This archived statute consolidation is current to November 2, 1999 and includes changes enacted and in force by that date. For the most current information, click here.

MUNICIPAL ACT

[RSBC 1996] CHAPTER 323

[Updated to January 4, 2000]

Contents

Section

Part 1 – Purposes and Principles

 

1

Purposes of this Act

 

2

Purposes of local governments

 

3

Broad powers

 

4

Principles for relationship between local governments and the Provincial government

Part 1.1 – Definitions and Interpretation

 

5

Definitions

 

6

[Repealed]

 

6.1

References to local government officer

 

6.2

Special rule for Mountain Time Zone

 

6.3

Process choice for local governments

 

6.4

How notices must be published in a newspaper

 

6.5

Giving notice to municipalities and regional districts

 

6.6

Power to make regulations

 

6.7

Interim regulations

Part 2 – Incorporation of Municipalities

 

7

Incorporation of a new municipality

 

8

Vote required for the incorporation of a new municipality

 

9

Procedure and costs for vote on incorporation

 

10

Incorporation of municipality in conjunction with resource development

 

11

Incorporation of a mountain resort municipality

 

11.1

Incorporation of island municipality in Islands Trust area

 

12

Incorporation of reserve residents as village

 

13

What must and may be included in letters patent

 

14

Exceptions for industrial plants

 

15

Publication of letters patent

 

16

[Repealed]

 

17

Classification of municipalities

 

18

Change of municipal classification

 

19

Size of council

 

20

Extension of boundaries

 

21

Redefinition of boundaries

 

22

Collection of taxes

 

23

Transfer of Provincial tax money if rural land included in municipality

 

24

Bylaws extend to additional area

 

25

Phased farm property tax exemption

 

26

Reduction of municipal area

 

27

Redefinition of adjoining municipalities

 

28

Conditions on extension or reduction

 

29

Disincorporation of a municipality

 

30

Dissolution of improvement district

 

31

Rights and liabilities not affected by surrender or revocation of letters patent

 

32

Existing licences preserved

Part 3 – Electors and Elections

Division 1 – Interpretation

 

33

Definitions

 

34

Time not extended for voting days

 

35

This Act prevails in relation to use of information

Division 2 – Arrangements for Elections

 

36

General local elections every 3 years

 

36.1

Municipal elections at large unless on a neighbourhood constituency basis

 

37

By-elections

 

38

Minister's order for election to be conducted

 

39

Election bylaws

 

40

Costs of elections

 

41

Appointment of election officials

 

42

Chief election officer duties and powers

 

43

Presiding election official duties and powers

Division 3 – Election Proceedings Generally

 

44

Public notices

 

45

Solemn declarations

 

46

Keeping order at election proceedings

 

47

Adjournment of election proceedings

 

48

Exceptional assistance in election proceedings

Division 4 – Electors

 

49

Who may vote at an election

 

50

Resident electors

 

51

Non-resident property electors

 

52

Rules for determining residence

 

53

When a person may register as an elector

 

54

Voting day registration only

 

55

Application for registration

 

56

How to register in advance

 

57

How to register as a resident elector at the time of voting

 

57.1

How to register as a non-resident property elector at the time of voting

 

58

Non-resident property elector certificate

 

59

Automatic registration by inclusion on Provincial list of voters

 

60

Effect of registration

 

61

Register of electors

 

62

List of registered electors

 

63

Protection of privacy

 

64

Objection to registration of an elector

 

65

Resolving objections

Division 5 – Qualifications for Office

 

66

Who may hold elected office as a member of a local government

 

67

Disqualification of local government employees

 

68

Only one elected office at a time in the same local government

Division 6 – Nominations and Declaration of Election

 

69

Nomination period

 

70

Notice of nomination

 

71

Who may make nominations

 

72

Nomination documents

 

72.1

Nomination deposits

 

73

Nomination by delivery of nomination documents

 

74

Declaration of candidates

 

75

Challenge of nomination

 

76

Declaration of election by voting or acclamation

 

77

Notice of election by voting

 

78

Appointment if an insufficient number of candidates are elected

Division 7 – Candidates and Representatives

 

79

Ballot showing candidate endorsement by elector organization

 

80

Withdrawal, death or incapacity of candidate

 

81

Appointment of candidate representatives

 

82

Presence of candidate representatives at election proceedings

Division 8 – Campaign Financing

 

83

Definitions

 

84

Election campaign

 

85

Appointment of financial agent

 

85.1

Campaign accounts

 

86

Restrictions on accepting contributions and incurring expenses

 

87

Restrictions on making campaign contributions

 

88

Financial agent must record contributions and expenses

 

89

Valuation of campaign contributions and election expenses

 

89.1

Transfer of candidate's surplus campaign funds

 

90

Duty to file disclosure statement

 

90.1

Duty to file supplementary reports

 

90.2

Late filing of disclosure statements

 

91

Court order for relief from filing obligations

 

92

Candidate disqualification for failure to file disclosure statement

 

92.1

Elector organization disqualification for failure to file disclosure statement

 

92.2

Public notice of failure to file

 

92.3

Disqualification list

 

92.4

Candidate disqualification for false or incomplete reports

 

92.5

Elector organization disqualification for false or incomplete reports

 

93

Disclosure statements and supplementary reports to be available for public inspection

Division 9 – Voting Opportunities

 

94

Voting opportunities for electors

 

95

Required general voting opportunities

 

96

Additional general voting opportunities

 

97

Required advance voting opportunities

 

98

Additional advance voting opportunities

 

99

Special voting opportunities

 

100

Mail ballot voting

Division 10 – Arrangements for Voting

 

101

Voting places

 

102

Use of voting machines

 

103

Municipal voting divisions

 

104

Form of ballots

 

105

What must and must not be included on a ballot

 

