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| This archived statute consolidation is current to September 6, 2000 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
Contents
1 Recognizing that local government is an independent, responsible and accountable order of government within its jurisdiction, the purposes of this Act are
(a) to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities,
(b) to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and
(c) to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities.
2 The purposes of a local government include
(a) providing good government for its community,
(b) providing the services and other things that the local government considers are necessary or desirable for all or part of its community,
(c) providing stewardship of the public assets of its community, and
(d) fostering the current and future economic, social and environmental well-being of its community.
3 (1) The powers conferred on local governments by this Act are to be interpreted broadly in accordance with the purposes of this Act and the purposes of local government, subject to the specific limitations and conditions established by or under this Act.
(2) For certainty, subject to subsection (1), if this Act confers a specific power on local governments in relation to a matter that can be read as coming within a general power also conferred by this Act, the general power is not to be interpreted as being limited by the specific power.
4 The relationship between local governments and the Provincial government in relation to this Act is based on the following principles:
(a) cooperative relations between the Provincial government and local governments are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia;
(b) local governments need the powers that allow them to draw on the resources required to fulfill their responsibilities;
(c) notice and consultation is needed for Provincial government actions that directly affect local government interests;
(d) the Provincial government recognizes that different local governments and their communities have different needs and circumstances and so may require different approaches;
(e) the independence of local government is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally.
5 In this Act:
"annual property tax bylaw" means a bylaw under section 359;
"approving officer" means an approving officer as defined in the Land Title Act;
"assessed value" means assessed value determined under the Assessment Act;
"assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act;
"assessment roll" means
(a) in relation to a property value tax, an assessment roll under the Assessment Act,
(b) in relation to a parcel tax, an assessment roll under Division 2 [Parcel Taxes] of Part 10.1 [Taxes, Fees and Charges], and
(c) in relation to a tax under Part 23 [Improvement Districts], an assessment roll under Division 3 [Taxes and Cost Recovery] of that Part;
"assessor" means an assessor appointed under the Assessment Authority Act;
"board", in relation to a regional district, means the board of directors for the regional district;
"building inspector" means a person to whom a local government has assigned the responsibility for administering bylaws enacted under section 694 (1) (a) [building regulation bylaws];
"business licence" means a licence required under Division 2 [Business Licensing] of Part 20 [Business Regulation and Licensing];
"charge", in relation to an estate or interest in land, means a charge under the Land Title Act;
"city" does not include the City of Vancouver;
"collector" means the designated municipal officer assigned responsibility as collector of taxes for the municipality;
"conservation" includes any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area;
"converted value of land and improvements" means the net taxable value of land and improvements multiplied by a percentage prescribed by the Lieutenant Governor in Council;
"council" means the council of a municipality;
"counter petition" means a petition against a proposed bylaw, action or other matter of a local government;
"counter petition opportunity" means an opportunity for electors to petition against a proposed bylaw, action or other matter in accordance with Division 5 of Part 4 [Other Voting – Counter Petition Opportunities];
"designated local government officer" means the designated municipal officer or designated regional district officer, as applicable;
"designated municipal officer" means
(a) the municipal officer assigned responsibility under section 196 [officer positions] in relation to the matter, or
(b) if no assignment referred to in paragraph (a) has been made, the municipal officer assigned responsibility under section 198 [corporate administration];
"designated regional district officer" means
(a) the regional district officer assigned responsibility under section 196 [officer positions] in relation to the matter, or
(b) if no assignment referred to in paragraph (a) has been made, the regional district officer assigned responsibility under section 198 [corporate administration];
"director", in relation to a regional district, means a member of the board of the regional district, whether as a municipal director under section 784 or as an electoral area director under section 785;
"district" means a township or district municipality;
"elector" means a resident elector or non-resident property elector of a municipality or regional district electoral area;
"electoral area" means an electoral area in a regional district as specified by the letters patent for the regional district;
"establishing bylaw" means an establishing bylaw under section 517.1 [municipal] or 800 [regional district];
"farm land" means land classified as farm land by the assessor;
"financial plan" in relation to a municipality means the current financial plan under section 327 [financial plan];
"first nation" means an aboriginal governing body, however organized and established by aboriginal people in their traditional territory in British Columbia;
"francophone education authority" means a francophone education authority as defined in the School Act;
"general local election" means the elections referred to in section 36 (1) [elections for council members and electoral area directors];
"general tax collection scheme" means the general tax collection scheme under section 366;
"greater board" means the corporate body, incorporated by an Act, with responsibility for the provision of water or sewage and drainage services;
"heritage character" means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance;
"heritage property" means property that
(a) in the opinion of a body or person authorized to exercise a power under this Act in relation to the property, has sufficient heritage value or heritage character to justify its conservation, or
(b) is protected heritage property;
"heritage value" means historical, cultural, aesthetic, scientific or educational worth or usefulness of property or an area;
"highway" includes a street, road, land, bridge, viaduct and any other way open to public use, but does not include a private right of way on private property;
"impose" includes levy;
"improvement district" means an improvement district, including a mountain resort improvement district, incorporated under this or any other Act;
"improvements" means improvements as defined in the Assessment Act;
"inspector" means the inspector of municipalities under section 1019;
"land" includes the surface of water but does not include
(a) improvements,
(b) mines or minerals belonging to the Crown, or
(c) mines or minerals for which title in fee simple has been registered in the land title office,
except that, for the purposes of assessment and taxation, it means land as defined in the Assessment Act;
"letters patent" includes supplementary letters patent;
"loan authorization bylaw" means a bylaw under section 335 [municipal loan authorization bylaws] or 831 [regional district loan authorization bylaws], as applicable;
"local court of revision" means the local court of revision under Division 2 [Parcel Taxes] of Part 10.1 [Taxes, Fees and Charges];
"local government" means
(a) the council of a municipality, and
(b) the board of a regional district;
"local government offices" means
(a) in relation to a municipality, the municipal hall, and
(b) in relation to a regional district, the offices where the regular office of the regional district officer assigned responsibility under section 198 [corporate administration] is located;
"local improvement" means a work or service undertaken as a local improvement under Division 1 of Part 19;
"local trust committee" means a local trust committee within the meaning of the Islands Trust Act;
"manage", with respect to land, improvements, personal property or other property, includes conserve, use, develop, construct, improve, operate, administer and maintain, as applicable;
"mountain resort improvement district" means a mountain resort improvement district incorporated under section 732;
"mountain resort municipality" means a mountain resort municipality incorporated under section 11;
"municipal tax collection scheme" means a municipal tax collection scheme under section 367;
"municipality" means
(a) a municipality incorporated under this or any other Act, or
(b) if the context requires, the geographic boundaries of a municipality referred to in paragraph (a),
but does not include the City of Vancouver, a regional district or an improvement district;
"net taxable value" in relation to land or improvements, or both, means net taxable value of land or improvements, or both, as applicable, for regional hospital district purposes;
"newspaper" means, in relation to a requirement or authorization for publication in a newspaper, a publication or local periodical that contains items of news and advertising;
"non-resident property elector" means, in relation to a municipality or regional district electoral area, a person who at the relevant time meets the qualifications for registration as a non-resident property elector under section 51 in relation to the jurisdiction;
"occupier" means a person
(a) who is qualified to maintain an action for trespass,
(b) who is in possession of Crown land under a homestead entry or preemption record,
(c) who is in possession of
(i) Crown land, or
(ii) land owned by a municipality or regional district
under a lease, licence, agreement for sale, accepted application to purchase, easement or other record from the Crown, municipality or regional district, or
(d) who simply occupies the land;
"official community plan" means a community plan adopted under section 882 or 883;
"owner" in respect of real property means
(a) the registered owner of an estate in fee simple,
(b) the tenant for life under a registered life estate,
(c) the registered holder of the last registered agreement for sale,
(d) the holder or occupier of land held in the manner referred to in section 356 [taxation of Crown land used by others] or section 357 [taxation of municipal land used by others], and
(e) an Indian who is an owner under the letters patent of a municipality incorporated under section 12 [incorporation of reserve residents as a village];
"parcel" means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway;
"parcel tax" means a tax imposed on the basis of
(a) a single amount for each parcel,
(b) the taxable area of a parcel, or
(c) the taxable frontage of a parcel;
"partnering agreement" means an agreement between a local government and a person or public authority under which the person or public authority agrees to provide a service on behalf of the local government, other than
(a) a service referred to in section 517 (2) (a) [municipal general administrative services], or
(b) a service referred to in section 797 (1) (a) and (b) [regional district general and electoral area administrative services];
"population" means
(a) population determined by the last preceding census taken by Canada, or
(b) if a municipality has been incorporated or its area has been adjusted after that census, population determined by a certificate of the minister;
"property class" means a property class under the Assessment Act;
"property value tax" means a tax imposed on the basis of the value of land or improvements or both;
"protected heritage property" means property that is
(a) protected under section 13 (2) of the Heritage Conservation Act,
(b) included under section 880 (3) (b) [heritage conservation areas] in a schedule to an official community plan, or
(c) designated as protected under bylaws made under section 967 [heritage designation protection];
"public authority" means any of the following:
(a) the government of Canada, government of British Columbia or government of another province, or an agent of any of them;
(b) a local government, the City of Vancouver or the trust council, a local trust committee or the trust fund board under the Islands Trust Act;
(c) a body in another province or country that provides local government services;
(d) a board as defined in the School Act, a regional health board designated under the Health Authorities Act, a greater board and the trustees of an improvement district;
(e) any other local government body, educational body or health care body, as those terms are defined in the Freedom of Information and Protection of Privacy Act;
(f) a first nation;
(g) any other body prescribed under section 6.6 (3) (a) as a public authority for the purposes of this Act;
"real property" means land, with or without improvements so affixed to the land as to make them in fact and law a part of it;
"regional district" means
(a) a regional district incorporated under this Act, or
(b) if the context requires, the geographic boundaries of a regional district referred to in paragraph (a);
"regional growth strategy" means a regional growth strategy under Part 25;
"registered", in relation to an interest in land less than the fee simple, means registered as a charge;
"registered owner" means the person registered in the land title office as entitled to the fee simple;
"regulating" includes authorizing, controlling, inspecting, limiting and restricting;
"resident elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications for registration as a resident elector under section 50 in relation to the jurisdiction;
"security issuing bylaw" means a bylaw under section 335.3 [municipal security issuing bylaws] or 833 [regional district security issuing bylaws], as applicable;
"service" in relation to a municipality or regional district means
(a) activities, works or facilities undertaken or provided by or on behalf of the municipality or regional district, and
(b) the exercise of regulatory authority under Part 15 [Municipal Services], section 796.2 [general authorities in relation to services] or section 797 [Part 15 powers equivalent to municipalities];
"subdivision servicing bylaw" means a bylaw under section 938;
"trust council" means the trust council within the meaning of the Islands Trust Act;
"zoning bylaw" means a bylaw under section 903.
6 [Repealed 1999-6-23.]
6.1 Words in an enactment referring to a local government officer, by name of office or otherwise, also apply to
(a) the officer's deputy, and
(b) any person designated by the local government to act in the officer's place.
6.2 In those municipalities and regional districts in which Mountain Standard Time or Mountain Daylight Time is customarily used, section 25 (7) of the Interpretation Act [calculation of time] does not apply and instead a reference to a specified time of the day is a reference to Mountain Standard Time or Mountain Daylight Time, as applicable.
6.3 [Repealed 2000-7-3.]
6.4 (1) If notice is required by this Act to be given by publication in a newspaper, the notice must be published in accordance with this section.
(2) If the same matter is subject to 2 or more requirements for publication in a newspaper, the notices required to be published may be combined as long as the requirements of all applicable sections are met.
(3) The notice must be published in a newspaper that is distributed at least weekly
(a) in the area affected by the subject matter of the notice, and
(b) in the municipality or regional district for which the notice is to be given, if the affected area is not in that municipality or regional district.
(4) The obligation under subsection (3) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.
(5) If publication under subsection (3) or (4) is not practicable, the notice may be given in the areas referred to in subsection (3) by alternative means as long as the notice
(a) is given within the same time period as required for publication,
(b) is given with the same frequency as required for publication, and
(c) provides notice that, in the view of the body required to give the notice, is reasonably equivalent to that which would be provided by publication if it were practicable.
(6) As an exception, subsection (5) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.
6.5 If an enactment requires or permits
(a) notice to be given to a local government, municipality or regional district,
(b) a document to be served on a local government, municipality or regional district,
(c) a document to be filed with a local government, municipality or regional district, or
(d) a document to be delivered, sent, submitted or otherwise provided to a local government, municipality or regional district,
the notice, service, filing or provision is effected if the notice or document is, as applicable, given, served on, filed with or provided to the local government officer assigned responsibility under section 198 [corporate administration].
6.6 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act [powers to make regulations].
(2) A regulation under this section may be made to apply to one, some or all municipalities, regional districts or other bodies governed by this Act, any combination of them, or any part or parts of them.
(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing a body as a public authority for the purposes of this Act;
(b) establishing an oath of office for local government officers for the purposes of section 201 [oath of office for officers];
(b.1) prescribing percentages for the purpose of determining the converted value of land and improvements, which may be different percentages for different classes of property under the Assessment Act;
(c) respecting any other matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.
6.7 (1) Without limiting section 6.6 and despite any other provision of this Act 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, in a local government Act;
(b) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing into operation amendments made to or by a local government Act;
(c) making provisions the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing into operation amendments made to or by a local government Act, including regulations providing an exception to or a modification of a provision in a local government Act;
(d) resolving any errors, inconsistencies or ambiguities in a local government Act resulting from an amendment made to or by a local government Act.
(2) A regulation under subsection (1) may be made to apply to one, some, or all municipalities, regional districts or other bodies governed by a local government Act, any combination of them, or any part or parts of them.
(3) A regulation under subsection (1) may be made retroactive to a date not earlier than the date this section comes into force.
(4) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.
(5) A regulation under subsection (1) ceases to have effect after the last day of the next session of the Legislative Assembly after the regulation is made.
(5.1) In this section, "local government Act" means any of the following:
(a) this Act;
(b) the Greater Nanaimo Water District Act;
(c) the Greater Vancouver Sewerage and Drainage District Act;
(d) the Greater Vancouver Water District Act;
(e) the Islands Trust Act;
(f) the Municipal Finance Authority Act;
(g) the Vancouver Charter;
(h) an Act amending another local government Act.
(6) This section is repealed on January 1, 2002.
7 (1) On the recommendation of the minister under subsection (2), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a new municipality.
(2) The minister may recommend incorporation of a new municipality to the Lieutenant Governor in Council if,
(a) in the case of an area for which a vote was taken under section 8 (3) (a), more than 50% of the votes counted as valid favour the proposed incorporation, or
(b) in the case of an area for which a vote was taken under section 8 (3) (b),
(i) more than 50% of the votes counted as valid favour a change in local government, and
(ii) more than 50% of the votes counted as valid favour the proposed incorporation if a change in local government were made.
(3) If an existing municipality or improvement district is located inside a new municipality incorporated under subsection (1), the Lieutenant Governor in Council must dissolve the existing municipality or improvement district by repealing its letters patent.
8 (1) The minister must not recommend the incorporation of a new municipality to the Lieutenant Governor in Council unless a vote of the persons proposed to be incorporated has been taken under this section.
(2) In any of the following circumstances, the minister may direct that a vote be taken of persons in an area specified by the minister respecting the proposed incorporation of those persons into a new municipality:
(a) on the request of the council of a municipality all or part of which is in the area;
(b) on the request of the board of trustees of an improvement district all or part of which is in the area;
(c) on the request of 2 or more residents of any part of the area that is not in a municipality;
(d) on the minister's own initiative, if the minister is of the opinion that those persons should, in the public interest,
(i) be incorporated into a new municipality, or
(ii) either be incorporated into a new municipality or be included in an existing municipality.
(3) A vote under this section must determine the opinion of the eligible voters
(a) as to whether they favour the proposed new incorporation, or
(b) as to
(i) whether they favour a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality, and
(ii) if a change in local government were made, whether they would favour the proposed new incorporation or inclusion in a specified existing municipality.
(4) A vote under subsection (3) (b) must be by 2 questions as follows:
(a) the first question must ask whether the voter favours a change in local government for the area, either by the proposed new incorporation or by inclusion in a specified existing municipality;
(b) the second question must ask whether the voter favours, if a change in local government were made, the proposed new incorporation or inclusion in the specified existing municipality.
(5) As an exception to the requirement that the question to be voted on be in a form that a voter may indicate assent or dissent, a question under subsection (4) (b) must be in a form that a voter may indicate a preference.
(6) As a limit on the authority of the minister under this section, a vote under this section must not be held in a local community under section 838 until 5 years after the later of the following:
(a) the date that the local community was established;
(b) the date that the latest vote under this section was taken in the local community.
9 (1) Part 4 applies to a vote under this Part so far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with in that Part.
(2) The costs of a vote under this Part must be paid as follows:
(a) if a new municipality is incorporated under section 7 following the vote, the costs of the vote are to be paid by the new municipality;
(b) if a new municipality is not incorporated and the vote was requested under section 8 (2) (a) by an existing municipality, the costs of the vote are to be paid by that municipality;
(c) in other cases, the costs of the vote are to be paid by the Minister of Finance and Corporate Relations out of the consolidated revenue fund.
10 (1) The Lieutenant Governor in Council may, by letters patent, incorporate the residents of a rural area into a municipality without holding a vote under this Part if the Lieutenant Governor in Council is of the opinion that it is in the public interest to establish the municipality in conjunction with the development of a natural resource.
(2) Letters patent under this section may
(a) include exceptions from statutory provisions,
(b) specify the effective period or time for an exception, and
(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.
(3) For a municipality incorporated under this section, on the recommendation of the minister, the Lieutenant Governor in Council may, by supplementary letters patent, provide for further exceptions and conditions.
(4) [Repealed 1999-37-7.]
(5) The council of a municipality incorporated under this section may provide housing for employees of the municipality and may incur liabilities for it, subject to the limit that an obligation incurred for this purpose must not have a term of more than 5 years.
(6) If a municipality is or has been established under this section, the Surveyor General must,
(a) as soon as practicable, establish sufficient coordinate control monuments to enable the area, or a portion of it, to be constituted an integrated survey area under the Land Survey Act, and
(b) on completion of the required survey, constitute the area or portion as an integrated survey area under the Land Survey Act.
(7) After the survey required by subsection (6), the municipality is responsible for the protection and maintenance of the coordinate control monuments.
11 (1) If a vote under section 8 is in favour of incorporation, the minister may recommend to the Lieutenant Governor in Council incorporation of a municipality as a mountain resort municipality.
(2) Despite section 8, in the case of an area that is a mountain resort improvement district, the minister may recommend incorporation of a new mountain resort municipality to the Lieutenant Governor in Council, in accordance with the letters patent of the improvement district.
(3) On the recommendation of the minister under subsection (1) or (2), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a mountain resort municipality.
(4) If an existing improvement district is located in a municipality incorporated under subsection (3), the Lieutenant Governor in Council must dissolve the existing improvement district by repealing its letters patent.
(5) Section 17 applies with respect to the incorporation of a mountain resort municipality under this section.
11.1 (1) As an exception to section 17 (1), if the area for a new municipality is entirely within the trust area under the Islands Trust Act, the municipality must be incorporated as an island municipality under the name of the "Island Municipality of ..........." or the "............. Island Municipality".
(2) An island municipality has all the powers and duties of a district municipality, and is subject to all the requirements and limitations of a district municipality, as these are established by or under this or any other Act.
12 (1) On the recommendation of the minister, in order to implement an agreement between the Lieutenant Governor in Council and a band council with the approval of the Governor in Council, the Lieutenant Governor in Council may, by letters patent, incorporate as a village the residents of an area of land inside a reserve as defined in the Indian Act (Canada).
(2) The Lieutenant Governor in Council must not issue letters patent under this section until
(a) the agreement of the Governor in Council and the band council is obtained, and
(b) the question of incorporation has been submitted to those members of the Indian band who are entitled to vote at the election of the band council and more than 50% of those entitled to vote have voted and of those voting more than 60% have voted in the affirmative.
(3) Letters patent under this section may
(a) include exceptions from statutory provisions,
(b) specify the effective period or time for an exception, and
(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.
(4) The letters patent or agreement referred to in subsection (1) may exempt the municipality or owners or residents from a provision of this or another Act and may include a provision considered desirable whether or not it is consistent with any Act.
(5) Despite subsection (4), an owner, as provided in the letters patent under that subsection, who complies with the requirements under the Home Purchase Assistance Act, is entitled to a grant, but not to a loan, under that Act.
13 (1) Letters patent incorporating a municipality must specify the municipality's name, boundaries, area and class.
(2) Letters patent incorporating a municipality may do one or more of the following:
(a) set the general voting day for the first election or authorize another person to do this;
(b) appoint the chief election officer for the first election or authorize another person or body to do this;
(c) set the terms of office for first council members, if these are to be different from the terms otherwise established by this Act;
(d) provide that the day, time and place of the council's first meeting is to be set by the chief election officer for the first election;
(e) set the sum of money which may be borrowed for the municipality's current expenditure in its first year and, if considered expedient, for the next year;
(f) set dates which may be observed initially, and once only, in place of statutory dates;
(g) provide for the transfer to the municipality of any asset, right, claim, obligation or liability of a municipality dissolved on the incorporation of the new municipality;
(h) provide that the bylaws of a municipality dissolved on the incorporation of the new municipality continue in force in the area that is inside the boundaries of the dissolved municipality until amended or repealed by the council of the new municipality;
(i) provide that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the municipality, the land and improvements are deemed, for a specified period before or following incorporation, or both, to be included in or excluded from the municipality;
(j) deal with other matters and conditions, including the appointment of an interim council, considered necessary or advisable by the Lieutenant Governor in Council.
(3) In addition to the matters referred to in subsections (1) and (2), letters patent incorporating a mountain resort municipality may do one or more of the following:
(a) provide that sections 334 (2) to (5) [limit on borrowing], 335.1 [counter petition opportunity required for borrowing] and 646 (7) [services for specified areas] do not apply, but that the inspector may direct that the assent of the electors be obtained or that the electors be provided with a counter petition opportunity in relation to the proposed bylaw;
(b) provide that other works and services may be the subject of a charge under section 933 (1) and (2) in addition to the facilities and land referred to in that section;
(c) provide that an official community plan for the municipality may include objectives and guidelines in addition to those set out in section 879 (1) (e) and that section 920 (9) does not apply with respect to that plan.
(3.1) In addition to the matters referred to in subsections (1) and (2), the letters patent incorporating an island municipality may do one or more of the following:
(a) vary the term of office for a municipal trustee on the trust council from that established by section 7 of the Islands Trust Act;
(b) establish the process that the council of an island municipality must follow in selecting and appointing municipal trustees to the trust council under section 7 of the Islands Trust Act;
(c) establish the process that the council of an island municipality must follow in submitting bylaws for approval under section 38 of the Islands Trust Act;
(d) provide for the transfer to the island municipality of any asset, right, claim, obligation or liability of the local trust committee or trust council in relation to the area being incorporated as the new municipality.
(4) Any of the provisions referred to in subsection (3) may, by supplementary letters patent, be made applicable to a mountain resort area in an existing municipality if
(a) the council of the municipality has requested the inclusion of the provision, and
(b) the municipality has obtained the assent of the electors to the inclusion of the provision in the letters patent.
(5) When issuing letters patent, the Lieutenant Governor in Council may vary the boundaries of the municipality or proposed municipality from those set out in the request, or from those designated by the minister, to make them regular or conform with the boundaries of neighbouring municipalities, or to exclude or include an area.
(6) Letters patent incorporating a district, or supplementary letters patent extending a city or district, may define an area in the municipality and designate the work and service deemed to be of special benefit to that area.
(7) If letters patent include a provision under subsection (6), Division 2 of Part 19 applies as if the area had been established as a specified area under section 646.
(8) Letters patent may provide that tax revenue from designated real property must be shared by the municipality with another municipality on the basis set out.
14 (1) If the minister believes that an industrial plant in an existing or proposed municipality does or will not, because of size or location, receive benefit from a work or service, the letters patent may describe the land where the plant is located and the work or service.
(2) If letters patent include a provision under subsection (1),
(a) from the date specified, the full cost of the work or service is to be charged against the remaining area of the municipality as if it were a specified area under Division 2 of Part 19, and
(b) the owner of the plant must provide the work or service, if required for the owner's use, at the owner's own expense.
(3) If subsections (1) and (2) apply to a municipality, the letters patent may provide for a reduction in the maximum rate permitted under this Act for any municipal tax.
(4) A provision made in letters patent under subsections (1) or (3) may be limited to a period of time.
(5) In the case of an industrial plant referred to in subsection (1), the letters patent may provide that no bylaw or other regulation of the council operates to restrict the construction, maintenance or operation of the industrial plant on the land described.
15 (1) On the issue of letters patent under this Act by the Lieutenant Governor in Council,
(a) the minister must publish a notice in the Gazette in the form prescribed under subsection (2), and
(b) the municipal council, regional district board or improvement district trustees, as applicable, must publish in a newspaper
(i) a copy of the letters patent, or
(ii) a synopsis that states where the letters patent may be examined and, if a boundary description is set out in the synopsis, where a map of the boundary description may be viewed.
(2) The Lieutenant Governor in Council may make regulations prescribing the form of notice under subsection (1) (a).
16 [Repealed 1998-34-5.]
17 (1) A municipality must be incorporated as follows:
(a) as a village, if the population is not greater than 2 500;
(b) as a town, if the population is greater than 2 500 but not greater than 5 000;
(c) as a city, if the population is greater than 5 000;
(d) despite paragraphs (a) to (c), as a district if the area to be incorporated is greater than 800 hectares and has an average population density of less than 5 persons per hectare.
(2) For the purpose of calculating the average population density, land continually covered by water must not be taken into account.
(3) Despite subsection (1), if the Lieutenant Governor in Council considers it to be in the public interest to do so, a municipality may be incorporated in another classification provided for in this Act.
18 (1) On request of the council, the Lieutenant Governor in Council may repeal the letters patent of a municipality and issue others in their place reincorporating the municipality as a city, town, district or village in accordance with section 17 (1) [classification of municipalities].
(2) A council may make a request under subsection (1) only after it has provided a counter petition opportunity in relation to the proposed change in classification.
(3) Letters patent reincorporating a municipality may include directions on any of the matters referred to in section 13 [what must and may be included in letters patent] and section 14 [exceptions for industrial plants] and on any other matters the Lieutenant Governor in Council considers appropriate.
(4) If the minister is satisfied that, since the last census, the population of a municipality has changed sufficiently to allow a change of classification, the minister may determine what the population of the municipality is deemed to be for the purposes of determining its classification for reincorporation.
19 If it appears that letters patent provide for a greater or smaller number of council members than is in accordance with the law for the time being in force, the Lieutenant Governor in Council may issue supplementary letters patent to correct the number.
20 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by supplementary letters patent, extend the area of a municipality to include land not in a municipality.
(2) The Lieutenant Governor in Council may specify in the supplementary letters patent that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements in the extended municipality, the land and improvements included by the extension are deemed, for a specified period before or after the extension, or both, to be included in or excluded from the municipality.
(3) Before making a recommendation referred to in subsection (1), the minister must
(a) notify the council of the proposed recommendation, or
(b) have received from the council a request for the extension.
(4) In either case referred to in subsection (3), the council must give public notice of the extension in at least 2 consecutive issues of a newspaper and once in the Gazette.
(5) A council
(a) may submit the question of the proposed extension to the electors of the municipality for assent, and
(b) must submit the question of the proposed extension to the electors of the municipality for assent if at least 10% of those electors request this within 30 days of the last publication of the notice under subsection (4).
(6) The minister may direct that a vote on the question of including an area in a municipality under this section be taken in that area in the form specified by the minister and, for these purposes, section 9 applies.
21 (1) The Lieutenant Governor in Council may, by supplementary letters patent, redefine or alter the boundaries of a municipality if it appears to the satisfaction of the Lieutenant Governor in Council that any of the following circumstances apply:
(a) the boundaries are uncertain;
(b) the boundaries do not follow legal property boundaries;
(c) the boundaries do not conform to those of an adjacent municipality;
(d) the whole or part of a highway on or adjacent to the boundary should be included or excluded;
(e) the whole or part of adjoining foreshore and any area below low water mark should be included or excluded;
(f) the whole or part of the adjoining foreshore along a river, stream or lake, or the foreshore and land covered by water, should be included or excluded;
(g) land adjacent to and owned by the municipality should be included.
(2) Before exercising the powers of subsection (1), the Lieutenant Governor in Council may direct that a notice of intention to redefine or alter the boundaries of a municipality be given at municipal expense once in the Gazette and once in a newspaper.
22 (1) If land is included in a municipality under section 13 (5), 20 or 21, all unpaid taxes previously imposed by the Provincial government or by another municipality on that land are taxes of the municipality in which the land is included, and that municipality may exercise all remedies under this Act for the collection of those taxes.
(2) The municipality in which the land referred to in subsection (1) is included,
(a) for unpaid taxes previously imposed by the Provincial government, must pay the amount of those taxes to the Surveyor of Taxes by January 1 in the year following the year in which the land is included in the municipality, and
(b) for unpaid taxes previously imposed by another municipality,
(i) may pay the amount of those taxes to the other municipality before they are collected, or
(ii) if the amount of those taxes is not paid under subparagraph (i), must pay that amount to the other municipality as they are collected.
(3) If land shown on the records of a land title office as a single parcel of land lies partly inside and partly outside a municipality and is, under section 13 (5), 20 or 21, wholly included in a municipality, the taxes then unpaid on any part of the land are a charge as unpaid taxes on the whole land.
23 (1) If land subject to assessment and taxation under the Taxation (Rural Area) Act is included in a municipality, either by incorporation of the municipality or by the extension or redefinition of its boundaries, the Minister of Finance and Corporate Relations may pay from the consolidated revenue fund to the municipality an amount equal to
(a) the current year's taxes levied under Part 2 of the Taxation (Rural Area) Act, if the date of the letters patent defining or redefining the municipal boundaries is effective before July 1, or
(b) one half of that amount, if that date is after June 30 in any year.
(2) The amount may include taxes levied on the land and improvements under any Act and due to the Provincial government.
(3) The taxes when collected by the municipality are municipal revenue.
(4) An amount to be paid under this section must be paid in January following the year in which the taxes are levied or at another time considered appropriate by the Minister of Finance and Corporate Relations.
24 (1) The bylaws and resolutions of the municipality to which an addition is made extend to the additional area, and continue in force until altered or repealed by the council.
(2) Despite subsection (1) but subject to section 782 (4.1), if a municipality is incorporated or the area of a municipality is extended, a provision of a bylaw adopted by a regional district or a local trust committee under the Islands Trust Act that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council.
25 For a newly incorporated municipality or an area newly included in a municipality, real property that before the incorporation is exempt from taxation because of section 15 (1) (f) of the Taxation (Rural Area) Act but after the incorporation is not exempt from taxation under this Act is exempted from taxation as follows:
(a) in the first year after incorporation, to the extent of 100% of the exemption that would have applied to the property had the incorporation not taken place;
(b) in the second year after incorporation, to the extent of 80% of the exemption that would have applied to the property had the incorporation not taken place;
(c) in the third year after incorporation, to the extent of 60% of the exemption that would have applied to the property had the incorporation not taken place;
(d) in the fourth year after incorporation, to the extent of 40% of the exemption that would have applied to the property had the incorporation not taken place;
(e) in the fifth year after incorporation, to the extent of 20% of the exemption that would have applied to the property had the incorporation not taken place.
26 (1) On the request of the council made in accordance with this section, the Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a municipality.
(2) Before making a request for reduction, a council must
(a) give public notice of its proposed request in at least 2 consecutive issues of a newspaper and once in the Gazette,
(b) obtain the consent in writing of at least 60% of the electors of the area proposed to be excluded, and
(c) receive the assent of the electors, unless this requirement is waived under subsection (4).
(3) A request for reduction must include the following:
(a) a description of the area proposed to be excluded;
(b) a description of the municipality's new boundaries;
(c) a reasonable estimate of the number of electors in the area to be excluded;
(d) a statement indicating that the required public notice has been given and an affidavit of the designated municipal officer attesting to that publication;
(e) the name, address, signature of consent and date of signature of at least 60% of the electors of the area proposed to be excluded;
(f) an affidavit of the designated municipal officer attesting to the number of electors entitled to sign under paragraph (e);
(g) an affidavit of one or more persons attesting to the authenticity of the electors' signatures under paragraph (e);
(h) the result of the vote required by subsection (2) (c), unless this requirement is waived under subsection (4);
(i) the assessed value for municipal purposes of the taxable land and improvements in the proposed reduced municipality;
(j) evidence satisfactory to the Lieutenant Governor in Council that all creditors of the municipality consent to the proposed reduction or that provision has been made to discharge the debt owing to the creditors whose consent is not obtained;
(k) a statement under oath by the mayor, jointly with the municipal officers assigned responsibilities under section 198 [corporate administration] and section 199 [financial administration], showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require;
(l) other matters that the Lieutenant Governor in Council may prescribe by regulation.
(4) The minister may waive the requirements of subsections (2) (c) and (3) (h).
(5) The Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a municipality without a request from the council if the area excluded is included in a municipality incorporated under section 12.
(6) When an area is excluded from a municipality under this section, the excluded area becomes a rural area.
27 (1) After receiving a request from the council of each of 2 adjoining municipalities, the Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of one municipality and extend the area of the other by the area withdrawn.
(2) Section 20 applies to the municipality whose area is extended and section 26 applies to the municipality whose area is reduced.
28 If the area of a municipality is extended or reduced, the Lieutenant Governor in Council may, by the letters patent extending or reducing the area, impose on the municipality conditions that may be considered proper.
29 (1) On receiving a request signed by a majority of the electors of the municipality, the Lieutenant Governor in Council may, by order published in the Gazette, set aside the letters patent incorporating the municipality and disincorporate the municipality.
(2) A municipality must not be disincorporated until the Lieutenant Governor in Council is satisfied that payment and discharge of all debts and obligations of the municipality is provided for.
(3) On disincorporation of a municipality, all its property vests in the Provincial government, and all taxes imposed by the municipality remaining unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition.
(4) In the case of a municipality that is disincorporated at a date before taxes are imposed for the calendar year in which the disincorporation takes effect, all property inside the boundaries of the disincorporated municipality is liable to assessment, taxation, levy and collection of taxes for all purposes in that year under the Taxation (Rural Area) Act and the School Act, as if the property were liable to assessment in the preceding year.
30 The Lieutenant Governor in Council may
(a) dissolve an improvement district wholly or partly in a municipality,
(b) transfer to the municipality any or all of the assets, rights, claims and obligations of the district on conditions that may be considered advisable, and
(c) specify that the bylaws of the improvement district continue in force in the part of the improvement district that is inside the municipality until amended or repealed by the council.
31 If letters patent are surrendered or revoked and others issued under this Act,
(a) the surrender, revocation or issue does not bar or discharge a right, claim or demand of or against the municipality, or a pending action or proceeding, and the municipality remains as liable and has the same rights and interest as if the letters patent surrendered or revoked were valid and not surrendered or revoked,
(b) the municipality is deemed to have been a corporation from the date of the letters patent originally incorporating it, and
(c) a registration in a land title office in the name of the municipality is a registration in the name of the municipality under the new letters patent or supplementary letters patent.
32 (1) A Provincial or municipal licence that
(a) was issued in any locality that has been
(i) incorporated as a municipality or disincorporated,
(ii) added to or severed from an existing municipality, or
(iii) united with another municipality in a new municipality, and
(b) was in force immediately before the change
is valid until its expiration, subject to the provisions of any Act or a bylaw or regulation of the municipality affected.
(2) On expiration, the reissue or renewal of a licence is governed by the statutory provisions or the appropriate municipal bylaw and regulation.
33 In this Part:
"additional advance voting opportunity" means a voting opportunity under section 98;
"additional general voting opportunity" means a voting opportunity under section 96;
"advance voting opportunity" means a required advance voting opportunity or an additional advance voting opportunity;
"candidate" means
(a) a person who is declared to be a candidate under section 74 [declaration of candidates], and
(b) for the purposes of Division 8 [Campaign Financing], includes a person who accepts campaign contributions or incurs election expenses with the intention of
(i) becoming a candidate in an election, or
(ii) seeking the endorsement of an elector organization for an election;
"candidate representative" means an official agent or a scrutineer appointed under section 81;
"chief election officer" means the election official appointed under section 41 (1);
"election" means an election for the number of persons required to fill a local government office;
"election official" means a person appointed under section 41;
"election proceedings" means nomination, voting or counting proceedings under this Part;
"elector organization" means an organization that endorses a candidate under section 79;
"endorse" means, in relation to an elector organization, endorsement under section 79 [ballot showing candidate endorsement by elector organization];
"financial agent" means a financial agent under section 85 of a candidate or elector organization within the meaning of Division 8 of this Part;
"general voting" means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 47;
"general voting day" means the day referred to in section 36 (2) or set under section 37 (5), 38 (1) or (3) or 142 (5);
"judicial recount" means a judicial recount under Division 14 of this Part;
"jurisdiction" means, in relation to an election, the municipality or regional district electoral area for which the election is held;
"neighbourhood constituency" means a neighbourhood constituency established under section 36.1;
"nomination documents" means the documents required by section 72 (1) and (2);
"nomination period" means the period referred to in section 69 or, if applicable, as extended by an adjournment under section 47;
"presiding election official" means, in relation to election proceedings, the chief election officer or the election official appointed under section 41 (3) (a) to act as presiding election official for those proceedings;
"required advance voting opportunity" means a voting opportunity under section 97;
"required general voting opportunity" means a voting opportunity on general voting day at a voting place under section 95;
"residential address" includes an indication of the area in which a person lives if no other specific designation is reasonably available;
"solemn declaration" means a declaration on oath or by solemn affirmation in accordance with section 45;
"special voting opportunity" means a voting opportunity under section 99;
"voting compartment" means an area described in section 113 (3);
"voting day" means the general voting day for an election, a day on which an advance voting opportunity for the election is offered or a day on which a special voting opportunity for the election is offered;
"voting hours" means the time during which voting is permitted on a voting day;
"voting opportunity" means an opportunity referred to in section 94 for some or all electors of a jurisdiction to vote in an election for the jurisdiction;
"voting place" means a place where voting proceedings at general voting or an advance voting opportunity are conducted.
34 Section 25 (3) of the Interpretation Act, extending a time period if the time for doing an act falls on a day when a business office is not open during regular business hours, does not apply to a voting day.
35 To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts 3 and 4 of this Act apply despite that Act.
36 (1) Elections for the mayor and all councillors of each municipality and elections for the electoral area directors of each regional district, to be known collectively as a general local election, must be held in the year 1993 and in every third year after that.
(2) General voting day for a general local election must be the third Saturday of November in the year of the election.
36.1 (1) Unless a bylaw under subsection (2) applies, every council member must be elected from the municipality at large.
(2) A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis.
(3) A bylaw under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.
(4) The authority under subsection (2) applies despite the letters patent of the municipality, but a bylaw under that subsection must be approved by the Lieutenant Governor in Council before it is adopted.
(5) If a neighbourhood constituency is established,
(a) the only persons who may vote as electors of the neighbourhood constituency are
(i) resident electors of the municipality who meet the qualifications of section 50 in relation to the area of the neighbourhood constituency, and
(ii) non-resident property electors of the municipality who meet the qualifications of section 51 in relation to the area of the neighbourhood constituency, and
(b) except as permitted at an additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency.
(6) The notice of election under section 77 for an election on the basis of a neighbourhood constituency must include the following additional information:
(a) the boundaries of the neighbourhood constituency;
(b) the voting place on general voting day for the neighbourhood constituency;
(c) a description of the qualifications established by subsection (5) (a) that entitle an elector to vote for a council member to represent the neighbourhood constituency.
37 (1) Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in an elected local government office that occurs in any of the following circumstances:
(a) a person elected or appointed to the office under this Part dies before taking office or the person holding the office dies;
(b) the office is declared vacant on an application under section 143, or a candidate affected by the application renounces claim to the office under subsection (9) of that section;
(c) the office becomes vacant under section 92 [disqualification for failure to file disclosure statement] or 211 [disqualification for failure to make oath or attend meetings];
(d) the person holding the office resigns under section 212 [resignation from office];
(e) the office is declared vacant on an application under section 213 [application to court for disqualification];
(f) the office becomes vacant by a resolution under section 214 [resolution declaring disqualification] or is declared vacant on an application under subsection (4) of that section.
(2) As an exception to subsection (1) in relation to a vacancy on any local government, the local government may decide that an election is not to be held if the vacancy occurs after July 1 in the year of a general local election that will fill the office.
(3) As an exception to subsection (1) in relation to a vacancy on a municipal council, the council may decide that an election is not to be held if all the following circumstances apply:
(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;
(b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;
(c) the number of remaining council members is at least one greater than the quorum for the council.
(4) As soon as reasonably possible after a vacancy occurs for which an election under this section is to be held, the local government must appoint a chief election officer for the election.
(5) The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.
(6) If the number of members of a local government is reduced to less than a quorum, the minister may either
(a) order that the remaining members of the local government constitute a quorum until persons are elected and take office to fill the vacancies, or
(b) appoint qualified persons to fill the vacancies until persons are elected and take office to fill them.
(7) A person elected under this section holds office until the applicable time referred to in section 209 (1) (b) or (2) (b) [term of office].
38 (1) If an election is not held or a vacant office is not otherwise filled as required by or under this Act, the minister may
(a) set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or
(b) order the designated local government officer to arrange for the election to be conducted.
(2) If considered necessary in relation to an election under subsection (1), the minister may make orders to provide for the conduct of the election and for the governing of the municipality or regional district until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or bylaws under this Act.
(3) The general voting day for an election under this section must be on a Saturday set by the minister or by the chief election officer in accordance with the directions of the minister.
39 (1) Unless otherwise provided, in order for a bylaw under this Part or under section 551 [regulation of signs and advertising] to apply in relation to a general local election, the bylaw must be adopted at least 8 weeks before the first day of the nomination period of the general local election.
(2) Unless otherwise provided, in order for a bylaw referred to in subsection (1) to apply in relation to an election under section 37, the bylaw must be adopted at least 6 weeks before the first day of the nomination period for the election.
40 (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the municipality or regional district for which the election is held unless otherwise agreed.
(2) The costs of an election may be shared under an agreement between the local government and another local government, the council of the City of Vancouver or a board of school trustees for the conduct of the election by one party for the other or in conjunction with an election of the other.
(3) A local government that is a party to an agreement under subsection (2) may, by bylaw, provide that the bylaws of the other party respecting elections apply to elections conducted under the agreement.
(4) An agreement referred to in subsection (2) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.
(5) An election to which an agreement referred to in subsection (4) applies is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the jurisdiction for which an election is held.
(6) Without limiting subsection (4), an agreement referred to in that subsection may allow a local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the jurisdiction for which the election is held.
(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the jurisdiction, an advance voting opportunity must be open to all electors of the jurisdiction on the same day.
(8) So long as any required advance voting opportunities are provided, no bylaw is necessary for an advance voting opportunity required by subsection (7), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.
(9) The chief election officer must give notice of a voting opportunity to which subsection (8) applies in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
41 (1) For the purposes of conducting an election, the local government must appoint a chief election officer and a deputy chief election officer.
(2) The chief election officer must appoint election officials required for the administration and conduct of the election.
(3) Without limiting the generality of subsection (2), the chief election officer must appoint the following:
(a) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official;
(b) election officials to act as alternate presiding election officials for election proceedings;
(c) election officials required to assist the presiding election official at election proceedings.
(4) The chief election officer may delegate the authority under subsection (3) (c) to the presiding election official for the election proceedings.
(5) The chief election officer may appoint peace officers as election officials to assist presiding election officials in fulfilling their duty to maintain peace and order at the election proceedings for which they are responsible.
(6) If an election official is absent or unable to act, a person appointed under this section as deputy or alternate for the official must perform the duties and has the powers of the official.
(7) A candidate, candidate representative or financial agent may not be appointed as an election official.
(8) Before assuming duties, an election official must make a solemn declaration that the person
(a) will faithfully and impartially fulfill the duties of the position to which the election official is appointed,
(b) has not received and will not accept any inducement to perform the duties of the position otherwise than impartially and in accordance with this Act or to otherwise subvert the election,
(c) will preserve the secrecy of the ballot in accordance with section 113, and
(d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.
42 (1) In addition to all other duties established by this Part, the chief election officer must do the following:
(a) ensure that a sufficient number of ballots are prepared for an election by voting;
(b) ensure that each voting place is supplied with sufficient numbers of ballots, ballot boxes and voting books and has an area that may be used as a voting compartment;
(c) take all reasonable precautions to ensure that a person does not vote more than once in an election;
(d) do all other things necessary for the conduct of an election in accordance with this Part and any regulations and bylaws under this Part.
(2) In addition to all other powers given by this Part, the chief election officer may do one or more of the following:
(a) exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;
(b) take solemn declarations where these are required by this Part;
(c) as an exception to the restrictions on where an elector may vote when municipal voting divisions are established, authorize an election official to vote at the voting place at which the official is working;
(d) delegate the chief election officer's duties and powers to other election officials, subject to any restrictions or conditions specified by the chief election officer;
(e) apply to the minister for an order under section 155.
43 (1) In addition to other responsibilities established by this Part, a presiding election official for election proceedings must
(a) ensure, so far as possible, that this Part and regulations and bylaws under it are being complied with, and
(b) take all reasonable precautions to keep the ballots and ballot boxes secure from persons not entitled to have access to them.
(2) In addition to other powers conferred by this Part, a presiding election official may
(a) take solemn declarations required by this Part in relation to the election proceedings for which the presiding election official is responsible, and
(b) if section 153 (4) (c) or (d) is being contravened, enter on the property where the materials that are the subject of the contravention are located and remove or cover them or otherwise obscure them from view, or authorize another person to do so.
44 (1) If this Part requires notice to be given in accordance with this section, the notice must be given by publication in a newspaper, and for these purposes section 6.4 [how notices must be published in a newspaper] applies.
(2) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.
45 (1) If this Part requires a solemn declaration to be made, the declaration must be
(a) made on oath or by solemn affirmation,
(b) made before a commissioner for taking affidavits for British Columbia or a person authorized by this Part to take the oath or solemn affirmation, and
(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.
(2) If a regulation under section 156 applies, the declaration must be made in a form prescribed by the regulation.
46 (1) A presiding election official must maintain peace and order so far as reasonably possible at the election proceedings for which the presiding election official is responsible.
(2) For the purposes of this section, the presiding election official may do one or more of the following:
(a) restrict or regulate the number of persons admitted at any time to the place where the proceedings are being conducted;
(b) order a person to leave the place where the proceedings are being conducted and the immediate vicinity of that place, if the circumstances referred to in subsection (3) (a) to (d) occur;
(c) order the removal of a person ordered to leave if that person does not comply;
(d) require the assistance of peace officers or of persons present at the place where the proceedings are being conducted.
(3) The presiding election official may require a person to provide identification and the person must comply with that requirement if, in the opinion of the presiding election official, that person
(a) is present at a place when not permitted to be present by this Act or by a regulation or bylaw under this Act,
(b) is disturbing the peace and order of the proceedings,
(c) is interfering with the conduct of the proceedings, or
(d) is contravening any provision of this Part or of a regulation or bylaw under this Part.
(4) A person ordered to leave under subsection (2) (b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the presiding election official.
(5) The authority under subsection (2) must not be used to prevent an elector otherwise entitled to vote at the place from exercising the right to vote.
47 (1) Election proceedings may be adjourned by the presiding election official in accordance with this section if the presiding election official considers that the health or safety of persons is at risk, or that the integrity of the proceedings is at risk.
(2) Election proceedings may be adjourned
(a) temporarily to another time on the same day or another time on the same day at another place specified by the presiding election official, or
(b) to a day, time and place to be set by the chief election officer.
(3) The presiding election official must notify the chief election officer as soon as possible of any adjournment and must follow any directions the chief election officer considers appropriate in the circumstances.
(4) While proceedings are adjourned, the presiding election official must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.
(5) The presiding election official must give notice to persons affected by an adjournment as directed by the chief election officer or, in the absence of direction, in any manner the official considers appropriate.
(6) Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.
(7) If voting proceedings are adjourned, the counting of the vote must not be started until the close of voting at the adjourned proceedings.
48 (1) The provisions of this section are exceptions for allowing persons to exercise their rights under this Part in circumstances where they would otherwise be unable to do so.
(2) If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make his or her mark and witness that mark.
(3) If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that he or she is able to make the translation and will do so to the best of his or her abilities.
(4) The obligation to provide a translator rests with the person who is required to make the solemn declaration or provide the information and, if that person does not provide a translator, that person must be considered to have refused to make the solemn declaration or provide the information.
49 (1) In order to vote at an election for a jurisdiction, a person
(a) must meet the requirements of section 50 (1) (a) to (e) or 51 (1) (a) to (f) at the time of voting,
(b) must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and
(c) must be registered as an elector of the jurisdiction.
(2) The following persons are disqualified from voting at an election:
(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;
(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;
(c) a person who is prohibited from voting
(i) under Division 17 of this Part as it applies to elections or voting on any other matter under this or any other Act, or
(ii) under Division 17 of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that or any other Act;
(d) a person who has contravened section 151 (3) in relation to the election.
(3) For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.
(4) A person must not vote at an election unless entitled to do so.
50 (1) In order to be registered as a resident elector of a jurisdiction, a person must meet all the following requirements on the day of registration:
(a) the person must be an individual who is, or who will be on the general voting day for the jurisdiction, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a resident of British Columbia, as determined in accordance with section 52, for at least 6 months immediately before that day;
(d) the person must have been a resident of the jurisdiction, as determined in accordance with section 52, for at least 30 days immediately before that day;
(e) the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law.
(2) If a municipality is incorporated or the boundaries of a jurisdiction are extended, a person is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 days before the person applies for registration as an elector, the person has been a resident, as determined in accordance with section 52, of the area that becomes the municipality or is included in the jurisdiction.
51 (1) In order to be registered as a non-resident property elector of a jurisdiction, a person must meet all the following requirements on the day of registration:
(a) the person must not be entitled to register as a resident elector of the jurisdiction;
(b) the person must be an individual who is, or who will be on the general voting day for the jurisdiction, age 18 or older;
(c) the person must be a Canadian citizen;
(d) the person must have been a resident of British Columbia, as determined in accordance with section 52, for at least 6 months immediately before that day;
(e) the person must have been a registered owner of real property in the jurisdiction for at least 30 days immediately before that day;
(e.1) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;
(f) the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law.
(2) A person may only register as a non-resident property elector in relation to one parcel of real property in a jurisdiction.
(3) If a municipality is incorporated or the boundaries of a jurisdiction are extended, a person is deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 days before the person applies for registration as a non-resident property elector, the person has been a registered owner of property within the area that becomes the municipality or is included in the jurisdiction.
(4) For the purposes of this section, the registered owner of real property means whichever of the following is applicable:
(a) the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (b) to (d);
(b) the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (c) or (d);
(c) the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);
(d) the holder of a registered lease of the property for a term of at least 99 years.
(5) If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a non-resident property elector under this section in relation to the real property.
(6) If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals.
(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the municipality or regional district.
(8) Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the non-resident property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective
(a) for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and
(b) following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.
52 (1) The following rules apply to determine the area in which a person is a resident:
(a) a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;
(b) a person may be the resident of only one area at a time for the purposes of this Part;
(c) a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;
(d) a person does not cease being a resident of an area by leaving the area for temporary purposes only.
(2) As an exception to subsection (1), if a person establishes for the purposes of attending an educational institution a new area in which the person is a resident that is away from the usual area in which the person is a resident, the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.
53 (1) A person may register as an elector
(a) at the time of voting in accordance with section 57 or 57.1, or
(b) by advance registration in accordance with section 56, if this is available.
(2) If a bylaw under section 59 is in effect for a jurisdiction, a person entitled to register as a resident elector of the jurisdiction may effectively register as such by registering as a voter under the Election Act in sufficient time to have the person's name appear on the Provincial list of voters that becomes, under the bylaw, the register of resident electors for the jurisdiction.
54 A local government may, by bylaw, limit registration of electors to registration at the time of voting.
55 (1) An application for registration as an elector must include the following information:
(a) in the case of registration as a resident elector,
(i) the full name of the applicant,
(ii) the residential address of the applicant, and the mailing address if this is different, and
(iii) either the birth date or the last 6 digits of the social insurance number of the applicant;
(b) in the case of registration as a non-resident property elector,
(i) the full name of the applicant,
(ii) the address or legal description of the real property in relation to which the person is registering and the mailing address of the applicant, and
(iii) either the birth date or the last 6 digits of the social insurance number of the applicant;
(c) a declaration that the applicant meets the requirements of section 49 (1) (a) and (b) to be registered as an elector;
(d) any other information required by regulation under section 156 to be included.
(2) An application must
(a) be signed by the applicant and by a witness to the signature of the applicant, and
(b) include the residential address of the witness, if this is not a person authorized by the chief election officer or by the designated local government officer.
(3) For the purpose of subsection (1), an address of an applicant that indicates the area in which the applicant is resident within the meaning of section 52 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the jurisdiction.
(4) In the case of an application for registration as a non-resident property elector, the application must be accompanied by
(a) proof satisfactory to the person receiving the application that the applicant is entitled to register in relation to the real property referred to in subsection (1) (b), and
(b) if applicable, the written consent from the other registered owners of the real property required by section 51 (6).
56 (1) If advance registration is available for a jurisdiction except during the closed period under subsection (4), a person may register as an elector by delivering an application and accompanying documents in accordance with section 55
(a) at the local government offices during its regular office hours,
(b) at a special registration opportunity under subsection (6), or
(c) at other times and places authorized by the designated local government officer.
(2) If a bylaw under section 54 does not apply, advance registration must be available in accordance with this section.
(3) If advance registration is required, it must be available to both resident electors and non-resident property electors unless deemed registration of resident electors under section 59 is in effect.
(4) Advance registration closes 53 days before general voting day and does not reopen until the Monday after the close of general voting, subject to any extension of this closed period in relation to an election under section 142.
(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the designated local government officer must give public notice of the close of advance registration in accordance with section 44.
(6) For the purpose of encouraging persons to register as electors,
(a) a local government may direct the designated local government officer to arrange an enumeration of the municipality or regional district, and
(b) that officer may arrange other special opportunities for persons to apply to register as electors.
(7) The designated local government officer must ensure that application forms are available from the local government offices during its regular office hours at any time when advance registration as an elector is permitted.
57 (1) A person may register as a resident elector immediately before voting by
(a) either
(i) delivering an application form in accordance with section 55 [application for registration] to the election official responsible at the place where the person is voting, or
(ii) providing to that official the information required under that section in the manner established by the chief election officer, and
(b) satisfying that official of the applicant's identity and place of residence in accordance with subsection (2).
(2) For the purposes of subsection (1) (b), an individual may either
(a) produce to the election official at least 2 documents that provide evidence of the applicant's identity and place of residence, at least one of which must contain the applicant's signature, or
(b) produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature, and make a solemn declaration as to the applicant's place of residence within the meaning of section 52 [rules for determining residence].
(3) Documents accepted under subsection (2) must either be documents prescribed as acceptable under section 156 [regulations] or provide evidence satisfactory to the election official respecting the matter.
(4) The election official registering an elector under this section must note on the application the nature of the documents produced for the purposes of subsection (1) (b).
(5) The election official responsible for receiving application forms under subsection (1) is the presiding election official or another election official designated by the presiding election official.
57.1 (1) A person may register as a non-resident property elector immediately before voting by
(a) either
(i) delivering an application form in accordance with section 55 [application for registration] to the election official responsible at the place where the person is voting, or
(ii) providing to that official the information required under that section in the manner established by the chief election officer,
(b) satisfying that official of the applicant's identity in accordance with subsection (2), and
(c) delivering a certificate under section 58 [non-resident property elector certificate] to that official.
(2) For the purposes of subsection (1) (b), an individual must produce to the election official at least 2 documents that provide evidence of the applicant's identity, at least one of which must contain the applicant's signature.
(3) Section 57 (3) to (5) applies for the purposes of this section.
58 (1) In order to obtain a certificate required to register under section 57.1, a person may apply as follows:
(a) during voting hours when voting proceedings are being conducted for advance voting or general voting, at the place and to the official designated by the chief election officer;
(b) at any time during regular office hours for the local government, by applying at the local government offices to the designated local government officer or another local government official authorized by the designated local government officer;
(c) if the chief election officer makes additional provision for the purposes of this subsection, by applying at a place and to an official designated by the chief election officer.
(2) [Repealed 1999-37-16(a).]
(3) The local government official must issue a certificate if the applicant provides
(a) proof satisfactory to the official that the person applying will be entitled to register in relation to that real property at the time the person votes, and
(b) if applicable, the written consent from the other registered owners of the real property required by section 51 (6).
(4) A certificate under this section must
(a) state the name of the person entitled to register as a non-resident property elector under the certificate,
(b) identify the real property in relation to which the person is entitled to register, and
(c) be signed by the issuing official.
(5) The designated local government officer must maintain a record of all certificates issued under this section.
(6) From the 46th day before general voting day until the close of general voting, the current record under subsection (5) must be available for public inspection at the local government offices during its regular office hours, and for these purposes section 62 (4), (5), (8) and (9) [list of registered electors – public access] and section 63 [protection of privacy] apply to that record.
59 (1) Instead of maintaining an ongoing register of resident electors, a local government may, by bylaw, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors.
(2) A bylaw under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before general voting day for any election to which the bylaw applies.
(3) If a bylaw under subsection (1) applies,
(a) any previous register of resident electors of the jurisdiction is cancelled, effective at the time the Provincial list of voters becomes the register,
(b) a person who, on the basis of the Provincial list of voters, appears to meet the qualifications to be registered as a resident elector of the jurisdiction is deemed to be registered as such an elector, and
(c) the local government may have, but is not required to have, advance registration under section 56 for resident electors.
60 (1) Unless
(a) a bylaw under section 54 applies, or
(b) all or the applicable part of the register of electors is cancelled,
a person registered as an elector continues to be an elector of the jurisdiction as long as the person meets the requirements for registration.
(2) If a bylaw under section 54 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.
61 (1) Subject to section 59, a register of electors of a jurisdiction must be maintained if advance registration is available in the jurisdiction.
(2) The designated local government officer is responsible for maintaining the register of electors.
(3) The register of electors must separately record resident electors and non-resident property electors of each jurisdiction and, for each elector, must record the name of the elector and the address or addresses of the elector required to be included on an application under section 55.
(4) For the purposes of recording the address or addresses of a resident elector under subsection (3), the register of electors may record only the residential address of the elector as required to be included on an application under section 55.
(5) For the purposes of maintaining the register of electors, the designated local government officer
(a) must add to the register persons who have registered in accordance with section 56, 57 or 57.1,
(b) may add to the register persons who meet the requirements of section 50 (1) to be registered as resident electors of the jurisdiction, as evidenced by a current Provincial list of voters under the Election Act,
(c) may add to the register persons who meet the requirements of section 50 (1) to be registered as resident electors of the jurisdiction, as evidenced by registration under section 161,
(d) despite section 60 (2), for a new register established after a bylaw under section 54 ceases to be in force, may add to the register
(i) persons whose names were included in the previous register, and
(ii) persons who registered for elections conducted in the jurisdiction while the bylaw was in force,
(e) if all or part of a register is cancelled under subsection (8) or section 59, may add to the new register persons whose names were included in the cancelled register,
(f) on evidence satisfactory to that official, may delete from the register the names of persons who have died or who are no longer qualified as electors, and
(g) on evidence satisfactory to that official, may amend the register to show correctly the information to be included in the register.
(6) A person whose name is added to the register under subsection (5) (b), (c), (d) or (e) is deemed to have registered as an elector, as recorded in the register, and section 60 (1) applies to the registration.
(7) The designated local government officer may authorize a person to assist in that officer's duties under this section and may authorize the person to exercise the officer's powers under this section.
(8) The local government or the minister may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register.
62 (1) If a register of electors is required under section 61, the designated local government officer must prepare a list of registered electors of each jurisdiction to be used for the purposes of administering an election.
(2) The list of registered electors must give the names and addresses of all persons included on the register of electors at the time the list is prepared and must indicate whether a person is a resident elector or a non-resident property elector.
(3) From the 46th day before general voting day until the close of general voting, a copy of the list of registered electors as it stands at the beginning of that period must be available for public inspection at the local government offices during its regular office hours.
(4) Before inspecting the list of registered electors, a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the list or use the information included in the list except for the purposes of this Part.
(5) The designated local government officer must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.
(6) At least 6 but not more than 30 days before the first day on which the list of registered electors is required to be available under subsection (3), notice must be given in accordance with section 44 [public notices] that
(a) a copy of the list of registered electors will be available for public inspection at the local government offices during its regular office hours from the date specified in the notice until the close of general voting for the election,
(b) an elector may request that personal information respecting the elector be omitted from or obscured on the list in accordance with section 63 [protection of privacy], and
(c) an objection to the registration of a person as an elector may be made in accordance with section 64 [objections] before 4 p.m. on the 36th day before general voting day.
(7) The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under section 64 have been dealt with.
(8) Each person who has been nominated in accordance with section 73 is entitled, for use by the person for the purposes of the election, to
(a) one copy of the list of registered electors without charge, and
(b) on payment to the jurisdiction of the reasonable costs of reproduction, other copies as requested by the person.
(9) Before receiving a list of registered electors, a person referred to in subsection (8) must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.
63 If requested by an elector in order to protect the privacy or security of the elector, the chief election officer must amend a list of registered electors that is to be available for public inspection, or that is to be provided under section 62 (8) [list provided to candidates], by omitting or obscuring the address of the elector or other information about the elector.
64 (1) The registration of a person whose name appears on the list of registered electors under section 62 (3) may be objected to in accordance with this section.
(2) An objection must be received by the designated local government officer, or a person authorized for this purpose by that officer, before 4 p.m. on the 36th day before general voting day.
(3) An objection may only be made by a person entitled to be registered as an elector of the jurisdiction for which the registration is questioned.
(4) An objection may only be made on the basis
(a) that the person whose name appears has died, or
(b) that, at the time of the objection, the person is not qualified to be registered as an elector of the jurisdiction.
(5) An objection must be made in writing, signed by the person making it and include the following:
(a) the name and address, as shown in the list of registered electors, of the person against whose registration the objection is made;
(b) the basis of the objection, including a statement of the facts that the objector believes support this;
(c) the name and address of the person making the objection.
(6) On receiving an objection, the designated local government officer must make a reasonable effort to notify the person against whom the objection is made of
(a) the objection,
(b) the name of the person who made the objection, and
(c) the basis on which the objection is made.
65 (1) An objection under section 64 on the basis of death must be resolved by the designated local government officer in accordance with the following:
(a) that official must have a search made of the records under the Vital Statistics Act;
(b) if a record of death is found and that official is satisfied that it applies to the person whose registration is being objected to, that official must remove the person's name from the register of electors;
(c) if a record of death is not found and that official is unable to contact the person, the official must proceed in accordance with subsection (2) (c) and (d).
(2) An objection on the basis that a person is not entitled to be registered as an elector must be resolved by the designated local government officer in accordance with the following:
(a) if, after receiving notice of the objection, the person provides proof satisfactory to that official of the person's entitlement to be registered or makes a solemn declaration as to that entitlement, the person's name is to stay on the register of electors;
(b) if, after receiving notice of the objection, the person does not provide proof of entitlement or make a solemn declaration as to entitlement, that official must remove the person's name from the register of electors;
(c) if that official is unable to contact the person, that official must require the person who made the objection to provide proof satisfactory to that official of the basis of the objection and, if this is done, must remove the name from the register of electors;
(d) if the person who made the objection does not provide satisfactory proof as required by paragraph (c), the name is to stay on the register of electors.
66 (1) A person is qualified to be nominated for office, and to be elected to and hold office, as a member of a local government if at the relevant time the person meets all the following requirements:
(a) the person must be an individual who is, or who will be on general voting day for the election, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a resident of British Columbia, as determined in accordance with section 52, for at least 6 months immediately before the relevant time;
(d) the person must not be disqualified by this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding the office, or be otherwise disqualified by law.
(2) Without limiting subsection (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office as a member of a local government:
(a) a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court;
(b) a person who is disqualified under section 67 as an employee of a local government, except as authorized under that section;
(c) a person who is prohibited from holding elected office
(i) under Division 17 of this Part as it applies to elections or voting on any other matter under this or any other Act, or
(ii) under Division (17) of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that or any other Act;
(d) a person who is disqualified under
section 92 [failure to file disclosure statement],
section 92.4 [disqualification for false or incomplete reports],
section 211 [failure to make oath or attend meetings], or
section 338 [liability for use of money contrary to Act];
(e) a person who is disqualified under any other enactment.
67 (1) For the purposes of this section, "employee" means
(a) an employee or salaried officer of a municipality or regional district, or
(b) a person who is within a class of persons deemed by regulation under section 156 to be employees of a specified municipality or regional district,
but does not include a person who is within a class of persons excepted by regulation under section 156.
(2) Unless the requirements of this section are met, an employee of a municipality is disqualified from being nominated for, being elected to or holding office
(a) as a member of the council of the municipality, or
(b) as a member of the board of the regional district in which the municipality is located.
(3) Unless the requirements of this section are met, an employee of a regional district is disqualified from being nominated for, being elected to or holding office
(a) as a member of the board of the regional district, or
(b) as a member of the council of a municipality, including the City of Vancouver, that is within the regional district.
(4) Before being nominated for an office to which subsection (2) or (3) applies, the employee must give notice in writing to his or her employer of the employee's intention to consent to nomination.
(5) Once notice is given under subsection (4), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,
(a) begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and
(b) ends, as applicable,
(i) if the person is not nominated before the end of the nomination period, on the day after the end of that period,
(ii) if the person withdraws as a candidate in the election, on the day after the withdrawal,
(iii) if the person is declared elected, on the day the person resigns in accordance with subsection (8) or on the last day for taking office before the person is disqualified under section 211 [disqualification for failure to take oath],
(iv) if the person is not declared elected and an application for judicial recount is not made, on the last day on which an application for a judicial recount may be made, or
(v) if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.
(6) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (5).
(7) Sections 54 and 56 of the Employment Standards Act apply to a leave of absence under this section.
(8) Before making the oath of office under section 210, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer.
(9) At the option of the employee, a resignation under subsection (8) may be conditional on the person's election not being declared invalid on an application under section 143.
68 (1) At any one time a person may not hold more than one elected office in the same local government.
(2) At any one time a person may not be nominated for more than one elected office in the same local government.
(3) A current member of a local government may not be nominated for an election under section 37 for another office in the same local government unless the person resigns from office in accordance with section 212 within 14 days after the day on which the chief election officer is appointed.
69 (1) The period for receiving nominations begins at 9 a.m. on the 46th day before general voting day and ends at 4 p.m. on the 36th day before general voting day.
(2) If the first day of the nomination period would otherwise fall on a holiday, the nomination period begins on the next day that is not a holiday.
(3) If the last day of the nomination period would otherwise fall on a holiday, the nomination period ends on the last day before that day that is not a holiday.
70 (1) At least 6 but not more than 30 days before the nomination period begins, the chief election officer must issue a notice of nomination under this section in accordance with section 44.
(2) The notice must include the following information:
(a) the offices for which candidates are to be elected;
(b) the dates, times and places at which nominations will be received;
(c) how interested persons can obtain information on the requirements and procedures for making a nomination;
(d) any other information required to be included by regulation under section 156.
(3) The notice may include any other information the chief election officer considers appropriate.
(4) The chief election officer may provide for additional notice of the call for nominations to be given to the public.
71 (1) A nomination for office as a member of a local government must be made in writing in accordance with section 72 by 2 persons who are electors of the jurisdiction for which the person is nominated.
(2) In the case of a nomination for an office to be filled on a neighbourhood constituency basis, a person making the nomination must also be qualified as a resident elector or non-resident property elector in relation to the area of the neighbourhood constituency.
(3) Each person nominated must be nominated by separate nomination documents, but a person entitled to make a nomination may subscribe to as many nomination documents as there are persons to be elected to fill the office for which the election is being held.
72 (1) A nomination for local government office must be in written form and must include the following:
(a) the full name of the person nominated;
(b) the usual name of the person nominated, if the full name of the person is different from the name the person usually uses and the person wishes to have his or her usual name on the ballot instead;
(c) the office for which the person is nominated;
(d) if applicable, a statement that the person nominated is endorsed by an elector organization in accordance with section 79 and wishes to have the endorsement of this elector organization included on the ballot;
(e) the residential address of the person nominated, and the mailing address if this is different;
(f) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector;
(g) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 66 to be nominated.
(2) A nomination must be accompanied by the following:
(a) a statement signed by the person nominated consenting to the nomination;
(b) a solemn declaration of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered,
(i) that he or she is qualified under section 66 [who may hold office] to be nominated for the office, and
(ii) that, to the best of the person's knowledge, the information provided in the nomination documents is true;
(c) if the person nominated requests under subsection (1) (d) that endorsement by an elector organization be shown on the ballot,
(i) the solemn declaration under section 79, and
(ii) the written consent of the person nominated to the endorsement;
(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.
(3) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.
(4) The chief election officer may require a person nominated to provide a telephone number at which the person may be contacted.
72.1 (1) The local government may, by bylaw, require that a nomination for mayor, councillor or electoral area director be accompanied by a nomination deposit.
(2) The amount of a required nomination deposit may be different for the different offices referred to in subsection (1), but must not be greater than $100.
(3) A nomination deposit must be held by the chief election officer to be dealt with as follows:
(a) if the person nominated is not declared to be a candidate under section 74 [declaration of candidates], the deposit is to be returned to the person or to the financial agent of the person;
(b) if the person nominated files a disclosure statement as required by section 90 or as the requirements of that section are modified by court order under section 91 [court order for relief], the deposit is to be returned to the person or the financial agent of the person;
(c) in other cases, the deposit is forfeited and is to be paid to the local government.
73 (1) In order to make a nomination,
(a) the nomination documents required by section 72, and
(b) if applicable, the nomination deposit required under section 72.1
must be received before the end of the nomination period by the chief election officer or a person designated by the chief election officer for this purpose.
(2) The obligation to ensure that the nomination documents and nomination deposit are received in accordance with this section rests with the person being nominated.
(3) For the purposes of subsection (1), the nomination documents and nomination deposit
(a) must be received at the local government offices during its regular office hours, and
(b) may be received at other times and places as specified by the chief election officer.
(4) Nomination documents may be delivered by hand, by mail or other delivery service or by facsimile transmission with originals to follow.
(5) If the originals of nomination documents delivered by facsimile transmission are not received by the chief election officer by the end of the 29th day before general voting day, the person nominated is deemed to have withdrawn from being a candidate in the election.
(5.1) After receiving nomination documents, the chief election officer must review the list under section 92.3 [disqualification list] to determine whether an application must be made under section 75 (3.2) [challenge required if candidate or organization appears to be disqualified].
(6) Nomination documents delivered to the chief election officer must be available for public inspection in the local government offices during its regular office hours from the time of delivery.
(7) Before inspecting nomination documents, a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the documents or use the information included in them except for the purposes of this Act.
(8) The designated local government officer must ensure that the statements referred to in subsection (7) are kept until after general voting day for the next general local election.
74 (1) Immediately following the end of the nomination period, the chief election officer must declare as candidates for an elected office all persons who have been nominated for the office.
(2) If there are fewer persons declared as candidates than there are to be elected, additional nominations must be received by the chief election officer from the time of the declaration under subsection (1) up until 4 p.m. on the third day after the end of the nomination period.
(3) If reasonably possible, the chief election officer must give notice to the public of an extended time for receiving nominations under subsection (2).
(4) At the end of the time for receiving additional nominations under subsection (2), the chief election officer must declare as candidates for an elected office all additional persons who have been nominated for the office.
75 (1) A nomination may only be challenged by an application to the Provincial Court in accordance with this section.
(2) The time period during which a challenge may be made is between the time of the delivery of the nomination documents in accordance with section 73 and 4 p.m. on the fourth day after the end of the nomination period.
(3) A challenge may be made only by a person who is an elector of the jurisdiction, by another nominee or by the chief election officer.
(3.1) A challenge may only be made on one or more of the following bases:
(a) that the person is not qualified to be nominated or elected;
(b) that the nomination was not made in accordance with sections 71 to 73;
(c) that the usual name given under section 72 (1) (b) in the nomination documents is not in fact the usual name of the person;
(d) that the person is not in fact endorsed by the elector organization named in the nomination documents;
(e) that the named organization is not an elector organization within the meaning of section 79 [endorsement of candidate];
(f) that the named organization is disqualified from endorsing a candidate under
(i) section 92.1 [failing to file disclosure statement] or section 92.5 [false or incomplete reports] of this Act,
(ii) section 64.1 [failing to file disclosure statement] or section 64.4 [false or incomplete reports] of the Vancouver Charter, or
(iii) a section referred to in subparagraph (i) or (ii) as it applies for the purposes of another Act.
(3.2) The chief election officer must commence a challenge under this section if, on a review under section 73 (5.1) [review of disqualification list], it appears to the chief election officer that a person is disqualified from being nominated or that an organization named in the nomination documents is disqualified from endorsing a candidate.
(4) The document filed with the court to commence a challenge must briefly set out the facts on which the challenge is based and must be supported by affidavit as to those facts.
(5) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the court to give its decision on the matter within the time limit set by subsection (7).
(6) The person making a challenge must notify affected persons by
(a) immediately notifying the chief election officer and the person whose nomination is challenged that a challenge will be heard by the court at the time set under subsection (5), and
(b) within 24 hours of filing the document commencing the application, serving on these persons that document, the accompanying affidavit and a notice of the time for the hearing.
(7) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,
(a) confirming the person as a candidate or declaring that the person is no longer a candidate,
(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot, or
(c) declaring that the organization named in the nomination documents is or is not entitled to have its endorsement included on the ballot.
(8) The court may order that the costs of a challenge, within the meaning of the Rules of Court for the Supreme Court, be paid in accordance with the order of the court.
(9) The decision of the court on a challenge under this section is final and may not be appealed.
76 (1) At 4 p.m. on the Monday following the last day for determining a challenge under section 75, the chief election officer must declare the election in accordance with this section.
(2) If there are more candidates for an office than there are to be elected for the office, the chief election officer must declare that an election by voting is to be held.
(3) If no more candidates for an office are nominated than there are to be elected for that office, the chief election officer must declare the candidate or candidates elected by acclamation.
77 (1) At least 6 but not more than 30 days before general voting day for an election by voting under section 76 (2) the chief election officer must issue a notice of election in accordance with section 44.
(2) The notice must include the following information:
(a) the offices for which persons are to be elected;
(b) the usual names and residential addresses of the candidates for each office;
(c) the date of general voting day, the voting places for required general voting opportunities and the voting hours for those places;
(c.1) the documents that will be required in order for a person to register as an elector at the time of voting;
(c.2) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;
(d) if applicable, information required to be included under section 36.1 (6) regarding neighbourhood constituencies or section 103 (5) regarding municipal voting divisions.
(3) The notice may also include any other information the chief election officer considers appropriate.
(4) The chief election officer may provide for additional notice of the election to be given to the public.
(5) For the purposes of including the residential address of a candidate in a notice under this section, an address that indicates the jurisdiction in which the candidate is resident is sufficient.
(6) If requested by a candidate in sufficient time to reasonably have this done, the residential address of the candidate included in a notice under this section must be limited to the jurisdiction in which the candidate is resident.
78 (1) If there are fewer candidates declared elected by acclamation under section 76 than there are to be elected, the local government must appoint a person to each vacant office,
(a) in the case of a general local election, within 30 days after the first meeting of the local government at which the persons elected in the election are holding office, and
(b) in other cases, within 30 days after the first meeting of the local government after the declaration of the election results.
(2) If a local government fails to make an appointment required by subsection (1), or if there is no quorum of the local government able to make the appointment, the minister must appoint a person to each vacant office.
(3) A person appointed under this section
(a) must be qualified under section 66 to hold the office, and
(b) must reside in the municipality, electoral area or neighbourhood constituency, as applicable, at the time of appointment.
(4) A person appointed as a member of a local government under this section or any other provision of this Act has the same rights, duties and powers as a person elected as a member.
(5) An enactment that applies to an elected member of a local government applies to a person appointed under this section in the same manner as if the person had been elected at the election in relation to which the appointment is made.
79 (1) In order for an organization, whether incorporated or unincorporated, to have its endorsement of a candidate included on a ballot, the organization must
(a) have been in existence for at least 60 days immediately before the solemn declaration under subsection (3) is made, and
(b) have had throughout the period referred to in paragraph (a) a membership of at least 50 electors of the municipality or regional district for which the election is being held.
(2) An organization must indicate its endorsement by authorizing a director or other official to make the solemn declaration described in subsection (3).
(3) The solemn declaration of the official of the elector organization must include the following:
(a) a statement that, to the best of the knowledge, information and belief of the official, the elector organization
(i) has been in existence for at least 60 days immediately before the date on which the solemn declaration is made,
(ii) has had throughout the period referred to in subparagraph (i) a membership of at least 50 electors of the municipality or regional district for which the election is being held, and
(iii) has authorized the official to make the solemn declaration;
(b) the name of the candidate endorsed by the elector organization;
(c) the corporate name, if any, of the elector organization, the usual name of the organization and any abbreviations, acronyms and other names used by the elector organization;
(d) a statement as to which name, abbreviation or acronym referred to in paragraph (c) is the one that the elector organization wishes to have included on the ballot;
(e) the name of the director or other official responsible for the financial affairs of the elector organization;
(f) the name of the president, chair or other chief official of the elector organization and an address and telephone number at which this person can be contacted;
(g) any other matter required to be included by regulation under section 156.
(4) The name, abbreviation or acronym referred to in subsection (3) (d) must not
(a) include any matter that is prohibited by section 105 from being included on the ballot, or
(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another elector organization whose endorsement of a candidate appeared on a ballot at the preceding general local election or a later election as to be confusing to the electors.
(5) A solemn declaration under subsection (3) may be made in relation to more than one candidate in an election, but only one elector organization endorsement may be shown on a ballot in relation to a candidate.
(6) An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the 29th day before general voting day,
(a) the elector organization withdraws its endorsement by delivering to the chief election officer by that time
(i) a written withdrawal signed by a director or other official of the elector organization, and
(ii) a solemn declaration of the official signing the withdrawal that, to the best of that person's knowledge, information and belief, the elector organization has authorized the person to make the withdrawal, or
(b) the candidate withdraws the request to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time.
80 (1) At any time up until 4 p.m. on the 29th day before general voting day, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity.
(2) After the time referred to in subsection (1), a candidate may only withdraw by delivering a signed request to withdraw to the chief election officer and receiving the approval of the minister.
(3) For the purposes of subsection (2), the chief election officer must notify the minister of a request to withdraw as soon as reasonably possible after receiving it.
(4) The chief election officer must notify the minister if, between the declaration of an election by voting under section 76 (2) and general voting day for the election,
(a) a candidate dies, or
(b) in the opinion of the chief election officer, a candidate is incapacitated to an extent that will prevent the candidate from holding office.
(5) On approving a withdrawal under subsection (2) or being notified under subsection (4), the minister may order
(a) that the election is to proceed, subject to any conditions specified by the minister, or
(b) that the original election is to be cancelled and that a new election is to be held in accordance with the directions of the minister.
81 (1) A candidate may appoint
(a) one individual to act as official agent of the candidate, to represent the candidate from the time of appointment until the final determination of the election or the validity of the election, as applicable, and
(b) scrutineers, to represent the candidate by observing the conduct of voting and counting proceedings for the election.
(2) An appointment as a candidate representative must
(a) be made in writing and signed by the person making the appointment,
(b) include the name and address of the person appointed, and
(c) be delivered to the chief election officer or a person designated by the chief election officer for this purpose as soon as reasonably possible after the appointment is made.
(3) An appointment as a candidate representative may only be rescinded in the same manner as the appointment was made.
(4) An appointment of an official agent may include a delegation of the authority to appoint scrutineers.
(5) If notice is to be served or otherwise given under this Part to a candidate, it is sufficient if the notice is given to the official agent of the candidate.
82 (1) A candidate representative present at a place where election proceedings are being conducted must
(a) carry a copy of the person's appointment under section 81,
(b) before beginning duties at the place, show the copy of the appointment to the presiding election official or an election official specified by the presiding election official, and
(c) show the copy of the appointment to an election official when requested to do so by the official.
(2) The presiding election official may designate one or more locations at a place where election proceedings are being conducted as locations from which candidate representatives may observe the proceedings and, if this is done, the candidate representatives must remain in those locations.
(3) The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in relation to an election.
83 In this Division:
"campaign contribution" means the amount of any money or the value of any property or services provided, by donation, advance, deposit, discount or otherwise, to a candidate or elector organization for use in an election campaign or towards the election expenses of an election campaign, including the amount of any money provided by a candidate in relation to the person's election campaign;
"disclosure statement" means a disclosure statement under section 90;
"election campaign" means an election campaign within the meaning of section 84;
"election expense" means the value of property and services used in an election campaign by or on behalf of a candidate or by or on behalf of an elector organization,
(a) in relation to an election that is part of a general local election, during the calendar year in which the election is held, and
(b) in relation to another election, after the date of the vacancy for which the election is being held;
"elector organization" means an elector organization that endorses or intends to endorse a candidate within the meaning of section 79;
"late filing period" means the period specified under section 90.2 (a) [30 day late filing period for disclosure statements];
"property" means property or the use of property, as applicable;
"supplementary report" means a supplementary report under section 90.1.
84 (1) In relation to a candidate, an election campaign is a campaign for any of the following purposes in relation to an election, including such a campaign undertaken before the person is nominated or declared a candidate:
(a) to promote the election of the candidate or to oppose the election of another candidate;
(a.1) to promote the selection of the person to be endorsed by an elector organization or to oppose the selection of another person;
(b) to approve of a course of action advocated by the candidate or to disapprove of a course of action advocated by another candidate;
(c) to promote an elector organization or its program or to oppose an elector organization or its program;
(d) to approve of a course of action advocated by an elector organization or to disapprove of a course of action advocated by an elector organization.
(2) In relation to an elector organization, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted in a municipality or regional district at the same time, including such a campaign undertaken before the elector organization endorses a candidate:
(a) to promote the election of a candidate or to oppose the election of a candidate;
(b) to approve of a course of action advocated by a candidate or to disapprove of a course of action advocated by a candidate;
(c) to promote the elector organization or its program or to oppose another elector organization or its program;
(d) to approve of a course of action advocated by the elector organization or to disapprove of a course of action advocated by another elector organization.
85 (1) A candidate may appoint one individual as financial agent, who may also be the official agent of the candidate.
(2) If a financial agent is not appointed for a candidate, the candidate is deemed to be his or her own financial agent.
(3) An elector organization must appoint one individual as financial agent.
(4) An appointment of a financial agent must
(a) be made in writing and signed by the candidate or authorized official of the elector organization, as applicable,
(b) include the name and address of the person appointed, and
(c) be delivered to the chief election officer, or a person designated by the chief election officer for this purpose, as soon as reasonably possible after the appointment is made or the chief election officer is appointed, whichever occurs later.
(5) An appointment under this section may only be rescinded in the same manner as the appointment was made.
85.1 The financial agent must
(a) open one or more campaign accounts at a savings institution, exclusively for the purposes of the election campaign and in the name of the candidate's or elector organization's election campaign, as applicable,
(b) ensure that all campaign contributions of money are deposited into the campaign accounts, and
(c) ensure that all payments for election expenses are made from the campaign accounts.
86 (1) A candidate or elector organization must not accept campaign contributions or incur election expenses except through the financial agent or a person authorized by the financial agent.
(2) A person must not accept a campaign contribution that the person has reason to believe is made in contravention of this Division.
87 (1) A person or unincorporated organization must not do any of the following:
(a) make a campaign contribution to a candidate or elector organization except by making it to the financial agent or a person authorized by the financial agent;
(b) make an anonymous campaign contribution that has a value of more than $50;
(c) make a number of anonymous campaign contributions to the same candidate for the election campaign if, in total, the campaign contributions would be equal in value to more than $50;
(d) make a number of anonymous campaign contributions to the same elector organization in relation to one or more elections that are conducted at the same time in a regional district or municipality if, in total, the campaign contributions would be equal in value to more than $50;
(e) make a campaign contribution indirectly by giving the money, property or services to a person or unincorporated organization for that person or organization to make as a campaign contribution.
(2) If a candidate or elector organization is given an anonymous campaign contribution that exceeds the limit established by subsection (1), the candidate or elector organization must give the campaign contribution to the municipality or regional district for which the election is being held for the use of that municipality or regional district in the discretion of its local government.
88 (1) For the purposes of complying with the reporting requirements of this Division, a financial agent must record the following for each campaign contribution made to the candidate or elector organization for whom the financial agent is acting:
(a) the value of the contribution;
(b) the date on which the contribution was made;
(c) the full name and address of the contributor, unless it is an anonymous contribution;
(d) the class of the contributor as described in subsection (3);
(e) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least 2 individuals
(i) who are directors of the organization, or
(ii) if there are no individual directors, who are principal officers or principal members of the organization.
(2) Subsection (1) does not apply to campaign contributions of services referred to in section 89 (2) [services deemed to have nil value].
(3) Contributors must be classified as follows:
(a) individuals;
(b) corporations;
(c) unincorporated organizations engaged in business or commercial activity;
(d) trade unions;
(e) non-profit organizations;
(f) other contributors.
(4) The financial agent must maintain records of election expenses sufficient to meet the requirements of this Division.
(5) The records required by this section must be retained by the financial agent, candidate or elector organization until 7 years after general voting day for the election to which they relate.
89 (1) Unless otherwise provided, the value of property or services used by or provided to a candidate or elector organization is
(a) the actual amount paid or to be paid, if this is equal to or greater than the fair market value of the property or use of the property or of the services, or
(b) the fair market value of the property or the use of the property or of the services, if no price is paid or to be paid or if the price is less than the fair market value.
(2) The value of the following services is deemed to be nil:
(a) services provided by a volunteer within the meaning of subsection (3);
(b) services provided by a financial agent to comply with the requirements of this Part;
(c) professional services provided to comply with the requirements of this Part;
(d) free election advertising space provided to a candidate or elector organization in a periodical publication if the advertising space is made available on an equitable basis to all other candidates.
(3) A volunteer is an individual who provides services for no remuneration or material benefit, but does not include
(a) an individual who is self-employed if the services provided are normally sold or otherwise charged for by the individual, or
(b) an individual if the employer of the individual makes the services available at the employer's expense.
(4) If a person provides property or services to a candidate or elector organization for use in an election campaign at less than the fair market value of the property or services, the person is deemed to have made a campaign contribution of the difference between the fair market value and the amount charged.
(5) If a debt owed by a candidate or elector organization for an election expense remains unpaid 6 months or more after becoming due, the amount due is deemed to be a campaign contribution unless the creditor has commenced legal proceedings to recover the debt.
89.1 (1) This section applies if, after the election and after the payment of a candidate's election expenses and any other reasonable expenses incidental to the candidate's election campaign, there is a balance remaining in an account referred to in section 85.1 [campaign accounts] for the candidate.
(2) If the candidate made campaign contributions in relation to his or her election campaign, the financial agent may refund the campaign contributions to the candidate, to the extent that the total balance in the accounts permits this.
(3) If, after any refund under subsection (2), the total balance in the accounts is less than $500, the financial agent may pay the balance to the candidate or in accordance with the directions of the candidate.
(4) If, after any refund under subsection (2), the total balance in the accounts is $500 or more, the financial agent of the candidate must pay the balance as soon as practicable to the municipality or regional district for which the election was held.
(5) Funds received by a municipality or regional district under subsection (4), including accumulated interest, must be held in trust by the municipality or regional district to be dealt with as follows:
(a) if the person in respect of whom they were paid is a candidate within the meaning of section 74 [declaration of candidates] in an election for the municipality or regional district in the next general local election or in a by-election called before that time, the municipality or regional district must pay the funds to the financial agent of the candidate for use in the election;
(b) if the funds are not paid out under paragraph (a), the funds cease to be trust funds and become part of the general revenue of the municipality or regional district.
90 (1) Within 120 days after general voting day for an election, the financial agent of
(a) each person who was declared to be a candidate under section 74, and
(b) each elector organization
must file with the designated local government officer a disclosure statement in accordance with this section.
(2) The candidate or elector organization must ensure that the financial agent files a disclosure statement in accordance with this section.
(3) For certainty, a disclosure statement is required even if the candidate receives no campaign contributions, incurs no election expenses, is acclaimed, dies, withdraws from the election or is declared by a court to no longer be a candidate.
(4) A disclosure statement must include the following in relation to the election campaign of the candidate or elector organization:
(a) the total amount of campaign contributions;
(b) for each person or unincorporated organization who made a campaign contribution of $100 or more, the information referred to in section 88 (1) (a) to (e) [records of contributions] other than the address of an individual;
(c) for each anonymous campaign contribution that was given to the municipality or regional district under section 87 (2), the information referred to in section 88 (1) (a) and (b) [records of contributions];
(d) for contributions not referred to in paragraph (b) or (c), the total value of the campaign contributions received and the total number of contributors from whom they were received;
(e) the total amount of election expenses;
(f) the total amount of election expenses in each class prescribed by regulation under section 156;
(g) any transfers received from the municipality or regional district under section 89.1 (5) (a) [transfer of candidate's surplus election funds];
(h) any balance for a candidate as referred to in section 89.1 (1) [candidate's surplus election funds], or any equivalent deficit, on the day the report is prepared;
(i) if there was a surplus as referred to in section 89.1 (1) [candidate's surplus election funds], how that surplus was dealt with;
(j) any other information required by regulation under section 156.
(5) For the purposes of this section, if a person or unincorporated organization makes more than one campaign contribution to a candidate or elector organization, the person or organization is deemed to have made a single campaign contribution in an amount equal to the total value of the actual campaign contributions.
(6) The disclosure statement must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 79 (3) (f) [chief official of organization] that, to the best of the knowledge, information and belief of the person making the declaration,
(a) the disclosure statement completely and accurately discloses the required information, and
(b) the requirements of this Division have been met in relation to the election campaign of the candidate or elector organization, as applicable.
90.1 (1) A supplementary report must be filed with the designated local government officer within 30 days after the financial agent, or the candidate or elector organization for whom a disclosure statement was filed, becomes aware that
(a) any of the information reported in the disclosure statement has changed, or
(b) the disclosure statement did not completely and accurately disclose the information required to be included in the disclosure statement.
(2) A supplementary report under this section must
(a) report the new information in accordance with the requirements of section 90 [disclosure statements], and
(b) state the circumstances that have led to the filing of the report.
(3) A supplementary report under this section must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 79 (3) (f) [chief official of organization] that, to the best of the knowledge, information and belief of the person making the declaration,
(a) the report completely and accurately discloses the required information, and
(b) the requirements of this Division have been met in relation to the election campaign of the candidate or elector organization, as applicable.
90.2 The disqualifications under sections 92 [candidate disqualification for failure to file disclosure statement] and 92.1 [elector organization disqualification for failure to file disclosure statement] do not apply in the following circumstances:
(a) if the disclosure statement is filed within 30 days after the time period established by section 90 (1) [duty to file disclosure statement] and a late filing penalty of $500 is paid to the municipality or regional district;
(b) if an order under section 91 relieves the candidate or elector organization from the obligation to file the disclosure statement;
(c) if
(i) an order under section 91 does not relieve the candidate or elector organization from the obligation to file the disclosure statement but does provide other relief, and
(ii) the disclosure statement complies with the order and is filed by the end of the late filing period under paragraph (a) or the time set for filing by the order, as applicable.
91 (1) A candidate or elector organization may apply to the Supreme Court in accordance with this section for relief from an obligation to file a disclosure statement or supplementary report.
(2) An application in relation to a disclosure statement must be made before the end of the late filing period, but an application in relation to a supplementary report may be made at any time.
(3) No later than 7 days after a petition commencing an application is filed in the court registry, it must be served on the municipality or regional district in relation to which the election was held.
(4) No later than 14 days after the petition is filed, the applicant must apply to have the matter set down for hearing by the Supreme Court and the date set by the court for hearing must be no later than 28 days after the petition is filed.
(5) On the hearing of an application, the court may do the following:
(a) relieve the candidate or elector organization
(i) from the obligation to file the disclosure statement or supplementary report, or
(ii) from specified obligations in relation to the statement or report,
if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;
(b) grant an extension of the time for filing if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;
(c) make any additional order the court considers appropriate to secure compliance with this Division to the extent the court considers reasonable in the circumstances;
(d) refuse to grant an extension or other relief.
(6) If the court grants an extension under subsection (5) (b) for a disclosure statement, the order must specify whether the penalty referred to in section 90.2 (a) [late filing period] must be paid in order for the statement to be filed.
92 (1) Unless a court order under section 91 [court order for relief] relieves the candidate from the obligation to file a disclosure statement, a candidate for whom the disclosure statement is not filed before the end of the late filing period is subject to the following penalties:
(a) in the case of a candidate who is declared elected, at the applicable time under subsection (2) the council member ceases to hold office and the seat of the member becomes vacant;
(b) in all cases, from the applicable time under subsection (2) the person is disqualified from being nominated for, elected to or holding office on a local government, the council of the City of Vancouver or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election.
(2) The time at which a candidate becomes subject to the penalties under subsection (1) is as follows:
(a) if no application under section 91 is commenced, at the end of the late filing period;
(b) if an application under section 91 is commenced but the matter is not set for hearing in accordance with section 91 (4), 15 days after the petition was filed;
(c) if, on an application under section 91, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;
(d) if, on an application under section 91, the Supreme Court grants relief but the candidate does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.
(3) If a person who is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalties under this section.
(4) On the final determination of an appeal, if the court relieves the candidate from the obligation to file the disclosure statement, or grants other relief and the candidate complies with the court order,
(a) if the term of office for which the candidate was elected has not ended,
(i) the candidate is entitled to take office for any unexpired part of the term, and
(ii) if the candidate exercises this right, any person currently holding the office ceases to hold office, and
(b) the candidate is entitled to be elected at any following election if otherwise qualified.
92.1 (1) Unless a court order under section 91 [court order for relief] relieves the elector organization from the obligation to file a disclosure statement, an elector organization for whom the disclosure statement is not filed before the end of the late filing period is disqualified from endorsing a candidate under section 79 of this Act, section 51 of the Vancouver Charter, or those sections as they apply for the purposes of another Act, until after the next general local election.
(2) The time at which an elector organization becomes subject to the penalty under subsection (1) is as follows:
(a) if no application under section 91 is commenced, at the end of the late filing period;
(b) if an application under section 91 is commenced but the matter is not set for hearing in accordance with section 91 (4), 15 days after the petition was filed;
(c) if, on an application under section 91, the Supreme Court refuses to grant relief from the obligation to file the disclosure statement, at the time of that decision;
(d) if, on an application under section 91, the Supreme Court grants relief but the elector organization does not comply with the court order, at the end of the late filing period or at the time set for filing by the order, as applicable.
(3) If an elector organization that is subject to subsection (2) (c) or (d) appeals the decision of the Supreme Court, the appeal does not operate to stay the penalty under this section.
92.2 (1) Reports respecting the following must be presented at an open meeting of the local government of the municipality or regional district in relation to which the election was held:
(a) the name of any candidate or elector organization for whom a disclosure statement is not filed within the time period under section 90 (1) [duty to file disclosure statement];
(b) the name of any candidate or elector organization for whom a disclosure statement is not filed by the end of the late filing period;
(c) the name of any candidate who is subject to a penalty under section 92 [candidate disqualification for failure to file] or any elector organization that is subject to a penalty under section 92.1 [organization disqualification for failure to file].
(2) A report under subsection (1) must be presented as soon as practicable after the local government officer assigned responsibility under section 198 [corporate administration] becomes aware of the applicable circumstances referred to in that subsection.
(3) The local government officer assigned responsibility under section 198 [corporate administration] must send to the inspector a copy of any report under subsection (1) (c), together with a copy of the nomination under section 72 (1) for the candidate or a copy of the solemn declaration under section 79 (2) [endorsement declaration] for the elector organization, as applicable.
92.3 The inspector must have available for public inspection a list of the individuals and organizations identified in a report under
(a) section 92.2 (3) [report to inspector respecting disqualification for failure to file disclosure statement],
(b) section 64.2 (3) of the Vancouver Charter, or
(c) a section referred to in paragraph (a) or (b) as it applies for the purposes of another Act.
92.4 (1) Subject to subsection (3), if
(a) a disclosure statement for a candidate does not comply with the requirements of section 90 (4), subject to any relief in relation to those requirements provided by court order under section 91, or
(b) a supplementary report for a candidate does not comply with the requirements of section 90.1 (2), subject to any relief in relation to those requirements provided by court order under section 91,
the candidate is disqualified from being nominated for, elected to or holding office on a local government, the council of the City of Vancouver or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election.
(2) For certainty, if a candidate is disqualified by reason of subsection (1) (a), the filing of a supplementary report does not relieve the candidate from the disqualification.
(3) A candidate is not disqualified under subsection (1) if he or she exercised due diligence to ensure that the applicable requirements were met.
92.5 (1) Subject to subsection (3), if
(a) a disclosure statement for an elector organization does not comply with the requirements of section 90 (4), subject to any relief in relation to those requirements provided by court order under section 91, or
(b) a supplementary report for an elector organization does not comply with the requirements of section 90.1 (2), subject to any relief in relation to those requirements provided by court order under section 91,
the elector organization is disqualified from endorsing a candidate under section 79 of this Act or section 51 of the Vancouver Charter, or those sections as they apply for the purposes of another Act, until after the next general local election.
(2) For certainty, if an elector organization is disqualified by reason of subsection (1) (a), the filing of a supplementary report does not relieve the elector organization from the disqualification.
(3) An elector organization is not disqualified under subsection (1) if its financial agent exercised due diligence to ensure that the applicable requirements were met.
93 (1) The disclosure statements and signed declarations under section 90 and the supplementary reports and signed declarations under section 90.1 must be available for public inspection in the local government offices during its regular office hours from the time of filing until 7 years after general voting day for the election to which they relate.
(2) Before inspecting a document referred to in subsection (1), a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the document or use the information in it except for the purposes of this Part.
94 An elector who meets the applicable qualifications may vote in an election at one of the following voting opportunities:
(a) on general voting day at a required general voting opportunity or at an additional general voting opportunity, if any;
(b) at a required advance voting opportunity or at an additional advance voting opportunity, if any;
(c) at a special voting opportunity, if any;
(d) by mail ballot, if this is available for the jurisdiction.
95 (1) As soon as reasonably possible after the declaration of an election by voting, the chief election officer must designate voting places for general voting day.
(2) If neighbourhood constituencies or municipal voting divisions are established, the chief election officer must specify which of the voting places under subsection (1) is to be used on general voting day for each neighbourhood constituency or municipal voting division.
(3) The voting places under subsection (1) must be open on general voting day from 8 a.m. to 8 p.m. to all electors entitled to vote, subject to the restrictions regarding where a person may vote if municipal voting divisions or neighbourhood constituencies are established.
96 (1) A local government may, by bylaw,
(a) establish or authorize the chief election officer to establish additional voting opportunities for general voting day, and
(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.
(2) As a limit on subsection (1), the voting hours established for an additional general voting opportunity must not extend later than 8 p.m. on general voting day.
(3) The chief election officer must give notice of an additional general voting opportunity in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
97 (1) In order to vote at an advance voting opportunity, an elector must come within at least one of the following circumstances:
(a) the elector expects to be absent from the municipality or regional district electoral area for which the election is to be held on general voting day;
(b) the elector will be unable to vote on general voting day for reasons of conscience;
(c) the elector will not be able to attend at a voting place on general voting day for reasons beyond the elector's control;
(d) the elector has a physical disability or is a person whose mobility is impaired;
(e) the elector is a candidate or candidate representative;
(f) the elector is an election official.
(2) At least 2 advance voting opportunities must be held for an election by voting,
(a) one on the 10th day before general voting day, and
(b) the other on another date which the local government must establish by bylaw.
(3) As an exception to subsection (2) in relation to a jurisdiction with a population of 5 000 or less, the local government may, by bylaw, provide that the advance voting opportunity referred to in subsection (2) (b) is not to be held for the jurisdiction.
(4) Voting hours for the required advance voting opportunities must be from 8 a.m. to 8 p.m.
(5) As soon as reasonably possible after the declaration of an election by voting, the chief election officer must designate voting places for the required advance voting opportunities.
(6) At least 6 but not more than 30 days before a required advance voting opportunity, the chief election officer must give notice in accordance with section 44 [public notices] of
(a) the date, location of the voting places and voting hours for the voting opportunity,
(b) the documents that will be required in order for a person to register as an elector at the time of voting, and
(c) the place where persons may apply on an advance voting day for non-resident property elector certificates required in order to register at the time of voting.
98 (1) A local government may, by bylaw,
(a) establish or authorize the chief election officer to establish dates for additional voting opportunities in advance of general voting day, and
(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.
(2) In order to vote at an additional advance voting opportunity, a person must come within at least one of the circumstances referred to in section 97 (1).
(3) The chief election officer must give notice of an additional advance voting opportunity in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
99 (1) In order to give electors who may otherwise be unable to vote an opportunity to do so, a local government may, by bylaw, establish one or more special voting opportunities under this section.
(2) A bylaw under subsection (1) may do one or more of the following for each special voting opportunity:
(a) for the purpose referred to in subsection (1), establish restrictions on persons who may vote at the special voting opportunity;
(b) establish procedures for voting and for conducting the voting proceedings that differ from those established under other provisions of this Part;
(c) limit, or authorize the chief election officer to limit, the number of candidate representatives who may be present at the special voting opportunity;
(d) establish, or authorize the chief election officer to establish, the date and voting hours when and the place where the special voting opportunity is to be conducted.
(3) At least one candidate representative is entitled to be present at a special voting opportunity for the election, with that candidate representative chosen by agreement of the candidates for that election or, failing such agreement, by the chief election officer.
(4) The voting hours established under subsection (2) (d) for a special voting opportunity must not extend later than 8 p.m. on general voting day.
(5) A special voting opportunity may be conducted at a location outside the boundaries of the jurisdiction.
(6) The chief election officer must give notice of a special voting opportunity in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote at it.
(7) The notice of a special voting opportunity must include the following:
(a) the date, the location and the voting hours for the special voting opportunity;
(b) any restrictions on who may vote at the special voting opportunity;
(c) any special procedures involved.
100 (1) Subject to this section and any regulations under section 156, a local government may, by bylaw, permit voting to be done by mail ballot and, in relation to this, may permit elector registration to be done in conjunction with this voting.
(2) For a municipality, the only electors who may vote by mail ballot are persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity.
(3) For a regional district, the only electors who may be permitted to vote by mail ballot are
(a) persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity, and
(b) if areas are specified for this purpose in the bylaw under subsection (1), persons who reside in a specified area of the jurisdiction for which the election is being held that is remote from voting places at which they are entitled to vote.
(4) A bylaw under subsection (1) may
(a) establish procedures for voting and registration that differ from those established under other provisions of this Part, and
(b) establish, or authorize the chief election officer to establish, time limits in relation to voting by mail ballot.
(5) The chief election officer must give notice of an opportunity to vote by mail ballot in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote by this means.
(6) The procedures for voting by mail ballot must require the chief election officer to keep sufficient records so that challenges of an elector's right to vote may be made in accordance with the intent of section 116.
(7) Mail ballot packages must contain the following:
(a) the ballot or ballots to which an elector is entitled;
(b) a secrecy envelope that has no identifying marks, in which the ballots are to be returned;
(c) a certification envelope on which is printed the information referred to in subsection (8) for completion by the person voting, in which the secrecy envelope is to be placed;
(d) an outer envelope on which is printed the address of the chief election officer at the local government offices and in which the envelopes under paragraphs (b) and (c) and, if applicable, the registration application under paragraph (e) are to be returned;
(e) if permitted by the bylaw under subsection (1), an application for registration as an elector, to be completed if necessary and returned in the outer envelope;
(f) instructions as to how to vote by mail ballot.
(8) The certification envelope must be printed
(a) with spaces in which the person voting is to record his or her full name and residential address, and
(b) with a statement to be signed by the person voting declaring that the person
(i) is entitled to be registered as an elector for the election,
(ii) is entitled to vote by mail ballot, and
(iii) has not previously voted in the election and will not afterwards vote again in the election.
(9) In order to be counted for an election, a mail ballot must be received by the chief election officer before the close of voting on general voting day and it is the obligation of the person applying to vote by mail ballot to ensure that the mail ballot is received by the chief election officer within this time limit.
101 (1) So far as reasonably possible, voting places must be easily accessible to persons who have a physical disability or whose mobility is impaired.
(2) A voting place for a required general voting opportunity must not be outside the boundaries of the jurisdiction unless one of the following circumstances applies:
(a) at least one voting place for that voting opportunity is within the boundaries;
(b) there are no facilities as described in subsection (1) available within the boundaries or there are facilities outside the boundaries that are more accessible as described in that subsection;
(c) the chief election officer considers that the location will be more convenient for a majority of electors of the jurisdiction.
(3) A voting place for an additional general voting opportunity or for an advance voting opportunity may be outside the boundaries of the jurisdiction.
102 (1) A local government may, by bylaw, provide for the use of automated voting machines, voting recorders or other devices for voting in an election, subject to any requirements, limits and conditions established by regulation under section 156.
(2) A bylaw under subsection (1) must include the following:
(a) procedures for how to vote, to be used in place of those established by section 119;
(b) the form of ballot, if this is to be different from the form of ballot otherwise required by this Act;
(c) procedures, rules and requirements regarding the counting of votes, if these are to be different from those established by Division 13 of this Part.
(3) If a bylaw under subsection (1) includes only provisions referred to in subsection (2), to the extent there is an inconsistency between the procedures, rules and requirements established by the bylaw and the procedures, rules and requirements established by or under this Part, the bylaw prevails.
(4) If a bylaw under subsection (1) includes provisions other than those referred to in subsection (2) and is approved by the minister, to the extent that there is an inconsistency between the procedures, rules and requirements established by the bylaw and the procedures, rules and requirements established by or under this Part, the bylaw prevails.
103 (1) A council may, by bylaw,
(a) establish municipal voting divisions, or
(b) authorize the designated municipal officer or chief election officer to establish municipal voting divisions.
(2) The authority under subsection (1) is subject to any requirements, limits and conditions established by regulation under section 156.
(3) Subject to subsection (4), if municipal voting divisions are established,
(a) electors who reside in a municipal voting division, and
(b) electors who are non-resident property electors in relation to property within the voting division
may vote on general voting day only at the voting place specified for that voting division.
(4) The restriction under subsection (3) does not apply to voting at an additional general voting opportunity or a special voting opportunity.
(5) The notice of election under section 77 must include the following additional information if municipal voting divisions are established:
(a) that municipal voting divisions will be used in the election;
(b) that electors residing in a municipal voting division or who are non-resident property electors in relation to property within that voting division will be entitled to vote on general voting day only at the voting place specified for the voting division unless they are voting at an additional general voting opportunity or a special voting opportunity, if any is offered;
(c) either
(i) the boundaries of each municipal voting division and the voting place for each division, or
(ii) how electors can obtain information as to where they are entitled to vote on general voting day.
(6) The chief election officer may provide additional notice to electors in a municipal voting division of the voting place where they are entitled to vote.
104 (1) The chief election officer must establish the form of ballots to be used in an election.
(2) Without limiting subsection (1), the chief election officer may do either or both of the following:
(a) determine that composite ballots are to be used, on which an elector's votes on 2 or more elections may be indicated;
(b) determine that ballots are to be in the form of a ballot set, in which ballots for more than one election are packaged together.
105 (1) A ballot for an election must include the following:
(a) instructions as to the number of candidates to be elected to the office;
(b) instructions as to the appropriate mark to make a valid vote for a candidate;
(c) the full name of each candidate or, if a candidate specified a different usual name in the nomination documents, this usual name;
(d) if applicable, the name, abbreviation or acronym of the endorsing elector organization for a candidate, as shown on the nomination documents for the candidate.
(2) As an exception to subsection (1) (d), if the name, abbreviation or acronym referred to in that paragraph is too long to be reasonably accommodated on the ballot, the chief election officer may, after consulting with a director or other official of the elector organization, use a shorter name, abbreviation or acronym that, in the opinion of the chief election officer, identifies the elector organization.
(3) A ballot for an election must not include any of the following:
(a) an indication that a candidate is holding or has held an elected office;
(b) a candidate's occupation;
(c) an indication of a title, honour, degree or decoration received or held by a candidate.
106 (1) Unless a bylaw under section 107 is adopted,
(a) the names of the candidates must be arranged alphabetically by their surnames, and
(b) if 2 or more candidates have the same surname, the names of those candidates must be arranged alphabetically in order of their first given names.
(2) If 2 or more candidates
(a) have the same surnames and given names, or
(b) have names so similar that, in the opinion of the chief election officer, they are likely to cause confusion,
the chief election officer, after receiving the approval of these candidates, may include on the ballot additional information to assist the electors to identify the candidates, subject to the restrictions under section 105 (3).
(3) The chief election officer's decision on the order of names on a ballot is final.
107 (1) A local government may, by bylaw, permit the order of names on a ballot to be determined by lot in accordance with this section.
(2) The chief election officer must notify all candidates as to the date, time and place when the determination is to be made.
(3) The only persons who may be present at the determination are the candidates, or their official agents, and any other persons permitted to be present by the chief election officer.
(4) The procedure for the determination is to be as follows:
(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;
(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;
(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;
(d) the chief election officer is to direct a person who is not a candidate or candidate representative to withdraw the papers one at a time;
(e) the name on the first paper drawn is to be the first name on the ballot, the name on the second paper is to be the second, and so on until the placing of all candidates' names on the ballot has been determined.
108 (1) Ballot boxes for an election may be any box or other appropriate receptacle that is constructed so that ballots can be inserted but not withdrawn unless the ballot box is opened.
(2) Separate ballot boxes must be used for each of the following:
(a) ballots used to vote at required general voting opportunities;
(b) ballots used to vote at additional general voting opportunities;
(c) ballots used to vote at advance voting opportunities;
(d) ballots used to vote at special voting opportunities;
(e) mail ballots used to vote.
(3) A ballot box used at one type of voting opportunity referred to in subsection (2) (a) to (e) may be used again at another voting opportunity of the same type.
109 (1) A presiding election official and at least one other election official must be present at all times at each voting place during voting hours, except during a suspension of voting under section 122.
(2) If an election official does not attend at a voting place as expected, the presiding election official may appoint a person as an election official in the missing person's place, whether or not this authority has already been given by or under this Part.
110 (1) Except as provided in this section, a person must not be present at a voting place while voting proceedings are being conducted.
(2) The following persons may be present at a voting place while voting proceedings are being conducted:
(a) persons who are present for the purpose of voting and persons in the care of those persons;
(b) persons assisting under section 48 or 121;
(c) election officials;
(d) the official agent of a candidate in the election and, for each ballot box in use at that time for receiving ballots for that election, one scrutineer for each candidate, unless a bylaw under subsection (3) permits more to be present;
(e) other persons permitted to be present by the presiding election official.
(3) A local government may, by bylaw, permit more than one scrutineer for each candidate to be present for each ballot box in use at a voting place while voting proceedings are being conducted, subject to any restrictions and conditions specified in the bylaw.
(4) Other than for the purpose of voting, a candidate must not be present at a voting place or special voting opportunity while voting proceedings are being conducted.
(5) Other than a person attending to vote, a person in the care of a person attending to vote or a peace officer assisting the presiding election official under section 46, each person present at a voting place while voting proceedings are being conducted and each candidate representative present at a special voting opportunity must make a solemn declaration to preserve the secrecy of the ballot in accordance with section 113.
111 (1) Before a ballot box is used for ballots, the presiding election official, in the presence of at least one witness, must inspect the ballot box to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal.
(2) After a ballot box is used for ballots, the presiding election official must seal it at the following times in a manner to prevent the addition or withdrawal of ballots:
(a) at the close of voting at a voting opportunity;
(b) between each addition of mail ballots;
(c) if the ballot box becomes full while voting proceedings are being conducted;
(d) if voting proceedings are suspended under section 122 or adjourned under section 47.
(3) In addition to sealing by the presiding election official, candidate representatives are entitled to add their seals for the purposes of this section.
(4) Unless it is to be used again in accordance with section 108 (3), a ballot box that has been sealed under this section must remain sealed and unopened until the ballots are to be counted under Division 13 of this Part.
(5) Before a ballot box sealed under subsection (2) is to be used again in the election, the presiding election official must remove the seal in the presence of at least one witness.
112 (1) If the start of voting at a place, as set by or under this Part, is delayed and the presiding election official considers that a significant number of electors would not be able to vote without an extension under this section, that election official may extend the time for the close of the voting but the extension must not permit voting for a longer length of time than would have been permitted had voting not been delayed.
(2) If, at the time set by or under this Part for the close of voting at a place, there are electors waiting in or in line outside the place in order to vote, those electors are entitled to vote and the ballot box must remain unsealed until their ballots are deposited.
(3) No electors other than those referred to in subsection (2) are entitled to vote after the end of the set closing time.
(4) The decision of the presiding election official as to who is or who is not entitled to vote under subsection (2) is final and may not be the basis of an application under section 143.
(5) The presiding election official must notify the chief election officer as soon as possible of any extension of voting under this section.
113 (1) Voting at an election must be by secret ballot.
(2) Each person present at a place at which an elector exercises the right to vote, including persons present to vote, and each person present at the counting of the vote must preserve the secrecy of the ballot and, in particular, must not do any of the following:
(a) interfere with a person who is marking a ballot;
(b) attempt to discover how another person voted;
(c) communicate information regarding how another person voted or marked a ballot;
(d) induce a person, directly or indirectly, to show a ballot in a way that reveals how the person voted.
(3) The chief election officer must ensure that each voting place has at least one area that is arranged in such a manner that electors may mark their ballots screened from observation by others and without interference.
(4) An elector may not be required in any legal proceedings to reveal how he or she voted in an election.
114 (1) A person must not vote more than once in the same election.
(2) For the purpose of ensuring compliance with subsection (1), the presiding election official must ensure that a record is maintained of all persons who receive ballots at the voting proceedings for which the presiding election official is responsible.
115 (1) A person must meet the following basic requirements in order to obtain a ballot:
(a) if the person is not shown on the list of registered electors as having registered in advance, the person must register in accordance with section 57 or 57.1;
(b) if the person is shown on the list of registered electors as having registered in advance, the person must sign a written declaration that he or she
(i) is entitled to vote in the election, and
(ii) has not voted before in the same election;
(c) the person must sign the list of registered electors or the voting book, as directed by the presiding election official, giving
(i) the person's name,
(ii) the person's present residential address, and
(iii) if the person is a non-resident property elector, the address of the real property in relation to which the person is voting.
(2) As applicable, the following additional requirements must be met in order to obtain a ballot:
(a) at an advance voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;
(b) at a special voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;
(c) if the person is challenged under section 116, the person must also meet the requirements of subsection (3) of that section;
(d) if it appears that another person has already voted in that person's name, the person must also meet the requirements of section 117 (2);
(e) if the person requires assistance to mark the ballot, the requirements of section 121 (3) must also be met.
(3) Once the requirements of subsections (1) and (2) have been met, the election official must give the elector the ballot or ballots to which that elector is entitled.
(4) A person who does not meet the requirements of subsections (1) and (2) is not entitled to vote and must not be given a ballot.
(5) A voting book or list of registered electors may be prepared in such a manner that all the applicable requirements of subsection (1) or (2), or both, may be met by entries on the voting book or list of registered electors.
116 (1) A person's right to vote may be challenged in accordance with this section at any time during the procedures under section 115 (1) and (2) to obtain a ballot up until the time the person receives the ballot.
(2) A challenge may be made
(a) only in person by an election official, a candidate representative or an elector of the jurisdiction, and
(b) only on the basis that the person proposing to vote
(i) is not entitled to vote, or
(ii) has contravened section 151 (3).
(3) In order to receive a ballot, a person whose right to vote has been challenged must either
(a) provide evidence satisfactory to the presiding election official that the person is entitled to vote, or
(b) make a solemn declaration before the presiding election official as to the person's entitlement to vote.
(4) The solemn declaration required by subsection (3) (b) must state that the person
(a) meets all the qualifications to be registered as an elector of the jurisdiction,
(b) is either registered as an elector of that jurisdiction or is applying at this time to be registered,
(c) is in fact the person under whose name the person is registered or registering as an elector,
(d) has not contravened section 151, and
(e) has not voted before in the same election and will not vote again in the same election.
(5) The presiding election official must keep a record indicating
(a) that the person was challenged,
(b) the name of the person who made the challenge, and
(c) how the person challenged satisfied the requirement of subsection (3).
117 (1) This section applies if an elector meets the requirements of section 115 but the voting book or list of registered electors indicates that another person has already voted using the name of the elector.
(2) In order to obtain a ballot, the person asserting the right to vote as the named elector must either
(a) provide evidence satisfactory to the presiding election official that the person is the named elector, or
(b) make a solemn declaration described in section 116 (4) as to the person's entitlement to vote as the named elector.
(3) The presiding election official must keep a record indicating
(a) that a second ballot was issued in the name of the elector, and
(b) any challenge under section 116 of the person who obtained the second ballot.
118 (1) If an elector unintentionally spoils a ballot before it is deposited in a ballot box, the elector may obtain a replacement ballot by giving the spoiled ballot to the presiding election official.
(2) The presiding election official must immediately mark as spoiled a ballot replaced under subsection (1) and retain the spoiled ballot for return to the chief election officer.
119 (1) After receiving a ballot, an elector must
(a) proceed without delay to a voting compartment provided,
(b) while the ballot is screened from observation, mark it by making a cross in the blank space opposite the name of the candidate or candidates for whom the elector wishes to vote,
(c) fold the ballot to conceal all marks made on it by the elector,
(d) leave the voting compartment without delay,
(e) deposit the ballot in the appropriate sealed ballot box, and
(f) leave the voting place without delay.
(2) An election official may and, if requested by the elector, must explain to an elector the proper method for voting by ballot.
120 (1) While an elector is in a voting compartment to mark a ballot, no other person may observe or be in a position to observe the ballot being marked.
(2) As exceptions to subsection (1),
(a) a person assisting an elector under section 121 may be present with the elector, and
(b) if the presiding election official permits, a person who is in the care of an elector may be present with the elector.
121 (1) This section applies to electors who are unable to mark a ballot because of physical disability or difficulties with reading or writing.
(2) An elector referred to in subsection (1) may be assisted in voting by an election official or by a person accompanying the elector.
(3) In order to receive a ballot to be marked under this section, the following requirements must be met:
(a) the person assisting must sign a written statement giving
(i) the assisting person's name and residential address,
(ii) the name and residential address of the elector being assisted, and
(iii) if the elector being assisted is a non-resident property elector, the address of the real property in relation to which the elector is voting;
(b) a person who is not an election official must make a solemn declaration before the presiding election official that the person will
(i) preserve the secrecy of the ballot of the elector being assisted,
(ii) mark the ballot in accordance with the wishes of the elector, and
(iii) refrain from attempting in any manner to influence the elector as to how the elector should vote;
(c) if assistance is needed because the elector needs a translator to be able to read the ballot and the instructions for voting, the person assisting must make a solemn declaration in accordance with section 48 (3).
(4) The person assisting must accompany the elector to the voting compartment or other place to be used for voting, must mark the ballot in accordance with the directions of the elector and may, in the presence of the elector, fold the ballot and deposit it in the ballot box.
(5) Candidates, candidate representatives and financial agents must not assist in marking a ballot.
(6) A person does not vote by assisting under this section.
122 (1) This section applies to electors who come to a voting place to vote but who are unable to enter the voting place because of physical disability or impaired mobility.
(2) An elector referred to in subsection (1) may request to vote at the nearest location to the voting place to which the elector has access.
(3) If a request is made, the presiding election official or another election official designated by the presiding election official must attend the elector at the nearest location to the voting place for the purpose of allowing the elector to meet the requirements under section 115 to obtain a ballot.
(4) The election official must ensure that the elector's marked ballot is placed in the appropriate ballot box, taking whatever steps the official considers necessary to maintain the secrecy of the ballot.
(5) The presiding election official may temporarily suspend voting proceedings in order to allow an elector to vote under this section.
(6) The presiding election official may have separate ballot boxes available for the purposes of this section, and these ballot boxes are not to be considered to be ballot boxes in use for the purposes of determining the number of candidate representatives who may be present at a voting place under section 110.
123 (1) The counting of the votes on ballots for an election must not take place until the close of general voting for the election, but must take place as soon as possible after this time.
(2) The counting of the votes on ballots used for general voting is to be conducted at the voting place where the ballot boxes containing them are located unless the chief election officer directs that the counting is to take place at another location.
(3) The counting of the votes on ballots other than those referred to in subsection (2) is to be conducted at a place specified by the chief election officer.
(4) The chief election officer must notify the candidates in an election of any place other than a voting place referred to in subsection (2) at which the counting of the votes for the election is to be conducted.
124 (1) A presiding election official and at least one other election official must be present while counting proceedings are being conducted.
(2) Candidates in an election are entitled to be present when counting proceedings for the election are being conducted.
(3) For each place where the votes on ballots for an election are being counted, at each location within that place where ballots are being considered, one candidate representative for each candidate in the election is entitled to be present.
(4) Persons other than those referred to in subsections (2) and (3) and election officials taking part in the counting may not be present when counting proceedings are being conducted, unless permitted by the presiding election official.
125 (1) The counting of the votes on ballots for an election must be conducted by the presiding election official or, except as limited by subsection (2), by other election officials under the supervision of the presiding election official.
(2) The presiding election official must personally deal with all ballots rejected under section 129 or objected to under section 130.
126 (1) As the first step in the counting of the votes on ballots in a ballot box, the ballot box is to be opened by an election official in the presence of at least one witness.
(2) If the seals on a ballot box are not intact when it is opened under subsection (1),
(a) the ballots in the ballot box must not be combined under section 127, and
(b) the ballots in the ballot box must be counted separately and a separate ballot account and separate ballot packages for the ballots must be prepared.
127 (1) After ballot boxes are opened under section 126, the ballots in them may be combined in accordance with this section.
(2) The election official responsible for the counting may combine ballots in different ballot boxes together in a single ballot box as follows:
(a) ballots in a ballot box used at a required general voting opportunity may be combined with ballots in other ballot boxes used at the same required general voting opportunity;
(b) ballots in a ballot box used at an additional general voting opportunity may be combined with ballots in other ballot boxes used at the same or another additional general voting opportunity;
(c) ballots in a ballot box used at an advance voting opportunity may be combined with ballots in other ballot boxes used at the same or another advance voting opportunity;
(d) ballots in a ballot box used for a special voting opportunity may be combined with ballots in other ballot boxes used at the same or another special voting opportunity;
(e) ballots in a ballot box used for mail ballots may be combined with ballots in other ballot boxes used for mail ballots;
(f) if some of the ballots in a ballot box are for a different election than the one for which the ballot box was intended, the election official may combine the ballots that do not belong in the ballot box with ballots in the appropriate ballot box.
(3) For the purpose of preserving the secrecy of the ballot, if there would be fewer than 25 ballots in a ballot box after combination under subsection (2), the presiding election official may combine those ballots with ballots in any other ballot box.
(4) Except for combination under this section,
(a) the votes on each class of ballots referred to in subsection (2) must be counted separately from the votes on ballots in any other class, and
(b) a separate ballot account under section 131 and separate ballot packages under section 132 must be prepared for each class of ballots referred to in subsection (2).
128 (1) All ballots in each ballot box must be considered in accordance with this section.
(2) As each ballot for an election is considered, it must be placed in such a manner that the persons present at the counting are able to see how the ballot is marked.
(3) Unless rejected under section 129 (4), a mark referred to in section 129 (1) on a ballot for an election must be accepted and counted as a valid vote.
(4) Counting must proceed as continuously as is practicable and the votes must be recorded.
(5) The presiding election official must endorse ballots to indicate the following as applicable:
(a) that the ballot was rejected under section 129 in relation to an election;
(b) that the rejection of the ballot was objected to under section 130;
(c) that a mark on the ballot was accepted as a valid vote but the acceptance was objected to under section 130.
(6) An endorsement under subsection (5) must be made at the time the presiding election official considers the ballot and in such a manner that it does not alter or obscure the elector's marking on the ballot.
129 (1) The following are marks that are to be accepted and counted as valid votes for an election unless the ballot is rejected under subsection (4):
(a) a mark of the type required by section 119 (1) (b);
(b) a tick mark that is placed in the location required by section 119 (1) (b);
(c) a mark of the type required by section 119 (1) (b) that is out of or partly out of the location on the ballot in which it is required to be put by that provision, as long as the mark is placed in such a manner as to indicate clearly the intent of the elector to vote for a particular candidate;
(d) a tick mark that is placed as described in paragraph (c).
(2) A mark on a ballot other than a mark referred to in subsection (1) must not be accepted and counted as a valid vote.
(3) If a ballot is in the form of a composite ballot under section 104 (2) (a), for the purposes of subsections (1) and (2) of this section each portion of the ballot that deals with a single election is to be considered a separate ballot.
(4) Ballots must be rejected as invalid in accordance with the following:
(a) a ballot must be rejected in total if it appears that the ballot physically differs from the ballots provided by the chief election officer for the election;
(b) a ballot must be rejected in total if there are no marks referred to in subsection (1) on it;
(c) a ballot must be rejected in total if the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the elector could reasonably be identified;
(d) a ballot must be rejected in total if more than one form of mark referred to in subsection (1) is on the ballot;
(e) a ballot is to be rejected in relation to an election if there are more marks referred to in subsection (1) for the election on the ballot than there are candidates to be elected.
(5) In the case of a ballot that is part of a ballot set under section 104 (2) (b), the ballot is not to be rejected under subsection (4) (a) solely on the basis that the ballot is part of an incomplete ballot set or that the ballot has become separated from its ballot set.
130 (1) A candidate or candidate representative may object to a decision to accept a vote or reject a ballot, with the objection recorded in accordance with section 128 (5) and (6).
(2) An objection must be made at the time the ballot is considered.
(3) The decision of the presiding election official regarding the acceptance of a vote or the rejection of a ballot may not be challenged except as provided in this section and the decision may only be changed by the chief election officer under section 135 or on a judicial recount.
131 (1) Once all counting at a place is completed, ballot accounts for each election must be prepared in accordance with this section and signed by the presiding election official.
(2) A ballot account must include the following:
(a) the office to be filled by the election;
(b) the number of valid votes for each candidate in the election;
(c) the number of ballots received by the presiding election official from the chief election officer for use at the voting opportunity;
(d) the number of ballots given to electors at the voting opportunity;
(e) the number of ballots for which marks were accepted as valid votes for the election without objection;
(f) the number of ballots for which marks were accepted as valid votes, subject to an objection under section 130;
(g) the number of ballots rejected as invalid without objection;
(h) the number of ballots rejected as invalid, subject to an objection under section 130;
(i) the number of spoiled ballots that were cancelled and replaced under section 118;
(j) the number of unused ballots;
(k) the number of ballots added under section 127 (3) to the ballots for which the ballot account is prepared;
(l) the number of ballots not accounted for.
(3) A copy of the ballot account must be prepared and signed by the presiding election official and included with the election materials under section 133.
132 (1) The presiding election official, or an election official under the supervision of the presiding election official, must separately package each of the following classes of ballots for delivery to the chief election officer:
(a) ballots that were rejected in total, subject to an objection regarding the rejection;
(b) ballots that were rejected in part, subject to an objection regarding the rejection or regarding the acceptance of a vote;
(c) ballots that were subject to an objection regarding the acceptance of a vote, unless included in a package under paragraph (b);
(d) ballots that were rejected in total without objection;
(e) ballots that were rejected in part without objection to the rejection or the acceptance of a vote;
(f) ballots for which all votes were accepted without objection;
(g) spoiled ballots that were cancelled and replaced under section 118;
(h) unused ballots.
(2) Each ballot package must be clearly marked as to its contents and sealed by the presiding election official.
(3) Candidates and candidate representatives present at the proceedings are entitled to add their seals to a ballot package.
(4) If ballot boxes are used as ballot packages, they must be sealed in accordance with section 111.
133 (1) After the ballot accounts are completed and the sealed ballot packages prepared, the following must be placed in ballot boxes from which the counted ballots were taken:
(a) the sealed ballot packages, if these are not ballot boxes themselves;
(b) the copy of the ballot account prepared under section 131 (3);
(c) the voting books;
(d) any copies of the list of registered electors used for the purposes of voting proceedings;
(e) any records required by or under this Part to be made during voting proceedings;
(f) any stubs for ballots given to electors;
(g) any solemn declarations taken and any signed written statements required by or under this Part in relation to voting proceedings.
(2) The ballot boxes in which the election materials are placed must be sealed in accordance with section 111 and must not be opened until after the declaration of the results of the election under section 136 except by the chief election officer for the purposes of section 135 (4).
(3) If votes for an election are counted at more than one place, the presiding election official must deliver to the chief election officer, in the manner instructed by the chief election officer, the original of the ballot account, the sealed ballot boxes and all other ballot boxes in the custody of the presiding election official.
134 (1) The chief election officer may announce preliminary results of an election before the determination under section 135 is completed.
(2) Preliminary results must be based on the ballot accounts prepared under section 131, determined by calculating the total number of valid votes for each candidate in the election as reported on the ballot accounts.
135 (1) As the final counting proceeding subject to a judicial recount, the chief election officer must determine the results of an election in accordance with this section.
(2) The chief election officer must notify the candidates in an election of the date, time and place when the determination is to be made and the candidates are entitled to be present when those proceedings take place.
(3) The chief election officer must begin the determination by reviewing the ballot accounts or by having them reviewed by election officials authorized by the chief election officer.
(4) The chief election officer may verify the results indicated by a ballot account by counting the votes on all or some of the ballots for the election, including reviewing the decision of a presiding election official regarding the acceptance of some or all of the votes or the rejection of some or all of the ballots.
(5) The chief election officer may be assisted in counting under subsection (4) by other election officials, but must personally make all decisions regarding the acceptance of votes or the rejection of ballots that were subject to objection under section 130.
(6) The chief election officer may reverse a decision of another election official regarding the acceptance of a vote or the rejection of a ballot made at the original consideration of the ballot and, if this is done, the chief election officer must endorse the ballot with a note of the reversal.
(7) The chief election officer or an election official authorized by the chief election officer must either mark on the original ballot accounts any changes made under this section or prepare a new ballot account of the results of the counting under subsection (4).
(8) On the basis of the ballot accounts, as amended or prepared under subsection (7) if applicable, the chief election officer must prepare a statement of the total number of votes for each candidate in the election.
(9) A decision of the chief election officer under this section may only be changed on a judicial recount.
(10) If a ballot box or ballot package is opened for the purposes of subsection (4), the contents must be replaced and it must be resealed during any adjournment and at the end of the review of the contents.
136 (1) Before 4 p.m. on the fourth day following the close of general voting, the chief election officer must declare the results of the election as determined under section 135.
(2) The results must be declared as follows:
(a) in the case of an election for an office to which one person is to be elected, the chief election officer must declare elected the candidate who received the highest number of valid votes for the office;
(b) in the case of an election for an office to which more than one person is to be elected, the chief election officer must declare elected the candidates who received the highest number of valid votes for the office, up to the number of candidates to be elected.
(3) As an exception, if a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates, the chief election officer must declare that the election is to be referred to a judicial recount.
137 (1) A candidate declared elected under section 136 is not entitled to make the oath of office under section 210 until the time period for making an application for a judicial recount has ended.
(2) If an application for a judicial recount of an election is made, a candidate declared elected in the election is not entitled to make the oath of office until the recount has been completed and the candidate's election has been confirmed unless permitted by the court under subsection (3).
(3) The Provincial Court may, on application, authorize a candidate who has been declared elected to make the oath of office if the court is satisfied that the candidate's election will not be affected by the results of the judicial recount.
138 (1) An application may be made in accordance with this section for a judicial recount, to be undertaken by the Provincial Court, of some or all of the votes in an election.
(2) Except as provided in subsection (5), an application may only be made on one or more of the following bases:
(a) that votes were not correctly accepted or ballots were not correctly rejected as required by the rules of section 129;
(b) that a ballot account does not accurately record the number of valid votes for a candidate;
(c) that the final determination under section 135 did not correctly calculate the total number of valid votes for a candidate.
(3) The time period during which an application may be made is limited to the time between the declaration of official election results under section 136 and 9 days after the close of general voting.
(4) The application may only be made by
(a) an elector of the jurisdiction for which the election was held,
(b) a candidate in the election or a candidate representative of a candidate in the election, or
(c) the chief election officer.
(5) An application must be made by the chief election officer if, at the end of the determination of official election results under section 135, a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates.
(6) The document commencing an application must set out briefly the facts on which the application is based and must be supported by affidavit as to those facts.
(7) At the time an application is commenced, a time must be set for the recount that is adequate to allow the court to complete the recount within the time limit set by section 139.
(8) The person making the application must notify affected persons
(a) by immediately notifying the chief election officer and the affected candidates in the election, if any, that a judicial recount will be conducted at the time set under subsection (7), and
(b) within 24 hours of filing the document commencing the application, by delivering to these persons copies of that document, the accompanying affidavit and a notice of the time for the recount.
139 (1) A judicial recount must be conducted in accordance with this section and completed by the end of 13 days after the close of general voting.
(2) The person who made the application for the recount, the chief election officer, the candidates in the election and the official agents and counsel of the candidates are entitled to be present at a judicial recount and other persons may be present only if permitted by the court.
(3) The chief election officer must bring to the recount all ballot accounts used for the determination of official election results under section 135 and the ballot boxes containing the ballots for which the recount is requested.
(4) In conducting a recount, the court must open the ballot boxes containing the ballots for which the recount is requested, count those ballots in accordance with sections 128 and 129 and confirm or change the ballot accounts in accordance with the counting.
(5) In its discretion, the court may count other ballots in addition to those for which the recount was requested and, for this purpose, may require the chief election officer to bring other ballot boxes.
(6) The court may appoint persons to assist in the recount.
(7) As exceptions to the obligation to conduct a recount in accordance with the other provisions of this section,
(a) if the person who made the application for the recount, the chief election officer and the candidates present at the recount agree, the court may restrict the ballots to be recounted as agreed by these persons at that time, or
(b) if the court determines on the basis of the ballot accounts that the results of a recount of the ballots, if it were conducted, would not materially affect the results of the election, the court may confirm the results of the election and take no further action under this section.
(8) Unless otherwise directed by the court, the ballot boxes at a judicial recount must remain in the custody of the chief election officer.
(9) During a recess or adjournment of a judicial recount and after the completion of the judicial recount, the ballot boxes must be resealed in accordance with section 111 by the person having custody of them and may be additionally sealed by other persons present.
140 (1) At the completion of a judicial recount, the court must declare the results of the election.
(2) The results declared under subsection (1) or following a determination by lot under section 141 are final, subject only to a declaration under section 145 that the election was invalid, and may not be appealed.
(3) All costs, charges and expenses of and incidental to an application for judicial recount, including the recount and any other proceedings following from the application, must be paid by the local government, the applicant and the persons notified of the application under section 138 (8), or any of them, in the proportion the court determines.
(4) At the conclusion of a judicial recount, the court must make an order for the purposes of subsection (3) having regard to any costs, charges or expenses that, in the opinion of the court, were caused by vexatious conduct, unfounded allegations or unfounded objections on the part of the applicant or the persons who were given notice.
(5) In relation to subsection (3), the court may order that the costs be determined in the same manner as costs within the meaning of the Rules of Court for the Supreme Court.
141 (1) A local government may, by bylaw, provide that, if at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, the results will be determined by lot in accordance with this section rather than by election under section 142.
(2) If a bylaw under subsection (1) applies and there is an equality of votes as described in that subsection, the results of the election are to be determined, as the conclusion of the judicial recount, by lot between those candidates in accordance with the following:
(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;
(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;
(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;
(d) the court is to direct a person who is not a candidate or candidate representative to withdraw one paper;
(e) the court is to declare elected the candidate whose name is on the paper that was drawn.
142 (1) If at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, a runoff election must be held in accordance with this section unless a bylaw under section 141 applies.
(2) Except as provided in this section, this Part applies to a runoff election under subsection (1).
(3) The candidates in the runoff election are to be the unsuccessful candidates in the original election who do not withdraw, and no new nominations are required or permitted.
(4) As soon as possible after the judicial recount, the chief election officer must notify the candidates referred to in subsection (3) that an election is to be held and that they are candidates in the election unless they deliver a written withdrawal to the chief election officer within 3 days after being notified.
(5) The chief election officer must set a general voting day for the runoff election, which must be on a Saturday no later than 50 days after the completion of the judicial recount.
(6) If advance registration would otherwise be permitted, the closed period under section 56 (4) extends until the day after the close of general voting for the election under this section.
(7) No new list of registered electors is required and sections 62 to 65 do not apply.
(8) So far as reasonably possible, election proceedings must be conducted as they were for the original election except that, if voting under section 102 was used for the original election, it is not necessary to use this for the election under this section.
(9) Without limiting subsection (8), so far as reasonably possible, voting opportunities equivalent to those provided for the original election must be held and, for these, no new bylaws under this Part are required.
143 (1) The right of an elected candidate to take office or the validity of an election may not be challenged except by an application under this section.
(2) An application may be made in accordance with this section to the Supreme Court for a declaration regarding the right of a person to take office or the validity of an election.
(3) The time limit for making an application is 30 days after the declaration of official election results under section 136.
(4) An application may be made only by a candidate in the election, the chief election officer or at least 4 electors of the jurisdiction for which the election was held.
(5) An application may be made only on one or more of the following bases:
(a) that a candidate declared elected was not qualified to hold office at the time he or she was elected or, between the time of the election and the time for taking office, the candidate has ceased to be qualified to hold office;
(b) that an election should be declared invalid because it was not conducted in accordance with this Act or a regulation or bylaw under this Act;
(c) that an election or the election of a candidate should be declared invalid because section 151, 152 or 153 (2) (a) was contravened.
(6) As a restriction on subsection (5) (b), an application may not be made on any basis for which an application for judicial recount may be or may have been made.
(7) At the time the petition commencing an application is filed, the court registry must set a date for the court to hear the application, which must be at least 10 days but no later than 21 days after the date the petition is filed.
(8) As soon as possible but no later than 2 days after a petition is filed, the person making the application must serve the petition and the notice of hearing on the municipality or regional district for which the election was held.
(9) If a candidate affected by an application files a written statement renouncing all claim to the office to which the candidate was elected, the court may permit the petition for the application to be withdrawn unless it is based on an allegation that the candidate who has renounced the office contravened section 151 or 152.
144 (1) The Supreme Court must hear and determine an application under section 143 as soon as possible and, for these purposes, must ensure that the proceedings are conducted as expeditiously as possible.
(2) If the application is based on a claim that section 151 or 152 was contravened, the evidence regarding that claim must be given orally by witnesses rather than by affidavit.
145 (1) On the hearing of an application under section 143 regarding the qualification of an elected candidate to take office, the court may
(a) declare that the candidate is confirmed as qualified to take and hold office,
(b) declare that the candidate is not qualified to hold office and that the office is vacant, or
(c) declare that the candidate is not qualified to hold office and that the candidate who received the next highest number of valid votes is elected in place of the disqualified candidate.
(2) On the hearing of an application under section 143 regarding the validity of an election, the court may
(a) declare that the election is confirmed as valid,
(b) declare that the election is invalid and that another election must be held to fill all positions for that office that were to be filled in the election that was declared invalid,
(c) declare that the election of a candidate is invalid and that the office is vacant, or
(d) declare that the election of a candidate is invalid and that another candidate is duly elected.
(3) The court must not declare an election invalid by reason only of an irregularity or failure to comply with this Act or a regulation or bylaw under this Act if the court is satisfied that
(a) the election was conducted in good faith and in accordance with the principles of this Act, and
(b) the irregularity or failure did not materially affect the result of the election.
(4) The court may confirm the election of a candidate in relation to which the court finds there was a contravention of section 151 or 152 if the court is satisfied that
(a) the candidate did not contravene the applicable section, and
(b) the contravention did not materially affect the result of the election.
(5) If the court declares that a candidate is not qualified to hold office or that the election of a candidate is invalid, the court may order the candidate to pay the municipality or regional district for which the election was held a sum of money not greater than $20 000 towards the expenses for the election required to fill the vacancy.
(6) If the court makes a declaration under subsection (1) (c) or (2) (d) that another candidate is elected, the candidate who is replaced ceases to be entitled to take or hold the office and the other candidate declared elected is entitled to take the office.
146 (1) If the court declares that a candidate is not qualified to hold office or that an election is invalid, the costs, within the meaning of the Rules of Court, of the persons who made the application under section 143 must be paid promptly by the municipality or regional district for which the election was held.
(2) The court may order that costs to be paid under subsection (1) may be recovered by the municipality or regional district from any other person as directed by the court in the same manner as a judgment of the Supreme Court.
(3) Except as provided in subsection (1), the costs of an application are in the discretion of the court.
147 (1) A person affected by an application under section 143 who has been declared elected is entitled to take office and to vote and otherwise act in the office unless the court declares the candidate disqualified and the office vacant.
(2) If a person who is declared disqualified to hold office by the Supreme Court appeals the decision, the appeal does not operate as a stay of the declaration and the person is disqualified pending the final determination of the appeal.
(3) If the person is declared qualified to hold office on the final determination of the appeal, the court may order that any money paid under section 145 (5) be repaid with interest as directed by the court.
(4) A person who is declared qualified to hold office on the final determination of an appeal is entitled,
(a) if the term of office for which the person was elected has not ended, to take office for any unexpired part of the term and, for this purpose, any person elected or appointed to the office since the declaration of disqualification ceases to hold office at the time the person declared qualified takes office, and
(b) if the term of office for which the person was elected is expired, to be elected at any following election if otherwise qualified.
148 (1) Within 30 days after the declaration of official election results under section 76 for an election by acclamation or under section 136 for an election by voting, the chief election officer must submit a report of the election results to the local government.
(2) In the case of an election by voting, the report under subsection (1) must include a compilation of the information on the ballot accounts for the election.
(3) If the results of the election are changed by a judicial recount or on an application under section 143 [application to court] after the report under subsection (1) is submitted, the designated local government officer must submit to the local government a supplementary report reflecting the changed results.
149 (1) Within 30 days after elected candidates have taken office, the designated local government officer must submit the names of the elected officials to the Gazette for publication.
(2) Within 30 days after persons appointed to local government have taken office, the designated local government officer must submit the names of the appointed officials to the Gazette for publication.
150 (1) Until the end of the period for conducting a judicial recount, the chief election officer
(a) must keep the sealed ballot packages delivered under section 133 in the officer's custody,
(b) is responsible for retaining the nomination documents under section 72, other than the written disclosure under the Financial Disclosure Act, and
(c) is responsible for retaining the remainder of the election materials delivered under section 133.
(2) After the end of the period for conducting a judicial recount, the designated local government officer is responsible for retaining the materials referred to in subsection (1).
(3) From the time of the declaration of the official election results under section 136 until 30 days after that date, the following election materials must be available for public inspection at the local government offices during regular office hours:
(a) the nomination documents for the candidates in the election, other than the documents filed under the Financial Disclosure Act;
(b) the voting books used for the election;
(c) any copies of the list of registered electors used for the purposes of voting proceedings;
(d) any records required by or under this Part to be made during voting proceedings;
(e) any solemn declarations taken and any signed written statements or declarations required by or under this Part in relation to voting proceedings.
(4) Before inspecting materials referred to in subsection (3), a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the materials except for the purposes of this Act.
(5) The designated local government officer must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.
(6) The following materials must be destroyed as soon as possible following 8 weeks after the declaration of the official election results under section 136:
(a) [Repealed 1999-37-38.]
(b) the ballots used in the election;
(c) any stubs for ballots used in the election;
(d) any copies of the list of registered electors used for the purposes of voting proceedings;
(e) the voting books used in the election;
(f) any solemn declarations and any written statements or declarations in relation to voting proceedings, other than those used for the registration of electors.
(7) As exceptions, subsection (6) does not apply
(a) if otherwise ordered by a court, or
(b) if the materials relate to an election that is the subject of an application under section 143, until the final determination of that application or the court authorizes their destruction.
(8) Unless otherwise provided by or under this Act, a person may not inspect a ballot.
151 (1) In this section, "inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind.
(2) A person must not pay, give, lend or procure inducement for any of the following purposes:
(a) to induce a person to vote or refrain from voting;
(b) to induce a person to vote or refrain from voting for or against a particular candidate;
(c) to reward a person for having voted or refrained from voting as described in paragraph (a) or (b);
(d) to procure or induce a person to attempt to procure the election of a particular candidate, the defeat of a particular candidate or a particular result in an election;
(e) to procure or induce a person to attempt to procure the vote of an elector or the failure of an elector to vote.
(3) A person must not accept inducement
(a) to vote or refrain from voting,
(b) to vote or refrain from voting for or against a particular candidate, or
(c) as a reward for having voted or refrained from voting as described in paragraph (a) or (b).
(4) A person must not advance, pay or otherwise provide inducement, or cause inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section.
(5) A person must not offer, agree or promise to do anything otherwise prohibited by this section.
(6) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.
152 (1) In this section, "intimidate" means to do or threaten to do any of the following:
(a) use force, violence or restraint against a person;
(b) inflict injury, harm, damage or loss on a person or property;
(c) otherwise intimidate a person.
(2) A person must not intimidate another person for any of the following purposes:
(a) to persuade or compel a person to vote or refrain from voting;
(b) to persuade or compel a person to vote or refrain from voting for or against a particular candidate;
(c) to punish a person for having voted or refrained from voting as described in paragraph (a) or (b).
(3) A person must not, by abduction, duress or fraudulent means, do any of the following:
(a) impede, prevent or otherwise interfere with a person's right to vote;
(b) compel, persuade or otherwise cause a person to vote or refrain from voting;
(c) compel, persuade or otherwise cause a person to vote or refrain from voting for a particular candidate.
(4) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.
152.1 (1) For the purposes of this section:
"election advertising" means advertising used
(a) to promote or oppose, directly or indirectly, the election of a candidate, or
(b) to promote or oppose, directly or indirectly, an elector organization that is endorsing a candidate;
"sponsor" means
(a) a person who is liable to pay for election advertising, or
(b) if the services of conducting the election advertising are provided without charge as a campaign contribution within the meaning of Division 8 [Campaign Financing], the candidate or elector organization to whom the services are provided as a contribution.
(2) On general voting day, a person must not conduct election advertising by publishing it in a newspaper or magazine or on radio or television.
(3) A person must not act as sponsor or agree to act as sponsor of election advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia.
153 (1) In relation to nominations, a person must not do any of the following:
(a) contravene section 72 (3);
(b) before or after an election, purport to withdraw a candidate from an election without authority to do so or publish or cause to be published a false statement that a candidate has withdrawn;
(c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 79 (6) (a) with the authorization of the elector organization.
(2) In relation to voting, a person must not do any of the following:
(a) vote at an election when not entitled to do so;
(b) contravene section 114 (1) regarding voting more than once in an election;
(c) obtain a ballot in the name of another person, whether the name is of a living or dead person or of a fictitious person;
(d) contravene section 113 (2) regarding the secrecy of the ballot.
(3) In relation to ballots and ballot boxes, a person must not do any of the following:
(a) without authority supply a ballot to another person;
(b) without authority print or reproduce a ballot or a paper that is capable of being used as a ballot;
(c) without authority take a ballot out of a place where voting proceedings are being conducted;
(d) put in a ballot box, or cause to be put in a ballot box, a paper other than a ballot that the person is authorized to deposit there;
(e) interfere with voting under section 102 contrary to the applicable bylaw and regulations;
(f) without authority destroy, take, open or otherwise interfere with a ballot box or ballots.
(4) In relation to voting proceedings, a person must not do any of the following at or within 100 metres of a building, structure or other place where voting proceedings are being conducted at the time:
(a) canvass or solicit votes or otherwise attempt to influence how an elector votes;
(b) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate or elector organization;
(c) display or distribute a sign, a document or other material regarding a candidate or elector organization, except as authorized by the chief election officer;
(d) display, distribute, post or openly leave a representation of a ballot marked for a particular candidate in an election.
(5) In relation to Division 8 [Campaign Financing] of this Part, a person must not contravene any of the following:
section 85.1 [campaign accounts];
section 86 [restrictions on accepting contributions and incurring expenses];
section 87 [restrictions on making campaign contributions];
section 89.1 (4) [transfer of candidate's surplus];
section 90 [duty to file disclosure statements].
(6) In relation to any matter or proceeding to which this Part applies, a person must not do any of the following:
(a) provide false or misleading information when required or authorized by or under this Part to provide information;
(b) make a false or misleading statement or declaration when required by or under this Part to make a statement or declaration;
(c) inspect a list of registered electors or nomination documents or other election materials, or use the information from any of them, except for the purposes of this Act;
(d) be present at a place where voting or counting proceedings are being conducted, unless authorized by or under this Part to be present;
(e) impede or obstruct an election official or other person in performing duties and exercising powers given to the person by or under this Part.
(7) A person who is an election official must not contravene this Part with the intention of affecting the result or validity of an election.
153.1 (1) An act or thing done or omitted by an officer, director, employee or agent of an organization within the scope of the individual's authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.
(2) If an organization commits an offence under this Part, an officer, director, employee or agent of the organization who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the organization is convicted of the offence.
(3) A prosecution for an offence under this Part may be brought against an unincorporated organization in the name of the organization and, for these purposes, an unincorporated organization is deemed to be a person.
154 (1) A person who contravenes section 151 or 152 is guilty of an offence and is liable to one or more of the following penalties:
(a) a fine of not more than $10 000;
(b) imprisonment for a term not longer than 2 years;
(c) a prohibition for a period of not longer than 6 years from holding an elected local government office;
(d) a prohibition for a period of not longer than 6 years from voting in local government elections.
(2) A person who contravenes section 152.1 or 153 is guilty of an offence and is liable to one or more of the following penalties:
(a) a fine of not more than $5 000;
(b) imprisonment for a term not longer than one year;
(c) a prohibition for a period of not longer than 6 years from holding an elected local government office;
(d) a prohibition for a period of not longer than 6 years from voting in local government elections.
(3) Any penalty under this Division is in addition to and not in place of any other penalty provided in this Part.
(4) A person is not guilty of an offence under this Part if the person exercised due diligence to prevent the commission of the offence.
155 (1) If the minister considers that special circumstances regarding an election require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part, including an order providing an exception to this Act or a bylaw or regulation under this Act.
(2) Without limiting subsection (1), the minister may make an order extending a time period or establishing a new date in place of a date set by or under this Act and giving any other directions the minister considers appropriate in relation to this.
156 (1) In relation to this Part, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act, including regulations for any matter for which regulations are contemplated by this Part.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing information that must be included under section 55 in an application for registration as an elector, which may be different for resident electors and non-resident property electors;
(a.1) prescribing classes of documents that may be accepted as evidence for the purpose of section 57 [how to register as a resident elector at the time of voting] or 57.1 [how to register as a non-resident property elector at the time of voting];
(b) for the purposes of section 67,
(i) deeming a described class of persons to be employees of a municipality or regional district, and
(ii) excepting a described class of persons as excluded from the definition of "employee",
which may be different for different specified municipalities and regional districts;
(c) prescribing information that must be included in the notice of nomination under section 70, which may be different for municipalities and regional districts and may be different for municipal elections at large and on the basis of a neighbourhood constituency;
(d) prescribing matters that must be included in the solemn declaration under section 79 regarding elector organization endorsement of a candidate;
(e) prescribing classes of election expenses for the purposes of section 90 (4) (f) [reporting of election expenses by class];
(e.1) prescribing information that must be included in a disclosure statement under section 90 (4) (j) [additional information];
(f) establishing requirements, limits and conditions in relation to voting by mail ballot under section 100, which may be different for municipalities and regional districts;
(g) establishing requirements, limits and conditions in relation to voting under section 102, which may be different for different specified municipalities and regional districts;
(h) establishing requirements, limits and conditions in relation to municipal voting divisions under section 103, which may be different for municipalities of different population sizes;
(i) prescribing one or more alternative forms in which a specified solemn declaration must be made.
157 The definitions in Part 3 apply to this Part and, in addition, in this Part:
"other voting" means voting on a matter referred to in section 158;
"voting area" means the area for which the other voting is to be conducted.
158 (1) This Part applies to the following:
(a) voting on a bylaw or other matter for which assent of the electors is required;
(b) voting on a bylaw or other matter for which the local government is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment;
(c) voting on a referendum under section 245 [referendums to obtain electors' opinion] or 797.3 [referendums regarding regional district services].
(2) Except as otherwise provided, Part 3 applies to voting referred to in subsection (1) as if the other voting for the voting area were an election for a jurisdiction and, for certainty, Division 17 of that Part regarding offences applies to other voting.
(3) For the purposes of applying section 152.1 [prohibition against certain election advertising on general voting day] to voting referred to in subsection (1), advertising is deemed to be election advertising if it is used to promote or oppose, directly or indirectly, a particular outcome in the vote.
159 (1) Unless otherwise provided in this Act, assent of the electors to a bylaw or other matter is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question.
(2) If a bylaw that requires the assent of the electors does not receive that assent, a bylaw for the same purpose may not be submitted to the electors within a period of 6 months from the last submission except with the minister's approval.
(3) A bylaw that requires the assent of the electors may be amended or repealed without the assent of the electors if the minister approves.
160 (1) A bylaw submitted for the assent of electors must be for only one distinct purpose, although the bylaw may include purposes incidental to the main purpose.
(2) If 2 or more bylaws are submitted at the same time for assent of the electors, each bylaw must be voted on as a separate question unless otherwise provided in this Act.
161 (1) In order to vote at other voting, a person must meet both the following requirements:
(a) the person must meet the qualifications of section 50 as a resident elector, or section 51 as a non-resident property elector, in relation to the voting area for which the other voting is to be conducted;
(b) the person must be registered in accordance with subsection (2).
(2) To vote in other voting a person must
(a) be registered, on or before the date established under subsection (5) (a) if applicable, as an elector of the jurisdiction to which the person's qualifications referred to in subsection (1) (a) relate, or
(b) register immediately before voting,
(i) as an elector of the jurisdiction to which the person's qualifications referred to in subsection (1) (a) relate, or
(ii) as an elector for the purposes of the other voting only.
(3) A person may vote only once on a question submitted for other voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more than one voting area.
(4) Registration referred to in subsection (2) (b) (ii) is effective only for the other voting being conducted at that time.
(5) If general voting day for other voting is not general voting day for an election for a jurisdiction in which the other voting is to be conducted and advance registration for the jurisdiction is available under section 56
(a) the chief election officer must establish for the jurisdiction a date after which registration as an elector of the jurisdiction will not entitle the person to vote at the other voting and the person must instead register under subsection (2) (b) in order to vote, and
(b) sections 62 (3), (6) and (7), 64 and 65 do not apply to the jurisdiction in relation to the other voting.
(6) If subsection (5) applies, at least 6 but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election officer must give notice in accordance with section 44 of
(a) how a person may register in advance, and
(b) the date after which advance registration will not apply for the purposes of the other voting.
162 (1) An authority in or under this or any other Act for the Lieutenant Governor in Council, a minister or the inspector to require a bylaw or other matter to be submitted for assent of the electors includes the authority to set a general voting day for obtaining that assent, subject to the restriction that general voting day must be on a Saturday.
(2) Unless general voting day is set under subsection (1), the chief election officer must set general voting day for other voting to be on a Saturday in accordance with the following:
(a) in the case of a bylaw that is directed by the Lieutenant Governor in Council, a minister or the inspector to be submitted for the assent of electors, not more than 80 days after the date of the direction;
(b) in the case of a bylaw or other matter for which a counter petition opportunity was provided, not more than 80 days after the deadline for submitting signed counter petitions;
(c) subject to paragraph (b), in the case of a bylaw requiring the approval of the Lieutenant Governor in Council, the inspector or a minister, not more than 80 days after the day of the approval or, if there is more than one approval required, of the last approval;
(d) in the case of other bylaws, not more than 80 days after the day the bylaw receives third reading;
(e) in the case of another matter, not more than 80 days after adoption of the authorizing bylaw or resolution.
163 (1) In order for a bylaw under this Part or a bylaw referred to in section 39 to apply in relation to other voting, the bylaw must be adopted at least 6 weeks before general voting day for the other voting.
(2) Unless subsection (3) or (4) applies, voting opportunities for the other voting are those established by or under Part 3 for the other voting.
(3) Voting opportunities in the voting area must be the same as for an election for a jurisdiction if
(a) general voting day for the other voting is the same as general voting day for the election,
(b) a voting area for the other voting is all or part of the jurisdiction, and
(c) the jurisdiction is responsible for conducting the other voting.
(4) As an exception to section 97 (2) (b) for a voting area with a population of more than 5 000, a regional district board may, by bylaw, limit advance voting opportunities to the required advance voting opportunity under section 97 (2) (a) if all the following circumstances apply to the other voting:
(a) mail ballot voting is available under section 100 (3) (b);
(b) the area specified for the purposes of section 100 (3) (b) includes all of the voting area for the other voting;
(c) the voting area is part but not all of an electoral area;
(d) general voting day for the other voting is not the same as general voting day for an election in the jurisdiction.
164 (1) In place of a notice of election under section 77, at least 6 but not more than 30 days before general voting day for other voting, the chief election officer must issue a notice of other voting under this section in accordance with section 44.
(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of other voting
(a) must be available for public inspection in the local government offices, during their regular office hours, of each jurisdiction in which the other voting is to be conducted, and
(b) may be made available at other locations and times as the chief election officer considers appropriate.
(3) A notice of voting must include the following information:
(a) the question that is to be voted on;
(b) the voting area;
(c) the qualifications required to be met in order to vote as an elector for the other voting;
(d) the date of general voting day, the voting places established under section 95 for that day and the voting hours for those places;
(d.1) the documents that will be required in order for a person to register as an elector at the time of voting;
(d.2) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;
(e) if applicable, information required to be included under section 103 (5) regarding municipal voting divisions.
(4) If the other voting is on a bylaw submitted for the assent of the electors or is authorized by a bylaw, the notice of voting must also include the following:
(a) either a copy of the bylaw or, if approved by the local government, a synopsis of the bylaw in accordance with subsection (5);
(b) if a synopsis of the bylaw is included, a statement that the synopsis is not an interpretation of the bylaw;
(c) the dates, times and places at which the bylaw may be inspected.
(5) A synopsis under subsection (4) (a) must include
(a) in general terms, the intent of the bylaw,
(b) the area that is the subject of the bylaw, and
(c) if applicable, the amount of the borrowing authorized by the bylaw.
(6) If subsection (4) applies, a full copy of the bylaw must be available for inspection by electors
(a) at the local government offices, during their regular office hours, of each jurisdiction in which the other voting is to be conducted, and
(b) at each place where voting is conducted.
(7) The notice of voting may also include any other information the chief election officer considers appropriate.
165 (1) A ballot for other voting must
(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and
(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".
(2) Unless otherwise provided by or under this or another Act, separate ballots must be prepared for each question that is to be voted on.
166 (1) As an exception to section 123, the counting of the vote for other voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the other voting results under section 136.
(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with section 111 and are delivered to the chief election officer with the materials referred to in section 133.
167 (1) This section applies to other voting on a regional district bylaw or other regional district matter that is to be conducted by more than one local government.
(2) The regional district board must, by bylaw,
(a) establish the question to be used for all the voting, and
(b) if applicable, set the date for the required advance voting day under section 97 (2) (b) for all voting areas other than a voting area referred to in section 163 (3) or (4).
(3) Except for a voting area referred to in section 163 (3), the bylaws under sections 96, 98 and 99 of a local government other than the regional district board do not apply and, instead, the regional district may, by bylaw, establish voting opportunities under those sections for one or more voting areas for the other voting.
(4) The regional district board must appoint
(a) a regional voting officer for the other voting, and
(b) a deputy regional voting officer for the other voting who, if the regional voting officer is absent or unable to act, must perform the duties and has the powers of the regional voting officer.
(5) The regional voting officer has the following duties and powers:
(a) to arrange for the coordination of the proceedings throughout the regional district;
(b) to set the general voting day for all voting throughout the regional district;
(c) to arrange for the preparation of the ballots for the voting;
(d) to direct the chief election officers for the local governments regarding the form and manner of notices that are required or authorized by this Act regarding the voting;
(e) to make the final determination and declaration of other voting results under sections 135 and 136 based on the results determined by the chief election officers of the local governments;
(f) to appoint the scrutineers for the final determination of other voting results and any judicial recount in accordance with section 172 (4) and (5);
(g) to apply to the minister for an order under section 155.
(6) If there is a conflict between this section or an authority under this section and another provision of this Act or an authority under this Act, this section or the authority under it prevails.
168 (1) Notices under this Part may be combined with notices under Part 3, as it applies to elections or to other voting, as long as the requirements of all applicable sections are met.
(2) Section 149, requiring the publication of election results in the Gazette, does not apply to other voting.
(3) Regulations under section 156, as it applies to other voting, may be different for different types of other voting.
169 (1) Scrutineers for the question in other voting and scrutineers against the question must be appointed under section 172 if applications in accordance with section 171 are received from persons who wish to volunteer for the positions.
(2) Only persons entitled to vote as electors in the other voting are entitled to act as scrutineers for the other voting, but election officials must not be appointed as scrutineers for the other voting.
(3) Unless a bylaw under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part 3 to be present.
(4) A local government may, by bylaw, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the bylaw.
(5) As a limit on the authority under subsection (4), a bylaw under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.
(6) The absence of a scrutineer from a place where proceedings for other voting are being conducted does not invalidate anything done in relation to the other voting.
170 (1) Not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 44.
(2) The notice must include the following information:
(a) the question that is to be voted on;
(b) the dates, times and places at which applications for scrutineers will be received;
(c) how interested persons can obtain information on the requirements and procedures for making an application.
(3) The notice may include any other information the chief election officer considers appropriate.
(4) In addition to subsection (1), from the sixth day before the application period begins until the close of the application period, the notice must be available for public inspection in the local government offices, during their regular office hours, of each jurisdiction in which the other voting is being conducted.
171 (1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity.
(1.1) As an exception to subsection (1), if general voting day for other voting is the general voting day for an election, the period for receiving applications
(a) may be established under subsection (1), and
(b) if it is not established under subsection (1), is the nomination period referred to in section 69.
(2) An application to act as a scrutineer for other voting must be signed by the applicant and contain the following information:
(a) the full name of the person applying;
(b) the address to which the person applying wishes to have notices sent;
(c) if required by the chief election officer, a telephone number at which the person applying may be contacted;
(d) a statement that the applicant is entitled to vote as an elector in the other voting and is entitled to act as a scrutineer for the other voting;
(e) a statement as to whether the applicant is in favour of the question or opposed to the question;
(f) any other information required to be included by a regulation under subsection (4).
(3) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).
(4) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section.
172 (1) The chief election officer must
(a) on the basis of the applications received in accordance with section 171, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and
(b) assign scrutineers to each place at which scrutineers are entitled to be present under Part 3.
(2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 169,
(a) all these applicants must be appointed as scrutineers in accordance with subsection (1), and
(b) a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this.
(3) If there are more applicants on one side of the question than the maximum allowed under section 169, the following rules apply:
(a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 107 (4) (a) to (d);
(b) the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present;
(c) names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed;
(d) the persons whose names are drawn must be appointed as scrutineers in accordance with subsection (1);
(e) in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) are unable to act as scrutineers.
(4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question is entitled to be present at the final determination under section 135 of the other voting and at any judicial recount of the other voting.
(5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following:
(a) the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment;
(b) if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3).
(6) A scrutineer appointment must
(a) be made in writing,
(b) state the name and address of the person appointed,
(c) state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and
(d) be signed by the chief election officer.
172.1 (1) This Division applies to counter petition opportunities required or authorized under this Act in relation to proposed local government bylaws, actions or other matters.
(2) If the proposed bylaw, action or other matter to which a counter petition opportunity relates is amended or otherwise changed after a notice under section 172.4 has been published, unless the inspector approves, the revised proposal must be considered a new proposal for the purposes of this Division.
172.2 Despite any other provision of this Act, where this Act requires or authorizes a local government to provide a counter petition opportunity, the local government may instead seek the assent of electors.
172.3 (1) In relation to each counter petition opportunity, the local government must establish a deadline by which counter petitions in relation to the proposed bylaw, action or other matter must be submitted to the local government.
(2) A deadline established under subsection (1) must be such that it is at least 30 days after the second publication referred to in section 172.4 (1).
172.4 (1) Notice of a counter petition opportunity must be published in accordance with section 44 in at least 2 issues of a newspaper, with the second publication at least 30 days before the deadline established under section 172.3.
(2) A notice under subsection (1) must include the following:
(a) a general description of the proposed bylaw, action or other matter to which the counter petition opportunity relates;
(b) a statement that the local government may proceed with the matter unless at least 5% of the electors of the area to which the counter petition opportunity applies petition against the matter by signing counter petition forms and submitting them to the local government by the deadline;
(c) a statement that a counter petition must be in the form established by the local government and that forms are available from the local government on request;
(d) a statement that the only persons entitled to sign counter petition forms are the electors of the area to which the counter petition opportunity applies;
(e) a description of the area to which the counter petition opportunity applies;
(f) the deadline for submitting signed counter petition forms to the local government;
(g) the number of electors who must petition against the matter in order to prevent the local government from proceeding without the assent of the electors;
(h) other information prescribed under section 172.91 [regulations].
(3) For the purpose of subsection (2) (g), the local government must make a fair estimate of the total number of electors of the area to which the counter petition opportunity applies.
172.5 (1) The local government must
(a) prepare counter petition forms ready for distribution at the time of first publication under section 172.4, and
(b) subject to subsection (2), distribute a counter petition form to each person who requests one.
(2) Before providing a counter petition form to a person, a designated local government officer may require the person to sign a declaration that the person will not contravene section 172.8 [prohibition against false statements].
(3) A person who receives a counter petition form referred to in subsection (1) may make accurate copies of the counter petition form, which are to be considered counter petition forms for the purposes of this Division.
(4) The counter petition forms prepared or accurately copied under this section are collectively the counter petition in relation to the proposed bylaw, action or other matter.
172.6 (1) Each counter petition form may be signed by one or more electors of the area to which the counter petition opportunity applies.
(2) For the purposes of this Division, the electors of the area to which the counter petition opportunity applies are the persons who would meet the qualifications referred to in section 161 (1) (a) [who may vote at other voting] if assent of the electors were sought in respect of the matter.
(3) The full name and residential address of each person signing must be included on the counter petition form and, if applicable, the address of the property in relation to which the person is entitled to register as a non-resident property elector must also be included.
(4) A person must not sign a counter petition more than once and may not withdraw their name from a counter petition after the deadline established under section 172.3.
172.7 (1) If a counter petition is certified as having been signed by at least 5% of the electors of the area to which the counter petition opportunity applies, the local government must not proceed with the proposed bylaw, action or other matter unless it receives the assent of the electors.
(2) If the counter petition is certified as not having been signed by the percentage of electors referred to in subsection (1), the electors are deemed to have approved the proposed bylaw, action or other matter and the local government may proceed with the proposed matter.
(3) For the purposes of this section, the local government officer assigned responsibility under section 198 [corporate administration] must determine and certify, on the basis of the signed counter petition forms submitted to the local government before the deadline established under section 172.3,
(a) whether the counter petition forms submitted are accurate, and
(b) whether the counter petition has been signed by the percentage of electors referred to in subsection (1).
172.8 A person who presents a counter petition form to another person for signing must not knowingly make any false or misleading statements to the other person about the proposed bylaw, action or other matter to which the counter petition relates.
172.9 (1) The following sections apply in relation to counter petition opportunities, with a reference to voting to be read as a reference to the signing of a counter petition:
section 151 [vote buying];
section 152 [intimidation];
section 153 (6) (b) [false declarations];
section 154 [penalties].
(2) A person who contravenes section 172.8 [prohibition against false statements] commits an offence and section 154 (2) applies.
172.91 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing information that must be included in a notice under section 172.4 [notice of counter petition opportunity];
(b) prescribing the form and content of counter petitions under this Division.
(2) Regulations under this section may be different for different classes of proposed bylaws, actions or other matters to which counter petition opportunities relate.
173 Each municipality and each regional district is a corporation.
174 (1) The governing body of a municipality is its council and the governing body of a regional district is its board.
(2) The powers, duties and functions of a municipality or regional district are to be exercised and performed by its council or board unless this or any other Act provides otherwise.
(3) A local government, in exercising or performing the powers, duties and functions conferred on it by an enactment, is acting as the governing body of the municipality or regional district.
(4) Despite any change in their membership, the council of a municipality and the board of a regional district are continuing bodies and may complete any proceedings started but not completed before the change.
175 A local government may only exercise or perform its powers, duties and functions within the boundaries of the municipality or regional district unless this or another Act provides that they may also be exercised or performed outside those boundaries.
176 (1) Subject to the specific limitations and conditions established by or under this or another Act, the corporate powers of a local government include the following:
(a) to make agreements respecting
(i) the local government's services, including agreements respecting the undertaking, provision and operation of its services, other than the exercise of its regulatory authority,
(ii) operation and enforcement in relation to the local government's exercise of its regulatory authority, and
(iii) the management of property or an interest in property held by the local government;
(b) to make agreements with a public authority respecting
(i) activities, works or services within the powers of a party to the agreement, other than the exercise of regulatory authority, including agreements respecting the undertaking, provision and operation of activities, works and services,
(ii) operation and enforcement in relation to the exercise of regulatory authority within the powers of a party to the agreement, and
(iii) the management of property or an interest in property held by a party to the agreement;
(c) to provide assistance for the purpose of benefiting the community or any aspect of the community;
(d) to acquire, hold, manage and dispose of land, improvements, personal property or other property, and any interest or right in or with respect to that property;
(e) to delegate its powers, duties and functions, including those specifically established by an enactment, to its officers and employees, its committees or its members, or to other bodies established by the local government;
(f) to engage in commercial, industrial and business undertakings and incorporate a corporation or acquire shares in a corporation for that purpose;
(g) to establish commissions to
(i) operate services of the local government,
(ii) undertake operation and enforcement in relation to the local government's exercise of its regulatory authority, and
(iii) manage property or an interest in property held by the local government.
(2) In exercising its powers under subsection (1), a local government may establish any terms and conditions it considers appropriate.
(3) The powers of a local government under subsection (1) may be exercised outside the boundaries of the municipality or regional district.
177 (1) This section applies if an agreement is proposed or made in relation to a matter that
(a) requires the assent of the electors, or
(b) requires the local government to provide a counter petition opportunity.
(2) To the extent that they can be disclosed under the Freedom of Information and Protection of Privacy Act, the local government must make available for public inspection
(a) the agreement, and
(b) all records relating to the agreement that are in the custody or under the control of the local government.
(3) The records referred to in subsection (2) must remain available for public inspection for at least the period
(a) from the time notice of other voting is given until general voting day for other voting, or
(b) from the time notice of the counter petition opportunity is given until the day on which the deadline for submitting signed counter petition forms passes.
(4) Notices under
(a) section 164 [notice of other voting], or
(b) section 172.4 [notice of counter petition opportunity]
in relation to the agreement must state that the agreement and the records relating to it are available for public inspection in the local government offices during their regular office hours.
178 (1) If an agreement is proposed or made in relation to one or more matters referred to in section 177 (1), instead of seeking assent or providing a counter petition opportunity in relation to the matters, the local government may
(a) seek the assent of the electors, or
(b) provide a counter petition opportunity
in relation to the agreement as a whole.
(2) Section 177 applies to an agreement that is dealt with under subsection (1) of this section.
179 If an agreement is in relation to a matter that requires the local government to obtain the assent of the electors or provide a counter petition opportunity, the requirement also applies to an amendment to the agreement in relation to that matter.
180 (1) An agreement between a local government and a public authority in another province respecting the provision and operation of works and services has no effect unless it is approved by the minister.
(2) An agreement between a local government and a public authority in another country respecting the provision and operation of works and services has no effect unless it is approved by the Lieutenant Governor in Council.
181 For the purposes of section 176 (1) (c) [corporate powers – assistance] and this Division, "assistance" means providing a grant, benefit, advantage or other form of assistance, including
(a) an exemption from a tax, fee or charge, and
(b) the forms of assistance referred to in section 185 (1) [publication of intention to provide certain kinds of assistance].
182 As a limitation on section 176 (1) (c), a local government must not provide assistance to an industrial, commercial or business undertaking.
183 Despite section 182 and in addition to the power under section 176 (1) (c), a local government may provide assistance under a partnering agreement.
183.1 (1) A local government may provide assistance for one or more of the following purposes:
(a) acquiring, conserving and developing heritage property and other heritage resources;
(b) gaining knowledge about the community's history and heritage;
(c) increasing public awareness, understanding and appreciation of the community's history and heritage;
(d) any other activities the local government considers necessary or desirable with respect to the conservation of heritage property and other heritage resources.
(2) A local government may, by an affirmative vote of at least 2/3 of the votes cast, provide assistance for the conservation of any of the following property:
(a) property that is protected heritage property;
(b) property that is subject to a heritage revitalization agreement under section 966;
(c) property that is subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.
(3) The powers under this section are in addition to the power under section 176 (1) (c) [corporate powers – assistance] and apply despite section 182 [prohibition against assistance to business].
184 As limitations on sections 176 (1) (c) and 183,
(a) a council may only provide a property tax exemption in accordance with Division 1 of Part 10 [Assessment and Taxation – Exemptions], and
(b) a board may only provide a property tax exemption in accordance with Division 4.4 of Part 24 [Regional Districts – Tax Rates and Exemptions].
185 (1) A local government must publish in a newspaper its intention to provide any of the following assistance:
(a) disposing of land or improvements, or any interest or right in or with respect to them, for less than market value;
(b) lending money;
(c) guaranteeing repayment of borrowing or providing security for borrowing;
(d) assistance under a partnering agreement.
(2) The notice must be published before the assistance is provided and must include
(a) the intended recipient of the assistance, and
(b) the nature, term and extent of the proposed assistance.
186 (1) If a local government intends to dispose of land or improvements, it must make the land or improvements available to the public for acquisition.
(2) Subsection (1) does not apply if the disposition is
(a) to a not for profit corporation,
(b) to a public authority,
(c) to a person who, as part of the consideration for the disposition, will exchange land or an improvement with the local government,
(d) to a person under a partnering agreement that has been the subject of a process involving the solicitation of competitive proposals, or
(e) a disposition of land to an owner of adjoining land for the purpose of consolidating the lands.
187 (1) A local government intending to dispose of land or improvements must publish notice of its intention in a newspaper in accordance with subsection (2) or (3), as applicable.
(2) If the disposition is a disposition referred to in section 186 (2), the notice must include
(a) a description of the land or improvements,
(a.1) the person or public authority who is to acquire the property under the proposed disposition,
(b) the nature and, if applicable, the term of the proposed disposition, and
(c) the consideration to be received by the local government for the disposition.
(3) For all other dispositions, the notice must include
(a) a description of the land or improvements,
(b) the nature and, if applicable, the term of the proposed disposition, and
(c) the process by which the land or improvements may be acquired.
188 (1) Subject to subsection (2),
(a) all money received by a municipality from the sale of land or improvements must be placed to the credit of a special fund under Part 13 [Special Funds], and
(b) all money received by a regional district from the sale of land or improvements must be placed to the credit of a special fund under section 826 [special funds].
(2) If, after money is received under subsection (1), a debt incurred by the municipality or regional district for the purchase or management of the land or improvements remains, there must be set aside all or part of the proceeds of the disposition, as required to repay the debt as it matures together with interest.
189 (1) As a limitation on section 176 (1) (d) [corporate powers – property], before disposing of land, improvements or works acquired or constructed by or for a local government in whole or in part with a Provincial grant that was provided for that purpose, a local government must notify the inspector of the disposition unless
(a) the first payment of all or part of the grant was provided at least 20 years before the intended disposal and the local government no longer receives grant payments with respect to that property, or
(b) the land, improvement or work will be used for the public purpose for which it was acquired or constructed for at least 20 years after the date of the first payment of all or part of the grant.
(2) Subject to regulations under subsection (5), within 30 days after receiving notice under subsection (1), the inspector may, by notice in writing, require the local government to repay all or part of the Provincial grants paid to the local government with respect to the property, on the terms specified in the notice.
(3) This section applies in relation to grants made before or after this section comes into force.
(4) The local government may appeal a decision of the inspector and, for this purpose, section 335.5 [appeal from an inspector's decision] applies.
(5) The Lieutenant Governor in Council may make regulations for the purposes of this section as follows:
(a) respecting the matters or information to be included in the local government's notification to the inspector;
(b) prescribing the conditions under which a grant becomes repayable under this section, which may be different for different classes of grants, properties and dispositions;
(c) respecting the means and basis for calculating the whole or part of the Provincial grant that is repayable, which may be different for different classes of grants, properties and dispositions;
(d) specifying the circumstances in which the inspector may take more than 30 days to issue a notice under subsection (2).
190 (1) As a limitation on section 176 (1) (d) [corporate powers – property], the following works may only be disposed of in accordance with this section:
(a) works for the supply, treatment, conveyance, storage and distribution of water;
(b) works for the collection, conveyance, treatment and disposal of sewage;
(c) works for the supply and distribution of gas or electrical energy;
(d) works for a transportation system, telephone system, closed circuit television system or television rebroadcasting system.
(2) The works may only be disposed of if
(a) the works are no longer required for the purpose described,
(b) the works are disposed of to another local government in the same regional district,
(c) in the case of works referred to in subsection (1) (a) or (b) that are used by the local government to provide a water or sewer service,
(i) before the disposition occurs there is in effect an agreement under which the water or sewer service will continue for a period specified in the agreement, and
(ii) the intended disposition receives the assent of the electors, or
(d) in the case of works not referred to in paragraph (c), the local government has provided a counter petition opportunity in relation to the proposed disposition.
(3) For the purposes of subsection (2) (c) (ii),
(a) the notice under section 164 [notice of other voting] must include a description of the agreement referred to in subsection (2) (c) (i), and
(b) section 177 [disclosure of information relating to agreements] applies to that agreement.
191 (1) As a limitation on section 176 (1) (e) [corporate powers – delegation], a local government may not delegate the following:
(a) the making of a bylaw;
(b) a power or duty that is only exercisable by bylaw;
(c) a power or duty to appoint, suspend or terminate a local government officer;
(d) a power or duty established by an enactment that the local government hear an appeal or reconsider an action, decision or other matter;
(e) a power or duty established by this or any other Act that the local government give its approval or consent to, recommendations on, or acceptance of an action, decision or other matter.
(2) The authority under section 176 (1) (e) does not include authority to delegate to a corporation incorporated by the local government or to a corporation in which the local government acquires shares.
192 (1) Subject to section 193, a local government may only delegate a power, duty or function by bylaw adopted by an affirmative vote of at least 2/3 of the votes cast.
(2) A local government may, by bylaw adopted by a majority of votes cast, amend or repeal a bylaw referred to in subsection (1) to reduce or revoke the delegation.
193 (1) If a local government is required by law or authorized by an enactment to hold a hearing in relation to a bylaw, action or other matter, the holding of the hearing may only be delegated, either specifically, by class of hearings or generally,
(a) in the case of a council, to one or more council members, and
(b) in the case of a board, to one or more directors.
(2) As an exception to section 192 (1), a local government may delegate the holding of a hearing by bylaw or resolution adopted by a majority of votes cast.
(3) If a hearing in relation to a matter is delegated under subsection (1), a delegation of the power to make the local government decision in relation to the same matter may only be delegated to the person or persons to whom the holding of the hearing was delegated.
(4) If the holding of a hearing is delegated under subsection (1) and the power to make the local government decision in relation to the same matter is not delegated under subsection (3), the local government must not make the decision until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing.
(5) This section does not authorize the delegation of the holding of a hearing referred to in section 191 (1) (d) [appeals and reconsiderations].
(6) For certainty, if a delegation has been made in relation to hearings, the local government may exercise its authority under subsection (1) to change that delegation to a different delegation in relation to a specific hearing.
194 (1) If
(a) a local government delegates a power to make a decision, and
(b) in relation to that delegation, an enactment establishes a right to have a delegated decision reconsidered by the local government,
the local government must, by bylaw, establish procedures for such a reconsideration, including how a person may apply for the reconsideration.
(2) In undertaking a reconsideration referred to in subsection (1), a local government has the same authority as that conferred on the delegate.
195 A local government must not incorporate a corporation or acquire shares in a corporation without first receiving the approval of the inspector.
196 (1) A local government,
(a) must, by bylaw, establish officer positions in relation to the duties under sections 198 [corporate administration] and 199 [financial administration], with titles it considers appropriate,
(b) may, by bylaw, establish other officer positions for its municipality or regional district, with titles it considers appropriate, and
(c) may, by bylaw or resolution, assign powers, duties and functions to those officer positions.
(2) For certainty,
(a) a local government may assign to an officer position powers, duties and functions in addition to those required or permitted to be assigned by this Act or another enactment, and
(b) the same person may be appointed to 2 or more officer positions.
197 One of the officer positions established under section 196 may be assigned the chief administrative responsibility, which includes the following powers, duties and functions:
(a) overall management of the administrative operations of the municipality or regional district;
(b) ensuring that the policies and directions of the local government are implemented;
(c) advising and informing the local government on the operation and affairs of the municipality or regional district.
198 One of the officer positions established under section 196 must be assigned the responsibility of corporate administration, which includes the following powers, duties and functions:
(a) ensuring that accurate minutes of the meetings of the local government and its committees are prepared and that the minutes, bylaws and other records of the business of the local government and its committees are maintained and kept safe;
(b) ensuring that access is provided to records of the local government and its committees, as required by law or authorized by the local government;
(c) certifying copies of bylaws and other documents, as required or requested;
(d) administering oaths and taking affirmations, declarations and affidavits required to be taken under this or any other Act in relation to local government matters;
(e) accepting, on behalf of the local government, municipality or regional district, notices and documents that are required or permitted to be given, served on, filed with or otherwise provided to the local government, municipality or regional district;
(f) keeping the corporate seal, if any, and having it affixed to documents as required.
199 One of the officer positions established under section 196 must be assigned the responsibility of financial administration, which includes the following powers, duties and functions:
(a) receiving all money paid to the municipality or regional district;
(b) ensuring the keeping of all funds and securities of the municipality or regional district;
(c) expending and disbursing money in the manner authorized by the local government;
(d) investing funds, until required, in investments referred to in section 336 [investment of municipal funds];
(e) ensuring that accurate records and full accounts of the financial affairs of the municipality or regional district are prepared, maintained and kept safe;
(f) compiling and supplying information on the financial affairs of the municipality or regional district required by the inspector.
200 (1) Without limiting section 176 [corporate powers], a local government may
(a) provide for the appointment of officers and other employees for its municipality or regional district, and
(b) subject to the Labour Relations Code and the Employment Standards Act, establish the terms and conditions of their employment, including terms and conditions respecting their remuneration, benefits, expenses, hours of work and manner of appointment, promotion, discipline and dismissal.
(2) In the event of a conflict between terms and conditions of employment established by bylaw, resolution or policy and those established by contract of employment or collective agreement, the contract or agreement prevails.
201 Before taking on the duties of office, a person appointed to an officer position for a municipality or regional district must swear or affirm an oath of office in the form prescribed by regulation or established by local government bylaw.
202 Subject to a contract of employment, the appointment of a local government officer may be terminated by the local government as follows:
(a) on reasonable notice, if the termination is approved by an affirmative vote of at least 2/3 of the votes cast;
(b) without notice, for cause, if the termination is approved by a majority of the votes cast.
203 A local government may, by an affirmative vote of at least 2/3 of the votes cast, provide for the inclusion of its municipality or regional district in an employers' organization under the Labour Relations Code.
204 (1) There is to be a board of examiners for the purposes of this Division, composed of 3 members appointed by the Lieutenant Governor in Council on the recommendation of the minister, of whom
(a) one must be nominated by the Union of British Columbia Municipalities,
(b) one must be nominated by the Municipal Officers' Association of British Columbia, and
(c) one must be nominated by the minister.
(2) The members of the board hold office for a term of 3 years or until their successors are appointed.
(3) If a vacancy occurs because of the death or resignation of a member, the member's successor must be nominated and appointed in the same manner as the member originally nominated and appointed.
(4) The members of the board must not receive remuneration for their services, but must be paid by the minister the amount of their travelling and other personal expenses necessarily incurred by them in the discharge of their official duties.
(5) A member of the board may be nominated and reappointed for further terms.
205 (1) The board may do one or more of the following:
(a) establish qualifications and standards for municipal or regional district employment according to office and grades;
(b) grant certificates according to grades and skill to persons possessing the qualifications and meeting the standards;
(c) set and hold examinations for, or pass on the credentials of, a person who is a candidate for a certificate;
(d) cancel a certificate on proof of dishonesty or gross negligence on the part of the holder.
(2) The powers and duties of the board must be exercised and performed in accordance with any applicable regulations made by the board.
(3) The records of the board and the administrative duties in connection with them are the responsibility of the inspector.
206 With the approval of the Lieutenant Governor in Council on the recommendation of the minister, the board may make regulations respecting
(a) the exercise and performance of its powers and duties,
(b) examinations and certificates, and
(c) any other matter within the jurisdiction of the board.
207 (1) Except as established under subsection (2) or by the effect of section 209 [term of office for council members], the council size for municipalities must be as follows:
(a) for a city or district having a population of more than 50 000, the council is to consist of a mayor and 8 councillors;
(b) for a city or district having a population of 50 000 or less, the council is to consist of a mayor and 6 councillors;
(c) for a town or village, the council is to consist of a mayor and 4 councillors.
(2) The council of a city, district or town may, by bylaw, establish the number of council members as a mayor and 4, 6, 8 or 10 councillors.
(3) A bylaw under subsection (2) must provide for an uninterrupted transition from the previous council.
(4) A bylaw under subsection (2) that would reduce the number of council members must not be adopted unless it receives the assent of the electors.
208 (1) Except as established by a temporary order under section 37 (6) (a) [minister's order if local government reduced to less than a quorum], the quorum for a council is as follows:
Number of council members Quorum
5 members 3
7 members 4
9 members 5
11 members 6
(2) The acts done by a quorum of council are not invalid by reason only that the council is not at the time composed of the required number of council members under this Act.
209 (1) The term of office for a mayor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3), whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the mayor's successor takes office, whichever is later.
(2) The term of office for a councillor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3), and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when a sufficient number of council members have taken office to make up a quorum, whichever is later.
210 (1) A person elected or appointed to office on a council must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:
(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;
(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;
(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.
(2) The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace or the municipal officer assigned responsibility under section 198 [corporate administration], and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.
(3) A person takes office on a council
(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the municipal officer assigned responsibility under section 198 [corporate administration], or
(b) at any later time that the person produces the completed oath or certificate to that officer.
(4) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.
(5) A person taking office on a council may also make an oath of allegiance.
(6) Once a council member takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.
211 (1) If a person elected or appointed to office on a council does not make the required oath under section 210 within the time limit set by that section, the office is deemed to be vacant and the person is disqualified from taking and holding office on a local government or on the council of the City of Vancouver until the next general local election.
(2) If a council member is continuously absent from council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled council meetings, whichever is the longer time period, unless the absence is because of illness or with the leave of the council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on a local government or on the council of the City of Vancouver until the next general local election.
212 (1) A council member may resign from office only by delivering a written resignation to the municipal officer assigned responsibility under section 198 [corporate administration].
(2) A resignation becomes effective when it is received by the municipal officer, even if a later date is set out in the resignation, and may not be revoked after the time it is received.
(3) The municipal officer must notify the council of a resignation at its next meeting after the resignation is received or, if there are no other council members, the municipal officer must notify the minister.
213 (1) An application to the Supreme Court for a declaration that a council member is disqualified from holding office and that the office is vacant may be made in accordance with this section.
(2) Except as provided in this section, Division 15 of Part 3 [Declaration of Invalid Election], other than section 143 (7) [time for hearing application], applies in relation to an application under this section.
(3) An application may only be made by at least 4 electors of the municipality.
(4) An application may be made at any time during the challenged person's term of office, but must be made within 30 days after the alleged basis of the disqualification comes to the attention of any of the persons making the application.
(5) Within 7 days after the petition commencing an application is filed, it must be served on the person whose right to hold office is being challenged and on the municipality.
(6) On the hearing of an application, the court may
(a) declare that the person is confirmed as qualified to hold office, or
(b) declare that the person is not qualified to hold office and that the office is vacant.
214 (1) If the council considers that one of its members is disqualified from holding office, the council may adopt a resolution declaring that the office is vacant.
(2) Before taking action under subsection (1), the council must notify the person affected of the proposed action.
(3) Unless an application to the Supreme Court is made under subsection (4), an office declared vacant under subsection (1) becomes vacant 6 days after the resolution is adopted.
(4) A person whose office is declared vacant under subsection (1) may apply to the Supreme Court for a determination of whether the person is qualified to hold the office, but the application must be commenced within 5 days after the resolution is adopted.
(5) Within 7 days after the petition commencing an application under subsection (4) is filed, it must be served on the municipality.
(6) On the hearing of an application under subsection (4), the court may
(a) declare that the person is confirmed as qualified to hold office, or
(b) declare that the person is not qualified to hold office and that the office is vacant.
(7) Section 147 [status of an elected candidate] applies in relation to an application under subsection (4) of this section.
215 to 217 [Repealed 1999-37-56.]
218 (1) The mayor is the head and chief executive officer of the municipality.
(2) In addition to the mayor's powers and duties as a council member, the mayor has the following duties:
(a) to see that the law for the improvement and good government of the municipality is carried out;
(b) to communicate information to the council and to recommend bylaws, resolutions and measures that, in the mayor's opinion, may assist the peace, order and good government of the municipality in relation to the powers conferred on the council by an enactment;
(c) [Repealed 2000-7-21.]
(d) to inspect and direct the conduct of officers and employees, to direct the management of municipal business and affairs and, if considered necessary, to suspend an officer or employee;
(e) so far as the mayor's power extends, to see that negligence, carelessness and violation of duty by an officer or employee is prosecuted and punished.
(3) Every suspension of an officer or employee by the mayor under this section must be reported to the council at its next sitting, and the council may
(a) reinstate the officer or employee,
(b) confirm the suspension,
(c) confirm and extend the suspension, or
(d) dismiss the officer or employee.
(4) The powers and duties set out in subsections (2) (d) and (3) are subject to sections 200 [appointment of officers and employees] and 202 [termination of officer].
219 (1) At any time within one month after a bylaw, resolution or proceeding of the council is adopted, the mayor may return it for reconsideration if it has not
(a) had the assent of the electors,
(b) been reconsidered by the council under subsection (3), or
(c) been acted on by an officer, employee or agent of the municipality.
(2) The mayor may give reasons for returning a matter to the council and the municipal officer assigned responsibility under section 198 [corporate administration] must record in the minutes the mayor's reasons, suggestions or amendments.
(3) As soon as convenient, the council must consider the mayor's reasons and either reaffirm or reject the bylaw, resolution or proceeding.
(4) If a bylaw, resolution or proceeding is rejected, it
(a) is deemed to be repealed and is of no effect, and
(b) must not be reintroduced to the council for 6 months except with the unanimous consent of the council.
(5) The conditions that applied to the adoption of the original bylaw, resolution or proceeding apply to its rejection.
220 (1) A council may appoint one of its members to be deputy mayor and one of its members to be acting mayor.
(2) If the office of mayor becomes vacant, the council must appoint a member to be acting mayor, and the acting mayor is to continue in office until another mayor is elected or appointed.
(3) During the absence, illness or other disability of the mayor, the acting mayor has all the powers of and is subject to the same rules as the mayor.
221 Except where otherwise provided, all questions arising between municipalities must be decided by the mayors of the municipalities or, if they cannot agree, by the Supreme Court, whose decision is final.
