VANCOUVER CHARTER
SBC 1953, c. 55
Consolidated to December 31,1996, by the Office of Legislative Counsel
This Act has not been revised and is included for convenience only
References in this Act to sections of other British Columbia Acts may be references to the Revised Statutes 1979 or earlier Revised Statutes, depending on when the Vancouver Charter provision containing the reference was enacted or amended. References to federal Acts may also be references to earlier versions of those Acts.
Dec. 31. 1996 VANCOUVER CHARTER — STATUS SHEET
VANCOUVER CHARTER
SBC1953, c. 55
AMENDMENTS NOT IN FORCE
Section of Vancouver Charter Reference of Amendments
304, 306, 306B, 311, 1981-11-38 to 43 314 and 567 482 1982-38-22 396 1985-51-79 571B to 571D 1993-25-14, effective April 1, 1997 (B.C. Reg. 375/96), amendments not consolidated
Dec. 31. 1996 I Vancouver Charter Contents (Part Headings)
[Prepared for convenience by the Office of Legislative Counsel]
VANCOUVER CHARTER
CONTENTS - PART HEADINGS
Part Section(s) I. Electors and Elections...... 7 - 128 Division (1) - Interpretation ...... 7 - 8.1 Division (2) - Arrangements for Elections...... 9 - 16 Division (3) - Election Proceedings Generally...... 17 - 21 Division (4) - Electors...... 22 - 37 Division (5) - Qualifications for Office...... 38 - 40 Division (6) - Nominations...... 41 - 50 Division (7) - Candidates and Representatives...... ; 51 - 54 Division (8) - Campaign Financing...... 55 - 65 Division (9) - Voting Opportunities...... 66 - 72 Division (10) - Arrangements for Voting...... 73 80 Division (11) - Conduct of Voting Proceedings...... 81 - 84 Division (12) - Voting...... 85 - 94 Division (13) - Counting of the Vote...... 95 - 109 Division (14) - Judicial Recount...... 110 - 114 Division (15) - Declaration of Invalid Election...... 115 - 119 Division (16) - Final Proceedings ...... 120 - 122 Division (17) - Election Offences...... 123 - 126 Division (18) - General...... 127 - 128 II. Other Voting...... 129 - 136.7 Division (1) - Interpretation...... 129 - 130 Division (2) - Assent of the Electors...... 131 - 132 Division (3) - Proceedings for Other Voting...... 133 - 136.3 Division (4) - Scrutineers...... 136.4 - 136.7 III. The Council and Its General Powers...... 137 - 206D IV. Duties of Mayor, Director of Finance, City Clerk, City Treasurer, and Auditors...... 207 - 235B Mayor...... :...... 207 - 209 Director of Finance...... 210 - 219 City Clerk...... 220 - 225 City Treasurer ...... 226 - 229 Auditors...... 230 - 235B . V. By-Laws for Contracting Debts;...... 236 - 247A Debentures...... 248 - 264 VI. Licences...... 269 - 279C VII. Business Tax...... 279AA - 287
Dec. 31. 1996 1 Vancouver Charter Contents (Part Headings)
VIII. Public Works...... '....288 - 299 Water...... 300 Wharves...... 301 Sewers and Drains...... 302 Scavenging...... 303 IX. Buildings...... 304 - 308A X. Fire Prevention and Control...... 309 311 XI. Electrical and Gas Works....'...... 312 - 316 XII. Street Traffic...... 317 - 321 XIII. Airport...... 322 XIV. Nuisances...... 323 - 324A XV. Health...... 325 - 330 XVI. Cemeteries...... 331 - 332 XVII. Penalties...... 333 - 336D XVIII. Department of Industrial Development...... 337 XIX. Vancouver Athletic Commission...... 338 XX. Real-Property Taxation...... 349 - 351 Estimates and Rating By-law...... 372 - 376.1 Appeals from Real-Property Court of Revision...... 395A Taxation of Real Property...... 396 - ■ 399 Collection of Real-Property Taxes...... 400 - 421 Collection of School Taxes...... 421A - 421C Sale of Real Property for Delinquent Taxes Thereon...... 422 - 454 XXI. Business Improvement Areas...... 455 - 463 XXII. Police Magistrates...... 474.1 - 484 XXIII. Parks...... ■...... 485 - 497A XXIV. Local Improvements...... 498 - 523C.1 XXIV-A..Development Cost Levies...... 523D XXV. Quashing By-Laws and Resolutions...... 524 - 530 XXVI. Compensation for Real Property Expropriated or Injured ...... [Repealed] Expropriation...... 532 - 540.1 Injurious Affection...... 541 - 544 General...... 551 - 552 XXVII. Planning and Development...... 559 - 564 Zoning...... 565 - 571A Board of Variance...... 572 - 573 Advisory Planning Commission...... 574 XXVIII. Heritage Conservation...... 575 - 606 Division (1) - General...... 575 - 580 Division (2) - Heritage Review...... 581 - 586 Division (3) - Temporary Protection...... 587 - 591 Division (4) - Continuing Protection...... 592 - 596 Division (5) - Heritage Alteration Permits...... 597 - 598 Division (6) - Notices under this Part...... 599 - 603 Division (7) - Remedies and Offences...... 604 - 606
2 Dec. 31, 1996 Vancouver Charter Contents (Section Headings)
[Prepared for convenience by the Office of Legislative Counsel]
VANCOUVER CHARTER
CONTENTS - SECTION HEADINGS
Preamble 21. Exceptional assistance in election 1. Short title proceedings 2. Interpretation Division (4) - Electors 2.1 Application of specified municipal enactments 22. Who may vote at an election 3. Provision for publication in 23. Resident electors newspaper 24. Non-resident property electors 4. Deputies may be appointed 25. Rules for determining residence 5. Procedure if no deputy 26. When a person may register as 6. The city a corporation an elector Boundaries of the city 27. . Voting day registration only 28. Application for registration PART I 29. How to register in advance 30. How to register at the time of voting Electors and Elections 31. Non-resident property elector Division (1)- Interpretation certificate 32. Automatic registration by inclusion 7. Definitions on Provincial list of voters 8. Time not extended for voting days 33. Effect of registration 8.1 This Act applies 34. Register of electors
Division (2) - Arrangements for 35. List of registered electors Elections 36. Objection to registration of an elector 37. Resolving objections 9. General local election every 3 years 10. By-elections Division (5) - Qualifications for Office 11. Minister’s order for election to be 38. Who may hold elected office conducted 39. Disqualification of Council and 12. Election by-laws regional district employees 13. Costs of elections 40. Only one elected office at a time 14. Appointment of election officials on Council 15. Chief election officer duties and powers Division (6) - Nominations 16. Presiding election official duties 41. Nomination period and powers 42. Notice of nomination Division (3) - Election Proceedings 43. Who may make nominations Generally 44. Nomination documents 45. Nomination by delivery of 17. Public notices nomination documents 18. Solemn declarations 46. Declaration of candidates 19. Keeping order at election 47. Challenge of nomination proceedings 48. Declaration of election by voting 20. Adjournment of election proceedings or acclamation
Dec. 31, 1996 1 Vancouver Charter Contents (Section Headings)
49. Notice of election by voting Division (10) - Arrangements for 50. Appointment if an insufficient Voting number of candidates are elected 73. Voting places Division (7) - Candidates and 74. Use of voting machines r Representatives 75. Voting divisions 76. Form of ballots 51. . Ballot showing candidate endorse 77. What must and must not be ment by elector organization included on a ballot 52. Withdrawal, death or incapacity 78. Order of names on ballot of candidate . 79. Order of names on ballot 53. Appointment of candidate determined by lot representatives 80. Ballot boxes 54. Presence of candidate representatives at election proceedings Division (11) - Conduct of Voting Proceedings Division (8)- Campaign Financing 81. Persons who must be present at 55. Definitions voting places 56. Election campaign . 82. Persons who may be present at 57. Appointment of financial agent voting places 58. Restrictions on accepting contribu 83. Sealing of ballot boxes containing tions and incurring expenses ballots 59. Restrictions on making campaign 84. Time for voting extended contributions Division (12) - Voting 60. Recording of campaign contributions and election expenses 85. Voting to be by secret ballot 61. Valuation of campaign contributions 86. Each elector may vote only once and election expenses 87. Requirements before elector may be given a ballot to vote 62. Duty to file disclosure statements 88. Challenge of elector 63. Failure to file disclosure statement 89. If another person has already voted for candidate under an elector’s name 64. Failure to file disclosure statement 90. Replacement of spoiled ballot for elector organization 91. How to vote by ballot 65. Disclosure statements to be available 92. One person to a voting compartment for public inspection 93. Persons needing assistance to mark Division (9) - Voting Opportunities their ballots 94. Persons unable to enter a voting place 66. Voting opportunities for electors 67. Required general voting Division (13)- Counting of the Vote opportunities 95. When and where counting is to be 68. Additional general voting done opportunities 96. Who may be present at counting 69. Required advance voting 97. Who does the counting opportunities 98. Opening of ballot boxes 70. Additional advance voting 99. Combination of ballots for counting opportunities 100. Procedures for counting 71. Special voting opportunities 101. Rules for accepting votes and 72. Mail ballot voting rejecting ballots
2 Dec. 31. 1996 Vancouver Charter Con-tents (Section Headings)
102. Objections to the acceptance of PART II a vote or the rejection of a ballot Other Voting 103. Ballot account Division (1) - Interpretation 104. Packaging of ballots 105. Delivery of election materials to chief 129. Definitions v election officer 130. Other voting to be conducted in same 106. Preliminary election results manner as an election 107. Determination of official election Division (2) - Assent of the Electors results 108. Declaration of official election results 131. How assent is obtained 132. Each by-law to be voted on must 109. When elected candidates may take be for a distinct purpose office Division (3) - Proceedings for Other Division (14) - Judicial Recount Voting 110. Application for judicial recount 133. Who may vote at other voting 111. Judicial recount procedure 134. General voting day for other voting 112. Results of judicial recount and orders 135. Arrangements for other voting as to costs 136. Notice of other voting 113. Determination of results by lot if 136.1 Ballots for other voting tie vote after judicial recount 136.2 When counting for other voting is 114. Runoff election if tie vote after a to be done judicial recount 136.3 Other general matters
Division (15) - Declaration of Invalid Division (4) - Scrutineers Election 136.4 Scrutineers for other voting 115. Application to court . 136.5 Notice of applications to volunteer 116. Hearing of the application as a scrutineer 117. Power of the court on an application 136.6 Applications to volunteer to act 118. Costs of an application as scrutineer for other voting 119. Status of an elected candidate 136.7 Appointment of scrutineers for other voting
Division (16) - Final Proceedings PART III 120. Report of election results The Council and its General 121. Publication of election results Powers 122; Retention and destruction of election materials 137. Size and quorum of Council 138. Councillor elections: at large unless Division (17) - Election Offences on a neighbourhood constituency 123. Vote buying basis 139. Term of office for Mayor and 124. Intimidation Councillors 125. Other election offences 140. Oath of office 126. Penalties 141. Disqualification from office for Division (18) - General failure to make oath or attend meetings 127. Powers of minister in relation to 142. Resignation from office elections 142.1 Application to court to declare 128. Regulations member of Council disqualified
Dec. 31. 1996 3 Vancouver Charter Contents (Section Headings)
142.2 Resolution declaring member of 173. Council may declare emergency Council disqualified 174. [Repealed] 143. Time of Council meetings 175. Union label may be required 144. Validity of Council proceedings Special provision in collective 145. City’s powers exercisable by Council agreements generally 175A. City may join employers’ 145.1 Voting at Council meetings organization 146. A quorum sufficient 176. Inquiry by barrister 147. Continuing bodies 177. His powers 148. Unreasonableness no bar 178. His fees 149. Time within which by-laws may 179. Acquisition of parks, etc. be questioned 180. Indemnification of employees 150. Good faith test of sales 181. Metric regulations 151. Exercise of Council powers by 182 - 183. [Repealed] by-law and resolution 184. Questions may be submitted for 152. Power to accept property the opinion of the electors 153. Exceptional grants only upon assent 185. Council to provide for upkeep of of electors city property 153A. Franchise for telegraph, steam-heat, 186. Power to watch legislation or hot-water service 187. City may be represented before 154. Power of Provincial Government Boards, etc. to confer added powers in 188. Intermunicipal bridges emergency 189. Good rule and government 155. Settlement of claims 190. Council may acquire property 156. Witnesses may be required to attend Disposal of real property 157. Declaratory judgments may be 191. Power to buy and sell commodities sought 192. City may enter into agreements 158. Recovery of costs in certain cases pursuant to Statutes 159. Council may set up committees 193. Power to undertake housing 160. Discharge of committees development 161. Delegation of powers 193A. Power to acquire property for com 161A. Idem mercial or industrial development 161B. Suspension, revocation, etc. 193B. Power to acquire property for of permits improvement or rehabilitation 162. Council’s power to set up 193C. Power to achieve heritage purposes departments, etc. 194. Daylight saving To appoint employees 195. Insurance may be contracted for 162A. To appoint a Board of 195A. Employee and officer expenses Administration 196. Council members’ remuneration 163. Termination on one month’s notice and expenses 164. Provision for bonding 196A. Reporting of remuneration and 165. By-laws covering expenses Procedure etc. 197. By-laws may be revised 166. Special vote 198. Provision for civic holiday 167. How by-law to be completed 199. Added powers of Council 168. Inspection by public of records 200. Expenditures to be kept within 169. Execution of contracts estimates 170. Signing of cheques 201. Investment and expenditure 171. By-law provable by production of balances 172. Taxes, etc., are a debt due the city 201A. Property acquisition fund
4 Dec. 31. 1996 Vancouver Charter Contents (Section Headings)
202. Expenditures prior to adoption City Clerk of estimates 220. City Clerk 202A. Social planning 221. Making and custody of records 203. Powers of Council re businesses, 222. And of by-laws trades, etc. 223. To attend meetings 204. Authorized expenditures 224. Proof of documents in Court Recognition'of guests, etc. 225. Seal in custody of City Clerk 204A. Operation of public auditorium or museum City Treasurer 205. Freedom of the city may be bestowed 226. City Treasurer 206. Council may make grants and 227. Receives and disburses all moneys provide assistance 228. To keep complete accounts Charity, etc. 229. To hold sinking fund securities 206A. Sunday sport Proclaimed for June 18th, 1958, Auditors by O. in C. No. 1465/58 230. Appointment of Auditor 206B. Further relief from provisions of Limitations of appointment Lord’s Day Act (Canada) Removal of auditors 206C. Pensions for Council members Remuneration to be paid auditors 206D. ■ Time as M.P. included 231. Duties and powers of auditors 232. Duty to report in certain cases PART IV 233. Added duties Duties of Mayor, Director of 234. Duty of Council and officers to Finance, City Clerk, City assist auditors Treasurer, and Auditors 235. Powers of auditors, call for books Mayor and documents 235A. Restriction on removal of records, 207. Status of Mayor .books, and other documents 208. Mayor’s duties from city office To enforce law for government 235B. Rights of electors of city, etc. 209. Acting-Mayor PART V Director of Finance By-laws for Contracting Debts 210. Director of Finance 236. Limit of borrowing power 211. Duty to advise Council 237. When by-law takes effect 212. To have control 238. When debt repayable Over revenue, etc. 239. Sinking fund and serial debentures 213. How money disbursed 239A. Borrowing from Greater Vancouver 214. Examination of accounts before . Regional District warrant issued 240. Recitals in money by-laws 215. Council to authorize disbursements 241. Debt may be callable 216. Provision for advance authorization 242. What borrowing to be submitted 217. Deduction where payee indebted to electors to city 243. Valid after expiration of month 218. Fund to be adequate 244. Provision for amendment or 219. Director of Finance to report on diversion revenue and expenditure 245. Borrowing over a period of years
Dec. 31, 1996 5 Vancouver Charter Contents (Section Headings)
245A. Expenditure for providing 279B. Regulation of “burglar alarms” information to electors 279C. Regulation of fire alarm systems 246. Conditions of borrowing 247. Issue of debentures to repurchase or PART VII redeem earlier debentures Business Tax 247A. Debt repayment fund 279AA. Government activities Debentures 280. By-laws to be made 248. How executed Business tax, etc. 248A. Issue and servicing of debentures 281. Access and information to be given 249. Coupons 282. Interest on unpaid taxes 250. How payable 283. Status of owner-occupier 251. Payable in full 284. Tax a debt 252. Provision for registration 285. Services included 253. How authorized 286. Basis of assessment 254. Effect of endorsement 287. Certain companies liable for tax 255. Provision for cancellation 256. City not concerned with trusts PART VIII 257. Lost debenture may be replaced Public Works Sale of debenture 258. 288. City Engineer’s status 259. Expenditure may be delayed 289. Streets and parks vested in city 260. Sinking fund investments 289A. Use of streets and adjacent property 261. Sinking fund accounts 290. Protection of streets 262. Provision for transfer of surplus to 291. Provision of Council for sinking fund Establishing streets, etc. Borrowing pending collection of real 263. 291 A. Access to property and right to property taxes purchase 264. Borrowing pending sale of 291B. Appeal against decision of Registrar debentures 292. Subdivision control 265 - 268. [Repealed] 293. Appeal and procedure 294. Limitation of actions PART VI 294A. [Repealed] Licences 295. Remedy over 269. Chief Licence Inspector 296. Third-party procedure 270. Powers of inspection 297. If claim paid by city 271. Duty to give access and information 298. When validity of judgment applies 272. By-laws for 299. Condition of recovery Licensing, etc. Water 273. Term of licence 274. Payable in advance 300. Powers of Council 275. Powers discretionary Acquisition and distribution of 276, Licence for each plaice of business water, etc. 277. Power to suspend Wharves Appeal from suspension 278. Procedure where suspension or 301. Provision of wharves revocation recommended Sewers and Drains 279. Certain provisions of Liquor Act not to apply 302. Powers of Council 279A. Shops regulation Sewerage and drainage system, etc:
6 Dec. 31, 1996 Vancouver Charter Contents (Section Headings)
Scavenging PART XIII 303. Powers of Council Airport Scavenging system, etc. 322. Airports Establishing airports, etc. PART IX Buildings PART XIV Nuisances 304. Interpretation 305. City Building Inspector 323. By-laws Nuisances may be prohibited, etc. 306. By-laws for 324. By-laws for impounding and keeping Regulating construction, etc. of animals, etc. 306A. Provisional repeal of s. 306A 324A. Enforcement of provisions of by-law 306B. Building Board of Appeal re nuisance 307. Eviction of tenants may be effected 308. Taxes may be remitted PART XV 308A. Regulated by by-law Health
PART X 325. Health Department 326. Local Board displaced Fire Prevention and Control 327. Provisional certificate hot required 309.. Fire Department established 328. Inspection 310. Appointment of staff, etc. • 329. Access to be permitted 311. By-laws for 330. Powers of Council Health by-laws, etc. Enabling entry on premises, etc. PART XVI PART XI Cemeteries Electrical and Gas Works 331. Powers of Council 312. City Electrician Acquisition of cemetery 313. His powers of entry for inspection property, etc. 314. Powers of Council 332. Resumption of areas alienated 315. Water powers 316. Saving clause PART XVII Penalties PART XII 333. Fines and penalties Street Traffic 333A. [Repealed] 317. By-laws for 334. Remedy of injunction 335. Powers of Justice of the Peace Regulating traffic, etc. 336. Expense may be recovered 318. Powers of Council from defaulter Stop-signs, etc. 336A. Delegation of power to board 319. By-laws for or tribunal Parades, etc. 336B. Violation of by-law 320. Street names and signs 336C. Idem 321. Filings to be made 336D. Idem
Dec. 31,1996 7 Vancouver Charter Contents (Section Headings)
PART XVIII 396A. Exemptions for heritage properties Department of Industrial 396B. Repayment requirement in relation to Development heritage exemptions 397. Extent of exemption 337. Department of Industrial Change of status Development may be established 398. Equipment on streets to be taxed Basis of taxation PART XIX Return by companies Vancouver Athletic 399. Exemption from business tax Commission Collection of Real-Property Taxes 338. Commission may be established To regulate boxing and wrestling, etc. 400. Tax roll 401. Its contents PART XX 401 A. Supplementary roll 402. Collector to have custody Real-Property Taxation 403. Mailing and content of tax statements 339 - 348. [Repealed] . 404. Date of mailing to be recorded 349. Contiguous parcels 405. Copies may be had 350. [Repealed] 406. Warning of tax sale 351. Apportionment of taxes 407. Further warning of tax sale on subdivision 408. [Repealed] 352-371. [Repealed] 409. Charges, how treated 410. Taxes deemed due at beginning Estimates and Rating By-law ' of year 372. Annual estimates 411. When delinquent 373. Rating by-law 412. Payment of taxes in advance 374. Levy on net taxable value 413. Persons liable for taxes 374.1 Interpretation 413A. Taxes to be first charge against lands 374.2 Variable property tax rate system 414. Constitute special lien 374.3 Limits on variable tax rate system 415. Interest 374.4 Assessment averaging and phasing 416. Payment by instalments in by-laws 417. Application of term payments 374.5 Limits on averaging and phasing 418. Memo, showing taxes to be had in by-laws 419. Taxes deemed legal after one year 375. Pending appeals, how dealt with 420. Tax roll prima facie proof of debt 376. Rebates or penalties 421. Apportionment where boundaries 376.1 Preparation and revision of changed residential flat rate tax roll Collection of School Taxes 377 - 378. [Repealed] 421 A. Agent of school board Appeals from Real-Property 421B. Council to pay school taxes Court of Revision 421C. Taxes in arrear 379 - 395. [Repealed] Sale of Real Property for 395A. Assessment for golf courses Delinquent Taxes Thereon Taxation of Real Property 422. Tax sale each year 396. Liability to taxation 423. Status of Crown lands Crown exempt; tenant or occupier 424. Notice of sale liable, etc. 425. Collector to be auctioneer
8 Dec. 31, 1996 Vancouver Charter Contents (Section Headings)
426. Withdrawal of parcel from sale PART XXII 427. Price to be paid Police Magistrates 428. Reoffer of parcel 474.1 Interpretation 429. Amount to be paid at sale 475 - 480. [Repealed] 430. Balance within a year 481. Enforcement of laws 431. Certificate of purchase 482. Ticket offences 432. Its contents 482.1 Information and summons by ticket 433. Copy of sections included 482.2 Failure to respond to ticket 434. Mode of transfer 482.3 Regulations 435. Notice by Collector to interested 483. Disposal of property by police parties 484. Burial of unclaimed body 436. Status of parcel so sold 484A - 484B. [Repealed] 437. Mode of redemption 438. Right to complain PART XXIII 439. Demand to be sent 440. Purchaser to be registered Parks 441. Forfeiture if he defaults 485. Park Board established 442. Status of parcel upon such default 486. Elections for Park Board 443. Status of former owner after sale 487. [Repealed] 444. Status of sale set aside 488. Parks in care of Board. 445. Manifest errors 489. Powers of Board . 446. Protection against actions As to buildings, etc. 447. Notice vitiates claim 489A. Power of Board to perform works 448. City may acquire possession of 489B. Payments to members of the Board parcel sold 490. Board’s power of leasing, etc. 449. Person redeeming may pay by 491. Board’s power to make by-laws instalments Excluding animals, etc. 450. Sale by city of parcels acquired at 491 A. Meetings of the Board sale 492. Board’s estimates to be submitted 451. Mode of recovering parcel each year from defaulting owner 493. Adopted estimates not to be exceeded 452. Surplus in hands of Collector 494. Enforcement of by-laws 453. Action may be taken 495. Special meetings of the Board 454. Period of limitation 496. Certain employees to have special powers PART XXI 497. Power to make agreements with Business Improvement Areas other municipalities 497A. Board’s jurisdiction outside city 455. Business improvement areas 456. Grants of money PART XXIV 457. Application and recovery of money Local Improvements 458. Alteration of boundaries 459. Taxes 498. Interpretation 460. Advances 499. Mailing of notices - 461. Part XX to apply 500. Local improvement projects 462. Expiry of by-law 501. Property-owner’s share of the cost 463. Regulations 502. City’s share of the cost 464- 474. [Repealed] 503. Crown, how dealt with
Dec. 31, 1996 9 Vancouver Charter Contents (Section Headings)
504. Property otherwise exempt may PART XXV be taxed Quashing By-laws and 505. Borrowing for project Resolutions 506. How projects promoted 524. Illegal by-law or resolution may By petition of owners be quashed On initiative of Council 525. Notice and security On special grounds 526. Service on city within one month 506A. Collective parking project 527. Particulars to be given 506B. Maintenance of local improvements 528. [Repealed] 507. Provision where pavement exceeds 529. Applies to corrupt practices, etc. certain width 530. Procedure on application alleging Provision for taking vote corrupt practices, etc. 508. By-law making regulations 509. How joint owners dealt with PART XXVI .510. Special assessment roll Compensation for Real Property Its contents Expropriated or Injured Notice to be mailed Court of Revision 531. [Repealed] 511. Its powers and duties Expropriation 512. Provision for additions to roll 532. Power to expropriate 513. Further appeal 533 - 537. [Repealed] 513.1 Complaints about averaging and 538. Additional area may be acquired phasing in by-laws 539-540. [Repealed] 514. Roll not to be questioned 540.1 Power to expropriate personal 515. Costs to be apportioned property 516. Local improvement by-law 540A. [Repealed] 517. Amounts to go in tax roll 518. By-law to be repassed where Injurious Affection held invalid 541. Compensation for injurious affection Effect of new by-law 542. Power to enter other property Special powers of Council . 543. Claim to be filed 519. Project may be reduced in scope 544. How damage ascertained 520. Part V to apply 521. Effect on city’s debt General 522. Shortage, how dealt with 545 - 550. [Repealed] '523. Excess, how dealt with 551. Change of street grade 523A. Resolution cancelling local 552. Traffic powers improvement or work 553 - 558. [Repealed] 523B. Special rates levy 523C. Council may defer levies PART XXVII 523C. 1 Council may assume levies Planning and Development PART XXIV-A 559. Interpretation 560. Appointment of Director of Planning Development Cost Levies 560A. Power of entry to inspect 523D. Development cost levies 561. Development plans
10 Dec. 31. 19% Vancouver Charter Contents (Section Headings)
562. Council powers respecting official PART XXVIII development plan Heritage Conservation 562.1 Planning of school facilities Division (J) - General 563. Undertakings, official development plan 575. Definitions 564. Power to acquire lands in addition 576. Limits on the use of this Part to those essential to project. 577. Limit on compensation Power to purchase or expropriate 578. By-law and permit procedures 579. Delegation of Council authority Expenses 580. Ombudsman review of Council 564A. [Repealed] decisions Zoning Division (2) - Heritage Review 565. Zoning by-law 581. Heritage commissions 565.1 Zoning for amenities and affordable 582. Heritage register housing 583. Heritage inspection may be ordered 565.2 Housing agreements for affordable 584. Entry authority for a heritage and special needs housing inspection 585. Impact assessment may be required 565A. By-laws 586. Requests for Provincial protection 565B. Occupancy of suite defined 565C. Conditional approval use of suite Division (3) - Temporary Protection 565D. Occupancy of phase out suite 587. Withholding of approvals 565E. Expiry of a development permit 588. Withholding of demolition permits limited in time pending other approvals 565F. Landscaping requirements 589. Orders for temporary protection 566. Amendment or repeal of zoning 590. Heritage control periods for by-law temporary protection 567. By-laws governing restrictions as 591. Temporary protection to height of buildings, size of Division (4) - Continuing Protection courts and yards 592. Heritage revitalization agreements 568. Non-conforming buildings 593. Heritage designation protection Fire damage to. non-conforming 594. Heritage designation procedure building 595. Compensation for heritage 569. Property injuriously affected designation 570. Withholding of permit pending 595A. Transfer of increased density adoption of zoning by-law provided as compensation for 571. Enforcement of by-law heritage designation 571 A. Removal of non-conforming signs 596. Heritage site maintenance standards
Board of Variance Division (5) - Heritage Alteration Permits 597. Heritage alteration permits 572. Establishment and membership of 598. Requirements and conditions in a Board of Variance heritage alteration permit 573. Appeals to Board of Variance Division (6) - Notices under this Part Advisory Planning Commission 599. Giving notice to owners and 574. Personnel and powers of Commission occupiers
Dec. 31, 1996 11 Vancouver Charter Contents (Section Headings)
600. Posting notice on protected heritage Division (7) - Remedies and Offences property 604. Civil remedies in relation to heritage 601. Notice on land titles property 602. Notice to minister responsible for the 605. Notice of contravention may be filed Heritage Conservation Act in land title office 603. Regulations regarding notices 606. Offences and penalties
12 Dec. 31. 1996 1953 • Vancouver Charter Chap. 55 Section 1
VANCOUVER CHARTER S.B.C. 1953, CHAPTER 55
Preamble WHEREAS by the Vancouver Enabling Act, 1949, the City of Vancouver was authorized, without conforming with the requirements of the Standing Orders relating to Private Bills as to notices or fees, to apply to the Legislature for a Private Bill, to be known as the Vancouver Charter, to supersede and replace the said Vancouver Incorporation Act, 1921, and all amendments thereto: And whereas a petition has been presented by the City of Vancouver praying accordingly: And whereas it is expedient to grant the prayer of the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:—
Short title 1. This Act may be cited as the Vancouver Charter.
1953-55-1.
Interpretation 2. In this Act, and in any by-law passed pursuant to this Act, unless the context otherwise requires, “assessed value” means assessed value as determined under the Assessment Act; “assessor” means an assessor appointed under the Assessment Authority of British Columbia Act; “city” means the City of Vancouver; “conservation” includes any activity undertaken to protect, preserve or enhance the heritage value or heritage character of heritage property or an area; “Council” means the Council of the city; “court” means the Supreme Court; “Crown lands” means real property belonging to Canada or the Province, and includes real property held in trust for a body or tribe of Indians; “elector” means a resident elector or a non-resident property elector; “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 person or body 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;
Dec. 31. 1996 1 Chap. 55 Vancouver Charter 1-2Eliz. 2 Section 2
“improvements” for the purpose of levying rates means improvements as defined in the Assessment Act; “improvements” for purposes other than levying of rates includes buildings, structures, machinery and other things so affixed to the land as to make them in law a part of the land; “Judge” means a Judge of the Supreme Court of British Columbia; “land” does not include improvements; “land titles office” means the office of the Vancouver Land Titles District, and “registered”, when used in respect of real property, means registered in such office; “non-resident property elector” means a person who at the relevant time meets the qualifications under section 24; “occupier”, when used with respect to Crown lands, includes tenant and holder of an agreement to purchase; “other administrative body” means an unincorporated body other than the Council, by whom, pursuant to this or any other Act, powers of the city are exercisable, and includes the Board of Parks and Public Recreation, the Board of Police Commissioners, and the Library Board; “owner under agreement” means a person who is registered as the last holder, either directly or by assignment, of an agreement for the sale and purchase of real property; “parcel” means any lot, block, or other area in which real property is held or into which real property is subdivided, but does not include a street, or any portion thereof; “protected heritage property” means property that is (a) protected under section 6 (2) of the Heritage Conservation Act, or (b) designated as protected under section 593; “real property” includes land and every improvement thereon; “regulating” includes authorizing, controlling, limiting, inspecting, restricting, and prohibiting; “resident elector” means a person who, at the relevant time, meets the qualifications under section 23; “street” includes public road, highway, bridge, viaduct, lane, and sidewalk, and any other way normally open to the use of the public, but does not include a private right-of-way on private property. 1953-55-2; 1956-70-2; 1958-72-2; 1977-30-145, proclaimed effective September 30, 1977; 1978-25-333, 334, proclaimed effective October 31, 1979; 1985-20-40, effective October 1, 1985 for some purposes and in full effect January 1, 1987 (B.C. Reg. 291/85); 1989-40-218; 1993-54-60; 1994-43-83; 1994-52-132.
2 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 2.1
Application of specified municipal enactments 2.1 (1) Sections 25, 237, 514 to 523, 617 to 619, 683, 766 to 821,847, Division (4.1) of Part 28, Part 28.1 and sections 932.1 (3) and 988 (6) of the Municipal Act apply to the city. (2) Despite anything in the Municipal Act to the contrary, the only provisions of that Act that apply to the city are the provisions referred to in subsection (1). (3) The Municipalities Enabling and Validating Act and the Municipalities Enabling and Validating Act (No. 2) apply to the city.
1994-43-84; 1995-9-16.
Provision for publication in newspaper 3. (1) Whenever in this Act, or in any by-law passed pursuant to this Act, it is provided that any notice or other document is to be published in a stated number of issues of a newspaper, the required publication need not appear in issues of the same newspaper but may appear in two or more newspapers so long as it is published in the stated number of issues. (2) Whenever in this Act or in any by-law passed pursuant to this Act it is provided that any notice or other document is required to be published in a newspaper or any notice is required to be given by mail and if, in the opinion of Council, conditions prevailing at the time make it impossible to comply with such require ments of any of them, Council shall have power to determine an alternative procedure, and any notice given in accordance with that procedure shall for all purposes be an effective and valid notice.
1953-55-3; 1972-67-2.
Deputies may be appointed
4. (1) The Council may appoint one or more persons to act as deputy of the Director of Finance, City Clerk or other employee of the city. (2) If the person for whom deputies are appointed is absent or ceases to hold office, the deputies of that person shall exercise and discharge the powers, functions and duties of the person during the absence, or, in the case of the person ceasing to hold office, until the Council otherwise determines, and in the meantime all things required or authorized to be done by that person may be lawfully done by such deputies.
1992-57-2.
Procedure if no deputy
5. In the absence from his duties of any employee for whom no deputy has been appointed, or if such employee dies or otherwise ceases to hold office, the Mayor may in writing appoint some person to act in his stead pending action by the Council.
1953-55-5.
Dec. 31, 1996 3 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 6
The city a corporation 6. The inhabitants of the area, the boundaries of which are described in this section, shall continue to be a corporation and a municipality with the name of City of Vancouver:
Boundaries of the city Commencing at a point in the First Narrows of Burrard Inlet, which point is eight hundred (800) feet distant northerly, measured along a line astronomically north from the light in Prospect Point Lighthouse; thence south-easterly in a straight line to a point in Burrard Inlet on the production northerly of the boundary between District Lot Five hundred and forty-one (541) and District Lot One hundred and eighty-five (185), which point is situate at the intersection of the said production with the straight line from the light in Brockton Point Lighthouse to a point in the Second Narrows of Burrard Inlet distant five hundred (500) feet northerly, measured along the production northerly of the easterly boundary of the Town of Hastings from a boundary survey monument set at or near the high-water mark for the southerly shore of Burrard Inlet and on the said easterly boundary of the Town of Hastings; thence easterly along the aforedescribed straight line to the aforesaid point on the production northerly of the easterly boundary of the Town of Hastings; thence southerly, following in succession along the said production northerly of the easterly boundary of the Town of Hastings, the said easterly boundary of the Town of Hastings, the easterly boundary of District Lot Thirty-six (36), the easterly boundary of District Lot Forty-nine (49), the easterly boundary of District Lot Three hundred and thirty-nine (339), the easterly boundary of District Lot Three hundred and thirty-five (335), the easterly boundary of District Lot Three hundred and thirty-one (331), and along the production southerly of the said easterly boundary of District Lot Three hundred and thirty-one (331) to intersection of the same with a line drawn parallel to and two hundred (200) feet perpendicularly distant southerly from low-water mark of the north bank of the North Arm of Fraser River; thence in a general westerly direction, following the said line drawn parallel to and two hundred (200) feet perpendicularly distant southerly from low-water mark of the north bank of the North Arm of Fraser River to intersection of the same with the production southerly of the westerly boundary of District Lot Three hundred and eleven (311); thence southerly along the said westerly boundary of District Lot Three hundred and eleven (311) thus produced to the centre line of the North Arm of Fraser River; thence in a general westerly direction, following the said centre line and continuing along the centre line of the channel of navigation of the North Fork of the North Arm of Fraser River, passing to the north of Sea Island, Richmond Island, Christopher Wood’s Island (D.L. 309), Iona Island (D.L. 236), and to the south of Cowan Island (D.L. 307), Stewart Island (D.L. 308), and Doering Island (D.L. 306), to intersection of the said centre line of the channel of navigation with the production southerly of the easterly boundary of Musqueam Indian Reserve Number Two (2); thence northerly along the said easterly boundary thus produced to intersection of the same with a line drawn parallel to and five hundred (500) feet perpendicularly distant southerly from the south-westerly boundary of the said Indian reserve; thence in a general north-westerly direction, following the said line drawn parallel to and five hundred (500) feet perpendicularly distant southerly from the south-westerly boundary of the said Indian reserve to the intersection of the same with the production southerly of the most westerly boundary of the said Indian reserve; thence northerly along the said westerly boundary thus produced and along the said westerly boundary to the north-westerly comer of the said Indian reserve; thence easterly, northerly, and easterly,
4 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 6
following in succession along the northerly boundary of the said Indian reserve to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundaiy of District Lot Three hundred and twenty (320); thence northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the said westerly boundary, of District Lot Three hundred and twenty (320), and continuing northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Two thousand and twenty-seven (2027) to intersection of the same with the line perpendicular to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) from the south-west comer of Block Eighteen (18) therein; thence westerly at right angles to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) a distance of four hundred and ten (410) feet; thence northerly, parallel to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) a distance of six hundred and sixty-seven and seven-tenths (667.7) feet, more or less; thence easterly along the arc of a circular curve to the right, having a radius of curvature of one thousand four hundred and fifty (1,450) feet, and arc distance of three hundred and eighty-one and four-tenths (381.4) feet, more or less, to a point of tangency to and on the production westerly of the line perpendicular to the aforesaid westerly boundary of District Lot Two thousand and twenty-seven (2027) from the north-west comer of Block Nineteen (19) therein, which point of tangency is situate sixty-six (66) feet distant westerly, measured along the said perpendicular line from the said comer of Block Nineteen (19); thence easterly along the aforesaid perpen dicular line to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of District Lot Two thousand and twenty-seven (2027); thence northerly and parallel to the said westerly boundary of District Lot Two thousand and twenty-seven (2027) to intersection with the production easterly of a line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of Block Two hundred and ninety-two (292), District Lot One hundred and forty (140); thence westerly following in the said production easterly of a line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of Block Two hundred and ninety-two (292), and continuing westerly in the said line drawn parallel to and thirty (30) feet perpendicularly distant south from the southerly boundary of said Block Two hundred and ninety-two (292) to an intersection with the southerly production of a radius passing through the beginning of a curve to the right in the said southerly boundary of Block Two hundred and ninety-two (292); thence westerly and north-westerly in the arc of a curve to the right of radius one hundred and eighty-nine and seven-tenths (189.7) feet concentric with the said curve to the right in the southerly boundary of Block Two hundred and ninety-two (292) to an intersection with the south-westerly production of a radius passing the end of said curve to the right in the southerly boundary of Block Two hundred and ninety-two (292); thence north-westerly in a straight line drawn parallel to and thirty (30) feet perpendicularly distant south-westerly from the said southerly boundary of Block Two hundred and ninety-two (292) to an intersection with the southerly production of a line drawn parallel to and seventy (70) feet perpendicularly distant westerly from the westerly boundary of said Block Two hundred and ninety-two (292); thence northerly in the said southerly production of a line drawn parallel to and seventy (70) feet perpendicularly distant westerly from the westerly boundary of Block Two hundred and ninety-two (292) and continuing northerly in the said line to an intersection with the westerly production of a line drawn parallel to and fifty (50) feet perpendicularly distant north of the
Dec. 31. 1996 5 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 6 northerly boundary of said Block Two hundred and ninety-two (292); thence easterly in the said westerly production of a line drawn parallel to and fifty (50) feet perpendicularly distant north of the northerly boundary of Block Two hundred and ninety-two (292) and continuing easterly in the said line to an intersection with the northerly production of a radius passing through a beginning of curve to the right in the said northerly boundary of Block Two hundred and ninety-two (292); thence easterly in the arc of a curve to the right of radius nine hundred and fifty-five and thirty-seven one-hundredths (955.37) feet concentric with the said curve to the right in the northerly boundary of Block Two hundred and ninety-two (292) to an intersection with the northerly production of a radius passing through the end of said curve to the right in the northerly boundary of Block Two hundred and ninety-two (292); thence easterly in a line drawn parallel to and fifty (50) feet perpendicularly distant north of the said northerly boundary of Block Two hundred and ninety-two (292) to intersection with the northerly production of a line drawn parallel to and one hundred (100) feet perpendicularly distant west of the westerly boundary of Lot C in said Block Two hundred and ninety-two (292); thence northerly in the said northerly production of a line drawn parallel to and one hundred (100) feet perpendicularly distant west of the westerly boundary of Lot C in Block Two hundred and ninety-two (292) a distance of fifty (50) feet; thence easterly in a line drawn parallel to and one hundred (100) feet perpendicularly north of the said northerly boundary of Block Two hundred and ninety-two (292) to intersection with the northerly production of the said westerly boundary of Lot C; thence southerly in the said northerly production of the westerly boundary of Lot C to a point in the said northerly boundary of Block Two hundred and ninety-two (292); thence easterly in the said northerly boundary of Block Two hundred and ninety-two (292) and the easterly production thereof to a point in the said westerly boundary of District Lot Two thousand and twenty-seven (2027); thence northerly in a straight line to the north-west comer of the said District Lot Two thousand and twenty-seven (2027); thence northerly in a straight line to a point on the centre line of Eighteenth Avenue produced westerly, which point is situate thirty-three (33) feet distant westerly, measured along the said centre line thus produced from its inter section with the westerly boundary of Block Forty-four (44) in District Lot One hundred and thirty-nine (139); thence westerly, parallel to the centre line of Sixteenth Avenue (which centre line shall be deemed to be, for the purpose of this description, that line drawn parallel to and sixty-six (66) feet perpendicularly distant southerly from the northern limit of Sixteenth Avenue) to intersection of the same with the centre line of Discovery Street; thence northerly along the centre line of Discovery Street to intersection of the same with the said centre line of Sixteenth Avenue; thence westerly along the centre line of Sixteenth Avenue to intersection of the same with a line drawn parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundary of Block One hundred and sixty (160) in District Lot Five hundred and forty (540); thence northerly, parallel to and thirty-three (33) feet perpendicularly distant westerly from the westerly boundaries, in succession, of Blocks One hundred and sixty (160), One hundred and fifty-nine (159), One hundred and fifty-two (152), One hundred and fifty-one (151), and One hundred and forty-four (144) respectively in District Lot Five hundred and forty (540) to intersection of the same with the centre line of Sixth Avenue; thence westerly along the centre line of Sixth Avenue, being along a curve to the left, concentric with and radially distant forty (40) feet southerly from the southerly boundary of Block Seven (7) in District Lot One hundred and forty (140), to intersection of the same with the continuation southerly of the curve, concentric with and radially distant thirty-three (33) feet westerly from the westerly
6 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 7 boundary of the said Block Seven (7) in District Lot One hundred and forty (140); thence northerly along the said curve, concentric with and radially distant thirty-three (33) feet westerly from the said westerly boundary of Block Seven (7) in District Lot One hundred and forty (140), and along the continuation northerly thereof, to intersection of the same with the centre line of the one-hundred-and-twenty-foot street lying between Blocks Six (6) and Seven (7) in District Lot One hundred and forty (140) (which street is now known as “Fourth Avenue”); thence westerly along the centre line of the said one-hundred-and-twenty-foot street to intersection of the same with the production southerly of the westerly boundary of Block Five (5) in District Lot One hundred and forty (140); thence northerly along the said production, and continuing northerly along the westerly boundaries, in succession, of Blocks Five (5), Three (3), and One (1) respectively in District Lot One hundred and forty (140) to the north-west comer of the said Block One (1); thence continuing northerly along the production northerly of the said westerly boundary of Block One (1) in District Lot One hundred and forty (140) a distance of forty (40) feet, more or less, to a boundary survey monument set at or near the high-water mark of Burrard Inlet; thence along a line bearing astronomically north, thirteen (13) degrees east, a distance of two thousand (2,000) feet; thence easterly in a straight line to a point in English Bay of Burrard Inlet, which point is situate astronomically north and three thousand (3,000) feet distant from a boundary survey monument set on the boundary between District Lot Five hundred and twenty-six (526) and District Lot One hundred and ninety-two (192) and set at a distance southerly from high-water mark of English Bay of approximately fifty (50) feet; thence astronomically north to intersection with a line drawn astronomically west through the afore- described point of commencement; thence astronomically east to the said point of commencement; each and every of the district lots herein mentioned being more particularly described as being in Group One (1), New Westminster District of the Province of British Columbia.
1953-55-6; 1970-54-2; 1972-67-3.
Part I — Electors and Elections
Division (1) — Interpretation Definitions 7. In this Part “additional advance voting opportunity” means a voting opportunity under section 70; “additional general voting opportunity” means a voting opportunity under sec tion 68; “advance voting opportunity” means a required advance voting opportunity or an additional advance voting opportunity; “candidate representative” means an official agent or a scrutineer appointed under section 53; “chief election officer” means the election official referred to in section 14(1);
Dec. 31, 1996 7 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 7
“election” means an election for Mayor or an election for the number of persons required to fill the office of Councillor; “election official” means the City Clerk, if this person is the chief election officer, or a person appointed under section 14; “election proceedings” means nomination, voting or counting proceedings under this Part; “elector organization” means an organization that endorses a candidate under section 51; “financial agent” means a financial agent under section 57 of a candidate or elector organization within the meaning of Division (8); “general voting” means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 20; “general voting day” means the day referred to in section 9 (2) or set under section 10(5), 11 (1) or (3) or 114(5); “judicial recount” means a judicial recount under Division (14); “local government” means, (a) in relation to a municipality, including the city, the council of the munici pality, and (b) in relation to a regional district, the board of the regional district; “neighbourhood constituency” means a neighbourhood constituency established under section 138; “nomination documents” means the documents required by section 44 (1) and (2); “nomination period” means the period referred to in section 41 or, if applicable, as extended by an adjournment under section 20; “presiding election official” means, in relation to election proceedings, the chief election officer or the election official appointed under section 14 (3) (b) to act as presiding election official for those proceedings; “required advance voting opportunity” means a voting opportunity under section 69; “required general voting opportunity” means a voting opportunity on general voting day at a voting place under section 67; “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 18; “special voting opportunity” means a voting opportunity under section 71; “voting compartment” means an area described in section 85 (3);
8 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 8
“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 66 for some or all electors to vote in an election; “voting place” means a place where voting proceedings at general voting or an advance voting opportunity are conducted.
1993-54-61;1994-52-133. Time not extended for voting days 8. 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.
1993-54-61. This Act applies 8.1 To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, Parts I and II of this Act apply despite that Act.
1995-29-5.
Division (2) — Arrangements for Elections General local election every 3 years 9. (1) Elections for the Mayor and all Councillors, to be known collectively as a general local election, must be held in the year 1993 and in every 3rd year after that. (2) General voting day for a general local election must be the 3rd Saturday of November in the year of the election.
1993-54-61. By-elections 10. (1) Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in the Council 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 person holding the office resigns under section 142; (c) the office is declared vacant on an application under section 115, or a candidate affected by such an application renounces claim to the office under subsection (9) of that section; (d) the office becomes vacant under section 141; (e) the office is declared vacant on an application under section 142.1; (f) the office becomes vacant by a resolution under section 142.2 or is declared vacant on an application under subsection (4) of that section.
Dec. 31. 1996 9 Chap. 55 Vancouver Charter 1-2Eliz. 2 Section 11
(2) As an exception to subsection (1), the Council 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 a further exception to subsection (1), 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 is to be held under this section, the Council 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 Council is reduced to less than a quorum, the Minister of Municipal Affairs may either (a) order that the remaining members of the Council 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 139 (1) (b) or (2) (b).
1993-54-61.
Minister’s order for election to be conducted 11. (1) If an election is not held or a vacant office is not otherwise filled as required by or under this Act, the Minister of Municipal Affairs 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 City Clerk to arrange for the election to be conducted. (2) If considered necessary in relation to an election under subsection (1), the Minister of Municipal Affairs may make orders to provide for the conduct of the election and for the governing of the city until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or by-laws under this Act.
10 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 12
(3) The general voting day for an election under this section must be on a Saturday set by the Minister of Municipal Affairs or by the chief election officer in accordance with the directions of the minister.
1993-54-61.
Election by-laws 12. (1) Unless otherwise provided, in order for a by-law under this Part or under section 319 (d) or (e), 491 (c) or 571A to apply in relation to a general local election, the by-law 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 by-law referred to in subsection (1) to apply in relation to an election under section 10, the by-law must be adopted at least 6 weeks before the first day of the nomination period for the election.
1993-54-61.
Costs of elections 13. (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the city unless otherwise agreed under this section. (2) The Council may enter into an agreement with another local government or a board of school trustees under which one party to the agreement conducts an election for the other or in conjunction with an election of the other and, in relation to this, the agreement may provide for the sharing of costs of the elections. (3) If the Council is a party to an agreement under subsection (2), it may, by by-law, provide that the by-laws 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 by-laws in relation to it having the effect of creating differences in election proceedings between different parts of the juris diction for which an election is held. (6) Without limiting subsection (4), an agreement referred to in that subsection may allow the Council 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 city. (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 city, an advance voting opportunity must be open to all electors of the city on the same day.
Dec. 31. 1996 11 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 14
(8) So long as any required advance voting opportunities are provided, no by-law 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 appro priate, including in the notice the date, place and voting hours for the voting opportunity.
1993-54-61; 1994-52-134.
Appointment of election officials 14. (1) For the purposes of conducting an election, the City Clerk is to be the chief election officer unless the Council appoints another person to be the chief election officer. (2) The chief election officer must appoint election officials required for the admin istration and conduct of the election. (3) Without limiting the generality of subsection (2), the chief election officer must appoint the following: (a) a deputy chief election officer; (b) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official; (c) election officials to act as alternate presiding election officials for election proceedings; (d) election officials required to assist the presiding election official at election proceedings. (4) The chief election officer may delegate the authority under subsection (3) (d) 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,
12 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 15
(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 85, and (d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.
1993-54-61.
Chief election officer duties and powers 15. (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 by-laws 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 respon sible; (b) take solemn declarations where these are required by this Part; (c) as an exception to the restrictions on where an elector may vote, authorize an election official to vote at the voting place at which the official is working rather than at the voting place for the voting division in which the election official is entitled to vote; (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 of Municipal Affairs for an order under section 127.
1993-54-61.
Presiding election official duties and powers 16. (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 by-laws under it are being complied with, and
Dec. 31, 1996 13 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 17
(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 where these are required by this Part in relation to the election proceedings for which the presiding election official is respon sible, and (b) if section 125 (4) (c) or (d) is being contravened, enter on the prop'Tty 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.
1993-54-61.
Division (3) — Election Proceedings Generally
Public notices 17. (1) If this Part requires notice to be given in accordance with this section, the notice must, if possible, be given within the applicable time period by publication in a newspaper or other local periodical or publication that contains items of news and advertising and is distributed at least weekly in the area that is affected by the matter.
(2) If publication under subsection (1) is not possible, the notice must be given to the public by alternative means within the same time period.
(3) Notices to which this section applies may be combined as long as the require ments of all applicable sections are met.
1993-54-61.
Solemn declarations 18. (1) Where 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 128 applies, the declaration must be made in a form prescribed by the regulation.
1993-54-61.
Keeping order at election proceedings 19. (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.
14 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 20
(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 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 by-law 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 by-law 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.
1993-54-61.
Adjournment of election proceedings 20. (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.
Dec. 31, 1996 15 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 21
(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.
1993-54-61.
Exceptional assistance in election proceedings 21. (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.
1993-54-61.
Division (4) — Electors
Who may vote at an election 22. (1) In order to vote at an election, a person (a) must meet the requirements of section 23 (1) (a) to (e) or 24 (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 city.
16 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 23
(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) as it applies to elections or voting on any other matter under this or any other Act, or (ii) under Division (17) of Part 2 of the Municipal Act as it applies to elections or voting on any other matter under that or any other Act; (d) a person who has contravened section 123 (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.
1993-54-61:1994-52-135.
Resident electors 23. (1) In order to be registered as a resident elector of the city, 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, 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 25, for at least 6 months immediately before that day; (d) the person must have been a resident of the city, as determined in accordance with section 25, 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 the boundaries of the city 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 25, of the area that is included in the city.
1993-54-61.
Non-resident property electors 24. (1) In order to be registered as a non-resident property elector of the city, 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 city; (b) the person must be an individual who is, or who will be on the general voting day, age 18 or older;
Dec. .11. 1996 17 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 24
(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 25, for at least 6 months immediately before that day; (e) the person must have been a registered owner of real property in the city for at least 30 days immediately before that day ; (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 the city. (3) If the boundaries of the city 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 is included in the city. (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 City Clerk. (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
18 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 25
(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.
1993-54-61;1994-52-136.
Rules for determining residence 25. . (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.
1993-54-61.
When a person may register as an elector 26. (1) A person may register as an elector (a) at the time of voting in accordance with section 30, or (b) by advance registration in accordance with section 29, if this is available. (2) If a by-law under section 32 is in effect, a person entitled to register as a resident elector of the city 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 by-law, the register of resident electors for the city.
1993-54-61.
Voting day registration only 27. (1) The Council may, by by-law, limit registration of electors to registration at the time of voting. (2) A by-law under subsection (1) must be approved by the Minister of Municipal Affairs.
1993-54-61.
Dec. 31, 1996 19 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 28
Application for registration 28. (1) An application for registration as an elector must include the following infor mation: (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 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 social insurance number of the applicant; (c) a declaration that the applicant meets the requirements of section 22 (1) (a) and (b) to be registered as an elector; (d) any other information required by regulation under section 128 to be included. (2) An application must be signed by the applicant and by a witness to the signature of the applicant and must include the residential address of the witness if this is not a person authorized by the chief election officer or by the City Clerk. (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 25 is sufficient if, in the opinion of the person authorized to receive the application, if indicates the location for the purpose of determining whether the applicant is resident in the city. (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 24 (6).
1993-54-61;1994-52-137.