106

Order of names on ballot

 

107

Order of names on ballot determined by lot

 

108

Ballot boxes

Division 11 – Conduct of Voting Proceedings

 

109

Persons who must be present at voting places

 

110

Persons who may be present at voting places

 

111

Sealing of ballot boxes containing ballots

 

112

Time for voting extended

Division 12 – Voting

 

113

Voting to be by secret ballot

 

114

Each elector may vote only once

 

115

Requirements before elector may be given a ballot to vote

 

116

Challenge of elector

 

117

If another person has already voted under an elector's name

 

118

Replacement of spoiled ballot

 

119

How to vote by ballot

 

120

One person to a voting compartment

 

121

Persons needing assistance to mark their ballots

 

122

Persons unable to enter a voting place

Division 13 – Counting of the Vote

 

123

When and where counting is to be done

 

124

Who may be present at counting

 

125

Who does the counting

 

126

Opening of ballot boxes

 

127

Combination of ballots for counting

 

128

Procedures for counting

 

129

Rules for accepting votes and rejecting ballots

 

130

Objections to the acceptance of a vote or the rejection of a ballot

 

131

Ballot account

 

132

Packaging of ballots

 

133

Delivery of election materials to chief election officer

 

134

Preliminary election results

 

135

Determination of official election results

 

136

Declaration of official election results

 

137

When elected candidates may take office

Division 14 – Judicial Recount

 

138

Application for judicial recount

 

139

Judicial recount procedure

 

140

Results of judicial recount and orders as to costs

 

141

Determination of results by lot if tie vote after judicial recount

 

142

Runoff election if tie vote after a judicial recount

Division 15 – Declaration of Invalid Election

 

143

Application to court

 

144

Hearing of the application

 

145

Power of the court on an application

 

146

Costs of an application

 

147

Status of an elected candidate

Division 16 – Final Proceedings

 

148

Report of election results

 

149

Publication of election results

 

150

Retention and destruction of election materials

Division 17 – Election Offences

 

151

Vote buying

 

152

Intimidation

 

152.1

Prohibition against certain election advertising on general voting day

 

153

Other election offences

 

153.1

Prosecution of organizations and their directors and agents

 

154

Penalties

Division 18 – General

 

155

Powers of minister in relation to elections

 

156

Regulations

Part 4 – Other Voting

Division 1 – Interpretation

 

157

Definitions

 

158

Other voting to be conducted in same manner as an election

Division 2 – Assent of the Electors

 

159

How assent is obtained

 

160

Each bylaw to be voted on must be for a distinct purpose

Division 3 – Other Voting Proceedings

 

161

Who may vote at other voting

 

162

General voting day for other voting

 

163

Arrangements for other voting

 

164

Notice of other voting

 

165

Ballots for other voting

 

166

When counting for other voting is to be done

 

167

Special procedures if voting is conducted by more than one jurisdiction

 

168

Other general matters

Division 4 – Scrutineers

 

169

Scrutineers for other voting

 

170

Notice of applications to volunteer as a scrutineer

 

171

Applications to volunteer to act as scrutineer for other voting

 

172

Appointment of scrutineers for other voting

Part 5 – Corporate Powers and Their Use

Division 1 – Corporate Status and Governing Bodies

 

173

Corporations created

 

174

Governing bodies

 

175

Local government jurisdiction

Division 2 – General Corporate Powers

 

176

Corporate powers of local governments

Division 3 – Agreements

 

177

Disclosure of information relating to agreements

 

178

Requirements for electors' assent or counter petition opportunities

 

179

Amendment of agreements

 

180

Approval for out-of-Province and out-of-country agreements with public authorities

Division 4 – Assistance

 

181

Definition of "assistance"

 

182

Prohibition against assistance to business

 

183

Exception for assistance under partnering agreements

 

183.1

Exception for heritage conservation purposes

 

184

Limitation on assistance by means of tax exemption

 

185

Publication of intention to provide certain kinds of assistance

Division 5 – Disposing of Land and Improvements

 

186

Disposition of land and improvements

 

187

Notice of proposed disposition

 

188

Use of money from sale of land or improvements

 

189

Disposal of assets acquired with Provincial grants

 

190

Disposal of utilities and water and sewer systems

Division 6 – Delegation of Local Government Authority

 

191

Limitations on delegation authority

 

192

How delegation must occur

 

193

Delegation of hearings

 

194

Reconsideration of delegate's decisions

Division 7 – Incorporation of Corporations

 

195

Incorporation of corporations

Part 5.1 – Local Government Officers and Employees

Division 1 – Officer Positions

 

196

Officer positions

 

197

Chief administrative officer

 

198

Corporate administration

 

199

Financial administration

Division 2 – Officers and Employees Generally

 

200

Appointment of officers and employees

 

201

Oath of office for officers

 

202

Termination of officer

 

203

Employers' organization

Division 3 – Certification of Senior Officials

 

204

Board of examiners

 

205

Powers of board

 

206

Board may make regulations

Part 5.2 – Municipal Councils and Their Proceedings

Division 1 – Council Members

 

207

Size of council

 

208

Quorum of council

 

209

Term of office for council members

 

210

Oath of office for council members

 

211

Disqualification from office for failure to make oath or attend meetings

 

212

Resignation from office

 

213

Application to court to declare council member disqualified

 

214

Resolution declaring council member disqualified

 

215-217

[Repealed]

Division 2 – Mayor

 

218

Powers and duties of mayor

 

219

Mayor may return bylaw for reconsideration by council

 

220

Acting mayor and deputy mayor

 

221

Intermunicipal questions

Division 3 – Council Meetings

 

222

First council meeting after general local election

 

222.1

Regular and special council meetings

 

223

Notice of special meeting

 

224

Council members may request special meeting

 

225-226

[Repealed]

 

227

Mayor to preside at council meetings

 

228

Points of order

 

229

Appeal from decision of mayor

 

230

Voting at council meetings

 

231

Council member declaration if not entitled to vote

Division 4 – Council Proceedings

 

232

Exercise of powers by bylaw or resolution

 

233

General rule that matters be decided by majority of members present

 

234

Requirement for 2/3 majority

 

235

Procedure bylaw

 

236

Minutes of council meetings

 

237

Minutes of council committee meetings

 

238

Appointment of select committee

 

239

Establishment of standing committees

 

240

Witnesses at council or committee meetings

 

241

Petitions to council

 

242

Counter petition process

Division 4.1 – Public Access to Municipal Meetings

 

242.1

General rule: meetings must be open to the public

 

242.2

Meetings that may or must be closed

 

242.3

Resolution required before meeting closed

 

242.4

No bylaw votes in a closed meeting

 

242.5

Expulsion from meeting for improper conduct

 

242.6

Application to council committee meetings

 

242.7

Application to other municipal bodies

 

242.8

Regulations respecting open meetings

Division 5 – Additional Powers

 

243

Persons may be honoured with freedom of the municipality

 

244

Municipal holidays

 

245

Referendums to obtain electors' opinion

 

246

Joint exercise of powers with other municipalities

 

247

Incidental powers

 

248

Further powers in relation to municipal assets

 

249

Further powers for public good

 

250

Emergency powers

 

251

Additional powers and exceptions may be granted to municipalities

 

252-256

[Repealed]

Part 6 – Bylaws

Division 1 – General

 

257

Requirements for passing bylaws

 

258

Bylaw required to establish procedures

 

259

When a bylaw comes into force

 

259.1

Exercise of powers through municipal code

 

259.2

Evidence of bylaw

 

259.3

Bylaws must be available for public inspections

Division 2 – Challenge of Bylaws

 

260

Extended definition of "bylaw"

 

261

Validity of council proceedings

 

262

Application to court to set aside bylaw

 

263

Assessment or rate stands unless bylaw set aside

 

264

Declaratory orders

 

265

Right of action on illegal bylaw

Division 3 – Enforcement of Bylaws

 

266

Fines and penalties

 

267

Bylaw contraventions – offences and penalties

 

268

Inspections to determine whether bylaws are being followed

 

269

Municipal action at defaulter's expense

 

270

[Repealed]

Division 4 – Ticketing for Bylaw Offences

 

271

Definition of person who is a "justice"

 

272

Ticket offences

 

273

Laying information and serving ticket

 

274

Choice of paying fine or disputing ticket

 

275

Effect of paying fine

 

276

Hearing of dispute

 

277

Failure to appear at hearing

 

278

Failure to respond to ticket

 

279

Time extensions if person not at fault in failing to respond or appear

 

280

Regulations in relation to ticket offences

Division 5 – Consolidation and Revision of Bylaws

 

280.1

Consolidation of bylaws

 

280.2

Revision of bylaws

 

280.3

Revision may consolidate existing bylaws into municipal code

 

280.4

Bylaw required to adopt revision

 

280.5

Effect of revised bylaws

 

280.6

Correction of revision errors

Part 7 – Legal Proceedings

Division 1 – Proceedings by Municipality

 

281

Actions by municipality

 

282

Municipality may restrain breach of Act or bylaw

 

283

Recovery of utility rates by legal remedy of distress

 

284

Scale of costs on distress

Division 2 – Proceedings against Municipality

 

285

Limitation period for actions against municipality

 

286

Immunity unless notice given to municipality after damage

 

287

Immunity for individual municipal public officers

 

287.1

Defence for local government financial administrator

 

287.2

Indemnification against proceedings

 

288

Immunity against certain nuisance actions

 

289

Immunity in relation to failure to enforce building bylaws

 

290

Limitation on municipal liability regarding building plan approval

 

291

Proceedings against municipality in relation to actions of others

 

292

[Repealed]

Division 3 – Enforcement of Orders against Municipality

 

293

Writ of execution against municipality

 

294

Copy of writ to be left with municipal officer

 

295

Tax to be imposed if amount not paid

 

296

Payment of amount levied

 

297

Officers of municipality as officers of court

 

298

Certain municipal property exempt from seizure

Division 4 – Miscellaneous

 

299

Municipalities may join in litigation

 

300

Self insurance by local governments

 

301

Appeal from decision of registrar of land titles

 

301.1

Orders and awards respecting drainage or reclamation works

Part 8 – Special Municipal Powers Relating to Property

Division 1 – Reservation and Dedication of Real Property

 

302

Power to reserve municipal land for public purpose

 

303

Power to dedicate municipal land for public purpose

 

304

Power to cancel the dedication of a highway

 

305

Effect of reservation and dedication

 

305.1

Control of parks dedicated by subdivision

 

305.2

Exchange of dedicated land

Division 2 – Municipal Forest Reserves

 

306

Establishment of municipal forest reserve

 

307

Sale or lease of municipal forest reserve

 

308

Cutting and removal of timber

Division 3 – Expropriation and Compensation

 

309

Expropriation power

 

309.1

Authority in relation to services

 

310

Power to expropriate water diversion licences and related works

 

311

Entry on land to mitigate damage that may be caused by municipality

 

312

Compensation for non-expropriation actions

 

313

Funding for expropriation and mitigation

Division 4 – Other Powers

 

314

Power to accept property on trust

 

315

Power to convey land to school board in trust

 

316-326

[Repealed]

Part 9 – Financial Management

Division 1 – Financial Planning

 

327

Financial plan

 

327.1

Public process

Division 2 – Financial Reporting

 

328

Annual financial statements

 

329

Annual reporting on municipal finances

 

329.1

Reporting of remuneration and expenses

 

