection (4.1) (c) (iii) may be defined, without limitation, based on the person or class of persons that owns or occupies the property.
(5) Subject to subsection (6) of this section and section 16 (3), a bylaw made under subsection (2) of this section does not come into force until the bylaw is ratified by a resolution of the Greater Vancouver Regional District board of directors.
(6) A bylaw made under subsection (2) does not require ratification by the Greater Vancouver Regional District board of directors under subsection (5) before coming into force if the bylaw results in a decrease in the parking tax assessed under subsection (2).
(7) Without limiting section 46, on the recommendation of the authority, the Lieutenant Governor in Council may make regulations under this section respecting the following:
(a) the preparation of a parking site roll;
(b) the provision of notices to owners of parking sites included in the parking site roll;
(c) revisions to the parking site roll;
(d) appeals of or related to the parking site roll.
(8) Without limiting subsection (7), on the recommendation of the authority, the Lieutenant Governor in Council, for the purposes of that subsection, by regulation may
(a) provide powers and duties to the authority, including, without limiting this, some or all of the assessment commissioners powers and duties under the Assessment Act or the Assessment Authority Act,
(b) apply provisions of the Assessment Act in relation to a parking site roll, and
(c) despite section 9 (3) (c) of this Act and without limiting section 9 (3) (d), authorize the authority to delegate its powers in relation to a parking site roll to the assessment commissioner.
Section 30.1 (1) BEFORE amended by 2005-32-9, effective December 6, 2005 (BC Reg 347/2005).
30.1 (1) In addition to the authority’s rights under section 30, the authority may, by bylaw,
Section 30.1 (1) (b) (i) BEFORE amended by 2007-41-21(a), effective November 30, 2007 (BC Reg 399/2007).
(i) at least 2 months after the date on which the bylaw is passed, and
Section 30.1 (2) BEFORE amended by 2007-41-21(b), effective November 30, 2007 (BC Reg 399/2007).
(2) If the authority passes a bylaw referred to in subsection (1), the authority must deliver a copy of that bylaw to the commissioner under the Social Service Tax Act no later than the business day following the day on which the bylaw is passed.
Section 30.1 (3) and (4) were added by 2007-41-21(c), effective November 30, 2007 (BC Reg 399/2007).
Section 30.1 (1) BEFORE amended by 2007-41-50(a), effective January 1, 2009.
(1) In addition to the authority's rights under Part 7, the authority may, by bylaw,
Section 30.1 (1) (b) (i) BEFORE amended by 2007-41-50(b), effective January 1, 2009.
(i) at least 2 months after the date on which the bylaw is ratified under subsection (3), and
Section 30.1 (2) BEFORE amended by 2007-41-50(c), effective January 1, 2009.
(2) If the authority passes a bylaw referred to in subsection (1), the authority must deliver a copy of that bylaw to the commissioner under the Social Service Tax Act no later than the business day following the day on which the bylaw is ratified under subsection (3).
Section 30.1 (3) and (4) BEFORE repealed by 2007-41-50(d), effective January 1, 2009.
(3) Subject to subsection (4), a bylaw made under subsection (1) does not come into force until the bylaw is ratified by a resolution of the mayors' council on regional transportation.
(4) A bylaw made under subsection (1) does not require ratification by the mayors' council on regional transportation before coming into force if the bylaw results in no change to or a decrease in the rate of tax.
Section 30.1 (1) (a) BEFORE amended by 2010-18-75(b), effective July 1, 2010.
(a) set, as the rate of tax payable under section 61 (1) of the Social Service Tax Act, a rate of tax that does not exceed 21% of the purchase price of the parking right in respect of which the tax is paid, and
Section 30.1 (2) BEFORE repealed by 2010-18-75(c), effective July 1, 2010.
(2) If the authority passes a bylaw referred to in subsection (1), the authority must deliver a copy of that bylaw to the commissioner under the Social Service Tax Act no later than the business day following the day on which the bylaw is passed.
Section 30.1 (1) (a) BEFORE amended by 2018-44-1, effective November 8, 2018 (Royal Assent).
(a) set, as the rate of tax payable under Part 7.1, a rate of tax that does not exceed 21% of the purchase price of the parking right in respect of which the tax is paid, and
Section 30.1 (1) (a) BEFORE amended by 2025-10-34, effective May 29, 2025 (Royal Assent).
(a) set, as the rate of tax payable under Part 7.1, a rate of tax that does not exceed 24% of the purchase price of the parking right in respect of which the tax is paid, and
Section 31 (1) BEFORE amended by 2007-41-22, effective November 30, 2007 (BC Reg 399/2007).
(1) The outstanding debt obligations of the authority arising from borrowings, calculated in accordance with a regulation made under section 46 (1), must not be greater than $1 billion 50 million or any increased amount proposed by a resolution of the board and ratified by a resolution of the Greater Vancouver Regional District board of directors.
Section 31 (1) (c) (i) BEFORE amended by 2010-21-229, effective June 25, 2010 (BC Reg 197/2010).
(i) provided to the mayors' council on regional transportation under section 202 (b), and
Section 31 (1) and (1.1) BEFORE amended and (1) (d) was added by 2014-21-8, effective June 25, 2014 (BC Reg 131/2014).
(1) The outstanding debt obligations of the authority arising from borrowings, calculated in accordance with a regulation made under section 46 (1), must not be greater than the greatest of
(b) an amount proposed by a resolution of the board and ratified by a resolution of the Greater Vancouver Regional District board of directors, and
(c) an amount proposed in a supplement, if the supplement was
(i) provided to the mayors' council on regional transportation under section 202 (2), and
(ii) approved by the mayors' council on regional transportation under section 204 (b).
(1.1) Before the mayors' council on regional transportation approves a supplement that proposes an increase in the amount the authority may borrow, the mayors' council on regional transportation must consult with the Greater Vancouver Regional District board of directors.
Section 31 (1) (b) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(b) an amount proposed by a resolution of the board and ratified by a resolution of the Greater Vancouver Regional District board of directors,
Section 31 (1.1) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(1.1) Before the mayors' council on regional transportation approves an investment plan that proposes an increase in the amount the authority may borrow, the mayors' council on regional transportation must consult with the Greater Vancouver Regional District board of directors.
Section 34 (1) and (3) BEFORE amended by 2003-52-101, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(1) Subject to subsection (2), on the recommendation of the authority, the Lieutenant Governor in Council may, by order, exempt from taxation and payment of fees under, and from licensing requirements under, the Local Government Act, the Vancouver Charter or the Motor Carrier Act
(a) the authority or any of its subsidiaries or contractors in relation to the construction, acquisition or operation by any of them of the regional transportation system, and
(b) a municipality in relation to its construction, acquisition or operation of independent transit services approved under section 5 (1).
(3) Despite subsections (1) and (2), the Lieutenant Governor in Council may, by order, exempt a person the Lieutenant Governor in Council specifies from liability for taxation under the Assessment Authority Act, the School Act, the Hospital District Act, the Municipal Finance Authority Act, the Local Government Act, the Vancouver Charter and this Act, in respect of any land and improvements, within the meaning that applies to those terms under the Act in respect of which the exemption is given, that the Lieutenant Governor in Council designates in the order as owned or used by that person for the purpose of the construction, acquisition or operation of
(a) the Rapid Transit Project,
(b) an advanced light rapid transit system, or
(c) a rail transportation system.
Section 34 (1) BEFORE amended by 2004-39-71, effective June 28, 2004 (BC Reg 265/2004).
(1) Subject to subsection (2), on the recommendation of the authority, the Lieutenant Governor in Council may, by order, exempt from taxation and payment of fees under, and from licensing requirements under, the Community Charter, the Local Government Act, the Vancouver Charter or the Motor Carrier Act
Section 34 (3) (a), (b) and (c) BEFORE amended by 2004-72-12, effective November 19, 2004 (BC Reg 508/2004).
(a) the Rapid Transit Project,
(b) an advanced light rapid transit system, or
(c) a rail transportation system.
Section 34 (3) (a), (b) and (c) BEFORE amended by 2006-15-13, effective March 30, 2005 [retro from March 30, 2006 (Royal Assent)].
(3) Despite subsections (1) and (2), the Lieutenant Governor in Council may, by order, exempt a person the Lieutenant Governor in Council specifies from liability for taxation under the Assessment Authority Act, the School Act, the Hospital District Act, the Municipal Finance Authority Act, the Community Charter, the Local Government Act, the Vancouver Charter and this Act, in respect of any land and improvements, within the meaning that applies to those terms under the Act in respect of which the exemption is given, that the Lieutenant Governor in Council designates in the order as owned or used by that person for the purpose of the construction, acquisition or operation of
(a) the Rapid Transit Project,
(b) another rail transportation system, or
(c) a designated project.
Section 34 (3) (part) BEFORE amended by 2007-8-42, effective December 31, 2006 [retro from March 29, 2007 (Royal Assent)].
(3) Despite subsections (1) and (2), the Lieutenant Governor in Council may, by order, exempt a person the Lieutenant Governor in Council specifies from liability for taxation under the Assessment Authority Act, the School Act, the Hospital District Act, the Municipal Finance Authority Act, the Community Charter, the Local Government Act, the Vancouver Charter and this Act, in respect of any land and improvements, within the meaning that applies to those terms under the Act in respect of which the exemption is given, that
Section 34 (3) (a) BEFORE amended by 2007-41-23, effective November 30, 2007 (BC Reg 399/2007).
(a) the person acquires or uses for the purpose of the construction, acquisition or operation of
(i) the Rapid Transit Project,
(ii) another rail transportation system, or
(iii) a designated project, and
Section 34 (3) (a) (iv) and (v) were added by 2007-41-23, effective November 30, 2007 (BC Reg 399/2007).
Section 34 (3) BEFORE amended by 2008-10-111, effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(3) Despite subsections (1) and (2), the Lieutenant Governor in Council may, by order, exempt a person the Lieutenant Governor in Council specifies from liability for taxation under the Assessment Authority Act, the School Act, the Police Act, the Hospital District Act, the Municipal Finance Authority Act, the Community Charter, the Local Government Act, the Vancouver Charter and this Act, in respect of any land and improvements, within the meaning that applies to those terms under the Act in respect of which the exemption is given, that
(a) the person acquires or uses for the purpose of the construction, acquisition or operation of
(i) the Rapid Transit Project,
(ii) another rail transportation system,
(iii) a designated project,
(iv) a busway, or
(v) a major crossing, and
(b) are described or are of a type characterized in the order.
(c) [Repealed 2006-15-13.]
Section 34 (3.1) to (3.4) were added by 2008-10-111, effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 34.1 BEFORE repealed by BC Reg 59/2018 under 1998-30-34.1(4), effective March 22, 2018 (BC Reg 59/2018).
Proposed additional funding sources
34.1 (1) In this section, "additional funding sources" means
(a) a source of revenue for, or funding of, the authority, other than a source of revenue or funding that is available to the authority under this Act,
(b) an increase of the limits on or rates of a source of revenue for, or funding of, the authority under this Act,
(c) the modification of assessment mechanisms that apply under this Act to a source of revenue for, or funding of, the authority, or
(d) amendment to an enactment to enforce a source of revenue for the authority.
(2) The mayors' council on regional transportation may present a proposal to the minister that demonstrates the need of the authority for additional funding sources.
(3) The mayors' council on regional transportation must demonstrate to the minister's satisfaction that a majority of the electors in the transportation service region supports the proposal referred to in subsection (2).
(4) The Lieutenant Governor in Council may repeal this section by regulation.
Section 37 (7) BEFORE amended by 2023-10-1065, effective March 30, 2023 (Royal Assent).
(7) A transferred employee must not suffer a reduction in seniority, salary or superannuation, pension plan or other benefits merely because his or her employment has been transferred under this section.
Section 38 (14) BEFORE amended by 2013-1-116, effective April 1, 2013.
(14) Despite the Social Service Tax Act and the Land Title Act, the authority is, in respect of any transfer of assets under this section and in respect of any registration of any interest in land transferred under this section,
(a) exempt from taxes imposed by the Social Service Tax Act, and
(b) exempt from the requirement to pay fees under section 386 of the Land Title Act.
Section 38 (8) BEFORE repealed by 2015-12-16, effective May 21, 2015 [7 days after May 14, 2015 (Royal Assent)].
(8) Subject to any orders made under subsection (10) (d), on the date that this subsection comes into force, the authority is granted a lease, for a nominal rental, to use, operate and generate revenues from the assets of BC Transit that are specified in an order made under subsection (10) (c).
Section 38 (10) (b) BEFORE amended by 2015-12-16, effective May 21, 2015 [7 days after May 14, 2015 (Royal Assent)].
(b) specifying any assets or liabilities or proportions or parts of assets or liabilities of the government for the purposes of subsection (3),
Section 38 (10) (c) and (d) BEFORE repealed by 2015-12-16, effective May 21, 2015 [7 days after May 14, 2015 (Royal Assent)].
(c) specifying any assets of BC Transit for the purposes of subsection (8),
(d) respecting the terms and conditions of a lease under subsection (8), including specifying different terms and conditions for different assets referred to in that subsection, and
Section 38 (4) BEFORE amended by 2015-27-55, effective May 10, 2016 (BC Reg 109/2016).
(4) For the purposes of this section, assets that become assets of the authority under subsections (2) and (3) include records and parts of records, and without limiting this, and despite the Document Disposal Act,
(a) subject to subsection (5) of this section and to any orders made under subsection (10) (a), all of the records and parts of records of BC Transit that are located in the transportation service region or are associated with the provision of transportation services in that region are transferred to and become the records of the authority on the date that subsection (2) comes into force,
(b) all of the records and parts of records specified in an order made under subsection (10) (b) are transferred to and become the records of the authority on the date that subsection (3) comes into force, and
(c) none of the transferred records are subject to the Document Disposal Act.
