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| B.C. Reg. 17/2000 O.C. 70/2000 |
Deposited January 28, 2000 |
| This archived regulation consolidation is current to April 1, 2005 and includes changes enacted and in force by that date. For the most current information, click here. |
Local Government Act
1 The definitions in sections 1, 932, 937.2 and 937.4 of the Local Government Act apply to this regulation.
2 The following categories of eligible development are exempt from school site acquisition charges under section 937.3 (1) of the Local Government Act:
(a) hospitals as defined in section 1 of the Hospital Act;
(b) private hospitals or hospitals as defined in section 5 (1) of the Hospital Act;
(c) a hospital under paragraphs (c) to (e) of the definition of "hospital" in section 1 of the Hospital Insurance Act;
(d) bunkhouses or camp buildings;
(e) hotels as defined in the Residential Tenancy Act;
(f) community care facilities as defined in the Community Care Facility Act;
(g) nonprofit housing, including facilities owned or operated by
(i) a non-profit society incorporated under the Society Act,
(ii) a municipality or a regional district,
(iii) a college designated under the College and Institute Act,
(iv) a university or institute named in the University Act, Royal Roads University Act, Institute of Technology Act, Technical University of British Columbia Act or University of Northern British Columbia Act,
(v) a school board or a francophone education authority under the School Act, or
(vi) an authority under the Independent School Act;
(h) a property for which financial assistance has been provided under the Human Resource Facility Act for nonprofit housing;
(i) housing for elderly citizens for which a grant or other assistance has been given under section 8.1 of the Ministry of Lands, Parks and Housing Act;
(j) not-for-profit rental housing in respect of which a development cost charge has been waived or reduced under section 933 (12) of the Local Government Act;
(k) a nonprofit housing cooperative under the Cooperative Association Act;
(l) a private mental hospital as defined in section 1 of the Mental Health Act.
3 The categories of eligible development for the purposes of Division 10.1 of Part 26 of the Local Government Act are low density, medium low density, medium density, medium high density and high density which are defined as follows:
"low density" means up to 21 self-contained dwelling units on a gross hectare;
"medium low density" means 21 to 50 self-contained dwelling units on a gross hectare;
"medium density" means 51 to 125 self-contained dwelling units on a gross hectare;
"medium high density" means 126 to 200 self-contained dwelling units on a gross hectare;
"high density" means over 200 self-contained dwelling units on a gross hectare.
4 The factors for the purpose of the definition of "D" in section 937.5 (1) of the Local Government Act are set out in Column 1 in the following Table for the corresponding categories in Column 2 in that Table.
Table
| Column 1 | Column 2 | |
|---|---|---|
| Factor to be applied for each Category of Eligible Development |
Category of Eligible Development | |
| 1.25 | low density | |
| 1.125 | medium low density | |
| 1.00 | medium density | |
| 0.875 | medium high density | |
| 0.75 | high density |
5 For each category listed in Column 1 in the following Table, the maximum school site acquisition charge payable per unit is the corresponding entry in Column 2 in that Table.
Table
| Column 1 | Column 2 |
|---|---|
| Category of Eligible Development | Maximum Charge per unit |
| low density | $1 000 |
| medium low density | $900 |
| medium density | $800 |
| medium high density | $700 |
| high density | $600 |
6 (1) A local government may retain from money collected under section 937.3 (1) of the Local Government Act as an administration fee $2 000 per school year in addition to 0.1% of school site acquisition charges collected.
(2) Subsection (1) applies unless a school board and local government agree otherwise.
7 (1) In this section, "disbursements" means any expenses necessarily incurred by a local government relating to the transfer of land transferred to a school board under section 937.9 of the Local Government Act.
(2) If land has been transferred under section 937.9 of the Local Government Act to a school board, the school board must reimburse the local government for any disbursements.
(3) Subsection (2) applies unless a school board and local government agree otherwise.
[Provisions of the Local Government Act, R.S.B.C. 1996, c. 323, relevant to the enactment of this regulation: sections 937.2 to 937.91]
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