VANCOUVER CHARTER, S.B.C. 1953, CHAPTER 55, Part XXV (28 of 31)

This archived statute consolidation is current to February 9, 2004 and includes changes enacted and in force by that date. For the most current information, click here.

[Current to B.C. Regulations Bulletin March 1, 2004]

VANCOUVER CHARTER — Continued
S.B.C. 1953, CHAPTER 55

Part XXV —
Quashing By-laws and Resolutions

Illegal by-law or resolution may be quashed

524. On the application of an elector or a person interested in the by-law or resolution, a Judge may declare the by-law or resolution void in whole or in part for illegality.

1993-54-77.

Notice and security

525. Notice of the application shall be served on the city at least ten days before the day of the hearing, and before the hearing the applicant shall furnish security for the city's costs in such amount and in such manner as the Judge shall think proper. After the determination of the proceedings, the Judge may make such order as to costs as shall be just.

1953-55-525.

Service on city within one month

526. No application to quash a by-law or resolution, or part thereof, under this part shall be entertained unless notice of the application is served on the city within one month after the passing of the by-law or resolution complained of.

1953-55-526.

Particulars to be given

527. The notice of application shall set out particulars of the illegality alleged.

1953-55-527.

Section Repealed

528. [Repealed 1982-7-112, proclaimed effective September 7, 1982.]

Applies to corrupt practices, etc.

529. A by-law or resolution in respect of the passing of which a violation of any of the provisions of section 123 or 124 has taken place may be quashed under this Part.

1953-55-529; 1993-54-78.

Procedure on application alleging corrupt practices, etc.

530. Where the ground of the application is an alleged violation of a provision of section 123 or 124, either alone or in conjunction with any other ground, the Judge may hold an inquiry and examine witnesses under oath as to the alleged violation before deciding upon the application to quash. The Judge in such case may order that nothing shall be done under the by-law or resolution complained of until the application is disposed of, but if the application is not proceeded with to the satisfaction of the Judge, he may remove the stay of proceedings.

1953-55-530; 1993-54-79.

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