Section 39 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(1) There may be established one or more trusts, to be administered by the Minister of Finance and Corporate Relations or by another person designated by that minister,
Section 39 (3) (a) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(a) have a value, and be of a type or class of assets, acceptable to the Minister of Finance and Corporate Relations, and
Section 40 (6) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(6) The Minister of Finance and Corporate Relations may make payments out of the consolidated revenue fund, without an appropriation other than this subsection, for the payment of liabilities transferred to the government under this section.
Section 44 (1) BEFORE amended by 2004-44-113, effective December 31, 2004 (BC Reg 547/2004).
44 (1) If the Lieutenant Governor in Council revokes an order, made under the Highway Act, by which a highway that is located in the transportation service region was classified as an arterial or secondary highway, neither the municipality in which the highway is located nor the authority is responsible for payment of any debt obligations that were incurred by the government, before the classification was revoked, for capital costs in respect of that highway.
Section 44.1 (a) BEFORE amended by 2007-41-25, effective November 30, 2007 (BC Reg 399/2007).
(a) ensuring safety in relation to the operation of the designated project, or
Section 45.1 (1) (c) BEFORE amended by 2012-33-4, effective June 25, 2012 (BC Reg 189/2012).
(c) a person who obstructs or interferes with the commissioner or any inspector in the exercise of rights conferred or duties imposed under this Act.
Section 45.1 (1) and (5) BEFORE amended by 2014-21-9(a) and (c), effective June 25, 2014 (BC Reg 131/2014).
(1) The following persons commit an offence:
(a) a person who fails or refuses to obey an order of the commissioner made under this Act;
(b) a person who wilfully or negligently provides information to the commissioner that is false in any particular;
(c) a person who obstructs or interferes with the commissioner, an inspector, or a performance auditor within the meaning of section 227.1, in the exercise of rights conferred or duties imposed under this Act.
(5) Nothing in or done under this section affects the liability of the authority or prejudices enforcement of an order of the commissioner in any way otherwise available.
Section 45.1 (2) and (3) BEFORE repealed by 2014-21-9(b), effective June 25, 2014 (BC Reg 131/2014).
(2) Without limiting subsection (1), a person commits an offence if the person
(a) has been retained as a member of the staff of the commissioner or has been appointed as an inspector,
(b) has access to or knowledge of information procured under this Act, other than information provided at a public hearing, and
(c) without first obtaining the authorization of the commissioner, discloses that information,
unless the person makes that disclosure in accordance with the terms of this Act or is otherwise obligated at law to make that disclosure.
(3) Subsection (1) (c) does not apply if the commissioner or inspector does not, on request at the time, produce a certificate of his or her appointment or authorization.
Section 46 (2) (a) BEFORE amended by 2003-70-160, effective March 29, 2004 (BC Reg 64/2004).
(a) specifying any provision of the Company Act that does not apply to a subsidiary incorporated under, or otherwise subject to, the Company Act,
Section 46 (3) BEFORE amended by 2003-70-160, effective March 29, 2004 (BC Reg 64/2004).
(3) If the Lieutenant Governor in Council makes a regulation under subsection (2) (a) of this section, the specified provision of the Company Act does not apply to the subsidiary.
Section 46 (2) (a) BEFORE amended by 2003-70-161, effective March 29, 2004 (BC Reg 64/2004).
(a) specifying any provision of the Company Act that does not apply to a subsidiary incorporated under, or otherwise subject to, the Company Act,
Section 46 (4) (e) BEFORE amended by 2004-72-14, effective November 19, 2004 (BC Reg 508/2004).
(e) requiring the payment of project toll charges, user fees and motor vehicle charges and respecting their collection and enforcement;
Section 46 (4) (f) (ii) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).
(ii) requiring arbitration under the Commercial Arbitration Act;
Section 47 (3) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(3) The Minister of Finance and Corporate Relations may make payments out of the consolidated revenue fund, without an appropriation other than this subsection, for the payment of liabilities transferred to the government under this section.
Section 50 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(1) There may be established one or more trusts, to be administered by the Minister of Finance and Corporate Relations or by another person designated by that minister for the purpose of repayment of the government's debt obligations
(a) that relate to the regional hospital district's percentages of each of the debt obligations owed by the regional hospital district to the British Columbia Regional Hospital Districts Financing Authority, and
(b) that
(i) are transferred to the government from the British Columbia Regional Hospital Districts Financing Authority under section 47, or
(ii) were incurred by the government in order to lend money to the British Columbia Regional Hospital Districts Financing Authority before the repeal of the Hospital District Finance Act.
Section 50 (2) (a) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(2) A regional hospital district must, if directed to do so by the Minister of Finance and Corporate Relations, deposit assets into a trust or trusts established under subsection (1), which assets must
(a) have a value and be of a type or class of assets acceptable to the Minister of Finance and Corporate Relations, and
Section 130 BEFORE repealed by 2005-32-10, effective December 6, 2005 (BC Reg 347/2005).
Commencement
130 (1) This Act, except sections 29 (3), 38, 43, 47 to 50, 92, 120 and 121, comes into force by regulation of the Lieutenant Governor in Council.
(2) Section 29 (3) comes into force on October 1, 2001.
(3) Sections 38, 43, 47 to 50, 92, 120 and 121 come into force on March 31, 1999 or on an earlier date set by regulation of the Lieutenant Governor in Council.
Section 131 definition of "commissioner" BEFORE repealed by 2007-13-56, effective September 24, 2007 (BC Reg 292/2007).
"commissioner" has the same meaning as in the Assessment Act;
Section 132 (1) (part) BEFORE amended by 2007-13-57, effective September 24, 2007 (BC Reg 292/2007).
(1) Sections 36 and 39, Part 5, and sections 52, 55, 59 to 65, 66 (1) and (2), 67 and 68 of the Assessment Act apply to parking site rolls and the preparation of complaints against and appeals related to those rolls, and, for that purpose, a reference in those sections or that Part to a word or phrase set out in Column A is to be read as a reference to the word or phrase listed opposite in Column B.
Part 7, sections 131 to 168 were enacted by 2005-32-11, effective December 6, 2005 (BC Reg 347/2005).
Section 133 (1) BEFORE amended by 2007-41-27(a), effective November 30, 2007 (BC Reg 399/2007).
(1) The authority may, by bylaw, assess a parking tax on one or both of
Section 133 (4) BEFORE amended by 2007-41-27(c), effective November 30, 2007 (BC Reg 399/2007).
(4) On or before May 1 in each year, the authority must send to the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the parking tax assessed by the authority under subsection (1).
Section 133 (6) (b) BEFORE amended by 2007-41-15, effective November 30, 2007 (BC Reg 399/2007).
(b) the bylaw results in a decrease in the parking tax.
Section 133 (4) BEFORE amended by 2007-36-77(b), effective April 3, 2009 (BC Reg 55/2009) [as amended by 2007-36-78, effective April 3, 2009 (BC Reg 55/2009)].
(4) On or before May 1 of each year before 2008, the authority must send to the collector in each municipality and to the Surveyor of Taxes a notice setting out the tax rates that are applicable to the parking tax assessed by the authority under subsection (1).
Section 133 (5) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(5) Subject to subsection (6) of this section and section 16 (3), a bylaw made under subsection (1) of this section does not come into force until the bylaw is ratified by a resolution of the Greater Vancouver Regional District board of directors.
Section 133 (6) (part) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(6) A bylaw made under subsection (1) does not require ratification by the Greater Vancouver Regional District board of directors under subsection (5) before coming into force if
Section 133 (3.1) BEFORE amended by 2024-13-239, effective January 1, 2025.
(3.1) Despite subsections (1) and (2), if the authority assesses a tax under those subsections for a taxation year, the authority, instead of assessing the tax in the treaty lands of a taxing treaty first nation, by bylaw, must apply the tax rate established under subsection (2) (b) in relation to the treaty lands to determine the amount that would have been assessed in relation to those treaty lands if the authority were assessing a tax on the taxable parking area, or taxable parking spaces, of parking sites in those treaty lands.
Section 133 (4) (b) (part) BEFORE amended by 2024-13-239, effective January 1, 2025.
(b) send to each taxing treaty first nation a requisition setting out
Section 134 (1) BEFORE amended by 2007-41-28(a), effective November 30, 2007 (BC Reg 399/2007).
(1) For the purposes of this Part, on or before December 31 of each year, the authority must complete a new parking site roll containing a list of each property that is in the transportation service region and that is liable to assessment of parking tax.
Section 134 (3) BEFORE amended by 2007-41-28(b), effective November 30, 2007 (BC Reg 399/2007).
(3) The authority must maintain the parking site roll, and the parking site roll must be available for public inspection during regular business hours at the office of the authority.
Section 135 (1) BEFORE amended by 2007-36-79(a), effective April 3, 2009 (BC Reg 55/2009).
(1) The authority must provide the following, as soon as they become available, to each municipality in the transportation service region that has taxable parking areas or taxable parking spaces and to the Surveyor of Taxes:
Section 135 (2) BEFORE amended by 2007-36-79(b), effective April 3, 2009 (BC Reg 55/2009).
(2) Despite section 152 (1), the parking site rolls and amendments referred to in subsection (1) of this section must be provided to the municipality and the Surveyor of Taxes free of charge.
Section 135 (1) (part) and (2) BEFORE amended by 2024-13-239, effective January 1, 2025.
(1) The authority must provide the following, as soon as they become available, to each municipality and taxing treaty first nation in the transportation service region that has taxable parking areas or taxable parking spaces and to the Surveyor of Taxes:
(2) Despite section 152 (1), the parking site rolls and amendments referred to in subsection (1) of this section must be provided to the municipality, the taxing treaty first nation and the Surveyor of Taxes free of charge.
Section 136 (1) BEFORE amended by 2007-36-80, effective April 3, 2009 (BC Reg 55/2009).
(1) Despite any other provision of this Part, the following are exempt from assessment of a parking tax:
Section 136.1 BEFORE amended by 2024-13-239, effective January 1, 2025.
Exemptions for treaty lands of taxing treaty first nations
136.1 Section 136 (1) (a), (b) and (e) applies in relation to the treaty lands of a taxing treaty first nation, and section 136 (1) (c) and (d) applies in relation to the treaty lands of a taxing treaty first nation to the same extent they would apply if the treaty lands were subject to taxation under the School Act, for the purposes of calculating the rates under section 133 (2) (b) and the amount of a requisition under section 133 (4) (b).
Section 137 BEFORE amended by 2007-13-58, effective September 24, 2007 (BC Reg 292/2007).
Role of assessment commissioner
137 (1) For the purposes of this Part, the assessment commissioner may enter into an agreement with the authority under which the authority delegates to the assessment commissioner some or all of the authority's powers and duties in relation to parking site rolls, including, without limitation, powers and duties in relation to the preparation of those rolls.
(2) If the assessment commissioner enters into an agreement described in subsection (1), the assessment commissioner, to the extent provided in the agreement, may delegate to any person, including an officer or employee of the British Columbia Assessment Authority, a power or duty of the assessment commissioner under the agreement.
(3) If the assessment commissioner delegates a power or duty in relation to parking site rolls to an officer or employee of the British Columbia Assessment Authority, the officer or employee, despite section 10 (e) of the Assessment Authority Act, is to exercise the power or perform the duty.
Section 150 (b) BEFORE amended by 2007-13-58, effective September 24, 2007 (BC Reg 292/2007).
(b) to the assessment commissioner if the authority has delegated all or part of its responsibilities to the assessment commissioner under section 137 (1),
Section 151 (a) and (b) BEFORE amended by 2007-13-58, effective September 24, 2007 (BC Reg 292/2007).
(a) the authority may share with one or more of the assessment commissioner, the review panel and the board any information that is or may be included in a parking site roll, and
(b) the assessment commissioner, the review panel and the board may share with the authority any information that is or may be included in an assessment roll.
Section 157 (2) (a) BEFORE amended by 2007-41-15, effective November 30, 2007 (BC Reg 399/2007).
(a) results in a decrease in the area of the taxable parking area of, or in the number of taxable parking spaces in, the property, and
Section 159 (7) (b) BEFORE amended by 2023-10-1066, effective March 30, 2023 (Royal Assent).
(b) administer an oath or solemn affirmation to a person or witness before his or her evidence is taken, and
Section 163 (1.1), (4.1), (4.2) and (4.3) were added by 2007-13-59(a), effective September 24, 2007 (BC Reg 292/2007).
Section 163 (6) (b) and (c) BEFORE amended by 2007-13-59(b), effective September 24, 2007 (BC Reg 292/2007).
(b) appeals from omissions or refusals by the review panels to adjudicate complaints made under section 155 (1), or
(c) complaints about amendments to the parking site roll made under section 143 (2).
Section 163 (5) BEFORE amended by 2023-10-1067, effective March 30, 2023 (Royal Assent).
(5) If a notice of appeal is deficient or if the prescribed appeal fee is outstanding, the chair of the board may in his or her discretion allow a reasonable period of time within which the notice may be perfected or the fee is to be paid.
Section 167 (2) (c) BEFORE amended by 2007-13-58, effective September 24, 2007 (BC Reg 292/2007).
(c) despite section 9 (3) (c) and without limiting section 9 (3) (d), authorize the authority to delegate any or all of its powers and duties in relation to parking site rolls, on the terms and conditions the authority considers appropriate, to the assessment commissioner.
Section 167 (3) BEFORE amended by 2007-13-60, effective September 24, 2007 (BC Reg 292/2007).
(3) The powers and duties that may be provided to the authority under subsection (2) (a) include, without limitation, the assessment commissioner's powers and duties under the Assessment Act or the Assessment Authority Act in relation to the property tax and assessment rolls, including, without limitation, their preparation, review and amendment and any related notices, complaints and appeals.
Section 167 (2) (c) BEFORE amended by 2007-41-29, effective November 30, 2007 (BC Reg 399/2007).