330

Right of elector to complain about accounting

Division 3 – Audit

 

331

Appointment of auditor

 

331.1

Auditor may appeal termination

 

331.2

Audit committee

 

331.3

Auditor's reports

 

331.4

Access to information by auditors

Division 4 – Expenditures, Liabilities and Investments

 

332

General revenue sources

 

333

Limit on expenditures

 

334

Limit on borrowing and other liabilities

 

334.1

Liabilities under agreements

 

334.2

Authority to incur prescribed liabilities

 

334.3

Revenue anticipation borrowing

 

334.4

Short term capital borrowing

 

335

Loan authorization bylaws

 

335.1

Counter petition opportunity required for borrowings

 

335.2

Temporary borrowing under loan authorization bylaw

 

335.3

Security issuing bylaws

 

335.4

Regional district financing of municipal undertaking

 

335.5

Appeal from inspector's decision regarding borrowing bylaws

 

336

Investment of municipal funds

Division 5 – Restrictions on Use of Municipal Funds

 

337

Purposes for which money may be used

 

338

Liabilities for use of money contrary to Act

Part 10 – Assessment and Taxation

Division 1 – Exemptions

 

339

General exemptions from taxation

 

340

Qualifications and exceptions to the general exemptions

 

341

Exemptions by council

 

342

Exemptions for heritage properties

 

343

Repayment requirement in relation to heritage exemptions

 

343.1

Exemptions for riparian property

 

343.2

Repayment requirement in relation to riparian exemptions

 

344

Qualifications to the exemptions under sections 341, 342 or 343.1

 

344.1

Tax exemptions under a partnering agreement

 

345

Exemptions for industrial or business property

 

346

Exemptions for community ports and airports

Division 2 – Golf Course and Cemetery Valuation Agreements

 

347

Definitions

 

348

Agreements for valuation of golf course or cemetery land

 

349

Covenants required for valuation agreements

 

350

Further liability for 10 years after end of valuation agreement

 

351

Operational details of valuation agreements

Division 3 – Special Cases

 

352

Forest land

 

353

Utility and other companies

 

354

[Repealed]

Division 4 – Tax Liability of Occupiers of Land

 

355

Definition of "occupier"

 

356

Taxation of Crown land used by others

 

357

Taxation of municipal land used by others

 

358

Taxation of occupier of exempt land

Part 10.1 – Taxes, Fees and Charges

Division 1 – Property Value Taxes

 

359

Annual property tax bylaw

 

359.1

Assessment averaging and phasing option

 

359.2

Regulations respecting property tax rates

 

359.3

Grouping of parcels

Division 2 – Parcel Taxes

 

360

Parcel tax bylaw

 

360.1

Assessment roll bylaw

 

361

Assessment rolls for parcel taxes

 

361.1

Local court of revision required for parcel tax

 

361.2

Notice of sitting by local court of revision

 

361.3

Local court of revision to hear complaints and make corrections

 

361.4

Application of Assessment Act provisions

 

361.5

Authentication of assessment roll

 

361.6

Notice of decision

 

361.7

Appeal to Supreme Court from local court of revision

 

361.8

Updating the assessment roll

 

361.9

Validity of assessment roll

 

362

Grouping of parcels

Division 3 – Fees and Charges

 

363

Imposition of fees and charges

 

364

Special fees and charges that are liens against property

Part 11 – Tax Collection

Division 1 – Due Dates and Tax Notices

 

365

Options for tax due dates

 

366

General tax collection scheme

 

367

Alternative municipal tax collection scheme

 

368

Owner may elect which scheme to use

 

369

General tax notices

 

370

Copies of tax notice to be sent to persons who have requested this

Division 2 – Adjustments to Taxes

 

371

Interest on overpayment of taxes

 

372

Adjustments required if assessments are set aside or varied

 

373

Taxation based on supplementary roll

 

374

Apportionment of property value taxes if land subdivided

 

375

Apportionment of parcel taxes if land subdivided

 

376

Special fees and charges that are to be collected as taxes

 

377

Charge for irrigation water rights

Division 3 – Payment of Taxes

 

378

Application of tax payments

 

379

Taxes in arrear

 

380

Delinquent taxes

 

381

Treatment of taxes on subdivision or cancellation of subdivision

 

382

Statements of taxes in arrear or delinquent

 

383

Certificate of taxes outstanding

Divisions 4 to 6

 

384-395

[Repealed]

Division 7 – Recovery of Taxes

 

396

Taxes are a special charge on the land

 

397

Liability of assessed owner and recovery by court action

 

398

Recovery of taxes by the legal remedy known as "distress"

 

399

Power to accept real property in place of taxes

 

400

Notice of delinquent taxes on Crown land

 

401

Recovery of taxes on Crown land subject to an agreement for sale

 

402

Recovery of taxes on Crown land held under lease or licence

Division 8 – Annual Tax Sale

 

403

Annual tax sale

 

404

Exemption of Crown land from tax sale

 

405

Notice of tax sale

 

406

Municipality may bid at tax sale

 

407

Upset price and conduct of tax sale

 

408

Purchaser to give authority to register tax sale title

 

409

Collector to provide certificate of sale

 

410

Tax sale of Crown land subject to an agreement to purchase

 

411

Provincial government may accept tax sale purchaser

 

412

Resale of land purchased by municipality at tax sale

 

413

Notice of tax sale must be filed in land title office

 

414

Owners must be given notice of tax sale and redemption period

 

415

Assessment and taxes during redemption period

 

416

Application of surplus from tax sale

 

417

Redemption by owner

 

418

Redemption payments by installments

 

419

Notice of redemption must be filed in land title office

 

420

Registration of purchaser

 

421

Effect of tax sale on rights of owner

 

422

Action by owner to have tax sale set aside

 

423

Reinstatement of taxes if sale set aside

 