How to register in advance 29. (1) If advance registration is available 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 28
20 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 30
(a) to the office of the City Clerk at the City Hall during its regular office hours, (b) at a special registration opportunity under subsection (6), or (c) at other times and places authorized by the City Clerk. (2) If no by-law under section 27 applies, 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 32 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 114. (5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the City Clerk must give public notice of the close of advance registration in accordance with section 17. (6) For the purpose of encouraging persons to register as electors, (a) the Council may direct the City Clerk to arrange an enumeration of the city, and (b) the City Clerk may arrange other special opportunities for persons to apply to register as electors. (7) The City Clerk must ensure that application forms are available from the City Hall during its regular office hours at any time when advance registration as an elector is permitted.
1993-54-61; 1994-52-138.
How to register at the time of voting 30. (1) A person may register as an elector immediately before voting by (a) delivering an application form in accordance with section 28 to the election official responsible at the place where the person is voting or providing to that official the information required under that section in the manner established by the chief election officer, and (b) in the case of a person applying to register as a non-resident property elector, delivering a certificate under section 31 to the election official responsible at the place where the person is voting.
(2) 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.
1993-54-61; 1994-52-139.
Dec. 31. 1996 21 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 31
Non-resident property elector certificate
31. (1) In order to obtain a certificate to register as a non-resident property elector under section 30, a person must apply for the certificate at least 14 days before general voting day. (2) The application must be made at the City Hall, to the City Clerk or to another official of the city authorized by the City Clerk. (3) The City Clerk or other authorized official must issue a certificate if the person proposing to register 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 24 (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 City Clerk must maintain a record of all certificates issued under this section.
1993-54-61; 1994-52-140.
Automatic registration by inclusion on Provincial list of voters 32. (1) Instead of maintaining an ongoing register of resident electors, the Council may, by by-law, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors of the city. (2) A by-law under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before any election to which the by-law applies. (3) If a by-law under subsection (1) applies, (a) any previous register of resident electors for the city 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 city is deemed to be registered as such an elector, and (c) the city may have, but is not required to have, advance registration under section 29 for resident electors.
1993-54-61.
22 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 33
Effect of registration 33. (1) Unless a by-law under section 27 applies or all or the applicable part of the register of electors is cancelled, a person registered as an elector continues to be an elector as long as the person meets the requirements for registration. (2) If a by-law under section 27 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.
1993-54-61.
Register of electors 34. (1) Subject to section 32, a register of electors must be maintained if advance regis tration is available. (2) The City Clerk is the official responsible for maintaining the register of electors. (3) The register of electors must separately record resident electors and non-resident property electors 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 28. (4) For the purposes of maintaining the register of electors, the City Clerk (a) must add to the register persons who have registered in accordance with section 29 or 30, (b) may add to the register persons who meet the requirements of section 23 (1) to be registered as resident electors, 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 23 (1) to be registered as resident electors, as evidenced by registration under section 133, (d) despite section 33 (2), for a new register established after a by-law under section 27 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 while the by-law was in force, (e) if all or part of a register is cancelled under subsection (7) or section 32, may add to the new register persons whose names were included in the cancelled register, (f) on evidence satisfactory to the City Clerk, 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 the City Clerk, may amend the register to show correctly the information to be included in the register.
Dec. 31, 1996 23 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 35
(5) A person whose name is added to the register under subsection (4) (b), (c), (d) or (e) is deemed to have registered as an elector, as recorded in the register, and section 33 (1) applies to the registration. (6) The City Clerk may authorize a person to assist in the duties under this section and may authorize the person to exercise the City Clerk’s powers under this section. (7) The Council or the Minister of Municipal Affairs may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register. (8) For the purposes of subsection (3), the register of electors may contain only the residential address of each resident elector as required to be included on an application under section 28.
1993-54-61:1994-52-141.
List of registered electors 35. (1) If a register of electors is required under section 34, the City Clerk must prepare a list of registered electors 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 b6 available for public inspection at the City Hall during its regular office hours. (4) Before inspecting the list of registered electors, a person other than a city 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 City Clerk must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.
f (6) At least 6 but not more than 30 days before the first day the list of registered electors must be available under subsection (3), notice must be given in accordance with section 17 (a) that a copy of the list of registered electors will be available for public inspection at the City Hall during its regular office hours from the date specified in the notice until the close of general voting for the election, and (b) that an objection to the registration of a person as an elector may be made in accordance with section 36 before 4 p.m. on the 36th day before general voting day.
24 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 36
(7) The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under section 36 have been dealt with. (8) Each person who has been nominated in accordance with section 45 is entitled, for use by the person for the purposes of the election, to one copy of the list of registered electors without charge and, on payment to the city of the reasonable costs of reproduction, to 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. (10) The chief election officer may amend a list of registered electors that is to be provided under subsection (8), or that is to be available for public inspection, by omitting or obscuring the address of an elector or other information about an elector in order to protect the privacy or security of the elector. (11) If requested by an elector, the chief election officer must amend a list of registered electors as authorized by subsection (10) in relation to the information regarding the elector. 1993-54-61;1994-52-142. '
Objection to registration of an elector 36. (1) The registration of a person whose name appears on the list of registered electors under section 35 (3) may be objected to in accordance with this section. (2) An objection must be received by the City Clerk, or a person designated for this purpose by the City Clerk, 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. (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. (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 City Clerk must make a reasonable effort to notify the person against whom the objection is made of
Dec. .11. 1996 25 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 37
(a) the objection, (b) the name of the person who made the objection, and (c) the basis on which the objection is made.
1993-54-61.
Resolving objections 37. . (1) An objection under section 36 on the basis of death must be resolved by the City Clerk in accordance with the following: (a) the City Clerk must have a search made of the records under the Vital Statistics Act;. (b) if a record of death is found and the City Clerk is satisfied that it applies to the person whose registration is being objected to, the City Clerk'must remove the person’s name from the register of electors; (c) if a record of death is not found and the City Clerk is unable to contact the person, the City Clerk 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 City Clerk in accordance with the following: (a) if, after receiving notice of the objection, the person provides proof satis factory to the City Clerk 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, the City Clerk must remove the person’s name from the register of electors; (c) if the City Clerk is unable to contact the person, the City Clerk must require the person who made the objection to provide proof satisfactory to the City Clerk 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.
1993-54-61.
Division (5) — Qualifications for Office
Who may hold elected office 38. (1) A person is qualified to be nominated for office, and to be elected to and hold office, as a member of Council 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;
26 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 39
(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 25, 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 Council: (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 39 as an employee of.the city, except as authorized under that section; (c) a person who is prohibited from holding elected office (i) under Division (17) as it applies to elections or voting on any other matter under this or any other Act, or (ii) under Division (17) of Part 2 of the Municipal Act 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 63 or 141; (e) a person who is disqualified under any other enactment.
1993-54-61.
Disqualification of Council and regional district employees 39. (1) For the purposes of this section, “employee” means (a) an employee or salaried officer of the city or a regional district in which all or part of the city is located, or (b) a person who is within a class of persons deemed by regulation under section 128 to be employees of the city or a specified regional district in which all or part of the city is located, but does not include a person who is within a class of persons excepted by regulation under section 128.
(2) Unless the requirements of this section are met, an employee of the city is disqualified from being nominated for, being elected to or holding office (a) as a member of Council, or (b) as a member of the board of a regional district in which all or part of the city is located.
(3) Unless the requirements of this section are met, an employee of a regional district in which all or part of the city is located is disqualified from being nominated for, being elected to or holding office as a member of the Council.
. Dec. 31.1996 27 Chap. 55 Vancouver Charter 1 -2 Eliz. 2 Section 40
(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 141, (iv) if the person is not declared elected and no application for judicial recount is 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 140, 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 115. 1993-54-61;1995-38-139.
Only one elected office at a time on Council 40. (1) At any one time a person may not hold more than one elected office on Council. (2) At any one time a person may not be nominated for more than one elected office on Council.
28 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 41
(3) A current member of Council may not be nominated for an election under section 10 for another office on Council unless the person resigns from office in accordance with section 142 within 14 days after the day on which, as applicable, the Council directs the City Clerk to conduct the election or another person is appointed as chief election officer.
1993-54-61.
Division (6) — Nominations
Nomination period 41. (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.
1993-54-61.
Notice of nomination 42. (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 17.
(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 128.
(3) The notice may include any other information the chief election officer considers appropriate.
(4) The chief ejection officer may provide for additional notice of the call for nominations to be given to the public.
1993-54-61.
Who may make nominations 43. (1) A nomination for office as a member of Council must be made in writing in accordance with section 44 by 2 persons who are electors of the city. (2) In the case of a nomination for an office to be filled on a neighbourhood constit uency basis, a person making the nomination must also be qualified as a resident
Dec. 31, 1996 29 Chap. 55 Vancouver Charter 1 -2 Eliz. 2 Section 44
elector or a non-resident property elector in relation to the area of the neigh bourhood 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.
1993-54-61; 1994-52-143.
Nomination documents 44. (1) A nomination for office as a member of Council must be in written fprm 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 51 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 38 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 that he or she is qualified under section 38 to be nominated for the office, either made in advance or taken by the chief election officer at the time the nomination documents are delivered; (c) if the nomination requests under subsection (1) (d) that endorsement by an elector organization be shown on the ballot, (i) the solemn declaration under section 51, 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.
30 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 45
(4) The chief election officer may require a person nominated to provide a telephone number at which the person may be contacted.
1993-54-61:1994-52-144.
Nomination by delivery of nomination documents 45. (1) In order to make a nomination, the documents required by section 44 must be received before the end of the nomination period by the chief election officer of a person designated by the chief election officer for this purpose. (2) The obligation to ensure that nomination documents are received in accordance with this section rests with the person being nominated. (3) For the purposes of subsection (1), nomination documents (a) must be received at the office of the City Clerk 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. (6) Nomination documents delivered to the chief election officer must be available for public inspection at the City Hall during its regular office hours from the time of delivery. (7) Before inspecting nomination documents, a person other than a city 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 City Clerk must ensure that the statements referred to in subsection (7) are kept until after general voting day for the next general local election.
1993-54-61.
Declaration of candidates 46. (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 3rd day after the end of the nomination period.
Dec. 31. 1996 31 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 47
(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.
1993-54-61.
Challenge of nomination 47. (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 45 and 4 p.m. on the 4th day after the end of the nomination period. (3) A challenge may be made only by a person who is an elector or by another nominee. (4) A challenge may be made only 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 43 to 45; (c) that the usual name given under section 44 (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 or that the named organization is not an elector organization within the meaning of section 51 or is disqualified under section 64 from endorsing a candidate. (5) The document filed with the Provincial 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. (6) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the Provincial Court to give its decision on the matter within the time limit set by subsection (8). ' (7) 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 Provincial Court at the time set under subsection (6), 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. (8) Within 72 hours of the end of the period for commencing a challenge, the Provincial Court must hear and determine the matter and must issue an order, as applicable,
32 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 48
(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. (9) The Provincial 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 Provincial Court. (10) The decision of the Provincial Court on a challenge under this section is final and may not be appealed.
1993-54-61.
Declaration of election by voting or acclamation 48. (1) At 4 p.m. on the Monday following the last day for determining a challenge under section 47, 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.
1993-54-61.
Notice of election by voting 49. (1) At least 6 but not more than 30 days before general voting day for an election by voting under section 48 (2), the chief election officer must issue a notice of election in accordance with section 17. (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; (d) that voting divisions will be used in the election; (e) that electors residing in a 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;
Dec. 31, 1996 33 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 50
(f) either (i) the boundaries of each 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; (g) if applicable, information required to be included under section 138 (6) regarding neighbourhood constituencies. (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.
1993-54-61:1994-52-145.
Appointment if an insufficient number of candidates are elected 50. (1) If there are fewer candidates declared elected by acclamation under section 48 than there are to be elected, the Council 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 Council 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 Council after the declaration of the election results. (2) If the Council fails to make an appointment required by subsection (1), or if there is no quorum of Council able to make the appointment, the Minister of Municipal Affairs must appoint a person to each vacant office. (3) A person appointed under this section (a) must be qualified under section 38 to hold the office, and (b) as applicable, must reside in the city or neighbourhood constituency at the time of appointment. (4) A person appointed as a member of the Council under this section or any other provision of this Act has the same rights, duties and powers as a person elected as a member.
34 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 51
(5) An enactment that applies to an elected member of Council 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.
1993-54-61.
Division (7) — Candidates and Representatives
Ballot showing candidate endorsement by elector organization 51. (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 a membership of at least 50 electors throughout the period referred to in paragraph (a). (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 a membership of at least 50 electors throughout the period referred to in subparagraph (i), arid (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 organi zation 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 128. (4) The name, abbreviation or acronym referred to in subsection (3) (d) must not (a) include any matter that is prohibited by section 77 from being included on the ballot, or
Dec. 31, 1996 35 Chap. 55 Vancouver Charter 1-2Eliz. 2 Section 52
(b) be, in the opinion of the chief election officer, so similar to the name, abbre viation 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 (a) the elector organization withdraws its endorsement before 4 p.m. on the 29th day before general voting day 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) before 4 p.m. on the 29th day before general voting day, 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.
1993-54-61;1994-52-146.
Withdrawal, death or incapacity of candidate 52. (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 of Municipal Affairs. (3) For the purposes of subsection (2), the chief election officer must notify the Minister of Municipal Affairs of a request to withdraw as soon as reasonably possible after receiving it. (4) The chief election officer must notify the Minister of Municipal Affairs if, between the declaration of an election by voting under section 48 (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 of Municipal Affairs may order
36 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 53
(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.
1993-54-61.
Appointment of candidate representatives 53. (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.
1993-54-61.
Presence of candidate representatives at election proceedings 54. (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 53, (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.
Dec. 31. 1996 37
/ Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 55
(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.
1993-54-61.
Division (8) — Campaign Financing
Definitions 55. 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; r “candidate” means a person who (a) is a candidate in an election, (b) is nominated as a candidate in an election, or (c) accepts campaign contributions or incurs election expenses with the intention of becoming a candidate in an election; “election campaign” means an election campaign within the meaning of section 56; “election expense” means the value of property and services used in an election campaign by or oh behalf of a candidate or by or on behalf of an elector organi zation, (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 51; “property” means property or the use of property, as applicable.
1993-54-61.
Election campaign 56. (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; (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;
38 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 57
(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 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.
1993-54-61.
Appointment of financial agent 57. (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 may 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.
1993-54-61.
Restrictions on accepting contributions and incurring expenses 58. (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.
Dec. 31, 1996 39 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 59
(2) A person must not accept a contribution that the person has reason to believe is made in contravention of this Division.
1993-54-61.
Restrictions on making campaign contributions 59. (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 aggregate, the campaign contribu tions 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 the city and a regional district in which all or part of the city is located if, in aggregate, 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 contri bution that exceeds the limit established by subsection (1), the candidate or elector organization must give the campaign contribution to the city for the use of the city in the discretion of the Council.
1993-54-61.
Recording of campaign contributions and election expenses 60. (1) In respect of every campaign contribution other than one referred to in section 61 (2), the financial agent must record the following: (a) unless the campaign contribution is anonymous, the name of the person or unincorporated organization making the campaign contribution; (b) the date on which the campaign contribution was made; (c) the value of the campaign contribution in accordance with section 61. (2) The financial agent must maintain records of election expenses sufficient to meet the requirement of this Division. (3) The records required by this section must be retained by the financial agent, candidate or elector organization until after the next general local election following the election to which they relate.
1993-54-61.
40 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 61
Valuation of campaign contributions and election expenses 61. (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 organi zation 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.
1993-54-61.
Duty to file disclosure statements 62. (1) Within 120 days after general voting day for an election, the financial agent of each candidate and elector organization must file with the City Clerk 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) A disclosure statement must include the following in relation to the election campaign of the candidate or elector organization:
Dec. 31, 1996 41 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 63
(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 60 (1) (a) to (c); (c) for each anonymous campaign contribution that was given to the city under section 59 (2), the information referred to in section 60 (1) (b) and (c); (d) the total amount of election expenses; (e) if the total amount of election expenses is greater than $3 000, the information regarding election expenses required by regulation under section 128. (4) The disclosure statement must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 51 (3) (f) 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 campaign contributions received and election expenses used in relation to the election campaign of the candidate or elector organization, as applicable, and (b) no contravention of this Division occurred in relation to the election campaign of the candidate or elector organization, as applicable. (5) An updated disclosure statement must be filed in accordance with this section (a) if any of the information reported in a disclosure statement under this section changes, in which case the updated disclosure statement must be filed within 30 days after the change occurs, or (b) if the financial agent, candidate or elector organization becomes aware that the disclosure statement did not completely and accurately disclose the information required, in which case the updated disclosure statement must be filed within 30 days after the person or elector organization becomes aware of this. (6) For the purposes of this section, if a person makes more than one campaign contribution to a candidate or elector organization, the person shall be deemed to have made a single campaign contribution in an amount equal to the aggregate value of the actual campaign contributions.
1993-54-61.
Failure to file disclosure statement for candidate 63. (1) A candidate in an election is disqualified from being nominated for, elected to or holding office on a local government or board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election if (a) the financial agent of the candidate fails to file a disclosure statement under section 62 within 30 days after the applicable time limit established by that section, or
42 Dec. 31.1996 1953 Vancouver Charter Chap. 55 Section 64
(b) to the knowledge of the candidate, the financial agent files a disclosure statement in which the information required to be included is incorrect. (2) If a disclosure statement for a candidate is filed after the time limit established by section 62 but before the disqualification date established by subsection (1), the candidate must pay to the city a late filing penalty of $500.
1993-54-61.
Failure to file disclosure statement for elector organization 64. (1) An elector organization is disqualified from endorsing a candidate under section 51 until after the next general local election if the financial agent of the elector organization fails to file a disclosure statement under section 62 within 30 days after the applicable time limit established by that section. (2) If a disclosure statement for an elector organization is filed after the time limit established by section 62 but before the disqualification date established by subsection (1), the elector organization must pay to the city a late filing penalty of $500 for each candidate in the election that was endorsed by the elector organi zation.
1993-54-61.
Disclosure statements to be available for public inspection 65. (1) The disclosure statements and signed declarations under section 62 must be available for public inspection in the City Hall during its regular office hours from the time of filing until December 1 in the year of the next general local election. (2) After the end of the period referred to in subsection (1), the disclosure statements and signed declarations must be returned to the candidate or elector organization for which they were filed, if this is requested by the candidate or elector organi zation, and otherwise they may be destroyed. (3) Before inspecting a document referred to in subsection (1), a person other than a city 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.
1993-54-61;1994-52-147.
Division (9) — Voting Opportunities
Voting opportunities for electors 66. 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;
Dec. 31, 1996 43 Chap. 55x Vancouver Charter 1 -2 Euz. 2 Section 67
(c) at a special voting opportunity, if any; (d) by mail ballot, if this is available.
1993-54-61.
Required general voting opportunities 67. (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) The chief election officer must specify which of the voting places under subsection (1) is to be used on general voting day for each voting division and, if applicable, for each neighbourhood constituency. (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 in the voting division for which they are designated, subject to the restrictions regarding where a person may vote if neighbourhood constituencies are established.
1993-54-61.
Additional general voting opportunities 68. (1) The Council may, by by-law, (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 oppor tunities 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.
1993-54-61.
Required advance voting opportunities 69. (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 city 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.
44 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 70
(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 Council must establish by by-law. (3) Voting hours for the required advance voting opportunities must be from 8 a.m. to 8 p.m. (4) 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. (5) At least 6 but not more than 30 days before a required advance voting oppor tunity, the chief election officer must give notice in accordance with section 17 of the date, the location of the voting place and the voting hours for the voting opportunity. 1993-54-61.
Additional advance voting opportunities 70. (1) The Council may, by by-law, (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 oppor tunities 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 69 (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. 1993-54-61.
Special voting opportunities 71. (1) In order to give electors who may otherwise be unable to vote an opportunity to do so, the Council may, by by-law, establish one or more special voting opportu nities under this section. (2) A by-law 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;
Dec. 31, 1996 45 / / Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 72
(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 candidate 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 city. (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 oppor tunity; (b) any restrictions on who may vote at the special voting opportunity; (c) any special procedures involved.
1993-54-61.
Mail ballot voting 72. (I) Subject to this section and any regulations under section 128, the Council may, by by-law, 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) 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) A by-law 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. (4) 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. (5) 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 88.
46 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 73
(6) 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 (7) 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 City Hall 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 by-law under subsection (1), an application for regis tration as an elector, to be completed if necessary and returned in the outer envelope; (f) instructions as to how to vote by mail ballot. (7) 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. (8) 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.
1993-54-61.
Division (10) Arrangements for Voting
Voting places 73. (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 city 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;
Dec. 31. 1996 47 Chap. 55 Vancouver Charter 1-2Eliz. 2
Section 74
(c) the chief election officer considers that the location will be more convenient for a majority of electors. (3) A voting place for an additional general voting opportunity or for an advance voting opportunity may be outside the boundaries of the city. 1993-54-61.
Use of voting machines 74. (1) The Council may, by by-law, provide for the use of automated voting machines, voting recorders or other devices for voting in an election, subject to any require ments, limits and conditions established by regulation under section 128. (2) A by-law under subsection (1) must include the following: (a) procedures for how to vote, to be used in place of those established by section 91; (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). (3) In order for a by-law under subsection (1) to be valid, it must be approved by the Minister of Municipal Affairs before it is adopted. (4) To the extent that there is an inconsistency between the procedures, rules and requirements established by a by-law under subsection (1) and the procedures, rules and requirements established by or under this Part, the by-law prevails. 1993-54-61.
Voting divisions 75. (1) The Council must, by by-law, (a) establish voting divisions, or (b) authorize the City Clerk or chief election officer to establish voting divisions. (2) The authority under subsection (1) is subject to any requirements, limits and conditions established by regulation under section 128. (3) Electors who reside in a voting division or who are non-resident property electors in relation to property within that voting division may vote on general voting day only at the voting place specified for that voting division unless they are voting at an additional general voting opportunity or a special voting opportunity. (4) The chief election officer may provide notice to electors in a voting division of the voting place where they are entitled to vote in addition to the notice under section 49. 1993-54-61;1994-52-148.
48 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 76
Form of ballots 76. (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.
1993-54-61.
What must and must not be included on a ballot 77. (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) inapplicable, 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 organi zation. (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.
1993-54-61.
Order of names on ballot 78. (1) Unless a by-law under section 79 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.
Dec. 31. 1996 49 Chap. 55 Vancouver Charter 1-2Eliz. 2 Section 79
(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, J 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 77 (3). (3) The chief election officer’s decision on the order of names on a ballot is final.
1993-54-61.
Order of names on ballot determined by lot 79. (1) The Council may, by by-law, 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.
1993-54-61.
Ballot boxes 80. (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;
50 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 81
(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.
1993-54-61.
Division (11) — Conduct of Voting Proceedings Persons who must be present at voting places 81. (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 94. . (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. x
1993-54-61. Persons who may be present at voting places 82. (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 such a person; (b) persons assisting under section 21 or 93; (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 by-law under subsection (3) permits more to be present; (e) other persons permitted to be present by the presiding election official. (3) The Council may, by by-law, 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 by-law. (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 19, each person present at a voting place while voting proceedings are being
Dec. 31, 1996 51 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 83
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 85.
1993-54-61.
Sealing of ballot boxes containing ballots 83. (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 94 or adjourned under section 20. (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 80 (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). (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.
1993-54-61.
Time for voting extended 84. (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.
52 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 85
(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 115. (5) The presiding election official must notify the chief election officer as soon as possible of any extension of voting under this section.
1993-54-61.
Division (12) — Voting
Voting to be by secret ballot 85. (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.
1993-54-61.
Each elector may vote only once 86. (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.
• 1993-54-61.
Requirements before elector may be given a ballot to vote 87. (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 30;
Dec. 31, 1996 53 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 88
(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 88, 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 89 (2); (e) if the person requires assistance to mark the ballot, the requirements of section 93 (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.
1993-54-61:1994-52-149.
Challenge of elector 88. (1) A person’s right to vote may be challenged in accordance with this section at any time during the procedures under section 87 (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, and
54 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 89
(b) only on the basis that the person proposing to vote (i) is not entitled to vote, or (ii) has contravened section 123 (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, (b) is either registered as an elector 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 123, 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).
1993-54-61.
If another person has already voted under an elector’s name 89. (1) This section applies if an elector meets the requirements of section 87 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 88 (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 88 of the person who obtained the second ballot.
1993-54-61.
Dec. 31, 1996 55 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 90
Replacement of spoiled ballot 90. (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.
1993-54-61.
How to vote by ballot 91. (1) After receiving a ballot, an elector must (a) proceed without delay to the 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.
1993-54-61.
One person to a voting compartment 92. (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 93 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.
1993-54-61.
Persons needing assistance to mark their ballots 93. (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 ip 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 require ments must be met:
56 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 94
(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 21 (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.
1993-54-61:1994-52-150.
Persons unable to enter a voting place 94. (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 87 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.
Dec. .11. 1996 57 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 95
(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 82.
1993-54-61.
Division (13) — Counting of the Vote
When and where counting is to be done 95. (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.
1993-54-61.
Who may be present at counting 96. (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) No persons other than those referred to in subsections (2) and (3) and election officials taking part in the counting may be present when counting proceedings are being conducted, unless permitted by the presiding election official.
1993-54-61.
Who does the counting 97. (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 101 or objected to under section 102.
1993-54-61.
58 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 98
Opening of ballot boxes 98. (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 99, 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.
1993-54-61.
Combination of ballots for counting 99. (1). After ballot boxes are opened under section 98, 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
Dec. 31. 1996 59 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 100
(b) a separate ballot account under section 103 and separate ballot packages under section 104 must be prepared for each class of ballots referred to in subsection (2).
1993-54-61.
Procedures for counting 100. (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 101 (4), a mark referred to in section 101 (1) on a ballot for an election must be accepted and counted as a valid vote. (4) Counting must proceed as continuously as is practical 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 101 in relation to an election; (b) that the rejection of the ballot was objected to under section 102; (c) that a mark on the ballot was accepted as a valid vote but the acceptance was objected to under section 102. (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.
1993-54-61.
Rules for accepting votes and rejecting ballots 101. (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 91 (1) (b); (b) a tick mark that is placed in the location required by section 91 (1) (b); (c) a mark of the type required by section 91 (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 76 (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.
60 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 102
(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 76 (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.
1993-54-61.
Objections to the acceptance of a vote or the rejection of a ballot 102. (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 100 (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 107 or on a judicial recount.
1993-54-61.
Ballot account 103. (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;
Dec. 31, 1996 61 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 104
(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 102; (g) the number of ballots rejected as invalid without objection; (h) the number of ballots rejected as invalid, subject to an objection under section 102; (i) the number of spoiled ballots that were cancelled and replaced under section 90; (j) the number of unused ballots; (k) the number of ballots added under section 99 (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 105.
1993-54:61.
Packaging of ballots 104. (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; (ej 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 90; (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.
62 Dec. 31. 1996
( 1953 Vancouver Charter Chap. 55 Section 105
(4) If ballot boxes are used as ballot packages, they must be sealed in accordance with section 83.
1993-54-61.
Delivery of election materials to chief election officer 105. (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 baljot account prepared under section 103 (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 83 and must not be opened until after the declaration of the results of the election under section 108 except by the chief election officer for the purposes of section 107 (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.
1993-54-61.
Preliminary election results 106. (1) The chief election officer may announce preliminary results of an election before the determination under section 107 is completed. (2) Preliminary results must be based on the ballot accounts prepared under section 103, determined by calculating the total number of valid votes for each candidate in the election as reported on the ballot accounts.
1993-54-61.
Determination of official election results 107. (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.
Dec. 31. 1996 63 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 108
(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 an objection under section 102. (6) The chief election officer may reverse the 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 this. (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.
1993-54-61.
Declaration of official election results 108. (1) Before 4 p.m. on the 4th day following the close of general voting, the chief election officer must declare the results of the election as determined under section 107. (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;
64 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 109
(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.
1993-54-61.
When elected candidates may take office 109. (1) No candidate declared elected under section 108 is entitled to make the oath of office under section 140 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 Provincial 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 Provincial Court is satisfied that the candidate’s election will not be affected by the results of the judicial recount.
1993-54-61.
Division (14) — Judicial Recount
Application for judicial recount 110. (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 101; (b) that a ballot account does not accurately record the number of valid votes for a candidate; (c) that the final determination under section 107 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 108 and 9 days after the close of general voting. (4) The application may only be made by (a) an elector, (b) a candidate in the election or a candidate representative of a candidate in the election, or (c) the chief election officer.
Dec. 31. 1996 65 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 111
(5) An application must be made by the chief election officer if, at the end of the determination of official election results under section 107, 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 Provincial Court to complete the recount within the time limit set by section 111. (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.
. 1993-54-61. ,
Judicial recount procedure 111. (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 Provincial Court. (3) The chief election officePmust bring to the recount all ballot accounts used for the determination of official election results under section 107 and the ballot boxes containing the ballots for which the recount is requested. (4) In conducting a recount, the Provincial Court must open the ballot boxes containing the ballots for which the recount is requested, count those ballots in accordance with sections 100 and 101 and confirm or change the ballot accounts in accordance with the counting. (5) In its discretion, the Provincial 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 Provincial 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,
66 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 112
(a) if the person who made the application for the recount, the chief election officer and the candidates present at the recount agree, the Provincial Court may restrict the ballots to be recounted as agreed by these persons at that time, or (b) if the Provincial 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 Provincial Court may confirm the results of the election and take no further action under this section.
(8) Unless otherwise directed by the Provincial 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 83 by .the person having custody of them and may be additionally sealed by other persons present. 1993-54-61.
Results of judicial recount and orders as to costs
112. (1) At the completion of a judicial recount, the Provincial Court must declare the results of the election.
(2) The results declared under subsection (1) or following a determination by lot under section 113 are final, subject only to a declaration under section 117 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 city, the applicant and the persons notified of the application under section 110 (8), or any of them, in the proportion the Provincial Court determines.
(4) At the conclusion of a judicial recount, the Provincial 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 Provincial 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 Provincial 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.
1993-54-61.
Dec. 31, 1996 67 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 113
Determination of results by lot if tie vote after judicial recount 113. (1) The Council may, by by-law, 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 114. (2) If a by:law 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 Provincial Court is to direct a person who is not a candidate or candidate representative to withdraw one paper; (e) the Provincial Court is to declare elected the candidate whose name is on the paper that was drawn.
1993-54-61.
Runoff election if tie vote after a judicial recount 114. (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 by-law under section 113 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.
68 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 115
(6) If advance registration would otherwise be permitted, the closed period under section 29 (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 35 to 37 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 74 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 opportu- . nities equivalent to those provided for the original election must be held and, for these, no new by-laws under this Part are required.
1993-54-61.
Division (15) — Declaration of Invalid Election
Application to court 115. (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 108. (4) An application may be made only by a candidate in the election, the chief election officer or at least 4 electors. (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 by-law under this Act; (c) that an election or the election of a candidate should be declared invalid because section 123, 124 or 125 (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.
Dec. .11. 1996 69 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 116
(8) As soon as possible but no later than 2 days after a petition, is filed, the person making application must serve the petition and the notice of hearing on the City Clerk. (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 123 or 124.
1993-54-61;1994-52-151.
Hearing of the application 116. (1) The Supreme Court must hear and determine an application under section 115 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 123 or 124 was contravened, the evidence regarding that claim must be given orally by witnesses rather than by affidavit.
1993-54-61.
Power of the court on an application . 117. (1) On the hearing of an application under section 115 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 115 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 by-law under this Act if the court is satisfied that
70 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 118
(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 123 or 124 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 city 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.
1993-54-61.
Costs of an application 118. (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 115 must be paid promptly by the city. (2) The court may order that costs to be paid under subsection (1) may be recovered by the city 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.
1993-54-61.
Status of an elected candidate 119. (1) A person affected by an application under section 115 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) A person who is declared disqualified to hold office by the Supreme Court and who appeals the decision remains disqualified until 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 117 (5) be repaid with interest as directed by the court.
Dec. 31, 1996 71 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 120
(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. 1993-54-61.
Division (16) — Final Proceedings
Report of election results 120. (1) Within 30 days after the declaration of official election results under section 48 for an election by acclamation or under section 108 for an election by voting, the chief election officer must submit a report of the election results to the Council.
(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 115 after the report under subsection (1) is submitted, the City Clerk must submit to the Council a supplementary report reflecting the changed results. 1993-54-61.
Publication of election results 121. (1) Within 30 days after elected candidates have taken office, the City Clerk must submit the names of the elected officials to the Gazette for publication. (2) Within 30 days after persons appointed to Council have taken office, the City Clerk must submit the names of the appointed officials to the Gazette for publi cation. 1993-54-61.
Retention and destruction of election materials 122. (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 105 in the officer’s custody, (b) is responsible for retaining the nomination documents under section 44, 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 105.
72 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 122
(2) After the end of the period for conducting a judicial recount, the City Clerk 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 108 until 30 days after that date the following election materials must be available for public inspection at the City Hall during its 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 decla rations 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 city 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 City Clerk 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 108: (a) the nomination documents under section 44 for the unsuccessful candidates in the election; (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 115, 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.
1993-54-61; 1994-52-152; 1995-29-6,
Dec. 31. 1996 73 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 123
Division (17) — Election Offences
Vote buying 123. (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.
1993-54-61.
Intimidation ' , 124. (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.
74 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 125
(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.
1993-54-61.
Other election offences 125. (1) In relation to nominations, a person must not do any of the following: (a) contravene section 44 (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 51 (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 86 (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 85 (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;
Dec. .11. 1996 75 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 125
(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 74 contrary to the applicable by-law 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 campaign contributions and election expenses within the meaning of Division (8), a person must not do any of the following: (a) accept a campaign contribution in contravention of section 58; (b) make a campaign contribution in contravention of section 59; (c) as a financial agent of a candidate or elector organization, file a false disclosure statement under section 62. (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 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.
1993-54-61; 1994-52-153.
76 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 126
Penalties 126. (1) A person who contravenes section 123 or 124 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 125 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.
1993-54-61.
Division (18) — General
Powers of minister in relation to elections 127. (1) If the Minister of Municipal Affairs 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 by-law 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. (3) If reasonably possible, before exercising the authority under this section the minister must consult with the Council.
1993-54-61.
Regulations 128. (1) The Lieutenant Governor in Council may make regulations, 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:
Dec. 31. 1996 77 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 129
(a) prescribing information that must be included under section. 28 in an application for registration as an elector, which may be different for resident electors and non-resident property electors; (b) for the purposes of section 39, (i) deeming a described class of persons to be employees of the city or a specified regional district, and (ii) excepting a described class. of persons as excluded from the definition of “employee”; (c) prescribing information that must be included in the notice of nomination under section 42, which may be different depending on whether the nomination is for an election at large or an election on the basis of a neigh bourhood constituency; (d) prescribing matters that must be included in the solemn declaration under section 51 regarding elector organization endorsement of a candidate; (e) prescribing information regarding election expenses to be included in a disclosure statement under section 62 (3) (e); (0 establishing requirements, limits and conditions in relation to voting by mail ballot under section 72; (g) establishing requirements, limits and conditions in relation to voting under section 74; (h) establishing requirements, limits and conditions in relation to voting divisions under section 75; (i) prescribing one or more alternative forms in which a specified solemn declaration must be made. (3) For the purposes of this section, the Lieutenant Governor in Council may, by regulation, provide that a regulation under section 146 of the Municipal Act applies to the city.
1993-54-61;1994-52-154.
Part II — Other Voting
Division (1) — Interpretation
Definitions 129. The definitions in Part I apply to this Part and, in addition, in this Part “other voting” means voting on a matter referred to in section 130; “voting area” means the area for which the other voting is to be conducted.
1993-54-61.
78 Dec. II. 1996 1953 Vancouver Charter Chap. 55 Section 130
Other voting to be conducted in same manner as an election 130. (1) This Part applies to (a) voting on a by-law or other matter for which assent of the electors is required, (b) voting on a by-law or other matter for which the Council is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment, and (c) voting on a question under section 184. (2) Except as otherwise provided, Part I applies to voting referred to in subsection (1) as if the other voting were an election and, for certainty, Division (17) of that Part regarding offences applies to other voting.
1993-54-61.
Division (2) — Assent of the Electors
How assent is obtained 131. (1) Unless otherwise provided in this Act, if assent of the electors to a by-law or other matter is required or wanted, that assent is obtained only if a majority of the votes counted as valid are in favour of the by-law or question. (2) If a by-law that requires the assent of the electors does not receive that assent, no other by-law for the same purpose may be submitted to the electors within a period of 6 months from the last submission except with the approval of the Minister of Municipal Affairs. (3) Despite section 27 (4) of the Interpretation Act, a by-law to which that section. applies in relation to assent of the electors may be amended or repealed without the assent of the electors if the Minister of Municipal Affairs approves.
1993-54-61.
Each by-law to be voted on must be for a distinct purpose 132. (1) A by-law submitted for the assent of electors must be for only one distinct purpose, although the by-law may include purposes incidental to the main purpose! (2) If 2 or more by-laws are submitted at the same time for assent of the electors, each by-law must be voted on as a separate question unless otherwise provided in this Act.
1993-54-61.
Division (3) — Proceedings for Other Voting
Who may vote at other voting 133. (1) In order to vote at other voting, a person must meet both the following require ments:
Dec. 31. 1996 79 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 134
(a) the person must meet the qualifications of section 23 as a resident elector, or section 24 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 city, or (b) register immediately before voting, as applicable, either (i) as an elector of the city, 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 under Part I and advance registration is available under section 29, (a) the chief election officer must establish a date after which registration as an elector 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 35 (3), (6) and (7), 36 and 37 do not apply 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 17 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. 1993-54-61; 1994-52-155.
General voting day for other voting 134. (1) An authority in or under this or any other Act for the Lieutenant Governor in Council or a minister to require a by-law 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 by-law referred to in subsection (1), not more than 80 days after the day of the direction to obtain assent;
80 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 135
(b) in the case of a by-law requiring the approval of the Lieutenant Governor in Council 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; (c) in the case of other by-laws, not more than 80 days after the day the by-law receives third reading; (d) in the case of another matter, not more than 80 days after adoption of the authorizing by-law.
1993-54-61.
Arrangements for other voting 135. (1) In order for a by-law under this Part or a by-law referred to in section 12 to apply in relation to other voting, the by-law must be adopted at least 6 weeks before general voting day for the other voting. (2) Unless subsection (3) applies, voting opportunities for the other voting are those established by or under Part I for the other voting. (3) Voting opportunities in the voting area must be the same as for an election 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 city, and (c) the Council is responsible for conducting the other voting.
1993-54-61.
Notice of other voting 136. (1) In place of a notice of election under section 49, 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 voting under this section in accordance with section 17. (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 must be available for public inspection at the City Hall during its regular office hours and 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 67 for that day and the voting hours for those places; (e) information required to be included under section 49 (2) (d) to (f) regarding voting divisions.
Dec. 31. 1996 81 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 136.1
(4) If the other voting is on a by-law submitted for the assent of the electors or is authorized by a by-law, the notice of voting must also include the following: (a) either a copy of the by-law or, if approved by the Council, a synopsis of the by-law in accordance with subsection (5); (b) if a synopsis of the by-law is included, a statement that the synopsis is not an interpretation of the by-law; (c) the dates, times and places at which the by-law may be inspected. (5) A synopsis under subsection (4) (a) must include (a) in general terms, the intent of the by-law, (b) the area that is the subject of the by-law, and (c) if applicable, the amount of the borrowing authorized by the by-law. (6) If subsection (4) applies, a full copy of the by-law must be available for public inspection (a) at the City Hall during its regular office hours, 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.
1993-54-61.
Ballots for other voting 136.1 (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.
1993-54-61. . ,
When counting for other voting is to be done 136.2 (1) As an exception to section 95, 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 108. (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 83 and are delivered to the chief election officer with the materials referred to in section 105.
1993-54-61.
82 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 136.3
Other general matters 136.3 (1) Notices under this Part may be combined with notices under Part I, as it applies to elections or to other voting, as long as the requirements of all applicable sections are met. . (2) Section 121, requiring the publication of election results in the Gazette, does not apply to other voting. (3) The Lieutenant Governor in Council may make regulations as provided in section 128, which may be different for other voting than for elections and which may be different for different types of other voting.
1993-54-61.
Division (4) — Scrutineers
Scrutineers for other voting 136.4 (1) Scrutineers for the question in other voting and scrutineers against the question must be appointed under section 136.7 if applications in accordance with section 136.6 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 by-law 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 I to be present. (4) The Council may, by by-law, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the by-law. (5) As a limit on the authority under subsection (4), a by-law 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.
1993-54-61.
Notice of applications to volunteer as a scrutineer 136.5 (1) At least 6 but 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 17. (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;
Dec. 31, 1996 83 Chap. 55 Vancouver Charter 1-2 Eliz. 2
Section 136.6 /
(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 6th day before the application period begins until the close of the application period, the notice must be available for public inspection at the City Hall during its regular office hours.
1993-54-61.
Applications to volunteer to act as scrutineer for other voting 136.6 (1) The chief election officer must establish a 10-day time period during which appli cations to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity. (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 (5). (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) [Repealed 1994-52-156.] (5) The Lieutenant Governor, in Council may make regulations prescribing information that must be included in an application under this section.
1993-54-61; 1994-52-156.
Appointment of scrutineers for other voting 136.7 (1) The chief election officer must, (a) on the basis of the applications received in accordance with section 136.6, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and
84 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 136.7
(b) assign scrutineers to each place at which scrutineers are entitled to be present under Part I. (2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 136.4, (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 136.4, the following rules apply: (a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 79 (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 107 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.
1993-54-61.
Dec. 31. 1996 85 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 137
Part III — The Council and Its General Powers
Size and quorum of Council 137. (1) Except as established under subsection (2), by a temporary order under section 10 (6) (a) or by the effect of section 139 (2), the Council is to consist of a Mayor and 10 Councillors, and the quorum for the Council is 6 members. (2) Subject to the limit that there must be at least 10 Councillors, the Council may, by by-law, change the number of Councillors, in which case the quorum for the Council is the lowest number of Council members that is a majority of the total Council size as established by the by-law. (3) A by-law under subsection (2) must provide for an uninterrupted transition from the previous Council. . (4) A by-law under subsection (2) that would reduce the size of Council must not be adopted without the assent of the electors.
1993-54-62.
Councillor elections: at large unless on a neighbourhood constituency basis 138. (1) Unless a by-law under subsection (2) applies, every member of Council must be . elected from the city at large. (2) The Council may, by by-law, provide that all or some of the Councillors be elected on a neighbourhood constituency basis. (3) A by-law under subsection (2) must establish the areas that are to be neigh bourhood constituencies and provide for an orderly transition to election on this basis. (4) A by-law under subsection (2) 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 for the neighbourhood constit uency are (i) resident electors who meet the qualifications of section 23 in relation to the area of the neighbourhood constituency, and (ii) non-resident property electors who meet the qualifications of section 24 in relation to the area of the neighbourhood constituency, and (b) except as permitted at additional general voting or a special voting oppor tunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency.
86 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 139
(6) The notice of election under section 49. for an election on the basis of a neigh bourhood constituency must include the following additional information: . (a) the boundaries of the neighbourhood constituency; (b) the voting places 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 member of Council to represent the neigh bourhood constituency.
1993-54-62:1994-52-157.
Term of office for Mayor and Councillors 139. (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 140 (4), 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 140 (4), 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 a sufficient number of members of Council have taken office to make up a quorum, whichever is later.
1993-54-62.
Oath of office 140. (1) A person elected or appointed to office on 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: ■ p
(2) The oath must be made before a judge of the Court of Appeal, the Supreme Court or the Provincial Court, a justice of the peace or the City Clerk, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.
(3) A person taking office on Council may also make an oath of allegiance.
Dec. 31. 1996 87 Chap. 55 Vancouver Charter 1-2Eliz. 2 Section 141
(4) A person takes office on 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 City Clerk, or (b) at any later time that the person produces the completed oath or certificate to the City Clerk.
• (5) 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.
(6) Once a member of Council 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. 1993-54-62; 1994-52-158.
Disqualification from office for failure to make oath or attend meetings
141. (1) If a person elected or appointed to office on Council does not make the required oath under section 140 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 Council or on another municipal council or a regional district board until the next general local election.
(2) If a member of Council 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 Council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on Council, another municipal council or a regional district board until the next general local election. 1993-54-62.
Resignation from office
142. (1) A member of Council may resign from office only by delivering a written resignation to the City Clerk.
(2) A resignation becomes effective when it is received by the City Clerk, even if a later date is set out in the resignation, and may not be revoked after the time it is received.
(3) The City Clerk 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 City Clerk must notify the Minister of Municipal Affairs. 1993-54-62.
88 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 142.1
Application to court to declare member of Council disqualified 142.1 (1) An application to court for a declaration that a member of Council 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 I, other than section 115 (7), applies in relation to an application under this section. (3) An application may only be made by at least 4 electors of the city. (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 disqualifi cation 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 Mayor or Councillor whose right to hold office is being challenged and on the City Clerk. (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.
1993-54-62.
Resolution declaring member of Council disqualified 142.2 (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 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 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 City Clerk. (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 119 applies in relation to an application under subsection (4) of this section.
1993-54-62.
Dec. 31, 1996 89 Chap. 55 Vancouver Charter 1-2Eliz. 2 Section 143
Time of Council meetings 143. . (1) Following a general local election, the first meeting of the Council shall 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 meeting of the Council shall be called by the City Clerk and held as soon as reasonably possible after a quorum has taken office. (3) After the first meeting, the Council must meet as it decides and as provided in this Act.
1993-54-62.
Validity of Council proceedings 144. A by-law, resolution, order, contract or other proceeding of the Council shall not be set aside or declared invalid by reason only that (a) a person sitting or voting as a member of Council was not qualified to be a member of Council at or before the time of the proceeding, (b) a member of Council 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.
1993-54-62.
City’s powers exercisable by Council generally 145. (1) Except as otherwise provided, the powers of the city shall be exercisable by the Council. (2) Without limiting subsection (1) and subject to any express limitation in this Act, the city has full power to engage in any commercial, industrial or business under taking.
1993-54-62.
Voting at Council meetings 145.1 (1) This section applies to all meetings of Council, to meetings of committee of the whole and to meetings of standing and select committees of Council. (2) Unless otherwise provided in this Act, if the votes of the members of the Council present at the meeting at the time of the vote are equal for and against a question, the question is defeated and the presiding member shall so declare. (3) A member of Council present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative. (4) If a Council member considers that he or she is not entitled to participate in the discussion of a matter or to vote on a question in respect of the matter, the
90 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 145.1
member shall declare this and state the general nature of why the member considers this to be the case. (5) After making a declaration required by subsection (4), the member (a) shall not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter, (b) shall immediately leave the meeting or that part of the meeting during which the matter is under consideration, and (c) shall not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter. (6) When a declaration required by subsection (4) is made, (a) the person recording the minutes of the meeting shall 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 shall ensure that the member is not present at the meeting at the time of any vote on the matter. (7) Without limiting subsection (4), a Council member must not participate in the discussion of or vote on a question in respect of a matter in which the member has a direct or indirect pecuniary interest. (8) Subsection (7) does not apply (a) if the pecuniary interest of the Council member is a pecuniary interest in common with electors of the city 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, dr (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. (9) A person who contravenes subsection (7) is disqualified from continuing to hold office as a member of Council, unless the contravention was done through inadvertence or by reason of an error in judgment made in good faith. (10) If otherwise qualified, a person disqualified Under subsection (9) 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. (11) If as a result of subsection (4) the number of Council members who may discuss and vote on a matter falls below the quorum for Council, the Council may apply to the court for an order under subsection (12) without notice to any other person. (12) On an application under subsection (11), the court may (a) order that all or specified members of Council may discuss and vote on the matter, despite the other provisions of this section, and
Dec. 31. 1996 91 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 146
(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.
1993-54-62.
A quorum sufficient 146. The acts done by a quorum of the Council or other administrative body shall not be held to be invalid by reason of the fact that the Council or administrative body is not at the time composed of the required number of members.
1953-55-146.
Continuing bodies 147. The Council and other administrative bodies shall be deemed and considered to continue in existence notwithstanding any change in their. membership, and proceedings begun by one Council or administrative body may be continued and completed by a succeeding Council or administrative body.
1953-55-147.
Unreasonableness no bar 148. A by-law or resolution duly passed by the Council in the exercise of its powers, and in good faith, shall not be open to question in any Court, or be quashed, set aside, or declared invalid, either wholly or partly, on account of the unreasonableness or supposed unreasonableness of its provisions or any of them.
1953-55-148.
Time within which by-laws may be questioned 149. Any by-law and any resolution passed by the Council in pursuance of its powers shall be absolutely valid and binding upon all parties concerned, and shall not be questioned in any Court unless within one month after its final passing (a) a notice of application to quash the by-law or resolution under Part XXV of this Act has been served upon the city; or (b) an action has been commenced in a Court of competent jurisdiction to set the by-law or resolution aside.
1953-55-149.
Good faith test of sales 150. The determination of the Council as to the time when, the manner in which, the terms on which, the price for which, or the person to whom, any property of the city which the Council may lawfully sell shall be sold shall not be open to question or review by any Court if the purchaser is a person who may lawfully buy and the Council acted in good faith.
1953-55-150.
92 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 151
Exercise of Council powers by by-law and resolution 151. (1) Except as restricted by this section, the powers of the Council may be exercised either by by-law or by resolution. (2) A by-law may not be amended by resolution. (3) If an enactment provides that Council is required or empowered to exercise a power by by-law, that power may only be exercised by by-law. (4) If the Council exercises a power to direct that a thing should or should not be done and a person who fails to comply is subject to a fine or penalty, the power shall be exercised by by-law.
1993-54-63.
Power to accept property 152. (1) The city may accept any property devised, bequeathed, conveyed or otherwise transferred to it, 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, the Council may sell the property despite any limitations or restrictions in this Act. (3) All monies held by the city 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 the Council, the terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the city, the Council may apply to the court for an order under subsection (5). (5) On an application under subsection (4), the 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 city. (6) Section 89 of the Trustee Act applies to an order under subsection (5).
1994-43-85.
Exceptional grants only upon assent of electors 153. Except as otherwise provided by this or some other Act, the Council shall not have the power to grant to any person any special rights, franchise, privilege, immunity, or exception beyond such as all others in the like case are entitled to, unless the granting of the same has been authorized by a by-law requiring the assent of the electors.
1953-55-152.
Franchise for telegraph, steam-heat, or hot-water service 153A. The Council may, by agreement, grant to any person a franchise for a term not exceeding thirty years for the supply of telegraph, steam-heat, or hot-water service and may in such agreement prescribe how and where mains, pipes, conduits, poles, and wires shall be installed and, without restricting the generality of the foregoing, may
Dec. 31, 1996 93 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 154
prescribe.the other terms, conditions, and restrictions, including payments to the city, for and in connection with such franchise. 1966-69-24.
Power of Provincial Government to confer added powers in emergency 154. If at any time, due to unforeseen events of unusual and pressing gravity, the Council, by a vote of not less than two-thirds of the members thereof, passes a resolution declaring that a state of emergency exists in the city, and that the powers then enjoyed by the Council are insufficient to cope with such emergency, the Lieutenant-Governor in Council may by Order confer on the Council such additional powers with respect to the management and disposal of the property and assets of the city as he thinks necessary for the period of such emergency, and thereupon the Council shall have and may exercise the powers so conferred. 1953-55-154.
Settlement of claims 155. In respect of matters within its jurisdiction, the Council shall have power in its discretion to settle and compromise any claim, action, or proceeding made or taken by or against the city. 1953-55-155.
Witnesses may be required to attend 156. The Council, or any committee of members of the Council, shall have power, under the hand of the Mayor, to summon witnesses for examination on oath in any and all matters within its jurisdiction, and the Mayor shall have the same power to enforce the attendance of such witnesses and compel them to give evidence as is vested in any Court of law in civil cases. The Mayor or chairman of the committee shall administer the oath to any witness, and such witness may be examined, cross-examined, and re-examined according to the practice of the Supreme Court in civil cases. 1953-55-156.
Declaratory judgments may be sought 157. Where the Council deems it advisable, the city may institute an action or proceeding merely for a declaratory judgment or order in any Court of competent jurisdiction (a) to ascertain the right of the city, or any person as against the city, in any matter or thing pertaining to any property, real or personal, or in respect to any moneys, claim, or demand whatsoever; (b) to test the liability to taxation of any person or property; (c) to ascertain the liability for or right to damages in any cause or matter; and the Court may make binding declarations of right whether any consequential relief is sought or not, or is or could be claimed or not; and the Court shall have jurisdiction to hear and entertain such action or proceeding, and such action or proceeding shall
94 Dec. 31. 1996 1953 Vancouver Charter Chap. 55
Section 158
not be open to objection merely because such declaratory judgment or order alone is sought thereby.
1953-55-157.
t Recovery of costs in certain cases 158. Notwithstanding that the city employs counsel or solicitors whose remuneration is wholly or partially payable by salary or retainer, the city shall have the right to recover and collect lawful costs in all actions, suits, arbitrations, and proceedings, in the same manner as if the counsel or solicitors were not so remunerated, whether such costs are by the terms of their employment payable to such counsel or solicitors as part of their remuneration in addition to their salary or retainer, or not.
1953-55-158; 1961-76-2.
Council may set up committees 159. The Council may provide for such committees as it sees fit, and may refer any matter to a committee for report.
1953-55-159.
Discharge of committees 160. All committees of Council shall stand discharged immediately before the first Monday after December 1 in the year of a general local election.
1993-54-64.
Delegation of powers 161. By a vote of not less than two-thirds of its members, the Council may delegate, with or without restrictions or conditions, to any committee comprised (a) of members of the Council; or (b) of employees of the city ; or (c) of members of the Council and employees of the city, any of the executive or administrative powers exercisable by the Council.
1953-55-161.
Idem 161A. Any regulatory by-law may provide for regulation by the use of permits and may fix a fee therefor, and any official authorized by by-law to issue a permit may delegate that authority to any person under his control.
1955-114-5; 1964-72-2.
Suspension, revocation, etc., of permits 161B. The Council may, by by-law, provide for the suspension, revocation, cancellation, or forfeiture, for cause, of any permit which may be granted in the exercise of its powers.
1963-60-3.
Dec. .11. 1996 95 Chap. 55 Vancouver Charter 1-2 Euz. 2 Section 162
Council's power to set up departments, etc. 162. The Council (a) may establish and equip such departments and offices as it may from time to time deem expedient in the exe'rcise of its powers, and may assign such functions and duties to the persons employed in such departments and offices as the Council may from time to time decide;
To appoint employees (b) may provide for the appointment, suspension, and removal of such employees as may be considered necessary, and may fix their remuneration and hours of work, and shall require that their appointment, promotion, and change of status be based on merit and fitness.