(c) despite section 9 (3) (c) and without limiting section 9 (3) (d), authorize the authority to delegate any or all of its powers and duties in relation to parking site rolls, on the terms and conditions the authority considers appropriate, to the British Columbia Assessment Authority.
Section 167 (l) (1) BEFORE repealed by 2014-20-11, effective February 13, 2015 (BC Reg 21/2015).
(l) defining words and expressions used but not defined in this Act, and
Section 168 and 169 BEFORE repealed by 2007-41-30, effective November 30, 2007 (BC Reg 399/2007).
Review of Part
168 Within 10 years after the coming into force of this Part, the government must initiate a review of this Part to determine what changes, if any, should be made.
Commencement
169 (1) This Act, except sections 29 (3), 38, 43, 47 to 50, 92, 120 and 121, comes into force by regulation of the Lieutenant Governor in Council.
(2) Section 29 (3) comes into force on October 1, 2001.
(3) Sections 38, 43, 47 to 50, 92, 120 and 121 come into force on March 31, 1999 or on an earlier date set by regulation of the Lieutenant Governor in Council.
Section 169.02 (3) (a) BEFORE amended by 2018-44-2, effective November 8, 2018 (Royal Assent).
(a) the amount of tax, paid or payable by the purchaser under this section or section 61 of the Social Service Tax Act in relation to the parking right, that is attributable to the remainder of the parking period, and
Section 169.03 (1) (a) and (b) BEFORE amended by 2018-44-3, effective November 8, 2018 (Royal Assent).
(a) the purchaser purchased a parking right for which the person is exempt from tax under this Part or section 61 of the Social Service Tax Act, and
(b) the purchaser subsequently, for any period, uses a portion of that parking right or allows a portion of that parking right to be used for a purpose other than that which allowed the person to be exempt from tax under this Part or section 61 of the Social Service Tax Act.
Section 169.09 (1) BEFORE amended by 2018-44-4(a), effective November 8, 2018 (Royal Assent).
(1) If the administrator is satisfied that an amount has been paid as tax under this Part or under section 61 of the Social Service Tax Act in circumstances where there was no legal obligation to pay the amount as tax, the administrator must refund that amount to the person entitled to it.
Section 169.09 (3) BEFORE repealed by 2018-44-4(b), effective November 8, 2018 (Royal Assent).
(3) If the administrator is satisfied that a person has remitted to the commissioner under the Social Service Tax Act an amount as collected taxes, in relation to a purchase of a parking right, that the person neither collected nor was required to collect under that Act, the administrator must refund the amount to the person.
Section 169.1 (a) and (b) BEFORE amended by 2018-44-5, effective November 8, 2018 (Royal Assent).
(a) if authorized by the regulations, may pay a refund of all or part of tax paid under this Part or under section 61 of the Social Service Tax Act by an applicant for a refund, and
(b) if required by the regulations, must pay a refund of all or part of tax paid under this Part or under section 61 of the Social Service Tax Act by an applicant for a refund.
Section 169.21 (3) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
(3) Subsections (1) and (2) apply whether the purchase price is payable in cash, on terms, by installments or otherwise.
Section 169.52 (1) (c) BEFORE replaced by 2011-25-447, effective March 18, 2013 (BC Reg 131/2012).
[Note: 2011-25-447 was re-enacted by 2013-1-72, effective February 28, 2013.]
(c) as provided in, or ordered under, section 39 (3), 40 (1), 99 (5) or 100 (1) of the Family Relations Act or section 8 (3) or 9 (2) of the Family Maintenance Enforcement Act;
Section 169.52 (1) (d) (ii) BEFORE amended by 2018-44-6(a), effective November 8, 2018 (Royal Assent).
(ii) relates to the administration or enforcement of this Part or Division 8 of Part 2 of the Social Service Tax Act, and
Section 169.52 (3) BEFORE repealed by 2018-44-6(b), effective November 8, 2018 (Royal Assent).
(3) Despite section 4 of the Social Service Tax Act, a person who has custody of or control over information or records under that Act may disclose the information or records to any other person under an agreement referred to in subsection (1) (d).
Section 169.6 (3) (e) (part) BEFORE amended by 2018-44-7, effective November 8, 2018 (Royal Assent).
(e) for the purposes of section 169.1 [refunds authorized or required under the regulations], providing for a refund of all or part of tax paid under this Part or under section 61 of the Social Service Tax Act, including, without limitation, regulations doing one or more of the following:
Section 169.62 BEFORE re-enacted by 2018-44-8, effective November 8, 2018 (Royal Assent).
Continuation of bylaw setting rate of tax
169.62 Subject to the authority passing a bylaw under section 30.1 setting a rate of tax payable under Part 7.1 that takes effect on July 1, 2010, if a bylaw under section 30.1 is in effect on June 30, 2010,
(b) the rate of tax set by that bylaw as the rate of tax payable under section 61 (1) of the Social Service Tax Act is deemed to be set as the rate of tax payable under Part 7.1 of this Act, and
(c) the rate of tax deemed to be set under paragraph (b) of this section takes effect on July 1, 2010.
Section 169.63 (2) and (4) BEFORE repealed by 2018-44-9, effective November 8, 2018 (Royal Assent).
(2) Tax is not payable by a purchaser under section 169.02 (1) in respect of a portion of the purchase price of a parking right if the purchaser must pay tax under section 61 of the Social Service Tax Act in respect of the portion of the purchase price of the parking right.
(4) Section 4.82 (1) and (4) of the Social Service Tax Act applies for the purposes of this section as if this section were an application section, except that a reference in that section to "tangible personal property" is to be read as "a parking right".
Section 169.64 BEFORE repealed by 1998-30-169.64(3), effective January 1, 2011.
Registration certificates
169.64 (1) Effective on July 1, 2010, a vendor who, immediately before that date, holds a registration certificate issued under the Social Service Tax Act is deemed to have been issued a registration certificate under section 169.17 of this Act.
(2) The certificate deemed to be issued under subsection (1) has a term that ends on the date that is the earliest of the following:
(a) the end of the day on December 31, 2010;
(b) the date the deemed registration certificate is suspended or cancelled under this Act;
(c) the date the vendor is issued a registration certificate under section 169.17 of this Act.
(3) This section is repealed on January 1, 2011.
Section 169.65 BEFORE repealed by 1998-30-169.65(4), effective July 1, 2011.
Regulations — transitional
169.65 (1) Despite this or any other Act, the Lieutenant Governor in Council may make regulations as follows:
(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, by the amendments to this Act made by the Finance Statutes Amendment Act (No. 2), 2010;
(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing into operation the amendments to this Act made by the Finance Statutes Amendment Act (No. 2), 2010;
(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing into effect the amendments to this Act made by the Finance Statutes Amendment Act (No. 2), 2010, including, without limitation, provisions making an exception to or a modification of a provision in an enactment or providing for the application or continued application of a previous enactment;
(d) resolving any errors, inconsistencies or ambiguities arising from the amendments to this Act made by the Finance Statutes Amendment Act (No. 2), 2010.
(2) A regulation under subsection (1) may be made retroactive to July 1, 2010 or a later date, and if made retroactive is deemed to have come into force on the specified date.
(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.
(4) This section is repealed on July 1, 2011.
Section 170 definitions of "appointed director" and "statutory director" were added by 2012-33-5, effective June 25, 2012 (BC Reg 189/2012).
Section 170 definition of "appointed director" BEFORE amended by 2014-21-10(a), effective June 25, 2014 (BC Reg 131/2014).
"appointed director" means an individual who is appointed or reappointed as a director under this Part but does not include a statutory director;
Section 170 definition of "minister-appointed director" was added by 2014-21-10(b), effective June 25, 2014 (BC Reg 131/2014).
Section 171 BEFORE amended by 2012-33-6, effective June 25, 2012 (BC Reg 189/2012).
Directors of the authority
171 (1) The board is to consist of
(a) the GVTA directors, until their term of office expires under section 178 (2), and
(b) after that, 9 qualified individuals appointed as directors of the authority in accordance with this Part.
(2) A director appointed under this Part may be reappointed as a director of the authority, but must not hold office for more than 6 consecutive years.
Section 171 (1) (c) BEFORE amended by 2014-21-11(a), effective June 25, 2014 (BC Reg 131/2014).
(i) 9 qualified individuals appointed as directors of the authority in accordance with this Part, and
Section 171 (1) (c) (i) BEFORE amended by 2014-21-12, effective January 1, 2015 (BC Reg 131/2014).
(i) 9 qualified individuals appointed as directors of the authority in accordance with this Part,
Section 171 (4) BEFORE amended by 2023-10-1068, effective March 30, 2023 (Royal Assent).
(4) A statutory director is a director of the authority from the date that his or her written consent to act as a director of the authority is provided to any director or officer of the authority until the earlier of
(a) the date on which he or she resigns or is removed as a director, and
(b) the date on which he or she ceases to be a chair or vice chair of the mayors' council on regional transportation.
Section 172 (1) (c) BEFORE amended by 2015-1-101, effective June 24, 2015 (BC Reg 114/2015).
(c) the council of the Institute of Chartered Accountants of British Columbia must appoint one eligible individual,
Section 172 (2) BEFORE amended by 2023-10-1069, effective March 30, 2023 (Royal Assent).
(2) If a member of a screening panel, other than the 2007 screening panel, dies or resigns before his or her appointment is terminated under section 181 (3), the remaining members of the screening panel must, within 30 days, appoint an eligible individual as a replacement member.
Section 173 (2) BEFORE amended by 2023-10-1070, effective March 30, 2023 (Royal Assent).
(2) If a member of a screening panel has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a), he or she is not, merely because of that interest, in breach of this Act, unless those investments make up more than 30% of the total mutual fund or pension fund holdings.
Section 174 (3) BEFORE amended by 2023-10-1069, effective March 30, 2023 (Royal Assent).
(3) The following apply to each individual who is a member of a screening panel in any fiscal year:
(a) the member is entitled to be reimbursed by the authority for actual reasonable expenses necessarily incurred in performing his or her duties under section 176 or under sections 179 and 181, as the case may be, in that fiscal year;
(b) the member is entitled to remuneration from the authority in the amount of
(ii) any greater amount approved by resolution of the board,
for the performance of his or her duties under section 176 or under sections 179 and 181, as the case may be, in that fiscal year.
Section 176 (3) (part) and (4) BEFORE amended by BC Reg 55/2008 under RS1996-440-12, effective March 6, 2008 (BC Reg 55/2008).
(3) Promptly after performing its duties under subsection (1), the 2007 screening panel must,
(4) After the 2007 screening panel has performed its duties under subsections (1) and (2), the appointments of the members of the 2007 screening panel are terminated in accordance with the terms of the contracts referred to in the definition of "2007 screening panel" and, with that termination, the 2007 screening panel is disestablished.
Section 177 BEFORE amended by BC Reg 55/2008 under RS1996-440-12, effective March 6, 2008 (BC Reg 55/2008).
Mayors' council on regional transportation to appoint first 9 directors
177 (1) The mayors' council on regional transportation must, on or before December 31, 2007, appoint as directors of the authority 9 of the nominees named in the list provided to them under section 176 (1) as follows:
(a) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2008;
(b) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2009;
(c) three nominees to sit as directors of the authority for a term expiring at the end of the day on December 31, 2010.
(2) For the purpose of making appointments under this section, each member of the mayors' council on regional transportation has one vote.
(3) Subject to section 176 (1), if the mayors' council on regional transportation appoints nominees referred to in subsection (1) of this section as directors of the authority, those appointees take office as directors of the authority for the terms provided for them in those appointments.
(4) If, despite subsection (1), the mayors' council on regional transportation appoints none or fewer than 3 of the nominees as directors of the authority within the time required, the nominees named in the list referred to in section 176 (1) are appointed as directors of the authority as follows:
(a) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation appoints as directors of the authority 2 of the nominees named in the list referred to in section 176 (1), the first nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008;
(b) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation appoints as a director of the authority one of the nominees named in the list referred to in section 176 (1),
(i) the first nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2009, and
(ii) the 2nd nominee on that list who is not a nominee appointed by the mayors' council on regional transportation is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008;
(c) if, within the time required under subsection (1) of this section, the mayors' council on regional transportation does not appoint as directors of the authority any of the nominees named in the list referred to in section 176 (1),
(i) the first nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2010,
(ii) the 2nd nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2009, and
(iii) the 3rd nominee on that list is deemed to be appointed as a director of the authority for a term expiring at the end of the day on December 31, 2008.
Section 179 (4) BEFORE amended by 2012-33-7, effective June 25, 2012 (BC Reg 189/2012).
(4) If the mayors' council on regional transportation appoints any of the nominees referred to in subsection (1) as directors of the authority, those appointees hold office as directors of the authority in accordance with subsection (5), but if, despite subsection (2), the number of directors of the authority in the following year will, without this subsection, be less than 3, the following appointments are made:
(a) if the number of directors of the authority in the following year will be zero, the first 3 nominees named on the list referred to in subsection (1) are appointed as directors of the authority;
(b) if the number of directors of the authority in the following year will be one, the first 2 nominees named on the list referred to in subsection (1) who are not nominees appointed by the mayors' council on regional transportation are appointed as directors of the authority;
(c) if the number of directors of the authority in the following year will be 2, the first nominee named on the list referred to in subsection (1) who is not a nominee appointed by the mayors' council on regional transportation is appointed as a director of the authority.
Section 179 (2) BEFORE amended by 2014-21-13, effective June 25, 2014 (BC Reg 131/2014).
(2) The mayors' council on regional transportation must, within 45 days after receiving the list referred to in subsection (1), appoint 3 of those nominees as directors of the authority.
Section 180 (2) BEFORE amended by BC Reg 55/2008 under RS1996-440-12, effective March 6, 2008 (BC Reg 55/2008).