222 (1) Following a general local election, the first council meeting must be on the first Monday after December 1 in the year of the election.
(2) If a quorum of council members elected at the general local election has not taken office by the time referred to in subsection (1), the first council meeting must be called by the municipal officer assigned responsibility under section 198 [corporate administration] and held as soon as reasonably possible after a quorum has taken office.
222.1 (1) After its first meeting under section 222, a council must meet
(a) regularly in accordance with its bylaw under section 235 [procedure bylaw], and
(b) as it decides and as provided in this Act.
(2) For the purposes of this Act, a special council meeting is a council meeting other than a statutory, regular or adjourned meeting.
(3) If permitted under subsection (4), a council meeting may be conducted by means of electronic or other communications facilities.
(4) The Lieutenant Governor in Council may make regulations permitting meetings under subsection (3) and prescribing conditions, limits and requirements respecting such meetings.
223 (1) A notice of the day, hour and place of a special council meeting must be given at least 24 hours before the time of meeting, by
(a) posting a copy of the notice at the regular council meeting place, and
(b) leaving one copy for each council member at the place to which the member has directed notices to be sent.
(2) The notice must be signed by the mayor or the municipal officer assigned responsibility under section 198 [corporate administration].
(3) Notice of a special council meeting may be waived by unanimous vote of all council members.
224 (1) Two or more council members may, in writing, request the mayor to call a special council meeting.
(2) Two or more council members may call a special council meeting if
(a) within 24 hours after receiving a request under subsection (1), the mayor refuses or neglects to arrange for the special council meeting to be held within 7 days after receiving the request, or
(b) the mayor is absent.
(3) If a special council meeting is called under subsection (2), the council members calling the meeting must sign the notice under section 223.
225 and 226 [Repealed 1999-37-58.]
227 (1) The mayor, if present, must preside at council meetings.
(2) If the mayor, deputy mayor and the acting mayor are absent from a council meeting,
(a) the members present must choose a member to preside, and
(b) the presiding member has, for that purpose, all the powers of and is subject to the same rules as the mayor.
(3) Any council member may preside in committee of the whole.
228 The mayor or the member presiding at a council meeting must preserve order and decide points of order that may arise, subject to an appeal to the other council members present.
229 (1) On an appeal by a council member from a decision of the mayor or the member presiding at a council meeting, the question as to whether the chair is to be sustained must be immediately put by the mayor or presiding member and decided without debate.
(2) The mayor or presiding member must be governed by the vote of the majority of the other council members present.
(3) If the votes are equal, the question passes in the affirmative.
(4) The names of the council members voting for or against the question must be recorded in the minutes.
(5) If the mayor or presiding member refuses to put the question under subsection (1),
(a) the council must immediately appoint another member to preside temporarily,
(b) that other member must proceed in accordance with subsection (1), and
(c) a resolution or motion carried under this subsection is as binding as if carried under subsection (1).
230 (1) This section applies to council meetings in relation to
(a) council meetings, and
(b) meetings of committees referred to in section 235 (1) (b) [standing, select and other council committees].
(2) A council member present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative.
(3) If the votes of the council members present at the meeting at the time of the vote are equal for and against a question, the question is negatived and the presiding member must declare this result.
231 (1) This section applies to council meetings in relation to
(a) council meetings,
(b) meetings of committees referred to in section 235 (1) (b) [standing, select and other council committees], and
(c) meetings of bodies that are subject to section 242.7 [application to other municipal bodies].
(2) If a council member attending a meeting considers that he or she is not entitled to
(a) participate in the discussion of a matter, or
(b) vote on a question in respect of a matter
because the member has a direct or indirect pecuniary interest in the matter or for any other reason, the member must declare this and state the general nature of why the member considers this to be the case.
(3) After making the declaration, the member
(a) must not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter,
(b) must immediately leave the meeting or that part of the meeting during which the matter is under consideration, and
(c) must not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.
(4) When the declaration is made,
(a) the person recording the minutes of the meeting must record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and
(b) the person presiding at the meeting must ensure that the member is not present at the meeting at the time of any vote on the matter.
(5) Whether or not a declaration is made under subsection (2), if a council member has a direct or indirect pecuniary interest in a matter, the member must not
(a) participate in the discussion of the matter,
(b) vote on a question in respect of the matter, or
(c) attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.
(6) Subsection (5) does not apply
(a) if the pecuniary interest of the council member is a pecuniary interest in common with electors of the municipality generally,
(b) if the matter relates to remuneration or expenses payable to one or more council members in relation to their duties as council members, or
(c) if the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter.
(7) A person who contravenes subsection (5) is disqualified from continuing to hold office as a council member unless the contravention was done inadvertently or because of an error in judgment made in good faith.
(8) If otherwise qualified, a person disqualified under subsection (7) is qualified to be nominated and elected in the by-election to fill the vacancy created by this disqualification and, if elected, is qualified to hold the office.
(9) The council may apply to the Supreme Court for an order under subsection (10) if, as a result of subsection (2), the number of council members who may discuss and vote on a matter falls below
(a) the quorum for the council, or
(b) the number of council members required to adopt the applicable bylaw or resolution.
(9.1) An application under subsection (9) may be made without notice to any other person.
(10) On an application under subsection (9), the court may
(a) order that all or specified council members may discuss and vote on the matter, despite the other provisions of this section, and
(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.
232 (1) If an enactment provides that a council is required or empowered to exercise a power by bylaw, that power may only be exercised by bylaw.
(2) Except as restricted by subsection (1), the powers of a council may be exercised by resolution or bylaw.
(3) An act or proceeding of a council is not valid unless it is authorized or adopted by bylaw or resolution at a council meeting.
233 Unless otherwise provided, all acts to be done by the council, and all other questions, including adjournment, that may come before the council must be done and decided by a majority of the council members present at a meeting.
234 A requirement in this Act for an affirmative vote of at least 2/3 of all members of a council means an affirmative vote of at least 2/3 of the number of members of which the council consists under this Act.
235 (1) The council must, by bylaw, do the following:
(a) establish the procedures that are to be followed for the conduct of its business, including the manner by which resolutions may be passed and, in accordance with section 258 [establishment of procedures for adopting bylaws], by which bylaws may be adopted;
(b) establish the procedures that are to be followed in conducting meetings of
(i) select and standing committees of council, and
(ii) any other committee composed solely of council members acting in that capacity;
(c) establish the time and place of regular meetings of council;
(d) require advance public notice respecting the time, place and date of council and committee meetings and establish the procedures for giving that notice.
(2) A bylaw under this section must not be altered except by a bylaw passed at a regular council meeting in accordance with a notice in writing given and openly announced at an earlier regular meeting.
236 (1) Minutes of council meetings must be
(a) legibly recorded,
(b) certified as correct by the designated municipal officer,
(c) signed by the mayor or other member presiding at the meeting or at the next meeting at which they are adopted, and
(d) open for public inspection at the municipal hall during its regular office hours.
(2) Subsection (1) (d) does not apply to minutes of that part of a council meeting from which persons were excluded under section 242.2 [closed meetings].
237 Minutes of a committee referred to in section 235 (1) (b) [standing, select and other council committees] must be
(a) legibly recorded,
(b) signed by the chair or member presiding at the meeting, and
(c) open for public inspection as provided for council minutes under section 236.
238 (1) A council may appoint a select committee to consider or inquire into any matter and to report its findings and opinion to the council.
(2) Subject to subsection (3), persons who are not council members may be appointed to a select committee.
(3) At least one member of a select committee must be a council member.
239 (1) The mayor may establish standing committees for matters the mayor considers would be better dealt with by committee and may appoint persons to those committees.
(2) Subject to subsection (3), persons who are not council members may be appointed to a standing committee.
(3) At least half of the members of a standing committee must be council members.
240 (1) A council, a standing committee or a select committee
(a) has power, under the signature of the mayor, to summon witnesses for examination on oath for matters about the administration of the municipality, and
(b) has the same power to enforce the attendance of witnesses and compel them to give evidence as is vested in a court of law in civil cases.
(2) A member of council or of a standing or select committee or the municipal officer assigned responsibility under section 198 [corporate administration] may administer the oath to a witness.
(3) A witness may be examined, cross examined and re-examined according to the rules and practice of the Supreme Court in civil cases.
241 (1) This section applies to petitions to council, other than counter petitions under Division 5 of Part 4 [Other Voting – Counter Petition Opportunities].
(2) A petition to a council must include the full name and residential address of each petitioner.
(3) A person may not withdraw their name from the petition or add a name to the petition
(a) if no time has been set under this Act for submission of the petition, after the petition has been certified as sufficient, and
(b) in other cases, after the time set for submission of the petition.
(4) Except as otherwise provided, the sufficiency and validity of a petition to a council must be determined by the municipal officer assigned responsibility under section 198 [corporate administration], who must certify this determination.
(5) A determination under subsection (4) is final and conclusive.
242 [Repealed 2000-7-28.]
242.1 Subject to section 242.2 [closed meetings], a council meeting must be open to the public.
242.2 (1) A part of a council meeting may be closed to the public if the subject matter being considered relates to one or more of the following:
(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;
(b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;
(c) labour relations or employee negotiations;
(d) the security of property of the municipality;
(e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure might reasonably be expected to harm the interests of the municipality;
(f) law enforcement, if the council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an Act, regulation or bylaw;
(g) consideration of whether paragraph (e) or (f) applies in relation to a matter;
(h) litigation or potential litigation affecting the municipality;
(i) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(j) information that is prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act;
(k) a matter that, under another enactment, is such that the public may be excluded from the meeting;
(l) a matter prescribed by regulation under section 242.8.
(2) A part of a council meeting must be closed to the public if the subject matter relates to one or more of the following:
(a) a request under the Freedom of Information and Protection of Privacy Act if the council is designated as head of the local public body for the purposes of that Act in relation to the matter;
(b) a matter that, under another enactment, is such that the public must be excluded from the meeting.
(3) If the only subject matter being considered at a council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.
242.3 Before a meeting or part of a meeting is closed to the public, the council must state, by resolution,
(a) the fact that the meeting is to be closed, and
(b) the basis under section 242.2 on which the meeting is to be closed.
242.4 A council must not vote on the reading or adoption of a bylaw when its meeting is closed to the public.
242.5 If the mayor or other person presiding at a meeting of the council considers that a person is guilty of improper conduct, the person presiding may expel and exclude the other person from the meeting.
242.6 This Division applies to meetings of committees referred to in section 235 (1) (b) [select, standing and other council committees].
242.7 Subject to the regulations under section 242.8, this Division and section 237 [minutes of council committees] apply to meetings of the following:
(a) a body that under this or another Act may exercise the powers of the municipality or council;
(b) a board of variance;
(c) a local court of revision;
(d) an advisory committee, or other advisory body, established by council under this or another Act;
(e) a prescribed body.
242.8 The Lieutenant Governor in Council may make regulations to do one or more of the following:
(a) prescribing a matter for the purposes of section 242.2 (1) (l) [meetings that may be closed];
(b) prescribing a body or class of body for the purposes of section 242.7 (e) [application to other bodies];
(c) in relation to section 242.7, excluding a specified body from the application of this Division or section 237 [minutes of council committees], or both;
(d) modifying any of the provisions of this Division or section 237 [minutes of council committees], or both, in relation to a body that is subject to this Division under section 242.7.
243 (1) To honour a distinguished person, by unanimous vote of its members, a council may confer freedom of the municipality on that person.
(2) Until the council revokes the honour, a person given freedom of the municipality
(a) is deemed to be an elector of the municipality and is eligible to be registered as such and to vote in an election for mayor or councillor, and
(b) despite any other enactment, if the person is a Canadian citizen, is deemed to be qualified to be nominated, be elected and hold the office of mayor of the municipality.
(3) To honour a distinguished unit of the armed forces of Canada, the United Kingdom or another nation of the Commonwealth, by unanimous vote of its members, a council may confer freedom of the municipality on that unit.
(4) The commanding officer of a unit honoured with freedom of the municipality has by virtue of office the same qualifications and privileges of a person honoured with freedom of the municipality.
244 A council may declare that a public holiday is to be observed in the municipality, either on a day named by the council or on a day determined and proclaimed by the mayor.
245 A council may, by bylaw, provide for a referendum to obtain the electors' opinion on a question that affects the municipality and with which the council has power to deal.
246 (1) A municipality may join with another municipality to exercise a power conferred by this Act.
(2) An agreement under this section is not valid until ratified by a bylaw adopted by each council.
(3) For the purpose of this section,
(a) the powers of a municipality extend beyond the boundaries of the municipality, and
(b) "municipality" includes the City of Vancouver.
247 The council has all necessary power to do anything incidental or conducive to the exercise or performance of its powers, duties and functions.
248 In addition to the powers of a council under this Act, the minister may confer on the council further powers to manage and dispose of municipal assets that the minister considers necessary or advisable.
249 On request by a council, the Lieutenant Governor in Council may, to the extent not inconsistent with the purposes of this or any other Act, confer further powers on the council necessary to
(a) preserve and promote the peace, order and good government of the municipality and the health, safety, morality and welfare of its citizens, and
(b) provide for protection of persons and property.
250 If the powers conferred on a council are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the council may, by bylaw adopted by a vote of at least 2/3 of the council members, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.
251 (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified municipality or a described class of municipalities:
(a) grant a power to the municipality or class;
(b) provide an exception to or a modification of a requirement established by an enactment;
(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding
(i) the grant of a power under paragraph (a) or the exercise of it, or
(ii) an exception or modification under paragraph (b) or the taking of its benefit.
(2) A regulation made under this section must not do any of the following:
(a) confer an authority otherwise available to a municipality, including any power that may be granted or exercised under
section 247 [incidental powers],
section 248 [further powers in relation to municipal assets],
section 249 [further powers for public good], or
section 250 [emergency powers];
(b) override an absolute prohibition contained in an enactment;
(c) confer an authority to impose a new tax;
(d) confer an authority to grant a new tax exemption;
(e) eliminate a requirement for obtaining the assent of the electors;
(f) any other thing prohibited by regulation under subsection (3).
(3) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority conferred under this section.
252 and 253 [Repealed 1999-37-65.]
254 to 256 [Repealed 1999-37-66.]
257 (1) Before a bylaw is adopted by a council, it must be given 3 readings by the council.
(2) There must be at least one day between the third reading and the adoption of a bylaw.
(3) If this or another Act requires that a bylaw receive
(a) approval of the Lieutenant Governor in Council, a minister or the inspector, or
(b) approval of the electors through a counter petition opportunity or assent of the electors,
the approval must be obtained after the bylaw has been given third reading and before it is adopted.
(4) If this or another Act requires that a bylaw receive both
(a) approval of the Lieutenant Governor in Council, a minister or the inspector, and
(b) approval of the electors through a counter petition opportunity or assent of the electors,
the approval under paragraph (a) must be obtained before the bylaw is submitted for approval under paragraph (b).
(5) Once adopted, a bylaw must
(a) be signed by the mayor or other presiding member of the council meeting at which it was adopted, and
(b) be signed by the municipal officer assigned responsibility under section 198 [corporate administration].
258 (1) A council must, in its bylaw under section 235 [procedure bylaw], establish the procedure that, subject to this Part, is to be followed in adopting bylaws.
(2) Subject to section 257 (2), the bylaw may permit 2 or more readings at one meeting of council.
258.1 Unless otherwise provided,
(a) the power to adopt a bylaw under this or any other Act includes the power to repeal or amend the original bylaw,
(b) the included power to amend or repeal must be exercised by bylaw and is subject to the same approval and other requirements, if any, as the power to adopt the original bylaw, and
(c) the included power may be exercised in the original bylaw.
259 A municipal bylaw comes into force on the later of
(a) the date it is adopted by council, and
(b) a date set by the bylaw.
259.1 (1) Subject to this Act, a council may exercise some or all of its powers under this Act by the adoption of a comprehensive general bylaw.
(2) Without limiting the authority of a council under subsection (1), a comprehensive general bylaw under that subsection may be cited as "The (name of municipality) Municipal Code".
(3) A comprehensive general bylaw under subsection (1) is subject to all requirements that would apply to the exercise of the powers by separate bylaws.
259.2 A printed document purporting
(a) to be a copy of a municipal bylaw, and
(b) to be printed by authority of the council of the municipality
is proof, in the absence of evidence to the contrary, of the bylaw and of the fact of its passage.
259.3 (1) The bylaws of a municipality must be available for public inspection in the municipal hall during its regular office hours.
(2) and (3) [Repealed 1999-37-67.]
260 In this Division, "bylaw" includes an order or resolution.
261 A bylaw, contract or other proceeding of a council must not be set aside or declared invalid if the only reason for doing so is that
(a) a person sitting or voting as a council member was not qualified to be a council member at or before the time of the proceeding,
(b) a council member renounced claim to office on council,
(c) an election for council was set aside or declared invalid after the proceeding, or
(d) an election of a council member was set aside or declared invalid after the proceeding.
262 (1) On application of an elector of a municipality, or of a person interested in a bylaw of the council, the Supreme Court may
(a) set aside all or part of the bylaw for illegality, and
(b) award costs for or against the municipality according to the result of the application.
(2) Subsection (1) does not apply to a security issuing bylaw providing for the issue of debenture or other evidence of indebtedness to a regional district or to the Municipal Finance Authority of British Columbia.
(3) Notice of an application to set aside a bylaw, stating the grounds of the application, must be served on the municipality as follows:
(a) if the bylaw is a security issuing bylaw, the notice must be served at least 5 days before the hearing and not more than 10 days after the adoption of the bylaw;
(b) if the bylaw is a bylaw requiring the assent of the electors that the council purported to adopt without assent, the notice may be served more than one month after the adoption of the bylaw, but must be served at least 10 days before the hearing;
(c) in any other case, the notice must be served at least 10 days before the hearing and not more than one month after the adoption of the bylaw.
(4) Except for a bylaw referred to in subsection (3) (b), an order under this section relating to a bylaw must not be made unless the application is heard within 2 months after the adoption of the bylaw.
263 A person assessed under or subject to a rate under a bylaw by which an assessment is made or a rate is imposed is not entitled to plead a defect in the bylaw as a defence to a claim for payment of that rate except by application to set aside the bylaw.
264 (1) An application for a declaratory order relating to a bylaw must not be entertained more than one month after the adoption of the bylaw, if the application is brought on the ground of
(a) irregularity in the method of enactment, or
(b) irregularity in the form of a bylaw.
(2) Except for a bylaw referred to in section 262 (3) (b), a declaratory order relating to a bylaw must not be made unless the application is heard within 2 months after the adoption of the bylaw.
265 (1) If
(a) all or part of a bylaw is illegal, and
(b) anything has been done under the bylaw that, because of the illegality, gives a person a right of action,
the action must not be brought until the end of the time period under subsection (2).
(2) An action referred to in subsection (1) must not be brought until
(a) one month after all or part of the bylaw has been set aside, and
(b) one month's notice has been given to the municipality.
(3) An action referred to in subsection (1) must be brought against the municipality only, and not against a person acting under the bylaw.
266 A council may make bylaws for
(a) the purposes of enforcing the bylaws of the municipality by fine, imprisonment or both, and
(b) inflicting fines, penalties and costs.
267 (1) If a bylaw establishes a lawful regulation or requirement to be observed in a municipality, a person who breaches the regulation or requirement commits an offence that is punishable in the same manner as if the bylaw had expressly forbidden persons from doing or refraining from doing the act.
(2) In a prosecution for an offence against a municipal bylaw, the justice or court may impose all or part of the penalty or punishment authorized by the bylaw, this Act or the Offence Act, together with the costs of prosecution.
(3) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justice or court may, by order, authorize all or part of the penalty and costs to be levied by distress and sale of the offender's goods and chattels.
(4) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the justice or court may commit the offender to imprisonment for the term, or part of the term, specified in the bylaw.
268 If a council has authority to direct that a matter or thing be done by a person or that regulations be observed, the council may, by bylaw, authorize officers, employees and agents of the municipality to enter at all reasonable times on any property that is subject to the direction to ascertain whether the requirement is being met or the regulations are being observed.
269 (1) If a council has authority to require that a matter or thing be done by a person, the council may also direct that, if the person fails to take the required action, the matter or thing is to be done at the expense of the person in default with the costs incurred by the municipality recoverable from the person as a debt.
(2) Section 376 applies to an amount recoverable under subsection (1) that is incurred for work done or services provided to land or improvements.
270 [Repealed 1999-37-70.]
271 In this Division, "justice" has the same meaning as in the Offence Act.
272 (1) A council or a regional district board may, by bylaw,
(a) designate for the purpose of this section a bylaw that comes within a category of bylaws prescribed under section 280 (b),
(b) designate as a bylaw enforcement officer a person who comes within a class of persons prescribed under section 280 (c), and
(c) authorize the use of any word or expression on a ticket issued under subsection (2) to designate an offence against a bylaw.
(2) If a bylaw is designated under subsection (1), a bylaw enforcement officer may lay an information by means of a ticket for contravention of the bylaw.
(3) Despite section 13 (1) of the Offence Act, an information laid by means of a ticket is valid whether or not it is taken under oath.
(4) The use on a ticket of
(a) any word or expression authorized by bylaw under subsection (1) (c) to designate an offence against a bylaw, or
(b) a general description of an offence against a bylaw,
is deemed sufficient for all purposes to describe the offence designated by that word or expression or general description.
(5) For the purpose of section 274 (1), after consultation with the chief judge of the Provincial Court, the council or the regional district board may, by bylaw, set a fine not greater than $500 for contravention of a bylaw.
(6) If a minimum or maximum fine is established by a bylaw, the fine set under subsection (5) must be not less than the minimum or more than the maximum fine established by the bylaw.
273 (1) When laying an information by means of a ticket, a bylaw enforcement officer must indicate on the ticket the offence charged and must sign the ticket.
(2) The bylaw enforcement officer must serve the ticket on the person alleged to have contravened the bylaw.
(3) Service of a ticket under subsection (2) may be effected by
(a) serving a copy of the ticket on the person alleged to have contravened the bylaw immediately after the alleged contravention, or
(b) causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.
(4) Service of a ticket under subsection (2) may be proved by
(a) the oral evidence given under oath of the person who served it, or
(b) the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.
(5) The certificate referred to in subsection (4) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature.
274 (1) If a fine set in accordance with section 272 (5) is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,
(a) pay the fine indicated on the ticket to the council or regional district board in accordance with the prescribed instructions, or
(b) dispute the allegation contained in the ticket by
(i) delivering or having delivered to the address set out in the ticket a written notice of dispute, or
(ii) appearing in person at the location set out in the ticket to give notice of dispute.
(2) A notice of dispute under subsection (1) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.
(3) For the purpose of subsection (1), a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed.
275 (1) A person who pays a fine in accordance with section 274 (1) (a) is deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed.
(2) If a person who is served with a ticket pays the fine as referred to in subsection (1), no conviction need be drawn up or entered unless it is required under the bylaw contravened or by the person convicted or by a prosecutor.
276 (1) If notice of dispute is given in accordance with section 274 (1) (b), the council or regional district board must refer the ticket to the Provincial Court for a hearing.
(2) If a ticket is referred to the Provincial Court for a hearing under subsection (1), the clerk of the court must send to the person who was served with the ticket, by ordinary mail to the person's address set out in the notice of dispute, a notice of the hearing specifying a time and place for the appearance of the person before a justice.
(3) If a person appears before a justice at the time and place specified in the notice of the hearing referred to in subsection (2), section 58 of the Offence Act does not apply to the person and the justice has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person.
(4) If a person who is served with a ticket has
(a) appeared before a justice at the time and place specified in the notice of the hearing referred to in subsection (2), and
(b) pleaded guilty to or been found guilty of the offence with which the person was charged in the ticket,
no conviction need be drawn up or entered unless it is required under the bylaw contravened or by the person convicted or by a prosecutor.
277 (1) A person is deemed to have not disputed a charge if the person fails to appear before a justice to dispute the charge
(a) at the time and place specified in the notice of the hearing referred to in section 276 (2), or
(b) at a new time and place set under section 279 (4).
(2) If a person is deemed under subsection (1) to have not disputed a charge, a justice must examine the ticket and proceed as follows:
(a) if the ticket is complete and regular on its face, the justice must
(i) convict the person in the person's absence and without a hearing, and
(ii) impose the fine set under section 272 (5) for the offence charged;
(b) if the ticket is not complete and regular on its face, the justice must quash the proceeding.
(3) Nothing in subsection (1) or (2) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.
278 (1) A person served with a ticket under section 273 is deemed to have not disputed the charge if
(a) the person does not pay the fine or dispute the charge, as provided in section 274 (1), and
(b) at least 14 days have elapsed after the ticket was served on the person.
(2) If a person is deemed under subsection (1) to have not disputed the charge, a justice, on being satisfied that the conditions set out in that subsection have been met, must examine the ticket and proceed as follows:
(a) if the ticket is complete and regular on its face, the justice must
(i) convict the person in the person's absence and without a hearing, and
(ii) impose the fine set under section 272 (5) for the offence charged;
(b) if the ticket is not complete and regular on its face, the justice must quash the proceeding.
(3) The conditions set out in subsection (1) may be proved to the satisfaction of the justice by oral evidence given under oath or by affidavit in the prescribed form.
(4) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.
279 (1) A person who is served with a ticket may appear before a justice if
(a) the person has, through no fault of that person, not had an opportunity to dispute the charge, and
(b) not more than 30 days have elapsed since the end of the period referred to in section 274 (1).
(2) If a person appears before a justice under subsection (1), the justice, on being satisfied of the facts by affidavit in the prescribed form, must
(a) strike out the conviction, if any, and
(b) allow the person 14 days after the date on which the conviction is struck to dispute the charge in accordance with section 274 (1).
(3) If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in section 276 (2), the person may, within 30 days after the date specified in the notice, appear before a justice for a determination of whether or not the failure to appear was the person's fault.
(4) If a person appears before a justice under subsection (3) and the justice is satisfied by affidavit in the prescribed form that the failure to appear was not the person's fault, the justice must
(a) strike out the conviction, if any, and
(b) set a new time and place for the appearance of the person before a justice.
(5) If a conviction is struck out under subsection (2) or (4), the justice must give the person a certificate of the fact in the prescribed form.
280 The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the form and content of the tickets issued under section this Division;
(b) prescribing, by reference to their subject matter or otherwise, categories of bylaws for the purpose of section 272 (1) (a);
(c) prescribing classes of persons for the purpose of section 272 (1) (b);
(d) prescribing the form of a certificate of service for the purpose of section 273 (4);
(e) prescribing instructions for paying a fine for the purpose of section 274 (1) (a);
(f) prescribing the form of affidavits for the purposes of section 278 (3) and 279 (2) and (4);
(g) prescribing the form of a certificate under section 279 (5).
280.1 (1) A council may, by bylaw, authorize a designated municipal officer to consolidate one or more of the bylaws of the municipality.
(2) In consolidating a bylaw, the officer must
(a) incorporate in it all amendments that have been made to the bylaw, and
(b) omit any provision that has been repealed or that has expired.
(3) A printed document purporting
(a) to be a copy of a bylaw consolidated under this section, and
(b) to be printed by authority of the designated officer
is proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of passage of the original and all amending bylaws.
280.2 (1) A council may, by bylaw, authorize the revision of all or any of the bylaws of the municipality.
(2) A bylaw under subsection (1) may authorize one or more of the following:
(a) consolidating a bylaw by incorporating in it all amendments to the bylaw;
(b) omitting and providing for the repeal of a bylaw or a provision of a bylaw that is expired, inoperative, obsolete, spent or otherwise ineffective;
(c) omitting, without providing for its repeal, a bylaw or a provision of a bylaw that is of a transitional nature or that refers only to a particular place, person or thing or that has no general application throughout the municipality;
(d) combining 2 or more bylaws into one, dividing a bylaw into 2 or more bylaws, moving provisions from one bylaw to another and creating a bylaw from provisions of one or more bylaws;
(e) altering the citation and title of a bylaw and the numbering and arrangement of its provisions;
(f) adding, changing or omitting a note, heading, title, marginal note, diagram, map, plan or example to a bylaw;
(g) omitting the preamble and long title of a bylaw;
(h) omitting forms or schedules contained in a bylaw that can more conveniently be contained in a resolution, and adding to the bylaw authority for forms or schedules to be established by resolution;
(i) correcting clerical, grammatical and typographical errors;
(j) making changes, without changing the substance of the bylaw, to bring out more clearly what is considered to be the meaning of a bylaw or to improve the expression of the law.
280.3 (1) Subject to this Act, a bylaw under section 280.2 may authorize a revision to consolidate and revise bylaw provisions respecting any or all matters within the jurisdiction of the municipality into a comprehensive general bylaw.
(2) Without limiting the authority of a council under subsection (1), a comprehensive general bylaw consolidated under that subsection may be cited as provided in section 259.1.
(3) Changes to a comprehensive general bylaw consolidated under subsection (1) are subject to all requirements that would apply to the exercise of the powers by separate bylaws.
280.4 (1) In order to be effective, a revised bylaw must be adopted by bylaw.
(2) Before a bylaw under subsection (1) is given third reading, the municipal officer assigned responsibility under section 198 [corporate administration] must certify that the proposed revised bylaw has been revised in accordance with the bylaw authorizing the revision.
(3) After a proposed revised bylaw is certified under subsection (2) and before it is adopted, it may only be amended if the change made by the amendment is in accordance with the bylaw authorizing the revision.
(4) A bylaw under subsection (1) must specify the date on which the revised bylaw is to come into force.
(5) A revised bylaw adopted under this section is deemed to have been adopted as if all requirements respecting the approval and adoption of the bylaw provision for which a provision in the revised bylaw is substituted have been met.
280.5 (1) When a revised bylaw comes into force, the bylaw provisions that it revises are repealed to the extent that they are incorporated in the revised bylaw.
(2) A reference in an enactment or document to a provision of a bylaw that has been repealed under subsection (1) is deemed, in respect of any transaction, matter or thing occurring after the revised bylaw comes into force, to be a reference to the provision of the revised bylaw that has been substituted for the repealed provision.
(3) A revised bylaw does not operate as new law but has effect and must be interpreted as a consolidation of the law contained in the bylaw provisions replaced by the revised bylaw.
(4) To the extent that a provision of a revised bylaw has the same effect as the provision of a previous bylaw for which it is substituted, the provision of the revised bylaw operates retrospectively as well as prospectively and is deemed to have come into force on the date on which the previous bylaw provision came into force.
(5) If a provision of a revised bylaw does not have the same effect as the provision of a previous bylaw for which it is substituted,
(a) the provision of the previous bylaw prevails with respect to all transactions, matters and things occurring before the date on which the revised bylaw comes into force, and
(b) the provision of the revised bylaw prevails with respect to all later transactions, matters and things.
280.6 (1) If an error is made in the revision of a bylaw and the revised bylaw has been adopted under section 280.4, the error may be corrected by bylaw in accordance with the bylaw authorizing the revision.
(2) A bylaw under subsection (1) is deemed to have been adopted as if all requirements respecting the approval and adoption of a bylaw provision for which the provision in the revised bylaw was substituted have been met.
281 (1) A bylaw adopted under this Act may be enforced by a proceeding in the Supreme Court, and the breach of this Act or a bylaw, resolution or regulation of a council may be restrained by a proceeding in the Supreme Court whether or not a penalty has been imposed for the breach.
(2) A civil proceeding to enforce, or to prevent or restrain the breach of, a bylaw, resolution or regulation of a council or a provision of this Act, or relating to any damage to or interference with a highway or property of a municipality, may be brought in the name of the municipality.
(3) It is not necessary that the Provincial government, the Attorney General or an officer of the Provincial government be plaintiff to a proceeding referred to in subsection (2).
(4) In a proceeding referred to in subsection (2), the municipality must serve a copy of the originating documents on the Attorney General
(a) before the end of the time limited for appearance by the defendant, or
(b) within a further time that may be allowed by the court.
282 (1) If a building is erected, altered or used, or land is altered or used, in contravention of this Act or a bylaw under this Act, the municipality may commence a court proceeding at its own instance to restrain the contravention.
(2) The authority under subsection (1) is in addition to any other remedy or penalty provided by or under this Act.
283 (1) In addition to other remedies in this Act for the collection and recovery of gas, electrical energy or water rates authorized by this Act, the payment of those rates may be enforced by distress and sale of the goods and chattels of the person owing the rates wherever those chattels are found in the municipality.
(2) The costs chargeable in relation to distress under this section are those payable under the Rent Distress Act, unless another scale is provided under this Act.
284 A council may, by bylaw, regulate and alter the scale of costs payable in cases of distress under this Act.
285 All actions against a municipality for the unlawful doing of anything that
(a) is purported to have been done by the municipality under the powers conferred by an Act, and
(b) might have been lawfully done by the municipality if acting in the manner established by law,
must be commenced within 6 months after the cause of action first arose, or within a further period designated by the council in a particular case, but not afterwards.
286 (1) A municipality is in no case liable for damages unless notice in writing, setting out the time, place and manner in which the damage has been sustained, is delivered to the municipality within 2 months from the date on which the damage was sustained.
(2) In case of the death of a person injured, the failure to give notice required by this section is not a bar to the maintenance of the action.
(3) Failure to give the notice or its insufficiency is not a bar to the maintenance of an action if the court before whom it is tried, or, in case of appeal, the Court of Appeal, believes
(a) there was reasonable excuse, and
(b) the defendant has not been prejudiced in its defence by the failure or insufficiency.
287 (1) In this section, "municipal public officer" means any of the following:
(a) a member of a council;
(b) a director of a regional board;
(c) a trustee of an improvement district;
(d) a member of
(i) a commission established under section 176 (1) (g),
(ii) an athletic commission established under section 722.1, or
(iii) a library board under the Library Act;
(e) a commissioner for a local community commission under section 838;
(f) a member of any greater board or of any board that provides similar services and is incorporated by letters patent;
(g) a member of an advisory planning commission under section 898;
(h) a member of a board of variance under section 899;
(i) a member of the Okanagan-Kootenay Sterile Insect Release Board or an officer or employee of that board;
(j) a member of the Okanagan Basin Water Board;
(k) a trustee of a body of the Islands Trust under the Islands Trust Act;
(l) an officer or employee of a municipality, regional district, improvement district, library board under the Library Act, a greater board referred to in paragraph (f), the trust council under the Islands Trust Act or the Okanagan Basin Water Board;
(m) an election official within the meaning of Part 3 and a regional voting officer under section 167;
(n) a volunteer firefighter or a special constable;
(o) a volunteer who participates in the delivery of services by a municipality, regional district or a body referred to in paragraphs (c) to (k) under the supervision of an officer or employee of the municipality, regional district or any of those bodies;
(p) a member of a board of cemetery trustees established or appointed by a municipality under the Cemetery and Funeral Services Act;
(q) a member of a select or standing committee who is appointed under section 238 (2), 239 (2), 740.1 (3) or 795 (3), as applicable.
(2) No action for damages lies or may be instituted against a municipal public officer or former municipal public officer
(a) for anything said or done or omitted to be said or done by that person in the performance or intended performance of the person's duty or the exercise of the person's power, or
(b) for any alleged neglect or default in the performance or intended performance of that person's duty or exercise of that person's power.
(3) Subsection (2) does not provide a defence if
(a) the municipal public officer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or
(b) the cause of action is libel or slander.
(4) Subsection (2) does not absolve any of the corporations or bodies referred to in subsection (1) (a) to (k) from vicarious liability arising out of a tort committed by any of the individuals referred to in subsection (1) for which the corporation or body would have been liable had this section not been in force.
287.1 It is a good defence to any action brought against the officer assigned responsibility under section 199 [financial administration] for unlawful expenditure of local government funds if it is proved that the individual gave a written and signed warning to the council or board that, in his or her opinion, the expenditure would be unlawful.
287.2 (1) If
(a) an action or prosecution is brought against a council member or municipal officer or employee in connection with the performance of the person's duties, or
(b) an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration of a department of the municipality or the conduct of a part of the municipal business,
the council may, by a vote of at least 2/3 of all members, pay amounts required for the protection, defence or indemnification of the member, officer or employee and to cover the costs necessarily incurred and damages recovered in relation to the matter.
(2) A council must not pay a fine that is imposed on a member, officer or employee as a result of the person's conviction for a criminal offence.
(3) A resolution or bylaw under subsection (1) is not invalid by reason only that a council member who would be entitled to payment under the resolution voted on it.
(4) A council may, by bylaw, provide that the municipality will indemnify a member, officer or employee against a claim for damages against the person arising out of the performance of the person's duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim.
(5) Except as permitted under subsection (6), a council must not seek indemnity against a member, officer or employee in respect of any action of the person that results in a claim for damages against the municipality.
(6) A council may seek indemnity against a member, officer or employee if
(a) the claim arises out of the gross negligence of that person, or
(b) in relation to the action that gave rise to the claim against an officer or employee, he or she wilfully acted contrary to the terms of the person's employment or an order of a superior.
(7) This section applies to the persons referred to in section 287 (1) (d), (g), (h), (i), (j), (k), (l), (n), (o), (p) and (q) [immunity for individual municipal public officers] as though those persons were officers or employees of the municipality.
288 A municipality, council, regional district, board or improvement district, or a greater board, is not liable in any action based on nuisance or on the rule in the Rylands v. Fletcher case if the damages arise, directly or indirectly, out of the breakdown or malfunction of
(a) a sewer system,
(b) a water or drainage facility or system, or
(c) a dike or a road.
289 A municipality or a member of its council, a regional district or a member of its board, or an officer or employee of a municipality or regional district, is not liable for any damages or other loss, including economic loss, sustained by any person, or to the property of any person, as a result of neglect or failure, for any reason, to enforce, by the institution of a civil proceeding or a prosecution, a bylaw under Part 21 or a regulation under section 692 (1).
290 (1) If a municipality issues a building permit for a development that does not comply with the Provincial building code or another applicable enactment respecting safety, the municipality must not be held liable, directly or vicariously, for any damage, loss or expense caused or contributed to by an error, omission or other neglect in relation to its approval of the plans submitted with the application for the building permit if
(a) a person representing himself or herself as a professional engineer or architect registered as such under Provincial legislation certified, as or on behalf of the applicant for the permit, that the plans or the aspects of the plans to which the non-compliance relates complied with the then current building code or other applicable enactment to which the non-compliance relates, and
(b) the municipality, in issuing the building permit, indicated in writing to the applicant for the permit that it relied on the certification referred to in paragraph (a).
(2) Subsection (1) does not apply if a municipality knew that the person making the certification referred to in that subsection was not, at the time of certification, registered as a professional engineer or architect under Provincial legislation.
(3) If a municipality makes an indication in accordance with subsection (1) (b), the municipality must reduce the fee for the building permit to reflect the costs of the work that would otherwise be done by a building inspector to determine whether the plans or the aspects of the plans that were certified to comply do in fact comply with the Provincial building code and other applicable enactments respecting safety.
291 (1) This section applies to a proceeding brought against a municipality to recover damages sustained by reason of an obstruction, excavation, cellar or opening in or adjoining a street, lane, square, public highway or bridge placed, made, left or maintained by a person other than an employee or agent of the municipality.
(2) The municipality has a remedy over against the person referred to in subsection (1), and may enforce payment accordingly of any damages and costs that the plaintiff may recover against the municipality.
(3) The municipality is only entitled to the remedy over if
(a) the person referred to in subsection (1) is made a party to the proceeding, and
(b) it is established as against that person that the damages were sustained because of an obstruction, excavation, cellar or opening placed, made, left or maintained by the person added as a defendant or third party.
(4) The person referred to in subsection (1) may defend the proceeding against the plaintiff's claim and that of the municipality.
(5) The court may order costs to be paid by or to any party or on any claim set up as in other cases.
292 [Repealed 1997-25-71.]
293 (1) A writ of execution against a municipality may be endorsed with a direction to the sheriff to levy its amount by rate, and the proceedings on it are to be as provided in this Division.
(2) A writ of execution against a municipality must not be issued without leave of the Supreme Court, which may
(a) permit its issue at a time and on conditions the court considers proper, or
(b) refuse to permit it to be issued or suspend action under it on terms and conditions the court thinks proper or expedient, having regard to the reputed insolvency of the municipality and the security afforded to the person entitled to the judgment by the registration of the judgment.
(3) On being satisfied by affidavit by a competent person on behalf of the municipality that the municipality intends to appeal with due diligence from the judgment, the court may refuse to permit a writ of execution for costs to be issued unless security is given to the satisfaction of the court by the person to whom the costs are payable for their repayment to the municipality in the event the judgment is reversed or varied on appeal.
294 The sheriff must deliver to the municipal officer assigned responsibility under section 198 [corporate administration], or leave at the office or dwelling house of that officer,
(a) a copy of the writ of execution and endorsement, and
(b) a statement in writing of the sheriff's fees, and of the amount required to satisfy the execution, including in the amount the interest calculated to a day as near as is convenient to the date of the delivery.
295 (1) If the amount, with interest on it from the day mentioned in the statement under section 294, is not paid to the sheriff within one month after service under that section, the sheriff must
(a) examine the assessment rolls of the municipality, and
(b) establish a rate sufficient to cover the amount due on the execution, with an addition to it that the sheriff believes sufficient to cover the interest and the sheriff's own fees.
(2) A rate under subsection (1) must be established in the same manner as a rate under section 359 (1) (a) [municipal property taxes].
(3) After establishing the rate, the sheriff must
(a) issue a direction to the collector of the municipality,
(b) attach to the direction either the roll of the rate or particulars of it, and
(c) after
(i) stating the writ,
(ii) stating that the municipality had neglected to satisfy it, and
(iii) referring to the roll or the particulars,
direct the collector to levy the rate promptly.
296 (1) If at the time of levying a rate under a direction of the sheriff the tax demand notices for that year have not been issued, the collector must add a column on the notices, headed "Execution Rate in A.B. v. the Corporation", and must insert in it the amount required to be levied under the direction.
(2) If subsection (1) does not apply, the collector must proceed to issue separate tax demand notices for the execution rate.
(3) The collector must with all due diligence return to the sheriff the direction with the amount levied.
(4) After satisfying the execution and all fees on it, the sheriff must pay any surplus within 10 days after receiving it to the municipal officer assigned responsibility under section 199 [financial administration], for the general purposes of the municipality.
297 (1) For all purposes connected with carrying into effect, or permitting or assisting the sheriff to carry into effect, the provisions of this Act for executions, the municipal officers assigned responsibility under section 198 [corporate administration] and section 199 [financial administration] and the collector are deemed to be officers of the court in which the writ was issued.
(2) As officers of the court, the officials referred to in subsection (1) are amenable to the court, and may be proceeded against by attachment, or otherwise, to compel them to perform their duties.
298 The corporate seal, tools, machinery, equipment and records, office furniture, fixtures and fittings of a municipality are exempt from forced seizure or sale by any process of law.
299 The councils of 2 or more municipalities may, by bylaws adopted without the assent of the electors, join together in any litigation when considered expedient and share in the costs of the litigation.
300 (1) A municipality may, with another municipality or with a regional district or improvement district,
(a) enter into a scheme of self insurance protection under section 187 of the Financial Institutions Act or under the Insurance (Captive Company) Act, or
(b) with the consent of the Superintendent of Financial Institutions, enter into a joint scheme of self insurance protection.
(2) Subsection (1) applies to a regional district or an improvement district.
(3) In a regional district, a scheme under subsection (1) may have a single deductible for any number of services.
301 (1) If a person is dissatisfied with a decision of the registrar of land titles, that is to say,
(a) a refusal of the registrar of land titles to effect registration in accordance with the tenor of an application for registration, or
(b) any other act, omission, decision, direction or order in respect of matters contained in this Act,
the person may, in writing, require the registrar to provide to the person the reason for the decision, in writing signed by the registrar.
(2) Within 21 days after receipt of the registrar's reasons under subsection (1), the person may apply to the Supreme Court on a petition by way of appeal from the registrar's decision.
(3) Sections 309 and 310 of the Land Title Act apply to an appeal under subsection (2).
301.1 (1) In this section, "Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act.
(2) The Lieutenant Governor in Council may make regulations prescribing the modifications considered necessary or advisable for applying this Part for the purposes of paragraphs 133, 135 and 138 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
301.11 (1) If, on account of proceedings taken under this Act for drainage or reclamation works and local assessments for them,
(a) damages are recovered against the municipality or parties constructing the drainage or reclamation works, or
(b) other relief is given by an order of a court or an award made under this Act,
the money required for the municipality to comply with the order or award must be recovered by taxes imposed on the same basis as the existing assessments for those works.
(2) The council must make the changes in drainage or reclamation works necessary to comply with an order or award.
302 (1) A council may, by bylaw, reserve for a particular municipal or other public purpose land owned by the municipality.
(2) A reservation under subsection (1) may be removed by a bylaw adopted by an affirmative vote of at least 2/3 of the council members.
(3) Before adopting a bylaw under subsection (2), the council must provide the electors with a counter petition opportunity.
303 (1) A council may, by bylaw with the assent of the electors, dedicate for a municipal or other public purpose real property owned by the municipality.
(2) Despite subsection (1), the assent of the electors is not required for the dedication, by any means, of real property
(a) for highways, or
(b) for any other public purpose if the real property is 5 000 m2 or less in area.
304 (1) A council may, by bylaw,
(a) cancel the dedication of a highway or portion of a highway that has been closed to traffic under section 527 [establishing and closing highways], and
(b) rededicate the highway or portion of a highway as a park or public square.
(2) Before adopting a bylaw under this section, the council must hold a public hearing in accordance with section 890.
(3) On adopting a bylaw under this section, the council must file in the land title office a copy of the bylaw and a reference plan of the rededicated area.
(4) As an exception to subsection (3), the registrar of land titles may accept an explanatory plan instead of the reference plan referred to in that subsection if the registrar is satisfied that the rededicated area is satisfactorily shown on the explanatory plan.
(5) A bylaw under this section does not operate to effect a rededication of a highway that was dedicated by the deposit of a subdivision or reference plan in the land title office if
(a) the owner of the land at the time the plan was deposited is the owner of all of the parcels created by the plan, and
(b) the highway has not been developed for its intended purpose.
305 (1) A reservation bylaw under section 302 or a dedication bylaw under section 303 does not commit or authorize a local government to proceed with implementation of the purpose for which the property is reserved or dedicated.
(2) All bylaws enacted or works undertaken by a local government directly affecting property that is reserved under section 302 or dedicated under section 303 must be consistent with the purpose for which the property is reserved or dedicated.
305.1 (1) If land in a municipality is dedicated to the public for the purpose of a park or a public square by subdivision plan deposited in the land title office, the municipality is entitled to possession and control of the land for that purpose.
(2) If land in a municipality was dedicated as referred to in subsection (1) before this Act came into force, the municipality is deemed to have had possession and control of it for that purpose from the date it was dedicated, and continues to have that possession and control.
305.2 (1) If a municipality is entitled to possession and control of land under section 305.1 [parks dedicated by subdivision], the council may, by bylaw, dispose of a portion of that land in exchange for other land suitable for a park or public square.
(2) A bylaw under subsection (1) may provide that, instead of taking land in exchange, the proceeds of the disposal are to be placed to the credit of a reserve fund under section 496 [capital works reserve funds] for the purpose of acquiring park lands.
(3) Before adopting a bylaw under subsection (1), the council must provide a counter petition opportunity in relation to the proposed bylaw.
(4) All deeds executed under this section have effect as a Crown grant, free of any dedication to the public for the purpose of a park or a public square.
(5) All land taken in exchange under this section is dedicated for the purpose of a park or public square and the title to it vests in the Crown with right of possession in the municipality.
306 (1) Despite this Act or any law, a council may, by bylaw adopted with the assent of the electors, set aside as a municipal forest reserve land owned by the municipality that the council believes is suitable for reforestation purposes.
(2) A council may, by bylaw adopted by an affirmative vote of at least 2/3 of its members but without the assent of the electors, set aside and include within a municipal forest reserve established under this section any land owned or held by the municipality.
307 (1) As a limitation on section 176 (1) (d) [corporate powers – property], a council must not sell or lease land set aside as a municipal forest reserve except as provided in this Division.
(2) A council may, by bylaw, withdraw land from a municipal forest reserve if the council has provided a counter petition opportunity in relation to the proposed bylaw.
(3) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (2) of this section must state
(a) the purpose for which the council intends to withdraw the land from the municipal forest reserve, and
(b) if this is in relation to a sale of the land, the price that is to be received.
(4) A council may, by bylaw with the assent of the electors, lease for a term not longer than 99 years, all or part of a municipal forest reserve, subject to the following:
(a) the agreement must make adequate provision for the protection of the municipal forest reserve on a sustained yield basis and for protection from fire;
(b) the annual rental agreed on must be based on area and current values of the annual cutting;
(c) the lessee must covenant to pay normal municipal taxes on the land, and on any structure erected or placed on the land either temporarily or permanently;
(d) the agreement must be embodied in the bylaw.
308 (1) Without limiting section 176 [corporate powers], a council may cut, sell, remove or otherwise dispose of any timber or other products from a municipal forest reserve.
(2) An agreement between a municipality and a person for the cutting and removal of timber from a municipal forest reserve must
(a) provide that only selected trees may be cut,
(b) provide for the protection of young growth and other trees and timber, and
(c) provide for protection from fire.
309 (1) For the purpose of exercising or performing its powers, duties and functions, a municipality may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act.
(1.1) The power under subsection (1) also applies to property outside the municipality for the purposes of
(a) a service provided by the municipality to an area outside the municipality, or
(b) establishing and managing quarries, sand and gravel pits to acquire material for municipal works.
(2) If a municipality expropriates real property or works under subsection (1) or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any advantage which the claimant may derive from the contemplated work.
309.1 (1) Without limiting section 309 [expropriation power], a municipality may, for the purposes of one or more of its services, authorize its agents or employees to enter on, break up, take or enter into possession of and use real property without the consent of the owners of the property.
(2) If a municipality exercises an authority to provide a service outside the municipality, the power under subsection (1) applies to property outside the municipality in relation to that service.
310 Without limiting section 309, in addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, a municipality may expropriate
(a) a licence authorizing the diversion of water from a stream suitable for a water supply for the municipality, and
(b) any work constructed or used under authority of the licence.
311 (1) A council may provide for entering on real property or works that the council anticipates may be injuriously affected by the exercise of any of its powers, for the purpose of carrying out, and to carry out, works of construction, maintenance or repair in mitigation of injury done or anticipated or in reduction of compensation.
(2) Powers granted under subsection (1) may include, in any street grading works, removal of the substance of the adjacent land or the filling in of adjacent land to produce a grade uniform with the graded street.
312 (1) If a municipality
(a) exercises a power to enter on, break up, take or enter into possession of and use any property without the consent of the owners of the property, or injuriously affects property by the exercise of any of its powers, and
(b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act,
compensation is payable for any loss or damages caused by the exercise of the power.
(2) For the purposes of subsection (1), compensation must be as determined and paid as soon as reasonably possible in an amount set
(a) by agreement between the claimant and the municipality, or
(b) if no agreement is reached, by the Expropriation Compensation Board.
313 If the current municipal revenue is not sufficient for the funds required to pay compensation in respect of property expropriated or injured or to carry out works referred to in section 311 [entry on land to mitigate damage], the council may,
(a) by loan authorization bylaw adopted with the approval of the inspector, borrow the required sums, or
(b) by bylaw adopted with the approval of the inspector, use money from a reserve fund to the extent required.
314 (1) Without limiting section 176 [corporate powers], a council may accept any property devised, bequeathed, conveyed or otherwise transferred to the municipality, subject to any trusts on which the property is transferred.
(2) If the sale of property is necessary to carry out the terms of a trust under which it was transferred, a council may sell the property despite any limitations or restrictions in this Act.
(3) All money held by a municipality subject to a trust, until required for the purposes of the trust, must be invested in the manner provided for the investment of sinking funds.
(4) If, in the opinion of a council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the municipality, the council may apply to the Supreme Court for an order under subsection (5).
(5) On an application under subsection (4), the Supreme Court may vary the terms or trusts as the court considers will better further both the intent of the donor, settlor, transferor or testator and the best interests of the municipality.
(6) Section 87 of the Trustee Act [discharge of trustee's duty] applies to an order under subsection (5).
315 Without limiting section 176 [corporate powers], a council may transfer to the board of school trustees or francophone education authority having jurisdiction in the municipality, in trust for school purposes, any land reserved or acquired by the municipality for school purposes.
316 to 326 [Repealed 1998-34-51.]
327 (1) A municipality must have a financial plan that is adopted annually, by bylaw, before the annual property tax bylaw is adopted.
(2) For certainty, the financial plan may be amended by bylaw at any time.
(3) The planning period for a financial plan is 5 years, being the year in which it is specified to come into force and the following 4 years.
(4) The financial plan must set out the following for each year of the planning period:
(a) the proposed expenditures by the municipality;
(b) the proposed funding sources;
(c) the proposed transfers between funds.
(5) The total of the proposed expenditures and transfers to other funds for a year must not exceed the total of the proposed funding sources and transfers from other funds for the year.
(6) The proposed expenditures must set out separate amounts for each of the following as applicable:
(a) the amount required to pay interest and principal on municipal debt;
(b) the amount required for capital purposes;
(c) the amount required for a deficiency referred to in subsection (9);
(d) the amount required for other municipal purposes.
(7) The proposed funding sources must set out separate amounts for each of the following as applicable:
(a) revenue from property value taxes;
(b) revenue from parcel taxes;
(c) revenue from fees and charges;
(d) revenue from other sources;
(e) proceeds from borrowing, other than borrowing under section 334.3 [revenue anticipation borrowing].
(8) The proposed transfers between funds must set out separate amounts for each of the following as applicable:
(a) special funds under Part 13;
(b) development cost charge funds;
(c) accumulated surplus.
(9) If actual expenditures and transfers to other funds for a year exceed actual revenues and transfers from other funds for the year, the resulting deficiency must be included in the next year's financial plan as an expenditure in that year.
327.1 A council must undertake a process of public consultation regarding the proposed financial plan before it is adopted.
328 (1) The fiscal year for a municipality is the calendar year.
(2) Municipal financial statements for a fiscal year must be
(a) prepared by the municipal officer assigned responsibility under section 199 [financial administration], and
(b) presented to council for its acceptance.
(3) Subject to subsection (4), the financial statements must be prepared in accordance with generally accepted accounting principles for local governments.
(4) The inspector may require or authorize, generally or for a specified municipality, that the financial statements vary from or include additional information to the requirements of subsection (3).
(5) By May 15 in each year, a municipality must submit to the inspector its audited financial statements for the preceding year and any other financial information required by the inspector.
329 (1) By June 30 in each year, a municipality must hold a council or other public meeting for the purpose of presenting
(a) the audited financial statements of the preceding year, and
(b) the report under section 329.1 [reporting of remuneration and expenses].
(2) The council must give notice of the meeting by publication in a newspaper, including
(a) the date, time and place of the meeting, and
(b) a statement that the financial statements and any reports to be presented at the meeting are available for inspection at the municipal hall.
(3) A copy of the financial statements and reports must be available for public inspection at the municipal hall during its regular office hours from the time the notice under subsection (2) is given until June 30 in the following year.
329.1 At least once a year, a council must have prepared a report separately listing the following for each council member by name:
(a) the total amount of remuneration paid to the council member for discharge of the duties of office, including any amount specified as an expense allowance;
(b) the total amount of expense payments for the council member made to the council member as reimbursement for expenses incurred by the council member or as an allowance that is not reported under paragraph (a);
(c) the total amount of any benefits, including insurance policies and policies for medical or dental services, provided to the council member or the member's dependants.
330 (1) An elector may complain in writing to the council or to the municipal auditor, if the elector considers that
(a) a disbursement, expenditure, liability or other transaction is not authorized by or under this or another Act, or
(b) there has been a theft, misuse or other defalcation or irregularity in the funds, accounts, assets, liabilities and financial obligations of the municipality or of one of its administrative bodies.
(2) If a complaint is made under subsection (1) to the council, the council must give notice of the matter to the auditor.
(3) If a complaint is made under subsection (1) to the municipal auditor, the auditor must give notice of the matter to the council.
331 (1) A council must appoint an auditor for the municipality.
(2) The auditor must be
(a) a member in good standing, or a partnership whose partners are members in good standing, of the Canadian Institute of Chartered Accountants, or the Certified General Accountants' Association of British Columbia, or
(b) a person certified by the board established under section 181 of the Company Act.
331.1 (1) If the engagement of an auditor is terminated, the auditor may appeal the decision to the inspector, who may confirm or set aside the termination.
(2) An appeal under this section must be made in writing to the inspector within one month after the auditor is notified of the termination.
(3) The auditor must file a copy of the notice of appeal under subsection (2) with the municipality.
(4) The council must not appoint another auditor until the time allowed for an appeal by the auditor has elapsed or, if an appeal has been made, until the appeal has been dealt with by the inspector.
331.2 (1) As a limitation on section 176 (1) (e) [corporate powers – delegation], a council may only delegate its powers, duties and functions under this Division to a committee of council.
(2) Reports submitted by the auditor to a committee under this section are deemed to have been submitted to council.
331.3 (1) The auditor for the municipality must report to the council on the annual financial statements of the municipality.
(2) The report under subsection (1) must be in accordance with the form and the reporting standards recommended by the Canadian Institute of Chartered Accountants.
(3) In addition to the report under subsection (1),
(a) the council or the inspector may require further reports from the auditor, and
(b) the auditor may, on the auditor's own initiative, make further reports.
(4) On request by the inspector, the auditor must forward to the inspector copies of
(a) reports under subsections (1) and (3), and
(b) written communications in relation to those reports from the auditor to the council, a committee of council or a municipal officer.
331.4 (1) The auditor has the power and duty to conduct the examinations necessary to prepare the reports referred to in section 331.3 [auditor's reports].
(2) The auditor has a right of access at all reasonable times to
(a) the records of the council and municipality,
(b) the records of any other body that, under this or another Act, exercises the powers of the municipality, including a municipal police board, and
(c) any computer, other data processing equipment and software that are owned or leased by the municipality or other body and used for financial recording or reporting purposes.
(3) Council members, municipal officials, employees and agents of the municipality and other persons must give the auditor any information, reports or explanations the auditor considers necessary.
(4) An auditor who receives information from a person whose right to disclose that information is restricted by law holds that information under the same restrictions respecting disclosure that govern the person from whom the information was obtained.
332 Revenues from the following may be used towards the payment of municipal expenditures:
(a) property value taxes under Division 1 of Part 10.1;
(b) parcel taxes under Division 2 of Part 10.1;
(c) fees and charges under Division 3 of Part 10.1;
(d) revenues raised by other means authorized under this or another Act;
(e) revenues received by way of agreement, enterprise, gift, grant or otherwise.
333 (1) A municipality must not make an expenditure other than one authorized under subsection (2) or (3).
(2) A municipality may make an expenditure that is provided for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.
(3) A municipality may make an expenditure for an emergency that was not contemplated for that year in its financial plan, other than an expenditure that is expressly prohibited by this or another Act.
(4) In relation to the authority under subsection (3), the council must establish procedures
(a) to authorize expenditures under that subsection, and
(b) to provide for such expenditures to be reported to the council at a regular meeting.
(5) If an expenditure is made under subsection (3), as soon as practicable, the council must amend the financial plan to include the expenditure and the funding source for the expenditure.
(6) For certainty, the authority under subsection (3) does not include the authority to borrow for the purpose of making the expenditure.
334 (1) A municipality may only incur a liability under the authority of this or another Act.
(2) Except as permitted under subsection (5), a municipality must not incur a liability that causes the aggregate liabilities for all purposes to exceed the total of
(a) 20% of the current value, as shown on the most recent audited financial statements, of the tangible capital assets of the municipality, and
(b) 20% of the average of the converted value of land and improvements in the municipality for the current year and the 2 immediately preceding years.
(3) The following are to be excluded in determining the aggregate liabilities referred to in subsection (2):
(a) liabilities under section 334.2 [authority to incur prescribed liabilities];
(b) debt under section 334.3 [revenue anticipation borrowing];
(c) debt of another public authority for which the municipality is jointly and severally liable under this or another Act.
(4) Except for a liability referred to in subsection (3) (b), a municipality must not incur a liability for which expenditures are required during the planning period for its financial plan unless those expenditures are included for the applicable year in the financial plan.
(5) With the approval of the inspector, the aggregate liabilities of a municipality may exceed the limit under subsection (2).
334.1 (1) A council may, under an agreement, incur a liability if
(a) the liability is not a debenture debt, and
(b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement.
(2) If an agreement under subsection (1) is
(a) for more than 5 years, or
(b) for a period that by exercising rights of renewal or extension could exceed 5 years,
the council must not incur the liability until it has provided a counter petition opportunity in relation to the proposed liability.
(3) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (2) must include the nature, term and amount of the liability.
(4) As an exception to subsection (2), a counter petition opportunity is not required for a liability to be incurred
(a) for the supply of materials, equipment or services under an agreement referred to in section 3 of the Police Act, or
(b) under an employment contract or collective agreement.
334.2 (1) A municipality may incur a liability that is within a class prescribed under this section.
(2) The authority to incur a liability under this section is not authority to borrow for the purposes of the liability.
(3) The Lieutenant Governor in Council may make regulations prescribing classes of liability that are imposed by or under an enactment as liabilities to which this section applies.
334.3 (1) A council may, by bylaw, provide for the borrowing of money that may be necessary
(a) to meet current lawful expenditures, and
(b) to pay amounts required to meet the municipality's taxing obligations in relation to another local government or other public body.
(2) The debt outstanding under this section must not exceed the total of
(a) the unpaid taxes for all purposes imposed during the current year, and
(b) the money remaining due from other governments.
(3) Before the adoption of the annual property tax bylaw in any year, the taxes in that year are deemed to be 75% of all taxes imposed for all purposes in the preceding year.
(4) When collected, revenue from property value taxes must be used as necessary to repay money borrowed under this section.
334.4 (1) A council may, by bylaw adopted with the approval of the inspector, contract a debt for any purpose of a capital nature.
(2) A bylaw and the debt under this section must comply with the following:
(a) the debt must not cause the aggregate liabilities under this section to exceed the amount equal to $50 multiplied by the municipal population;
(b) the debt and securities for it must be payable no later than the lesser of
(i) 5 years from the date on which the securities were issued, or
(ii) the reasonable life expectancy of the capital asset for which the debt is contracted;
(c) the bylaw must set out
(i) the amount of the debt intended to be incurred, and
(ii) in brief and general terms, the purpose for which the debt is to be incurred.
335 (1) A council may, by a loan authorization bylaw adopted with the approval of the inspector, incur a liability by borrowing for one or more of the following:
(a) any purpose of a capital nature;
(b) to provide assistance within the meaning of section 181 [definition of assistance] by
(i) lending to any person or public authority to which the municipality may provide assistance under Part 5 [Corporate Powers], or
(ii) guaranteeing repayment of borrowing, or providing security for the borrowing, of a person or public authority referred to in subparagraph (i),
but only if the assistance is provided under an agreement;
(c) to comply with an order or requirement to pay money into the Supreme Court as security
(i) for payment of a judgment or other debt,
(ii) for damages or costs, or
(iii) for the costs of an appeal from the decision of a court or an arbitrator;
(d) to satisfy a judgment or other order of a court against the municipality;
(e) to satisfy an award resulting from an arbitrator's determination of liability or quantum of damages against the municipality, including orders of the arbitrator related to that determination.
(2) A loan authorization bylaw must set out the following:
(a) the total amount proposed to be borrowed under the bylaw;
(b) in brief and general terms, each of the purposes for which the debt is to be incurred;
(c) the amount allocated by the bylaw to each of the purposes for which the debt is to be incurred;
(d) the maximum term for which the debentures may be issued.
(3) The power to adopt a loan authorization bylaw may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw under section 280.3.
(4) The authority to borrow under a loan authorization bylaw ends,
(a) in the case of a loan authorization bylaw under subsection (1) (b), at the end of the term of the agreement required by that subsection, and
(b) in other cases, 5 years from the date of adoption of the bylaw,
for any part of the amount authorized by the bylaw that has not already been used to secure borrowing under section 335.2 [temporary borrowing under loan authorization bylaw] or included under a security issuing bylaw.
(5) The maximum term of a debt that may be authorized by a loan authorization bylaw is as follows:
(a) in the case of a bylaw under subsection (1) (a), the lesser of
(i) 30 years, and
(ii) the reasonable life expectancy of the capital asset for which the debt is contracted;
(b) in the case of a loan authorization bylaw under subsection (1) (b), the remaining term of the agreement under which the assistance is provided;
(c) in all other cases, 30 years.
335.1 (1) Except as provided in subsection (2), the council must provide a counter petition opportunity in relation to a proposed loan authorization bylaw.
(2) A counter petition opportunity is not required if the money to be borrowed is for one or more of the following:
(a) a purpose referred to in section 335 (1) (c) to (e) [loan authorization bylaws – borrowings for court orders and other matters];
(b) a purpose referred to in section 313 [funding for expropriation or mitigation];
(c) works under an order of the Inspector of Dikes;
(d) works required to be carried out pursuant to an order under section 32 of the Waste Management Act;
(e) works required to be carried out under the Environment Management Act pursuant to an order of the minister responsible for that Act or the Lieutenant Governor in Council.
(3) A counter petition opportunity must not be provided in relation to a loan authorization bylaw unless the necessary consent or approval required by an Act has been obtained.
(4) In addition to the information required by section 172.4, the notice of a counter petition opportunity under this section must include the information referred to in section 335 (2) [loan authorization bylaw].
(5) With the approval of the inspector, a loan authorization bylaw may be amended or repealed without providing a counter petition opportunity.
(6) If a council exercises the option of seeking electors' assent to a loan authorization bylaw, rather than providing a counter petition opportunity, any number of specified services is deemed to be a single distinct purpose for the purposes of section 160 (1) [each vote must be for a distinct purpose].
335.2 (1) A council that has adopted a loan authorization bylaw may, by bylaw, temporarily borrow money not exceeding the difference between the total amount authorized by the loan authorization bylaw and the amount already borrowed in relation to that bylaw.
(2) The proceeds of the borrowing under a security issuing bylaw, or as much as may be necessary, must be used to repay the money temporarily borrowed.
335.3 (1) A council may, by a security issuing bylaw adopted with the approval of the inspector, provide for the issue of debentures or other evidence of debt for all or part of the debt authorized by one or more loan authorization bylaws.
(2) A security issuing bylaw must specify the following:
(a) the loan authorization bylaws that authorize the borrowing;
(b) the amount of borrowing authorized by each loan authorization bylaw;
(c) the amount already borrowed under each loan authorization bylaw;
(d) the amount remaining to be borrowed under each loan authorization bylaw;
(e) the amount now being issued under each loan authorization bylaw;
(f) the term of the debt.
(3) The proceeds of the borrowing under a security issuing bylaw must be allotted proportionately for the purposes of each loan authorization bylaw referred to in subsection (2) (a).
(4) A security issuing bylaw must not be adopted
(a) while any proceeding is pending in which the validity of a loan authorization bylaw containing the authority under which the security issuing bylaw is to be adopted is called into question or by which it is sought to be set aside, or
(b) until the time for giving notice of intention to apply to set aside the loan authorization bylaw expires.
(5) A security issuing bylaw may authorize the issue of debentures under terms and conditions specified in the bylaw.
335.4 (1) Except as permitted by the Municipal Finance Authority Act, a municipality must not adopt a security issuing bylaw unless the financing is to be undertaken under section 835 [financing municipal undertakings] of this Act through the Municipal Finance Authority of British Columbia.
(2) In relation to regional district financing under section 835 for a municipality, the security issuing bylaw of the municipality is the regional district's authority to proceed under that section and must not be amended or repealed without the consent of the board.
335.5 (1) If the inspector refuses to approve a loan authorization bylaw or a security issuing bylaw, the municipality may appeal to the minister.
(2) On an appeal under subsection (1), the minister must hear and determine the matter, and may confirm or rescind the decision of the inspector.
(3) The determination on the appeal is conclusive and binding on all parties, including the inspector.
336 Money held by a municipality that is not immediately required may be invested or reinvested by the council in one or more of the following:
(a) securities of Canada or of a province;
(b) securities guaranteed for principal and interest by Canada or by a province;
(c) securities of a municipality or regional district;
(d) securities of the Greater Vancouver Water District, if the municipality is in or partly in the district;
(e) securities of the Municipal Finance Authority;
(f) investments guaranteed by a chartered bank;
(g) deposits in a savings institution, or non-equity or membership shares of a credit union;
(h) pooled investment funds under section 16 of the Municipal Finance Authority Act.
337 (1) Subject to this section, money borrowed by a municipality under any Act must not be used for a purpose other than that specified in the bylaw or agreement authorizing the borrowing.
(2) A council may, by bylaw adopted with the assent of the electors, use all or part of money borrowed for a specific purpose and not repayable in the current year for any other lawful purpose of the municipality.
(3) If some of the money borrowed for a specified purpose remains unused after payment of the costs related to that purpose, a council may, by bylaw, provide for the use of the unused money for one or more of the following:
(a) to retire debentures issued for the purpose;
(b) to purchase and cancel debentures issued for the purpose;
(c) for expenditures of a nature similar to the purpose in the bylaw authorizing the money to be borrowed;
(d) for a reserve fund for matters in paragraph (a), (b) or (c), in which case Part 13 applies.
338 (1) A council member who votes for a bylaw or resolution authorizing the expenditure, investment or other use of money contrary to this Act is personally liable to the municipality for the amount.
(2) As an exception, subsection (1) does not apply if the council member relied on information provided by a municipal officer or employee and the officer or employee was guilty of dishonesty, gross negligence or malicious or wilful misconduct in relation to the provision of the information.
(3) In addition to any other penalty to which the person may be liable, a council member who is liable to the municipality under subsection (1) is disqualified from holding municipal office for 5 years from the date of the vote.
(4) Money due a municipality under this section may be recovered for the municipality by
(a) the municipality,
(b) an elector or taxpayer of the municipality, or
(c) a person who holds a security under a borrowing made by the municipality.
339 (1) Unless otherwise provided in this Act, the following property is exempt from taxation to the extent indicated:
(a) land, improvements or both vested in, or held by, the Provincial government or the municipality;
(a.1) land, improvements or both vested in, or held by, the municipality jointly with another municipality or a regional district;
(b) land, improvements or both exempt from municipal taxation by another Act;
(c) land, improvements or both of a public library under the Library Act;
(c.1) land, improvements or both that are vested in, or held by, a municipality and occupied by a public library under the Library Act;
(d) land, improvements or both of an Indian, in a municipality incorporated under section 12 (1), who is an owner under the letters patent, except taxation under section 359 (1) (a) [municipal property taxes];
(e) land, improvements or both in a municipality, other than a municipality incorporated under section 12 (1), held in trust by the Crown for a band of Indians unless leased to or occupied by a person who is not a member of the band;
(f) a cemetery under the Cemetery and Funeral Services Act actually used and occupied for the interment of the dead or designated an approved interment area by the registrar under that Act;
(g) a building set apart for public worship, and the land on which the building stands, together with
(i) any church hall considered by the council to be necessary to the exempted building, and the land on which the church hall stands, and
(ii) any area of land surrounding the exempted building, an exempted hall, or both, that the council may, by bylaw, exempt;
(h) a building that was constructed or reconstructed with the assistance of aid granted by the Provincial government after January 1, 1947 but before April 1, 1974 and that is owned and used exclusively without profit by a corporation to provide homes for elderly citizens, together with
(i) the land on which the building stands, and
(ii) any area of land surrounding the exempted building that the council may, by bylaw, exempt;
(i) a building set apart and used solely as a hospital under the Hospital Act, except a private hospital under that Act, together with
(i) the land on which the building stands, and
(ii) any area of land surrounding the building, not including land exempted under the Hospital Act or Hospital District Act, that the council may, by bylaw, exempt;
(j) land and improvements for future hospital requirements that are
(i) designated for the purposes of this section by the Minister of Health, and
(ii) vested in, or held by, a society or corporation that is not operated for profit and that has as an object the operation of a hospital;
(k) a building owned by an incorporated institution of learning that is regularly giving children instruction accepted as equivalent to that given in a public school, in actual occupation by the institution and wholly in use for the purpose of giving the instruction, together with
(i) the land on which the building stands, and
(ii) any area of land surrounding the exempted building that the council may, by bylaw, exempt as being reasonably necessary in connection with that building;
(l) fruit trees;
(m) improvements, other than dwellings and the fixtures, machinery and similar things mentioned in paragraph (n), erected on farm land and used exclusively to operate a farm, up to but not exceeding an assessed value of $50 000;
(n) fixtures, machinery and similar things located on farm land and used exclusively to operate the farm that, if erected or placed, in or on land, a building or fixture or structure in or on it, would, as between landlord and tenant, be removable by the tenant;
(o) an improvement designed, constructed or installed to provide emergency protection for persons or domestic animals in the event of a disaster or emergency within the meaning of the Emergency Program Act;
(p) sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminators;
(q) to the extent established by subsection (3), land and improvements that were exempted for the 1996 taxation year under a pollution abatement provision, if
(i) the land and improvements were exempted under that provision for the 1996 taxation year on final determination under the Assessment Act, and
(ii) as applicable,
(A) for an exemption in relation to land only, the land continues to be exclusively or primarily used for the purpose of abating pollution,
(B) for an exemption in relation to improvements only, the improvements continue to be exclusively or primarily used for the purpose of abating pollution, or
(C) for an exemption in relation to land and improvements, the land and improvements continue to be exclusively or primarily used for the purpose of abating pollution;
(r) a floating dry dock, other than the onshore facilities of the floating dry dock, if the floating dry dock has a lift capacity greater than 20 000 tonnes.
(2) Septic disposal systems are not exempt from taxation under this section.
(3) The amount of an exemption under subsection (1) (q) for a taxation year is limited to the portion of the assessed value of land and improvements that is the least of the following:
(a) the portion that the assessment commissioner, in his or her discretion, determines is attributable to the use of pollution abatement for that taxation year, subject to final determination under the Assessment Act;
(b) the portion that was exempted for pollution abatement purposes for the immediately preceding taxation year on final determination under the Assessment Act;
(c) the portion that was exempted for the 1996 taxation year on final determination under the Assessment Act.
(4) In this section,
"final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by supplementary assessment roll, by correction of a property assessment review panel, on complaint to a property assessment review panel or on further appeal;
"pollution abatement provision" means section 339 (1) (q) of this Act, section 15 (1) (s) of the Taxation (Rural Area) Act or section 396 (1) (e.01) of the Vancouver Charter, as those provisions read before their repeal and replacement by the Budget Measures Implementation Act, 1997.
340 (1) An exemption is not allowed under section 339 (1) (g) unless title to the land is registered in the name of
(a) the religious organization using the building,
(b) trustees for the use of that organization, or
(c) a religious organization granting a lease of the building and land to be used solely for public worship.
(2) If only a portion of a parcel of land is exempt under section 339 (1) (g), (h), (i) or (k), the council must
(a) adopt a bylaw that
(i) describes the exempt land by metes and bounds, and
(ii) has attached to it as an appendix a plan showing the portion of the land exempt and the portion taxable, and
(b) file the bylaw in the proper land title office.
(3) If a council considers that a use exists that, but for a secondary use, would otherwise qualify for exemption, the council may, by bylaw adopted by 2/3 of its members, determine the proportions of the land and improvements that are to be exempt and taxable.
(4) A bylaw or resolution adopted under section 339 (1) or this section after October 31 in any year is not effective for taxation in the next calendar year.
(5) An exemption under section 339 (1) (b) to (o) and the municipal property portion of section 339 (1) (a) does not include exemption from a fee or charge.
(6) An exemption under section 339 (1) (c), (f), (g), (h) or (k) and the municipality portion of section 339 (1) (a) extends only to taxation under section 359 (1) (a) [municipal property taxes].
(7) Section 8 of the Cemetery Company Act, R.S.B.C. 1979, c. 46, does not apply to a parcel tax under this Act.
341 (1) On or before October 31 in any year, a council may, by bylaw adopted by 2/3 of its members, exempt land or improvements referred to in subsection (2), or both, from taxation under section 359 (1) (a) [municipal property taxes]
(a) for the next calendar year, or
(b) with the assent of the electors, for a period not longer than 10 years.
(2) The following may be exempted under subsection (1):
(a) land or improvements owned or held, maintained and operated as a park or recreation ground or for athletic or recreational purposes by another municipality;
(b) land or improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes;
(c) land or improvements not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used exclusively for charitable or philanthropic purposes;
(d) land or improvements owned and used exclusively by a horticultural or agricultural society;
(e) land or improvements owned and used for water purposes by another municipality;
(e.1) land or improvements, in whole or in part, owned by another municipality and used for a port or a small boat harbour, shelter or marina;
(f) land or improvements, in whole or in part, owned by another municipality and used for an airport, seaplane base or landing area for aircraft;
(g) land or improvements owned or held by a person or organization and operated as a private hospital licensed under the Hospital Act or an institution licensed under the Community Care Facility Act;
(h) land or improvements, in whole or in part, for which a grant has been made, after March 31, 1974, under the Housing Construction (Elderly Citizens) Act;
(i) land or improvements not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used as an art gallery, museum or for other cultural purposes;
(j) land or improvements not being operated for profit or gain and owned by a charitable or philanthropic organization supported in whole or in part by public funds and used as a search and rescue facility;
(k) land or improvements used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall which the council considers necessary to the church;
(l) land acquired for water purposes by another municipality but not actually in use for any purpose;
(m) the interest in school buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as licensee or tenant of a board of school trustees;
(m.1) the interest of a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees;
(m.2) the interest in school buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as tenant or licensee of a francophone education authority;
(n) the interest in municipal buildings of a non-profit organization specified by the council that the non-profit organization uses or occupies as a licensee or tenant of the municipality;
(o) the part of a property that is taxable under section 129 of the School Act and used by a non-profit organization.
342 (1) In this section and section 343, "eligible heritage property" means property that is
(a) protected heritage property,
(b) subject to a heritage revitalization agreement under section 966, or
(c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.
(2) Despite section 182 [prohibition against assistance to business] but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year a council may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt from taxation under section 359 (1) (a) [municipal property taxes] all or part of
(i) the eligible heritage property, and
(ii) if the eligible heritage property is a building or other improvement so affixed to the land as to constitute real property, an area of land surrounding the eligible heritage property;
(b) [Repealed 1999-37-85.]
(c) limit an exemption under paragraph (a) or (b) to a specified portion of the net taxable value of the property to which the exemption applies;
(d) make an exemption under this subsection subject to specified conditions.
(3) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.
(4) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (3) (b) of this section must
(a) identify the eligible heritage property that would be subject to the bylaw, and
(b) describe the exemption that would be made for the eligible heritage property.
(4.1) [Repealed 2000-7-47.]
343 (1) A bylaw under section 342 may provide that, if any of the following circumstances as specified in the bylaw occur, the council may require the owner of the eligible heritage property at that time to pay to the municipality the amount referred to in subsection (2):
(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;
(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;
(c) if any other circumstances specified in the bylaw occur.
(2) The amount that may be required under subsection (1) is the amount equivalent to
(a) the total taxes exempted under the bylaw under section 342,
plus
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 379 (1) (b) for taxes in arrear.
(3) A bylaw under section 342 that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible heritage property to which the bylaw applies.
(4) If a bylaw under section 342 includes a provision under subsection (1), within 30 days after the bylaw is adopted the council must have notice of the bylaw filed in the land title office in accordance with section 976.
(5) If a bylaw under section 342 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the council may, by bylaw adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (2), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).
(6) If a council does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).
(7) If a council adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the council may
(a) add the amount referred to in subsection (2) to the taxes for the current year payable to the municipality in relation to the eligible heritage property, or
(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the municipality.
343.1 (1) In this section and section 343.2:
"eligible riparian property" means property that meets all the following requirements:
(a) the property must be riparian land;
(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;
(c) the municipality granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;
(d) any other requirements prescribed under subsection (6);
"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of
(a) the area of the eligible riparian property that is exempted under subsection (2) (a)
to
(b) the area of the parcel of land in relation to which the exemption is made.
(2) Despite section 182 [prohibition against assistance to business] but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a council may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt all or part of the eligible riparian property from taxation under section 359 (1) (a) [municipal property taxes];
(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;
(c) make an exemption under this subsection subject to specified conditions.
(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.
(4) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.
(5) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (4) (b) of this section must
(a) identify the eligible riparian property that would be subject to the bylaw, and
(b) describe the exemption that would be made for the eligible riparian property.
(5.1) [Repealed 2000-7-48.]
(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.
343.2 (1) A bylaw under section 343.1 may provide that, if
(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,
(b) the covenant is discharged before the end of the period of the exemption, or
(c) any other circumstances specified in the bylaw occur,
the council may require the owner of the eligible riparian property at that time to pay to the municipality the amount referred to in subsection (2).
(2) The amount that may be required under subsection (1) is the amount equivalent to
(a) the total taxes exempted under the bylaw under section 343.1,
plus
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 379 (1) (b) for taxes in arrear.
(3) A bylaw under section 343.1 that includes a provision under subsection (1) may not be adopted without the consent of the owner of the eligible riparian property to which the bylaw applies.
(4) If a bylaw under section 343.1 includes a provision under subsection (1), within 30 days after the bylaw is adopted the council must have notice of the bylaw filed in the land title office, and for this purpose section 976 applies.
(5) If a bylaw under section 343.1 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the council may, by bylaw adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (2), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).
(6) If a council does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).
(7) If a council adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the council may
(a) add the amount referred to in subsection (2) to the taxes for the current year payable to the municipality in relation to the eligible riparian property, or
(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the municipality.
344 (1) An exemption under section 341 or 342 may apply to the whole or a part of the taxable assessed value of land or improvements or both.
(2) An exemption under section 341 (2) (b) or (c) may, in the discretion of the council, be made applicable to property the registered owner of which is a trustee for an organization that in the opinion of council would otherwise qualify for exemption.
(3) [Repealed 1999-37-89.]
(4) A bylaw under section 341, 342 or 343.1 or this section ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption and, after this, the property is liable to taxation.
344.1 (1) A council may, by bylaw, exempt from taxation under section 359 (1) (a) [municipal property taxes], all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the municipality, during all or part of the term of the agreement.
(2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose.
(3) If the term of the exemption authorized in the bylaw is greater than 5 years, or a period that by exercising rights of renewal or extension could exceed 5 years, then the council must provide a counter petition opportunity in relation to the proposed bylaw.
(4) An exemption under this section takes effect as follows:
(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year;
(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year.
(5) An exemption under this section ceases to apply to property the use or ownership of which no longer conforms to the conditions necessary to qualify for exemption.
345 (1) In addition to the provisions of any other Act, the Lieutenant Governor in Council may make regulations prescribing exemptions from property taxes under any Act, in respect of prescribed
(a) industrial land or industrial improvements or both, or
(b) business land or business improvements or both.
(2) Regulations under subsection (1) may be different for different classes of property.
346 (1) In addition to the provisions of any other Act, the Lieutenant Governor in Council may make regulations prescribing exemptions from property taxes under any Act in respect of
(a) prescribed land or improvements, or both, at prescribed community ports, and
(b) prescribed improvements at prescribed community airports.
(2) Regulations under subsection (1) may be different
(a) for different classes of property as described in the regulations,
(b) for different community ports, and
(c) for different community airports.
(3) An exemption under subsection (1) applies to a port or airport only for a taxation year in which it is operated as a community port or community airport, as applicable.
347 For the purposes of this Division:
"land" means land maintained as a golf course or held for cemetery purposes and not exempt from taxation under sections 339 and 340;
"valuation agreement" means an agreement under section 348.
348 (1) Despite any Act, a council may, by agreement with the owner of land, establish an amount that, subject to this section, is deemed to be the assessed value of the land during the term of the agreement for the purposes of imposing taxes other than taxes for school purposes.
(2) A valuation agreement must be for a term of at least 10 years.
(3) There may be separate valuation agreements for separate parcels of land.
(4) The actual value of the land at the date of a valuation agreement, as determined by the assessor for the assessment roll for that year, must be set out in the agreement.
(5) A valuation agreement may be renewed in accordance with the terms of the agreement.
(6) A valuation agreement must set out the provisions of section 349 in the form of covenants by or provisions or conditions agreed to by the municipality and the owner, or both as appropriate, together with any other covenants, provisions and conditions agreed to and not inconsistent with this Division.
(7) The council may agree to rescind or amend an agreement made under this section, including rescission or amendment of a covenant, provision or condition included by reason of subsection (6).
(8) [Repealed 1997-25-80.]
349 (1) Land that is the subject of a valuation agreement must be retained and maintained during the term of the agreement for the use and purpose specified in the agreement.
(2) If, during the term of a valuation agreement, the owner sells the land, the agreement is terminated and the owner is liable to the municipality for whichever of the following is greater:
(a) 50% of the difference between the sale price and the actual value, if the sale price is greater than the actual value;
(b) the sum calculated under subsection (3) (a).
(3) If, during the term of a valuation agreement, the owner of the land sells part of the land, the agreement is terminated for the part sold, and the owner is liable to the municipality for an amount equal to the total of
(a) the sum of the total taxes on all the land that is the subject of the agreement that, but for the agreement, would have been imposed by the municipality, reduced by any amounts already paid to the municipality as taxes on the land, together with accrued interest on the remainder at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act,
plus
(b) 50% of the difference between
(i) the sale price of the part sold, if it exceeds the amount determined under subparagraph (ii), and
(ii) the amount that bears the same proportion to the actual value of all the land subject to the agreement that the area of the land sold bears to the area of all the land.
(4) If, during the term of a valuation agreement, the owner of the land changes or permits a change of the use of all or part of the land from that specified in the agreement, the agreement is terminated for the land the use of which has changed, and the owner is liable to the municipality for taxes calculated as in subsection (3) (a).
(5) The municipality has the first right to purchase land that is subject to a valuation agreement.
(6) A dispute between the parties to a valuation agreement on any matter arising from the agreement must be settled under the Commercial Arbitration Act.
350 (1) After the end of the term of a valuation agreement, if the owner of the land that was the subject of the agreement sells or changes or permits a change in the use of the land, section 349 (2) and (3) or (4) applies, as the case may be, as if the agreement were still in force, subject to subsection (2).
(2) The owner's liability under section 349 is reduced by the proportion that the number of years that have passed since the end of the agreement bears to 10.
351 (1) The assessor must continue to assess land subject to a valuation agreement as if the agreement had not been made and must maintain a record of the values assessed.
(2) The owner of the land subject to a valuation agreement has the usual right of complaint and appeal for an annual assessment under subsection (1).
(3) A valuation agreement is registrable in the proper land title district, and on registration constitutes a charge on the land, having preference over a claim, lien, privilege or encumbrance of any person except the Crown.
(4) All amounts for which an owner of land becomes liable to a municipality under this Division form a charge on the land and are collectable in the same manner and with the same remedies as ordinary taxes on land and improvements under this Act.
(5) The registrar of land titles must not transfer land subject to a valuation agreement without a certificate from the designated municipal officer showing that all obligations for amounts owing by the owner under sections 347 to 350 and the valuation agreement have been discharged.
352 (1) Despite this Act, land in a municipality that is forest land as defined in the Assessment Act must be so classified by the assessor and assessed under that Act, but taxed under section 359 (1) (a) [municipal property taxes].
(2) The exemption provided by section 15 (1) (l) of the Taxation (Rural Area) Act applies to land in a municipality, but section 131 (2) of the School Act applies for the purposes referred to in section 359 (1) (b) [property taxes for other bodies] of this Act.
353 (1) In this section:
"utility company" means an electric light, electric power, telephone, water, gas or closed circuit television company;
"specified improvement" means an improvement of a utility company that is
(a) a pole line, cable, tower, pole, wire, transformer, equipment, machinery, exchange equipment, main, pipe line or structure, other than a building,
(b) erected or placed in, on or affixed to
(i) land in a municipality, or
(ii) a building, fixture or structure in or on land in a municipality, and
(c) used solely in the municipality or a group of adjoining municipalities by the company for local generation, transmission, distribution, manufacture or transportation of electricity, telephonic communication, water, gas or closed circuit television.
(2) A utility company that is carrying on business in a municipality in which it has specified improvements must be taxed annually by the municipality at the rate of 1% as follows:
(a) for a telephone or closed circuit television company, on the gross rentals received in the second preceding year from its subscribers for telephone or television service located in the municipality, including telephone interexchange tolls for calls between exchanges in the municipality;
(b) for any other utility company, on the amount received in the second preceding year by the company for electric light, electric power, water or gas consumed in the municipality, other than amounts received for
(i) light, power or water supplied for resale,
(ii) gas supplied for the operation of motor vehicles fueled by natural gas, or
(iii) gas supplied to any gas utility company, other than a government corporation as defined in the Financial Administration Act or a subsidiary of a government corporation.
(3) Tax under subsection (2) is subject to the same remedies and penalties as taxes under Part 10.1 [Taxes, Fees and Charges].
(4) A utility company liable to tax under subsection (2) must
(a) by October 31 in each year, for the purpose of determining the tax payable in the next year, file with the collector a return of the revenue referred to in that subsection that was received in the preceding year, and
(b) pay the tax imposed under subsection (2) in accordance with Division 1 of Part 11 [Tax Collection – Due Dates and Tax Notices].
(5) As an exception to subsections (2) and (4), in the case of a company to which this section applies for the first time in the municipality,
(a) the company must pay the tax imposed under subsection (2) in the second year of its operation on the basis of revenue earned in the first year, and
(b) the report of revenue earned in the first year must be filed before May 8 of the second year of operation.
(6) Tax imposed on a utility company under subsection (2) is in place of tax that might otherwise be imposed on the specified improvements under section 359 (1) (a) [municipal property taxes], and taxes may not be imposed under that provision on the specified improvements although they may be imposed on those improvements under section 359 (1) (b) [property taxes for other bodies].
(7) For certainty, all land and improvements of a utility company in a municipality, other than specified improvements, are subject to tax under section 359 [annual property tax bylaw].
354 [Repealed 1999-37-97.]
355 For the purpose of this Division, "occupier" means an occupier as defined in the Assessment Act.
356 (1) Subject to this section, land and its improvements are liable to taxation if the land is
(a) owned in fee simple by the Crown or some person or organization on behalf of the Crown, and
(b) held or occupied other than by or on behalf of the Crown.
(2) This section does not make the following liable to taxation:
(a) land or improvements otherwise exempt under section 339 (1) (b) to (l);
(b) land or improvements otherwise exempt under the municipal portion of section 339 (1) (a);
(c) land or improvements exempted by a bylaw under section 341, 342, 343.1, 344, 344.1 or 346;
(d) a highway occupied by
(i) a gas, electric light, telephone, telegraph, power, pipeline, water, motor bus, electric trolley bus, radio or television broadcasting or closed circuit television company, or
(ii) a company that, in addition to any other function, provides a service similar in nature to a service referred to in subparagraph (i).
(3) Except as provided under the Veterans' Land Act (Canada) and subsection (4), the taxes imposed on land and improvements referred to in subsection (1)
(a) are a liability only of the holder or occupier, recoverable in the manner set out in this Act, and
(b) are not a lien or charge on the land and improvements that are not liable to tax sale.
(4) In the case of land disposed of by the Provincial government for which the Crown grant has not been registered,
(a) the land, together with its improvements, is liable to tax sale,
(b) the taxes imposed are a lien and charge on the land and its improvements, and
(c) the provisions of this Act for assessment, taxation, recovery of taxes and tax sale apply for the purposes of this subsection.
(5) If a supplementary assessment roll has been prepared under the Assessment Act for land held or occupied in the manner referred to in subsection (1),
(a) the holder or occupier is liable to real property tax in the calendar year in which the holding or occupancy began for the portion of the calendar year the land was held or occupied, and
(b) section 373 [taxation based on supplementary roll] applies for the purposes of this subsection.
(6) This section also applies to
(a) improvements owned, held or occupied by or leased to, a person other than the Crown, located on land the fee of which is vested in the Crown or in some other person or organization on behalf of the Crown, and
(b) land held in trust for a band of Indians and occupied, other than in an official capacity, by a person who is not an Indian.
357 (1) If the fee simple of land is vested in a municipality but the land is held or occupied other than by or on behalf of the municipality, the rules for taxation of Crown land used by others, as set out in section 356 (1), (2), (3) and (6) (a), apply to the land and its improvements and make them liable for taxation.
(2) This section does not apply to land or improvements that are exempt from taxation by the municipality under the terms of a lease agreement entered into before July 1, 1957.
358 An occupier of land in the municipality assessed under section 27 of the Assessment Act is subject to taxation in the same manner as an occupier of land taxed under section 357.
359 (1) Each year, after adoption of the financial plan but before May 15, a council must, by bylaw, impose property value taxes for the year by establishing tax rates for
(a) the municipal revenue proposed to be raised for the year from property value taxes, as provided in the financial plan, and
(b) the amounts to be collected for the year by means of rates established by the municipality to meet its taxing obligations in relation to another local government or other public body.
(2) Unless otherwise permitted by this or another Act, a property value tax under subsection (1) must be imposed
(a) on all land and improvements within the municipality, other than land and improvements that are exempt under this or another Act in relation to the tax, and
(b) on the basis of the assessed value of the land and improvements.
(3) For the purposes of subsection (1) (a), the bylaw may establish for each property class
(a) a single rate for all revenue to be raised, or
(b) separate rates for revenue to be raised for different purposes but, in this case, the relationships between the different property class rates must be the same for all purposes.
(4) For the purposes of subsection (1) (b), for each local government or other public body in relation to which the amounts are to be collected,
(a) the bylaw must establish separate rates for each property class, and
(b) the relationships between the different property class rates must be the same as the relationships established under subsection (3) unless otherwise required by this or another Act.
(5) Property value taxes under subsection (1) are deemed to be imposed on January 1 of the year in which the bylaw under that subsection is adopted, unless expressly provided otherwise by the bylaw or by the enactment under which they are imposed.
(6) The minimum amount of tax under subsection (1) in any year on a parcel of real property is $1.
(7) If the amount of revenue raised in any year for a body under subsection (1) (b) is more or less than the amount that is required to meet the municipality's obligation, the difference must be used to adjust the rate under subsection (1) (b) for the next year.
359.1 (1) Instead of imposing tax rates on the assessed value of land and improvements, an annual property tax bylaw may impose rates under subsection (2) or (3).
(2) For an assessment averaging option, tax rates may be imposed on the amount determined in accordance with the following formula:
Amount = averaged land value + assessed improvements value
where
averaged land value = the average of the assessed value of the land in the current year and the 2 preceding years;
assessed improvements value = the assessed value of improvements in the current year.
(3) For an assessment phasing option, tax rates may be imposed on the amount determined in accordance with the following formula:
Amount = (assessed land value – phasing reduction) + assessed improvements value
where
assessed land value = the assessed value of the land in the current year;
phasing reduction = the phasing percentage established by the bylaw, being not less than 50% and not more than 66%, of the difference between
(a) the increase in the assessed value of the land in the current year from the previous year, and
(b) the assessed value of the land in the previous year multiplied by the average percentage increase in the assessed value from the previous year to the current year of all land within the municipality included in the same property class;
assessed improvements value = the assessed value of improvements in the current year.
(4) A council must not adopt a bylaw imposing tax rates under this section unless the following requirements are met:
(a) the council complies with the requirements of any regulations under subsection (13);
(b) before January 1 of the year in which the bylaw is to take effect, notice of intent to consider the bylaw is provided to the inspector and to the assessment commissioner;
(c) after January 1 of the year in which the bylaw is to take effect and at least 2 weeks before the adoption of the bylaw, a notice that
(i) contains the prescribed information, and
(ii) describes the estimated effect of the bylaw on the taxation of sample properties within the municipality
is published in 2 consecutive issues of a newspaper;
(d) the bylaw is adopted before March 31 in the year in which it is to take effect;
(e) the bylaw establishes a procedure to allow property owners to complain to the local court of revision about errors made in applying the bylaw to their property.
(5) Subject to any regulations under subsection (13), a bylaw imposing tax rates under this section may
(a) apply to one or more property classes, or
(b) modify the averaging formula in subsection (2) or the phasing formula in subsection (3) to exempt from the bylaw or govern the application of the bylaw to particular types of property within a property class.