1953-55-162; 1955-114-6; 1957-85-6.
To appoint a Board of Administration 162A. The Council may by by-law provide for the appointment of a Board of Administration and may delegate to such Board any of the executive or administrative powers exercisable by the Council or any of the functions or duties by this Act specifically assigned to any officer or employee. The Council may by such by-law make provisions with respect to (a) the persons who shall constitute the Board; (b) the remuneration that shall be payable to the members of the Board. If the membership of the Board includes members of Council, the remuneration payable shall be in addition to the remuneration received as a member of Council and shall not disqualify such member from continuing to hold office as a member of Council; (c) the matters coming within the jurisdiction of the Board; (d) the procedure to be followed by the Board; (e) such other matters as Council may deem fit.
1957-85-7.
Termination of one month’s notice 163. The engagement of every employee of the city engaged on a monthly or longer basis shall be subject to termination upon one month’s notice in writing, but any employee may be dismissed without notice for good cause.
1953-55-163.
Provision for bonding 164. So many of such employees as the Council may from time to time designate shall be bonded, for such obligation, in such amount, and with such surety as the Council directs. The premiums on such bonds shall be paid by the city.
1953-55-164.
96 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 165
By-laws covering — 165. The Council may by by-law provide for
Procedure (a) the procedure to be followed.at meetings of the Council and its committees, including the conduct of their members at such meetings;
Quorum (b) the fixing of a quorum for meetings of committees of Council;
Notice of meetings (c) the means and length of notice of such meetings to be given to their members;
Minutes (d) the minutes or other records of the business transacted by the Council and its committees;
Delegation of powers (e) the delegation to a head of a department of such powers of employing, suspending, or dismissing an employee in that department as the Council sees fit;
Other regulations (f) such other regulations not inconsistent with this Act as may be considered expedient in furtherance of the business of the Council, or any committee thereof;
Destruction of documents (g) the destruction of receipts, warrants, vouchers, instruments, certificates, cancelled debentures and coupons, documents, records, and papers, and the conditions under which they may be destroyed.
1955-55-165; 1966-69-7,8; 1993-54-65.
Special vote 166. The votes of not less than 2/3 of the members present shall be necessary to supersede a ruling of the presiding officer at a meeting of the Council, or to rescind a resolution passed by the Council in its current term.
1990-76-2.
How by-law to be completed 167. Upon the final passing of a by-law, the City Clerk shall sign the same, the Mayor, or other member of the Council presiding at the time the by-law was finally passed, shall
Dec. 31, 1996 97 Chap. 55 Vancouver Charter l-2 Eliz. 2 Section 168
affix his signature, and thereupon the City Clerk shall affix the common seal of the city thereto.
1955-55-167.
Inspection by public of records 168. A bona fide request for the inspection of any record or document of the city, subject to reasonable regulations as to the time and manner of such inspection, or for a copy thereof, shall be complied with, unless for good cause the Director of Finance otherwise directs. For furnishing copies, the city may make the same charge as is made by the official stenographer to the Supreme Court for the like service,
1953-55-168;1965-104-29.
Execution of contracts 169. Save as otherwise provided in this Act, instruments to which the common seal is required to be affixed shall be signed by the persons designated for the purpose by the Council, or, if no such designation is made, shall be signed by the Mayor and the City Clerk.
1953-55-169:1970-54-11.
Signing of cheques 170. Cheques shall be signed by such persons, or otherwise authenticated in such manner, as the Council shall determine.
1953-55-170.
By-law provable by production 171. Any printed document purporting to be a by-law of the city, or a copy thereof, and to be printed by authority of the Council shall be admitted as prima facie evidence of such by-law in all Courts of the Province.
1953-55-171.
Taxes, etc., are a debt due the city 172. Real property and other taxes, water rates, licence and other fees, and all costs, charges, and expenses imposed by or pursuant to this Act and payable by any person to the city shall, without prejudice to any other remedy, be a debt due to the city recoverable by action in any Court of competent jurisdiction.
1953-55-172.
Council may declare emergency 173. Where the powers conferred on Council are inadequate to deal with an emergency the Council may, by by-law adopted by a vote of at least two-thirds of its members, declare that an emergency exists and exercise powers necessary to deal effectively with the emergency.
1984-32-4.
174. [Repealed 1994-22-16.]
98 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 175
Union label may be required 175. (1) It shall be lawful for the Council in awarding any contract to stipulate that all or any part of the materials supplied thereunder shall bear the union label.
Special provision in collective agreements (2) It shall be lawful for the Council in making any collective agreement with employees of the city in respect of which the Council has jurisdiction, and who are represented by a labour organization as bargaining agent, to insert in such agreement a provision requiring, as a condition of continued employment, membership in such labour organization, or a preference of employment to members of such labour organization. 1953-55-175.
City may join employers’ organization 175A. The Council may, by a majority vote of all members of the Council, provide for the inclusion of the City in an employers’ organization for the purpose of the Labour Relations Code. 1978-41-12; 1987-24-80, effective July 27, 1987 (B.C. Reg. 246/87); 1992-82-165.
Inquiry by barrister 176. The Council may engage a barrister to investigate and report upon (a) any alleged misfeasance, breach of trust, or other misconduct by (i) any member of the Council; (ii) any member of any other administrative body; (iii) any employee of the city; % ' . (iv) any person having a contract with the city in regard to the duties or obligations of such member, employee, or person to the City; (b) any matter connected with the good government of the city or the conduct of any part of its business, including any business conducted by any other administrative body. 1953-55-176.
His powers 177. The barrister so engaged shall without delay make the investigation and report thereon to the Council, and for those purposes shall have all the powers of the Commissioner under the Public Inquiries Act. 1953-55-177.
His fees 178. The fees of the barrister and of any witness called by him or by the city shall be payable by the city. 1953-55-178.
Dec. 31. 1996 99 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 179
Acquisition of parks, etc. 179. The Council may acquire for the city such real property within or without the city as it thinks necessary for parks, playgrounds, pleasure-grounds, or recreational areas, and the Board of Parks and Recreation may from time to time make recommendations with respect thereto.
1953-55-179; 1956-70-3; 1978-41-13.
Indemnification of employees 180. (1) In this section, public service organization shall mean a board or commission established pursuant to this Act, the Library Act or the Police Act, any society, association or other organization providing a public service within the city at the request of or with the consent of the council, and any member, director, employee or volunteer of such board, commission, society, association or organization. (2) The council may, by a vote of not less than 2/3 of all members, provide for the payment of a sum required for the protection, defence or indemnification of an officer or employee of the city, a member of its council or any public service organization together with costs necessarily incurred and damages recovered where an action or prosecution is brought against him in connection with the performance of his duties, or where an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration of a department of the city or the conduct of a part of the civic business. The council shall not pay a fine imposed on an officer or employee on his conviction for a criminal offence. (3) A resolution under subsection (2) is not invalid by reason only that a member of a council who would be entitled to payment under the resolution voted on it. (4) The council may by by-law provide that the city will, to the extent therein set out, indemnify its officers and employees, members of its council or any public service organization against a claim for damages against an officer or employee, members of its council or public service organizations or any of them arising out of the performance of his or its duties and, in addition, pay legal costs incurred in a court proceeding arising out of the claim. (5) The council may in a by-law under subsection (4) provide that the city will not seek indemnity against a public service organization in respect of an action that results in a claim for damages against the city by a third party unless the public service organization has been grossly negligent or has failed to comply with terms established governing the provisions of a public service. (6) The council shall not seek indemnity against an officer, employee or member of council in respect of any action of the officer, employee or member that results in a claim for damages against the city, unless the claim arises out of the gross negligence of the officer, employee or member or where, in relation to the action that give rise to the claim, the officer, employee or member wilfully acted contrary to ' (a) the terms of his employment, or (b) an order of a superior.
100 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 181
(7) Nothing in this section restricts the right of council to enter into a contract for the provision of property, goods or services which contains an obligation that council indemnify the provider of the property, goods or services for liability imposed on it arising from the provision of the property, goods or services. 1987-52-17.
Metric regulations 181. The Lieutenant-Governor in Council may, by order, authorize the substituting of metric measure for measurement provisions in this Act on the basis in each case either of the numeric equivalent or of a rationalization of the measurement for practical use. 1976-32-23A, proclaimed effective July 8, 1976.
182. [Repealed 1987-5248.]
,183. [Repealed 1982-25-4.1.]
Questions may be submitted for the opinion of the electors 184. The Council, for its own information, may submit for the opinion of the electors any question with which the Council has or desires to have the power to deal. 1993-54-66.
Council to provide for upkeep of city property 185. (1) The Council may from time to time make the necessary expenditures for the maintenance, upkeep, conservation, repair and improvement of any property of the city. (2) In addition to the proprietary rights of the city to control the use of its property, the Council may, by by-law, regulate the use of, or access to, any land owned or leased to the city. 1953-55-185; 1992-57-3; 1994-43-86.
Power to watch legislation 186. Where it is satisfied that any proposed Dominion or Provincial legislation affecting the city should be watched, promoted, or opposed, the Council may provide for such watching, promotion, or opposition, and may defray the expenses incurred in relation thereto. 1953-55-186.
City may be represented before Boards, etc. 187. Where it is satisfied that the interests of the city are concerned in any proceeding, inquiry, or hearing by any Board or Commission appointed under any Dominion or Provincial Statute, the Council may provide for the representation of the city thereat, and may defray the expenses incurred in relation thereto. 1953-55-187.
Dec. 31. 1996 101 I
Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 188
Intermunicipal bridges 188. The Council may provide for joining with another municipality in the construction and maintenance of streets, bridges, tunnels, or other public works which are partly in the city and partly in such other municipality, or which are used by the city in connection with real property in another municipality acquired under any of the city’s powers.
1953-55-188.
Good rule and government 189. The Council may provide for the good rule and government of the city.
1953-55-189.
Council may acquire property 190. (1) The Council may provide (a) for acquiring such real property (within or without the city) and personal property as may be required for the purposes of the city;
Disposal of real property (b) for disposing of any real or personal property of the city by sale, conveyance, lease, or licence when in the opinion of the Council such property is not required by the city, upon such terms and conditions as may be deemed expedient, and to accept in payment either money or other property ; provided, however, that no parcel of real property which exceeds four hundred thousand dollars in value shall be sold to any person other than Her Majesty in her right of Canada or the Province, or any agency of the Crown, except by the affirmative vote of two-thirds of all the members of Council. (2) Notwithstanding anything in this Act, the city may enter into agreements with the Government of Canada or its authorized representative and others, on terms and conditions the Council considers advisable, for the acquisition, leasing, use and development of that parcel of land within the City of Vancouver described as Block 56, District Lot 541, Plan 15375. (3) In relation to the parcel referred to in subsection (2), (a) the city may borrow amounts necessary for the purposes of acquiring, leasing, using and developing the parcel, including for the-purposes of constructing improvements on the parcel; (b) for the purpose of securing the repayment of amounts borrowed under paragraph (a) and any other amounts payable related to the acquisition, leasing, use and development of the parcel, the city may mortgage, assign or otherwise charge (i) any interest it has in the parcel, (ii) any interest or lease in the parcel that it has granted, and
102 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 191
(iii) any monies payable to the city under a lease or other interest in the parcel that it has granted. 1953-55-190; 1955-114-7; 1958-72-13; 1966-69-9, effective January 1, 1964; 1969-45-11; 1977-30-147, proclaimed effective September 30, 1977; 1984-32-7; 1992-57-4.
Power to buy and sell commodities 191. The Council shall have power with the vote of not less than two-thirds of all its members and for the period of an actual emergency to provide thait the city may buy and sell to the public gasoline, coal, wood, oil, and other fuel, and milk, fish, meat, and other foodstuffs, and may acquire and develop the necessary real property for the purpose. 1953-55-191.
City may enter into agreements pursuant to Statutes 192. The Council shall have power to make the city a party (a) to any agreement to which under the terms of any Act of the Dominion or the Province it is contemplated that municipalities may be parties and which the Council deems will be for the benefit of the city, including an agreement to borrow money in any case where the Act of the Dominion or Province authorizes or provides for the lending of money to municipalities; (b) to any agreement with Her Majesty in her right of Canada or the Province, or any of her duly authorized agents, with respect to the construction, improvement, and maintenance of any private roads or ways, sewers, water-mains, poles, wires, pipes, conduits, or other utilities, installations, or equipment at any time situate on, over, or under the surface of any real property in the city in which Her Majesty aforesaid has any interest, and for contributing in whole or in part towards the cost thereof; provided that the entering into any such agreement or the expenditure of any money by the city hereunder shall not of itself constitute any road or way aforesaid a public street or highway or be deemed to be evidence of dedication or acceptance of the same as such. 1953-55-192;1974-104-48.
Power to undertake housing development 193. The Council may acquire real property and, by removing or remodelling the buildings thereon, or by constructing dwellings thereon, develop such real property for the purpose of providing housing accommodation for such persons and on such terms as the Council shall think fit, and may maintain, improve, manage, and operate such housing accommodation, and may delegate to a board or commission appointed by the Council all or any of the powers of the Council under this section. 1953-55-193.
Power to acquire property for commercial or industrial development 193A. The Council may acquire real property for the purpose of providing sites for commercial or industrial development, and for that purpose may
Dec. 31, 1996 103 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 193B
(a) demolish any building situate thereon; (b) subdivide or resubdivide the said property; (c) provide such services, including roads, water, and sewers, as may be deemed necessary or beneficial; (d) construct such buildings or other improvements on the said property as in the opinion of the Council may be deemed advantageous; (e) notwithstanding the provisions of section 190, hold, lease, sell, or otherwise dispose of such property on terms deemed advisable by Council without . obtaining the assent of the electors; provided, however, that any lease in excess of thirty years shall contain a provision for revision of the annual rental at intervals not greater than ten years.
1954-65-2; 1964-72-3.
Power to acquire property for improvement or rehabilitation 193B. The city may acquire real property for the purpose of furthering any plan for the improvement or rehabilitation of areas which in the opinion of the Council have become or are tending to become blighted or substandard areas.
1959-107-14.
Power to achieve heritage purposes 193C. The Council may engage in activities or expend money for one or more of the following purposes: (a) to acquire, conserve and develop heritage property and other heritage resources; (b) to gain knowledge about the city’s history and heritage; (c) to increase public awareness, understanding and appreciation of the city’s history and heritage; (d) for any other activities that it considers necessary or desirable with respect to the conservation of the heritage property and other heritage resources.
1994-43-87.
Daylight saving 194. Subject to the provisions of the Daylight Saving Act, the Council may prescribe a period in each year for which the time for general purposes in the city shall be seven hours behind Greenwich time, and make regulations varying the reckoning of Pacific Standard time as defined by the Interpretation Act, and prescribe the period in each year in which the regulations so made shall be in force.
, 1953-55-194.
Insurance may be contracted for 195. (1) The Council may contract for insurance against risks that may involve pecuniary loss or liability on the part of the city, and to pay the premiums therefor, or to provide for the establishment, maintenance, and investment of a special fund to
-:______•£>______104 Dec. 31. 1996 1953 Vancouver Charter Chap. 55
Section 195A
meet such loss or liability, or any part thereof, instead of contracting for insurance against it.
(2) The council may contract for insurance or provide for the establishment and maintenance of a special fund to meet any obligation undertaken pursuant to section 180 (4).
(3) Without limiting the authority of the city to otherwise determine terms of employment for employees and officers, the Council may enter into agreements for benefits for its employees and officers and their dependants, including medical and dental services and insurance policies, and may provide all or part of a premium required by such an agreement.
(4) Without limiting section 196, the Council may enter into agreements for benefits for Council members and their dependants, including medical and dental services and insurance policies.
(5) Council may provide all or part of a premium required by an agreement under subsection (4) for accident insurance coverage for Council members on city business.
(6) Other than a premium referred to in subsection (5), the Council must not provide all or part of the premium required by an agreement under subsection (4). 1953-55-195; 1987-52-19; 1993-59-45.
Employee and officer expenses 195A. Without limiting the authority of the city to otherwise determine terms of employment, the Council may provide for one or more of the following payments: (a) all or part of the expenditures made or expenses incurred by an officer or employee when the officer or employee is (i) representing the city, (ii) engaging in city business, or (iii) attending a meeting, course or convention; (b) an allowance, daily or otherwise, for expenses incurred by an employee or officer when performing activities referred to in paragraph (a) (i) to (iii), if those expenses are not covered under that paragraph. 1993-59-46.
Council members’ remuneration and expenses 196. (1) The Council may, by by-law, provide for one or more of the following payments: (a) remuneration to Council members 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 (b) or (c); (b) all or part of the expenditures made or expenses incurred by a Council member when the Council member is
Dec. 31, 1996 105 /
Chap. 55 Vancouver Charter 1-2 ELIZ. 2
Section 196A
(i) representing the city, (ii) engaging in city business, or (iii) attending a meeting, course or convention; (c) an allowance, daily or otherwise, for expenses incurred by a Council member when performing the activities referred to in paragraph (b) (i) to (iii), if those expenses are not covered under that paragraph.
(2) A by-law under subsection (1) (b) or (c) must specify (a) the types of expenses and expenditures that may qualify for payment, and (b) the levels at which payment may be made.
(3) A by-law under subsection (1) may do one or more.of the following: (a) provide greater remuneration for the Mayor, Deputy Mayor and Acting Mayor than for other Council members; (b) limit the types of activities that may qualify for payment under subsection (1) (b) or (c); (c) set different levels for different types of expenses and expenditures. 1993-59-47.
Reporting of remuneration and expenses 196A. (1) At least once a year, the Council must have prepared a report separately listing for each Council member by name (a) the total amount of remuneration paid to the Council member under section 196 (1) (a), including any amount specified as an expense allowance, and (b) the total amount of expense payments for the Council member made under section 196 (1) (b) and (c).
(2) The report under subsection (1) must be considered by the Council at least once a year at a Council meeting that is open to the public and a copy of the report must be available for public inspection at the City Hall during its regular office hours from the date when it is considered by the Council until one year after that date.
(3) On payment of the applicable fee set under subsection (4), a person may obtain from the City Clerk copies or excerpts, as requested, of a report under subsection 0).
(4) The Council may, by by-law, set fees for the purpose of subsection (3). 1993-59-47.
By-laws may be revised 197. The Council may, as occasion requires, provide for the revision and consolidation of the by-laws of the city or any of them. 1953-55-197.
106 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 198
Provision for civic holiday 198. The Council may from time to time, by resolution, appoint a day as a civic.holiday, and the Mayor may thereupon make proclamation accordingly. 1953-55-198.
Added powers of Council 199. The Council, in addition to the powers specifically allotted to it, shall have power to do all such things as are incidental or conducive to the exercise of the allotted powers. 1953-55-199.
Expenditures to be kept within estimates 200. Except with the consent of the Lieutenant-Governor in Council, the Council shall not wilfully permit the total expenditures made in any year to exceed the amount allocated therefor in the estimates as adopted, but the Council may, except with respect to money allocated for (a) interest on debentures; (b) payments to sinking fund; (c) instalments of principal in respect of debentures; (d) amounts required for school purposes, authorize the expenditure for some other lawful purpose of money allocated in such estimates for a specific purpose; provided that if during any year it becomes apparent that revenue will exceed the estimated amount, the Council may authorize the expenditure of such excess for any lawful purpose. 1953-55-200.
Investment and expenditure of balances 201. (1) The Council may temporarily invest any money not immediately required to meet the lawful expenditures of the City in securities (a) of or guaranteed by the Government of Canada or any Province of Canada; (b) of the Greater Vancouver Regional District, the Greater Vancouver Water District, the Greater Vancouver Sewerage and Drainage District, or the City of Vancouver, which mature within one year from the date of acquisition; (c) of the Municipal Finance Authority of British Columbia which mature within one year from the date of acquisition; (d) of or guaranteed by any chartered bank in Canada; (e) or deposits in a savings institution, or non-equity or membership shares of a credit union; and thereafter to dispose of such securities, deposits, shares, or evidences of indebtedness as and when Council deems advisable.
(2) The Council may authorize the expenditure for any lawful purpose of any balance carried forward from a previous year. 1972-67-21; 1973(2ndSess.)-152-18; 1989-47-409.
Dec. .11.1996 107 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 201A
Property acquisition fund 201 A. (1) The Council may establish and maintain a property acquisition fund to be used to purchase any real or personal property that the City is authorized to acquire.
(2) The Council may, before or after the submission to the electors of a by-law or question authorizing the borrowing of monies for the acquisition of real or personal property for a designated purpose or purposes, purchase said property with monies from the property acquisition fund. (3) At such time as a by-law or question is approved by the electors authorizing borrowing for the acquisition of properties purchased as provided in subsection (2) and monies are borrowed pursuant to such authorization, the monies so borrowed shall, subject to the powers of Council contained in section 244, be paid into the property acquisition fund.
1978-41-16.
Expenditures prior to adoption of estimates 202. In any year, before the estimates are adopted, the Council may nevertheless authorize such expenditures as are necessary to carry on the business of the city, but such expen ditures shall in no case exceed the amounts expended in the previous year for the like purposes, save where not less than two-thirds Of all the members of the Council concur in such excess expenditure'.
1953-55-202.
Social planning 202A. The Council may provide for social planning to be undertaken, including research, analysis and coordination relating to social needs, social well-being and social development in the city.
1994-52-159.
Powers of Council re businesses, trades, etc. 203. Where and to the extent that the Council is authorized to regulate, license, or tax persons carrying on a business, trade, profession, or other occupation, it shall have the power to (a) divide and subdivide such businesses, trades, professions, or other occupations into as many groups or classes as it sees fit, having regard to the number of persons engaged therein, the extent of the accommodation offered to the public, or on such other basis as the Council may think expedient; (b) differentiate and discriminate between groups or classes both as to the amount of any licence fee or tax to be paid and the terms and conditions under which any group or class may or may not carry on the business, trade, profession, or other occupation;
108 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 204
(c) define any business, trade, profession, or other occupation; (d) prohibit, but only by the unanimous vote of the members present.
1953-55-203.
Authorized expenditures 204. The Council may provide for the expenditure of money for
Recognition of guests (a) the reception, entertainment, or other suitable recognition of guests or persons of importance whom the Council deems worthy thereof;
Celebrations (b) the celebration of any anniversary or other patriotic event deemed by the Council to be desirable;
Disaster relief (c) the relief of persons suffering from disaster, whether within or without the city, in cases where the Council deems such persons deserving of special assistance; (d) and (e) [Repealed 1993-59-48.]
Rewards may be offered (f) paying rewards offered by the Council to any person who furnishes information resulting in the conviction of any person guilty of any offence against any Statute of Canada or the Province or any by-law of the city;
Training to meet emergencies arising out of war, etc. (g) aiding in the training and equipment of persons organized to deal with extraordinary emergencies arising out of actual or threatened war, civil disturbance, pestilence, general conflagration, earthquake, or other major disaster;
Awards to employees . (h) awarding medals or rewards to employees of the city who distinguish themselves in or about the course of their employment;
Heritage recognition (h. 1) recognizing the heritage value or heritage character of a property or area by making awards to the owner of such property or by installing, with the consent of the owner, plaques or other markers on or near the property;
Civic periodical authorized (i) the production of a periodical or other publication containing such information as shall be deemed by the Council to be of advantage to the city;
Dec. 31. 1996 109 Chap. 55 Vancouver Charter 1-2 Eliz. 2
Section 204A
Acquisition of property for public purposes (j) acquiring real property for and establishing thereon and equipping, improving, maintaining, and providing for the management of ^ (i) public libraries; (ii) public art galleries; (iii) public museums; (iv) civic office buildings, workshops, and yards; (v.) public auditoriums; ^ (vi) public schools; (vi.l) heritage property or land necessary for the conservation of heritage property; (vii) Juvenile Courts and detention homes; (viii) recreational centres; (ix) any other buildings or premises required for municipal purposes; (k) the payment of out-of-pocket expenses incurred by any member of a board, commission, or other administrative body in the performance of his duties. 1953-55-204; 1970-54-12; 1993-59-48; 1994-43-88.
Operation of public auditorium or museum 204A. The Council may provide for the appointment of a board or commission, and may delegate to such board or commission such powers as may be deemed reasonable and necessary for the efficient operation and management of any public auditorium or public museum established pursuant to the provisions of section 204. 1956-70-6; 1959-107-15.
Freedom of the city may be bestowed 205. By unanimous vote of the members present, the Council may bestow the freedom of the city upon any person considered to merit such distinction, and thereafter such person shall, so long as the bestowal remains unrevoked, be entitled to be called a Freeman of the City of Vancouver. 1953-55-205.
Council may make grants and provide assistance 206i (1) The Council may, by resolution passed by not less than two-thirds of all its members, provide for the making of money grants to
Charity (a) any charitable institution; / .
Animal society, etc. (b) any animal or poultry society or association;
110 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 206
Preventing cruelty to animals (c) The British Columbia Society for the Prevention of Cruelty to Animals;
Archives (d) the Archives of Vancouver;
Bands, orchestras, etc. (e) any society or association promoting the production of music, whether by bands, orchestras, or otherwise;
Hospital (f) the Vancouver General Hospital or any other hospital which in the opinion of Council provides similar services;
Assisting conventions in the city (g) any organization proposing to hold a convention or meeting in the city which in the opinion of the Council will tend to the advantage of the city;
Athletic sports, etc. (h) any society or association organizing or taking part in any public exhibition, game, or contest involving athletic sport, wherever held, which in the opinion of the Council will tend to the advantage of the city;
Association of municipalities __ (i) any association comprised of municipalities which the Council deems it is in the interest of the city to belong to or assist;
Welfare organizations (j) any organization deemed by the Council to be contributing to the culture, beautification, health, or welfare of the city;
Municipal ferries (k) a municipality which operates a ferry from a wharf within the city to a wharf within that municipality. (2) The Council may, by a vote of at least 2/3 of the votes cast and subject to any terms and conditions the Council considers appropriate, provide financial and other assistance for the conservation of property that is (a) protected heritage property, or (b) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property.
1953-55-206; 1963-60-4; 1994-43-89.
Dec. 3I. 1996 111 Chap. 55 Vancouver Charter 1-2 Euz. 2 Section 206A
Sunday sport 206A. (1) Notwithstanding anything contained in the Sunday Observance Act or in any other Statute or law of the Province, where a by-law passed under subsection (2) hereof is in force and subject to its provisions, it shall be lawful for any person between one and ten o’clock in the afternoon of the Lord’s Day, commonly called Sunday, to provide for or engage in any public game or sport for gain, or for any prize or reward, or to be present at any performance of such public game or sport at which any fee is charged, directly or indirectly, either for admission to such performance, or to any place within which the same is provided, or for any service or privilege thereat, that is specified in such by-law and which but for this section would be unlawful under section 6 of The Lord’s Day Act (Canada), or to do or engage any other person to do any work, business, or labour in connection with any such public game or sport which but for this section would be unlawful under section 4 of The Lord’s Day Act (Canada). (2) (a) The Council may pass a by-law declaring subsection (1) to be in force throughout the city or in such part or parts thereof as may be specified in the by-law, and upon such by-law coming into force, subsection (1) shall apply throughout the city or in such specified part or parts, as the case may be. (b) The application of subsection (1) shall be limited to such public games or sports as are specified in the by-law. (c) [Repealed 1980-38-18, proclaimed effective August 28, 1980.] (d) Where subsection (1) applies in specified parts of the city, the limitation authorized by clause (b) hereof may differ in different parts. (e) The by-law may reduce the period of time between half past one and six o’clock mentioned in subsection (1). (f) The by-law shall provide for the regulation and control of the public games and sports specified in it and may provide for the regulation and control of any matter or thing in connection with such public games and sports. (g) (i) No by-law passed under this section shall be repealed until the fol lowing question has been submitted to the electors, and a majority of affirmative votes obtained: “Are you in favour of the repeal of the by-law passed under the authority of the Vancouver Charter that reg ulates public games and sports for gain on the Lord’s Day?” (ii) The Council may submit the question set out above to the electors. (iii) Upon the presentation of a petition requesting that the by-law passed under this section be repealed, signed by at least ten per centum of the electors of the municipality, the Council shall submit to the electors the question set out in subclause (i). (h) Any petition mentioned in clause (g) (iii) above shall be deemed to be presented when it is lodged with the City Clerk, and the sufficiency of the petition shall be determined by him, and his certificate as to its sufficiency shall be conclusive for all purposes; provided, however, that a petition that
112 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 206B
is lodged with the City Clerk in the months of November or December shall be deemed to be presented in the month of February next following.
Proclaimed for June 18th, 1958, by O. in C. No. 1465/58
(3) This section shall come into force on a day proclaimed by the Lieutenant-Governor in Council in his Proclamation.
1958-72-14; 1978-41-17; 1980-38-18, proclaimed effective August 28, 1980; 1993-54-67.
Further relief from provisions of Lord’s Day Act (Canada) 206B. (1) Notwithstanding anything contained in any other Statute or law of the Province, where a by-law passed under subsection (2) is in force and subject to its provisions, it shall be lawful for any person after half past one in the afternoon of the Lord’s Day, commonly called Sunday, or during such period or periods of time after half past one in the afternoon of the Lord’s Day as are specified in the by-law, to provide for, engage in, or be present at any exhibition of motion pictures or any theatrical performance, concert, lecture, or any other exhibition or performance at which any fee is charged for admission to such exhibition, performance, concert, lecture, or other exhibition or performance and which, but for this section, would be unlawful under section 6 of the Lord’s Day Act (Canada); or to do or engage any other person to do any work, business, or labour in connection with any such exhibition of motion pictures, theatrical perfor- mance, concert, lecture, or other exhibition or performance, as the case may be, which, but for this section, would be unlawful under section 4 of the Lord’s Day Act (Canada).
(2) The Council may pass a by-law declaring subsection (1) to be in force throughout the city or in such part or parts thereof as may be specified in the by-law, and upon such by-law coming into force, subsection (1) shall apply throughout the city or in such specified part or parts, as the case may be.
(3) The by-law may specify and differentiate between different types of exhibitions of motion pictures, theatrical performances, concerts, lectures, or other exhibitions or performances, and may permit some and prohibit others.
1963-60-5.
Pensions for Council members
206C. The Council may, subject to the approval of the Lieutenant-Governor in Council, by by-law, provide a pension for any member of Council, or any person who was a member of Council on December 31st, 1972, who has served for a period of not less than ten years.
1970-54-13:1973-93-7.
Dec. 31, 1996 113 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 206D
Time as M.P. included 206D. A by-law under section 206C may provide that, for the purpose of determining eligi- ' bility, time served as a Member of Parliament shall be deemed to be time served as a member of Council.
1972-38-6.
Part IV — Duties of Mayor, Director of Finance, City Clerk, City Treasurer, and Auditors
Mayor
Status of Mayor 207. (1) The Mayor shall be the chief executive officer of the city and the' president of the Council. (2) Notwithstanding any other provision of this Act, the Council may, from time to time, with the concurrence of the Mayor, appoint a Councillor to be Deputy Mayor of the city, and may confer upon him such of the powers and duties by this Act vested in the Mayor as the Council shall think fit.
1953-55-207; 1992-57-1; 1993-59-49; 1993-74-1.
Mayor’s duties 208. The Mayor shall
To enforce law for government of city (a) be vigilant and active at all times in causing the law for the government of the city to be duly enforced and obeyed;
To make recommendations to Council (b) recommend to the Council such measures as he shall deem expedient;
Oversee employees’conduct (c) oversee and inspect the conduct of all employees of the city under the juris diction of the Council, and, so far as he can, cause all negligence or misconduct by any such employee to be punished;
Power to suspend (d) suspend from his employment, if he thinks necessary, any such employee. The Mayor shall forthwith give notice in writing of such suspension (i) to the Director of Finance; and (ii) to the City Clerk, who shall inform the Council at its next regular meeting.
■ 114 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 209
The suspension shall continue until the Council either (i) reinstates the employee; or (ii) dismisses the employee. In every case the suspension shall be without pay, unless the Council otherwise directs.
1953-55-208:1965-68-29.
Acting-Mayor 209. If at any time the Mayor is absent, or signifies his intention of being absent, from his duties through illness, departure from the city, or other cause, or his seat is vacated, the Council may appoint a Councillor to be Acting-Mayor. In the absence of the Mayor, the Acting-Mayor shall, during the period for which he is appointed, have all the powers and duties of the Mayor; provided, however, that the Acting-Mayor shall not take the place of the Mayor as Chairman of the Board of Administration unless the councillor member of the Board is absent from the city or otherwise unable to act as Chairman of the Board.
1953-55-209; 1960-80-15; 1992-57-1; 1993-74-1.
Director of Finance
Director of Finance 210. There shall be a Director of Finance appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe.
1953-55-210; 1965-68-29.
Duty to advise Council 211. The Director of Finance may, whenever he thinks fit, and shall, whenever required by the Council so to do, advise the Council on the financial position of the city or any phase thereof and make recommendations with respect to the administration, co-ordination, and efficiency of the city’s affairs and the systems under which they are carried on.
1953-55-211;1965-68-29.
To have control — 212. The Director of Finance shall exercise a general control and supervision
Oyer revenue (a) over the collection and application of the revenues of the city of every description, and over the lawful expenditure thereof;
Debentures and sinking fund (b) over the sale, realization, and redemption of debentures of the city, and oyer the sinking funds of the city;
Dec. 31, 1996 115 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 213
(c) [Repealed 1985-89-2.]
All financial matters (d) over all other financial affairs of the city. 1953-55-212; 1965-68-29; 1985-89-2.
How money disbursed 213. No money shall be disbursed by the city except on the warrant of the Director of Finance, to be drawn upon the Treasurer, specifying the fund out of which payment is to be made. Such warrant need not be signed by the Director of Finance if it is initialled by him, or by some person authorized by him for the purpose. ' 1953-55-213; 1958-72-15; 1965-68-29.
Examination of accounts before warrant issued 214. It shall be the duty of the Director of Finance to cause all accounts and claims against the city to be examined and verified before he draws a warrant for their payment. 1953-55-214; 1965-68-29.
Council to authorize disbursements 215. With the exception of small amounts necessary, in the opinion of the Director of Finance, to meet an emergency, he shall not draw his warrant for payment unless such payment has been authorized by the Council. 1953-55-215; 1965-68-29.
Provision for advance authorization 216. The Council may, for periods of not more than twelve months at a time, give the authorization referred to in section 215 in advance, but every warrant for a payment so authorized in advance shall be reported in writing by the Director of Finance to the City Clerk, for the information of the Council, within fifteen days after the end of the month in which the warrant is drawn. 1953-55-216; 1965-68-29.
Deduction where payee indebted to city 7 217. In drawing a warrant in favour of any person indebted to the city, or the assignee of such person, the Director of Finance may require the deduction of the amount of such person’s indebtedness to the city. 1953-55-217;.1965-68-29.
Fund to be adequate 218. No warrant for payment shall be drawn unless there is sufficient money in the fund out of which the payment is to be made to meet the warrant. 1953-55-218.
116 Dec. 31, 1996 1953 Vancouver Charter Chap. 55 Section 219
Director of Finance to report on revenue and expenditure 219. The Director of Finance shall, as soon as practicable in each year, and in any event by the thirtieth day of April, cause to be prepared and shall submit, to the Council a report setting out his estimate in detail of the anticipated revenues and expenditures of the city for that year.
1953-55-219; 1965-68-29.
City Clerk
City Clerk 220. There shall be a City Clerk appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe.
1953-55-220.
Making and custody of records 221. He shall keep an accurate record of all resolutions, transactions, and other business and proceedings of the Council and its committees, and shall safely preserve and keep in his custody all such records.
1953-55-221.
_ And of by-laws 222. He shall have the custody of all by-laws from the time they are introduced, and, having seen to their proper completion, he shall preserve and keep the originals thereof.
1953-55-222.
To attend meetings 223. He, or someone authorized by him, shall be available to attend all meetings of the Council and its committees in a secretarial capacity.
1953-55-223.
Proof of documents in Court 224. A copy of any record, book, or document in the possession or under the control of the City Clerk purporting to be certified under his hand and seal of the city may be filed and used in any Court in lieu of the original, and shall be received in evidence without proof of the seal or the signature or official character of the person appearing to have signed the same, and without further proof, unless the Court otherwise directs.
1953-55-224.
Seal in custody of City Clerk 225. He shall have the custody of the common seal of the city, and shall cause it to be N affixed as required.
1953-55-225.
Dec. 31. 1996 117 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 226
City Treasurer
City Treasurer 226. There shall be a City Treasurer appointed by the Council who shall have such duties and powers in addition to those provided,by this or any other Act as the Council may from time to time prescribe. 1953-55-226.
Receives and disburses all moneys 227. He shall receive all moneys paid to the city from whatever source, and shall pay out the same only on the warrant of the Director of Finance. 1953-55-227; 1965:68-29.
To keep complete accounts 228. He shall keep a complete and accurate account of all moneys by him received and by him disbursed. 1953-55-228.
To hold sinking fund securities 229. He shall, together with the Director of Finance, have the custody of all securities held by the city for sinking fund purposes otherwise than those in a bank. 1953-55-229; 1965-68-29.
Auditors
Appointment of Auditor 230. (1) The Council shall, not later than the first Council meeting in each year, appoint a firm of chartered accountants or certified general accountants to audit the accounts and transactions of the city and of every other administrative body.
Limitations of appointment (2) No firm of chartered accountants or certified general accountants shall be appointed as auditors, any member of which is or was, during the year previous to the appointment, employed by, or is or was a party to, any contract with the city or other administrative body other than as auditor or as a consultant in respect of any of the affairs of the city.
Removal of auditors (3) The auditors’ appointment may be terminated at any time for cause upon a vote of two-thirds of all the members of the Council.
Remuneration to be paid auditors (4) The auditors so appointed shall be paid such fee as shall be agreed upon. 1974-104-31; 1993-74-2.
118 Dec. 31, 1996 1953 Vancouver Charter Chap. 55 Section 231
Duties and powers of auditors 231. The duties and powers of the auditors are as follows: — (a) the auditors shall make such examination as is consistent with good auditing practice of the records, including the books, documents, accounts, vouchers, receipts, investment securities, debentures, and matured debentures paid, of the city (including those of any sinking fund provided for under this Act) or relating to any matter or thing under the jurisdiction or control of the Council or of any other administrative body; (b) the auditors shall make a report to the Council on or before the thirtieth day of April in the next following year on the balance sheets and statements of ■ revenue and expenditure of the city and of any other administrative body, and such report shall state whether in their opinion the balance sheets and statements of revenue and expenditure of the city or other administrative body referred to in the report present fairly the financial position of the city or other administrative body as at the thirty-first day of December and the results of the operations of the city for the year then ended in accordance with accounting principles generally accepted for municipal financial reporting, applied on a basis consistent with that of the preceding year; . (c) the auditors shall further report to the best of their knowledge and ability (i) in what respect they find the books, documents, accounts, or vouchers incorrect, or lacking proper authority under this Act, or under any by-law or resolution adopted or passed hereunder; (ii) in what respect any disbursement, expenditure, liability or transaction is without apparent authority.
1974-104-31.
Duty to report in certain cases 232. The auditors shall, without delay, report in writing with particulars to the Mayor and the Board of Administration if, in their opinion, (a) any payment made or authorized by the city or other administrative body is without apparent authority; (b) any sum which ought to have been brought into account by any person or persons has not been brought into account; (c) any loss or deficiency has been incurred owing to the negligence or misconduct of any person; and the Mayor shall cause such investigation to be made as he thinks necessary.
1974-104-31.
Added duties 233. The duties of the auditors shall include (a) the examination, upon request of the Council, of the accounting arrange ments and methods of the city or other administrative body, or of any
Dec. 31, 1996 119 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 234
proposed amendment thereof, and the submission of their recommendations as a result of such examination; (b) such other duties not inconsistent with those required of them by this Act as may from time to time be included in the terms of their appointment.
1974-104-31.
Duty of Council and officers to assist auditors 234. Every member of Council, and every officer or employee of the city, and every member and servant of any other administrative body, shall make available all records, books, and documents necessary for the audit or required by the auditors, and shall give the auditors every reasonable facility and furnish full information and explanation concerning the affairs of the city or other administrative body necessary for the performance of their duties as auditors.
1974-104-31.
Powers of auditors, call for books and documents 235. (1) For the purpose of, and in connection with, any audit under this Act, the auditors may, by summons in writing, require (a) the production before them of all records, books, deeds, contracts, accounts, • vouchers, receipts, and other documents and papers; (b) the production before them of all moneys and securities; (c) any person holding or accountable for any such records, books, deeds, contracts, accounts, vouchers, receipts, documents, papers, money, or securities to appear before them at any such audit, and to make and sign a declaration as to the correctness of the same.
(2) A person who neglects or refuses to comply in any respect with a summons issued under subsection (1) is liable for each neglect or refusal, on summary conviction, to a penalty not exceeding one hundred dollars.
(3) A person who falsely or corruptly makes or signs any such declaration as aforesaid, knowing the same to be untrue in any material particular, is liable, on summary conviction, to a penalty not exceeding five hundred dollars.
1974-104-31.
Restriction on removal of records, books, and other documents from city office 235A. (1) The auditors shall not, without the sanction of the Council or without an order of a Judge of the Supreme Court, remove or cause to be removed any records, books, deeds, contracts, accounts, vouchers, receipts, documents, papers, money, or securities from the office of the city or other place where the same may repose for safe-keeping.
120 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 235B
(2) Nothing in this section prohibits the auditors from transferring records, books, deeds, contracts, accounts, vouchers, documents, or papers from one office of the city to another for the convenience of the audit. 1974-104-31.
Rights of electors 235B. (1) Any elector of the city may, in writing, lodge with the auditors an objection to any item of account or other matter relating to an audit then in process. (2) Upon receipt of any objection as provided for in subsection (1), the auditors shall appoint a time and place for dealing with the objection, and shall give notice thereof to such elector. (3) The auditors shall consider the matters before them, and if in their opinion the objection comes within the scope of section 232, they shall forthwith proceed in the manner set out therein. (4) Nothing in this Part shall be construed to prevent an elector, or a group of electors, from exercising any right to take action for recovery on behalf of the city. ' 1974-104-31.
Part V — By-laws for Contracting Debts
Limit of borrowing power 236. (1) The Council may pass by-laws for contracting debts by borrowing money or otherwise for any authorized purpose, in such currencies whether of Canada or some other country as the Council deems expedient, and for levying taxes on the real property in the city liable to taxation for the payment of such debts, but the aggregate of the debt so contracted shall not at any time be increased so as to exceed twenty per centum of the total assessed value of such real property calculated upon the average assessment for the two years prior to the year in which the by-law is passed. The debentures issued therefor may be made payable at such places, within or without Canada, and in such currencies, whether of Canada or some other country, as the Council deems expedient, and if the debentures are, or have been, made payable in lawful money of the United States of America, a dollar so payable shall, for the purpose of such calculation or of any other calculation directed towards ascertaining whether or not any proposed borrowing is within the power of Council, be deemed to be the equivalent of a dollar payable in lawful money of Canada. (2) Any tax now or hereafter imposed by a by-law providing for the issue of debentures may be levied and collected, under such by-law, as soon as the by-law is passed. 1953-55-236.
Dec. .11, 1996 121 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 237
When by-law takes effect 237. The by-law shall name a day in the year in which it is passed upon which the by-law shall take effect.
1953-55-237.
When debt repayable 238. All debentures shall be issued within five years after the passing of the by-law, and the whole debt shall be made payable within fifty years at most from the day on which the by-law takes effect.
1953-55-238.
Sinking fund and serial debentures 239. (1) In respect of a debt so contracted, and subject to subsection (2), the by-law may provide for the issue of
Sinking fund debentures (a) debentures or stock the entire principal of which is payable as provided in the by-law, and the interest is payable annually or semi-annually. The by-law shall provide (i) that a sum shall be levied and raised in each year by way of real-property taxes sufficient to pay interest on the debt during the currency of the debentures or stock; (ii) that a sum which, if set aside annually, together with the estimated interest compounded annually on the investment of all such sums at a rate to be set out in the by-law will be sufficient to pay the principal of the debentures or stock when due, shall be levied and raised in each year by way of real-property taxes;
Serial debentures (b) debentures the interest on which is to be paid annually or semi-annually and the principal of which is to be met by the payment of a specific sum or instalment as provided in the by-law during the currency of the debentures. The by-law shall provide that a sum .shall be levied and raised by way of real-property taxes in each year during the currency of the debentures for the payment of the interest, and that a sum shall be so levied and raised in each such year for the payment of the instalments of principal as they become due.
(2) Where all or part of the moneys required to be levied and raised in any year under subsection (1) have been provided in advance in accordance with sections 262 and 247A, or either section, then the moneys so provided need not be levied and raised in that year.
1953-55-239; 1964-72-5; .1969-45-12; 1973-93-8.
122 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 239A
Borrowing from Greater Vancouver Regional District 239A. (1) Where, pursuant to this Act, the Council is authorized to borrow sums of money, the Council may by by-law or resolution enter into an agreement with the Greater Vancouver Regional District to provide that any or all of the money so authorized may be borrowed from the said district. The said agreement may contain such terms and conditions as are lawfully required by the said district.
(2) Where the city enters into an agreement with the Greater Vancouver Regional District to borrow money, it shall not be necessary for the city to issue debentures with respect to such borrowing, and section 239 shall not apply to such borrowing.
(3) Where the city enters into an agreement with the Greater Vancouver Regional District to borrow money, the Council shall, prior to receiving the money from the said district, pass a by-law providing that a sum shall be levied and raised by way of real-property taxes in each year sufficient to provide for payment of interest and repayment of the principal sum borrowed.
(4) . Where the said district issues debentures to raise the money for the city pursuant to this section, and such debentures require the establishment and maintenance of a sinking fund, the city may pay to the said district in each year all sums of money required to pay the interest on the debentures together with such sums as are required to be paid into the sinking fund.
1969-45-13.
Recitals in money by-laws 240. (1) A by-law passed under the provisions of this Part shall recite (a) the amount of the debt which the by-law is intended to contract and, in brief and general terms, the object for which it is to be contracted; (b) the value according to the last revised assessment roll of all the real property in the city liable to taxation; (c) the total amount of the existing debenture debt of the city, as at the date of the first reading of the by-law, and how much, if any, of the principal or interest thereof is in arrears as at the said date.
(2) Clauses (b) and (c) shall not apply to a by-law passed pursuant to sections 263 and 264.
1953-55-240:1970-54-14.
Debt may be callable 241. A by-law passed under the provisions of this Part and the debentures issued thereunder may provide that the debentures, or a portion thereof, may be called in and paid at any time before maturity upon such terms as to notice or otherwise as may be specified in the by-law.
1953-55-241.
Dec. 31, 1996 I 23 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 242
What borrowing to be submitted to electors 242. (1) Except as otherwise provided in this or any other Act, the Council shall not contract any debt, the full payment of which is not provided for in the estimates adopted for the current year, unless a by-law authorizing it has been passed with the assent of the electors. (2) Subsection (1) shall not apply to any debt contracted for any of the following purposes: — (a) The construction, installation, maintenance, replacement, repair, and regulation of a waterworks system, including water mains and other water pipes, valves, fittings, hydrants, meters, and other necessary appliances and equipment, for the purpose of the distribution and supply of water, and for acquiring real property and easements therefor: (b) The construction, installation, maintenance, replacement, repair, and regulation of a system of sewerage and drainage, including all necessary appliances and equipment for such purposes, and for acquiring real property and easements therefor: (c) Any debt or obligation contained in a contract for the supply of materials, equipment or services, professional or otherwise, required for the operation of the city: (d) Any debt or obligation contained in an agreement for the acquisition by lease of real or personal property. (d.l) A mortgage or other obligation for the purposes of section 190 (1) (a) in order to secure an amount owing under an agreement to acquire real or personal property, if the mortgage or other obligation is for a period of 10 years or less. (e) Borrowing under any agreement made pursuant to section 192 (a) for the purpose of the development or redevelopment of the False Creek Area or for creating housing (for the purposes of this subsection, the “False Creek area” shall be generally all that area of land and land covered by water bounded by Cambie Street and Connaught Bridge on the east, the south side of Sixth Avenue on the south, Burrard Street and Burrard Bridge on the west, and the Harbour Headline on the north side of False Creek on the north). 1953-55-242; 1969-45-14; 1970-54-15; 1974-104-49; 1993-74-3.
Valid after expiration of month 243. Any by-law so passed and any debenture issued pursuant thereto shall be absolutely valid and binding according to the terms thereof, and shall not be questioned on any ground whatever unless within one month after the final passing of the by-law (a) a notice of application to quash the by-law under Part XXV of this Act has been served on the city; or
124 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 244
(b) an action has been commenced in a Court of competent jurisdiction to^set the by-law aside.
1953-55-243.
Provision for amendment or diversion 244. When any such by-law is so passed, it shall not be amended or repealed by the Council except with the consent of the Lieutenant-Governor in Council, but, without such consent, (a) a new by-law may be submitted for the assent of the electors authorizing the diversion to some other purpose of the proceeds of the by-law so passed in whole or in part, and if such new by-law receives the assent of the electors, the proceeds may be diverted to such other purpose; or (b) if a part of the proceeds of a by-law passed under the provisions of this Part is not required for its objects or purposes, the Council may transfer such part to the sinking fund or to a repayment fund in respect of that by-law; (c) the Council may, by a two-thirds vote of all its members, divert to some other purpose the proceeds of a by-law passed pursuant to section 245.
1953-55-244.
Borrowing over a period of years 245. (1) If the assent of the electors is obtained to a question under this section, the Council has the power, without the further assent of the electors, to borrow money for the purposes specified in the question during the period specified in the question, subject to the limit that the specified period may not be longer than 10 years. (2) A question under this section must set out the following: (a) the maximum total amount proposed to be borrowed; (b) the number of years during which Council may exercise its authority under this section to borrow money without the assent of the electors; (c) the proposed projects for which the money is to be borrowed and the amount allocated for each; (d) a statement that, if the question receives the assent of the electors, the Council has the power, without the further assent of the electors, to pass by-laws as and when Council considers appropriate to borrow money for the projects described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question. (2.1) An authority to borrow under subsection (1) is an authority to pass by-laws to borrow by the issue of debentures in an aggregate principal amount not greater than the amount specified in the question and, for these purposes, the provisions of this Part relating to the borrowing of money and the issue of debentures apply. (3) The Council by a vote of not less than two-thirds of all its members may, without the assent of the electors, during the period of years set out in the question or the
Dec. 31, 1996 125 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 245A
extended period referred to in subsection (4), vary the projects and amounts so listed so long as the aggregate is not exceeded. (4) Notwithstanding the provisions of subsections (1) and (2), if any of the projects, or any part thereof, approved pursuant thereto, is delayed for any reason, the Council shall have the power to pass by-laws to borrow the funds necessary to carry out the said project without the assent of the electors at any time within seven years after the last year mentioned in the question submitted to the electors. (5) In any question submitted pursuant to subsection (1), the Council may include as a project the increase in the amount of any property acquisition fund. 1953-55-245; 1956-70-7; 1961-76-4; 1963-60-6; 1968-71-13; 1970-54-16; 1974-104-32; 1978-41-18; 1993-54-68.
Expenditure for providing information to electors 245A. When a question is submitted to the electors pursuant to the provisions of section 184 or 245, or a by-law requiring the assent of the electors is submitted to the electors pursuant to this Part, it shall be lawful for Council to expend funds for the purpose of providing the electors with information with respect to the question or the by-law. 1964-72-6.
Conditions of borrowing 246. The power conferred by section 245 shall not be exercisable (a) at any time when any portion of any debenture debt of the city which has matured or become payable remains unpaid after a demand in writing for payment of any portion thereof has been made; (b) unless the city, up to the time of the exercise of such power, has made all levies required by law for sinking fund purposes. 1953-55-246.
Issue of debentures to repurchase or redeem earlier debentures 247. The Council may provide for the issue of new debentures in order to repurchase, call in or redeem any debentures or stock previously issued by the city, subject to the requirements that the new debentures (a) must be issued before the date of maturity of the debentures or stock to be repurchased, called in or redeemed, and (b) must mature not later than 10 years after the date of maturity of the debentures or stock to be repurchased, called in or redeemed. 1993-74-4.
Debt repayment fund 247A. Where for any cause it appears expedient to provide funds in advance of requirements for the retirement at maturity of outstanding debentures of the City and the annual interest payments thereon, or either of them, the Council may by by-law provide that all or part of any surplus moneys be set aside in a debt repayment fund. The moneys
126 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 248
so set aside may be invested in the manner provided in section 260 and the interest thereon shall form part of the fund. The moneys so set aside, together with any interest thereon, shall be used only for the purpose of reducing the annual levy required to be made under section 239 for outstanding debentures.
1964-72-7.
Debentures
How executed
248. (1) Debentures shall be sealed with the common seal of the city, and shall bear the facsimile signature of the Mayor and be signed by the City Treasurer or such other person as may be designated by by-law.
(2) Notwithstanding subsection (1), the by-law authorizing the issuance of debentures may provide that the common seal of the city, the signature of the Mayor and the signature of the City Treasurer or other designated person, may be stamped, printed, lithographed or otherwise reproduced.
(3) The seal of the city, when so reproduced, shall have the same force and effect as if manually affixed, and the reproduced signature of the Mayor or City Treasurer or other designated person shall, for all purposes, be valid and binding on the city, notwithstanding that the person whose signature is so reproduced has ceased to hold office before the date of the debenture or before its date of delivery.
1953-55-248; 1985-89-3.
Issue and servicing of debentures
248A. Where a by-law has been passed authorizing the issue of debentures, then, notwith standing anything contained in this Act, the Council may engage a person or persons within or without Canada who may be authorized to conduct all business connected with the issue and servicing of the debentures and, without limiting the generality of the foregoing, any of the following matters:
(a) The signing and issuance of the debentures in accordance with the by-law authorizing their issuance;
(b) The receiving from time to time on behalf of the city of all moneys raised by the issue of the debentures;
(c) The registration and transfer of the debentures;
(d) The transfer of the registration of the debentures from one place of registry to another;
(e) The payment of interest and the principal amount of the debentures as the same become payable.
1973-93-10.
Dec. 31. 1996 127 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 249
Coupons 249. Debentures may have coupons for the interest attached to them, and such coupons shall bear the facsimile signature of the Mayor and of the City Treasurer or such other person so designated.