(2) When making a recommendation under section 176 (2) (a) or an order under section 181 (1) (a), a screening panel must take into consideration the remuneration that is appropriate given the services provided by the directors to the authority and the time and attention the directors are required to devote for that purpose.
Section 180 (2) BEFORE amended by 2014-21-14, effective June 25, 2014 (BC Reg 131/2014).
(2) When making a recommendation under section 176 (3) (a) or an order under section 181 (1) (a), a screening panel must take into consideration the remuneration that is appropriate given the services provided by the directors to the authority and the time and attention the directors are required to devote for that purpose.
Section 181 (1) and (2) BEFORE amended by 2014-21-15, effective June 25, 2014 (BC Reg 131/2014).
(1) Promptly after performing its duties under section 179 (1), and, in any event, on or before September 15 of the year in which it is established, a screening panel appointed after 2007
(a) may, by order, vary a recommendation or order made by a previous screening panel respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid, and
(b) must provide to the authority all of the screening panel's records.
(2) The minister may extend the date referred to in subsection (1) if requested to do so by the screening panel.
Section 182 BEFORE amended by BC Reg 55/2008 under RS1996-440-12, effective March 6, 2008 (BC Reg 55/2008).
Recommendations and orders for remuneration
182 In making recommendations under section 176 (2) or orders under section 181 (1) (a) respecting the remuneration to which a director of the authority is entitled and the terms on which the remuneration is to be paid, the screening panel may make recommendations or orders, as the case may be, providing for different remuneration for persons participating in different capacities within the board, including, without limitation, as chair of the board, as chair of a committee of directors of the authority and as chair of any meeting of the board or a committee of directors of the authority, and in different situations relating to the board or the authority, including, without limitation, for participation on committees of directors of the authority or advisory committees.
Section 182 BEFORE amended by 2014-21-16, effective June 25, 2014 (BC Reg 131/2014).
Recommendations and orders for remuneration
182 In making recommendations under section 176 (3) or orders under section 181 (1) (a) respecting the remuneration to which a director of the authority is entitled and the terms on which the remuneration is to be paid, the screening panel may make recommendations or orders, as the case may be, providing for different remuneration for persons participating in different capacities within the board, including, without limitation, as chair of the board, as chair of a committee of directors of the authority and as chair of any meeting of the board or a committee of directors of the authority, and in different situations relating to the board or the authority, including, without limitation, for participation on committees of directors of the authority or advisory committees.
Section 183 (2) (a) BEFORE amended by 2023-10-1071(a), effective March 30, 2023 (Royal Assent).
(a) promptly after he or she becomes aware that he or she has an interest under subsection (1), and
Section 183 (3) (a) BEFORE amended by 2023-10-1071(b) to (d), effective March 30, 2023 (Royal Assent).
(a) if the director has an interest described in subsection (1) (a) or (c) (i),
(i) immediately after becoming aware of that fact, refrain, until he or she has complied with subparagraph (ii) (A) of this paragraph, from
(A) exercising any of his or her powers or duties under this Act, including, without limitation, participating in or voting at any meeting of the directors of the authority or of a committee of the directors of the authority,
(B) communicating to any of the other directors of the authority in relation to the matter in relation to which the interest exists, and
(C) influencing in any way a decision or action to be made by the authority in relation to the matter in relation to which the interest exists, and
(ii) promptly after becoming aware of that fact,
(A) eliminate the circumstances that resulted in him or her having that interest, or
Section 185 (1) (b) BEFORE amended by BC Reg 55/2008 under RS1996-440-12, effective March 6, 2008 (BC Reg 55/2008).
(b) include the details set out in the recommendations of the 2007 screening panel under section 176 (2) (a) respecting the remuneration to which a director of the authority is entitled and the terms on which it is to be paid.
Section 185 (2) BEFORE amended by 2014-21-17, effective June 25, 2014 (BC Reg 131/2014).
(2) The board must not amend the articles to revise the details included in the articles under subsection (1) (b) of this section respecting remuneration unless a screening panel makes an order under section 181 (1) (a), and, in the event of a screening panel order under section 181 (1) (a), the board must amend the articles to reflect the details set out in that order.
Section 186 (b) BEFORE amended by 2012-33-8, effective June 25, 2012 (BC Reg 189/2012).
(b) in appointing subsequent directors of the authority, endeavour to select appointees in such a manner that the directors of the authority are qualified individuals who, as a group, hold all of the skills, and all of the experience, identified in the current skills and experience profile set out in the articles of the authority.
Section 188 (1) BEFORE amended by 2012-33-9, effective June 25, 2012 (BC Reg 189/2012).
(1) If a director of the authority dies, resigns or is removed, the remaining directors of the authority must, within 90 days, appoint as a replacement director a qualified individual whose appointment accords with the requirements of section 186.
Section 190 (3) (h) BEFORE repealed by 2007-41-39, effective January 1, 2008.
(h) establish guidelines for the payment by the authority of
(i) reimbursement to its directors for expenses incurred in the discharge of their duties, and
(ii) fees to its directors and to the chair of the board for performing their respective duties.
Section 190 (2) BEFORE amended by 2014-21-18, effective June 25, 2014 (BC Reg 131/2014).
(2) The board must appoint a chief executive officer of the authority and, subject to section 11, must establish his or her terms and conditions of employment.
Section 190 (1) and (2) BEFORE amended by 2023-10-1072, effective March 30, 2023 (Royal Assent).
(1) The board must appoint, from among its directors, a chair of the board for a term expiring on the earlier of
(a) the effective date of his or her resignation, and
(b) the end of the day on the date on which the chair's term of office as a director of the authority expires.
(2) The board must appoint a chief executive officer of the authority and, subject to sections 11 and 190.1, must establish his or her terms and conditions of employment.
Section 190 (4) BEFORE amended by 2023-10-1073, effective March 30, 2023 (Royal Assent).
(4) A resolution of the directors of the authority, if approved by the required number of directors by telex, telegraph, facsimile or other electronic transmission, telephone or any other similar means of communication and confirmed in writing or other graphic communication, is as valid and effectual as if it had been passed at a meeting of the directors of the authority properly called and constituted.
Section 192 definition of "applicable year" BEFORE amended by 2010-21-230(a), effective June 25, 2010 (BC Reg 197/2010).
"applicable year", in relation to a base plan or a supplement, means one of the 10 fiscal years to which the base plan or supplement applies;
Section 192 definition of "outlook" was added by 2010-21-230(b), effective June 25, 2010 (BC Reg 197/2010).
Section 192 definitions of "applicable year", "established borrowing limits" and "established funding resources" BEFORE amended by 2014-21-21(a) to (c), effective June 25, 2014 (BC Reg 131/2014).
"applicable year", in relation to a base plan or a supplement, means one of the 3 fiscal years to which the base plan or supplement applies;
"established borrowing limits", in relation to a base plan, means, for each applicable year, the borrowing limits that are authorized for that year by
(a) the strategic plan that is in effect in the base plan preparation year, or
(b) if there is no strategic plan, or if the strategic plan does not expressly authorize borrowing limits, the borrowing limits most recently ratified by the Greater Vancouver Regional District board of directors under section 31 (1);
"established funding resources", in relation to a base plan, means, for each applicable year,
(a) the revenue from transaction taxes that may be generated by applying the tax rates set out for that year in the base plan in accordance with section 195,
(b) the revenue from property taxes that may be reflected for that year in the base plan in accordance with section 196,
(c) the revenue from short term fares that may be generated by applying the short term fares set out for that year in the base plan in accordance with section 197, and
(d) any other revenue the authority anticipates it will receive in that year;
Section 192 definition of "outlook" BEFORE repealed by 2014-21-21(d), effective June 25, 2014 (BC Reg 131/2014).
"outlook" means a report referred to in section 200.1 (2) (a) or (b);
Section 193 (2) BEFORE repealed by 2014-21-22(a), effective June 25, 2014 (BC Reg 131/2014).
(2) The authority must submit the long term strategy prepared under subsection (1) to the mayors' council on regional transportation,
(a) for the first long term strategy, on or before August 1, 2008, and
(b) after that, on or before August 1 of every 5th year after 2008.
Section 193 (3) (b) and (c) BEFORE amended and paragraph (d) was added by 2014-21-22(b), effective June 25, 2014 (BC Reg 131/2014).
(b) provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives, and
(c) anticipated population growth in, and economic development of, the transportation service region.
Section 193 (6) BEFORE amended by 2014-21-22(d), effective June 25, 2014 (BC Reg 131/2014).
(6) After completing a long term strategy under this section, the authority must
(a) deposit a copy of the long term strategy in its head office for retention in accordance with section 13.3 (1) (g), and
(b) publish the long term strategy on the authority's website in such a manner that that long term strategy can be accessed without charge by any member of the public wishing to access it.
Section 194 (1) BEFORE repealed and (1.1) was substituted by 2014-21-23(a), effective June 25, 2014 (BC Reg 131/2014).
(1) In each fiscal year after 2007, after undertaking the consultations referred to in section 15 (3.1), the authority must prepare a plan that meets the requirements of this section.
Section 194 (2), (3) and (4) BEFORE amended by 2014-21-23(b) to (h), effective June 25, 2014 (BC Reg 131/2014).
(2) Each base plan prepared by the authority must set out how the authority proposes, for each applicable year, to
(a) provide transportation services in the transportation service region,
(b) manage transportation demand in the transportation service region, and
(c) meet all the authority's financial requirements
by
(i) established funding resources, and
(ii) funding resources accumulated from previous years, and
(e) borrowing within established borrowing limits.
(3) For the purposes of subsection (2), a base plan must do the following for each applicable year:
(a) identify the transportation services the authority plans to provide in that year and the levels at which those services are planned to be provided;
(b) identify the major capital projects the authority plans to engage in for or in relation to which expenditures will be required in that year;
(c) estimate the money the authority will be required to pay in that year to fund
(i) the transportation services referred to in paragraph (a) of this subsection,
(ii) the major capital projects referred to in paragraph (b), and all other capital projects, and
(iii) all other anticipated expenditures;
(d) set out the total amount of revenue the authority anticipates it will receive in that year from each of the following:
(i) all transaction taxes referred to in section 195;
(ii) all property taxes referred to in section 196;
(iii) all short term fares referred to in section 197;
(iv) all other user fees referred to in section 198;
(v) all tolls referred to in section 199;
(vi) all contributions from the government or the government of Canada, or any agency of either of those governments;
(vii) all other revenue the authority anticipates it will receive in that year;
(e) estimate the borrowing the authority expects to undertake in that year within established borrowing limits.
(4) The base plan must, for each applicable year, reflect planned expenditures for that year under subsection (3) (c) that are not, in total, greater than the total of
(a) revenue and borrowing for that year referred to in subsection (3) (d) and (e), and
Section 195 (2) (part) BEFORE amended by 2010-21-231, effective June 25, 2010 (BC Reg 197/2010).
(2) Each base plan prepared after 2008 must,
Section 195 (2) (a) (part) BEFORE amended by 2010-21-232, effective June 25, 2010 (BC Reg 197/2010).
(a) for each of the first 9 applicable years,
Section 195 (2) (b) (part) BEFORE amended by 2010-21-233, effective June 25, 2010 (BC Reg 197/2010).
(i) set out for each transaction tax that the authority proposes to assess in that 10th applicable year, a tax rate that is not greater than the tax rate authorized for that transaction tax for the 9th applicable year by the strategic plan that is in effect in the base plan preparation year, and
(ii) reflect, as the total revenue that may be raised by the authority in that 10th applicable year from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that 10th applicable year by applying the tax rate set out for that transaction tax for that 10th applicable year under subparagraph (i).
Section 195 (2) (b) (i) BEFORE amended by 2010-21-234, effective June 25, 2010 (BC Reg 197/2010).
(i) set out for each transaction tax that the authority proposes to assess in that 10th applicable year, a tax rate that is not greater than the tax rate authorized for that transaction tax for the 9th applicable year by the strategic plan that is in effect in the base plan preparation year, and
Section 195 BEFORE re-enacted by 2014-21-24, effective June 25, 2014 (BC Reg 131/2014).
Base plan calculations of transaction taxes
195 (1) The base plan prepared in 2008 must
(a) set out for each transaction tax imposed by the authority in 2008, the tax rate that applied to that transaction tax in 2008, and
(b) for each of the applicable years,
(i) set out for each of those transaction taxes, a tax rate that is not greater than the tax rate that applied to that transaction tax in 2008, and
(ii) reflect, as the total revenue that may be raised by the authority from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that applicable year by applying the tax rate set out for that transaction tax under subparagraph (i).
(2) Each base plan prepared after 2009 must,
(a) for each of the first 2 applicable years,
(i) set out for each transaction tax that the authority proposes to assess in that applicable year, a tax rate that is not greater than the tax rate authorized for that transaction tax for that applicable year by the strategic plan that is in effect in the base plan preparation year, and
(ii) reflect, as the total revenue that may be raised by the authority in that applicable year from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that applicable year by applying the tax rate set out for that transaction tax for that applicable year under subparagraph (i), and
(b) for the 3rd applicable year,
(i) set out for each transaction tax that the authority proposes to assess in that 3rd applicable year, a tax rate that is not greater than the tax rate authorized for that transaction tax for the 2nd applicable year by the strategic plan that is in effect in the base plan preparation year, and
(ii) reflect, as the total revenue that may be raised by the authority in that 3rd applicable year from each of those transaction taxes, the total revenue that the authority anticipates it will raise in that 3rd applicable year by applying the tax rate set out for that transaction tax for that 3rd applicable year under subparagraph (i).
(3) Subject to section 16 (3), the authority must not, for any applicable year, assess a transaction tax at a tax rate greater than the tax rate set out for that transaction tax for that applicable year in the base plan unless that greater tax rate is proposed for that applicable year in a supplement under section 200 and the supplement is approved by the mayors' council on regional transportation under section 204.