(6) The authority under subsection (5) (b) includes authority in relation to property with an assessed value that is different from that on the previous assessment roll because of one or more of the following:
(a) an error or omission;
(b) a subdivision or consolidation or a new development to, on or in the land;
(c) a change in
(i) physical characteristics,
(ii) zoning,
(iii) the classification of the property under section 19 (14) of the Assessment Act, or
(iv) the eligibility of the property for assessment under section 19 (8), 23 or 24 of the Assessment Act;
(d) any other prescribed factor.
(7) If a council adopts a bylaw imposing tax rates under this section, the following rules apply:
(a) the assessed value or the net taxable value must continue to be the basis for determining the amount of money to be raised in the municipality for the purposes of the following:
(i) section 359 (1) (b) [property taxes for other bodies];
(ii) sections 119 and 137 of the School Act;
(iii) section 17 of the Assessment Authority Act;
(iv) sections 15 and 17 of the Municipal Finance Authority Act;
(v) section 14 of the British Columbia Transit Act;
(vi) any other prescribed enactment;
(b) the value determined under the bylaw, and not the assessed value or the net taxable value referred to in this or any other Act, must be the basis for taxing properties within the property classes specified in the bylaw to raise the money required under the provisions referred to in paragraph (a).
(8) If
(a) a body other than the council sets a rate under an enactment for calculating property taxes, and
(b) the council adopts a bylaw imposing tax rates under this section,
then, despite any other Act, the council must, by resolution, substitute a rate that is sufficient to raise the same amount of revenue in the municipality for that body from each property class to which that bylaw applies as the amount that would have been raised for that body had that bylaw not been adopted.
(9) If the amount of revenue raised in any year for a body under subsection (8) is more or less than the amount that would have been raised had the council not substituted the rate, the difference must be used to adjust the rate for the next year.
(10) If a council adopts a bylaw imposing tax rates under this section,
(a) it must establish a local court of revision in accordance with Division 2 [Parcel Taxes], and
(b) the local court of revision may
(i) adjudicate complaints about errors made in applying the bylaw to the assessed value of any property, and
(ii) direct the collector to make any amendments to the adjusted value of the property that are necessary to give effect to the court's decision.
(11) If the assessed value of a parcel of land on the assessment roll has been adjusted under a bylaw adopted under this section, the tax notice under section 369 [general tax notices] for the parcel must include or have enclosed with it a statement
(a) informing the owner that assessed values and tax rates have been adjusted as a result of the bylaw,
(b) specifying the adjusted value of the land and the value of any improvements on it, and
(c) describing the procedure for requesting the collector to correct errors and for complaining to the local court of revision.
(12) On the initiative of the collector or on the request of an owner who is notified under subsection (11) of adjustments to the assessed value of the owner's property, the collector may correct errors made in applying the bylaw to any property.
(13) The Lieutenant Governor in Council may make regulations as follows:
(a) restricting the property classes to which a bylaw imposing tax rates under this section may apply;
(b) defining any term used in this section;
(c) governing the way in which the averaging formula in subsection (2) or the phasing formula in subsection (3) may be modified to exempt from the bylaw or govern the application of the bylaw to particular types of property within a property class, including property referred to in subsection (6);
(d) prescribing the information to be contained in the notice that is to be published under subsection (4) (c);
(e) prescribing factors for the purposes of subsection (6) and enactments for the purposes of subsection (7).
359.2 (1) The Lieutenant Governor in Council may make regulations respecting tax rates that may be established by an annual property tax bylaw, including regulations doing one or more of the following:
(a) prescribing limits on tax rates;
(b) prescribing relationships between tax rates;
(c) prescribing formulas for calculating the limits or relationships referred to in paragraph (a) or (b);
(d) allowing the inspector under prescribed circumstances to vary, by order, the limits, relationships or formulas prescribed under any of paragraphs (a) to (c).
(2) Regulations under subsection (1) may prescribe different tax limits, relationships or formulas for each class of property, different municipalities or different classes of municipality and may be different for one or more of the following:
(a) the taxation of land and improvements for the purposes of section 359 (1) (a) [municipal property taxes];
(b) the taxation of land and improvements for the purposes of section 359 (1) (b) [property taxes for other bodies] or for another purpose referred to in section 359.1 (7) (a) [assessment averaging and phasing for other bodies];
(c) the taxation of land or improvements, or both, under Part 19 [Local Improvements and Specified Areas], based on assessed value or the value determined under section 359.1 [assessment averaging and phasing].
(3) The Lieutenant Governor in Council may only make a regulation under this section after the minister has consulted with representatives of the Union of British Columbia Municipalities respecting the proposed regulation.
359.3 (1) Taxes imposed on a parcel of land that is combined under the Assessment Act with other parcels to form one parcel are deemed to be taxes on all the land combined as one parcel.
(2) For the purposes of assessment, taxation, recovery of taxes and tax sale, parcels combined as referred to in subsection (1) are deemed to constitute one parcel.
360 (1) A council may, by bylaw, impose a parcel tax in accordance with this Division to provide all or part of the funding for a service.
(2) Unless otherwise permitted by this or another Act, a parcel tax under this section must be imposed on all parcels within the municipality, other than those that are exempt under this or another Act in relation to the tax.
(3) A bylaw under subsection (1) must
(a) state the service for which the tax is imposed,
(b) state the years for which the tax is imposed,
(c) state the basis, as referred to in section 360.1 (2) [assessment roll bylaw – basis of taxation], on which the tax is to be imposed,
(d) identify the assessment roll under this Division that is to be used for imposing the tax, and
(e) impose the rates for the tax.
(4) A bylaw under subsection (1) may provide for waiving or reducing the tax if the owner or a previous owner of the parcel has
(a) provided all or part of the service at the owner's expense, or
(b) already paid towards the cost of the service on terms and conditions specified in the bylaw.
(5) The municipality must make available to the public, on request, a report respecting how parcel tax rates under this section were determined.
(6) In each year that a parcel tax is imposed under this section, it is deemed to be imposed on January 1 of the year unless expressly provided otherwise by the bylaw under subsection (1).
360.1 (1) A council may, by bylaw, direct the preparation of an assessment roll for the purposes of imposing a parcel tax.
(2) A bylaw under subsection (1) must establish the basis on which a parcel tax may be imposed using the assessment roll, which may be on the basis of
(a) a single amount for each parcel,
(b) the taxable area of the parcel, or
(c) the taxable frontage of the parcel.
(3) If the bylaw provides a basis under subsection (2) (b) or (c), it must establish how the taxable area or taxable frontage of a parcel is to be determined, subject to the following:
(a) the methods for determination must be based on the physical characteristics of the parcel;
(b) the basis established for one class of parcel must be fair and equitable as compared with the basis established for other classes of parcels.
(4) A bylaw under subsection (1) may establish different classes of parcels and make different provisions for different classes of parcels.
361 (1) The assessment roll for a parcel tax must set out the following:
(a) the parcels to be assessed;
(b) the name and address of the owner of each parcel;
(c) unless the tax is imposed on the basis of a single amount for each parcel, the taxable area or the taxable frontage of each parcel, as applicable;
(d) if the name of a holder of a registered charge is included on the assessment roll under section 4 of the Assessment Act for a parcel, the name and address of that person.
(2) The collector may correct errors on the assessment roll at any time before the roll is authenticated under section 361.5 [authentication of assessment roll].
(3) Once prepared by the collector, the assessment roll must be open for public inspection at the municipal hall during its regular office hours.
(4) If requested by an owner, the collector must amend an assessment roll that is to be available for public inspection by omitting or obscuring the address of the owner or other information about the owner in order to protect the privacy or security of the owner.
(5) A request under subsection (4) continues to apply to other assessment rolls under this Division until the request is rescinded.
361.1 (1) Before a parcel tax is imposed for the first time, a local court of revision must consider any complaints respecting the assessment roll and must authenticate the assessment roll in accordance with this Division.
(2) A local court of revision is to consist of
(a) the council members, or
(b) at least 3 and not more than 5 persons appointed for that purpose, who may or may not be council members.
(3) Before taking on his or her duties, a member of a local court of revision must swear or affirm an oath in the form prescribed by regulation or established by bylaw.
361.2 (1) The council must
(a) establish the time and place for the sitting of the local court of revision, and
(b) have notice of the time and place published in a newspaper at least 2 weeks before the day of the sitting.
(2) At least 14 days before the day set for the sitting of the local court of revision, the collector must mail or otherwise deliver to the owner of every parcel of land that is to be taxed a notice stating
(a) the service in relation to which the parcel tax is to be imposed,
(b) the taxable area or the taxable frontage, if applicable,
(c) the time and place of the first sitting of the local court of revision, and
(d) that the assessment roll is available for inspection at the municipal hall during its regular office hours.
(3) The obligation to give notice under subsection (2) is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
361.3 (1) Subject to subsection (2), a person may make a complaint to the local court of revision on one or more of the following grounds:
(a) there is an error or omission respecting a name or address on the assessment roll;
(b) there is an error or omission respecting the inclusion of a parcel;
(c) there is an error or omission respecting the taxable area or the taxable frontage of a parcel;
(d) an exemption has been improperly allowed or disallowed.
(2) A complaint must not be heard by the local court of revision unless written notice of the complaint has been given to the municipality at least 48 hours before the time set for the first sitting of the local court of revision.
(3) The local court of revision may direct the correction of the assessment roll respecting any matter referred to in subsection (1).
(4) As a limit on subsection (3), a correction that would
(a) include a parcel on the assessment roll that had not been included before, or
(b) increase the taxable area or taxable frontage of a parcel on the assessment roll
must not be directed until 5 days after a notice in accordance with subsection (5) has been mailed or otherwise delivered to the owner of the parcel.
(5) The notice under subsection (4) must state
(a) the intention of the local court of revision, and
(b) the time and place set for the court to give its direction.
(6) The obligation to give notice under subsection (4) is satisfied if a reasonable effort was made to deliver the notice.
361.4 (1) The following sections of the Assessment Act apply to a local court of revision:
section 32 (3), (4) and (5) [complaints by local government or assessor];
section 33 (3) [contents of notice of complaint];
section 35 (1) (b) and (c) and (2) [notice of hearing to complainant];
section 36 [daily schedule of review panel];
section 37 [notice of withdrawal of complaint];
section 38 (2) (a), (7) and (9) [review panel procedures];
section 40 [burden of proof].
(2) For the purposes of subsection (1), a reference in those sections to a review panel is deemed to be a reference to a local court of revision and a reference to an assessor is deemed to be a reference to the collector.
361.5 (1) The chair of the local court of revision must review the assessment roll to confirm that the directed corrections have been made and must report this to the local court of revision.
(2) After receiving the report of the chair, the local court of revision must identify, confirm and authenticate the assessment roll by inscribing or endorsing on it, or attaching to it, a certificate signed by a majority of the members of the court.
361.6 (1) Within 10 days after an assessment roll is authenticated under section 361.5, the collector must mail or otherwise deliver notice of the decision made by the local court of revision, or of its refusal to adjudicate the complaint made, to
(a) the owner of the property to which the decision relates, and
(b) the complainant, if the complainant is not the owner.
(2) The obligation to give notice under subsection (1) is satisfied if a reasonable effort was made to deliver the notice.
(3) Notice under subsection (1) must include a statement that the decision may be appealed to the Supreme Court in accordance with section 361.7.
361.7 (1) A decision of the local court of revision may be appealed to the Supreme Court by a person entitled to notice under section 361.6 or by the municipality.
(2) In order for a person entitled to notice under section 361.6 to appeal, within 10 days after the notice is mailed or otherwise delivered to the person, the person must serve on the municipality a written notice of intention to appeal that
(a) is signed by the person, or by the person's solicitor or an agent authorized in writing, and
(b) sets out the grounds of appeal.
(3) In order for the municipality to appeal, within 10 days after the date on which the assessment roll is authenticated, it must serve a written notice as described in subsection (2) on the property owner affected by the appeal and, if applicable, on the complainant.
(4) The court must set a day for hearing the appeal, notice of which must be given to the municipality, the property owner and, if applicable, the complainant.
(5) On an appeal under this section,
(a) the collector must produce before the court the assessment roll and all records in that officer's possession affecting the matter, and
(b) the court must hear the appeal, including evidence adduced on oath before it, in a summary manner.
(6) The court may adjourn the hearing of an appeal under this section and defer judgment in its discretion, but so that all appeals may be determined within 30 days from the authentication of the assessment roll by the local court of revision.
(7) If an appeal is not decided within the time referred to in subsection (6), the decision of the local court of revision stands.
(8) A decision of the Supreme Court under this section may be appealed on a question of law to the Court of Appeal with leave of a justice of the Court of Appeal.
361.8 (1) The collector may amend the assessment roll in relation to a matter referred to in section 361.3 (1) [complaints to local court of revision] on receiving a request under subsection (2) or on the collector's own initiative.
(2) An owner of a parcel included on an assessment roll may request that the roll be amended under this section respecting a matter described under section 361.3 (1) [complaints to local court of revision], but only in relation to their own property.
(3) In each year after the first year in which a parcel tax is imposed, the municipality must publish in a newspaper a notice indicating the following:
(a) that owners of parcels included on the assessment roll may request that the roll be amended respecting a matter described under section 361.3 (1) [complaints to local court of revision], but only in relation to their own property;
(b) that the assessment roll is available for inspection at the municipal hall during its regular office hours;
(c) the time by which a request must be made in order to be considered for that year.
(4) A request under subsection (2) must be made in writing to the municipality before the time specified in the notice.
(5) Notice of an amendment, or a refusal to make an amendment requested under subsection (2), must be mailed or otherwise delivered to all owners of parcels in relation to which the amendment was made or the request received, and for these purposes section 361.2 (2) and (3) [notice of sitting by local court of revision] applies.
(6) An owner referred to in subsection (5) may make a complaint on one or more of the grounds set out in section 361.3 (1) [complaints to local court of revision], but only in relation to the owner's property.
(7) A complaint under subsection (6) is made by giving written notice of the complaint to the municipality within 30 days after the date on which the notice under subsection (5) was delivered.
(8) If a municipality receives a complaint in accordance with subsection (7), it must hold a local court of revision, and for these purposes sections 361.1 to 361.7 [local court of revision process] apply.
(9) If no complaints under subsection (7) are received, the assessment roll as it is amended under subsection (1) is deemed to have been authenticated by the local court of revision.
361.9 Subject to amendment on appeal under section 361.7 [appeal to Supreme Court], despite any omission, defect or error in procedure or in an assessment roll, or in a notice or the omission to deliver a notice,
(a) the initial assessment roll, as authenticated by the local court of revision, is valid and binding on all parties concerned until amended under section 361.8 [updating assessment roll], and
(b) any subsequent assessment roll prepared under section 361.8 [updating assessment roll] that is authenticated or deemed to be authenticated by the local court of revision under that section is valid and binding on all parties concerned until any further amendments are made under that section.
362 Section 359.3 [grouping of parcels] applies in relation to a tax under this Division.
363 (1) A council may, by bylaw, impose a fee or charge payable in respect of all or part of a service of the municipality or the exercise of regulatory authority by the municipality.
(2) Without limiting subsection (1), a bylaw under this section may do one or more of the following:
(a) if the bylaw is in relation to an authority to provide a service or regulate outside the municipality, apply outside the municipality;
(b) base the fee or charge on any factor specified in the bylaw, including by establishing different rates or levels of fees in relation to different factors;
(c) establish different classes of persons, property, businesses and activities and different fees or charges for different classes;
(d) establish terms and conditions for payment, including discounts, interest and penalties;
(e) provide for the reduction, waiving or refund of a fee or charge if, as specified in the bylaw, a person
(i) has already paid towards the costs to which the fee or charge relates,
(ii) does not require the service to which the fee or charge relates,
(iii) no longer undertakes the activity or thing for which a licence, permit or approval was required, or
(iv) has prepaid towards the costs of the service to which the fee or charge relates and use of the service by the person is discontinued;
(f) establish fees for obtaining copies of documents that are available for public inspection.
(3) As an exception, a council may not establish a fee or charge under this section
(a) in relation to Part 3 [Elections] or 4 [Other Voting], or
(b) in relation to any other matter for which another provision of this Act specifically authorizes the imposition of a fee or charge.
(4) A municipality must make available to the public, on request, a report respecting how a fee or charge imposed under this section was determined.
364 (1) This section applies to amounts that are referred to in section 376 (1) [special fees and charges that may be collected as taxes].
(2) An amount referred to in subsection (1)
(a) is a charge or lien on the land and its improvements in respect of which the charge is imposed, the work done or services provided,
(b) has priority over any claim, lien, privilege or encumbrance of any person except the Crown, and
(c) does not require registration to preserve it.
(3) An owner of land or real property aggrieved by the creation of a charge or lien under this section may, on 10 days' written notice to the municipality, apply to the Supreme Court for an order that the charge be removed or that the amount for which it was imposed be varied.
(4) On an application under subsection (3), if the court is satisfied that any of the amount for which the charge or lien was created was imposed improperly, it may order that the charge or lien be removed or that the amount be varied, or make another order it considers proper.
365 Property taxes under Part 10.1 are due as follows:
(a) in accordance with the general tax collection scheme under section 366, if the municipality does not establish its own scheme under section 367;
(b) if the municipality does establish a scheme under section 367, in accordance with section 368.
366 (1) If this section applies, property taxes for a year are due on July 2 of the year.
(2) The Lieutenant Governor in Council may make regulations establishing penalties and interest that must be applied by municipalities in relation to payments made after the tax due date under subsection (1).
367 (1) A council may, by bylaw, establish one or more dates on which all or part of the property taxes under Part 10.1 are due.
(2) A bylaw under subsection (1) must establish an annual time period during which owners may make elections under section 368.
(3) A bylaw under subsection (1) may do one or more of the following:
(a) establish procedures for determining the amount of taxes due on each of the due dates;
(b) provide for
(i) estimating, before the adoption of the annual property tax bylaw, the amount of taxes payable in the year, and
(ii) making adjustments to payments due after the adoption of that bylaw in order to take into account variations between the estimated and actual taxes payable;
(c) establish discounts to be applied in relation to payments made before a tax due date established by the bylaw;
(d) establish penalties and interest to be applied in relation to payments made after a tax due date established by the bylaw;
(e) set terms, conditions and procedures in relation to payments, which may be different for different classes of owners as established by the bylaw.
(4) As a limitation on subsection (3) (a), there must not be more than 12 months between the first and last due dates for annual taxes for any year.
368 (1) If a municipal tax collection scheme is established, the applicable scheme is determined in accordance with the following:
(a) if an owner has elected in accordance with subsection (2) to pay under the municipal scheme, that scheme applies;
(b) if an owner has elected in accordance with subsection (2) to pay under the general tax collection scheme, that scheme applies;
(c) if paragraph (a) or (b) does not apply and the municipal tax collection scheme
(i) has not established due dates that are before July 2,
(ii) has not established any interest, or has established interest that does not exceed the interest for the general tax collection scheme prescribed under section 366 (2), and
(iii) has not established any penalty, or has established penalties that do not exceed the penalties for the general tax collection scheme prescribed under section 366 (2),
the municipal tax collection scheme applies;
(d) if no other paragraph applies, the general tax collection scheme applies.
(2) An owner may make an election, or change an election, referred to in subsection (1) (a) or (b) by giving written notice of the election to the municipality within the time period established under section 367 (2) [municipal scheme].
(3) If the land title registration of a property indicates that there is more than one registered owner of the property, a person giving notice under subsection (2) may only do so with the written consent of the number of those persons who, together with the person giving notice, are a majority of the registered owners.
(4) As a limit on subsection (2), after an election or change has been made under this section, no further change in election may be made for the same year.
(5) Once an election or change has been made under this section, the owner is liable to make payments in accordance with the applicable scheme until the owner has made a subsequent change in election under this section.
369 (1) Each year a municipality must mail a tax notice in accordance with this section to each owner of property subject to tax under this Part.
(2) A tax notice must include the following:
(a) a short description of the property;
(b) the taxes imposed under this Part for the current year, separately stated for
(i) property value taxes imposed under section 359 (1) (a) [municipal property taxes],
(ii) each property value tax imposed under section 359 (1) (b) [property taxes for other bodies],
(iii) each property value tax collected by the municipality on behalf of another local government or other public body on the basis of tax rates imposed by the other body, and
(iv) each parcel tax imposed under section 360 [parcel tax bylaw];
(c) other taxes or charges that are payable in relation to the property;
(d) any credit or abatement authorized by this or another Act;
(e) when the penalties under section 366 [general tax collection scheme] will be added if taxes are not paid;
(f) other information that may be prescribed by regulation.
(3) The tax notice must include or have enclosed with it an application for a grant under the Home Owner Grant Act.
(4) A tax notice under this section must also be mailed to each holder of a registered charge in relation to the property whose name is included on the assessment roll.
(5) For the purposes of this section, the tax notice is to be mailed to the owner or other person at the address on the assessment roll.
(6) If a number of parcels are assessed in the name of the same owner,
(a) any number of those parcels may be included in one tax notice, and
(b) if several of the parcels are assessed at the same value, the tax notice is sufficient if it clearly identifies the property assessed and taxed as a block, parts of a block or a series of lots, without the full description for each parcel.
(7) The obligation to give notice under this section is satisfied if the municipality made a reasonable effort to mail or otherwise deliver the tax notice.
370 (1) The collector must mail or otherwise deliver a copy of a tax notice under section 369 [general tax notices] and any statement under section 382 [statement of taxes in arrear or delinquent] to all persons who have requested this during the current year in accordance with subsection (2).
(2) In order to make a request for the purposes of this section, a person must make a written request to the municipality and include in it a description of the property for which the tax notice is requested sufficient to allow the property to be identified.
(3) The obligation under subsection (1) is satisfied if a reasonable effort was made to mail or otherwise deliver the notice or statement.
371 (1) If a person is refunded an amount of taxes paid under this Act, the municipality must pay the person interest at the rate prescribed under subsection (2).
(2) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of this section.
372 (1) If an assessment is set aside or varied after the annual property tax bylaw is adopted, the collector must
(a) make the necessary adjustments to the taxes imposed on the affected property, and
(b) report on that adjustment to the council.
(2) The amount of any tax as amended under this section is the amount of taxes imposed for the current year on the property affected and, despite the terms of a receipt given by the collector, any excess paid must be refunded and any balance unpaid is tax due and payable.
373 (1) If taxes are to be imposed on the basis of a supplementary roll under the Assessment Act, 30 days' notice must be given for payment of those taxes and a penalty must not be added in that period.
(2) The obligation to give notice under subsection (1) is satisfied if the collector made a reasonable effort to mail or otherwise deliver the notice.
(3) Taxes imposed on the basis of a supplementary roll are a debt to the municipality and subject to all methods available to the municipality for the recovery of taxes, including tax sale.
(4) If an assessment on a supplementary roll is set aside or the assessed value reduced under the Assessment Act, the collector must refund to an owner the excess amount of taxes, and any penalty and interest on that excess, paid by the owner, less any taxes in arrear or delinquent taxes the person owes to the municipality.
374 (1) If a plan of subdivision is deposited in the land title office after November 30 in any year and before June 1 in the next year, the collector may
(a) apportion the taxes payable in that next year between the parcels created by the subdivision in the same proportions as taxes would have been payable in respect of the parcels had the subdivision occurred on or before November 30 in the first year, and
(b) on making an apportionment under paragraph (a), record the apportionment in the manner that the collector considers necessary.
(2) Taxes apportioned to a parcel under subsection (1) are the taxes payable in respect of the parcel in the year for which they are apportioned.
(3) The assessor for the area in which the land is located must provide the collector with the assessed values necessary to calculate the proportions of taxes referred to in subsection (1).
375 (1) If a parcel of land subject to tax under Division 2 [Parcel Taxes] of Part 10.1 [Taxes, Fees and Charges] is subdivided, the collector must
(a) apportion the taxes payable between the parcels created by the subdivision in the same proportions as taxes would have been payable in respect of the parcels had the subdivision occurred before the assessment roll was authenticated, and
(b) on making an apportionment under paragraph (a), record the apportionment in the manner that the collector considers necessary.
(2) Taxes apportioned to a parcel under subsection (1) are the taxes payable in respect of the parcel.
(3) An apportionment or reapportionment of a parcel tax under this section does not
(a) require authorization or confirmation by bylaw or by a local court of revision,
(b) operate as a new parcel tax assessment, or
(c) in any way invalidate, reopen or affect the assessment roll other than for the land in respect of which the apportionment or reapportionment has been made.
376 (1) This section applies to
(a) fees or charges imposed under this Act for work done or services provided to land or improvements, or
(b) amounts that the municipality is entitled to recover for work done or services provided to land or improvements under any provision of this Act that authorizes the municipality to recover amounts in the event of default by a person.
(2) An amount referred to in subsection (1)
(a) may be collected in the same manner and with the same remedies as ordinary taxes on land and improvements under this Act, and
(b) if it is due and payable by December 31 and unpaid on that date, is deemed to be taxes in arrear.
(3) If an amount referred to in subsection (2) (b) is a fee or charge referred to in section 363 (2) (a) [fees and charges for services outside the municipality],
(a) the collector must promptly, after December 31, forward a statement showing the amount of the fee or charge
(i) to the Surveyor of Taxes in the case of real property that is not in a municipality, or
(ii) to the applicable municipal collector in other cases, and
(b) the Surveyor of Taxes or collector must add the amount of the fee or charge to the taxes payable on the property.
(4) If an amount is added under subsection (3) (b),
(a) the amount is deemed to be a Provincial or municipal tax, as applicable, and must be dealt with in the same manner as taxes against the property would be under the Taxation (Rural Area) Act or this Act, and
(b) when it is collected, the Minister of Finance and Corporate Relations or collecting municipality must pay the amount to the municipality to which it is owed.
(5) If an amount is added under subsection (3) (b) and is not paid at the time the property is sold by tax sale,
(a) if the upset price is obtained at the time of the tax sale, the minister or municipality referred to in subsection (4) must pay out of the proceeds of the sale the amount due under this section to the municipality to which it is owed, or
(b) if the upset price is not obtained and subsequently the property is sold, the proceeds of sale must be applied according to the respective interests in the upset price.
(6) Despite subsections (3) to (5), the municipality to which the amount is owed may bring action in a court of competent jurisdiction to recover that amount.
377 (1) The rates or tolls chargeable under a municipal bylaw or under an order of the Comptroller of Water Rights under the Water Act for carriage and delivery of water for irrigation of land in a position to be supplied or served from the municipality's irrigation works, and the costs and charges for the service, are a charge on the land that is in a position to be served or on which the water is supplied or used.
(2) The rates or tolls and costs and charges referred to in subsection (1) are taxes deemed to be imposed under this Act, and the provisions of this Act for collection and recovery of taxes apply.
(3) This section does not limit the generality of section 376 [special fees and charges that are to be collected as taxes].
378 (1) Payments for taxes must be credited by the collector against the following in the indicated order:
(a) delinquent taxes, including interest, from past years;
(b) taxes in arrear, including interest, from the preceding year;
(c) a penalty added in the current year;
(d) taxes imposed under the School Act for the current year;
(e) taxes under Part 19 [Local Improvements and Specified Areas] in the current year;
(f) any unpaid municipal taxes for the current year.
(2) Acceptance of a payment on account of taxes does not affect the liability of a person for full payment or of the land or improvements to be sold for the amount of taxes unpaid.
379 (1) The taxes for the current year on land or improvements, or both, together with any applicable penalties, that are unpaid on December 31 in the year imposed
(a) are taxes in arrear on that date, and
(b) bear interest from that date at a rate prescribed by the Lieutenant Governor in Council under section 11 (3) of the Taxation (Rural Area) Act.
(2) Taxes
(a) imposed by a municipality under section 359 (1) (b) [property taxes for other bodies], or
(b) collected by the municipality on behalf of another local government or other public body on the basis of tax rates imposed by the other body
that are unpaid on December 31 in the year imposed, together with any applicable penalties, become municipal taxes in arrear under subsection (1) on that date.
(3) The interest under subsection (1) (b) is part of the taxes in arrear, and the total amount of the taxes in arrear is a charge on the land or improvements, or both, as if the penalties and interest had originally formed part of the taxes imposed.
380 (1) Any taxes in arrear remaining unpaid on December 31 in the year following the year in which they became taxes in arrear
(a) are delinquent on that date, and
(b) bear interest from that date at a rate prescribed by the Lieutenant Governor in Council under section 11 (3) of the Taxation (Rural Area) Act until paid or recovered.
(2) The added interest under subsection (1) (b) is part of the delinquent taxes and is a charge as in section 379 (3) [taxes in arrear].
381 (1) If a parcel of land appears on the assessment roll to have been subdivided, the collector must apportion taxes in arrear and delinquent taxes in the same proportion as the assessment for each new parcel bears to the total assessment.
(2) The assessor for the area in which the land is located must provide the collector with the assessment apportionment required for the purpose of subsection (1).
(3) Subsections (1) and (2) also apply if part of a parcel on which taxes are due has been sold and the transfer has been delivered to the purchaser.
(4) If a plan of subdivision has been cancelled, the amount of any taxes in arrear or delinquent taxes against a parcel in the plan or subdivision cancelled are taxes in arrear or delinquent taxes against the parcel of land as it appears after cancellation.
382 (1) No later than the date on which the tax notice under section 369 [general tax notices] is mailed, the collector must mail a statement of the amount of the taxes in arrear and of delinquent taxes to each assessed owner of
(a) property for which there are taxes in arrear or delinquent taxes, or
(b) property sold under section 403 [annual tax sale] but remaining subject to redemption under section 417 [redemption by owner].
(2) A statement under subsection (1) must also be mailed to each holder of a registered charge in relation to the property whose name is included on the assessment roll.
(3) The obligation to mail a statement under subsection (1) or (2) is satisfied if a reasonable effort was made to mail or otherwise deliver the statement.
(4) If applicable, the statement under subsection (1) must be in the form prescribed by regulation.
383 (1) On demand and without charge, the collector must give the owner of real property whichever of the following is applicable to the property:
(a) a written statement showing the amount of all unpaid taxes;
(b) a certificate that all taxes, fees and charges imposed against the real property identified in the certificate have been fully paid.
(2) The collector must provide, to any person who requests this, a certificate showing
(a) the amount of unpaid taxes charged against specified real property,
(b) whether the real property has been sold for taxes, and
(c) if the property has been sold for taxes, the time if any remaining for redemption and the amount required to redeem it.
(3) An error in a statement or certificate given under this section does not subject the municipality to damages.
384 to 387 [Repealed 1999-37-102.]
388 [Repealed 1998-34-64.]
389 to 395 [Repealed 1999-37-102.]
396 (1) Taxes accrued and to accrue on land and its improvements, and a judgment under section 397 for the taxes, are a charge that
(a) is a special charge on the land and improvements,
(b) has priority over any claim, lien, privilege or encumbrance of any person except the Crown, and
(c) does not require registration to preserve it.
(2) If it is necessary or advisable to protect or enforce a charge under subsection (1) by a proceeding, this may be done by order of the court, on application and on notice the court considers proper.
397 (1) A person who, in any year, is an assessed owner of land, improvements or both in a municipality, or of a taxable interest in them, is liable to the municipality for
(a) all taxes imposed by the municipality under any Act or former Act on the land, improvements or both during the year, and
(b) all unpaid taxes imposed in a previous year.
(2) The liability referred to in subsection (1) is a debt recoverable by the municipality by action in a court of competent jurisdiction.
(3) A copy of the tax notice under section 369 [general tax notices] that refers to the taxes payable by the person, certified as a true copy by the municipal officer assigned responsibility under section 198 [corporate administration], is evidence of the debt referred to in subsection (2).
(4) The liability must not be enforced by action against a person whose name appears on an assessment roll only as a personal representative or trustee of an estate, except to the extent and value of the assets of the estate that have come into that person's hands.
398 (1) Despite any Act, with the approval of the council, a collector may, directly or by agent, levy the amount of taxes due, with costs, by distress of one or more of the following:
(a) the output of the taxed property;
(b) goods and chattels of the person liable to pay the taxes;
(c) any goods and chattels in British Columbia in the possession of the person liable to pay the taxes;
(d) any goods and chattels found on the premises of the person liable to pay the taxes;
(e) any goods and chattels found on the property of or in the possession of another occupant of the premises of the person liable to pay the taxes that would be subject to distress for rent arrears due to a landlord.
(2) The costs chargeable on distress under this section are those payable as between landlord and tenant.
(3) A collector who makes distress must, by notice posted in at least 3 conspicuous public places in the locality where the property seized is to be sold, give at least 10 days' notice of
(a) the time and place of the sale, and
(b) the name of the taxpayer whose property is to be sold.
(4) At the time given in the notice under subsection (3), the collector or agent must sell at public auction the seized property or as much as may be necessary.
(5) If there is a surplus from the sale over the amount of the taxes and costs, the surplus must be paid to the person in possession of the property when it was seized, unless claim to it is made by another person on the ground that the property sold belonged to the other person, or that the other person was entitled by lien or other right to the surplus.
(6) If a claim is made by the person for whose taxes the property was distrained and the claim is admitted, the surplus must be paid to the claimant.
(7) If the claim referred to in subsection (6) is contested, the surplus must be retained by the collector until the rights of the parties have been determined.
(8) A person receiving a surplus under this section must give a receipt for it.
399 (1) A council may, by bylaw adopted by at least 2/3 of its members, accept, in place of all unpaid taxes, rates, interest and costs against otherwise unencumbered real property in the municipality, an absolute conveyance to the municipality of the whole of the real property from its registered owner.
(2) Delivery of the conveyance must be made to the municipality and, after receipt, the designated municipal officer must promptly apply to the proper land title office for registration of the municipality as owner.
(3) Registration of the municipality as owner of the land or real property is deemed to be in payment of and discharges all taxes, rates, interest and costs assessed and chargeable against the land or real property at the date of the conveyance.
400 If taxes become delinquent on land that the Provincial government has agreed to sell under an agreement to purchase,
(a) the collector must notify the minister responsible for the administration of the Land Act within 3 months after taxes with respect to the person holding the land became delinquent, and
(b) that minister must cause a suitable notation to be made on the record of purchase and may take any other steps considered advisable.
401 (1) This section applies if the Provincial government has agreed to sell land in a municipality on terms of deferred payment and the holder of the agreement for sale
(a) has defaulted in payment for the land, or has abandoned the land with the title remaining in the Provincial government, and
(b) has defaulted in payment of municipal taxes against the land.
(2) The municipal taxes referred to in subsection (1) are a first charge against the land and, following the sale of the land, the Provincial government must pay the municipal taxes out of the proceeds of the sale, subject to the limit that the amount paid must not exceed the amount received by the Provincial government for the sale.
402 (1) The collector must not sell land the fee simple of which is vested in the Provincial government and which is held under lease, licence, permit or location.
(2) Within 5 months from the date when taxes on land referred to in subsection (1) become delinquent, the collector must give written notice to the person liable for them, either by serving the notice or by sending it by registered mail, that the lease, licence, permit or location will be cancelled if the person does not pay the delinquent taxes, together with interest and all subsequent taxes, within 6 months from the date when the taxes became delinquent.
(3) On application, the Supreme Court may order that the notice under subsection (2) may be served by substituted service in accordance with the order.
(4) The collector must send a copy of the notice under subsection (2) to the minister responsible for the administration of the Land Act.
(5) If payment of the delinquent taxes, with interest, and all subsequent taxes is not made within the 6 months,
(a) the collector must forward to the minister referred to in subsection (4) a list of defaulting lessees, licensees, permittees or locators, and
(b) that minister must at once cancel the leases, licences, permits or locations.
(6) Until the minister referred to in subsection (4) notifies the collector of cancellation under subsection (5), the collector must not cancel an amount due.
(7) On cancellation of a lease, licence, permit or location, the minister referred to in subsection (4) must notify the collector, who must then cancel the amount due.
(8) If good reasons are shown to the satisfaction of the minister referred to in subsection (4) that the defaulting person, from poverty, sickness or other cause, has been unable to pay the amount due within the time limit, the minister may extend the time within which payment must be made before cancellation takes effect.
403 (1) At 10 a.m. on the last Monday in September, at the council chambers, the collector must conduct the annual tax sale by offering for sale by public auction each parcel of real property on which taxes are delinquent.
(2) If the last Monday in September is a holiday, the tax sale must instead be held on the next Monday that is not a holiday.
(3) The collector may adjourn the tax sale to the same hour on the following day, and from day to day until each parcel is disposed of.
(4) The collector may act as auctioneer at the tax sale.
(5) The collector may also offer for sale at the tax sale the other improvements on the real property that are taxable under this Act and on which taxes are delinquent.
(6) A sale under subsection (5) must be in accordance with section 398.
(7) The sale of real property under this section is not a bar to a sale under section 398.
404 (1) A council may, by bylaw, exempt from the tax sale the sale of any real property owned by the Provincial government.
(2) An exemption under subsection (1) does not relieve the real property from taxes lawfully imposed or prejudice the right of the collector to offer it for sale in a succeeding year.
405 (1) Notice of the time and place of the tax sale and the description and street address, if any, of the property subject to tax sale must be published in at least 2 issues of a newspaper.
(2) The last publication under subsection (1) must be at least 3 days and not more than 10 days before the date of the tax sale.
406 A person authorized by the council may bid for the municipality at the tax sale up to a maximum amount set by the council.
407 (1) The collector is authorized to receive from the proceeds of a sale under section 403 the following amounts for the use of the municipality:
(a) the amount of delinquent taxes, taxes in arrear and interest to the first day of the tax sale for which the parcel of land and the improvements are liable for sale;
(b) the taxes, including penalties incurred, for the current year on the land and improvements;
(c) 5% of the amounts under paragraph (a) and (b);
(d) the fees prescribed under the Land Title Act.
(2) The total of the amounts under subsection (1) is the upset price and the lowest amount for which the parcel may be sold.
(3) The highest bidder above the upset price or, if there is no bid above the upset price, the bidder at the upset price, must be declared the purchaser.
(4) If there is no bid, or no bid equal to the upset price, the municipality must be declared the purchaser.
(5) If the municipality has been declared the purchaser of a parcel, the collector may offer the parcel for sale again later at the tax sale on the same conditions as before.
(6) If a purchaser fails to immediately pay the collector the amount of the purchase price, the collector must promptly again offer the parcel for sale.
408 (1) At the time of the tax sale and before the purchaser is given the certificate of sale, a purchaser other than the municipality must provide a statement, signed by the purchaser or the purchaser's agent,
(a) setting out the purchaser's full name, occupation and address, and
(b) authorizing the collector to make the application referred to in section 420 (2) to register at the appropriate time the purchaser's title to the real property.
(2) A statement under subsection (1) must be preserved with the records of the sale.
409 After a sale to a person other than the municipality, the collector must sign and give to the purchaser a certificate
(a) describing the parcel sold,
(b) stating the sale price, and
(c) stating that an indefeasible title will be applied for on the purchaser's behalf at the end of one year from the date of sale unless the property is redeemed or the sale is cancelled under section 423.
410 (1) The collector may, by sale held at the annual tax sale, sell land, the fee simple of which is vested in the Provincial government, but held by a person under an agreement to purchase.
(2) A sale under this section is subject to the interest of the Provincial government and the collector must expressly state at the sale that the interest of the Provincial government is prior to all claims and is not affected by the sale.
(3) Sections 412 to 420 do not apply to a sale under this section.
(4) The collector must sign and give the purchaser of land at a sale under this section a certificate that
(a) describes the land sold,
(b) states the price at which the land was sold,
(c) states that the interest of the Provincial government has priority over all claims and is not affected by the sale, and
(d) states that the sale is made under this section.
(5) The collector must promptly provide to the minister responsible for the administration of the Land Act
(a) a copy of the certificate under subsection (4), and
(b) the address of the purchaser.
411 (1) The minister responsible for the administration of the Land Act may accept the tax sale purchaser as purchaser of the land and may deal with that purchaser to the exclusion of the person whose interest was sold at the tax sale and of all persons claiming under that person.
(2) If that minister accepts the tax sale purchaser as purchaser of the land, the minister must notify the collector of this.
(3) If that minister does not accept the tax sale purchaser as purchaser of the land or does not notify the collector within 6 months from the date of sale that the minister has accepted the purchaser, the purchaser is entitled to a refund from the municipality of the amount the purchaser paid together with interest at the rate prescribed under subsection (4).
(4) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (3).
(5) If a refund is made under subsection (3), the collector must promptly replace the amount of the upset price, together with the interest paid to the purchaser, as delinquent taxes on the land.
412 (1) If property is purchased by a municipality under section 407 and is not sold later at the tax sale, within 9 months after the purchase, the council may sell the property to any person for not less than the upset price plus interest accrued from the date of purchase at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
(2) On a sale under this section, the council must direct the collector to give the purchaser a certificate similar to that under section 409.
(3) A sale under this section does not affect the period for or the right of redemption by the owner under this Act.
413 Promptly after selling property for taxes, the collector must
(a) file in the proper land title office the notice of the tax sale, and
(b) pay the fees prescribed under the Land Title Act for filing the notice and making the proper references.
414 (1) Not later than 3 months after the sale of property at the tax sale, the collector must give written notice of the sale and of the day the redemption period ends, either by serving the notice or by sending it by registered mail, to persons registered in the land title office
(a) as owner of the fee simple of the property, or
(b) as owner of a charge on the property.
(2) On application, the Supreme Court may order that the notice under subsection (1) may be served by substituted service in accordance with the order.
(3) No liability or responsibility other than as set out in subsection (1) rests with the collector or municipality to give notice of the sale for taxes.
415 (1) During the period allowed for redemption, real property sold at the tax sale must continue to be assessed and taxed in the name of the person who at the time of sale appeared on the assessment roll as owner and that person is liable for taxes accruing.
(2) The accruing taxes continue to be a special lien on the property under section 396.
(3) The purchaser at the tax sale may pay the taxes that become due during the period of redemption, and the amount paid must be added to the amount required to redeem.
416 (1) If the property is not redeemed, money received by the collector at the tax sale above the upset price must be paid without interest to the owner at the time of the tax sale, on written application to the council.
(2) The money must not be paid to the owner if a claim to the surplus is made by another person on the ground that the property belonged to the other person, or that the other person is otherwise entitled to the surplus.
(3) If a claim referred to in subsection (2) is made, the money must, without leave, be paid into the Supreme Court, accompanied by
(a) a copy of the certificate of sale under section 409, and
(b) a statement of the municipal officer assigned responsibility under section 198 [corporate administration] setting out the facts under which the payment into court is made and the names of the owner at the time of the tax sale and the claimant.
(4) Money paid into court under subsection (3) is payable out of court to the party entitled on a court order to be made on application in a summary manner and subject to the giving of the notices directed by the court.
(5) If surplus money remains unpaid 6 months after the end of the redemption period, in the next month the council must have published in a newspaper a notice stating
(a) the name of the owner to whom the surplus is payable,
(b) the date it became payable, and
(c) the amount of the surplus.
(6) If the surplus remains unclaimed 3 months after publication under subsection (5), it must be transferred to the Minister of Finance and Corporate Relations.
(7) Money transferred under subsection (6) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.
417 (1) A parcel of property sold at a tax sale may be redeemed in accordance with this section by
(a) an owner or registered owner in fee simple of the parcel,
(b) an owner of a registered charge against the parcel, or
(c) another person on behalf of a person referred to in paragraph (a) or (b).
(2) The time limit for making a redemption is one year from the day the tax sale began, or a further time allowed by bylaw under subsection (6).
(3) A redemption is made by paying or tendering to the collector for the use and benefit of the purchaser under section 407 the total of the following amounts:
(a) the upset price of the parcel at the time of the tax sale;
(b) all costs of which the collector has had notice that have been incurred by the purchaser in maintenance of the real property and in prevention of waste;
(c) taxes advanced by the purchaser;
(d) interest to the date of redemption on any amount in excess of the upset price and on the total amount expended by the purchaser under paragraphs (a) to (c) during the period for redemption, at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
(4) So much of the amount received by the collector at the sale for land title fees as is not required must be deducted.
(5) On redemption of a parcel, the purchaser is entitled to receive from the municipality all amounts paid by the purchaser, together with interest to the date of redemption at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act.
(6) If the municipality has been declared the purchaser and the property has not been subsequently sold under section 407, the council may, by bylaw, extend for one year only the period for redemption.
418 (1) This section applies in the case of land of which the municipality has been declared the purchaser under section 407 if
(a) there are improvements on the land,
(b) the land has not been subsequently sold under section 407 or 412, and
(c) the municipality has not adopted a bylaw under section 417 (6).
(2) A person empowered under section 417 to redeem the land and improvements referred to in subsection (1) is entitled to redeem them under subsection (3) if the person pays to the collector, on or before the latest date allowed under this Act for redemption, 50% of the total of
(a) the amount of the upset price for which the land and improvements were offered for sale, and
(b) interest on the amount under paragraph (a).
(3) A person who makes a payment under subsection (2) may redeem the land and improvements by paying to the collector the remainder of the total referred to in that subsection at any time within 11 months and 21 days from the latest date otherwise allowed for redemption.
(4) In the circumstances described in this section, the time for redemption is extended accordingly.
419 If real property sold for taxes is redeemed within the time allowed for redemption, the collector must promptly send to the registrar of land titles for filing the notice required by section 273 of the Land Title Act, together with any applicable fee under that Act.
420 (1) If a parcel of land sold for taxes is not redeemed as provided in this Act, at the end of the redemption period, the collector must forward a notice to that effect to the registrar of land titles.
(2) The notice under subsection (1) must
(a) show the full name, occupation and address of the purchaser, and
(b) be accompanied by
(i) the fees prescribed under the Land Title Act, and
(ii) an application in the form prescribed under the Land Title Act for registration of title in fee simple in the name of the purchaser.
(3) It is not necessary with the application referred to in subsection (2) (b) to produce an outstanding absolute certificate of title or duplicate, or interim certificate of indefeasible title.
(4) On forwarding the notice referred to in subsection (1) to the registrar of land titles, the municipality must immediately notify the administrator under the Property Transfer Tax Act.
(5) The notice referred to in subsection (1) operates
(a) as a conveyance to the purchaser from the registered owner in fee simple, without proof of the signature of the collector and without an attestation or proof of execution, and
(b) as a quit claim in favour of the purchaser of all right, title and interest of every previous owner in fee simple of the parcel, or of those claiming under any previous owner, and of all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every type, and whether or not registered in accordance with the Land Title Act, subsisting at the time the application to register was received by the registrar, except
(i) the matters set out in section 276 (1) (c) to (g) of the Land Title Act, and
(ii) any lien of the Crown or an improvement district.
(6) One application may be made under this section on behalf of a purchaser for registration of any number of parcels contained in the same block and listed on the one notice produced for registration, but subject to the requirements of section 158 of the Land Title Act.
(7) If the registrar of land titles refuses to register the title in the name of a purchaser of property at a tax sale and no appeal is made under section 301, or if an appeal has been made and the decision of the registrar sustained, the municipality is deemed to have been declared the purchaser of the property at the tax sale, and the municipality must refund the purchase price, without interest, to the purchaser.
421 (1) When real property is sold at a tax sale under this Act, all rights in it held by the person who at the time of the sale was the owner, the registered owner in fee simple or the registered owner of a registered charge on the property, immediately cease to exist, except as follows:
(a) the property is subject to redemption as provided in this Act;
(b) the right to possession of the property is not affected during the time allowed for redemption, subject, however, to
(i) impeachment for waste, and
(ii) the right of the purchaser at the tax sale to enter on the property sold to maintain it in a proper condition and to prevent waste;
(c) during the period allowed for redemption, an action may be brought under section 422 to have the tax sale set aside and declared invalid.
(2) During the period allowed for redemption, subsection (1) does not operate to affect in any way the rights of the owner, the registered owner in fee simple or the owner of a registered charge, among or as between themselves.
422 (1) A person who at the time of a tax sale was the owner, the registered owner in fee simple or the registered owner of a charge on the real property may bring an action in the Supreme Court to have the sale set aside and declared invalid.
(2) An action under subsection (1) may only be brought on one or more of the following grounds:
(a) the property was not liable to taxation during the years in which the taxes for which the property was sold were imposed;
(b) the taxes for which the property was sold were fully paid;
(c) irregularities existed in connection with the imposition of the taxes for which the property was sold;
(d) the sale was not fairly and openly conducted;
(e) the collector did not give to that person the notice required by section 414.
(3) An action under this section may not be brought until one month after written notice has been given by the person to the council stating in detail the grounds of complaint.
(4) During the period allowed for redemption, subsection (1) does not operate to affect in any way the rights of the owner, the registered owner in fee simple or the owner of a registered charge, among or as between themselves.
423 (1) If the court declares that a tax sale is set aside or invalid for a reason referred to in section 422 (2) (c) or (d), the court may
(a) provide that the amount of unpaid taxes on the real property at the date of sale, together with interest from that date, is a lien on the property as if the tax sale had not taken place, in which case that amount is deemed to be delinquent taxes,
(b) provide for the immediate payment of those taxes, or
(c) otherwise deal with those taxes according to the circumstances.
(2) During the period allowed for redemption, if the council finds a manifest error in the tax sale or in the proceedings before the sale, it may order that
(a) the purchase price be returned to the purchaser together with interest at the rate prescribed under subsection (3), and
(b) the taxes be dealt with as the circumstances require, either
(i) by restoring the taxes as they were before the sale, or
(ii) otherwise as directed by the council.
(3) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (2) (a).
424 (1) After the end of the period allowed for redemption, no action may be brought to recover the property sold or to set aside its sale.
(2) No action may be brought
(a) against the registrar of land titles or the Attorney General under the Land Title Act or against the collector in respect of the sale of the property or the registration of an indefeasible title to it, or
(b) against the municipality in respect of any loss or damage sustained by reason of the sale, except as provided in this section.
(3) A person who at the time of the tax sale was an owner of, a registered owner in fee simple of or an owner of a registered charge on the property must be indemnified by the municipality for any loss or damage sustained by the person on account of the sale of the property if the circumstances referred to in section 422 (2) (a), (b) or (e) existed.
(4) As limits on subsection (3),
(a) no action may be brought to recover indemnity or compensation under this section after the end of one year from the time allowed by this Act for redemption of the real property, and
(b) there is no right to indemnity or compensation under subsection (3) if it is shown that the person claiming indemnity or compensation was aware at the time of tax sale that the property was offered for sale, or was aware during the period allowed for redemption that it had been sold.
425 If land that became the property of a municipality as a result of tax sale has been sold by agreement for sale or subject to mortgage and is repossessed by the municipality for satisfaction of amounts due, the land is deemed to be again tax sale land.
426 (1) The collector must send a notice in accordance with subsection (2) if
(a) land becomes the property of the municipality as a result of tax sale or failure to pay taxes and is sold by agreement for sale, and
(b) there is default in the payment to the municipality of any instalment or interest.
(2) The notice under subsection (1)
(a) must be sent to the purchaser
(i) by personal service on the purchaser, or
(ii) by registered mail to the purchaser at the purchaser's address named in the agreement for sale, and
(b) must be to the effect that, if the amounts in default are not paid within 90 days from the date of the service or mailing,
(i) all the right, title and interest of the purchaser in and to the agreement for sale, the amounts paid under it and the land referred to in it will cease and determine, and
(ii) the amounts paid under the agreement for sale will be forfeited to the municipality.
(3) On application, the Supreme Court may order that a notice under subsection (1) may be served by substituted service in accordance with the order.
(4) If the purchaser fails to pay or cause to be paid the amounts in default within the period referred to in subsection (2) (b),
(a) all that person's right, title and interest in and to the agreement for sale, the amounts paid under it and the land referred to in it cease and determine,
(b) the land immediately revests in the municipality, free from all claims in respect of the agreement for sale, and
(c) all amounts paid under the agreement are forfeited to the municipality.
(5) Despite the Law and Equity Act or any rule of law or equity to the contrary, a person may not commence or bring an action against the municipality for relief against forfeiture or otherwise in respect of the cancellation of the agreement for sale or the retainer of the money paid to the municipality under the agreement for sale.
(6) On the collector filing in the land title office an affidavit of the continuation of the default after the expiration of the 90 day period, together with evidence of notice or service, the registrar of land titles must cancel all charges or encumbrances, of any type, appearing in the records of the land title office against the land.
(7) The registrar of land titles may require evidence of sufficiency of service and, if not satisfied, the service must be effected in the manner the Supreme Court may direct on an application by the municipality without notice to any other person.
427 (1) This section applies if
(a) land in a municipality has become subject to forfeiture to the Provincial government or has been sold by the Surveyor of Taxes or by the Inspector of Dikes to a person under any statute for the recovery of Provincial taxes, or school taxes, or diking assessments, or other charges in arrear, and
(b) there are taxes in arrear due to the municipality in respect of the land,
(2) In the circumstances referred to in subsection (1), the council may redeem the land at any time during the period allowed for redemption by paying to the Surveyor of Taxes or the Inspector of Dikes, as applicable, the amount required to redeem it as provided in the Act under which the land became subject to forfeiture or was sold.
(3) On the redemption of land by a council under this section, it may add the amount of the redemption payment made by it to the amount of municipal taxes in arrear in respect of the land, and the amount added is deemed to be delinquent taxes under this Act.
(4) If land subject to forfeiture referred to in subsection (1) has not been redeemed, but has been forfeited to and vested in the Provincial government, the council may purchase the land under the terms of any Act that provides for sale of the forfeited land to the municipality.
(5) Despite the sale of land referred to in subsection (1) by the Surveyor of Taxes or by the Inspector of Dikes for the recovery of taxes, assessments or other charges in arrear, the land continues to be liable to taxation by the municipality in which it is located.
428 (1) Despite this Act, a council may, by bylaw, make agreements with any other authority having taxing powers in respect of land, or land and improvements, located in the municipality respecting the exercise of the powers of the municipality and of the other authority in all matters of collection of taxes, tax sales, redemptions, the disposal of reverted land, the rental of that land before disposal and similar matters.
(2) An agreement under subsection (1) may provide for the exercise of its power by either the municipality or the other authority acting alone on the working basis of protection of the joint interests of the parties that may be mutually determined.
(3) [Repealed 1998-34-70.]
429 to 447 [Repealed 1999-37-107.]
448 and 449 [Repealed 1999-37-108.]
450 [Repealed 1998-34-73.]
451 [Repealed 1999-37-108.]
452 [Repealed 1998-34-74.]
453 to 479 [Repealed 1999-37-108.]
480 The municipal officer assigned responsibility under section 199 [financial administration] must keep separate accounts to show at all times
(a) the state of each debt for which sinking fund debentures have been issued, and
(b) the amount of money raised and appropriated for the annual sinking fund requirement for the debt.
481 [Repealed 1999-37-109.]
482 (1) The municipal officer assigned responsibility under section 199 [financial administration] must deposit all money to the credit of a sinking fund in a separate account in a savings institution.
(2) The same institution account may be used for a number of sinking fund accounts.
483 (1) If money in a sinking fund account is invested under section 336 [investment of municipal funds], the securities and their revenues must be held to the credit of the applicable sinking fund account.
(2) If more than one sinking fund account is involved, the securities and revenue referred to in subsection (1) must be allocated in proportion to the money from the accounts used for the investment.
484 [Repealed 1999-37-110.]
485 (1) A council may, by bylaw adopted with the approval of the inspector, borrow money by pledging as security any securities purchased and held under section 483.
(2) An obligation given by a municipality to a lender under subsection (1) must
(a) be in writing, in a form approved by the council and signed by the mayor and the municipal officer assigned responsibility under section 199 [financial administration],
(b) state the rate of interest, and
(c) be due and payable on a named date in the year in which it is given.
(3) An obligation under subsection (1) may give the lender the authority considered proper by the council to sell any of the securities pledged.
(4) The council must place all money received from borrowing under this section to the credit of the applicable sinking fund.
486 [Repealed 1998-34-88.]
487 (1) The minister may, by order,
(a) direct that any money to the credit of a sinking fund account, instead of being invested, be used for the purchase, payment, redemption and cancellation, at a price agreed on and stated in the order, of the municipality's outstanding sinking fund debentures specified in the order, even if they are not then due and payable, or
(b) direct a municipality to cancel its sinking fund debentures held to the credit of a sinking fund account, even if they are not then due and payable.
(2) An order under subsection (1) must direct readjustment of the sinking fund account affected by the order.
(3) A special assessment and a special or other rate imposed under any Act in a municipality subject to an order under this section continues valid and enforceable, except as adjusted by the order, even though the debentures for which the assessment or rate was imposed have been redeemed and cancelled under this section.
488 (1) If, because of an increased value of real property liable to assessment, it is found unnecessary to collect the full tax imposed by a bylaw to raise
(a) the instalment of the sinking fund and interest required in any year, or
(b) the instalments for future unexpired years of the debentures,
the council may, by bylaw, reduce the rate for that year or for the future years so that no more money is collected than is required.
(2) A bylaw under subsection (1) must not be adopted unless, having regard to the time the debentures have to run, a proper proportion of sinking fund and interest has been collected under the intention of the original bylaw.
(3) If a bylaw provides for raising each year a larger sum for a sinking fund or interest than is necessary to pay off a debt, the council may, by bylaw, reduce the amount to be raised each year.
489 (1) If there is a surplus in a sinking fund account above the amount required for the fund under the bylaw creating the debt, the council may, by bylaw, provide for the application of the surplus to
(a) the payment of the amount required for the fund, or for interest on the debt, in a succeeding year, or
(b) the payment of charges incidental to payment or remission of the principal or interest due on the debt for which the fund is held.
(2) If there is a surplus in a sinking fund account after the debt authorized by a loan bylaw is repaid, the surplus may be disposed of under section 498.
490 If the amount in a sinking fund does not meet requirements, the council may apply part of the current revenue to the deficiency.
491 (1) The inspector may require a municipal officer assigned responsibility under section 199 [financial administration] to submit a report showing the state of the sinking fund for any debt.
(2) A report under subsection (1) must include full particulars of financial transactions for each sinking fund account during a specified period, and indicate the basis of valuation of securities held at the credit of each account.
492 (1) On receipt of evidence of inefficient or improper administration of a sinking fund account, the minister may, by order, direct that the sinking fund accounts of the municipality, and the money and securities held for them, be transferred to and administered by the Minister of Finance and Corporate Relations.
(2) An order under subsection (1) is binding on and applies to all persons affected by it.
(3) A council that is subject to an order under subsection (1) must remit annually to the Minister of Finance and Corporate Relations the money required annually for the funds.
493 The municipal officer assigned responsibility under section 199 [financial administration] must keep accounts necessary to show at all times the amount of money raised, obtained and appropriated for each debt retirement fund.
494 (1) A council may proceed under this section if
(a) for any cause it appears expedient to provide money in advance of the requirements for retirement at maturity of outstanding municipal debentures, or
(b) the proceeds from the sale of assets are required to be held for debt retirement.
(2) In the circumstances described in subsection (1), the council may, by bylaw, provide for the following:
(a) setting aside in each year amounts considered necessary for a proposed scheme of debt financing;
(b) setting aside the proceeds of a sale of assets, as specified in the bylaw, for a debt retirement fund to meet in full or in part, at or before maturity, outstanding debentures issued for the assets;
(c) the administration and investment under this Part of money set aside under the bylaw.
(3) The bylaw may contain directions
(a) to impose during specified years the amounts established under subsection (2) (a), by rate sufficient in addition to other rates, and
(b) not to impose in any future year all or part of the annual amounts required to repay the principal of outstanding debentures.
(4) A bylaw with directions under subsection (3) (a) to impose a rate for the purposes of this section must receive the assent of the electors.
(5) A bylaw under this section must not extend the term of a debenture debt beyond the period originally set for it.
495 A council may invest or reinvest all or part of the money to the credit of a debt retirement fund in the manner provided for sinking funds.
496 (1) A council may by bylaw establish reserve funds for the following purposes:
(a) expenditures for or in respect of capital projects and land, machinery or equipment necessary for the capital projects and extension or renewal of existing capital works;
(b) the purchase of machinery and equipment to maintain municipal property and to protect persons and property;
(c) depreciation and obsolescence of any machinery and equipment.
(2) Money from current revenue or, as available, from general revenue surplus, or as otherwise provided in this Act, may be paid into a reserve fund under this section.
(3) Money set aside for the purpose of subsection (1) (c), and interest earned on it, must be expended solely to purchase machinery and equipment.
(4) A council may, by bylaw adopted by at least 2/3 of its members, provide for the expenditure of any money in a reserve fund under subsection (1) (a) or (b) and interest earned on it.
497 (1) A council may, by bylaw, establish reserve funds for enterprises owned or operated by the municipality.
(2) Money from current revenue, as available from general revenue surplus, from the surplus from operation of the enterprise, or as otherwise provided in this Act, may be paid into a reserve fund under this section.
(3) Money set aside in a reserve fund under this section, and interest earned on it, must be used only for
(a) a capital expenditure for the enterprise for which it is established, and
(b) redemption of debentures issued for the enterprise.
498 (1) All money received from the sale of tax sale properties must be set aside in a reserve fund.
(2) The municipal officer assigned responsibility under section 199 [financial administration] must deposit the money referred to in subsection (1) in a savings institution when received.
(3) Until required under this section, the money of the reserve fund may be invested in the manner provided by section 336 [investment of municipal funds].
(4) The money of the reserve fund under this section, and interest earned on it, may be used only for
(a) first, bringing sinking funds up to requirements, and
(b) then, reduction of debenture debt, capital expenditures, transfer to a debt retirement, reserve or local improvement fund or expenditures of a special nature.
(5) A council may, by bylaw adopted by 2/3 of its members, provide for the use or expenditure of money in the reserve fund under this section.
499 (1) A council may, by bylaw, establish a special reserve fund for a specified purpose that is within the powers of the municipality under this or another Act.
(2) As an exception, the authority under subsection (1) may not be used to establish a reserve fund for a purpose for which reserve funds may be established under another section of this Act or under another enactment.
(3) Before adopting a bylaw under subsection (1), the council must provide a counter petition opportunity in relation to the proposed bylaw.
(4) The following may be paid into a special reserve fund:
(a) amounts that are to be raised by a rate under section 359 (1) (a) [municipal property taxes] in respect of the special reserve fund;
(b) amounts that may be paid into the reserve fund as otherwise provided in this Act;
(c) amounts received by the municipality in relation to the specified purpose of the special reserve fund, subject to any terms and conditions attached to their use.
(5) Money in a special reserve fund, and interest earned on it, must be used only for the purpose for which the fund was established.
500 (1) A council may, by bylaw, establish a local improvement fund.
(2) The council may, by bylaw, set aside money for the local improvement fund out of general revenue, or as otherwise provided in this Act.
(3) The money set aside from general revenue, money transferred to the fund under section 498, and money expended from and repaid to the fund, together with interest earned, must be used only to finance the construction of works payable by special charges under Part 19.
501 If the amount to the credit of a reserve or local improvement fund is greater than required, the council may, by bylaw, transfer all or part of the amount to another fund established under this Part.
502 A council may, by bylaw, authorize the use, for a lawful purpose of the municipality, of money on hand that
(a) was raised to pay interest on debentures authorized under a municipal bylaw or to repay principal of those debentures, and
(b) the municipality is unable to use for the purpose designated in the bylaw because the bylaw is no longer in force or because all principal and interest on the debentures has been paid or provided.
503 [Repealed 1999-37-118.]
504 (1) Money collected by a municipality for interest on a debt of the municipality or for the sinking fund or instalments of principal for a debt of the municipality must not be used for a purpose other than that for which it is collected.
(2) Money held by a municipality subject to a trust or reserve must not be used for a purpose other than under the terms of the trust or of the bylaw creating the reserve or special fund.
505 and 506 [Repealed 1999-37-119.]
507 and 508 [Repealed 1999-37-120.]
509 [Repealed 1999-25-95.]
510 to 516 [Repealed 1999-37-120.]
517 (1) Subject to the specific limitations and conditions established by or under this or another Act, a municipality may operate any service that the council considers necessary or desirable for all or part of the municipality.
(2) The authority under subsection (1) includes the authority to operate a service in an area outside the municipality as well as in the municipality itself.
(3) A municipal service may be operated directly by the municipality or through another public authority, person or organization.
517.1 (1) In order to operate a service, the council must first adopt an establishing bylaw for the service.
(2) As an exception, an establishing bylaw is not required for the following:
(a) general administration;
(b) undertaking feasibility studies in relation to proposed services;
(c) a service for which authority is expressly provided by another Part of this Act or by another enactment.
518 (1) Before establishing a service referred to in section 517 (2) [services outside municipality], the council must obtain the consent of the other affected local government as follows:
(a) if the area is in another municipality, the consent of the council of that other municipality is required;
(b) if the area is not in another municipality, the consent of the regional district board for the area is required.
(2) If a service referred to in subsection (1) is established, the powers, duties and functions of the municipality under this Part, and in relation to enforcement, may be exercised in relation to the service in the area in which the service is provided.
518.1 (1) A bylaw under this Part may
(a) establish different classes of persons, places, activities or things, and
(b) make different provisions for different classes and for different areas of the municipality.
(2) A council may, by bylaw, regulate in relation to a municipal service.
(3) A power to regulate under this Part includes the power to prohibit.
(4) Without limiting subsection (2), a bylaw under this Part may provide for a system of licences, permits or approvals in relation to a municipal service, including one or more of the following:
(a) prohibiting any activity or thing until a licence, permit or approval has been granted;
(b) providing for the granting and refusal of licences, permits and approvals;
(c) providing for the duration periods of licences, permits and approvals;
(d) providing that terms and conditions may be imposed on any licence, permit or approval, the nature of the terms and conditions and who may impose them;
(e) setting out the conditions that must be met before a licence, permit or approval is granted, the nature of the conditions and who may impose them;
(f) providing for the suspension or cancellation of licences, permits and approvals for
(i) failure to comply with a term or condition of a licence, permit or approval, or
(ii) failure to comply with the bylaw.
519 If a municipality has established works or facilities outside the municipality for the purposes of a municipal service, the council may, by bylaw, regulate the use of the works and facilities.
520 (1) This section applies to municipalities with a population greater than 5 000.
(2) Despite any Act or the letters patent incorporating a municipality, but subject to the Justice Administration Act and the Police Act, each municipality must bear the expense necessary to
(a) generally maintain law and order in the municipality,
(b) provide offices for the police force or police department,
(c) provide premises as a place of detention, and
(d) provide for the care and custody of persons held in a place of detention referred to in paragraph (c).
(3) The Minister of Finance and Corporate Relations may reimburse a municipality out of money appropriated for the purpose by paying an amount prescribed by the Lieutenant Governor in Council for the expense of the care and custody of a person who is detained in a place of detention and is within a class prescribed by the Lieutenant Governor in Council.
521 (1) Subject to this section, property that has come into the custody and possession of the police force or police department on behalf of a municipality may be disposed of by a person authorized by council if
(a) the owner of the property has not been identified after reasonable effort, and
(b) a court of competent jurisdiction has not made an order in respect of the property.
(2) Except as permitted under subsection (3), the property must not be disposed of until it has been in the possession of the police for 3 months.
(3) The property may be disposed of at any time if
(a) it is a perishable article,
(b) has no apparent marketable value, or
(c) its custody involves unreasonable expense or inconvenience.
(4) Except for property referred to in subsection (3), the municipality must provide advance notice, by publication in a newspaper, of the sale or other disposal process.
(5) A person who receives or purchases property as provided in this section has a good and sufficient title to that article as against any former owner of it.
(6) Unless claimed by and paid to the lawful owner of the property, the proceeds of any sale must be held for one year from the date of sale before being dealt with as directed by the council.
(7) The municipality, a member of the council, a person in lawful custody of property referred to in subsection (1) or an officer, employee or agent of the municipality, is not liable in damages or otherwise for or in respect of any claim that may arise in respect of the property after it has been disposed of under this section.
522 (1) Subject to the Fire Services Act and the regulations under it, a council may, by bylaw, do one or more of the following:
(a) authorize the fire chief to
(i) inspect premises for conditions that may cause a fire or increase the danger of a fire or increase the danger to persons, and
(ii) take the measures described in the bylaw to prevent and suppress fires, including the demolition of buildings and structures to prevent the spreading of fire;
(b) require the owners or occupiers of real property to remove from a building or yard anything that, in the opinion of the fire chief, is a fire hazard or increases the danger of fire;
(c) if property is endangered by debris caused by lumbering, land clearing or industrial operation, require the person who is carrying on or who has carried on the operation, or the owner or occupier of the land on which the debris exists, to
(i) dispose of the debris, and
(ii) undertake any other actions for the purpose of removing or reducing the danger
as directed by the bylaw or by the fire chief;
(d) deal with any matter within the scope of the Fire Services Act in a manner not contrary to that Act or the regulations under it.
(2) The authority of the fire chief under a bylaw under subsection (1) may be exercised by a person under the authority of the fire chief or by another person designated in the bylaw.
523 (1) Subject to the Health Act, a council may, by bylaw,
(a) regulate for the purposes of maintaining, promoting or preserving public health or maintaining sanitary conditions, and
(b) undertake any other measures it considers necessary for those purposes.
(2) A provision of a bylaw under subsection (1) that regulates is not valid until approved by the Minister of Health, who may consider and deal with it accordingly.
(3) As a limit on subsection (1), a council must not fluoridate the water supply unless the bylaw has received the assent of the electors.
524 (1) The right of possession of every highway in a municipality is vested in the municipality, subject to any rights in the soil reserved by the persons who laid out the highway.
(2) Except as referred to in subsection (1), the right of possession of the municipality is not adversely affected or derogated from by prescription in favour of any other occupier.
525 (1) The soil and freehold of every highway in a municipality are vested in the Provincial government.
(2) Subsection (1) does not apply if a municipality has purchased or taken land for a highway and its title is registered in the name of the municipality.
(3) A council may, by bylaw, dispose of a portion of a highway in exchange for land necessary for the purpose of improving, widening, straightening, relocating or diverting a highway.
(4) Before adopting a bylaw under subsection (3), the council must have notice of its intention published in a newspaper once each week for 2 consecutive weeks.
(5) A disposition under subsection (3) has the same effect as a Crown grant free of all rights of way, and all land taken in exchange for a portion of a highway under that subsection are public highways, and title to them vests in the Provincial government.
(6) Under special circumstances, the minister may abandon a portion of a highway vested in the Provincial government and vest title in land comprised in that portion in a person.
(7) A vesting under subsection (6) has the same effect as a Crown grant vesting title to the land in the person.
526 (1) Without limiting section 176 [corporate powers], a council may enter into an agreement with an owner of land for reserving any part of the land for highway purposes, including the condition that the land reserved must remain unencumbered by buildings or structures.
(2) An agreement under subsection (1) has the effect of a restrictive covenant running with the land and must be registered in the land title office by the municipality.
527 (1) A council may, by bylaw, do one or more of the following:
(a) authorize the establishment, widening, alteration, relocation or diversion of a highway or a portion of it;
(b) close a highway, or a portion of it, to traffic;
(c) reopen a highway or portion of it that has been closed to traffic.
(1.1) At least 30 days before adopting a bylaw under subsection (1) (b), the council must publish notice of its intention in a newspaper.
(1.2) Before adopting a bylaw under subsection (1) (b), the council must provide an opportunity for persons who consider they are affected by the bylaw to make representations to council.
(2) A council may authorize a designated municipal officer or a municipal employee, at the person's discretion, to
(a) temporarily close a highway or part of it to traffic, or
(b) control traffic,
in connection with a construction or maintenance project on or adjacent to the highway.
528 (1) A council may, by bylaw,
(a) assign a name or number to a highway, or
(b) change the name or number of a highway.
(2) A bylaw under subsection (1) does not have effect until a certified copy is filed in the land title office.
(3) On receipt of a bylaw changing the name or number of a highway, the registrar of land titles must note the change on
(a) any subdivision plan in the land title office that dedicated the highway, and
(b) any plan filed or deposited in the land title office on which the highway is named.
529 Subject to Division 3 of Part 8 [Expropriation and Compensation], a council may, by bylaw, construct works through, under or over land adjoining a highway for the protection of the highway from damage by water.
530 A council may, by bylaw, do one or more of the following:
(a) require owners or occupiers of real property to place building or structure numbers assigned by the municipality in a conspicuous place;
(b) require owners or occupiers of real property to remove snow, ice or rubbish from sidewalks and foot paths bordering their property or from the roof or other part of a structure adjacent to a highway;
(c) require owners of private highways to maintain them in a clean, fit and safe state and to post suitable private thoroughfare signs;
(d) require owners of land to fence any part of it abutting on a highway.
531 (1) Subject to the Highway Act, the Motor Carrier Act and the Motor Vehicle Act, a council may, by bylaw adopted with the approval of the Minister of Transportation and Highways,
(a) regulate extraordinary traffic within the meaning of section 23 of the Highway Act, and
(b) provide that the powers exercisable by the Minister of Transportation and Highways in respect of extraordinary traffic are to be exercised in the municipality by the council or by a designated municipal officer.
(2) A bylaw under subsection (1) may
(a) classify highways or portions of highways, including sidewalks and boulevards, according to areas or zones in the municipality and according to widths, amount of traffic or otherwise, and
(b) make different regulations for different classes of highways, classes of vehicles, seasons of the year and conditions of highways.
532 (1) Despite any other Act but subject to the Motor Vehicle Act, a council may, by bylaw, regulate
(a) all uses of or involving a highway or portion of it, other than uses by extraordinary traffic referred to in section 531, and
(b) all uses of or involving a public place.
(2) Except as permitted by a bylaw under subsection (1), a person must not excavate in, cause a nuisance on, encumber, obstruct, injure, foul or damage any portion of a highway or other public place.
(3) Without limiting subsections (1) and (2) and in addition to the authority under section 521 [disposal of property in police possession], a council may
(a) authorize the removal, detention or impounding of any thing or obstruction unlawfully occupying a portion of a highway or public place,
(b) provide for a scale of fees, costs and expenses for such removal, detention or impounding, and
(c) provide for the recovery of those fees, costs and expenses
(i) from the owner of the thing or obstruction,
(ii) by its sale at public auction, or
(iii) by action in a court of competent jurisdiction.
(4) A person who is being unreasonably prevented from carrying out any work, undertaking or construction lawfully permitted on, over or under a highway or other public place may appeal to the Supreme Court.
(5) On an appeal under subsection (4), the court may order that the applicant be permitted to carry out the work, undertaking or construction under the conditions specified in the order.
533 (1) A council may, by bylaw, require the removal of
(a) wires,
(b) poles, or
(c) towers or other structures
on, in, over, under or along a highway that are considered by the council to be dangerous to the public safety.
(2) A council may require a person permitted to erect poles on highways to provide reasonable accommodation on the poles for wires and equipment of the municipality on agreed terms, and section 334 [limit on borrowing and other liabilities] does not apply to the agreement.
(3) If the parties are unable to reach an agreement referred to in subsection (2), the matters must be settled by arbitration, and for these purposes the Commercial Arbitration Act applies.
534 (1) A council may allow the construction of gates across a highway
(a) at points considered advisable within 800 m of a railway crossing, or
(b) for the assistance of customs and other officials in the performance of their duties.
(2) A municipality is not subject to any liability by reason of the fact that gates may have been constructed across a highway or that damages may have resulted to a person by reason of their existence.
535 (1) In this section and sections 536 and 537, "boundary highway" means a highway that forms all or part of the boundary between municipalities.
(2) All boundary highways must be opened, maintained, kept in repair and improved by the municipalities of which they form a boundary.
(3) The councils of the municipalities have joint jurisdiction over the boundary highway and are liable accordingly, although the highway may, in some places, deviate to be wholly or partly inside one or more of the municipalities.
536 (1) A municipal bylaw respecting a boundary highway does not have effect for the highway until mutually acceptable bylaws have been adopted by the other councils with joint jurisdiction.
(2) Subsection (1) does not apply to a work of local improvement undertaken on petition wholly at the cost of the owners of abutting property, if
(a) the work is inside the municipality proposing to carry out the work, and
(b) one month's notice of intention has been given to the other councils with joint jurisdiction.
(3) If a council fails to adopt an acceptable bylaw referred to in subsection (1) within 3 months of being given notice of the initial bylaw, the failure is an inability to agree within the meaning of section 537 and that section applies.
537 (1) If the municipalities interested in all or part of a boundary highway are unable to agree to their joint action in opening, maintaining, repairing or improving the highway, one or more of the councils may apply to the Minister of Transportation and Highways for a decision under this section.
(2) On an application under subsection (1), the Minister of Transportation and Highways may set the amount that each municipality is required to spend on the highway and the mode of expenditure.
(3) A decision under this section is final and binding on the municipalities interested, and may be enforced by any municipality in a court of competent jurisdiction.
(4) All sums of money overpaid by a municipality for opening, maintaining, repairing or improving the boundary highway may be recovered as a debt due to the municipality from a municipality in default or neglecting to make the payment directed by a decision under this section.
538 (1) This section applies if 2 or more adjoining municipalities, including the City of Vancouver,
(a) are served by a highway that transects those municipalities, and
(b) as a result, are interested in but unable to agree on the use, location, function, maintenance, repair or improvement of the highway.
(2) The Minister of Transportation and Highways, on the minister's own initiative or on the application of one or more of the councils of the affected municipalities, may
(a) determine the use and location of the highway or extensions,
(b) designate the function of the highway, and
(c) set the amount that each municipality is required to spend on the highway and the mode of expenditure.
(3) A decision of the Minister of Transportation and Highways under this section is final and binding on the affected municipalities.
(4) Section 536 [bylaws respecting intermunicipal boundary highways] applies to a highway under this section and section 537 [disputes respecting boundary highways] applies to enforcement of the decision under this section.
539 (1) If a river or stream forms all or part of the boundary between 2 or more municipalities, the councils of the municipalities may, by bylaw adopted by all councils, undertake the construction of a bridge across the river or stream.
(2) A bridge constructed under subsection (1) must be maintained and kept in repair jointly by the municipalities, and is under their joint jurisdiction and control.
(3) Sections 536 [bylaws respecting intermunicipal boundary highways] and 537 [disputes respecting boundary highways] apply to the construction and maintenance of intermunicipal bridges.
540 A council may, by bylaw,
(a) regulate the design and installation of drainage and sewerage works provided by persons other than the municipality, and
(b) require owners of real property to connect their buildings and structures to the appropriate sewer or drain connections in the manner specified in the bylaw.
541 A council may, by bylaw, make a watercourse part of the municipal drainage system, whether the watercourse is on a highway or municipal or private land.
542 (1) In this section and section 543, "stream" means a stream as defined in the Water Act.
(2) A council may, by bylaw,
(a) establish requirements that must be met by persons undertaking the construction of
(i) dikes,
(ii) works to maintain the proper flow of water in a stream, ditch, drain or sewer in the municipality, or
(iii) works to reclaim or to protect part of the land mass of the municipality from erosion by action of the sea or a stream, or any other cause, and
(b) establish requirements that must be met by owners of dikes.
543 (1) For the purpose of constructing works referred to in subsection (2), a council may appropriate the land that constitutes the channel or bed of a stream that passes through the municipality, without compensation to the owner.
(2) The power under subsection (1) may be exercised in relation to one or more of the following:
(a) dikes;
(b) works to maintain the proper flow of water in a stream, ditch, drain or sewer in the municipality;
(c) works to reclaim or to protect part of the land mass of the municipality from erosion by action of the sea or a stream, or any other cause;
(d) works to protect all or part of the banks of the stream from erosion or damage;
(e) works to make a watercourse part of the municipal drainage system, whether the watercourse is on a highway or municipal or private land;
(f) works through, under or over land adjoining a highway to protect the highway from damage by water.
(3) Before exercising the power under subsection (1), the council must, by bylaw, define the channel or bed of the stream.
(4) A certified copy of every bylaw under subsection (3), together with a plan showing the channel or bed of the stream as defined in the bylaw, must be filed in the land title office of the district in which the land affected is located.
544 (1) This section applies if a council considers that
(a) the drainage of surface water from outside the municipality into or through an area inside the municipality should be prevented, diverted or improved, or
(b) drainage of or from an area in the municipality should be prevented, continued beyond the municipality, diverted or improved,
and proposes to undertake works for these purposes.
(2) Before undertaking the proposed works, notice must be
(a) given to any other local government whose area may be affected, and
(b) served on all owners of land that may be affected.
(3) The notice under subsection (2) must state
(a) the place in the municipality where details of the project may be inspected, and
(b) the date by which objections to the project must be received by the municipality.
(4) The date under subsection (3) (b) must be at least one month after the date on which the notice is given under subsection (2).
(5) On application, the Supreme Court may order that the notice under subsection (2) (b) may be served by substituted service in accordance with the order.
(6) The designated municipal officer must make a full report to the inspector on all objections received.
(7) On the application of a council, the minister may authorize works proposed under this section on the terms of compensation and cost to owners of land affected that the minister considers proper.
545 (1) A person may appeal to the minister if,
(a) in order to provide an outlet for a surface drain, the person must continue the drain into an adjoining parcel of land or across or along a highway, and
(b) the owner of an adjoining parcel or the council refuses to enter into an agreement under which the drain may be continued.
(2) On an appeal under subsection (1), the minister may direct the municipality to provide the necessary works and may determine by whom the cost of the works must be borne.
546 (1) A municipality may apply to the Supreme Court for an order under this section against a person who
(a) obstructs, fills up or injures a ditch, drain, creek or watercourse constructed or improved under this Act, or
(b) cuts, destroys or injures a dike or other drainage or reclamation work connected with it.
(2) On an application under this section, the court may order the person to undertake the restoration work directed by the court and, in addition, to pay a penalty not greater than $2 000.
547 (1) If a dike is crossed by a highway or private road, the level of the dike must not be interfered with.
(2) If the top of a dike forms a portion of a highway, it is the duty of the council to maintain it at a constant level, and to repair all injury directly or indirectly caused to the dike by its use as a highway.
(3) For certainty, a council's duty under subsection (2) is limited to the highway as a highway and, except as otherwise required, does not extend to or include repair or maintenance of the dike as distinct from the highway.
(4) As an exception, subsection (2) does not apply if the council has granted a diking commission the privilege of using the existing road for a dike.
548 (1) A council may make agreements with adjoining municipalities, and also with the owner of any land, through, on or in which runs a natural stream or watercourse, for one or more of the following:
(a) constructing, enlarging or maintaining a culvert, ditch, flume, embankment or other work;
(b) removing obstructions from the stream or watercourse to lessen or prevent the danger of flooding from it;
(c) the granting, expending or accepting of money for the purposes referred to in paragraphs (a) and (b), even though the work may not be located in the municipality granting, expending or accepting the money or entering into the agreement.
(2) Sections 536 [bylaws respecting intermunicipal boundary highways] and 537 [disputes respecting intermunicipal boundary highways] apply to intermunicipal watercourses.
549 (1) A district municipality may
(a) collect the water from any highway by means of drains or ditches, and
(b) convey to and discharge the water in the most convenient natural waterway or watercourse.
(2) A municipality proposing to construct ditches or drains authorized by subsection (1) must publish a notice in accordance with subsection (3) in a newspaper once a week for 4 consecutive weeks.
(3) The notice under subsection (2) must state that
(a) the municipality intends to undertake the works,
(b) plans and specifications of the works may be inspected at the municipal hall, and
(c) all claims for damages or compensation arising out of the construction, maintenance, operation or use of the works must be filed with the municipality within one month from the date of the fourth publication of the notice.
(4) No person has a claim for damages or compensation arising out of or by reason of the construction, maintenance, operation or use of the ditches or drains unless the person has filed a claim referred to in subsection (3) (c) within the time period established by that subsection.
(5) If the municipality proceeds with the works or a portion of them, every claim must be determined in accordance with Division 3 of Part 8 [Expropriation and Compensation].
(6) If the construction of the drains or ditches is not started within one year from the date of the fourth publication of the notice under subsection (2), the construction must not proceed unless new notice is given in accordance with that subsection.
(7) No action arising out of, by reason of or in respect of the construction, maintenance, operation or use of a drain or ditch authorized by this section, whenever the drain or ditch is or was constructed, may be brought or maintained in a court against a district municipality.
(8) This section does not restrict the powers of the municipality under this Act or another enactment and, in the case of a conflict, this section prevails.
550 A council may, by bylaw, do one or more of the following:
(a) require persons to use a waste disposal or recycling service, including requiring persons to use a waste disposal or recycling service provided by or on behalf of the municipality;
(b) require owners or occupiers of real property to remove trade waste, garbage, rubbish and other matter from their property and take it to a specified place;
(c) require the emptying, cleansing and disinfecting of private drains, cesspools, septic tanks and outhouses, and the removal and disposal of refuse from them.
551 (1) Subject to the Highway Act, a council may, by bylaw, regulate the erection, placing, alteration, maintenance, demolition and removal of a sign, sign board, advertisement, advertising device or structure, or any class of them.
(2) For the purpose of subsection (1), a council may
(a) classify structures, things and the whole or a portion of a highway, and
(b) make different regulations for
(i) different zones established under a zoning bylaw, and
(ii) different classes of highways and portions of them.
552 A municipality may require a person using a highway or local government right of way to provide the municipality, if reasonably possible, with accurate plans and profiles of any of their works and facilities using the highway or right of way.
553 (1) If a municipal bylaw establishes
(a) taxes, fees or charges for the supply of water for irrigation, or
(b) other terms on which the service may be supplied or used,
the bylaw overrides the terms of any agreement respecting the carriage or supply of water for irrigation entered into by a company or other person from whom the municipality has acquired a water licence or works.
(2) An extension to a system for supplying water for irrigation must not be made for the purpose of supplying water to other land if the extension will prejudicially affect the prior rights of any parties to the use of the water intended to be conveyed and distributed by the extension.
554 (1) The authority under Division 2 [Parcel Taxes] of Part 10.1 [Taxes, Fees and Charges] for any of the following services on any portion of a highway, sidewalk or boulevard is subject to this section:
(a) cleaning or sweeping;
(b) clearing snow and ice;
(c) watering, oiling or tarring;
(d) lighting;
(e) supplying light in excess of that supplied at the expense of the municipality at large;
(f) cutting grass and weeds;
(g) trimming trees and shrubbery.
(2) A parcel tax for a service referred to in subsection (1) may be imposed
(a) only on the parcels of land that abut on the portion of the highway, sidewalk or boulevard, and
(b) only on the basis of taxable frontage.
(3) A council must not provide a service for which a parcel tax is to be imposed under this section unless
(a) a sufficient petition for the service has been received, or
(b) no sufficient petition against the service has been received within 30 days after the council gives public notice of intention to undertake the service.
(4) Division 1 [Local Improvements] of Part 19 applies for the purposes of subsection (3).
(5) Section 622 [municipal policy that works must be undertaken as local improvements] applies to subsection (1) and, for that purpose, a service referred to in subsection (1) is deemed to be a work that may be undertaken as a work of local improvement.
555 (1) The authority of a municipality under the following provisions is subject to the applicable provisions of the Water Act:
section 529 [works to protect highways from water damage];
section 541 [watercourse may be included in drainage system];
section 542 [requirements respecting drainage works];
section 543 [appropriation of stream channel or bed];
section 544 [control of drainage];
section 548 [intermunicipal watercourses];
section 549 [district municipality drainage works];
section 725.1 [protection of waterways].
(2) In addition, the following authorities of a municipality are subject to the applicable provisions of the Water Act:
(a) the authority to acquire, manage, extend and remove
(i) works to maintain the proper flow of water in a stream as defined in the Water Act, ditch, drain or sewer in the municipality,
(ii) dikes, or
(iii) works to reclaim or to protect part of the land mass of the municipality from erosion by action of the sea or a stream as defined in the Water Act, or any other cause;
(b) the authority to regulate a wharf, dock, warehouse or slip owned, held or managed by the municipality.
556 to 575 [Repealed 1999-37-121.]
576 [Repealed 1998-34-119.]
577 to 584 [Repealed 1999-37-121.]
585 to 592 [Repealed 1999-37-122.]
593 [Repealed 1998-34-124.]
594 to 599 [Repealed 1999-37-122.]
600 [Repealed 1998-34-127.]
601 to 604 [Repealed 1999-37-122.]
605 [Repealed 1998-34-128.]
606 [Repealed 1999-37-122.]
607 (1) As a limitation on section 176 (1) (a) and (b) [corporate powers – agreements], a council may, by bylaw adopted with the assent of the electors,
(a) enter into or ratify or adopt agreements granting to a person an exclusive or limited franchise, for a term of years not longer than 21 years, for the operation on the highways in the municipality of motor buses, motor vehicles, tram cars, electric trolley buses or other vehicles as a public utility for the carriage of passengers, and
(b) enter into or ratify or adopt agreements granting to a person an exclusive or limited franchise, for a term of years not longer than 21 years, to supply gas, electrical energy, water or telephone service to the inhabitants of the municipality.
(2) Despite subsection (1) (b), an agreement under that provision may, with the approval of the inspector, be renewed for one or more further terms, each of which must not be longer than 21 years.
(3) Before approving the renewal of an agreement under subsection (2), the inspector may require that the assent of the electors be obtained or that the council provide a counter petition opportunity in relation to the proposed agreement.
(4) For the purposes of subsections (2) and (3), a subsequent agreement to supply gas to the inhabitants of the municipality made between the parties to an agreement under subsection (1) (b), or their successors, heirs or assigns, is deemed to be a renewal of the agreement.
608 (1) A bylaw under section 607 (1) (a), and an agreement made, ratified or adopted under it,
(a) may specify how and along what routes and between what terminals motor buses, motor vehicles, tram cars, electric trolley buses or other vehicles must operate, and may reserve or create power to specify those matters from time to time,
(b) may establish fares for the carriage of passengers, or reserve or create power to establish them, and
(c) without limiting paragraphs (a) and (b) but subject to this Division, may specify the other terms and restrictions, including payments to or by the municipality for and in connection with the franchise.
(2) A bylaw under section 607 (1) (b), and an agreement made, ratified or adopted under it,
(a) may specify how and where mains, poles and wires must be installed, and may reserve or create power to specify those matters from time to time,
(b) may establish the rates for the supplying of gas, electrical energy, water or telephone service, and reserve or create power to establish them, and
(c) without limiting paragraphs (a) and (b) but subject to this Division, may specify the other terms and restrictions, including payments to or by the municipality for and in connection with the franchise.
609 (1) A municipality that is party to an agreement made, ratified or adopted by a bylaw under section 607 may, by action in a court of competent jurisdiction, enforce the carrying out of the agreement and every term and provision of it, in so far as it affects that municipality, as though the agreement related solely to the municipality instituting the action.
(2) Any other municipality that is a party to an agreement referred to in subsection (1) may apply to be added as party, either as plaintiff or defendant, to the action and, in the discretion of the court, may be added accordingly.
610 to 614 [Repealed 1999-37-123.]
615 to 619 [Repealed 2000-7-59.]
620 In this Division:
"abutting directly", in relation to works of constructing, enlarging or extending a sewer or water main, applies to mains through private lands as well as to mains under streets;
"bridge" includes a viaduct, culvert, subway and embankment, and also includes pavement on a bridge;
"constructing" includes reconstructing all or part of a work when the lifetime of the work has expired;
"construction bylaw" means a bylaw under section 623 or 624;
"curbing" includes a curbing of any material
(a) in or apart from the laying down of a pavement or sidewalk, or
(b) with or without a projection for a gutter;
"engineer" includes an officer or person authorized or required by a council to perform a duty that is to be or may be performed by an engineer;
"lifetime" as applied to a work means the lifetime of the work as estimated by the engineer;
"municipality's portion of the cost" means that portion of the cost of a work that is not to be specially charged against parcels of land, but is payable by the municipality;
"owners' portion of the cost" means that portion of the cost of a work that is to be specially charged against the land abutting directly on a work or on land immediately benefited by a work;
"pavement" means any type of street surfacing;
"paving" includes laying down or constructing any description of pavement with or without curbing;
"publication" means publication by one insertion in a newspaper;
"sewer" includes a common sewer, septic tank and a drain, or a combination of them;
"sidewalk" includes a footway and a street crossing;
"street" includes a lane, road, alley or public place, or a part of any of them;
"value" means the assessed value of land, exclusive of improvements, according to the last authenticated real property assessment roll of the municipality;
"work" means a service that may be undertaken as a local improvement.
621 (1) Land that is wholly exempt from taxation under sections 339 [general exemptions from taxation] and 340 [qualifications and exceptions] is not subject to this Division.
(2) Despite subsection (1), the municipality must pay the amount of parcel tax that would, but for the exemption, be payable in respect of land exempt from parcel tax.
(3) Despite subsection (1), a person who is liable for a parcel tax in respect of the land by reason of being the holder or occupier of land held in the manner referred to in
(a) section 356 [taxation of Crown land used by others], or
(b) section 357 [taxation of municipal land used by others]
may petition for or against undertaking a work.
(4) In computing the values of the land under section 629 [local improvement proposed on council's initiative], only the assessed value of the person's interest in it is to be used.
622 (1) A council may, by bylaw adopted with the assent of the electors, provide that all or any works that may be undertaken as local improvements must be undertaken as local improvements and not otherwise.
(2) A requirement under subsection (1) is effective on the date on which the bylaw is adopted or on a later date specified in the bylaw.
623 (1) On petition or on its own initiative, the council of a city, town or district municipality may, by bylaw, undertake one or more of the following as local improvements:
(a) establishing and opening a street;
(b) opening, widening, extending, grading, paving, altering the grade of, diverting or improving a street, including retaining walls incidental to it;
(c) constructing a bridge as part of a street;
(d) constructing, enlarging or extending a sewer or water system;
(e) constructing a curbing or a sidewalk in, on or along a street, including retaining walls incidental to it;
(f) constructing a boulevard where part of a street has been set apart for the purpose of a boulevard;
(g) sodding a part of a boulevard or street and planting trees, shrubs and plants on and in a boulevard or street;
(h) acquiring, establishing, laying out or improving
(i) a park or square having an area of not more than 1 hectare, or
(ii) a public drive;
(i) constructing retaining walls, dikes or breakwaters along the shore of a sea or lake or the banks of a river;
(j) constructing and erecting on a street necessary equipment, wires and works, including standards and underground conduits, to supply public lighting for the street;
(k) constructing a conduit for wires or pipes along a street.
(2) On petition, the council of a village municipality may, by bylaw, undertake one or more of the following as local improvements:
(a) opening, widening, extending, grading, paving, altering the grade of, diverting or improving a street;
(b) constructing a curbing or a sidewalk in, on or along a street;
(c) works referred to in subsection (1) (a), (f) and (g).
(3) If a municipality in the exercise of its powers acquires, by purchase, expropriation or otherwise, land or real property for a purpose or object referred to in this section, the cost must be included as part of the work.
(4) Nothing in this section extends or applies to a work of ordinary repair or maintenance.
624 (1) In addition to powers under section 623, a council may, by bylaw, undertake the construction and erection of sidewalk canopies as a local improvement.
(2) Despite section 641,
(a) a work undertaken under subsection (1) must be maintained and kept in repair by the municipality, and
(b) the annual expense incurred must be specially charged against the parcels benefiting in the same proportions as provided for sharing of the cost of the work by the original construction bylaw.
(3) A council may, by bylaw, remove a work undertaken under subsection (1), subject to the following:
(a) the municipality must assume all future levies relating to the work;
(b) if levies were commuted with respect to a parcel, the commuted value of the future levies must be paid by the municipality to the owner of the parcel.
(4) Despite any other provision of this Division, instead of imposing a parcel tax, a council may apply section 646 (3) and (4), in which case the notice required under section 629 (3) and the general bylaw required under section 634 must set out the basis on which the work or service is to be charged.
625 (1) This section applies if the work to be undertaken is the paving of a street.
(2) Before the paving is started, the council may, by bylaw without petition, authorize the making of all necessary connections from any existing sewer, water or gas main owned by the municipality to the parcels of land on either or both sides of the street.
(3) [Repealed 1999-37-131.]
(4) A fee or charge must not be imposed for the renewal of an existing connection required as a result of the paving.
626 (1) This section applies if the work to be undertaken is paving or the construction of curbing, a boulevard or a sidewalk.
(2) On the written request of the owner of a parcel to be served by the work, the council may, before the work is started, provide, as part of the work, for the construction of a sidewalk crossing or driveway as the council may determine, to form an approach to a particular parcel.
(3) The cost of the sidewalk crossing or driveway must be specially charged on the particular parcel.
627 (1) A construction bylaw ceases to have effect if the work authorized by it is not started within one year from the date of its adoption.
(2) A construction bylaw may not be enacted after one year from the date of the municipal officer's certificate under section 632 (2) [sufficiency of petition].
628 (1) Except as otherwise expressly provided in this Division, every bylaw must be for a distinct and separate work.
(2) A single bylaw may be adopted for 2 or more works referred to in section 623 that are to be undertaken and provided at the same time and by the same method and for the same properties, in which case all the works are to be considered as one work.
(3) The power to adopt a bylaw under section 623 or 624 may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and bylaws under those sections may not be consolidated into a comprehensive general bylaw under section 280.3.
629 (1) If a council proposes to undertake a local improvement on its own initiative, notice of this intention must be given by
(a) publication of a notice, and
(b) mailing the notice to the owners of the parcels liable to be specially charged.
(2) A notice under this section may relate to and include any number of different works.
(3) A notice under subsection (1) (a) is sufficient if it sets out the following:
(a) a general description of the work;
(b) the street or place where, and the points between which, the work is to be effected;
(c) the estimated cost of the work;
(d) as applicable, the annual charge established under section 634 (1) (a) or the proportion of the total cost to be borne by the owners as established under section 634 (1) (b);
(e) the number of years for which annual charges will be imposed.
(4) A notice mailed to an owner under subsection (1) (b) must include the information under subsection (3) and, in addition, must specify the following:
(a) the taxable frontage or taxable area of the owner's parcel, as applicable;
(b) as applicable, the total annual charge or estimated annual charge to be specially charged against the owner's parcel;
(c) the commuted value of those charges.
(5) The designated municipal officer must mail a notice under subsection (1) (b) to the owner at the address as set out in the last authenticated real property assessment roll and also to any later address known to the assessor.
(6) The obligation to give notice to an owner under this section is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
(7) Publication and mailing of the notice may be proved by affidavit, and the affidavit, after the adoption of the construction bylaw, is conclusive evidence of publication and mailing of the notice as deposed in it.
630 (1) A work for which notice is given in accordance with section 629 may be undertaken as a local improvement unless, within one month after the publication of the notice, a majority of the owners, representing at least 50% of the value of the parcels that are liable to be specially charged, petition the council not to proceed with it.
(2) Sections 631 and 632 apply to a petition referred to in subsection (1).
(3) If a council has been prevented from undertaking a work because of a petition under this section, the council must not propose the same work on its own initiative within a period of one year after the presentation of the petition.
(4) As an exception, the prohibition under subsection (3) does not prevent a council from again proposing a work on its own initiative if the work is varied from or less expensive than that originally proposed to be undertaken.
631 (1) A petition to a council for a work is not valid unless all the following requirements are met:
(a) the petition must be signed by 2/3 of the owners of the parcels liable to be specially charged;
(b) the signatories must be the owners of parcels having a value of at least 50% of the value of all parcels liable to be specially charged;
(c) a description of the parcel owned by each petitioner must be set out in the petition.
(2) A petition must be filed with the municipality, and is deemed to be presented to the council when this is done.
(3) Before being circulated for signature, each page of a petition must contain the following:
(a) a general description of the work;
(b) the annual charge per taxable unit, or the proportion of the cost of the work which will be the owners' portion as established by bylaw under section 634;
(c) the number of years for which annual charges will be imposed.
632 (1) The sufficiency of a petition is to be determined by the municipal officer assigned responsibility under section 198 [corporate administration].
(2) A determination under subsection (1) must be evidenced by a certificate of the municipal officer, and is then final and conclusive.
(3) If the municipal officer determines that a petition is sufficient, it is deemed to have been and to be a sufficient petition, despite any changes made under Division 2 [Parcel Taxes] of Part 10.1 [Taxes, Fees and Charges] in the parcels to be specially charged that have the effect of increasing or reducing the number of those parcels.
(4) If it is necessary to determine the value of a parcel and this cannot be ascertained from the real property assessment roll because the parcel was not separately assessed, or for any other reason,
(a) the assessor must determine the value of the parcel,
(b) the assessor's determination is final and conclusive, and
(c) the value determined by the assessor is deemed for the purposes of this Division to be the assessed value.
(5) If a petitioner is the owner of land but does not appear by the last authenticated real property assessment roll of the municipality to be the owner, the petitioner is deemed an owner if the petitioner's ownership is proved to the satisfaction of the municipal officer.
(6) If a petitioner is deemed to be an owner under subsection (5) and the person who appears by the last authenticated real property assessment roll to be the owner is also a petitioner, the name of the latter petitioner must be disregarded in determining whether the petition is sufficient.
(7) If 2 or more persons are owners of a parcel,
(a) they must be considered as one owner only,
(b) they are not entitled to petition unless a majority of them concur, and
(c) unless a petition is signed by a majority of them, their signatures must be disregarded in determining whether the petition is sufficient.
(8) For the purpose of determining the sufficiency of a petition,
(a) the municipal officer may have witnesses summoned and examined under oath, and
(b) any interested person may have a subpoena to procure the attendance of a witness issued out of the Supreme Court within the territorial limits of which the municipality lies.
(9) A witness who is a resident of the municipality is bound to attend without payment of fees or conduct money, and a witness who is not a resident of the municipality is entitled to fees and conduct money under the Rules of Court.
(10) After the municipal officer has certified the sufficiency of a petition, a person may not withdraw his or her name from the petition, and no name may be added to the petition.
633 (1) In addition to the construction costs of a work undertaken under a construction bylaw, the following may be included in the cost of the work:
(a) engineering expenses;
(b) cost of advertising and mailing of notices;
(c) interest on temporary loans, and discount and expenses relating to security issuing bylaws;
(d) compensation for land taken for the purposes of the work or injuriously affected by it, and the expenses incurred by the municipality in connection with determining the compensation.
(2) On completion of the execution and financing of a work, the municipal officer assigned responsibility under section 199 [financial administration] must submit to the council a certified statement setting out the cost of the work, and that cost is as certified.
634 (1) A council must not undertake any class of work under this Division unless it has, by general bylaw applicable to all works of that class, done one of the following:
(a) established
(i) the annual charge for each taxable unit, to be specially charged against parcels benefiting from or abutting that class of work and the number of years for which the annual charge is to be imposed, and
(ii) the percentage of the aggregate of the charges that will be accepted as the commuted value;
(b) established the proportion of the cost of the class of work to be specially charged against the parcels benefiting from or abutting the work as the owners' portion of the cost of the work.
(2) A charge under subsection (1) (a) may only be established on the basis of
(a) a single amount for each parcel, or
(b) the taxable frontage of the parcel.
(3) An amendment to a bylaw under subsection (1) is not valid for any work for which a construction bylaw has been adopted.
(4) The total of all charges imposable under subsection (1) (a) is deemed to be the owners' portion of the cost of the work concerned.
(5) When a work is completed, the charges referred to in subsection (1) (a) or the proportion of the cost to be specially charged, as applicable, must be recovered by the means of a parcel tax, imposed on the basis established under subsection (2), on the parcels benefiting from or abutting the work.
(6) As a limit on the authority under this section, if the construction of a sidewalk on one side only of a street is undertaken,
(a) the council may recover 1/3 of the owners' portion of the cost of its construction by means of a parcel tax under subsection (5) imposed on the land abutting on the side of the street opposite to that on which the sidewalk is constructed, and
(b) if at a subsequent time the construction of a sidewalk on the other side of that street is undertaken,
(i) 2/3 of the owners' portion of the cost of its construction must be recovered by means of a parcel tax under subsection (5) imposed on the land abutting on that side of the street, and
(ii) the other 1/3 of the cost must be recovered by means of a parcel tax under subsection (5) imposed on the land abutting on the other side of the street.
635 (1) If a work is proposed to be undertaken under this Division, before adopting the construction bylaw, the council must have a report prepared stating
(a) the lifetime of the work,
(b) the estimated cost of the work, and
(c) the share or proportion of the total cost that will be specially charged against the parcels benefiting from or abutting on the work.
(2) A report prepared under this section may be adopted in whole or in part or as amended by the council.
(3) [Repealed 1999-37-136.]
(4) A construction bylaw must not be adopted if the total amount proposed to be borrowed under it exceeds the total amount of borrowing approved by the inspector for local improvement purposes less the amount already borrowed under authorization.
(5) Every construction bylaw must conform with the notice under section 629 or the petition under section 631.
636 Persons whose parcels are subject to being specially charged under this Division may commute for a payment in cash the special charges imposed on them in accordance with terms and conditions established by bylaw.
637 (1) A council may, in accordance with Part 9 [Financial Management], borrow money that may be necessary to undertake a work, but the amount borrowed must not exceed the total cost of the work.
(2) A construction bylaw is deemed to be a loan authorization bylaw for the purposes of borrowing under subsection (1), and compliance with sections 629 to 632 [local improvements initiation process] is deemed to be compliance with the requirement to provide a counter petition opportunity under section 335.1 [counter petition opportunity required for borrowings].
(3) Before the completion of the works under a construction bylaw, in respect of any works undertaken or about to be undertaken, the council may borrow under a security issuing bylaw not more than 80% of the estimated cost of the works as set out in the construction bylaw.
(4) Before the completion of the works, money required to pay the costs incurred may be borrowed temporarily under section 335.2 [temporary borrowing under loan authorization bylaw].
638 Instead of borrowing the amount of the municipality's portion of the cost of a work undertaken as a local improvement, the council may pay all or some of the municipality's portion in any year out of money appropriated for that purpose in its financial plan.
639 (1) If a local improvement fund has been set up in accordance with section 500, the council may, by bylaw, appropriate from it the sums considered necessary to meet the cost or the owners' portion of the cost of a work authorized by a construction bylaw.
(2) A bylaw under subsection (1) must provide for the repayment to the local improvement fund of an appropriate share of the property value tax or parcel tax, or both, imposed sufficient to recover the money advanced, together with interest on it.
640 (1) This section applies if a work undertaken by local improvement under this Act or the former Local Improvement Act has been constructed or carried out in part and the council considers it inadvisable or impracticable to complete the work.
(2) If the assessment roll prepared for the work has not been authenticated, the council may amend the construction bylaw in so far as it relates to the extent of the work.
(3) If the assessment roll prepared for the work has been authenticated, the council
(a) may amend the construction bylaw in so far as it relates to the extent of the work, and
(b) must direct the collector to revise the assessment roll.
(4) On the basis of the revised assessment roll under subsection (3) (b), the council may
(a) amend the bylaw imposing the parcel tax,
(b) refund, by payment in cash or by credit on future municipal taxes, any taxes that
(i) were imposed under the original assessment on parcels of land that are not included in the revised assessment roll, and
(ii) were or are collected from the owners of those parcels, and
(c) order any necessary adjustments in the amount of parcel tax that was imposed on owners of parcels of land that remain on the revised assessment roll.
641 (1) After a work undertaken as local improvement has been completed, it must during its lifetime be kept in repair by and at the expense of the municipality.
(2) Nothing in this Division
(a) relieves a municipality from any duty or obligation to which it is subject, either at common law or under this Act or otherwise, to keep in repair the highways under its jurisdiction, or
(b) impairs or prejudicially affects the rights of any person who is injured because the municipality failed to discharge that duty or obligation.
(3) Nothing in this section makes a municipality liable for any damage for which it otherwise would not have been liable.
642 (1) On application by an owner or occupier of land specially charged for a work undertaken as a local improvement, the Supreme Court may make an order requiring the municipality to put the work in repair if, at any time during the lifetime of the work, the municipality
(a) fails to maintain the work in a good and sufficient state of repair, and
(b) fails to repair the work after one month's notice in writing by the owner or occupier of a parcel specially charged requiring the municipality to do so.
(2) An order under subsection (1) has the same effect and may be enforced in the same manner as a mandatory order.
(3) The court may determine what repairs are necessary, and may order them made in a manner, within a time and under supervision it considers proper.
(4) On an application under subsection (1), if the court is satisfied that the work required to make the repairs that are necessary and reasonable amounts to a reconstruction of the work, the court may
(a) determine that the work may be done as a work of local improvement, and
(b) set the amounts payable by the municipality and by the owners of land adjacent, as in the original bylaw authorizing the work, or otherwise, in its discretion, or in the discretion of the Court of Appeal on appeal.
(5) If a person under whose supervision the repairs are to be made is appointed,
(a) the court may determine the remuneration to be paid to the person, and
(b) the remuneration determined by the court must be paid by the municipality, and payment may be enforced in the manner and by the same process as a judgment for the payment of money.
(6) If the municipality does not comply with the court order, in addition to any other remedy to which the applicant for the order may be entitled, the court may authorize the repairs to be made by the applicant.
(7) If repairs are made by an applicant under subsection (6),
(a) their cost must be ascertained and determined by the court, and
(b) payment of the cost determined by the court may be enforced in the same manner and by the same process as a judgment for the payment of money.
(8) An appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
643 (1) The special charge and the special levies on land for the cost of a work undertaken as a local improvement, whether on petition or otherwise, is not an encumbrance on the land on which the special rate is charged or chargeable
(a) as between a vendor and a purchaser, or
(b) respecting a covenant against encumbrances, or for the right to convey or for quiet possession free from encumbrances.
(2) Subsection (1) does not apply to any part of the special charge or special levies that is in arrear and unpaid.
644 (1) This section applies to a work undertaken as a local improvement that is replaced, removed or destroyed by a work constructed for the general benefit of a municipality.
(2) Despite any other provision of this Act, if an assessment roll has been authenticated under this Act or confirmed under the former Local Improvement Act, the council may, by bylaw, provide that the municipality must assume all future levies relating to the owners' portion of the cost of a work undertaken as a local improvement referred to in subsection (1).
(3) [Repealed 1997-25-117.]
645 (1) Despite any other provision of this Act, the Lieutenant Governor in Council may appoint a commission under Part 2 of the Inquiry Act for an assessment if
(a) the assessment roll has been authenticated under this Act or confirmed under the former Local Improvement Act, and
(b) it is represented to the satisfaction of the Lieutenant Governor in Council that inequalities exist in the assessment or that hardship has resulted as a consequence of the assessment.
(2) A commission under subsection (1) has the power and is charged with the duty to consider, investigate and inquire into the following:
(a) the items, amount, incidence and apportionment of the cost of any work of local improvement, and of the special charges made, authorized, required or proposed to be made for it, and whether or not the special charges, either alone or together with other municipal rates or taxes, are, may or will be unduly burdensome on any parcel affected by them;
(b) the proportion and amounts of the special charges that are paid or unpaid or which ought to be paid on any parcel affected by them;
(c) the benefit derived or derivable from the work by the various parcels charged or chargeable for it, either generally or compared with each other;
(d) the probable or reasonable lifetime of the work or any portion of it;
(e) the amounts realized or not realized by the municipality on account of instalments of principal and interest in relation to any debentures issued for the cost of the work;
(f) the probable ability or likelihood of any lot specially charged or chargeable for the work being capable of bearing its share of the special assessment;
(g) the amount that should fairly and reasonably be charged against the various parcels abutting on or benefited by the work for the cost of the work and the expenses incurred in relation to it, considering all the circumstances;
(h) any reductions that ought to be made from the special assessment in the case of triangular or irregularly shaped parcels, parcels located at the junction or intersection of streets or parcels wholly or partly unfit for building purposes;
(i) the desirability or feasibility of extending the period of years over which the special charge is or may be made payable;
(j) the debts or obligations incurred by the municipality for the work, whether under debentures, temporary loans or advances, or otherwise;
(k) whether the municipality should bear a proportion or a further proportion of the cost of the work, or the entire cost of particular portions of the work;
(l) whether or not parcels should be relieved from all or part of the charges;
(m) whether the charges for the cost of the work should be spread over a larger area, and whether the method of assessment should be changed to another method;
(n) generally, any matter or thing, fact or circumstance in relation to the work which the commissioners consider proper or relevant.
(3) The commission must
(a) report to the Lieutenant Governor in Council the result of the investigation and inquiry, and
(b) recommend to the Lieutenant Governor in Council, in the case of each parcel,
(i) any remedy, measure of relief, allowance or adjustment that should be given or made to the municipality or to the owners specially charged in order that any inequality or any hardship in the assessment or proportion of assessment as made is remedied or removed,
(ii) who should pay any charge or assessment made necessary by giving the remedy, relief, allowance or adjustment, and
(iii) in what proportions a new assessment should be made for the work.
(4) The Lieutenant Governor in Council may return the report for reconsideration, or accept and adopt the report of the commission and by order require that the council carry out and fulfil the recommendations contained in it.
(5) On publication of an order under subsection (4) in the Gazette, the council must adopt a bylaw readjusting the charges, assessment and every matter or thing in connection with it in accordance with the report and order, and must carry out all of the terms of the report and order.
(6) A bylaw under subsection (5) must be submitted to the inspector for approval.
(7) After it has been approved by the inspector, a bylaw under subsection (5) must not be set aside by a court on any ground, except noncompliance with the report and order, and the bylaw is a valid and sufficient bylaw of the municipality for all purposes, and all assessments made under it are valid assessments.
(8) On the adoption and publication of a report under subsection (4), the municipality must
(a) promptly pay compensation to the commissioners for travelling expenses and for their services, and
(b) pay to the Minister of Finance and Corporate Relations the amount of all other costs incidental to the work of the commission, including the costs of necessary clerical assistance.
646 (1) In addition to the exercise of the powers under Division 1 [Local Improvements] of this Part, a council may, by bylaw, undertake any service coming within the powers of the municipality for the special benefit of a specified area of the municipality.
(2) A bylaw under subsection (1) must define the area of the municipality that will be benefited.
(3) The entire cost, or a part of the cost of the service determined by the council and specified in a bylaw under subsection (1), must be borne by the owners of real property within the specified area or the users of the service, or by both.
(4) For the purpose of subsection (3), the council may impose within the specified area one or more of the following:
(a) a tax based on the assessed value of the land, or the improvements, or both;
(b) a parcel tax;
(c) other fees or charges provided in this Act.
(5) Subject to this section, Part 10.1 [Taxes, Fees and Charges] applies in respect of taxes, fees and charges imposed under subsection (4).
(6) A council may, by bylaw,
(a) provide that a parcel tax imposed under subsection (4) (b) may be commuted for payment in cash,
(b) set terms and conditions for a commutation under paragraph (a), and
(c) specify circumstances in which a commutation under paragraph (a) may be refused.
(7) Subject to the Waste Management Act, before a bylaw under this section is adopted one of the following requirements must be met:
(a) the bylaw must have received the assent of the electors;
(b) the service to be undertaken must have been requested by a petition and, for these purposes, sections 631 [petition to council] and 632 [sufficiency of petition] apply;
(c) the service to be undertaken must have been proposed by the council on its own initiative, and, for these purposes, sections 629 [council initiative] and 630 [petition against work] apply.
(8) The power to adopt a bylaw under subsection (1) may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and a bylaw under that subsection may not be consolidated into a comprehensive general bylaw under section 280.3.
647 (1) This section applies if a municipality provides off-street parking facilities on a specified area basis under this Division.
(2) A council may, by bylaw, provide for the application of all or part of the net current revenue derived from the operation of parking meters in the specified area to the provision of off-street parking facilities within the specified area, including the repayment of debt and interest on the provision of those facilities.
648 (1) A council may, by bylaw, provide for the borrowing from any person or for the appropriation from the local improvement fund of money necessary to meet the capital cost of a service for an area established under section 646.
(1.1) For the purpose of determining the capital cost of all or part of a service under this Division, either estimated or actual,
(a) the cost factors referred to in sections 633 [items that may be included in the cost] and 634 [charges must be established in advance] as determined by the council apply, and
(b) the capital or other cost of the service must be reduced by the amount of revenue derived from the service.
(2) Division 4 [Expenditures and Liabilities] of Part 9 [Financial Management] applies to a bylaw under subsection (1) except that, if the assent of the electors or a counter petition opportunity is required under that Division, compliance with section 646 (7) [elector assent for specified areas] is deemed to be compliance with that requirement.
(3) Subject to subsections (4) and (5) and section 649 [enlargement or reduction of specified area] and despite section 646 (3) [who bears cost of service], if the capital cost of the service is met out of money borrowed or appropriated under subsection (1), the entire capital cost of the service must be borne by the area specified in the bylaw.
(4) The cost of any capacity of the service in excess of that required for the specified area may be borne by the municipality unless the specified area is extended or merged and the full capacity of the service is required for the extended area or merged area, in which case the excess cost must no longer be borne by the municipality but by the extended area or merged area.
(5) A council may, by bylaw, provide that a part of the cost of the service for a downtown revitalization project approved by the inspector is to be borne by the municipality.
(6) [Repealed 1999-37-143.]
(7) Before adopting a bylaw under subsection (5), the council must provide the electors in the whole of the municipality with a counter petition opportunity in relation to the proposed bylaw.
(8) In addition to the information required by section 172.4, the notice of a counter petition opportunity under this section must include
(a) the total amount proposed to be borrowed,
(b) the part of the cost of the borrowing that is to be borne by the municipality, and
(c) the length of time for repayment.
649 (1) A council may, by bylaw, enlarge or reduce the size of a specified area.
(2) Section 646 (7) applies to a bylaw under subsection (1) of this section, with the modification that the requirement for assent, petition or council initiative referred to in that provision applies only in relation to the area to be included or excluded from the specified area and not to the rest of the specified area.
(3) [Repealed 1997-25-121.]
(4) If a specified area has been enlarged or reduced under this section, the liabilities incurred on behalf of the area as it was before enlargement or reduction must be borne by all the owners of parcels of land in the area as enlarged or reduced.
650 (1) A council may, by bylaw,
(a) merge 2 or more specified areas defined under section 646 into one specified area for the purposes set out in the bylaws establishing them, or
(b) if the 2 or more specified areas are not contiguous, merge them for the purpose of deeming them to be one specified area for the purposes specified in the bylaws establishing them.
(2) A bylaw under subsection (1) may merge the specified areas while providing that repayment of any debt of one or more of the former specified areas that is outstanding at the time of merger is to continue to be borne by the applicable former specified area.
(3) If there is outstanding debt of a former specified area that is not kept separate under subsection (2), section 646 (7) applies to the bylaw under subsection (1) of this section, with the modification that the requirement for assent, petition or council initiative referred to in section 646 (7) applies separately to each specified area being merged.
(3.1) Section 646 (7) does not apply to the bylaw under subsection (1) of this section if
(a) there is no outstanding debt of any former specified area, or
(b) the outstanding debt of each former specified area is kept separate under subsection (2).
(4) If a council has, with respect to each of any 2 or more areas specified in bylaws adopted under section 646, provided that the area may be merged with another specified area, whether contiguous or not, for the purpose of providing, consolidating or completing necessary services for the merged areas, the council may, by bylaw without the assent of the electors,
(a) merge the areas,
(b) provide, consolidate or complete the necessary services, and
(c) borrow money under section 648,
as required.
(5) For the purposes of this section, an area defined under Division 1 of this Part or section 53 of the Local Improvement Act, R.S.B.C. 1948, c. 237, and under section 65 of the Municipal Act, R.S.B.C. 1948, c. 232, is deemed to be a specified area under section 646.
(6) [Repealed 1997-25-122.]
650.1 (1) This section applies in relation to an agreement between a municipality and a public authority
(a) for the purpose of jointly managing facilities for pleasure, recreation and other community uses of the public, including heritage property and land to be used for the conservation of heritage property, that are on a site
(i) owned or held by a party to the agreement, or
(ii) leased from the Provincial government by a party to the agreement, or
(b) for the purpose of contributing to the cost of managing facilities referred to in paragraph (a).
(2) If
(a) a service is provided under an agreement referred to in subsection (1) at the expense of a specified area, and
(b) the service is discontinued or taken over by a board of school trustees or a francophone education authority,
all remaining taxes, fees or charges under this Part are payable by the municipality.
651 Part 15 [Municipal Services] applies to a part of a municipality established as a specified area under this Division as if the area were the whole municipality.
651.1 (1) In this section:
"applicant" means a corporation, association or organization applying to the council for a grant of money under this section;
"business area" means an area in a municipality where business or commerce is carried on;
"business improvement area" means a business area designated by bylaw as a business improvement area under subsection (3) (a);
"business promotion scheme" means
(a) carrying out studies or making reports respecting one or more business areas,
(b) the improvement, beautification or maintenance of streets, sidewalks or municipally owned land, buildings or structures in one or more business improvement areas,
(c) the conservation of heritage property in one or more business improvement areas, and
(d) the encouragement of business in one or more business improvement areas;
"taxable property" means land or improvements, or both, that fall or would fall within Class 5 or 6 of the Assessments – Classes and Percentage Levels Regulation, B.C. Reg. 438/81, as that regulation stood on January 8, 1988.
(2) As an exception to section 182 [prohibition against assistance to business], a council may grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.
(3) Before a council grants money under subsection (2), the council must, by bylaw, do the following:
(a) designate the appropriate business area as a business improvement area;
(b) name the applicant to which the money will be granted;
(c) establish the maximum amount of money to be granted;
(d) require that the money granted must be expended only
(i) by the applicant to which the money is granted, and
(ii) in accordance with the conditions and limitations set out in the bylaw and for a business promotion scheme set out in the bylaw;
(e) require that all or part of the money granted to the applicant, as determined by the council, be recovered within the business improvement area from owners of land or improvements, or both, or from other persons from whom charges provided in this Act may be collected in the business improvement area.
(4) For the purpose of a requirement under subsection (3) (e), the council may impose on taxable property within the business improvement area any or all of the following:
(a) a tax based on the assessed value of the land, improvements or both;
(b) a parcel tax;
(c) a tax based on any factor set out in the bylaw;
(d) other fees and charges provided in this Act.
(5) A bylaw imposing a tax under subsection (4) may establish different rates for different classes of business, as specified in the bylaw.
(6) If a council enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without limiting this, the bylaw must require the applicant to
(a) submit each year a budget for approval by the council,
(b) account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and
(c) take out and maintain insurance of the type and in the amount specified in the bylaw.
(7) Sections 646 (7) (b) and (c) [requirement for petition or council initiative] and 648 (2) [costs of services for specified areas] apply to a bylaw under this section and, for these purposes, a business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service.
(8) Section 649 [enlargement or reduction of specified area] and section 650 [merging of specified areas] apply in respect of a business improvement area as if it were a specified area.
(9) Subject to this section, Part 10.1 [Taxes, Fees and Charges] applies in respect of taxes, fees and charges imposed under subsection (4).
(10) A bylaw designating a business improvement area ceases to have effect on the earlier of
(a) 20 years from the date the bylaw comes into force, and
(b) a date specified in the bylaw.
651.2 (1) In this section:
"applicant" means a corporation, association or organization applying to the council for a grant of money under this section;
"business area" means an area in a municipality where business or commerce related to a mountain resort is carried on;
"business promotion scheme" means
(a) carrying out studies or making reports respecting one or more business areas,
(b) the improvement, beautification or maintenance of streets, sidewalks or municipally owned land, buildings or structures in one or more mountain resort business improvement areas,
(c) the conservation of heritage property in one or more mountain resort business improvement areas, and
(d) the encouragement of business in one or more mountain resort business improvement areas;
"mountain resort business improvement area" means a business area designated by bylaw as a mountain resort business improvement area under subsection (3) (a).
(2) As an exception to section 182 [prohibition against assistance to business], a council may grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.
(3) Before a council grants money under subsection (2), the council must, by bylaw, do the following:
(a) designate the appropriate business area as a mountain resort business improvement area;
(b) name the applicant to which the money will be granted;
(c) establish the maximum amount of money to be granted;
(d) require that the money granted must be expended only
(i) by the applicant to which the money is granted, and
(ii) for a business promotion scheme set out in the bylaw;
(e) require that all of the money granted to the applicant be recovered from the owners of land and improvements, within the mountain resort business improvement area, used during the year to operate a business that falls within a class of business specified in the bylaw.
(4) For the purpose of a requirement under subsection (3) (e), the council may impose on land, improvements or both within the business improvement area any or all of the following:
(a) a tax based on the assessed value of the land, improvements or both;
(b) a parcel tax;
(c) a tax based on any factor set out in the bylaw;
(d) other fees and charges provided in this Act.
(5) A bylaw imposing a tax under subsection (4) may establish different rates for different classes of business, as specified in the bylaw.
(6) If a council enacts a bylaw under subsection (3), it must set conditions and limitations on the receipt and expenditure of money granted under subsection (2) and, without restricting this, the bylaw must require the applicant to
(a) submit each year a budget for approval by the council,
(b) account for the money granted to it under subsection (2) in the form and manner specified in the bylaw, and
(c) take out and maintain insurance of the type and amount specified in the bylaw.
(7) Sections 646 (7) (b) and (c) [requirement for petition or council initiative] and 648 (2) [costs of services for specified areas] apply to a bylaw under this section and, for these purposes, a mountain resort business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service.
(8) Section 649 [enlargement or reduction of specified area] and section 650 [merging of specified areas] apply in respect of a mountain resort business improvement area as if it were a specified area.
(9) Subject to this section, Part 10.1 [Taxes, Fees and Charges] applies in respect of taxes, fees and charges imposed under subsection (4).
(10) A bylaw designating a mountain resort business improvement area ceases to have effect on the earlier of
(a) 20 years from the date the bylaw comes into force, and
(b) a date specified in the bylaw.
652 In this Part, "business" means
(a) carrying on a commercial or industrial undertaking of any kind, or
(b) providing professional, personal or other services for the purpose of gain or profit,
but does not include an activity carried on by the Provincial government, by corporations owned by the Provincial government, by agencies of the Provincial government or by the Greater Vancouver Transportation Authority or any of its subsidiaries.
653 (1) A council may, by bylaw, regulate businesses, business activities and persons engaged in business.
(2) A bylaw under this section may
(a) establish different classes of businesses, business activities and persons engaged in business, and
(b) make different provisions for different classes and different areas of the municipality.
654 Subject to the Holiday Shopping Regulation Act or a bylaw or order under that Act, a bylaw under section 653 [authority to regulate business] may restrict the hours of operation of businesses or business activities.
655 As a limitation on sections 653 [authority to regulate business] and 658 [authority to require business licences], a municipality may not, under this Part, regulate, prohibit or require business licences for the business of renting 2 or fewer rooms, or 2 or fewer suites, in a dwelling unit if
(a) the dwelling unit is occupied by the owner of the dwelling unit,
(b) the dwelling unit remains as a single legal title, and
(c) the interval at which rent is payable on the suite or rooms is one month or longer.
656 A provision in a bylaw under section 653 [authority to regulate business] that requires an examination or certification of a person engaged in a trade or occupation does not apply to a person who has been granted a certificate or other evidence of competence for that trade or occupation under an Act of Canada or British Columbia.
657 (1) A council may, by bylaw, regulate carriers of persons or things to the extent to which they are not subject to regulation or order under another Act.
(2) Without limiting subsection (1) or section 653 [authority to regulate business], a bylaw under this section may do one or more of the following:
(a) establish the maximum and minimum charges that may be made by carriers, which may be different for different zones or areas of the municipality designated by bylaw;
(b) establish and alter routes to be taken by carriers;
(c) limit the number of vehicles with respect to which persons may be licensed in a class of carrier.
(3) A bylaw under this section may establish different classes of carriers and make different provisions for different classes.
658 (1) Subject to this Part, a council may, by bylaw, provide for a system of business licences, including one or more of the following:
(a) prohibiting a business from being carried on unless the owner or operator holds a valid licence under this Division;
(b) providing for the granting, refusal, suspension and cancellation of licences for businesses;
(c) providing for the duration periods of licences;
(d) providing that terms and conditions may be imposed on any licence, the nature of the terms and conditions and who may impose them;
(e) setting out the conditions that must be met before a licence is granted, the nature of the conditions and who may impose them.
(2) A bylaw under this section may
(a) establish different classes of businesses,
(b) make different provisions for different classes and different areas of the municipality, and
(c) in relation to a provision under subsection (1) (c), provide that duration periods for different individual licences may be different based on the duration period of some other licence, permit, certificate or other authority that is required for the business or business activities to be carried on or for persons to engage in the business activities.
659 (1) An application for a business licence may be refused in any specific case, but
(a) the application must not be unreasonably refused, and
(b) the council or designated municipal officer must give reasons for the refusal.
(2) In the case of a refusal by a designated municipal officer, the officer must notify the applicant of the right to a reconsideration by council.
660 (1) A business licence may be suspended or cancelled for reasonable cause.
(2) Without limiting subsection (1), any of the following circumstances may constitute reasonable cause:
(a) the holder fails to comply with a term or condition of the licence;
(b) the holder is convicted of an offence indictable in Canada;
(c) the holder is convicted of an offence under an Act or municipal bylaw in respect of the business for which the holder is licensed or with respect to the premises named in the licence;
(d) the holder is deemed, under this Act or the Offence Act, to have pleaded guilty to an offence referred to in paragraph (c);
(e) the holder has ceased to comply with a bylaw or has otherwise ceased to meet the lawful requirements to carry on the business for which the holder is licensed or with respect to the premises named in the licence;
(f) in the opinion of the council, the holder has engaged in misconduct that warrants the suspension or cancellation of the licence, if the misconduct is
(i) in respect of the business,
(ii) in or with respect to the premises named in the licence, or
(iii) in respect of that business or another business, or in or with respect to the premises of that business or other business, carried on by the holder inside or outside the municipality.
(3) Before suspending or cancelling a business licence, the council must give the licence holder notice of the proposed action and an opportunity to be heard.
(4) A suspension under this section is for the period determined by the council, and the council may impose additional conditions on the licence that relate to the reasons for the suspension and apply after the period of suspension.
(5) Despite section 193 (1) [restriction on delegation of hearings], a bylaw under section 192 [delegation of council authority] may authorize a designated municipal officer to exercise the powers of the council under this section.
(6) In the case of a suspension or cancellation under subsection (5), the designated municipal officer must notify the holder of the right to a reconsideration by council.
(7) The obligations under subsections (2) and (6) are satisfied if a reasonable effort was made to mail or otherwise deliver the notices.
661 If a designated municipal officer exercises a delegated authority to grant, refuse, suspend or cancel business licences, the applicant or licence holder who is subject to the decision is entitled to have the council reconsider the matter.
662 (1) Two or more municipalities may, by bylaw adopted by the councils of each of the participating municipalities, establish an intermunicipal business licence scheme.
(2) An intermunicipal business licence scheme may provide that one or more of the municipalities may exercise its authority under this Part in another municipality participating in the scheme.
663 A person who carries on a business for which a business licence is required, without holding a valid business licence for the business, commits an offence and is liable to the penalties provided in section 4 of the Offence Act.
664 For the purposes of this Division:
"commercial vehicle" means a vehicle used by a person on a highway in a participating municipality, if the vehicle is
(a) a commercial vehicle as defined by and licensed under the Commercial Transport Act, or
(b) a vehicle not licensed as referred to in paragraph (a), but used for the collection or delivery, or both, of merchandise or another commodity in the ordinary course of a business;
"licence plate" includes licence decal;
"licence year" means the period from March 1 to the last day of February of the following year;
"municipality" includes the City of Vancouver;
"participating municipality" means a municipality in which a bylaw is in force declaring that this Division applies in that municipality.
665 Subject to the Motor Carrier Act and despite any other Act relating to a municipality, this Division applies to all municipalities.
666 (1) A council may, by bylaw, declare that this Division applies to the municipality, and in that case it applies in the municipality from and after the start of the licence year that begins at least 3 months after the adoption of the bylaw.
(2) A bylaw under subsection (1) must make provision not inconsistent with this Division for the following:
(a) the imposition and collection of licence fees;
(b) the issue of licences and licence plates;
(c) the transfer of licences and licence plates, and transfer fees.
(3) A bylaw under subsection (1) may be repealed or amended at any time, but a repeal does not take effect until the end of the licence year in which the repealing bylaw is adopted.
(4) A municipality that is not a participating municipality may not impose a licence fee under this Division or issue a class of licence under this Division.
667 The following commercial vehicles are exempt from this Division:
(a) a commercial vehicle licensed as a farm vehicle under the Commercial Transport Act, except when used for the collection or delivery, or both, of merchandise or another commodity not required in the ordinary course of the farm undertaking of the owner of the vehicle;
(b) a commercial vehicle owned and operated by an improvement district;
(c) a commercial vehicle not requiring a licence fee under section 3 (8) of the Motor Vehicle Act;
(d) a commercial vehicle licensed under the Commercial Transport Act that is not being used by a person for the purpose of the person's business or by an organization for profit;
(e) a commercial vehicle licensed under the Commercial Transport Act that is owned by a farmer and used only to transport the produce of the farmer's farm to market and to transport supplies required for the farmer's farm;
(f) a commercial vehicle owned by the Provincial government.
668 Unless exempted under section 667 [exemptions from licensing requirements], a commercial vehicle must not be operated on a highway in a participating municipality unless there is displayed on the vehicle a valid and subsisting licence plate issued in accordance with this Division for the vehicle.
669 (1) On application for a licence under this Division for a commercial vehicle and payment of the licence fee, a licence plate must be issued for the vehicle.
(2) On application for a licence under this Division for a commercial vehicle operated under an agreement under section 10 of the Commercial Transport Act and payment of the licence fee, a licence plate must be issued and is valid for display on any commercial vehicle operated under the agreement.
(3) Subject to the requirements of a bylaw under this Division, on payment of the prescribed fee together with any sum representing the difference in licence fee required for the transfer of a licence plate to a commercial vehicle of greater gross vehicle weight, a licence plate may be transferred
(a) from one person to another person for the same commercial vehicle, or
(b) from one commercial vehicle to another commercial vehicle for the same person.
(4) The Lieutenant Governor in Council may make regulations prescribing fees for the purposes of this section and, in relation to fees under subsections (1) and (2), may prescribe different fees for commercial vehicles of different gross vehicle weight.
(5) For the purposes of section 671 [fees to be paid to UBCM], an amount paid under subsection (3) in addition to the prescribed fee is deemed to be a licence fee.
670 (1) A licence issued under this Division by a municipality is valid in every municipality for the current licence year.
(2) A licence issued during January and February must be issued for the following licence year and is a valid and subsisting licence from the date of issue until the end of the following licence year.
671 (1) After deducting any licence transfer fee under section 669 (3) and the prescribed administration fee, a municipality must pay the remainder of the fees it collects under this Division to the Union of British Columbia Municipalities.
(2) The Lieutenant Governor in Council may make regulations prescribing administration fees for the purposes of subsection (1).
(3) Money received by the Union of British Columbia Municipalities under subsection (1) must be placed in a separate licence fee account, and the money may be paid out of the account for any of the following:
(a) licence plate production expenses;
(b) the expenses of conducting the audit under subsection (4);
(c) other related expenses;
(d) payments to participating municipalities.
(4) The licence fee account must be audited at the times and in the manner directed by the minister.
672 (1) The owner or operator of a commercial vehicle, other than a vehicle exempted under section 667 [exemptions from licensing requirements], who operates or uses or causes the vehicle to be operated or used on a highway in a participating municipality without holding and displaying a valid and subsisting licence plate for the vehicle is liable on conviction to a fine not exceeding $50.
(2) A person who displays or causes to be displayed a licence plate on a commercial vehicle not authorized to have it displayed on the vehicle is liable on conviction to a fine not exceeding $200 and the confiscation of the licence plate.
(3) A fine imposed under this section does not remove any liability for a prescribed licence fee under this Division.
673 to 679 [Repealed 1999-37-149.]
680 Subject to section 679 but without limiting that section, a council may, by bylaw, do one or more of the following:
(a) prohibit the operation of a public show, exhibition, carnival or performance of any particular kind or in any particular location, or both;
(b) prohibit for all or defined parts of the municipality the operation of a public poolroom, billiard hall, cabaret, skating rink, bowling alley, dance hall or other place of amusement, including halls and other buildings where public dances are held;
(c) require that all bread sold or intended to be sold or offered for sale in the municipality
(i) be of a weight specified in the bylaw,
(ii) be distinctly labelled with its weight, the name and address of its baker or manufacturer and, in the case of an incorporated company, with the name of its manager, and
(iii) be wrapped,
except that this paragraph does not apply to bread sold in premises owned by the bakery that baked the bread;
(d) subject to the Milk Industry Act,
(i) regulate the delivery of milk and milk products to consumers by means of vehicles, and
(ii) establish the hours for delivery in various months of the year and prohibit delivery at other times;
(e) provide for the seizure and forfeiture of bread and other things intended for human consumption when of light weight or short measurement or made contrary to a bylaw;
(f) in relation to premises in which rooms or suites are let for lodging or living purposes,
(i) require operators of the premises to maintain a register of persons living there,
(ii) regulate the mode of registration, and
(iii) require that the register be produced at the request of an employee of the municipality authorized by the council,
except that this paragraph does not apply to the operator of premises having not more than 2 rooms available for letting;
(g) require all licensed persons purchasing, taking in barter or receiving used or second hand goods
(i) to notify the chief constable having jurisdiction in the municipality within 24 hours after purchasing, taking or receiving them, and
(ii) not to alter the form of, or to sell, exchange or otherwise dispose of, those goods within 72 hours after the hour of purchasing, taking or receiving them;
(h) regulate all vehicles, vessels or other things in which anything is exposed for sale or marketed in a street or public place;
(i) in relation to millwood, sawdust, earth, sand and gravel,
(i) regulate their delivery,
(ii) prohibit their delivery within the municipality except in accordance with the bylaw, which may be different for different commodities, for inspection, measurement, marking, numbering, covering and approval of the vehicle or container in which delivery is made, and the display on a vehicle of its cubic or other capacity and the name of the owner, and
(iii) provide for the appointment of officials to inspect and carry out other duties under the bylaw in relation to the vehicles or containers;
(j) regulate and require compulsory measurement or weighing of butter, potatoes, milk, cordwood, firewood, coal and other articles of food and fuel sold or exposed for sale.
681 and 682 [Repealed 1999-37-149.]
683 [Repealed 1999-25-124.]
684 to 691 [Repealed 1999-37-149.]
692 (1) The minister may make regulations as follows:
(a) establishing a Provincial building code for British Columbia governing standards for the construction and demolition of buildings;
(b) amending, adding to or varying for the purpose of this section the building code established under this section;
(c) adopting by reference, with the changes the minister considers necessary, all or part of any building code or standards for the construction or demolition of buildings;
(d) regulating building generally for matters not included in the building code;
(e) exempting certain persons, buildings, classes of buildings, materials or areas either generally or for certain periods of time from the building code or regulations, and making other regulations for the persons, buildings, classes of buildings, materials or areas exempted;
(f) providing for the administration of the building code and other regulations under this section.
(2) The building code and other regulations under subsection (1) apply to all municipalities and to regional districts or parts of them not inside a municipality, and has the same force and effect as a validly enacted bylaw of the municipality.
(3) A provision of a municipal bylaw that purports to deal with matters regulated under this section, and that is inconsistent with the code or other regulations, is of no force and effect and is deemed to be repealed.
693 (1) The Building Code Appeal Board is continued, consisting of one or more members appointed by the minister.
(2) Each member appointed to the appeal board is to hold office for a term of 3 years or until the member's successor is appointed.
(3) A person may be reappointed for a further term or terms.
(4) A majority of the appeal board is a quorum.
(5) The minister must designate one of the members as chair, and the chair may appoint one of the members as an acting chair to preside in the chair's absence.
(6) If a dispute arises on the interpretation or application of the codes referred to in section 692, a party to the dispute may refer the question to the appeal board for determination.
(7) The appeal board must determine any question of interpretation or application of the codes referred to in section 692.
(8) The decision of the appeal board is final and binding.
694 (1) Subject to the Health Act, the Fire Services Act and the regulations under these Acts, a council may, for the health, safety and protection of persons and property, by bylaw, do one or more of the following:
(a) regulate the construction, alteration, repair or demolition of buildings and structures;
(b) regulate the installation, alteration or repair of plumbing including septic tanks and sewer connections, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind;
(c) require contractors, owners or other persons to obtain and hold a valid permit from the council, or the authorized official, before starting and during the construction, installation, repair or alteration of gas or oil pipes and fittings, plumbing, heating, sewers, septic tanks, drains, electrical wiring, oil burners, tanks, pumps and similar works and buildings and structures of the kind, description or value described in the bylaw;
(d) require that, before occupancy of a building or part of it after construction, wrecking or alteration, or a change in class of occupancy of a building or part of it, an occupancy permit be obtained from the council or the authorized official;
(e) prescribe conditions generally governing the issue and validity of permits, inspection of works, buildings and structures;
(f) establish areas to be known as fire limits and, for those areas,
(i) regulate the construction of buildings in respect of precautions against fire, and
(ii) discriminate and differentiate between areas in the character of the buildings permitted;
(g) regulate the seating arrangements and capacity of churches, theatres, halls and other places of public amusement or resort;
(h) regulate or prohibit the moving of a building from one property to another in the municipality;
(i) require the fencing of private swimming pools or other pools, existing or prospective, according to specifications set out in the bylaw;
(j) regulate the construction and layout of trailer courts, manufactured home parks and camping grounds and require that those courts, parks and grounds provide facilities specified in the bylaw;
(k) provide that a trailer or manufactured home must not be occupied as a residence or an office unless its construction and facilities meet the standards specified in the bylaw;
(l) require the installation of smoke alarms in existing buildings and structures and, in relation to this, establish standards and specifications for required smoke alarms and their installation, to the extent that the requirements of the bylaw do not exceed those established by the building regulations under section 692;
(m) require the maintenance of smoke alarms installed as required by regulation under section 692 or by bylaw under paragraph (l) and, in relation to this, establish standards for their maintenance;
(n) require the maintenance of "residential premises" and "residential property", as defined in the Residential Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the building code for British Columbia established by the minister under section 692.
(2) If requested by an applicant, the building inspector must give written reasons for his or her refusal to issue a building permit.
(3) An occupancy permit under subsection (1) (d) may be withheld until the building or part of it complies with the health and safety requirements of the bylaws or of any statute.
(4) and (5) [Repealed 1999-37-150.]
694.1 (1) A council or an official authorized by the council may, as a condition of issuing a permit or authorizing the moving of a building under section 694, require a person to provide security by, at the person's option, an irrevocable letter of credit or the deposit of securities in a form satisfactory to the local government, in an amount stated in the permit or authorization.
(2) Interest on security under subsection (1) becomes part of the security.
(3) Security under this section may only be used by the municipality to repair or replace
(a) a highway, including sidewalks and boulevards,
(b) a public work, or
(c) other municipal property
that has been altered or damaged by an activity related to the subject matter of the permit or authorization.
(4) Any amount of security under this section that is not required for a purpose referred to in subsection (3) must be returned to the person who provided the security.
695 A council may, by bylaw, do one or both of the following:
(a) require applicants for building permits, in circumstances as specified in the bylaw that relate to
(i) site conditions,
(ii) the size or complexity of developments, or
(iii) aspects of developments,
to provide the municipality with a certification by a professional engineer or architect that the plans submitted with the application for the permit, or specified aspects of those plans, comply with the then current Provincial building code and other applicable enactments respecting safety;
(b) authorize building inspectors for the municipality to require applicants for building permits to provide the municipality with a certification referred to in paragraph (a) if a building inspector considers that this is warranted by
(i) the site conditions,
(ii) the size or complexity of the development, or
(iii) an aspect of the development to which the permit relates.
696 (1) Subject to the Fire Services Act and the regulations under that Act, a council may, by bylaw, compel the provision of and regulate the location, number, style and size of doors and emergency exits in churches, theatres, halls or other places of public resort or amusement, and the posting in them of notices of the emergency exits.
(2) A bylaw under subsection (1) must provide that
(a) all doors in churches, theatres, halls and other places of public resort or amusement must be hinged so that they may open freely outwards, and
(b) all gates or outer fences if not hinged as referred to in paragraph (a), must be kept open by proper fastenings during the time the buildings are publicly used to facilitate the exit of people in case of alarm from fire or other cause.
(3) Congregations having corporate powers, trustees holding churches or buildings used for churches, and incumbents and church wardens holding or using churches or buildings used for churches, are severally liable for the acts and omissions of any society or congregation on the matters referred to in subsections (1) and (2).
(4) A person owning or possessing a church, theatre, hall, school or other building used for public meetings, or as a place of public resort or amusement, who contravenes this section or a bylaw adopted under it is liable on conviction to a penalty not greater than $50.
(5) A convicted person is liable on conviction to a further penalty of $5 for every further week during which the violation continues.
(6) A penalty under subsection (4) or (5) is a charge on the real property of the person convicted, and may be imposed, collected and recovered in the manner provided for taxes.
697 (1) To the extent not inconsistent with this Act, either in place of or supplementary to regulations made under this Division, a council may, by bylaw, adopt one or more of the following as regulations:
(a) subject to the Electrical Energy Inspection Act, all or part of the Canadian Electrical Code;
(b) subject to the Gas Safety Act, all or part of the standards of the Canadian Gas Association;
(c) subject to the Fire Services Act, all or part of the National Fire Code of Canada.
(2) A code, standard or part referred to in subsection (1) may be adopted by reference to a particular date of issue or a specified issue of the code or standard.
698 (1) A council may, by bylaw, authorize
(a) the demolition, removal or bringing up to a standard specified in the bylaw of a building, structure or thing, in whole or in part, that contravenes a bylaw or that the council believes is in an unsafe condition, or
(b) the filling in, covering over or alteration in whole or in part of an excavation that contravenes a bylaw or that the council believes is in an unsafe condition.
(2) At least 30 days before the contemplated action is taken under the bylaw, the council must give written notice of this to the owner, tenant or occupier of the real property affected by the bylaw, either by serving the notice or by sending it by registered mail.
(3) On application, the Supreme Court may order that the notice under subsection (2) may be served by substituted service in accordance with the order.
(4) An appeal lies to the Supreme Court against the contemplated action.
(5) Notice of an appeal must be given to the municipality within 10 days from the date of the notice to the owner, tenant or occupier.
(6) The Supreme Court must hear and finally determine the matter, making the order it believes proper.
(7) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
699 (1) For the purposes of this section, "construction" means
(a) the new construction of a building or structure, or
(b) the structural alteration of or addition to an existing building or structure,
but does not include the repair of an existing building or structure.
(2) If a building inspector considers that construction would be on land that is subject to or is likely to be subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip, rockfalls, subsidence or avalanche, the building inspector may require the owner of land to provide the building inspector with a report certified by a professional engineer with experience in geotechnical engineering that the land may be used safely for the use intended.
(3) As an exception, subsection (2) does not apply if there are no bylaws under section 694 (1) (a) in effect.
(4) If a professional engineer with experience in geotechnical engineering determines that land may not be used safely for the use intended, a building inspector must refuse to issue a building permit.
(5) A building inspector may issue a building permit in accordance with subsection (6) if a professional engineer with experience in geotechnical engineering determines and certifies that the land may be used safely for the use intended, subject to conditions contained in the engineer's report with respect to
(a) the siting, structural design and maintenance of buildings, structures or works,
(b) the maintenance or planting of vegetation,
(c) the placement and maintenance of land fill, or
(d) other conditions respecting the safe use of the land, buildings, structures or works.
(6) A building permit under subsection (5) must be issued on the condition that
(a) the owner of the land covenants with the municipality or regional district to use the land only in the manner determined and certified by the engineer as enabling the safe use of the land for the use intended,
(b) the covenant contains conditions respecting reimbursement by the covenantor for any expenses that may be incurred by the covenantee as a result of a breach of a covenant under paragraph (a), and
(c) the covenant be registered under section 219 of the Land Title Act.
(7) On application of an owner, a council or board may, by resolution, direct its building inspector to issue a building permit but subject to the condition that a covenant referred to in subsection (6) be entered into and registered.
700 (1) In addition to any other action that a building inspector is authorized or permitted to take, a building inspector may recommend to the council that it consider a resolution under subsection (3) if, during the course of carrying out duties, the building inspector
(a) observes a condition, with respect to land or a building or structure, that the inspector considers
(i) results from the contravention of, or is in contravention of, a bylaw or regulation under this Part or under any other enactment relating to the construction or safety of buildings or structures, and
(ii) as a result of that condition, a building or structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or
(b) discovers that
(i) something was done with respect to a building or structure or the construction of a building or structure that required a permit or an inspection under a bylaw, regulation or enactment referred to in paragraph (a) (i), and
(ii) the permit was not obtained or the inspection not satisfactorily completed.
(2) A recommendation under subsection (1) must be given in writing to the designated municipal officer, who must
(a) notify the registered owner of the land to which the recommendation relates, and
(b) after notice under paragraph (a), place the matter before the council.
(3) After hearing the building inspector and the owner, the council may confirm the recommendations of the building inspector and pass a resolution directing the designated municipal officer to file a notice in the land title office stating that
(a) a resolution relating to that land has been made under this section, and
(b) further information about it may be inspected at the municipal hall.
(4) The designated municipal officer must ensure that all records are available for the purpose of subsection (3) (b).
(5) If the registrar of land titles receives a notice under subsection (3) and payment of the prescribed fee, the registrar must make a note of the filing against the title to the land that is affected by the notice.
(6) The note of a filing of a notice under this section is extinguished when a new title to the land issues in consequence of the deposit of a plan of subdivision or a strata plan.
(7) In the event of any omission, mistake or misfeasance by the registrar or an employee of the registrar in relation to the making of a note of the filing under subsection (5) after the notice is received by the land title office,
(a) the registrar is not liable nor is the Provincial government liable vicariously, and
(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.
(8) Neither the building inspector nor the municipality is liable for damage of any kind for the doing of anything, or the failure to do anything, under this section or section 701 that would have, but for this subsection, constituted a breach of duty to any person.
(9) [Repealed 2000-7-63.]
701 (1) On receiving a report from a building inspector that the condition that gave rise to the filing of the notice under section 700 (3) has been rectified, the designated municipal officer must file a cancellation notice and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.
(2) An owner of land with respect to which a notice has been filed under section 700 (3), may apply to the council for a resolution that the note be cancelled.
(3) After hearing an applicant under subsection (2), the council may pass a resolution directing the designated municipal officer to file a cancellation notice.
(4) If a resolution has been passed under subsection (3), the designated municipal officer must file a cancellation notice in the land title office and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.
(5) If the council does not pass a resolution under subsection (3), the owner may apply to the Supreme Court and notify the municipality to attend before the court to show cause why the note should not be cancelled.
(6) On an application under subsection (4), after reviewing any evidence that the owner and the municipality may adduce, the court may make an order directing the registrar to cancel the note made under section 700 (3) and, on receiving the order, the registrar of land titles must cancel the note accordingly.
702 [Repealed 1997-25-127.]
703 (1) A council may, by bylaw, do one or more of the following:
(a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine, rabbits or other animals and define areas in which they may be kept or may not be kept;
(b) regulate or prohibit the keeping of poultry, pigeons, doves or other birds and define areas in which they may be kept or may not be kept;
(c) regulate or prohibit the moving and keeping of bees and define areas in which they may be kept or may not be kept;
(d) regulate or prohibit kennels or other places for the keeping, training, care, breeding, treatment, hospitalization or boarding of dogs, cats, fur bearing animals or other animals, whether domesticated or undomesticated and, in relation to this,
(i) define areas in which those places are permitted or are not permitted, and
(ii) define for different species of animals what constitutes a kennel and what is deemed a fur bearing animal;
(e) in relation to cattle within the meaning of subsection (3), regulate or prohibit
(i) the running of cattle on a highway or public place,
(ii) the straying of or trespassing by cattle on a highway or public place or private property, and
(iii) the grazing of cattle on unfenced land, unless they are securely tethered;
(f) in relation to cattle within the meaning of subsection (3) that are subject to a bylaw under paragraph (e), provide for the impounding of those cattle;
(g) regulate or prohibit the running of poultry or rabbits on a highway or public place, or the straying of or trespassing by poultry or rabbits on a highway or public place or private property, and the grazing of poultry or rabbits on unfenced land, and provide for the impounding of the poultry or rabbits.
(2) A bylaw under subsection (1) may be applicable to all or any defined area of the municipality and the regulations may be different for different areas.
(3) For the purpose of subsection (1) (e) and (f), "cattle" includes any horse, mule, swine, sheep, goat, cow or other animal of the bovine species.
704 A council may, by bylaw, do one or more of the following:
(a) require owners or occupiers of buildings to prevent pigeons or other birds from perching, roosting or nesting on the buildings, and regulate the feeding of pigeons or other birds by persons other than their owners;
(b) offer bounties for the destruction of beasts and birds of a noxious or destructive character;
(c) regulate the sale of animals, and the driving of animals through the municipality;
(d) prohibit cruelty to animals, and provide for the destruction of any animal suffering from an incurable disease;
(e) require that the owner, possessor or harbourer of a dog, or any class of dog, must keep it, as the bylaw directs,
(i) effectively muzzled while at large or on a highway or public place, or
(ii) on leash or under control of a competent person while on a highway or public place.
705 (1) Without limiting section 703 [keeping of animals], a council may, by bylaw, regulate the keeping of dogs by requiring persons who own, possess or harbour a dog to hold a licence for the dog.
(2) A bylaw under subsection (1) may
(a) require a separate dog licence for each dog, and
(b) vary the amount of the fee according to the sex, age, size or breed of the dog.
(3) A licence issued under this section is for the calendar year in which the licence is issued.
706 (1) The council of a municipality that imposes a fee to issue a licence for a dog may, by bylaw,
(a) provide for the payment of compensation, on a scale set out in the bylaw, to the owner of any domestic animal defined in the Livestock Protection Act that is killed or injured by a dog over the age of 4 months, the owner of which is unknown, and, after diligent inquiry cannot be found, and
(b) provide for the maximum sum that is available in any one year for the purposes of compensation under this section.
(2) The scale of compensation under subsection (1) (a) must not be less than that provided in rural areas by regulations under the Livestock Protection Act.
707 (1) A council may, by bylaw, do one or more of the following:
(a) provide for the seizure, impounding and detention of unlicensed dogs, and of dogs, horses, cattle, poultry, rabbits and other animals unlawfully at large;
(b) establish, maintain and operate facilities as pounds;
(c) regulate and establish the fines and fees, including damages for trespassing on private property, to be levied and collected by pound keepers;
(d) provide for the sale or destruction of animals and birds impounded if the fines, fees and other charges are not paid within a reasonable time.
(2) Pounds may be established under subsection (1) (b) outside the municipality but, before adopting the applicable bylaw, the council must obtain the consent of the other affected local government as follows:
(a) if the area outside the municipality is another municipality, the consent of the council of that other municipality is required;
(b) if the area outside the municipality is not another municipality, the consent of the regional district board for the area is required.
(3) The powers under subsection (1) may be exercised jointly with an improvement district or with the Minister of Agriculture, Fisheries and Food, or both.
(4) If subsection (3) applies, the Livestock Protection Act operates only in so far as it does not conflict with this Act or a bylaw adopted under this Act.
707.1 (1) In this section:
"animal control officer" means
(a) a municipal employee, officer or agent designated by the council as an animal control officer for the purposes of this section, or
(b) a peace officer;
"companion animal" means an animal kept as a pet or as a guide animal;
"dangerous dog" means a dog that
(a) has killed or seriously injured a person,
(b) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person, or
(c) while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, has killed or seriously injured a companion animal or a domestic animal;
"domestic animal" means a domestic animal as defined in the Livestock Protection Act;
"seize" includes impound and detain.
(2) In addition to the authority under section 707 (1) (a) but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the dog is a dangerous dog.
(3) Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (c) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of
(a) attempting to prevent a person from committing an unlawful act, or
(b) performing law enforcement work.
(4) An animal control officer may enter a place to exercise the power under subsection (2),
(a) in any case, with the consent of the owner or occupier of the place,
(b) in any case, in accordance with a warrant under subsection (5) or (6), or
(c) if the circumstances referred to in subsection (7) apply, in accordance with that subsection.
(5) If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that
(a) there is in a place a dog, and
(b) the dog is a dangerous dog,
a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.
(6) If
(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and
(b) the officer believes on reasonable grounds that the circumstances referred to in subsection (5) (a) and (b) apply,
the officer may apply for a warrant in accordance with section 22 [telewarrants] of the Offence Act.
(7) Subject to subsection (8), an animal control officer may, without a warrant, enter and search any place except a dwelling house and seize a dog, if the officer believes on reasonable grounds that
(a) the dog is a dangerous dog,
(b) the dog presents an imminent danger to the public, and
(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.
(8) For the purposes of subsection (7), an animal control officer who is not a police officer must be accompanied by a police officer.
(9) In addition to the authority under section 8 of the Livestock Protection Act, in relation to a dog that the animal control officer has reasonable grounds to believe is a dangerous dog, the animal control officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.
(10) A dog that has been seized under this section may not be impounded for more than 21 days unless proceedings under subsection (9) of this section or section 8 of the Livestock Protection Act are commenced within that time.
708 (1) A council may, by bylaw applicable to all or part of the municipality, do one or more of the following:
(a) prohibit the cutting and removal of trees;
(b) regulate the cutting and removal of trees;
(c) prohibit the damaging of trees;
(d) regulate activities that may damage trees;
(e) require the replacement, in accordance with the bylaw, of trees that have been cut, removed or damaged in contravention of a bylaw under this subsection or a permit referred to in section 709 (1);
(f) require the maintenance of replacement trees required under paragraph (e) or by permit referred to in section 709 and of significant trees identified under section 710;
(g) require specified amounts of cash deposits, letters of credit or other forms of security for the replacement of trees under paragraph (e) and their maintenance under paragraph (f);
(h) specify circumstances in which assessments or inspections of trees or sites may be undertaken by the municipality;
(i) establish exemptions from the application of a bylaw under this subsection.
(2) A bylaw under this section may be different in relation to one or more of the following:
(a) different areas of the municipality;
(b) different species of trees;
(c) different classes of trees;
(d) different sizes of trees;
(e) different significant trees identified under section 710.
(3) Interest on security under subsection (1) (g) becomes part of the security.
(4) Security under subsection (1) (g) may be used for the purposes referred to in that subsection, but any amount not required for those purposes must be returned to the person who provided the security.
709 (1) Without limiting the generality of section 708 (1) (b), a bylaw under that section may do one or more of the following:
(a) require permits to cut or remove trees;
(b) [Repealed 1999-37-153.]
(c) establish terms and conditions for the granting, refusal and use of these permits, which may include requirements for the replacement of trees that are cut or removed or that are damaged in the course of these actions;
(d) require applicants for these permits to provide plans identifying
(i) the trees proposed to be cut or removed,
(ii) the trees proposed to be retained, and
(iii) the trees proposed to be provided in replacement of the trees that are to be cut or removed;
(e) establish circumstances in which a permit under this section may be cancelled.
(2) A fee for a permit under subsection (1) must not include charges for an assessment or inspection required as a condition of the permit or authorized under section 708 (1) (h) or 713 (1).
710 (1) A council may, by bylaw, identify trees that the council considers significant because of their importance to the community, including importance for heritage or landmark value or as wildlife habitat.
(2) The council may provide for the placement of a plaque or other marker indicating a tree identified under subsection (1), subject to the requirement that permission for this be obtained from the owner of the real property on which the marker is placed.
711 (1) A council may, by bylaw, require the owner or occupier of real property to trim, remove or cut down a tree, hedge, bush or shrub on the property if the council considers that it is
(a) a hazard to the safety of persons,
(b) likely to damage public property, or
(c) seriously inconveniencing the public.
(2) A bylaw under section 708 (1) (a) or (b) does not apply to a tree that is subject to a bylaw under this section.
712 (1) A council may take action under this section if a person does not comply
(a) with a requirement of a bylaw under section 708 (1) (e) or a permit referred to in section 709 (1) to provide replacement trees, or
(b) with a requirement of a bylaw under section 711 to trim, remove or cut down trees, hedges, bushes or shrubs.
(2) In the circumstances described in subsection (1), the council may serve the person with notice that the municipality will be entitled to take the required action at the expense of the person given the notice if the person does not take that required action,
(a) in the case of a requirement referred to in subsection (1) (a), within 30 days of service, or
(b) in the case of a requirement referred to in subsection (1) (b), within 5 days of service.
(3) The Supreme Court may, on application, order that the notice under subsection (2) may be served by substituted service in accordance with the order.
(4) If the person given notice does not take the required action within the time period referred to in subsection (2), the municipality, by its employees or others, may enter the real property and effect that action at the expense of the person given notice.
(5) [Repealed 1999-37-154.]
713 (1) In addition to the authority under section 708 (1) (h), a council may direct that an assessment or inspection of specified trees or sites be undertaken by the municipality for the purposes of this Division.
(2) The municipality, by its employees or others, may enter onto real property and make an assessment or inspection authorized under subsection (1) or section 708 (1) (h) or required as a condition of a permit referred to in section 709 (1).
714 (1) If a bylaw under section 708 would have the effect on a parcel of land of
(a) preventing all uses permitted under the applicable zoning bylaw, or
(b) preventing the development to the density permitted under the applicable zoning bylaw,
the bylaw does not apply to the parcel to the extent necessary to allow a permitted use or the permitted density.
(2) As an exception to subsection (1), a bylaw that has an effect referred to in that subsection applies without limit to a parcel if the council, by resolution, commits the municipality to
(a) pay compensation to the owner of the parcel for any reduction in the market value caused by the prohibition, or
(b) provide, by development permit, development variance permit or otherwise, alternative means for the parcel to be used for a permitted use or developed to the permitted density.
(3) For the purposes of subsection (2) (a), the compensation must be as determined and paid as soon as reasonably possible in an amount set
(a) by agreement between the owner and the municipality, or
(b) if no agreement is reached, by the Expropriation Compensation Board.
(4) For the purposes of subsection (2) (b), the council may issue a development permit or development variance permit on its own initiative without an application from the owner.
(5) Except as provided in subsection (2), no compensation is payable to any person for a reduction in the value of any interest in land that results from a bylaw under this Division or the issuance or refusal of a permit under this Division.
(6) A bylaw or permit under this Division does not apply to land and the trees on it if the land is land to which section17 of the Forest Land Reserve Act applies.
715 If a council delegates powers, duties or functions under this Division, the owner or occupier of real property that is subject to a decision of a delegate is entitled to have the council reconsider the matter.
716 (1) Subject to the Cemetery and Funeral Services Act, a council may, by bylaw, do one or more of the following:
(a) lay out, regulate and manage cemeteries, including the construction of crematoriums or columbariums;
(b) regulate the interment or other disposition of the dead;
(c) prohibit the violation of cemeteries and damage to vaults, monuments, gravestones or graves;
(d) [Repealed 1998-34-145.]
(e) establish the terms and conditions under which, and the fees for which, persons may acquire the right to make use of areas or plots in a municipal cemetery for the interment or other disposition of the dead;
(f) establish, set aside and maintain a maintenance fund for the upkeep and care of a cemetery and the burial plots in it and, in relation to this,
(i) determine what proportion of the fees for each burial plot must be paid into the maintenance fund, and
(ii) accept voluntary payments from a person having the right to use an area or plot or from other persons or municipalities interested.
(2) All money received by a municipality for a maintenance fund under subsection (1) (f) must be held and invested as trust funds to be devoted solely to the purposes for which they were received.
717 [Repealed 1999-37-155.]
718 (1) A council may, by bylaw,
(a) appoint, employ and pay night patrollers for the purpose of
(i) patrolling at night, or between certain hours of the night, an area in the municipality defined by the bylaw, and
(ii) guarding and protecting the property within the area, and
(b) levy by special rate on all the land and improvements within the limits defined by the bylaw, except vacant lots, for the expenses of or incidental to the employment of the night patrollers, in the same manner and at the same time as payment of the other rates or taxes in the municipality is enforced.
(2) A bylaw under subsection (1) must not be adopted except on petition for it signed by at least 2/3 of the owners who
(a) on its adoption would become liable to be charged with the expenses to be incurred under it, and
(b) represent in value at least 2/3 of the assessed real property liable to be charged with the expenses.
(3) A petition under subsection (2) must not be received and acted on by the council unless
(a) it is proved, by the affidavit of a reliable and competent witness, that
(i) all the signatures on it are the genuine signatures of the persons whose signatures they purport to be, and
(ii) its contents were made known to each person signing it before signature, or
(b) its sufficiency has been determined by the municipal officer assigned responsibility under section 198 [corporate administration] in the manner for a petition for a work of local improvement.
719 [Repealed 1998-34-148.]
720 (1) A council may, by bylaw, regulate bicycles by requiring persons who own a bicycle used on a highway to hold a licence for the bicycle.
(2) A licence issued under this section is for the calendar year in which the licence is issued.
721 (1) The Lieutenant Governor in Council may provide by regulation for the imposition of a charge on each parcel of land in an area to be rehabilitated under the Agricultural and Rural Development (BC) Act.
(2) A charge under subsection (1) must be imposed on the basis of area and must be a deferred diminishing charge collectable only under the regulation on sale of the land or at the end of a period of years, as set out in the regulations.
(3) A registrar of land titles must not accept for registration a document purporting to transfer or charge land in an area of a municipality or improvement district rehabilitated under the Public Works Agreement Act or the Agricultural and Rural Development (BC) Act without
(a) a certificate from the designated municipal officer or the improvement district secretary that charges under subsection (1) have been paid in full, or
(b) the written approval of the inspector.
(4) Subsections (1) to (3) do not apply to an agreement made by the Minister of Agriculture, Fisheries and Food with a corporation under section 5 of the Agricultural and Rural Development (BC) Act.
722 A council may, by bylaw, regulate or prohibit one or more of the following:
(a) the sale of wild flowers;
(b) sales by auction in a public market;
(c) boxing, wrestling, jujitsu and other professional athletic contests where an athletic commission has not been established.
722.1 (1) A council may, by bylaw, establish an athletic commission consisting of 3 members appointed annually.
(2) A council may, by bylaw, provide that an athletic commission is to have one or more of the following powers within the municipality:
(a) to regulate and supervise professional boxing, wrestling and like activities, contests and exhibitions;
(b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the commission's proper expenses, to require persons conducting events referred to in paragraph (a) to pay to the commission for each event the fee set by the council;
(c) to specify equipment to be used in and to establish rules for the conduct of professional boxing and wrestling and any other professional contests within the jurisdiction of the commission;
(d) to pass on and approve contracts for the contests or exhibitions as a condition of their being held;
(e) to issue permits to persons conducting professional athletic contests or exhibitions as a condition of their being held;
(f) to issue permits to boxers, wrestlers and other participants in professional athletic contests or exhibitions as a condition of their participating in them;
(g) before issuing any permit, to require the applicant to give the security the commission determines for the faithful performance of the applicant's obligations as specified by the commission;
(h) to prohibit a person from participating in or conducting a contest or exhibition, or from advertising them, unless the person has been granted a permit for the purpose;
(i) to investigate the conduct of participants in the contests or exhibitions or of persons conducting them, and particularly with respect to alleged breaches of the bylaw or rules made under it;
(j) in relation to breaches of the bylaw or rules made under it, to impose reasonable fines for misconduct, or to prohibit those participants or persons from taking part in contests or exhibitions in the municipality for reasonable periods;
(k) whether or not a penalty has been imposed, to restrain a person conducting a contest or exhibition or participating in it without the prescribed permit, by action in the Supreme Court brought by the commission in its name without the Provincial government being made a party to the action.
(3) A council may, by bylaw, provide that a decision of the commission under subsection (2) is subject to appeal to the council.
(4) Security under subsection (1) (g) may be enforced by and in the name of the commission for the benefit of all persons entitled to claim under it.
723 (1) In this section, "soil" includes sand, gravel, rock and other substances of which land is composed.
(2) A council may, by bylaw, regulate or prohibit
(a) the removal of soil from, and
(b) the deposit of soil or other material on
any land in the municipality or in any area of the municipality.
(3) A bylaw under subsection (2) may make different regulations and prohibitions for different areas.
(4) A provision in a bylaw under subsection (2) that prohibits the removal of soil has no effect until the provision is approved by the minister with the concurrence of the Minister of Energy, Mines and Petroleum Resources.
(4.1) A provision in a bylaw under subsection (2) that prohibits the deposit of soil or other material and that makes reference to quality of the soil or material or to contamination, has no effect until the provision is approved by the minister with the concurrence of the Minister of Environment, Lands and Parks.
(5) A council may, by bylaw, do one or more of the following:
(a) require the holding of a permit for
(i) the removal of soil from, or
(ii) the deposit of soil or other material on
any land in the municipality or in any area of the municipality;
(b) impose rates or levels of fees for a permit referred to in paragraph (a);
(c) impose rates or levels of fees for the activities referred to in paragraph (a).
(6) Fees under subsection (5) (b) or (c) may vary according to the quantity of soil removed or the quantity of soil or other material deposited, and the rates or levels of fees may be different for different areas of the municipality.
(7) A bylaw under subsection (5) (b) or (c) has no effect until it is approved by the minister.
724 (1) A council may, by bylaw, do one or more of the following:
(a) regulate or prohibit the making or causing of noises or sounds in or on a highway or elsewhere in the municipality
(i) that disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity, or
(ii) that the council believes are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;
(b) prevent or prohibit persons from shouting, using megaphones and making other noise in, at or on streets, wharves, docks, piers, steamboat landings, railway stations or other public places;
(c) prevent charivaries and similar disturbances of the peace.
(2) Regulations and prohibitions under subsection (1) (a) may be different for different areas of the municipality.
725 (1) A council may, by bylaw, do one or more of the following:
(a) prevent, abate and prohibit nuisances, and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance or other persons described in the bylaw;
(b) prohibit persons from
(i) causing or permitting water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises, or
(ii) depositing or throwing bottles, broken glass or other rubbish in any open place;
(c) for the purpose of preventing unsightliness on real property,
(i) prohibit persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place, and
(ii) prohibit the owners or occupiers of real property from allowing their property to become or remain unsightly;
(d) for the purpose of remedying unsightliness on real property, require the owners or occupiers of real property, or their agents, to remove from it unsightly accumulations of filth, discarded materials, rubbish or graffiti;
(e) require the owners or occupiers of real property, or their agents, to clear the property of brush, trees, noxious weeds or other growths;
(f) require the owners or occupiers of real property, or their agents, to prevent infestation by caterpillars and other noxious or destructive insects and to clear the property of such insects;
(g) in relation to the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia,
(i) require the owners or occupiers of real property, or their agents, to eliminate or reduce the fouling or contaminating of the atmosphere through those emissions,
(ii) prescribe measures and precautions to be taken for the purpose of subparagraph (i), and
(iii) establish limits not to be exceeded for those emissions;
(h) require manufacturers and processors to dispose of the waste from their plants in the manner directed by the bylaw;
(i) prohibit the posting, exhibiting or distributing of placards, play bills, posters, advertising, writings or pictures, or the writing of words, or the making of pictures or drawings that are indecent or may tend to corrupt or demoralize, on walls, fences or elsewhere, on or adjacent to a highway or public place;
(j) prevent vice, drunkenness, profane swearing or indecent, obscene, blasphemous or grossly insulting language or other immorality and indecency;
(k) regulate the bathing or washing of the person in any public waters in or near the municipality;
(l) regulate or prohibit mushroom growing;
(m) prohibit the carrying on of a noxious or offensive trade, business or manufacture.
(2) In relation to a requirement under subsection (1) (d), (e) or (f), the bylaw may provide that, if a person fails to comply with the requirement, the municipality, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the property and effect the compliance at the expense of the person who has failed to comply.
(3) A bylaw under subsection (1) (l) may be applicable throughout the municipality or any defined area of it and may make different regulations for different areas.
725.1 A council may, by bylaw, prohibit a person from
(a) polluting, or
(b) obstructing or impeding the flow of
a stream, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property.
726 (1) In relation to fire alarm systems and security alarm systems, a council may, by bylaw, do one or more of the following:
(a) require permits for the operation of these systems and establish fees for these permits;
(b) establish fees to be paid
(i) by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or
(ii) by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;
(c) provide that a fee under paragraph (b) (i), if unpaid, may be added to and form part of the taxes payable on the real property as taxes in arrear;
(d) exercise powers given by regulation under subsection (3);
(e) establish exemptions from the application of a bylaw under this section.
(2) A fee under subsection (1) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided.
(3) The Lieutenant Governor in Council may, by regulation,
(a) grant additional powers to municipalities, including the City of Vancouver, to enact bylaws establishing specified prohibitions, restrictions, requirements and conditions regarding
(i) fire alarm systems and security alarm systems, and
(ii) the installation, operation, maintenance and repair of these systems, and
(b) authorize specified variations of the provisions of bylaws under paragraph (a).
(4) As an exception, a bylaw under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed.
727 (1) A council may
(a) declare that a building, structure or erection of any kind, or a drain, ditch, watercourse, pond, surface water or other matter or thing, in or on private land or a highway, or in or about a building or structure, is a nuisance, and
(b) order that it be removed, pulled down, filled up or otherwise dealt with by its owner, agent, lessee or occupier, as the council may determine and within the time after service of the order that is stated in the order.
(2) The council must give notice of an order under subsection (1) to the following persons, either by serving the order or by sending the order by registered mail:
(a) the owner of the land where the nuisance exists;
(b) all other persons who are recorded in the land title office as having an interest in the land;
(c) the agent, if known, of the registered owner of the land;
(d) the lessee or occupier of the land.
(3) On application, the Supreme Court may order that service required by subsection (2) may be made by substituted service in accordance with the order.
(4) If the owner, agent, lessee or occupier fails to comply with an order within the time period established under subsection (1) (b), the municipality may, by its employees and others, enter on the property and undertake the work required to comply with the order at the expense of the person defaulting.
(5) If a nuisance declared under subsection (1) is a building, structure or erection,
(a) after the end of 60 days from the date of the mailing of the notice to the owner under subsection (2), and
(b) after the end of the period stated in the order,
the council may dispose of the building, structure or erection, or any part or material in it, by auction sale, by public or private tender, or otherwise.
(6) From the proceeds of a sale or other disposal under subsection (5), there must be deducted for municipal use the actual costs, including incidental expenses, incurred by the municipality in carrying out the order, and the remainder of the proceeds must be paid by the municipality to the owner or other person lawfully entitled.
(7) This section applies to any building, structure or erection of any kind that the council believes is so dilapidated or unclean as to be offensive to the community.
727.1 (1) Subject to the Health Act, a council may, by bylaw, require a person to remedy or remove an unsanitary condition for which the person is responsible, or which exists on property owned, occupied or controlled by the person.
(2) A bylaw under subsection (1) may provide that, if a person fails to comply with the requirement, the municipality, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the property and effect the compliance at the expense of the person who has failed to comply.
728 (1) A council may, by bylaw, do one or more of the following:
(a) regulate or prohibit the discharging of firearms, including air guns, air rifles, air pistols and spring guns;
(b) regulate or prohibit the use of bows as defined in the Wildlife Act;
(c) regulate or prohibit the use of any explosive agent for blasting, regulate persons engaged in blasting and require persons engaged in blasting to give security for damage to persons who, or whose property, may be injured by it;
(d) regulate or prohibit the exploding of firecrackers or other fireworks;
(e) subject to the Fireworks Act, regulate or prohibit the sale or disposal to any person of firecrackers and other fireworks of every nature or kind.
(2) A bylaw under subsection (1) (a) to (d) may be applicable throughout the municipality or any defined area of it and may make different regulations for different areas.
(3) Despite a bylaw under subsection (1) (d), a council may authorize the issuance of a permit to a person or organization for the purpose of the observance or celebration of a special event or festival by the use of firecrackers or other fireworks of any kind, and may specify terms and conditions.
729 In this Part:
"manufactured home" means a single family dwelling manufactured as a unit, or in units, intended to be occupied in a place other than that of its manufacture, and designed so that it may be drawn or moved from place to place;
"manufactured home park" means land used or occupied by a person to provide spaces for the accommodation of 2 or more manufactured homes and for imposing a charge or rental for the use of the space;
"owner" means an owner as defined in the Water Act.
730 [Repealed 2000-7-67.]
731 (1) The Lieutenant Governor in Council may, by letters patent, incorporate an area of land comprising 2 or more parcels, whether contiguous or not, and its owners into an improvement district, under a name and with objects that appear advisable and with powers considered necessary to carry out those objects.
(2) The letters patent for an improvement district
(a) may provide that some provisions of this Act or the Water Act do not apply to the improvement district and that other special provisions apply, and
(b) may divide the improvement district into zones, specify the number of trustees to be elected from each zone, provide for the election and method of election of trustees in any zone and provide for general meetings of landowners in each zone.
(3) If it appears to the Lieutenant Governor in Council that an improvement district will undertake the functions of an existing development district, another improvement district or a water users' community, the Lieutenant Governor in Council
(a) may transfer to the improvement district any asset, right, claim, charge or liability of the development district, other improvement district or water users' community, and dissolve the development district, other improvement district or water users' community, and
(b) specify that the bylaws of the dissolved development district, improvement district or water user's community continue in force in the area that was formerly inside its boundaries, until amended or repealed by the trustees of the improvement district that has undertaken its functions.
(4) The power of dissolution conferred by subsection (3) may be exercised despite any other statute, special or otherwise.
(5) In an order under subsection (3), the Lieutenant Governor in Council may specify deletions of and alterations in endorsements or entries made against any indefeasible or absolute title or other document deposited in a land title office or created under the Land Title Act or any statute repealed by that Act.
(6) Despite the Land Title Act or any other statute, a registrar of land titles must make the deletions and alterations specified as referred to in subsection (5).
732 (1) If
(a) the council of a municipality in which the area is located approves, or
(b) in the absence of a municipality, the board of the regional district in which the area is located approves,
the Lieutenant Governor in Council may, by letters patent, incorporate an area of land comprising 2 or more parcels, whether contiguous or not, and its owners into a mountain resort improvement district, under a name and with objects that appear advisable and with powers considered necessary to carry out those objects.
(2) The letters patent for a mountain improvement district
(a) may provide that some provisions of this Act or the Water Act do not apply to the mountain resort improvement district and that other specified provisions apply, and
(b) may divide a mountain resort improvement district into zones, specify the number of trustees to be elected from each zone, and provide for the election and method of election of trustees in any zone.
(3) Section 746 (1) (b), (c) and (d) does not apply to a mountain resort improvement district unless the letters patent provide otherwise.
(4) If it appears to the Lieutenant Governor in Council that a mountain resort improvement district will undertake the functions of an existing improvement district or a water users' community, the Lieutenant Governor in Council
(a) may transfer to the mountain resort improvement district any asset, right, claim, charge or liability of the other improvement district or water users' community, and dissolve the other improvement district or water users' community, and
(b) may specify that the bylaws of the dissolved improvement district or water users' community continue in force in the area that was formerly inside its boundaries until amended or repealed by the trustees of the mountain resort improvement district that has undertaken its functions.
(5) The power of dissolution conferred by subsection (4) may be exercised despite any other statute, special or otherwise.
(6) In an order under subsection (4), the Lieutenant Governor in Council may specify deletions of and alterations to endorsements or entries made against any indefeasible or absolute title or other document deposited in a land title office or created under the Land Title Act or any statute repealed by that Act.
(7) Despite the Land Title Act or any other statute, a registrar of land titles must make the deletions and alterations specified as referred to in subsection (6).
733 (1) On the establishment of a mountain resort improvement district under section 732, parcels in the mountain resort improvement district are subject to section 11 (2), without special endorsement on the indefeasible title.
(2) The registrar of land titles may, and on application of the improvement district must, make the following notation on every indefeasible title of resort land issued on or after the establishment of the improvement district:
"This land is located in a mountain resort improvement district and is subject to the letters patent for that improvement district."
(3) An application under subsection (2) must contain a description of the resort land that is sufficient for the registrar to identify it in the records of the land title office and must be in the form prescribed under the Land Title Act.
(4) In the event of any delay, omission, mistake or misfeasance by the registrar of land titles or his or her employees in relation to making a notation under subsection (2),
(a) the registrar of land titles is not liable nor is the Provincial government liable vicariously, and
(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.
734 (1) The Lieutenant Governor in Council may
(a) amend the letters patent of an improvement district in any respect, or
(b) recall the letters patent and issue others in their place.
(2) Unless expressly provided in the amending or new letters patent, the amendment, recall or reissue does not impair or prejudice the assets, rights, claims and financial obligations of the improvement district.
735 The Lieutenant Governor in Council may dissolve an improvement district and may make a disposition of its assets that appears equitable.
736 (1) The powers of an improvement district are to be exercised and its property is to be managed
(a) by trustees elected by the persons entitled to vote as provided in the letters patent, or
(b) if no provision is made for the election of trustees in the letters patent, by trustees elected by the owners of land in the improvement district.
(2) Despite subsection (1), the Lieutenant Governor in Council may appoint the first trustees of an improvement district, or may appoint a person to conduct the first election of trustees.
(3) Except as otherwise provided in the letters patent and except as to trustees elected to fill vacancies resulting from death, resignation or disqualification, the term of office of a trustee is 3 years.
(4) A majority of the trustees constitutes a quorum.
(5) Whenever the trustees in office do not constitute a quorum, the inspector may make provision at the expense of the improvement district for an election to fill the vacancy among the trustees.
(6) If a vacancy referred to in subsection (5) is not filled by the election under that subsection, the Lieutenant Governor in Council may appoint a person the Lieutenant Governor in Council thinks proper to fill the vacancy, and it is not necessary for the person to be an owner of land in the district.
737 (1) In order to vote at an election for improvement district trustees, a person must be
(a) a Canadian citizen,
(b) age 18 years or older, and
(c) entitled to be registered as a voter under the Election Act.
(2) Improvement district elections may be held at the annual general meetings of the improvement districts or otherwise, and the voting may be done by secret ballot or otherwise.
(3) The Lieutenant Governor in Council may, by regulation, prescribe the procedure to be followed in conducting any election for improvement district trustees.
(4) A person who is qualified to vote at an improvement district election and who voted or applied to vote in the election may appeal to the Supreme Court against the order of the presiding officer accepting or rejecting a vote or ballot or the result of the election.
(5) An appeal under subsection (4) must be made in writing within 2 weeks after the election.
(6) On an appeal under subsection (4), after the hearing or investigation the court believes proper, it may confirm or amend the order appealed against or may declare the election of no effect and order a new election, establishing the date, time, place and conditions.
(7) An election must not be set aside because of an innocent irregularity, unless the court is satisfied that the irregularity affected the result of the election.
738 (1) Subject to the letters patent, the trustees must elect one of their number as chair at the first meeting in each year and at the first meeting after a vacancy occurs in the office.
(2) The chair must preside at meetings of the trustees.
(3) The chair has a vote, and a question on which there is an equality of votes is deemed to be negatived.
(4) If the chair is absent from a meeting, the members present must appoint one of their number to act as chair.
(5) The trustees may
(a) appoint a secretary and other officers and employees as they consider necessary,
(b) establish the salaries or wages of the persons appointed, and
(c) in the discretion of the trustees, dismiss an appointed person.
739 (1) The trustees of an improvement district may, by resolution, make rules and regulations for the calling of meetings of the trustees for any purpose and for the transaction of business at meetings.
(2) The inspector or the chair of the trustees may call a meeting of the trustees for any purpose and the chair must do so when requested in writing by the inspector or by a majority of the trustees.
(3) The chair or secretary of the trustees must give written notice to each trustee of each meeting of the trustees by mailing a notice to the address of each trustee at least 7 clear days before the date of the meeting.
(4) Despite subsection (3), a meeting of the trustees may be held at any time for any purpose if all the trustees are present or if those absent have in writing waived notice of the meeting or have signified in writing their consent to the meeting being held in their absence.
740 (1) Subject to the letters patent, the first meeting in each year of the trustees of an improvement district must be held after, but not later than 30 days after, the date in the year on which the annual general meeting of the district or the last general meeting of a zone of it has been held.
(2) The time and place of the first meeting in each year must be set by the secretary, by a majority of the trustees or, in the case of the first meeting of trustees after incorporation, by the official responsible for conducting the first election.
740.1 (1) A board of trustees may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.
(2) The board may establish standing committees for matters the board considers would be better dealt with by committee and may appoint persons to those committees.
(3) Subject to subsection (4), persons who are not trustees may be appointed to select and standing committees.
(4) At least one member of each select and standing committee must be a trustee.
741 (1) The trustees of an improvement district must
(a) cause to be kept books containing particular and accurate records of all receipts and expenditures of the funds of the improvement district, and
(b) once in every 12 months, call a meeting of the owners of land in the improvement district and present to them a summary of the financial transactions of the improvement district.
(2) The land owners present at each annual meeting must choose an auditor to audit the books of the improvement district for the following year and the trustees must pay the auditor from the funds of the improvement district.
(3) Within one month after the holding of a general meeting of an improvement district, the trustees must provide the inspector with a true copy of every auditor's report and financial statement presented to or discussed at the meeting.
742 (1) The Lieutenant Governor in Council may appoint a receiver to manage the affairs of an improvement district if it appears in the public interest to do so.
(2) The receiver has
(a) all the powers of the trustees and other officers of the improvement district, and
(b) the exclusive control of the property, assets and revenues of the improvement district.
(3) After the appointment of a receiver, an action may not be brought against the improvement district or receiver without the consent of the Supreme Court.
743 (1) A writ of execution against an improvement district may be issued only with the permission of the Supreme Court, and on the terms and conditions the court may specify.
(2) The corporate seal, books, tools and office furniture, fixtures and fittings of an improvement district are exempt from seizure or sale by process of law.
743.1 (1) A board of trustees has the power to indemnify against proceedings as set out in section 287.2 (1) to (6) [indemnification against proceedings].
(2) Without limiting subsection (1), the power to indemnify under that subsection applies in relation to the persons referred to in section 287 (1) (n), (o) and (q) [volunteers and committee members] as though those persons were officers or employees of the improvement district.
744 The land and its improvements of an improvement district are exempt from taxation by the Provincial government, a regional district or a municipality including the City of Vancouver.
745 (1) An improvement district is a corporation and has all powers necessary or useful in carrying out its objects.
(2) Without limiting subsection (1), an improvement district may do one or more of the following:
(a) acquire, hold and dispose of land and other property, and charges on and interest in it;
(b) borrow money, issue bonds, debentures, mortgages and other securities;
(c) settle claims;
(d) assess land and improvements, levy and collect taxes, tolls and other charges and recover them by suit, by distress or by sale of the assessed land;
(e) construct, repair, improve, manage, maintain and operate works of any kind;
(f) regulate the distribution of water, electricity or any other thing or service provided or conveyed by the improvement district;
(g) make agreements;
(h) any thing incidental to the things referred to in paragraphs (a) to (g) or necessary to carry out its objects.
(3) All contracts that, if made between natural persons, would have to be made in writing must be made under the district's seal.
(4) Money held by an improvement district that is not immediately required may be invested or reinvested by the board of trustees in investments referred to in section 336 [investment of municipal funds].
746 (1) The trustees of an improvement district may make bylaws for one or more of the following:
(a) entering into a contract about land or works;
(b) borrowing by way of loan, temporary or otherwise, from a chartered bank or from any person, sums the trustees believe necessary;
(c) executing cheques, promissory notes or other instruments that may be necessary or desirable for the purpose referred to in paragraph (b);
(d) borrowing money by the issue and sale of notes, bonds, debentures and other securities in principal amounts the trustees believe necessary;
(e) appointing an assessor and a collector;
(f) establishing the tolls and other charges, including charges for capital expenditures, payable to the improvement district, and the times of their payment;
(g) establishing discounts or percentage additions to encourage the prompt payment of tolls and charges under paragraph (f);
(h) establishing the basis of assessment of the land and the value of land and improvements in the district;
(i) establishing the method to be followed by the assessor in classifying land in the district for assessment purposes;
(j) regulating the distribution and use of water, power or any other thing or service made available;
(k) regulating and requiring the provision of works and services in respect of the subdivision of land;
(l) in relation to manufactured home parks,
(i) establishing a charge for fire protection for each space occupied by a manufactured home in a manufactured home park, payable by the person in charge of or operating the park,
(ii) establishing the time of payment of the charge, and
(iii) authorizing inspection by the improvement district of a manufactured home park and the records of the operator of the park;
(m) establishing penalties for failure to comply with regulations made under this section and bylaws made by the trustees.
(2) Securities under subsection (1) (d)
(a) may be in a form, may bear interest at a rate and may be made payable as to principal and interest at the time, in the manner, at the place and in the currency the trustees believe expedient, and
(b) may be made redeemable in advance of maturity at the time and at the price the trustees by bylaw determine at the time of issue.
(3) Sections 759 and 762 to 768 apply to the collection of charges imposed under subsection (1) (l), and the money owing for the charges is deemed to be taxes recoverable under section 762 and 763.
(4) The powers referred to in subsection (1) may only be exercised by bylaw, but all other powers of the improvement district may be exercised by the trustees by resolution.
747 (1) A bylaw of an improvement district must be
(a) sealed with the seal of the improvement district, and
(b) signed by the secretary and by the person presiding at the meeting at which the bylaw is passed.
(2) The bylaws of improvement districts are effective only on registration with the inspector.
(3) For any bylaw, the inspector may register or refuse to register it or take any other action the inspector considers is in the interest of the improvement district or the Provincial government.
747.1 (1) For the purposes of section 746 (1) (k), the board of trustees may, by bylaw, require that, within that subdivision,
(a) a water distribution system,
(b) a fire hydrant system,
(c) a sewage collection system,
(d) a sewage disposal system,
(e) a drainage collection system, or
(f) a drainage disposal system
be provided, located and constructed in accordance with the standards established in the bylaw.
(2) A bylaw under subsection (1) may be different in relation to one or more of the following:
(a) different circumstances;
(b) different areas;
(c) different land uses;
(d) different zones.
(3) An improvement district must not impose a requirement under subsection (1) in respect of a subdivision under the Strata Property Act.
(4) In addition to the authority under subsection (1), as a condition of
(a) the approval of a subdivision, or
(b) if an agreement under subsection (8) applies, the issuance of a building permit,
a board of trustees may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway.
(5) In addition to the authority under subsection (1), if an agreement under subsection (8) applies, as a condition of the issuance of a building permit, a board of trustees may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section.
(6) Requirements under subsections (4) and (5)
(a) may only be made to the extent that they are directly attributable to the subdivision or development, and
(b) must not include specific services that are included in the calculations used to determine the amount of a capital expenditure charge under section 746 (1) (f), unless the owner agrees to provide the services.
(7) If the owner agrees to provide the services referred to in subsection (6) (b), section 933 (8) (a) [deduction of amounts paid by owner] applies to the calculation of the capital expenditure charge.
(8) A board of trustees and a local government may enter into an agreement under which the local government may refuse to issue building permits in accordance with this section.
(9) The authority to require works and services under this section is limited to works and services that are within the objects of the improvement district as described in its letters patent.
747.2 (1) For the purposes of this section:
"excess or extended services" means a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed;
"owner" means an owner within the meaning of section 5.
(2) A board of trustees may require that the owner of land that is to be subdivided or developed provide excess or extended services.
(3) If a board of trustees makes a requirement under subsection (2), the cost of providing the excess or extended services must be paid for
(a) by the improvement district, or
(b) if the board of trustees considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed.
(4) If the board of trustees imposes a requirement under subsection (3) (b), the improvement district must
(a) determine the proportion of the cost of providing the water, sewage or drainage facilities that it considers constitutes the excess or extended service,
(b) determine which part of the excess or extended service that it considers will benefit each of the parcels of land that will be served by the excess or extended service, and
(c) impose, as a condition of an owner connecting to or using the excess or extended service, a charge related to the benefit determined under paragraph (b).
(5) If the improvement district pays all or part of the costs of excess or extended services, it may recover costs by a charge under subsection (4) (c).
(6) If the owner pays all or part of the costs of excess or extended services, the improvement district must pay the owner
(a) all the charges collected under subsection (4) (c), if the owner pays all the costs, or
(b) a corresponding proportion of all charges collected, if the owner pays a portion of the costs.
(7) A charge payable under subsection (4) (c) must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins.
(8) Charges payable for latecomer connections or use under subsection (4) (c) must be collected during the period beginning when the excess or extended services are completed, up to
(a) a date to be agreed on by the owner and the board of trustees, or
(b) if there is no agreement, a date determined under the Commercial Arbitration Act,
but no charges are payable beyond 10 years from the date the service is completed.
(9) If an owner, in accordance with a bylaw under section 746 (1) (k) or 747.1, provides water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this section applies.
748 (1) If the objects of an improvement district include the operation of irrigation works, the right to divert, store and carry water granted under any licence for irrigation purposes appurtenant to land inside the improvement district is exercisable only by the improvement district or its assignees.
(2) An improvement district referred to in subsection (1)
(a) has the sole right to the use of all works for diverting, storing and carrying water authorized, constructed, maintained or used under the licence, whether they are inside the territorial limits or not, and
(b) may, without reference to the precedence of licences, distribute the water to any land inside the territorial limits.
(3) Subsections (1) and (2) apply to licences for domestic or waterworks purposes if the objects of the improvement district include the operation of works for waterworks purposes.
(4) When an improvement district is disincorporated, the rights granted under the licences appurtenant to the land within the territorial limits are again exercisable by the respective owners of the land.
749 (1) In addition to the rights conferred on licensees under sections 27 and 28 of the Water Act, an improvement district whose objects include the operation of works for waterworks purposes may expropriate
(a) a licence authorizing the diversion of water from a stream suitable for a water supply for the improvement district, and
(b) any work constructed or used under authority of the licence and any real property required for the operation, maintenance and protection of the work.
(2) If an improvement district exercises a power under subsection (1) that does not constitute an expropriation within the meaning of the Expropriation Act, compensation as determined by the Expropriation Compensation Board is payable for any loss or damages caused by the exercise of the power.
750 (1) An improvement district may expropriate land or works, or both, reasonably required to carry out its objects.
(2) The interest of a person in works located on Crown land, including works on highways, may be expropriated if the Lieutenant Governor in Council has consented to the expropriation.
751 (1) An improvement district must make adequate provision in advance to renew works when they require renewal, and for that purpose must raise annually, by taxes or tolls, or both, the sums that the inspector directs.
(2) Funds raised for the renewal of works must be kept separate from other funds of the improvement district and must not be disbursed without the prior written consent of the inspector.
752 (1) An improvement district has no obligation to convey or supply water or electricity or to provide any service to any person, land or premises.
(2) Despite subsection (1), a person to whom any improvement district refuses to convey or supply water or electricity, or to provide any service, may appeal to the inspector, who may make any order in the matter that the inspector considers just and reasonable.
753 (1) The trustees of an improvement district may direct the assessor of the improvement district to prepare an assessment roll.
(2) The trustees must determine the basis of assessment, which may be by parcel, group of parcels, area or value of land or improvements or personal property, or any combination of them.
(3) Complete or partial exemption may be allowed for any of the bases of assessment or any kind or class of any of those bases.
(4) If areas are made a basis of assessment, the land may be classified into grades by any method of classification determined by the trustees.
754 (1) The assessor must assess every parcel of land or group of parcels in the name of the registered owner who appears entitled to possession of the land.
(2) After preparing an assessment roll, the assessor must
(a) mail every assessed owner an assessment notice showing the assessment of the owner's land and, if applicable, the assessment of the owner's improvements and personal property, and
(b) send an assessment notice to every holder of a registered charge on land who requests this in writing.
(3) The obligation to send an assessment notice under subsection (2) must be considered satisfied if the assessor made a reasonable effort to mail or otherwise deliver the notice.
(4) The assessment notice must state the date of the first meeting of the court of revision under section 755, which must not be earlier than 2 weeks after the sending of the notice.
755 (1) The trustees
(a) must provide for the revision of an assessment roll by the court of revision and for the consideration of all complaints about assessment, and
(b) must appoint 3 of themselves or other persons to constitute the court of revision.
(2) Any person having an interest in assessed land may file with the court of revision a complaint about the assessment of the person's land or other assessed land.
(3) The court of revision must consider the complaints filed and may ratify or amend an assessment.
(4) On completion of the revision, the court of revision must confirm the assessment roll.
(5) Within 2 weeks after notice of the determination of a complaint by the court of revision, a person may appeal to the inspector, who may, after the investigation the inspector believes proper, ratify or amend the assessment.
(6) The assessment roll as confirmed by the court of revision and, if applicable, as amended by the inspector, is valid and binding on all persons concerned, despite an omission, defect or error in it or in any assessment notice or the failure to send an assessment notice.
(7) An assessment roll referred to in subsection (6) remains in effect until a new roll has been prepared, revised and confirmed.
756 (1) This section applies to improvement districts whose objects include
(a) fire protection,
(b) street lighting,
(c) financial aid to hospitals,
(d) acquisition of property for hospitals, or
(e) ambulance service.
(2) If the improvement district is located wholly in one or more municipalities, the council of each municipality must levy and collect all taxes that may be levied on real property in the municipality by the improvement district for the objects referred to in subsection (1).
(3) If the improvement district is located wholly or partly in a rural area,
(a) with the consent of the Minister of Finance and Corporate Relations, the trustees of the improvement district may, on or before November 30 of each year, provide to the assessor of the assessment district in which all or the greater portion of the improvement district is located a statement showing the amount of money required by the improvement district for the objects referred to in subsection (1) for the following year, and
(b) on receipt of a statement under paragraph (a), the assessor must promptly apportion to the municipalities and rural area in the improvement district, according to the basis of assessment established by the School Act,
(i) the amount shown on the statement, and
(ii) an amount estimated for the cost of assessment and collection, interest on money paid in advance of collection, and losses through failure to collect.
(4) If the improvement district is located wholly in a rural area,
(a) the assessor of the assessment district in which all or the greater portion of the improvement district is located must advise the collector of each collection district in which any part of the improvement district is located of the amount of money required to be levied by the collector and the applicable rates, and
(b) the collector must levy the amount according to the basis of assessment established by the School Act.
(5) If the improvement district includes a municipality and rural area,
(a) the assessor of the assessment district in which all of or the greater portion of the rural area is located must advise the trustees of the improvement district, the council of the municipality and the collector of each collection district in which any part of the improvement district is located of the amount of money required to be levied and the applicable rates for each of the component areas of the improvement district, and
(b) the council of the municipality and the collector must levy that amount in their respective jurisdictions according to the basis of assessment established by the School Act.
(6) The amount to be raised within a municipality for improvement district purposes must be paid, on or before September 30 of the year in which the amount was levied, by the municipality to the improvement district, which must without delay pay the amount to the Minister of Finance and Corporate Relations.
(7) If the Minister of Finance and Corporate Relations believes the amount of money required by the improvement district under this section is too large to be levied in one year, that minister may authorize that the amount be levied over a number of years and in the manner that minister considers appropriate.
(8) The Minister of Finance and Corporate Relations may advance to the improvement district from the consolidated revenue fund amounts requisitioned by the improvement district in respect of the taxes before they are levied or collected.
(9) Except as to the basis of assessment provided in subsections (3) to (8),
(a) the Taxation (Rural Area) Act applies to the assessment, levy, collection and recovery of all taxes imposed under those subsections on land and improvements in rural areas and to the addition of interest,
(b) those taxes, when assessed and levied, are deemed to be taxes imposed and assessed under the Taxation (Rural Area) Act, and
(c) the proceeds of those taxes must be paid by the Minister of Finance and Corporate Relations to the improvement district, less an amount that that minister believes should be retained to cover
(i) the cost of assessment and collection,
(ii) interest on any money paid in advance of collection,
(iii) losses through failure of collection, and
(iv) the annual sum required in repayment of any advance that has been made by that minister.
(10) Sections 754 and 755 do not apply to any taxes imposed, assessed or levied under this section.
756.1 (1) Despite any Act, if all or part of a municipality is contained in the area of an improvement district, the objects of which include the provision of fire protection or street lighting, the council of the municipality must impose and collect all taxes imposable by the improvement district on real property in the municipality.
(2) The board of trustees of the improvement district must notify the council of the municipality of the amount to be raised for improvement district purposes in the municipality for the current year.
(3) The Surveyor of Taxes must advise the council of the applicable rates for improvement district purposes, based on the net taxable value of land and improvements but excluding property that is taxable for school purposes only by special Act, to be applied throughout the area of the improvement district.
(4) The council must incorporate the rates under subsection (3) under section 359 (1) (b) [property taxes for other bodies] of the annual property tax bylaw.
(5) For the purposes of subsection (3) and section 756.2 (2) and (3),
(a) the definition of "improvements" in the Assessment Act applies, and
(b) the exemptions in sections 129 to 131 of the School Act apply.
756.2 (1) On demand, the council must pay to the board of trustees of the improvement district the amount to be raised in the municipality for improvement district purposes.
(2) The board of trustees of the improvement district may ask the council of the municipality to advance the sums necessary to meet the current authorized obligations of the improvement district and the council may advance those sums, but only on evidence of the money being needed for operations and obligations of the board of trustees.
(3) As a limit on subsection (2), the total of the advances that may be made under that subsection must be according to the ratio that
(a) the net taxable value of land and improvements of the property in the municipality that is in the improvement district, excluding property that is taxable for school purposes only by special Act,
bears to
(b) the net taxable value of land and improvements of the property in the improvement district as a whole, excluding property that is taxable for school purposes only by special Act,
according to the authenticated assessment rolls on which the tax will be imposed.
(4) The board of trustees of the improvement district must pay to the Minister of Finance and Corporate Relations, promptly on receipt, money received from the municipality that represents a share of advances made by the Minister of Finance and Corporate Relations on behalf of land and improvements in the municipality.
757 (1) The trustees may, by bylaw, levy taxes to raise the funds considered necessary to meet the obligations of the improvement district and to carry out its objects.
(2) Taxes under subsection (1) may be established on the basis of parcels, groups of parcels, values or areas, or any combination of them and different rates of tax may be established for different grades or classes of land and improvements.
(3) A bylaw under subsection (1) may establish the minimum amount of taxes payable for a parcel or group of parcels and may provide for discounts or percentage additions to encourage prompt payment.
(4) Unless otherwise provided, a tax is deemed to have been levied and is owing on and from January 1 of the year for which the tax is levied.
(5) A person whose name appears on the assessment roll of an improvement district in any year as the owner of any land is liable to the improvement district for the taxes levied by the trustees for that year for that land.
(6) If the trustees levy a tax on the basis of values as referred to in subsection (2), they must adopt a variable tax rate system under which rates are separately determined and imposed for each property class.
(7) Section 359.2 [regulations respecting property tax rates] applies to a variable tax rate system under this section and, for these purposes, a reference to a municipality in that section is to be read as a reference to an improvement district.
(8) A tax bylaw or tax must not be questioned on the ground that the rate of the tax exceeds what is required for the purposes for which taxes may be levied.
(9) Any action in which the validity of a tax bylaw is questioned must be commenced within one month after registration of the bylaw.
758 (1) On registration of a tax bylaw, the trustees must have sent to every registered owner of assessed land a tax notice that
(a) shows the amount of taxes owing by the assessed owner to the improvement district, and
(b) provides sufficient information on assessment and the rates of tax to show how the taxes are computed.
(2) The obligation to send a notice under subsection (1) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
759 (1) Despite anything contained in any statute, every assessment made, every tax imposed or levied, accrued or to accrue on any land, and every toll or charge established under a bylaw of an improvement district forms a lien and charge on the land on which it has been imposed, levied, accrued or established.
(2) A lien and charge referred to in subsection (1) has preference over any claim, lien, privileges or encumbrance of any person, except the Crown and municipal taxes previously accrued, and does not require registration to preserve it.
(3) If it is necessary or advisable to protect or enforce a lien referred to in subsection (1) by action or proceeding, this may be done by order of any court of competent jurisdiction, on application and on the notice that the court directs.
(4) A lien referred to in subsection (1) constitutes a lien and charge on the whole parcel of land affected, even though the tax, toll or charge forming the lien may have been imposed, levied, established or calculated on a part only, or on improvements of any kind or class.
(5) If a parcel of land on which there are taxes owing to an improvement district is subdivided, the collector may apportion the taxes among the separate parts of the parcel and their owners as nearly as possible in conformity with the classification of the land comprising the parts at the time the taxes were levied.
760 (1) The taxes payable to an improvement district bear interest at the rate prescribed by the Lieutenant Governor in Council under section 11 (3) of the Taxation (Rural Area) Act from March 1 next following the date on which they are levied, until paid or recovered.
(2) The interest under subsection (1)
(a) is from day to day deemed part of the taxes, and a reference to taxes is deemed to include all interest so added, and
(b) is to the same extent as the taxes a lien and charge.
761 In this Division:
"purchaser" includes the improvement district;
"sale" includes the acquisition of land by the improvement district under this section.
762 (1) In addition to all other remedies for the recovery of taxes, including percentage additions and interest, the improvement district
(a) may hold a tax sale and there sell at public auction all the land on which there are taxes owing to the improvement district for 24 months or longer at the date of the sale, and
(b) must hold such a tax sale at least once in each year.
(2) The trustees must set the date, time and place of the tax sale.
(3) The collector of the improvement district must
(a) at least 60 days before the date set for the tax sale, give written notice in accordance with subsection (4) to each registered owner of a parcel proposed to be sold and to the holder of any registered charge on the parcel, either by serving the notice or by sending it by registered mail, and
(b) retain a copy of each notice under paragraph (a).
(4) The notice must include the following:
(a) the time and place set for the tax sale;
(b) a short description of the land for which the taxes are owing;
(c) the amount of all taxes owing to the improvement district on the land and the amount of interest to the date of the tax sale;
(d) the amounts chargeable as expenses connected with the tax sale, including any applicable fee under the Land Title Act for issuance and registration of a tax sale deed;
(e) the upset price of the land for the purpose of the tax sale, being the total of the taxes, interest, expenses and fee;
(f) a statement that, if the amounts of taxes, interest and expenses are not paid before the tax sale, the collector will offer the land for sale by public auction at the time and place stated in the notice;
(g) a statement that the proposed tax sale of the land will be an absolute sale and that no right of redemption will remain in the owner or holder of the charge after the sale.
(5) On application, the Supreme Court may order that the notice under subsection (3) may be served by substituted service in accordance with the order.
(6) Notice, publication or advertisement of the tax sale, other than that required by subsection (3), is not necessary, but the trustees may direct the advertisement of a tax sale as they consider appropriate.
(7) In order to cover the expenses connected with a tax sale, the trustees may, by bylaw, establish amounts to be charged under subsection (8).
(8) The collector must charge against each parcel proposed to be sold at the tax sale the amount set under subsection (7).
763 (1) The collector must conduct the tax sale in accordance with the following:
(a) on the day and at the hour and place set for the tax sale, if the amounts of taxes, interest and expenses for land described in a tax sale notice have not been paid, the collector must offer that land separately for sale at the upset price stated in the notice, and may sell it to the highest bidder;
(b) if there is a bid of the upset price, but no higher bid, the person bidding the upset price must be declared the purchaser;
(c) the collector may adjourn the tax sale from day to day or for a period not exceeding 7 days at any one adjournment until all the land is disposed of.
(2) If the purchaser of a parcel of land at a tax sale fails to pay immediately to the improvement district the amount of the purchase money, the collector must without delay offer the parcel for sale again.
(3) A tax sale purchaser, at the time of paying to the collector the purchase price of the land sold to the purchaser, must sign, or have a person acting as agent sign, a copy of the tax sale notice relating to that land and stating the full name, occupation and post office address of the purchaser.
(4) The signed copy of the tax sale notice under subsection (3)
(a) must be preserved by the collector with all the other records connected with the tax sale, and
(b) on the execution under this section of a deed of the land sold, is deemed to constitute the collector or the collector's successor in office as the duly authorized agent to apply
(i) on behalf of the purchaser for registration of the purchaser's title to the land, or
(ii) in case of the purchaser's death, on behalf of the purchaser's personal representative for registration of the representative's title to the land.
764 (1) If a parcel of land offered for sale at the tax sale sells for more than the upset price, on written request the surplus must be paid without interest to the registered owner or the personal representative of the registered owner, unless a claim to the surplus is made by some other person on the ground that the land belonged to the other person or that the other person is otherwise entitled to the surplus.
(2) If a claim referred to in subsection (1) is made, the surplus
(a) must be paid, without leave or order, into the Supreme Court, accompanied by a copy of the tax sale notice and a statement of the collector setting out
(i) the facts under which the payment into court is made, and
(ii) the names of the registered owner and the claimant, and
(b) is payable out of court to the person entitled on the order of the court to be made on application in a summary manner and subject to the giving of notice as the court directs.
765 A parcel of land offered for sale at the tax sale for which no bid equal to or greater than the upset price is received is deemed to be sold to the improvement district.
766 (1) Promptly after a tax sale, the collector must
(a) execute a deed of each parcel sold by the collector at the tax sale to the purchaser or, in case of the death of the purchaser, to the personal representative of the purchaser, and
(b) forward the deed to the registrar of land titles, together with any applicable fee under the Land Title Act.
(2) On receipt of a tax sale deed under subsection (1) and any applicable fee, the registrar of land titles must register indefeasible title to the land in the name of the purchaser or the personal representative, subject to Provincial taxes owing on the land.
(3) The registration of the improvement district or any other person as the owner of land under a tax sale deed executed under this section
(a) cancels registration of the indefeasible or absolute title of that land and any duplicate indefeasible title or absolute certificate of title outstanding for that land, and
(b) disencumbers the land of all interest of every previous owner or of those claiming under a previous owner, and of all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every nature and kind, other than
(i) the restrictive conditions, reservations and exceptions subject to which the land was held at the time of the tax sale, and
(ii) existing liens of the Crown or of the municipality in which the land is located.
(4) In a court proceeding, a deed purporting to be issued for a sale of land for unpaid taxes, and purporting to be executed under this Act, is evidence that
(a) the deed is the tax sale deed that it purports to be,
(b) the sale alleged in the deed was conducted in a fair and open manner, and
(c) there were taxes due and in arrear on the land described in the deed at the time of the sale for which it could be sold.
(5) After the end of one year after the date on which the application is made to register in the purchaser the title of land sold at a tax sale, an action must not be brought to recover the land or to set aside the sale of the land, against
(a) the registrar, the improvement district, the trustees or the collector for the sale of the land or registration of an indefeasible title to it, or
(b) except as provided in this section, against the improvement district, the trustees or the collector for any loss sustained because the land was sold.
(6) A person who at the time of sale was the registered owner of the land sold, or the personal representative or assignee of that person, or a person who at the time of sale was the holder of a registered interest in or charge on the land, must be indemnified by the improvement district for loss sustained by the person because of the sale of the land if
(a) the land was not liable to taxation by the improvement district during the period for which the taxes were levied on the land sold,
(b) the taxes for which the land was sold had been paid, or
(c) notice of the intention to sell or offer the land for sale was not given in substantial compliance with section 762 (3).
(7) A proceeding to recover indemnity under subsection (6) must be commenced within one year after the date on which the application is made to register the title of the land in the purchaser.
(8) Despite subsection (6), there is no right to indemnity under that subsection if it is shown that the person claiming indemnity
(a) was aware at any time that the land was liable to be sold or offered for sale, or
(b) was aware at the time of the tax sale that the land was advertised or offered for sale.
767 (1) Subject to this section, sections 762 to 766 apply to land in respect of which taxes are in arrear if
(a) the fee simple of the land is in the Provincial or federal government, and
(b) the land is held under a mortgage to or agreement for sale from the Provincial or federal government, a minister of the Provincial or federal government or a board or corporation holding or having charge of the administration of the land on behalf of the Provincial or federal government.
(2) At a tax sale, the land must be sold subject to the interest of the Provincial or federal government and the collector must state at the time of sale that the interest of the Provincial or federal government is prior to all claims and is not affected by the sale.
(3) The Provincial or federal government may accept the tax sale purchaser as mortgagor or purchaser of the land and may deal with that purchaser to the exclusion of the person whose interest was sold at the tax sale and of all persons claiming under that person.
(4) If the Provincial or federal government accepts the tax sale purchaser as mortgagor or purchaser, that government must
(a) notify the trustees of this, and
(b) notify the registrar if the mortgage or agreement for sale is registered in the land title office.
(5) If the Provincial or federal government does not accept the tax sale purchaser as mortgagor or purchaser or does not notify the trustees within 6 months after the date of sale that that government has accepted the purchaser, the purchaser is entitled to a refund from the improvement district of the amount the purchaser paid together with interest at the rate prescribed under subsection (6).
(6) The Lieutenant Governor in Council may prescribe a rate of interest for the purposes of subsection (5).
(7) If a refund is made under subsection (5), the collector must promptly replace on the tax roll, as taxes in arrear, the amount of the taxes, interest, costs and expenses, together with the interest paid to the purchaser under that subsection.
768 The trustees may lease, sell or otherwise dispose of land of which the improvement district has been registered as owner under section 766 in the manner and on the terms they see fit, and may apply the proceeds of sale for any purpose for which taxes that may be levied by the trustees under this Act may be applied.
769 If a bylaw of an improvement district provides for a sinking fund, the improvement district must pay the instalments of the sinking fund to the Minister of Finance and Corporate Relations, who must invest them in investments permitted for a trust fund under section 40 (4) of the Financial Administration Act.
770 (1) The Lieutenant Governor in Council may, on terms and in the manner and form the Lieutenant Governor in Council determines, guarantee the payment of principal and interest of
(a) notes, bonds, debentures or other securities authorized to be issued under this Act or the Water Act by an improvement district for any purpose of the improvement district, and
(b) loans, temporary or otherwise, authorized to be raised under this Act or the Water Act by an improvement district for any purpose of the improvement district.
(2) Without limiting subsection (1), the purposes of an improvement district include the following:
(a) the acquisition, construction, reconstruction, replacement, improvement and extension of works for diverting, storing and conveying water for domestic use and irrigation of land;
(b) the disposal of sewage;
(c) the provision of fire protection;
(d) the provision of street lighting;
(e) the granting of financial aid toward the planning, constructing, reconstructing, purchasing, equipping or operating of a hospital, or the acquiring of land or buildings for those hospital purposes;
(f) repayment of advances by the Provincial government to the improvement district;
(g) repayment, refunding or renewal of all or part of a loan raised or securities issued by the improvement district;
(h) payment of all or a part of any loan, liability or bonds, debentures or other securities, payment of which is guaranteed or assumed by the improvement district;
(i) payment of any other liability or debt of the improvement district.
(3) A guarantee given under subsection (1) must be signed by the Minister of Finance and Corporate Relations, or by another officer of the Ministry of Finance and Corporate Relations designated by the Lieutenant Governor in Council.
(4) On the guarantee being signed in accordance with subsection (3), the Provincial government is liable to pay the principal and interest of the notes, bonds, debentures, securities and loans guaranteed, according to their tenor.
(5) In the hands of any holder of the notes, bonds, debentures or securities, a guarantee signed in accordance with subsection (3) is conclusive evidence that that subsection has been complied with.
(6) The Lieutenant Governor in Council may make arrangements to supply the money necessary to fulfil the requirements of a guarantee under this section and may advance the amount necessary out of the consolidated revenue fund.
771 The notes, bonds, debentures and other securities authorized and issued by an improvement district must bear the seal of the improvement district and, together with any coupons attached to them, must bear the manual, engraved, lithographed or printed signatures of the chair and secretary of the trustees of the improvement district, or of the other persons the trustees may by bylaw determine.
772 (1) An improvement district that issues or has issued bonds or debentures must keep or cause to be kept at the office of the improvement district or in the office of the registrar of the Ministry of Finance and Corporate Relations a registry book in which
(a) the owners of any of its bonds or debentures may register them as to principal only, and
(b) transfers of bonds or debentures so registered may be registered.
(2) Bonds or debentures of an improvement district pass by delivery unless registered as to principal in the name of the owner in the registry book, in which case the fact of registration must be noted on the bonds or debentures so registered.
(3) After registration, a transfer of a bond or debenture is not valid unless it is
(a) made by instrument in writing signed by the registered owner or by the authorized attorney of the registered owner, and
(b) registered in the registry book.
(4) Registration of an instrument under subsection (3) must be noted on the bond or debenture.
(5) The registration of a bond or debenture under this section may be discharged and the transferability of the bond or debenture by delivery restored by registration of a further transfer to the bearer of the bond or debenture, that is similarly registered and noted on the bond or debenture as referred to in subsections (3) and (4).
(6) After the registration of a bond or debenture has been discharged, its registration may again in like manner be effected or discharged.
(7) Despite registration of a bond or debenture, the interest coupons continue to be payable to bearer and to be transferable by delivery.
773 In this Part and in any regulation or bylaw passed under it:
"chair" means the chair of a board who is elected under section 792;
"electoral area director" means a director for an electoral area who is elected or appointed under section 785 from an electoral area;
"electoral participating area" means an area that is in a service area and that is all or part of an electoral area;
"municipal director" means a director for a municipality who is appointed under section 784;
"municipal participating area" means an area that is in a service area and that is all or part of a municipality;
"municipality" means, in relation to a regional district, a municipality in the regional district and, in the case of the Greater Vancouver Regional District, includes the City of Vancouver;
"participant" means,
(a) in relation to a municipal participating area, the council of the municipality, and
(b) in relation to an electoral participating area, the director of the electoral area;
"participating area" means a municipal participating area or an electoral participating area, as applicable;
"regulatory service" means the exercise of a regulatory authority conferred on a regional district by or under this or another Act, other than the exercise of regulatory authority under section 796.2 [general authorities in relation to services] or section 797 [Part 15 powers equivalent to municipalities];
"requisition" means a requisition under section 805 [municipal] or 806 [electoral area];
"service" includes a regulatory service;
"service area" means the area in which a service is provided, being comprised of the participating areas for the service;
"vice chair" means the vice chair of a board who is elected under section 792.
774 In the application of the other provisions of this Act to this Part, references are to be read as follows:
Reference To be read as
municipality regional district
council board
mayor chair
councillor director
municipal officer regional district officer
774.1 (1) Every regional district incorporated before this Part came into force on July 1, 1989 is continued as a corporation and is vested with the powers conferred on it by this Act.
(2) All bylaws validly adopted by a board before this Part came into force continue in force.
774.2 (1) In this section:
"previous continuation authority" means the authority to provide services under section 775 (3) to (8), as that section read immediately before the transition date;
"continued service" means a service provided by a regional district immediately before the transition date;
"transition date" means the date when this section came into force.
(2) Subject to this section, a regional district continues to have the power to provide a continued service as follows:
(a) if, immediately before the transition date,
(i) the service is one that was authorized under the previous continuation authority, and
(ii) no bylaw that was deemed under the previous continuation authority to be an establishing bylaw has been adopted in relation to the service,
the service may be continued in accordance with the previous continuation authority and, for these purposes, that authority is deemed not to have been repealed;
(b) if the service is one referred to in section 800.1 (2) (b) or (c) [development services and social planning], or is another service for which an establishing bylaw was not required before the transition date, the service may be continued without an establishing bylaw.
(3) If a board exercises a power to provide a continued service under subsection (2), it may
(a) adopt a bylaw in accordance with subsection (5) to convert the service to one exercised under the authority of an establishing bylaw, and
(b) by the same bylaw, amend the power to the extent that it could if the power were in fact exercised under the authority of an establishing bylaw.
(4) A board must adopt a bylaw under subsection (3) in relation to a continued service if any changes are made to the service area, participants, method of cost recovery or apportionment of costs in relation to the service.
(5) A bylaw under subsection (3) must
(a) meet the requirements of section 800.1 [required content] for an establishing bylaw, and
(b) be adopted in accordance with section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.
(6) A bylaw under subsection (3) is deemed to be an establishing bylaw for the service in respect of which it is adopted.
775 [Repealed 2000-7-88.]
776 On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, incorporate the residents of an area into a regional district for the purpose of exercising powers conferred on the regional district under this Act or under any other enactment.
777 (1) Letters patent incorporating a regional district must specify the following:
(a) the name and boundaries of the regional district;
(b) the municipalities and electoral areas that comprise the regional district;
(c) the boundaries of each electoral area in the regional district;
(d) the voting unit for the regional district, by specifying the number of persons used to calculate the number of votes referred to in section 783 (2);
(e) the last date for appointment of municipal directors to the first board;
(f) the time and manner of the first election of electoral area directors;
(g) the chief election officer and the voting places for the first election under paragraph (f);
(h) the date, time and place of the board's first meeting;
(i) the sums that may be borrowed to meet the current lawful expenditures of the regional district in the year of incorporation and, if considered necessary, for the next year;
(j) the dates that may be observed initially, and once only, in place of statutory dates;
(k) [Repealed 2000-7-89.]
(l) any other provisions and conditions the Lieutenant Governor in Council considers necessary or advisable.
(2) No part of an electoral area may be in a municipality.
(3) On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, do one or more of the following:
(a) specify the divisor used to calculate the number of directors referred to in section 783 (5);
(b) change the name of a regional district;
(c) amend the voting unit referred to in subsection (1) (c);
(d) redefine the boundaries of an electoral area, establish a further electoral area or eliminate an existing electoral area;
(e) make provisions that the Lieutenant Governor in Council considers necessary or advisable for the transition referred to in paragraph (d).
(4) Without restricting subsection (3) (d), letters patent under that subsection may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient.
778 to 779.3 [Repealed 1998-34-152.]
780 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by the issue of letters patent, or by the repeal of existing letters patent and the issue of new letters patent, as necessary,
(a) amalgamate 2 or more regional districts,
(b) alter the boundaries of 2 or more adjoining regional districts by reducing the area of one and increasing the area of another by the inclusion of the area withdrawn into the district that is increased, or
(c) divide a regional district into 2 or more regional districts.
(2) Before making a recommendation under subsection (1), the minister must
(a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and
(b) notify all regional districts that will be affected by the proposed recommendation.
(3) The Lieutenant Governor in Council must not issue letters patent under subsection (1) for 6 months after notice has been given under subsection (2) (b).
(4) In a recommendation under subsection (1), the minister must specify a proposed allocation or division of the assets and liabilities of the districts affected.
(5) Letters patent under subsection (1) may include provisions that the Lieutenant Governor in Council considers necessary or advisable for the transition.
(6) Without limiting subsection (5), letters patent under subsection (1) may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient.
(7) Subject to the letters patent, the bylaws and resolutions of boards that had jurisdiction before the amalgamation, alteration or division remain in force until they are amended or repealed by the board having jurisdiction following the amalgamation, alteration or division.
(8) On the issue of letters patent under this section, sections 31 and 32 apply.
781 (1) If an improvement district is dissolved under section 735 or a local area under the Local Services Act ceases to exist, and the land comprising the improvement district or local area is in a regional district, the Lieutenant Governor in Council may, by order, do one or more of the following:
(a) provide that all or part of the land be a service area under this Part;
(b) allocate and assign or transfer to the regional district any asset or liability, whether real or contingent, of the improvement district or local area under the terms and conditions the Lieutenant Governor in Council considers necessary or advisable and in a manner that the Lieutenant Governor in Council considers just and expedient;
(c) specify that the bylaws of the improvement district or any enactment relating to the local area continue in force in the part of the improvement district or local area that is in the regional district until they are amended or repealed by the board;
(d) specify a period within which a bylaw must be adopted under subsection (2).
(2) If provision is made for a service area under subsection (1), the board must adopt a bylaw in respect of the service that
(a) meets the requirements of section 800.1 [required content] for an establishing bylaw, and
(b) is adopted in accordance with section 802 [amendment or repeal of establishing bylaw] as if it were a bylaw amending an establishing bylaw.
(3) A bylaw under subsection (2) is deemed to be an establishing bylaw for the service in respect of which it is adopted.
(4) A bylaw under subsection (2) must be adopted within the period specified in the order of the Lieutenant Governor in Council under subsection (1) or, if no period is specified, within a reasonable period after that order comes into effect.
(5) If no period is specified in the order under subsection (1), the Lieutenant Governor in Council may, in a later order, specify a period and, if this is done, a bylaw under subsection (2) must be adopted within the period specified.
782 (1) If letters patent incorporate an area in the regional district as a new municipality, the new municipality becomes a member of the regional district on the date of incorporation, with representation determined in accordance with section 783.
(2) If letters patent incorporate a new municipality or extend the boundaries of an existing municipality, and all or part of a service area is in the new municipality or the extension of the existing municipality, the Lieutenant Governor in Council may, by the issue of letters patent for the regional district,
(a) transfer from the regional district to the municipality the jurisdiction for the service in respect of all or a specified part of the service area, and
(b) make provisions that the Lieutenant Governor in Council considers necessary or advisable for the transfer.
(3) Without limiting subsection (2) (b), the letters patent may allocate and assign or transfer some or all assets and liabilities, whether real or contingent, in a manner that the Lieutenant Governor in Council considers just and expedient.
(4) If jurisdiction for a service is transferred to the municipality by letters patent under subsection (2), the effective date of the transfer is the date of the letters patent unless an order under subsection (4.1) applies.
(4.1) The minister may, by order, specify a later date on which the transfer is effective and, if such an order is made, the jurisdiction of the regional district governing the service continues in force until that later date.
(5) If letters patent incorporate a new municipality and only a part of a service area is in the new municipality, the service is continued under the jurisdiction of the regional district unless it is transferred under subsection (2) (a).
(6) If letters patent are issued extending or reducing the boundaries of a municipality, the voting power of the municipality under section 783 must be adjusted effective January 1 in the year following the date of issue.
(7) Subsection (8) applies if, as a consequence of the incorporation of a new municipality or the alteration of boundaries of an existing municipality, the council and the board are unable to resolve a difference that may arise between them on
(a) the question of administration of matters in their respective jurisdictions,
(b) the allocation of resources or costs, or
(c) any other matter that, in the opinion of the minister, requires solution.
(8) In the circumstances referred to in subsection (7), after considering the representations of the parties, the minister may make an order, not inconsistent with this Act or letters patent of the municipality or regional district, directing the council and the board, or either, to act in a manner consistent with the terms of settlement set out in the order.
(9) The council and the board must comply with the terms of an order under subsection (8) according to its intent.
783 (1) A board consists of municipal directors and electoral area directors.
(2) The number of votes to which each municipality and each electoral area is entitled is
(a) the number obtained by dividing the population of the municipality or electoral area by the voting unit specified in the letters patent, or
(b) if the quotient under paragraph (a) is not an integer, the next greater integer to that quotient.
(3) For the purposes of subsection (2), the population of a municipality or electoral area is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known.
(4) A change in the population of a municipality or an electoral area established by census, for purposes of the voting power on that board, takes effect in the year following the year in which that census was taken.
(5) The number of directors to which each municipality is entitled is
(a) the number obtained by dividing the number of votes to which that municipality is entitled under subsection (2) by 5 or, if otherwise specified in letters patent for the regional district, by the other number specified, or
(b) if the quotient under paragraph (a) is not an integer, the next greater integer to that quotient.
(6) The votes of a municipality referred to in subsection (2) are to be equally distributed by the council among the directors from that municipality.
(7) If equal distribution is not possible under subsection (6),
(a) the council must assign the municipality's votes to each director as evenly as possible, but in no case may the difference between the maximum and minimum number of votes assigned be greater than one, and
(b) the municipal officer assigned responsibility under section 198 [corporate administration] must notify the equivalent regional district officer of the assignment made under paragraph (a).
784 (1) After the first appointment under section 777 (1) (e), each municipal director is to be appointed at pleasure by the council from among its members.
(2) The term of office of a municipal director
(a) begins when the person takes office in accordance with section 210 (3) [oath of office], and
(b) continues until the earliest of
(i) another director taking office in the original director's place,
(ii) the director ceasing to be a member of the council before the next general local election, and
(iii) December 31 in the year of a general local election.
(3) The following sections apply to municipal directors:
section 210 [oath of office for council members];
section 211 [disqualification for failure to take oath];
section 212 [resignation from office];
section 213 [application to court for disqualification];
section 214 [resolution declaring disqualification].
785 (1) After the first election under section 777 (1) (f), elections for electoral area directors are to be conducted in accordance with Part 3.
(2) The sections referred to in section 784 (3) apply to electoral area directors.
(3) The term of office of an electoral area director elected at the time of the general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 210 (3) [oath of office], whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the director's successor takes office, whichever is later.
786 (1) The council of a municipality may appoint a council member as an alternate director.
(2) The alternate director may take the place of, vote and generally act in all matters for an absent municipal director, including a matter delegated to that director by the board.
(2.1) If there is more than one municipal director, the authority under subsection (1) may be exercised either
(a) by specifying for each municipal director, the council member who is the alternate director for that municipal director, or
(b) by appointing a number of alternate directors and establishing a system to determine which alternate director is to act in the place of any absent municipal director.
(2.2) As a restriction on subsection (2.1) (b), at any one time an alternate director may only act in place of a single municipal director.
(3) If the council appoints an alternate director, the municipal officer assigned responsibility under section 198 [corporate administration] must notify the equivalent regional district officer of the appointment in writing.
(4) An alternate director holds office as alternate director until another council member is appointed as a replacement and the regional district officer assigned responsibility under section 198 [corporate administration] has been notified of the new appointment.
(5) If the seat of a municipal director becomes vacant through resignation, disqualification or death, the alternate director appointed under subsection (1) becomes the municipal director in place of the director whose seat became vacant until a new director is appointed.
787 (1) An electoral area director must appoint, as an alternate director, a person who has the qualifications necessary to be nominated as a director for that electoral area.
(2) On behalf of an absent electoral area director, the alternate director appointed under subsection (1) may take the place of, vote and generally act in all matters for the absent electoral area director, including in relation to a matter delegated to that director by the board.
(3) An appointment under subsection (1) takes effect when
(a) the appointment has been approved in writing by 2 electors who reside in the electoral area that the director represents, and
(b) the director notifies the regional district officer assigned responsibility under section 198 [corporate administration] in writing of the appointment of the alternate.
(4) If the office of an electoral area director becomes vacant through resignation, disqualification or death,
(a) the alternate director holds the office until that person's successor takes office following the next election for the office, or
(b) if the alternate director is unable or unwilling to hold office as director, the board must appoint another person who has the qualifications to be nominated as a director for the electoral area and that person holds the office as provided in paragraph (a).
(5) The electoral area director who appointed an alternate director may appoint, as a replacement for the alternate director, another person who has the qualifications necessary to be nominated as a director for that electoral area.
(6) An alternate director holds office as alternate director until a replacement is appointed under subsection (5) or until the next general local election, whichever is earlier.
788 (1) For the purposes of remuneration, expenses and benefits under this Part, "director" includes an alternate director, a chair and a vice chair.
(2) A board may, by bylaw, provide for one or more of the following payments:
(a) remuneration to directors for discharge of the duties of office, of which a specified portion may be an allowance for expenses incidental to those duties other than expenses covered under paragraph (c) or (d);
(b) remuneration to members of committees of the board for each regularly constituted committee meeting attended;
(c) all or part of the expenditures made or expenses incurred by a director or committee member when the director or committee member is
(i) representing the regional district,
(ii) engaging in regional district business,
(iii) attending a meeting, course or convention, or
(iv) attending a meeting of the board or of any committee of which that person is a member;
(d) an allowance, daily or otherwise, for specified expenses incurred by a director when performing activities referred to in paragraph (c) (i) to (iv), if those expenses are not covered under that paragraph.
(3) A bylaw under subsection (2) (c) or (d) must specify
(a) the types of expenses and expenditures that may qualify for payment, and
(b) the levels at which payment may be made.
(4) A bylaw under subsection (2) may do one or more of the following:
(a) provide different remuneration for different directors and different classes of directors;
(b) limit the number of committee meetings for which remuneration may be paid to a committee member;
(c) limit the types of activities that may qualify for payment under subsection (2) (c) or (d);
(d) set different levels for different types of expenses and expenditures.
789 (1) Without limiting section 788, a board may enter into agreements for benefits, including medical and dental services and insurance policies, for all or some of its directors and their dependants.
(2) A board may provide all or part of a premium required by an agreement under subsection (1) for accident insurance coverage for directors while on regional district business.
(3) Other than a premium referred to in subsection (2), a board must not provide all or part of the premium required by an agreement under subsection (1).
790 [Repealed 2000-7-95.]
791 (1) All resolutions and every reading and the adoption, amendment or repeal of all bylaws must, except as otherwise provided, be decided by
(a) a majority of the votes cast, and
(b) voting in accordance with subsections (2) to (17).
(2) Except as otherwise provided, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, each director who is present
(a) is entitled to vote, and
(b) has one vote.
(3) Without limiting subsection (2), voting on the following matters must be in accordance with that subsection:
(a) establishing bylaws for services;
(b) bylaws exercising a regulatory authority in relation to a regulatory service;
(c) resolutions and bylaws establishing services for which no establishing bylaw is required;
(d) resolutions and bylaws on the general conduct of the board's business, including bylaws under sections 793 and 794;
(e) resolutions dispensing with the consent of an electoral area director under section 801.5 (3), or that section as it applies under section 802 (2) or 823 (5);
(f) resolutions and bylaws under Part 25, except as provided in subsection (16);
(g) subject to subsections (12) and (13), resolutions and bylaws under Part 26, other than bylaws referred to in paragraph (b).
(4) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws respecting the administration and operation of a service, other than the service referred to in section 800 (2) (a) [general administration], each director who is present and who represents a participating area for the service
(a) is entitled to vote, and
(b) subject to the establishing bylaw, has the number of votes assigned to that director under section 783 (2).
(5) Without limiting subsection (4), voting on the following matters must be in accordance with that subsection:
(a) bylaws imposing fees or charges;
(b) bylaws under section 806.1 (2) [parcel tax collection in electoral areas] providing for the preparation of an assessment roll;
(c) bylaws exercising a regulatory authority, other than bylaws referred to in subsection (3) (b).
(6) On all resolutions and every reading and the adoption, amendment or repeal of all bylaws referred to in subsection (7), each director who is present
(a) is entitled to vote, and
(b) has the number of votes assigned to that director under section 783 (2).
(7) Voting on the following matters must be in accordance with subsection (6):
(a) resolutions or bylaws adopting provisional budgets and bylaws adopting annual budgets;
(b) bylaws respecting borrowing under section 829, 830, 831, 831.1 or 833;
(c) bylaws authorizing the acquisition, expropriation or disposal of real property;
(d) resolutions and bylaws authorizing liabilities under section 828;
(e) resolutions and bylaws authorizing persons to enter into contracts on behalf of the regional district.
(8) On any question where the number of votes, including the vote of the person presiding, are equal, the question is defeated.
(9) A director who votes must cast all available votes for the same objective.
(10) Section 230 (1) and (2) [voting at council meetings] and section 231 (1) to (8) [council member declaration if not entitled to vote] apply to all meetings of the board.
(11) If, except for this subsection, only one director would be entitled to vote, each director who is present
(a) is entitled to vote, and
(b) has one vote.
(12) In relation to an agreement under section 804.1 (2) [cost sharing for Part 26 services],
(a) the director for the municipality is not entitled to vote on the resolution or bylaw authorizing the regional district to enter into the agreement,
(b) as soon as the agreement has been entered into, the director for that municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into any other agreement under that section, and
(c) while the agreement is in force, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 26 [Planning and Land Use Management] except in accordance with the agreement.
(13) In relation to a municipality that has given notice under section 804.1 (3) [withdrawal from participation in Part 26 services],
(a) as soon as the notice has been given, the director for the municipality is not entitled to vote on any resolution or bylaw authorizing the regional district to enter into an agreement under section 804.1 (2), and
(b) effective the year following the year in which the notice is given and continuing until the municipality again becomes a participant, the director for that municipality is not entitled to vote on any resolution or bylaw under Part 26 except, if applicable, in relation to participation under section 804.1 (6) or (7) [limited continued participation].
(14) Subsections (2) to (7) do not apply to the Greater Vancouver Regional District.
(15) For the Greater Vancouver Regional District, on all resolutions and every reading and the adoption, amendment or repeal of all bylaws, except as otherwise provided, each director who is present and, if the resolution or bylaw is in respect of a service, who represents a participating area for that service,
(a) is entitled to vote, and
(b) subject to the establishing bylaw, has the number of votes assigned to that person under section 783 (2).
(16) Except as provided in subsection (17), if a resolution or bylaw under Part 25 is in relation to a regional growth strategy for an area that is less than the entire regional district, the directors who may vote are only those who represent a municipality or electoral area all or part of which is subject to the regional growth strategy.
(17) The voting rule in subsection (16) does not apply to votes on
(a) initiation of the regional growth strategy,
(b) boundary changes for the area to which the regional growth strategy is to apply,
(c) implementation agreements under section 868, or
(d) acceptance of a regional growth strategy for an adjoining regional district.
792 (1) At the first meeting held after December 1 in each year, the board must elect a chair and a vice chair.
(2) The vice chair has, during the absence, illness or other disability of the chair, all the powers of the chair and is subject to all rules applicable to the chair.
(3) If the chair and the vice chair are not present at a meeting of the board, the directors present may elect an acting chair who, during that meeting, has all the powers of the chair and is subject to all rules applicable to the chair.
(4) For the purposes of elections under this section, each director present at the meeting has one vote in each election for an office.
(5) The chair has the same powers and duties in relation to a regional district as the mayor of a municipality has in relation to a municipality under the following sections:
section 218 [powers and duties of mayor];
section 219 [mayor may return bylaw for reconsideration].
(6) In exercising the power established by section 219, the chair may return the bylaw, resolution or proceeding of the board for reconsideration at the meeting of the board following the adoption of the bylaw or resolution or the proceeding of the board, as applicable.
793 (1) and (2) [Repealed 1999-37-166.]
(3) On the request of the chair or of any 2 directors, the regional district officer assigned responsibility under section 198 [corporate administration] must call a special meeting by notice that
(a) states the general purpose and the day, hour and place of the meeting, and
(b) is mailed at least 5 days before the date of the meeting to each director at the address given by the director to that regional district officer for that purpose.
(4) The notice of any special meeting referred to in subsection (3) may be waived by a unanimous vote.
(5) In the case of an emergency, notice of a special meeting
(a) may be given, with the consent of the chair and 2 directors, less than 5 days before the date of the meeting, and
(b) need not be given in writing.
(6) A meeting of the board may take place outside the boundaries of the regional district if the board passes a resolution to that effect.
(7) The following apply to a regional district:
section 222.1 [regular and special council meetings];
section 227 (1) [mayor to preside];
section 228 [points of order];
section 229 [appeal from decision of mayor];
section 236 [minutes of council meetings];
Division 4.1 of Part 5.2 [Public Access to Municipal Meetings].
(8) The minister may, by regulation applying to one or more regional districts, make provision for obtaining and counting votes of the directors on urgent issues and for passing resolutions and adopting bylaws on those issues without the necessity of holding a regular or special meeting.
(9) Regulations under subsection (8) may establish rules respecting
(a) mechanisms for submitting urgent issues to the directors,
(b) the manner in which votes will be submitted by them, and
(c) the counting of votes and subsequent ratification by the board of the resolutions and bylaws.
794 (1) A board must, by bylaw, provide for the procedure that is to be followed for the conduct of its business and the business of its select and standing committees, including the manner by which resolutions may be passed and bylaws adopted.
(1.1) The bylaw under subsection (1) must provide for advance public notice respecting the time, place and date of board and committee meetings.
(2) A procedural bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the regional district officer assigned responsibility under section 198 [corporate administration] for that purpose, at least 5 days before the meeting at which the amendment is to be introduced.
(3) Subject to subsection (4), a board must not adopt a bylaw on the same day it has given the bylaw third reading.
(4) A bylaw that does not require approval, consent or assent under this or any other Act before it is adopted may be adopted at the same meeting at which it passes third reading if the motion for adoption receives at least 2/3 of the votes cast.
(5) The following apply for the purposes of this Part:
section 232 (1) and (2) [exercise of powers by bylaw or resolution];
section 237 [minutes of committees];
section 240 [witnesses at council or committee meetings];
section 257 (1), (3), (4) and (5) [requirements for passing bylaws];
section 258 [establishment of procedures for adopting bylaws];
section 258.1 [power to amend or repeal];
section 259 [when a bylaw comes into force];
section 259.1 [exercise of powers though municipal code];
section 259.2 [evidence of bylaw];
section 259.3 [bylaws must be available for public inspection];
Division 2 of Part 6 [Challenge of Bylaws];
Division 3 of Part 6 [Enforcement of Bylaws];
Division 5 of Part 6 [Consolidation and Revision of Bylaws].
795 (1) A board may appoint a select committee to consider or inquire into any matter and report its findings and opinion to the board.
(2) The chair may establish standing committees for matters the chair considers would be better dealt with by committee and may appoint persons to those committees.
(3) Subject to subsection (4), persons who are not directors may be appointed by the board to a select committee or by the chair to a standing committee.
(4) At least one member of each select and standing committee must be a director.
796 (1) Subject to the specific limitations and conditions established by or under this or another Act, a regional district may operate any service that the board considers necessary or desirable for all or part of the regional district.
(2) The authority under subsection (1) includes the authority to operate a service in an area outside the regional district as well as in the regional district itself.
(3) A regional district service may be operated directly by the regional district or through another public authority, person or organization.
796.1 (1) Before establishing a service referred to in section 796 (2) [services outside regional district], the board must
(a) obtain the consent of the other affected local government in accordance with subsection (2), and
(b) after receiving that consent, obtain the approval of the Lieutenant Governor in Council.
(2) For the consent required by subsection (1) (a),
(a) if the area is in a municipality, the consent of the council of the municipality is required, and
(b) if the area is not in a municipality, the consent of the regional district board for the area is required.
(3) The Lieutenant Governor in Council may, in an approval referred to in subsection (1) (b), establish restrictions and conditions on the establishment and operation of a service in a participating area that is outside the regional district.
(4) Subject to an approval under subsection (3), if a service referred to in subsection (1) is established,
(a) the area outside the regional district must be identified as a separate participating area for the service,
(b) the provisions of this Part apply with respect to the participating area as if it were located in the regional district, and
(c) the powers, duties and functions of the regional district extend to the participating area as if it were located in the regional district.
796.2 (1) Section 518.1 [authority to classify, regulate, prohibit and license] applies in relation to a service under this Part, other than a regulatory service.
(2) If a regional district has established works or facilities outside the regional district for the purposes of a regional district service, the board may, by bylaw, regulate the use of the works and facilities.
(3) If a board enters into a mutual aid agreement respecting the use of equipment and personnel, that use may be undertaken inside or outside the service area.
796.3 (1) This section applies to bylaws under this Part
(a) that were in force on the date that section 803, as it then was, was repealed by the Local Government Statutes Amendment Act, 2000, or
(b) that had received first reading before that date and were adopted within one year after that date.
(2) Subject to subsection (3), provisions in the bylaws that are the exercise of regulatory authority do not apply within a municipality unless the bylaw expressly provides this application.
(3) If, at the time referred to in subsection (1), letters patent conferred exclusive jurisdiction on a board as referred to in section 803 (1) (b) before the repeal referred to in subsection (1) of this section, the authority of the regional district under section 803 (1) (b) continues as if the section had not been repealed.
797 (1) The following provisions of Part 15 [Municipal Services] apply to regional districts:
Division 3 [Fire Protection];
Division 4 [Health];
Division 7 [Waste and Recycling].
(2) Division 6 of Part 15 [Sewers, Drains and Drainage], other than section 549 [district municipality drainage works], applies to regional districts.
(3) Division 8 of Part 15 [Miscellaneous], other than section 552 [use of highways or municipal rights of way] as it applies to highways and section 554 [charges for cleaning and clearing highways], applies to regional districts.
797.1 (1) If a board establishes any of the following services, the indicated provisions apply in relation to the service:
(a) in relation to the numbering of buildings, section 530 (a) [special authority in relation to highways];
(b) in relation to building inspection, Part 21 [Building Regulations];
(c) in relation to animal control,
Section 703 (1) (a) [keeping of certain animals],
Section 704 (e) [leashing and other dog control],
Section 705 [dog licences],
Section 706 [compensation for injuries to livestock],
Section 707 (1) [animal pounds], and
Section 707.1 [dangerous dogs];
Section 707 (1) [animal pounds];
(d) in relation to the control of pollution, nuisances, pests, noxious weeds, noise, unsightly premises, unwholesome or noxious materials, odours and disturbances,
Section 724 [noise control],
Section 725 (1) (a) to (h) and (2) [nuisances and disturbances], and
Section 728 (1) (e) [fireworks];
(e) in relation to the regulation of fire alarm systems and security alarm systems, section 726;
(f) in relation to the control of the deposit and removal of soil, rock, gravel, sand and other substances of which land is composed and control of the deposit of other materials, section 723.
(2) If a board establishes a cemetery service under the Cemetery and Funeral Services Act, the board may exercise the same powers with the same limitations as a municipal council under that Act.
(3) Despite section 182 [prohibition against providing assistance to business], a regional district may operate the service of
(a) providing capital financing for services provided by a telephone, natural gas or electric power utility, or
(b) the giving of grants to an applicant for a business promotion scheme under section 651.2 [mountain resort business improvement areas].
(4) A board may, by bylaw, establish the service of the regulation, storage and management of municipal solid waste and recyclable material, including the regulation of facilities and commercial vehicles used in relation to these matters;
(5) If a board adopts a bylaw under subsection (4), the board has and must exercise its authority in accordance with the Waste Management Act and regulations under that Act.
797.2 (1) The following apply to regional districts in relation to their services:
Section 363 [fees and charges];
Section 364 [special fees and charges that are liens against property];
Section 376 [fees and charges that may be collected as taxes].
(2) For the purposes of this, section 376 (3) applies to all amounts deemed to be taxes in arrear.
797.3 (1) A board may, by bylaw, provide for a referendum in the whole or a part of one or more municipalities or electoral areas to obtain the opinion of the electors on a question regarding a service that is or that may be operated by the regional district.
(2) Section 801.2 [approval of the electors by voting] applies to a referendum under this section as if the areas in which the referendum is to be conducted were proposed participating areas.
797.4 (1) The owners of parcels in an electoral area may sign and submit to the regional district a petition for a service in all or part of that electoral area.
(2) A petition referred to in subsection (1) must
(a) describe in general terms the service that is proposed,
(b) define the boundaries of the proposed service area,
(c) indicate in general terms the proposed method for recovering annual costs, and
(d) contain other information that the board may require.
(3) Section 632 [sufficiency of petition] applies to a petition under subsection (1).
(4) To be a sufficient petition for the purposes of section 632 (1), a petition
(a) must be signed by at least 2/3 of the owners of parcels liable to be charged for the proposed service, and
(b) must be signed by a sufficient number of owners of parcels liable to be charged for the proposed service that the total value of their parcels represents at least 1/2 of the net taxable value of all land and improvements within the proposed service area.
798 The following provisions apply to regional districts:
Section 247 [incidental powers];
Section 248 [further powers in relation to municipal assets];
Section 249 [further powers for public good];
Section 302 [power to reserve land for public purpose];
Section 303 [power to dedicate land for public purpose];
Section 305 [effect of reservation and dedication];
Section 305.1 [control of Crown land parks dedicated by subdivision];
Section 305.2 [exchange of dedicated land];
Section 309 [expropriation power];
Section 309.1 [authority in relation to services];
Section 311 [entry on land to mitigate damage];
Section 312 [compensation for non-expropriation actions];
Section 313 [funding for expropriation and mitigation];
Section 314 [power to accept property on trust].
798.1 If the powers conferred on a board are inadequate to deal with an emergency that is not an emergency within the meaning of the Emergency Program Act, the board may, by bylaw adopted by at least 2/3 of the votes cast, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.
799 (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified regional district or a described class of regional districts:
(a) grant a power to the regional district or class, including powers conferred on a municipality by this or another enactment;
(b) provide an exception to or a modification of a requirement established by an enactment;
(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding
(i) the grant of a power under paragraph (a) or the exercise of it, or
(ii) an exception or modification under paragraph (b) or the taking of its benefit.
(2) Section 251 (2) [restrictions on additional powers and exceptions that may be granted to municipalities] applies for the purposes of subsection (1).
(3) In addition to the restrictions under section 251 (2), a regulation under this section must not
(a) confer an authority otherwise available to a regional district, including any power that may be exercised under section 798.1 [emergency powers], or
(b) do any other thing prohibited by regulation under subsection (4).
(4) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.
800 (1) In order to operate a service, the board must first adopt an establishing bylaw for the service in accordance with this Division.
(2) As an exception, a bylaw under this section is not required to establish the following:
(a) general administration, other than electoral area administration;
(b) electoral area administration;
(c) undertaking feasibility studies in relation to proposed services;
(d) a service under section 4 (1) of the Hospital District Act;
(e) undertaking a referendum under section 797.3 [referendums regarding services];
(f) a service for which authority is expressly provided by another Part of this Act, other than a regulatory service;
(g) a local community commission under section 838;
(h) the giving of grants to an applicant for a business promotion scheme under section 651.2 [mountain resort business improvement areas];
(i) if the regional district board is authorized to appoint an approving officer under section 77.1 of the Land Title Act, services related to the approving officer.
800.1 (1) An establishing bylaw for a service must do the following:
(a) describe the service;
(b) define the boundaries of the service area;
(c) identify all municipalities and electoral areas that include participating areas for the service;
(d) indicate the method of cost recovery for the service, in accordance with section 803 [options for cost recovery];
(e) set the maximum amount that may be requisitioned for the service, by
(i) specifying a maximum amount,
(ii) specifying a property value tax rate that, when applied to the net taxable value of land and improvements in the service area, will yield the maximum amount, or
(iii) specifying both a maximum amount and a property value tax rate as referred to in subparagraphs (i) and (ii), in which case the maximum amount is whichever is greater at the applicable time.
(2) As an exception, the requirement of subsection (1) (e) does not apply to an establishing bylaw for the following:
(a) a regulatory service;
(b) coordination, research and analytical services relating to the development of the regional district;
(c) social planning services;
(d) the promotion of economic development;
(e) programs in preparation for emergencies;
(f) emergency communication systems;
(g) regional parks;
(h) services related to heritage conservation;
(i) participation in a regional library district under Part 3 of the Library Act.
(3) If an establishing bylaw covers more than one service, it must separately indicate the matters under subsection (1) for each service.
800.2 (1) An establishing bylaw for a service may do one or more of the following:
(a) set out the method of apportionment of costs among the participating areas, if this is to be different from the method established by section 804 (2) (a) [general apportionment rule];
(b) in relation to resolutions and bylaws respecting the administration and operation of the service, establish the method for determining the number of votes to which a director is entitled if this is to be different from that otherwise established under section 791 (4) (b) [number of votes per director in respect of administration and operation of services];
(c) if the administration and operation of the service is to be delegated to a body established by the board, provide for appointments to the body and establish voting rules for the body in relation to the service;
(d) establish terms and conditions for withdrawal from the service;
(e) include any other provisions respecting the establishment and operation of the service that the board considers appropriate.
(2) As a limit on subsection (1) (b), each director for a participating area must be entitled to at least one vote.
(3) If a proposed establishing bylaw includes provisions referred to in subsection (1) (d), in addition to the approval of the electors required under section 801 [approval of establishing bylaws], each participant must consent to the provisions before the bylaw is submitted for approval of the electors.
(4) As an exception to subsection (1) (a), if a board chooses to adopt an establishing bylaw for a service referred to in section 800 (2) (a) to (d) [general administration, electoral area administration, feasibility studies and regional hospital district], the establishing bylaw may not set out a method of cost apportionment different from that established by section 804 (2) (a) [general apportionment rule].
801 (1) An establishing bylaw has no effect unless, before its adoption, it receives
(a) the approval of the inspector, and
(b) the approval of the electors in the participating areas for the service.
(2) Approval of the electors required by this section means whichever of the following is applicable:
(a) approval of the electors given separately for each participating area in the proposed service area;
(b) if the board passes an authorizing resolution by at least 2/3 of the votes cast, approval of the electors in the entire proposed service area.
(3) Approval of the electors required by this section may be given by
(a) assent of the electors in accordance with section 801.2 [approval by voting],
(b) if applicable, approval of the electors by counter petition opportunity in accordance with section 801.3 [approval by counter petition], or
(c) if applicable, consent given on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal electors] or 801.5 [consent on behalf of electoral area electors].
801.1 (1) If approval of the electors is to be obtained for the entire service area,
(a) the board may choose the method,
(b) in the case of approval by counter petition opportunity, the board is responsible for obtaining the approval, and
(c) in the case of approval by assent of the electors, at the option of the board,
(i) the board is responsible for conducting the voting throughout the proposed service area, or
(ii) the board and councils are responsible for conducting the voting in the same manner as under subsection (2), with the results of the voting in these areas added together.
(2) If approval of the electors is to be obtained separately for each participating area,
(a) subject to subsection (3), for a municipal participating area, the council may choose the method and is responsible for obtaining the approval, and
(b) for an electoral participating area, the board may choose the method and is responsible for obtaining the approval.
(3) If, within 30 days after third reading of the establishing bylaw, a council
(a) has notified the regional district that it is refusing to seek approval of the electors, or
(b) fails to give any notice to the regional district with respect to how approval is to be obtained,
the board may pass a resolution under section 801 (2) (b) [approval of establishing bylaws – entire area] to have approval obtained for the entire service area in accordance with subsection (1) of this section.
(4) Despite section 40 (1) [costs of elections], if a council is authorized to give consent on behalf of the electors in accordance with section 801.4 [consent on behalf of municipal electors] but does not exercise this authority, the municipality is responsible for the costs of obtaining the approval of the electors in the participating area.
801.2 (1) Approval of the electors under this section is obtained, through assent of the electors under Part 4 [Other Voting], if
(a) in the case of approval under section 801 (2) (a) [each participating area separately], for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw, or
(b) in the case of approval under section 801 (2) (b) [entire service area], a majority of votes counted as valid is in favour of the bylaw.
(2) In the case of approval under section 801 (2) (b) [entire service area], for the purposes of determining who is entitled to vote under section 161, the voting area is deemed to be all the proposed participating areas.
801.3 (1) Approval of the electors under section 801 (2) (a) [each participating area separately] or 801 (2) (b) [entire service area] may be obtained under Division 5 of Part 4 [Other Voting – Counter Petition Opportunities] if
(a) the maximum amount that may be requisitioned for the service is the amount equivalent to 50¢ for each $1 000 of net taxable value of land and improvements included in the service area, or
(b) the bylaw relates to a service for
(i) the collection, conveyance, treatment or disposal of sewage,
(ii) the supply, treatment, conveyance, storage or distribution of water, or
(iii) the collection, removal or disposal of solid waste or recyclable material.
(2) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (1) must include
(a) a copy of the bylaw, or
(b) a synopsis of the bylaw that includes
(i) in general terms, the intent of the bylaw,
(ii) the proposed service area, and
(iii) the place where and dates and times when copies of the bylaw may be inspected.
801.4 (1) For a proposed municipal participating area that is all of a municipality, approval of the electors under section 801 (2) (a) [each participating area separately] may be given under this section.
(2) Approval is given under this section by the council
(a) consenting on behalf of the electors to adoption of the proposed bylaw, and
(b) notifying the board of its consent.
801.5 (1) For a proposed electoral participating area, the board may authorize approval under section 801 (2) (a) [each participating area separately] to be given under this section
(a) if the board receives a sufficient petition under section 797.4 [petition for services], or
(b) in the case of an establishing bylaw for a service referred to in section 800.1 (2) [no requisition limit required], if
(i) the participating area includes all of the electoral area, and
(ii) the service can be established without borrowing.
(2) Consent under this section is given on behalf of the electors in the proposed participating area by the electoral area director consenting in writing to adoption of the bylaw.
(3) If approval under this section is authorized under subsection (1) but the director refuses to give the consent referred to in subsection (2), the board may, by a resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the proposed participating area.
(4) A director whose consent is dispensed with under subsection (3) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order
(a) that the consent of the board under subsection (3) stands,
(b) that the approval be obtained under section 801.2 [approval by voting], or
(c) that the approval be obtained under section 801.3 [approval by counter petition opportunity].
801.6 (1) If a board proposes to borrow money for the start of a service, the establishing bylaw and the loan authorization bylaw must, for the purposes of obtaining approval of the electors under this Division, be dealt with as if they were one bylaw.
(2) The regional district officer assigned responsibility under section 198 [corporate administration] must file a copy of each establishing bylaw with the inspector after it has been adopted.
802 (1) Subject to an order under subsection (4) or (5), an establishing bylaw may be amended or repealed, at the option of the board,
(a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or
(b) with the consent of at least 2/3 of the participants.
(2) Sections 801.4 (2) [consent on behalf of municipal electors] and 801.5 (2) to (4) [consent on behalf of electoral area electors] apply to consent under subsection (1) (b) of this section.
(3) A bylaw amending or repealing an establishing bylaw has no effect unless it is approved by the inspector.
(4) The minister may order that a bylaw amending or repealing an establishing bylaw may only be adopted in accordance with the requirements applicable to the adoption of the bylaw that it repeals or amends.
(5) In addition to the requirement under subsection (1) or (4), as applicable, the minister may order that, before the bylaw is adopted, it must receive the approval of the electors
(a) in one or more specified participating areas, or in specified parts of one or more participating areas, or
(b) in the entire service area,
obtained in accordance with section 801.2 [approval by voting] or 801.3 [approval by counter petition], as specified by the minister.
(6) Section 159 (3) [minister may waive requirement for assent] does not apply to a bylaw amending or repealing an establishing bylaw.
(7) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw amending or repealing an establishing bylaw with the inspector after it has been adopted.
802.1 (1) A bylaw amending an establishing bylaw may provide for changes to the boundaries of a service area, including merging 2 or more service areas.
(2) If a bylaw amending an establishing bylaw extends an existing service to a new participating area, the proposed participating area must be included as a participating area and the participant for the proposed participating area must be included as a participant for the purposes of section 802.
802.2 (1) Subject to subsection (2), if
(a) a bylaw amending an establishing bylaw, or
(b) a conversion bylaw under section 774.2 (3)
is required in order to borrow money for a service, the amending or conversion bylaw and the loan authorization bylaw may, for the purposes of obtaining approval of the electors under sections 801 to 801.5, be dealt with as if they were one bylaw.
(2) The minister may order that approval of the electors to an amending or conversion bylaw referred to in subsection (1) must be obtained separately from the approval of the loan authorization bylaw.
802.3 If a bylaw adds, repeals or amends provisions of an establishing bylaw referred to in section 800.2 (1) (d) [terms and conditions for withdrawal], each participant must consent to the changes before the bylaw is submitted for approval in accordance with the requirements of section 802.
803 (1) A regional district may recover the costs of its services by one or more of the following:
(a) property value taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];
(b) subject to subsection (2), parcel taxes imposed in accordance with Division 4.3 [Requisition and Tax Collection];
(c) fees and charges imposed under section 797.2 [general authority in relation to fees];
(d) revenues raised by other means authorized under this or another Act;
(e) revenues received by way of agreement, enterprise, gift, grant or otherwise.
(2) Parcel taxes may not be used to recover all or part of the costs of a regulatory service.
(3) In the case of a service for which an establishing bylaw is required, if all or part of the costs are to be recovered by one or more of the methods referred to in subsection (1) (a) to (c), the establishing bylaw must indicate which methods are to be used.
803.1 (1) All costs incurred by a regional district in relation to a service, including costs of administration attributable to the service, are part of the costs of that service.
(2) Subject to subsection (3), the amount required by a board
(a) for a payment authorized under section 287.2 [indemnification against proceedings],
(b) to satisfy a judgment or other order of a court against the regional district, or
(c) to satisfy an award or other order of an arbitrator against the regional district
is deemed to be costs of the service out of which the action arose.
(3) If the legal action or other proceeding arose from the negligence of the board, the amount is deemed to be costs of the general administration service referred to in section 800 (2) (a).
(4) If a regional district undertakes a service after conducting a feasibility study in respect of the service, the costs of that study are deemed to be costs of that service.
(5) If a referendum under section 797.3 [referendums regarding services] is limited to all or part of the service area for an existing service, the costs of the referendum are deemed to be costs of the service.
(6) For the purposes of apportionment under this Division and requisition under Division 4.3 [Requisition and Tax Collection], the costs of providing a service are deemed to be the costs that are to be recovered by means of property value taxes or parcel taxes.
804 (1) If the establishing bylaw sets the method for apportioning the costs of providing a service, those costs must be apportioned among the participating areas in accordance with the bylaw.
(2) If the method of apportionment is not set by establishing bylaw, the costs of providing a service must be apportioned on the basis of the converted value of land and improvements in the service area as follows:
(a) if there is an establishing bylaw but it does not set out the method of apportionment, among the participating areas for the service;
(b) if there is no establishing bylaw and the method of apportionment is not otherwise set by or under this or another Act, among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;
(c) in the case of electoral area administration,
(i) subject to subparagraph (ii), among all the electoral areas, with the service area deemed to be all the electoral areas, and
(ii) if the board provides that some or all of the costs are to be apportioned among the electoral areas that the board considers benefit from the administration, those costs must be apportioned among those electoral areas, with the service area deemed to be all those electoral areas;
(d) in the case of feasibility studies in relation to proposed services, if no service is established and the board provides that the costs are to be apportioned among the electoral areas, among all the electoral areas, with the service area deemed to be all those electoral areas;
(e) in the case of services related to an approving officer, if the board is authorized to appoint the approving officer under section 77.1 of the Land Title Act, among all the electoral areas, with the service area deemed to be all those electoral areas;
(f) in the case of a service that is in relation to a regional growth strategy for an area that is less than the entire regional district, among the areas for which the regional growth strategy is initiated or adopted, with the service area being all those areas;
(g) in the case of assistance under section 176 (1) (c) [corporate powers – assistance], other than assistance under a partnering agreement referred to in section 183, at the option of the board,
(i) in accordance with paragraph (b), or
(ii) among the municipalities or electoral areas benefiting from the assistance, with the service area deemed to be all those areas;
(h) in the case of a referendum under section 797.3 [referendums regarding services] that is not limited to all or part of the service area for an existing service, among the municipalities and electoral areas in which the referendum is held, with the service area deemed to be all those areas;
(i) in the case of a local community commission under section 838, entirely from the local community, with the service area deemed to be that local community;
(j) in the case of a mountain resort business improvement area under section 651.2, entirely from that area, with the service area deemed to be the mountain resort business improvement area;
(k) in the case of services under Part 26, in accordance with section 804.1 [cost sharing for Part 26 services].
804.1 (1) The costs of services under Part 26 [Planning and Land Use Management] must be apportioned on the basis of the converted value of land and improvements in the service area as follows:
(a) if no municipality has entered into an agreement under subsection (2) or opted out under subsection (3), among all the municipalities and electoral areas, with the service area deemed to be the entire regional district;
(b) subject to paragraphs (c) and (d), if one or more municipalities have opted out under subsection (3) and are no longer participants, among the electoral areas and any municipalities that have not opted out, with the service area deemed to be those areas;
(c) if one or more municipalities have entered into an agreement under subsection (2) to share only some of the costs, those costs are to be recovered in accordance with the agreements and the remaining costs are to be apportioned among the other participants;
(d) if a municipality is liable for costs under subsection (6) or (7), those costs are to be recovered from the municipality and the remaining costs are to be apportioned among the other participants.
(2) The board and a municipality may enter into an agreement that the municipality is to share in some but not all of the costs of services under Part 26, to the extent set out in the agreement and in accordance with the terms and conditions for the municipality's participation established by the agreement.
(3) Subject to subsection (4), a municipality may opt out of participation in services under Part 26 by giving notice to the board, before August 31 in any year, that until further notice it will no longer share the costs of services under Part 26.
(4) A municipality that is a party to an agreement under subsection (2) may give notice under subsection (3) only in the last year of the term of the agreement.
(5) After notice is given under subsection (3), the municipality ceases to be a participant in the services, effective at the start of the following year.
(6) As an exception to subsection (5), if a municipality that is not a party to an agreement under subsection (2) gives notice under subsection (3) after a board has passed a resolution authorizing the preparation of an official community plan or bylaw under Part 26, the municipality continues as a participant and must share the costs in that preparation until the earlier of the following:
(a) the date the plan or bylaw is adopted;
(b) 2 years after the date the resolution is passed.
(7) Subsection (6) also applies to a municipality that is a party to an agreement under subsection (2) if the official community plan or bylaw is in relation to the Part 26 services for which the municipality shares costs under the agreement.
804.2 (1) As soon as practicable after the relevant information is available, the assessment commissioner must provide to the designated regional district officer and to the inspector
(a) the net taxable value of land and improvements, and
(b) the converted value of land and improvements
in each municipality, electoral area and participating area.
(2) If adjustments are made under the Assessment Act to the values referred to in subsection (1), the assessment commissioner must provide particulars to the designated regional district officer and to the inspector.
(3) If, in respect of a year,
(a) adjustments referred to in subsection (2) are made, and
(b) the share of the cost of all the services of the regional district that was apportioned to and borne by a municipality or an electoral area in that year would, had those adjustments been taken into account, have increased or decreased by more than $1 000,
the share of the cost apportioned to and borne by the municipalities and electoral areas must be adjusted in a manner directed by the minister in the next requisition after the adjustment.
804.3 (1) In the case of a participating area for a service for which no establishing bylaw is required, property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.
(2) In the case of a municipal participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:
(a) the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes;
(b) the assessed value of land in the participating area, other than land exempt from taxation for municipal purposes;
(c) the assessed value of improvements in the participating area, other than improvements exempt from taxation for municipal purposes;
(d) the net taxable value of land and improvements in the participating area;
(e) the net taxable value of land in the participating area;
(f) the net taxable value of improvements in the participating area.
(3) As an exception to subsection (2), for a municipal participating area that is all or part of the City of Vancouver, property value taxes may be imposed on the basis set out in the establishing bylaw for the service.
(4) If a board fails to exercise its authority under subsection (2) or (3), property value taxes must be imposed on the basis of the assessed value of land and improvements in the participating area, other than land and improvements exempt from taxation for municipal purposes.
(5) In the case of an electoral participating area for a service for which an establishing bylaw is required, the establishing bylaw may provide that property value taxes must be imposed on the basis of one or more of the following:
(a) the net taxable value of land and improvements in the participating area;
(b) the net taxable value of land in the participating area;
(c) the net taxable value of improvements in the participating area.
(6) If a board fails to exercise its authority under subsection (5), property value taxes must be imposed on the basis of the net taxable value of land and improvements in the participating area.
805 (1) On or before April 10 in each year, the designated regional district officer must send to each municipality a requisition in respect of each service stating the amount required from the municipality for the service during the year.
(2) An amount requisitioned under this section is a debt due by the municipality to the regional district, and the council must pay it to the board on or before August 1 of the current year.
805.1 (1) If a requisition is delivered to a municipality, the amount requisitioned must be collected by the municipality as follows:
(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax in accordance with Division 1 of Part 10.1 using the tax base authorized under section 804.3 [tax base for property value taxes];
(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax in accordance with Division 2 of Part 10.1.
(2) Part 10.1 [Taxes, Fees and Charges] applies for the purposes of taxation under this section.
(3) If a participating area is only part of a municipality, taxes under this section in respect of the service may only be imposed in the municipal participating area for the service.
806 (1) On or before April 10 in each year, the designated regional district officer must send to the inspector a requisition in respect of each service stating the amount required during the year in respect of each electoral participating area.
(2) The inspector
(a) must consider whether the amounts requisitioned are budgeted,
(b) if satisfied that an amount has not been budgeted, or has been budgeted for a purpose not within the powers of the board, may deduct that amount from the appropriate requisition, and
(c) must send the examined requisitions to the Minister of Finance and Corporate Relations.
(3) The amounts requisitioned under this section may be paid by the Minister of Finance and Corporate Relations from the consolidated revenue fund.
806.1 (1) If a requisition is delivered to the Minister of Finance and Corporate Relations, the amount requisitioned must be collected by the Provincial government as follows:
(a) in the case of an amount to be recovered by means of a property value tax, by imposing the tax within the electoral participating areas in accordance with the Taxation (Rural Area) Act, having due regard to the tax base authorized under section 804.3 [tax base for property value taxes];
(b) in the case of an amount to be recovered by means of a parcel tax, by imposing the tax on the appropriate parcels within the electoral participating areas, on the basis of the assessment roll under subsection (2).
(2) If a parcel tax is to be imposed under this section,
(a) the board must, by bylaw, provide for the preparation of an assessment roll for each parcel of land in the service area, and for these purposes Division 2 of Part 10.1 [Taxes, Fees and Charges – Parcel Taxes] applies,
(b) the authenticated assessment roll for the tax must be forwarded to the Surveyor of Taxes before February 28 in each year, and
(c) the authenticated assessment roll is to be used as the basis for the tax, subject to any deletions required to reflect deletions from the supplementary roll used under the Taxation (Rural Area) Act.
(3) The Minister of Finance and Corporate Relations may direct that an amount to cover the costs and outlays of assessment and collection is to be added to and included as part of an amount to be levied and collected under this section.
(4) An amount to be recovered under this section must be imposed by the Provincial government as if it were a tax under the Taxation (Rural Area) Act, and the provisions of that Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply to taxes imposed under this section.
807 (1) On or before February 1 in each year, the amount received by a municipality, or by the Surveyor of Taxes for an electoral area, by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Grants Act, 1980 (Canada) in the immediately preceding year must be paid to the board.
(2) The amount received by a municipality by way of a grant in place of taxes for regional district purposes within the regional district under the Municipal Aid Act or from a Crown corporation or agency must be paid to the board promptly after receipt.
(3) An amount paid under subsection (1) or (2) must be applied proportionately to the accounts for the services in respect of which the grant is paid.
808 (1) In this section, "variable tax rate system" means a system under this section by which individual tax rates for a specific taxation year are determined and imposed for each property class to which the system applies.
(2) Despite section 806.1 [collection in electoral areas] but subject to the regulations under this section, a board may, by bylaw, establish an annual variable tax rate system for a specified taxation year.
(3) A variable tax rate system
(a) may only apply to tax rates for one or more of regional district services,
(b) may only vary tax rates for property classes 2, 4 and 5, and
(c) must not result in the ratios between the tax rate for a property class referred to in paragraph (b) and the tax rate for property class 1 exceeding either
(i) the applicable ratio prescribed under subsection (6), if any, or
(ii) the applicable ratio under section 20 (2) of the Taxation (Rural Area) Act.
(4) For each service subject to a variable tax rate system, the bylaw must set out the ratio between the tax rate for each property class subject to the system and the tax rate for property class 1.
(5) A bylaw under subsection (2) must be approved by the inspector and, for this purpose, must be submitted to the inspector by January 31 in the taxation year for which it is to apply.
(6) Subject to subsection (8), the Lieutenant Governor in Council may make regulations respecting variable tax rate systems, including regulations doing one or more of the following:
(a) prescribing limits on tax rates;
(b) prescribing ratios between the tax rate for a property class and the tax rate for property class 1;
(c) prescribing formulas for calculating the limits or ratios referred to in paragraph (a) or (b).
(7) Regulations under subsection (6) may prescribe different tax limits, ratios or formulas in relation to one or more of the following:
(a) different property classes;
(b) different regional districts;
(c) different services;
(d) different service areas;
(e) different types of participating areas.
(8) A regulation under subsection (6) may not prescribe a ratio for the purposes of subsection (3) (c) that would exceed the applicable ratio established under section 20 (2) of the Taxation (Rural Area) Act.
809 (1) Land and improvements owned or held by a regional district are exempt from taxation when used for its own purposes, but otherwise are subject to taxation, as applicable,
(a) under section 357 as if the property were owned by a municipality, or
(b) under section 18 (4) of the Taxation (Rural Area) Act as if the property belonged to the Crown.
(2) Despite subsection (1), the owner of land or improvements, or both, leased or rented to the regional district is liable for the payment of taxes that would otherwise be imposed with respect to that property under any Act.
(3) On or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, exempt the property described in subsection (4) from taxation under this Part for
(a) the next calendar year, or
(b) with the assent of the electors, a specified period not longer than 10 years.
(4) The following property that is in an electoral area may be exempted from taxation under subsection (3):
(a) land or improvements, or both, owned or held by, or held in trust by the owner for, an athletic or service organization and used principally for public athletic or recreation purposes;
(b) land or improvements, or both, used or occupied by a church as tenant or licensee for the purpose of public worship or for the purposes of a church hall that the board considers necessary to the church;
(c) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a board of school trustees;
(d) land that is owned and used exclusively by an agricultural or horticultural society and that is in excess of the area exemption under section 15 (1) (j) of the Taxation (Rural Area) Act;
(e) an interest held by a francophone education authority in school buildings that the francophone education authority uses or occupies as licensee of a board of school trustees;
(f) an interest held by a non-profit organization in school buildings that the organization uses or occupies as tenant or licensee of a francophone education authority.
(5) An exemption under subsection (3) may be limited to a specified portion of the net taxable value of the property to which the exemption applies.
(6) If, because of a change in the use or ownership of property exempted from taxation by bylaw under subsection (3), the property no longer meets the requirements for exemption established by subsection (4), the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.
(7) Assent of the electors as required by subsection (3) (b) is obtained if, by voting conducted throughout the regional district, a majority of the votes counted as valid in all voting on the bylaw is in favour of the bylaw.
(8) Part 4 applies to voting for the purposes of subsection (7), with voting to be conducted either, at the option of the board,
(a) by the board throughout the regional district, or
(b) by the council of each municipality and by the board for that part of the regional district that is not in a municipality, with the results of voting in these areas totalled to determine whether assent has been obtained.
810 (1) In this section and section 810.1, "eligible heritage property" means property in an electoral area that is
(a) protected heritage property,
(b) subject to a heritage revitalization agreement under section 966, or
(c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.
(2) Despite section 182 [prohibition against assistance to business] but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year, a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt from taxation under this Part all or part of
(i) the eligible heritage property, and
(ii) if the eligible heritage property is a building or other improvement so affixed to the land as to constitute real property, an area of land surrounding the eligible heritage property;
(b) limit an exemption under paragraph (a) to a specified portion of the net taxable value of the property to which the exemption applies;
(c) make an exemption under this subsection subject to specified conditions.
(3) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not longer than 10 years.
(4) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (3) (b) of this section must
(a) identify the eligible heritage property that would be subject to the bylaw, and
(b) describe the exemption that would be made for the eligible heritage property.
(5) Within 30 days after adopting a bylaw under this section, the board must give notice of the bylaw to the minister responsible for the Heritage Conservation Act in accordance with section 977.
810.1 (1) A bylaw under section 810 may provide that, if any of the following circumstances as specified in the bylaw occurs, the board may require the owner of the eligible heritage property at that time to pay to the regional district the amount calculated under subsection (2):
(a) if the eligible heritage property is destroyed, whether with or without proper authorization under the requirements of the heritage protection of the property;
(b) if the eligible heritage property is altered by or on behalf of the owner without proper authorization under the requirements of the heritage protection of the property;
(c) if any other circumstances specified in the bylaw occur.
(2) The amount that may be required under subsection (1) is the amount equivalent to
(a) the total taxes exempted under the bylaw under section 810
plus
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 379 [taxes in arrear].
(3) A bylaw under section 810 that includes a provision under subsection (1) may only be adopted with the consent of the current owner of the eligible heritage property to which the bylaw applies.
(4) If a bylaw under section 810 includes a provision under subsection (1), within 30 days after the bylaw is adopted, the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 [notice on land titles] applies.
(5) If a bylaw under section 810 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (2), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).
(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).
(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may
(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible heritage property, in which case section 376 (2) (b), (3) and (4) [special fees and charges that are to be collected as taxes] applies, or
(b) make an agreement with the current owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.
811 (1) In this section and section 811.1:
"eligible riparian property" means property that meets all the following requirements:
(a) the property must be riparian land;
(b) the property must be subject to a covenant under section 219 of the Land Title Act that relates to the protection of the property as riparian property;
(c) the regional district granting the exemption under this section must be a covenantee in whose favour the covenant referred to in paragraph (b) is made;
(d) any other requirements prescribed under subsection (6);
"eligible value" means the portion of the net taxable value of the parcel of land in relation to which an exemption under subsection (2) is made that is equivalent to the ratio of
(a) the area of the eligible riparian property that is exempted under subsection (2) (a)
to
(b) the area of the parcel of land in relation to which the exemption is made.
(2) Despite section 182 [prohibition against assistance to business] but subject to subsections (3) and (4) of this section, for the purposes of supporting the conservation of an eligible riparian property, on or before October 31 in any year a board may, by bylaw adopted by at least 2/3 of the votes cast, do one or more of the following:
(a) exempt all or part of the eligible riparian property from taxation under this Part;
(b) limit an exemption under paragraph (a) to a specified portion of the eligible value of the property to which the exemption applies;
(c) make an exemption under this subsection subject to specified conditions.
(3) An exemption under subsection (2) may apply only to that part of the eligible riparian property that is a riparian area.
(4) A bylaw under subsection (2) may provide a tax exemption
(a) for the next calendar year, or
(b) if a counter petition opportunity has been provided in relation to the bylaw, for a specified period not greater than 10 years.
(5) In addition to the information required by section 172.4, the notice of a counter petition opportunity under subsection (4) (b) of this section must
(a) identify the eligible riparian property that would be subject to the bylaw, and
(b) describe the exemption that would be made for the eligible riparian property.
(6) The Lieutenant Governor in Council may, by regulation, establish additional requirements for property to be considered eligible riparian property.
811.1 (1) A bylaw under section 811 may provide that, if
(a) there is a contravention of any of the conditions of the covenant under section 219 of the Land Title Act in relation to which the exemption is given,
(b) the covenant is discharged before the end of the period of the exemption, or
(c) any other circumstances specified in the bylaw occur,
the board may require the owner of the eligible riparian property at that time to pay to the regional district the amount referred to in subsection (2).
(2) The amount that may be required under subsection (1) is the amount equivalent to
(a) the total taxes exempted under the bylaw under section 811
plus
(b) interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate referred to in section 379 [taxes in arrear].
(3) A bylaw under section 811 that includes a provision under subsection (1) may only be adopted with the consent of the owner of the eligible riparian property to which the bylaw applies.
(4) If a bylaw under section 811 includes a provision under subsection (1), within 30 days after the bylaw is adopted the board must have notice of the bylaw filed in the land title office, and for this purpose section 976 [notice on land titles] applies.
(5) If a bylaw under section 811 includes a provision under subsection (1) and a circumstance specified in the provision occurs, the board may, by bylaw adopted by at least 2/3 of the votes cast, either
(a) require the owner to pay the amount referred to in subsection (2), or
(b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (2).
(6) If a board does not adopt a bylaw under subsection (5) (a) within one year after it becomes aware of the circumstance in relation to which the bylaw could be adopted, the board is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (2).
(7) If a board adopts a bylaw under subsection (5) (a) within the time period referred to in subsection (6), the board may
(a) require the Surveyor of Taxes to add the amount referred to in subsection (2) to the taxes payable on the eligible riparian property, in which case section 376 (2) (b), (3) and (4) [special fees and charges that are to be collected as taxes] applies, or
(b) make an agreement with the owner regarding payment of the amount referred to in subsection (2) as a personal debt to the regional district.
812 (1) A board may, by bylaw, exempt from taxation under this Part, all or part of the land, improvements or both, owned or held by a party to a partnering agreement with the regional district, during all or part of the term of the agreement.
(2) An exemption under this section may only be provided for that portion of the land or improvements used for a public purpose.
(3) If the term of the exemption authorized in the bylaw is for greater than 5 years, or for a period that by exercising rights of renewal or extension could exceed 5 years, then the board must provide a counter petition opportunity in relation to the proposed bylaw.
(4) An exemption under this section takes effect as follows:
(a) if the bylaw under subsection (1) is adopted by October 31 in a year, the exemption takes effect for the following calendar year;
(b) if the bylaw under subsection (1) is adopted after October 31 in a year, the exemption takes effect for the year following the next calendar year.
(5) If, because of a change in the use or ownership of property exempted from taxation by bylaw under this section the property no longer meets the requirements for exemption, the bylaw ceases to apply to that property and the property is liable to taxation effective from the time of the change.
813 [Repealed 2000-7-102.]
814 (1) The regional district officer assigned responsibility under section 199 [financial administration] must keep separate financial records for each service performed in the regional district that include full particulars of assets and liabilities, revenues and expenditures, information concerning reserve funds and other pertinent financial details.
(2) [Repealed 2000-7-108.]
(3) A deficit that is incurred in providing a service must be carried forward as an expenditure against that service in the next year.
(4) to (6) [Repealed 2000-7-108.]
(7) The following apply to regional districts:
Section 336 [investment of funds];
Division 2 of Part 9 [Financial Reporting];
Division 3 of Part 9 [Audit];
Division 5 of Part 9 [Restrictions on Use of Municipal Funds].
815 to 818 [Repealed 2000-7-109.]
819 (1) A board must direct the preparation of a provisional budget for the next year and must, by bylaw, adopt the provisional budget, as prepared or as altered by the board, before December 31.
(2) A board may amend a provisional budget at any time after its adoption and before adoption of the annual budget.
(3) The designated regional district officer must mail a copy of the provisional budget to each municipality and to the inspector.
(3.1) The provisional budget remains in effect until the annual budget is adopted.
(4) A board must, by bylaw, adopt the annual budget for the current year on or before March 31.
(5) The designated regional district officer must forward to each municipality a copy of the annual budget as adopted.
(6) A bylaw adopting the annual budget has no effect until a copy of the bylaw, signed by the chair of the meeting at which it was adopted and certified to be a true copy by the regional district officer assigned responsibility under section 198 [corporate administration], is registered with the inspector.
(7) The annual budget or a provisional budget must
(a) set out the anticipated expenditure for each service,
(b) show separately revenues obtained from requisitions and other sources, and
(c) show appropriated surpluses of previous years.
(8) The limit of the budgeted expenditure for a service is the budgeted revenue for the service.
(9) If section 800.1 (1) (e) [requisition limits in establishing bylaw] applies in relation to a service, the budgeted revenue to be obtained by requisition for a service must not exceed the maximum amount set under that section.
(10) The limit of the budgeted expenditure for providing assistance under section 804 (2) (g) [apportionment – assistance other than under partnering agreement] is the amount that would be obtained by a tax of 10¢ per $1 000 on the net taxable value of land and improvements in the regional district.
(11) Before the annual budget is adopted, it is not lawful to make an expenditure unless the expenditure is authorized by the provisional budget.
(12) An expenditure not provided for in the annual budget is not lawful.
819.1 (1) On or before March 31 in each year, a board must, by bylaw, adopt a capital expenditure program for a period of at least 5 years.
(2) The capital expenditure program under subsection (1) must show estimates of the proposed source and application of funds for capital purposes for each year of the program.
(3) An adopted capital expenditure program, including amendments, remains in force until a new program is adopted in the following year.
820 and 821 [Repealed 2000-7-111.]
822 to 825 [Repealed 2000-7-112.]
826 (1) Part 13, other than sections 498 and 500, applies to a regional district in the manner provided by subsection (2).
(2) The provisions of Part 13 relating to special funds as they apply to a service apply as though each service were the only service provided by the regional district, and all accounting and other matters pertaining to a special fund must be kept separate for each service that is provided.
827 [Repealed 2000-7-113.]
828 (1) As a limitation on section 176 [corporate powers], a board must not incur a liability beyond the amount of revenue of the regional district for the current year except as provided in this Part.
(2) A board may, under an agreement, incur a liability payable after the end of the current year if
(a) the liability is not a debenture debt, and
(b) the period of the liability is not longer than the reasonable life expectancy of the activity, work or service under the agreement.
(3) If an agreement under subsection (2) is
(a) for more than 5 years, or
(b) for a period that by exercising rights of renewal or extension could exceed 5 years,
the board must not incur the liability until it has provided a counter petition opportunity in relation to the proposed liability in the service area or service areas in respect of which the liability is incurred.
(4) For the purposes of subsection (3), the notice under section 809 (3) [assent of electors by counter petition] must also include the nature, term and amount of the liability.
829 (1) A board may, by bylaw, provide for the borrowing of money that may be required to meet its current expenditures before its revenue, from all sources, to pay for those expenditures has been received.
(2) Money borrowed under this section must be repaid when the anticipated revenue with respect to which the borrowing was authorized is received.
830 (1) For a purpose of a capital nature related to the provision of general administration services under section 797 (1) (a), a board may, by bylaw without the assent of the electors, contract a debt by borrowing.
(2) At any time, the total outstanding debt authorized by subsection (1) must not exceed an amount equal to the sum of $50 000 plus the product of $2 multiplied by the population of the regional district.
(3) For the purposes of subsection (2), the population of the regional district is to be taken from the most recent population census but, if a population has not been established by census, it must be determined by the minister until the results of a census are known.
(4) Securities under a bylaw under subsection (1) must be issued in the same calendar year as that in which the bylaw is adopted.
(5) A debt contracted under subsection (1) and securities for it must be payable no later than 5 years after the date on which the securities were issued or the reasonable life expectancy of the work for which the debt is contracted, whichever is less.
(6) Securities issued under subsection (1) are deemed to be a debenture debt of the regional district.
(7) A bylaw under subsection (1) must provide that an amount be imposed in each year during the currency of the securities sufficient to pay interest and repay principal due in that year.
(8) A bylaw under subsection (1) must not be adopted until the inspector approves
(a) the capital purpose,
(b) the bylaw,
(c) the terms of repayment of the debt, and
(d) the nature and form of securities to be issued for it.
(9) A debt under this section must be included in the capital expenditure program bylaw prepared under section 819.1.
831 (1) A board may, by a loan authorization bylaw, borrow money for capital purposes within its powers or for other purposes for which borrowing is authorized by this Act.
(1.01) A board may, by a loan authorization bylaw, borrow money or incur an obligation for the purpose of providing assistance within the meaning of section 181 [definition of assistance] by
(a) lending to any person or public authority to which the regional district may provide assistance under Part 5 [Corporate Powers], or
(b) guaranteeing repayment of borrowing, or providing security for the borrowing, of a person or public authority referred to in paragraph (a),
but only if the assistance is provided under an agreement.
(1.1) The power to adopt a loan authorization bylaw may not be exercised through the adoption of a comprehensive general bylaw under section 259.1 and loan authorization bylaws may not be consolidated into a comprehensive general bylaw under section 280.3.
(2) The provisions of sections 807 to 812, as they apply to an establishing bylaw for a local service, apply to a loan authorization bylaw in respect of a local service.
(3) The provisions of sections 807 to 812, as they apply to an establishing bylaw for an extended service, apply to a loan authorization bylaw in respect of an extended service.
(4) The provisions of sections 807 to 812, as they apply to an establishing bylaw for an extended service, apply to a loan authorization bylaw in respect of a general service.
(4.1) As an exception to subsections (2) to (4), if the provisions of sections 807 to 812 require the assent of the electors to a bylaw under this section, then that assent may be given through a counter petition opportunity.
(5) A loan authorization bylaw may be amended or repealed by bylaw adopted
(a) in accordance with the requirements applicable to the adoption of the bylaw that it amends or repeals, or
(b) if the minister approves, with the consent of at least 2/3 of the participants.
(6) Despite subsection (5) (b), if an electoral area director refuses to give the consent referred to in that subsection, the board may, by resolution passed by at least 2/3 of the votes cast, dispense with the consent of the electoral area director and consent to adoption of the bylaw on behalf of the electors in the participating area.
(7) A director whose consent is dispensed with under subsection (6) may, within 14 days after the resolution, appeal to the minister for a review, and the minister may, after that review, order that
(a) the consent of the board under subsection (6) stands, or
(b) the assent of the electors within the participating area represented by that director be obtained in accordance with section 808 (1).
(8) A bylaw under this section has no effect unless it is approved by the inspector.
(9) The regional district officer assigned responsibility under section 198 [corporate administration] must file a bylaw under this section with the inspector after it has been adopted.
(10) If approval is required under this or any other Act respecting a loan authorization bylaw, the bylaw must not be adopted or submitted for assent of the electors until that approval is obtained.
(11) The authority to borrow under a loan authorization bylaw ends 5 years from the date on which the bylaw was adopted and, after that date, the regional district may only, in accordance with the bylaw and this Act,
(a) adopt a security issuing bylaw respecting the outstanding debt created under the authority of the bylaw as the debt exists at that date, or
(b) enter into other borrowing contracts respecting that debt.
(11.1) As an exception to subsection (11), a loan authorization bylaw under subsection (1.01) expires at the end of the term of the agreement required by that subsection and after that date the regional district may only, in accordance with the bylaw and this Act,
(a) adopt a security issuing bylaw respecting the outstanding debt created under the authority of the bylaw as the debt exists at that date, or
(b) enter into other borrowing contracts respecting that debt.
(12) A loan authorization bylaw must state the maximum term for which the securities in respect of the borrowing that it authorizes may be issued.
(13) A debt under subsection (1) must be included in the capital expenditure program bylaw prepared under section 819.1 [provisions applicable to capital expenditure program].