1953-55-249.
How payable 250. Debentures may be made payable to bearer, or to a named person or bearer.
1953-55-250.
Payable in full 251. Debentures shall be valid and recoverable to the full amount, notwithstanding their negotiation by the city at a discount.
1953-55-251.
Provision for registration 252. Debentures may contain or have endorsed upon them a provision to the following effect: “This debenture, or any interest therein, shall not, after a memorandum of ownership has been endorsed thereon by the City Treasurer, be transferable except by entry by the Treasurer or his deputy in the Debenture Registry Book of the city.” And in such case the Treasurer, on the application of the owner of the debenture, shall endorse upon the debenture a memorandum of ownership signed by him, and shall enter in a book to be known as the “Debenture Registry Book” the particulars contained in such memorandum, and he shall also enter in such book the particulars of every transfer of such debenture.
1953-55-252.
How authorized 253. A memorandum of transfer of ownership shall be endorsed upon a debenture only upon the written authorization of the person last entered in such book as the owner of such debenture, which authorization shall be retained by the City Treasurer.
1953-55-253.
Effect of endorsement 254. After a memorandum of ownership has been endorsed as aforesaid, the debenture shall be transferable only by entry by the City Treasurer, or his deputy, in the Debenture Registry Book.
1953-55-254.
Provision for cancellation 255. On the written request of the person named as owner in such memorandum of ownership, the City Treasurer may, notwithstanding the provisions of section 252, cancel such memorandum of ownership and entry in the Debenture Registry Book and thereby constitute the debenture one payable to bearer.
1953-55-255.
128 Dec. 31.1996 1953 Vancouver Charter Chap. 55 Section 256
City not concerned with trusts 256. Neither the city, nor any employee or agent of the city, is bound to see to the execution of a trust, whether express, implied or constructive, to which a city debenture or security is subject. 1984-32-8.
Lost debenture may be replaced 257. Where a debenture is iost, destroyed, or defaced, the Council may provide for the replacing of the same on the production of such proof of its loss, destruction, or defacement and upon such terms as to indemnity and otherwise as the Council may provide. . 1953-55-257.
Sale of debenture 258. The proceeds of the sale by the city of any debenture shall, save as otherwise provided by this Act, be used only for the purpose for which they were raised, and shall not be used for other expenditures of the city. 1953-55-258; 1985-89-4.
Expenditure may be delayed 259. Until such time as the proceeds from the sale of debentures are expended, the Council may (a) temporarily invest such funds or any part thereof in securities (i) of or guaranteed by the Government of Canada or any Province of Canada; (ii) of the Greater Vancouver Regional District, the Greater Vancouver Water District, the Greater Vancouver Sewerage and Drainage District, or the City of Vancouver, which mature within one year from the date of acquisition; (iii) of the Municipal Finance Authority of British Columbia which mature within one year from the date of acquisition; (iv) of or guaranteed by any chartered bank in Canada; (v) or deposits in a savings institution, or non-equity or membership shares of a credit union; and thereafter to dispose of such securities, deposits, shares, or evidence of indebtedness as and when Council deems advisable; and (b) temporarily use such funds or any part thereof for other expenditures of the city pending the collection of current taxes each year; provided, however, that the use of such funds shall be limited to the period from the first day of January to the fifteenth day of July in each year, and such funds shall be returned to Capital Account on or before the fifteenth day of July in the year so used. A 1953-55-259; 1961-76-5; 1972-67-22; 1973(2nd Sess.)-152-18; 1989-47-410.
Dec. 31. 1996 129 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 260
Sinking fund investments 260. Council may invest any sums set aside for sinking fund purposes in securities (a) of or guaranteed by the Government of Canada or of or guaranteed by a Province of Canada; (b) of or guaranteed by any chartered bank in Canada; (c) of the Greater Vancouver Water District or the Greater Vancouver Sewerage and Drainage District; (d) of the City of Vancouver; (e) of the Greater Vancouver Regional District; (f) of the Municipal Finance Authority of British Columbia; (g) or deposits in a savings institution, or non-equity or membership shares of a credit union. 1972-67-23; 1973(2nd Sess.)-152-18; 1989-47-411.
Sinking fund accounts 261. It shall be lawful to keep a consolidated account of the accumulated instalments and interest on all debenture debts, but in any case the accounting records shall at all times exhibit the accumulated reserve with respect to every separate debenture debt. 1953-55-261.
Provision for transfer of surplus to sinking fund 262. The Council may provide that any surplus moneys in the hands of the City Treasurer, not appropriated to any specific purpose, shall be transferred to the sinking fund in respect of any debenture by-law, and shall be subject to investment accordingly. 1953-55-262.
Borrowing pending collection of real-property taxes 263. The Council, without the assent of the electors, may by by-law authorize the Director of Finance or some other person to borrow on behalf of the city for such period as Council may deem fit by way of promissory note or overdraft such sum of money as Council may deem necessary to meet the lawful expenditures of the city pending the collection of real-property taxes and amounts receivable from other governments. In any such by-law, the Council may provide for the hypothecation, subject to any prior charge thereon, to the lender, of any amounts receivable from other governments and the whole or any part of the real-property taxes then remaining unpaid, together with the whole or part of the real-property taxes to be levied for the year in which the by-law is passed. Provided, however, that if the by-law is passed before the passing of the rating by-law, the amount of the current taxes that may be hypothecated shall be not more than seventy-five per centum of the real-property taxes levied in the next preceding year. 1953-55-263; 1970-54-17.
130 Dec. 31. 1996 1953 Vancouver Charter , Chap. 55 Section 264
Borrowing pending sale of debentures 264. Council, without the assent of the electors, may, by by-law, authorize the Director of Finance or some other person to borrow on behalf of the city by way of promissory note or overdraft such sum of money as Council may deem necessary to meet the lawful expenditures of the city pending the sale of debentures. In any such by-law the Council may provide for the hypothecation to the lender of the proceeds of such debentures for the repayment of the sum borrowed and interest thereon.
1953-55-264; 1970-54-17.
265. [Repealed 1970-54-17.]
266 to 267A and 268. [Repealed 1993-54-69.]
Part VI — Licences
Chief Licence Inspector 269. There shall be a Chief Licence Inspector who, in addition to the powers and duties provided by this Act, shall have such powers and duties as the Council may assign to him from time to time.
1953-55-269; 1968-71-14.
Powers of inspection 270. The Chief Licence Inspector shall have power to make or cause all necessary inspections to be made to ascertain whether the provisions of any Statute, regulation, or by-law assigning powers or duties to him or his staff are being carried out in the city.
1953-55-270.
Duty to give access and information 271. It shall be the duty of the owner and occupier of any real property in the city to give to the Chief Licence Inspector, and to any member of his staff authorized by him for the purpose, such access at any reasonable hour to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable necessary inspection to be made.
1953-55-271.
By-laws for — 272. (1) The Council may from time to time make by-laws
Licensing (a) for providing for the licensing of any person carrying on any business, trade, profession, or other occupation;
Dec. 31, 1996 131 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 272
Fixing fees (b) for fixing the fee for the granting of any permit or of any licence, which may be in the nature of a tax for the privilege conferred by it; '
Enforcement (c) for providing for enforcing payment of any licence fee, and for prohibiting any person from carrying on any business, trade, profession, or other occupation without first being licensed therefor;
Regulating fuel-dealers, hours of delivery, weigh-scales (d) for regulating persons who sell or deliver fuel, or offer the same for sale or delivery, and for regulating the dimensions and capacity of the boxes or containers on vehicles in which fuel is delivered and for requiring that the capacity of each such box or container shall be plainly marked thereon, and for requiring such persons to furnish a statement with each delivery of fuel showing its price and description and such other-information as the by-law may direct, and for providing for the seizure and forfeiture of fuel offered or intended for sale which does not comply with any provision of the by-law, and for regulating the delivery of fuel during certain hours and in certain areas as designated in the by-law, and for establishing and maintaining public weigh-scales and for fixing the fees to be taken for their use;
Special licence re vehicles (e) for licensing every person using upon any street any vehicle for the purpose of any business, trade, profession, or other occupation, and for classifying such Vehicles and giving effect to such classification in fixing the licence fee;
Extent of regulation -* (f) for regulating every person required to be licensed under this Part, except to the extent that he is subject to regulation by some other Statute;
Weight to be fixed, to be labelled, and wrapped, and regulated as to delivery (g) for fixing the weights of loaves or packages of bread sold or offered for sale, and for prohibiting the sale of such loaves or packages having weights other than those so fixed, and for requiring that all bread offered for sale shall bear a label showing the name and address of its manufacturer and the weight thereof, and for requiring that all bread offered for sale shall be wrapped in such manner as is prescribed in the by-law, and for regulating the manner of handling and delivering bread in and from bakeries, stores, and vehicles, and for authorizing the seizure and forfeiture of bread which does not comply with any provision of the by-law;
132 Dec. 31. 1996 1953 Vancouver Charter Chap. 55
\ Section 272
Licences in respect of dogs (h) for licensing every person who owns, possesses, or harbours any dog;
Transfer of licences (i) for regulating the transfer of a licence from a person holding a licence to some other person, and, where permission is given, for prescribing the terms thereof;
Revocation (j) for revoking or suspending any licence;
Delegation of power to grant licences (k) for delegating to the Chief Licence Inspector, where deemed proper, the power to grant a licence in cases where he is satisfied that the applicant therefor has complied with the requirements of the relevant by-laws;
Fixing times for payment (1) for fixing times for the payment of licence fees, and for fixing and imposing a penalty upon persons required to be licensed who fail to pay the licence fee by the times so fixed;
Vending-machines (m) for licensing persons who make available for the operation by other persons any lawful automatic or slot machine used, or intended to be used, for the purpose of vending merchandise or services. The persons so licensed may be the owners of such machines or may be the occupiers of the premises where they are operated;
Members’ clubs (n) for licensing, regulating, and defining clubs which are not subject to being licensed under this Part as carrying on a business, and for requiring such clubs at all times to have a manager and for licensing such manager;
Solicitors for charity, etc. (o) for licensing persons who solicit or collect gifts or alms, or the promise thereof, for others, whether in the form of money, merchandise, or otherwise, and for preventing such soliciting or collecting on any street without a permit issued under the provisions of the by-law;
Charitable and other shows, etc. (p) for licensing persons who conduct or manage bazaars, shows, exhibitions, and entertainments for, or represented to be for, charity or any humani tarian, philanthropic, or patriotic object;
Dec. 31. 1996 133 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 273
Licensee not to discriminate (q) for providing that a licensee under this Part shall not refuse to sell any goods or furnish any service or accommodation to a person by reason only of such person’s race, creed, colour, religion, sex, marital status, physical or mental disability, nationality, ancestry, place of origin or political beliefs;
Juveniles in poolrooms, etc. (r) regulating the presence of boys or girls less than eighteen years of age in poolrooms, arcades, public dance-halls, billiard-halls, or bowling-alleys and defining any terms used in this clause. (2) Notwithstanding anything to the contrary in this Act or any by-law under this section, the maximum licence fee for a manufactured home park as defined in the Manufactured Home Tax Act shall not exceed the amount prescribed under the Manufactured Home Act in respect of any one licence period. 1953-55-272; 1960-80-2; 1962-82-7; 1969-45-16; 1977-40-51 (as renumbered), proclaimed effective April 1, 1978; 1984-32-9; 1985-89-5; 1990-53-12.
Term of licence 273. A licence shall terminate on the thirty-first day of December of the year in which it is granted, and, save that the licence fee may, if the Council so provides, be reduced by one-half in respect of a person who becomes liable to be licensed only after the thirty-first day of July in any year, there shall be no reduction in the amount of the fee by reason of the shortness of the licence period; provided, however, that where, a business, trade, profession, or other occupation is normally carried on in the city for a shorter period than a year, the licence may be granted for such shorter period as the Council decides. 1953-55-273.
Payable in advance 274. Licence fees imposed under this Part shall be payable in advance. 1953-55-274.
Powers discretionary 275. The granting or refusing of a licence to an applicant therefor, and the revocation or suspension of a licence which has been granted, shall be deemed to be in the discretion of the Council, and the Council may grant, refuse, revoke, or suspend a licence without stating any reason therefor, save in respect of a licensee who by reasonable efforts cannot be found, the Council shall not revoke a licence without giving the holder thereof an opportunity to be heard. 1953-55-275.
Licence for each place of business 276. A person who maintains more than one place at which he carries on a business, trade, profession, or other occupation shall be deemed to be carrying on his business, trade,
134 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 277
profession, or other occupation at each of such places and to be subject to being licensed with respect to each place.
1953-55-276.
Power to suspend 277. The Chief Licence Inspector shall have power at any time summarily to suspend for such period as he may determine any licence if the holder of the licence (a) is convicted of any offence under any Statute of Canada or of the Province of British Columbia; (b) is convicted of any offence under any by-law of the city with respect to the business, trade, profession, or other occupation for which he is licensed or with respect to the relevant premises; (c) has, in the opinion of the Inspector, been guilty of such gross misconduct in or with respect to the licensed premises as to warrant the suspension of his licence; (d) has, in the opinion of such official, (i) conducted his business in a manner; or (ii) performed a service in a manner; or (iii) sold, offered for sale, displayed for sale, or distributed to a person actually or apparently under the age of sixteen years any thing that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of sixteen years.
Appeal from suspension Any person whose licence has been suspended under this section may appeal to the Council in accordance with the procedure for that purpose prescribed by by-law, and upon such appeal the Council may confirm or may set aside such suspension on such terms as it may think fit.
. 1953-55-277;1972-58-21.
Procedure where suspension or revocation recommended 278. The Chief Licence Inspector may, in any case, recommend to Council in writing the suspension or revocation of any licence, setting out the reasons for such recommen dation. The Council shall not suspend or revoke the licence without previous notice and an opportunity to be heard being given to the holder thereof, except when by reasonable efforts the holder-cannot be found.
1953-55-278.
Certain provisions of Liquor Act not to apply 279. Nothing contained in the Government Liquor Act shall prevent the Council from providing for the licensing of the holder of a licence under the said Act.
1953-55-279.
Dec. 31. 1996 135 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 279A
Shops regulation 279A. (1) For the purposes of this section, “shop” means any premises wherein any retail trade or business is carried on, and includes any building or portion of a building, booth, stall, or place where goods are exposed or offered for sale by retail, or where the business of a barber or hairdresser or the business of a shoe-shine stand is carried on, but does not mean premises where a barber or hairdresser is attending a customer in the customer’s residence, or where the only trade or business carried on is that of selling medicines, drugs and medical appliances, tobacco and related products, newspapers, magazines, fresh or frozen fruits, fresh or frozen vegetables and other frozen foods, cut flowers, florists’ products, soft drinks, dairy products, bakery products, or any one or more of them, or that of automobile dealers, automobile service-stations and garages, or that of an hotel, inn, public house, restaurant, or refreshment-house, or places licensed under the Liquor Control and Licensing Act. (1.1) This section is subject to a by-law or order under, and Schedule A of, the Holiday Shopping Regulation Act. (2) The Council may by by-law regulate the days and hours of the day during which shops may remain open or be closed for business during Monday to Saturday, inclusive; provided, however, that the owner or operator of any shop shall not require any employee to work in any shop on more than five days in any one week. Such by-law may classify shops and may differentiate between different classes as to hours and days for opening or closing. (3) Pending the enactment of by-laws pursuant to subsection (2) by the city, every shop shall be closed and remain closed on Monday, Tuesday, Wednesday, Thursday, and Saturday from and after six o’clock in the afternoon and on Friday from and after nine o’clock in the afternoon; provided, however, that if shops are required by Statute to remain closed on any Friday such shops may remain open until nine o’clock in the afternoon of the immediately preceding day. (4) All shops may remain open until nine o’clock in the afternoon on the seven business-days immediately preceding Christmas Day. (5) Notwithstanding the provisions of the Shops Regulation and Weekly Holiday Act or any other Act, the Council may at any time amend or repeal any by-law passed pursuant thereto. (6) The Council may by by-law require that hawkers, pedlars, and hucksters shall not hawk, peddle, or sell any goods, chattels, or merchandise during the period when shops are required to be closed pursuant to this section. (7) Every shop shall be closed for business on the following days, that is to say: Christmas Day and the day immediately following; New Year’s Day; Good Friday; Canada Day; Victoria Day; Labour Day; Remembrance Day; the birthday, or the day fixed by Proclamation of the Governor in Council for the celebration of the birthday, of the reigning sovereign; and any day fixed by the
136 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 279B
Parliament of the Dominion or appointed by Proclamation of the Governor in Council for a general fast or thanksgiving or as a holiday of general application throughout the Dominion; and any day appointed by Proclamation or Order of the Lieutenant-Governor in Council or the City Council as a holiday. 1957-85-17; 1980-17-12, effective January 1, 1981; 1993-74-5.
Regulation of “burglar alarms” 279B. (I) The Council may, by by-law, regulate alarm systems designed or used to direct attention to a criminal or unlawful act, regulate persons engaged in the business of selling or maintaining such alarm systems and the employees of such persons, and regulate persons possessing or using such alarm systems. (2) In any by-law passed pursuant to this section a Council shall have the power to classify and define alarm systems and differentiate as between classes of systems and shall have the power to pass different regulations with respect to each class of alarm system and the sale, maintenance, possession, or use thereof. (3) The power to regulate granted by this section shall include the power to provide (a) that no person shall sell, maintain, possess, or use an alarm system which has not been approved by a peace officer or municipal employee designated in the by-law; - (b) for a system of permits requiring that any person selling, maintaining, possessing, or using an alarm system shall possess a current and valid permit, and for the delegation to the Chief Constable or other peace officer in direct charge of the peace officers providing policing within the munici pality the power, in his discretion, to grant, suspend, or cancel any permit; (c) an appeal to the Vancouver Police Board from a decision granting, refusing, suspending, or cancelling any permit; (d) for the charging of a fee or fees in respect to the issuance of a permit and the reinstatement of a suspended permit; (e) that where a person possessing or using an alarm system or his authorized representative does not attend at his premises .where an alarm has been activated within one hour of receiving a request to do so made by a member or employee of the Police Force providing policing in the municipality, the person possessing or using the alarm system shall thereupon become liable to the municipality for an amount not exceeding $25 per hour or portion thereof for each employee and member of the Police Force attending the alarm; (f) for 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
Dec. 31. 1996 137 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 279C
(ii) by the persons who lease or otherwise provide.these systems to the owners or occupiers of real property if services referred to in subpara graph (i) are provided in response to a false alarm of a system; (g) that a fee under paragraph (f) (i), if unpaid, may be inserted in the real-property tax roll as taxes in arrear; (h) for exemptions from the application of a by-law under this section.
(4) A fee under subsection (3) (f) may vary in relation to the number of occasions on which services referred to in that subsection are provided.
(5) The Council may, by by-law, exercise powers given by regulation under section 932.1 (3) of the Municipal Act in relation to security alarm systems.
1978-41-19;1992-79-10.
Regulation of fire alarm systems 279C. (1) In relation to fire alarm systems, the Council may, by by-law, 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 subpara graph (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 inserted in the real-property tax roll as taxes in arrear; (d) exercise powers given by regulation under section 932.1 (3) of the Municipal Act in relation to fire alarm systems; (e) establish exemptions from the application of a by-law 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) As an exception, a by-law 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.
1992-79-11.
138 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 279AA
Part VII — Business Tax
Government activities 279AA. For the purposes of this Part and section 272, “business, trade, profession or other occupation” does not include an activity carried on by the government, its agencies or government owned corporations.
1979-22-50.
By-laws to be made 280. The Council may make by-laws
Business tax . (a) for providing for an annual tax on every person occupying or using any real property for the purpose of carrying on within the city any business, trade, profession, or other occupation. The tax shall be based on the annual rental value of the real property occupied or used for the purpose of such business, and be known as the “business tax”;
Rates (b) for fixing a rate applicable to all businesses, trades, professions, and other occupations taxable under this Part;
Regulations (c) for making such regulations pertaining to the assessment of rental value, the collection of the business tax, and all other matters as may be necessary for the proper administration of the business tax;
Times and penalties (d) for fixing times for payment and imposing penalties, not exceeding ten per centum of the amount of the business tax remaining unpaid after the time fixed for payment;
Exemptions (e) for exempting from the business tax such persons as may be deemed proper;
Complaints against assessments (f) for providing for the establishment of a tribunal to hear and determine complaints against the business-tax assessment roll and determining the procedure in respect thereto, including provision for an appeal therefrom to a Judge;
Changes to tenancy to be notified (g) for requiring every tenant, and every owner or agent renting premises to any person, to notify the business tax supervisor appointed by the Council
Dec. .11. 1996 139 Chap. 55 Vancouver Charter 1-2 Euz. 2 Section 281
within seven days of the commencement of any tenancy or change in tenancy. 1953-55T280; 1969-45-17; 1974-114-17.
Access and information to be given 281. The Council may make by-laws for compelling owners and occupiers of real property (a) to permit persons designated in the by-law for the purpose to enter upon and examine such real property at any reasonable time for the purpose of ascer taining whether the owners or occupiers are liable to pay the business tax in respect thereof and of ascertaining the rental value thereof; (b) to furnish to such persons any information reasonably required for such purpose. 1953-55-281.
Interest on unpaid taxes 282. (1) Any business tax, together with penalties imposed pursuant to paragraph (d) of section 280, which remains unpaid on December 31 in the year in which it becomes due shall thereafter bear interest at a rate prescribed by a by-law enacted pursuant to subsection (2). (2) Council may from time to time by a by-law passed not later than September 30 in any year impose the interest referred to in subsection (1) which shall take effect in the year following its enactment. Such interest rate shall not be greater than 4.percentage points above the prime interest rate prevailing on July 31 of the year of its enactment, as determined from the City’s principal bankers. 1978-41-20.
Status of owner-occupier 283. An occupier of real property shall not be freed from liability for business tax by reason only of the fact that he is the owner of such real property. 1953-55-283.
Tax a debt 284. The business tax imposed under the provisions of this Part shall be a debt recoverable in any Court of competent jurisdiction, but the same shall not constitute a charge upon the real property occupied or used. 1953-55-284.
Services included 285. Annual rental value shall be deemed to include the cost of providing heat and other services necessary for comfortable use or occupancy, whether the same be provided by the occupant or owner. 1953-55-285.
140 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 286
Basis of assessment 286. In assessing annual rental value, all factors shall be taken into account so that as far as possible premises similar in size, suitability, advantage of location, and the like shall be equally assessed. The intent and purpose of this section is that all persons subject to business tax shall be assessed at a fair rental value of the premises occupied or used, based in general upon rents being actually paid for similar premises.
1953-55-286.
Certain companies liable for tax 287. Notwithstanding anything to the contrary contained in any other Act, a trust company or insurance company shall be liable to the business tax.
1953-55-287; 1989-47-412.
Part VIII — Public Works
City Engineer’s status 288. There shall be a City Engineer appointed by the Council who shall have duties and powers in addition to those prescribed by Statute as the Council may from time to time designate.
1953-55-288.
Streets and parks vested in city 289. (1) Unless otherwise expressly provided, the real property comprised in every street, park, or public square in the city shall be absolutely vested in fee-simple in the city subject only to section 291A of this Act; provided that section 5 of the Highway Act shall not apply to any street, park, or public square aforesaid; provided further, however, that it shall be lawful for the city to acquire from any person rights or easements for street, park, or public square purposes less than the fee-simple, whether on, above, or below the surface of any real property owned by such person. (2) In the application of section 107 of the Land Titles Act to a subdivision of land in the City of Vancouver, section 107 shall be construed as if for the words (a) “land” and “highway”, wherever they occur, “real property” and “street”, respectively, were substituted, and (b) “Crown in right of the Province,”, in the first line of subsection (1) (d), were substituted “City of Vancouver,”. (3) The Registrar of the Vancouver Land Titles District may accept evidence of a transfer of any real property in the city for street, park, or public square purposes in the form of a conveyance duly executed by all persons required by law to execute a conveyance thereof or by a plan only, if so executed, in lieu of or in explanation of a conveyance to the city of such real property if such plan is
Dec. 31, 1996 141 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 289A
otherwise satisfactory to the Registrar aforesaid. The Registrar niay require that such plan shall show the boundaries of any land remaining in the parcel after such transfer. 1953-55-289; 1953(2nd Sess.)-47-5; 1958-72-16; 1973-93-23; 1978-25-331,333, proclaimed effective October 31,1979.
Use of streets and adjacent property 289A. Despite this or any other Act, the Council may, by lease or licence, for such consider ation and on such terms and conditions as may be agreed on, do the following; (a) permit the use of the surface of streets closed'and stopped up under this Act by the occupants of abutting property that is zoned for other than residential use; (b) permit an owner or occupant of real property abutting on one side of a street to construct, maintain and use a bridge or other structure over or under the street for the purpose of access to real property occupied by the owner or occupant on the other side of the street; (c) permit an owner or occupant of real property abutting on a street to construct, maintain and use a structure in or under any part of a street, whether or not the portion of the street included in the lease or licence extends beyond the side boundaries of the real property. 1994-52-160.
Protection of streets 290. No person shall excavate in, cause a nuisance upon, encumber, obstruct, injure, foul, or otherwise damage a street, except under such terms and conditions as may be imposed by the Council. 1953-55-290.
Provision of Council for 291. The Council may provide
Establishing streets (a) for establishing, laying out, opening, maintaining, and improving streets, and for determining the width and boundaries of streets;
Stopping up (b) for stopping up any street, or part thereof, and, subject to section 190, for disposing of any street, or part thereof, so stopped up;
Diverting (c) for widening, altering, or diverting a street or part thereof;
142 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 291
Prohibiting obstructions (d) for the prohibition and removal of any unauthorized encroachment or obstruction under, upon, or over a street, or any part thereof;
Grades (e) for establishing a grade or level for any street, or any part thereof, and for making a charge for providing particulars of such grade or level;
Bench-marks (f) for establishing and maintaining survey monuments and bench-marks; (g) for regulating
Access to and from streets (i) the means of access to and from the street of any parcel abutting thereon and providing for the use of so much of the street as may be designated for the purpose of such access;
Encroachments on streets (ii) encroachments for a stipulated length of time upon, under, or over a street, upon such terms as to rental, indemnity, or otherwise as may be prescribed, and, where it is deemed necessary, upon condition that the city shall have a registered charge upon the parcel to which such access or encroachment is appurtenant for the due performance of any term so prescribed and for the payment of any sums of money due the city for rental or otherwise, and for providing that any such sums may be inserted in the real-property tax roll as a charge imposed with respect to such parcel. Any provision in an agreement with the city purporting to create a charge against any parcel aforesaid, for the due performance of any terms prescribed as aforesaid, or for the payment of any sums of money aforesaid, may be registered as a charge against the interest in such parcel of the person making the agreement;
Snow and ice removal from roofs (h) for requiring the owner or occupier of any real property to remove snow and ice from the roof or other part of a building or structure on the property;
Snow and ice removal from sidewalks (i) for requiring the owner or occupier of real property designated by by-law to remove snow and ice from the sidewalk adjacent to the property; (i.l) if an owner or occupier fails to perform the removal required under paragraph (i),
Dec. 31. 1996 143 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 291A
(i) for removal of the snow and ice by another person at the expense of the owner or occupier, and (ii) for recovering the expense of removal from the owner or occupier;
Cleanliness of streets (j) for prohibiting persons from depositing upon a street or on any other land without the approval of the owner any rubbish, sweepings, paper, hand-bills, refuse, or other discarded materials or things;
Ornamental trees (k) for regulating the planting and care of shade or ornamental trees upon a street, and for prohibiting the injury or destruction of such trees;
Their trimming (l) for causing any tree upon a street to be trimmed or removed when deemed necessary in the public interest;
Watercourses not to be obstructed (m) for prohibiting any person from obstructing or impeding the flow of any stream, creek, watercourse, drain, or sewer;
Maps may be used (n) for the use of maps of real property, approved by the City Engineer, in a by-law in place of, or in addition to, a detailed description of such real property. 1953-55-291; 1955-114-9; 1966-69-10; 1972-67-25; 1973-93-11; 1993-74-6.
Access to property and right to purchase 291A. (1) A resolution shall not be passed for stopping up, altering, or diverting any street or part thereof if the effect of such resolution will be completely to deprive any owner of the means of ingress to or egress from any real property owned by him abutting such street unless in addition to making compensation to such owner, as provided in Part XXVI of this Act, another convenient means of access to his real property is provided, the sufficiency of which, for the purposes of this section only, shall be in the sole discretion of the Council; provided that where the owner consents in writing to the stopping-up, altering, or diverting of any street aforesaid the provisions of this subsection shall not apply to any resolution providing for the same. For the purposes of this section, the word “owner” means an owner as defined by the Land Titles Act.
(2) Except as provided in subsection (2.1), if the Council decides to dispose of a street that
144 Dec. 31,. 1996 1953 Vancouver Charter Chap. 55 Section 291A
(a) was originally acquired by the city without payment, and (b) has been stopped up, altered or diverted, whether opened, maintained or improved by the city or not, the disposal price must be established by the Council and the owner of the abutting real property has the right to purchase the street at that price for a period of time set by the Council. (2.1) Subsection (2) does not apply if the owner of the abutting real property has given the city a waiver of that owner’s right to purchase. (3) Where there is more than one abutting owner, each shall have the right to purchase so much of the real property comprising such street or portion of street so stopped up as the Council may decide, and the price fixed by Council aforesaid shall be apportioned between the parcels to be disposed of accordingly. (4) If an owner does not exercise his right to purchase within such period as may be fixed by the resolution or any subsequent resolution, the Council may dispose of the part which he has the right to purchase to any other person at the same or greater price. (5) Where the real property of an owner abutting a street stopped up by resolution also abuts any other street which the Council desires to widen, alter, or divert and requires for that purpose a portion of the real property aforesaid, the Council may, notwithstanding the provisions of subsections (2) and (3) hereof, exchange therefor so much of the real property comprising the street so stopped up for the real property so required as aforesaid as may be mutually agreed upon with such owner. (6) If an owner of an abutting real property acquires a portion of a street under this section or otherwise, the Council may direct that the owner, as a condition of the disposal, consolidate the portion acquired with the abutting real property.. (7) Upon the deposit in the land titles office of a copy of the resolution stopping up, altering, or diverting any street or part thereof, certified as such by the City Clerk, accompanied by a plan showing thereon the street or part thereof so stopped up, altered, or diverted, together with a conveyance of the whole or any part thereof completed in accordance with the requirements of the Land Titles Act and the forms and fees prescribed under that Act, the registrar shall, notwithstanding sections 107 and 108 of the Land Titles Act or section 289 (2) of this Act or the provisions of any other Act, and whether the city appears on the records of the land titles office as the owner or not, on finding a good, safeholding marketable title in fee-simple in the applicant, register the real property described in the said conveyance in the name of the grantee therein and issue to him a certificate of indefeasible title thereto. Any conveyance executed under this section shall have effect as a Crown grant. (8) Where the city is the owner of any real property abutting the street or portion thereof stopped up, diverted, or altered by the Council pursuant to this Act, the
Dec. 31, 1996 145 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 291B
provisions of this section shall, mutatis mutandis, apply to the city as such owner or applicant, but in any such case it shall, not be necessary for the city as the applicant to deposit in the land titles office the conveyance referred to in subsection (7) hereof, and the Registrar aforesaid shall forthwith register the real property in the name of the city. 1958-72-17; 1963-60-7; 1973-93-24; 1978-25-331.332.334, proclaimed effective October 31, 1979;1993-74-7.
Appeal against decision of Registrar 291B. In case any person is dissatisfied with any decision of the Registrar of the Vancouver Land Titles District under the provisions of this Act, such person may, within twenty-one days of the receipt of notice of such decision, appeal to a Judge of the Supreme Court in a summary way by petition, and section 288 of the Land Tides Act shall, mutatis mutandis, apply to such appeal. 1958-72-18; 1978-25-333,335, proclaimed effective October 31, 1979.
Subdivision control 292. (.1) For the purpose of regulating the subdivision of land, the Council may make by-laws (a) regulating the area, shape, and dimensions of parcels of land and the dimensions, locations, alignment, and gradient of streets in connection with the subdivision of land, and may make different regulations for different uses and for different zones of the city; (b) requiring that a proposed subdivision (i) be suited to the configuration of the land being subdivided; (ii) be suited to the use for which it is intended; and (iii) must not make impracticable the future subdivision of the land within the proposed subdivision or of any adjacent land; (c) requiring that the streets within the subdivision be cleared, graded, drained and surfaced to the prescribed standard; (d) establishing minimum standards with respect to the matters referred to in paragraphs (a) to (c); (d.l) providing exceptions to the minimum standards under paragraph (d), or establishing different minimum standards with respect to matters referred to in paragraphs (a) to (c), for land that is occupied by a building or structure which has heritage value; (e) requiring that a water-distribution system, a sanitary sewage-collection system, or storm-water collection system or a combined sewage-collection system, or any of them, be provided in accordance with standards set out in the by-law, and requiring that provision be made for the connection of such systems with the established systems of the city, but if the city requires that any mains of such systems be of a diameter in excess of that required to service the subdivision, the city shall assume and pay the cost of providing the excess capacity; (f) requiring that all power-lines, telephone-lines, or any other wires or cables shall be installed underground. The by-law may provide that the Council
146 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 292
shall have power to waive this requirement where the applicant for the subdivision would be put to an unreasonable expense; (g) for providing that (i) upon any subdivision of a parcel of land exceeding twenty acres there shall be conveyed to the city, without compensation, a portion of such land for park or recreation purposes other than streets, such portion not to exceed ten per centum of the land included in the subdivision; (ii) the size, dimensions, and location of the portion of the land to be conveyed to the city shall be determined by the approving officer; (iii) the Council may accept in lieu of the conveyance to the city of the lands to which it is entitled hereunder, or any portion thereof, the payment of a sum of money equivalent to the actual value of such land or portion thereof immediately prior to the subdivision; (iv) the conveyance to the city of the lands to which it is entitled hereunder shall contain a provision that such lands may be sold, leased, or otherwise alienated by the Council after the expiration of three years from the date of the conveyance; (v) a further subdivision of the lands included in a subdivision, a portion of which has been conveyed to the city for the purposes aforesaid, shall not be subject to the provisions of a by-law passed pursuant to clause (g); (vi) all moneys received by the city pursuant to the provisions of clauses (iii) and (iv) shall be held in trust and used only for the purpose of providing public park or recreation facilities; (h) establishing subdivision application fees payable to the city, which may vary according to the size of the property to be subdivided, the number of lots to be created and the type or classification of the property; (i) establishing fees payable to the city for changes to a subdivision plan or a by-law under this section. (1.1) A fee under subsection (1) (h) or (i) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application to which the fee relates. (2) The owner of land being subdivided shall provide, without compensation, land for streets in accordance with a by-law under subsection (1). (3) The approving officer may refuse to approve a subdivision plan if he is of the opinion that the cost to the city of providing or maintaining public utilities or other municipal works or services would be excessive. (4) Where any provision of, or made under, the Land Titles Act or any other Act with respect to the subdivision or resubdivision of real property, or the approval, acceptance, or refusal thereof, is inconsistent with any provision of a by-law passed pursuant to this section, the provision of the by-law shall prevail.
Dec. 31, 1996 147 Chap. 55 . Vancouver Charter ' 1-2 Eliz. 2 Section 293
(5) Where, as a result of an expropriation that occurs after this section comes into force, a parcel of land that could have been subdivided into 2 or more parcels under a by-law in effect when the land expropriated was vested in the expropri ating authority can no longer be subdivided into the same number of parcels, the parcel shall be deemed to conform to the applicable by-law 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 by-law. (6) Subsection (5) does not apply where 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 by-law. 1953-55-292; 1965-68-24,25; 1966-69-11; 1970-54-19; 1977-30-148, proclaimed effective Sepember 30, 1977; 1978-25-332, proclaimed effective October 31, 1979; 1990-76-3; 1992-57-5; 1993-74-8; 1994-43-90; 1994-52-161.
Appeal and procedure 293. (1) There shall be an appeal to a Judge of the Supreme Court in Chambers by any person who is aggrieved by the approval of, or the refusal to approve, a subdivision or resubdivision pursuant to a by-law made pursuant to section 292. (a) A person so aggrieved may, within twenty-one days after the receipt by him ' of notice of such approval or refusal, apply to the Judge in a summary way by petition supported by affidavit, stating all the facts of the case, and that to the best of the information, knowledge, and belief of the deponents such facts have been fairly disclosed: (b) All parties interested, including the city, shall be served with the petition, together with all material intended to be used at the hearing of the appeal: (c) At least ten days’ notice shall be given of the time and place of hearing, and all parties interested may appear and be heard: (d) The Judge may make any order he sees fit as to the notification of other parties of the hearing, and upon the hearing may make such order not incon sistent with the by-law as may be just in the premises, and may make such order as to the costs of the parties appearing as he may see fit. (2) Ah appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal. 1953-55-293; 1982-7-109, proclaimed effective September?, 1982.
Limitation of actions 294. (1) All actions against the city for the unlawful doing of anything purporting to have been done by the city under the powers conferred by any Act of the Legislature, and which might have been lawfully done by the city if acting in the manner prescribed by law, shall be commenced within six months after the cause of such
148 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 294
action shall have first arisen, or within such further period of time as may be designated by the Council in any particular case, but not afterwards. (2) The city is in no case liable for damages unless notice in writing, setting forth the time, place, and manner in which such damage has been sustained, shall be left and filed with the City Clerk within two months from and after the date on which such damage was sustained; provided that in case of the death of a person injured the want of a notice required by this subsection is not a bar to the maintenance of the action. The want or insufficiency of.the notice required by this subsection is not a bar to the maintenance of an action if the Court or Judge before whom such action is tried or, in the case of an appeal, the Court of Appeal is of the opinion that there was reasonable excuse for the want or insufficiency and that the city has not been thereby prejudiced in its defence. (3) No action for damages lies or shall be instituted against a civic public officer for anything said or done or omitted to be said or done by him in the performance or intended performance of his duty or the exercise of his power or for any alleged neglect or default in the performance or intended performance of his duty or exercise of his power. (4) In this section “civic public officer” means (a) themembersofcounc.il, (b) the members of the Board of Parks and Recreation, (c) the directors of a regional board, (d) the members of the Library Board, (e) the members of the Board of Variance, (f) the members of the Building Board of Appeal, (g) an officer or employee of the City or the Library Board, (g.l) an election official appointed under section 14, (g.2) a member of a heritage commission under section 581, (h) a special constable, and (i) any volunteer who participates in the delivery of services by the city, or the bodies referred to in paragraphs (b) to (e) under the supervision of an officer or employee of the city, or of those bodies or an officer or employee of any of those bodies. (5) Subsection (3) does not provide a defence where (a) the civic 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. (6) Subsection (3) does not absolve any of the corporations or bodies referred to in subsection (4) (a) to (h) from vicarious liability arising out of a tort committed by
Dec. 31. 1996 149 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 294A
any of the individuals referred to in subsection (4) which the corporation or body would have been liable for had this section not been in force. (7) Nothing in this section shall be construed to limit or restrict council’s power to indemnify pursuant to section 180 of this Act. (8) The city, or any officer or employee thereof, in inspecting and approving plans or in inspecting buildings, utilities, structures or other things requiring a permit for their construction, has no legal duty, on which a cause of action can be based, to ensure that plans, buildings, utilities, structures or other things so constructed, comply with the by-laws of the city or any other enactment. The city, or any officer or employee thereof is not liable for damages of any nature, including economic loss, sustained by any person as a result of neglect or failure of the city or officer or employee thereof to discover or detect contraventions of the by-laws of the city or other enactment or from the neglect or failure, for any reason or in any manner, to enforce such a by-law or enactment or for any damage from a failure to recommend, or resolve to file a notice in the land title office pursuant to section 336D. (9) The city or any officer or employee thereof is not liable in any action based on nuisance or the rule in Rylands v. Fletcher or in any claim or action for injurious affection where the damages giving rise to the action or claim arise directly or indirectly out of the breakdown or malfunction of (a) a sewer system, (b) a water system, . (c) a drainage facility or system, or (d) a dyke or road. 1962-82-8; 1975-37-16, effective July 1, 1975; 1987-52-21 to 23; 1993-54-70; 1994-43-91. 294A. [Repealed 1975-37-16, effective July 1, 1975.]
Remedy over 295. In case an action is brought against the city to recover damages sustained by reason of any obstruction, excavation, or opening, or covering, or overhead structure, in or near to or over a street, placed, made, left, or maintained by any person, other than a servant or agent of the city, or to recover damages sustained by reason of any negligent or wrongful act or omission of or failure to comply with the provisions of any Statute or by-law of the city, or any contract, covenant, or agreement by any person, other than a servant or agent of the city, the city shall have a remedy over against such person, and may enforce payment accordingly of the damages and costs, if any, which the plaintiff in the action may recover against the city. 1953-55-295. Third-party procedure 296. The city shall be entitled to such remedy over in the same action if the other person is made a party to the action, and if it is established in the action as against such other person that the damages were sustained by. reason of an obstruction, excavation, or opening in or near to a street so placed, made, left, or maintained by him, or by reason
150 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 297
of any negligent or wrongful act or omission of any person, other than a servant of the city; and the city may in such action have the other person added as a party defendant or third party for the purposes hereof (if not already a defendant in the action jointly with the city); and the other person may defend such action as well against the plaintiff’s claim as against the claim of the city to a remedy over; and the Court or Judge, upon the trial of the action, may order costs to be paid by or to any of the parties thereto, or in respect of any claims set up therein, as in other cases.
1953-55-296.
If claim paid by city 297. If such other person be not a party defendant to such action, or be not added as a party defendant or third party, or if the city has paid the claim for such damages before any action is brought to recover the same, of before any recovery of damages or costs against the city therein, the city shall have a remedy over by action against such other person for such damages and costs as have been sustained by reason of any obstruction, excavation, or opening placed, made, left, or maintained by such other person.
1953-55-297.
When validity of judgment applies 298. Such other person shall be deemed to admit the validity of the judgment, if any, obtained against the city in cases only where a notice has been served on such other person pursuant to the provisions of the Rules of Court in that behalf, or where such other person has admitted or is estopped from denying the validity of such judgment.
1953-55-298.
Condition of recovery 299. Where no such notice has been served, and there has been no such admission or estoppel, and the other person has not been made a party defendant or third party to the action against the city, or where such damages have been paid without action or without recovery of judgment against the city, the liability of the city for such damages, and the fact that the damages were sustained by reason of an obstruction, excavation, or opening placed, made, left, or maintained by the other person, must be established in the action against such other person to entitle the city to recover in such action.
1953-55-299.
Water
Powers of Council 300. The Council may provide
Acquisition and distribution of water (a) for acquiring water from the Greater Vancouver Water District, or elsewhere, and for distributing, supplying, and making it available for use
Dec. 31, 1996 151 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 300
to persons within the city at such rates and upon such terms and conditions as may be provided by by-law, and for differentiating as to such rates, terms, and conditions among various classes of persons and uses as may be provided by by-law; (
Water system (b) for the construction, installation, maintenance, repair and regulation of a system of pumping stations, water-mains and other water-pipes, including valves, fittings, hydrants, meters and other necessary appliances and equipment, for either or both of the following purposes: (i) distributing and supplying potable water; (ii) distributing and supplying salt water for fire fighting and other purposes; (b.l) for acquiring real property and easements for the purposes of clause (b);
Recovery of charges (c) for compelling payment of the rates for such water and any other charges prescribed by the by-law;
Collectable as taxes (d) for authorizing the insertion in the real-property tax roll of any water rates as charges imposed with respect to the parcel upon which the water was used, or to which it was made available for use;
Water-main rental (e) for requiring any owner or occupier of any parcel of real property abutting on any street in which a water-main is installed to pay a reasonable rental therefor to the city whether water is supplied to such parcel or not;
Water connections (f) for the installation of a connection to any parcel of real property abutting on any street in which a water-main is installed, from such main, and for fixing the fees therefor and the terms and conditions upon which such a connection shall be installed;
Abutting parcels to be connected (g) for compelling the owner and occupier of any parcel of real property abutting on any street in which a water-main is installed to install an effective connection with such main;
152 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 301
Supply may be interfered with (h) that supply of water in the whole or any part of the city may be diminished or restricted or, if deemed necessary, cut off during such period as may be specified without giving rise to any claim against the city;
Inspection (i) that a person authorized for the purpose by the city shall have reasonable access to any part of any premises in order to inspect any water-pipe, meter, appliance, or fixture upon such premises.
1953-55-300; 1993-74-9.
Wharves
Provision of wharves 301. The Council may provide for acquiring, leasing, constructing, repairing, improving, and maintaining wharves and slips for the use of the city, and for permitting persons to use the same, or any part thereof, upon such terms as may be prescribed.
1953-55-301.
Sewers and Drains
Powers of Council 302. The Council may provide
Sewerage and drainage system (a) for the construction, installation, maintenance, repair, and regulation of a system of sewerage and drainage, including all necessary appliances and equipment, and for acquiring real property and easements therefor;
Course of sewers and drains (b) for conducting any sewer or drain beyond the limits of the city, or into the waters of Burrard Inlet, English Bay, Georgia Strait, or the North Arm. of the Fraser River;
Sewer rental (c) for requiring any owner or occupier of any parcel of real property (which is capable of being served by a sewer or drain in any abutting street) to pay a reasonable rental therefor to the city whether or not the parcel is connected with such sewer or drain;
Charges to be paid (d) for compelling the payment of such rentals and any other charges as may be prescribed;
Dec. 31. 1996 153 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 302
Connection may be required (e) for compelling the owner or occupier of any parcel of real property abutting on any street in which a sewer or drain is laid, to install an effective connection with such sewer or drain, and that the fee for such connection as prescribed by by-law shall be charged against the parcel served thereby by inserting in the real-property tax roll as a charge imposed with respect to such parcel such annual amounts and for such number of years as the by-law may provide;
Provision for installation (f) for the installation of a connection to any parcel of real property abutting on any street in which a sewer or drain is installed, from such sewer, and for fixing the fees therefor and the terms and conditions upon which such connections shall be installed;
Terms of unstopping connections (g) for the unstopping of any such connection, and for requiring that the applicant therefor shall bear the cost of such unstopping, except where it becomes necessary through default on the part of the city;
Connection to new sewers (h) that when a new sewer or drain is installed in any street, a connection from the sewer or drain to the street-line shall then be installed opposite each taxable parcel of real property abutting on such street and having thereon any building, and that any work upon the said parcel necessary to join such connection effectively to any building shall be done as part of the work of installing the said connection and for providing that the fee for such connection as prescribed by by-law shall be charged against the parcel so served by inserting in the real-property tax roll as a charge imposed with respect to such parcel such annual amounts as the by-law may provide;
Charges payable in annual amounts (i) that the registered owner of any parcel abutting on any street wherein is already installed a sewer or drain who may desire to have such a connection installed to serve such parcel may, by writing, charge the said parcel with the cost of such connection in such annual amounts as the by-law may prescribe, and that such amounts may be inserted in the real-property tax roll as a charge imposed with respect to such parcel;
Septic tanks (j) for regulating the installation and use of septic tanks, and for prohibiting their use where sewers are available, or where their use might constitute a menace to health;
154 Dec. 31, 1996
[ 1953 Vancouver Charter Chap. 55 Section 303
Sewage and surface-water disposal (k) for making such regulations for the disposal of sewage and surface water as is deemed necessary in the interest of health and sanitation;
Watercourses (1) for widening, deepening, straightening, diverting, or otherwise improving natural and other watercourses and protecting the same from encroachment and injury;
Their position (m) for determining the position of such watercourses, whether upon city property or upon privately owned property, and for incorporating them in the city’s drainage system;
Sewage-disposal plant (n) for establishing and maintaining within or without the city a system of sewage-disposal by means of works designed for the processing and purifi cation of sewage and for the sale or other disposition of the resulting products;
Flood control (o) for the construction and maintenance of dykes or embankments and ancillary facilities to prevent the flooding of land.
1953-55-302; 1959-107-17; 1962-82-10; 1988-67-1.
Scavenging ,
Powers of Council \ 303. The Council may provide
Scavenging system (a) for establishing and maintaining a system for the collection, removal, and disposal of garbage, ashes, refuse, and other discarded matter, and for acquiring such real property within or without the city, and for erecting, equipping, managing, and maintaining such buildings, incinerators, machinery, and plant thereon as may be necessary for any of the purposes of this clause;
Persons required to use system (b) for compelling persons to make use of such system for the disposal of garbage, ashes, refuse, and other discarded matter;
Terms of user (c) for prescribing the terms and conditions upon which persons may make use of such system, and for requiring all persons to conform thereto, and for
Dec. 31. 1996 155 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 304
fixing charges for such collection, removal, and disposal and for enforcing payment thereof;
Classification of garbage, etc. - (d) for defining and classifying persons making use of such system and defining and classifying garbage, ashes, refuse, or other discarded matter for the purpose of the by-law, and for differentiating among the various classes of persons and of discarded matter as to the terms and conditions upon which persons may make use of the system and as to the charges so fixed;
Contracting for scavenging service (e) for entering into contracts with persons for all or part of such collection, removal, and disposal upon terms and conditions prescribed by the Council;
Garbage collection (f) for regulating persons engaged in the business of collecting garbage, ashes, refuse, and other discarded matter, and regulating the means of disposal , employed by persons who dispose of their own garbage, ashes, refuse, and other discarded matter.
1953-55-303:1960-80-3.
I
Part IX — Buildings
Interpretation 304. In this Part, unless the context otherwise requires, “building” includes structures of every kind, excavations in respect of any structure, and everything so attached to a structure as to constitute it real property; “construction” includes erection, repair, alteration, enlargement, addition, demolition, removal, and excavation.
1953-55-304; 1963-60-8; [amended 1981-11-38, to be proclaimed, amendment, not included].
City Building Inspector 305. There shall be a City Building Inspector appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe.
1953-55-305:1958-72-19.
156 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 306
By-laws for — 306. The Council may make by-laws
Regulating construction (a) for regulating the construction of buildings (i) where the safety of persons or property is concerned; (ii) where the health of occupants or others is concerned; (iii) where the protection of persons or property against fire is concerned;
Scaffolding (b) for regulating the construction and use of scaffolding in connection with any building;
Use of street during construction (c) for regulating the temporary use or occupancy of any portion of a street for the more convenient construction of a building, upon such terms as to rental, length of use or occupancy, or otherwise as may be prescribed, and for the temporary closing of such portion of a street so used or occupied;
Classification of buildings (d) for classifying buildings and parts thereof, and differentiating between classes as to the regulations applicable to the respective classes;
Permit to be obtained (e) for prohibiting any person from commencing the construction of any building, or part thereof, until he has obtained a permit therefor from the City Building Inspector;
Conditions of permit (f) for fixing the terms and conditions upon which the City Building Inspector may issue, cancel, or suspend building or other permits, including the fees to be charged therefor and the building, surveyor’s, or other plans, specifi cations and particulars to be submitted with applications for building permits;
Certification of fitness (g) for providing that no building or designated part thereof shall be occupied or used during construction or thereafter until the City Building Inspector has certified that the building has been completed in conformity with the by-laws of the city and is fit for occupancy or use;
Dec. 31. 1996 157 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 306
Powers of inspection (h) for providing for the inspection of all buildings during the course of construction and thereafter as occasion may require, and for empowering the City Building Inspector, and anyone authorized by him, to enter any premises at any reasonable time for the purpose of such inspection;
Standards for dwellings (i) for fixing standards of fitness for human habitation to which all dwellings, whether single or multiple, shall conform, and for requiring the owners of dwellings to make the same conform to any such standards, and for prohibiting the use or occupancy of dwellings vyhich do not conform with any standard so fixed, and for providing (after the giving of notice as hereinafter provided) that in default of such conformation to such standards the city may by its workmen or others enter and effect such repairs, renovations or alterations as are necessary to make the dwellings conform to such standards at the cost of the person so defaulting; no such work shall be undertaken by the city until the expiration of 60 days after the date of service of a notice to that effect has been given by registered maii to the owner or has been posted on the premises;
Removal of non-conforming structures (j) for providing for the demolition or removal, in whole or in part, at the expense of the owner of the parcel on which it is constructed, of any building, or of any part thereof, in cases where its construction has failed in any respect to comply with the provisions of any by-law, and for providing that the cost of such demolition or removal may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of such cost in the real-property tax roll with respect to such parcel; (k) [Repealed 1964-72-9.]
Plumbing and heating facilities (l) (i) for regulating the installation or alteration of plumbing and heating facilities in and about buildings and premises, including the materials to be used and the drains, pipes, and all means of connections with sewers, water-mains, and chimneys and the fixtures and apparatus in connection therewith; (ii) for fixing standards for plumbing and heating facilities and for ordering the removal or repair of any such facilities that do not comply with that standard;
Sewer and water connections required (m) for requiring that with respect to designated areas the owners of all premises therein which are used, or intended to be used, for human occupation shall at all times be effectively connected to a sewer or water-main, or both;
158 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 306
Tests for plumbers (n) for constituting a board of examiners for persons desiring to engage in the trade of plumber, and for empowering such board to grant to any person found by the board to be a competent plumber a certificate of registration after such tests as may be required of him, and for making it unlawful for any person to engage in the trade of plumber unless he is the holder of such a certificate;
Gas or oil appliances (o) for regulating the installation and use of gas or oil ranges, gas or oil heaters, gas or oil furnaces, and other appliances using gas or oil for the production of heat, and the piping and other apparatus connected therewith;
Fire limits (p) for establishing areas to be known as “fire limits”, and for regulating the construction of buildings in each of such areas in respect of precautions against the danger of fire, and for discriminating and differentiating between the areas as to the character of buildings permitted in each of them, and for prohibiting the construction of any building within any such area unless it conforms with the regulations provided for it;
Unsafe buildings may be removed (q) for providing for the demolition or removal, in whole or in part, or the amendment at the expense of the owner thereof, of any building certified by the City Building Inspector to be a fire hazard or structurally unsafe or a menace to health, and for that purpose to authorize any workers or others to enter upon the premises and carry out such demolition, removal or amendment, and for providing that the cost of the demolition, removal or amendment may be recovered from the owner in any court of competent jurisdiction or by entering the amount of such cost in the real property roll with respect to such parcel, and the provisions of this paragraph respecting cost recovery shall apply where the City Building Inspector orders the boarding up or securing of any unsafe building;
Off-street parking for other buildings (r) for requiring that in the construction or change of use of any building or portion thereof suitable provision shall be made off the street to accommodate such number of motor-vehicles and bicycles as the Council may by by-law prescribe, and for defining and classifying such buildings, and for differentiating and discriminating according to such classification in respect of the accommodation to be provided as aforesaid;
Dec. 31. 1996 159 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 306
Off-street loading and parking for commercial buildings (s) for requiring that in the construction or change of use of any building or portion thereof used for commercial or industrial purposes, or where by the nature of its proposed use quantities of articles, materials, or merchandise will be delivered to or taken from such building, suitable provision shall be made off the street for accommodating such number of vehicles as the Council may prescribe and for off-street loading and unloading of articles, materials, or merchandise delivered to or taken from such building, and for defining and classifying such buildings, and for differentiating and discrim inating according to such classification in respect of such provision, and, in the discretion of the Council, for designating the areas where such provision shall be required; (s.l) waiving the requirement for some or all of the off-street parking spaces to be provided under (i) a by-law under paragraph (r), if the parking is in relation to residential, cultural or recreational uses of a building that is designated as a heritage site under the Heritage Conservation Act, or (ii) a by-law under paragraph (s), and instead requiring the payment to the city of an amount of money as specified in the by-law, which money must be paid into a reserve fund for the provision of new and existing off-street parking spaces and used only for that purpose;
Excavations to be guarded (t) for compelling owners of, or building contractors in respect of, any real property on which there is any excavation likely to be dangerous to children or others to keep the same effectively fenced or enclosed or under the care of a watchman;
Undue cost of services may prevent certain uses (u) for prohibiting the construction of any building for residential, commercial, or industrial purposes on land where by reason of its low-lying, marshy, or unstable character the cost of installing water, sewage, or drainage facilities is in the opinion of the Council unduly great;
Non-conforming building may be acquired (v) for acquiring any real property being used for a purpose, or upon which is erected a structure, which does not conform with the provisions of any by-law relating thereto, and for disposing of the same upon such terms as may be just;
160 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 306
Adopting by reference (w) for adopting by reference in whole or in part and with any change the Council considers appropriate any codes, standard or rule relating to fire safety or energy conservation or affecting the construction, alteration or demolition of buildings, either in place of or in addition to any regulations provided for in this Part;
Street numbers may be assigned (x) for assigning and, where deemed necessary, reassigning street numbers to parcels of real property abutting on any street and to the buildings on such real property, and for providing that a record be kept by the city of such numbers so assigned or reassigned;
Sale of goods and chattels (y) for providing for the disposal or storage of any goods or chattels situate in any building ordered by the City Building Inspector to be demolished and for the recovery of any costs or expenses incurred for such disposal or storage by sale of the goods or otherwise. The proceeds from the sale of such goods or chattels over and above any costs or expenses incurred shall be held in trust for the owner;
System established re Building By-law (z) (i) for establishing a system to permit an architect or engineer recog nized as qualified by the City Building Inspector and retained by a person seeking a building permit, to certify: (A) that plans describing a building comply with the Building By-law; and (B) that a building as built conforms to plans which were accepted by the city or certified as complying with the Building By-law by an architect or engineer; (ii) such a system may establish the form of such certificates and the City Building Inspector may accept a certificate as satisfactory evidence of compliance and conformity; (iii) the system established may also provide for any of the following: (A) that in order to be recognized as qualified by the City Building Inspector, an architect or engineer must provide evidence satis factory to the City Building Inspector that he is covered by public liability insurance, and must attend a course or courses approved by the City Building Inspector and, or in the alter native, attain a designated mark in an examination approved by the City Building Inspector; (B) that an architect or engineer so recognized as qualified may be disqualified by the City Building Inspector;
Dec. 31.1996 161 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 306
(C) that a qualified architect or engineer shall, prior to issuing a certificate, obtain from qualified professional engineers all necessary assurances as to the building’s electrical, mechanical and structural safety and fire protection; (D) that a specified portion of the fees to be charged for a building permit in respect of which a qualified architect or engineer has issued the certificate of compliance may be refunded upon receipt of the certificate of compliance and record drawings of the completed building; (E) that persons wishing to retain an architect or engineer to certify the compliance of plans and buildings shall enter into such undertakings and assurances as the City Building Inspector may prescribe; and (F) that a permit may be revoked and no work on a building shall be permitted to continue where an architect or engineer retained to certify compliance and conformity has been discharged or resigns, except with the approval of the City Building Inspector; (iv) where the City Building Inspector accepts the certificate of a qualified engineer or architect pursuant to a system established under this section neither the city nor the City Building Inspector nor any other city employee shall be liable for any loss, damage or expense caused or contributed to because a building in respect of which a certificate is issued is unsafe or does not comply with the Building By-law or other applicable by-laws;
Elevators (aa) for requiring that every elevator in any building used for residential purposes shall be maintained in an operational condition at all times;
Assessing costs to owner (bb) for providing that, where (i) there has been a successful prosecution pursuant to a by-law regarding building standards or fixing standards of fitness for human habitation, or (ii) Council has suspended or revoked a license on the grounds that the owner or occupier of the premises is in violation of a by-law regarding building standards or fixing standards for human habitation, Council may order that the owner be assessed all reasonable costs of all inspections and investigations, and all other city costs involved in the preparation of any such prosecution or proceeding, and any amount so determined by Council may be recovered in any court of competent juris diction;
162 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 306A
Withholding of permit (cc) for withholding a building permit in respect of any parcel of land situate in a designated flood plain area until the City Building Inspector is satisfied that the elevation or design will reduce or eliminate the risk of flood damage and for requiring a covenant registered against the land acknowledging the risk of flood damage.
Where owner unavailable (dd) for providing that, (i) if an owner is unavailable, the authorized agent of the owner who is responsible for managing the building is required to comply with the building by-laws as if that agent were the owner, and (ii) for the purposes of (i), an owner is unavailable if, after making reasonable efforts, the city is unsuccessful in contacting the owner regarding the matter. 1953-55-306; 1954-65-3; 1958-72-20; 1959-107-18; 1960-80-4; 1962-82-11; 1963-60-9; 1964-72-9,10; 1966-69-12; 1974-104-34; 1978-41-21,22; [amended 1981-11-39, to be pro claimed, amendment not included]; 1984-32-10; 1985-89-6; 1987-52-24; 1988-67-1,2; 1990-76-4; 1992-57-6; 1993-74-10; 1994-52-162.
Provisional repeal of s. 306A 306A. [Subject to the provisions of section 574 (3) of the Vancouver Charter as enacted by section 20 of the Statutes of 1959, section 306A is repealed; provided that (a) such repeal shall not affect the validity of any by-law or resolution in force at the time this Act comes into operation; (b) such repeal shall not affect any legal proceedings or actions commenced before this Act comes into operation. 1959-107-21.]
Building Board of Appeal 306B. Council may, by by-law, establish a Building Board of Appeal and may empower such Building Board of Appeal to determine such matters, relating to by-laws prescribing requirements for buildings, as to Council seem appropriate. Any decision of the Building Board of Appeal shall be final and no appeal shall lie therefrom. 1978-41-23; [repealed 1981-11-40, to be proclaimed].
Eviction of tenants may be effected 307. Where a demolition or removal is undertaken pursuant to clause (j) or (q) of section 306 and any occupants of the building refuse to vacate the premises, they may be evicted upon such notice as the Council may prescribe. If, at the expiration of such notice, any occupant remains on the premises, the Mayor may direct a warrant to the Chief Constable requiring him to remove such occupant and his effects, and the Chief Constable shall, using such force as is necessary, cause them to be removed accord ingly. 1953-55-307;1962-82-13.
Dec. 31, 1996 163 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 308
Taxes may be remitted 308. Where in any year a building has been demolished or removed pursuant to clause (j) or (q) of section 306, the Council may remit so much as it sees fit of the taxes levied in that year in respect of such building.
1953-55-308. . ' Regulated by by-law 308A. The council may by by-law regulate (a) the removal of soil, sand, gravel, rock or other substance of which land is composed from any land in the city or in any area in the city, and different regulations and prohibitions may be made for different areas, and (b) the deposit of soil, sand, gravel, rock or other material on land in the munic ipality or in any area in the municipality, and require the holding of a permit for the purpose and fix a fee for the permit, and different regulations and prohibitions may be made for different areas.
1987-52-25.
Part X — Fire Prevention and Control
Fire Department established 309. There shall be a Fire Department of the city, the head of which shall be the Fire Chief appointed by the Council.
1953-55-309.
Appointment of staff, etc. 310. The Council may
Appointment of staff v (a) provide for the appointment of such other members of the Fire Department as may from time to time be necessary;
Acquisition of buildings (b) acquire real property and erect and maintain buildings thereon for the use of the Fire Department or any other purpose authorized by this Part;
Equipment (c) acquire such vehicles, engines, vessels, appliances, and other fire-fighting equipment as may be necessary for the purposes of the Fire Department;
Communication systems (d) establish, acquire, equip, and maintain fire-alarm and police-patrol signal systems and such other systems of communication as may be considered necessary;
164 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 311
Entering into agreements with other municipalities (e) make agreements with other municipalities or the Provincial or Federal governments for the provision of the city’s fire fighting services or use of the city’s fire fighting equipment or communication or dispatch systems, upon such terms and conditions as may be agreed upon;
Agreement with owners or occupiers (f) enter into agreements with owners or occupiers of property situate outside of the limits of the city for the providing of fire protection to such property and for the collecting of such charges therefor as may be agreed upon.
1953-55-310; 1957-85-8; 1990-76-5.
By-laws for — 311. The Council may make by-laws
Enabling entry on premises (a) for providing that any member of the Fire Department authorized by the Fire Chief may at any reasonable time enter any building or premises, or any part thereof, for the purpose of inspecting the same for conditions which may cause fire, or increase the danger of fire, or increase the danger to persons, and may order such precautions to be taken as are deemed necessary to reduce the danger of fire or danger to persons;
Direction of traffic at fires (b) for empowering members of the Fire Department, in the absence of the police, to give directions at or near a fire for the regulation or diversion of vehicular traffic, and for requiring that all persons shall comply with such directions notwithstanding that they may be at variance with traffic signs or the like;
Persons to assist at fires (c) for regulating the conduct of persons at or near fires and requiring them to assist the Fire Department in fighting fires and in preserving property threatened by fire;
Buildings may be demolished (d) for providing for the demolition of buildings and structures where such demolition is required to prevent the spreading of fire;
Handling of explosives, etc. (e) for regulating the manufacture, processing, storage, sale, transportation, or use of combustibles, chemicals, explosives, inflammable or other dangerous things, and for defining and classifying them;
Dec. 31. 1996 165 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 312
Gasoline and other pumps (f) for regulating the construction, installation, and operation of pumps and other measuring devices used, or intended to be used, for the sale or other disposition of gasoline, oil, or other inflammable liquids;
Burning in the open (g) for regulating the burning of any material in the open air;
Application of Fire Services Act (h) relating to any matter within the scope of the Fire Services Act so long as such by-laws are not repugnant to any provision of that Act or the regulations thereunder;
Removal of fire-hazards (i) for requiring the owners or occupants of real property (i) to remove anything and everything from a building or yard which in the opinion of the Fire Chief or any person under his authority is a fire-hazard or increases the danger of fire; (ii) to clean chimneys and flues or other apparatus at fixed times or at any time when in the opinion of the Fire Chief or any person under his authority failure to so clean may cause a fire or increase the danger of fire;
Prohibition of loitering in public buildings (j) for prohibiting persons from standing, loitering, or sitting in the aisles, passages, and stairways of churches, theatres, halls, skating-rinks, audito riums, and other places of public resort. 1953-55-311; 1963-60-10 to 12; 1978-22-10, proclaimed effective February 1, 1979; [amended 1981-11-41, to be proclaimed, amendment not included].
Part XI — Electrical and Gas Works
City Electrician 312. There shall be a City Electrician appointed by the Council who shall have such duties and powers in addition to those provided by this Act as the Council may from time to time prescribe. 1953-55-312.
His powers of entry for inspection 313. The City Electrician, or any person authorized by him, may enter any building or premises at any reasonable time for the purpose of inspecting and testing any wiring, appliance, equipment, conduit, or apparatus used or designed, or intended for use, for
166 Dec. 31, 1996 1953 Vancouver Charter Chap. 55 Section 314
or in connection with the generation, transmission, supply, distribution, or employment of electrical energy for any purpose (in this Part referred to as “electrical works”).
1953-55-313.
Powers of Council 314. (1) The Council may, subject to the Electrical Safety Act, provide. (a) for regulating and inspecting any electrical works, and for defining the same; (b) for prohibiting any person from installing any electrical works until he has obtained a permit therefor from the City Electrician; (c) for fixing the terms and conditions upon which the City Electrician may issue such permits, and for fixing the fees to be charged therefor; (d) for compelling the removal and for preventing the sale or use of any electrical works which do not conform with the provisions of the by-law; (e) for adopting, in whole or in part or with such modification as may be ' provided in the by-law, the rules and provisions of the Canadian Electrical Code promulgated by the Canadian Standards Association with respect to electrical works, and constituting as regulations under the by-law the rules and provisions so adopted or modified; (f) for regulating the placing or maintenance in any street of any electrical works, including the poles or other means of support thereof; (g) for requiring that any person permitted to erect any poles in a street shall afford to the city reasonable accommodation thereon for such wires or other equipment as may be required for the purposes of the city upon such terms as may be agreed upon or, failing agreement, upon terms to be fixed by arbitration under the Commercial Arbitration Act; (h) for the construction of underground conduits in streets, and for permitting the use thereof for telegraph and telephone cables and other electrical works upon such terms and conditions, to such extent and for such charges, as may be prescribed in the by-law; (i) for the lighting of streets, squares, and other city property by the erection, construction, and installation of light standards or by any other means; (j) for contracting for the supply of electrical energy for the purpose of lighting streets, squares, and other city property. (2) Nothing in section 313, except in so far as it relates to electrical works (elsewhere than in a generating plant or substation) designed or intended for use for or in connection with the final consumption of electrical energy, and nothing in subsection (1) of this section, except clauses (f), (g), (h), and (i), shall apply to any electrical works maintained and used by any electric light, electric power, or street-railway company or transportation company operating trolley-coaches.
Dec. 31, 1996 167 Chap. 55 Vancouver Charter 1-2 Eliz. 2
Section 315
(3) The powers conferred on the Council by the said clause (f) shall not be used (a) to require any of the said companies to remove any presently existing electrical works or any renewal thereof, or to move the same to any new location, except upon condition that the city shall pay reasonable compen sation to such company for the expense and loss of and from such removal or moving, the amount thereof to be such as the'city and such company may agree upon or, in the event of failure to agree, as may be settled by arbitration pursuant to the Commercial Arbitration Act; or (b) with respect to underground duct banks or vaults of any of the said companies, except as to the position and over-all size thereof. (4) The Council may make by-laws for regulating the placing and maintenance in any street by any gas company of gas-pipes, governors, regulators, and other equipment and apparatus used in connection with the transmission or distribution of gas. 1953-55-314; 1961-76-6; [amended 1981-11-42, to be proclaimed, amendment not included]; 1981-13-18, proclaimed effective February 25, 1982; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86).
Water powers 315. Subject to the provisions of the Water Act, the Council may provide for the diversion and use of water, within or without the city, for power purposes, and may cause any water-power project to be examined, investigated, and reported upon, and may acquire, develop, establish! equip, operate, and maintain the necessary dams, plant, works, and buildings for the purpose of producing and conveying to the city electrical energy or other power produced by the use of water, and may use, for the purposes of the city, or dispose of any energy or power so produced. 1953-55-315.
Saving clause 316. Nothing in this Act shall be held to affect or impair any contract with the city or any rights, powers, or privileges now had or enjoyed under its Act of incorporation or any special Act by a public utility as the same is defined by the Public Utilities Act. 1953-55-316.
Part XII — Street Traffic
By-laws for — 317. (1) The Council may make by-laws
Regulating traffic (a) for regulating pedestrian, vehicular, and other traffic and the stopping and parking of vehicles upon any street or part thereof;
168 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 317
Persons to give name and address to constable
(b) for authorizing a police constable to arrest without warrant any person whom he finds committing a breach of any provision of a by-law passed pursuant to the provisions of this Act respecting traffic if such person shall fail to stop and state his name and address when so requested by such police constable;
Classification of vehicles
(c) for defining and classifying vehicles, and for differentiating and discrimi nating between classes of vehicles in the exercise of any of the powers of the Council with respect to the use of streets;
Speeds may be fixed
(d) subject to the Motor Vehicle Act, for regulating and fixing the rate of speed of all vehicles, or of any class of vehicles, on any street in any zone, place, or area designated by by-law;
Sleds, skates, skateboards and other coasting and sliding devices
(e) for regulating the use of any street by persons sliding or coasting by means of sleds, skis, snowboards, skates, skateboards, rollerskates, rollerblades or any other devices specified in the by-law;
(e.l) providing that if a sled, snowboard or skateboard is used, or skis are used, in contravention of a by-law under paragraph (e),
(i) any member of the police force may seize and detain the device,
(ii) the owner of the device be required to pay to the city the amount fixed by the by-law as expenses of the seizure and detention, including storage and other charges, and
(iii) the city may collect expenses referred to in subparagraph (ii) by the sale of the device at public auction or private sale, as directed by the by-law;
Classification of streets
(0 for classifying streets and parts thereof and differentiating between classes of them in the exercise of any of the powers of the Council with respect to the use of streets;
Vehicles may be banned
(g) for fixing the times when and the terms upon which all or certain classes of vehicles may or may not be used on any particular street or part thereof;
Dec. 31. 1996 169 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 317
Carriers (h) for defining and classifying carriers, whether of persons or chattels, and for differentiating and discriminating between classes of carriers in the exercise of any of the powers of the Council with respect to carriers;
Their routes (i) for fixing routes to be taken by carriers of persons or chattels using any street;
Charges by carriers (j) subject to the provisions of the Motor Carrier Act, for fixing the maximum and minimum charges to be made by such carriers or any class thereof, which charges may be based upon zones or districts designated by by-law;
Powers may be assigned to board (k) for providing that, subject to an appeal to the Council in accordance with ' the procedure prescribed by by-law, the Council may delegate to a board appointed by the Council any or all the powers vested in the Council with respect to the. operation by carriers of any vehicle on any street, including the powers contained in section 272 as to licensing and regulation and in clause (j) of this section as to charges to be made by carriers and in clause (m) of this section as to limiting the number of vehicles with respect to which persons may be licensed in any class of carriers;
Chauffeurs (1) for regulating chauffeurs and other drivers of vehicles used by carriers on a street in connection with their business;
Limiting licences . (m) subject to the Public Utilities Act, for regulating the number of vehicles with respect to which persons may be licensed in any class of carriers;
Bicycle registration (n) for regulating the use of bicycles, or other vehicles propelled by human muscular power, on any street or other public place, and for compelling the owners thereof to register the same annually pursuant to regulations provided by by-law, and for imposing a fee for such registration not exceeding one dollar per annum for each such vehicle;
Carrier to carry insurance (o) for making it a condition of the granting and holding of any licence to a carrier that such carrier (i) be the holder of a subsisting policy of insurance issued by an insurer authorized to carry on business in the Province, or by Lloyd’s, in such
170 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 317
amounts and against such hazards as shall be specified in the by-law; or (ii) has given proof of financial responsibility pursuant to the Motor-vehicle Act, the Public Utilities Act, or the Motor Carrier Act covering every vehicle in respect of which such carrier is licensed;
Testing of vehicles (p) (i) for fixing standards of safety and of repair to be required of vehicles other than trolley-coaches, while parked or being operated on any street, and for requiring the owners and operators of such vehicles to present the same for inspection as to safety and repair at such place and at such times as the by-law prescribes, and for imposing a charge for such inspection and for prohibiting the use or operation on any street of any vehicle which has not been presented as required for in spection pursuant to the by-law or, having been presented, fails to pass such inspection; (ii) for appointing a Superintendent, Motor-vehicle Inspection, and delegating to such Superintendent or his assistants or inspectors any or all of the powers of inspecting and passing or failing to pass, in . accordance with the standards of safety and repair so fixed, vehicles other than trolley-coaches;
Testing-stations (q) for acquiring real property and providing and maintaining thereon the necessary buildings, equipment, and appurtenances for carrying out the inspection in the last clause mentioned;
Animals on streets (r) for regulating the use of any street by horses or other animals, and for prohibiting any person from allowing his horse or other animal to be on a street unattended, except as may be provided by by-law;
Tires and weight, etc., of vehicles (s) for regulating, in respect of any street or class of streets, the gross weight of vehicles with or without loads; the weight on any axle, tire, or wheel, or any combination thereof; the width, length, height of any vehicle or part thereof; the width, length, height, or number of any combination of vehicles; the width, length, height of any load, or vehicle and load combined; the fastening and distribution of loads; the kind, width, size, and inflation of tires or tracks; and, subject to the provisions of the Motor-vehicle Act, the number, kind, size, location, distribution, colour, and brilliance of lights on vehicles; and for delegating to the City Engineer any of the matters referred to herein in respect of any particular vehicle or class of vehicles;
Dec. 31, 1996 171 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 317
Dogs to be curbed (t) for requiring the owner, possessor, or harbourer of any dog to keep it from running at large on any street;
Lines on streets (u) (i) for designating streets or portions of streets on which a distinguishing single line or double line shall be marked, which lines need not be in the middle of the travelled portion of the street, and, notwithstanding anything contained in the Highway Act, for prescribing that all vehi cles shall be kept to the right of such double line at all times, and to the right of such single line except when passing an overtaken vehicle elsewhere than at a curve in the street;
Traffic-lanes (ii) for marking traffic-lanes on streets, and, notwithstanding anything contained in the Highway Act, for regulating the driving of vehicles within such lanes;
Delegation (iii) for delegating to the City Engineer, or such other person as shall be named for the purpose, any or all the powers of designating or marking mentioned in this clause;
Safety-zones on streets (v) for locating, establishing, and maintaining, in any street, areas or platforms reserved for the use of pedestrians only, as safety-zones, and for providing for the use of such safety-zones and the regulation of vehicular traffic in , proximity thereto, and for providing such markings or warning-signs as may be thought necessary to identify such safety-zones;
Regulating, stopping, and parking on streets (w) for designating streets, or portions of streets, upon which no vehicles shall be stopped or parked or only such vehicles or classes thereof at such times and upon such conditions as may be prescribed, and for delegating to the City Engineer or such other person as shall be named for the purpose all or any of such powers so to designate or prescribe;
Public parking (x) for acquiring real property for the use of the public for the parking of vehicles, and for providing and maintaining thereon the necessary buildings and equipment therefor, and for operating and managing the business of affording parking accommodation thereon, and for allowing persons to use portions of such real property for the parking of vehicles upon such terms
172 Dec. 31,1996 1953 Vancouver Charter Chap. 55 Section 317
and conditions and for such fee or charge as may be prescribed in the by-law;
Contracting for parking areas (y) for entering into leases or other agreements with persons desiring to take over and operate such real property for the business referred to in clause (x) of this section, and for prescribing the terms and conditions and the rent or other remuneration to be paid to the city therefor;
Parking Commission (z) for appointing a commission to which the Council may delegate any or all of the powers exercisable by it under clauses (ee), (x), and (y) of this section;
Parking meters (aa) for locating, erecting, maintaining, and operating on any street automatic or other mechanical meters with the necessary standards and connections for the purpose of allotting parking-spaces on the street for vehicles and of measuring and recording the duration of such parking, and for requiring the operators of every vehicle parked in such space to make use of the said meters and deposit therein a fee for parking in the manner and at the rate prescribed by by-law and as measured by the meter, and for prohibiting any person from parking in such a space unless such meter is made use of and such fee is paid; (bb) for closing a street, or portion of a street, to vehicular traffic and not to pedestrian traffic, or vice versa;
Impounding of vehicles (cc) for (i) authorizing-the removal and detention or impounding of a vehicle, whether being driven or not, or other chattel that is unlawfully placed, left, kept or driven on a street, (ii) requiring the owner of a vehicle or chattel dealt with under this paragraph to pay to the city the amounts fixed by the by-law as the expenses of the removal and detention or impounding, including towing, storage and other charges, (iii) enabling the city to collect expenses referred to in subparagraph (ii) by the sale of the vehicle or other chattel at public auction or private sale as directed by the by-law or by action in a Court of competent jurisdiction, (iv) providing that, for the purposes of this section, a vehicle shall be deemed to be a vehicle unlawfully left on a street if the vehicle has
Dec. 31. 1996 173 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 318
(A) an automobile security system that is operating in contravention of a by-law, or (B) a horn that is audibly sounding for a period of more than 10 minutes, and (v) providing that any other vehicle that comes into the hands of the police shall be held and dealt with in accordance with the provisions of the by-law; (dd) for delegating to the Park Board all or any of the powers of the Council with respect to traffic upon a street, or portion of a street, in a park, as defined in Part XXIII of this Act; (ee) for acquiring by conveyance, lease, licence, or otherwise any property for the parking of vehicles, for providing and maintaining thereon the necessary buildings and equipment therefor, for operating and managing the business of affording parking accommodation thereon, and for entering into leases or other agreements with any person desiring to take over such property or to commence, carry on, manage, or take over such business upon such terms and conditions as may be deemed advisable by Council. (2) Despite subsection (1), if the Council or Park Board adopts a by-law under that subsection that contains a provision regulating or fixing the rate of speed at which a person may drive or operate a vehicle on a street, a person who contravenes that provision does not commit an,offence against the by-law. 1953-55-317; 1954-65-4; 1955-114-11; 1959-107-19; 1963-60-13,14; 1967-49-14; 1968-71-15,16; 1978-41-24; 1992-57-7; 1993-74-11; 1994-52-163; 1995-53-40.
Powers of Council 318. (1) The Council may provide
Stop-signs, etc. (a) for locating, establishing, and maintaining on any street such traffic signs, stop-signs, traffic lights or reflectors, traffic disks, markers, blocks, standards, indicators, traffic-control signals, or other devices or apparatus, whether automatic or manual, as may be deemed necessary for the regulation, direction, and control of traffic on any street, and for delegating to the City Engineer, or such other person as shall be named for the purpose, any or all the powers of locating, establishing, and maintaining mentioned in this clause;
School crossings (b) for authorizing the City Engineer or other person to designate by traffic signs and markings such portions of streets as in his discretion should be designated as school crossings or playground crossings, and, subject to the Motor Vehicle Act, for regulating traffic at such crossings, and for inflicting a minimum fine of fifteen dollars for any breach of such regulations;
174 Dec. .11. 1996 1953 Vancouver Charter Chap. 55 Section 319
One-way traffic (c) for designating certain streets; or portions of streets, upon which at all times, or during specified hours, vehicular traffic may move only in a named direction;
Emergency powers for constables (d) for empowering police constables to give directions during an emergency for the regulation or diversion of traffic upon a street in cases where (i) it is necessary or desirable to expedite traffic or relieve traffic congestion; or (ii) it is necessary to deal with accidental or other unexpected conditions affecting traffic; or (iii) the safety of persons or property will be protected; and for requiring that all persons shall comply with any direction so given, notwithstanding that it is at variance with a traffic-control signal, traffic sign, or the like.
(2) Despite subsection (1), if the Council or Park Board adopts a by-law under that subsection that contains a provision regulating or fixing the rate of speed at which a person may drive or operate a vehicle on a street, a person who contravenes that provision does not commjt an offence against the by-law.
1953-55-318; 1960-80-5; 1995-53-41.
Bylaws for— 319. The Council may make by-laws
Parades (a) for regulating parades and processions in or along any street, and for delegating to the Chief Constable the power to grant or refuse permits for such parades or processions and, when granted, to prescribe the routes of travel to be followed so as to prevent undue interference with other street traffic;
Gathering on street (b) for regulating the assembling or gathering of persons in or upon a street;
Sales on streets (c) for regulating the sale, or the offering or exposing for sale, of any merchandise or thing upon a street;
Advertising on streets (d) for regulating the exhibiting or placing of advertising-matter on, in, or above any street or on any pole or projection therein, including the
Dec. 31. 1996 175 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 320
billboards, hoardings, or other means used in connection with such adver tising-matter;
Distributing advertising-matter (e) for regulating the distribution of advertising-matter to persons or vehicles on any street, and for prohibiting persons from distributing any such matter if it is likely to be thrown or left upon a street;
Use of streets for motion pictures, festivals and other events (f) for regulating the use of any street for the making of motion pictures, television productions, festivals, races or other events, including the power to temporarily close streets to vehicular traffic, pedestrian traffic or both and to levy fees therefor. 1953-55-319; 1990-76-6.
Street names and signs 320. The Council may make by-laws (a) [Repealed 1987-52-26.] (b) for assigning names to streets and changing the names so assigned when deemed necessary, and affixing or otherwise displaying of such names at street comers or other convenient places either on a street or on private property. 1953-55-320; 1965-68-26; 1987-52-26.
Filings to be made 321. The Council may cause the necessary filings with respect to such naming or changing of names to be made in the land titles office or elsewhere. 1953-55-321; 1978-25-334, proclaimed effective October 31,1979.
Part XIII — Airport
Airports 322. (1) The Council may provide
Establishing airports (a) for acquiring real property either within or without the city for airports, landing areas, land aerodromes, water aerodromes, and seaplane harbours (all of which are in this Act included in the term “airports”), and for providing and maintaining thereon the ways, landing areas, buildings, equipment, and appliances necessary for the operation of airports; and for leasing any part of such real property not immediately required by the city upon such terms and for such time as the Council deems proper;
176 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 323
Operating airports (b) for managing and operating such airports and regulating the conduct of persons therein;
Collecting fees, etc. (c) for collecting fees and other moneys arising from the operation and use of such airports;
Delegating powers to commission (d) for appointing a commission to which the Council may delegate any or all the powers exercisable by it under this section. (2) [Repealed 1974-87-38.]
1953-55-322; 1974-87-38.
Part XIV — Nuisances
By-laws 323. The Council may make by-laws
Nuisances may be prohibited (a) for preventing, abating, and prohibiting nuisances;
Disturbing noises (b) for regulating the making or causing of noises or sounds anywhere within the city which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of persons in the vicinity, or which, in the opinion of the Council, are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; and may make different regulations or prohibitions for different areas of the city; and for providing for exceptional cases, where such noises may, with the permission of the Mayor, be permitted for limited periods, and for providing that the owner or occupant of any real property shall be deemed to be responsible for any noise emanating or which has regularly emanated from such real property and shall be liable to the penalties provided in the by-law; no penalty shall be imposed upon any person as owner without such person being given a reasonable opportunity to show cause why such penalty should not be imposed;
Firearms and fireworks (c) for regulating the discharge of firearms or the exploding of firecrackers and other fireworks;
Dec. .11, 1996 177 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 323
Regulation of sale and possession of fireworks (d) for regulating the sale or disposal to minors and others of rockets, firecrackers, Roman candles or other fireworks, and for regulating their possession, and providing that, where rockets, firecrackers, Roman candles or other fireworks are being held in violation of the by-law, they may be seized and disposed of without compensation;
Blasting (e) for regulating the use of any explosive agent for blasting, and for regulating and requiring persons engaged in blasting to give security for damage to persons who, or whose property, may be injured thereby; )
Junk (f) for regulating the keeping, storing, or offering for sale of junk, used materials, machinery, or vehicles, or parts thereof, and places where machinery or vehicles, or parts thereof, are disassembled, broken up, reassembled, or processed;
Waste materials (g) for regulating the buying or collecting of rags, bottles, cast-off clothing, and other used or waste materials and things, and for requiring the cleansing and sterilization or other treatment thereof, before they are disposed of, by those who buy or collect them as aforesaid;
Fumigating agents (h) for regulating the sale or use of materials giving off poison gas and other fumigating agents which are poisonous, and for regulating and requiring persons engaged in the business of fumigating rooms or premises, or keeping, storing, or transporting noxious fumigating materials to be registered as provided by by-law;
Refrigerants (i) for regulating the use of poisonous refrigerants or other noxious materials employed in bringing about changes in temperature;
Public bathing-pools (j) for regulating the use of bathing-pools and swimming-pools to which the public is admitted, whether for a fee or otherwise, and for prescribing the means and frequency of changing the water therein and of keeping them free from contamination and from the possibility of communicating disease to persons using them;
178 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 323
Laundries (k) for regulating the use of buildings and places for laundries, and for ensuring that cleanliness and sanitary conditions are observed therein;
Excavations to be filled (1) for requiring the owner or occupier of any real property to fill up any well, cellar, excavation, depression, septic tank, privy-vault, or cesspool where, in. the opinion of the Medical Health Officer, its continuance would be dangerous to health;
Removal of rubbish (m) for requiring the owner or occupier of any real property to remove therefrom any accumulation of rubbish, discarded materials, garbage, ashes, or filth, or any unsightly accumulation of graffiti, and lawfully to dispose of the same, and for providing that in default of such removal the city may, by its workmen or others, enter and effect such removal at the cost of the person so defaulting;
Transportation of offensive material (n) for regulating the transportation upon any street of offal, decayed materials, or other offensive matter or thing;
Smoke and dust regulation (o) for regulating the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes, or other effluvia into the air from any building or premises, boat, • ship, or vessel, and for requiring every owner or occupier of such building or premises and the owner or master of any boat, ship, or vessel to take such precautions and make such changes in, or additions to, any combustion-chamber, chimney, flue, stack, or equipment from or through which such emission takes place as will eliminate or reduce such emission to the extent required by the by-law;
Scale of density of emissions (p) for establishing or adopting a scale for grading the density of such emissions and for fixing degrees of density not to be exceeded in respect of such emissions;
Permit for certain equipment (q) for requiring persons constructing or installing combustion-chambers of any kind or any apparatus or equipment by which such emissions are caused to obtain a permit from the city before commencing such construction or installation, and for authorizing the withholding of such a permit unless the provisions of the by-law are complied with;
Dec. 31, 1996 179 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 324
Brush and weeds to be cleared (r) for requiring the owner or occupier of any parcel to clear the same of brush, trees, noxious weeds, or other growths, and, in default, for empowering the city, by its workmen or others, to enter and effect such clearing and to enter the cost thereof in the real-property tax roll with respect to such parcel;
Disposal of waste (s) for requiring manufacturers and processors to dispose of the waste from their plants in the manner directed by the by-law;
Mill-waste (t) for defining mill-waste, and for regulating the disposal thereof, and for ' compelling the owners or operators of mills of all kinds to dispose of mill-waste in the manner directed by the by-law;
Standard of maintenance (u) for requiring the owners or occupants of real property to maintain the said property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood; and, where the premises are not occupied by the owner thereof, for providing (after the giving of notice as hereinafter provided) that in default of such maintenance the city may, by its workmen or others, enter and effect such maintenance at the cost of the person so defaulting; no such work shall be undertaken by the City until the expiration of 60 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises;
Graffiti (v) for prohibiting, for the purpose of preventing unsightliness on real property, persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place. 1953-55-323; 1955-114-12; 1958-72-22,23; 1966-69-13; 1972-67-26; 1973-93-12; 1974-104-35; 1989-73-5; 1990-76-7.
By-laws for impounding and keeping of animals, etc. 324. The Council may make by-laws providing
Impounding of animals (a) for the seizure, impounding, and detention of unlicensed dogs and of dogs, horses, cattle, and other animals unlawfully permitted to be upon a street or at large;
Pound charges (b) for reasonable charges to be imposed by the city for their seizure, ' impounding, and detention and their maintenance while impounded;
180 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 324A
Disposition of impounded animals (c) for their sale or destruction in cases where such charges are not paid or where under the terms of the by-law such sale or destruction is prescribed;
Pounds (d) for establishing and maintaining such buildings, yards, enclosures, and other facilities for the keeping and disposition of impounded animals as may be necessary;
Pound-keeper (e) for the appointment of a pound-keeper and assistants;
Dogs to be muzzled (f) for requiring that owners, possessors, and harbourers of dogs, or any class of dogs, shall keep them effectively muzzled while they are at large or upon a street, or shall keep them on leash, or under the control of a competent person while upon a street, as the by-law may direct;
Keeping of animals (g) for regulating the keeping of horses, dogs, cows, goats, swine, rabbits, and other animals, and for defining areas within which such animals may be kept or within which the keeping of them is prohibited;
Regulations of kennels, etc. (h) for regulating kennels or other places for the care, breeding, hospitalization, or boarding of cats, dogs, or other animals, including mink, foxes, and other undomesticated animals, and for defining areas within which such kennels or places shall be permitted or within which they are prohibited;
Keeping of birds (i) for regulating the keeping of domestic poultry, pigeons, and other birds, and for defining areas within which such birds may be kept or within which the keeping of them is prohibited;
Seizure of any dog that bites (j) for the seizure, impounding and detention for a period of up to 21 days of any dog alleged to have bitten a person.
1953-55-324; 1987-52-27.
Enforcement of provisions of by-law re nuisance 324A. (1) The Council may, by resolution or by by-law, declare any building, structure, tree, or erection of any kind whatsoever, or any drain, ditch, watercourse, pond, surface water, or any other matter or thing in or upon any private or public lands, street or road, or in or about any building or structure, a nuisance or dangerous to
Dec. 31. 1996 181 Chap. 55 Vancouver Charter 1-2 Euz. 2 Section 324A
the public safety or health, and may, by such by-law or resolution, as may be directed therein, order that the same shall be removed, pulled down, filled up, or otherwise dealt with by the owner, agent, lessee, or occupier thereof, as the Council may determine, and within such time after the service of the order as may be therein named. Service of the order so made shall be effected by sending a copy of the order by return registered mail to the owner of the lands upon which such building, structure, tree, or erection stands, and to all other persons whose names appear on the records of the land titles office as having an interest in the said lands, and to the agent, if known, of the registered owner thereof, and to the occupier thereof, if any; the same to be sent to the last-known address of each interested person herein referred to; provided that if the occupier of the lands upon which such building, structure, tree, or erection stands has no address to which the order may be sent by mail, service of the order may be made by posting a copy of the same on said building, structure, tree, or erection. The Council may, by such by-law or resolution, further order that, in case of default by the owner, agent, lessee, or occupier to comply with the order within the period named in such order, such removal, pulling down, filling up, or other dealing with same shall be done by any officer of the corporation authorized for that purpose by the said resolution or by-law, at the cost of such owner, and payment of such costs and all expenses incidental thereto may be enforced against the owner thereof by such officer in an action in any Court of competent jurisdiction; pirovided, however, that such ordervor orders of the Council shall not be carried into effect until the expiration of sixty days after the date of.service by registered mail or by posting as aforesaid.
(2) It shall be lawful for the Council by the said resolution or by-law to order that any building, structure, tree, or erection so ordered to be dealt with, or any part or material thereof, shall be sold by auction or tender, or by private sale subject to the approval of the Council, or shall be otherwise disposed of in the discretion of the Council, and such sale or disposal may be effected at any time after the expiration of the period named in the order or orders herein referred to and after service thereof pursuant to this section. From the proceeds of such sale or disposal shall be deducted for the use of the city the actual costs and disburse ments incurred by the city in carrying out the said pulling down, removal, sale, and disposal under the provisions of this section, and the remainder of such proceeds shall be paid by the city to the owner or owners, or other persons lawfully entitled thereto, who are interested in the lands from which any such building, structure, tree, or erection, or part or material thereof, has been so removed, pulled down, sold, or otherwise disposed of.
(3) The provisions of this section shall apply to any building, structure, or erection of any kind whatsoever which, in the opinion of the Council, is in so dilapidated or uncleanly a condition as to be offensive to the community.
1957-85-9; 1978-25-334, proclaimed effective October 31, 1979.
182 Dec. 31. 1996 1953 Vancouver Charter Chap..55 Section 325
Part XV — Health
Health Department 325. There shall be a Health Department of the city, and a Medical Health Officer shall be appointed by Council. He shall have such duties and powers in addition to those prescribed by Statute as the Council may from time to time designate.
1953-55-325; 1984-32-11.
Local Board displaced 326. Notwithstanding the provisions of the Health Act, there shall be no Local Board of Health in the city, but all the powers and functions of such Board as provided by that Act shall be vested in and exercisable by the Council.
1953-55-326.
Provisional certificate not required 327. Section 28 of the Health Act shall not apply to the city.
1953-55-327.
Inspection 328. The Medical Health Officer shall have power to cause all necessary inspections to be made in order to ascertain whether the provisions of any Statute, regulation, or by-law with respect to public health or sanitation are being carried out in the city.
1.953-55-328.
Access to be permitted 329. It shall be the duty of the owner and occupier of any real property in the city to give to the Medical Health Officer and to any member of his staff, authorized by him for the purpose, such access at any reasonable time to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable any necessary inspection to be made.
1953-55-329.
Powers of Council 330. The Council may make by-laws
Health by-laws (a) for providing for the care, promotion, and protection of the health of the inhabitants of the city and for preventing the spread of contagious, infectious, or other disease, and, for that purpose, for regulating, controlling, and restricting persons and their activities;
Insanitation (b) for preventing, prohibiting, and remedying insanitary conditions and places in the city;
Dec. 31,1996 183 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 330
Food and drink to be wholesome (c) for regulating the bringing into the city of food or drink (not being liquor as defined by. the Government Liquor Act) intended for human consumption, and for preventing and prohibiting the entry or unloading of diseased or unwholesome food or drink (not being such liquor) intended for human consumption from any aeroplane, vessel, truck, railway car, or other conveyance;
Analysis of water (d) for providing for the periodical examination and analysis of the water supplied by the city and for tests as to its purity and wholesomeness;
Regulation of places where food kept (e) for regulating any place or vehicle where food or drink intended for human consumption is kept, manufactured, prepared, processed, packaged, blended, or treated, or where it is displayed, offered for sale, sold, carried, or served, and if such place or vehicle or anything therein is found to be insanitary, or such food or drink is found to be unwholesome or likely to be injurious to health, for authorizing the Medical Health Officer to seize and forfeit such food or drink;
Hours for milk delivery (f) for regulating the delivery of milk and milk products to consumers by means of vehicles, and for fixing the hours in various months of the year during which such delivery shall take place and for prohibiting it at other times;
Wells (g) for regulating the use for human consumption of water from wells, springs, or streams, and for requiring the owner of any real property upon which there is a well from which the water is prohibited from being used for human consumption to fill the same in;
Exclusion of dogs (h) for regulating owners and harbourers of dogs regarding the entry into, or presence of such dogs in, any place where food for human consumption is kept or offered for sale;
Regulation of pigeons, etc. (i) for requiring owners or occupiers of buildings to prevent pigeons or other birds from perching, roosting, or nesting thereon, and for regulating the feeding of pigeons by persons other than their owners;
184 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 330
Abattoirs (j) for regulating the slaughter of animals;
Requirements for multiple dwellings (k) for regulating the use and occupation of all buildings used as dwellings, except one-family dwellings, in respect of (i) the minimum floor-space to be provided for the occupant of each room thereof; (ii) the minimum cubic space to be provided for the occupant of each room thereof; (iii) the degree of ventilation, cleanliness, and access of natural light to be afforded in each room intended to be occupied; (iv) the suitability of any such room in respect of dampness or insani tation; (v) the maximum number of persons permitted to occupy rooms of various sizes; (vi) the minimum bathing and toilet accommodation to be provided, based upon the number of occupants of the dwelling; (vii) the minimum temperature to be maintained in any room while occupied;
Public lavatories (l) for acquiring real property, and for constructing and maintaining thereon or thereunder lavatories, urinals, water-closets, and the like conveniences, and for constructing and maintaining such conveniences upon or under a street;
Infectious diseases hospital (m) for establishing and maintaining, either within or without the city, hospitals and other places where persons suffering from, or suspected to be suffering from, contagious or infectious diseases may be isolated and treated;
Homes for disabled (n) for establishing and maintaining, either within or without the city, homes for aged, infirm, or disabled persons;
Non-complying premises not to be occupied (o) in cases where any Statute, by-law, or regulation with respect to health is not complied with, for empowering the Medical Health Officer to cause a notice to be posted on any premises requiring that they be not occupied or used for human habitation, and thereafter for compelling any person in occupation of such premises to vacate them, and for preventing other persons from entering or occupying them;
Dec. 31. 1996 185 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 331
Restaurants, etc., subject to regulation (p) for regulating restaurants, and places where prepared food or drink is served to the public, in all respects so far as the health of their patrons is concerned, and particularly (i) as to the sterilization and cleansing of receptacles for food or drink; (ii) as to toilet and other accommodation; (iii) as to such medical or laboratory examination .of employees as the Medical Health Officer may prescribe for the detection of contagious or infectious disease; (iv) empowering the Medical Health Officer to require such employees as in his opinion are likely to spread such disease to cease from their employment until he is satisfied that the danger of such spreading is past;
Remedy of inadequate utilities (q) for providing that where, in the opinion of the Medical Health Officer, any building used for dwelling purposes (other than a one-family dwelling) is being inadequately provided with heat, light, water, or similar utilities, he may cause a notice to be posted on the premises requiring the owner to remedy the inadequacy in the manner described in the notice, and for providing that if such inadequacy is not remedied within 24 hours the Medical Health Officer or any person authorized by him may enter on the premises and do all such things as may be necessary to remedy such inadequacy, and for providing that the cost thereof may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of such cost in the real-property tax roll with respect to such premises.
1953-55-330; 1978-41-25.
Part XVI — Cemeteries
Powers of Council 331. The Council may
Acquisition of cemetery property (a) acquire real property within or without the city to be used for cemetery or crematorium purposes, and lay out, develop, improve, maintain, regulate, and operate cemeteries and crematoria;
Regulation of cemeteries (b) regulate the interment or other disposition of the dead in such cemeteries and crematoria;
186 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 332
Violation prohibited (c) prohibit the violation of cemeteries and the damaging of any vaults, monuments, grave-stones, or graves within such cemeteries; Terms of use of cemeteries (d) 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 such cemeteries for the interment of the dead; Perpetual care (e) establish, set aside, and maintain a fund to defray the perpetual upkeep and care of a cemetery or part thereof, and accept from any person having the right to make use of any area or plot therein, and place in such fund, a capital sum for which the city may agree to ensure perpetual upkeep and care of such area or plot, and invest such fund in like manner as sinking funds are to be invested under Part V of this Act.
1953-55-331. Resumption of areas alienated 332. Notwithstanding that a person may have acquired the right to make use of a grave or a plot comprising a number of graves in such a cemetery for the interment of the dead, the Council may make application to the registrar under the Cemetery and Funeral Services Act that such right be revoked. If upon such application the city furnishes proof to the registrar (a) that no interment has been made in a grave, whether that grave forms part of a plot or otherwise; and (b) that, after reasonable search, such person or his personal representative cannot be found, the registrar may direct that the right to such grave be revoked, and thereupon the city may deal with the same as if the said right had never been granted. The person or his personal representative shall be entitled to be reimbursed upon proof that he is entitled thereto.
1953-55-332; 1956-70-8; 1989-21-140.
Part XVII — Penalties Fines and penalties 333. (1) Subject to subsection (2), for the purposes of enforcing its by-laws, the Council may by by-law (a) impose fines, imprisonment or both, (b) in cases where the offence is of a continuing nature, impose a fine not exceeding $50 for each day such offence is continued, and (c) provide for a minimum fine for an offence under any by-law.
Dec. 31. 1996 187 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 333A
(2) The Council may not impose a fine, imprisonment or other penalty, under subsection (1) for the contravention of a provision of a by-law made under section 317 (1) or 318 (1) that regulates or fixes the rate of speed at which a person may drive or operate a vehicle on a street. 1988-67-3; 1995-53-42.
333A. [Repealed 1988-67-4.]
Remedy of injunction 334. Without limiting the right to enforce any proprietary, contractual or other rights, where an offence is committed against any by-law passed in the exercise of the powers of the Council or the Board of Parks and Recreation, in addition to any other remedy provided or penalty imposed, the continuance of such offence may be restrained by action of the city or the Board of Parks and Recreation as the case may be, or by action at the instance of a registered owner of real property in the city. 1988-67-3:1993-54-71.
Powers of Justice of the Peace 335. Every fine and penalty imposed by or under the authority of this Act may, unless other provision is specially made therefor, be recovered and enforced with costs on summary conviction before a Justice of the Peace. 1953-55-335.
Expense may' be recovered from defaulter 336. Whenever the Council is empowered to require any person to do any matter or thing and if he defaults, to have the matter or thing done and charge the person so defaulting with the expense incurred, the Council shall have power to procure the matter or thing to be done and to authorize workmen and others to enter any premises for the purpose of doing so, and thereafter may (a) recover the expense so incurred as a debt due the city in any Court of competent jurisdiction; or (b) if such person appears by the Collector’s roll to be the owner, or owner under agreement, of a parcel of real property in respect of which the default occurs, direct that the amount of the expense so incurred (after certification by the Director of Finance) be inserted in the real-property tax roll as a charge imposed with respect to such parcel. 1953-55-336; 1965-68-29.
Delegation of power to board or tribunal 336A. Council may by by-law or resolution empower any board or tribunal constituted under this Act, or any inspector, official, or other person, to order or direct any person
188 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 336B
(a) to discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of any by-law or any terms or conditions specified by such board or tribunal; or (b) to carry out any work or do anything to bring any land or building into conformity with the by-law applicable thereto, or into conformity with any terms or conditions specified by any such board or tribunal. 1964-72-11; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83). Violation of by-law 336B. (1) Whenever any such board or tribunal or any such inspector or official is empowered, purusant to a by-law, to require any person by order, direction, or notice (a) to discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of any by-law or any terms or conditions specified by such board or tribunal; or (b) to carry out any work or do anything necessary to bring any land or any building into conformity with the by-law applicable thereto or into conformity with any terms or conditions specified by any such board or tribunal, the by-law may provide that failure on the part of the person to whom the order, direction, or notice is given to comply therewith within the time specified shall constitute a violation of the by-law. (2) The onus would be on the prosecution to prove that any order given under section 336A was a lawful order. 1964-72-11; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83). Idem 336C. Notwithstanding anything else contained in this Act, wherever Council has power to regulate buildings occupied as multiple dwellings or any person carrying on the business of renting accommodation therein, it may provide that the owner or person having actual control of such building shall, after reasonable notice thereof, be deemed to be responsible for any violation of any by-law passed pursuant to such power and shall be liable to the penalties provided therein. 1973-93-13. Idem 336D. (1) Where, during the course of carrying out his duties, the City Building Inspector observes a condition, with respect to land or a building or structure, that he considers (a) to be a contravention of a by-law or regulation relating to the construction or safety of buildings or structures, or (b) 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
Dec. 31. 1996 189 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 336D
(c) the contravention is of a nature that a purchaser, unaware of the contra vention, would suffer a significant loss or expense if the by-law were enforced against him he may, in addition to any other action that he is authorized or permitted to take, recommend to Council that a resolution under subsection (2) be considered. (2) A recommendation under subsection (1) shall be given to the City Clerk in writing and the City Clerk shall, after notifying the registered owner of the land with respect to which the recommendation relates, place the matter before the Council. After hearing the City Building Inspector and the owner, if he elects to be heard, the Council may confirm the recommendation of the City Building Inspector and may pass a resolution directing the City Clerk 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 respecting it may be inspected at the offices of the City Clerk and the City Clerk shall ensure that all records are available for that purpose. (3) Where the Registrar of Land Titles receives a notice under subsection (2) he shall, on payment of the prescribed fee, make a note of the filing against the title to the land that is affected by the notice. (4) The City Clerk shall, on receiving a report from a building inspector that the condition that gave rise to the filing of the notice under subsection (2) has been rectified, file a cancellation notice in the land title office, and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related. (5) In the event of any omission, mistake or misfeasance by the Registrar or his employees in relation to the making of a note of the filing under subsection (3) after the notice is received by the land title office (a) the Registrar is not liable nor is the Crown 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. (6) An owner of land with respect to which a notice has been filed under this section may apply to the Council for a resolution that the note be cancelled, and the Council may, after considering the application, pass a resolution directing the City Clerk to file a cancellation notice. (7) Where a resolution has been passed under subsection (6), the City Clerk shall file a cancellation notice in the land title office and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related. (8) Where the Council does not pass a resolution under subsection (6), the owner may apply to the Supreme Court and notify the city to attend before the Court to show cause why the note should not be cancelled, and the Court may, after reviewing any evidence that the owner and city may adduce, make an order
190 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 337
directing the Registrar to cancel the note made under subsection (3) and the Registrar shall, on receiving the order, cancel the note accordingly.
(9) 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.
1987-52-28.
Part XVIII — Department of Industrial Development
t Department of Industrial Development may be established 337. The Council shall have power to establish and maintain a Department of Industrial Development and to appoint an Industrial Commissioner as head thereof. The Department shall assemble and make available statistics and information for the following and such other purposes as the Council may direct: — (a) To bring the advantages of the city as a location for industry to the notice of manufacturers and others: (b) To publicize the facilities and amenities of the city as a place of residence.
1953-55-337.
Part XIX — Vancouver Athletic Commission
Commission may be established 338. The Council may make by-laws establishing and appointing annually a board of not more than five members to be known as the “Vancouver Athletic Commission” who, subject to clause (l), shall serve without remuneration, and for providing that such board shall have power within the city
To regulate boxing and wrestling (a) to regulate and supervise professional boxing, kick-boxing and wrestling contests and exhibitions;
Fees may be exacted (b) in addition to any other tax or fee payable under this Act and for the purpose of providing funds for the board’s proper expenses, to require persons conducting such contests or exhibitions to pay to the board a fee, to be fixed by the Council, in respect of each such contest or exhibition, which fee shall not exceed five cents for each seat made available to the public;
Dec. 31. 1996 191 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 338
Commission may make rules (c) to specify equipment and rules for the conduct of professional boxing and wrestling and any other professional contests within the jurisdiction of the board;
Issue permits to promoters (d) to issue permits to persons conducting professional contests or exhibitions as a condition of their being held;
To participants (e) to issue permits to boxers, wrestlers, and other participants in professional contests or exhibitions as a condition of their participating therein; (f) to empower the board before issuing any permit to require the applicant to give such security as the board may determine for the faithful performance of his obligations as specified by the board. The security so given may be enforced by and in the name of the board for the benefit of all persons entitled to claim thereunder;
Pass upon contracts (g) to pass upon and approve contracts for such contests or exhibitions as a condition of their being held;
May discipline participants (h) to investigate the conduct of any participants in such contests or exhibitions or of persons conducting the same, and particularly with respect to any alleged breach of the by-law or rules made thereunder, with power by way of punishment to impose reasonable fines for misconduct, or to prevent such participants or persons from taking part in any contests or exhibitions in the city for reasonable periods;
Decisions appealable to Council (i) to provide that the decision of the board with respect to the granting or refusal of any permit or any other matters within its jurisdiction shall be final, subject to an appeal to the Council;
Permit required (j) to prevent any person from participating in or conducting any such contest or exhibition, or from advertising the same, unless he has been granted a permit for the purpose; . \
Remedy by injunction (k) whether or not any penalty has been imposed, to restrain any person conducting any such contest or exhibition or participating therein without the specified permit, by action in the Supreme Court brought by the board
192 Dec. 31. 1996 1953 Vancouver Charter Chap! 55 Section 339
in its name without the Crown or the Attorney-General or any other officer of the Crown being made a party to such action;
Appointment of secretary (1) to appoint and. remunerate a member of the board or some other person to be secretary of the board, with such duties as the board may prescribe. 1953-55-338; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1984-32-12.