Section 196 (2) (part) BEFORE amended by 2010-21-231, effective June 25, 2010 (BC Reg 197/2010).
(2) Each base plan prepared after 2008 must,
Section 196 (2) (a) BEFORE amended by 2010-21-232, effective June 25, 2010 (BC Reg 197/2010).
(a) for each of the first 9 applicable years, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, the total property tax revenue contemplated for that applicable year by the strategic plan that is in effect in the base plan preparation year, and
Section 196 (2) (b) (part) BEFORE amended by 2010-21-233, effective June 25, 2010 (BC Reg 197/2010).
(b) for the 10th applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that 10th applicable year, an amount that is not greater than the sum of
Section 196 (2) (b) (i) BEFORE amended by 2010-21-234, effective June 25, 2010 (BC Reg 197/2010).
(i) 103% of the total revenue that the strategic plan that is in effect in the base plan preparation year contemplates is to be raised from standard property taxes in the 9th applicable year, and
Section 196 BEFORE re-enacted by 2014-21-24, effective June 25, 2014 (BC Reg 131/2014).
Base plan calculations of property taxes
196 (1) The base plan prepared in 2008 must, for each applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, an amount that is not greater than the sum of
(a) 103% of the total revenue that the base plan contemplates is to be raised from standard property taxes in the year before that applicable year, and
(2) Each base plan prepared after 2009 must,
(a) for each of the first 2 applicable years, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, the total property tax revenue contemplated for that applicable year by the strategic plan that is in effect in the base plan preparation year, and
(b) for the 3rd applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that 3rd applicable year, an amount that is not greater than the sum of
(i) 103% of the total revenue that the strategic plan that is in effect in the base plan preparation year contemplates is to be raised from standard property taxes in the 2nd applicable year, and
(3) Subject to section 16 (3), the authority must not, for any applicable year, assess property taxes in such a way that the total amount of revenue raised by the authority from property taxes in that year is greater than the total revenue amount reflected for that year in the base plan unless that greater property tax revenue is proposed for that year in a supplement under section 200 and the supplement is approved by the mayors' council on regional transportation under section 204.
Section 197 BEFORE re-enacted by 2014-21-24, effective June 25, 2014 (BC Reg 131/2014).
Base plan calculations of short term fares
197 (1) The base plan prepared in 2008 must
(a) set out for each revenue transit service provided by the authority in 2008, the short term fare assessed for that revenue transit service in 2008, and
(b) for each of the applicable years,
(i) set out for each of those revenue transit services, a short term fare that is not greater than the targeted fare applicable to that revenue transit service in that applicable year, and
(ii) reflect, as the total revenue that may be raised by the authority in that applicable year from each revenue transit service, the total revenue that the authority anticipates it will raise in that applicable year by applying the short term fare set out for that revenue transit service under subparagraph (i).
(2) Each base plan prepared after 2008 must, for each applicable year,
(a) set out, as the short term fare to be assessed for each revenue transit service in that applicable year, a short term fare that is not greater than
(i) the targeted fare applicable to that revenue transit service in that applicable year, or
(ii) any greater short term fare authorized under section 29.01 or approved under section 223 for that revenue transit service, and
(b) reflect, as the total revenue that may be raised by the authority in that applicable year from each revenue transit service, the total revenue that the authority anticipates it will raise in that applicable year by applying the short term fare set out for that revenue transit service for that applicable year under paragraph (a) of this subsection.
(3) Subject to section 223 (11), the authority must not, for any applicable year, assess a short term fare for a revenue transit service in an amount that is greater than the short term fare set out for that revenue transit service for that year in the base plan, or assess a first-time short term fare for a revenue transit service, unless that short term fare is approved by the commissioner under section 223.
Section 198 (b) BEFORE amended by 2010-21-235, effective June 25, 2010 (BC Reg 197/2010).
(b) the amount that the authority proposes to assess for that user fee in the applicable year.
Section 198 BEFORE amended by 2014-21-25, effective June 25, 2014 (BC Reg 131/2014).
Base plan references to other user fees
198 The base plan must, for each of the authority's user fees referred to in section 29 (2) that is not a short term fare, set out
(a) the amount assessed for that user fee in the base plan preparation year, and
(b) the amount that the authority proposes to assess for that user fee in each applicable year.
Section 199 BEFORE amended by 2014-21-26, effective June 25, 2014 (BC Reg 131/2014).
Base plan references to tolls
199 The base plan must
(i) the project toll charges that the authority is authorized, by a bylaw that is in force under section 29 (5) or (6), to assess in the base plan preparation year, and
(ii) the designated tolls that the authority is authorized, by a bylaw that is in force under section 29.1 (5) or (6), to assess in the base plan preparation year,
(b) for each of the applicable years, set out
(i) the project toll charges that the authority is authorized, by a bylaw that is in force under section 29 (5) or (6) in the base plan preparation year, to assess in that applicable year, and
(ii) the designated tolls that the authority is authorized, by a bylaw that is in force under section 29.1 (5) or (6) in the base plan preparation year, to assess in that applicable year, and
(c) for each of the applicable years, reflect the total revenue that may be raised by the authority from those tolls in that applicable year.
Section 200 BEFORE repealed by 2014-21-27, effective June 25, 2014 (BC Reg 131/2014).
Supplements
200 (1) In addition to preparing a base plan, the authority may, after undertaking the consultations referred to in section 15 (3.1), prepare one or more supplemental plans.
(2) A supplemental plan prepared in relation to a base plan
(a) may contemplate, for each applicable year,
(i) the additions, enhancements or other changes, if any, that the authority proposes be made to the services contemplated for that year by the base plan,
(ii) the additions, enhancements or other changes, if any, that the authority proposes be made to the capital projects contemplated for that year by the base plan, and
(iii) the additional initiatives, if any, that the authority proposes to undertake in addition to those contemplated by the base plan, and
(b) must indicate, for each applicable year,
(i) the increased expenditures, if any, that the authority anticipates will be required in that year
(A) to allow the authority to comply with the requirements set out in the base plan under section 194 (2) (a) to (c) for that year, and
(B) if the supplemental plan proposes any additions, enhancements, changes or additional initiatives under paragraph (a) of this subsection, to allow the authority to provide, perform or undertake those additions, enhancements, changes or additional initiatives,
(ii) how the authority proposes to obtain the funds needed to meet those increased expenditures in that year and,
(A) if it is proposed to increase, in any year, a rate of a transaction tax referred to in section 195 to an amount that is greater than that set out in the base plan for that year under that section, set out the proposed new tax rate,
(B) if it is proposed to increase the amount of standard property tax revenue that the authority may realize in any year to an amount that is greater than that set out in the base plan for that year under section 196, set out the total amount of standard property tax revenue that is proposed for that year, and
(C) if it is proposed to increase, in any year, a short term fare referred to in section 197 to an amount that is greater than that set out in the base plan for that year under that section, or to impose a first-time short term fare in that year, set out the proposed increased or new short term fare,
(iii) the total amount of revenue that the authority anticipates it will receive in that year if the funding increases proposed under subparagraph (ii) of this paragraph take effect, and
(iv) any increase in established borrowing limits that the authority anticipates will be required for or as a result of the increased expenditures referred to in paragraph (b) (i) of this subsection.
(3) The authority must ensure that the expenditures contemplated by each supplemental plan can be fully funded by
(a) the forecast revenue referred to in subsection (2) (b) (iii),
(b) borrowing within the established borrowing limits, or, if an increase is proposed in those borrowing limits under subsection (2) (b) (iv), within those new proposed borrowing limits, and
(c) the funding resources accumulated from previous fiscal years.
Section 200.1 BEFORE repealed by 2014-21-27, effective June 25, 2014 (BC Reg 131/2014).
Outlooks
200.1 (1) In this section, "outlook period", in relation to a base plan or a supplement prepared in relation to a base plan, means the period comprising the 4th to 10th fiscal years to follow the base plan preparation year.
(2) In each fiscal year, the authority must prepare the following:
(a) in relation to the base plan prepared in that fiscal year, an outlook that meets the requirements of subsection (3);
(b) in relation to any supplement prepared in relation to that base plan, an outlook that meets the requirements of subsection (4).
(3) An outlook prepared in relation to a base plan must do the following for the applicable outlook period:
(a) identify the transportation services the authority contemplates providing in that period and the levels at which those services are contemplated to be provided;
(b) identify the major capital projects the authority contemplates engaging in for which or in relation to which expenditures will be required in that period.
(4) An outlook prepared in relation to a supplement must identify for the outlook period how, if at all, the information contained in the outlook prepared in relation to the base plan will change if the supplement is approved.
Section 201 BEFORE amended by 2014-21-28, effective June 25, 2014 (BC Reg 131/2014).
Considerations in preparing plans
201 (1) The authority must prepare its base plan and any supplement in such a manner that any resulting strategic plan will
(a) identify the major actions that the authority plans to undertake during the period to which the strategic plan applies, and
(b) set out the relationship between the major actions planned by the authority and
(i) the regional growth strategy,
(ii) provincial and regional environmental objectives, including air quality and greenhouse gas emission reduction objectives,
(iii) anticipated population growth in, and economic development of, the transportation service region, and
(iv) the authority's current long term strategy.
(2) In preparing its base plan and any supplements, the authority must be guided by the authority's current long term strategy.
Section 202 BEFORE re-enacted by 2010-21-237, effective June 25, 2010 (BC Reg 197/2010).
Distribution of plans
202 On or before August 1 of each year after 2007, the authority must provide the following to the commissioner and the mayors' council on regional transportation:
(a) the authority's base plan for the following 10 fiscal years;
(b) any supplements to the base plan;
(c) all bylaws and resolutions proposed or passed by the directors of the authority in relation to revenue measures and borrowing limits as they relate to the base plan and any supplement.
Section 202 (1) (part) BEFORE amended by 2012-33-11, effective June 25, 2012 (BC Reg 189/2012).
(1) On or before August 1 of each year after 2007, the authority must provide the following to the commissioner and the mayors' council on regional transportation:
Section 202 BEFORE repealed by 2014-21-29, effective June 25, 2014 (BC Reg 131/2014).
Distribution of plans
202 (1) On or before November 1 of each year after 2007, the authority must provide the following to the commissioner and the mayors' council on regional transportation:
(a) the authority's base plan prepared in that fiscal year under section 194;
(b) all bylaws and resolutions proposed or passed by the directors of the authority in relation to revenue measures and borrowing limits as they relate to the base plan.
(2) The authority must provide the following to the commissioner and the mayors' council on regional transportation:
(a) any supplements prepared in relation to a base plan referred to in subsection (1);
(b) all bylaws and resolutions proposed or passed by the directors of the authority in relation to revenue measures and borrowing limits as they relate to the supplement.
(3) The authority must provide to the commissioner and the mayors' council on regional transportation, with each base plan or supplement provided to the commissioner and the mayors' council on regional transportation, the outlook applicable to that base plan or supplement.
Section 203 BEFORE repealed by 2014-21-30, effective June 25, 2014 (BC Reg 131/2014).
Commissioner review
203 Within 30 days after receiving the material referred to in section 202, the commissioner must review the material and provide to the authority and to the mayors' council on regional transportation,
(i) whether, in his or her opinion, the parameters and assumptions, including, without limitation, the expenditure and revenue estimates, set out in the base plan and all supplements proposed in relation to it are reasonable, and
(ii) if a supplement proposes a supplementary fare increase or the assessment of a first-time short term fare for a revenue transit service, a preliminary indication as to whether the commissioner considers the supplementary fare increase or first-time short term fare, as the case may be, to be appropriate and reasonable, and
(b) if a supplement proposes a fuel tax rate increase under section 27.1 and the commissioner makes the determination referred to in section 27.1 (3) (b) (iii), the notice referred to in section 27.1 (3) (b) (iii).
Section 204 (c) BEFORE amended by 2010-21-238, effective June 25, 2010 (BC Reg 197/2010).
(c) on or before October 31 of the year in which that material is provided to it, must provide to the authority a copy of any resolution passed under paragraph (b) of this section.
Section 204 BEFORE repealed by 2014-21-30, effective June 25, 2014 (BC Reg 131/2014).
Mayors' council on regional transportation review
204 The mayors' council on regional transportation
(a) must review and consider the material provided to it under sections 202 and 203,
(b) may, by resolution, approve or reject any supplement, and
(c) within 90 days after the date on which that material is received by it, must provide to the authority a copy of any resolution passed under paragraph (b) of this section.
Section 205 BEFORE repealed by 2014-21-30, effective June 25, 2014 (BC Reg 131/2014).
New or increased short term fares
205 (1) The fact that the mayors' council on regional transportation approves a supplement referred to in section 203 (a) (ii) does not remove from the authority the obligation to obtain from the commissioner, under section 223, approval of the supplementary fare increase or first-time short term fare contemplated by the supplement before implementing that increase or assessing that first-time short term fare.
(2) The preliminary indication expressed by the commissioner under section 203 (a) (ii) is not binding on the commissioner in any application under section 223, and, without limiting this, the commissioner need not, in considering an application under section 223, refer to or accord with the preliminary indication expressed under section 203 (a) (ii) in relation to the subject matter of the application.
Section 206 (1) BEFORE amended by 2010-21-239(a), effective June 25, 2010 (BC Reg 197/2010).
(1) The strategic plan of the authority in a fiscal year is the base plan prepared in the previous fiscal year if
(a) no supplements were provided to the mayors' council on regional transportation with that base plan under section 202 (b),
(b) the mayors' council on regional transportation rejected, under section 204, all supplements provided with that base plan, or
(c) the mayors' council on regional transportation failed to provide to the authority under section 204 (c) on or before October 31 of the base plan preparation year any resolution approving a supplement provided with that base plan.
Section 206 (2) (part) BEFORE amended by 2010-21-239(b), effective June 25, 2010 (BC Reg 197/2010).
