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B.C. Reg. 221/95 |
Deposited May 18, 1995 |
| This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
Local Government Grants Act
[includes amendments up to B.C. Reg. 135/99]
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Contents |
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Division 4— Local Government Restructure Implementation Grants |
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1 In this regulation:
"1998 Municipal Equalization Grant" means the grant made to the municipality for the 1998 calendar year under Part 2, Division 2;
"1998 Small Community Protection Grant" means the grant made to the municipality for the 1998 calendar under Part 2, Division 1;
"Act" means the Local Government Grants Act;
"assessment" in relation to a jurisdiction means the converted value of land and improvements in the jurisdiction, within the meaning of section 820 of the Municipal Act;
"assessment weighting factor" in relation to a municipality means
(a) the mean per person assessment for all municipalities divided by the mean per person assessment of the municipality,
(b) 0.8, if the value calculated under paragraph (a) is less than 0.8, or
(c) 1.6, if the value calculated under paragraph (a) is greater than 1.6;
"facilities" means water facilities or sewage collection and disposal facilities;
"greater board" means a greater board as defined in section 872 of the Municipal Act;
"jurisdiction" means, as applicable, the regional district, municipality or other area that is the area of jurisdiction for the local government or related organization;
"mean" in relation to a value, amount or number means the mean obtained by
(a) adding together the relevant value, amount or number for each of
(i) the 3 consecutive years, or
(ii) the 2 consecutive years, where 3 are not available, or
(iii) 1 year, where 2 consecutive years are not available,
ending with the most recent year for which figures are available, and
(b) dividing the total by 3, 2 or 1 as the case may be;
"per person assessment" in relation to a jurisdiction means the mean assessment for the jurisdiction divided by the mean population of the jurisdiction;
"population" in relation to a jurisdiction means the population of the jurisdiction as determined by the minister, who may consider
(a) information provided by the director of statistics appointed under the Statistics Act,
(b) information in the most recently available Census of Canada,
(c) changes in the boundaries of the jurisdiction, and
(d) other information the minister considers relevant;
"restructure" means any establishment or reorganization of local government, including incorporations and boundary changes, or any change in its functions;
"rural area" means an area that is not incorporated as a municipality;
"sewage collection and disposal facilities" means
(a) sewage treatment and disposal plants,
(b) works, sewers and pumping stations for the collection, treatment or disposal of sewage, and
(c) works, structures, lines or conveniences that are incidental to and necessary for the collection, treatment or disposal of sewage;
"total program reductions" means, for a particular municipality, the total program reductions between the fiscal years of the government 1996-97 and 1997-98 with respect to
(a) the municipal basic grant, the municipal general grant and certain other ministry grants,
(b) the railway property tax phased-in impact for the fiscal year of the government 1997-98, and
(c) secondary highways, independent police equalization, Provincial Emergency Program, economic development, agriculture weed control, Canada Assistance Program payments and other program reductions;
"water facilities" means
(a) water treatment plants and works, reservoirs, dams, wells and pumping stations for the collection, treatment or distribution of water, and
(b) works, structures, lines and conveniences incidental to and necessary for the collection, treatment or distribution of water.
[am. B.C. Regs. 307/97, s. 1; 135/99, s. 1.]
Division 1 — Small Community Protection Grant
2 (1) Subject to subsection (2) of this section and to the making of an appropriation, a municipality is entitled to receive a small community protection grant in accordance with this Division.
(2) A municipality is not entitled to a small community protection grant under subsection (1) in the first calendar year that it is incorporated, but such a municipality may apply for a grant referred to in Division 3 of Part 4.
(3) Payments for a grant referred to in subsection (1) will be made in 9 equal installments unless the payments are combined or accelerated by the minister.
[en. B.C. Reg. 307/97, s. 2.]
3 (1) The amount of a small community protection grant under this Division in each year is calculated as follows:
(a) a base grant of $100 000 multiplied by the assessment weighting factor, minus
(b) a reduction of $5 per capita based on the municipal population over 5 000.