424

Restrictions on legal actions in relation to tax sale

 

425

Repossessed tax sale land

 

426

Procedure on default of purchaser under agreement

 

427

Redemption by municipality of land sold for Provincial taxes

 

428

Power to agree with other taxing authority

 

429-447

[Repealed]

Part 12

 

448-479

[Repealed]

Part 13 – Special Funds

Division 1 – Sinking Funds

 

480

Requirement for separate accounts

 

481

[Repealed]

 

482

Savings institution account for sinking fund money

 

483

Application of securities held as investments from sinking funds

 

484

[Repealed]

 

485

Pledging sinking fund securities for municipal borrowing

 

486

[Repealed]

 

487

Directions from minister as to use of sinking fund

 

488

Reduction of sinking fund rates or levy

 

489

Surplus in sinking fund

 

490

Deficiency in sinking fund

 

491

Inspector may require report on sinking fund

 

492

Transfer of administration to Minister of Finance and Corporate Relations

Division 2 – Debt Retirement Funds

 

493

Municipal financial officer must keep accounts

 

494

Debt retirement funds advance

 

495

Investment of debt retirement fund

Division 3 – Reserve Funds

 

496

Capital works reserve funds

 

497

Reserve funds for municipal enterprises

 

498

Reserve fund from tax sale money

 

499

Special reserve fund

Division 4 – Local Improvement Fund

 

500

Local improvement fund

Division 5 – General

 

501

Transfer between funds

 

502

Use of money if original purpose has failed

 

503

[Repealed]

 

504

Limits on use of funds

 

505-506

[Repealed]

Part 14

 

507-516

[Repealed]

Part 15 – Municipal Services

Division 1 – Service Powers

 

517

General authority for services

 

518

Services outside municipality

 

519

Regulation of works and facilities outside the municipality

Division 2 – Police Services

 

520

Municipal law enforcement

 

521

Disposal of property in police possession

Division 3 – Fire Protection

 

522

Special fire protection powers

Division 4 – Health

 

523

Health protection authority

Division 5 – Highways

 

524

Possession of highways

 

525

Title to highways

 

526

Agreements to reserve land for highway purposes

 

527

Establishing and closing highways

 

528

Naming and numbering of highways

 

529

Works to protect highways from water damage

 

530

Special authority in relation to highways and related matters

 

531

Regulation of extraordinary traffic

 

532

Uses of highways and public places

 

533

Wires, poles and structures on highways

 

534

Gates across highway

 

535

Intermunicipal boundary highways

 

536

Bylaws respecting intermunicipal boundary highways

 

537

Disputes respecting boundary highways

 

538

Disputes respecting transecting highways

 

539

Intermunicipal bridges

Division 6 – Sewers, Storm Drains and Drainage

 

540

Special drainage and sewerage authority

 

541

Watercourse may be included in drainage system

 

542

Requirements respecting drainage works

 

543

Appropriation of stream channel or bed

 

544

Control of drainage

 

545

Appeal to minister if unable to reach agreement on construction of drains

 

546

Liability for damage to works or watercourse

 

547

Highway construction and dikes

 

548

Intermunicipal watercourses

 

549

District municipality drainage works

Division 7 – Waste and Recycling

 

550

Authority in relation to waste disposal and recycling services

Division 8 – Miscellaneous

 

551

Regulation of signs and advertising

 

552

Use of highways or municipal rights of way

 

553

Irrigation services

 

554

Charges for cleaning and clearing highways

 

555

Authority subject to Water Act

Part 16

 

556-584

[Repealed]

Part 17 – Utilities

Divisions 1 and 2

 

585-606

[Repealed]

Division 3 – Franchises

 

607

Granting of franchises

 

608

Establishing routes and other terms

 

609

Enforcement of franchise

Part 18 – Recreation and Community Services

Division 1

 

610-614

[Repealed]

Division 2 – Civic Commissions

 

615

Parks commission

 

616

Civic properties commission

 

617

Athletic commission

 

618

Recreation commission

 

619

Joint commission in place of recreation commission

Part 19 – Local Improvements and Specified Areas

Division 1 – Local Improvements

 

620

Definitions

 

621

Land that is exempt from taxation

 

622

Municipal policy that works must be undertaken as local improvements

 

623

Works that may be undertaken as local improvements

 

624

Sidewalk canopies as local improvements

 

625

Sewer, water and gas connections in relation to street paving

 

626

Sidewalk crossings and driveways provided at owner's request

 

627

Time limit on effect of construction bylaw

 

628

General rule of separate bylaws for distinct work

 

629

Local improvement proposed on council's initiative

 

630

Petition against work proposed on council's initiative

 

631

Petition to council for local improvement

 

632

Determining whether a petition is sufficient

 

633

Items that may be included in the cost of a work

 

634

Charges for work must be established in advance

 

635

Requirements for adoption of construction bylaw

 

636

Commuting special charges

 

637

Borrowing for works

 

638

Payment of costs in accordance with financial plan

 

639

Payment of costs from local improvement fund

 

640

Assessment must be revised if scope of work reduced

 

641

Duty of municipality to repair completed works

 

642

Procedure to compel municipality to repair

 

643

Current assessment of special charges is not an encumbrance

 

644

Cost of work that is replaced, removed or destroyed

 

645

Commission may be appointed to investigate assessment roll

Division 2 – Specified Areas

 

646

Services for specified areas

 

647

Off-street parking facilities

 

648

Borrowing for specified area

 

649

Enlargement or reduction of specified area

 

650

Merging of specified areas

 

650.1

Transfer or discontinuation of joint services

 

651

Application of Municipal Services Part to specified areas

Division 3 – Special Improvement Areas

 

651.1

Business improvement areas

 