(2) If one or more supplements were provided to the mayors' council on regional transportation with a base plan under section 202 (b) and the mayors' council on regional transportation provided to the authority, on or before October 31 of the base plan preparation year, a copy of a resolution under section 204 (c) approving one or more of those supplements,
Section 206 (2) (a) BEFORE amended by 2010-21-239(c), effective June 25, 2010 (BC Reg 197/2010).
(a) the strategic plan of the authority in the fiscal year following the base plan preparation year is, subject to paragraph (b) of this subsection, the base plan as amended by the approved supplements, or
Section 206 BEFORE repealed by 2014-21-30, effective June 25, 2014 (BC Reg 131/2014).
Strategic plans
206 (1) The strategic plan of the authority in a fiscal year is the base plan prepared in the previous fiscal year if
(a) no supplements were provided to the mayors' council on regional transportation under section 202 in relation to that base plan,
(b) the mayors' council on regional transportation rejected, under section 204, all supplements provided to it under section 202 in relation to that base plan, or
(c) the mayors' council on regional transportation did not, for any supplement provided to it under section 202 in relation to that base plan, provide to the authority, within 90 days after the mayors' council on regional transportation received the supplement, a resolution referred to in section 204 (c) approving the supplement.
(2) If a supplement prepared in relation to a base plan is provided to the mayors' council on regional transportation under section 202 and the mayors' council on regional transportation provides to the authority, within 90 days after receiving the supplement, a copy of a resolution under section 204 (c) approving that supplement,
(a) the strategic plan of the authority in the fiscal year following the base plan preparation year is, subject to paragraph (b) of this subsection, the base plan as amended by each such approved supplement, or
(b) if an approved supplement reflects a proposal for a supplementary fare increase or for the assessment of a first-time short term fare, the strategic plan of the authority in the fiscal year following the base plan preparation year is,
(i) until the commissioner approves an application under section 223 for the supplementary fare increase or the assessment of the first-time short term fare, the base plan as amended by the provisions of all approved supplements other than those provisions that propose, or any portion of those provisions that proposes, the supplementary fare increase or first-time short term fare, and
(ii) if the commissioner approves, in whole or in part, an application under section 223 for the supplementary fare increase or the assessment of the first-time short term fare, the strategic plan referred to in subparagraph (i) of this paragraph as amended under subsection (3).
(3) If an application is made to the commissioner under section 223 for a supplementary fare increase or for the assessment of a first-time short term fare, the strategic plan of the authority under subsection (1) or (2) (b) (i) of this section is amended to reflect the commissioner's decision, effective on the latest of
(a) the date that the report of the commissioner setting out the commissioner's decision on the application is provided to the authority under section 223 (10),
(b) the beginning of the fiscal year in relation to which the supplementary fare increase or the assessment of a first-time short term fare is to apply, and
(c) the date specified by the commissioner under section 223 (9) as the date on which the supplementary fare increase or the assessment of a first-time short term fare is to take effect.
Section 206.1 (2) (a) BEFORE amended by 2015-41-4, effective November 17, 2015 (Royal Assent).
(a) the strategic plan in effect immediately before the repeal of section 206, and,
Section 208 BEFORE amended by 2007-36-164.1, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2008-42-17, effective May 29, 2008 (Royal Assent)].
Section 208 BEFORE re-enacted by 2012-33-12, effective June 25, 2012 (BC Reg 189/2012).
Mayors' council on regional transportation established
208 There is established a mayors' council on regional transportation consisting of each individual who is a mayor of a municipality in the transportation service region or the head of a treaty first nation whose treaty lands are in the transportation service region.
Section 209 (1) (a) BEFORE amended by 2023-10-1074, effective March 30, 2023 (Royal Assent).
(a) when exercising his or her powers and duties under this Act, consider the interests of the transportation service region as a whole, and
Section 210 (3) BEFORE amended by 2007-36-164.2, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2008-42-17, effective May 29, 2008 (Royal Assent)].
(3) If a mayor is unable to attend a meeting of the mayors' council on regional transportation, the mayor may appoint, as a delegate, a member of his or her municipal council to attend and act on that mayor's behalf at that meeting, but nothing in this subsection allows the chair of the mayors' council on regional transportation to appoint a delegate to act as chair of the mayors' council on regional transportation.
Section 210 (3) BEFORE amended by 2012-33-13, effective June 25, 2012 (BC Reg 189/2012).
(3) If a member is unable to attend a meeting of the mayors' council on regional transportation, the member may appoint, as a delegate, a member of his or her municipal council or, in the case of a treaty first nation, a member of the governing body of the treaty first nation, to attend and act on his or her behalf at that meeting, but nothing in this subsection allows the chair of the mayors' council on regional transportation to appoint a delegate to act as chair of the mayors' council on regional transportation.
Section 210 (3) (c) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(c) in the case of the Electoral Area A Director, an alternate appointed in accordance with section 787 of the Local Government Act,
Section 210 (3) and (4) BEFORE amended by 2023-10-1075, effective March 30, 2023 (Royal Assent).
(3) If a member is unable to attend a meeting of the mayors' council on regional transportation, the member may appoint, as a delegate,
(a) in the case of a mayor, a member of his or her municipal council,
(b) in the case of the head of a treaty first nation, a member of the governing body of the treaty first nation, or
(c) in the case of the Electoral Area A Director, an alternate appointed in accordance with section 201 of the Local Government Act,
to attend and act on his or her behalf at that meeting, but nothing in this subsection allows the chair or vice chair of the mayors' council on regional transportation to appoint a delegate to act as the chair or vice chair respectively of the mayors' council on regional transportation.
(4) A delegate appointed under subsection (3) must, when exercising his or her powers and duties under that subsection, consider the interests of the transportation service region as a whole.
Section 211 (2) BEFORE amended by 2007-36-164.3, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2008-42-17, effective May 29, 2008 (Royal Assent)].
(2) Subject to section 177 (2), 179 (3) or 217 (2), each member of the mayors' council on regional transportation has, in relation to any issue that is voted on by the mayors' council on regional transportation, the right to cast one vote for every 20 000, or portion of that number, of the population of the municipality of which the member is the mayor, as that population is determined in the most recently available Census of Canada.
Section 211 BEFORE amended by 2012-33-14, effective June 25, 2012 (BC Reg 189/2012).
Proceedings of mayors' council on regional transportation
211 (1) The members of the mayors' council on regional transportation
(a) must appoint one of their number as chair, and
(b) may, subject to this Part, otherwise establish their own procedures.
(2) Subject to section 177 (2), 179 (3) or 217 (2), each member of the mayors' council on regional transportation has, in relation to any issue that is voted on by the mayors' council on regional transportation, the right to cast one vote for every 20 000, or portion of that number, of the population, as applicable, of
(a) the municipality of which the member is the mayor, or
(b) the treaty lands of the treaty first nation of which the member is the head,
as that population is determined in the most recently available Census of Canada.
Section 211 (2) (part) BEFORE amended by 2014-21-31, effective June 25, 2014 (BC Reg 131/2014).
(2) Subject to section 177 (2), 179 (3), 217 (2) or 246 (4), each member of the mayors' council on regional transportation has, in relation to any issue that is voted on by the mayors' council on regional transportation, the right to cast one vote for every 20 000, or portion of that number, of the population, as applicable, of
Section 211 (2) (c) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(c) in the case of the Electoral Area A Director, Electoral Area A of the Greater Vancouver Regional District,
Section 212 (1) BEFORE amended by 2007-36-164.4, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2008-42-17, effective May 29, 2008 (Royal Assent)].
(1) A record is provided to the mayors' council on regional transportation when it is addressed to the mayors' council on regional transportation and provided to any mayor who is a member of the mayors' council on regional transportation.
Section 212 (2) BEFORE amended by 2007-36-164.5, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2008-42-17, effective May 29, 2008 (Royal Assent)].
(2) A mayor who receives a record under subsection (1) must promptly provide a copy of it to every other mayor who is a member of the mayors' council on regional transportation.
Section 213 (1) to (4) BEFORE amended and (6) was added by 2014-21-32, effective June 25, 2014 (BC Reg 131/2014).
Support for mayors' council on regional transportation
213 (1) Subject to this Part, the authority is responsible for paying to the mayors' council on regional transportation the money necessary to satisfy all of the reasonable expenses associated with the operation of the mayors' council on regional transportation.
(2) Without limiting subsection (1), the authority must
(a) provide the support services required by the mayors' council on regional transportation for its meetings, including, without limitation,
(i) reasonably furnished facilities of a reasonable size at which meetings of the mayors' council on regional transportation may be held,
(ii) staff for recording the proceedings and providing such assistance to the members of the mayors' council on regional transportation as may be necessary,
(iii) materials necessary for the conduct of the meetings, and
(iv) services required for filing, keeping, maintaining and making available the records of the mayors' council on regional transportation,
(b) subject to subsection (3), reimburse members of the mayors' council on regional transportation for any payments made by them that the mayors' council on regional transportation has, by resolution, determined were necessary for
(i) the mayors' council on regional transportation to perform its duties under this Act, or
(ii) one or more of the members of the mayors' council on regional transportation to perform their duties under this Act, and
(c) provide reimbursement and remuneration to the members of the mayors' council on regional transportation in accordance with subsections (4) and (5).
(3) The maximum amount of money that may be paid by the authority for reimbursements under subsection (2) (b) in any fiscal year of the authority is 0.02% of the authority's gross revenue in the previous fiscal year.
(4) The following apply to each member of the mayors' council on regional transportation:
(a) the member, or, if a delegate is appointed under section 210 (3), the delegate, is entitled to be reimbursed by the authority for his or her actual reasonable expenses necessarily incurred in attending any meeting of
(i) the mayors' council on regional transportation, or
(ii) any committee of the mayors' council on regional transportation;
(b) for each day, to a maximum of 10 days in each fiscal year, on which the member or a delegate appointed for that member under section 210 (3) attends a meeting referred to in paragraph (a) of this subsection, the member or delegate is entitled to remuneration from the authority for that day equal to,
(ii) after 2007, the daily amount payable under this paragraph for the previous fiscal year increased by a rate equal to the increase in the British Columbia consumer price index over that previous fiscal year.
Section 213 (4) (a) BEFORE amended by 2023-10-1076, effective March 30, 2023 (Royal Assent).
(a) the member, or, if a delegate is appointed under section 210 (3), the delegate, is entitled to be reimbursed by the authority for his or her actual reasonable expenses necessarily incurred in attending any meeting of
(i) the mayors' council on regional transportation, or
(ii) any committee of the mayors' council on regional transportation;
Part 11, division 1, sections 215 to 221, BEFORE repealed by 2014-21-33(b), effective June 25, 2014 (BC Reg 131/2014).
Division 1 — Appointment of Regional Transportation Commissioner and Deputies
Commissioner and deputy commissioners
215 (1) The mayors' council on regional transportation must appoint a qualified individual who is not a director of the authority as the Regional Transportation Commissioner and may appoint not more than 2 qualified individuals as deputy commissioners.
(2) Deputy commissioners must, on the request of the commissioner, provide to the commissioner such assistance in the exercise of the commissioner's powers or duties as may be requested by the commissioner, including, without limitation, exercising any of the decision making powers of the commissioner, and a reference in this Act to the commissioner includes a reference to a deputy commissioner if and to the extent that he or she has been requested to assist the commissioner.
(3) The mayors' council on regional transportation may, subject to this Division, determine the remuneration and terms and conditions of appointment of the individuals appointed under subsection (1).
(4) The commissioner and the deputy commissioners must be reimbursed for actual reasonable expenses necessarily incurred in the performance of their duties under this Act.
(5) After making an appointment under subsection (1), the mayors' council on regional transportation must not change the remuneration and terms and conditions of appointment of an appointed individual without the consent of that individual.
(6) The fiscal year of the commissioner is the calendar year.
Term of appointments
216 (1) Subject to subsections (2), (3) and (4), the following apply to an appointment under section 215 (1):
(i) in the case of the first commissioner, for a term beginning at the beginning of the day on January 1, 2008 and ending at the end of the day on April 30, 2013,
(ii) for all other commissioners, for a term of 6 years beginning at the beginning of the day on May 1 following the end of the previous commissioner's term of appointment, and
(iii) in the case of a deputy commissioner, for a term of 6 years beginning no earlier than the beginning of the day on January 1, 2008;
(b) an appointment of a commissioner or a deputy commissioner must not be terminated by the mayors' council on regional transportation;
(c) an individual may be appointed as a commissioner or a deputy commissioner, but not both, and must not serve in an appointed capacity for more than one term.
(2) Without limiting subsection (3), an appointment of an individual as a commissioner or deputy commissioner under this Division is terminated if the individual resigns or is
(a) found to be incapable of managing the individual's own affairs by reason of mental infirmity,
(b) removed from office by the Supreme Court on an application under section 220 (4), or
(c) found by the Supreme Court to be in material breach of the individual's duties or obligations under any provision of this Act.
(3) Subject to section 220 (4), the mayors' council on regional transportation may, if authorized to do so by a resolution passed by not fewer than 3/4 of the members of the mayors' council on regional transportation, terminate the appointment of a commissioner or deputy commissioner for cause.
(4) If an appointment of the commissioner is terminated under subsection (2) or (3), the mayors' council on regional transportation must promptly appoint a qualified individual who is not a director of the authority as a replacement commissioner, and the individual appointed as a replacement holds office until the end of the term of office of the individual he or she replaces.
(5) At least 3 months before the expiry of the term of office of an individual appointed as the commissioner under this Division, the mayors' council on regional transportation must appoint a qualified individual who is not a director of the authority to replace the individual whose term is expiring, and the individual appointed as a replacement assumes office immediately after the term of the individual being replaced expires.