Part XX — Real-property Taxation
339. [Repealed 1974-114-17.]
340 to 348. [Repealed 1977-30-150, proclaimed effective September 30, 1977.]
Contiguous parcels 349. Where contiguous parcels have been assessed as one parcel under section 5 of the Assessment Act, such parcels, whether owned by the same person or not, for the purpose of taxation and the collection of real-property taxes shall be deemed to constitute one parcel. 1977-30-151, proclaimed effective September 30,1977.
350. [Repealed 1977-30-152, proclaimed effective September 30, 1977.]
Apportionment of taxes on subdivision 351. (1) On satisfactory evidence being produced to the assessor that a parcel of land on which taxes are due has been subdivided by a duly registered plan of subdivision, or that part of any other parcel of land on which taxes are due has been sold and a deed executed and delivered to the purchaser, the assessor may by certificate under his hand apportion the assessment and the Collector may apportion the taxes as between the several parts of the subdivided parcel shown on the plan or as between the part of the other parcel so sold and conveyed and the remainder of the parcel. (2) The Collector may then receive payment of the taxes so apportioned in respect of any part of the subdivided parcel or in respect of the part of the other parcel so sold and conveyed, and leave the remainder of the subdivided parcel or other parcel, as the case may be, chargeable with the remainder of the taxes due. 1977-30-152, proclaimed effective September 30, 1977.
352 to 367. [Repealed 1977-30-152, proclaimed effective September 30, 1977.]
368. [Repealed 1969-45-22.]
369 to 371. [Repealed 1977-30-152, proclaimed effective September 30, 1977.]
Dec. 31. 1996 193 Chap. 55 Vancouver Charter 1-2 Euz. 2 Section 372
Estimates and Rating By-law
Annual estimates 372. In each year as soon as possible after the Court of Revision has finally passed the real-property assessment roll, the Council shall consider the report submitted by the Director of Finance pursuant to section 219, and shall cause to be prepared and shall adopt the estimates for the current year. The estimates so adopted shall show the anticipated revenues of the city from every source and the anticipated expenditure for that year. 1953-55-372;1965-68-29.
Rating by-law 373. As soon as the estimates for the year have been adopted, the Council shall pass a rating by-law based upon such estimates fixing, subject to the limitations herein provided, a rate of levy on every parcel of real property liable to taxation on the real-property assessment roll prepared pursuant to the Assessment Act to raise a sum by way of real-property taxes which, added to the estimated revenue of the city from other sources, will be sufficient to pay all debts and obligations of the city falling due within the year and not otherwise provided for. 1953-55-373; 1955-114-13; 1977-30-153, proclaimed effective September 30, 1977; 1978-41-26; 1992-70-32.
Levy on net taxable value 374. In the rating by-law the levy shall, with respect to each parcel, be on the net taxable value of land and improvements as shown on the real-property assessment roll prepared pursuant to the Assessment Act, subject to any variation that may have resulted from an appeal, or as adjusted under a by-law adopted pursuant to section 374.4. 1977-30-154, proclaimed effective September 30, 1977; 1992-70-33.
Interpretation 374.1 In sections 374.2 to 374.5 “property class” means a class of property prescribed under section 26 (8) of the Assessment Act. 1992-70-34.
Variable property tax rate system 374.2 (1) Notwithstanding the provisions of any Act, the Council shall adopt a variable tax rate system under which individual rates of levy are determined and imposed for each property class. (2) [Repealed 1992-70-35.] 1990-31-14; 1992-70-35.
Limits on variable tax rate system 374.3 (1) The Lieutenant Governor in Council may make regulations respecting the variable tax rate system provided for in section 374.2, including regulations
194 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 374.4
(a) prescribing limits on levy rates, (b) prescribing relationships between levy rates, and (c) prescribing formulas for calculating the limits or relationships referred to in paragraph (a) or (b). • (2) Under subsection (1) the Lieutenant Governor in Council may prescribe different limits, relationships or formulas for each property class.
1992-70-36.
Assessment averaging and phasing in by-laws 374.4 (1) Instead of levying rates on the assessed value of land and improvements, the Council may, by by-law, levy the rates (a) on the sum of (i) the average of the net taxable value of the land in the current year and the 2 preceding calendar years, and (ii) the net taxable value of improvements in the current year, or (b) on the sum of (i) the net taxable value of land in the current year minus not more than 66% and not less than 50% of the amount by which the increase in the net taxable value of the land in the current year exceeds the average percentage increase in the value in the current year of all land within the city included in the same property class, and (ii) the net taxable value of improvements in the current year. (2) The Council shall not adopt a by-law under subsection (1) unless (a) the Council conforms to the requirements of any regulations made under section 374.5, (b) before January 1 of the year in which the by-law is to take effect, notice of intent to consider the by-law is provided to the assessment commissioner, (c) after January 1 of the year in which the by-law is to take effect and at least 2 weeks before the adoption of the by-law, a notice that contains the prescribed information and that describes the estimated effect of the by-law on the taxation of sample properties within the city is published in 2 consecutive issues of a newspaper, (d) the by-law is adopted before March 31 in the year in which it is to take effect, and (e) the by-law establishes a procedure to allow property owners to complain to the Council, sitting as a Court of Revision, about errors made in applying the by-law to their property. (3) On the initiative of the Collector of Taxes or on the request of an owner who is notified under section 403 of adjustments to the net taxable value of the owner’S
Dec. 31, 1996 195 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 374.4
property, the Collector of Taxes may correct errors made in applying the by-law to any property. (4) Subject to any regulation made under section 374.5, a by-law under subsection (1) may (a) apply to one or more property classes, or (b) modify the averaging formula in subsection (1) (a) or the phasing in formula in subsection (1) (b) to exempt from the by-law or govern the application of the by-law to particular types of property within a property class, including property the assessed value of which is not the same as on the previous assessment roll as the result of (i) an error or omission, (ii) a subdivision or consolidation or a new development to, on or in the land, (iii) a change in physical characteristics, in zoning, in the classification of the property under section 26 (8) of the Assessment Act or in the eligibility of the property for assessment under section 26 (4), 28 or 29 of that Act, or (iv) any other prescribed factor. (5) Where the Council adopts a by-law under subsection (1), (a) the assessed value or the net taxable value shall continue to be the basis for determining the amount of money to be raised in the city for the purposes of (i) section 810 of the Municipal Act, (ii) sections 135 and 150 of the School Act, (iii) section 15 of the Assessment Authority Act, (iv) sections 13 and 14 of the Municipal Finance Authority Act, (v) sections 11 and 12 of the British Columbia Transit Act, and (vi) any other prescribed enactment, and (b) the value determined under the by-law, and not the assessed value or the net taxable value referred to in this or any other Act, shall be the basis for taxing properties within specified property classes to raise the money required under the provisions referred to in paragraph (a). (6) Where a body other than the Council sets a rate under an enactment for calculating property taxes and the Council adopts a by-law under this section, the Council shall, by resolution and notwithstanding any other Act, substitute a rate that is sufficient to raise the same amount of revenue in the city for that body from each property class to which that by-law applies as the amount that would have been raised for that body had that by-law not been adopted. (7) Where the amount of revenue raised in any year for a body under subsection (6) exceeds the amount that would have been raised had the Council not substituted
196 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 374.5
a rate, the excess revenue shall be held by the Council at the credit of the body for the purpose of reducing the rate for the next year. (8) This section applies to the 1993 or any subsequent taxation year.
1992-70-36.
Limits on averaging and phasing in by-laws 374.5 The Lieutenant Governor in Council may make regulations (a) restricting the property classes to which a by-law under section 374.4 may apply, (b) defining any term used in section 374.4, (c) governing the way in which the averaging formula in section 374.4 (1) (a) or the phasing in formula in section 374.4 (1) (b) may be modified to exempt from the by-law or govern the application of the by-law to particular types of property within a property class, including property referred to in section 374.4 (4) (b), (d) prescribing the information to be contained in the notice that is to be published under section 374.4 (2) (c), and (e) prescribing factors for the purposes of section 374.4 (4) and enactments for the purposes of section 374.4 (5).
1992-70-36.
Pending appeals, how dealt with 375. No account need be taken in the rating by-law of undecided appeals with respect to real-property assessments. If, upon the later decision of such an appeal, any change in the real-property assessment roll or tax roll is adjudged, the necessary changes shall be made; and if in the meantime payment has been made, the change shall be given effect to by repayment if overpayment has been made to the city, and by collection of the balance if underpayment has been made to the city.
1953-55-375; 1990-31-15; 1992-70-37.
Rebates or penalties 376. The Council may by by-law provide for percentage additions, not exceeding ten per centum, to be made to real-property taxes levied by a rating by-law or a by-law under section 374.3 and to any other charges lawfully imposed and inserted in the tax roll if not paid by certain times in the year in which they are levied, and may fix the times and percentages accordingly. The amounts so added shall be deemed to be part of such real-property taxes for the year in which they are added.
1953-55-376; 1990-31-16.
Preparation and revision of residential flat rate tax roll 376.1 (1) Where a by-law is adopted under section 374.3, the Collector of Taxes or other person named by the Council shall, at Council’s direction, prepare a residential flat rate tax roll.
Dec. 31. 1996 197 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 377
(2) The residential flat rate tax roll must contain (a) the name of the owner of each parcel of real property that is subject to tax under the by-law, (b) the class of residential property in which the parcel of real property is, by by-law, included, and ' (c) the number of the by-law under which the parcel of real property is classified. (3) The Council, sitting as a Court of Revision, may hear complaints about the residential flat rate tax roll and shall fix the date and place for the hearing. (4) At least 2 weeks before the date fixed for the Court of Revision, the Collector of Taxes shall mail to each owner named in the residential flat rate tax roll, a notice containing (a) the particulars on the roll relating to that owner’s property, and (b) the time and place fixed for hearing complaints. (5) The Court of Revision (a) may correct the residential flat rate tax roll if (i) the name of an owner of a parcel of real property is not correct, (ii) a parcel of real property is not residential property, or (iii) a parcel of real property is not classified in accordance with the by-law, and (b) may direct that a parcel of real property that was not included on the residential flat rate tax roll be included if it appears to the Court of Revision that the parcel should have been included. (6) Sections 513 and 514 apply in respect of a decision made by the Court of Revision under this section.
1990-31-17.
377 and 378. [Repealed 1969-45-22.]
Appeals from Real-Property Court of Revision
379 to 384. [Repealed 1969-45-22.]
385. [Repealed 1977-30-155, proclaimed effective September 30, 1977.]
386 to 395. [Repealed 1969-45-22.]
Assessment for golf courses 395A. (1) For the purposes of this section, “land” means land maintained as a golf course. (2) Notwithstanding the provisions of this or any other Act, the Council may enter into an agreement with the owner of land fixing an amount that shall be deemed
198 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 395A
to be the assessed value of the land during the term of the agreement for the purpose of levying taxes for general purposes only. (3) The actual value of the land as determined by the Assessor pursuant to the provisions of the Assessment Act shall be set out in the agreement. (4) If the owner of land which is covered by such an agreement sells the land, he shall be liable to the city either for one-half of the amount by which the sale price exceeds the actual value as set out in the agreement pursuant to subsection (3) or for the sum calculated under subsection (6), whichever is the greater amount. (5) If the owner of land which is covered by such an agreement sells part only of the land, he is liable to the city for an amount equal to (a) the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum; and (b) one-half the difference between (i) the sale price of the land being sold where the sale price exceeds the amount determined under paragraph (ii); and (ii) the amount that bears the same proportion to the actual value of the land covered by the agreement that the area of the land sold bears to all the land covered by the agreement. (6) If the owner of land covered by such an agreement allows the land or any part thereof to be used for any purpose other than a golf course, he is liable for and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes on the whole of the land that would have been paid but for the agreement together with accrued interest on the difference compounded annually at six per centum, and the agreement shall be terminated with respect to the land the use of which has changed. (7) The city shall have the first right of refusal in respect of any land that is the subject of an agreement made under this section. (8) The assessor shall continue to assess land covered by such an agreement and shall maintain a record of such assessments. The owner of the land shall have the right to appeal such assessments. (9) An agreement under this section is registrable under the Land Titles Act, and upon registration constitutes a charge upon the land having preference over any claim, lien, privilege, or encumbrance of any party except the Crown. (10) Notwithstanding the provisions of this section, (i) the Council may enter into an agreement with Shaughnessy Golf and Country Club fixing the amount that shall be deemed to be the assessed value of the latter’s interest in the land presently maintained as Shaughnessy Golf and Country Club;
Dec. 31. 1996 199 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 396
(ii) the actual value of the interest of Shaughnessy Golf and Country Club in the land as determined by the Assessor pursuant to the provisions of the Assessment Act Shall be set out in the agreement together with the value of the interest; (iii) if after entering into such an agreement Shaughnessy Golf and Country Club sublets or assigns the whole or any part of the land covered by the agreement to any person other than the City of Vancouver, or uses or permits the land or any part thereof to be used for any purpose other than a golf course, then the agreement shall become null and void and Shaughnessy Golf and Country Club shall be liable and shall pay to the city an amount equal to the difference between the taxes that have been paid since the date of the agreement and the taxes that would have been paid but for the agreement, together with accrued interest on the difference compounded annually at six per centum; (iv) the city shall have the first right of refusal on Shaughnessy Golf and Country Club’s interest in the lands; (v) the city shall have a charge against the interest of Shaughnessy Golf and Country Club for the payment of all moneys and the performance of all obligations required to be paid or observed or performed by Shaughnessy Golf and Country Club under the agreement, and such charge shall have preference over any claim, lien, privilege, or encumbrance of any person except the Crown.
(11) Save and except an agreement under subsection (10) hereof, no agreement under this section shall be binding on either party or have any force or effect until registered in the land titles office.
1965-68-27; 1977-30-156, proclaimed effective September 30, 1977; 1978-25-332,334, pro claimed effective October 31, 1979.
Taxation of Real Property
Liability to taxation 396. (1) All real property in the city is liable to taxation subject to the following exemptions: —
Crown exempt; tenant or occupier liable (a) Crown lands; provided, however, that the right or interest of an occupier of Crown lands, not holding in an official capacity, shall be liable to taxation, and he shall be personally liable therefor as if he were the owner of such real property, but the property shall not be subject to lien under section 414 nor subject to tax sale under section 422:
200 . Dec. 31, 1996 1953 Vancouver Charter Chap. 55 Section 396
City property exempt (b) Real property vested in the city and Crown lands leased by the city for park purposes: (c) Real property
Also charitable institutions (i) of which an incorporated charitable institution is the registered owner or owner under agreement, either directly or through trustees therefor, and which is in actual occupation by such institution and is wholly in use for charitable purposes;
And certain institutions of learning (ii) of which an incorporated institution of learning regularly giving to children instruction accepted as equivalent to that furnished in a public school is the registered owner, or owner under agreement, and which is in actual occupation by such institution and is wholly in use for the purpose of furnishing such instruction;
And certain hospitals (iii) of which a hospital receiving aid under the Hospital Act is the registered owner, or owner under agreement, either directly or through trustees therefor, and which is in actual occupation by such hospital and is wholly in use for the purposes of the hospital or which is held by the hospital for future use as a hospital-site and the same has been designated by the Minister of Health to be exempt from taxation;
And churches (iv) of which a religious organization, either directly or through trustees therefor, is the registered owner, or owner under agreement, and which is set apart and in use for the public worship of God; provided, however, that the exemption by this clause conferred shall not be lost by reason of the use of the church property for any of the purposes hereinafter set out if it is so provided by by-law:— The use of the church property by a government, notwithstanding that a fee is paid for such use: The use of the church property for the care or instruction of children under school age by a charitable or non-profit organization: The use of the church property for the purpose of teaching organ or choral music, notwithstanding that a fee is charged therefor: The use of the church property for the holding of organ recitals, notwithstanding that the recitalist receives a fee therefor: (v) [Repealed 1987-52-30.]
Dec. 31. 1996 201 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 396
And certain real property occupied by S.F.U. (vi) occupied by Simon Fraser University in the building commonly known as the Sears Harbour Centre and specifically described as Block 13, District Lot 541, Plan 15728 but this exemption shall be limited to the portion of the real property actually occupied by the University.
Emergency shelters (d) An improvement designed, constructed, or installed for the purpose of providing emergency protection for persons or domestic animals in the event of a disaster or emergency within the meaning of those terms as used in the Cm/ Defence Act:
And land or improvement for pollution control (e) Sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter elimi nators: (e.01) Land and improvements adapted or designed and exclusively used for the purpose of abating pollution by controlling waste substances, but not including improvements used for the purpose of converting or treating waste substances with a view to producing from them any commercial or useful product, provided that where land or improvements exempted under this paragraph are not exclusively used to abate pollution in the manner referred to in this paragraph, but are primarily so used, the assessment commissioner may, in his discretion, determine the portion of the assessed value of the land or improvements attributable to that abatement, and that portion is exempt:
And Vancouver Court House (e. 1) Lands and improvements known as the Vancouver Court House and specif ically described as Block 51 District Lot 541 Plan 14423, So long as they are occupied by The Vancouver Art Gallery Association:
0 Meaning of “improvement” (f) The word “improvement” where used in clause (e) shall have the meaning ascribed to it in the Assessment Act:
Charitable institution (g) Notwithstanding paragraph (c) (i), real property of an incorporated charitable institution which is used for senior citizens’ housing or a community care facility, and which receives or has received grants or
202 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 396A
assistance pursuant to any Provincial or federal legislation, shall only be exempt if it is so provided by by-law. (2) Septic disposal systems are not exempt from taxation under this section. 1953-55-396; 1956-70-9; 1961-76-7; 1964-72-15; 1966-69-15; 1969-35-27; 1969-45-23; 1970-54-20, effective December 1,1969; 1973-93-25; 1974-87-38; 1977-30-157, proclaimed effective September 30, 1977; 1977-75-7, proclaimed effective October 21, 1977; 1984-26-86, effective May 31, 1984 (B.C. Reg. 164/84); 1985-20-41, effective July 11, 1985 (B.C. Reg. 214/85); [amended 1985-51-79, not in force, amendment not included], 1987-2-5; 1987-52-29,30; 1988-67-5; 1990-31-18; 1990-32-11; 1993-59-50; 1993-74-12.
Exemptions for heritage properties 396A. (1) In this section and section 396B “eligible heritage property” means property • that is (a) protected heritage property, (b) subject to a heritage revitalization agreement under section 592, or (c) subject to a covenant under section 215 of the Land Title Act that relates to the conservation of heritage property. (2) Despite section 396 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 the Council may, by by-law 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 heritage property from real property taxation under this Part; (b) if eligible heritage property exempted under paragraph (a) is a building or other improvement so affixed to the land as to constitute real property, exempt an area of land surrounding the exempted property from real property taxation under this Part for the same period of time as the exemption is made under paragraph (a); (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 by-law under subsection (2) may provide a tax exemption (a) for the next calendar year, or (b) if the by-law receives the assent of the electors or is approved by the electors in accordance with subsection (4), for a specified period not greater than 10 years. (4) Approval of the electors to a by-law under subsection (2) is deemed to have been given if all the following requirements are met: (a) at least 30 days before adopting the by-law, a notice is published in at least 2 issues of a newspaper circulating in the city (i) identifying the eligible heritage property that would be subject to the by-law,
Dec. 31. 1996 203 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 396B
(ii) describing the exemption that would be made for the eligible heritage property, and (iii) stating that the by-law may be adopted by the Council after 30 days unless more than 1/20 of the electors petition the Council to obtain the assent of the electors to the by-law; (b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the City Hall during its regular office hours; (c) by the end of 30 days after the notice is first published under paragraph (a), 1/20 or fewer of the electors have petitioned the Council to obtain the assent of the electors to the by-law. (5) Within 30 days after adopting a by-law under this section, the Council must give notice of the by-law to the minister responsible for the Heritage Conservation Act in accordance with section 602.
1994-43-92.
Repayment requirement in relation to heritage exemptions 396B. (1) A by-law under section 396A may provide that, if any of the following circum stances as specified in the by-law occur, the Council may require the owner of the eligible heritage property at that time to pay to the city an amount equivalent to the total taxes exempted under the by-law plus interest from the time at which the exempt taxes would otherwise have been payable, compounded annually at the rate established under section 415 for delinquent taxes: (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 by-law occur.
(2) A by-law under section 396A 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 by-law applies. (3) If a by-law under section 396A includes a provision under subsection (1), within 30 days after the by-law is adopted the Council must have notice of the by-law filed in the land title office in accordance with section 601.
(4) If a by-law under section 396A includes a provision under subsection (1) and a circumstance referred to in the provision occurs, the Council may, by by-law adopted by at least 2/3 of the votes cast, either
204 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 397
(a) require the owner to pay the amount referred to in subsection (1), or (b) waive the obligation of the owner to pay all or part of the amount referred to in subsection (1). (5) If the Council does not adopt a by-law under subsection (4) (a) within one year after it becomes aware of the circumstance in relation to which the by-law could be adopted, the Council is deemed to have waived all obligation of the owner to pay the amount referred to in subsection (1). (6) If the Council adopts a by-law under subsection (4) (a) within the time period referred to in subsection (5), the Council may (a) add the amount referred to in subsection (1) to the taxes for the current year payable to the city in relation to the eligible heritage property, or (b) make an agreement with the owner regarding payment of the amount referred to in subsection (1) as a personal debt to the city. 1994-43-92.
Extent of exemption 397. (1) The exemptions provided for under clause (c) of section 396 (1) shall extend to so much real property as is reasonably necessary for the purposes of the insti tution, hospital, or religious organization, and no further; provided that if a parcel is partly exempt and partly taxable, it need not be severed, but the taxes on the taxable portion shall be deemed to apply to the whole parcel.
Change of status (2) Where a transfer, sale, or lease is made of real property theretofore exempt from taxation under clauses (a) and (c) of section 396 (1) to some person not entitled to such exemption, or where real property used for some purpose which would entitle it to exemption thereunder ceases to be so used, or where a sale of real property theretofore exempt from taxation under clause (b) of section 396 (1) is made to a person not otherwise entitled to exemption from taxes, such real property shall be liable to taxation from the date of such transfer, sale, lease, or cesser of user, as the case may be. (3) Where the assessment roll is completed before the transfer, sale, or lease comes to the attention of the assessor, he shall (a) give a notice of assessment to the transferee, purchaser, lessee, or other person who, but for the exemption, would have been liable to taxation, and (b) assess the property on a supplementary assessment roll. (4) Residential property that is only partly exempt from taxation under section 396 (1) or a by-law under section 396A is liable to taxation under section 374.3. 1953-55-397; 1966-69-16; 1967-63-6; 1968-71-18; 1973-93-14; 1977-30-158, proclaimed effec tive September 30, 1977; 1990-31-19; 1990-32-12; 1992-57-8; 1994-43-93.
Dec. 31,1996 205 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 398
Equipment on streets to be taxed 398. (1) The poles, conduits, cables, and wires of any electric light, electric. power company, or closed-circuit television company; the mains of any gas company; and the plant and machinery, being fixtures appurtenant thereto and used in any way in connection therewith by any such company when situate on any street or public place, shall be deemed to be rateable property, and shall be liable to taxation for municipal purposes as provided in subsection (2) hereof and for school purposes as provided in the School Act.
Basjs of taxation (2) The companies referred to in subsection (1) shall pay to the city annually, (a) [Repealed 1988-67-6.] (b) in the case of every gas company, electric light company, and electric power company, at the rate of one and one-quarter per centum per annum on the revenue, being the amount actually annually received by such company for gas, electric light, or electric power consumed within the city; (c) in the case of every closed-circuit television company, at the rate of one and one-quarter per centum per annum on the revenue, being gross rentals actually annually received from its subscribers for closed-circuit television service situate within the city.
Return by companies (3) Every company to which this section applies shall annually, without any notice or demand, make a return of its revenue as aforesaid for the previous year, and shall file such return with the Director of Finance on or before the fifteenth day of April in each year, and shall on or before the third day of July in each year pay to the city the amount imposed by this section. The amount so payable shall bear interest at the rate of eight per centum per annum from such third day of July until payment is made. (4) The taxation imposed by subsection (2) shall be in lieu of all taxes (other than taxes for other than general municipal purposes) otherwise imposed and payable to the city upon the property mentioned in subsection (1). (5) “Closed-circuit television company” includes a person operating for a fee or charge a television-signal receiving antenna or similar device, or equipment for the transmission of television signals to television receivers of subscribers, or any or all of such devices and equipment. (6) Paragraph (ii) of clause (a) of subsection (2) shall come into force and take effect as of the first day of January, 1973, and is retroactive to the extent necessary to give effect to the provisions thereof. 1953-55-398; 1957-85-20; 1960-80-8; 1965-68-29; 1972-67-27; 1973-93-15tO 18; 1977-30-159, proclaimed effective September 30, 1977; 1982-2-53, effective midnight December 31,1981; 1988-67-6; 1989-61-223. .
206 Dec. .11. 1996 1953 Vancouver Charter CHAP: 55 Section 399
Exemption from business tax 399. None of the several companies aforesaid shall be required to pay the business tax in respect of any premises occupied or used by it solely for the purposes of the generation, transformation, or distribution of electric light, electric power, or gas or for the purposes of telephonic communication, or to pay licence fees other than those payable pursuant to clause (e) of section 272. Nothing herein shall relieve the said companies, or any of them, from liability to pay the business tax in respect of the offices and premises, other than those aforesaid, occupied or used by them.
1953:55-399; 1973-93-19.
Collection of Real-Property Taxes
Tax roll 400. In each year, upon the passing of the rating by-law, the Collector of Taxes appointed by the Council shall cause a real-property tax roll to be prepared. It need not be in the form of a roll or book, but may consist of a system of sheets, cards, or other records capable of use wholly or in part by mechanical devices.
1953-55-400.
Its contents 401. (1) The Collector shall cause to be entered in the real-property tax roll the following, and such other particulars as the Council shall direct, with respect to each parcel appearing on the real-property assessment roll as being liable to taxation: — (a) A short description of the parcel as it appears on such assessment roll: (b) The name of the person entered in such assessment roll with respect to such parcel, showing whether he is owner, owner under agreement, or occupier: (c) His address taken from such assessment roll; provided that where such person has, in writing, authorized an address other than that on the assessment roll, the Collector shall substitute that address on the real-property tax roll until written notice of the termination of such authority has been given to him: (d) The assessed value of the land as it appears in the assessment roll, exclusive of exemptions, if any: (e) The assessed value of the improvements, if any, as it appears in the assessment roll, exclusive of exemptions, if any: (f) The real-property taxes for the year as levied by the rating by-law, to the extent that the parcel is not exempt as shown by such assessment roll or otherwise: (g) Any charge imposed pursuant to this Act, other than real-property taxes levied by a rating by-law: (h) Any delinquent real-property taxes.
Dec. 31. 1996 207 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 401A
(2) Notwithstanding subsection (1) (b) and (c), where the Collector is advised by the Assessment Commissioner of a change in the name or address of a person entered in the assessment roll, he shall enter the change in the real-property tax roll. 1953-55-401; 1977-30-159A, proclaimed effective September 30.1977.
Supplementary roll 401A. (1) Upon receipt of a supplementary roll prepared pursuant to the Assessment Act, the Collector shall follow the procedure set out in section 401 and process each entry on the supplementary roll as if it had been an entry on the real-property assessment roll. Each parcel entered on the supplementary roll shall be taxed at the rate or rates established for that class of property in the rating by-law passed pursuant to section 373. (2) Taxes resulting from an entry on a supplementary roll are a debt due to the city and subject to all methods available to the city for the recovery of taxes including tax sale. (3) Taxes resulting from an entry on a supplementary roll are due and payable 30 days after notice of the tax payable has been sent to the assessed owner and notwithstanding any provision of this Act, no penalty or interest shall be added in that period. Any taxes unpaid after the time provided in this subsection shall be subject to the penalties and interest provided for in this Act. (4) Where an assessment on a supplementary roll is set aside or the assessed value reduced by the Court of Revision established under the Assessment Act, or an appeal from the Court of Revision, the Collector shall refund to the taxpayer the excess amount of taxes together with any penalty or interest paid on the excess. Where no tax payment was made, the Collector shall adjust the tax roll to record the proper information. (5) This section is retroactive to January 1, 1984 and shall be conclusively deemed to have come into force on that date. 1985-89-7, effective January 1. 1984; 1990-31-20; 1992-70-38.
Collector to have custody 402. The real-property tax rolls of the city shall, unless otherwise ordered by competent authority, at all times remain in the custody of the Collector, and he shall be responsible for their safe-keeping. 1953-55-402.
Mailing and content of tax statements 403. (1) Upon completion of the real-property tax roll, the Collector shall proceed to collect the taxes and charges appearing thereon with respect to each parcel from the persons liable therefor, and shall with due dispatch cause to be mailed to each person whose name is required to be entered on such tax roll and by whom the real-property taxes in respect of such parcel are payable, at the address appearing
208 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 404
on the tax roll, a tax statement in the like form as is prescribed by the Municipal Act. (2) The tax statement must include or have enclosed with it, for each parcel of land on the assessment roll the net taxable value of which has been adjusted under a by-law adopted under section 374.4, a statement (a) informing the owner that assessed values and certain tax rates have been adjusted as a result of the by-law, (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 of Taxes to correct errors and for complaining to the Council, sitting as a Court of Revision.
1953-55-403; 1968-53-24; 1992-70-39.
Date of mailing to be recorded 404. The Collector may cause a record to be kept of the date of mailing of each such tax statement. Such record shall be prima facie evidence that the statement was mailed on the date appearing in such record.
1953-55-404.
Copies may be had 405. Any person who applies in writing to the Collector for a copy of a tax statement shall be entitled to such copy on payment of a fee of twenty-five cents for each parcel, or such other amount as the Council shall determine.
1953-55-405.
Warning of tax sale 406. If any taxes have been delinquent for a period of one year on real property subject to tax sale, the Collector shall cause a warning to be added to the relevant tax statement to the following effect; — Taxes delinquent. This property will be sold for taxes in November of next year unless all taxes now delinquent for a period of one year are sooner paid.
1953-55-406.
Further warning of tax sale 407. If any taxes have been delinquent for a period of two years on real property subject to tax sale, the Collector shall cause a warning to be added to the relevant tax statement to the following effect: — Taxes delinquent. This property will be sold for taxes in November of this year unless all taxes now delinquent for a period of two years are sooner paid.
1953-55-407.
408. [Repealed 1974-104-36.]
Dec. 31. 1996 209 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 409
Charges, how treated 409. Any charges lawfully inserted in the real-property tax roll with respect to any parcel which remain unpaid on December 31st in the year in which they are so inserted, and any interest added pursuant to section 415 shall be deemed to be delinquent real-property taxes for all the purposes of this Act. 1953-55-409; 1970-54-21.
Taxes deemed due at beginning of year 410. Real-property taxes levied by by-law shall, unless the by-law otherwise provides, be deemed to be due on and from the first day of January of the year in which the by-law is passed. , 1953-55-410:1990-31-21.
When delinquent 411. Real-property taxes shall be deemed to be delinquent which remain unpaid at the close of business on the thirty-first day of December of the year in which they are levied. 1953-55-411.
Payment of taxes in advance 412.. The Council may by by-law provide for the acceptance by the Collector of moneys to be applied at a future date in payment of real-property taxes, and may in such by-law provide terms and conditions upon which such moneys shall be accepted and held, and the rate of interest to be paid thereon. 1953-55-412; 1970-54-22.
Persons liable for taxes 413. Real-property taxes levied on any real property shall, subject to any lawful exemptions, be payable by the person whose name appears as owner thereof on the real-property tax roll prepared pursuant to the provisions of this Act, except that if the name of some other person appears thereon as owner under agreement of such real property, the taxes shall be payable by such owner under agreement, and if the real property is Crown lands, the taxes shall be payable in respect of his right or interest by the occupier vyhose name appears on the roll as such. 1953-55-413.
Taxes to be first charge against lands 413A. In any case where the Crown in right of the Province has agreed to sell lands which are situate within the city on conditions of deferred payment, and in case the holders of such agreements of sale have defaulted in making payment for such lands or have abandoned such lands, and the title thereto remains in the Crown, and in case such agreement-holders have made default in the payment of any taxes assessed against such lands by the city, then in each such case the taxes assessed shall be a first charge against such lands, and the Province shall, at the time of selling such lands, pay, out of the proceeds of such sale, to the city the amount of
210 . Dec. 31,1996 1953 Vancouver Charter Chap. 55 Section 414
the taxes; provided that the amount so paid shall in no case exceed the amount received by the Province from such sale.
1957-85-10. .
Constitute special lien 414. Real-property taxes payable under this Act, together with interest thereon, shall constitute a special lien upon the real property in respect of which they are payable, having preference to any claim, lien, privilege, or encumbrance of any person except the Crown, and shall not require registration to preserve it.
1953-55-414.
Interest 415. (1) Unless otherwise provided by a by-law passed pursuant to subsection (2) hereof, interest at the rate of 8% per annum compounded annually shall be added to all real-property taxes that become delinquent on or after December 31, 1969, and to delinquent taxes and interest that remain delinquent after December 31, 1969.
(2) Council may, from time to time, by a by-law passed not later than September 30 in any year impose interest to be compounded annually on real-property taxes which are delinquent in the calendar year following the enactment of such by-law. Such interest rate shall not be greater than 4 percentage points above the prime interest rate prevailing on July 31 of the year of its enactment as determined from the City’s principal bankers.
1978-41-27.
Payment by instalments 416. (1) Notwithstanding any provision of this Part, the Council may, by by-law, provide for the payment of real-property taxes and other charges imposed, or to be imposed, pursuant to this Act, by monthly, quarterly, or twice-yearly instalments.
(2) A by-law passed pursuant to this section may provide for the collection of taxes and other charges in advance of the passing of the rating by-law or a by-law under section 374.3 or preparation of the real-property tax roll, and may provide for a penalty on any amounts unpaid on the date they become due and payable; provided, however, that any such penalty when combined with all other penalties imposed pursuant to section 376 shall not exceed the limitation set out in section 376.
(3) A by-law providing for the collection of taxes and other charges in advance of the preparation of the real-property tax roll shall provide that the amount of the instalment payable in respect of such parcel of real property shall be a percentage of the amount of taxes and other charges payable on the real-property tax roll for the immediately preceding year.
Dec. 31, 1996 211 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 417
(4) For the purposes of this section, real-property taxes and other charges shall include school taxes and all other taxes, levies and charges in respect of real property which the city is required to impose pursuant to any statute.
1974-104-37; 1990-31-22.
Application of term payments y 417. Payment of taxes shall be credited by the Collector in the following order, against (a) delinquent taxes including interest, (b) taxes in arrear including interest, (c) a penalty or percentage addition in the current year, (d) taxes imposed under the School Act, and (e) unpaid current taxes levied by by-law for the current year.
1989-61-224; 1990-31-23.
Memo, showing taxes to be had 418. The Collector, upon payment of the prescribed fee, shall furnish to any applicant therefor a memorandum showing what real-property taxes, if any, are payable in respect of any parcel on the tax roll. The fee, unless otherwise determined by the Council, shall be twenty-five cents for a memorandum covering up to five parcels and an additional five cents for each parcel beyond five.
1953-55-418.
Taxes deemed legal after one year 419. The taxes as set out in the real-property tax roll with respect to any parcel shall, after the expiration of one year from the passing of the by-law purporting to levy them, be deemed to have been duly and legally levied and imposed on that parcel, except where within the said period-of one year an action has been commenced questioning the legality of such taxes.
1953-55-419;1990-31-24.
Tax roll prima facie proof of debt 420. The production of a copy of the part of the real-property tax roll showing the real-property taxes with respect to any parcel shall in any Court be prima facie evidence that the person shown thereon as owner, owner under agreement, or occupier, as the case may be, is indebted to the city for real-property taxes in the amount shown on such copy.
.1953-55-420.
Apportionment where boundaries changed 421. Where the boundaries of a parcel, as it appears on the roll, are altered so as to create a new parcel, and where real-property taxes on such first-mentioned parcel are unpaid, the Collector may apportion such taxes in the proportion that the value of the new parcel bears to the value of the old, and in arriving at such apportionment the Collector may accept the certified valuation of the assessor. Upon such apportionment, the sums
212 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 421A
so apportioned as taxes shall be deemed to be real-property taxes levied upon such new parcel. 1953-55-421; 1977-30-160, proclaimed effective September 30, 1977.
Collection of School Taxes
Agent of school board 421A. The city is the agent (a) of the Province for the collection of school taxes levied by the Province under the School Act, and (b) of the Board of School Trustees of School District No. 39 (Vancouver) for the collection of school referendum taxes levied by the school board under the School Act. 1990-2-31.
Council to pay school taxes 421B. (1) Subject to subsection (2), moneys collected pursuant to section 421A shall be held to the use of the municipality. (2) The Council shall pay to the Board of School Trustees of School District No. 39 (Vancouver) the amount of school referendum taxes imposed in accordance with the requisition of the board under a bylaw adopted under section 129 (1) of the School Act. (2.1) The Council shall pay to the Minister of Finance and Corporate Relations the amount of school taxes imposed in accordance with the requisition of the Province under section 135 of the School Act. (3) Borrowing by the Council for the purposes of subsection (2) shall not require the assent of the electors. 1968-53-24; 1982-2-56, effective midnight December 31, 1981; 1989-61-226; 1990-2-32.
Taxes in arrear 421C. Taxes levied under the School Act that are unpaid as at the thirty-first day of December together with any percentage addition on them become delinquent real-property taxes of the city on the thirty-first day of December in the year in which the taxes were levied. 1990-2-33.
Sale of Real Property for Delinquent Taxes Thereon
Tax sale each year 422. The Collector shall, on the first Wednesday in November in each even-numbered year and on the second Wednesday in November in each odd-numbered year, at ten o’clock in the forenoon at the City Hall, proceed to offer for sale by public auction every
Dec. 31. 1996 213 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 423
parcel of real property on which, according to the real-property tax roll, any unpaid taxes have been delinquent for a period of two years.
1953-55-422.
Status of Crown lands 423. Unless the Council otherwise directs, the right or interest of an occupier of Crown lands shall not be offered for sale.
1953-55-423.
Notice of sale ■ • 424. During the month of October preceding the sale, the Collector shall cause general notice thereof to be advertised in three issues of a daily newspaper published in the city and in one issue of the Gazette.
1953-55-424.
Collector to be auctioneer 425. The Collector shall be the auctioneer at such sale unless the Council appoints some other person to be auctioneer, and the auctioneer may adjourn the sale from time to time as may be necessary until all the parcels offered for sale are disposed of.
1953-55-425.
Withdrawal of parcel from sale 426. Even if the advertising has started, the Collector shall withdraw from the sale any parcel in respect of which there is paid to the Collector before the parcel is actually . sold, (a) all the delinquent taxes in respect of which the parcel is subject to sale, (b) interest to the date of payment, and (c) the amount determined by Council to defray any expense reasonably incurred by the city in respect of the offer to sell that parcel.
1992-57-9.
Price to be paid 427. The auctioneer shall not sell any parcel for less than the upset price, being the sum of (a) the delinquent taxes thereon in respect of which the parcel is subject to sale, together with interest to the day on which the sale begins; (b) 5% of the delinquent taxes and interest, or $3, whichever is the greater amount; (c) the current Land Title Office charge. Save as aforesaid, the highest bidder for any parcel shall be the purchaser. If there are no bids, or no bids equal to the upset price, the city shall be declared to be the purchaser, and in that case, and in any case under section 429, the provisions of this
214 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 428
Act shall thereafter, mutatis mutandis, apply as if a person other than the city had become the purchaser. 1953-55-427; 1992-57-10.
Reoffer of parcel 428. If the Collector so directs, and as often as he directs, any parcel of which the city has been declared to be the purchaser shall, while the sale continues, be again put up for sale on the same conditions as before. 1953-55-428.
Amount to be paid at sale 429. The purchaser of a parcel at the sale shall forthwith pay to the Collector for the use of the city the amount of the upset price, otherwise the auctioneer shall declare the city to be the purchaser of such parcel at the amount of the upset price. 1953-55-429.
Balance within a year 430. Upon payment by the purchaser of the upset price, the balance of the purchase-money, if any, together with all real-property taxes then delinquent and interest, shall be payable at the expiration of one year from the day on which the sale begins, unless redemption takes place in the meantime. 1953-55-430.
Certificate of purchase 431. The purchaser having paid the upset price for a parcel and having caused to be filed with the Collector a statement showing (a) the full name, address, and occupation of the purchaser; (b) an authorization enabling the Collector to apply on behalf of the purchaser to register any necessary documents in the land titles office shall be entitled to a certificate of purchase. 1953-55-431; 1978-25-334, proclaimed effective October 31, 1979.
Its contents 432. The certificate of purchase shall be signed by the Collector, or some person authorized by him for the purpose, and shall show (a) the name, address, and occupation of the purchaser; (b) the description of the parcel purchased; (c) the purchase price; (d) the last day for redemption. 1953-55-432.
Dec. 31.1996 215 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 433
Copy of sections included 433. The certificate of purchase shall also contain a copy of sections 439 and 441. 1953-55-433.
Mode of transfer 434. A purchaser other than the city may, at any time before the Collector makes application under section 440, transfer his certificate of purchase by assignment in writing, executed, attested, and acknowledged in like manner as an instrument required to be registered under the Land Titles Act. Upon receipt of such assignment, together with the certificate of purchase and a statement on behalf of the transferee containing the information and authority required under section 431, the Collector shall alter his records accordingly, and thereafter the transferee shall be deemed to be the purchaser in lieu of the transferor. 1953-55-434; 1978-25-332, proclaimed effective October 31, 1979.
Notice by Collector to interested parties 435. The Collector, within six months after any parcel has been sold, shall cause to be mailed by registered post to every person who at the time of the sale had any registered interest in, or charge upon, the parcel a notice stating (a) the day on which the sale began at which the parcel was sold; (b) the purchase price; (c) the upset price; (d) the last day for redemption of the parcel; (e) the name of,the owner, or owner under agreement, taken from the real-property tax roll. The address shown on such tax roll shall be sufficient in the case of owners and owners under agreement. In respect of others, the address appearing on the application for registration of such interest in the land titles office shall be sufficient. Such notice shall have printed thereon a copy of sections 437 and 438. 1953-55-435; 1978-25-334, proclaimed effective October 31, 1979.
Status of parcel so sold 436. Notwithstanding that any parcel may have been sold for real-property taxes, it shall, during the time allowed for redemption, remain on the assessment roll and on the tax roll in the name of the owner, or owner under agreement, as it appears thereon at the time of the sale; real-property taxes shall continue to be payable by such owner, or owner under agreement, and shall continue to constitute a special lien on the parcel as provided by section 414. 1953-55-436.
Mode of redemption 437. The owner of the parcel sold, or any person having an interest therein, or any person on behalf of either of them, may, at any time within one year from the day on which
216 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 438
the sale began, but not afterwards, redeem the parcel so sold by paying or tendering to the Collector for the use and benefit of the purchaser, or his legal representative, the sums paid by such purchaser, together with interest at six per centum per annum and, in addition for the use and benefit of the city if the parcel is redeemed after the first day of October, any taxes which are delinquent for more than two years, with interest thereon; and the Collector shall thereupon give such owner or other person a receipt showing the amount paid, the description of the parcel, and a statement that the parcel has been redeemed. 1953-55-437.
Right to complain 438. The purchaser of any parcel shall, while it remains unredeemed, be entitled to complain against the assessment and appear at the Court of Revision appointed under the Assessment Act. 1953-55-438; 1977-30-161, proclaimed effective September 30, 1977.
Demand to be sent 439. If any parcel purchased by someone other than the city remains unredeemed at the expiration of the time for redemption, the Collector shall forthwith cause to be mailed to the purchaser thereof by registered post at the address shown in his certificate of purchase a demand for the payment of (a) the balance of the purchase-money, if any, in respect of such parcel; (b) all taxes on such parcel which are delinquent at the date of the demand, together with interest thereon. 1953-55-439.
Purchaser to be registered 440. If such purchaser, within thirty days from the date of the mailing of the demand, pays to the Collector the amount so demanded, or if the city, being the purchaser, makes the payment in the last section mentioned, the Collector shall forward to the Registrar of Titles a notice of the completion of the purchase of the parcel showing the full name, address, and occupation of the purchaser, together with a fee of five dollars and an application for the registration of the purchaser as owner of such parcel; and the Registrar of Titles shall register an indefeasible title to the land in the name of that purchaser as owner of the parcel without requiring the production of any outstanding certificate of title or duplicate certificate of indefeasible title. 1953-55-440; 1982-60-122, proclaimed effective August 1, 1983.
Forfeiture if he defaults 441. If the purchaser fails to complete the purchase by paying to the Collector the amount so demanded with respect to any parcel within the time specified as aforesaid, the Collector shall forward a notice of such failure to the Registrar of Titles, who shall thereupon cancel the tax-sale notice in respect of that parcel, and the amount paid by
Dec. 31. 1996 217 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 442
the purchaser shall be forfeited and shall be the property of the city, but not as taxes paid in respect of such parcel.
1953-55-441.
Status of parcel upon such default 442, Upon failure to complete the purchase, the taxes which were included in the upset price shall be restored to the real-property tax roll and the provisions of this Act relating to the sale of real property for delinquent taxes shall again apply.
1953-55-442.
Status of former owner after sale 443, Where the sale of a parcel purporting to be a sale thereof for real-property taxes pursuant to the provisions of this Act is made, every right or interest of the person who at the time of the sale was the owner, or owner under agreement, of the parcel shall immediately cease and determine, except that (a) the parcel shall be subject to redemption as provided in this Act; ' (b) the right to possession of the parcel shall not be affected during the period of redemption, subject, however, to impeachment for waste; (c) any person having a registered interest in the parcel may during the period of redemption, but not afterwards, bring an action to have the sale of the parcel set aside and declared invalid, but the grounds for such action shall be limited to the following: — (i) That the parcel was not liable to taxation during the time in which the taxes for which it was sold were levied; or (ii j That the taxes for which the parcel was sold were fully paid; or (iii) That the sale at which the parcel was disposed of was not fairly and openly conducted.
1953-55-443.
Status of sale set aside 444, If in any such action the sale is set aside and declared invalid on the ground that the sale was not fairly and openly conducted, the Court may order that the taxes accrued in respect of the parcel, together with interest, shall be, and continue to be, a special lien upon the parcel as if the sale had not taken place, and that such taxes and interest shall be deemed to be delinquent taxes, or the Court may order the immediate payment of such taxes and interest, or may make such other order as shall be just.
1953-55-444.
Manifest errors 445. If during the period of redemption the Council is satisfied that any manifest error has taken place in the sale or in the proceedings prior thereto, the Council may, by resolution and after notice to the purchaser, provide that the purchase price be returned to the purchaser with interest at six per centum per annum, and that the taxes as they
218 Dec. 31, 1996 1953 Vancouver Charter Chap. 55 Section 446
appeared on the real-property tax roll prior to the sale be restored to the roll, and thereafter such taxes shall be deemed to be delinquent taxes. 1953-55-445.
Protection against actions 446. After the period of redemption has expired, no action shall be brought or proceedings commenced against the city, or the Registrar of Titles, or the Attorney-General under the Land Titles Act, or the Collector, or the auctioneer, with respect to any parcel purporting to have been sold for real-property taxes under the provisions of this Act, except that an action for damages may be brought against the city only upon the following grounds, and no other: — (a) That the parcel was not liable to taxation during the time in which the taxes for which it was sold were levied; or (b) That the taxes for which the parcel was sold had been fully paid; or (c) That the parcel had been redeemed during the period of redemption; and then only if the action is brought within one year of the day upon which the period of redemption expired. 1953-55-446; 1978-25-332, proclaimed effective October 31, 1979.
Notice vitiates claim 447. No damages shall be awarded in such action if it appears that the plaintiff, or the person through whom he claims, was aware during the period of redemption that the parcel had purported to have been sold under the provisions of this Act. 1953-55-447.
City may acquire possession of parcel sold 448. If the city as purchaser at a tax sale becomes the registered owner of a parcel under the provisions of this Act, the city may, in order to get vacant possession thereof, give to any occupant of such parcel four weeks’ notice of its intention to sue out a writ of possession in the Supreme Court of British Columbia, and unless in the meantime the occupant registers a certificate of pending litigation against the parcel, the city shall, without any order for that purpose, be entitled to sue out such writ of possession immediately upon the expiration of the said period of four weeks on filing an affidavit showing due service of such notice. 1953-55-448; 1992-55-2.
Person redeeming may pay by instalments 449. The Council may by by-law provide for the acceptance by the Collector of moneys to be applied at a future date in redemption of any parcel sold for real-property taxes from any person entitled to redeem the parcel, and may by such by-law prescribe the terms and conditions upon which such moneys shall be received and held. 1953-55-449.
Dec. 31. 1996 219 f
Chap. 55 Vancouver Charter 1-2Eliz. 2 Section 450
Sale by city of parcels acquired at sale
450. At any time within six months after it has become the purchaser of a parcel at a tax sale, the city may, by resolution of the Council, sell such parcel for an amount not less than the upset price, together with interest at six per centum per annum, but the right of redemption in respect of such parcel and the period of redemption reckoned from the day on which the tax sale began shall not be impaired.
1953-55-450.
Mode of recovering parcel from defaulting owner
451. (1) If the city as purchaser at a tax sale becomes the registered owner of a parcel and subsequently enters into an agreement to sell such parcel, and if the purchaser under such agreement makes default in the payment of principal, interest, taxes, or other charges due thereunder, the city need not bring an action to enforce its rights but may instead, if the Council by resolution so directs, cause notice to be given to the purchaser in writing at the address given in the agreement referring to this section and demanding payment of the amount in default to the city within ninety days from the giving of the notice and warning the purchaser that upon his failure to remedy the default within the said ninety days, he and those claiming under or through him will forfeit any interest in the said parcel, together with any sums theretofore paid to the city under the agreement. If the purchaser fails to remedy the default within the said period of ninety days, all the right, title, and interest of the purchaser under the agreement, and all those claiming under or through him, shall, at the expiration of such period, absolutely cease and determine, and the parcel shall immediately become revested in the city, free from all claims by the purchaser, or anyone claiming under or through him, and, notwithstanding any Statute or rule of law or equity to the contrary, all payments made to the city under the said agreement shall be forfeited to the city. The city may file with the Registrar of Titles a statutory declaration proving such resolution, the giving of the notice, and the continued default, and thereupon the Registrar shall cancel any charge or encumbrance registered against the parcel in respect of the agreement.
(2) Where any parcel becomes revested in the city under subsection (1), the city may cause notice to be given to any occupant of such parcel requiring him to vacate forthwith and giving to him four weeks’ notice of the city’s intention to sue out a writ of possession of such parcel in the Supreme Court of British Columbia, and unless within such four weeks the occupant vacates the parcel or registers a certificate of pending litigation against the parcel, the city shall, without any order for that purpose, be entitled to sue out such writ of possession on filing with the District Registrar of the Court an affidavit proving service of the notice and failure to vacate.
1953-55-451:1992-55-2.
220 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 452
Surplus in hands of Collector 452. If the purchaser of a parcel at a tax sale completes his purchase by paying to the Collector a sum in excess of the upset price, together with the delinquent taxes and interest required of him under section 439, the owner, or owner under agreement, at the expiration of the period of redemption, or such other person as may be legally entitled to it, may claim such excess from the city. To the person establishing his claim to the satisfaction of the Collector, the city shall pay the excess.
1953-55-452.
Action may be taken 453. If a claimant fails to establish his claim to the satisfaction of the Collector, he may bring an action against the city in respect thereof in any Court of competent juris diction.
1953-55-453.
Period of limitation 454. Any such excess shall belong absolutely to the city, if, within six years after the expiration of the time for redemption of the parcel in respect of which it was paid, no person has established his claim to the satisfaction of the Collector, and no action in respect thereof has been brought against the city.
1953-55-454.
PART XXI — Business Improvement Areas
Business improvement areas 455. In this Part “applicant” means a corporation applying to the Council for a grant of money under this Part; “assessed owner” means assessed owner as defined in section 498; “business area” means an area in the city where business or commerce is carried on; “business improvement area” means a business area designated by by-law as a business improvement area under section 456 (2); “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 city owned land, buildings or structures in one or more business improvement areas,
Dec. 31.1996 221 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 456
(b.l) the conservation of heritage property in one or more business improvement areas, and (c) the encouragement of business in one or more business improvement areas. 1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88); 1994-43-94.
Grants of money 456. (1) The Council may, by majority vote, grant money to an applicant that has as one of its aims, functions or purposes the planning and implementation of a business promotion scheme.
(2) Before the Council grants money under subsection (1), the Council shall, by by-law, (a) designate the appropriate business area as a business improvement area, (b) establish the maximum amount of money to be granted, and (c) require that all of the money granted to the applicant be recovered from owners of land or improvements, or both, who would be subject to a tax rate levied pursuant to section 459.
(3) A by-law adopted under this section requires (a) a petition in compliance with section 506 (1), or (b) an initiative in compliance with section 506 (2), and those sections shall apply with the necessary changes and so far as applicable. 1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
Application and recovery of money 457. (1) Where Council has, by by-law, established a business improvement area it may, by one or more by-laws, (a) name the applicant to whom the money will be granted, (b) require that the money granted shall be expended only (i) by the applicant to whom the money is granted, and (ii) in accordance with the conditions and limitations set out in the by-law and for a business promotion scheme set out in the by-law, and (c) levy on every parcel of real property subject to the tax rate referred to in section 459 a rate sufficient to recover by way of real property taxes the money referred to in section 456 (2) (c).