(2) If a municipality has a population under 5 000, the amount calculated for it under subsection (1) is increased to equal the sum of the 1998 municipal equalization grant and the 1998 small community protection grant.
(3) If a municipality has a population between 5 000 and 18 000, the amount calculated for it under subsection (1) is increased to equal
| (18 000 – the population of the municipality) | ||
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X the 1998 municipal equalization grant | |
| 13 000 |
(4) Despite subsections (1) and (3), if the amount calculated for a municipality under subsections (1) and (3) is less than $88 000, the amount of the small community protection grant for the municipality is $0 for that year.
[en. B.C. Reg. 135/99, s. 2.]
4 If it is not possible to calculate one or more of the factors required for the purposes of making a calculation under this Division because reliable information necessary for the calculation is not available or because information is not available in relation to a recently incorporated municipality, the minister may make estimates for the missing information in accordance with accepted statistical practices and may complete the calculation using these estimates.
[en. B.C. Reg. 307/97, s. 2.]
Division 2 — Municipal Equalization Grant
5 to 6.1 Repealed. [B.C. Reg. 135/99, s. 3.]
Division 3 — Regional District Basic Grants
7 (1) Subject to an appropriation, each regional district is entitled to receive an annual unconditional grant in accordance with this Division.
(2) Payments for a grant referred to in subsection (1) are to be made in accordance with the directions of the minister.
8 (1) The amount of a grant under this Division to a regional district is the sum of
(a) the amount applicable under subsection (2) to the regional district, and
(b) $2 500 for each local community established under section 838 of the Municipal Act for the regional district.
(2) The amount applicable in subsection (1) (a) for a regional district is
(a) $0 if the population of the regional district is 100 000 or more,
(b) $100 000 if the population of the regional district is between 50 000 and 99 999, and
(c) $120 000 if the population of the regional district is less than 50 000.
[en. B.C. Reg. 135/99, s. 4.]
Division 4 — Traffic Fine Revenue Sharing
8.1 The amount that a municipality may receive to help defray the cost of local police enforcement for a calendar year is calculated as follows:
| TPC | ||
| amount = |
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X App |
| APC |
where
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APC |
= |
the aggregate municipal policing costs for municipal policing in British |
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App |
= |
the annual appropriation for the calendar year for the Traffic Fine |
|
TPC |
= |
the total policing costs for the calendar year for the municipality as |
[en. B.C. Reg. 135/99, s. 5.]
Part 3 — Conditional Planning Grants
9 The classes of conditional grants that may be made under this Part are as follows:
(a) infrastructure planning grants, being grants for projects to study and plan the feasibility, costs, technology and location of proposed water facilities, proposed sewage collection or disposal facilities, proposed drainage facilities or proposed transportation facilities;
(b) community planning grants, being grants for projects to study and plan for growth and management of development at a community level including, without limiting this, for preparation of housing policies for the community;
(c) special provincial planning grants, being grants for projects to study and plan activities of local governments that, in the opinion of the minister, have special significance to the Province;
(d) restructure planning grants, being grants for projects to study and plan any establishment or reorganization of municipal or regional district government or any change in the functions of local government, including without limiting this, to study and plan incorporations, boundary changes and the transfer of services from one jurisdiction to another;
(e) regional growth strategy planning grants, being grants for projects to study and plan activities that contribute to the management of growth at the regional level and for the preparation of regional growth strategies.
[am. B.C. Reg. 414/95, s. 1.]
10 (1) Any municipality or regional district may apply for a grant referred to in section 9 of this regulation.
(2) A greater board, as defined in section 872 of the Municipal Act, may apply for a grant referred to in section 9 (a) of this regulation.
(3) The trust council under the Islands Trust Act may apply for
(a) grants referred to in section 9 (c) and (e) of this regulation in relation to activities referred to in sections 3, 15 and 44 of the Islands Trust Act, and
(b) grants referred to in section 9 (b) to (e) of this regulation in relation to activities of a local trust committee, or the executive committee acting as a local trust committee, under that Act,
and for these purposes is a related organization under the Local Government Grants Act.