Appointment processes
217 (1) When appointing the commissioner and deputy commissioners under this Division, the mayors' council on regional transportation must consider the nature of the duties to be performed by the commissioner and endeavour to select appointees who hold the skills, knowledge and experience needed for that position.
(2) For the purpose of making or terminating appointments under this Division, each member of the mayors' council on regional transportation has one vote.
Employees and consultants
218 (1) The commissioner may retain staff, consultants and other persons necessary for the commissioner to perform the duties of the commissioner's office, and may establish their remuneration and other terms and conditions of their retainers.
(2) The Public Service Act does not apply in respect of a person retained by the commissioner under subsection (1) of this section.
Commissioner's website
219 (1) The commissioner must establish and maintain a website that is accessible without charge to the public.
(2) Unless this Act provides otherwise, if, under this Act, the commissioner is required to publish a record on the commissioner's website, the record must remain on that website for a period that is not shorter than the remainder of the fiscal year in which that record was published and the following fiscal year.
(3) Without limiting any other obligation the commissioner may have to publish a record or information on the commissioner's website, the commissioner must publish and maintain on that website a current description of the role and function of the commissioner.
Conflicts of interest for commissioner and deputy commissioners
220 (1) Subject to subsection (6), the commissioner and each deputy commissioner who, in any way, directly or indirectly, has
(a) a significant beneficial interest in an operation, whether that operation is for profit or not, or in a person, or in a share, stock, bond, debenture or other security of a person, that
(i) owns or manages the operation of one or more commercial passenger vehicles or directly or indirectly has a significant beneficial interest in a person who owns or manages the operation of one or more commercial passenger vehicles,
(ii) provides, or directly or indirectly has a significant beneficial interest in a person who provides, independent transit services, or
(iii) provides parking services in the transportation service region or directly or indirectly has a significant beneficial interest in a person who provides parking services in the transportation service region, or
(b) a significant beneficial interest in
(i) a contract for the provision of transportation services, including, without limitation, independent transit services, in the transportation service region, or
(ii) any contract to which the authority or a subsidiary is a party
must disclose the nature and extent of the interest.
(2) The disclosure required of a commissioner or deputy commissioner under subsection (1) must be made
(a) promptly after he or she becomes aware that he or she has an interest under subsection (1), and
(b) by a record provided to the mayors' council on regional transportation.
(3) A commissioner or deputy commissioner who has an interest described in subsection (1) must,
(a) immediately after becoming aware of that fact, refrain from exercising any of his or her powers or duties under this Act until he or she has complied with paragraph (b) (i) of this subsection, and
(b) promptly after becoming aware of that fact,
(i) eliminate the circumstances that resulted in him or her having that interest, or
(ii) resign as commissioner or deputy commissioner.
(4) If a commissioner or deputy commissioner has an interest described in subsection (1) and does not comply with subsection (3) (b) within 3 months after becoming aware of having that interest, the mayors' council on regional transportation must apply to the Supreme Court to remove that commissioner or deputy commissioner from office.
(5) The use or purchase in the transportation service region by a commissioner or deputy commissioner, for personal or domestic purposes, of parking services or a means of conveyance is not a contravention of this section and does not disqualify the commissioner or deputy commissioner from acting under this Act.
(6) A commissioner or deputy commissioner who has a beneficial interest in a publicly held mutual fund or pension fund that contains any of the investments referred to in subsection (1) (a) is not, merely because of that interest,
(a) required to disclose that interest under subsection (1), and
(b) subject to subsection (3) or (4),
unless those investments make up more than 30% of the total mutual fund or pension fund holdings.
Indemnification
221 (1) The authority may indemnify each person appointed as a commissioner or deputy commissioner, and the person's heirs and personal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, actually and reasonably incurred by the person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of being or having been a commissioner or deputy commissioner, including an action brought by the authority, if
(a) the person acted honestly and in good faith, and
(b) in the case of a criminal or administrative action or proceeding, the person had reasonable grounds for believing that the person's conduct was lawful.
(2) The authority may purchase and maintain insurance for the benefit of a person appointed as a commissioner or deputy commissioner against any liability incurred by the person as a commissioner or deputy commissioner.
Part 11, division 2, heading BEFORE repealed by 2014-21-33(c), effective June 25, 2014 (BC Reg 131/2014).
Section 222 definition of "current strategic plan" BEFORE amended by 2010-21-222(a), effective June 25, 2010 (BC Reg 197/2010).
"current strategic plan", in any fiscal year, means the strategic plan applicable to that fiscal year and the ensuing 9 fiscal years;
Section 222 definition of "pending strategic plan", paragraph (a) BEFORE amended by 2010-21-222(b), effective June 25, 2010 (BC Reg 197/2010).
(a) the base plan created in that year to apply to the ensuing 10 fiscal years, and
Section 222 BEFORE repealed by 2014-21-34, effective June 25, 2014 (BC Reg 131/2014).
Definitions
222 In this Division:
"current strategic plan", in any fiscal year, means the most current strategic plan that applies to that fiscal year;
"pending strategic plan", in any fiscal year, means
(a) the base plan created in that year to apply to ensuing fiscal years, and
(b) all supplements approved in relation to that base plan under section 204.
Section 223 BEFORE amended by 2014-21-35, effective June 25, 2014 (BC Reg 131/2014).
Approval for new fares or fare increases
223 (1) The authority may apply to the commissioner for one or both of the following:
(a) a supplementary fare increase in one or more fiscal years in relation to a revenue transit service;
(b) the assessment of a first-time short term fare for a revenue transit service.
(2) An application must not be made under subsection (1) unless the supplementary fare increase or the assessment of a first-time short term fare, as the case may be, is set out in a supplement that has been approved by the mayors' council on regional transportation under section 204.
(3) The authority must submit the following records with an application under subsection (1):
(a) the current strategic plan and pending strategic plan, and the current service, capital and operational plans;
(b) a record setting out the parameters and assumptions used in the financial projections of the authority;
(c) a record setting out the authority's expenditures and revenue in the previous fiscal year;
(d) a record setting out an estimate, for the current fiscal year, of the authority's expenditures and revenue;
(e) any other record the authority considers relevant to its application;
(f) any other record the commissioner considers relevant to the application.
(4) If the authority submits an application under subsection (1), the commissioner must
(a) promptly publish the application and any other records that the commissioner considers appropriate for publication in relation to the application
(i) on the commissioner's website, and
(ii) in a manner that the commissioner is satisfied will bring the application and other records to the attention of the public in the transportation service region, and
(b) defer deciding on the application for a period of at least 30 days after the application is published under paragraph (a) in order to allow persons who wish to comment on the application an opportunity to do so.
(5) Before reaching a decision under this section, the commissioner may but need not, in his or her sole discretion, hold a public hearing on the application, in the manner, at the date, time and location and for the period the commissioner, in his or her sole discretion, may decide.
(6) If a public hearing is held under subsection (5), the commissioner must
(a) give notice of the public hearing in a manner that the commissioner is satisfied will bring the notice to the attention of the public in the transportation service region, or
(b) order the authority to provide notice of the hearing in the manner, with the information and for the period required by the commissioner.
(7) On an application under subsection (1), the commissioner must endeavour to decide the application in such a manner as to
(a) maintain the financial sustainability of the authority,
(b) enable the authority to provide the transportation services, pursue the capital projects and meet the other requirements set out in
(i) its current strategic plan, and
(ii) its pending strategic plan,
(c) encourage the authority to minimize expenses without adversely affecting safety or reducing the authority's ability to provide the transportation services, pursue the capital projects and meet the other requirements referred to in paragraph (b) of this subsection, and
(d) keep short term fares as low as is reasonably possible in light of the requirements of paragraphs (a), (b) and (c).
(8) Despite subsection (5), the commissioner must reach a decision on an application under subsection (1) within 90 days after its receipt.
(9) After considering an application under subsection (1), the commissioner must
(a) approve the application in relation to any one or more revenue transit services and set out the date on which the supplementary fare increase or first-time short term fare is to take effect,
(b) reject the application in relation to any one or more revenue transit services, or
(c) approve a supplementary fare increase, or a first-time short term fare, in relation to any one or more revenue transit services in an amount less than that sought in the application and set out the date on which the supplementary fare increase or first-time short term fare is to take effect.
(10) Within 15 days after making a decision under subsection (9), the commissioner must
(a) prepare a report setting out the commissioner's decision and the reason for it,
(b) provide a copy of the report to the authority and the mayors' council on regional transportation, and
(c) publish a copy of the report on the commissioner's website.
(11) A bylaw increasing or assessing a short term fare does not require approval of the commissioner before coming into force, and may be made even though the increased or assessed fare is not contemplated by the strategic plan, if
(a) the board, after full examination of the capital and operating expenditures of the authority and its subsidiaries, determines at a meeting that increasing or assessing the short term fare is necessary and unavoidable in order to meet the debt obligations properly incurred by the authority under section 31, and
(b) the board has passed a resolution by a vote of at least 2/3 of its members voting at the meeting
(i) confirming that the circumstances in paragraph (a) of this subsection exist, and
(ii) declaring that, despite this section, approval of the commissioner is not required.
Section 224 (3) and (4) BEFORE amended by 2014-21-36, effective June 25, 2014 (BC Reg 131/2014).
(3) The authority may propose amendments to the process approved under this section and may amend the process in accordance with any such amendment that is approved by the commissioner.
(4) The authority must annually undertake a customer satisfaction survey in accordance with the process approved by the commissioner under this section.
Section 225 (3) and (4) BEFORE amended by 2014-21-37, effective June 25, 2014 (BC Reg 131/2014).
(3) The authority may propose amendments to the process approved under this section and may amend the process in accordance with any such amendment that is approved by the commissioner.
(4) The authority must receive and process customer complaints in accordance with the process approved by the commissioner under this section.
Section 226 (2) (c) BEFORE amended by 2007-41-51, effective January 1, 2009.
(c) the effect, if any, that the sale could have on the authority's ability to provide the transportation services, pursue the capital projects and meet the other requirements set out in its strategic transportation plan, and the means, if any, by which the authority proposes to compensate for that effect, and
Section 226 BEFORE amended by 2014-21-38, effective June 25, 2014 (BC Reg 131/2014).
Disposition of major facilities and assets
226 (1) The authority or a subsidiary must not sell a major facility or major asset unless the authority has first provided notice to the commissioner, in accordance with subsection (2), of that intended sale, and
(a) the commissioner has given notice to the authority that he or she will not be objecting to the sale, or
(b) at least 30 days have passed since the commissioner's receipt of the notice of intended sale and the commissioner has not notified the authority that the commissioner requires a review period under subsection (3).
(2) Notice under subsection (1) of an intended sale must include
(a) a description of the facility or asset to be sold,
(b) the terms of the proposed sale,
(c) the effect, if any, that the sale could have on the authority's ability to provide the transportation services, pursue the capital projects and meet the other requirements set out in
(i) its current strategic plan, and
(ii) its pending strategic plan,
and the means, if any, by which the authority proposes to compensate for that effect, and
(d) any other information requested by the commissioner.
(3) The commissioner may, within 30 days after receiving a notice of intended sale under subsection (1), advise the authority that he or she requires a review period within which to consider the proposed sale, and, in that event, the authority or the subsidiary, as the case may be, must refrain from taking any further action to complete the sale until the commissioner
(a) has given notice to the authority under subsection (4) (b) (ii) that he or she does not object to the sale, or
(b) is deemed to have no objection to the sale under subsection (5).
(4) If a review period is required under subsection (3), the commissioner must
(a) determine, in his or her sole discretion, whether the proposed sale will have a material adverse impact on the ability of the authority to provide the transportation services, pursue the capital projects and meet the other requirements referred to in subsection (2) (c), and
(b) within 90 days after the date on which the commissioner received the notice of intended sale referred to in subsection (1),
(i) if the commissioner determines, in his or her sole discretion, that the proposed sale will have the adverse impact referred to in paragraph (a) of this subsection, order the authority or the subsidiary, as the case may be, to refrain from completing the sale, or
(ii) if the commissioner determines, in his or her sole discretion, that the proposed sale will not have a material adverse impact, give notice to the authority that he or she does not object to the sale.
(5) If, despite subsection (4), the commissioner does not provide notice to the authority under subsection (4) (b) (i) or (ii) within the period referred to in subsection (4) (b), the commissioner is deemed to have no objection to the sale.
Section 227 BEFORE repealed by 2014-21-39, effective June 25, 2014 (BC Reg 131/2014).
Inspections
227 (1) The commissioner may appoint a person to conduct an inspection of the authority or any subsidiary if
(a) the authority fails to provide to the commissioner a report or other record the authority or subsidiary is required to provide under this Act, or
(b) in the commissioner's opinion, a report or other record provided by the authority to the commissioner under this Act is or may be incomplete or incorrect.
(a) may require any person who has possession or control of any of the records or things of the authority or a subsidiary to produce any of those records and things that may be relevant to the inspection,
(b) may inspect and remove any of the records and things produced under paragraph (a) that are relevant to the inspection for the purpose of making copies or extracts,
(c) may attend at the business premises of the authority or of a subsidiary during business hours for the purpose of requesting the production of, or inspecting, any records or things relevant to the inspection,
(d) must carry identification in the form approved by the commissioner, and
(e) must present the identification to the owner or occupant of the premises.
(3) On the request of an inspector, the authority or a subsidiary must make available for inspection all records, including, without limitation, all financial records, related to the provision of transportation services in the transportation service region.
(4) If an inspector removes any records or things under subsection (2) (b), the inspector must give a receipt for them to the person from whom they are taken.
(5) A person must not obstruct an inspector or withhold, destroy, conceal or refuse to produce any information, record or thing that is requested by the inspector or is otherwise relevant to any of the matters in respect of which the inspection may be conducted.
(6) An inspector who removes any records or things may make copies of, take extracts from or otherwise record them, and must return them within a reasonable time.