(2) Where the Council enacts a by-law under subsection (1), it shall set conditions and limitations on the receipt and spending of money granted under section 456 and, without restricting the generality of the foregoing, shall, by the by-law, require
222 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 458
(a) that an applicant submit each year a budget for approval by Council, (b) the applicant to account for the money provided to it under subsection (1) in the form and manner specified in the by-law, and (c) the applicant to take out and maintain insurance of the type and the amount specified in the by-law. 1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
Alteration of boundaries 458. The Council may, by by-law, alter the boundaries of a business improvement area or merge 2 or more areas, whether contiguous or not, in the same manner as set out in section 456 (3). 1987-60-49, effective January 8,1988 (B.C. Reg. 4/88).
Taxes 459. For the purpose of a requirement under section 456 (2) (c), the Council may levy and impose a tax rate within the business improvement area on land or improvements, or both, that fall within classes 5 and 6 of the Assessments — Classes and Percentage Levels Regulation, B.C. Reg. 438/81, as the regulation stands on the day this Part comes into force, and the taxes shall be levied in the same manner as set out in sections 516 and 517 with the necessary changes and so far as applicable. 1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
Advances 460. Pending the collection of a tax levied pursuant to this Part, the Council may advance sums required and may pay such sums back into the general revenue of the city when they are collected. 1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
Part XX to apply 461; Part XX applies in respect of taxes imposed under this Part. 1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
Expiry of by-law 462. A by-law designating a business improvement area pursuant to section 456 ceases to have effect on the earlier of (a) 5 years from the date the by-law comes into force, or (b) a date specified in the by-law. 1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
Regulations 463. The Lieutenant Governor in Council may make regulations considered necessary or advisable respecting business improvement areas and respecting business promotion schemes. 1987-60-49, effective January 8, 1988 (B.C. Reg. 4/88).
Dec. 31, 1996 223 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 464 to 473
464 to 473. [Repealed 1974-87-38.]
473A. [Repealed 1974-87-38.] [Repealed 1974-64-58, proclaimed effective November 15, 1974.]
473B and 474. [Repealed 1974-87-38.]
Part XXII — Police Magistrates
Interpretation 474.1 In this Part “justice” has the same meaning as in the Offence Act; “Park Board” means the Board referred to in section 485. 1989-30-51.
475 to 480. [Repealed 1962-36-27.]
Enforcement of laws 481. Notwithstanding anything to the contrary contained in this or any other Act, but subject to the Administration of Justice Act and the Police Act, it is the duty of the city to bear the expense necessary to (a) generally maintain law and order in the city; (b) provide an office for the police force in the city and provide premises as a place of detention; and (c) provide for the care and custody of persons held in those places of detention. 1974-64-58, proclaimed effective November 15, 1974; 1976-32-23A, proclaimed July 8, 1976, effective November 15,1974.
Ticket offences 482. The Council may, by by-law, provide that for a contravention of (a) a by-law of the city respecting street traffic made under section 125 of the Motor-vehicle Act or section 317 of this Act; or (b) any provision under section 324, an information may be laid and a summons issued by means of a ticket in accordance with the procedure set out in section 11A (2) to (9) to the Summary Convictions Act, and the provisions of that section apply with the necessary changes and so far as they are applicable to this section, and for that purpose (c) a reference to the Lieutenant-Governor in Council shall be deemed to be a reference to the Council;
224 ' Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 482.1
(d) a reference to the Province shall be deemed to be a reference to the city; and (e) a reference to the regulations shall be deemed to be a reference to the by-laws.
1974-87-38; 1975-43-12; [repealed 1982-38-22, to be proclaimed].
Information and summons by ticket 482.1 (1) The Council or the Park Board may, by bylaw, (a) designate for the purpose of this section a bylaw that comes within a category of bylaws prescribed under section 482.3 (a), (b) designate as a bylaw enforcement officer a person who comes within a class of persons prescribed under section 482.3 (b), 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 the Council or the Park Board has designated a by-law under subsection (1), a by-law enforcement officer may lay an information by means of a ticket for contravention of the by-law. * (3) Notwithstanding 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) When laying an information by means of a ticket, a bylaw enforcement officer shall indicate on the ticket the offence charged and shall sign the ticket. (4.1) The by-law enforcement officer must serve the ticket on the person alleged to have contravened the by-law. (4.2) Service of a ticket under subsection (4.1) may be effected by (a) serving a copy of the ticket on the person alleged to have contravened the by-law 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. (4.3) Service of a ticket under subsection (4.1) 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. (4.4) The certificate referred to in subsection (4.3) 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. (5) 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
Dec. 31, 1996 225 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 482.1
(b) a general description of an offence against a bylaw, shall be deemed sufficient for all purposes to describe the offence designated by that word or expression or general description. (6) If a fine set in accordance with subsection (10) 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 Park 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.. (6.1) A notice of dispute under subsection (6) must contain an address for the person disputing the.allegation and sufficient information to identify the ticket and the alleged contravention being disputed. (6.2) For the purpose of subsection (6), a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed. (7) A person who pays a fine in accordance with subsection (6) shall be deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed. (7.1) If notice of dispute is given in accordance with subsection (6), the Council or the Park Board must refer the ticket to the Provincial Court for a hearing. (8) If a ticket is referred to the Provincial Court for a hearing under subsection (7.1), 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. (8.1) If a person appears before a justice at the time and place specified in the notice of the hearing referred to in subsection (8), section 51 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. (9) Where a person who is served with a ticket (a) has paid the fine in accordance with subsection (6), or (b) has (i) appeared before a justice at the time and place specified in the notice of the hearing referred to in subsection (8), and
226 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 482.2
(ii) 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 by the person convicted or by a prosecutor or under the bylaw contravened. (10) For the purpose of subsection (6), after consultation with the chief judge of the Provincial Court the Council or the Park Board may by bylaw set a fine, not exceeding $500, for contravention of a bylaw. (11) Where a minimum or maximum fine is established by a bylaw, the fine set under subsection (10) shall be not less than the minimum or more than the maximum fine established by the bylaw. (12) 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 subsection (8), 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. (13) If a person appears before a justice under subsection (12) 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. (14) If a conviction is struck out under subsection (13), the justice must give the defendant a certificate of the fact in the prescribed form. (15) 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 subsection (8) or at a new time and place set under subsection (13), as the case may be, the person is deemed not to have disputed the charge. (16) If a person is deemed under subsection (15) not to have disputed the charge, a justice must examine the ticket and must, (a) if the ticket is complete and regular on its face, (i) convict the person in the person’s absence and without a hearing, and (ii) impose the fine set under subsection (10) for the offence charged, or (b) if the ticket is not complete and regular on its face, quash the proceeding. (17) Nothing in subsection (15) or (16) is to be construed as abrogating the right of a person to appeal the conviction under section 92 of the Offence Act.
1989-30-52; 1994-26-18.
Failure to respond to ticket 482.2 (1) If (a) a person served with a ticket under section 482.1 does not, as provided for in that section, pay the fine or dispute the charge, and
Dec. 31, 1996 227 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 482.3
' (b) at least 14 days have elapsed after the ticket was served on the person, the person is deemed not to have disputed the charge. (2) Where a person is deemed under subsection (1) not to have disputed the charge, a justice, on being satisfied that the conditions set out in that subsection have been met, must examine the ticket and must, (a) if the ticket is complete and regular on its face, (i) convict the person in the person’s absence and without a hearing, and (ii) impose the fine set under section 482.1 (10) for the offence charged, or (b) if the ticket is not complete and regular on its face, quash the proceeding. (2.1) 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. (3) If a person who is served with a ticket has, through no fault of that person, not had an opportunity to dispute the charge and if not more than 30 days have elapsed since the expiry of the period referred to in section 482.1 (6), the person may appear before a justice. (4) If a person appears before a justice under subsection (3), the justice, on being satisfied of the facts by affidavit in the prescribed form, must strike out the conviction, if any, and allow the person 14 days after the date on which the conviction is struck to dispute the charge in accordance with section 482.1 (6). (5) Where a conviction is struck out under subsection (4), the justice shall give the defendant a certificate of the fact in the prescribed form. (6) Nothing in subsection (1) shall be construed as abrogating the right of any person to appeal the conviction under section 92 of the Offence Act.
1989-30-52; 1994-26-19. Regulations 482.3 The Lieutenant Governor in Council may make regulations (a) prescribing, by reference to their subject matter or otherwise, categories of bylaws for the purpose of section 482.1 (1) (a), (b) prescribing classes of persons for the purpose of section 482.1 (1) (b), (b.l) prescribing the form of a certificate of service for the purpose of section 482.1 (4.3), (b.2) prescribing instructions for paying a fine for the purpose of section 482.1 (6) (a), (b.3) prescribing the form of affidavits for the purposes of section 482.1 (13) and section 482.2 (2.1) and (4), (c) prescribing the form and content of the tickets issued under section 482.1, and (d) prescribing the form of a certificate under sections 482.1 (14) and 482.2 (5).
1989-30-52:1994-26-20.
228 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 483
Disposal of property by police 483. (1) The Council may, by by-law, provide for the disposal of property that has come into the possession of a member of the police force in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto. (2) The by-law may authorize the sale of the property referred to in subsection (1) and the application of the proceeds of the sale, and the application of any money of which the owner cannot be ascertained, to all or any of the following purposes: (a) The expense of carrying out the provisions of the by-law; (b) The payment of reasonable compensation to any person by whom the property was delivered into the possession of the police; (c) Payment into the general revenue of the city. (3) Where the property is a perishable article or its custody involves unreasonable expense or inconvenience, it may be sold at any time, but the proceeds of the sale shall not be disposed of other than to the lawful owner until they have remained in the possession of the city for a year. (4) In any other case the property shall not be sold until it has remained in the possession of the police for at least 6 months. 1974-87-38:1988-67-7.
Burial of unclaimed body 484. It shall be the duty of the city to bury any unclaimed human body found dead within the city limits, but the city may recover the burial expenses from (a) the deceased’s estate, or (b) the minister under the BC Benefits (Income Assistance) Act to the extent they are not recovered from the deceased’s estate. 1996-6-55.
484A and 484B. [Repealed 1974-87-38.]
Part XXIII — Parks
Park Board established 485. A board of commissioners, to be known as the “Board of Parks and Recreation” or “Park Board,” shall be elected as hereinafter provided, and shall consist of seven members or such other number as the Council may by by-law prescribe. The Board has the legal capacity to exercise the powers bestowed on it and to enforce those powers and the exercise thereof by actions, proceeding or prosecution. 1953-55-485; 1956-70-13; 1974-104-39; 1988-67-8.
Dec. 31, 1996 229 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 486
Elections for Park Board 486. (1) The members of the Board shall be nominated and elected at the same time and in the same manner as Councillors and, for these purposes, Part I applies. (2) The terms of members of the Board shall be as set by the Council by by-law. (3) Members of the Board shall take office by making an oath of office in accordance with section 140. (4) In the event of a vacancy on the Board, a by-election need not be held unless directed by the Council, in which case the election shall be held in the same manner as an election under section 10. (5) Sections 141, 142, 142.1 and 142.2 apply to members of the Board. 1993-54-72;1994-52-164.
487. [Repealed 1993-54-72.]
Parks in care of Board 488. (1) The Board shall have exclusive possession of, and exclusive jurisdiction and control of all areas designated as permanent public parks of the City in a manner prescribed in subsection (5) of this section, and such areas shall remain as permanent public parks, and possession, jurisdiction and control of such areas shall be retained by the Board; provided that such designation may be revoked or cancelled in accordance with the provisions of any agreement creating such designation pursuant to paragraphs (c) and (d) of subsection (5) of this section or, in the case of a designation, pursuant to paragraph (a) or (f) of subsection (5) of this section, by resolutions of both City Council and the Park Board where, in each case, the same was passed by an affirmative vote of not less than 2/3 of all the members thereof. (2) The Board shall have exclusive possession of, and exclusive jurisdiction and control of all areas of the City that are designated by resolution of Council as temporary public parks. Resolutions designating areas as temporary public parks shall not be revoked except by a resolution of Council requiring the affirmative vote of not less than 2/3 of all members of Council. (3) The Board shall have the custody, care and management to the extent prescribed by Council of such other areas belonging to or held by the City as Council may from time to time determine. (4) The areas referred to in subsections (1), (2) and (3) of this section are referred to in this Part as “the parks”. (5) Real property is designated as a permanent public park by (a) a declaration as such by a resolution or by-law of Council; (b) statutory appropriation of specific real property for park purposes; (c) dedication by either a person or by the City by deposit of a subdivision plan in the Vancouver Land Registry Office;
230 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 489
(d) gift to the City for permanent public park purposes; (e) covenant in a document transferring real property to the City indicating that the transferred lands are to be used for park purposes together with acceptance of same by the City; (f) purchases made with funds borrowed with the assent of the electors under Part V for the acquisition of permanent public parks. (6) Subject to the provisions of section 490, possession of, and exclusive jurisdiction and control of real property includes the authority to determine how such real property shall be used, what fees or rental charges shall be levied and, subject to sections 492 and 493, what improvements shall be made thereon, including the removal or demolition of any existing improvements. (7) Exclusive jurisdiction and control of parks and the property comprising them also includes the power to prohibit the selling of anything, and the provision of services or performances of any type without the permission of the Board. In granting permission, the Board may impose such terms and conditions as it deems appropriate. (8) Fees and charges imposed under this section may be different for different classes of persons and activities.
1978-41-28; 1988-67-9; 1993-54-73; 1994-52-165.
Powers of Board 489. (1) The Board shall have power to provide for
As to buildings, etc. (a) constructing, acquiring, maintaining, equipping, operating, supervising, and controlling such buildings, structures, and facilities as may be required for the recreation, comfort, and enjoyment of the public while within the parks;
Sports and games (b) accommodation for sports and games, and spectators thereof, and setting aside and reserving portions of the parks for specified kinds of sports and games;
Entertainment (c) entertainment through musical, theatrical, and other activities in the parks, and making a charge for admission thereto;
Admittance fees (d) charging and collecting fees for admission to any building or place in the parks set aside for sports or games, whether by spectators or participants;
Dec. 31. 1996 231 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 489
Closure of parks (e) closing to the free use of the public the whole or any part of any of the parks, or the whole or any part of any building therein, at such times and for such periods as may be deemed advisable; and charging and collecting a fee for admission to the parks or buildings, or parts thereof, during such periods; and providing penalties for unauthorized entry during such periods;
Playgrounds (f) establishing, equipping, supervising, controlling, and maintaining playgrounds for children in any of the parks;
Equipment (g) acquiring the necessary furniture and equipment for the buildings and activities carried on in the parks;
Bathing accommodation (h) accommodation, recreation, supervision, control, and safety of persons using such parts of the parks as are designated for public bathing, and fixing and collecting fees therefor;
Swimming pools (i) establishing, maintaining, and operating indoor and outdoor swimming baths and pools in the parks, and fixing and collecting fees for the use thereof; f
Bicycles (j) acquiring bicycles and similar vehicles for the use of the public, and maintaining places in the parks where persons may rent them;
Boats (k) establishing, maintaining, operating, and equipping landing and other places in the parks where persons may rent boats and other water-craft or accommodation therein, and acquiring and operating such boats and water-craft;
Sale of commodities (l) establishing, maintaining, and operating stands and places for the preparation and sale of foods, confections, beverages, and other refresh ments, and for the provision of services and the sale of tobacco products, as well as souvenirs, curios, postcards, magazines, and the like, to the public in any of the parks;
232 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 489A
Animals, etc., may be kept (m) establishing, maintaining, and operating in any of the parks places for the confinement, exhibition, and accommodation of animals, fish, birds, reptiles, and other creatures which may be objects of interest to the public, and making a charge therefor;
Areas set apart for bathing, etc. (n) designating areas in the parks or elsewhere in which persons may bathe, swim, or engage in water sports in public, and prohibiting them from so doing in areas not so designated, and regulating the dress of persons while bathing, swimming, or engaged in water sports and while going to and returning from such areas;
And for skating, etc. (o) designating areas in the parks where persons may skate, ski, or sleigh, and for the supervision and control of persons engaged in such activities;
Council may add to powers (p) doing such other things with respect to any of the parks as the Council shall from time to time authorize;
Implementing powers (q) doing such other things in furtherance of any of the above powers as shall be deemed expedient;
Recreational programs (r) organizing and conducting, and contracting with others to organize and conduct, recreational programs of all kinds, either in parks or in such other locations as may be approved by the Board or any of its employees designated for this purpose, and for fixing and collecting fees for such programs.
(2) Fees and charges imposed under this section may be different for different classes of persons and activities.
1953-55-489; 1988-67-10; 1994-52-166.
Power of Board to perform works 489A. The Council may authorize the Board, and the Board when so authorized shall have power, to perform any works and provide any services with respect to real property not within the parks for any non-profit or charitable institution in any case where the Council deems such works or services to be to the general advantage of the city and that such institution is performing a work or service for the public benefit, and the city may enter into an agreement with such institution for the performance of such works or provision of such services if Council deems it expedient.
1961-76-8.
Dec. 31. 1996 233 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 489B
Payments to members of the Board 489B. The Council may, by by-law, provide for payments to members of the Board in the same manner as permitted for members of Council and, for these purposes, sections 196 and 196A apply.
1994-52-167.
Board’s power of leasing, etc. 490. (l) Subject to sections 492 and 493, the Board, in the name of the City, may by lease, licence, of any other agreement, permit any person to occupy any building or place or any part thereof in a permanent public park, on such terms as to remuner ation or otherwise as to the Board may seem expedient. Such agreements shall contain a provision providing for the termination thereof if such park ceases to be a permanent public park pursuant to the provisions of subsection (1) of section 488.
(2) Subject to the provisions of sections 492 and 493, the Council may delegate to the Board power, in the name of the City, to enter into agreements permitting any person to occupy any building or place in a temporary public park or any part thereof on such terms as to remuneration and otherwise as the Board may deem expedient.
(3) Any agreement made pursuant to this section shall be executed in the manner specified by the Board.
1978-41-29; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
Board’s power to make by-laws 491. In the exercise of any of its powers, the Board may from time to time pass, amend, and repeal by-laws (not inconsistent with any by-law passed by the City Council) to be observed in the parks, or any of them, for the control, regulation, protection, and government of the parks and of persons who may be therein, including
Excluding animals, etc. (a) the exclusion from any of the parks, or any part thereof, of any animal or vehicle;
Controlling assemblies (b) the assembling or gathering of persons in any of the parks, and, if deemed necessary, the prohibition of such assemblies or gatherings;
Regulating signs (c) the regulation of advertising or signs of any kind in any of the parks;
234 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 491A
Mischief may be forbidden (d) prohibiting persons from damaging trees, shrubs, flowers, or other growing things, or fences or other property, in the parks; and from depositing rubbish, bottles, paper, or other discarded materials in the parks; (e) [Repealed 1994-52-168.]
Delegation of powers (f) the delegation to the General Manager, or such other person as may be named, of any or all of the powers set forth in clauses (a), (b), (c), and (d) hereof. 1973-55-491; 1973-93-20; 1984-32-13; 1992-57-12; 1994-52-168.
Meetings of the Board 491 A. (1) The Board may make by-laws for the procedure and conduct of meetings of the Board and for the selection of the Chair of the Board.
(2) Section 145.1 applies to meetings of the Board. 1994-52-169.
Board’s estimates to be submitted each year' 492. The Board shall, at the beginning of each year, cause to be prepared and submitted to the Council a detailed estimate of the receipts from every source, and of the expendi tures of the Board of every kind, during that year, showing the amount estimated to be necessary for the purposes of the Board up to the thirty-first day of December next thereafter. The said estimate shall be considered by the Council and adopted in whole or in part. 1953-55-492.
Adopted estimates not to be exceeded 493. (1) Save by resolution of the Council, the Board shall not authorize or make any expenditures except those provided for in the estimate as adopted by the Council.
(2) The Board may, for periods of not more than twelve months at a time, give autho rization in advance to the General Manager to draw warrants for payment prior to approval of the Board, but every warrant for a payment so authorized in advance shall be reported in writing by the General Manager to the Board within fifteen days after the end of the month in which the warrant is drawn. 1953-55-493; 1962-82-15; 1974-104-39; 1984-32-14.
Enforcement of by-laws
494. The provisions of section 151 shall, mutatis mutandis, apply to the Board, and with respect to any by-law passed under this Part the provisions of section 333 shall, mutatis mutandis, apply. 1953-55-494.
Dec. 31. 1996 235 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 495
Special meetings of the Board 495. The Chair may and, upon the written requisition of any two members, shall call a special meeting of the Board to deal with any matter of which notice is given specifying the purpose of the meeting. Except by the unanimous consent of all the members, at least forty-eight hours’ notice of a special meeting shall be given.
1953-55-495;1992-57-12.
Certain employees to have special powers 496. Every warden, life-guard, patrolman, or watchman employed in the parks by the Board shall, while in the performance of his duties within the parks, be ex officio possessed of all the powers and authority of a police constable.
1953-55-496.
Power to make agreements with other municipalities 497. The Council may enter into agreements on behalf of the city with neighbouring municipalities for the joint acquisition, regulation, management, maintenance, improvement, and control of any public park, beach, pleasure-ground, or recre ation-ground, and may grant or expend money for the upkeep, maintenance, improvement, or management of any such public park, beach, pleasure-ground, or recreation-ground, notwithstanding that the same may not be in the city.
1953-55-497.
Board’s jurisdiction outside city 497A. Notwithstanding anything contained in any other Act, the jurisdiction and powers of the Board of Parks and Recreation and of every warden, lifeguard, patrolman, or watchman employed by the Park Board shall extend to and be as valid and effectual within the boundaries of the public parks of the city and such other areas as are in the custody, care, and management of the Board, situate outside the boundaries of the city, as if such parks and other areas were situate within the city; provided that nothing herein contained shall be deemed to affect the exercise within the boundary of any such parks and other areas by any other authority, officer, or constable of any juris diction or power under any other Act.
1967-63-8; 1974-104-39.
Part XXIV — Local Improvements
Interpretation 498. In this Part, unless the context otherwise requires, “assessed owner” means the person appearing by the records kept by the Collector of Taxes to be the owner of any parcel of real property, unless it appears by such records that the parcel is held by an owner under agreement, in which case
236 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 499
“assessed owner” means such owner under agreement. In the case of a parcel of Crown lands it shall mean the occupier of the said parcel; “cost of the project” may include (a) surveying and engineering expenses; (b) cost of advertising and of mailing notices; (c) interest on temporary loans; (d) interest during construction; (e) compensation for real property acquired for the purpose of the project or injuriously affected by it, and the expense incurred by the city in connection with the determination of such compensation; (f) the estimated cost of the issue and sale of debentures and of any discount allowed to the purchasers of them; (g) expenditures which, at the time of their authorization, were designated by Council to form part of the cost of an anticipated local improvement. 1953-55-498; 1957-85-19; 1974-104-40; 1977-30-162, proclaimed effective September 30, 1977.
Mailing of notices 499. For the purposes of this Part, a notice shall be deemed to be mailed to a person if it is mailed, addressed to such person at his actual place of residence or of business, if known, or at his address as it appears in the records kept by the Collector of Taxes. 1953-55-499; 1977-30-163, proclaimed effective September 30, 1977.
Local improvement projects 500. (1) When, in the exercise of any of its powers of effecting and carrying out any works, improvements, or services, the Council deems that any such works, •improvements, or services will specially benefit real property in a limited and determinable area, the Council may from time to time, subject to the provisions of this Part, undertake and carry out such works, improvements, or services (in this Part referred to as “projects”) and pass by-laws (herein referred to as “local improvement by-laws”) for borrowing on the general credit of the city such sums as may be necessary to defray the cost of any such project and for levying and collecting taxes based on special assessments imposed, save as hereinafter provided, upon the real property so deemed to be specially benefited, for the payment of all or any part of such cost. (2) Instead of passing a separate by-law for each such project, the Council may pass one by-law in respect of several projects.
(3) [Repealed 1961-76-9.] 1953-55-500; 1957-85-14; 1960-80-9; 1961-76-9.
Dec. 31. 1996 237 Chap. 55 Vancouver Charter 1-2 Eliz. 2
Section 501
Property-owner’s share of the cost 501. The amount of taxes so to be levied and collected (herein referred to as the “property-owners’ share of the cost”) shall be apportioned against the individual parcels of real property in the area in proportion to their respective special benefits on the basis and in the manner prescribed by by-law. 1953-55-501.
City’s share of the cost 502. Any part of the cost of a project not so to be levied and collected (hereinafter referred to as “the city’s share of the cost”) shall be paid by the city, and the Council may from time to time, by by-law, provide for such payment out of the general revenue of the city, or out of capital funds raised by the issue of debentures upon the general credit of the city at large for the purpose of creating a general fund to provide the city’s share of the cost of local improvements either before or after the initiation, commencement, or completion thereof. 1953-55-502:1955-114-15.
Crown, how dealt with 503. The amount of taxes that would otherwise be collected under this part from the Crown shall be paid by the city, unless the Crown pays them or their equivalent voluntarily. 1953-55-503.
Property otherwise exempt may be taxed 504. (1) Every parcel of real property that is exempt from real property taxation under Part XX is liable to be specially assessed and to be taxed under this Part except (a) Crown land, or (b) real property vested in the City, or (c) real property vested in the Board of School Trustees of School District 39 (Vancouver), or (d) real property of a hospital that is exempt from real property taxation under section 396 (1) (c) (iiij. (2) Notwithstanding subsection (1), (a) the right or interest of an occupier of Crown land, or (b) real property vested in the City that Council, by resolution, has declared to be liable to be specially assessed and taxed under this Part with respect to the cost of a project specified in the resolution, is liable to be specially assessed and taxed under this Part. (3) Subsection (1) (d) does not apply to real property in respect of which a special assessment may be made and taxes levied under this Part for the payment of all or part of the cost of a project undertaken by a by-law passed prior to January 1,
238 Dec. 31. 19% 1953 Vancouver Charter Chap. 55 Section 505
1976 under this Part, until the property-owner’s share of the cost prescribed by the by-law in respect of the cost of that project has been fully paid. (4) This section shall be deemed to have come into force on January 1, 1976, and is retroactive to the extent necessary to give it full force and effect on and after that date. 1976-32-23, proclaimed July 8, 1976, effective January 1, 1976; 1990-32-13.
Borrowing for project 505. The Council may, pending the completion of a project, borrow from any bank or other person, by way of temporary loans, the necessary amounts to meet the cost of the project, and upon such completion may pass a by-law for the issue of debentures to repay such temporary loans. . > 1953-55-505.
How projects promoted 506. The Council may, in its discretion, undertake and carry out a project in any of the following cases: —
By petition of owners (1) By petition: If there has been filed with the City Clerk a sufficiently signed petition praying that a work, improvement, or service, claimed to be of special benefit to real property in a limited and determinable area designated in the petition, be undertaken and carried out. The petition shall be deemed to be suffi ciently signed if at least two-thirds in number of the assessed owners as at the date of the filing, representing at least one-half the value according to the last revised real-property assessment roll of the parcels liable to be specially assessed, have signed the petition; or
On initiative of Council (2) On the initiative of the Council: (a) If the Council, by resolution passed by at least two-thirds of all the members present, has declared that it is desirable that a work, improvement, or service which the Council deems will specially benefit the real property in a limited and determinable area designated in the resolution be undertaken and carried out; and
Provision for objections (b) If, after notice of the Council’s intention to undertake the project has been mailed to the assessed owners of the parcels liable to be specially assessed, a sufficient number of notices of objection to the project has not been filed with the City Clerk during the period of one month after the mailing of such notice. The notice so to be mailed shall be sufficient if it sets out in general terms
Dec. 31. 1996 239 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 506
(i) a description of the project; (ii) the designated area; , (iii) the estimated total cost of the project and the city’s share of the cost; (iv) the estimated annual rate per front foot or otherwise to the person notified; (v) the number of annual payments to be required. A sufficient number of notices of objection to a project shall be deemed to be filed if at least more than one-half in number of the then assessed owners, representing at least more than one-half of the value according to the last revised real-property assessment roll, of the parcels liable to be specially assessed have, in writing, given notice to the City Clerk within the time above prescribed that they object to the project.
On special grounds (3) On special grounds: If the Council, by resolution passed by two-thirds of all its members, has declared that it is necessary in the public interest that in a limited and determinable area designated in the resolution any of the following works, improvements, or services should be undertaken or carried out: — (a) The construction, enlargement, or extension of any system of sewerage or drainage which the Council deems will specially benefit the real property in the area; or (b) The acquisition of real property for establishing or enlarging a lane where the Council deems that such acquisition will specially benefit the real property in the area; or (c) Upon a street designated in the resolution,
Ornamental lighting (i) street lighting should be installed, constructed, and equipped for the better lighting of such street which the Council deems will specially benefit the real property in the area; or
Sidewalks (ii) a sidewalk of such materials and width as may be specified in the resolution should be constructed which the Council deems will specially benefit the real property in the area; or
Paving and repaving or resurfacing streets (iii) paving, repaving, or resurfacing of a street or the widening of the pavement on a street which Council deems will specially benefit the real property in the area,
240 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 506A
The taxes to be levied against any parcel pursuant to this clause (c) shall not exceed twenty-five per centum of the assessed value of such parcel (exclusive of improvements); (d) the acquisition and development of parks where the Council deems such acquisition will specially benefit the real property in the area. 1953-55-506; 1960-80-10; 1961-76-11; 1967-63-10,11; 1974-104-41 to 43.
Collective parking project 506A. (1) Where a collective parking project (hereinafter called “the parking project”) undertaken by Council as a local improvement pursuant to subsection (1) of section 506 has been completed, then the Council may pass a by-law annually to provide for any or all of the following; — (a) The cost of (i) cleaning, maintaining, and repairing the parking project; (ii) supplying electrical energy for the lighting of the parking project; (iii) supplying water for the parking project; (iv) public liability insurance covering the parking project, the amount of such insurance to be established by the Council: (b) A sum equal to real-property and local-improvement taxes which would be levied against the parking project but for the exemptions from such taxes allowed on real property vested in the city, by a special assessment imposed upon the real property benefited by and specially assessed for the construction of the parking project sufficient to defray such costs and charges. A schedule shall be appended to the by-law establishing the amount of such costs and charges that is to be levied against each parcel of land specially assessed. The by-law shall set out the period to which such costs and charges apply. (2) The costs and charges levied against each parcel of land pursuant to subsection (1) shall be a sum which bears to the total costs and charges levied against all of the real property pursuant to subsection (1) the same ratio as the amount specially assessed against each such parcel of land for the cost of construction of the parking project bears to the total cost of the construction of the parking project. (3) The special assessment imposed pursuant to subsection (1) shall be deemed to be a tax and shall be collected by the city in the same manner and at the same time as the payment of real-property taxes within the city. (4) Subsections (2) and (3) of section 510 shall not apply to a special assessment imposed upon real property by a by-law passed pursuant to subsection (1). (5) This section shall be deemed to have come into force on the first day of January, 1957. 1961-76-12.
Dec. 31. 1996 241 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 506B
Maintenance of local improvements 506B. (1) Where a project undertaken by Council as a local improvement under this part has been completed, then the Council may by by-law provide that the annual cost of any or all of the following::— (a) Cleaning, maintaining, or repairing the project; (b) Supplying electric lighting, water, fuel, or steam for the project; (c) Public liability insurance covering the project, the amount of such insurance to be established by Council; (d) any rental payable in respect of the space occupied by the project; (e) a sum equal to real-property and local-improvement taxes which would be levied against the land and improvements comprised in the project but for the exemptions from such taxes allowed on real property vested in the city; (f) Interest on all moneys borrowed or advanced by the Council to pay for the costs incurred under clauses (a), (b), and (c), shall be specially assessed upon the real property benefited by the project and specially assessed for the payment of all or any part of the cost thereof. (2) The costs levied against each parcel of land pursuant to subsection (1) shall be a sum which bears to the total costs levied against all of the real property pursuant to subsection (1) the same ratio as the amount specially assessed against each such parcel of land for the cost of the project bears to the total amount specially assessed against all the real property for the cost of the project. (3) The special.assessment imposed pursuant to subsection (1) shall be deemed to be a tax and shall be collected by the city in the same manner and at the same time as the payment of real-property taxes within the city. (4) Subsections (2) and (3) of section 510 shall not apply to a special assessment imposed upon real property by a by-law passed pursuant to subsection (1). (5) The by-law may provide that the city pay such portion of the annual cost of any or all of the services mentioned in subsection (1) as the Council may see fit as the city’s share of the cost. (6) A by-law passed pursuant to this section remains in force from year to year until repealed.
1970-54-28; 1972-67-30.
Provision where pavement exceeds certain width 507. (1) Where a project undertaken on the initiative of the Council involves the construction of a pavement in front of any property situate in a residential district and the pavement exceeds 27 feet in width, the cost of the excess shall be included in the city’s share of the cost. “Residential district”, for the purposes of this subsection mean a district where no outright uses other than single family or 2 family dwellings and ancillary buildings are permitted.
242 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 508
Provision for taking vote (2) If the Council considers that the designated area for a project undertaken on the initiative of the Council is unduly large to proceed under section 506 (2) (b), it may instead submit the project for the assent of the electors in the area and, if more than one-third of the votes are against the project, this has the same effect . as if a sufficient number of notices of objection were filed with the City Clerk under that section.
1953-55-507; 1960-80-11; 1990-76-8; 1993-54-74.
By-law making regulations 508. The Council may by by-law make regulations not inconsistent with this Part (a) prescribing the forms and contents of notices, petitions, and other documents referred to in this Part; (b) providing that signatures to petitions or notices of objection may not be withdrawn or countermanded after their filing with the City Clerk; (c) prescribing the basis of assessment with respect to any project or group of projects, whether on the frontage or the assessed value of the parcels specially benefited, or on any other basis, including, with respect to any two or more projects of a like nature, a provision that by resolution the Council may establish a flat rate per foot frontage, based on the average cost per foot frontage of such projects as estimated by the Council. For the purpose of this clause, “frontage” shall include “flankage”; (d) providing that the notice of assessment required under section 510 may, where a project is undertaken on the initiative under section 506, be combined with the notice required under section 506; (e) for determining what other works, improvements, or services connected with the project, but not a part of it, are necessary in the public interest to be done at the same time as the project, and what portion of the cost of such other works, improvements, or services shall be included in the cost of the project; (f) for determining by what means corporations and others may sign petitions or give notices of objection to a project, and for delegating to the Collector of Taxes or other employee of the city the power to certify whether any petition for a project has been sufficiently signed, or whether a sufficient number of notices of objection have been filed, and for providing that such certification shall be final and conclusive for all purposes, subject to an appeal to the Council by any person affected by the certificate; (g) where all the parcels in an area are not equally benefited, for determining the proportion of benefit that shall be applied as between different parcels or classes of parcels, and for apportioning the cost of the project accord ingly; (h) where on the real-property assessment roll two or more contiguous parcels are treated as a single parcel, for providing that each such parcel in an area
Dec. 31. 1996 243 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 508
shall nevertheless be taken into account on petitions for, or notices of objection to, a project, and for providing that the certificate of the assessor may be accepted in arriving at the value of such contiguous parcels; (i) for providing the means of apportioning or otherwise adjusting the taxes levied under this Part in cases where parcels are subdivided or otherwise changed so far as their boundaries or zoning are concerned; (j) for determining what variation, if any, is to be applied in assessing comer parcels, parcels of abnormal shape or situation, and rights-of-way of railways and public utilities, to the end that they may be dealt with in a fair and equitable manner as compared with the other parcels; (k) for providing the means of ascertaining the probable cost of a project arid its probable lifetime; (l) for prescribing the terms and conditions upon which persons whose real property is specially assessed may commute for a payment in cash the taxes imposed thereon under this Part; (m) for fixing and determining what part of the cost of any particular project shall be the city’s share thereof and what part shall be the property-owners’ share thereof; (n) for providing by what person the special assessment roll shall be made and the notices of assessment mailed; (o) for providing that the members of Council shall be the Court of Revision for the purposes of this Part; (p) for providing that the city may as owner be reckoned as a petitioner for a project, notwithstanding that it is not an owner liable to be specially assessed; (q) for providing that, notwithstanding section 510, a Court of Revision need not sit and notices of assessment need not be mailed if only the supply of electrical energy is undertaken or if a project is submitted for the assent of the electors under section 507 (2); (r) for providing that where the Council, by the votes of not less than two-thirds of all the members of the Council, either by resolution or by by-law, shall deem and declare, for reasons to be expressly therein set forth, that any property is especially inequitably or unjustly affected by any tax imposed against such property, pursuant to any provision of this Part, the Council may, by such resolution or by-law, reduce the said tax for any one or more years, or for the full period of the by-law imposing such tax, and shall by such resolution or by-law direct the Collector of Taxes to enter on the tax roll against the said property the amount of the reduced tax in lieu of the original tax; and the amount of the difference between the original and such reduced tax shall be provided out of the general funds of the city;
244 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 509
(s) for making any other provision not inconsistent with this Act for the carrying-out of a project and collecting the taxes provided for by this Part. 1953-55-508; 1956-70-14; 1961-76-13; 1967-63-12; 1969-45-24; 1974-104-17; 1977-30-164, proclaimed effective September 30, 1977; 1992-57-13; 1993-54-75.
How joint owners dealt with 509. Where two or more persons are together assessed for a parcel, in determining the sufficiency of any petition or notice of objection (a) they shall, save as otherwise provided, be reckoned as one owner only; (b) they shall not be entitled to petition or object unless a majority of them concur, and the signatures of any of them, unless the petition or notice of objection is signed by the majority, shall be disregarded in determining its sufficiency. 1953-55-509.
Special assessment roll 510. Before a special assessment is imposed upon any real property by the passing of a local improvement by-law, the Council shall: —
Its contents (1) Cause to be made a special assessment roll in which shall be entered (a) a short description of the project; (b) every parcel (identified by a short description) to be specially assessed in respect of the property-owners’ share of the cost, the name of the assessed owner thereof, its length of frontage in feet or assessed value, or other basis of assessment, as the case may be; (c) the estimated rate per foot or other basis of assessment applicable to the parcel; (d) the number of annual instalments by which the taxes to be levied and collected as a result of such special assessment are to be payable; (e) every exempt parcel, the name of the owner thereof, its length of frontage in feet, or assessed value or other basis of assessment:
Notice to be mailed (2) Cause a notice of assessment to be mailed to the assessed owner of every parcel liable to be specially assessed, setting out with respect to the project (a) a short description of the project; (b) the designated area; (c) the estimated cost of the project; (d) the estimated cost of the city’s share; (e) the number of annual payments to be required; (f) the estimated annual rate per foot or other unit of assessment;
Dec. 31, 1996 245 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 511
(g) the time and place at which a Court of Revision will sit to hear complaints against the proposed special assessments:
Court of Revision (3) Unless otherwise provided, sit as a Court of Revision to hear complaints against the proposed special assessments. Such complaints shall be limited to the matters over which the Court of Revision has jurisdiction as set out in section 511.
1953-55-510; 1960-80-12.
Its powers and duties 511. The Court of Revision shall begin to sit to hear such complaints at such time, not less than fifteen days, after the mailing of the last of the notices referred to in the preceding section and after such advertising of the.sittings of the Court as the Council may direct. The special assessment .roll shall be kept open for inspection at the office of the Collector of Taxes for at least fifteen days next before the day fixed for the sitting of the Court of Revision. The Court of Revision shall have jurisdiction and power to correct errors with respect to (a) the names of the assessed owners; (b) the length of the frontage or other measurements of a parcel; (c) any variation applied pursuant to clauses (g) and (j) of section 508; but it shall not have power to review or alter the proportions of the cost of the project as between the city’s share of the cost and the property-owners’ share of the cost as fixed by the Council.
1953-55-511; 1974-114-17.
Provision for additions to roll 512. Where it appears to the Court of Revision that any parcel which is not specially assessed should be specially assessed, the Court shall, before determining the matter, adjourn its sittings to a future day and cause notice to be mailed to the assessed owner of such parcel so that he may be heard. The notice shall be mailed at least ten days before the day fixed for the adjourned sittings. Whether the owner appears or not, if the Court of Revision decides that any such parcel ought to be specially assessed, the Court shall have power to fix the amount of the special assessment thereon.
1953-55-512.
Further appeal 513. (1) Upon notice in writing given to the City Clerk within ten days of the decision complained of, there shall be an appeal from any decision of the Court of Revision to a Judge of the Supreme Court, who shall hear the same summarily and have the like jurisdiction and powers as are conferred upon the Court of Revision by section 511, and the provisions of section 512 shall apply where it appears to the Judge that any parcel not specially assessed ought to be so assessed.
246 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 513:1
(2) An appeal on a question of law lies from a decision of the Judge of the Court to the Court of Appeal with leave of a justice of the Court of Appeal. 1953-55-513; 1982-7-110, proclaimed effective September?, 1982; 1989-40-221.
Complaints about averaging and phasing in by-laws 513.1 (1) In addition to its powers and duties under section 511, the Council, sitting as a Court of Revision, may (a) adjudicate complaints made under a by-law adopted under section 374.4 respecting errors in (i) an adjustment to the net taxable value of any property, (ii) the application of the by-law to a property class, or (iii) an exemption from the by-law, and (b) direct the Collector of Taxes to make any amendments to the adjusted value of any property that are necessary to give effect to its decisions. (2) Section 513 applies in respect of complaints referred to in subsection (1). 1992-70-40.
Roll not be questioned 514. The Collector of Taxes shall make such corrections in the special assessment roll as are necessary to give effect to the decisions of the Court of Revision and of the Judge, and thereupon he shall certify the roll. When so certified, the special assessments therein, subject to any proceedings theretofore taken, shall not be open to question in any Court, and any project undertaken by the Council which is based on such special assessments shall be deemed to have been lawfully undertaken in accordance with the provisions of this Part. 1953-55-514; 1974-114-17.
Costs to.be apportioned 515. When the portion of the cost of the project to be borne by the property-owners whose real property is specially benefited by the project has been ascertained, it shall be apportioned in yearly payments over the parcels of real property specially benefited, in accordance with, and apportioned to, the amounts specially assessed against each such parcel in the special assessment roll so certified. The portion of the cost of the project to be borne by the property-owners shall not exceed by more than ten per centum the cost of such portion as estimated by the city, and any further excess shall be borne by the city. The yearly payments shall include a sum sufficient to cover the interest. 1953-55-515; 1966-69-18.
Local improvement by-law 516. The Council shall pass a local improvement by-law levying the taxes so apportioned to defray the property-owners’ share of the cost of the project. In a schedule to the by-law there shall be set out the yearly payment apportioned as aforesaid with respect
Dec. 31. 1996 247 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 517
to each parcel. The schedule to the by-law need not be annexed thereto and, if not so annexed, it shall be embodied in the by-law by reference only. The schedule shall be captioned with reference to the by-law, certified by the Collector of Taxes, and deposited in his office during the currency of the by-law. The schedule so deposited shall be an integral part of the by-law as if expressly embodied therein.
1953-55-516; 1966-69-19; 1974-114:17.
Amounts to go in tax roll 517. Thereupon the Collector of Taxes shall, with respect to each parcel so specially assessed, insert in the real-property tax rolls for the years required by the by-law, as a charge imposed with respect to such parcel, the amount of the tax levied thereon by the by-law.
1953-55-517.
By-law to be repassed where held invalid 518. (1) If a debt has been incurred by the city under this Part, and if after the incurring of such debt a special assessment is adjudged to be invalid, or the by-law providing for borrowing money therefor is set aside or quashed, either wholly or in part, by reason of any error, irregularity, or illegality in making such assessment or in passing such by-law, the Council shall cause a new assessment to be made, and shall pass a new by-law when and so often as may be necessary to provide funds for the payment of the debt so incurred for such work or improvement.
Effect of new by-law (2) Every liability or obligation incurred and every debenture issued by the city under the authority of any such defective or illegal by-law shall be as effectual and as binding as if the amending or new by-law directed to be passed had been passed and was in force at the time such liability or obligation was incurred or such debenture was issued.
Special powers of Council (3) The Council may, of its own motion, amend and correct any manifest error in any special assessment or. in any local improvement by-law, and may pass any amending, repealing, or new by-law that may be necessary or expedient for the purpose of making effectual and binding the liability incurred or the raising of any money by the issuing of any debentures under the authority of any such by-law, and thereupon every liability incurred and the special assessment and annual tax imposed thereunder shall be as effectual and binding as if the amending or new by-law directed to be passed had been passed and was in force at the time such liability was incurred and the special assessment and annual tax was levied.
1953-55-518.
248 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 519
Project may be reduced in scope 519. Notwithstanding that the Council may have undertaken a project, it may decide not to carry it out, or the Council may, if it deems that it is inadvisable or impracticable to complete in its entirety any project undertaken, reduce the scope and redefine the area and readjust the limits of such project either before or after commencement thereof, and may also provide that the portion of the cost of such project to be borne by the real property benefited thereby shall be borne proportionately in the same manner and on the same basis as originally provided for such project.
1953-55-519.
Part V to apply 520. The provisions of Part V with respect to borrowing and to debentures and the issue thereof shall, mutatis mutandis, apply to borrowing and to debentures issued pursuant to this Part.
1953-55-520.
Effect on city’s debt 521. A by-law authorizing the issue of debentures to defray the property-owners’ share of the cost of a project pursuant to this Part need not be submitted for the assent of the electors, and such debentures shall be deemed to form no part of the debt of the city under Part V, nor shall it be necessary to include the amount of the debt created by such debentures in any recital, under that Part, of the total amount of the existing debenture debt of the city.
1953-55-521.
Shortage, how dealt with 522. If in any year the amount realized from the taxes levied under this Part to provide for the property-owners’ share of the cost of a project is insufficient to pay the amount falling due in such year, the Council shall provide for the deficiency in the estimates for the following year, but this shall not affect the special liability imposed by the local improvement by-law upon the parcels specially benefited.
1953-55-522.
Excess, how dealt with 523. If the amount realized from the debentures under a local improvement by-law exceeds the cost of the project, the excess shall be taken into the general revenue of the city. If such amount is less than the cost of the project, the shortage shall be paid out of general revenue and shall be amortized over the life of the debentures.
1953-55-523.
Resolution cancelling local improvement or work 523A. Notwithstanding anything contained in this Act or in any by-law passed in pursuance thereof, in the event of any local improvement or work not being commenced within one year from the date of the sitting of the Court of Revision which was held to hear
Dec. 31. 1996 249 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 523B
complaints with respect thereto, the Council may by resolution cancel the said local improvement or work.
1957-85-15.
Special rates levy 523B. (1) If the assent of the electors iii the designated benefiting area is obtained to a question under this section, the Council has the power, without the further assent of the electors, to pass by-laws as and when Council considers appropriate to borrow money for the work, improvement or service described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question. (2) Before submitting a question under this section, the Council shall, by resolution, declare that (a) it is desirable for the city to undertake a work, improvement or service that Council considers will specially benefit real property in a designated area of the city, and (b) an amount specified in the resolution must be borrowed for the work, improvement or service. (2.1) After a resolution under subsection (2) has been made, the Council may submit to the electors in the designated area a question setting out (a) the proposed work, improvement or service for which the money is to be borrowed, (b) the maximum total amount proposed to be borrowed, (c) the area of the city within which the total amount of money to be borrowed will be raised by a levy on the rateable property, (d) whether the levy will be based on frontage or on the assessed value of the rateable property within the area, and (e) a statement that, if the question receives the assent of the electors, the Council has the power, without the further assent of the electors, to pass by-laws as and when Council considers appropriate to borrow money for the work, improvement or service described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question. (3) A by-law passed under this section shall provide that the total amount of the indebtedness created by the debentures issued thereunder shall be borne by the rateable property in the limited and determinable area of the city designated by Council in such by-law and specially benefited by the work, improvement, or service to be undertaken, and whether such amount shall be levied according to the frontage of the rateable property or according to the assessed value thereof. Such levy shall commence not later than one year from the date of the issue of the debentures authorized by the by-law. If the levy is on a frontage basis, it shall not be necessary to state in such by-law the annual rate per front foot.
250 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 523C
(4) If a by-law passed under this section provides for a levy to be made according to the frontage of the rateable property, then allowance may be made in any assessment for comer lots, triangular or irregularly shaped parcels of land, and parcels comprising a railway right-of-way, having due regard to the situation, value, and superficial area of such lots or parcels as compared with adjoining lots and parcels of land assessable for such work, improvement, or service, and the Council may charge the amount of any allowance made on any such lot or parcel of land on the other rateable property in such designated area, or may assume the same and provide for payment thereof out of funds raised by general debentures or out of the general revenue of the city.
(5) From any such assessment referred to in subsection (4), there shall be the right to appeal to the Council, and from the Council to a Judge of the Supreme Court. Such appeal shall be limited to the matters referred to in section 511 and shall be brought within one year of the final passing of such by-law, and the appeal to the said Judge shall be brought within fourteen days of the decision of the Council. Service of written notice of appeal on the City Clerk shall be deemed to be the bringing of an appeal. The said Judge may make such order in respect of such assessment and as to costs as he may deem advisable and equitable.
(5.1) An appeal on a question of law lies from a decision of the Judge to the Court of Appeal with leave of a justice of the Court of Appeal.
(6) Subject to subsection (5), none of the foregoing sections in this Part shall be applicable to this section, except sections 498 to 505, inclusive, 508, and 518 to 523, inclusive. 1958-72-26; 1966-69-20 to 22; 1969-45-25; 1974-104-44; 1982-7-111, proclaimed effective September 7,1982; 1993-54-76.
Council may defer levies 523C. (1) The Council may, by a by-law passed by 2/3 of all its members, enter into an agreement with any owner of real property providing for the deferral of any levies imposed pursuant to this Part on such terms and conditions as to Council seem appropriate.
(2) During the life of any such agreement the City shall assume payments of all levies so deferred in accordance with the provisions under which such levies were imposed. 1978-41-30.
Council may assume levies 523C.1 The Council may, by by-law, provide for the city to assume any levies imposed under this Part on the owner of real property if a project has been replaced, removed or destroyed. 1993-74-13.
Dec. 31. 1996 251 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 523D
Part XXIV-A — Development Cost Levies Development cost levies 523D. (1) For the purpose of this section, “capital project” means (a) constructing, altering, expanding or replacing sewage, water, drainage and highway facilities, (b) providing and improving park land, and (c) establishing day care facilities in premises leased or owned, and acquiring property for such facilities. (2) Where, in approving a subdivision, the city requires that the mains of the systems referred to in section 292 (1) (e) be of a diameter in excess of that required to service the subdivision, the cost of providing such excess capacity shall be deemed to be a capital project in respect of which a development cost levy may be imposed subject to the provisions of this section. (2.1) In addition to the capital projects referred to in subsections (1) and (2), Council may impose a development cost levy for the purpose of assisting in providing - Replacement Housing in such a manner as it deems appropriate and assisting in providing such housing shall be deemed to be a capital project. (2.2) For the purposes of this section, “Replacement Housing” means housing which Council reasonably anticipates will, as a result of development in the area in which a development cost levy is imposed, be necessary to house persons displaced and unable to afford comparable accommodation in that area and, in anticipating the housing required, Council may look to development anticipated during a 20 year period commencing on the date the by-law imposing the development cost levy is imposed. (3) The Council may, by by-law, impose a development cost levy in accordance with this section, (a) in the case of capital projects other than Replacement Housing, where the Council determines that development anticipated to take place in an area designated by it will contribute to the need to provide one or more capital projects in all or part of the area, and ' (b) in the case of Replacement Housing, where the Council determines that development anticipated to take place in an area designated by it will contribute to the need to provide Replacement Housing inside or outside the area. (4) Subject to subsections (10) and (11), the development cost levy shall be imposed on every person entitled to the delivery of a building permit authorizing the construction, alteration or extension of a building or structure or part thereof situate within the area designated by Council.
252 Dec. 31, 1996 1953 Vancouver Charter Chap. 55 Section 523D
(5) The cost of a capital project may include (a) all planning, architectural, engineering and legal costs related to the project, and (b) the principal and interest on debt incurred to finance the capital project. (6) The Council may undertake any of the capital projects referred to in subsections (1), (2) and (2.1). (7) The Council may, from time to time, by by-law, amend the amount of a development cost levy to reflect the changed costs of a proposed capital project or to provide for the effects of inflation. (8) Subject to subsection (9), a development cost levy imposed by this section shall be a condition of the issuance of a building permit and shall be paid at the time or times a building permit or permits are issued for the development or redevel opment of property in an area to which a by-law applies. For the purposes of this subsection, the Council may define what constitutes development or redevel opment of property, and may provide that, where a development takes place in stages, each stage shall be deemed to be part of the development. (9) The Council may, in respect of all or different classes of developments, authorize the payment of development cost levies in installments, prescribe conditions under which the installments may be paid and provide that, where not paid, the installment shall be inserted in the real property tax roll as a charge imposed with respect to the parcel or parcels in relation to which the building permit was issued. (10) No levy is payable under a by-law made under this section (a) where a parcel of land is, or will be after construction, alteration or extension, exempt from taxation under section 396 (c) (iv), (b) where a building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension, (i) contain less than 4 self contained dwelling units, and (ii) be put to no other use other than the residential use in those dwelling units, (c) where a by-law imposing a development cost levy on the cost of development exempts repair or renovation work as defined, to such repair or renovation work, or (d) where a parcel of land, owned by the Federal or Provincial government, the City of Vancouver or a non-profit organization, is. or will be, after construction, alteration or extension, used for social housing and, for the purposes of this paragraph, Council may define what constitutes social housing. (11) No development cost levy shall be imposed to pay for any capital project, or portion thereof, provided to the city pursuant to a by-law passed pursuant to
Dec. 31.1996 253 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 523D .
section 292 or in respect of which an assessment has been imposed pursuant to Part XXIV.
(12) The by-law that imposes the development cost levy shall set out the basis of the levy and the levy may vary with respect to (a) different zones or different defined or specified areas, and (b) different uses or occupancies and, for the purpose of this subsection, Council may define what constitutes a use, occupancy or unit on such basis as it determines to be appropriate. (13) The development cost levy may be based on a rate per foot on the length of the longest boundary of the parcel with respect to which the levy is imposed, the number of units, or the number of square feet permitted by the building permit in the development with respect to which the levy is imposed, or on such other basis as Council deems appropriate having regard to anticipated development rights and their contribution to the need for capital projects. The basis of development cost levies may vary for different capital projects. A development Cost levy under this Part shall not be based on a percentage of the cost of a development. A development cost levy for any development as shown on an application for a development permit shall not exceed 10% of the value of the development as determined pursuant to the building by-law from time to time in force. (14) The development cost levy shall be calculated with reference to the information contained on the application for a development permit or to records contained in the Land Title Office. Where development takes place in stages, the total development cost levy shall be apportioned and paid as each building permit is issued. Subject to the limitation contained in subsection (13), the portion of the levy to be paid on the issuance of each building permit shall, until the total levy is paid, be 10%. of the value of the work authorized by the permit as determined pursuant to the building by-law.
(15) The Council shall, on written request, make available to any person subject to the levy the considerations, information and calculations used to determine the basis of a development cost levy, but any information respecting the contemplated acquisition costs of specific properties need not be provided. (16) A development cost levy shall be deposited in a separate development cost levy reserve fund established for the purposes for which it was levied.
(17) Except for money raised for purposes set forth in subsection (2.1), money in development cost levy reserve funds, together with interest, shall be used only to pay the costs of capital projects that relate directly or indirectly to the development or parcel in respect of which the levy was collected. Payments out of a development cost levy reserve fund shall be authorized by a resolution of Council, and one resolution may authorize a series of payments in respect of any capital project.
254 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 524
(17.1) In relation to a capital project of providing and improving park land, money in a development cost levy reserve fund shall only be used for (a) acquiring park land or reclaiming land as park land, or (b) providing fencing, landscaping, drainage and irrigation, trails, restrooms, changing rooms and playground and playing field equipment on park land. (18) Notwithstanding subsection (17), if money raised pursuant to a development cost levy exceeds what is necessary to provide the capital projects for which.it was raised, the excess shall be set aside and spent on projects to benefit, directly or indirectly, the areas or zones in which the properties with respect to which the levy is imposed are located. (19) Nothing in this section restricts or affects any other power contained in this Act, provided however that the cost of any capital project shall be recovered only once. (20) All by-laws passed pursuant to this Part shall be filed with the Ministry of Municipal Affairs, Recreation and Culture.
1990-76-9; 1990-77-1; 1995-53-43.
Part XXV — Quashing By-laws and Resolutions
Illegal by-law or resolution may be quashed 524. On the application of an elector or a person interested in the by-law or resolution, a Judge may declare the by-law or resolution void in whole or in part for illegality.
19.93-54-77.
Notice and security 525. Notice of the application shall be served on the city at least ten days before the day of the hearing, and before the hearing the applicant shall furnish security for the city’s costs in such amount and in such manner as the Judge shall think proper. After the determination of the proceedings, the Judge may make such order as to costs as shall be just.
1953-55-525.
Service on city within one month 526. No application to quash a by-law or resolution, or part thereof, under this part shall be entertained unless notice of the application is served on the city within one month after the passing of the by-law or resolution complained of.
1953-55-526.
Particulars to be given 527. The notice of application shall set out particulars of the illegality alleged.
1953-55-527.
Dec. 31. 1996 255 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 528
528. [Repealed 1982-7-112, proclaimed effective September 7, 1982.]
Applies to corrupt practices, etc. 529. A by-law or resolution in respect of the passing of which a violation of any of the provisions of section 123 or 124 has taken place may be quashed under this Part. 1953-55-529; 1993-54-78.
Procedure on application alleging corrupt practices, etc. 530. Where the ground of the application is an alleged violation of a provision of section 123 or 124, either alone or in conjunction with any other ground, the Judge may hold an inquiry and examine witnesses under oath as to the alleged violation before deciding upon the application to quash. The Judge in such case may order that nothing shall be done under the by-law or resolution complained of until the application is disposed of, but if the application is not proceeded with to the satisfaction of the Judge, he may remove the stay of proceedings. 1953-55-530; 1993-54-79. V
Part XXVI — Compensation for Real Property Expropriated or Injured
531. [Repealed i987-23-120, effective December 24, 1987 (B.C. Reg. 451/87).]
Expropriation
Power to expropriate 532. If, in the exercise of any of its powers of acquiring real property, the city fails to come to an agreement with its owner as to the terms of acquisition, the city may, by by-law or resolution of the Council, expropriate such real property. 1953-55-532; 1958-72-28; 1987-23-121, effective December 24, 1987 (B.C. Reg. 451/87).
533 to 537. [Repealed 1987-23-122, effective December 24, 1987 (B.C. Reg. 451/87).]
Additional area may be acquired 538. Where, in the exercise of the city’s powers of acquiring real property, it appears to the Council that it can acquire for the city a larger or other area of real property in the same block at a more reasonable price or on terms more advantageous to the city than those at which it could acquire the part immediately required for its purposes, the Council may acquire such larger or other area, and may afterwards dispose of so much of it as is not so required. 1953-55-538.
539 and 540. [Repealed 1987-23-122, effective December 24, 1987 (B.C. Reg. 451/87).]
256 Dec. 31, 1996 1953 Vancouver Charter Chap. 55 Section 540.1
Power to expropriate personal property 540.1 (1) The Council may, in conjunction with an expropriation of real property, expropriate personal property. (2) Where the Council expropriates personal property under subsection (1), section 16 (3) to (9) of the Hydro and Power Authority Act applies. 1987-23-123, effective December 24, 1987 (B.C. Reg. 451/87).
540A. [Repealed 1987-23-123, effective December 24, 1987 (B.C. Reg. 451/87).]
Injurious Affection
Compensation for injurious affection 541. Where real property is injuriously affected by the exercise on the part of the city of any of its powers, the city shall, unless it is otherwise provided in this or some other Act, make due compensation to the owner for any damage necessarily resulting therefrom beyond any advantage which the owner may derive from any work in connection with which the real property is so affected. 1953-55-541.
Power to enter other property 542. It shall be lawful for the city to enter upon any real property in danger of being injuriously affected for the purpose of executing and to execute any work in mitigation of the apprehended injurious affection. 1953-55-542.
Claim to be filed 543. A claim by an owner for compensation for damage resulting from his real property being injuriously affected shall be filed with the City Clerk, giving particulars of the claim, within one year after the injury was sustained, or after it became known to such person, and if not so filed, the right to compensation shall be forever barred. 1953-55-543.
How damage ascertained 544. The amount, if any, of the compensation for damage for injurious affection, if not agreed upon, shall be determined, as at the date when the injurious affection first took place, by the Expropriation Compensation Board established under the Expropriation Act. 1953-55-544; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1987-23-124, effective December 24, 1987 (B.C. Reg. 451/87).
General f 545 to 550. [Repealed 1987-23-125, effective December 24, 1987 (B.C. Reg. 451/87).]
Dec. 31, 1996 257 Chap. 55 Vancouver Charter 1-2 Euz. 2 Section 551
Change of street grade 551. There shall be no compensation for injurious affection to a parcel by reason of the alteration of the grade or level of any street, except where (a) upon written application of the owner, the grade or level so altered was established by the city with respect to such parcel; (b) a concrete sidewalk was laid by the city on the portion of such street abutting the parcel and on the same side of the street.
1953-55-55.1.
Traffic powers 552. There shall be no compensation for injurious affection by reason of the exercise of any power with respect to street traffic under Part XII.
1953-55-552.
553 to 557. [Repealed 1987-23-125, effective December 24, 1987 (B.C. Reg. 451/87).]
558. [Repealed 1958-72-38.]
Part XXVII — Planning and Development
Interpretation 559. In this Part, or in any by-law made thereunder, unless the context otherwise requires, “building” and “construction” mean “building” and “construction” as defined in section 304; “certificate of use and occupancy” means a certificate issued by the Director of Planning or such other persons as are authorized by Council, designating the authorized use or occupancy of any land or building; “conditional approval use” means a use of land or a building which is permitted in a district or zone at the discretion of Council or an official or board to whom the discretion is delegated; “development” means a change in the use of any land or building, or the carrying-out of any construction, engineering or other operations in, on, over, or under land or land covered by water; “development plan” means a plan or plans for the future physical development of the city or any part thereof, whether expressed in drawings, reports, or otherwise, and whether complete or partial; “non-coriforming” as applied to a development means that such development was lawful when it took place but, by reason of a zoning by-law subsequently passed, does not conform to the uses permitted or regulations prescribed by such by-law. “Non-conformity” shall have a corresponding meaning;
258 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 560
“official development plan” means any development plan, whether complete or partial, which has been adopted under this Part; “owner” shall include the agent or representative of a person owning or in possession of real property or in receipt of the rents or profits therefrom whether on his own account or as agent or trustee for any other person; “structural alteration” includes any work or construction which involves any change, modification, replacement, or repair of any supporting member of a building, including the bearing walls, columns, beams, or girders thereof; “zoning by-law” shall include a zoning and development by-law.
1959-107-20; 1964-72-16; 1987-52-32; 1988-67-11.
Appointment of Director of Planning 560. The Council may appoint a Director of Planning, who shall have such duties and powers as the Council may from time to time prescribe.
1959-107-20.
Power of entry to inspect 560A. The Director of Planning or anyone authorized by him shall have power to enter on to any land or into any building at any reasonable time for the purpose of inspecting such land or building in order to ascertain if the provisions of a zoning by-law are being or have been carried out.
1963-60-16.
Development plans 561. (1) The Council may have development plans prepared or revised from time to time. (2) A development plan under this section may (a) relate to the whole city, or to any particular area of the city, or to a specific project or projects within the city; (b) be altered, added to, or extended; (c) designate (i) land for streets, lanes and other public thoroughfares, and for the widening of streets, lanes and other public thoroughfares, (ii) sites for parks, schools and public buildings, and (iii) areas for special projects, including projects that require development or redevelopment as a whole. (3) A development plan under this section must include housing policies of the Council respecting affordable housing, rental housing and special needs housing. (4) A development plan under this section may include (a) policies of the Council relating to social needs, social well-being and social development, and
Dec. 31, 1996 259 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 562
(b) a regional context statement, consistent with the rest of the development plan, of how matters referred to in section 942.12 (2) (a) to (c) of the Municipal Act, and other matters dealt with in the development plan, apply . in a regional context. (5) To the extent that a development plan under this section deals with these matters, it should work towards the purpose and goals referred to in section 942.11 of the Municipal Act.
1992-15 -3; 1994-52-170; 1995-9-17.
Council powers respecting official development plan 562. (1) The Council may, by by-law, (a) adopt as the official development plan, or as a part of the official development plan, any development plan prepared under section 561, or (b) revise or amend the official development plan or any part of the official development plan. (2) If a by-law under subsection (1) adopts or amends a regional context statement under section 561 (4) (b), before adoption of the by-law the Council must refer the by-law for comment to the board of the Greater Vancouver Regional District.
1995-9-18.
Planning of school facilities 562.1 The Council, if it has adopted or proposes to adopt, revise or amend an official development plan for all or any part of the city, shall, at the time of preparing, revising or amending the official development plan and, in any event, not less frequently than once in each calendar year, consult with the school boards for the school districts that are wholly or partially included in the area to which the official development plan applies and seek their input as 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.
1993-6 -20.
Undertakings, official development plan 563. (1) The adoption by Council of a development plan shall not commit the Council to undertake any of the developments shown on the plan.
260 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 564
(2) The Council shall not authorize, permit, or undertake any development contrary to or at variance with the official development plan. (3) It shall be unlawful for any person to commence or undertake any development contrary to or at variance with the official development plan.
1959-107-20.
Power to acquire lands in addition to those essential to project 564. (1) Where a project is shown upon an official development plan, the Council may acquire any real property it considers essential to the carrying-out of the project, and in addition acquire other adjacent or neighbouring real property. Such additional real property may include (a) the remnants of parcels, portions of which are essential to carrying out the project; (b) any lands which may be injuriously affected by the project; (c) any lands which, if allowed to be built upon without restriction, might become the site of buildings or structures which would prejudicially affect the full enjoyment of any building forming part of the project or the archi tectural effect thereof; (d) any lands which the Council is of the opinion could be conveniently and profitably resubdivided or rearranged and developed as part of the project.
Power to purchase or expropriate (2) The Council shall have the same right to purchase or expropriate the additional lands as it has to purchase or expropriate the lands immediately necessary for the carrying-out of the project under this Act.
Expenses (3) Any expenses incurred in acquiring additional lands shall be met as part of the project, and the proceeds of any sale or other disposition of the lands so acquired shall be applied, in so far as they are required, in reduction of the cost of carrying out the project.
1959-107-20.
564A. [Repealed 1977-37-35, proclaimed effective September 22, 1977.]
Zoning
Zoning by-law 565. (1) The Council may make by-laws (a) dividing the city or any portion thereof into districts or zones of such number, shape, or size as Council may deem fit;
Dec. 31. 1996 261 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 565
(b) regulating, within any designated district or zone, the use or occupancy of land and land covered by water for or except for such purposes as may be set out in the by-law; (c) regulating, within any designated district or zone, the construction, use, or occupancy of buildings for or except for such purposes as may be set out in the by-law; (d) regulating the height, bulk, location, size, floor area, spacing, and external design of buildings to be erected within the city, or within designated districts or zones; (e) establishing, in any district or zone, building lines and the area of yards, courts and open spaces to be maintained and the maximum percentage of the area of land that can be covered by impermeable material; (e.l) regulating, in any district or zone, the maximum density of population or the maximum floor-space ratio permissible; (f) designating districts or zones in which there shall be no uniform regulations and in which any person wishing to carry out development must submit such plans and specifications as may be required by the Director of Planning and obtain the approval of Council to the form of development, or in which any person wishing to carry out development must comply with regulations and guidelines set out in a development plan or official development plan; (f.l) requiring, where it creates a zone pursuant to this section, that as a condition of approving a form of development a person provide public amenities, facilities or utilities or provide land for such purposes or require that the person retain and enhance natural physical features of a parcel being developed; (g) delegating to the Director of Planning or such other persons as are authorized by Council the authority to certify the authorized use or occupancy of any land or building; (h) providing for certificates of use or occupancy and providing that the use or occupancy of any land or building other than in accordance with the certificate of use or occupancy applicable to such land or building shall constitute a violation of the by-law and shall render the owner of the land or building liable to the penalties provided in the by-law; (i) authorizing the collection of a fee for a certificate of use or occupancy, which fee may vary according to the type of use or occupancy or the value of the land or building used or occupied; (j) describing the zones or districts by the use of maps or plans, and the information shown on such maps or plans shall form part of the by-law to the same extent as if included therein. (2) A by-law regulating the use or occupancy of land, land covered by water or buildings may
262 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 565.1
(a) permit uses or occupancies existing at a date specified in the by-law as outright uses, and (b) make uses or occupancies existing at a date specified in the by-law conditional approval uses as of that date. (3) The regulations under subsection (1) may be different for different protected heritage property, as specified in the by-law. 1959-107-20; 1964-72-17; 1990-76-10; 1992-57-14; 1994-43-95; 1994-52-171.
Zoning for amenities and affordable housing 565.1 (1) A zoning by-law may (a) establish different density regulations for a district or zone, one generally applicable for the district or zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and i (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 by-law, including the number, kind and extent of the housing; (c) a condition that the owner enter into a housing agreement under section 565.2 before a building permit is issued in relation to property to which the condition applies. (3) A zoning by-law under section 565 (1) (f) may designate an area within a zone for affordable or special needs housing, as such housing is defined in the by-law, if the owners of the property covered by the designation consent to the desig nation. 1993-58-5:1994-43-96.
Housing agreements for affordable and special needs housing 565.2 (1) Council may, by by-law, enter into a housing agreement under this section. (2) A housing agreement may include terms and conditions agreed to by Council 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 by-law under subsection (1) for the agreement;
Dec. 31. 1996 263 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 565A f (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 that may be charged and the rates at which rents 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 by-law. (4) A housing agreement may only be amended by by-law adopted with the consent of the owner. (5) If a housing agreement is entered into or amended, the city must file in the land title office a notice that the land described in the notice is subject to the housing agreement, as amended if applicable. (6) Once a notice is filed under subsection (5), the housing agreement or the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement. (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) the registrar is not liable nor is the Crown liable vicariously, and (b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Tide Act. (8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 315 of the Land Title Act applies in respect of those fees.
1993-58-5.
By-laws 565A. Council may make by-laws (a) prohibiting any person from undertaking any development without having first obtained a permit therefor. Such permit shall hereinafter be referred to as a “development permit”; (b) providing that a development permit may be limited in time and subject to conditions, and making it an offence for any person to fail to comply with such conditions; (c) providing that no building permit shall be issued for the construction of any building until a development permit has first been obtained;
264 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 565A
(d) delegating to any official of the city or to any board composed of such officials such powers of discretion relating to zoning matters which to Council seem appropriate; (d.l) subject to sections 578 (2) and 579 (2), delegating to the Director of Planning, or to any board composed of officials of the city, the power to refuse to issue a development permit if, in the opinion of the delegate, the proposed action would detract from the heritage value or heritage character of protected heritage property; (e) providing for relaxation of the provisions of a zoning by-law or a by-law prescribing requirements for buildings where (i) enforcement would result in unnecessary hardship, (ii) Council determines that the proposed development would make a contribution to conserving heritage property, (iii) Council determines that the proposed development makes provision for public space or activities, or (iv) Council determines that the proposed development makes provision for low cost housing for persons receiving assistance. Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by the Director of Planning or by any board constituted pursuant to subsection (d). The power to relax the provisions of a zoning by-law shall not be used to permit construction to provide for multiple Occupancy in a one family dwelling district nor to permit the use or occupancy of a dwelling as a multiple dwelling in such district unless it was so used or occupied as at April 1, 1977; provided however, that the occupancy of a suite authorized by a by-law passed pursuant to section 565C shall not constitute a multiple occupancy; (f) providing for the payment of a fee upon application for a development permit, which fee may vary accordingly to the value or type of development for which the permit is sought; (g) providing that the use or occupancy of any land or building in contravention of the provisions of a zoning by-law or the conditions of a development permit shall constitute a violation of the zoning by-law and shall render the owner of the land or building liable to the penalties provided in the by-law; (h) prohibiting the use or occupancy of any land or building on or in which a development has taken place since the eighteenth day of June, 1956, without a development permit; (i) prohibiting the erection, use, or occupancy of any building or the use or occupancy of any land unless due provision is made for public safety and amenity, sanitary facilities, water supply, and drainage; (j) and (k) [Repealed 1992-79-12.] 1964-72-18; 1966-69-23; 1978-41-31; 1988-67-12; 1990-77-2; 1992-79-12; 1994-43-97.
Dec. 31, 19% 265 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 565B
Occupancy of suite defined 565B. The Council may in the exercise of its powers under this Part (a) define what constitutes a family and what constitutes a household support person and may, for the purpose of regulating the occupancy of suites, adopt different definitions of family and household support persons from those adopted to regulate the occupancy of the principal dwelling unit, and (b) define what constitutes a principal dwelling unit and what constitutes a suite.
1988-67-13.
Conditional approval use of suite 565C. (1) The Council may in the exercise of its powers under this Part permit, as a conditional approval use, the occupancy of a suite or suites by members of the family of, or household support persons employed by, the owner or occupant of the principal dwelling unit. (2) The Council may as a condition of permitting the use of suites as authorized under subsection (1), require (a) that a development permit, limited in time, be obtained authorizing such use, and such permit may limit use to occupancy by persons named in the permit, and (b) that security, in a form, amount and for a period of time set out in the by-law, be posted to ensure that the suite is not occupied other than by persons authorized as occupants by the development permit. (3) A development permit authorizing any use of a suite shall expire and become void on a change of ownership or occupancy of the principal dwelling unit or a sale of the premises in which the suite is situate. (4) The granting of the specific powers in this section shall not be taken in any way to diminish the general power to regulate the use or occupancy of land conferred by section 565.
1988-67-13.
Occupancy of phase out suite 565D. (1) In this section, “phase out suite” means a suite which was in existence on October 22, 1986 and which suite or the use or occupancy thereof was on that date not permitted by by-law. ✓ (2) Council may, by by-law, permit the retention of one or more phase out suites for a limited period of time and on such conditions as may be prescribed in the by-law.
1988-67-13.
266 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 565E
Expiry of development permit which is limited in time 565E. When a development permit which is limited in time expires, then notwithstanding section 568, any use permitted by such permit becomes unlawful.
1988-67-13.
Landscaping requirements 565F. The Council may, by by-law, provide that (a) a permit for a conditional approval use, or (b) a zone or district designated under section 565 (1) (f) may include requirements respecting the provision, maintenance and retention of landscaping, including the submission of plans showing the landscaping to be provided, maintained and retained.
1994-52-172.
Amendment or repeal of zoning by-law 566. (1) The Council shall not make, amend, or repeal a zoning by-law until it has held a public hearing thereon, and an application for rezoning shall be treated as an application to amend a zoning by-law. (2) Council may by by-law require every person applying for an amendment to the zoning by-law to accompany the application with a fee to be prescribed by by-law. (2.1) A fee under subsection (2) may vary depending on the size of the area covered by the proposed rezoning, and the by-law establishing the fee may provide for a reduction of the fee depending upon the complexity or scope of the proposed amendment. (2.2) A fee under subsection (2) must not exceed the average costs of processing, inspection, advertising and administration that are usually related to a zoning by-law amendment of the kind to which the fee relates. (3) Notice of the hearing, stating the time and place of the hearing and the place where and the times within which a copy of the proposed by-law may be inspected, shall be published in not less than two consecutive issues of a daily newspaper published (or circulating) in the city, with the last of such publications appearing not less than seven days nor more than fourteen days before the date of the hearing. (4) At the hearing all persons who deem themselves affected by the proposed by-law shall be afforded an opportunity to be heard in matters contained in the proposed by-law, and the hearing may be adjourned from time to time. (5) After the conclusion of the public hearing, the Council may pass the proposed by-law in its original form or as altered to give effect to such representations made at the hearing as the Council deems fit.
Dec. 31, 1996 267 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 567
(6) Notwithstanding the provisions of this section, where any street or part thereof has been stopped up under the provisions of any Act and the ownership thereof is transferred to the owner of an adjoining parcel of land, then the land formerly comprising the street or part thereof so stopped up shall be deemed to be zoned for the same purpose for which the parcel of which it has become a part is already zoned unless the Council by resolution shall otherwise direct. (7) Notwithstanding the provisions of this section, where any land zoned pursuant to this Part has been transferred to the city for street purposes, whether such street is established or opened up by the city or not, such land shall be deemed not to be zoned unless the Council by resolution shall otherwise direct.
1959-107-20; 1962-82-16; 1992-57-15.
By-laws governing restrictions as to height of buildings, size of courts and yards 567. Where the provisions of the zoning by-law impose requirements for a lower height of buildings, or a less percentage of a lot that may be occupied, or require wider or larger courts or deeper yards than are imposed or required by the provisions of the building by-law, the provision of the zoning by-law shall govern; but where the provisions of the building by-law impose requirements for a lower height of buildings, or a less percentage of lot that may be occupied, or require wider or larger courts or deeper yards than are required by the zoning by-law, the provisions of the building by-law shall govern.
1959-107-20; [amended 1981-11-43, to be proclaimed, amendment not included].
Non-conforming buildings 568. (1) Non-conformity shall be divided into two types: — (a) Non-conformity with respect to the use which is made of the premises; (b) Non-conformity arising out of change in the regulations governing matters other than the use which may be made of the premises. (2) A building lawfully under construction at the time of coming into force of a zoning by-law shall for the purpose of that by-law be deemed to be a building existing at that time. For the purposes of this subsection, a building shall be deemed to be lawfully under Construction if a development permit has been issued and such permit remains valid. (3) A lawful use of premises existing at the time of coming into force of a zoning by-law, although such use is not in accordance with the provisions of the by-law, may be continued; but, if such non-conforming use is discontinued for a period of ninety days, any future use of those premises shall be in conformity with the provisions of the by-law. The Board of Variance may extend the aforesaid period of 90 days to a maximum of 180 days. (4) No additions or structural alterations except those required by Statute or by-law shall be made to a non-conforming building without
268 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 569
(a) the approval of the Board of Variance if the non-conformity is in respect of use; (b) the approval of the Director of Planning if the non-conformity is in respect of regulations only.
Fire damage to non-conforming building (5) Where a non-conforming building is damaged or destroyed by fire to the extent of sixty per centum or more of its value above its foundations as determined by the City Building Inspector, whose decision shall be subject to review by the Board of Variance, it shall not be repaired or reconstructed without the approval of (a) the Board of Variance if the non-conformity is in respect of use; (b) the Director of Planning if the non-conformity is in respect of regulations only. (6) [Repealed 1985-89-8.]
Heritage Property (7) Despite subsection (4), additions or structural alterations to a protected heritage property may be undertaken if they are permitted or authorized in accordance with the provisions governing the heritage protection of the property. (8) Subsection (5) does not apply to additions or structural alterations made to a protected heritage property if the additions or structural alterations are permitted or authorized in accordance with a heritage alteration permit under section 597. 1959-107-20; 1960-80-13; 1961-76-14; 1969-45-26; 1974-104-46; 1985-89-8; 1987-52-33; 1994-43-98.
Property injuriously affected 569. (1) Where a zoning by-law is or has been passed, amended, of repealed under this Part, or where Council or any inspector or official of the city or any board constituted under this Act exercises any of the powers contained in this Part, any property thereby affected shall be deemed as against the city not to have been taken or injuriously affected by reason of the exercise of any such powers or by reason of such zoning and no compensation shall be payable by the city or any inspector or official thereof. (2) Notwithstanding that the Board of Variance has relaxed the provisions of a by-law enacted under this Part, in determining the compensation payable by the city for the taking of lands for the widening of a street in respect of which a building line has been fixed, the city is not liable to pay compensation for or in respect of any building erected in contravention of the by-law fixing the building line. (3) Upon the acquisition of such lands by the city, the owner shall, upon demand by the city, remove such building or part thereof, as the case may be, and, in default
Dec. 31.1996 269 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 570
thereof, the city may remove the same and the costs of such removal and any other costs incidental thereto shall be a debt due to the city payable by the owner of the property recoverable by action and shall be a charge on the balance of the land unless sooner paid to the city. (4) Where 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 zoning by-law under this Part, the remainder of the property is deemed to conform, unless compen sation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by that owner or occupant as a result of the non-conformity. 1959-107-20; 1964-72-19; 1965-68-28; 1969-45-27; 1970-54-29; 1990-76-11.
Withholding of permit pending adoption of zoning by-law 570. (1) Before the adoption of a zoning by-law, an official development plan or a by-law under section 593 designating a heritage property, or of an amendment to a zoning by-law or an alteration, addition or extension to an official development plan, the Council may cause to be withheld the issuance of any development or building permit for a period of 30 days from the date of application for such permit. (2) Where any permit is so withheld, the application therefor shall be considered by the Council within the said period of thirty days, and, if in the opinion of the Council, the development proposed in the application would be at variance or in conflict with a development plan in the course of preparation, or with an alteration, addition, or extension to an official development plan in course of preparation, or with a zoning by-law in course of preparation, or with an amendment to a zoning by-law in course of preparation, the Council may withhold the permit for a further sixty days from the expiration of the thirty-day period hereinbefore referred to, or the Council may impose such Conditions on the granting of the development permit as may appear to the Council to be in the public interest. (3) In the event that the Council does not within the said period of sixty days adopt any such plan, alteration, addition, extension, or by-law, the owners of the land in respect of which a development permit was withheld or conditions were imposed pursuant to this section shall be entitled to compensation for damages arising from the withholding of such development permit, or the imposition of such conditions. Such compensation shall be determined by arbitration pursuant to the Commercial Arbitration Act. (4) Despite subsection (1), an owner of property for which a permit has been withheld before the adoption of a by-law designating a heritage property may agree that a permit may be withheld for a period longer than the 30 days referred to in subsection (1) and, in that case, subsection (1) continues to apply during that longer period and subsection (2) is deemed to read as if the longer period applies. 1959-107-20; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1994-43-99.
270 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 571
Enforcement of by-law 571. (1) Any by-law passed hereunder may be enforced and the contravention of any regulation therein restrained by the Supreme Court upon action brought by the city, whether or not any penalty has been imposed for such contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action. (2) Any zoning by-law passed hereunder may be enforced and the contravention of any regulation therein restrained by the Supreme Court upon action brought by the city or by any registered owner of real property or any incorporated society representing registered owners of real property in the City of Vancouver and affected by such by-law or regulation, whether-or not any penalty has been imposed for such contravention, and it shall be unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action.
1959-107-20;1970-54-30.
Sign by-laws 571 A. (1) The Council may make by-laws for regulating the number, size, type, form, appearance and location of signs, whether projecting into a street or not, and the by-law may contain different provisions for different zones and for different uses within a zone. (1.1) The Council may, by by-law, establish fees payable to the city for an application to initiate a change to a by-law under subsection (1). (2) The Council may, by resolution passed by not less than two-thirds of all its members, order the removal of any sign, whether located.on private or on public property which has been non-conforming for not less than five years, provided, however, that where a sign which became non-conforming prior to March 1, 1973, had, before such date, been granted a permit to make substantial modifica tions to such sign, the said period of five years shall be calculated from the date of such permit. (3) The provisions of subsections (1) and (2) of section 324A shall, mutatis mutandis, apply with respect to the enforcement of any order made herein. No compensation shall be payable in connection with the exercise of the authority herein.
1973-93-22; 1987-52-34; 1994-52-173.
Board of Variance
Establishment and membership of Board of Variance 572. In this and the following section “Board” means “Board of Variance.” (1) The Council shall establish by by-law a Board of five members, two to be appointed by the Council, two to be appointed by the Lieutenant-Govemor in Council, and a Chairman who shall be appointed by a majority of the other
Dec. 31. 1996 271 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 573
appointees. The Board shall appoint a secretary and such other officials as may be required by the Board. (2) Each member of the Board shall hold office for a term of three years or until his successor shall be appointed, but a person may be reappointed for a further term or terms. (3) The Council may provide, by by-law or resolution, for the remuneration of members of the Board, in such amounts as the Council thinks fit, and may also provide for the payment of a fee for the hearing of an appeal before the Board. (4) No person who is a member of the Advisory Planning Commission or who holds any municipal office, whether appointed or elected, is eligible to be appointed or to sit as a member of the Board. (5) Three members of the Board shall constitute a quorum. (6) The Chairman may from time to time appoint a member of the Board as Acting-Chairman to preside in the absence of the Chairman. (7) In the event of the death, resignation, or removal from office of any member of the Board, his successor shall be appointed in the same manner as such member was appointed, and until the appointment of his successor the remaining members shall constitute the Board. (8) The Chairman may be removed at any time by the Lieutenant-Governor in Council on the recommendation of the Council. (9) The by-law establishing the Board shall set out the procedure to be followed by the Board, including the manner in which appeals are to be lodged and the method of giving notices required under section 573.
1959-107-20; 1969-45-29.
Appeals to Board of Variance 573. (1) The Board shall hear and determine appeals (a) by any person aggrieved by a decision on a question of zoning by any official charged with the enforcement of a zoning by-law; (b) by any person who alleges that the enforcement of a zoning by-law with regard to siting, size, shape, or design of a building would cause him undue or unnecessary hardship arising out of peculiarities in the site or special circumstances connected with the development. In any such case the Board may, to the extent necessary to give effect to its determination, exempt the applicant from the applicable provisions of the zoning by-law; (c) by any person who alleges that due to special circumstances or conditions ' the provisions of subsection (3) of section 568 will result in undue or unnecessary hardship to him;
272 Dec. 31.1996 1953 Vancouver Charter Chap. 55 Section 573
(d) with respect to matters arising under subsections (4) and (5) of section 568; (e) by any person aggrieved by a decision by any board or tribunal to whom Council has delegated power to relax the provisions of a zoning by-law; (f) by any person who, by reason of the application of Division (4.1) of Part 28 of the Municipal Act to the city, is (i) unable to obtain a permit authorizing tree cutting or removal, or (ii) unable to comply with the requirements of a by-law or permit under that Division.
(2) The Board shall not allow any appeal solely on the ground that if allowed the land or buildings in question can be put to a more profitable use nor unless the following conditions exist: — (a) The undue or unnecessary hardship arises from circumstances applying to the applicant’s property only; and (b) The strict application of the provisions of the by-law would impose an unreasonable restraint or unnecessary hardship on the use of the property inconsistent with the general purpose and intent of the zoning by-law; and (c) The allowance of the appeal will not disrupt the official development plan.
(2.1) The Board shall not allow an appeal that would apply to a property for. which an authorization for alterations is required under Part XXVIII.
(3) The Board shall give notice to such owners of real property as the Board may deem to be affected by the appeal, and public notice of the hearing shall be given, if the matter is deemed by the Board to be of sufficient importance. For the purpose of determining the names of the owners deemed to be affected, reference shall be made to the records kept by the Assessor.
(4) The Board shall conduct its hearings of appeals under this section in public.
(5) The decision of a majority of the members of the Board present at a hearing shall constitute the decision of the Board, which shall be rendered in open meeting and shall be recorded in writing by the secretary. In the event of the members of the Board being equally divided, the appeal shall be disallowed.
(6). No appeal shall lie from a decision of the Board.
(7) In allowing an appeal, the Board may impose such restrictions, limitations, or conditions as may seem to it to be desirable and proper in the circumstances.
(8) Council may by by-law provide that failure to comply with any restrictions, limitations, or conditions imposed by the Board pursuant to subsection (7) shall constitute an offence against the by-law. 1959-107-20; 1960-80-14; 1964-72-20,21; 1990-77-3; 1993-59-52; 1994-43-100.
Dec. 31. 1996 273 Chap. 55 Vancouver Charter 1-2 Euz. 2 Section 574
Advisory Planning Commission
Personnel and powers of Commission 574. (1) The Council may by by-law create a Commission to advise the Council on planning matters.. (2) The Commission shall comprise such personnel and have such powers and duties . as the Council may by by-law prescribe. (3) Until the Council shall exercise the power by this section conferred the Town Planning Commission constituted under the Town Planning Act shall continue to exercise the powers conferred under that Act. 1959-107-20.
Part XXVIII — Heritage Conservation
Division (1) — General
Definitions 575. (1) The definitions in section 559 apply to this Part. (2) In addition to the definitions made applicable by subsection (1), in this Part “adopt” includes amend or repeal; “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 Council or a delegate; “delegate” means, in relation to a power or duty, a committee, board or person given authority under section 579 to exercise that power or duty; “heritage alteration permit” means a permit under section 597; “heritage designation by-law” means a by-law under section 593; “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 592. (3) A provision of this Part that applies to an officer or employee of the Council may apply to an officer or employee of another government with the approval of that government. 1994-43-101.
274 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 576
Limits on the use of this Part 576. (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 Council, necessary for the conservation of adjacent or proximate land, or an adjacent or proximate building, that is protected heritage property, or (b) with respect to (i) a site that has heritage value or heritage character related to human occupation or use, or (ii) individual landmarks and other natural features that have cultural or historical value. (2) This Part must not be used to prevent a use of real property that is permitted under the applicable zoning by-law for the property or to prevent the development of land to the density allowed in respect of that permitted use under the applicable zoning by-law, except with regard to property that (a) is designated by a heritage designation by-law, or (b) is subject to temporary heritage protection under this Part. (3) 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.
1994-43-101.
Limit on compensation 577. Except as provided in sections 583 (7) and 595, no person is 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.
1994-43-101.
By-law and permit procedures 578. (1) Every application for a heritage alteration permit or the amendment of a by-law under this Part must be considered by the Council or, if applicable, its delegate under section 579. (2) The applicant or owner of property subject to a decision made by a delegate under section 565A (d.l) or 579 is entitled to have the Council reconsider the matter without charge.
1994-43-101.
Dec. 31. 1996 275 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 579
Delegation of Council authority 579. (1) The Council may, by by-law adopted by at least 2/3 of the votes cast, delegate to a committee of Council members, a board under section 565A (d) or (d.l), or an officer or employee of the Council, its powers and duties under one or more of the following, subject to any limits or conditions established by the Council: (a) section 584 respecting heritage inspections; (b) section 585 respecting (i) the requirement for an impact assessment, (ii) the establishment of specifications regarding an impact assessment, (iii) the undertaking of an impact assessment under subsection (1) (b) of that section, and (iv) the determination of whether the information required under that section has been provided; (c) section 587 (5) (b) respecting the making of agreements as to terms and conditions to prevent or mitigate an alteration; (d) section 590 respecting the identification of heritage property in a heritage control area; (e) section 597 respecting (i) the issuance or refusal of heritage alteration permits, (ii) the establishment of requirements and conditions of a heritage alteration permit, and (iii) the determination of whether the requirements and conditions of a heritage alteration permit have been met. (2) A by-law under subsection (1) of this section or section 565A (d.l) must (a) establish procedures regarding applying for and dealing with a reconsider ation under section 578 (2), (b) establish guidelines with regard to the exercise of this authority if the by-law authorizes a delegate to vary or supplement a bylaw under section 597 (2), and (c) establish guidelines with regard to the circumstances under which security is to be required from applicants, and how the amount of security is to be determined, if the bylaw authorizes a delegate to require an applicant to post a security deposit under section 598 (2) (c).
1994-43-101.
Ombudsman review of Council decisions 580. (1) The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by the Council under this Part or procedures used by the Council under this Part.
276 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 581
(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 593. (3) The Ombudsman Act, other than section 11 (1) (a) of that Act, applies to investi- . gations under this section and, for that purpose, the Council 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 Council 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 22 or 23 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the Council 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 Council. (7) Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.
1994-43-101.
Division (2) — Heritage Review
Heritage commissions 581. (1) The Council may, by by-law, do one or more of the following: (a) establish one or more heritage commissions, which may be different for different areas and different purposes; (b) authorize existing organizations to act as heritage commissions; (c) establish one or more joint heritage commissions with one or more other local governments. (2) A by-law under subsection (1) (a) must establish the terms of reference for the heritage commission, and (b) if the by-law establishes a heritage commission under subsection (1) (a) or (c), must establish (i) the composition of the heritage commission, (ii) the manner by which the members of the heritage commission are to be appointed, and (iii) the procedures governing the conduct of the heritage commission or the manner by which these procedures are to be established.
Dec. 31, 1996 277 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 582
(3) A heritage commission under subsection (1) may do the following: (a) advise the Council on any matter that is included in its terms of reference; (b) advise the Council on matters referred to it by the Council; (c) undertake or provide support for such activities as are included in its terms of reference or otherwise authorized by the Council. (4) Meetings of a heritage commission must be open to the public, except for those meetings or portions of meetings at which the commission considers matters for which the Council has authorized the commission to meet in private.
1994-43-101.
Heritage register 582. (1) The Council may, by resolution, establish a heritage register that identifies real property that is considered by the Council to be heritage property. (2) The heritage register (a) must indicate the reasons why property included in a 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 heritage register or deleting property from a heritage register, the Council must give notice of this (a) to the owner of the heritage property in accordance with section 599, and (b) to the minister responsible for the Heritage Conservation Act in accordance with section 602. (4) The protection of heritage property is not affected by an error or omission in a heritage register.
1994-43-101.
Heritage inspection may be ordered 583. (1) For the purposes of assessing the heritage value, heritage character or the need for conservation of real property, the Council 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 heritage register; (c) the property is or may be heritage property according to criteria that the Council may, by by-law, 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,
278 Dec. 31, 1996 1953 Vancouver Charter Chap. 55 Section 584
(d) may provide that the property covered by the order is subject to temporary protection as provided in section 591 until the applicable time under subsection (3) or section 584 (4), and (e) may include terms, conditions and specifications the Council 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 584 (4): (a) the day after a report of the results of the heritage inspection is delivered to a regular meeting of the Council; (b) the day the Council 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 incon spicuous as reasonably possible given the requirements of the heritage inspection. (6) Upon completion of a heritage inspection, the Council 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 Council or, if the damage cannot be repaired, to compensation from the Council.
1994-43-101.
Entry authority for a heritage inspection 584. (1) An order under section 583 (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) Prior to 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 583 authorizes entry into a building without the permission of the owner or occupier.
Dec. 31 i 1996 279 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 585
(4) A justice may issue a warrant authorizing a person to enter land or a building to conduct a heritage inspection ordered under section 583 (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 investi gation 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 583 (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.
1994-43-101.
Impact assessment may be required 585. (1) If, in the opinion of the Council or its delegate, an approval may affect protected heritage property, the Council or delegate may require the applicant for the approval, before the approval is issued, (a) to provide the Council 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 bn the heritage property, or (b) to permit the Council or delegate to undertake, at the expense of the Council, studies regarding the matters referred to in paragraph (a) provided that such 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 Council or its delegate without the agreement of the applicant.
1994-43-101.
Requests for Provincial protection 586. (1) If, in the opinion of the Council, a building or site owned by the Crown has heritage value or heritage character, the Council may, by resolution, request that
280 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 587
the Lieutenant Governor in Council consider protection of the building or site under the Heritage Conservation Act. (2) Within 5 days after a resolution under subsection (1) is adopted, the Council must notify the minister responsible for the Heritage Conservation Act of the request. (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 591 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 Council in writing that the temporary protection is ended. (4) Despite section 14 (2) of the Interpretation Act, subsection (3) applies to the Crown. (5) No more than one request may be made under subsection (1) with respect to any particular building or site during any one 10 year period.
1994-43-101.
Division (3) — Temporary Protection
Withholding of approvals 587. (1) The Council may, by by-law, direct or authorize a board, committee, officer or employee who issues approvals to withhold the issuance of any apjproval for an action which, in the opinion of the board, committee or person responsible for issuing the approval, would alter or cause an alteration to any of the following: r (a) protected heritage property; (b) property subject to temporary heritage protection under another section of this Part; (c) property in a heritage register under section 582. (2) A by-law 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 Council at its next regular meeting after the approval is withheld. (4) If an approval is referred to the Council with regard to property referred to in subsection (1) (a) or (b), the Council 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;
Dec. 31, 1996 281 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 588
(b) the applicant agrees to terms and conditions satisfactory to the Council 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 board, committee or person responsible for issuing the approval to be protected under the Heritage Conservation Act, the Council 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 Council under subsection (3).
1994-43-101. Withholding of demolition permits pending other approvals 588. (1) Without restricting section 587, the Council may, by by-law, direct or authorize a board, committee, officer or employee who issues permits for demolition may withhold approval 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 the heritage register established under section 582, until a building permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site. (2) The Council 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.
1994-43-101.
Orders for temporary protection 589. (1) The Council may order that real property is subject to temporary protection in accordance with section 591 if the Council considers that (a) the property is or may be heritage property, or (b) protection of the property may be necessary or desirable for the conser vation 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 may not be longer than 120 days unless the owner of the property agrees to a longer time period, and (b) must not be made more than once within a 2 year period.
282 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 590
(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.
1994-43-101.
Heritage control periods for temporary protection 590. (1) For the purposes of heritage conservation planning for an area identified in the by-law, the Council may, by by-law, declare a heritage control period with respect to the area. (2) A by-law under subsection (1) must specify the length of the heritage control period, which may not be longer than one year from the date of adoption of the by-law. (3) A by-law 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 by-law. (4) During a heritage control period under subsection (1), property within the area covered by the by-law is subject to temporary protection in accordance with section 591. (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.
1994-43-101.
Temporary protection 591. (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; (b) makea structural change to a building; (c) move a building; (d) alter, move or take an action that would damage a fixture or feature identified in the authorizing resolution, order or by-law for the temporary protection; (e) alter, excavate or build on the property.
Dec. 31, 1996 283 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 592
(2) The prohibition under subsection (1) does not apply to alterations that are allowed by the authorizing resolution, by-law or order for the temporary protection to be made without a heritage alteration permit.
1994-43-101.
Division (4) — Continuing Protection
Heritage revitalization agreements 592. (1) The Council may, by by-law, 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 1 (i) a by-law under section 292, (ii) a by-law under Part XXIV-A, (iii) a zoning by-law under Part XXVII, (iv) a development permit under Part XXVII, or (v) a by-law or heritage alteration permit under this Part; (c) include such other terms and conditions as may be agreed upon by the Council and the owner. (3) A heritage revitalization agreement prevails over a by-law or permit referred to in subsection (2) (b) to the extent of any conflict. (4) A heritage revitalization agreement may only be amended by by-law with the consent of the owner. (5) The Council 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 by-law. (6) The Council must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved by the Minister of Municipal Affairs if circumstances prescribed under subsection (7) apply. (7) The minister may, by regulation, prescribe circumstances in which approval under subsection (6) is required. (8) The Council must hold a public hearing on the matter before entering into or amending a heritage revitalization agreement 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, section 566 applies.
284 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 593
(9) Within 30 days after entering into or amending a heritage revitalization agreement, the Council must (a) file a notice in the land title office in accordance with section 601, and (b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 602. (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.
1994-43-101.
Heritage designation protection 593. (1) Except as authorized by a heritage alteration permit or allowed under subsection (3) (f), a person must not do any of the following: (a) alter the exterior of a building protected under this section; (b) make a structural change to a building protected under this section; (c) move a building protected under this section; (d) alter, remove or take an action that would damage an interior feature or fixture that is identified under subsection (3) (c); (e) alter, remove or take an action that would damage a landscape feature that is identified under subsection (3) (d); (f) alter, excavate or build on land protected under this section. (2) The Council may, by by-law, on terms and conditions as it considers appropriate, designate real property in whole or in part as protected under this section if the Council 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. (3) A heritage designation by-law 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 by-law; (d) apply to landscape features identified in the by-law; (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;
Dec. 31, 1996 285 Chap. 55 Vancouver Charter 1-2 Eliz. 2
Section 594
(g) establish policies regarding the issuance of heritage alteration permits in relation to property covered by the by-law.
1994-43-101.
Heritage designation procedure 594. (1) Before a heritage designation by-law is adopted, the Council must hold a public hearing on the proposed by-law for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed by-law.
(2) Section 566 (3) and (5) applies with respect to the public hearing and enactment of the heritage designation by-law.
(3) At least 10 days before the public hearing, a notice in the prescribed form must be given in accordance with section 599 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 of general circulation within the city in which the real property that would be designated is located, with the last publication to be at least 3 days but not more than 10 days before the public hearing.
(5) The Council must have prepared a report 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 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 City Hall during its regular office hours.
(7) No heritage designation by-law is invalid for inadvertent and minor non-compliance with this section or Division (6), or for an error or omission in the report under subsection (5).
(8) Within 30 days after the Council adopts or defeats a heritage designation by-law or determines not to proceed with the by-law, the Council must give notice of this in the prescribed form to the owners entitled to notice under subsection (3) (a).
286 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 595
(9) Within 30 days after adopting a heritage designation by-law, the Council must give notice of this (a) to the land title office in accordance with section 601, and (b) to the minister responsible for the Heritage Conservation Act inAccordance with section 602.
1994-43-101.
Compensation for heritage designation 595. (1) If a designation by a heritage designation by-law causes, or will cause at the time of designation, a reduction in the market value of the designated property, the Council must compensate an owner of the designated property who makes an application under subsection (2), in an amount or in a form the Council 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 Council 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 by-law is adopted, and (b) may be made before the heritage designation by-law is adopted. (4) If the Council 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 Council 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 Council 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 Council defeats, or determines not to proceed with, the designation by-law. (8) Nothing in this section authorizes the Council to give any financial or other benefit to an owner except that which is commensurate with reduction in the market value of the designated property as caused by that designation.
Dec. 31. 1996 287 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 595A
(9) This section does not apply with respect to property that, immediately before the adoption of the heritage designation by-law, is already designated under a heritage designation by-law or under section 4 of the Heritage Conservation Act. 1994-43-101.
Transfer of increased density provided as compensation for heritage designation 595A. (1) In relation to extra density provided as compensation under section 595, the Council may establish a heritage density increase transfer system in accordance with this section.
(2) For the purposes of this section, a zoning by-law may provide that the density otherwise permitted for a site within the zone is increased if (a) the extra density is transferred to the site from a designated heritage property in relation to which it was received as compensation, and (b) the transfer to the particular site and the amount of density increase on that site are approved by the Development Permit Board established under section 565A (d).
(3) A by-law referred to in subsection (2) must establish the maximum density increase that may be permitted by the Development Permit Board, subject to the limit that the maximum established must not be greater than 10% of the otherwise applicable density for the site to which the extra density is transferred.
(4) Before considering an application for approval of a density transfer under this section, the Development Permit Board must consider the views of persons who consider themselves affected by the proposed density increase for the site to which the extra density is to be transferred and, for these purposes, must publish a notice in at least 2 consecutive issues of a daily newspaper published or circulating in the city stating (a) the site to which the extra density is to be transferred and the designated heritage property to which it relates, (b) the extent of density increase that is proposed for the site to which the extra density is to be transferred, and (c) the manner in which persons affected by the proposed density increase for the site to which the extra density is to be transferred may make their views known to the Development Permit Board.
(5) Before a density transfer is permitted under this section, a covenant in favour of the city that the extra density will not be used on the designated heritage property must be registered under section 215 of the Land Title Act against the designated heritage property. 1995-29-7.
288 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 596
Heritage site maintenance standards ' 596. (1) The Council may, by by-law, establish minimum standards for the maintenance , of real property that is designated as protected by a heritage designation by-law. (2) Different standards may be established under subsection (1) for different areas or for different types or classes of property.
1994-43-101. •
Division (5) — Heritage Alteration Permits
Heritage alteration permits 597. (1) The Council or its delegate may issue a heritage alteration permit authorizing alterations or other actions if such authorization is required by (a) this Act or by a by-law or order under this Act, (b) a heritage revitalization agreement under section 592, or (c) a covenant under section 215 of the Land Title Act. (2) Subject to the limitation that the use or density of use may not be varied, a heritage alteration permit may, in relation to protected heritage property, vary or supplement provisions of (a) a by-law under section 292, (b) a bylaw under Part XXIV-A, (c) a zoning by-law under Part XXVII, (d) a development permit under Part XXVII, or (e) a by-law or heritage alteration permit under this Part. (3) A permit issued under this section prevails over a by-law or permit referred to in subsection (2) to the extent of any conflict. (4) The Council or its delegate may refuse to issue a heritage alteration permit for an action that, in the opinion of the Council or delegate, would not be consistent with the purpose of the heritage protection of the property. (5) If the refusal to issue a heritage alteration permit prevents the use of land that is allowed under the applicable zoning by-law or the development of land to the density that is allowed under the applicable zoning by-law in respect of that permitted use, the Council or delegate must inform the applicant of the require ments or conditions under which the use or density proposed by the applicant would be allowed.
1994-43-101.
Requirements and conditions in a heritage alteration permit 598. (1) A heritage alteration permit may be made subject to such terms, requirements and conditions as the Council or its delegate considers consistent with the purpose of the heritage protection of the property.
Dec. 31, 1996 289 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 599
(2) Without limiting the generality of 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; (c) if the permit is required by this Part or a by-law or order under this Part, a requirement that the applicant provide a specified amount of security, in a form satisfactory to the Council, 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 the Council 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 Council 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 Council may recover the cost of the work undertaken under subsection (4) and the cost of incidental expenses incurred by the Council by applying the security 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 Council may add the cost of works undertaken and incidental expenses, or the remaining costs, to the taxes payable to the Council 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 Council must, subject to subsection (5), return any security provided under subsection (2) (c) to the person who provided it.
1994-43-101.
Division (6) — Notices under this Part Giving notice to owners and occupiers 599. (1) If notice is required to be given to an owner or occupier under this Part, the notice 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 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 603.
290 Dec. 31. 1996 1953 Vancouver Charter Chap. 55 Section 600
(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 600. (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.
1994-43-101.
Posting notice on protected heritage property 600. (1) The Council 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 583, 586, 589 or 590. (2) Before or upon entering land to post a notice, the Council must make a reasonable effort to inform the owner or occupier of the land. (3) Except as authorized by the Council, a person must not alter or remove a notice posted under the authority of this section.
1994-43-101.
Notice on land titles 601. (1) The Council 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 396B (1); (b) property designated by a heritage designation by-law; (c) property that is subject to a heritage revitalization agreement. (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, by-law or agreement referred to in subsection (1) no longer applies to property for which a notice was filed under this section, the Council must notify the land title office.
Dec. 31. 1996 291 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 602
(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 the Council 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 Crown 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 315 of the Land Title Act applies in respect of those fees.
1994-43-101.
Notice to minister responsible for the Heritage Conservation Act 602. (1) The Council 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 396A (2); (b) heritage property identified in a heritage register under section 582; (c) heritage property designated by a heritage designation by-law; (d) heritage property that is subject to a heritage revitalization agreement. (2) If the provisions that require that notice must be given under subsection (1) no longer apply to any real property, the Council 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 586 (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.
1994-43-101.
Regulations regarding notices 603. (1) The Lieutenant Governor in Council may make regulations respecting the form, content and means of giving notice under this Part or under section 396A (5).
292 Dec. 31. 19% 1953 Vancouver Charter Chap. 55 Section 604
(2) Regulations under subsection (1) may be different for different types of notices and for different types of properties.
1994-43-101.
Division (7) — Remedies and Offences
Civil remedies in relation to heritage property 604. (1) The Council may apply to the court for an order for compliance or restoration if a person does one or more of the following: (a) does anything for which a heritage alteration permit is required by or under this Act without the authority of a heritage alteration permit; (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 580 (4); (d) fails to bring property up to the standards established under section 596. (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 580 (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 Council 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 Council for the cost of the work performed and the cost of incidental expenses accruing under the order. (4) Without limiting the generality of subsection (3), the court may authorize the Council to add the cost of the work undertaken and the cost of incidental expenses under the order to the taxes payable to the Council with regard 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 606 in relation to the matter.
1994-43-101.
Dec. 31. 1996 293 Chap. 55 Vancouver Charter 1-2 Eliz. 2 Section 605
Notice of contravention may be filed in land title office 605. (1) An officer or employee of the city may recommend to the Council 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 Council under section 215 of the Land Title Act in relation to heritage property has been contravened. (2) Section 336D (2) to (9) applies for the purposes of this section as though the person making the recommendation under subsection (1) of this section were the City Building Inspector making a recommendation under section 336D (1). (3) The authority under subsection (1) is in addition to any other action the person or the Council is authorized to take in relation to the matter.
1994-43-101.
Offences and penalties 606. (!) 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 impris onment 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.
1994-43-101.
[Note: Act effective July 2, 1953. 1953-55-563.]
Queen’s Printer for British Columbia© Victoria, 1997
294 Dec. 31. 1996