(14) The maximum term of a debt that may be authorized by a bylaw under subsection (1) is the lesser of
(a) 30 years, and
(b) the reasonable life expectancy of the work for which the debt is contracted.
(15) The maximum term of a debt or obligation that may be authorized by a bylaw under subsection (1.01) is the remaining term of the agreement under which the assistance is provided.
831.1 (1) A board may, by loan authorization bylaw adopted without the assent of the electors but with the approval of the inspector, borrow money required for one or more of the following:
(a) to comply with an order or requirement to pay money into the Supreme Court as security
(i) for payment of a judgment or other debt,
(ii) for damages or costs, or
(iii) for the costs of an appeal from the decision of a court or an arbitrator;
(b) to satisfy a judgment or other order of a court against the regional district;
(c) to satisfy an award resulting from an arbitrator's determination of liability or quantum of damages against the regional district, including orders of the arbitrator relating to the determination.
(2) [Repealed 1998-34-184.]
832 A short term capital borrowing bylaw under section 830 or a loan authorization bylaw under section 831 or 831.1 must state the following:
(a) the service and, in reasonable detail, the purpose for which the debt is intended to be created;
(b) the amount of debt intended to be created;
(c) the amount of existing outstanding debenture debt of the regional district authorized
(i) under sections 830, 831 and 831.1, and
(ii) under section 835;
(d) the amount of debenture debt that is authorized but is not issued
(i) under sections 830, 831 and 831.1, and
(ii) under section 835;
(e) the amount, if any, of principal or interest that is then in arrears on debt created
(i) under sections 830, 831 and 831.1, and
(ii) under section 835.
833 (1) A board may, by a security issuing bylaw adopted with the approval of the inspector, provide for the issue of securities under the authority contained in one or more loan authorization bylaws, or for some part of the amount authorized in those bylaws.
(2) A security issuing bylaw must specify the loan authorization bylaw that authorizes the borrowing and must state the following:
(a) the amount that the loan authorization bylaw authorizes the board to borrow;
(b) the amount that has already been borrowed under the authority of that loan authorization bylaw;
(c) the difference between the amounts referred to in paragraphs (a) and (b), that is, the balance of the amount that may still be borrowed under that loan authorization bylaw;
(d) the amount of that balance that is being borrowed by the issue of security authorized by the bylaw under this section.
(3) A security issuing bylaw must provide that a sum is to be requisitioned under sections 822 and 823 in each year in an amount sufficient
(a) to meet the annual payment of interest and principal,
(b) to meet any known or anticipated deficiency in the amounts raised or to be raised by any charge, rate or tax for the annual payment of interest and principal, or
(c) to meet any known or anticipated deficiency in the revenue derived from the services for which the debt is created for the annual payment of interest and principal.
(4) A security issuing bylaw may include borrowing under section 835.
834 The following apply for the purposes of this Division:
section 335.2 [temporary borrowing under loan authorization bylaw];
section 335.3 (3) and (4) [security issuing bylaws];
section 335.5 [appeal from inspector's decision];
Division 5 of Part 9 [Restrictions on Use of Municipal Funds].
835 (1) A regional district may finance, at the request and sole cost of a municipality, an undertaking for which the council of the municipality has adopted a security issuing bylaw in accordance with this Act or, in the case of the City of Vancouver, for which the council has passed a bylaw or resolution authorizing the borrowing of money under the Vancouver Charter.
(2) For the purpose of this financing, the board may adopt a security issuing bylaw without adopting a loan authorization bylaw, and the bylaw must state, as its authorization, the bylaw or resolution referred to in subsection (1).
(3) The municipality must provide for and pay over to the regional district the sums required to discharge its obligations in accordance with the terms of debentures issued to the regional district or agreements entered into under section 335.3 [security issuing bylaws].
(4) If the sums provided for in the debentures or under the agreements, as referred to in subsection (3), are not sufficient to meet the obligations of the board, the deficiency is a liability of the municipality to the regional district.
836 Money borrowed by a regional district must be on its credit at large and, in the event of default, constitutes an indebtedness of the municipalities and electoral areas in the regional district that they are jointly and severally liable to repay.
837 (1) If a regional district makes an agreement with a public authority to provide services to or for the public authority that are within the powers of the public authority, the entire cost of providing the service under the agreement is a debt owed to the regional district by the public authority.
(2) A service provided under an agreement referred to in subsection (1) may be provided inside the boundaries of another regional district if that other regional district consents.
838 (1) A board may, by bylaw, establish in an electoral area one or more local communities to be administered by local community commissions.
(2) A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw, has no effect unless it receives the assent of the electors in the area of the local community and is approved by the inspector.
(3) As an exception to subsection (2), the minister may waive the requirement for assent of the electors to a bylaw that amends or repeals a bylaw establishing a local community.
(4) For the purposes of obtaining the assent of the electors as required by this section, Part 4 applies and the voting area is to be the proposed local community or the local community, as applicable.
(5) A bylaw establishing a local community must do the following:
(a) name the local community;
(b) establish the boundaries of the local community;
(c) establish the time and manner of holding annual general meetings of the commission;
(d) establish either
(i) that elections for commissioners are to be held every 3 years at the time of the general local election, or
(ii) that elections for commissioners are to be held each year at a time specified in the bylaw.
(6) A bylaw establishing a local community may do one or more of the following:
(a) establish the manner of holding elections for commissioners, if this is to be different from that provided by the application of Part 3;
(a.1) provide that the number of elected commissioners is to be 6;
(b) [Repealed 1998-34-186.]
(c) set terms, conditions and restrictions on activities of the commission.
(7) A bylaw under subsection (6) (a) must be adopted at least 8 weeks before the general voting day for the election to which it first applies.
(8) The commission for a local community consists of
(a) unless the bylaw provides otherwise under subsection (6) (a.1), 4 elected commissioners, and
(b) the director for the electoral area in which the local community is located.
(8.1) A commissioner must have the qualifications to hold office as a director.
(9) Except as provided by a bylaw under subsection (6) (a), Part 3 applies to the election of commissioners.
(10) The term of office for elected commissioners is to be
(a) 3 years or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held every 3 years, or
(b) one year or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held each year.
(11) At each annual general meeting, the commissioners must elect a chair and a vice chair.
(12) Section 788, as it applies to committee members, applies to the remuneration and reimbursement of commissioners.
839 [Repealed 2000-7-117.]
840 Despite this Act or a provision in letters patent issued to a regional district, a bylaw of a regional district regulating or prohibiting the discharge of firearms, as defined in the Wildlife Act, S.B.C. 1982, c. 57, is unenforceable to the extent that a regulation under section 108 (2) (n) or (o) of the Wildlife Act is in force in the regional district.
841 (1) If a municipality defaults on the payment of money due and payable by it to the regional district, the Lieutenant Governor in Council may, at the request of the board, appoint a commissioner for the municipality and, on being appointed, the commissioner has all the powers and duties of a commissioner appointed under Part 30.
(2) [Repealed 1998-34-187.]
842 to 845.3 [Repealed 2000-7-119.]
846 (1) Part 29 applies to a regional district and its board.
(2) The council of a municipality or a director of an electoral area may make a complaint to the inspector regarding any bylaw, order, decision or action of the board.
(3) If a complaint is received, the inspector, or a person authorized by the inspector, may hold an inquiry.
(4) An inquiry under subsection (3) must be open to the public.
(5) Section 1021 (3) and (4) applies to the person holding the inquiry under subsection (3).
(6) The person holding the inquiry must report to the Lieutenant Governor in Council on the evidence adduced and the representations and argument made and must make recommendations.
(7) The Lieutenant Governor in Council may, on receipt of the report referred to in subsection (6), make an order.
(8) An order under subsection (7) is binding on the board.
847 (1) The following apply to a regional district and its board:
Division 1 of Part 7 [Proceedings by Municipality];
Division 2 of Part 7 [Proceedings against Municipality];
section 293 (2) and (3) [writ of execution against municipality];
section 294 [copy of writ to be left with municipal officer];
section 297 [officers of municipality as officers of court];
section 298 [certain municipal property exempt from seizure].
(2) and (3) [Repealed 2000-7-120.]
848 In this Part:
"affected local government", in relation to a regional growth strategy, means a local government whose acceptance of the regional growth strategy is required under section 857, and includes the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act;
"facilitator", in relation to a regional growth strategy, means the facilitator designated by the minister under section 856;
"improvement district board" means the board of trustees for an improvement district;
"initiate", in relation to a regional growth strategy, means initiation under section 854;
"municipality" includes the City of Vancouver;
"official community plan" includes
(a) an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985,
(b) Part 1 of a rural land use bylaw, and
(c) an official development plan under the Vancouver Charter;
"regional context statement" means a regional context statement referred to in section 866;
"regional matter" means a matter that involves coordination between or affects more than one municipality, more than one electoral area, or at least one of each, in a regional district.
849 (1) The purpose of a regional growth strategy is to promote human settlement that is socially, economically and environmentally healthy and that makes efficient use of public facilities and services, land and other resources.
(2) Without limiting subsection (1), to the extent that a regional growth strategy deals with these matters, it should work towards but not be limited to the following:
(a) avoiding urban sprawl and ensuring that development takes place where adequate facilities exist or can be provided in a timely, economic and efficient manner;
(b) settlement patterns that minimize the use of automobiles and encourage walking, bicycling and the efficient use of public transit;
(c) the efficient movement of goods and people while making effective use of transportation and utility corridors;
(d) protecting environmentally sensitive areas;
(e) maintaining the integrity of a secure and productive resource base, including the agricultural and forest land reserves;
(f) economic development that supports the unique character of communities;
(g) reducing and preventing air, land and water pollution;
(h) adequate, affordable and appropriate housing;
(i) adequate inventories of suitable land and resources for future settlement;
(j) protecting the quality and quantity of ground water and surface water;
(k) settlement patterns that minimize the risks associated with natural hazards;
(l) preserving, creating and linking urban and rural open space including parks and recreation areas;
(m) planning for energy supply and promoting efficient use, conservation and alternative forms of energy;
(n) good stewardship of land, sites and structures with cultural heritage value.
850 (1) A board may adopt a regional growth strategy for the purpose of guiding decisions on growth, change and development within its regional district.
(2) A regional growth strategy must cover a period of at least 20 years from the time of its initiation and must include the following:
(a) a comprehensive statement on the future of the region, including the social, economic and environmental objectives of the board in relation to the regional district;
(b) population and employment projections for the period covered by the regional growth strategy;
(c) to the extent that these are regional matters, actions proposed for the regional district to provide for the needs of the projected population in relation to
(i) housing,
(ii) transportation,
(iii) regional district services,
(iv) parks and natural areas, and
(v) economic development.
(3) In addition to the requirements of subsection (2), a regional growth strategy may deal with any other regional matter.
(4) A regional growth strategy may include any information, maps, illustrations or other material.
851 (1) Unless authorized under subsection (2) or required under section 852, a regional growth strategy must apply to all of the regional district for which it is adopted.
(2) On request by the applicable board or boards, the minister may authorize a regional growth strategy that
(a) applies to only part of a regional district, or
(b) is developed jointly by 2 or more regional districts to apply to all or parts of those regional districts.
(3) The minister may establish terms and conditions for a regional growth strategy authorized under subsection (2) or required under section 852.
(4) If the minister considers this necessary or advisable for a regional district service in relation to a regional growth strategy referred to in subsection (3), the minister may by order give directions respecting the operation of the service, sharing of costs, voting on bylaws and resolutions relating to the service, the intergovernmental advisory committee and other matters relating to the regional growth strategy.
(5) To the extent of any inconsistency between this Act and an order under subsection (4), the order prevails.
852 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by regulation, do one or both of the following:
(a) designate areas for which a regional growth strategy must be developed and adopted;
(b) specify a time within which the regional growth strategy must be adopted.
(2) The minister must not make a recommendation referred to in subsection (1) unless, in the opinion of the minister, the area to which the regional growth strategy is proposed to apply has been experiencing significant change in its population, its economic development or an aspect of growth or development that involves coordination between local governments or affects more than one local government.
853 (1) The following are required before a regional growth strategy is adopted:
(a) the regional growth strategy must be initiated in accordance with section 854;
(b) consultation must be conducted in accordance with section 855;
(c) the regional growth strategy must be accepted by affected local governments in accordance with section 857.
(2) As an exception to subsection (1) (c), a regional growth strategy may be adopted without acceptance in relation to a specific provision if
(a) the provision is included on the basis that it is not binding on the jurisdiction of a local government that has refused to accept it, and
(b) the board considers that it is not essential to the regional growth strategy that the provision apply to that jurisdiction.
(3) A provision included under subsection (2) becomes binding on a jurisdiction if, at any time after adoption of the regional growth strategy, the local government for the jurisdiction indicates to the board that it accepts the provision.
(4) This Part, as it applies to the initiation, development and adoption of a regional growth strategy, applies to the amendment and repeal of a regional growth strategy.
854 (1) The preparation of a regional growth strategy must be initiated by resolution of the board.
(2) If a regional growth strategy is to apply to less than the entire regional district or is to be prepared jointly with another regional district, this must be authorized under section 851 (2) or required under section 852 before the regional growth strategy is initiated.
(3) If, at the time of initiation, the board proposes to deal with an additional regional matter referred to in section 850 (3), the initiating resolution must identify the matter.
(4) The proposing board must give written notice of an initiation under this section to affected local governments and to the minister.
855 (1) During the development of a regional growth strategy,
(a) the proposing board must provide opportunity for consultation with persons, organizations and authorities who the board considers will be affected by the regional growth strategy, and
(b) the board and the affected local governments must make all reasonable efforts to reach agreement on a proposed regional growth strategy.
(2) For the purposes of subsection (1) (a), as soon as possible after the initiation of a regional growth strategy, the board must adopt a consultation plan that, in the opinion of the board, provides opportunities for early and ongoing consultation with, at a minimum,
(a) its citizens,
(b) affected local governments,
(c) first nations,
(d) school district boards, greater boards and improvement district boards, and
(e) the Provincial and federal governments and their agencies.
(3) A failure to comply with a consultation plan under subsection (2) does not invalidate the regional growth strategy as long as reasonable consultation has been conducted.
(4) After second reading and before the regional growth strategy is submitted for acceptance under section 857, the board or a delegated panel of the board must conduct a public hearing that provides an opportunity for individuals and organizations to make their views known regarding the regional growth strategy.
(5) The minister may make regulations respecting the procedure to be used for hearings under subsection (4).
(6) For certainty, at any time during the development of a regional growth strategy, additional regional matters may be included in accordance with section 850 (3).
856 (1) The minister may appoint facilitators for the purposes of this Part, whose responsibilities are
(a) to monitor and assist local governments in reaching agreement on the acceptance of regional growth strategies during their development by
(i) facilitating negotiations between the local governments,
(ii) facilitating the resolution of anticipated objections,
(iii) providing assistance to local governments in setting up and using non-binding resolution processes, and
(iv) facilitating the involvement of the Provincial and federal governments and their agencies, first nations, school district boards, greater boards and improvement district boards, and
(b) to assist local governments in entering into implementation agreements under section 868.
(2) On being notified that a regional growth strategy has been initiated, the minister may designate a person appointed under subsection (1) as the facilitator responsible in relation to the regional growth strategy.
(3) At any time until the end of the period for acceptance or refusal under section 857 (4) (b), the facilitator is to provide assistance referred to in subsection (1) (a) of this section if requested to do so
(a) by the proposing board or an affected local government, or
(b) by an electoral area director of the proposing board, if the request is supported by at least 2 other directors.
(4) Once a facilitator becomes involved under subsection (3), the proposing board and affected local governments must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.
857 (1) Before it is adopted, a regional growth strategy must be accepted by the affected local governments or, failing acceptance, become binding on the affected local governments under section 860 (6).
(2) Acceptance of a regional growth strategy by an affected local government must be done by resolution of the local government.
(3) For the purposes of this section, after the public hearing under section 855 (4) and before third reading of the bylaw to adopt a regional growth strategy, the board must submit the regional growth strategy to
(a) the council of each municipality all or part of which is covered by the regional growth strategy,
(a.1) the board of directors of the Greater Vancouver Transportation Authority if the regional growth strategy is for the Greater Vancouver Regional District,
(b) the board of each regional district that is adjoining an area to which the regional growth strategy is to apply, and
(c) the facilitator or, if no facilitator for the regional growth strategy has been designated, the minister.
(4) After receiving a proposed regional growth strategy under subsection (3), each affected local government must
(a) review the regional growth strategy in the context of any community plans and regional growth strategies for its jurisdiction, both those that are current and those that are in preparation, and in the context of any other matters that affect its jurisdiction, and
(b) subject to an extension under section 858 (3), within 120 days of receipt either
(i) accept the regional growth strategy, or
(ii) respond, by resolution, to the proposing board indicating that the local government refuses to accept the regional growth strategy.
(5) An acceptance under subsection (4) (b) becomes effective
(a) when all affected local governments have accepted the regional growth strategy, or
(b) at the end of the period for acceptance or refusal under that subsection if, at the end of that period, all affected local governments have not accepted the regional growth strategy.
(6) If an affected local government fails to act under subsection (4) (b) within the period for acceptance or refusal, the local government is deemed to have accepted the regional growth strategy.
(7) If an affected local government refuses to accept the regional growth strategy, its resolution under subsection (4) (b) (ii) must also indicate
(a) each provision to which it objects,
(b) the reasons for its objection, and
(c) whether it is willing that a provision to which it objects be included in the regional growth strategy on the basis that the provision will not apply to its jurisdiction, as referred to in section 853 (2).
(8) All affected local governments are entitled to participate in any non-binding resolution processes used to resolve an objection or anticipated objection by an affected local government.
858 (1) Before the end of the 120 days referred to in section 857 (4) (b), the facilitator may require the proposing board and the affected local governments to identify any issues on which they anticipate that acceptance may not be reached.
(2) If an issue is identified under subsection (1),
(a) the facilitator may require the proposing board and the affected local governments to send representatives to a meeting convened by the facilitator for the purpose of clarifying the issues involved and encouraging their resolution, and
(b) the proposing board and the affected local governments must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.
(3) For the purposes of this section, the facilitator may extend the period for acceptance or refusal under section 857 (4) (b).
859 (1) The proposing board must notify the minister in writing if an affected local government refuses to accept a proposed regional growth strategy.
(2) After being notified under subsection (1), the minister must
(a) require a non-binding resolution process to attempt to reach acceptance on the regional growth strategy, specifying a time period within which the parties must begin the resolution process, or
(b) if satisfied that resolution using a non-binding resolution process under paragraph (a) is unlikely, direct that the regional growth strategy is to be settled under section 860.
(3) The choice of non-binding resolution process is to be determined by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy but, if the minister considers that these parties will not be able to reach agreement, the minister must direct which process is to be used.
(4) Any affected local government may participate in a non-binding resolution process under this section.
(5) Unless otherwise agreed by these parties, the fees of any neutral person participating in the non-binding resolution process and the administrative costs of the process, other than the costs incurred by the parties participating in the process, are to be shared proportionally between the proposing board and the affected local governments that participate in the process on the basis of the converted value of land and improvements in their jurisdictions.
(6) If changes to a regional growth strategy are proposed as a result of a resolution process under subsection (2) (a), the regional growth strategy must be submitted again to the affected local governments for acceptance in accordance with section 857.
(7) If acceptance is not reached within 60 days after a non-binding resolution process under this section is concluded, the regional growth strategy must be settled under section 860 unless the proposing board and the affected local governments can reach an agreement on the provisions of the regional growth strategy before the settlement process is completed.
860 (1) If acceptance by affected local governments cannot otherwise be reached under this Part, the regional growth strategy is to be settled by one of the following:
(a) peer panel settlement in accordance with section 861 (1);
(b) final proposal arbitration in accordance with section 861 (2);
(c) full arbitration in accordance with section 861 (3).
(2) If more than one affected local government has refused to accept a regional growth strategy, whether the refusals are in relation to the same or different issues, the regional growth strategy is to be settled for all affected local governments in the same settlement proceedings.
(3) The choice of process for settlement is to be determined by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy but, if the minister considers that these parties will not be able to reach agreement, the minister must direct which process is to be used.
(4) Any affected local government may participate in a settlement process under section 861.
(5) During the 60 days after the provisions of a regional growth strategy are settled under section 861, the proposing board and the affected local governments may agree on the acceptance of a regional growth strategy that differs from the one settled.
(6) At the end of the period under subsection (5), unless agreement is reached as referred to in that subsection, the provisions of a regional growth strategy as settled under section 861 become binding on the proposing board and all affected local governments, whether or not they participated in the settlement process.
861 (1) As one option, the provisions of a regional growth strategy may be settled by a peer panel as follows:
(a) the panel is to be composed of 3 persons selected from the applicable list prepared under section 862 (1);
(b) the selection of the panel is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;
(c) subject to the regulations, the panel may conduct the proceedings in the manner it determines;
(d) the panel must settle the disputed issues of the regional growth strategy and may make any changes to the provisions of the regional growth strategy that it considers necessary to resolve those issues;
(e) the panel must give written reasons for its decision if this is requested by the proposing board or an affected local government before the panel retires to make its decision.
(2) As a second option, the provisions of a regional growth strategy may be settled by final proposal arbitration by a single arbitrator as follows:
(a) the arbitrator is to be selected from the applicable list prepared under section 862 (1);
(b) the selection of the arbitrator is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;
(c) subject to the regulations, the arbitrator must conduct the proceedings on the basis of a review of written documents and written submissions only, and must determine each disputed issue by selecting one of the final written proposals for resolving that issue submitted by one of the participating parties;
(d) the provisions of the regional growth strategy will be as settled by the arbitrator after incorporation of the final proposals selected by the arbitrator under paragraph (c);
(e) no written reasons are to be provided by the arbitrator.
(3) As a third option, the provisions of a regional growth strategy may be settled by full arbitration by a single arbitrator as follows:
(a) the arbitrator is to be selected from the applicable list prepared under section 862 (1);
(b) the selection of the arbitrator is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;
(c) subject to the regulations, the arbitrator may conduct the proceedings in the manner he or she determines;
(d) the provisions of the regional growth strategy will be as settled by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues;
(e) the arbitrator must give written reasons for the decision.
862 (1) Lists of persons who may act on a panel under section 861 (1), as an arbitrator under section 861 (2) or as an arbitrator under section 861 (3) are to be prepared by the minister in consultation with representatives of the Union of British Columbia Municipalities.
(2) Persons who may be included on a list for a panel under section 861 (1) are persons who are or have been elected officials of a local government or who, in the opinion of the minister, have appropriate experience in relation to local government matters.
(3) In the case of a specific regional growth strategy, a person may not be appointed to a panel or as an arbitrator if the person is, or was at any time since the regional growth strategy was initiated, an elected official of the proposing board or of an affected local government for the regional growth strategy.
(4) Subject to a direction by the panel or arbitrator or to an agreement between the parties, the fees and reasonable and necessary expenses of the members of a peer panel or arbitrator and the administrative costs of the process, other than the costs incurred by the parties participating in the process, are to be shared proportionally between the proposing board and the affected local governments that participate in the process on the basis of the converted value of land and improvements in their jurisdictions.
(5) The directors of the electoral areas to which the regional growth strategy is proposed to apply and the Provincial government may make representations in the settlement process, subject to any conditions set by the panel or arbitrator.
(6) The time limit for bringing any judicial review of a decision of a panel or arbitrator under section 861 is the end of the period for agreement under section 860 (5).
(7) The minister may make regulations regarding settlement processes under section 861, which may be different for different settlement processes, including regulations respecting the authority of a panel or arbitrator in settling a regional growth strategy and requiring the cooperation of local governments in relation to the settlement processes.
863 (1) A regional growth strategy must be adopted by bylaw.
(2) As soon as practicable after adopting a regional growth strategy, the board must send a copy of the regional growth strategy to
(a) the affected local governments,
(b) any greater boards and improvement districts within the regional district, and
(c) the minister.
864 (1) If a proposed regional growth strategy has been accepted by the affected local governments or has become binding under section 860 (6), but has not been adopted by the proposing board, on the recommendation of the minister, the Lieutenant Governor in Council may, by order, specify a time by which the board must adopt the regional growth strategy.
(2) If the board does not adopt the regional growth strategy within the period specified under subsection (1), the Lieutenant Governor in Council may, by order, deem the regional growth strategy to have been adopted by the board, in which case it applies as if it had been adopted by a valid bylaw of the board.
865 (1) All bylaws adopted by a regional district board after the board has adopted a regional growth strategy, and all services undertaken by a regional district after the board has adopted a regional growth strategy, must be consistent with the regional growth strategy.
(2) All bylaws adopted by a greater board or an improvement district board after the adoption of a regional growth strategy applicable to its jurisdiction, and all works and services provided by a greater board or an improvement district board after the adoption of a regional growth strategy applicable to its jurisdiction, must be consistent with the regional growth strategy.
(3) A regional growth strategy does not commit or authorize a regional district, municipality, greater board or improvement district to proceed with any project that is specified in the regional growth strategy.
866 (1) If a regional growth strategy applies to all or part of the same area of a municipality as an official community plan, the official community plan must include a regional context statement that is accepted in accordance with this section by the board of the regional district for which the regional growth strategy is adopted.
(2) A regional context statement under subsection (1) must specifically identify
(a) the relationship between the official community plan and the matters referred to in section 850 (2) and any other regional matters included under section 850 (3), and
(b) if applicable, how the official community plan is to be made consistent with the regional growth strategy over time.
(3) A regional context statement under subsection (1) and the rest of the official community plan must be consistent.
(4) The council must
(a) submit a proposed regional context statement required under this section for acceptance by the board,
(b) submit any amendments to the regional context statement for acceptance by the board, and
(c) review the regional context statement at least once every 5 years after its latest acceptance by the board and, if no amendment is proposed, submit the statement to the board for its continued acceptance.
(5) For the purpose of subsection (4), the board must respond by resolution within 120 days after receipt indicating whether or not it accepts the regional context statement or amendment and, if the board refuses to accept the regional context statement or amendment, indicating
(a) each provision to which it objects, and
(b) the reasons for its objection.
(6) If the board fails to act under subsection (5) within the period for acceptance or refusal under that subsection, the board is deemed to have accepted the regional context statement or amendment.
(7) Sections 859 to 862 and 864 apply regarding the acceptance and adoption of a regional context statement.
(8) After a regional growth strategy is adopted, the requirement under subsection (1) must be fulfilled by the applicable council submitting a proposed regional context statement to the board within 2 years after the regional growth strategy is adopted.
867 (1) A board may establish an intergovernmental advisory committee for its regional district and must establish an intergovernmental advisory committee for its regional district when a regional growth strategy is initiated.
(2) The role of an intergovernmental advisory committee is
(a) to advise the applicable local governments on the development and implementation of the regional growth strategy, and
(b) to facilitate coordination of Provincial and local government actions, policies and programs as they relate to the development and implementation of the regional growth strategy.
(3) The membership of an intergovernmental advisory committee is to include the following:
(a) the planning director of the regional district, or another official appointed by the board;
(a.1) for the purposes of an intergovernmental advisory committee established in the Greater Vancouver Regional District, the planning director of the Greater Vancouver Transportation Authority or another official appointed by the board of directors of that authority;
(b) the planning director, or another official appointed by the applicable council, of each municipality all or part of which is covered by the regional growth strategy;
(c) senior representatives of the Provincial government and Provincial government agencies and corporations, determined by the minister after consultation with the board;
(d) representatives of other authorities and organizations if invited to participate by the board.
868 (1) Without limiting section 176 [corporate powers], a local government may enter into agreements respecting the coordination of activities relating to the implementation of a regional growth strategy.
(2) For the purposes of this section, the Provincial government may enter into agreements under subsection (1) respecting Provincial commitments to act consistently with a regional growth strategy and to take actions necessary to implement a regional growth strategy.
(3) In addition to agreements with the Provincial government and its agencies, agreements under subsection (1) may be made with the federal government and its agencies, other local governments, first nations, school district boards, greater boards, the Greater Vancouver Transportation Authority, improvement district boards and other local authorities.
869 (1) A regional district that has adopted a regional growth strategy must
(a) establish a program to monitor its implementation and the progress made towards its objectives and actions, and
(b) prepare an annual report on that implementation and progress.
(2) At least once every 5 years, a regional district that has adopted a regional growth strategy must consider whether the regional growth strategy must be reviewed for possible amendment.
(3) For the purposes of subsection (2), the regional district must provide an opportunity for input on the need for review from the persons, organizations and authorities referred to in section 855 (2).
870 (1) The minister may establish policy guidelines regarding the process of developing and adopting regional growth strategies and official community plans.
(2) The minister, or the minister together with other ministers, may establish policy guidelines regarding the content of regional growth strategies and official community plans.
(3) Guidelines under subsection (1) or (2) may only be established after consultation by the minister with representatives of the Union of British Columbia Municipalities.
871 After a regional growth strategy has been adopted, the minister may require a municipality or regional district to adopt, within a time specified by the minister, an official community plan, a rural land use bylaw, a zoning bylaw or a subdivision servicing bylaw for an area that is covered by the regional growth strategy and to which no such plan or bylaw currently applies.
872 In this Part:
"adopt", in relation to a bylaw or an official plan, includes an amendment or repeal;
"density", in relation to land, a parcel of land or an area, means
(a) the density of use of the land, parcel or area, or
(b) the density of use of any buildings and structures located on the land or parcel, or in the area;
"farm business", "farm operation" and "farmer" have the same meanings as in the Farm Practices Protection (Right to Farm) Act;
"farming area" means an area of land that
(a) is in an agricultural land reserve, or
(b) is affected by a valid and subsisting licence, for aquaculture, under the Fisheries Act;
"rural land use bylaw" means a bylaw adopted under Division 3 of this Part;
"subdivision" means
(a) a subdivision as defined in the Land Title Act, and
(b) a subdivision under the Strata Property Act.
873 (1) A local government may exercise its powers under Divisions 4 to 11 of this Part by the adoption of a single bylaw.
(2) If a single bylaw is adopted under subsection (1), amendments to that bylaw that are
(a) made under powers in this Part, and
(b) are not amendments authorized under section 903,
may be made without complying with the public hearing and notice provisions of Divisions 4 and 5 of this Part.
874 (1) If a bylaw has been enacted by a local government under Division 2, 3, 7, 9 or 11 of this Part, and the minister believes that all or part of the bylaw is contrary to the public interest of British Columbia, the minister may notify the local government
(a) of the minister's objections to the bylaw or a plan, and
(b) that the council or the board must, within 90 days after receipt of the notice, alter the bylaw or plan accordingly.
(2) If the local government does not alter the bylaw or plan in accordance with the notice, the minister may, with the prior approval of the Lieutenant Governor in Council, order the bylaw or plan to be altered in accordance with the notice.
(3) On the date of an order of the minister under subsection (2), the bylaw or plan is conclusively deemed to be altered in accordance with the notice.
(4) An order of the minister under subsection (2) is final and binding.
875 (1) A local government may adopt one or more community plans for one or more areas.
(2) An official community plan of a municipality applies to land in the municipality that is designated in the plan as being covered by that plan.
(3) An official community plan applies to the area outside of a municipality that is designated in the plan as being covered by the plan.
876 (1) A community plan is a general statement of the broad objectives and policies of the local government respecting the form and character of existing and proposed land use and servicing requirements in the area covered by the plan.
(2) To the extent that an official community plan deals with these matters, it should work towards the purpose and goals referred to in section 849.
(3) A community plan must be in writing and may include plans, maps, tables or other graphic material.
877 (1) A community plan must include statements and map designations for the area covered by the plan respecting the following:
(a) the approximate location, amount, type and density of residential development required to meet anticipated housing needs over a period of at least 5 years;
(b) the approximate location, amount and type of present and proposed commercial, industrial, institutional, agricultural, recreational and public utility land uses;
(c) the approximate location and area of sand and gravel deposits that are suitable for future sand and gravel extraction;
(d) restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development;
(e) the approximate location and phasing of any major road, sewer and water systems;
(f) the approximate location and type of present and proposed public facilities, including schools, parks and waste treatment and disposal sites;
(g) other matters that may, in respect of any plan, be required or authorized by the minister.
(2) A community plan must include housing policies of the local government respecting affordable housing, rental housing and special needs housing.
878 (1) A community plan may include the following:
(a) policies of the local government relating to social needs, social well-being and social development;
(b) a regional context statement, consistent with the rest of the community plan, of how matters referred to in section 850 (2) (a) to (c), and other matters dealt with in the community plan, apply in a regional context;
(c) policies of the local government respecting the maintenance and enhancement of farming on land in a farming area or in an area designated for agricultural use in the community plan;
(d) policies of the local government relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity.
(2) If a local government proposes to include a matter in a community plan, the regulation of which is not within the jurisdiction of the local government, the plan may only state the broad objective of the local government with respect to that matter unless the minister has, under section 877 (1) (g), required or authorized the local government to state a policy with respect to that matter.
879 (1) For the purposes of section 920, a community plan may designate areas for one or more of the following:
(a) protection of the natural environment, its ecosystems and biological diversity;
(b) protection of development from hazardous conditions;
(c) protection of farming;
(d) revitalization of an area in which a commercial use is permitted;
(e) establishment of objectives and the provision of guidelines for the form and character of commercial, industrial or multi-family residential development.
(2) With respect to areas designated under subsection (1), the community plan must
(a) describe the special conditions or objectives that justify the designation, and
(b) specify guidelines respecting the manner by which the special conditions or objectives will be addressed.
(3) If a community plan designates areas under subsection (1), the plan may, with respect to those areas, specify conditions under which a development permit under section 920 (1) would not be required.
(4) For the purposes of section 921, a community plan may designate areas where temporary commercial and industrial uses may be allowed and may specify general conditions regarding the issue of temporary commercial and industrial use permits in those areas.
879.1 (1) For the purposes of section 920.1, a community plan may do one or more of the following:
(a) specify circumstances in which development approval information may be required under that section;
(b) designate areas for which development approval information may be required under that section;
(c) designate areas for which, in specified circumstances, development approval information may be required under that section.
(2) A community plan that specifies circumstances or designates areas under subsection (1) must describe the special conditions or objectives that justify the specification or designation.
880 (1) For the purposes of heritage conservation, a community plan may designate an area as a heritage conservation area to which section 971 (1) applies.
(2) If a heritage conservation area is designated under subsection (1), the community plan must
(a) describe the special features or characteristics that justify the designation,
(b) state the objectives of the designation, and
(c) specify guidelines respecting the manner by which the objectives are to be achieved.
(3) If a heritage conservation area is designated under subsection (1), the community plan may do one or more of the following:
(a) specify conditions under which section 971 (1) does not apply to property within the area, which may be different for different properties or classes of properties;
(b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;
(c) for the purposes of section 971 (3) identify features or characteristics that contribute to the heritage value or heritage character of the area.
(4) At least 10 days before the public hearing on a community plan that includes a schedule under subsection (3) (b), the local government must give notice in accordance with section 974 to the owner of each property included in the schedule that is not already included in the schedule.
(5) Within 30 days after the adoption of a bylaw that includes a property in or deletes a property from a schedule under subsection (3) (b) to an official community plan, the local government must
(a) file a notice in the land title office in accordance with section 976, and
(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 977.
881 (1) If a local government has adopted or proposes to adopt or amend a community plan for an area that includes the whole or any part of one or more school districts, the local government must consult with the school boards for those school districts
(a) at the time of preparing or amending the community plan, and
(b) in any event, at least once in each calendar year.
(2) For consultation under subsection (1), the local government must seek the input of the school boards as to the following:
(a) the actual and anticipated needs for school facilities and support services in the school districts;
(b) the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a);
(c) the type of school anticipated to be required on the sites referred to in paragraph (b);
(d) when the school facilities and support services referred to in paragraph (a) are anticipated to be required;
(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.
882 (1) A council may adopt a community plan by bylaw.
(2) Each reading of the bylaw must receive an affirmative vote of a majority of all council members.
(3) After first reading of a bylaw adopting a community plan, the council must, in sequence, do the following:
(a) consider the plan in conjunction with
(i) its financial plan or capital expenditure program, as applicable, and
(ii) any waste management plan or economic strategy plan that is applicable in the municipality;
(b) if the plan includes a regional context statement under section 878 (1) (b), refer the statement to the board of the regional district of which the municipality is a member for comment;
(c) if the plan applies to land in an agricultural land reserve established under the Agricultural Land Reserve Act, refer the plan to the Land Reserve Commission for comment;
(d) if the plan affects an area of an adjoining municipality, refer the plan to the council of that municipality for comment;
(e) if the plan affects
(i) an area of a regional district, outside of a municipality, of which it is a member, or
(ii) a service of that regional district,
refer the plan to the board of that regional district for comment.
(4) The minister may make regulations
(a) defining areas for which and describing circumstances in which subsection (3) (c) does not apply, and
(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by the minister.
(5) Before the council gives third reading to a bylaw adopting a community plan and at least 20 days after it has referred the plan under subsection (3) (d) or (e), the council must hold a public hearing on the proposed community plan.
(6) Sections 890 to 894 apply to the holding of a public hearing under subsection (5).
(7) After the bylaw adopting the plan has received final reading, the plan is an official community plan of that municipality.
883 (1) Section 882 applies to the adoption of a community plan in a regional district with the following changes:
(a) if the plan affects an area of an adjoining municipality or regional district, the board must refer the plan to the council or board of that municipality or regional district for comment;
(b) subject to subsection (2), after third reading of the bylaw adopting the plan, the board must submit to the minister any comments received after it referred the plan under paragraph (a);
(c) subject to subsection (2), until the minister has approved the plan, the board must not give final reading to the bylaw adopting it and the plan has no effect;
(d) section 791 applies respecting the entitlement of members of the board who may vote on all readings of the bylaw.
(2) The minister may make regulations
(a) defining areas for which and describing circumstances in which subsection (1) (b) and (c) does not apply, and
(b) providing that an exception under paragraph (a) is to be subject to the terms and conditions specified by the minister.
(3) Regulations under subsection (2) may be different for different regional districts, different areas and different circumstances.
884 (1) An official community plan does not commit or authorize a municipality, regional district or improvement district to proceed with any project that is specified in the plan.
(2) All bylaws enacted or works undertaken by a council, board or greater board, or by the trustees of an improvement district, after the adoption of
(a) an official community plan, or
(b) an official community plan under section 711 of the Municipal Act, R.S.B.C. 1979, c. 290, or an official settlement plan under section 809 of that Act before the repeal of those sections became effective,
must be consistent with the relevant plan.
885 (1) The electors within an area covered by an official community plan in a regional district or an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985, may petition the board
(a) to alter the area of application of the plan, and
(b) to either
(i) replace the plan and existing zoning and subdivision bylaws in that area with a rural land use bylaw, or
(ii) not replace the plan with a rural land use bylaw.
(2) A petition under subsection (1) must specify the
(a) purpose of the petition, and
(b) area to which the petition relates.
(3) Section 241 [petitions to council] applies to a petition under this section.
886 (1) A board may adopt one or more rural land use bylaws for one or more areas.
(2) A rural land use bylaw applies to the area outside of a municipality that is designated in the plan as being covered by the bylaw.
887 (1) A rural land use bylaw must be in 2 parts as described in this section.
(2) Part 1 of a rural land use bylaw is a general statement of the broad objectives and policies of the board respecting present and proposed land use and development in the area covered by the plan, including the description of areas where and under what conditions, for the purposes of section 921, temporary commercial or industrial uses will be allowed.
(3) Part 2 of a rural land use bylaw implements Part 1 of the bylaw and may contain provisions, regulations and maps respecting the following:
(a) the location of areas for residential, commercial, industrial, institutional, agricultural, recreational or public utility land uses;
(b) the density of the use of land;
(c) the conservation of an area considered by the board to have heritage value or heritage character;
(d) conditions, requirements and restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development;
(e) the approximate location and phasing of major road systems;
(f) the area, including minimum and maximum sizes, of parcels of land to be created by subdivision;
(g) servicing standards required for land use designations under paragraph (a);
(h) the siting of buildings and structures;
(i) other matters that may, in respect of any rural land use bylaw, be required or authorized by the minister.
(4) The power in subsection (3) to regulate includes the power to prohibit any use or uses in any area or areas.
(5) To the extent that Part 1 of a rural land use bylaw deals with these matters, it should work towards the purpose and goals referred to in section 849.
(6) If a board proposes to include a matter in Part 1 of a rural land use bylaw, the regulation of which is not within the jurisdiction of the board, that Part must only state the broad objectives of the board with respect to that matter unless the minister has required or authorized the board to state a policy with respect to that matter.
(7) Part 1 of a rural land use bylaw may include a regional context statement, consistent with the rest of the Part, of how matters referred to in section 850 (2) (a) to (c), and other matters dealt with in that Part, apply in a regional context.
(8) Despite section 886 and subsections (3) and (4) of this section, a board must not exercise the powers under those subsections to prohibit or restrict the use of land for a farm business in a farming area, unless the board receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.
888 (1) Section 883 applies to the adoption and approval of a rural land use bylaw other than an amendment to Part 2 of the bylaw.
(2) Section 913 (1) and (2) applies to a bylaw that amends Part 2 of a rural land use bylaw.
889 (1) Part 1 of a rural land use bylaw has the same effect as an official community plan.
(2) Part 2 of a rural land use bylaw has the same effect as a zoning bylaw or a subdivision servicing bylaw, as the case may be.
890 (1) Subject to subsection (4), a local government must not adopt a community plan bylaw, rural land use bylaw or zoning bylaw without holding a public hearing on the bylaw for the purpose of allowing the public to make representations to the local government respecting matters contained in the proposed bylaw.
(2) The public hearing must be held after first reading of the bylaw and before third reading.
(3) At the public hearing all persons who believe that their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw that is the subject of the hearing.
(4) A local government may waive the holding of a public hearing on a proposed bylaw if
(a) an official community plan is in effect for the area that is subject to a proposed zoning bylaw, and
(b) the proposed bylaw is consistent with the plan.
(5) More than one bylaw may be included in one notice of public hearing, and more than one bylaw may be considered at a public hearing.
(6) A written report of each public hearing, containing a summary of the nature of the representations respecting the bylaw that were made at the hearing, must be prepared and maintained as a public record.
(7) A report under subsection (6) must be certified as being fair and accurate by the person preparing the report and, if applicable, by the person to whom the hearing was delegated under section 891.
(8) A public hearing may be adjourned and no further notice of the hearing is necessary if the time and place for the resumption of the hearing is stated to those present at the time the hearing is adjourned.
(9) Despite section 257, a council may adopt an official community plan or zoning bylaw at the same meeting at which the plan or bylaw passed third reading.
891 (1) If, under section 176 (1) (e) [corporate powers – delegation], a local government makes a delegation in relation to one or more public hearings,
(a) that delegation does not apply to a hearing unless the notice of hearing under section 892 includes notice that the hearing is to be held by a delegate, and
(b) the resolution or bylaw making the delegation must be available for public inspection along with copies of the bylaw referred to in section 892 (2) (e).
(2) If the holding of a public hearing is delegated, the local government must not adopt the bylaw that is the subject of the hearing until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing.
892 (1) If a public hearing is to be held under section 890 (1), the local government must give notice of the hearing
(a) in accordance with this section, and
(b) in the case of a public hearing on a community plan that includes a schedule under section 880 (3) (b), in accordance with section 974.
(2) The notice must state the following:
(a) the time and date of the hearing;
(b) the place of the hearing;
(c) in general terms, the purpose of the bylaw;
(d) the land or lands that are the subject of the bylaw;
(e) the place where and the times and dates when copies of the bylaw may be inspected.
(3) The notice must be published in at least 2 consecutive issues of a newspaper, the last publication to appear not less than 3 and not more than 10 days before the public hearing.
(4) If the bylaw in relation to which the notice is given alters the permitted use or density of any area, the notice must
(a) subject to subsection (5), include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads if applicable, and
(b) be mailed or otherwise delivered at least 10 days before the public hearing
(i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and
(ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice,
of all parcels, any part of which is the subject of the bylaw alteration or is within a distance specified by bylaw from that part of the area that is subject to the bylaw alteration.
(5) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner.
(6) The obligation to deliver a notice under subsection (4) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
(7) Subsection (4) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration.
(8) In respect of public hearings being held under section 890 (1) or waived under section 890 (4), a local government may, by bylaw,
(a) require the posting of a notice on land that is the subject of a bylaw, and
(b) specify the size, form and content of the notice and the manner in which and the locations where it must be posted.
(9) Specifications under subsection (8) (b) may be different for different areas, zones, uses within a zone and parcel sizes.
893 (1) If a local government waives the holding of a public hearing under section 890 (4), it must give notice in accordance with this section.
(2) The notice must state
(a) in general terms, the purpose of the bylaw,
(b) the land or lands that are the subject of the bylaw, and
(c) the place where and the times and dates when copies of the bylaw may be inspected.
(3) The notice must be published in at least 2 consecutive issues of a newspaper, the last publication to appear not less than 3 and not more than 10 days before the bylaw is given third reading.
(4) If the bylaw alters the permitted use or density of any area, the notice must
(a) subject to subsection (5), include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads if applicable, and
(b) be mailed or otherwise delivered at least 10 days before the bylaw is to be given third reading
(i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and
(ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice,
of all parcels, any part of which is the subject of the bylaw alteration or is within a distance specified by bylaw from that part of the area that is subject to the bylaw alteration.
(5) If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner.
(6) The obligation to deliver a notice under subsection (4) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.
(7) Subsection (4) does not apply if 10 or more parcels owned by 10 or more persons are the subject of the bylaw alteration.
894 (1) After a public hearing, the council or board may, without further notice or hearing,
(a) adopt or defeat the bylaw, or
(b) alter and then adopt the bylaw, provided that the alteration does not
(i) alter the use,
(ii) increase the density, or
(iii) without the owner's consent, decrease the density
of any area from that originally specified in the bylaw.
(2) A member of a council or board who
(a) is entitled to vote on a bylaw, and
(b) was not present at the public hearing
may vote on the adoption of a bylaw that was the subject of a public hearing, provided that an oral or written report of the public hearing has been given to the member by an officer or employee of the local government or a director who held a hearing delegated under section 891.
(3) After a public hearing under section 890 (1) or third reading following notice under section 893, a court must not quash or declare invalid the bylaw on the grounds that an owner or occupier
(a) did not see or receive the notice under section 892 or 893, if the court is satisfied that there was a reasonable effort to mail or otherwise deliver the notice, or
(b) who attended the public hearing or who can otherwise be shown to have been aware of the hearing, did not see or receive the notice, and was not prejudiced by not seeing or receiving it.
895 (1) A local government that has adopted an official community plan, a zoning bylaw or a rural land use bylaw must, by bylaw, define procedures under which an owner of land may apply for an amendment to the plan or bylaw or for the issue of a permit under this Part.
(2) A local government must consider every application for
(a) an amendment to a plan or bylaw referred to in subsection (1), or
(b) the issue of a permit under this Part that requires a resolution of a council or board.
(3) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the local government members eligible to vote on the reapplication.
896 (1) A local government must maintain a current list of the following:
(a) every bylaw in effect under this Part and Part 27 and a general description of the purpose of the bylaw;
(b) every bylaw under this Part and Part 27 that has been given first reading, a general description of the bylaw and its current status;
(c) every permit issued under this Part and Part 27.
(2) A list under subsection (1) must be available for public inspection at the local government offices during their regular business hours.
(3) Non-compliance with subsection (1) or (2), or any inaccuracy in a list, does not affect the validity of a bylaw or permit referred to in subsection (1).
897 (1) A local government may prepare and provide to the public, on request, a procedures manual describing the procedures by which
(a) permits and approvals under this Part and Part 27 are obtained, and
(b) amendments to bylaws under this Part and Part 27 are initiated.
(2) The procedures manual must include the following:
(a) separate provisions respecting each type of permit, approval and amendment, with each separate provision specifying
(i) in general, the steps that must be followed and, for each step, the requirements to be met by the applicant,
(ii) the applicable authority,
(iii) the responsibility of each official involved, and
(iv) the office location of these officials;
(b) sample application forms that clearly indicate all the types of information and the degree of detail required, including an explanation of these forms;
(c) a statement of the fees required for each application.
(3) If there is a conflict between a bylaw under section 895 or 950 and a description in a procedures manual under this section, the bylaw prevails.
898 (1) A council may, by bylaw, establish an advisory planning commission to advise council on all matters respecting land use, community planning or proposed bylaws and permits under Divisions 2, 3, 7, 9 and 11 of this Part that are referred to it by the council.
(2) A board may, by bylaw, establish an advisory planning commission for one or more electoral areas or portions of an electoral area to advise the board, or a director of the board representing the electoral area, on all matters referred to it by the board or by that director respecting land use, the preparation and adoption of a community plan, or a rural land use bylaw or a proposed bylaw or permit that may be enacted or issued under this Part.
(3) The bylaw establishing an advisory planning commission must provide for
(a) the composition of and the manner of appointing members to the commission,
(b) the procedures governing the conduct of the commission, and
(c) the referral of matters to the advisory planning commission.
(4) At least 2/3 of the members of an advisory planning commission must be residents of the municipality or the electoral area.
(5) A council member, board director, employee or officer of the local government, or an approving officer, is not eligible to be a member of an advisory planning commission, but may attend at a meeting of the commission in a resource capacity.
(6) The members of an advisory planning commission must serve without remuneration, but may be paid reasonable and necessary expenses that arise directly out of the performance of their duties.
(7) [Repealed 1999-37-202.]
(8) If an advisory planning commission is established, minutes of all of its meetings must be kept and, on request, made available to the public.
(9) If the commission is considering an amendment to a plan or bylaw, or the issue of a permit, the applicant for the amendment or permit is entitled to attend meetings of the commission and be heard.
899 (1) A local government that has adopted a zoning bylaw or a rural land use bylaw must, by bylaw, establish a board of variance.
(2) If the population of a municipality is 25 000 or less, the board of variance for the municipality is to consist of one person appointed by the council, one person appointed by the minister and one person appointed by the other 2 appointees.
(3) If the population of a municipality is more than 25 000, the board of variance for the municipality is to consist of 2 persons appointed by the council, 2 persons appointed by the minister and one person appointed by the other 4 appointees.
(4) A board may establish one or more boards of variance, but, if more than one board of variance is established, the bylaw establishing them must specify the area of the regional district over which each board of variance is to have jurisdiction and those areas must not overlap.
(5) Each board of variance in a regional district is to consist of one person appointed by the board, one person appointed by the minister and one person appointed by the other 2 appointees.
(6) An appointment under subsections (2) to (5) is for the later of
(a) 3 years, and
(b) if no successor has been appointed at the end of the 3 year period, until the time that a successor is appointed.
(7) A person who is
(a) a member of the advisory planning commission or of the local government, or
(b) an officer or employee of the local government
is not eligible to be appointed to a board of variance.
(8) If a member of a board of variance ceases to hold office, the person's successor is to be appointed in the same manner as the member who ceased to hold office, and, until the appointment of the successor, the remaining members constitute the board of variance.
(9) A local government may remove its appointee at any time.
(10) The Lieutenant Governor in Council may
(a) remove the minister's appointee at any time, and
(b) on the recommendation of a local government, remove the person appointed by the other appointees.
(11) Members of a board of variance must not receive compensation for their services as members, but must be paid reasonable and necessary expenses that arise directly out of the performance of their duties.
(12) A local government must provide in its annual budget for the necessary funds to pay for the costs of the board.
900 (1) The members of a board of variance must elect one of their number as chair.
(2) The chair may appoint a member of the board of variance as acting chair to preside in the absence of the chair.
(3) A bylaw establishing a board of variance must set out the procedures to be followed by the board of variance, including the manner by which appeals are to be brought and notices under section 901 (4) are to be given.
(4) A board of variance must maintain a record of all its decisions and must ensure that the record is available for public inspection during normal business hours.
901 (1) A person may apply to a board of variance for an order under subsection (2) if the person alleges that compliance with any of the following would cause the person hardship:
(a) a bylaw respecting the siting, dimensions or size of a building or structure, or the siting of a manufactured home in a manufactured home park;
(b) a bylaw under Division 2 of Part 22, other than
(i) a bylaw under section 711, or
(ii) a bylaw that has an effect referred to in section 714 (1), if the council has taken action under subsection (2) of that section to compensate or mitigate the hardship that is caused to the person;
(c) the prohibition of a structural alteration or addition under section 911 (5);
(d) a subdivision servicing requirement under section 938 (1) (c) in an area zoned for agricultural or industrial use.
(2) On an application under subsection (1), the board of variance may order that a minor variance be permitted from the requirements of the bylaw, or that the applicant be exempted from section 911 (5), if the board of variance
(a) has heard the applicant and any person notified under subsection (4),
(b) finds that undue hardship would be caused to the applicant if the bylaw or section 911 (5) is complied with, and
(c) is of the opinion that the variance or exemption does not
(i) result in inappropriate development of the site,
(i.1) adversely affect the natural environment,
(ii) substantially affect the use and enjoyment of adjacent land,
(iii) vary permitted uses and densities under the applicable bylaw, or
(iv) defeat the intent of the bylaw.
(3) The board of variance must not make an order under subsection (2) that would do any of the following:
(a) be in conflict with a covenant registered under section 219 of the Land Title Act or section 24A of the Land Registry Act, R.S.B.C. 1960, c. 208;
(b) deal with a matter that is covered in a permit under Division 9 of this Part or covered in a land use contract;
(c) deal with a flood plain specification under section 910 (2);
(d) apply to a property
(i) for which an authorization for alterations is required under Part 27,
(ii) that is scheduled under section 880 (3) (b) or contains a feature or characteristic identified under section 880 (3) (c), or
(iii) for which a heritage revitalization agreement under section 966 is in effect.
(4) If a person makes an application under subsection (1), the board of variance must notify all owners and tenants in occupation of
(a) the land that is the subject of the application, and
(b) the land that is adjacent to land that is the subject of the application.
(5) A notice under subsection (4) must state the subject matter of the application and the time and place where the application will be heard.
(6) The obligation to give notice under subsection (4) must be considered satisfied if the board of variance made a reasonable effort to mail or otherwise deliver the notice.
(7) If a board of variance orders under subsection (2) that a minor variance be permitted or an exemption from section 911 (5) be allowed, it may order that, unless the construction of the building, structure or manufactured home park is completed within a time set in the order, the permission or exemption terminates and the bylaw or section 911 (5), as the case may be, applies.
(8) A decision of the board of variance under subsection (2) is final.
902 (1) A person may apply to a board of variance for an order under subsection (2) if the person alleges that the determination by a building inspector of the amount of damage under section 911 (8) is in error.
(2) On an application under subsection (1), the board of variance may set aside the determination of the building inspector and make the determination under section 911 (8) in its place.
(3) The applicant or the local government may appeal a decision of the board of variance under subsection (2) to the Supreme Court.
903 (1) A local government may, by bylaw, do one or more of the following:
(a) divide the whole or part of the municipality or regional district into zones, name each zone and establish the boundaries of the zones;
(b) limit the vertical extent of a zone and provide other zones above or below it;
(c) regulate within a zone
(i) the use of land, buildings and structures,
(ii) the density of the use of land, buildings and structures,
(iii) the siting, size and dimensions of
(A) buildings and structures, and
(B) uses that are permitted on the land, and
(iv) the location of uses on the land and within buildings and structures;
(d) regulate the shape, dimensions and area, including the establishment of minimum and maximum sizes, of all parcels of land that may be created by subdivision, in which case
(i) the regulations may be different for different areas, and
(ii) the boundaries of those areas need not be the same as the boundaries of zones created under paragraph (a).
(2) The authority under subsection (1) may be exercised by incorporating in the bylaw maps, plans, tables or other graphic material.
(3) The regulations under subsection (1) may be different for one or more of the following, as specified in the bylaw:
(a) different zones;
(b) different uses within a zone;
(c) different locations within a zone;
(d) different standards of works and services provided;
(e) different siting circumstances;
(f) different protected heritage properties.
(4) The power to regulate under subsection (1) includes the power to prohibit any use or uses in a zone.
(5) Despite subsections (1) to (4), a local government must not exercise the powers under this section to prohibit or restrict the use of land for a farm business in a farming area unless the local government receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.
904 (1) A zoning bylaw may
(a) establish different density regulations for a zone, one generally applicable for the zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and
(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).
(2) The following are conditions that may be included under subsection (1) (b):
(a) conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;
(b) conditions relating to the provision of affordable and special needs housing, as such housing is defined in the bylaw, including the number, kind and extent of the housing;
(c) a condition that the owner enter into a housing agreement under section 905 before a building permit is issued in relation to property to which the condition applies.
(3) A zoning bylaw may designate an area within a zone for affordable or special needs housing, as such housing is defined in the bylaw, if the owners of the property covered by the designation consent to the designation.
905 (1) A local government may, by bylaw, enter into a housing agreement under this section.
(2) A housing agreement may include terms and conditions agreed to by the local government and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:
(a) the form of tenure of the housing units;
(b) the availability of the housing units to classes of persons identified in the agreement or the bylaw under subsection (1) for the agreement;
(c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);
(d) rents and lease, sale or share prices that may be charged, and the rates at which these may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.
(3) A housing agreement may not vary the use or density from that permitted in the applicable zoning bylaw.
(4) A housing agreement may only be amended by bylaw adopted with the consent of the owner.
(5) If a housing agreement is entered into or amended, the local government must file in the land title office a notice that the land described in the notice is subject to the housing agreement.
(6) Once a notice is filed under subsection (5), the housing agreement and, if applicable, the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement, as amended if applicable.
(7) On filing under subsection (5), the registrar must make a note of the filing against the title to the land affected but, in the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a note of the filing,
(a) neither the registrar nor the Provincial government is liable vicariously, and
(b) neither the assurance fund nor the Attorney General, as a nominal defendant, is liable under Part 20 of the Land Title Act.
(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees.
906 (1) A local government may, by bylaw, require owners or occupiers of any land, building or structure to provide off-street parking and loading spaces for the use, building or structure, including spaces for use by disabled persons, and may
(a) classify uses, buildings and structures and differentiate and discriminate between classes with respect to the amount of space provided,
(b) exempt from any requirement of a bylaw made under this subsection or subsections (2) and (3),
(i) a class of use, building or structure, or
(ii) a use, building or structure existing at the time of the adoption of a bylaw under this subsection,
(c) impose different requirements for different areas and zones or different uses within a zone, and
(d) establish design standards, including the size, surfacing, lighting and numbering of the spaces.
(2) A bylaw under subsection (1) may
(a) permit off-street parking spaces to be provided, other than on the site of the use, building or structure, under conditions that are specified in the bylaw, or
(b) permit, at the option of the owner or occupier of the land, building or structure, the payment to the municipality or regional district of an amount of money specified in the bylaw, instead of the provision of off-street parking spaces, in cases where the municipality or regional district owns and operates a parking facility within a distance specified in the bylaw from the use, building or structure.
(3) The money referred to in subsection (2) (b) is payable at the time
(a) when the building permit is issued for the building or structure that is being put to the use that requires the parking space specified in the bylaw, or
(b) if no building permit is required, when the use that requires the parking space specified in the bylaw begins.
(4) The municipality or regional district must pay the money paid under subsection (3) into a reserve fund established under section 496 for the provision of new and existing off-street parking spaces, and must use these funds only for that purpose.
(5) [Repealed 1997-25-145.]
(6) A bylaw under subsection (1) (a) does not apply with respect to land or a building or structure existing at the time the bylaw came into force, so long as the land, building or structure continues to be put to a use that does not require more parking or loading spaces than were required for the use existing at the time the bylaw came into force.
907 (1) A local government may, by bylaw, require that an owner of land who carries out construction of a paved area or roof area, manage and provide for the ongoing disposal of surface runoff and storm water in accordance with the requirements of the bylaw.
(2) A local government may, by bylaw, establish the maximum percentage of the area of land that can be covered by impermeable material.
(3) A bylaw under subsection (1) or (2) may be different for
(a) different zones,
(b) different uses in zones,
(c) different areas in zones,
(d) different sizes of paved or roof areas, and
(e) different terrain and surface water or groundwater conditions.
908 (1) Subject to the Highway Act and section 135 of the Motor Vehicle Act, a local government may, by bylaw, regulate the number, size, type, form, appearance and location of any signs.
(2) A bylaw under subsection (1) may contain different provisions for one or more of the following:
(a) different zones;
(b) different uses within a zone;
(c) different classes of highways.
(3) The power in subsection (1) to regulate includes the power to prohibit, except that a sign that is located on a parcel and relates to or identifies a use on that parcel must not be prohibited.
909 (1) A local government may, by bylaw, require, set standards for and regulate the provision of screening or landscaping for one or more of the following purposes:
(a) masking or separating uses;
(b) preserving, protecting, restoring and enhancing the natural environment;
(c) preventing hazardous conditions.
(2) A bylaw under subsection (1) may set different requirements, standards and regulations for one or more of the following:
(a) different zones;
(b) different uses within a zone;
(c) different locations within a zone.
910 (1) If a local government or the Minister of Environment, Lands and Parks considers that flooding may occur on land
(a) the local government may, by bylaw, or
(b) the Minister of Environment, Lands and Parks may, by order,
designate the land as a flood plain.
(2) If land is designated a flood plain under subsection (1),
(a) the local government may, by bylaw, or
(b) the Minister of Environment, Lands and Parks may, by order,
specify
(c) the flood level or levels for the flood plain, and
(d) the setback from a watercourse or body of water of any landfill or structural support required to elevate a floor system or pad above the flood level.
(3) A bylaw under subsection (1) or (2) has no effect until it has been approved by the Minister of Environment, Lands and Parks.
(4) In the event of conflict, an order of the Minister of Environment, Lands and Parks under subsection (1) or (2) prevails over a bylaw of a local government under subsection (1) or (2).
(5) After a bylaw or the Minister of Environment, Lands and Parks has specified the level or levels or setback under subsection (2),
(a) the underside of any floor system, or the top of any pad supporting any space or room, including a manufactured home, that is used for dwelling purposes, business or the storage of goods which are susceptible to damage by floodwater must be above that specified level, and
(b) any landfill required to support a floor system or pad must not extend within any setback from a watercourse or body of water specified by the bylaw or the Minister of Environment, Lands and Parks.
(6) The Minister of Environment, Lands and Parks may exempt a development or type of development from requirements of this section, subject to conditions that minister may impose.
(7) Specifications of the Minister of Environment, Lands and Parks under subsection (2) may be enforced by a local government as though they were bylaws of the local government.
911 (1) If, at the time of the enactment of a rural land use bylaw or adoption of a bylaw under this Division,
(a) land, a building or a structure is lawfully used, and
(b) the use does not conform to the bylaw,
the use may be continued as a non-conforming use, but if the non-conforming use is discontinued for a continuous period of 6 months, any subsequent use of the land, building or structure becomes subject to the bylaw.
(2) The use of land, buildings or structures for seasonal uses or for agricultural purposes is not discontinued as a result of normal seasonal or agricultural practices, including
(a) seasonal, market or production cycles,
(b) the control of disease or pests, or
(c) the repair, replacement or installation of equipment to meet standards for the health or safety of people or animals.
(3) A building or structure that is lawfully under construction at the time of the enactment of a rural land use bylaw or the adoption of a bylaw under this Division is deemed, for the purpose of this section,
(a) to be a building or structure existing at that time, and
(b) to be then in use for its intended purpose as determined from the building permit authorizing its construction.
(4) If subsections (1) and (2) authorize a non-conforming use of part of a building or structure to continue, the whole of that building or structure may be used for that non-conforming use.
(5) A structural alteration or addition, except one that is required by an enactment or permitted by a board of variance under section 901 (2), must not be made in or to a building or structure while the non-conforming use is continued in all or any part of it.
(6) In relation to land, subsection (1) or (4) does not authorize the non-conforming use of land to be continued on a scale or to an extent or degree greater than that at the time of the enactment of the rural land use bylaw or the adoption of the bylaw under this Division.
(7) For the purposes of this section, a change of owners, tenants or occupants of any land, or of a building or structure, does not, by reason only of the change, affect the use of the land or building or structure.
(8) If a building or a structure, the use of which does not conform to the provisions of a rural land use bylaw or a bylaw under this Division is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined by the building inspector, it must not be repaired or reconstructed except for a conforming use in accordance with the bylaw.
(9) If the use and density of buildings and structures conform to a rural land use bylaw or a bylaw under this Division but
(a) the siting, size or dimensions of a building or structure constructed before the bylaw was adopted does not conform with the bylaw, or
(b) the siting, size, dimensions or number of offstreet parking or loading spaces constructed or provided before the bylaw was adopted does not conform with the bylaw,
the building or structure or spaces may be maintained, extended or altered to the extent authorized by subsection (10).
(10) A building or structure or spaces to which subsection (9) applies may be maintained, extended or altered only to the extent that
(a) the repair, extension or alteration would, when completed, involve no further contravention of the bylaw than that existing at the time the repair, extension or alteration was started, and
(b) in the case of protected heritage property, the repair, extension or alteration is permitted or authorized in accordance with the provisions governing the heritage protection of the property.
(11) Subsections (5) and (8) do not apply to alterations, additions, repairs or reconstruction of a protected heritage property if the alteration, addition, repair or reconstruction is authorized by a heritage alteration permit under section 972.
912 (1) If the use of land or the siting of existing buildings and structures on the land ceases, as a result of expropriation of land, to conform to a rural land use bylaw or a bylaw under this Division, the remainder of the property is deemed to conform.
(2) Subsection (1) does not apply if compensation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by the owner or occupant as a result of the non-conformity.
(3) If, as a result of an expropriation,
(a) a parcel of land could have been subdivided into 2 or more parcels under the applicable zoning bylaw in effect when the land expropriated was vested in the expropriating authority, and
(b) the parcel, as a result of the expropriation, can no longer be subdivided into the same number of parcels,
the parcel is deemed to conform to the applicable zoning bylaw for the purposes of the subdivision as though the expropriation had not occurred, but only to the extent that none of the parcels that would be created by the subdivision would be less than 90% of the area that would otherwise be permitted by the applicable zoning bylaw.
(4) Subsection (3) does not apply if the owner of the parcel being subdivided has received compensation that is directly attributable to the reduction in the market value of the land that results from the inability to subdivide the parcel in the manner that would have been permitted under the applicable zoning bylaw.
913 (1) Subject to subsections (3) and (4), once a board has given third reading to a rural land use bylaw, a zoning bylaw or a subdivision servicing bylaw, the board must forward it to the minister for approval.
(2) A bylaw required to be forwarded under subsection (1) has no effect if it is adopted without the approval of the minister.
(3) Subsection (1) does not apply to a zoning bylaw or a subdivision servicing bylaw that
(a) applies only to an area that is subject to an official community plan or to an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985, and
(b) is consistent with the official community plan or official settlement plan.
(4) The minister may make regulations
(a) defining areas for which and describing circumstances in which subsections (1) and (2) do not apply, and
(b) providing that an exception under paragraph (a) is to be subject to the terms and conditions specified by the minister.
(5) Regulations under subsection (4) may be different for different regional districts, different areas and different circumstances.
914 (1) Compensation is not payable to any person for any reduction in the value of that person's interest in land, or for any loss or damages that result from the adoption of an official community plan, a rural land use bylaw or a bylaw under this Division or the issue of a permit under Division 9 of this Part.
(2) Subsection (1) does not apply where the rural land use bylaw or bylaw under this Division restricts the use of land to a public use.
915 (1) In this section, "intensive agriculture" means the use of land, buildings and structures by a commercial enterprise or an institution for
(a) the confinement of poultry, livestock or fur bearing animals, or
(b) the growing of mushrooms.
(2) Despite a rural land use bylaw or zoning bylaw, if land is located in a reserve established under the Agricultural Land Reserve Act and that land is not subject to section 21 (1) of that Act, intensive agriculture is permitted as a use.
(3) Subsections (1) and (2) cease to have effect in an area after a zoning or rural land use bylaw for that area is approved under section 887 (8) or 903 (5).
916 (1) In this section and sections 917 to 919, "minister" means the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.
(2) The minister may establish, publish and distribute standards in relation to farming areas for the guidance of local governments in the preparation of rural land use bylaws, zoning bylaws and bylaws under this Division.
(3) Standards under subsection (2) may differ for different parts of British Columbia.
917 (1) Subject to receiving the approval of the minister, a local government may make bylaws in relation to farming areas
(a) respecting the conduct of farm operations as part of a farm business,
(b) respecting types of buildings, structures, facilities, machinery and equipment that are prerequisite to conducting farm operations specified by the local government and that must be utilized by farmers conducting the specified farm operations,
(c) respecting the siting of stored materials, waste facilities and stationary equipment, and
(d) prohibiting specified farm operations.
(2) A bylaw under subsection (1) may be different for one or more of the following:
(a) different sizes or types of farms;
(b) different types of farm operations;
(c) different site conditions;
(d) different uses of adjoining land;
(e) different areas.
918 (1) Sections 887 (8), 903 (5) and 917 do not apply unless a regulation under this section declares that they apply.
(2) The Lieutenant Governor in Council may declare by regulation that, generally or for some or all of the geographic area specified in the regulation, on and after the date specified in the regulation, section 887 (8), 903 (5) or 917 applies to
(a) the board of a regional district specified in the regulation,
(b) the council of a municipality specified in the regulation, or
(c) the local trust committee under the Islands Trust Act of a local trust area specified in the regulation.
919 (1) In this section, "regulation" means a regulation under section 918 respecting the application of section 887 (8) or 903 (5) to a board, council or local trust committee.
(2) A board or a local trust committee to which a regulation applies must review all rural land use bylaws and zoning bylaws of the board or local trust committee, as the case may be, in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister.
(3) A council to which a regulation applies must review all zoning bylaws of the council in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 916 by the minister.
(4) During the first 3 years after a regulation commences to apply to the board of a regional district, to a local trust committee of a local trust area or to the council of a municipality, as the case may be, or during any extension to that 3 year period that the minister may grant,
(a) the board or local trust committee may amend, by bylaw, its rural land use bylaws or zoning bylaws, and
(b) the council may amend, by bylaw, its zoning bylaws,
in order to achieve consistency between the bylaws as they relate to any farming areas within the geographic area to which the regulation applies and the standards established under section 916 by the minister.
(5) As an exception to the usual requirements regarding rural land use bylaws and zoning bylaws, a bylaw that makes an amendment authorized under subsection (4) may be adopted without public hearing.
920 (1) If an official community plan designates areas under section 879 (1), the following prohibitions apply unless an exemption under section 879 (3) applies or the owner first obtains a development permit under this section:
(a) land within the area must not be subdivided;
(b) construction of, addition to or alteration of a building or structure must not be started;
(c) [Repealed 1999-38-53.]
(d) land within an area designated under section 879 (1) (a) or (b) must not be altered;
(e) land within an area designated under section 879 (1) (d), or a building or structure on that land, must not be altered.
(2) Subject to subsections (3) to (6), a local government may, by resolution, issue a development permit that
(a) varies or supplements a bylaw under Division 7 or 11 of this Part,
(b) includes requirements and conditions or set standards under subsections (7) to (10), and
(c) imposes conditions respecting the sequence and timing of construction.
(3) The authority under subsection (2) must be exercised only in accordance with the applicable guidelines specified in an official community plan under section 879 (2) (b).
(4) A development permit must not vary the use or density of the land from that permitted in the bylaw except as authorized by subsection (5).
(5) If the land was designated under section 879 (1) (b), the conditions and requirements referred to in subsection (7.1) of this section may vary that use or density, but only as they relate to health, safety or protection of property from damage.
(6) A development permit must not vary a flood plain specification under section 910 (2).
(7) For land designated under section 879 (1) (a), a development permit may do one or more of the following:
(a) specify areas of land that must remain free of development, except in accordance with any conditions contained in the permit;
(b) require specified natural features or areas to be preserved, protected, restored or enhanced in accordance with the permit;
(c) require natural water courses to be dedicated;
(d) require works to be constructed to preserve, protect, restore or enhance natural water courses or other specified natural features of the environment;
(e) require protection measures, including that vegetation or trees be planted or retained in order to
(i) preserve, protect, restore or enhance fish habitat or riparian areas,
(ii) control drainage, or
(iii) control erosion or protect banks.
(7.1) For land designated under section 879 (1) (b), a development permit may do one or more of the following:
(a) specify areas of land that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire, or to another hazard if this other hazard is specified under section 879 (1) (b), as areas that must remain free of development, except in accordance with any conditions contained in the permit;
(b) require, in an area that the permit designates as containing unstable soil or water which is subject to degradation, that no septic tank, drainage and deposit fields or irrigation or water systems be constructed;
(c) in relation to wildfire hazard, include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and structures;
(d) in relation to wildfire hazard, establish restrictions on the type and placement of trees and other vegetation in proximity to the development.
(8) If land has been designated under section 879 (1) (d) or (e), a development permit may include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and structures.
(9) Despite subsection (8), if land has been designated under section 879 (1) (e), a requirement under subsection (8) may only relate to the general character of the development and not to particulars of the landscaping or of the exterior design and finish of buildings and structures.
(10) A development permit for land that has been designated under section 879 (1) (c) may include requirements for screening, landscaping, fencing and siting of buildings or structures, in order to provide for the buffering or separation of development from farming on adjoining or reasonably adjacent land.
(11) Before issuing a development permit under this section, a local government may require the applicant to provide, at the applicant's expense, a report, certified by a professional engineer with experience in geotechnical engineering, to assist the local government in determining what conditions or requirements under subsection (7.1) it will impose in the permit.
(12) If a local government delegates the power to issue a development permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter.
920.1 (1) For the purposes of this section, "development approval information" means information on the anticipated impact of the proposed activity or development on the community including, without limiting this, information regarding impact on such matters as
(a) transportation patterns including traffic flow,
(b) local infrastructure,
(c) public facilities including schools and parks,
(d) community services, and
(e) the natural environment of the area affected.
(2) If an official community plan includes a provision under section 879.1 (1), the local government must, by bylaw, establish procedures and policies on the process for requiring development approval information under this section and the substance of the information that may be required.
(3) If a bylaw under subsection (2) is adopted, the local government or an officer or employee authorized under subsection (4) may require an applicant for
(a) an amendment to a zoning bylaw under section 903,
(b) a development permit under section 920, or
(c) a temporary commercial or industrial use permit under section 921
to provide to the local government, at the applicant's expense, development approval information in accordance with the procedures and policies established under subsection (2) of this section.
(4) A bylaw under subsection (2) may authorize an officer or employee to require development approval information under this section.
(5) An applicant subject to a decision of an officer or employee under subsection (4) is entitled to have the local government reconsider the matter without charge.
(6) A bylaw under subsection (2) that authorizes an officer or employee to require development approval information under this section must establish procedures regarding applying for and dealing with a reconsideration under subsection (5).
(7) Development approval information is not required under this section if the proposed activity or development is a reviewable project under section 3 or 4 of the Environmental Assessment Act.
921 (1) If an official community plan or a rural land use bylaw designates areas where temporary commercial or industrial uses may be allowed, on application by an owner of land, a local government may, by resolution, issue a temporary commercial or industrial use permit.
(2) If land outside a municipality is not within an area to which an official community plan or rural land use bylaw applies, on application by the owner of the land, a local government may, by bylaw, issue a temporary commercial or industrial use permit.
(3) Despite a zoning bylaw or rural land use bylaw, a temporary commercial or industrial use permit may do one or more of the following:
(a) allow any commercial or industrial use, including
(i) in the case of a commercial use, the provision of temporary tourist accommodation, and
(ii) in the case of an industrial use, the processing of natural materials,
as specified in the permit;
(b) permit the construction or use of buildings or structures to accommodate persons who work at the commercial or industrial enterprise in respect of which the permit is issued;
(c) specify conditions under which the temporary commercial or industrial use may be carried on.
(4) If a local government proposes to pass a resolution allowing a temporary commercial or industrial use permit to be issued, it must give notice in accordance with subsections (5) and (6).
(5) The notice must
(a) state
(i) in general terms, the purpose of the proposed permit,
(ii) the land or lands that are the subject of the proposed permit,
(iii) the place where and the times and dates when copies of the proposed permit may be inspected, and
(iv) the date, time and place when the resolution will be considered, and
(b) be published in a newspaper at least 3 and not more than 14 days before the adoption of the resolution to issue the permit.
(6) Section 892 (4) to (7) applies to the notice.
(7) Sections 890, 891, 892, 894 and 913, as they apply to a rural land use bylaw, apply to a bylaw under subsection (2).
(8) As a condition of the issue of a permit, a local government may require the owner of the land to give an undertaking to
(a) demolish or remove a building or structure, and
(b) restore land described in the permit to a condition specified in the permit by a date specified in the permit.
(9) An undertaking under subsection (8) must be attached to and forms part of the permit.
(10) If the owner of the land fails to comply with all of the undertakings given under subsection (8), the local government may enter on the land and carry out the demolition, removal or restoration at the expense of the owner.
(11) The owner of land in respect of which a temporary commercial or industrial use permit has been issued has the right to put the land to the use described in the permit until
(a) the date that the permit expires, or
(b) 2 years after the permit was issued,
whichever occurs first.
(12) In addition to any security required under section 925 (1), a local government may require, as a condition of issuing the permit, that the owner of the land give to the local government security to guarantee the performance of the terms of the permit, and the permit may provide for
(a) the form of the security, and
(b) the means for determining
(i) when there is default under the permit, and
(ii) the amount of the security that forfeits to the local government in the event of default.
(13) A person to whom a temporary commercial or industrial use permit has been issued may apply to have the permit renewed, and subsections (8) to (12) apply.
(14) A permit issued under this section may be renewed only once.
(15) If a local government delegates the power to issue a temporary commercial or industrial use permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter.
922 (1) On application by an owner of land, a local government may, by resolution, issue a development variance permit that varies, in respect of the land covered in the permit, the provisions of
(a) a rural land use bylaw,
(b) a bylaw under Division 7, 8 or 11 of this Part, or
(c) a bylaw under section 694 (1) (j).
(2) As a limit on subsection (1), a development variance permit must not vary
(a) the use or density of land from that specified in the bylaw, or
(b) a flood plain specification under section 910 (2).
(3) In the event of conflict, the provisions of a development variance permit prevail over any provision of the bylaw.
(4) If a local government proposes to pass a resolution to issue a permit under this section, it must give notice in accordance with subsections (5) and (6).
(5) The notice under subsection (4) must state the following:
(a) in general terms, the purpose of the permit;
(b) the land or lands that are the subject of the permit;
(c) the place where and the times and dates when copies of the permit may be inspected.
(6) The notice under subsection (4) must be mailed or otherwise delivered at least 10 days before adoption of the resolution to issue the permit
(a) to the owners, as shown on the assessment roll as at the date of application for the permit, and
(b) to any tenants in occupation, as at the date of the mailing or delivery of the notice,
of each parcel, any part of which is the subject of the permit or is within a distance specified by bylaw from that part of the land that is subject to the permit.
(7) The obligation to give notice under subsection (4) must be considered satisfied if the local government made a reasonable effort to mail or otherwise deliver the notice.
(8) As a limitation on section 176 (1) (e) [corporate powers – delegation], a local government may not delegate the issuance of a development variance permit.
923 (1) A board may, by bylaw, designate areas of land that it considers may be subject to flooding, erosion, land slip or avalanche as tree cutting permit areas.
(2) A bylaw may, in respect of an area designated under subsection (1),
(a) regulate or prohibit the cutting down of trees, and
(b) require an owner to obtain, on payment of a fee set by the bylaw, a permit before cutting down a tree.
(3) The bylaw may allow the board, at its discretion, to require an applicant to provide at the applicant's expense, a report certified by a qualified person, agreed upon by both parties, that the proposed cutting of trees will not create a danger from flooding or erosion.
924 (1) If a zoning bylaw is subject to section 54 (2) of the Highway Act, a permit under this Division must not be issued for the construction of commercial or industrial buildings exceeding 4 500 m2 in gross floor areas unless a site plan of the buildings, including traffic circulation and parking areas and facilities, has been approved by the Minister of Transportation and Highways.
(2) In considering whether to approve a site plan under subsection (1), the Minister of Transportation and Highways must consider only the effect of the proposed development on the controlled access highway.
925 (1) As a condition of the issue of a permit under this Division but for the purposes only of subsections (2) and (2.1), a local government may require that the applicant for the permit provide security in an amount stated in the permit by whichever of the following the applicant chooses:
(a) an irrevocable letter of credit;
(b) the deposit of securities in a form satisfactory to the local government.
(2) Subsection (2.1) applies if a local government considers that
(a) a condition in a permit respecting landscaping has not been satisfied,
(b) an unsafe condition has resulted as a consequence of contravention of a condition in a permit, or
(c) damage to the natural environment has resulted as a consequence of a contravention of a condition in a permit.
(2.1) In the circumstance referred to in subsection (2), the local government may
(a) undertake, at the expense of the holder of the permit, the works, construction or other activities required to satisfy the landscaping condition, correct the unsafe condition or correct the damage to the environment, and
(b) apply the security under subsection (1) in payment of the cost of the works, construction or other activities, with any excess to be returned to the holder of the permit.
(3) Interest earned on the security provided under subsection (1) accrues to the holder of the permit and must be paid to the holder immediately on return of the security or, on default, becomes part of the amount of the security.
(4) If a local government delegates the power to require security under subsection (1), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined.
926 (1) Subject to the terms of the permit, if the holder of a permit under this Division does not substantially start any construction with respect to which the permit was issued within 2 years after the date it is issued, the permit lapses.
(2) If a permit lapses, subject to sections 921 (12) and 925 (2.1), the local government must return any security provided under 925 (1) to the person who provided it.
927 (1) If a local government issues a permit under sections 920 to 922, it must file in the land title office a notice that the land described in the notice is subject to the permit, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected.
(2) In the event of any omission, mistake or misfeasance by the registrar of land titles or the employees of the registrar in relation to the making of a note of the filing under subsection (1) or (3) after the notice is received by the land title office,
(a) neither the registrar nor the Provincial government is liable vicariously, and
(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.
(3) If a permit is amended or cancelled, the local government must file a notice of the amendment or cancellation in the manner prescribed by the Lieutenant Governor in Council, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected.
(4) If a notice is filed under subsection (1) or (3), the terms of the permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the permit.
(5) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees.
928 (1) A local government may issue more than one permit for an area of land.
(2) Land must be developed strictly in accordance with the permit or permits issued.
(3) A permit is binding on the local government as well as on the holder of the permit.
(4) A local government may, by bylaw, designate the form of permits issued under this Division.
929 (1) A local government may direct that a building permit be withheld for a period of 30 days, beginning on the day the application for the permit was made, if it passes a resolution identifying what it considers to be a conflict between a development proposed in the application for a building permit and
(a) an official community plan,
(b) a rural land use bylaw, or
(c) a bylaw under sections 903 to 907 or 910
that is under preparation.
(2) Subsection (1) does not apply unless a local government has, by resolution at least 7 days before the application for a building permit, begun the preparation of a plan or bylaw that is in conflict with the application.
(3) During the 30 day period referred to in subsection (1), the local government must consider the application for the permit and may
(a) direct the permit be withheld for a further 60 days, or
(b) grant the permit, but impose conditions in it that would be in the public interest, having regard to the plan or bylaw that is under preparation.
(4) If the local government does not adopt a plan or bylaw referred to in subsection (1) within the 60 day period, the owners of the land for which a building permit was withheld under this section are entitled to compensation for damages arising from the withholding of the building permit, and Division 3 of Part 8 [Expropriation and Compensation] applies.
(5) A council that passes a resolution under subsection (1) may direct that a business licence in respect of the same land be withheld for a period not longer than 90 days, if the council considers that the use to which the land would be put and to which the business licence application relates would be contrary to the use that would be permitted by the bylaw that is under preparation.
(6) Any requirement to approve a permit or licence under this section is subject to section 946.2.
930 (1) In this section, "amend" means modify, vary or discharge.
(2) Subject to subsections (4) and (6), a land use contract that is registered in a land title office may be amended as follows:
(a) by bylaw, with the agreement of
(i) the local government, and
(ii) the owner of any parcel that is described in the bylaw as being covered by the amendment;
(b) by a development permit under section 920 or a development variance permit under section 922, if the amendment does not affect the permitted use or density of use of any parcel against which the contract is registered;
(c) in the manner specified in the land use contract.
(3) A land use contract must not be discharged in the manner provided for in subsection (2) (b).
(4) If a parcel affected by an amendment under subsection (2) is subject to section 54 (2) of the Highway Act,
(a) a bylaw under subsection (2) (a) must not be adopted, and
(b) a development variance permit or a development permit under subsection (2) (b) must not be issued,
until it has been approved by the Minister of Transportation and Highways.
(5) If a local government proposes to amend a land use contract under subsection (2) (a) respecting any matter in it relating to density or use of an area covered by the contract, sections 890 to 894 apply.
(6) A bylaw of a regional district amending a land use contract must not be adopted until it has been approved by the minister.
(7) Subsection (6) does not apply if the land affected by the amendment is in an area that is subject to an official community plan or an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985.
(8) The minister may make regulations
(a) defining areas for which and describing circumstances in which subsection (6) does not apply, and
(b) providing that an exception under paragraph (a) is to be subject to terms and conditions specified by the minister.
(9) If a land use contract is amended by bylaw or by a development variance permit or a development permit, the local government must register the amendment in the land title office in accordance with the Land Title Act.
(10) On registration under subsection (9), the registrar of land titles may require
(a) that a certified copy of the bylaw under this section be registered together with the amendment to the land use contract, and
(b) that a certified copy of the development variance permit or development permit be registered together with the land use contract as amended by it.
(11) The registrar of land titles is not required to inquire whether the land use contract amendment has been made in accordance with this Part or whether it is a valid amendment before permitting registration of an amendment under subsection (9).
931 (1) A local government may, by bylaw, impose one or more of the following types of fees:
(a) application fees for an application to initiate changes to the provisions of a plan or bylaw under Division 2, 3, 7 or 11 of this Part or under Part 27;
(b) application fees for the issue of a local government permit under Division 9 of this Part or a permit under section 972;
(c) application fees for an amendment to a land use contract or to a heritage revitalization agreement under section 966;
(d) application fees for an application to a board of variance;
(e) fees to cover the costs of administering and inspecting works and services under this Part that are costs additional to those related to fees under paragraphs (a) to (d);
(f) subdivision application fees, which may vary with the number, size and type of parcels involved in a proposed subdivision.
(2) A fee imposed under subsection (1) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application or other matter to which the fee relates.
(3) The minister may make regulations
(a) that the minister considers necessary or advisable respecting the imposition of fees under subsection (1), and
(b) prescribing fees for applications referred to in subsection (1) (f).
(4) A regulation under subsection (3) prevails over a bylaw under subsection (1) to the extent of any conflict.
(5) No other fee, charge or tax may be imposed in addition to a fee under subsection (1) as a condition of the matter referred to in that subsection to which the fee relates.
(6) A local government, the City of Vancouver or an approving officer must not
(a) impose a fee, charge or tax, or
(b) require a work or service to be provided
unless authorized by this Act, by another Act or by a bylaw made under the authority of this Act or another Act.
932 In this Division:
"development" means those items referred to in section 933 (1) (a) and (b) for which a development cost charge may be imposed;
"local government" includes a greater board other than the Board of the Greater Vancouver Sewerage and Drainage District.
933 (1) A local government may, by bylaw, for the purpose described in subsection (2), impose development cost charges on every person who obtains
(a) approval of a subdivision, or
(b) a building permit authorizing the construction, alteration or extension of a building or structure.
(2) Development cost charges may be imposed under subsection (1) for the purpose of providing funds to assist the local government to pay the capital costs of
(a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and
(b) providing and improving park land
to service, directly or indirectly, the development for which the charge is being imposed.
(3) A development cost charge is not payable if
(a) the development does not impose new capital cost burdens on the municipality, regional district or greater board, or
(b) a development cost charge has previously been paid for the same development unless, as a result of further development, new capital cost burdens will be imposed on the municipality, regional district or greater board.
(4) A charge is not payable under a bylaw made under subsection (1) if any of the following applies in relation to a development authorized by a building permit:
(a) the permit authorizes the construction, alteration or extension of a building or part of a building that is, or will be, after the construction, alteration or extension, exempt from taxation under section 339 (1) (g);
(b) the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,
(i) contain fewer than 4 self-contained dwelling units, and
(ii) be put to no other use other than the residential use in those dwelling units;
(c) the value of the work authorized by the permit does not exceed $50 000 or any other amount the minister may, by regulation, prescribe.
(5) A development cost charge that is payable under a bylaw under this section must be paid at the time of the approval of the subdivision or the issue of the building permit.
(6) As an exception to subsection (5), the minister may, in respect of all or different classes of developments, by regulation, authorize the payment of development cost charges in instalments and prescribe conditions under which the instalments may be paid.
(7) Despite a bylaw under subsection (1), if
(a) a local government has imposed a fee or charge or made a requirement under
(i) section 363 [imposition of fees and charges – municipal],
(ii) Division 11 of this Part, or
(iii) section 729 of the Municipal Act, R.S.B.C. 1979, c. 290, before the repeal of that section became effective,
for park land or for specific services outside the boundaries of land being subdivided or developed, and
(b) the park land or services referred to in paragraph (a) are included in the calculations used to determine the amount of a development cost charge,
the amount of the fee or charge imposed or the value of the requirement made, as referred to in paragraph (a), must be deducted from those classes of development cost charges that are applicable to the park land or the types of services for which the fee or charge was imposed or the requirement was made.
(8) Despite a bylaw under subsection (1),
(a) if an owner has, with the approval of the local government, provided or paid the cost of providing a specific service, outside the boundaries of land being subdivided or developed, that is included in the calculations used to determine the amount of a development cost charge, the cost of the service must be deducted from the class of development cost charge that is applicable to the service, and
(b) if a work required to be provided under an agreement under section 937.1 (2) is included in the calculations used to determine the amount of a development cost charge, the following amounts are to be deducted from the development cost charge that would otherwise be payable for that class of work:
(i) for a development cost charge payable by a developer for a work provided by the developer under the agreement, the amount calculated as
(A) the cost of the work
less
(B) the amount to be paid by the municipality to the developer under section 937.1 (3) (b), other than an amount that is an interest portion under section 937.1 (6) (c);
(ii) for a development cost charge payable by a person other than the developer referred to in subparagraph (i), the amount calculated as
(A) the amount charged under section 937.1 (2) (b) to the owner of the property
less
(B) any interest portion of that charge under section 937.1 (6) (c).
(9) If a board or greater board has the responsibility of providing a service or park land referred to in subsection (2) in a participating municipality, the board or greater board may, by bylaw under subsection (1), impose a development cost charge that is applicable within that municipality.
(10) The municipality must collect and remit a development cost charge imposed under subsection (9) to the regional district or greater board in the manner provided for in the bylaw.
(11) As a limitation on section 176 (1) (c) [corporate powers – assistance] and section 183 [assistance under partnering agreements], a local government must not provide assistance by waiving or reducing a charge under this section.
(12) As an exception to subsection (11), a local government may provide assistance by waiving or reducing a charge under this section for not-for-profit rental housing.
934 (1) A bylaw that imposes a development cost charge must specify the amount of the charge in a schedule or schedules of development cost charges.
(2) Development cost charges may vary as provided in subsection (3), but must be similar for all developments that impose similar capital cost burdens on the local government.
(3) Development cost charges may vary with respect to one or more of the following:
(a) different zones or different defined or specified areas;
(b) different uses;
(c) different capital costs as they relate to different classes of development;
(d) different sizes or different numbers of lots or units in a development.
(4) In setting development cost charges in a bylaw under section 933 (1), a local government must take the following into consideration:
(a) future land use patterns and development;
(b) the phasing of works and services;
(c) the provision of park land described in an official community plan;
(d) whether the charges
(i) are excessive in relation to the capital cost of prevailing standards of service,
(ii) will deter development, or
(iii) will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land
in the municipality or regional district.
(5) A local government must make available to the public, on request, the considerations, information and calculations used to determine the schedule referred to in subsection (1), but any information respecting the contemplated acquisition costs of specific properties need not be provided.
935 (1) A development cost charge paid to a local government must be deposited by the local government in a separate special development cost charge reserve fund established for each purpose for which the local government imposes the development cost charge.
(2) Sections 336 [investment of municipal funds] and 501 [transfer between funds] apply to a fund established under subsection (1) of this section, subject to the restriction that a bylaw under section 501 authorizing the transfer of an amount from the fund must receive the approval of the minister.
(3) Money in development cost charge reserve funds, together with interest on it, may be used only for the following:
(a) to pay the capital costs of providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking, that relate directly or indirectly to the development in respect of which the charge was collected;
(b) to pay the capital costs of
(i) acquiring park land or reclaiming land as park land, or
(ii) providing fencing, landscaping, drainage and irrigation, trails, restrooms, changing rooms and playground and playing field equipment on park land,
subject to the restriction that the capital costs must relate directly or indirectly to the development in respect of which the charge was collected;
(c) to pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a) or (b).
(4) For the purposes of subsection (3), "capital costs" includes planning, engineering and legal costs directly related to the work for which a capital cost may be incurred under this section.
(5) Authority to make payments under subsection (3) must be authorized by bylaw.
936 (1) If a development cost charge bylaw provides for a charge to acquire or reclaim park land, all or part of the charge may be paid by providing land in accordance with subsection (2).
(2) Land to be provided for the purposes of subsection (1) must
(a) have a location and character acceptable to the local government, and
(b) on the day the charge is payable, have a market value that is at least equal to the amount of the charge.
(3) If the owner and the local government are not able to agree on the market value for the purposes of subsection (2) (b), the market value must be determined in accordance with the regulations under section 941 (7).
(4) If partial payment of a development cost charge for park land in the form of land is made, the remainder must be paid in accordance with a bylaw under section 933 (1).
(5) Section 941 (13) applies to land provided under subsection (1).
(6) Despite section 935 (3), interest earned on money in the park land development cost charge reserve fund may be used by the local government to provide for fencing, landscaping, drainage and irrigation, trails, restrooms and changing rooms, playground and playing field equipment on park land owned by the local government or owned by the Crown and managed by the local government.
937 (1) A bylaw that imposes a development cost charge must not be adopted until it has been approved by the inspector.
(2) The inspector may refuse to grant approval under subsection (1) if the inspector determines that
(a) the development cost charge is not related to capital costs attributable to projects included in the financial plan for the municipality or the capital expenditure program bylaw under section 819.1 for the regional district, as applicable, or
(b) the local government has not properly considered the matters referred to in section 934 (4).
(3) The inspector may revoke an approval under subsection (1) in respect of all or part of a bylaw that imposes a development cost charge.
(4) If the inspector revokes an approval, the part of the bylaw in respect of which the revocation applies has no effect until the local government amends the bylaw and obtains the inspector's approval of the amendment.
(5) The inspector may require a municipality, regional district or greater board to provide the inspector with a report on the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies.
(6) After reviewing the report, the inspector may order the transfer of funds from a development cost charge reserve fund under section 935 (1) to a capital works reserve fund established under section 496 (1) (a).
937.1 (1) In this section:
"development works agreement" means an agreement under subsection (2);
"works" means
(a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and
(b) improving park land.
(2) As a limitation on section 176 (1) (a) and (b) [corporate powers – agreements] and subject to this section, a council may, by bylaw,
(a) enter into an agreement with a developer for the provision of works by the municipality or by the developer,
(b) provide a formula for imposing all or part of the cost of the works on the owners of real property in the area subject to the agreement,
(c) specify when the costs imposed under the formula become a debt payable by the owners to the municipality,
(d) provide that, until the debt is paid, the council, an approving officer, a building inspector or other municipal authority is not obliged to
(i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property of a debtor in the area subject to the agreement, or
(ii) do any other thing necessary for the development of real property of a debtor in the area subject to the agreement, and
(e) provide for borrowing the amount required for the municipality to provide a work under the agreement.
(3) Without limiting the matters that may be dealt with in a development works agreement, the agreement
(a) must specify
(i) the area that is the subject of the agreement,
(ii) the works that are to be provided under the agreement,
(iii) for each work, which party is to provide it, and
(iv) for each work, when it is to be provided,
(b) if the developer is to provide works under the agreement, must provide for the payment to the developer of charges collected under this section by the municipality from owners within the area subject to the agreement, and
(c) may require the developer to provide security acceptable to the council to ensure compliance with the agreement.