(7) Copies of or extracts from records or things removed under this section that are certified by the inspector as being true copies of or extracts from the originals are admissible in evidence to the same extent, and have the same evidentiary value, as the original records or things.
(8) The commissioner may establish the remuneration and other terms and conditions of appointment of any inspector appointed under this section.
Section 227.1 (3) BEFORE amended by 2014-21-40, effective June 25, 2014 (BC Reg 131/2014).
(3) The minister may, and if requested to do so under subsection (2), must, appoint a person to conduct a performance audit, and, if an appointment is made by the minister under this subsection, section 227 applies to the performance audit as if a reference in section 227 to an inspector or an inspection were a reference to the performance auditor or a performance audit respectively.
Part 11, division 3, sections 228 to 231, BEFORE repealed by 2014-21-33(b), effective June 25, 2014 (BC Reg 131/2014).
Division 3 — Orders, Decisions and Appeals of Commissioner
Orders of commissioner
228 (1) If the authority fails to comply with any decision of the commissioner, the commissioner may order the authority to comply with the decision promptly or within such period as the commissioner may specify.
(2) An order of the commissioner takes effect immediately or on any later date specified in the order, and must be promptly published by the commissioner on the commissioner's website and in another manner that the commissioner is satisfied will bring the order to the attention of the public in the transportation service region.
Jurisdiction of commissioner exclusive
229 (1) The commissioner has exclusive jurisdiction in all cases and for all matters in which jurisdiction is conferred on the commissioner by this or any other enactment.
(2) Subject to section 230, an order, decision, determination or proceeding of the commissioner must not be questioned, reviewed or restrained by any process or proceeding in any court.
Appeal to Court of Appeal
230 (1) An appeal on a question of law lies from an order, decision, determination or proceeding of the commissioner to the Court of Appeal with leave of a justice of that court.
(2) The party appealing under subsection (1) must give notice of the application for leave to appeal, stating the grounds of appeal, to the commissioner and to any party adverse in interest, at least 2 clear days before the hearing of the application.
(3) If leave is granted, the appellant must, within 15 days after the granting of leave, give notice of appeal to the commissioner and to any party adverse in interest.
No automatic stay of proceedings while matter appealed
231 (1) An appeal to the Court of Appeal does not stay or suspend the operation of the order, decision, determination or proceeding from which the appeal is taken, but the Court of Appeal may grant a suspension, in whole or in part, until the appeal is decided, on terms the court considers advisable.
(2) The commissioner may, in the commissioner's discretion, suspend the operation of the commissioner's order, decision, determination or proceeding from which an appeal is taken until the decision of the Court of Appeal is given.
Part 11, divisions 4 and 5 headings, BEFORE repealed by 2014-21-33(c), effective June 25, 2014 (BC Reg 131/2014).
Section 232 BEFORE amended by 2014-21-41, effective June 25, 2014 (BC Reg 131/2014).
Records of commissioner
232 (1) The commissioner must publish every decision, order and report of the commissioner and every application made to the commissioner
(a) on the commissioner's website, and
(b) in another manner that the commissioner is satisfied will bring the decision, order, report or application to the attention of the public in the transportation service region.
(2) The commissioner must retain, at the commissioner's office, records for the current and previous fiscal year of the commissioner that pertain to matters under his or her jurisdiction, including, without limitation, the following records:
(a) a record of every proceeding before the commissioner in the current and previous fiscal year;
(b) every decision, order and report of the commissioner in the current and previous fiscal year;
(c) every application under section 223 in the current and previous fiscal year;
(d) every record relied on by the commissioner in reaching any decision or in making any order referred to in paragraph (b) of this subsection.
(3) Any person may inspect, without charge, any of the records retained by the commissioner under subsection (2) unless and except to the extent that the commissioner believes that those records would not be disclosable in response to an access request under the Freedom of Information and Protection of Privacy Act.
Section 233 (1) (d) BEFORE amended by 2007-41-52, effective January 1, 2009.
(d) the commissioner's opinion as to whether or not the operations of the authority and its subsidiaries for that year were in accord with the authority's strategic transportation plan or strategic plan, as the case may be, and applicable service, capital and operational plans, and
Section 233 BEFORE repealed by 2014-21-42, effective June 25, 2014 (BC Reg 131/2014).
Annual reports
233 (1) Within 120 days after the end of each fiscal year of the commissioner, the commissioner must provide to the mayors' council on regional transportation a report for the previous fiscal year and must include in the report
(a) a summary of all applications and requests for decisions to the commissioner in that year,
(b) a summary of all decisions made and all orders issued by the commissioner in that year,
(c) the financial statements applicable to the office of the commissioner for that year along with full disclosure of the expenses of, and associated with, the office of the commissioner,
(d) the commissioner's opinion as to whether or not the operations of the authority and its subsidiaries for that year were in accord with the authority's strategic plan and applicable service, capital and operational plans, and
(e) other information the commissioner considers appropriate.
(2) The commissioner must publish the report referred to in subsection (1) on the commissioner's website and in another manner that the commissioner is satisfied will bring the report to the attention of the public in the transportation service region.
Section 234 BEFORE re-enacted by 2014-21-43, effective June 25, 2014 (BC Reg 131/2014).
Obligation to keep information confidential
234 Despite any obligation imposed on the commissioner under this Act to obtain, retain or make available information or records, but subject to section 232 (3), the commissioner, his or her staff, a deputy commissioner and an inspector must not disclose or be compelled to disclose any information or record that is obtained in, or that comes to the person's knowledge during, the course of the administration of this Act or the course of any inspection authorized under this Act, unless and only to the extent that such disclosure is consistent with the Freedom of Information and Protection of Privacy Act.
Sections 235 to 241 BEFORE repealed by 2014-21-44, effective June 25, 2014 (BC Reg 131/2014).
Definitions
235 In this Division:
"farebox revenue" means the gross revenue earned through user fees paid for transportation services provided in the transportation service region in the most recently completed fiscal year;
"levy request" means a request for a special levy referred to in section 240 (1).
Commissioner's expenses to be paid by authority
236 Subject to this Division, the authority is responsible for paying to the commissioner the money necessary to satisfy all of the reasonable expenses associated with the operation of the office of the commissioner, including, without limitation,
(a) the remuneration and expenses referred to in section 215 (3) and (4),
(b) any remuneration and expenses of persons retained under section 218, and
Commissioner to prepare budgets
237 (1) Within 60 days after assuming office as commissioner under Division 1 of this Part, the first commissioner must provide to the authority a budget for the last 9 months of 2008.
(2) On or before August 1 of each year, the commissioner must provide to the authority a budget for the next fiscal year of the commissioner.
(3) A budget referred to in this section must provide an estimate of the expenses referred to in section 236 that the commissioner reasonably expects to incur in the fiscal year for which the budget is prepared.
(4) If a commissioner is appointed to replace a commissioner whose term expires or is terminated, the replacement commissioner is subject to the following budgets of the previous commissioner:
(a) if the replacement commissioner assumes office before August 1 in a year, the budget for the fiscal year in which the replacement appointment takes effect;
(b) if the replacement commissioner assumes office after July 31 in a year, the budgets for the fiscal year in which the replacement appointment takes effect and for the following fiscal year.
(5) In preparing a budget for an entire fiscal year, the commissioner must ensure that the budget for that fiscal year does not exceed 1/5 of 1% of the previous year's farebox revenue.
Payments required for first year of first commissioner
238 For the purposes of providing under section 236 for the reasonable expenses associated with the operation of the office of the commissioner for 2008, the authority must provide to the commissioner the following amounts at the following times:
(a) promptly after January 1, 2008, 1/20 of 1% of the previous year's farebox revenue;
(b) at the beginning of each subsequent quarter of 2008, 1/3 of the expenses estimated for the last 9 months of 2008 in the budget prepared by the commissioner under section 237 (1).
Payments required after 2008
239 At the beginning of each quarter of a fiscal year after 2008, the authority must pay to the commissioner the greater of
(a) one-quarter of the expenses estimated in the budget applicable to the fiscal year, and
(b) the amount, if any, payable to the commissioner on that date under section 240 or 241.
Special levy
240 (1) At any time in a fiscal year, the commissioner may submit to the authority a request for a special levy to obtain money additional to that payable for that fiscal year under section 239 (a) if
(a) the money is required to satisfy expenses, and
(b) it is essential to the commissioner's ability to carry out the commissioner's duties under this Act in that fiscal year that the additional money sought by the special levy be provided to fund those expenses.
(2) The commissioner must not submit a levy request under subsection (1) more than once in any fiscal year.
(3) Subject to subsection (4) and to section 241, if a levy request is made under subsection (1) of this section in a fiscal year, the authority must, at the beginning of each quarter of that fiscal year following the request, pay to the commissioner, in addition to the amount payable under section 239 (a), that fraction of the amount requested by the commissioner in the levy request that is equal to one divided by the number of remaining whole quarters in the fiscal year.
(4) Subject to section 241, if, in a fiscal year, a levy request is made under subsection (1) of this section at a time when it is impracticable to include the amount requested in any quarterly payment to be paid in that fiscal year in accordance with subsection (3), the authority must, promptly after the levy request, pay to the commissioner the amount requested by the commissioner in the levy request.
Dispute resolution process
241 (1) If the authority considers that the expenses included by the commissioner in a budget or levy request for a fiscal year exceed the amount that is reasonably required to cover the expenses referred to in section 236 for that fiscal year, the authority may require that the matter be referred to arbitration by delivering to the commissioner, within one month after receipt of the budget or levy request, as the case may be, a notice requiring that arbitration.
(2) If the authority does not provide a notice under subsection (1) within one month after receipt of a budget or levy request, as the case may be,
(a) the budget or levy request and the estimated expenses are deemed to have been agreed on by the authority and the commissioner, and
(b) the authority must make the payments required under section 239 or 240, as the case may be, in relation to that budget or levy request.
(3) If a notice requiring arbitration is provided by the authority under subsection (1) within one month after receipt of a budget or levy request, the International Commercial Arbitration Act applies to the dispute and, for that purpose,
(a) the authority and the commissioner are deemed to have agreed to arbitrate the dispute referred to in paragraph (b) of this subsection as if the commissioner were the claimant and the authority were the respondent, and are deemed for that purpose to have entered into an arbitration agreement within the meaning of section 7 of the International Commercial Arbitration Act,
(b) the dispute that is deemed to be submitted to arbitration is whether the expenses sought by the budget or the expenses sought by the levy request, as the case may be, exceed the amount that is reasonably required to cover the expenses referred to in section 236 for that fiscal year,
(c) any fees, costs, deposits and expenses payable in relation to the arbitration are to be borne by the authority, and no costs or interest are to be awarded to either party, and
(d) the arbitration must be an arbitration with a sole arbitrator, and if the parties fail to agree on the arbitrator within 15 days after receipt by the commissioner of the notice requiring arbitration under subsection (1) of this section, or, in the case of an appointment required under section 15 of the International Commercial Arbitration Act, within 15 days after the termination of the mandate of the arbitrator to be replaced, the appointment must be made by the minister.
(4) Even though a dispute as to the reasonableness of the commissioner's expenses sought by the budget, or the expenses sought by the levy request, as the case may be, has been referred to arbitration under subsection (1), the authority must, subject to subsection (5), make the payments required under section 239 or 240, as the case may be.
(5) If, as a result of an arbitration under subsection (1), the arbitrator determines that the expenses sought by the budget, or the expenses sought by the levy request, as the case may be, are greater than or are less than the amount that is reasonably required to cover the expenses referred to in section 236 for the applicable fiscal year, the authority must, at the beginning of each of the remaining quarters of the fiscal year, pay the amount determined by the following formula:
| arbitrated expenses - amounts paid |
| remaining quarters |
"arbitrated expenses" is the amount that is determined by the arbitration to be reasonably required to cover the expenses referred to in section 236 for that fiscal year,
"amounts paid" is the total of the amounts paid by the authority under sections 239 and 240 in the fiscal year in respect of which the expenses are sought, and
"remaining quarters" is the number of whole quarters in the fiscal year for which no payments have been made under sections 239 and 240.
Section 242 BEFORE repealed by 2014-21-45, effective June 25, 2014 (BC Reg 131/2014).
Commencement
242 (1) This Act, except sections 29 (3), 38, 43, 47 to 50, 92, 120 and 121, comes into force by regulation of the Lieutenant Governor in Council.
(2) Section 29 (3) comes into force on October 1, 2001.
(3) Sections 38, 43, 47 to 50, 92, 120 and 121 come into force on March 31, 1999 or on an earlier date set by regulation of the Lieutenant Governor in Council.
Section 244 (3) BEFORE amended by 2023-10-1077, effective March 30, 2023 (Royal Assent).
(3) A reference in this section to "person" does not apply to a transit employee acting in the course of his or her duty.
Section 248 (4) BEFORE amended by 2023-10-1078, effective March 30, 2023 (Royal Assent).
(4) Nothing in this section limits any power that a fare officer who is a member of the South Coast British Columbia Transportation Authority Police Service has in his or her capacity as a member of the South Coast British Columbia Transportation Authority Police Service.
Section 251 (1) BEFORE amended by 2023-10-1079, effective March 30, 2023 (Royal Assent).
(1) A person to whom a ticket has been issued under section 248 may, within the period and in the manner provided in the fare collection bylaw, dispute his or her liability under the ticket on one or more of the following grounds:
(a) the person did not commit the infraction as alleged;
(b) the ticket does not comply with section 249 (1);
(c) any other ground for cancellation set out in the fare collection bylaw.
Section 256 (1) BEFORE amended by 2023-10-1080, effective March 30, 2023 (Royal Assent).
(1) If, in accordance with this Division, a person appeals liability under a ticket issued under section 248, the arbitrator must, in his or her decision on the appeal,
(b) if satisfied that any of the grounds referred to in section 253 (a) to (c) applies, cancel the ticket.