651.2

Mountain resort business improvement areas

Part 20 – Business Regulation and Licensing

Division 1 – General Authority

 

652

Definition of "business"

 

653

Authority to regulate business

 

654

Regulation of business hours

 

655

Restriction on authority in relation to rental accommodations

 

656

Limitation on authority to require examination or certification

 

657

Regulation of carriers

Division 2 – Business Licensing

 

658

Authority to require business licences

 

659

Refusal of business licence

 

660

Suspension or cancellation of business licence

 

661

Right to reconsideration of delegated decisions

 

662

Intermunicipal business licences

 

663

Offence to carry on business without a licence

Division 3 – Licensing of Commercial Vehicles

 

664

Definitions

 

665

Application of Division

 

666

Commercial vehicle licensing bylaw

 

667

Exemptions from licensing requirements

 

668

Licence plate must be displayed

 

669

Issue and transfer of licence plates

 

670

Term of licences

 

671

Fees to be paid to UBCM

 

672

Offences

 

673-679

[Repealed]

 

680

Specific regulatory powers

 

681-691

[Repealed]

Part 21 – Building Regulations

Division 1 – Building Code and Other Building Regulations

 

692

Provincial building code and regulations

 

693

Building Code Appeal Board

Division 2 – Municipal Building Regulations

 

694

Municipal building regulations

 

694.1

Requirement for security

 

695

Requirement for certification by engineer or architect

 

696

Regulating doors and emergency exits

 

697

Municipality may adopt national codes

Division 3 – Specific Municipal Actions

 

698

Demolition or repair of unsafe buildings, structures and excavations

 

699

Building inspector may require engineering report

 

700

Note against land title that building regulations contravened

 

701

Cancellation of note against land title

Part 22 – Miscellaneous Powers

 

702

[Repealed]

Division 1 – Regulation of Animals

 

703

Keeping of animals

 

704

Regulation of animal nuisances

 

705

Dog licences

 

706

Compensation for injuries to livestock

 

707

Animal pounds

Division 2 – Protection of Trees

 

708

General protection of trees

 

709

Regulation of tree cutting and removal

 

710

Significant trees

 

711

Hazardous trees and shrubs

 

712

Removal or replacement of trees at owner's expense

 

713

Assessment and inspection of trees

 

714

Limits on powers under this Division

 

715

Reconsideration of delegate's decision

Division 3 – Sundry Powers

 

716

Bylaws regarding cemeteries

 

717

[Repealed]

 

718

Night patrols

 

719

[Repealed]

 

720

Bicycle licences

 

721

Land rehabilitation assistance

 

722

Wild flowers, auctions and athletic contests

 

723

Removal and deposit of sand, gravel and other soil

 

724

Noise control

 

725

Nuisances and disturbances

 

725.1

Protection of waterways

 

726

Fire and security alarm systems

 

727

Removal of dangerous buildings and other structures

 

727.1

Authority to require unsanitary conditions to be remedied

 

728

Firearms, explosives and fireworks

Part 23 – Improvement Districts

Division 1 – General

 

729

Definitions

 

730

Administration and control of improvement districts

 

731

Incorporation by letters patent

 

732

Incorporation of mountain resort improvement districts

 

733

Notation on title of land in a mountain improvement district

 

734

Amendment or recall of letters patent

 

735

Dissolution of improvement districts

 

736

Improvement district trustees

 

737

Election of improvement district trustees

 

738

Chair and officers

 

739

Meeting procedure

 

740

First meeting of trustees in each year

 

741

Trustees to account to owners

 

742

Appointment of receiver

 

743

Protection from legal proceedings

 

744

Improvement district property exempt from taxation

Division 2 – Powers and Operations

 

745

General powers

 

746

Powers that must be exercised by bylaw

 

747

Requirements for bylaws

 

748

Power to exercise rights under certain water licences

 

749

Power to expropriate water diversion licences and related works

 

750

General power to expropriate land and works

 

751

Renewal of works

 

752

Appeal if improvement district refuses to provide services

Division 3 – Taxes and Cost Recovery

 

753

Assessment roll

 

754

Notice of assessment

 

755

Revision of assessments

 

756

Tax collection on behalf of improvement district

 

756.1

Municipal collection of improvement district taxes

 

756.2

Payments to improvement districts

 

757

Levying of taxes by improvement district

 

758

Tax notices

 

759

Lien for taxes and tolls

 

760

Interest on taxes

Division 4 – Tax Sales

 

761

Definitions

 

762

Tax sale for recovery of taxes

 

763

Conduct of tax sale

 

764

Disposal of surplus from tax sale

 

765

Improvement district as purchaser of tax sale land

 

766

Tax sale deed

 

767

Sale of Crown land held under a mortgage or agreement for sale

 

768

Disposal of tax sale land by trustees

Division 5 – Borrowing and Securities

 

769

Provision of sinking funds

 

770

Provincial guarantee of improvement district securities

 

771

Form of securities

 

772

Registration of securities

Part 24 – Regional Districts

Division 1 – Interpretation

 

773

Definitions

 

774

Application of other provisions

Division 2 – Corporate Structure

 

775

Continuation of regional districts

 

776

Incorporation of regional districts

 

777

Letters patent of regional districts

 

778-779.3

[Repealed]

 

780

Amalgamation and division of regional districts and alteration of boundaries

 

781

Dissolution of improvement districts and local areas

 

782

Creation or restructure of municipalities

Division 3 – Government and Procedure

 

783

Composition and voting rights

 

784

Appointment and term of office of municipal directors

 

785

Election and term of office of electoral area directors

 

786

Alternate municipal directors

 

787

Alternate electoral area directors

 

788

Remuneration and expenses of directors and committee members

 

789

Director benefits

 

790

Reporting of remuneration and expenses

 

791

Voting on resolutions and bylaws

 

792

Chair and vice chair of board

 

