Vol. 47 No. 15 — 365/2004

Volume 47, No. 15
B.C. Reg. 365/2004

The British Columbia Gazette, Part II
July 27, 2004

B.C. Reg. 365/2004, deposited July 23, 2004, pursuant to the NANAIMO AND SOUTH WEST WATER SUPPLY ACT [Sections 2 and 6]. Order in Council 773/2004, approved and ordered July 22, 2004.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective August 1, 2004,

(a) the Greater Nanaimo Water District Act, S.B.C. 1953 (2^ndSession), c. 41, is repealed by this regulation, and

(b) the attached Nanaimo and South West Water Supply Service Regulation is made.

— M. COELL, Minister of Community, Aboriginal and Women's Services; J. van DONGEN, Presiding Member of the Executive Council.

NANAIMO AND SOUTH WEST WATER SUPPLY
SERVICE REGULATION

*Contents*
1	Definition
2	Changes to Nanaimo's water supply service
3	Exemption from section 13 (1) of the Community Charter
4	Body to advise Nanaimo on water supply service

Definition

1 In this regulation:

"Act" means the Nanaimo and South West Water Supply Act;

"improvement district" means the South West Extension Waterworks District.

Changes to Nanaimo's water supply service

2 For the purposes of section 6 (2) (a) of the Act,

(a) Nanaimo may not

(i) sell or supply water within South West to anyone except the improvement district, or

(ii) change the volume of bulk water provided to South West or its means of delivery,

without the prior approval of the board of trustees for the improvement district, and

(b) Nanaimo may not impose fees for supplying bulk water to South West that exceed the cost to Nanaimo of doing so.

Exemption from section 13 (1) of the Community Charter

3 As an exception to section 13 (1) of the Community Charter, Nanaimo need not obtain consent under that section if Nanaimo sells or supplies water to an area

(a) that is outside its municipal boundaries, and

(b) to which the water district sold or supplied water immediately before its dissolution.

Body to advise Nanaimo on water supply service

4 For the purposes of section 6 (2) (b) (i) of the Act,

(a) a body referred to in section 5 (1) of the Act, however established, must include at least one member appointed by the board of trustees for the improvement district, and

(b) the representation of the improvement district required under paragraph (a) may not be reduced without the approval of the board of trustees for the improvement district.