[am. B.C. Reg. 414/95, s. 2.]
11 (1) The payment of any grant under this Part is subject to an appropriation.
(2) In the case of an infrastructure planning grant, the maximum amount that may be paid as a grant to any one jurisdiction in relation to a single project is to be determined in accordance with the following formula:
grant amount = (A + B)
where
A = 100% of the first $5 000 of the costs to the jurisdiction of the project, and
B = 50% of the next $10 000 of the costs to the jurisdiction of the project,
subject to the limit that the maximum amount of infrastructure planning grants that may be paid to a jurisdiction in relation to a single project in any one fiscal year is $10 000.
(3) In the case of a community planning grant, the maximum amount that may be paid to any one jurisdiction as a grant in relation to a single project is 50% of the costs to the jurisdiction of the project, subject to the limit that the maximum total amount of community planning grants that may be paid to a jurisdiction in relation to a single project in any one fiscal year is $30 000.
(4) In the case of a special provincial planning grant, the amount of the grant and the proportion of the project costs paid as the grant is in the discretion of the minister.
(5) In the case of a restructure planning grant, the maximum amount that may be paid to any one jurisdiction as a grant in relation to a single project in any one fiscal year is $40 000.
(5.1) In the case of a regional growth strategy planning grant, the maximum amount that may be paid to any one jurisdiction in relation to a single project in any one fiscal year is 50% of the costs to the jurisdiction of the project, subject to the following applicable limit determined in relation to the population of the jurisdiction:
population equal to or greater than 500 000 | maximum grant $300 000 | |
population of 100 000 to 499 999 | maximum grant $225 000 | |
population of 50 000 to 99 999 | maximum grant $150 000 | |
population of fewer than 50 000 | maximum grant $100 000 |
(6) Where this section establishes a maximum amount for a grant, more than one jurisdiction may receive that maximum in relation to the same project.
[am. B.C. Regs. 414/95, s. 3; 307/97, s. 3.]
12 In addition to any terms and conditions established by the minister, a grant under this Part may be made on one or more of the following conditions:
(a) that, unless the study to which the grant relates is completed within the period or by the deadline as specified by the minister at the time the grant is approved, or as extended by the minister or an authorized official from time to time, the grant will not be paid or will be paid in a lesser amount;
(b) that the local government provides to the minister information and reports respecting the study to which the grant relates as requested by the minister.
Part 4 — Conditional Implementation Grants
Division 1 — Water and Sewage Infrastructure Grants
13 Any municipality, regional district or greater board may apply for a grant under this Division if it
(a) constructs water facilities or sewage collection and disposal facilities, or
(b) contributes to the cost of constructing facilities that are operated on its behalf or for its benefit by another municipality, regional district or greater board.
14 (1) The payment of any grant under this Division is subject to an appropriation.
(2) For a grant under this Division,
(a) the minimum amount of the grant is 25% of the capital cost of the facilities, and
(b) the maximum amount of the grant is 50% of the capital cost of the facilities.
(3) Repealed. [B.C. Reg. 135/99, s. 6 (a).]
(4) As an exception to subsection (2), if the minister considers that there are insufficient funds appropriated to make a grant in accordance with those subsections, the minister may consider only part of the cost of the facilities as eligible for a grant.
[am. B.C. Reg. 135/99, s. 6.]
15 In addition to any terms and conditions established by the minister, a grant under this Part may be made on one or more of the following conditions:
(a) that, unless the facilities to which the grant relates are completed within the period or by the deadline specified by the minister at the time the grant is approved, or extended by the minister or an authorized official from time to time, the grant will not be paid or will be paid in a lesser amount;
(b) that the local government provides to the minister information and reports respecting the project to which the grant relates as requested by the minister.
Division 2 — Transportation Infrastructure Grants
16 (1) A municipality whose application for funding has been recommended to the minister by the Minister of Transportation and Highways is eligible for a grant under this Division in relation to the construction and upgrading of local transportation infrastructure that
(a) is part of a major municipal highway, or
(b) encourages walking, bicycling or the efficient use of public transportation.