(4) A bylaw under subsection (2) must not be adopted unless at least one of the following requirements has been met:
(a) the bylaw has received the assent of the electors in the area that is subject to the development works agreement;
(b) no sufficient petition against the development works agreement has been presented to council after it has given notice of intention to adopt the bylaw;
(c) a sufficient petition for the development works agreement has been presented to the council.
(5) Sections 629 to 632 apply for the purposes of subsection (4) (b) and (c), except that information required in the notice of intention or on each page of the petition for the agreement is the following:
(a) an identification of the proposed development works agreement, including the information referred to in subsection (3) (a);
(b) a statement of the proposed formula as referred to in subsection (2) (b);
(c) an identification of when the costs imposed under the formula are proposed to become a debt payable to the municipality as referred to in subsection (2) (c);
(d) an identification of any proposed authority referred to in subsection (2) (d);
(e) a statement of any proposed borrowing referred to in subsection (2) (e).
(6) A formula under subsection (2) (b)
(a) may be based on the actual cost or on the estimate of the cost as established by the development works agreement,
(b) must provide for the distribution of all or part of the cost among the owners of real property in the area subject to the agreement, and
(c) may provide for increasing the charge payable by owners by an annual interest rate specified in the bylaw.
(7) The time limit specified under subsection (2) (c) must not be later than the time at which a building permit is issued for the property.
(8) At the time specified under subsection (2) (c), the charge imposed under the formula on an owner constitutes a debt of the owner to the municipality.
(9) The failure of the municipality to collect the debt at the time of an approval or the doing of any other thing referred to in subsection (2) (d) does not affect the collectibility of the debt.
(10) A bylaw that provides for borrowing under subsection (2) (e) is deemed to be a loan authorization bylaw, except that a counter petition opportunity as referred to in section 335.1 [counter petition opportunity required for borrowings] is not required.
937.2 In this Division:
"approved capital plan" means the current capital plan of a school board as approved under section 142 of the School Act;
"eligible development" means
(a) a subdivision of land in a school district, or
(b) any new construction, alteration or extension of a building in a school district that increases the number of self-contained dwelling units on a parcel;
"eligible development unit" means a self-contained dwelling unit
(a) authorized by a zoning bylaw or any other enactment, for a parcel created by a subdivision of land in a school district, or
(b) created by any new construction, alteration or extension of a building in a school district that increases the number of self-contained dwelling units on a parcel;
"eligible school district" means a school district for which the school board has indicated an eligible school site requirement in its approved capital plan;
"eligible school site requirement" means a requirement for a school site that is set out in
(a) the final resolution of a school board under section 937.4 (5) (a), and
(b) the approved capital plan of the school board;
"school board" means a board as defined in section 1 of the School Act;
"school site acquisition charge" means the charge set under section 937.5.
937.3 (1) Every person who obtains subdivision approval or a building permit in respect of an eligible development in an eligible school district must pay to the local government, for each eligible development unit that is authorized or will be created, the school site acquisition charge applicable to that category of eligible development.
(2) A school site acquisition charge is imposed under subsection (1) for the purpose of providing funds to assist school boards to pay the capital costs of meeting eligible school site requirements.
(3) A school site acquisition charge is not payable under subsection (1) if any of the following applies:
(a) the eligible development is within a category that is exempt from school site acquisition charges under the regulations;
(b) a school site acquisition charge has previously been paid for the same eligible development unless, as a result of a further subdivision or issuance of a building permit, more eligible development units are authorized or will be created on the parcel;
(c) the eligible development is authorized by a building permit and will, after the construction, alteration or extension, contain fewer than 4 self-contained dwelling units.
(4) A school site acquisition charge payable under this section must be paid at the applicable time as follows:
(a) if a development cost charge is payable under Division 10 in respect of the eligible development, at the same time as the development cost charge is paid;
(b) if no development cost charge is payable under Division 10, at the time of approval of the subdivision if subdivision is required in respect of the eligible development;
(c) if neither paragraph (a) nor (b) applies, at the time that a building permit is issued in respect of the eligible development.
(5) As an exception to subsection (4), the minister may, in respect of all or different categories of eligible development, by regulation
(a) authorize the payment of school site acquisition charges in instalments, and
(b) prescribe conditions under which the instalments may be paid.
937.4 (1) In this section, "local government" includes a local trust committee established under the Islands Trust Act.
(2) Before submitting a capital plan for approval under section 142 of the School Act, a school board must consult with each local government in the school district, and the school board and local government must make all reasonable efforts to reach agreement on the following:
(a) a projection of the number of eligible development units to be authorized or created in the school district in the time frame specified by the minister under section 142 of the School Act for school site acquisition planning;
(b) a projection of the number of children of school age, as defined in the School Act, that will be added to the school district as the result of the eligible development units projected under paragraph (a);
(c) the approximate size and the number of school sites required to accommodate the number of children projected under paragraph (b);
(d) the approximate location and value of school sites referred to in paragraph (c).
(3) Following the consultation under subsection (2) with each local government in the school district, the school board must make a written proposal that sets out its projections on each matter referred to in subsection (2) (a) to (d) for the school district.
(4) The school board must
(a) consider the proposal referred to in subsection (3) at a public meeting of the school board, and
(b) provide written notice of the date, time and place of the meeting to each local government in the school district.
(5) After considering the proposal referred to in subsection (3) at one or more meetings under subsection (4), the school board must
(a) pass a resolution setting out its decisions respecting the matters referred to in subsection (3), and
(b) forward a copy of the resolution to each local government in the school district and request that the local government consider the proposed eligible school site requirements.
(6) A local government that has received a request under subsection (5) (b) must consider the school board's resolution at a regular council meeting and, within 60 days of receiving the request,
(a) pass a resolution accepting the school board's resolution of proposed eligible school site requirements for the school district, or
(b) respond in writing to the school board indicating that it does not accept the school board's proposed school site requirements for the school district and indicating
(i) each proposed eligible school site requirement to which it objects, and
(ii) the reasons for the objection.
(7) If a local government fails to respond within the time required by subsection (6), it is deemed to have agreed to the proposed eligible school site requirements for the school district set out in the school board's resolution.
(8) If the local government provides notice under subsection (6) that it does not accept the proposed eligible school site requirements for the school district, the minister responsible for the School Act must appoint a facilitator, whose responsibilities are to
(a) advise all local governments in the school district of his or her appointment, and
(b) assist the school board and the local governments to reach an agreement on proposed eligible school site requirements.
(9) If the school board and the local governments reach an agreement under subsection (8), the school board must
(a) amend the resolution under subsection (5) or pass a new resolution under that subsection to reflect the agreement, and
(b) forward a copy of the new or amended resolution to each local government in the school district.
(10) If no agreement is reached under subsection (8), the facilitator must
(a) make a report to the minister and the minister responsible for the School Act setting out the disagreement between the parties and must make recommendations as to the resolution of the disagreement, and
(b) provide a copy of the report to the school board and each local government in the school district.
(11) The school board must attach a copy of the facilitator's report to its capital plan submitted under section 142 of the School Act.
937.5 (1) Subject to the regulations, within 60 days of receiving approval of its capital plan under section 142 of the School Act, the school board of an eligible school district must, by bylaw, set the school site acquisition charges applicable to the prescribed categories of eligible development for the school district in accordance with the following formula:
SSAC = [(A × B) ÷ C] × D
where
SSAC = the school site acquisition charge applicable to each prescribed category of eligible development;
A = the value of land required to meet the school board's eligible school site requirements;
B = 35%, or, if another percentage is set by regulation, that other percentage;
C = the number of eligible development units set out in the final resolution of the school board under section 937.4;
D = a factor set by regulation for the prescribed categories of eligible development.
(2) The amount of a school site acquisition charge set under subsection (1) may not exceed the maximum charge prescribed by regulation for each prescribed category of eligible development.
(3) Subject to subsection (4), a school site acquisition charge does not come into effect until 60 days after the day on which the bylaw setting the charge is adopted by the school board.
(4) If, after an application for a subdivision of land or for the issuance of a building permit in respect of an eligible development has been submitted to an approving officer or a local government, as the case may be, and the applicable fee has been paid,
(a) a school site acquisition charge comes into effect with respect to that eligible development, or
(b) the school site acquisition charge applicable to that eligible development is increased,
the charge or increase does not apply to that eligible development for a period of 12 months after the school site acquisition charge bylaw comes into effect.
937.6 A person who is required to pay a school site acquisition charge under section 937.3 may, in place of the charge, or in partial payment of the charge, provide land to the local government or to the school board but only if all of the following agree to the provision of that land:
(a) the local government;
(b) the school board having responsibility for the school district in which the land is located;
(c) the person otherwise required to pay the school site acquisition charge.
937.7 If a school site acquisition charge is payable under section 937.3 in respect of a subdivision approval or the issuance of a building permit, final subdivision approval must not be given and a building permit must not be issued unless one or more of the following has occurred:
(a) the applicable school site acquisition charge has been paid to the local government;
(b) if land is to be provided in the place of a school site acquisition charge under section 937.6,
(i) a registrable transfer of land has been provided to the local government or the school board, as the case may be, or
(ii) in the case of an application for approval of a subdivision, the approving officer has endorsed on the subdivision plan a statement that final approval to the subdivision is given on the condition that the registrable transfer of land will accompany the application to deposit the subdivision plan in the land title office;
(c) the person otherwise required to pay the charge has provided to the local government, in a form satisfactory to the local government, security for payment of the school site acquisition charge or security for the provision of the land referred to in paragraph (b).
937.8 (1) If a person who is required to pay a school site acquisition charge under section 937.3 has already
(a) provided land for a school site in the school district, or
(b) paid all or part of the cost of a school site in the school district,
the local government may, with the agreement of the school board, deduct the value of that land or the amount paid or a portion of either from the school site acquisition charge that is payable in respect of an eligible development.
(2) A deduction may not be made under subsection (1)
(a) for land or money provided to the local government under an agreement entered into under section 942 as it read before this section comes into force, or
(b) for land or money provided to the local government or the school board under a bylaw made under section 937.5.
937.9 (1) The local government to which a school site acquisition charge has been paid must, promptly after receiving payment, provide the money to the school board of the school district in which the eligible development is located.
(2) If land is provided to a local government under section 937.6, the local government to which the land is provided must, promptly after receiving title to the land, transfer title to the land to the school board having responsibility for the school district in which the eligible development is located.
(3) Despite subsection (1) or (2), a local government may charge a school board administration fees and disbursements authorized by the regulations.
937.91 The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing categories of eligible development that are exempt from school site acquisition charges under section 937.3 (1);
(b) requiring a local government or school board to supply information for the purpose of section 937.4;
(c) prescribing categories of eligible development for the purposes of this Division;
(d) prescribing a percentage for the value "B" in the formula set out in section 937.5 (1);
(e) prescribing factors for each prescribed category of eligible development for the value "D" in the formula set out in section 937.5 (1);
(f) establishing maximum school site acquisition charges payable with respect to the different categories of eligible development;
(g) respecting the setting of school site acquisition charges under section 937.5 and, without limitation, enabling or requiring a school district to calculate different school site acquisition charges for one or more local governments in the school district;
(h) governing the procedure a local government or a school board must follow for the purpose of the calculation referred to in paragraph (g);
(i) respecting administration fees and disbursements that may be charged under section 937.9 (3).
938 (1) A local government may, by bylaw, regulate and require the provision of works and services in respect of the subdivision of land, and for that purpose may, by bylaw, do one or more of the following:
(a) regulate and prescribe minimum standards for the dimensions, locations, alignment and gradient of highways in connection with subdivisions of land;
(b) require that, within a subdivision, highways, sidewalks, boulevards, boulevard crossings, transit bays, street lighting or underground wiring be provided, and be located and constructed in accordance with the standards established by the bylaw;
(c) require that, within a subdivision, a water distribution system, a fire hydrant system, a sewage collection system, a sewage disposal system, a drainage collection system or a drainage disposal system be provided, located and constructed in accordance with the standards established in the bylaw.
(2) A bylaw under subsection (1) may be different in relation to one or more of the following:
(a) different circumstances;
(b) different areas;
(c) different land uses;
(d) different zones;
(e) different classes of highways.
(3) A local government must not impose a requirement under subsection (1) (b) or (c) in respect of a subdivision under the Strata Property Act.
(3.1) Before it is adopted, a bylaw under subsection (1) (a) or (b) that establishes standards or requirements in relation to highways in an area outside a municipality
(a) must be approved by the Minister of Transportation and Highways, if the regional district provides the general service referred to in section 797 (1) (c.1), and
(b) may be approved by the Minister of Transportation and Highways for the purposes of section 13.1 (4) of the Highway Act.
(4) If a local government, an improvement district or greater board operates a community water or sewer system, or a drainage collection or disposal system, the local government may, by bylaw, require that a system referred to in subsection (1) (c) be connected to the local government, improvement district or greater board system, in accordance with standards established in the bylaw.
(5) If there is no community water system, the local government may, by bylaw, require that each parcel to be created by the subdivision have a source of potable water having a flow capacity at a rate established in the bylaw.
(6) As a condition of
(a) the approval of a subdivision, or
(b) the issue of a building permit,
a local government may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway.
(7) As a condition of the issue of a building permit, a local government may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section.
(8) Requirements under subsections (6) and (7)
(a) may only be made insofar as they are directly attributable to the subdivision or development, and
(b) must not include specific services that are included in the calculations used to determine the amount of a development cost charge, unless the owner agrees to provide the services.
(9) If the owner agrees to provide the services referred to in subsection (8) (b), the calculation of the development cost charge is subject to section 933 (8).
939 (1) For the purposes of this section, "excess or extended services" means
(a) a portion of a highway system that will provide access to land other than the land being subdivided or developed, and
(b) a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed.
(2) A local government may require that the owner of land that is to be subdivided or developed provide excess or extended services.
(3) If an owner, in accordance with a bylaw under section 938, provides a highway or water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this section applies.
(4) If a local government makes a requirement under subsection (2), the cost of providing the excess or extended services must be paid for by
(a) the municipality or regional district, or
(b) if the local government considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed.
(5) If the owner is required under subsection (4) (b) to pay all or part of the costs of excess or extended services, the municipality or regional district must
(a) determine the proportion of the cost of providing the highway or water, sewage or drainage facilities that it considers constitutes the excess or extended service,
(b) determine which part of the excess or extended service that it considers will benefit each of the parcels of land that will be served by the excess or extended service, and
(c) impose, as a condition of an owner connecting to or using the excess or extended service, a charge related to the benefit determined under paragraph (b).
(6) If the municipality or regional district pays all or part of the costs of excess or extended services, it may recover costs
(a) by a charge under subsection (5) (c), or
(b) by a tax, fee or charge imposed in accordance with section 646 [services for specified area] other than subsection (7) [elector assent] of that section, and sections 648 [borrowing for specified areas] and 651 [application of other Parts to specified areas] apply.
(7) If the owner pays all or part of the costs of excess or extended services, the municipality or regional district must pay the owner
(a) all the charges collected under subsection (5) (c), if the owner pays all the costs, or
(b) a corresponding proportion of all charges collected, if the owner pays a portion of the costs.
(8) A charge payable under subsection (5) (c) must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins.
(9) Charges payable for latecomer connections or use under subsection (5) (c) must be collected during the period beginning when the excess or extended services are completed, up to a date to be agreed on by the owner and the local government and, failing agreement, to a date determined under the Commercial Arbitration Act, but no charges are payable beyond 10 years from the date the service is completed.
940 (1) All works and services required to be constructed and installed at the expense of the owner of the land being subdivided or developed must be constructed and installed to the standards established in the bylaw under section 938 before the approving officer approves of the subdivision or the building inspector issues the building permit.
(2) As an exception, the approval may be given or the permit issued if the owner of the land
(a) deposits, with the municipality or regional district, security
(i) in the form and amount established in the bylaw, or
(ii) if no amount and form is established in the bylaw, in a form and amount satisfactory to the approving officer or building inspector having regard to the cost of installing and paying for all works and services required under the bylaw, and
(b) enters into an agreement with the municipality or regional district to construct and install the required works and services by a specified date or forfeit to the municipality or regional district the amount secured under paragraph (a).
(3) As an exception, security may not be provided under subsection (2) to a regional district in relation to the construction of a highway unless a designated highways official, as defined in the Land Title Act, approves the provision of security for that purpose.
941 (1) An owner of land being subdivided must, at the owner's option,
(a) provide, without compensation, park land of an amount and in a location acceptable to the local government, or
(b) pay to the municipality or regional district an amount that equals the market value of the land that may be required for park land purposes under this section determined under subsection (6).
(2) Despite subsection (1), if an official community plan or a rural land use bylaw contains policies and designations respecting the location and type of future parks, the local government may determine whether the owner must provide land under subsection (1) (a) or money under subsection (1) (b).
(3) The option established by subsection (1) does not apply if a regional district does not exercise a power to provide a community parks service.
(4) The amount of land that may be required under subsection (1) (a) or used for establishing the amount that may be paid under subsection (1) (b) must not exceed 5% of the land being proposed for subdivision.
(5) Subsection (1) does not apply to
(a) a subdivision by which fewer than 3 additional lots would be created,
(b) a subdivision by which the smallest lot being created is larger than 2 hectares, or
(c) a consolidation of existing parcels.
(6) If an owner opts to pay money under subsection (1) (b), the value of the land is whichever of the following is applicable:
(a) the average market value of all the land in the proposed subdivision calculated as that value would be on either
(i) the date of preliminary approval of the subdivision, or
(ii) if no preliminary approval is given, a date within 90 days before the final approval of the subdivision,
as though
(iii) the land is zoned to permit the proposed use, and
(iv) any works and services necessary to the subdivision have not been installed;
(b) if the local government and the owner agree on a value for the land, the value on which they have agreed.
(7) If an owner and a local government do not agree on the market value for the purpose of subsection (6), it must be determined in the manner prescribed in the regulations that the minister may make for the purpose.
(8) If an area of land has been used to calculate the amount of land or money provided or paid under this section, that area must not be taken into account for a subsequent entitlement under subsection (1) in respect of any future subdivision of the land.
(9) Subject to subsection (11), land or payment referred to in subsection (1) must be provided or paid to a municipality or regional district before final approval is given, or the owner and the local government may enter into an agreement that the land or payment be provided or paid by a date, specified in the agreement, after final approval has been given.
(10) Notice of an agreement under subsection (9) must be filed with the registrar of land titles in the same manner as a permit may be filed and section 927 applies.
(11) Despite subsection (9), the minister may, by regulation,
(a) authorize the payment that may be required by this section to be made by instalments, and
(b) prescribe the conditions under which instalments may be paid.
(12) If an owner pays money for park land under this section, the municipality or regional district must deposit this in a reserve fund established for park land acquisition purposes, and sections 336 [investment of municipal funds] and 496 [capital works reserve funds] apply.
(13) If land is provided for park land under this section, the land must be shown as park on the plan of subdivision.
942 [Repealed 1998-27-4.]
943 If, after
(a) an application for a subdivision of land located outside a municipality has been submitted to a district highway manager in a form satisfactory to that official, or
(b) an application for a subdivision of land within a municipality has been submitted to an approving officer and the applicable subdivision fee has been paid,
a local government adopts a bylaw under this Part that would otherwise be applicable to that subdivision, the bylaw has no effect with respect to that subdivision for a period of 12 months after it was adopted unless the applicant agrees in writing that it should have effect.
944 (1) If a parcel being created by a subdivision fronts on a highway, the minimum frontage on the highway must be the greater of
(a) 10% of the perimeter of the lot that fronts on the highway, and
(b) the minimum frontage that the local government may, by bylaw, provide.
(2) A local government may exempt a parcel from the statutory or bylaw minimum frontage provided for in subsection (1).
(3) As a limitation on section 176 (1) (e) [corporate powers – delegation], a local government may only delegate its powers under subsection (2) to an approving officer.
945 (1) An approving officer may require that the owner of the land being subdivided provide, out of the land that is being subdivided and without compensation, land not greater than
(a) 20 metres in depth, for a highway within the subdivision, or
(b) the lesser of
(i) 10 metres in depth, and
(ii) the difference between the current width of a local highway and 20 metres,
for widening an existing local highway that borders or is within the subdivision.
(2) If the approving officer believes that, due to terrain and soil conditions, a roadway of a width of 8 metres cannot, within the 20 metre limit referred to in subsection (1), be adequately supported, protected or drained, the approving officer may determine that the owner provide, without compensation, land of a greater width than that referred to in subsection (1) (a) or (b) that, in the approving officer's opinion, would permit the local highway to be supported, protected or drained.
946 (1) If the requirements of this section are met, an approving officer may approve the subdivision of a parcel of land that would otherwise be prevented from subdivision by a provision in
(a) a bylaw under this Act other than a bylaw under subsection (4), or
(b) a regulation under the Local Services Act
that establishes a minimum parcel size.
(2) An application for subdivision of a parcel under this section may only be made if all the following requirements are met:
(a) the person making the application has owned the parcel for at least 5 years before making the application;
(b) the application is made for the purpose of providing a separate residence for the owner or for the owner's mother, father, mother-in-law, father-in-law, daughter, son, daughter-in-law, son-in-law or grandchild;
(c) the subdivision would not be a subdivision that an approving officer is prevented from approving by subsection (3).
(3) Despite subsection (1), an approving officer must not approve a subdivision under this section in any of the following circumstances:
(a) if
(i) the parcel proposed to be subdivided is classified as farm land for assessment and taxation purposes, and
(ii) after creation of the parcel subdivided for the purpose of providing a residence as stated in subsection (2) (b), the remainder of the parcel proposed to be subdivided would be less than 2 hectares;
(b) if the parcel proposed to be subdivided
(i) is not within an agricultural land reserve established under the Agricultural Land Reserve Act, and
(ii) was created by subdivision under this section, including subdivision under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced by section 13 of the Municipal Amendment Act (No. 2), 1989;
(c) if the parcel proposed to be subdivided
(i) is within an agricultural land reserve established under the Agricultural Land Reserve Act, and
(ii) was within the previous 5 years created by subdivision under this section, including subdivision under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced by section 13 of the Municipal Amendment Act (No. 2), 1989.
(4) Subject to subsections (5) and (6), a local government may, by bylaw, establish the minimum size for a parcel that may be subdivided under this section, and different sizes may be specified for different areas specified in the bylaw.
(5) A bylaw under subsection (4) does not apply to land within an agricultural land reserve established under the Agricultural Land Reserve Act.
(6) Any parcel created by subdivision under this section must be at least 1 hectare unless a smaller area, in no case less than 2 500 m2, is approved by the medical health officer.
(7) For 5 years after subdivision under this section,
(a) the use of the parcel subdivided for the purpose of providing a residence as stated in subsection (2) (b) must be residential use only, and
(b) the use of the remainder of the original parcel must not be changed from the use of the original parcel,
unless the use is changed by bylaw.
(8) For a parcel of land that is not within an agricultural land reserve established under the Agricultural Land Reserve Act, approval of subdivision under this section may only be given on the condition that
(a) the owner of the original parcel covenants with the local government, in respect of each of the parcels being created by the subdivision, that the parcel
(i) will be used as required by subsection (7), and
(ii) will not be subdivided under this section, and
(b) the covenants referred to in paragraph (a) be registered under section 219 of the Land Title Act at the same time that application is made to deposit the subdivision plan.
(9) If a subdivision referred to in subsection (8) is approved, the approving officer must state on the note of approval required by section 88 of the Land Title Act that the approval is subject to conditions established by subsection (8).
946.1 (1) In this Division, "municipality" means a city, town or village incorporated by or under an Act, and includes a district municipality and a regional district.
(2) A municipality must
(a) assess site profiles referred to in section 26.1 (1) of the Waste Management Act, and
(b) in accordance with section 26.1 (5) of the Waste Management Act, provide site profiles to a manager.
946.2 (1) This section applies to an application for one or more of the following:
(a) zoning;
(b) development permits or development variance permits;
(c) removal of soil;
(d) demolition permits respecting structures that have been used for commercial or industrial purposes;
(e) activities prescribed by regulation under the Waste Management Act.
(2) Despite section 929, a municipality must not approve an application referred to in subsection (1) if the municipality
(a) has not received a site profile required under section 26.1 of the Waste Management Act,
(b) has received a site profile but has not sent it to the manager under section 26.1 (5) (b) of the Waste Management Act,
(c) has sent a site profile to the manager under section 26.1 (5) (b) of the Waste Management Act but has not received notice that a site investigation under section 26.2 of that Act will not be required, or
(d) has not received a valid and subsisting approval in principle, conditional certificate of compliance or certificate of compliance under section 27.6 of the Waste Management Act from the person making an application referred to in subsection (1) (a) to (e).
946.3 [Repealed 1998-34-207.]
947 (1) The definitions in section 872 apply to this Part.
(2) In addition to the definitions made applicable by subsection (1), in this Part:
"alter" means to change in any manner and, without limiting this, includes
(a) the making of an improvement, as defined in the Builders Lien Act, and
(b) any action that detracts from the heritage value or heritage character of heritage property;
"approval" means a permit, licence or other authorization required under this or any other enactment administered by the local government or a delegate;
"delegate" means, in relation to a power or duty, a person given authority under section 176 (1) (e) [corporate powers – delegation] to exercise that power or duty;
"heritage alteration permit" means a permit under section 972;
"heritage conservation area" means an area designated under section 880 (1) in an official community plan;
"heritage designation bylaw" means a bylaw under section 967;
"heritage inspection" means the physical examination of property and the research necessary to assess the heritage value and the heritage character of the property or to determine the need for conservation of the property;
"heritage revitalization agreement" means an agreement under section 966;
"real property" includes buildings, structures and other improvements affixed to the land.
(3) A regional district does not have authority under this Part and its board is not a local government for the purposes of this Part unless the regional district has adopted a bylaw to establish and operate a service under 800.1 (2) (h) [services related to heritage conservation].
(4) A provision of this Part that applies to an officer or employee of a local government may apply to an officer or employee of another government with the approval of that government.
948 (1) This Part must not be used to conserve natural landscapes or undeveloped land except
(a) to the extent that the exercise of power under this Part in respect of natural landscape or undeveloped land is, in the opinion of the local government, necessary for the conservation of adjacent or proximate real property that is protected heritage property,
(b) with respect to a site that has heritage value or heritage character related to human occupation or use, or
(c) with respect to individual landmarks and other natural features that have cultural or historical value.
(2) This Part must not be used to restrict a forest management activity relating to timber production or harvesting
(a) on land that is forest reserve land under the Forest Land Reserve Act, or
(b) on managed forest land other than forest reserve land, so long as the managed forest land continues to be used only for that purpose.
(3) This Part must not be used to prevent a use of real property that is permitted under the applicable zoning bylaw for the property or to prevent the development of land to the density allowed in respect of that permitted use under the applicable zoning bylaw, except with regard to property that
(a) is designated by a heritage designation bylaw, or
(b) is subject to temporary heritage protection under this Part.
(4) If there is a conflict between a provision of this Part, or a permit or order made under this Part, and the Heritage Conservation Act, or a permit or order made under that Act, the Heritage Conservation Act, or the permit or order made under it, prevails.
949 Except as provided in sections 956 (7) and 969 a person is not entitled to compensation for
(a) any loss or damage, or
(b) any reduction in the value of property
that results from the performance in good faith of any duty under this Part or the exercise in good faith of any power under this Part.
950 (1) A local government may, by bylaw, define procedures under which a person may apply for an amendment to a bylaw under this Part or for the issue of a permit under this Part.
(2) If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the votes cast.
(3) Every application for a heritage alteration permit or the amendment of a bylaw under this Part must be considered by the local government or, if applicable, its delegate.
(4) The applicant or owner of property subject to a decision made by a delegate is entitled to have the local government reconsider the matter.
951 [Repealed 1998-34-210.]
952 (1) The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by a local government under this Part or about procedures used by a local government under this Part.
(2) Subsection (1) does not authorize the Ombudsman to investigate an issue involving compensation for reduction in the market value of real property caused by a designation under section 967.
(3) The Ombudsman Act, other than section 11 (1) (a) of that Act, applies to investigations under this section and, for that purpose, the local government is deemed to be an authority as defined in that Act.
(4) During an investigation under this section and for up to 6 months after the completion of the investigation if the Ombudsman considers the matter to be unresolved, the Ombudsman may direct that the local government or the complainant, or both, must not take any action on matters specified by the Ombudsman.
(5) If the Ombudsman makes a recommendation under section 23 or 24 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the local government within a reasonable time, the Ombudsman may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsman considers appropriate.
(6) On receipt of a report from the Ombudsman, the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest, and the order is binding on the local government.
(7) Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.
953 (1) In addition to the authority under section 176 (1) (g), a local government may designate an existing organization to act as a community heritage commission.
(2) When it is acting as a community heritage commission, an organization designated under subsection (1) is deemed to be a commission established under section 176 (1) (g) and, when a member of the organization is acting as a member for these purposes, the member is deemed to be a member of a commission established under that section.
954 (1) A local government may, by resolution, establish a community heritage register that identifies real property that is considered by the local government to be heritage property.
(2) The community heritage register
(a) must indicate the reasons why property included in a community heritage register is considered to have heritage value or heritage character, and
(b) may distinguish between heritage properties of differing degrees and kinds of heritage value or heritage character.
(3) Within 30 days after including a property in a community heritage register or deleting property from a community heritage register, the local government must give notice of this
(a) to the owner of the heritage property in accordance with section 974, and
(b) to the minister responsible for the Heritage Conservation Act in accordance with section 977.
(4) The protection of heritage property is not affected by an error or omission in a community heritage register.
955 (1) A local government may recognize the heritage value or heritage character of a heritage property, an area or some other aspect of the community's heritage.
(2) The local government may have a plaque or other marker installed to indicate recognition under subsection (1), subject to the requirement that permission for this must be obtained from the owner of the property on which the marker is installed.
956 (1) For the purposes of assessing the heritage value, heritage character or the need for conservation of real property, a local government or its delegate may order a heritage inspection of the property in any of the following circumstances:
(a) the property is or may be protected heritage property;
(b) the property is identified as heritage property in a community heritage register;
(c) the property is or may be heritage property according to criteria that the local government may, by bylaw, establish for the purposes of this Part.
(2) An order under subsection (1)
(a) must state the purpose of the heritage inspection,
(b) must specify how long the order is to remain in effect,
(c) must require the heritage inspection to be carried out in an expeditious manner,
(d) may provide that the property covered by the order is subject to temporary protection as provided in section 965 until the applicable time under subsection (3) or section 957 (5), and
(e) may include terms, conditions and specifications that the local government or delegate considers appropriate.
(3) Temporary protection under subsection (2) (d) applies until the earliest of the following, subject to an extension of this time under section 957 (5):
(a) the day after a report of the results of the heritage inspection is delivered to a regular meeting of the local government;
(b) the day the local government or its delegate informs the owner that the heritage inspection is completed or is no longer required;
(c) 30 days after the day on which the heritage inspection was ordered.
(4) A person must not interfere with the conducting of a heritage inspection.
(5) A person conducting a heritage inspection may perform tests and remove material samples that are necessary for the purposes of the heritage inspection, but must do this in such a manner that any alterations are as minor and inconspicuous as reasonably possible given the requirements of the heritage inspection.
(6) On completion of a heritage inspection, the local government must
(a) notify the owner of the property that a heritage inspection has been conducted, if the owner was not notified of the heritage inspection before the heritage inspection, and
(b) make a report to the owner of what was done if, as a part of a heritage inspection, an alteration is made or material is removed.
(7) A person whose property is damaged by a heritage inspection under subsection (1) is entitled to have the damage repaired at the expense of the local government or, if the damage cannot be repaired, to compensation from the local government.
957 (1) An order under section 956 (1) authorizes a person conducting the heritage inspection to enter land or premises identified in the order at any reasonable time for the purposes of the heritage inspection.
(2) Before or when entering land under subsection (1), the person conducting the heritage inspection or heritage investigation must make a reasonable attempt to notify the owner or occupier of the land and, if requested, present a copy of the order to the owner or occupier.
(3) Except as provided in subsection (4), nothing in this section or an order made under section 956 authorizes entry into a building without the permission of the owner or occupier.
(4) A justice may issue a warrant authorizing a person to enter land or a building to conduct a heritage inspection ordered under section 956 (1) if the justice is satisfied that
(a) there are reasonable grounds to believe that entry is required to achieve the purposes of the heritage inspection, and
(b) there are reasonable grounds to believe that
(i) an emergency exists,
(ii) the person conducting the heritage inspection or heritage investigation has been unable to notify the owner or occupier after making a reasonable attempt to do so,
(iii) admission has been refused or refusal is anticipated, or
(iv) notification may defeat the object of the entry.
(5) A warrant under subsection (4) may extend the time period for which the property is protected under section 956 (2) (d) and continues in force until the purpose for which the entry is required has been satisfied.
(6) If a heritage inspection is conducted under a warrant under subsection (4), the person conducting the heritage inspection must be accompanied by a peace officer.
958 (1) If, in the opinion of the local government or its delegate, an approval may affect protected heritage property, the local government or delegate may require the applicant for the approval, before the approval is issued,
(a) to provide the local government or delegate, at the expense of the applicant, with information regarding the possible effects that the activity or action enabled by the approval may have on the heritage property, or
(b) to permit the local government or delegate to undertake, at the expense of the local government, studies regarding the matters referred to in paragraph (a) provided that those studies are undertaken promptly.
(2) A requirement under subsection (1) must be communicated to the applicant in writing and include specifications of the information to be provided and of the qualifications of any persons undertaking studies to produce the information.
(3) Specifications referred to in subsection (2) must not be changed by the local government or its delegate without the agreement of the applicant.
959 (1) If, in the opinion of a local government, real property owned by the Provincial government has heritage value or heritage character, the local government may, by resolution, request that Provincial protection be provided for the property.
(2) Within 5 days after a resolution under subsection (1) is adopted, the local government must convey the resolution to the minister responsible for the Heritage Conservation Act.
(3) Once a request has been made under subsection (1), the property for which the protection is requested is subject to temporary protection in accordance with section 965 until the earlier of the following:
(a) the end of 30 days after the resolution authorizing the request was adopted;
(b) the minister responsible for the Heritage Conservation Act notifies the local government in writing that the temporary protection is ended.
(4) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Provincial government.
(5) No more than one request may be made under subsection (1) with respect to any particular building, structure or site during any one 10 year period.
960 (1) A local government may, by bylaw, direct or authorize the officers or employees of the local government who issue approvals to withhold the issuance of any approval for an action that, in the opinion of the person responsible for issuing the approval, would alter or cause an alteration to any of the following:
(a) protected heritage property;
(b) property subject to temporary heritage protection under another section of this Part;
(c) property in a community heritage register.
(2) A bylaw under subsection (1) may establish restrictions, limits or conditions on the duty or power to withhold approvals.
(3) If an approval is withheld under subsection (1), the matter must be referred to the local government at its next regular meeting after the approval is withheld.
(4) If an approval is referred to the local government with regard to property referred to in subsection (1) (a) or (b), the local government may authorize that the approval continue to be withheld until an action referred to in subsection (5) occurs.
(5) An approval must not be withheld under this section if one or more of the following occurs:
(a) a heritage alteration permit is issued authorizing the alteration to which the approval applies;
(b) the applicant agrees to terms and conditions satisfactory to the local government or its delegate to prevent or mitigate circumstances that may detract from the heritage value or heritage character of the property;
(c) in the case of property subject to temporary heritage protection, the protection expires;
(d) in the case of property that appears to the person responsible for issuing the approval to be protected under the Heritage Conservation Act, the local government is notified by the minister responsible for that Act that the requirements of that Act have been met or do not apply.
(6) Except as provided in subsection (4), nothing in this section authorizes the withholding of an approval to which an applicant would otherwise be entitled beyond the time of the meeting at which the matter is referred to the local government under subsection (3).
961 (1) Without limiting section 960, a local government may, by bylaw, direct or authorize the officers or employees of the local government who issue permits for demolition to withhold approval for demolition in the following circumstances:
(a) in the case of protected heritage property, until a heritage alteration permit and any other necessary approvals have been issued with respect to alteration or redevelopment of the site;
(b) in the case of real property identified in a community heritage register established under section 954, until a building permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site.
(2) A local government may establish restrictions, limits or conditions on a duty or power under subsection (1).
(3) Nothing in this section authorizes the withholding of any approvals other than permits for demolition of heritage property.
962 (1) A local government may order that real property is subject to temporary protection in accordance with section 965 if the local government considers that
(a) the property is or may be heritage property, or
(b) protection of the property may be necessary or desirable for the conservation of other property that is heritage property.
(2) An order under subsection (1)
(a) must specify the time period during which the temporary protection applies, which time period may not be longer than 60 days unless the owner of the property agrees to a longer time period, and
(b) must not be made more than once in a 2 year period without the agreement of the owner of the property.
(3) An order under subsection (1) may do one or more of the following:
(a) identify landscape features that are subject to the order;
(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;
(c) establish policies regarding the issuance of a heritage alteration permit in relation to the property.
963 (1) For a period of 120 days beginning on the date of first reading of a bylaw to adopt an official community plan that designates a heritage conservation area, section 971 (1) applies to all properties in the area as if the bylaw had already been adopted.
(2) For a period of 60 days beginning on the date of the first reading of a heritage designation bylaw, section 967 (3) applies as if the heritage designation bylaw had already been adopted.
(3) If the owner of property to which subsection (2) applies agrees, the local government may, by bylaw, extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection.
(4) If the issue of compensation for designation is submitted to arbitration under section 969 before the heritage designation bylaw is adopted, the time period under subsection (2) is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the local government.
(5) If a local government defeats or decides not to proceed with a bylaw, the protection under this section ends.
964 (1) For the purposes of heritage conservation planning for an area identified in the bylaw, a local government may, by bylaw, declare a heritage control period with respect to the area.
(2) A bylaw under subsection (1) must specify the length of the heritage control period, which period may not be longer than one year from the date of adoption of the bylaw.
(3) A bylaw under subsection (1) may do one or more of the following:
(a) identify types of landscape features that are included in the protection under this section;
(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;
(c) establish policies regarding the issuance of a heritage alteration permit in relation to property within the area covered by the bylaw.
(4) During a heritage control period under subsection (1), property within the area covered by the bylaw is subject to temporary protection in accordance with section 965.
(5) A heritage control period under this section may be declared once only during any 10 year period for an area or portion of an area.
965 (1) While property is subject to temporary protection in accordance with this Division, except as authorized by a heritage alteration permit or as referred to in subsection (2), a person must not do any of the following to the property:
(a) alter the exterior of a building or structure;
(b) make a structural change to a building or structure;
(c) move a building or structure;
(d) alter, move or take an action that would damage a fixture or feature identified in the authorizing resolution, order or bylaw for the temporary protection;
(e) alter, excavate or build on the property.
(2) The prohibition under subsection (1) does not apply to alterations that are, by the authorizing resolution, bylaw or order for the temporary protection, allowed to be made without a heritage alteration permit.
966 (1) A local government may, by bylaw, enter into a heritage revitalization agreement under this section with the owner of heritage property.
(2) A heritage revitalization agreement may do one or more of the following:
(a) include provisions regarding the phasing and timing of the commencement and completion of actions required by the agreement;
(b) vary or supplement provisions of one or more of the following:
(i) Part 2 of a rural land use bylaw under section 887 (3);
(ii) a bylaw under Division 7, 10 or 11 of Part 26;
(iii) a permit under Division 9 of Part 26;
(iv) a bylaw or heritage alteration permit under this Part;
(c) include other terms and conditions that may be agreed on by the local government and the owner.
(3) A heritage revitalization agreement prevails over a bylaw or permit referred to in subsection (2) (b) to the extent of any conflict.
(4) A heritage revitalization agreement may only be amended by bylaw with the consent of the owner.
(5) A local government must not require an owner to enter into or consent to the amendment of a heritage revitalization agreement as a condition of issuing any permit, licence or other authorization that may be required to enable the heritage property to be used or developed in accordance with the applicable bylaws.
(6) A local government must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved as follows:
(a) by the Minister of Environment, Lands and Parks, if the agreement or amendment varies a bylaw under section 910;
(b) by the Minister of Transportation and Highways, if the agreement or amendment covers land subject to section 54 (2) of the Highway Act;
(c) by the minister, if circumstances prescribed under subsection (7) apply.
(7) The minister may, by regulation, prescribe circumstances in which approval under subsection (6) (c) is required.
(8) Before entering into or amending a heritage revitalization agreement, a local government must hold a public hearing on the matter if the agreement or amendment would permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property and, for these purposes, sections 890 to 894 apply.
(8.1) Despite section 257, if a public hearing on the matter has been held under subsection (8), the local government may adopt the bylaw under this section at the same meeting at which the bylaw passed third reading.
(9) Within 30 days after entering into or amending a heritage revitalization agreement, the local government must
(a) file a notice in the land title office in accordance with section 976, and
(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 977.
(10) If a notice is filed under subsection (9) (a), the heritage revitalization agreement and any amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.
967 (1) A local government may, by bylaw, on terms and conditions it considers appropriate, designate real property in whole or in part as protected under this section if the local government considers that
(a) the property has heritage value or heritage character, or
(b) designation of the property is necessary or desirable for the conservation of a protected heritage property.
(2) A heritage designation bylaw may do one or more of the following:
(a) apply to a single property or to part of a property;
(b) apply to more than one property, including properties owned by different persons;
(c) apply to affixed interior building features or fixtures identified in the bylaw;
(d) apply to landscape features identified in the bylaw;
(e) establish policies or procedures regarding the provision of financial or other support for the conservation of the heritage property;
(f) specify types of alterations to the property that are allowed without a heritage alteration permit;
(g) establish policies regarding the issuance of heritage alteration permits in relation to property covered by the bylaw.
(3) Except as authorized by a heritage alteration permit or allowed under subsection (2) (f), a person must not do any of the following:
(a) alter the exterior of a building or structure protected under this section;
(b) make a structural change to a building or structure protected under this section;
(c) move a building or structure protected under this section;
(d) alter, remove or take an action that would damage an interior feature or fixture that is identified under subsection (2) (c);
(e) alter, remove or take an action that would damage a landscape feature that is identified under subsection (2) (d);
(f) alter, excavate or build on land protected under this section.
968 (1) Before a heritage designation bylaw is adopted, the local government must hold a public hearing on the proposed bylaw for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed bylaw.
(2) Sections 890 (2), (3) and (5) to (9), 891 and 894 apply with respect to the public hearing and enactment of the heritage designation bylaw.
(3) At least 10 days before the public hearing, a notice in the prescribed form must be given in accordance with section 974 to
(a) all persons who, according to the records of the land title office, have a registered interest in real property that would be designated, and
(b) all occupiers of real property that would be designated.
(4) A notice in the prescribed form must also be published in at least 2 consecutive issues of a newspaper, with the last publication to be at least 3 days but not more than 10 days before the public hearing.
(5) The local government must have a report prepared regarding the property to be designated that includes information respecting the following matters:
(a) the heritage value or heritage character of the property;
(b) the compatibility of conservation with the official community plan and any other community planning objectives in the area in which the property is located;
(c) the compatibility of conservation with lawful uses of the property and adjoining lands;
(d) the condition and economic viability of the property;
(e) the possible need for financial or other support to enable appropriate conservation.
(6) At least 10 days before the public hearing, the report under subsection (5) must be available for public inspection at the local government office during its regular office hours.
(7) No heritage designation bylaw is invalid for inadvertent and minor non-compliance with this section or Division 6 of this Part, or for an error or omission in the report required under subsection (5).
(8) Within 30 days after a local government adopts or defeats a heritage designation bylaw or determines not to proceed with the bylaw, the local government must give notice of this in the prescribed form to the owners entitled to notice under subsection (3) (a).
(9) Within 30 days after adopting a heritage designation bylaw, the local government must give notice of this
(a) to the land title office in accordance with section 976, and
(b) to the minister responsible for the Heritage Conservation Act in accordance with section 977.
969 (1) If a designation by a heritage designation bylaw causes, or will cause at the time of designation, a reduction in the market value of the designated property, the local government must compensate an owner of the designated property who makes an application under subsection (2), in an amount or in a form the local government and the owner agree on or, failing an agreement, in an amount or in a form determined by binding arbitration under subsection (4).
(2) The owner of a designated property may apply to the local government for compensation for the reduction in the market value of the designated property.
(3) An application under subsection (2)
(a) must be made, in order for the owner to be entitled to compensation under this section, no later than one year after the heritage designation bylaw is adopted, and
(b) may be made before the heritage designation bylaw is adopted.
(4) If the local government and an owner are unable to agree
(a) that the owner is entitled to compensation, or
(b) on the amount or form of compensation,
then either the local government or the owner may require the matter to be determined by binding arbitration under the Commercial Arbitration Act.
(5) An arbitration under this section must be by a single arbitrator unless the local government and the owner agree to the appointment of an arbitration panel.
(6) The arbitrator or arbitration panel, in determining whether the owner is entitled to compensation and the amount or form of compensation, must consider
(a) financial and other support available for conservation of the designated property, and
(b) any other benefits that are available because of the designation of the property.
(7) Compensation must not be paid, and an arbitration must not continue, if the local government defeats, or decides not to proceed with, the designation bylaw.
(8) Nothing in this section authorizes the local government to give any financial or other benefit to an owner except that which is commensurate with the reduction in the market value of the designated property caused by that designation.
(9) This section does not apply with respect to property that, immediately before the adoption of the heritage designation bylaw, is already designated under a heritage designation bylaw or under section 9 of the Heritage Conservation Act.
970 (1) A local government may, by bylaw, establish minimum standards for the maintenance of real property that is
(a) designated as protected by a heritage designation bylaw, or
(b) within a heritage conservation area.
(2) Different standards may be established under subsection (1) for different areas or for different types or classes of property.
971 (1) If an official community plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued:
(a) subdivide land within the area;
(b) start the construction of a building or structure or an addition to an existing building or structure within the area;
(c) alter a building or structure or land within the area;
(d) alter a feature that is protected heritage property.
(2) Subsection (1) does not apply if conditions established under section 880 (3) (a) apply.
(3) If a heritage alteration permit is required by subsection (1), a delegate may only act in relation to such a permit if
(a) the property is protected heritage property, or
(b) the permit relates to a feature or characteristic identified under section 880 (3) (c).
972 (1) A local government or its delegate may issue a heritage alteration permit authorizing alterations or other actions if the authorization is required by
(a) this Act or by a bylaw or order under this Act,
(b) a heritage revitalization agreement, or
(c) a covenant under section 219 of the Land Title Act.
(2) The heritage alteration permit may, in relation to protected heritage property or property within a heritage conservation area, vary or supplement provisions of one or more of the following:
(a) Part 2 of a rural land use bylaw under section 887 (3);
(b) a bylaw under Division 7, 10 or 11 of Part 26;
(c) a permit under Division 9 of Part 26;
(d) a bylaw or heritage alteration permit under this Part.
(3) A permit issued under this section prevails over a bylaw or permit referred to in subsection (2) to the extent of any conflict.
(4) The following restrictions apply to subsection (2):
(a) the use or density of use may not be varied;
(b) a flood plain specification under section 910 (2) may not be varied;
(c) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under section 880 (2) (c) for the heritage conservation area.
(5) A local government or its delegate may refuse to issue a heritage alteration permit for an action that, in the opinion of the local government or delegate, would not be consistent with the purpose of the heritage protection of the property.
(6) If the refusal to issue a heritage alteration permit prevents the use of land that is allowed under the applicable zoning bylaw or the development of land to the density that is allowed under the applicable zoning bylaw in respect of that permitted use, the local government or delegate must inform the applicant of the requirements or conditions under which a use or density proposed by the applicant in accordance with section 948 (3) would be allowed.
973 (1) A heritage alteration permit may be made subject to the terms, requirements and conditions that the local government or its delegate considers consistent with the purpose of the heritage protection of the property.
(2) Without limiting subsection (1), a heritage alteration permit may include one or more of the following:
(a) conditions respecting the sequence and timing of construction;
(b) conditions respecting the character of the alteration or action to be authorized, including landscaping and the siting, form, exterior design and finish of buildings and structures;
(c) if the permit is required by this Part or a bylaw or order under this Part, a requirement that the applicant provide a specified amount of security, in a form satisfactory to the local government, to guarantee the performance of the terms, requirements and conditions of the permit.
(3) Interest earned on security under subsection (2) (c) becomes part of the amount of the security.
(4) If a local government considers that the holder of a heritage alteration permit has contravened or failed to comply with a term, requirement or condition of the permit, the local government may undertake and complete the works required to satisfy the term, requirement or condition, or to ameliorate the effects of the contravention or noncompliance, at the cost of the holder of the permit.
(5) The local government may recover the cost of the work undertaken under subsection (4) and the cost of incidental expenses incurred by the local government by applying the security provided under subsection (2) (c) in payment for the cost of the works and incidental expenses, with any excess to be returned to the holder of the permit.
(6) If there is no security deposit or the amount of security is insufficient, the local government may add the cost of works undertaken and incidental expenses, or the remaining costs, to the taxes payable to the local government with respect to the property for the year in which the work is performed.
(7) When a permit lapses or the actions it authorizes are completed, the local government must, subject to subsection (5), return any security provided under subsection (2) (c) to the person who provided it.
(8) If a local government delegates the power to require security under subsection (2) (c), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined.
974 (1) Any notice required to be given to an owner or occupier under section 880 (4) or this Part must be given to the owner or occupier in accordance with this section.
(2) A notice to an owner is sufficiently given to the owner if
(a) it is served personally on the owner,
(b) it is sent by registered mail, or by a method of delivery that provides proof of delivery, to the person's actual or last known address,
(c) in the circumstances described in subsection (4), it is published in accordance with that subsection, or
(d) it is given as authorized by regulation under section 978.
(3) A notice to an occupier is sufficiently given to the occupier if
(a) the notice is given individually to each occupier in accordance with subsection (2), or
(b) the notice is posted on or near the property in accordance with section 975.
(4) If a notice cannot be served personally on an owner or occupier and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the notice may be given by publication in 2 issues, at least one week apart, of a newspaper having general circulation
(a) in the area where the owner or occupier to be given notice was last known to reside or carry on business according to the information available to the person giving the notice, or
(b) in the area where the land to which the notice relates is situated.
(5) A notice given in accordance with subsection (2) (b) is deemed to be received on the earlier of
(a) the date the person to whom it is sent actually receives the notice, and
(b) the end of 10 days after the date on which the notice was sent.
975 (1) A local government may authorize a person to post one or more notices on or near
(a) protected heritage property, or
(b) real property subject to temporary heritage protection under section 956, 959, 962, 963 or 964.
(2) Before or when entering land to post a notice, the local government must make a reasonable effort to inform the owner or occupier of the land.
(3) Except as authorized by the local government, a person must not alter or remove a notice posted under the authority of this section.
976 (1) A local government must file a written notice in the land title office with respect to the following real property:
(a) property that is subject to a provision under section 343 (1) or 810.1 (1) [repayment requirements in relation to heritage exemptions];
(b) property that is subject to a heritage revitalization agreement;
(c) property designated by a heritage designation bylaw.
(2) On receipt of a notice under subsection (1), the registrar must make a note of the filing on the title of the affected land.
(3) If a provision, agreement or bylaw referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the local government must notify the land title office.
(4) On receipt of a notice under subsection (3), the registrar must cancel the note made under subsection (2).
(5) Notification to the land title office under subsection (1) or (3) must be made in a form satisfactory to the registrar.
(6) The protection of property under this Act is not affected by
(a) an inadvertent and minor error or omission in a notice given by a local government to the registrar in relation to a note on a land title,
(b) an error or omission in a note on a land title, or
(c) a failure by the registrar to make a note on a land title.
(7) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making or cancelling of a note under this section,
(a) the registrar is not liable nor is the Provincial government vicariously liable, and
(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.
(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees.
977 (1) A local government must notify the minister responsible for the Heritage Conservation Act with respect to the following real property:
(a) heritage property for which a tax exemption is provided under section 342 or 810 [exemptions for heritage properties];
(b) heritage property included under section 970.1 (3) (b) in a schedule to an official community plan;
(c) heritage property identified in a community heritage register under section 954;
(d) heritage property that is subject to a heritage revitalization agreement;
(e) property designated by a heritage designation bylaw.
(2) If the provisions that require that notice must be given under subsection (1) no longer apply to any real property, the local government must notify the minister responsible for the Heritage Conservation Act.
(3) Notices to the minister under subsections (1) and (2) of this section or section 959 (2) must be made in a form satisfactory to that minister.
(4) The protection of property under this Act is not affected by an error or omission in a notice given under this section.
978 (1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice under this Part or under section 342 (5), 810 (5) or 880 (4) or (5).
(2) Regulations under subsection (1) may be different for different types of notices and for different types of properties.
979 (1) A local government may apply to the Supreme Court for an order for compliance or restoration if a person does one or more of the following:
(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required by or under this Act;
(b) fails to comply with the requirements and conditions of a heritage alteration permit;
(c) fails to comply with a direction of the Ombudsman under section 952 (4);
(d) fails to bring property up to the standards established under section 970.
(2) An order under subsection (1) may include one or more of the following:
(a) a requirement that, on terms and conditions the court specifies, the person restore the property to which the matter relates to its condition before the contravention;
(b) a requirement that the person undertake compensatory conservation work as the court considers appropriate on the property that was affected or on other property, or that conservation work be performed by others at the expense of that person;
(c) a requirement that the person comply with a direction under section 952 (4) or with the requirements and conditions of a heritage alteration permit;
(d) a requirement that the person carry out measures specified by the court to ameliorate the effects of the contravention or non-compliance;
(e) an authorization that the local government may, by its employees or others at the expense of the owner, perform work regarding a matter referred to in this subsection;
(f) any other requirement the court considers advisable.
(3) If an order is made under subsection (2) (e), the court may specify how and when the person will reimburse the local government for the cost of the work performed and the cost of incidental expenses accruing under the order.
(4) Without limiting subsection (3), the court may authorize the local government to add the cost of the work undertaken and the cost of incidental expenses under the order to the taxes payable to the local government with respect to the property for the year in which the work is performed.
(5) An order may be made under this section whether or not a person is charged with an offence under section 981 in relation to the matter.
980 (1) An officer or employee of a local government may recommend to the local government that a notice be filed in the land title office if the officer or employee discovers in the course of duties that any of the following has occurred:
(a) something for which a heritage alteration permit is required by or under this Act has been done without the authority of a heritage alteration permit;
(b) a person has failed to comply with the requirements and conditions of a heritage alteration permit;
(c) the terms and conditions of a heritage revitalization agreement have been contravened;
(d) a covenant registered by the local government under section 219 of the Land Title Act in relation to heritage property has been contravened.
(2) Sections 700 and 701 apply for the purposes of this section as though the person making the recommendation under subsection (1) of this section were a building inspector making a recommendation under section 700 (1).
(3) The authority under subsection (1) is in addition to any other action the person or local government is authorized to take in relation to the matter.
981 (1) A person who does any of the following commits an offence:
(a) without the authority of a heritage alteration permit, does anything for which a heritage alteration permit is required by or under this Act;
(b) fails to comply with the requirements and conditions of a heritage alteration permit;
(c) alters property in contravention of a heritage revitalization agreement.
(2) A person convicted of an offence under subsection (1) is liable,
(a) if the person is an individual, to a fine of not more than $50 000 or to imprisonment for a term of not more than 2 years, or to both, or
(b) if the person is a corporation, to a fine of not more than $1 000 000.
(3) If a corporation commits an offence under subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the penalty set out in subsection (2) (a) whether or not the corporation is convicted of the offence.
982 For the purposes of this Part:
"common mass" means the common mass of property referred to in section 986 (1);
"district" means a part of a municipality defined by the council under section 984;
"former parcel" means a parcel existing before the completion of a replotting scheme, and includes any portion of land formerly a portion of a highway, park or public square, or of land indicated as such on a plan of subdivision deposited in the land title office;
"new parcel" means a parcel created or intended to be created by a replotting scheme, and includes a portion of land created or intended to be created as a portion of a highway, park or public square, or of land indicated as such on a plan of subdivision deposited in the land title office under this Part;
"owner" means a purchaser of real property under an unregistered agreement for sale and purchase, a registered owner of an estate in fee simple, a registered owner of a charge or a tax sale purchaser during the redemption period, and includes the Provincial government, a Provincial government corporation and the municipality.
983 (1) This Part applies to Crown land in a district held by purchasers from the Provincial government and in that case both the Provincial government and the purchasers are deemed to be owners for the purposes of this Part.
(2) [Repealed 1997-25-152.]
984 A council may, by bylaw adopted by an affirmative vote of at least 2/3 of all its members,
(a) define a part of the municipality as a district for the purpose of replotting, and
(b) authorize the preparation of a scheme, including incidental preliminary surveys, for the replotting of the district.
985 (1) A replotting scheme must indicate the following:
(a) the proposed relocation and exchange of parcels of real property in which the Provincial government or the municipality has no estate or interest;
(b) whether compensation is to be proposed to the respective owners and its amount;
(c) the value of any surplus real property;
(d) the new location of a building, structure, erection or utility that is to be moved.
(2) A replotting scheme may set out an apportionment of the net cost of the scheme between the municipality and the owners, consideration being given to
(a) the saving that the scheme may effect in the expenditure of the municipality for highways and municipal utilities, and
(b) the increased taxation that may be derived by the municipality from the increased value of the real property in the district.
(3) An apportionment under subsection (2) may or may not be as provided by section 1011.
986 (1) For the purpose of a replotting scheme, all the parcels and highways and all other real property in the district at the initiation of the scheme form one common mass of real property.
(2) From the common mass is to be taken the real property necessary for highways, parks or public squares, which stands in the place of and compensates the Provincial government, the municipality and the public for the surrender of all former highways, parks or public squares.
(3) The remainder of the common mass must be divided into parcels for allotment to the owners in a fair and equitable manner, so that as far as possible the value of new parcels allotted to them are equal to the value of their former parcels.
(4) An allotment, decision, award, consent or other proceeding under this Part is binding on and inures to the benefit of the person who owns the real property affected.
987 (1) In a replotting,
(a) effort must be made to allot to owners new parcels in approximately the same location as their former parcels, and
(b) parcels with buildings, structures, erections or utilities erected on them, subject to the necessary adjustment of boundaries, must be returned to their former owners wherever practicable.
(2) The allotment of new parcels in exchange for former parcels must be carried out as far as practicable with the consent of the respective owners.
(3) Failing consent of an owner, there may be allotted to the owner a new parcel or parcels of value equal as nearly as possible to the value of the owner's former parcel or parcels, or compensation in money may be made to the owner instead of an allotment of real property.
(4) Unavoidable differences of value between former parcels and new parcels may be equalized by
(a) granting money compensation, or
(b) with the owner's consent or agreement, allotting to the owner of a new parcel of greater value than the owner's former parcel for a cash payment or on terms.
(5) If a new parcel is allotted under subsection (4) (b) on terms, the municipality may take a mortgage, with agreed interest, from the owner for payment of the difference in value.
(6) Any real property not allotted as provided above may be allotted to any owner at an agreed price, the amount of which must be paid to the municipality.
(7) The whole of the real property remaining unallotted must be allotted to the municipality and is surplus real property.
988 Subject to making compensation for a charge against a former parcel, the municipality may
(a) acquire such a charge and hold it as a charge against a new parcel allotted to the owner of the former parcel, and
(b) take all necessary proceedings for the collection of the amount due under and by virtue of the charge or for the sale, transfer or realization of the security created by it.
989 (1) Before initiating a replotting scheme, the council must have notice of the scheme published in a newspaper.
(2) Also before initiating a replotting scheme, the council must have the following sent to each owner of a parcel in the district, in the manner provided for the giving of notice under section 414:
(a) a plan showing the real property in the district as presently subdivided and a plan showing that property as if replotted under the proposed scheme, with both plans having marked on them
(i) the dimensions of the boundaries of each parcel shown, and
(ii) the scale of the plan, which must be the same for both plans and which must not be smaller than 1 to 1 000;
(b) a statement of
(i) the estimated total cost of the scheme,
(ii) the cost to be borne by the municipality,
(iii) the total cost to be borne by all the owners, and
(iv) the portion of the cost for each new parcel;
(c) a statement showing
(i) the number of instalments by which the owner's share of the cost may be paid,
(ii) at what interval after completion of the scheme the first instalment will be due, and
(iii) at what intervals any remaining instalments will be due;
(d) the proposed allotment of new parcels for former parcels;
(e) a form of consent to the replotting proposed by the scheme as it affects the owner's property, including
(i) the details of
(A) any compensation proposed to be paid by the municipality for the real property as a result of the scheme, or
(B) any sums requested to be paid to the municipality for the real property as a result of the scheme, and
(ii) a space in which, if the owner signs the consent and returns it to the municipality, the owner must set out
(A) the market or true value of the real property, and
(B) the amount or proportion the owner considers to be the value of the owner's interest.
990 (1) The council may, by resolution, authorize the initiation of the replotting scheme without further consent by other owners in the district if the owners of parcels of real property, the assessed land value of which is at least 70% of the total assessed value of all the land in the district according to the last authenticated real property assessment roll, consent to the replotting set out in the scheme.
(2) A consent referred to in subsection (1) must be in writing in the form referred to in section 989 (2) (e).
(3) The calculation of the 70% of the assessed value referred to in subsection (1) must be determined as follows:
(a) land only, without improvements, is to be considered for the purpose of this section;
(b) the value of an owner's interest in a parcel is the assessed value of the parcel if
(i) the parcel is owned in fee simple, free of charges,
(ii) the parcel is owned by a purchaser from the Provincial government or from a Provincial government corporation and the purchaser has completed the payments but the Crown grant, order in council or conveyance has not been delivered to or registered by the purchaser, or
(iii) the parcel has been purchased at a tax sale and the period for redemption has not expired;
(c) in the cases of parcels of real property held subject to one or more charges,
(i) the value of the charges and of the estate in fee simple must be determined by multiplying the assessed value of the land by the true or market value of the particular interest in the parcel and dividing the resulting product by the true or market value of the parcel, and
(ii) if the true or market values of an interest in real property cannot be determined from the information supplied by owners of a parcel under section 989 (2) (e), the designated municipal officer must assess and determine the values for the purposes of subparagraph (i) from whatever records or information are available to that municipal officer;
(d) if a parcel of real property is held by a tenant for life,
(i) the true or market value of the life estate is its present worth as determined by using the official Statistics Canada Tabulations of British Columbia life expectancy in effect when the valuation is made, and
(ii) the true or market value of the estate in remainder in fee simple is the resulting balance, after subtracting the true or market value of the life estate from the true or market value of the parcel;
(e) in the cases of multiple ownership of estates in fee simple and charges,
(i) each tenant in common must be considered to consent to the proportion of the whole estate in fee simple or charge held by the tenant's proportion in the tenancy, and
(ii) each joint tenant must be considered to consent to an equal share with each of the tenant's co-joint tenants in the whole estate in fee simple or charge.
991 (1) At any time before the commissioner gives his or her decisions under section 1007 (3), the designated municipal officer must receive from any owner the consent in writing referred to in section 989 (2) (e).
(2) An owner who mails or delivers a consent to the municipality is bound by it, and no claims against the municipality may be allowed on matters specifically agreed to in the consent.
992 (1) Alterations may be made in the replotting scheme before its completion.
(2) If alterations affect the owners who have consented, the consent of all the affected owners is again required.
993 (1) A copy of the resolution referred to in section 990 (1) [initiation of replotting], adopted by the council and certified by the municipal officer assigned responsibility under section 198 [corporate administration], together with the plans referred to in section 989 (2) (a), must be filed in the land title office.
(2) When the resolution is filed under subsection (1), the registrar of land titles must cause a note of it to be made in every place in the records under the care of the registrar where title in fee simple to a parcel located in the district is registered.
(3) The note under subsection (2) must be by the filing number and series, and the series may be the same as the series that includes caveats.
(4) The replotting scheme is initiated when the note under subsection (2) is made.
994 (1) A note under section 993 is notice to all persons having any right, title, interest, charge, claim or demand in, to or on the affected parcels, and to all persons subsequently dealing with them, that a scheme for their replotting has been initiated, and those persons are bound by all proceedings under this Part taken before and after that notice.
(2) A person who has a right, title, interest, charge, claim or demand in, to, or on real property in the district that is not duly registered before the initiation of the scheme is not entitled to notice of proceedings under this Part, unless the person is a purchaser
(a) from the Provincial government,
(b) from the municipality, or
(c) at a tax sale.
(3) A person subsequently dealing with an affected parcel is not entitled to notice unless the person has
(a) given the designated municipal officer written notice of the person's purchase or claim and evidence of its registration, and
(b) provided that municipal officer with an address to which notices may be mailed.
995 (1) Within 4 months after the initiation of a replotting scheme, the council must, by resolution, either
(a) discontinue the replotting scheme, or
(b) authorize the completion of the replotting scheme and put it into effect.
(2) If a council resolves to discontinue a replotting scheme under subsection (1) (a),
(a) the municipal officer assigned responsibility under section 198 [corporate administration] must file in the land title office a copy of the resolution to discontinue, certified under that officer's signature, and
(b) the registrar of land titles must then cancel the note under section 993 (1).
(3) If the council resolves to authorize the completion of the scheme under subsection (1) (b), the municipality must make application in accordance with section 996 to have title to the common mass registered in fee simple in trust for the owners of the new parcels.
996 (1) An application to have title to the common mass registered in fee simple in trust for the owners of the new parcels must be in the form prescribed under the Land Title Act and must be accompanied by the following:
(a) a reference plan defining the common mass, signed by the municipal officer assigned responsibility under section 198 [corporate administration], and complying with the requirements of the Land Title Act for reference plans, other than the requirements of section 103 of that Act;
(b) a certificate signed by the municipal officer assigned responsibility under section 198 [corporate administration], setting out
(i) in the 1st column, compiled in numerical or alphabetical order, the description of each new parcel,
(ii) in the 2nd column, opposite the description of the relevant new parcel, the description of the former parcel or parcels in respect of which the allotment of the new parcel has been made,
(iii) in the 3rd column, opposite the description of the relevant new parcel, the name and address of the owner in fee simple to whom each new parcel has been allotted,
(iv) in the 4th column, opposite the description of the relevant new parcel, the names of owners of all charges and their addresses and the nature and serial registration numbers of the charges registered against the former parcel or parcels in respect of which the allotment of the new parcel has been made, and
(v) in the 5th column, opposite the description of the relevant new parcel,
(A) the names and addresses of any claimant of a mechanics' lien, or certificate of pending litigation, caveator, or person giving notice of a claim under the Sale of Goods on Condition Act, or a spouse claiming the benefits of the Land (Spouse Protection) Act, and
(B) the description of any former parcel or parcels in respect of which no allotment of a new parcel or parcels has been made;
(c) a subdivision plan defining the new parcels, complying with the requirements of the Land Title Act and bearing the title "prepared under the replotting provisions of the Local Government Act";
(d) an application in the form prescribed under the Land Title Act to deposit the subdivision plan.
(2) The registrar of land titles must examine the application forms, reference plan, subdivision plan and certificate and, if satisfied that they are in order and in compliance with this Part and the Land Title Act, must deposit the reference plan and assign to it a serial deposit number.
997 (1) The deposit of a reference plan under section 996
(a) vests in the municipality the title of the common mass, in trust as stated, in fee simple, free from all charges registered against former parcels, and
(b) extinguishes all highways, parks or public squares within the common mass.
(2) Subsection (1) binds the Provincial government.
(3) On finding a good safe holding and marketable title in fee simple to the common mass, the registrar of land titles must register the title claimed by the municipality, and the Land Title Act then applies.
(4) The municipality need not produce any former absolute, interim or duplicate indefeasible title to any former parcel, but on the issue of the indefeasible title to the municipality in trust all of those certificates are deemed to be cancelled.
(5) After the registration under subsection (3), the registrar of land titles must deposit the subdivision plan, assign to it a serial deposit number, and issue any new indefeasible titles for the new parcels that are necessary.
(6) The indefeasible titles under subsection (5) must be noted or endorsed, as the case may require, with all claims, demands or notices as set out in the 5th column of the certificate referred to in section 996 (1) (b).
(7) The replotting scheme is completed when the requirements of subsection (6) are met, and after this the Land Title Act applies.
(8) In addition to the application of the Land Title Act, the deposit of the subdivision plan vests title to the respective new parcels in the persons named in the 3rd and 4th columns of the certificate referred to in section 996 (1) (b) according to the estate, title or interest disclosed by the certificate, but subject to all claims, demands or notices set out in the fifth column of the certificate.
998 (1) As soon as possible after the completion of the replotting scheme, the municipality must apply under the Land Title Act for registration on behalf of the persons who own the new parcels.
(2) The registrar of land titles, in his or her discretion, may summarily reject or may refuse to register any application on behalf of an owner unless there is produced to the registrar any duplicate indefeasible title, or interim or absolute certificate of title to a former parcel that had not been produced before registration of the common mass under section 996.
999 On completion of the replotting scheme,
(a) except as otherwise dealt with under this Part, all rights, obligations and incidents of ownership of the owner of a former parcel or of an interest in it, and all public and private legal relationships with a former parcel, are deemed to be transferred to and exist in the new parcel allotted to the owner of the former parcel to the same extent and in the same manner as with the former parcel,
(b) all conveyances, agreements, mortgages and other instruments, including grants of letters probate or letters of administration, in respect of parcels of real property described in them by a description appropriate to a former parcel and in respect of which registration of title had not been applied for before the completion of the replotting scheme must be construed as if the estate or interest passing or created or vested by them was in the new parcel, and
(c) the new parcels and their respective owners are subject to and liable for all municipal charges, rates, taxes and assessments levied against their former respective parcels, and are subject to all proceedings taken and to be taken for the collection of municipal charges, rates, taxes and assessments in any manner provided for by law.
1000 On completion of the replotting scheme, the allotments of real property under it are absolutely binding to all intents and purposes on all the owners in the district, subject to the right of those owners who do not consent to the scheme to complain as to the adequacy of compensation proposed or the failure to propose compensation.
1001 (1) An owner who does not consent and who gives notice of complaint as provided in section 1004 has the right to compensation in money for the following:
(a) any loss of value of the former parcel, in so far as adequate compensation is not afforded by the new parcel allotted;
(b) any loss of, damage to or the cost of moving buildings or improvements on the former parcel;
(c) any loss of income from the use of buildings or the special condition or use of the former parcel caused by the replotting scheme.
(2) In determining the amount of compensation,
(a) a former parcel must be valued at its market value at the time of the initiation of the replotting scheme, but an increase in its value caused by the anticipation or initiation of the scheme must not be taken into consideration, and
(b) a new parcel must be valued at its market value on completion of the replotting scheme.
(3) A person is not entitled to compensation for any of the following:
(a) costs, expenses, loss, damage or inconvenience incurred or sustained in investigating the replotting proceeding or in presenting a complaint or making an appeal, or caused by the initiation of or delay in or discontinuance of the replotting scheme;
(b) an actual or anticipated loss or inconvenience of access to new parcels or of use of a municipal or public utility or service due to the new highways not being open for traffic;
(c) an actual or anticipated loss, damage or inconvenience suffered in common with all or with the major part of other owners;
(d) a building or structure constructed, erected, placed or altered, or an improvement made to land after the initiation of the replotting scheme or an actual or anticipated loss, damage or expense incidental to it, or incidental to the removal of that building or structure;
(e) a reduction in or loss of value due to reduction in area within the limits of a right to take land for highway purposes contained in the Crown grant of or statute applying to the land.
1002 (1) Within one month after completion of the replotting scheme, the council must apply to the Supreme Court for the appointment of a commissioner to hold a public hearing of and to decide any complaints under sections 1000 and 1001 and the court must appoint a commissioner.
(2) An application under subsection (1) may be made without notice to any other person.
(3) If the council does not apply under subsection (1), any owner who did not consent may apply on notice to the council.
(4) A person who is
(a) a member of the council,
(b) an owner within the district, or
(c) the spouse of an owner within the district
must not be appointed or act as a commissioner.
(5) Before entering on the duties of office, the commissioner must subscribe and take the following oath before the municipal officer assigned responsibility under section 198 [corporate administration]:
I, ............................................., do solemnly swear that
(a) I will truly and faithfully, and without fear, favour or partiality, execute the powers and trusts of a commissioner under Part 28 of the Local Government Act, according to the best of my knowledge and judgment, and
(b) I am not disqualified from acting as a commissioner under that Act.
(6) The municipality must pay the commissioner remuneration at a rate agreed between the commissioner and the council, and in the event of failure to agree, a reasonable remuneration set by the Supreme Court on summary application by the municipality or the commissioner.
1003 (1) If a commissioner
(a) dies, resigns, refuses to act or is absent, or
(b) is incapable of acting because of sickness, disability or misconduct,
on the application of the municipality, the Supreme Court must appoint another person as commissioner.
(2) An application under subsection (1) may be made without notice to any other person.
(3) In the circumstances referred to in subsection (1), proceedings or decisions had, taken or arrived at by the commissioner before the vacancy are not in any way affected, but are valid and effectual, and must be and continue to be acted on,
(a) even though the vacancy has occurred and the other commissioner has been appointed, and
(b) without any necessity for recommencing the proceedings or reconsidering any matter or thing that has arisen or been considered or decided before the vacancy occurred.
1004 (1) On an appointment being made, the designated municipal officer must give to each of the owners who did not consent whose name appears on either of the lists referred to in section 1016 a notice in writing including the following:
(a) a statement that a replotting scheme has been put into effect;
(b) a description of the owner's former parcel;
(c) a statement
(i) of the allotment of new parcel made,
(ii) of the compensation proposed to the owner, and
(iii) that, if a parcel is improved, that the owner's buildings may be affected;
(d) a statement that the scheme and the allotments under it are absolutely binding on the owner to all intents and purposes, excepting only the owner's right to complain against
(i) the adequacy of compensation proposed, or
(ii) the failure to propose compensation;
(e) the time and place appointed by the commissioner for hearing complaints;
(f) a statement that, if the owner intends to complain, the owner must give written notice with the grounds of the complaint to the designated municipal officer 10 days before the hearing.
(2) Notice under subsection (1) may be given by any of the following:
(a) by personal service on the person to whom it is directed;
(b) by registered mail addressed to the person at that person's address
(i) as shown on a list provided under section 1016,
(ii) as shown on any record in the land title office relating to the person's ownership of or interest in the former parcel, or
(iii) as last known to the assessor for the municipality;
(c) on application to the Supreme Court, by substituted service in accordance with the order of the court.
(3) The designated municipal officer may, in his or her discretion, send with any one or more of the notices a copy of the plan of replotting or any portion of it on the same or a different scale.
(4) The designated municipal officer must keep a record of all notices given under this section by showing, opposite the names of the owners of the parcels in the district, the names of the persons to whom notices were sent and the parcels concerned and the date and method of giving each notice.
1005 The commissioner must appoint a time and place for the hearing of complaints as follows:
(a) the place must be at the municipal hall or another suitable place in the municipality;
(b) the time must be not less than 40 days and not more than 90 days after the designated municipal officer has given the notices referred to in section 1004.
1006 (1) The commissioner must sit at the time and place appointed, and must hear complaints of which notice has been given.
(2) The proceedings before the commissioner must be public.
(3) The commissioner must inquire into and pass on the sufficiency of all notices required to be given under section 1004 and, in the commissioner's sole discretion, may direct further notices and hear any complaint made.
(4) If the commissioner thinks fit in the interest of justice, the commissioner may hear a complaint made to the commissioner at any time before the conclusion of the hearing.
(5) The municipality may complain to the commissioner on its own behalf or on behalf of any other person.
(6) The following rules apply respecting evidence that may be accepted by the commissioner:
(a) the commissioner may receive any evidence that the commissioner thinks proper to admit and may take a view and examine on oath any person interested and the witnesses that appear before the commissioner;
(b) the commissioner may act on, accept or adopt the evidence the commissioner considers sufficient, whether on oath or not and whether written or oral;
(c) the commissioner has the right to insist on evidence being given or submitted orally under oath or by affidavit, but need not require any evidence to be so given;
(d) the strict rules of evidence do not apply.
(7) The commissioner may, at the request of any complaining owner or on the commissioner's own initiative, summon in writing any person to attend at the hearing, give evidence and produce any documentary evidence.
(8) The commissioner may order reasonable fees and expenses to be paid to a witness summoned on the commissioner's own initiative, which must be paid by the municipality.
(9) A person who fails to respond to a summons under subsection (7) commits an offence, and is liable on conviction to a penalty not greater than $100 and costs.
(10) The commissioner or, in the absence of the commissioner, the municipal officer assigned responsibility under section 198 [corporate administration] may adjourn the hearing from time to time and from place to place, whether or not any person interested is present at the time of the adjournment.
1007 (1) The powers of the commissioner are confined to
(a) passing on the sufficiency of all notices required to be given under section 1004, and
(b) hearing and deciding complaints under sections 1000 and 1001.
(2) The commissioner must cause to be kept a record of each complaint made to the commissioner and of the commissioner's decision on it.
(3) On the conclusion of the hearing, the commissioner must announce a date on which the commissioner's decisions will be given.
(4) Promptly after giving his or her decisions, the commissioner must report to the council the complaints made to the commissioner and the decision on each.
(5) The report under subsection (4) must be open for examination by any complainant or the solicitor or agent of a complainant.
1008 (1) A decision of a commissioner may be appealed to the Supreme Court.
(2) An appeal under subsection (1) is to be an appeal by way of rehearing.
(3) The person appealing must, within 10 days after the decision complained of, serve on the municipality a written notice of intention to appeal, setting out the grounds of appeal.
(4) The appeal must be made on petition and 5 days' notice of the time for hearing the appeal must be given to the municipality.
(5) The municipality may appeal from a decision of a commissioner, in which case it must give to the owner affected the notice of intention under subsection (3) and the notice of the hearing must be given the owner, both of which notices may be given in any manner provided in section 1004.
(6) The powers of the Supreme Court on appeal are confined to hearing and deciding appeals from the decision of the commissioner on complaints under section 1001.
(7) In term or during vacation, the court must hear the appeal in a summary manner and on the rules of evidence that govern a commissioner.
(8) The court may adjourn the hearing from time to time and defer judgment at pleasure, but judgment must be given within 6 weeks from the time limit set by subsection (3) for giving notice of appeal.
(9) If judgment is not given by the court within the time period under subsection (8), the commissioner's decision stands.
(10) Persons making or opposing an appeal must pay their own costs and expenses and no costs as between party and party may be awarded by the court.
(11) A decision of the Supreme Court under this section may be appealed to the Court of Appeal with leave of a justice of the Court of Appeal.
1009 (1) The municipality must pay
(a) the amounts of compensation proposed by the replotting scheme within 3 months after its completion, or
(b) if a complaint has been made, the compensation awarded by the commissioner, or the Supreme Court on appeal, within 3 months from the date of the award.
(2) Either of the periods referred to in subsection (1) may be extended by the Supreme Court on application by the municipality without notice to any other person.
(3) The compensation stands in the place of the land for which it was proposed or awarded, and is subject to any limitations and charges to which the land was subject.
(4) The municipality may, without leave or order in any case it believes expedient, pay into the Supreme Court the amount of any compensation proposed or awarded.
(5) Payment into court under subsection (4) must be accompanied by a certificate of the municipal officer assigned responsibility under section 198 [corporate administration] giving particulars of the person to whom and the land for which the compensation was proposed or awarded, and the district registrar must give that municipal officer a receipt, attached to or endorsed on a copy of the officer's certificate.
(6) Compensation paid into court under subsection (4) must be paid out of court to the person entitled to it on the order of the court.
1010 The municipality may, by its employees, workers or contractors, move any building, structure, erection or utility required to be moved under the replotting scheme, or do any work or thing on private property in satisfaction of awards of compensation.
1011 (1) The municipality must keep a proper account of all money paid by it in connection with a replotting scheme, and on its completion and the payment of all compensation and incidental expenses must prepare a statement showing the net cost.
(2) In the statement under subsection (1), the municipality must be debited with the value of all surplus land allotted to it and any money receivable under section 987 or otherwise on account of the replotting scheme.
(3) If applicable, the net cost shown by the statement under subsection (1) must be apportioned between the municipality and the other owners in the manner set out in the replotting scheme.
(4) If the replotting scheme does not mention an apportionment, the net cost shown by the statement under subsection (1) must be apportioned as follows:
(a) the municipality's portion of the cost is that portion of the total net cost which bears the ratio that
(i) the sum of the areas of the highways and public grounds and unsold land of the municipality at the completion of the replotting scheme
bears to
(ii) the whole area of the district;
(b) the remainder is the owners' portion of the cost.
(5) The net cost of the replotting scheme may be raised as follows:
(a) the municipal portion of the cost may be raised by a special rate levied and collected on and from all the taxable land or land and improvements in the municipality;
(b) the owner's portion of the cost may be raised by a special rate levied and collected on and from the taxable land in the district, according to the respective values of that land as shown in the first authenticated real property assessment roll of the municipality containing the new parcels.
(6) As an alternative to subsection (5), the net cost of the replotting scheme may be paid by borrowing the required amount on debentures issued under the same provisions as if the scheme had been carried out as a local improvement under Part 19, with
(a) the municipality's portion of the cost being raised by a special rate levied and collected annually on and from all the taxable land or land and improvements in the municipality, and
(b) the owners' portion of the cost being raised by a special rate levied and collected annually on and from the taxable land in the district according to the respective values of that land as shown in the authenticated real property assessment rolls for the years during which the special rates are levied.
(7) Debentures under subsection (6) must be repayable within 10 years of the date of issue.
(8) A special rate levied under subsection (5) or (6) must be due and payable to the municipality at the same time as other annual municipal rates and taxes, and Parts 10 and 19 apply.
1012 (1) During the 6 months after the completion of a replotting scheme, so far as the new highways are not constructed and open for traffic, the former highways and all public utilities and other works on them, if they do not interfere with or disturb the reasonable and necessary use and occupation of new parcels, may be maintained, and no person has a right to compensation or a right of action for damages against the municipality or against any other person for that reason.
(2) During the period referred to in subsection (1), the municipality or its licensees may remove the public utilities and works.
(3) A person unreasonably obstructing the use of a former highway during the period referred to in subsection (1) commits an offence and is liable on conviction to a penalty not greater than $100.
1013 Other than the right of complaint and appeal provided in this Part, no person is entitled to make or proceed with any demand, claim or action against the municipality, any of its officers, employees or workers, or against the commissioner or the Provincial government, for any loss or damage sustained or threatened by reason of a replotting scheme or for any matter caused by any proceedings taken or thing done under this Part.
1014 The municipality may dispose of a parcel allotted to it in the manner provided for disposing of land acquired by it at a tax sale.
1015 Nothing in this Part affects the power of the municipality to assess and to levy rates and taxes on the former parcels during the replotting scheme and before its completion.
1016 (1) At the municipality's request and on payment of reasonable fees specified by the registrar of land titles for the work involved, the registrar must provide any required information to be obtained from the records and a list of the names and addresses of the registered owners of all parcels of land in the district at the time of the initiation of the replotting scheme.
(2) On similar request, the Ministry of Lands, Parks and Housing must provide a list of the names and addresses of the purchasers of Crown land in the district under agreement for sale.
1017 The fees payable to the registrar of land titles in respect of the matters under this Part are to be governed by the Land Title Act.
1018 Any dispute or question on the construction of any provision of this Part, or the sufficiency and validity of proceedings taken under it, or the manner in which a proceeding is to be taken, may be referred to the Supreme Court for decision under to section 1008.
1019 (1) The Lieutenant Governor in Council may appoint an inspector of municipalities who, in addition to the powers and duties prescribed under this Act, has the powers and duties that may be assigned to the inspector.
(2) The inspector is to be attached to the office of the minister and is to be under the control of the minister.
1020 (1) The inspector is to have an official seal inscribed with the words "Inspector of Municipalities of British Columbia".
(2) Every paper writing or instrument purporting to be issued by the inspector and impressed with the seal of the office is admissible in evidence in all courts of British Columbia without proof of the sealing or of the signature of the inspector, or of the inspector's deputy, to the paper writing or instrument.
(3) The record of a document or instrument forming part of the records of the office of the inspector, or a copy of it, or a copy of a document or instrument kept in the inspector's office, certified to be a true copy by the inspector or the inspector's deputy, is admissible in evidence in all courts of British Columbia as of equal validity with the original document or instrument.
1021 (1) With the approval of the Lieutenant Governor in Council, the inspector may hold an inquiry if
(a) the inspector believes it expedient to make an inquiry into or concerning a matter connected with a municipality or the conduct of a part of its business, or
(b) a complaint is made to the inspector about a matter of municipal business, actual or projected.
(2) An inquiry under this section may be held by the inspector, a deputy of the inspector or another person authorized by the inspector and must be open to the public.
(3) The person holding the inquiry has in respect of it
(a) the protection and privileges, and
(b) the powers of summoning and compelling attendance of witnesses, administering oaths to witnesses, requiring the production of documents and punishing for contempt,
as are by law given to commissioners appointed under Part 2 of the Inquiry Act.
(4) The costs, fees and expenses of the inquiry must be paid by the municipality.
(5) During an inquiry, the person holding the inquiry may do one or more of the following:
(a) direct that no action be taken by council on any or all matters designated by the person holding the inquiry;
(b) direct municipal employees not to proceed with any matter designated by the person holding the inquiry;
(c) suspend a municipal officer or employee where the person holding the inquiry believes the conduct of the officer or employee warrants suspension.
(6) The person holding the inquiry may rescind or amend a direction or suspension under subsection (5).
(7) Subject to rescission or amendment, a direction or suspension under subsection (5) remains in effect until an order is made under subsection (9).
(8) The person holding the inquiry must report to the Lieutenant Governor in Council
(a) on the evidence adduced,
(b) on any direction or suspension under subsection (5), and
(c) on the person's recommendations.
(9) On receipt of the report under subsection (8), the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest.
(10) An order under subsection (9) is binding on the municipality, the council and every elected or appointed official, officer and employee of the municipality in the same way as if it were a regulation made by the Lieutenant Governor in Council under this Act.
1022 (1) The council of a municipality that adopts
(a) a loan authorization bylaw or security issuing bylaw, or
(b) a bylaw imposing a special assessment or a special rate under any Act,
may apply to the inspector for a certificate approving the bylaw.
(2) The inspector must not grant a certificate
(a) until after the time limit for giving notice of intention to make application to quash the bylaw, or
(b) while a proceeding that
(i) calls the validity of the bylaw into question, or
(ii) seeks to quash the bylaw
is pending.
(3) Despite subsection (2), if the time limit for giving notice of intention to make application to quash a bylaw has passed before the application to approve is made under subsection (1), the inspector may, in the inspector's discretion,
(a) disregard any proceeding in which the validity of the bylaw is in question that was commenced after the application for approval was made, and
(b) proceed to give the certificate of approval without reference to the proceeding.
(4) A certificate given under subsection (3) has the same effect as if the action or proceeding had not been commenced.
(5) If a bylaw has been approved, the inspector may also approve the debentures or other securities issued in conformity with it.
(6) A certificate issued under subsection (5) may bear the actual or lithographed signature of the inspector.
1023 (1) The inspector may direct and hold inquiry into an application for a certificate under this Part, and may hear and determine protests.
(2) An inquiry under this section may be held by the inspector, a deputy of the inspector or another person authorized by the inspector.
(3) The inspector's decision on granting, withholding or refusing a certificate is not subject to a proceeding, mandamus, certiorari or prohibition in any court of British Columbia.
(4) Section 1021 (3) and (4) applies to an inquiry under this section.
1024 (1) An appeal lies to the minister from every decision of the inspector withholding or refusing a certificate applied for under this Part.
(2) On an appeal under subsection (1), the minister must hear and determine the matter, and may confirm or vary the decision of the inspector.
(3) The determination on the appeal is conclusive and binding on all parties, including the inspector.
(4) [Repealed 1999-37-213.]
1025 (1) The production of a certificate issued under this Part or of the certified copy of a certificate is, in all courts and places and for all purposes, conclusive evidence that
(a) the bylaw, debenture or other security described in or covered by the certificate has been validly made and issued, and
(b) all statutory and other requirements have been complied with.
(2) The validity of a bylaw, debenture or other security referred to in subsection (1) must not be attacked, questioned or adjudicated on in any proceeding in any court of British Columbia.
(3) A certificate under this Part may be in the following form:
under the authority of the Local Government Act, I certify that this [bylaw has been lawfully and validly made and enacted] [or debenture or other security has been lawfully made and issued, as the case may be] and that its validity is not open to question on any ground in any court of British Columbia.
Dated ................................ [month, day, year].
...........................................................................
Inspector of Municipalities of British Columbia
1026 In this Part:
"commissioner" means a commissioner appointed for a jurisdiction under this Part;
"jurisdiction" means a municipality or regional district.
1027 (1) The Lieutenant Governor in Council may appoint a commissioner for a jurisdiction
(a) if authorized by an order of the Supreme Court under subsection (2), or
(b) on a report of the inspector that the jurisdiction has failed to or cannot make due provision for the payment of either the principal of or the interest on a debenture issued or guaranteed by the jurisdiction when the payment is due.
(2) If a jurisdiction for any reason fails to provide for the payment of either the principal of or the interest on a debenture issued or guaranteed by the jurisdiction, when the payment is due, any creditor or elector of the jurisdiction may apply to the Supreme Court for an order authorizing the appointment of a commissioner for the jurisdiction to carry out the duties and functions provided for in this Part.
(3) This section applies to a debenture of which, under any Act, the jurisdiction has been made responsible for the payment of the principal and the interest.
(4) A commissioner has all the powers and authority that, before the appointment, were vested in or exercisable by the local government, the mayor or chair of the jurisdiction, the municipal police board, the parks commission, the civic properties commission, the board of school trustees and the officers of the jurisdiction.
(5) A commissioner must be paid out of the jurisdiction's revenue the salary and other expenses incidental to the commissionership as authorized by the Lieutenant Governor in Council.
1028 (1) The Lieutenant Governor in Council may at any time cancel the appointment of a commissioner and, on that cancellation, all the powers vested in that commissioner under this Act end.
(2) The Lieutenant Governor in Council may appoint another commissioner for the jurisdiction to replace a person whose appointment is cancelled under subsection (1).
(3) If a commissioner dies, the Lieutenant Governor in Council may appoint another commissioner for the jurisdiction as a replacement.
(4) A commissioner appointed under subsection (2) or (3) has all the powers and authority vested in a commissioner by this Part.
1029 (1) With the approval of the Lieutenant Governor in Council, a commissioner may appoint a person as acting commissioner.
(2) An acting commissioner under subsection (1) has and may exercise all the powers and authority of the commissioner
(a) during any temporary absence of the commissioner, or
(b) if the commissioner is for any reason unable to perform the commissioner's duties.
(3) If the acting commissioner appears to have acted in the exercise of any power or authority of the commissioner, it is conclusively deemed that the acting commissioner acted for one of the reasons referred to in subsection (2).
1030 (1) On the appointment of a commissioner,
(a) the members of the local government, the municipal police board members, the parks commissioners, the civic properties commissioners and all officers of the jurisdiction are deemed to have retired from office, and
(b) all the rights, powers and authority vested in or exercisable by the local government, the mayor or chair of the jurisdiction, the municipal police board, the parks commission, the civic properties commission and other officers of the jurisdiction by or under any Act are vested in and exercisable by the commissioner.
(2) This section does not prevent the full exercise by the commissioner of the powers exercisable by the local government or other municipal body relative to the appointment, control or removal of its officers and employees.
(3) On the appointment of a commissioner,
(a) the school trustees elected in that jurisdiction for the school district of which the jurisdiction is comprised or forms a part are deemed to have retired from office, and
(b) with the approval of the Lieutenant Governor in Council, the commissioner must appoint a sufficient number of persons to maintain the jurisdiction's quota of school trustees.
(4) The Lieutenant Governor in Council may confer on a commissioner any rights, powers and authority that could by order be conferred on a council under any Act.
1031 (1) A commissioner may adopt bylaws that might be adopted by the local government.
(2) The commissioner must submit a bylaw under subsection (1) for the approval of the Lieutenant Governor in Council and, on being approved by the Lieutenant Governor in Council, and registered if required, the bylaw comes into force and is valid and binding in all respects as a bylaw of the jurisdiction.
1032 (1) Despite this Act, a commissioner
(a) may make, amend and repeal bylaws authorizing the borrowing from any person, and
(b) subject to this section, may borrow under a bylaw referred to in paragraph (a) from any person
the sums of money on the credit of the jurisdiction, not repayable within the same year, that may be necessary for the replacement or reconstruction of, or for the purchase, construction and installation of, alterations, extensions or additions to existing services of the jurisdiction or any matter or thing connected with them.
(2) A bylaw adopted under subsection (1) may make provision for granting to the lender the security approved by the minister, and the commissioner may grant that security under the bylaw.
(3) Before the adoption of a bylaw under subsection (1), the terms of the bylaw, the nature of the security to be issued and the terms of repayment must be submitted in detail to and be approved by the minister, who may impose the conditions the minister considers advisable.
(4) A bylaw under subsection (1) does not come into force until approved by the Lieutenant Governor in Council.
(5) Proof of the approval of the bylaw by the Lieutenant Governor in Council under subsection (4) is, in all courts and places and for all purposes, conclusive evidence that the bylaw has been lawfully and validly made, and that all statutory and other requirements have been complied with.
(6) The validity of a bylaw under subsection (1) must not be attacked or questioned or adjudicated on in any proceeding in a court in British Columbia.
1033 With the approval of the inspector, a commissioner may, by bylaw, determine what amount, if any, is to be imposed or provided for sinking fund purposes in any year.
1034 (1) All the powers vested in the council as to a local court of revision are vested in the commissioner.
(2) An assessment roll for a jurisdiction for which a commissioner has been appointed,
(a) as authenticated by the local court of revision or by the commissioner or acting commissioner purporting to sit as the local court of revision, and
(b) as further determined and confirmed on appeal from the local court of revision,
is deemed to be valid and binding on the jurisdiction and on all persons.
1035 (1) A complaint to the local court of revision or an appeal to the Supreme Court, as provided under this Act, must not be sustained or allowed on the grounds that land in a jurisdiction for which a commissioner is appointed has been valued at too high an amount, if the assessment complained of or appealed against is not more than the assessed value of the same land according to the authenticated real property assessment roll for the year immediately preceding.
(2) Subsection (1) applies despite any Act, but without affecting the provisions of an Act relating to complaints or appeals against assessments of improvements.
1036 Any difference arising between the commissioner and the board of school trustees on matters generally within the jurisdiction of the board of school trustees must be determined by the Lieutenant Governor in Council, whose decision is final.
1037 The commissioner must report to the minister whenever and on the matters directed by the Lieutenant Governor in Council.
1038 (1) The Lieutenant Governor in Council may, by regulation, provide for the election of a local government for a jurisdiction for which a commissioner has been appointed.
(2) On the election of a local government under subsection (1), the Lieutenant Governor in Council may, by order, revoke the powers and authority vested in the commissioner and, on that revocation, the local government has and may exercise all the powers and authority conferred by statute or by law on a local government of that type.
(3) If provision for an election is made under subsection (1), the Lieutenant Governor in Council may also make regulations for the election of the required number of school trustees and, on their election, may by order terminate any appointment made by the commissioner under section 1030.
1039 (1) In relation to a jurisdiction for which there is at the time a commissioner appointed under this Part, a person must not, except with the consent of the Attorney General,
(a) commence or continue a proceeding in any court in British Columbia in respect of or for the recovery of either the principal of or the interest on a debenture or other security issued by or guaranteed by the jurisdiction or for the payment of which the jurisdiction is liable, or
(b) commence or continue a proceeding in or out of a court in British Columbia in respect of or for the recovery of either the principal of or the interest on a debenture or other security guaranteed by the jurisdiction, if the property pledged or hypothecated in security of the debt represented by the debenture or security was not the property of the jurisdiction at the time of the pledge or hypothecation, but is at the commencement or continuance of the proceeding.
(2) Subsection (1) (a) applies despite any Act.
1040 (1) The Lieutenant Governor in Council may make regulations to carry this Part into effect.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) to remove any difficulty that may arise in the administration by the commissioner, and
(b) prescribing procedures governing the commissioner's administration that are considered desirable.