793

Calling and conduct of meetings

 

794

Procedure, bylaws and enforcement

 

795

Committees, delegation of powers and inquiries

Division 4 – Powers and Services

 

796

General powers

 

797

General services

 

798

Local services

 

799

Extended services

 

800

Additional local or extended services

 

801

Additional powers and exceptions may be granted to regional districts

 

802

Referendums regarding services

 

803

Exercise of regulatory powers

 

804

Service areas

 

805

Extraterritorial participating areas

 

806

Establishing bylaws for services

 

807

Preconditions to validity of establishing bylaws

 

808

Assent of the electors by voting

 

809

Assent of electors by counter petition

 

810

Consent on behalf of municipal electors

 

811

Consent on behalf of electoral area electors

 

812

Petition for services

 

813

Amendment of establishing bylaws

Division 5 – Financial Operations

 

814

Accounting

 

815

Cost recovery for general services

 

816

Cost recovery for local services

 

817

Cost recovery for extended services

 

818

Options for local and extended services

 

819

Annual budget

 

819.1

Capital expenditure program

 

820

Apportionment of costs

 

821

Apportionment adjustments

 

822

Requisition of funds from municipalities

 

823

Requisition of funds for electoral areas

 

824

Collection in municipalities

 

825

Collection in electoral areas

 

826

Special funds

 

827

Feasibility study fund

 

828

Liabilities beyond the current year

 

829

Revenue anticipation borrowing

 

830

Short term capital borrowing

 

831

Loan authorization bylaws

 

831.1

Borrowing to cover judgments and awards in legal proceedings

 

832

Information that must be stated in borrowing bylaw

 

833

Security issuing bylaw

 

834

Provisions applicable to loan and security bylaws

 

835

Financing municipal undertakings

 

836

Borrowing on credit

Division 6 – General

 

837

Services to public authorities

 

838

Local community commissions

 

839

Notice required for certain bylaws

 

840

Restriction on authority in relation to firearms

 

841

Default on payment by municipality

 

842

Variable tax rate system

 

843

Property tax exemptions

 

844

Exemptions for heritage properties

 

845

Repayment requirement in relation to heritage exemptions

 

845.1

Exemptions for riparian property

 

845.2

Repayment requirement in relation to riparian exemptions

 

845.3

Tax exemptions under a partnering agreement

 

846

Inspection of regional districts

 

847

Legal proceedings

Part 25 – Regional Growth Strategies

 

848

Definitions

Division 1 – Application and Content of Regional Growth Strategy

 

849

Purpose of regional growth strategy

 

850

Content of regional growth strategy

 

851

Area to which regional growth strategy applies

 

852

Requirement to adopt regional growth strategy

Division 2 – Preparation and Adoption Procedures

 

853

Requirements for adoption

 

854

Initiation of regional growth strategy process

 

855

Consultation during development of regional growth strategy

 

856

Facilitation of agreement during development of regional growth strategy

 

857

Acceptance by affected local governments required

 

858

Resolution of anticipated objections

 

859

Resolution of refusal to accept

 

860

Settlement of regional growth strategy

 

861

Options for settlement process

 

862

General provisions regarding settlement process

 

863

Adoption of regional growth strategy

 

864

Requirement to adopt finalized regional growth strategy

Division 3 – Effect of Regional Growth Strategy

 

865

Regional district must conform with regional growth strategy

 

866

Requirement for regional context statements in municipal official community plans

Division 4 – General

 

867

Intergovernmental advisory committees

 

868

Implementation agreements

 

869

Regular reports and review of regional growth strategy

 

870

Provincial policy guidelines

 

871

Minister may require official community plans and land use bylaws

Part 26 – Management of Development

Division 1 – General

 

872

Definitions

 

873

Powers may be exercised by comprehensive bylaw

 

874

Ministerial orders

Division 2 – Official Community Plans

 

875

Application of community plans

 

876

General content of community plans

 

877

Required content

 

878

Policy statements in community plans

 

879

Designation of permit areas

 

879.1

Designation of development approval information areas or circumstances

 

880

Designation of heritage conservation areas

 

881

Planning of school facilities

 

882

Adoption procedures for municipalities

 

883

Adoption procedures for regional districts

 

884

Effect of official community plans

 

885

Petition to board for repeal of community plan

Division 3 – Rural Land Use Bylaws

 

886

Rural land use bylaws

 

887

Content of rural land use bylaw

 

888

Adoption procedures

 

889

Effect of rural land use bylaw

Division 4 – Public Hearings on Bylaws

 

890

Public hearings

 

891

Delegating the holding of public hearings

 

892

Notice of public hearing

 

893

Notice if public hearing waived

 

894

Procedure after a public hearing

Division 5 – Public Information and Advisory Commission

 

895

Development approval procedures

 

896

Information that must be available to the public

 

897

Procedures manual

 

898

Advisory planning commission

Division 6 – Board of Variance

 

899

Establishment of board of variance

 

900

Chair and procedures

 

901

Variance or exemption to relieve hardship

 

902

Extent of damage preventing reconstruction as non-conforming use

Division 7 – Land Use Designation

 

903

Zoning bylaws

 

904

Zoning for amenities and affordable housing

 

905

Housing agreements for affordable and special needs housing

 

906

Parking space requirements

 

907

Runoff control requirement

 

908

Regulation of signs

 

909

Screening and landscaping to mask or separate uses

 

910

Construction requirements in relation to flood plain areas

 

911

Non-conforming uses and siting

 

912

Effect of expropriation in relation to non-conforming use and subdivision

 

913

Approval of regional district bylaws by minister

 

914

No compensation in relation to adoption of bylaw or issuance of permit

Division 8 – Use of Land for Agricultural Operations

 

915

Intensive agriculture

 

916

Provincial standards for farm bylaws

 

917

Farm bylaws

 

918

Application

 

919

Three year review of bylaws affecting farming areas

Division 9 – Permits and Fees

 

920

Development permits

 

920.1

Development approval information

 

921

Temporary commercial and industrial permits

 

922

Development variance permits

 

923

Tree cutting permits

 

924

Approval required for development near controlled access highway

 

925

Requirement for security

 

926

Lapse of permit

 

927

Notice of permit on land title

 

928

General matters

 

929

Withholding of permits and licences that conflict with bylaws in preparation

 

930

Amendment and discharge of land use contracts

 

931

Fees related to applications and inspections

Division 10 – Development Costs Recovery

 

932

Definitions

 

933

Development cost charges generally

 

934

Amount of development cost charges

 

935

Use of development cost charges

 

936

Acquisition and development of park land

 

937

Adoption procedures for development cost charge bylaw

 

937.1

Development works agreements with private developers

Division 11 – Subdivision and Development Requirements

 

938

Subdivision servicing requirements

 

939

Excess or extended services and latecomer payments

 

940

Completion of works and services

 

941

Provision of park land

 

942

Provision of school sites

 

943

Bylaws adopted after application for subdivision submitted

 

944

Parcel frontage on highway

 

945

Highway provision and widening

 

946

Subdivision to provide residence for a relative

Division 12 – Contaminated Sites

 

946.1

Assessment of site profiles

 

946.2

Waste Management Act requirements must be met

 

946.3

[Repealed]

Part 27 – Heritage Conservation

Division 1 – General

 

947

Definitions

 

948

Limits on the use of this Part

 

949

Limit on compensation

 

950

Bylaw and permit procedures

 

951

[Repealed]

 

952

Ombudsman review of local government decisions

Division 2 – Heritage Review

 

953

Community heritage commissions

 

954

Community heritage register

 

955

Heritage recognition

 

956

Heritage inspection may be ordered

 

957

Entry authority for a heritage inspection

 

958

Impact assessment may be required

 

959

Local government requests for Provincial protection

Division 3 – Temporary Protection

 

960

Withholding of approvals

 

961

Withholding of demolition permits until other approvals issued

 

962

Orders for temporary protection

 

963

Temporary protection by introduction of a continuing protection bylaw

 

964

Heritage control periods for temporary protection

 

965

Temporary protection

Division 4 – Continuing Protection

 

966

Heritage revitalization agreements

 

967

Heritage designation protection

 

968

Heritage designation procedure

 

969

Compensation for heritage designation

 

970

Heritage site maintenance standards

 

971

Heritage conservation areas

Division 5 – Heritage Alteration Permits

 

972

Heritage alteration permits

 

973

Requirements and conditions in a heritage alteration permit

Division 6 – Notices under this Part

 

974

Giving notice to owners and occupiers

 

975

Posting notice on protected heritage property

 

976

Notice on land titles

 

977

Notice to minister responsible for the Heritage Conservation Act

 

978

Regulations regarding notices

Division 7 – Remedies and Offences

 

979

Civil remedies in relation to heritage property

 

980

Notice of contravention may be filed in land title office

 

981

Offences and penalties

Part 28 – Replotting Schemes

Division 1 – Interpretation

 

982

Definitions

 

983

Application of Part

Division 2 – Preparation and Initiation of Scheme

 

984

Preliminary definition of district

 

985

Information included in scheme

 

986

General principles of replotting

 

987

Reallotment of parcels

 

988

Municipality may acquire charges

 

989

Notice requirements for initiation of a scheme

 

990

General consent of owners to scheme

 

991

Consents binding on owners once given

 

992

Alterations to scheme may require new consents

 

993

Initiation of scheme by registration of resolution

 

994

Effect of initiation

 

995

Resolution to complete or discontinue scheme

Division 3 – Implementation and Completion of Scheme

 

996

Registration of common mass

 

997

Effect of deposit of reference plan

 

998

Registration for owners of new parcels

 

999

Rights of ownership and charges transferred

Division 4 – Complaints Regarding Compensation

 

1000

Allotments binding, although owners may complain regarding compensation

 

1001

Compensation for loss and damage

 

1002

Appointment of commissioner

 

1003

Replacement of commissioner

 

1004

Notice to owners who do not consent

 

1005

Time and place to hear complaints

 

1006

Hearing by commissioner

 

1007

Commissioner's powers and report

 

1008

Appeal to Supreme Court

 

1009

Payment of compensation

Division 5 – General

 

1010

Removal of buildings

 

1011

Accounts and apportionment

 

1012

Former highways to be maintained

 

1013

Limitation of claims

 

1014

Disposal of municipal parcels

 

1015

Taxation during proceedings

 

1016

List of owners must be provided to municipality

 

1017

Land title fees

 

1018

Questions may be referred to Supreme Court

Part 29 – Inspector of Municipalities

 

1019

Inspector of municipalities

 

1020

Official seal and documents

 

1021

Inquiries into local government matters

 

1022

Certificate of approval for money bylaws

 

1023

Inquiry into application for certificate

 

1024

Appeal from inspector's decision to withhold or refuse certificate

 

1025

Certificate conclusive of validity

Part 30 – Administration Commissioner

 

1026

Definitions

 

1027

Appointment of administrative commissioner

 

1028

Substitution of commissioner

 

1029

Acting commissioner

 

1030

Powers transferred to commissioner

 

1031

Power of commissioner to make bylaws

 

1032

Powers of commissioner to borrow

 

1033

Taxes for sinking fund

 

1034

Assessment rolls

 

1035

Limits on complaints against assessment

 

1036

Differences between commissioner and school board

 

1037

Reports to minister

 

1038

Election after commissioner appointed

 

1039

Restriction on legal proceedings

 

1040

Power to make regulations