(2) In considering an application referred to in subsection (1), the Minister of Transportation and Highways must consider the location, relationship to land use, consistency with Provincial and regional transportation and growth strategies, classification, function and cost of the transportation infrastructure.
17 (1) The payment of any grant under this Division is subject to an appropriation.
(2) The maximum amount of a grant that may be paid to a jurisdiction under this Division is 50% of the eligible capital costs of the project for which the grant is given.
(3) The minister, in consultation with the Minister of Transportation and Highways, may determine the costs of a project, including the costs of right of way acquisition for the highway, that are eligible capital costs for the purposes of subsection (2).
18 In addition to any terms and conditions established by the minister, a grant under this Division may be made on one or more of the following conditions:
(a) that, unless the project to which the grant relates is completed within the period or by the deadline specified by the minister at the time the grant is approved, or extended by the minister or an authorized official from time to time, the grant will not be paid or will be paid in a lesser amount;
(b) that the local government provides to the minister information and reports respecting the project to which the grant relates as requested by the minister.
Division 3 — Municipal Restructure Assistance Grants
19 (1) Any municipality may apply for a grant under this Division to assist in
(a) restructuring after an incorporation or boundary extension has occurred, and
(b) making substantial changes in service delivery for its area.
(2) Eligibility for a grant under this Division is subject to the following limits:
(a) in the case of a grant in relation to restructuring, implementation of the restructuring must be approved or certain before a grant is paid;
(b) a new municipality or municipality that has extended its boundaries is only eligible to receive a grant under this Division for up to the first 3 years after the incorporation or extension.
20 (1) The payment of any grant under this Division is subject to an appropriation.
(2) In the case of a new municipality, as a grant in place of unconditional grants under Part 2 of this regulation for the calendar year in which a new municipality becomes incorporated, a municipality may be paid a grant the maximum amount of which is the total of the grants paid under Division 1 of Part 2, calculated as if the municipality were eligible for grants under that Part and prorated for the number of days in that calendar year during which the municipality is incorporated.
(3) In the case of the incorporation of a rural area into a new municipality or the extension of an existing municipality to include a rural area, the maximum total of the grants that may be given under this Division, in addition to grants referred to in subsection (2) if applicable, is the total of the following:
(a) $200 per person, based on the population of the incorporated area that was a rural area before incorporation;
(b) $100 per person, based on the total population of the new or enlarged municipality.
(4) In the case of a new municipality created by the amalgamation of all or parts of existing municipalities, the maximum grant that may be given under this Division in addition to grants referred to in subsection (2), is $100 per person, based on the total population of the new or enlarged municipality.
(5) In the case of a grant to assist in the settlement of an issue between local governments or boards of improvement districts respecting matters within their respective jurisdictions or the allocation of resources or costs between them, the amount of the grant is in the discretion of the minister.
[am. B.C. Regs. 307/97, s. 4; 135/99, s. 7.]
21 In addition to any terms and conditions established by the minister, a grant under this Division may be made on one or more of the following conditions:
(a) that all or some part of the grant is used for a purpose specified by the minister;
(b) that the local government provides to the minister information and reports respecting the use of the grant as requested by the minister.
Division 4 — Local Government Restructure Implementation Grants
22 (1) Any municipality or regional district may apply for a grant under this Division to implement local government restructuring.
(2) As examples, a grant may be given under this Division to cover the costs of conducting an election for a first council for a new municipality or for employing an interim administrator for an area to be incorporated.
(3) A municipality or regional district is eligible to receive a grant under this Division for not more than 5 years after the restructuring or service delivery change to which it relates.
(4) As an exception to subsection (3), a municipality is eligible to receive a grant under this Division in relation to policing services for not more than 5 years after a starting date determined by the minister.
23 (1) The payment of any grant under this Division is subject to an appropriation.
(2) Subject to subsection (3), the maximum amount of a grant under this Division is the direct and actual cost to the municipality or regional district, as determined by the minister, of the transitional expenses for which the grant is given.
(3) If a regional district is incorporated by the amalgamation of 2 or more regional districts, the maximum amount of a grant under this Division to the newly incorporated regional district is the total of the grants under Division 3 of Part 2 of this regulation that would otherwise have been payable to the regional districts that were amalgamated.
(4) The maximum amount of a grant in relation to the provision of policing services is the aggregate of the annual costs to the Province, as determined by the minister in consultation with the Attorney General, of providing policing services to an area formerly policed under section 3 (1) of the Police Act.
24 In addition to any terms and conditions established by the minister, a grant under this Division may be made on one or more of the following conditions:
(a) that all or some part of the grant is used for a purpose specified by the minister;
(b) that the local government provides to the minister information and reports respecting the use of the grant as requested by the minister.
25 The classes of conditional grants which may be made under this Division are as follows:
(a) special assistance grants, being grants to assist in the resolution of municipal or regional district problems that, in the opinion of the minister, are unusual or unique and for which the minister considers no other means of providing the assistance is available;
(b) regional district supplemental grants, being grants to assist in the provision of services in regional districts that are, in the opinion of the minister, sparsely populated and financially disadvantaged.
26 (1) Any municipality or regional district may apply for a special grant under section 25 (a) of this regulation.
(2) Any regional district may apply for a regional district supplemental grant under section 25 (b) of this regulation.
27 (1) The payment of any grant under this Division is subject to an appropriation.
(2) The amount of a special grant under section 25 (a) of this regulation is in the discretion of the minister and may be made on one or more of the following bases:
(a) a fixed amount;
(b) a fixed amount per resident multiplied by the population of the jurisdiction;
(c) a percentage of the costs towards which the grant is being paid;
(d) an amount established in relation to assessment in the jurisdiction.
(3) The amount of a regional district supplemental grant under section 25 (b) of this regulation is in the discretion of the minister and may be made on the basis of either or both of the following, subject to the limit that the maximum amount of such a grant that may be paid to a regional district in any one fiscal year is 90% of the amount referred to in section 8 (a) of this regulation:
(a) a fixed amount;
(b) a percentage of the amount referred to in section 8 (a) of this regulation.
28 In addition to any terms and conditions established by the minister, a grant under this Division may be made on one or more of the following conditions:
(a) that all or some part of the grant is used for a purpose specified by the minister;
(b) that the local government provides to the minister information and reports respecting the use of the grant as requested by the minister.
Division 6 — Other Infrastructure Grants
29 A municipality or regional district may apply for a grant under this Division to assist with the costs of a facility not eligible for a grant under other provisions of this regulation if the municipality or regional district
(a) constructs a physical asset that is owned or controlled by the municipality or regional district, or
(b) contributes to the cost of a physical asset that is operated on its behalf or for its benefit by another municipality or regional district.
[en. B.C. Reg. 135/99, s. 8.]
30 (1) If there is money in an appropriation to cover a grant applied for under section 29, the amount of the grant must not exceed the lesser of
(a) 50% of the capital cost of the facility, or
(b) $100 000.
(2) If the minister considers that there is insufficient funds appropriated to make all the grants being applied for under this Division for the fiscal year, in the amounts calculated under subsection (1), the minister may reduce the amount to be paid for one or more of the grants.
[en. B.C. Reg. 135/99, s. 8.]
31 In addition to any terms and conditions established by the minister, a grant under this Part may be made on one or more of the following conditions:
(a) that, unless the facilities to which the grant relates are completed within the period or by the deadline specified by the minister at the time the grant is approved, or extended by the minister or an authorized official from time to time, the grant will not be paid or will be paid in a lesser amount;
(b) that the local government provides to the minister information and reports respecting the project to which the grant relates as requested by the minister.
[en. B.C. Reg. 135/99, s. 8.]
Note: this regulation repeals B.C. Reg. 536/77
[Provisions of the Local Government Grants Act, R.S.B.C. 1996, c. 275, relevant to the enactment of this regulation: section 7]
Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada