"Point in Time" Act Content

ISLANDS TRUST ACT
[RSBC 1996] CHAPTER 239

Section 11(2)(c) BEFORE changes were made by 2000-7-211 effective January 1, 2001 (BC Reg 399/00).

(c) the receipt and consideration of applications for amendments to bylaws and community plans;

Section 27(2)(b) BEFORE changes were made by 2000-7-212 effective January 1, 2001 (BC Reg 399/00).

(b) in the case of a bylaw adopting or amending a community plan, until it is approved by the minister.

Section 29 BEFORE changes were made by 2000-7-213 effective January 1, 2001 (BC Reg 399/00).

Land use and subdivision regulation

29 (1) Each local trust committee has, in respect of its local trust area, all the power and authority of a regional district board under the following enactments:

(a) sections 694 (1) (j) and 723 of the Local Government Act and Part 26 of that Act, except Division 10 and sections 937.2, 937.3 and 937.5 to 937.91 of that Part and except section 939;

(b) section 242 of the Strata Property Act;

(c) Part 2 of the Real Estate Act;

(d) the Agricultural Land Reserve Act;

(e) the Soil Conservation Act.

(2) For the purposes of subsection (1), the enactments referred to in that subsection, as they apply to a regional district board, apply to the local trust committees.

(3) Despite subsection (2), if an owner of land that is being subdivided exercises the option under section 941 (1) (b) of the Local Government Act to pay money instead of providing park land, the money must be paid to the applicable regional district.

(3.1) Despite subsection (2), if an official community plan includes a provision under section 879.1 (1) of the Local Government Act, the trust council rather than the local trust committee must adopt the required bylaw under section 920.1 (2) of that Act.

(4) The government, or an agency of the government as defined in the Public Service Labour Relations Act, must not develop, begin construction on or dispose of land located in the trust area unless the government or the agency of the government, as the case may be, first gives notice of the development, construction or disposition to the trust council.

(5) If a community plan that relates to all or part of a local trust area has been adopted or is being prepared or amended and the portion of the local trust area affected by the community plan includes all or any part of one or more school districts, the local trust committee for that local trust area must, at the time of preparing or amending the community plan, and, in any event, not less frequently than once in each calendar year, consult with the school boards for those school districts and seek their input with respect to

(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, and

(e) how the existing and proposed school facilities relate to existing or proposed community facilities in the area.

Section 31 BEFORE changes were made by 2000-7-214 effective January 1, 2001 (BC Reg 399/00).

Siting and use permits for construction
where no building bylaw in force

31 (1) In this section and section 32, "construction" means new construction of a building or structure and includes additions to an existing building or structure, but does not include the repair of an existing building or structure.

(2) For that part of its local trust area that is not subject to a requirement established under Part 21 of the Local Government Act that building permits be obtained for construction but is subject to a zoning bylaw or a rural land use bylaw, a local trust committee may, by bylaw,

(a) require, subject to the regulations, that owners of land in the local trust area obtain siting and use permits in accordance with the bylaw from the local trust committee or a person authorized by the local trust committee to issue the permits before beginning construction on the land, and

(b) impose application fees for permits referred to in paragraph (a) in order to recover the costs related to the permits.

(3) A siting and use permit referred to in subsection (2) (a) must be refused if the construction to which it relates does not comply with the applicable zoning bylaw or with Part 2 of the applicable rural land use bylaw.

(4) Section 929 of the Local Government Act respecting the withholding of building permits applies to the withholding of siting and use permits.

(5) Subject to the terms of a permit under this section, if the holder of the permit does not substantially begin the construction with respect to which the permit was issued within 2 years after the date it was issued, the permit lapses.

Section 32 BEFORE changes were made by 2000-7-215 effective January 1, 2001 (BC Reg 399/00).

Restrictions on construction where no zoning in force

32 Subject to the regulations, a person must not begin construction on land in a local trust area that is not covered by a zoning bylaw or a rural land use bylaw unless the construction is approved by the local trust committee.

Section 37(1) BEFORE changes were made by 2000-7-216 effective January 1, 2001 (BC Reg 399/00).

37 (1) The trust council and the board of a regional district, all or part of which is in the trust area, may enter into agreements respecting the coordination of official community plans, rural land use bylaws and the trust policy statement with services to be provided in the trust area by the regional district.

Section 38(1)(a) BEFORE changes were made by 2000-7-217 effective January 1, 2001 (BC Reg 399/00).

(a) all bylaws adopting a community plan that apply to land in the trust area, and

Section 39 BEFORE changes were made by 2000-7-218 effective January 1, 2001 (BC Reg 399/00).

Withholding of building permits

39 If a local trust committee advises a regional district board that it proposes to adopt

(a) a zoning bylaw, or an amendment of it,

(b) a community plan, or an amendment of it, or

(c) a rural land use bylaw, or an amendment of it,

affecting land in the regional district, the board may direct that a building permit be withheld, and, in that case, section 929 of the Local Government Act applies to the local trust committee.

Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada